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2011-12-05_Agenda Packet--Dossier de l'ordre du jourI City of Saint John Common Council Meeting Monday, December 05, 2011 Committee of the Whole 1. Call to Order 4:00 p.m. 8th Floor Boardroom City Hall 1.1a,b) Employment Matter 10.2(4)(b) 1.2 Nominating Committee 10.2(4)(b) 1.3 Employment Matter 10.2(4)(b,j) 1.4 Employment Matter 10.2(4)0) 1.5 Employment Matter 10.2(4)0) 1.6 Agreement 10.2(4)(c) 1.7 Agreement 10.2(4)(c) 1.8 Employment Matter 10.2(4)0) 1.9 Financial Matter 10.2(4)(c) 1.10 Property Matter 10.2(4)(c,d) 1.11 Legal Proceedings 10.2(4)(f,g,j) 1.12 Legal Proceedings 10.2(4)(b,f,j) 1.13a,b) Legal Opinion 10.2(4)(f) 1.14 Legal Opinion 10.2(4)(f) 1.15 Property Matter 10.2(4)(b,d) Regular Meeting Si vous auriez besoin des services en frangais pour une r6union de Conseil Communal, veuillez contacter le bureau de la greffiere communale au 658 -2862. 1. Call to Order - Prayer 7:00 p.m. Council Chamber 2. Approval of Minutes 2.1 Minutes of November 7, 2011 2.2 Minutes of November 14, 2011 3. Adoption of Agenda Items Forwarded from Council Meeting of November 21, 2011 3.1 Saint John Theatre Company (Councillor Norton) 3.2 Josselyn Road (Councillor Norton) 3.3 Symphony New Brunswick (Councillor Norton) 3.4 City Manager: Winter Street Parking Restrictions 3.5 City Manager: Safe, Clean Drinking Water - Progress Report 4 3.6 Commissioner of Finance: Safe, Clean Drinking Water Affordability Analysis 5 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Proposed 2012 Council Meeting Schedule (Recommendation: Approve Proposed Schedule) 5.2 Dr. David Stephen Memorial Foundation Invitation to a Councillor to Participate on the Board of Directors (Recommendation: Refer to Nominating Committee) 5.3 Saint John Free Public Library Request to Present to Council (Recommendation: Refer to the Clerk to Schedule) 5.4 Pearce Letter: Request to Designate Rockwood Park as a Heritage Conservation Area (Recommendation: Refer to City Manager) 5.5 Saint John Jeux Canada Games Foundation Governor Nominations (Recommendation: Refer to Nominating Committee) 5.6 Data Storage System Upgrade for City IT Services (Recommendation in Report) 5.7 Saint John Trade and Convention Centre - Approval of 2010 Audited Financial Statements (Recommendation in Report) 5.8 Terms of the December 2011 Debenture Issue (Recommendation: Received for Information) 5.9 Saint John Arts Centre Request for Funds (Refer to 2012 Budget Deliberations) 5.10 Animal Control Services M &C 2011 -309 (Recommendation in Report) 5.11 Assent of a Public Utility Easement - 291 -293 and 295 -297 Watson Street (Recommendation in Report) 5.12 Lancaster Lagoon Wastewater Treatment Facility - Performance of Energy Management Program M &C 2011 -312 (Recommendation in Report) 5.13 2012 Saint John Chinese New Year Celebration (Recommendation: That the City donate $1500 to the event) 5.14 Amendment to Land Exchange Agreement - NB Housing Corporation (Recommendation in Report) 6. Members Comments 7. Proclamation 8. Delegations/ Presentations 9. Public Hearings 10. Consideration of By -laws 10.1 Third Reading - Zoning ByLaw Amendment 876 -880 Manawagonish Rd 10.2(a) Third Reading - Zoning ByLaw Amendment 125 Gault Rd 10.2(b) Section 39 Conditions 10.3(a) Third Reading - Zoning ByLaw Amendment 1515 Loch Lomond Rd 10.3(b) Section 39 Conditions 11. Submissions by Council Members 11.0 Josselyn Road (Mayor Court) 11.1 Facilitating Public Consultations Between Citizens and Saint John Transit Officials (Councillor Higgins) 11.2 Revisiting the Decision to Cut Transit Services (Councillor Higgins) 11.3 Saint John Trade and Convention Centre Need for Revitalization (Councillor Farren) 11.4 Building Proactive Policy Utilizing 2011 Citizen Survey Result (Councillor McGuire) 0 12. Business Matters — Municipal Officers 12.1 City Manager: Demolition of a Vacant and Dilapidated Building at 498 Green Head Road (PID 406827) 12.2 City Manager: Saint John Taxicab By -law Review 12.3 City Manager: Procurement Policy and Procedures 12.4 City Manager: Fairville Boulevard Planning Study 12.5a) City Manager: Prince William Parking Restriction for Fire Protection 12.5b) City Solicitor: Amendment to the Traffic By -Law (1st and 2nd Reading) 12.6 City Manager: Douglas Avenue — Winter Street Parking Restrictions Exemption 12.7 City Solicitor: Overnight Winter Parking Restriction Amendment to the Traffic By -Law Lancaster and Waring Streets 13. Committee Reports 13.1 City of Saint John Pension Plan Board of Trustees 13.2 Uptown Saint John: Revised budget 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Kirkland Letter: Request to Present to Council Regarding the Recent Saint John City Transit Cuts 15.2 Carpenter Letter Re: Transit Cuts - A West Side Perspective 15.3 Mahoney Letter Regarding Winter Parking Ban on Douglas Avenue 16. Adjournment 7 The City of Saint John Seance du conseil communal Le lundi 5 d6cembre 2011 Comit6 plenier 1.Ouverture de la s6ance 16 h 30 - Salle de conf6rence, 8e 6tage, h6tel de ville 1.1a,b) Question relative a 1'emploi - alin6a 10.2(4)b) 1.2 Comite des candidatures - alin6a 10.2(4)b) 1.3 Question relative a 1'emploi - alineas 10.2(4)b), j) 1.4 Question relative a 1'emploi - alin6a 10.2(4)j) 1.5 Question relative a 1'emploi - alin6a 10.2(4)j) 1.6 Convention - alin6a 10.2(4)c) 1.7 Convention - alin6a 10.2(4)c) 1.8 Question relative a Pemploi - alin6a 10.2(4)j) 1.9 Question iinanciere - alin6a 10.2(4)c) 1.10 Question relative aux biens -fonds - alineas 10.2(4)c), d) 1.11 Procedures judiciaires - alineas 10.2(4)f), g), j) 1.12 Procedures judiciaires - alineas 10.2(4)b), f), j) 1.13a,b) Avis juridique - alin6a 10.2(4)f) 1.14 Avis juridique - alinea 10.2(4)f) 1.15 Question relative aux biens -fonds - alineas 10.2(4)b), d) Seance ordinaire Si vous avez besoin de services en frangais pour une r6union de conseil communal, communiquez avec le bureau de la greffiere communale au 658- 2862. 1. Ouverture de la s6ance, suivie de la priere 19 h - Salle du conseil 2. Approbation du proces- verbal 2.1 Proces- verbal de la s6ance tenue le 7 novembre 2011 2.2 Proces- verbal de la seance tenue le 14 novembre 2011 3. Adoption de l'ordre du jour Points report6s de la s6ance du conseil du 21 novembre 2011 3.1 Compagnie theatrale de Saint John (conseiller Norton) 3.2 Chemin Josselyn (conseiller Norton) 3.3 Symphonie Nouveau - Brunswick (conseiller Norton) 3.4 Directeur general : Restrictions relatives au stationnement sur rue en hiver 3.5 Directeur g6n6ra1 : Salubrit6 et propret6 de 1'eau potable — Rapport de progr6s no 4 3.6 Commissaire aux finances : Analyse de 1'abordabilit6 de 1'eau potable propre et salubre 4. Divulgations de conflits d'interets 5. Questions soumises a Papprobation du conseil 5.1 Proposition du calendrier des r6unions du conseil communal pour 2012 (recommandation : approuver le calendrier propos6) 5.2 La ondation comm6morative Dr. David Stephen Memorial Foundation invite un conseiller a pr6senter sa candidature pour si6ger au conseil d'administration (recommandation : transmettre au Comit6 des candidatures) 5.3 Demande de la Bibliotheque publique de Saint John pour se pr6senter devant le conseil (recommandation : transmettre a la greffi&re pour qu'une date de pr6sentation soft fix6e) 5.4 Lettre de Pearce au sujet de la demande visant a d6signer le parc Rockwood aire de conservation du patrimoine (recommandation : transmettre au directeur g6n6ral) 5.5 Nomination des gouverneurs au sein de la Saint John Jeux Canada Games Foundation (recommandation : transmettre au Comit6 des candidatures) 5.6 Am6lioration du syst&me de stockage des donn6es pour les services des TI de la Ville (recommandation figurant au rapport) 5.7 Saint John Trade and Convention Centre — Approbation des 6tats financiers v6rifi6s de 2010 (recommandation figurant au rapport) 5.8 Modalit6s relatives a 1'6mission d'obligations de d6cembre 2011 (recommandation : accepter le rapport et le classer) 5.9 Demande de financement du Centre des arts de Saint John (recommandation : renvoyer aux d6lib6rations budg6taires de 2012) 5.10 Services relatifs aux animaux domestiques — Rapport M/C 2011 -309 (recommandation figurant au rapport) 5.11 Approbation de la servitude de service public visant les num6ros 291 a 293 et 295 a 297, rue Watson (recommandation figurant au rapport) 5.12 Installation de traitement des eaux us6es du bassin Lancaster — Rapport M/C 2011 -312: Rendement du programme de gestion 6nerg6tique (recommandation : accepter le rapport et le classer) 5.13 C616bration du Nouvel an chinois a Saint John en 2012 (recommandation : don de 1 500 $ offert par la Ville pour l'organisation de 1'6v6nement) 5.14 Modification a Hchange de biens -fonds — Soci6t6 d'habitation du Nouveau - Brunswick (recommandation figurant au rapport) 6. Commentaires pr6sent6s par les membres 7. Proclamation 8. Delegations et presentations 9. Audiences publiques 10. Etude des arret6s municipaux 10.1 Troisieme lecture du projet de modification de 1'Arret6 de zonage visant les 876 -880, chemin Manawagonish 10.2a) Troisieme lecture de la modification de 1'Arret6 de zonage visant le 125, chemin Gault 10.2b) Conditions imposes par Particle 39 10.3a) Troisi&me lecture de la modification de 1'Arr&6 de zonage visant le 1515, chemin Loch Lomond 10.3b) Conditions impos6es par Particle 39 11. Interventions des membres du conseil 11.0 Chemin Josselyn (maire Court) 11.1 Facilitation des consultations publiques entre les citoyens et les repr6sentants de la Commission des transports de Saint John (conseill&re Higgins) 11.2 R6examen de la d6cision voulant que les services de transport en commun soient r6duits (conseill&re Higgins) 11.3 Revitalisation n6cessaire du Saint John Trade & Convention Centre (conseiller Farren) 11.4 Etablissement d'une politique proactive a partir des r6sultats du sondage de 2011 men6 aupr&s des citoyens (conseiller McGuire) 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux 12.1 Directeur g6n6ral : d6molition d'un batiment vacant et d6labr6 situ6 au 498, chemin Green Head (NID 406827) 12.2 Directeur g6n6ral : Examen de 1'Arret6 de Saint John r6glementant les taxis 12.3 Directeur g6n6ral : Politiques et proc6dures d'approvisionnement 12.4 Directeur g6n&ral : Etude de planification portant sur le boulevard Fairville 12.5a) Directeur g6n6ral : Restrictions relatives au stationnement sur la rue Prince William aux fins de protection contre les incendies 12.5b) Avocat municipal : Modification de 1'Arr&6 relatif a la circulation (premi&re et deuxi&me lectures) 12.6 Directeur g6n6ral : Avenue Douglas — Exemption des restrictions relatives au stationnement sur rue en hiver 12.7 Avocat municipal: Modification de 1'Arr&6 relatif a la circulation dans le cadre des restrictions relatives au stationnement sur rue en hiver la nuit (rues Lancaster et Waring) 13. Rapports d6pos6s par les comit6s 13.1 Conseil d'administration de la Commission du regime de retraite de la Ville de Saint John 13.2 Uptown Saint John: Budget r6vis6 14. Etude des sujets 6cart6s des questions soumises a 1'approbation du conseil> 15. Correspondance g6n6rale 15.1 Lettre de Kirkland visant a se pr6senter devant le conseil au sujet des r6centes compressions budg6taires touchant le service de transport en commun Saint John Transit 15.2 Lettre de Carpenter concernant les compressions budg6taires touchant le service de transport en commun Saint John Transit — Point de vue des citoyens du quartier ouest 15.3 Lettre de Mahoney au sujet de l'interdiction de stationnement en hiver sur l'avenue Douglas 16. Lev6e de la s6ance 96 -477 COMMON COUNCIL / CONSEIL COMMUNAL NOVEMBER 7, 2011/LE 7 NOVEMBRE 2011 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — NOVEMBER 7, 2011 - 6:00 P.M. Present: Ivan Court, Mayor Deputy Mayor Chase and Councillors Court, Farren, Higgins, Norton, 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; C. Thompson, Police Inspector; K. Clifford, Acting Fire Chief; 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 7 NOVEMBRE 2011 A 18 H Sont presents : Ivan Court, maire le maire suppleant Chase et les conseillers Court, Farren, Norton, Snook, Sullivan, Titus et la conseillere Higgins -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; C. Thompson, inspecteur de police; K. Clifford, chef du service d'incendie par interim; E. Gormley, greffiere communale, et J. Taylor, greffier communal adjoint. 1. Call To Order — Prayer Mayor Court called the meeting to order and Reverend Greg Dakin offered the opening prayer. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire Court et le pasteur Greg Dakin recite la priere d'ouverture. 2. Approval of Minutes 2. Approbation du proces- verbal 3. Approval of Agenda On motion of Councillor Titus Seconded by Councillor Snook RESOLVED that the agenda of this meeting be approved; and further that items 11. 1, 11.2 and 11.3 be moved to the end of the agenda. Question being taken, the motion was carried. 96 -478 COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 7, 201 VLE 7 NOVEMBRE 2011 3. Adoption de I'ordre du jour Proposition du conseiller Titus Appuyee par le conseiller Snook RESOLLI que I'ordre du jour de la presente reunion soit adopte et que les points 11.1, 11.2 et 11.3 soient deplaces a la fin de I'ordre du jour. A Tissue du vote, la proposition est adoptee. 3.1 Common Clerk: Committee System Form of Governance (Tabled on September 19, 2011) The Common Clerk advised that this presentation was previously tabled pending the whole of Council being in attendance. On motion of Councillor Norton Seconded by Councillor Sullivan RESOLVED that the report from the Common Clerk entitled Committee System Form of Governance be lifted from the table. Question being taken, the motion was carried with Councillors Court and Higgins voting nay. On motion of Councillor Norton Seconded by Councillor Sullivan RESOLVED that the motion that was previously adopted by Council on September 19, 2011, respecting the committee system form of governance presentation, be amended by adding that the presentation be scheduled with Council prior to end of November, 2011. Councillor Higgins suggested that the presentation could be scheduled in 2012. Councillor Snook stated that he does not agree with placing a time restriction on the resolution, further noting that it should remain tabled until all Council members are in attendance. Question being taken, the motion was carried with Councillors Court, Higgins, and Snook voting nay. 3.1 Greffiere communale: Mode de gestion du systeme des comites (point reporte a la reunion du 19 septembre 2011) La greffiere communale indique que cette presentation a ete reportee en attendant que le conseil au complet soit present. Proposition du conseiller Norton Appuyee par le conseiller Sullivan RESOLU que le rapport de la greffiere communale intitule Mode de gestion du systeme des comites soit soumis aux fins de discussion. A Tissue du vote, la proposition est acceptee. Le conseiller Court et la conseillere Higgins votent contre la proposition. Proposition du conseiller Norton Appuyee par le conseiller Sullivan RESOLLI que la proposition adoptee auparavant par le conseil le 19 septembre 2011 en ce qui a trait a la presentation sur le mode de gestion du systeme des comites soit modifiee en y ajoutant que la date d'une presentation devant le conseil soit fixee avant la fin de novembre 2011. La conseillere Higgins laisse entendre que la presentation pourrait avoir lieu en 2012. Le conseiller Snook declare qu'il nest pas d'accord d'imposer un delai d'execution pour la resolution, car elle devrait titre reportee jusqu'a ce que tous les membres du Conseil soient presents. 9 96 -479 COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 7, 2011/LE 7 NOVEMBRE 2011 A ('issue du vote, la proposition est acceptee. Les conseillers Court, Higgins et Snook votent contre la proposition. 4. Disclosures of Conflict of Interest 4. Divulgations de conflits d'interets 5. Consent Agenda 5.1 That Common Council grant Atlantic Wallboard Limited as general partner for Atlantic Wallboard Limited Partnership a License to Rail Crossing on Bayside Drive under the general terms and conditions contained in the License Agreement attached to M &C 2011 -286 and further, that the Mayor and Common Clerk be authorized to execute the License Agreement. 5.2 That the letter from Kirby Lucas regarding parking on Regent Street be referred to the City Manager. 5.3 That, pursuant to the Mobile Home Parks By -Law, Common Council permit a mini -home to be situated on the large property at 3396 Loch Lomond Road for a temporary period of one (1) year. 5.4 That Common Council assent to the submitted Agnes E. Crowley, Joseph F. Crowley, Mary Ellen Crowley & Thomas G. Crowley Subdivision with respect to the proposed public utility easement. 5.5 That Common Council approve payment of the invoice submitted by the Universite de Moncton — Centre de traduction et de terminologie juridiques for services rendered to translate the draft Municipal Plan into the French language in the amount of $30,580. 5.6 That the letter from the Saint John Board of Trade regarding the City of Saint John 2012 Budget be referred to Budget Deliberations. On motion of Councillor Titus Seconded by Councillor Sullivan RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. Question being taken, the motion was carried. 5. Questions soumises a I'approbation du conseil 5.1 Que le conseil communal accorde a Atlantic Wallboard Limited, a titre de partenaire general d'Atlantic Wallboard Limited Partnership, un permis de passage a niveau a I'angle de la promenade Bayside sous les conditions generales contenues dans le contrat de licence annexe au rapport intitule M/C 2011 -286, et que le maire et la greffibre communale soient autorises a executer le contrat de licence. 5.2 Que la lettre de Kirby Lucas relative au stationnement de la rue Regent soit transmise au directeur general. 5.3 Qu'en vertu de I'Arrete sur les pares pour maisons mobiles, le conseil communal autorise le proprietaire d'une maison mobile, installee sur le vaste terrain situe au 3396, chemin Loch Lomond, a laisser Iadite maison mobile sur place pour une periode temporaire de un (1) an. 5.4 Que le conseil communal approuve le plan du lotissement presente par Agnes E. Crowley, Joseph F. Crowley, Mary Ellen Crowley et Thomas G. Crowley en ce qui concerne 1'emprise proposee de service d'utilite publique. 5.5 Que le conseil communal approuve le paiement de la facture presentee par ('Universite de Moncton — Centre de traduction et de terminologie juridique pour les services rendus en matibre de traduction du plan d'amenagement en frangais pour la somme de 30 580 $. 10 96 -480 COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 7, 2011/LE 7 NOVEMBRE 2011 5.6 Que la lettre de la Chambre de commerce de Saint John au sujet du budget de 2012 de The City of Saint John soit soumise aux deliberations budgetaires. Proposition du conseiller Titus Appuyee par le conseiller Sullivan RESOLU que la recommandation formulee pour chacune des questions soumises a I'approbation du conseil soit adoptee. A ('issue du vote, la proposition est adoptee. 6. Members Comments 6. Commentaires presentes par les membres 7. Proclamation 7.1 Restorative Justice Week November 13 1h to 20tt', 2011 The Mayor proclaimed the week of November 13th to 20th, 2011 as Restorative Justice Week in the City of Saint John. 7. Proclamation 7.1 Semaine de la justice reparatrice, du 13 au 20 novembre 2011 Le maire declare la semaine du 13 au 20 novembre 2010 Semaine de la justice reparatrice dans The City of Saint John. 8. Delegations /Presentations 8. Delegations et presentations 9. Public Hearings 9. Audiences publiques 10. Consideration of By -laws 10. Etude des arretes municipaux 12. Business Matters- Municipal Officers 12.1 City Manager: Safe, Clean Drinking Water — Progress Report #3 Referring to a submitted report, Mr. Groody updated Council respecting the Safe, Clean Drinking Water project. On motion of Councillor Farren Seconded by Councillor Snook RESOLVED that as recommended by the City Manager in the submitted report M &C 2011 — 282: Safe, Clean Drinking Water — Progress Report #3 that Common Council: 1. Endorse the Program Structuring and Implementation Plan Version 2, as outlined in the report, at an estimated cost of $164,480,000 for delivering the highest priority elements of the program to assure safe, clean drinking water; 2. Refer this report to the Commissioner of Finance for an affordability analysis of the PS &I Plan Version 2 and financial recommendations; 3. Subject to the advice of the Commissioner of Finance, adopt the 4 -year schedule (2012 to 2015) for the Safe Clean Drinking Water Program (Highest Priority Elements) as the preferred implementation scenario; 4. Be prepared to consider recommendations on the resource requirements for direction and oversight of Safe Clean Drinking Water Program implementation; 11 96 -481 COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 7, 2011/LE 7 NOVEMBRE 2011 5. Authorize adjustment of the preliminary submission to PPP Canada, approved by Council on July 4th, 2011, to reflect the scope and estimate changes outlined herein, and submission of updated documentation to PPP Canada. 6. In recognition of the vital importance of proceeding with implementation of the Safe Clean Drinking Water Program in a timely and complete manner, continue efforts to secure the essential cost sharing agreements with the Province of New Brunswick and the Government of Canada for equal shares of funding - approximately $54,827,000 from each funding partner - over four years from 2012 to 2015. Question being taken, the motion was carried with Councillor Higgins voting nay. 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Directeur general : Salubrite et proprete de I'eau potable — Rapport de progres n° 3 Citant un rapport soumis, M. Groody met le conseil a jour sur le projet de Salubrite et proprete de I'eau potable. Proposition du conseiller Farren Appuyee par le conseiller Snook RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2011— 282: Salubrite et proprete de 1'eau potable — Rapport de progres n° 3, que le conseil communal: 1. appuie la version 2 du Plan de conception et de mise en ceuvre du programme, comme it est decrit dans le rapport, au cout estimatif de 164 480 000 $, afin de mettre en ceuvre les elements du programme les plus prioritaires en vue d'assurer la salubrite et la proprete de I'eau potable; 2. renvoie ce rapport au commissaire aux finances aux fins d'analyse de I'abordabilite de la version 2 du Plan de conception et de mise en couvre du programme et des recommandations finales; 3. sous reserve de I'avis du commissaire aux finances, adopte, de preference, un echeancier de 4 ans (de 2012 a 2015) pour la mise en ceuvre du Programme sur la salubrite et proprete de I'eau potable (elements les plus prioritaires); 4. soit pret a envisager les recommandations sur les besoins en ressources en guise d'orientation et de surveillance de la mise en ceuvre du Programme sur la salubrite et proprete de 1'eau potable; 5. autorise la modification de la presentation preliminaire a PPP Canada, approuvee par le conseil le 4 juillet 2011, afin de refleter la portee et 1'estimation des changements decrites dans les presentes et de fournir la documentation mise a jour a PPP Canada; 6. continue ses efforts, en guise de reconnaissance de l'importance vitale de proceder a une mise en oeuvre opportune et complete du Programme sur la salubrite et proprete de 1'eau potable, visant a obtenir des ententes de partage des couts indispensables entre le gouvernement provincial du Nouveau - Brunswick et le gouvernement du Canada afin que le financement soit partage egalement, soit 54 827 000 $ de chacun des partenaires sur une periode quatre ans de 2012 a 2015. A I'issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. 12.2 City Manager: Revised Pension Plan Reform Proposal The City Manager advised that the City of Saint John pension plan shortfall has continued to escalate over approximately ten years, noting that many other municipalities are facing similar issues. He indicated that the pension reform process has been taking place over the last 18 months, adding that certain principles were adopted to help guide the pension discussions. He explained that the changes were to be fair and equitable, but also had to solve the financial problems of the plan. 12 96 -482 COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 7, 2011/LE 7 NOVEMBRE 2011 Mr. Woods stated that employees and retirees were involved in the pension discussions from the outset of the process. He advised that the original pension plan reforms were proposed on a prospective basis only, noting that the new proposal has some retroactive changes. He explained that any changes made to the plan must comply with the applicable legislation governing pensions in New Brunswick. Referring to the submitted report, Mr. Woods stated a revised pension plan reform proposal has been distributed to Council, noting that the original proposal known as "Option A" was rejected by the province. He stated that the current pension reform proposal addresses many of the issues that the Superintendent of Pension had identified as problems with the Option A proposal. Mr. Woods outlined the contents of the report and responded to questions. The Commissioner of Finance stated that the city has made an $8.7 million payment for the 2010 pension arrears, noting that the city has requested that the province grant a 10 year deferral on the remaining $4.9 million in arrears beginning in 2012. He advised that if the deferral is refused it would add an additional 7 cents on the city's tax rate. He explained that the city is not currently paying the mandatory $550,000 monthly payment, noting that this will generate another $7 million liability for 2011 if a deferral is refused. Mr. Woods added that a 15 cent municipal tax rate increase would have a devastating impact on employment, investment, new housing development. On motion of Councillor Titus Seconded by Councillor Court RESOLVED that as recommended by the City Manager in the submitted report Revised Pension Plan Reform Proposal that Common Council adopt Option S7, as described in the November 4, 2011 correspondence in this matter from the City Manager addressed to Common Council and received at the November 7, 2011 Council meeting, as the framework for amendments to the City of Saint John Pension Act; and FURTHER BE IT RESOLVED that the Province of New Brunswick be formally advised accordingly; and FURTHER BE IT RESOLVED that the City Manager, the Commissioner of Finance and the City Solicitor be directed to develop, in conjunction with the Superintendent of Pensions and AON Hewitt, and submit to Common Council for its consideration and decision, the details of the terms governing the reintroduction of suspended indexing. Responding to a question, the City Manager stated that should council adopt his pension reform recommendations, the first step would be to submit the proposal to the Department of Justice. He noted that the Superintendent of Pensions would then vet the proposal and make a recommendation to government. Question being taken, the motion was carried. 12.2 Directeur general : Proposition de reforme du regime de retraite Le directeur general indique que le deficit du regime de retraite de The City of Saint John continue de se creuser depuis les dix dernieres annees. II fait remarquer que de nombreuses autres municipalites connaissent les memes problemes. II indique que le processus de reforme du regime de retraite se deroule depuis les dix -huit derniers mois et que certains principes ont ete adoptes pour orienter les discussions sur ce sujet. II explique que les changements doivent non seulement titre justes et equitables, mais doivent egalement resoudre les problemes financiers du regime. M. Woods declare que les employes et les retraites ont pris part aux discussions a ce sujet au lancement du processus. II ajoute qu'a I'origine les reformes du regime de retraite ont ete proposees uniquement sur une base prospective. II fait remarquer que la nouvelle proposition est marquee de quelques changements retroactifs. II continue en disant que les changements apportes au regime doivent se conformer aux lois applicables aux pensions du Nouveau - Brunswick. Citant le rapport soumis, M. Woods precise que les membres du conseil ont regu une proposition de reforme du regime de retraite revise. II fait remarquer que la proposition initiale connue sous « Option A » a ete rejetee par le gouvernement provincial. Selon lui, 13 96 -483 COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 7, 201 VILE 7 NOVEMBRE 2011 la proposition actuelle de reforme du regime de retraite traite de nombreuses questions considerees par le surintendant des pensions comme etant problematiques dans la proposition de I'Option A. M. Woods presente le contenu du rapport et repond aux questions. Le commissaire aux finances indique que la Ville a verse 8,7 millions de dollars au chapitre des arrieres de pension de 2010. II souligne que la Ville a demande que le gouvernement provincial accorde un report de dix ans sur le reste des 4,9 millions de dollars en arrieres, et ce, a compter de 2012. II precise que si le report est refuse, it faudrait relever le taux d'imposition de la Ville de sept cents. II precise qu'a I'heure actuelle la Ville ne paie pas la somme mensuelle obligatoire de 550 000 $. Si le report est refuse, la dette de la Ville se verra augmenter de 7 millions de dollars supplementaires en 2011, selon lui. De I'avis de M. Woods, I'augmentation de quinze cents du taux d'imposition municipal aura des effets devastateurs sur 1'emploi, les investissements et les nouveaux projets de developpement de logement. Proposition du conseiller Titus Appuyee par le conseiller Court RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule Proposition de reforme du regime de retraite, le conseil communal adopte ('option S7, telle qu'elle est presentee dans la correspondance du 4 novembre 2011 provenant du directeur general adressee au conseil communal et regue a la reunion du conseil tenue le 7 novembre 2011, comme modble de modifications a apporter a la Loi sur le regime de retraite de la Ville de Saint John; IL EST DE PLUS RESOLU que le gouvernement du Nouveau - Brunswick en soit officiellement informe; IL EST DE PLUS RESOLU que le directeur general, le commissaire aux finances et I'avocat municipal soient charges d'elaborer, en collaboration avec le surintendant des pensions et AON Hewitt, les modalites regissant le renouvellement de ('indexation suspendue et qu'ils les soumettent au conseil communal aux fins d'examen et de decision. En reponse a une question, le directeur general declare que si le conseil adopte ses recommandations sur la reforme du regime de retraite, la premiere etape serait de presenter la proposition au ministere de la Justice. II souligne que le surintendant des pensions etudierait ensuite en detail la proposition et ferait une recommandation au gouvernement. A ('issue du vote, la proposition est adoptee. 12.3 City Manager: Saint John Harbour Clean -Up On motion of Councillor Titus Seconded by Councillor Court RESOLVED that as recommended by the City Manager in the submitted report M &C 2011 — 256: Saint John Harbour Clean -Up that Common Council receive and file this report. Question being taken, the motion was carried. 12.3 Directeur general : Nettoyage du port de Saint John Proposition du conseiller Titus Appuyee par le conseiller Court RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2011— 256: Nettoyage du port de Saint John, que le conseil communal accepte et classe le present rapport. A ('issue du vote, la proposition est adoptee. 14 96 -484 COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 7, 201 VLE 7 NOVEMBRE 2011 12.4 City Manager: Eastern Wastewater Treatment Facility Design and Construction Management and HADD Compensation On motion of Councillor Sullivan Seconded by Councillor Titus RESOLVED that as recommended by the City Manager in the submitted report M &C 2011 — 272: Eastern Wastewater Treatment Facility Design and Construction Management and HADD Compensation that: The Engineering services agreement with CBCL Limited for Design and Construction Management of the Eastern Wastewater Treatment Facility project be increased from $3,437,360 to $3,899,730 as outlined in the report. 2. The HADD compensation projects in the Hazen Creek Watershed area with a construction budget estimate of $400,000 be designed and tendered under the Harbour Clean -Up Program in accordance with the City's Tendering Policy for Construction Contracts. Question being taken, the motion was carried with Deputy Mayor Chase voting nay. 12.4 Directeur general : Conception et gestion de la construction d'une installation de traitement des eaux usees et compensation de la DDP Proposition du conseiller Sullivan Appuyee par le conseiller Titus RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2011— 272: Conception et gestion de la construction dune installation de traitement des eaux usees et compensation de la DDP, que : le montant de 1'entente des services d'ingenierie conclue avec CBCL Limited pour la conception et la gestion de la construction d'une installation de traitement des eaux usees passe de 3 437 360 $ a 3 899 730 $ comme it est decrit dans le rapport; 2. les projets de compensation de la DPP dans le secteur des bassins versants du ruisseau Hazen avec des previsions budgetaires de 400 000 $ soient congus et mis en appel d'offres en vertu du programme de nettoyage du port conformement a la politique d'appel d'offres relative aux contrats de construction de la Ville. A Tissue du vote, la proposition est acceptee. Le maire suppleant Chase vote contre la proposition. 12.5 Commissioner of Finance: Interim Financing Parking Garage On motion of Councillor Titus Seconded by Councillor Court RESOLVED that as recommended by the City Manager in the submitted report Interim Financing Parking Garage that the City's bridge financing credit facility be made available to provide interim funding for the construction by the Saint John Parking Commission (the Parking Commission) of the Carleton - Sewell Street Parking Garage (the Parking Garage) to a maximum of Fifteen Million Dollars ($15,000,000) on condition that the Parking Commission shall pay, as they become due, the associated interest charges calculated at the rate charged to the City from time to time for draws made in that regard; such arrangement shall continue until the Province's capital funding contribution to the construction of the Parking Garage has been received and the City's Debenture to fund the Parking Commission's share of the capital costs of the Parking Garage has been issued; AND FURTHER BE IT RESOLVED that the City enter into an agreement with the Parking Commission reflective of the terms described herein as well as those contained in the Council resolution of October 25, 2010 which authorized a loan from the City to the Parking Commission for the construction of the Parking Garage. Question being taken, the motion was carried with Deputy Mayor Chase and Councillor Higgins voting nay. 15 96 -485 COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 7, 2011/LE 7 NOVEMBRE 2011 12.5 Commissaire aux finances : Prefinancement du garage a etages Proposition du conseiller Titus Appuyee par le conseiller Court RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule Prefinancement du garage a etages, la facilite de credit pour le prefinancement de la Ville soit rendue accessible afin de permettre la construction du garage a etages des rues Carleton et Sewell (le garage a etages) par la Commission sur le stationnement de Saint John (Commission sur le stationnement) jusqu'a concurrence de quinze millions de dollars (15 000 000 $), a la condition que ladite Commission paie, lorsqu'ils viennent a echeance, les frais d'interets associes calcules au taux facture a la Ville de temps a autre pour des retraits effectues a cet egard. Ces dispositions se poursuivront jusqu'a ce la contribution au financement des immobilisations de la province visant la construction du garage a etages soit regue et que la debenture de la Ville en vue de financer la part des depenses en immobilisations de ladite Commission soit emise; IL EST DE PLUS RESOLU que la Ville signe une entente avec ladite Commission, dans laquelle figurent les modalites decrites dans les presentes ainsi que celles presentees dans la resolution du conseil du 25 octobre 2010 qui autorisaient I'octroi d'un pr6t de la Ville a ladite Commission pour la construction du garage a etages. A I'issue du vote, la proposition est acceptee. Le maire suppleant Chase et la conseillere Higgins votent contre la proposition. 12.6 City Manager: Simms Corner /Bridge Road — Retaining Wall Repairs Councillor Higgins made a motion to table item 12.6, which did not receive a seconder. B. Keenan, Engineering Manager, advised that the retaining wall in question poses safety risks to the public. He noted that once the work has been completed by the city an invoice would be sent to the province. On motion of Councillor Titus Seconded by Councillor Sullivan RESOLVED that as recommended by the City Manager in the submitted report M &C 2011 — 285: Simms Corner /Bridge Road — Retaining Wall Repairs that: The 2011 General Fund Capital Program budget be increased by $400,000 for the Simms Corner / Bridge Road — Retaining Wall Repairs project. 2. Notwithstanding the City's Procurement Policy for engagement of Professional Services, Common Council authorize staff to conduct negotiations for the engagement of GENIVAR Inc. to carry out design and construction management services for the Simms Corner / Bridge Road — Retaining Wall Repairs project. 3. Notwithstanding the City's Tendering Policy for Construction Contracts, Common Council authorize staff to request quotations from three private construction companies who have been engaged in the type of work specified in order to expedite the completion of the repairs with the understanding that staff will report back to Council with a recommendation for a contract award. Question being taken, the motion was carried with Councillor Higgins voting nay. 12.6 Directeur g6n6ral : Coin Simms /chemin Bridge — Reparation du mur de soutenement La conseillere Higgins propose de reporter le point 12.6 qui ne regoit pas I'appui d'un second proposeur. B. Keenan, directeur de I'ingenierie, indique que le mur de soutenement en question pose des risques de securite au public. II souligne qu'une fois que les travaux seront termines par la Ville, une facture sera envoyee a la province. 16 96 -486 COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 7, 201 VLE 7 NOVEMBRE 2011 Proposition du conseiller Titus Appuyee par le conseiller Sullivan RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -285: Coin Simms /chemin Bridge — Reparation du mur de soutenement, que : le budget du programme d'immobilisations du fonds d'administration pour 2011 soit augmente de 400 000 $ pour le coin Simms /chemin Bridge — projet de reparation du mur de soutenement; 2. nonobstant la politique d'approvisionnement de la Ville pour 1'embauche des services professionnels, le conseil communal autorise le personnel a mener des negociations visant 1'embauche de GENIVAR Inc. afin d'assurer la prestation de services de conception et de gestion de la construction pour le projet coin Simms /chemin Bridge — reparation du mur de soutenement; 3. nonobstant la politique d'appel d'offres de la Ville relative aux contrats de construction, le conseil communal autorise le personnel a demander des propositions de prix aupres de trois entreprises privees de construction qui ont deja fait ce type de travail afin de terminer rapidement 1'execution des reparations avec 1'entente que le personnel presentera un rapport au conseil suivi d'une recommandation permettant I'attribution du contrat. A Tissue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. 12.7 City Manager: King Street East On- Street Parking A motion to receive the submitted report for information was withdrawn by Councillors Titus and Sullivan. On motion of Councillor Norton Seconded by Councillor Snook RESOLVED that the City Manager be directed to submit a report to Council outlining the steps involved to allow for parking on both sides of King Street East during the non - winter months on those blocks that have been identified in the submitted report M &C 2011 — 281: King Street East On Street Parking. Responding to a question, T. O'Reilly expressed concerns about being consistent in the traffic by -law and, noting that changing the requirements for King Street East may result in additional requests for changes. Question being taken, the motion was carried. 12.7 Directeur general : Stationnement le long de la rue King Est Une proposition d'accepter le rapport soumis a titre informatif est retiree par les conseillers Titus et Sullivan. Proposition du conseiller Norton Appuyee par le conseiller Snook RESOLU que le directeur general soit charge de presenter un rapport au conseil decrivant les etapes concernees pour permettre le stationnement des deux cotes de la rue King Est au cours des mois ne faisant pas partie de I'hiver dans les quadrilateres designes dans le rapport soumis intitule M/C 2011 — 281 : Stationnement le long de la rue King Est. En reponse a une question, T. O'Reilly indique craindre des incoherences dans I'application de 1'arrete sur la circulation. II ajoute qu'en changeant les exigences relatives a la rue King Est, cela peut occasionner d'autres demandes de changements. A Tissue du vote, la proposition est adoptee. 17 96 -487 COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 7, 2011/LE 7 NOVEMBRE 2011 13. Committee Reports 13.1 Saint John Board of Police Commissioners: August 2011 Financial Results On motion of Councillor Titus Seconded by Councillor Sullivan RESOLVED that the submitted report from the Saint John Board of Police Commissioners entitled August 2011 Financial Results be received for information. Question being taken, the motion was carried. 13. Rapports deposes par les comites 13.1 Bureau des commissaires de la police de Saint John : Bilan financier interimaire de 2011 Proposition du conseiller Titus Appuyee par le conseiller Sullivan RESOLU que le rapport soumis du Bureau des commissaires de la police de Saint John intitule Bilan financier interimaire de 2011 soit requ a titre informatif. A Tissue du vote, la proposition est adoptee. 13.2 Committee of the Whole: Recommended Appointments to Committees On motion of Councillor Sullivan Seconded by Councillor Snook RESOLVED that as recommended by the Committee of the Whole, having me on October 24, 2011, Council makes the following appointments to committees: Enterprise Saint John: to re- appoint Anita Punamiya and Dr. Robert MacKinnon each for a three year term from October 24th, 2011 to October 24th, 2014. Saint John Pension Board of Trustees: to re- appoint Pat Woods for a three year term from December 1St, 2011 to December 1St, 2014. Trade & Convention Centre Oversight Committee: to re- appoint Greg Yeomans and Peter Gaulton each for a three year term from October 24th, 2011 to October 24, 2014. Heritage Development Board: to re- appoint Leona Laracy for a three year term from October 28th, 2011 to October 28th, 2014. Saint John Community Arts Board: to appoint Peter Asimakos, Peter Magee and Heather White- Brittain each for a three year term from October 24th, 2011 to October 24th, 2014. PRO Kids: to appoint Patrick Beamish, Glen Jackson and Eric Savoie each for a two year term from January 1St, 2012 to December 31St, 2014. Leisure Services Advisory Board: to appoint Ann McShane for a three year term from October 24th, 2011 to October 24th, 2014. voting nay. Question being taken, the motion was carried with Councillor Higgins in 96 -488 COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 7, 2011/LE 7 NOVEMBRE 2011 13.2 Comite plenier : Recommandations denominations pour sieger aux comites Proposition du conseiller Sullivan Appuyee par le conseiller Snook RESOLU que, comme le recommande le comite plenier, qui m'a regu le 24 octobre 2011, le conseil approuve les nominations suivantes pour sieger aux comites : Enterprise Saint John : Renouvellement de la nomination d'Anita Punamiya et du Dr Robert MacKinnon pour un mandat de trois ans chacun allant du 24 octobre 2011 jusqu'au 24 octobre 2014. Conseil d'administration de la Commission du regime de retraite de la Ville de Saint John : Renouvellement de la nomination de Pat Woods pour un mandat de trois ans allant du 1 e decembre 2011 jusqu'au 1 e decembre 2014. Comite de surveillance du centre des congres : Renouvellement de la nomination de Greg Yeomans et de Peter Gaulton pour un mandat de trois ans chacun allant du 24 octobre 2011 jusqu'au 24 octobre 2014. Conseil d'amenagement du patrimoine : Renouvellement de la nomination de Leona Laracy pour un mandat de trois ans allant du 28 octobre 2011 jusqu'au 28 octobre 2014. Conseil d'administration des arts de la communaute de Saint John Renouvellement de la nomination de Peter Asimakos, de Peter Magee et de Heather White- Brittain pour un mandat de trois ans chacun allant du 24 octobre 2011 jusqu'au 24 octobre 2014. PRO Kids : Renouvellement de la nomination de Patrick Beamish, de Glen Jackson et d'Eric Savoie pour un mandat de deux ans chacun allant du 1erjanvier 2012 jusqu'au 31 decembre 2014. Conseil consultatif des services des loisirs : Renouvellement de la nomination d'Ann McShane pour un mandat de trois ans allant du 24 octobre 2011 jusqu'au 24 octobre 2014. A ('issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. 11. Submissions by Council Members 11.1 Fairville Blvd Corridor Enhancement Plan (Councillor McGuire) On motion of Councillor Titus Seconded by Councillor Court RESOLVED item 11.1 Fairville Blvd Corridor Enhancement Plan (Councillor McGuire) be tabled until November 21, 2011. Question being taken, the motion was carried. 11. Interventions des membres du conseil 11.1 Plan d'amelioration du couloir du boulevard Fairville (conseiller McGuire) Proposition du conseiller Titus Appuyee par le conseiller Court RESOLU que le point 11.1 intitule Plan d'amelioration du couloir du boulevard Fairville (conseiller McGuire) soit reporte jusqu'au 21 novembre 2011. A ('issue du vote, la proposition est adoptee. 19 96 -489 COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 7, 2011/LE 7 NOVEMBRE 2011 11.2 Information Request Re 2012 Budget (Councillor Snook) The City Manager stated that the scope of the proposed motion is a large task. He suggested that he submit draft service based budget documents to Council outlining the various links between services and positions, noting that if certain positions require further explanation more specific information could be requested by Council at that time. On motion of Councillor Snook Seconded by Deputy Mayor Chase RESOLVED that the letter from Councillor Snook entitled Information Request Re: 2012 Budget be referred to the City Manager, the City Solicitor and the Common Clerk to provide the requested information during the 2012 budget deliberations. Question being taken, the motion was carried. 11.2 Demande de renseignements sur le budget 2012 (conseiller Snook) Le directeur general declare que 1'etendue de la proposition presentee constitue une Iourde tache. II propose de presenter au conseil un budget preliminaire axe sur les services qui decrit les divers liens entre les services et les postes. 11 fait remarquer que si certains postes requierent une explication plus detaillee, le conseil pourrait demander des renseignements plus precis des lors. Proposition du conseiller Snook Appuyee par le maire suppleant Chase RESOLU que la lettre regue du conseiller Snook relative a la demande d'information sur le budget de 2012 soit transmise au directeur general, a I'avocat municipal et a la greffiere communale afin de fournir les renseignements demandes au cours des deliberations budgetaires de 2012. A I'issue du vote, la proposition est adoptee. (Councillor Titus withdrew from the meeting) 11.3 Three - Tiered Emergency Response Model Information (Councillor Snook) On motion of Councillor Snook Seconded by Deputy Mayor Chase RESOLVED that the Three - Tiered Emergency Response Model Information be referred to the City Manager and 2012 budget deliberations. The Mayor stated that it would be imperative that Council receive a report outlining the impact such changes would have on a person's life expectancy during an emergency. Councillor Sullivan spoke against the motion stating that the potential savings would not be worth the risk. Councillor Higgins spoke against the motion noting that the current service model saves lives. Question being taken, the motion was defeated with the Mayor, and Councillors Higgins, Farren and Sullivan voting nay. (Le conseiller Titus quitte la seance.) 11.3 Renseignements sur le modele d'intervention d'urgence a trois niveaux (conseiller Snook) Proposition du conseiller Snook Appuyee par le maire suppleant Chase RESOLU que les renseignements sur le modele d'intervention d'urgence a trois niveaux soient transmis au directeur general et presentes au cours des deliberations budgetaires de 2012. Le maire declare qu'il serait imperieux que le conseil regoive un rapport expliquant les 20 96 -490 COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 7, 2011/LE 7 NOVEMBRE 2011 repercussions qu'auraient ces changements sur 1'esperance de vie d'une personne lors d'une urgence. Le conseiller Sullivan se prononce contre la proposition indiquant que les economies potentielles ne valaient pas le risque encouru. La conseillere Higgins se prononce contre la proposition en faisant remarquer que le modele de service actuel epargne des vies. A Tissue du vote, la proposition est rejetee. Le maire ainsi que les conseillers Higgins, Farren et Sullivan votent contre la proposition. 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 9:45 p.m. 16. Levee de la seance Le maire declare que la seance est levee a 21 h 45. Mayor / maire Common Clerk / greffiere communale 21 96 -491 COMMON COUNCIL / CONSEIL COMMUNAL NOVEMBER 14, 2011/LE 14 NOVEMBRE 2011 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — NOVEMBER 14, 2011 - 5:00 P.M. Present: Ivan Court, Mayor Deputy Mayor Chase and Councillors Court, Farren, Higgins, McGuire, Norton, Sullivan, and Titus - and - K. Forrest, Commissioner of Planning and Development/Acting City Manager; J. Hamilton, Deputy Commissioner of Planning and Development; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; K. Clifford, Acting Fire Chief; 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 14 NOVEMBRE 2011 A 17 H Sont presents : Ivan Court, maire le maire suppleant Chase et les conseillers Court, Farren, Higgins, McGuire, Norton, Sullivan et Titus -et - K. Forrest, commissaire au service Urbanisme et developpement /directeur general par interim; J. Hamilton, commissaire adjointe au service Urbanisme et developpement; J. Nugent, avocat municipal; G. Yeomans, commissaire aux finances et tresorier; K. Clifford, chef du service d'incendie par interim; E. Gormley, greffiere communale, et J. Taylor, greffier communal adjoint. 1. Call To Order — Prayer Mayor Court called the meeting to order and Councillor Titus offered the opening prayer. 1. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire Court et le conseiller Titus recite la priere d'ouverture. 2. Approval of Minutes 2. Approbation du proces- verbal 3. Approval of Agenda On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that the agenda of this meeting be approved with the addition of item 5.3 Change in Contract for Performance Management Software. Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que I'ordre du jour de la presente reunion soit adopte, moyennant I'ajout du point 5.3 Changement du contrat de logiciel de gestion du rendement. A Tissue du vote, la proposition est adoptee. 22 96 -492 COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 14, 2011/LE 14 NOVEMBRE 2011 4. Disclosures of Conflict of Interest Councillor Norton declared a conflict of interest with item 13.1 Committee of the Whole: Minutes of Settlement with Applied Pressure Inc. 4. Divulgations de conflits d'interets Le conseiller Norton declare etre en conflit d'interets avec le point 13.1 Comite plenier Proces- verbal du reglement conclu avec Applied Pressure Inc. 5. Consent Agenda 5.1 That the letter from the Saint John West Business Association Inc. letter regarding the Lancaster Santa Claus Parade be referred to the Saint John Police Commission. 5.2 That the letter from the Saint John Transit Commission regarding the expeditious appointment of three (3) commissioners be referred to the Nominating Committee. 5.3 That Common Council authorize the Mayor and Common Clerk to execute the agreement between the City and Taleo Canada, Inc. respecting performance appraisal software in the attached form. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. Question being taken, the motion was carried. 5. Questions soumises a I'approbation du Conseil 5.1 Que la lettre de Saint John West Business Association Inc. concernant le Defile du Pere Noel sur I'avenue Lancaster soit transmise au Bureau des commissaires de la police de Saint John. 5.2 Que la lettre de la Commission des transports de Saint John relative a la nomination rapide de trois (3) commissionnaires soit transmise au Comite des candidatures. 5.3 Que le conseil communal autorise le maire et la greffiere communale a signer 1'entente entre la Ville et Taleo Canada, Inc. concernant le logiciel devaluation du rendement et qui se trouve dans le formulaire ci- joint. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que la recommendation formulee pour chacune des questions soumises a I'approbation du conseil soit adoptee. A I'issue du vote, la proposition est adoptee. 3.1 (a) Proposed Municipal Plan 3.1(b) Planning Advisory Committee Report 3.1(c) Letters of Support and Opposition J. Hamilton advised that Council received a report from Planning staff recommending that the proposed new municipal plan be referred to the Planning Advisory Committee for review and that a public hearing date be scheduled with Council on December 12, 2011 to consider the proposed new municipal plan. Referring to the submitted report and materials, Ms. Hamilton advised that approximately 30 letters have been received from the public during the 30 day public presentation period, noting that the majority were supportive of the plan. She highlighted the contents of the submitted staff report and she responded to questions from Council members. 23 96 -493 COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 14, 2011/LE 14 NOVEMBRE 2011 On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that Common Council: 1. Give notice of its intention to consider the adoption of the Municipal Plan at a Public Hearing to be scheduled for December 12th at 5:30 p.m. and December 14th at 5:30 p.m. if required to continue the Public Hearing; 2. Refer the proposed Municipal Plan to the Planning Advisory Committee for a report and recommendation; 3. Refer any submissions received during the Public Presentation period to staff for a report and recommendation following the Public Hearing on the Municipal Plan; 4. Endorse the recommended work plan for the Zoning By -law review and initiate discussions with the Province to request a one year extension from the Minister of Environment to complete the process within the timeframes prescribed by the Community Planning Act. Question being taken, the motion was carried. 3.1 a) Projet de plan d'amenagement 3.1b) Rapport du Comite consultatif d'urbanisme 3.1c) Lettres d'appui et d'opposition J. Hamilton indique que le Conseil a reru un rapport du personnel d'urbanisme recommandant que le nouveau projet de plan d'amenagement soit transmis au Comite consultatif d'urbanisme aux fins d'examen et qu'une date d'audience publique avec le Conseil soit fixee au 12 decembre 2011 afin d'examiner le nouveau projet de plan d'amenagement. Faisant reference au rapport et aux documents soumis, Mme Hamilton precise qu'environ 30 lettres ont ete regues de la part du public pendant la presentation publique d'une periode de 30 jours, soulignant que la majorite d'entre elles appuie le plan. Elle presente le contenu du rapport du personnel soumis et repond aux questions des membres du Conseil. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le conseil communal: 1. indique son intention d'adopter le plan d'amenagement au cours d'une audience publique qui sera tenue le 12 decembre a 17 h 30 et le 14 decembre a 17 h 30, au besoin, afin de poursuivre I'audience publique; 2. soumette le projet de plan d'amenagement au Comite consultatif d'urbanisme aux fins de presentation d'un rapport et d'une recommandation; 3. transmette au personnel toutes les soumissions regues au cours de la presentation publique aux fins de preparation d'un rapport et d'une recommandation a la suite de I'audience publique portant sur le plan d'amenagement; 4. appuie le plan de travail recommande pour 1'examen de I'Arrete de zonage et entame des discussions avec la province pour deposer une demande de prolongation d'un an aupres du ministre de I'Environnement en vue d'achever le procede dans les delais prescrits par la Loi sur I'urbanisme. A Tissue du vote, la proposition est adoptee. 8. Delegations /Presentations 8.1 C.E Nicolle Community Centre — ONE Change Proposal Scott Crawford, President of ONE Change; Greg Norton, Principal of Lorne Middle School; and John Knight, Pastor at Main Street Baptist Church appeared before Council and provided an update on the C.E Nicolle Community Centre. 24 96 -494 COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 14, 2011/LE 14 NOVEMBRE 2011 Referring to a submitted presentation and report, Mr. Crawford advised that ONE Change is proposing to enter into an agreement with the City of Saint John whereby ONE Change would manage and operate the C.E Nicolle Community Centre. Mr. Crawford outlined the details of the proposal and he responded to questions from Council members. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the proposal from ONE Change, as outlined in the submitted report entitled C.E Nicolle Community Centre Management & Operations ONE Change Proposal, be referred to the 2012 budget deliberations and to the City Manager for a report and recommendation. Question being taken, the motion was carried. 8. Delegations et presentations 8.1 Centre communautaire C.E Nicolle — proposition de ONE Change Inc. Scott Crawford, president de ONE Change; Greg Norton, directeur de 1'ecole intermediaire secondaire Lorne; et John Knight, pasteur de I'Eglise baptiste de la rue Main, se presentent devant le Conseil et offrent une mise a jour relative au Centre communautaire C.E. Nicolle. Faisant reference a une presentation et a un rapport anterieurs, M. Crawford indique que ONE Change propose de signer une entente avec The City of Saint John selon laquelle ONE Change assurerait et gererait le Centre communautaire C.E Nicolle. Crawford presente les details de la proposition et repond aux questions des membres du Conseil. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que la proposition de ONE Change, telle qu'elle est decrite clans le rapport soumis intitule Gestion et fonctionnement du Centre communautaire C.E Nicolle et proposition de ONE Change, soit transmise aux deliberations budgetaires de 2012 et au directeur general aux fins de preparation d'un rapport et d'une recommandation. A Tissue du vote, la proposition est adoptee. 6. Members Comments 6. Commentaires presentes par les membres 7. Proclamation 7. Proclamation 9. Public Hearings 9. Audiences publiques 10. Consideration of By -laws 10. Etude des arretes municipaux 11. Submissions by Council Members 11. Interventions des membres du conseil 12. Business Matters- Municipal Officers 25 96 -495 COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 14, 2011/LE 14 NOVEMBRE 2011 12. Affaires municipales evoquees par les fonctionnaires municipaux 13. Committee Reports 13.1 Committee of the Whole: Minutes of Settlement with Applied Pressure Inc. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the City enter into the Minutes of Settlement with Applied Pressure Inc. in connection with the expropriation from the latter of a portion of its lands located on Kennedy Street in the City of Saint John, a copy of which Minutes are attached to the correspondence dated the 10th day of November, 2011 from the Committee of the Whole to Common Council, and that the Mayor and Common Clerk be authorized to execute the aforesaid Minutes. Question being taken, the motion was carried. 13. Rapports deposes par les comites 13.1 Comite plenier : Proces- verbal du reglement conclu avec Applied Pressure Inc. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que la Ville conclue un proces- verbal du reglement avec Applied Pressure Inc. relativement a 1'expropriation de cette derniere d'une parcelle de son terrain situe rue Kennedy a The City of Saint John, un exemplaire du proces- verbal est joint a une correspondence du Comite plenier a I'attention du Conseil municipal, datee du 10 novembre 2011, et que le maire et la greffiere communale soient autorises a signer ledit proces- verbal. A I'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 6:00 p.m. 16. Levee de la seance Le maire declare que la seance est levee a 18 h. Mayor / maire Common Clerk / greffiere communale 26 City Hall 15 Market Square November 17, 2011 His Worship Ivan Court and Members of Common Council Your Worship and Councilors: P.O. Box 1971 Saint John New Brunswick Canada E2L 4L1 RE: Saint John Theatre Company Overview: City of Saint John The Saint John Theatre Company is contemplating some exciting initiatives in the near future that have the potential to significantly benefit our community. The Theatre Company, through its Executive Director, Stephen Tobias, would like the opportunity to brief Council, in Committee of the Whole, on these initiatives, There is no request for funding from the City in relation to these initiatives at this time. Motion: That the Common Clerk schedule an appropriate date and time for Council, sitting as Committee of the Whole, to hear a brief presentation from the Theatre Company prior to the end of 2011. Yours very truly, (Received via Email) Mel K. Norton Councillor Saint John City Council 27 City Hall 15 Market Square November 17, 2011 His Worship Ivan Court and Members of Common Council Your Worship and Councilors RE: Josselyn Road Context: P.O. Box 1971 Saint John New Brunswick Canada E2L 4L1 Ilrl�j; City of Saint John Councillor Mott was considering bringing a motion regarding concerns raised by residents in the Josselyn Road area. It is uncertain as to whether Councillor Mott will be in a position to return and bring the within requested motion. Overview: Previously Council approved connecting Josselyn Road with a property being developed by the Knight's of Columbus. Some residents have expressed that this connection will endanger the residents of Josselyn Road (despite a staff report addressing those concerns). Motion: That the City Manager direct the appropriate staff members to report on whether an interim connection to Josselyn Road, such as a biking and walking path, would be more appropriate than the proposed road until such time as Josselyn Road can be upgraded to include sidewalks and associated infrastructure. Yours very truly, (Received via Email) Mel Norton Councillor Saint John City Council W City Hall P.O. Box 1971 15 Market Square Saint John New Brunswick Canada E2L 4L1 November 17, 2011 His Worship Ivan Court and Members of Common Council Your Worship and Councilors: RE: Symphony New Brunswick Overview Ql City of Saint John Symphony New Brunswick has been headquartered in Saint John since approximately 1950. Its mission is to make a significant contribution to the cultural richness and economic prosperity our community by promoting symphonic music through live performance and educational programs. Symphony New Brunswick strives to bring a high level of live classical music to all. Motion: That the City Manager through the Office of the Common Clerk schedule an appropriate date and time for Council to hear a brief (approximately 15 minutes) presentation from the Symphony New Brunswick in open session prior to the approval of the budget for 2012. Yours very truly, (Received via Email) Mel K. Norton Councillor Saint John City Council 29 REPORT TO COMMON COUNCIL November 16, 2011 M &C 2011 - 289 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: WINTER STREET PARKING RESTRICTIONS PURPOSE The City of Saint John The purpose of this report is to update Council of regarding the Winter Street Parking Restrictions, the Contingency Plan for an Overnight Parking Ban in the South Central Peninsula and as an update to a Council motion to investigate more flexible overnight on- street parking in the Uptown area. BACKGROUND At its October 24, 2011 meeting, Common Council resolved by way of submission by Councillor Norton "that Council refer to the City Manager, for review and provision of a brief report from the appropriate staff person, as to what, if any, amendments are possible so as to allow for greater or more flexible overnight on- street parking in the Uptown area ". This report updates Council with the results of staff's review. M &C 2011 -08 outlined an Amendment that prohibited overnight parking on most City streets from November 15 to April 15 and that Council considered and adopted a further Amendment that shortened the dates when the overnight parking restriction would apply from December 1 to March 31. This change assists in achieving snow clearing service objectives adopted by Council within an updated Winter Management Plan for Streets and Sidewalks. The change also followed a period of public consultation, including 5 meetings by staff in the 4 City wards. In response to a previous Council request, staff submitted M &C 2010 -25 that outlined the criteria used to evaluate requests to consider exemptions to this overnight parking restriction. In addition to engineering judgment, the City's Traffic Engineer completes a site visit to identify if off - street parking is available at the property in question or land is available to convert to off - street parking, if near -by business or institutional properties have excess parking available to share, if near -by street blocks are already exempt for the SAINTJOHN ... A LIVEABLE WINTER CITY 30 Winter Streets Parking Restrictions November 16`h, 2011 Report to Common Council, M & C 2011 - 289 Page 2 Restriction, and if near -by residential properties have a similar capacity issue suggesting a systemic problem. Space for one vehicle per residential unit at a property (i.e. three spaces for a 3 -unit building) is generally considered sufficient parking demand. ANALYSIS There is a significant amount of background to Winter Street Parking Restrictions since 2009. The increased level of requests, to staff, from citizens and Council for second evaluations and an increased inventory of exempted streets and sidewalks is leading to increased inefficiencies in Municipal Operation's ability to provide quality and cost effective service. Since October 2009, the Traffic Engineer has completed 25 second evaluation requests. These requests involve Site visits (usually overnight), discussions and a polling, in one case, with affected residents, an evaluation process including establishing off and on street parking demand and supply, and report writing and presenting are involved. 11 additional streets were exempted and 3 removed in Amendments to the Traffic By -law. In some situations (Champlain Street and Lancaster Street), public input to staff resulted in the `shifting' of streets for exemptions based on a better solution for that neighbourhood. Staff continues to receive requests from citizens and Councillors to complete second evaluations for streets or neighbourhoods that have already had a second evaluation completed (Douglas Avenue & Lancaster Street). This practice severely undermines the integrity of the Winter Management Plan for Streets and Sidewalks adopted as policy by Common Council. Each added evaluation diverts limited resources from focusing on ensuring winter maintenance operations are as efficient as possible. Minimizing the number of streets exempted from the Winter Street Parking Restrictions is important to achieve quality and cost effective service to the community through execution of the deliverables outlined within the Winter Management Plan for Streets and Sidewalks. Systemic changes to on- street parking in the South Central Peninsula occurred after a comprehensive study was completed in 2003 and an update completed in 2009 which included community consultation. 77% of street blocks are currently exempt from the Winter Street Parking Restrictions mostly in residential areas. Persons utilizing the Uptown business and entertainments areas have many parking options available at nearby parking garages and Saint John Parking Commission lots. There are many transportation options (Saint John Transit, taxis, designated driver, etc.) that people can use to be able to enjoy these areas rather than parking on Uptown streets during the Winter Street Parking Restrictions period. Leadership on managing Winter Street Parking Restrictions This winter season, the Halifax Regional Municipality is piloting a new approach to their Winter Parking Ban in the South Central portion of their downtown area. This approach SAINT JOHN ... A LIVEABLE WINTER CITY 31 Winter Streets Parking Restrictions November 16`h, 2011 Report to Common Council, M & C 2011 - 289 Page 3 mirrors the City of Saint John Contingency Plan for An Overnight Parking Ban in the South Central Peninsula. While many communities take an unwavering position by not allowing any parking on their city streets in the winter, Saint John is a leader when it comes to managing winter on- street parking and citizen expectations through a direct consultation process and a policy that has been approved by Council. Saint John has a successful model that is being adopted or used as context by other communities such as Halifax to provide their own balance between meeting the service requirements and citizen expectations. It has been determined that the entire length of Waring Street is too narrow to permit any on- street parking even on alternate sides and is recommended to be removed from Schedule `H' and `R' of the Traffic By -law. It has been discovered that the street running between Lancaster Street and City Line is actually call Suffolk Street and not Sutton Street; the street was broken when Digby Ferry Road was constructed but the two broken sections kept the same name. Therefore, changes to Schedule `H' and `R' of the Traffic By -law will be required to reflect this. RECOMMENDATIONS It is recommended that Common Council: 1. Consider the integrity of the City of Saint John Contingency Plan For An Overnight Parking Ban and not allow more flexible overnight on- street parking in the Uptown area. 2. Consider the integrity of the Winter Management Plan for Streets and Sidewalks and to minimize second evaluation requests and the subsequent endorsement of additional exempted streets to Schedule `R' of the Traffic By -law. 3. Amend the Traffic By -law as follows and request the City Solicitor place it in the proper form and translate: a) Delete Waring Street with Limits Entire from Schedule R (too narrow to permit any on- street parking, even alternate sides) b) Delete Waring Street with Limits Cunard Street to Dead End from Schedule H (too narrow to permit any on- street parking, even alternate sides) c) Delete Lancaster Street with Limits Sutton Street to Clarence Street from Schedule R d) Delete Lancaster Street with Limits Sutton Street to Clarence Street from Schedule H SAINT JOHN ... A LIVEABLE WINTER CITY 32 Winter Streets Parking Restrictions November 16`h, 2011 Report to Common Council, M & C 2011 - 289 Page 4 e) Add Lancaster Street with Limits Suffolk Street to Clarence Street to Schedule R f) Add Lancaster Street with Limits Suffolk Street to Clarence Street to Schedule H Respectfully submitted J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA City Manager SAINT JOHN ... A LIVEABLE WINTER CITY 33 REPORT TO COMMON COUNCIL M &C2011 -295 November 16`h, 2011 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council, SUBJECT: SAFE, CLEAN DRINKING WATER - PROGRESS REPORT #4 INTRODUCTION The City of Saint Tohn Achieving the assurance of safe, clean drinking water will be an historic accomplishment for the people of Saint John. Safe clean drinking water, consistently and reliably delivered to the people and economy of our community, involves much more than a large outlay of dollars and a very large infrastructure construction program. It must also mean having a thorough understanding of: People are utterly dependent on water [a] the vital nature of "public water" to basic for their lives ..., for their livelihoods, human needs; [b] increasingly stringent their food, and, increasingly, their regulatory standards; [c] the matter of paying industry. Humans can live for a month for the service; [d] the huge monetary value of without food, but will die in less than a utility infrastructure assets; [e] the economics week without water. Humans consume of water and its significance to the wellbeing of water, discard it, poison it, waste it, and society, [f] the importance of the water service restlessly change the hydrological cycles, to the region's industry, and [g] requirements indifferent to the consequences. for the effective governance and management ... Water, Marq de Villiers, Stoddart Publishing of the business and operations of a public Co. Limited, Toronto, I999, p15 water utility. The decisions before Council and the community on this most essential of services will be of great consequence. PURPOSE OF REPORT This progress report will touch on four topics: • Value of Public Water System Assets (Utility Inventory 2010) • Engagement of Expert Advisor (Professional Engineering Services) • Environmental Impact Assessment (EIA) - Drinking Water Treatment Facility • Discussion on Program Delivery Alternatives ��,Is- 34 �ohn lyd� ,. Q_) SAINT JOHN SAFE, CLEAN DRINKING WATER - PROGRESS REPORT #4 REPORT TO COMMON COUNCIL, M & C 2011 - 295 VALUE OF PUBLIC WATER SYSTEM ASSETS PAGE 2 NOVEMBER 16 -, 2011 Quality of life in a community and the vitality of its economy depend very much on reliable, well maintained and efficient infrastructure systems through which essential municipal services are provided. Unfortunately, these tangible capital assets are too often taken for granted and, in some jurisdictions, do not receive the attention and investment required for long -term sustainability. When this happens, systems breakdown, services are compromised and costs rise steeply. In 2007, the Federation of Canadian Municipalities (FCM) estimated the cost of the municipal infrastructure deficit across Canada at $123 billion.' Four years later, this "debt" is likely much higher. Saint John has made major advances in its municipal infrastructure and this is no more notable than in its water and wastewater utility. In addition to very significant improvement programs, ratepayers of the utility are investing annually in infrastructure renewal - on a "pay as you go" basis in every annual operating budget. This proactive investment policy positions the community well for its future. The public should also understand the monetary worth of their utility assets: more than $1 billion overall in 2010. Water System 1% 4°/a 0% 5Y 3 %� 2% 3°1a 1 4% 32% Water Assets Replacement costs of water infrastructure alone was estimated in 2010 at just over $600 million (60% of current utility assets). Table 1 itemizes quantities of various infrastructure types and replacement costs for each of those. Additionally, there is the value of utility lands owned for watershed protection. 'Danger Ahead: The Coming Collapse of Canada's Municipal Infrastructure, Saeed Mirza, PhD., Ing., A Report for the Federation of Canadian Municipalities, November 2007 35 i Water Transmission Mains Water Distribution Mains $700,000,000 ia water System _ Fire Hydrants $600,000,000 -Wastewater Pressure Reducing Valves $500,000,000 System -Water System Valves $400,000,000 Water Storage Reservoirs $300,000,000 Water Pump Stations $200,000,000 - Dams `Earth & Concrete) Wells $100,000,000 Water Treatment Facilities $a Total Water System Assets Water Assets Replacement costs of water infrastructure alone was estimated in 2010 at just over $600 million (60% of current utility assets). Table 1 itemizes quantities of various infrastructure types and replacement costs for each of those. Additionally, there is the value of utility lands owned for watershed protection. 'Danger Ahead: The Coming Collapse of Canada's Municipal Infrastructure, Saeed Mirza, PhD., Ing., A Report for the Federation of Canadian Municipalities, November 2007 35 SAFE, CLEAN DRINKING WATER - PROGRESS REPORT #4 REPORT TO COMMON COUNCIL, M & C 2011 - 295 SAINT JOHN PAGE 3 NOVEMBER 16 -, 2011 TABLE 1: WATER SYSTEM ASSETS Infrastructure Type Quantity Replacement Cost Water Transmission Mains 117.5 km $192,542,492 Water Distribution Mains 392.1 km $278,212,368 Fire Hydrants 2080 $16,011,902 Pressure Reducing Valves 26 $5,354,578 Water System Valves 6575 $28,333,090 Water Storage Reservoirs 7 $24,191,048 Water Pump Stations 11 $22,887,091 Dams (Earth and Concrete) 14 $19,054,067 Wells 2 $826,828 Water Disinfection (Treatment) Facilities 2 $14,149,178 Total $601,562,641 Wastewater Assets Replacement cost of existing wastewater infrastructure was estimated at about $400 million in 2010. New facilities yet to come on line, such as the Eastern Wastewater Treatment Facility and various lift stations, are yet not included. TCA Initiative The Tangible Capital Assets initiative, being led by Finance, is critically important. Based on Public Sector Accounting Board (PSAB) standards, it will change fundamentally how Council and its administration understand the value of infrastructure assets and, further, how those assets need to be managed and cared for over time. ENGAGEMENT OF EXPERT ADVISOR William J. Hargrave, Ph.D., P. Eng., is a leading and highly respected Canadian drinking water expert. With over 40 years of experience across the country, his long association with the City of Saint John has been very beneficial for the community. He provided invaluable knowledge and guidance to our Action Plan for Safe, Clean Drinking Water and has been an important contributor to the value engineering review, and preparation of the overall Safe Clean Drinking Water Program and its associated Program Structuring and Implementation Plans. He has also worked with Saint John Water, the Saint John Fire Department, and the Fire Underwriters' representative to fully analyze the water storage needs of the community. As earlier indicated, Dr. Hargrave effectively represents the interests of the City and has a genuine commitment to our community. It is proposed that the previously accepted proposal for his professional services be updated for 2012, with an option to renew in future years, as required. 36 � SAFE, CLEAN DRINKING WATER - PROGRESS REPORT #4 PAGE 4 REPORT TO COMMON COUNCIL, M & C 2011- 295 NOVEMBER 16' ", 2011 SAINT JOHN EIA - DRINKING WATER TREATMENT FACILITY The City of Saint John is planning to construct its new drinking water treatment facility in the area south of the Little River Reservoir. Gq,&p Grove ` 00 yr' i 1�]r ti— J r ''�j •Q I �rnnnd X. ~J Y r-•' s:• 'Lke 1Stbf --, A e Qom'- Greeriwaod } f (j SAINTJOli'v Lak • iV ood ° AIRPORT LsUnw ' •� .rte �.-t rm.,�.ti+ ti, i � � - 'till. _. J 4. STUDY AREA Construction of the new treatment facility is the cornerstone project of the Safe Clean Drinking Water Program. The 100,000 m3 /day facility, to be designed generally in accordance with the Preliminary Design Report prepared by R.V. Anderson Associates, and related site works, include a treatment building, parking lots, access roads, culverts, pipelines, high lift pumping stations, drying bed, finished water storage reservoir(s) and waste treatment ponds with outfalls to Little River. There will be large transmission mains connecting the facility to existing and new water transmission mains in the area. The New Brunswick Department of Environment (NBEnv) has determined that development of this drinking water facility would require an environmental assessment (EA) under the Provincial Environmental Impact Assessment (EIA) Regulation 87 -83 under the Clean Environment Act. As a result of a public call for proposals, the City of Saint John retained Dillon Consulting Limited (Dillon) on May 4`h, 2011 to provide environmental assessment and approvals services for the treatment facility project. 37 SAFE, CLEAN DRINKING WATER - PROGRESS REPORT #4 REPORT TO COMMON COUNCIL, M & C 2011 - 295 SAINT JOHN Regulatory Framework PAGE 5 NOVEMBER 16 -, 2011 The NB Clean Environment Act provides the statutory basis for EIAs in the province. Regulation 87 -83, under the Act, is the New Brunswick Environmental Impact Assessment Regulation. Under Section 5(1) of the EIA Regulation, individuals, private firms or government agencies proposing certain undertakings or projects must register details of the project with the Department of Environment prior to commencing construction. The Canadian Environmental Assessment Act (CEAA) is the legal basis for the federal environmental assessment process. It outlines responsibilities and the methodology for environmental assessments of proposed projects which involve federal government departments or decision making. The project has triggered a federal EA under Section 5 of CEAA. The triggers include: requirement to obtain authorization under Section 35(2) of the Fisheries Act for the harmful alteration, disruption, or destruction (HADD) of habitat within fish bearing watercourses, and the potential commitment of funding to help construct the project by Infrastructure Canada (INFC). Transport Canada will likely be asked to issue an approval under the Navigable Waters Protection Act for the construction of the water transmission pipeline through Little River. Federal authorities with an interest in the Drinking Water Treatment Facility project could likely include the Department of Fisheries and Oceans Canada (DFO), the Canadian Environmental Assessment Agency (CEAA), Infrastructure Canada (INFC), Transport Canada, Environment Canada and Health Canada. Project activities will be conducted in accordance with applicable federal and provincial acts and regulations, which may include: • New Brunswick Clean Environment Act; • New Brunswick Clean Water Act; • New Brunswick Fish and Wildlife Act; • New Brunswick Endangered Species Act; • New Brunswick Forest Fires Act; • New Brunswick Petroleum Storage and Handling Regulation; • Species at Risk Act (SARA); • Migratory Birds Convention Act (MBCA); • Canadian Environmental Protection Act (CEPA); • Canada Water Act; and • Canada Wildlife Act. 9N SAFE, CLEAN DRINKING WATER - PROGRESS REPORT #4 REPORT TO COMMON COUNCIL, M & C 2011 - 295 SAINT JOHN PAGE 6 NOVEMBER 16 -, 2011 Construction of the Drinking Water Treatment Facility must also adhere to the most recent versions of DFO Guidelines and the relevant NBEnv guidelines and specifications. Environmental Assessment Methodology2 and Submission This EA meets the requirements of the New Brunswick EIA Regulation 87 -83 and Section 16(1) of the Canadian Environmental Assessment Act. The report submitted by Dillon on behalf of the City of Saint John seeks to: • Consider the potential for positive and negative changes on the environment; • Outline mitigation and impact management measures; • Assess residual and cumulative environmental effects; and • Identify compliance and effects monitoring needs associated with the WTP. The approach focuses on issues directly relevant to a water treatment plant construction and operation in general and the proposed project in particular. Consistent with standard EA practices, the assessment includes a number of components: • Description of project; • Scoping of issues; • Identification of valued environmental components (VECs); • Establishment of boundaries (spatial and temporal); • Description of the existing environment; • Assessment of environmental effects; • Proposed mitigation measures, prediction of residual effects; • Prediction of cumulative effects; and • Proposed compliance, effects monitoring, and follow -up programs. An extensive draft report on the environmental assessment for the drinking water treatment facility has been submitted to NBEnv on behalf of the City of Saint John. Feedback on that submission is expected very soon. Complete copies of the EIA document can be reviewed at the NBEnv Region 4 office at 8 Castle Street, Saint John. The EIA process is expected to be finalized early in 2012. Public Meetings There have been consultations with the public; with public information sessions on June 22 "d (Lakewood Heights School), September 28`h (Simonds High School) and, most recently, on November 16`h (Simonds High School). z Environmental Assessment Saint John Drinking Water Treatment Facility Little River Reservoir, Saint John, New Brunswick (Draft), September 2011, City of Saint John, 11 -4979, Dillon Consulting Limited 39 Q_) SAINT JOHN SAFE, CLEAN DRINKING WATER - PROGRESS REPORT #4 REPORT TO COMMON COUNCIL, M & C 2011 - 295 DISCUSSION ON PROGRAM DELIVERY ALTERNATIVES PAGE 7 NOVEMBER 16 -, 2011 The method selected to provide modern water treatment for Saint John needs to reflect what is in the overall best interest of stakeholders - ratepayers of the utility and the public generally. It will be important for Council to be fully informed and knowledgeable of the alternatives and to ensure a balanced and thorough evaluation of those. THE PUBLIC - PRIVATE SPECTRUM Public Private Ownership Ownership Organization Outsourcing of Project Contract Private Asset Development Services Delivery Operations Financing Transfer Every infrastructure project of major significance undertaken by the City involves some level of partnership between the public (City on behalf of citizens/ ratepayers) and the private sectors. Upon identifying the service need, the City plans for, finances and owns the facilities /systems involved; while private sector engineering consultants typically design the works and the contracting industry constructs those works on behalf of the City. The positive economic impact of municipal investment in infrastructure is very significant for the region, generating many direct and indirect jobs for local workers. Consideration of the public - private model to be followed should ensure a balanced, well informed decision - making process - designed to identify, understand, evaluate, and compare options that would be of benefit to utility customers. The approach should be structured to evaluate possible outcomes and the risks associated with decisions. A 7- step decision process developed by the American Water Works Association Research Foundation is illustrated below.' It was outlined for the previous Council back in 2008. ��ik2h�lcl,r lmi�l�iarn�n� 3 Balanced Evaluation of Public /Private Partnerships (P3s), a project of the AWWA Research Foundation, in collaboration with CH2M HILL, May 1999 ,I .N Q_) SAINT JOHN SAFE, CLEAN DRINKING WATER - PROGRESS REPORT #4 REPORT TO COMMON COUNCIL, M & C 2011 - 295 PAGE H NOVEMBER 16 -, 2011 Step 1 Understand the business environment and the factors driving the municipality to evaluate public - private partnership options. Key objectives are to establish a common understanding of the considerations influencing decision - making and education of policy- makers about the need for a balanced decision process. Step 2 Raise awareness of available options. Before conducting an unbiased evaluation of alternatives, decision - makers need to understand those alternatives - what structures are available, what might be appropriate in light of this utility's drivers, and what issues should be considered relative to the alternatives. Step 3 Public involvement is critical to successful implementation of any decision. Stakeholders to the outcome of the evaluation should be identified; an understanding of their priorities and perceptions developed; and a strategy defined to appropriately involve those stakeholders in any P3 evaluation. Step 4 Define the basis for evaluation of alternatives; critical for establishing a level playing field, with limits and ground rules confirmed by stakeholders. Any biases need to be made explicit, and the measures for evaluation of alternatives defined. This requires a great deal of self - evaluation and intensive stakeholder involvement. Step 5 Define the decision scenario (alternatives or packages of alternatives to be evaluated), identify the evaluation techniques to be used (based on research relevant to water utility decisions), and conduct a comparative (legal, financial, and operational) evaluation of alternatives (involving stakeholders and decision - makers). Step 6 A decision on delivery is the objective. It takes a great deal of organizational energy to undertake such a major evaluation, and sometimes the process can develop a momentum of its own. This step brings the process to closure with formulation of a recommendation, endorsement by Council, and communication of the decision. Step 7 If Council decides to pursue a P3 alternative, it must be prepared to implement and effectively monitor that contractual arrangement. It is important to understand and anticipate the tasks that should be part of the implementation; with a detailed implementation plan and the needed professional support. A successful decision process will have four key attributes :4 1. Follows a logical path; 2. Integrates the different stakeholders into the process; 3. Considers risks and uncertainties; and 4. Exposes biases 4 Balanced Evaluation of Public /Private Partnerships (P3s), a project of the AWWA Research Foundation, in collaboration with CH2M HILL, May 1999 (brochure) 41 Q_) SAINT JOHN SAFE, CLEAN DRINKING WATER - PROGRESS REPORT #4 REPORT TO COMMON COUNCIL, M & C 2011 - 295 PAGE 9 NOVEMBER 16 -, 2011 In the end, the decision must be sound from service, financial, and sustainability perspectives, be well documented, and be fully communicated to the Saint john public. Value Engineering (VE) Recommendations - 2009 A joint team of Robinson, Stafford & Rude (RSRI) and NCE Value Engineers (NCE) was engaged by the City in January 2009 to undertake a value engineering (VE) review of the water treatment and system improvement program being considered for the assurance of safe, clean drinking water. This systematic, function -based evaluation sought to enhance overall performance and help achieve best value for the investments being made. The review had been envisioned in the Action Plan for Safe, Clean Drinking Water. All critical aspects of the overall program were subjected to analysis; water treatment requirements, capacity and location of treatment facilities, needed pipeline upgrades, project delivery options, risk considerations and detailed technical issues. The VE process sought well informed, innovative and practical solutions that would satisfy performance expectations and offer lower program life cycle costs. Three multi - disciplinary teams of North American experts in their disciplines, working with staff and preliminary design consultants, applied formal value engineering methodology in three phases of review. ■ Workshop #1 System -Wide / Major Issues: looked at the "big picture ", as well as a range of strategic questions; including capacity and location(s) of treatment facilities, separate potable and industrial systems East, essential transmission and water storage upgrades, and east -west interconnection. • Workshop #2 Program Delivery Strategy: focused on program delivery; assessing alternative ownership and project delivery options, including risks associated with the different approaches. • Workshop #3 Detailed Technical Review, Treatment and Infrastructure: an analysis of the improvement program's technical considerations. Stakeholder input was sought in advance and there was consultation with elected officials prior to VE #2. This consultation was designed to understand the various perspectives of elected officials, the benefits they sought from alternative program delivery, criteria important in ultimately making the decision, and specific alternative delivery options to be evaluated. The VE Team synthesized 18 program delivery options and developed a list of eight (8) potentially viable options for Saint john. Through the initial phases of consideration, the team selected four (4) alternatives that would best serve the interests of Saint john. An objective weighted matrix evaluation was then undertaken and a risk assessment conducted for those final shortlisted options: 42 Q_) SAINT JOHN • CF -3 ■ CF -4 ■ CF -7 ■ AF -3 SAFE, CLEAN DRINKING WATER - PROGRESS REPORT #4 REPORT TO COMMON COUNCIL, M & C 2011 - 295 Design -Build Plant, City Operate Design - Build- Operate Plant, Design -Build Remainder Optimized Traditional Design- Bid -Build PAGE 10 NOVEMBER 16 -,2011 Design - Build- Finance - Maintain Plan, Design- Bid -Build Remainder People making the decision (Council) determined what the evaluation criteria should be and the relative importance of each (weighting). The 11 elected officials were asked to weigh their preferences with respect to the seven consolidated performance criteria identified. Each member of Council, working individually, was required to distribute 100 weighting points against the criteria. The aggregate weight was determined by summing up the total assigned weights and normalizing these to a base -100 scale. Council members' weightings of evaluation criteria are shown in Table 2. Table 2: Council Weighting of Evaluation Criteria Evaluation Criteria Total Points - 1100 Weight (Norm) - 100 Ease of implementation 48 4 Speed of implementation 53 5 Dependability of water quality 366 33 Rate impact 208 19 Public acceptance/ support 118 11 City control 187 17 Risk of failure 120 11 The VE Team experts separately determined the performance of options against those criteria (rating) to determine relative scores. WEIGHTING X RATING = WEIGHTED SCORE From this review process, it was determined that the preferred program delivery strategy to be recommended by the Value Engineering Team of experts was an "optimized traditional design - build -bid (D /B /B)" approach. 43 Q_) SAINT JOHN SAFE, CLEAN DRINKING WATER - PROGRESS REPORT #4 REPORT TO COMMON COUNCIL, M & C 2011 - 295 PAGE 11 NOVEMBER 16 -,2011 Table 3 summarizes the ranking of the shortlisted program delivery options. Table 3: Delivery Recommendation Option Shortlisted Alternative Weighted Score Rank CF -3 Design -Build Plant, City Operate 66 2 CF -4 Design - Build- Operate Plant, Design Build Remainder 63 3 CF -7 Optimized Traditional Design- Bid -Build 80 1 AF -3 Design - Build- Finance - Maintain Plant, Design- Bid -Build Remainder 62 4 The preferred Optimized Traditional Design- Bid -Build alternative would use the traditional D -B -B approach for improvements at the reservoirs, the treatment plant, pipelines, storage, and pumping stations. Leak detection and correction would be accomplished through a combination of slightly increased staffing, plus contracting to specialty firms to augment resources in the short -term. The strategy would also include development of an expanded program management team, a strong value engineering program, and optimized operations of the treatment plant, based on a business model similar to that used by DBO contractors. Union contracts would be renegotiated to be in alignment with the business model, with incentives for efficient plant operations. Treatment plant contractors would be pre - qualified, and major treatment plant equipment and pipe pre - purchased by the City. The qualitative risk assessment conducted during the workshop confirmed that strategy CF -7 appeared to also have the lowest total risk. The Value Engineering team of experts recommended the following: "... that the City move forward using an optimized traditional design- bid -build approach (CF -7), provided that traditional public financing can be obtained for the program. If the needed funding cannot be obtained, then the City should give further consideration to AF -3 in association with an optimized traditional design - bid -build approach (CF -7) to determine if alternative financing will benefit the City." The VE Team made five further recommendations: ■ Finalize the value engineering process and define the final projects to be constructed in the City's water system improvement program; .. Q_) SAINT JOHN SAFE, CLEAN DRINKING WATER - PROGRESS REPORT #4 REPORT TO COMMON COUNCIL, M & C 2011 - 295 PAGE 12 NOVEMBER 16 -, 2011 ■ Finalize the planning documents for the new treatment facilities and the collection and distribution system improvements; ■ Formalize a decision about the strategy to be used to implement the program; • Begin steps to create an expanded program management team to manage the implementation of the water system improvement program, including a value engineering component; and • Step up efforts to obtain supplemental funding from the federal and provincial governments. RECOMMENDATIONS It is recommended that Common Council: 1. Recognize the substantial monetary value of the City's water infrastructure and continue its proactive policy of an ongoing renewal program for these assets; 2. Notwithstanding the City's procurement policy for professional services, authorize the engagement of Hargrave & Company in 2012 to provide professional engineering services related to the Safe Clean Drinking Water Program (to an annual maximum of $150,000), with an option to renew the Agreement for Professional Engineering Services in future years, and authorize the Mayor and the Common Clerk to execute the appropriate documentation; 3. Be prepared to receive the final results of the environmental impact assessment (EIA) process early in 2012; 4. Establish a balanced, well informed decision - making process for consideration of the public - private model to be used in delivering the Safe Clean Drinking Water Program - designed to identify, understand, evaluate, and compare options that would benefit utility customers (system users and ratepayers); appropriately staffed and structured to evaluate the possible outcomes and the risks associated with decisions; and 5. Be mindful of the 2009 Value Engineering recommendations. Respectfully submitted, J.M. Paul Groody, P. Eng. Commissioner, For Saint John Water 45 J. Patrick Woods, CGA City Manager REPORT TO COMMON COUNCIL November 18, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: [O l The City of Saint John SUBJECT: Safe Clean Drinking Water Affordability Analysis Background: On November 7th, 2011Common Council adopted the following resolution: "RESOLVED that as recommended by the City Manager, that Common Council: 1. Endorse the Program Structuring and Implementation Plan Version 2, as outlined in this report, at an estimated cost of $164,480,000 for delivering the highest priority elements of the program to assure safe, clean drinking water; 2. Refer this report to the Commissioner of Finance for an affordability analysis of the PS &I Plan Version 2 and financial recommendations; 3. Subject to the advice of the Commissioner of Finance, adopt the 4 -year schedule (2012 to 2015) for the Safe Clean Drinking Water Program (Highest Priority Elements) as the preferred implementation scenario; 4. Be prepared to consider recommendations on the resource requirements for direction and oversight of Safe Clean Drinking Water Program implementation; 5. Authorize adjustment of the preliminary submission to PPP Canada, approved by Council on July 4th, 2011, to reflect the scope and estimate changes outlined herein, and submission of updated documentation to PPP Canada. 6. In recognition of the vital importance of proceeding with implementation of the Safe Clean Drinking Water Program in a timely and complete manner, continue efforts to secure the essential cost sharing agreements with the Province of New Brunswick and the Government of Canada for equal shares of funding — approximately $54,827,000 from each funding partner — over four years from 2012 to 2015. M Report to Common Council Page 2 November 18, 2011 SUBJECT: Safe Clean Drinking Water Affordability Analysis Recommendation 2 referred the report to the Commissioner of Finance for an affordability analysis of the PS &I Plan Version 2 and financial recommendations. The Webster's Ninth New Collegiate Dictionary defines the word afford as follows: 1 a: to manage to bear without serious detriment (you can't afford to neglect your health) b: to be able to bear the cost of (he can't afford to be out of work long) (afford a new cost) 2 : to make available, give forth, or provide naturally or inevitably (the sun affords warmth to the earth). In order to prepare an affordability analysis staff would like to have a discussion with Common Council to gain an understanding of what Common Council would consider the definition of affordability to be. We would like to request a meeting of Common Council to discuss the affordability issue and for Council to provide direction as to their interpretation of the term affordability. Recommendation: That Common Council schedule a time to have a discussion with staff to provide their interpretation of the term affordability in order for staff to perform the affordability analysis approved at the meeting of November 7th 2011. Respectfully subm Gregory!4.,N omans, CGA, MBA CommiWoffer of Finance 47 City Hall 15 Market Square December 5th 2011 Mayor Ivan Court and Members of Common Council City of Saint John Your Worship and Councillors: P,d, Box 1971 Saint John New Brunswick Canada E2L 4L1 Subject: Proposed 2012 Common Council Schedule I City of Saint John Attached please find the proposed 2012 Common Council Schedule for your review and approval. Sincerely, A - 1"�IK Jonathan Taylor Assistant Common Clerk .• PROPOSED COMMON COUNCIL MEETING SCHEDULE 2012 January 3, 2012 (Tuesday) REGULAR MEETING January 9, 2012 If required January 16, 2012 REGULAR MEETING January 23, 2012 If required January 30, 2012 REGULAR MEETING with PUBLIC HEARING February 6, 2012 If required February 13, 2012 REGULAR MEETING February 20, 2012 If required February 27, 2012 REGULAR MEETING with PUBLIC HEARING March 5, 2012 If required March 12, 2012 REGULAR MEETING March 19, 2012 If required March 26, 2012 REGULAR MEETING with PUBLIC HEARING April 2, 2012 If required April 10, 2012 (Tuesday) REGULAR MEETING April 16, 2012 If required April 23, 2012 REGULAR MEETING with PUBLIC HEARING April 30, 2012 If required May 7, 2012 REGULAR MEETING with PUBLIC HEARING May 14, 2012 Municipal Election - No Meeting May 22, 2012 No Meeting May 28, 2012 Council Swearing in June 4, 2012 REGULAR MEETING with PUBLIC HEARING June 11, 2012 If required June 18, 2012 REGULAR MEETING June 25, 2012 If required July 3, 2012 (Tuesday) REGULAR MEETING with PUBLIC HEARING July 9, 2012 If required July 16, 2012 REGULAR MEETING July 23, 2012 If required July 30, 2012 REGULAR MEETING with PUBLIC HEARING August 7, 2012 (Tuesday) If required August 13, 2012 REGULAR MEETING August 20, 2012 If required August 27, 2012 REGULAR MEETING with PUBLIC HEARING September 4, 2012 (Tuesday) If required September 10, 2012 REGULAR MEETING September 17, 2012 If required September 24, 2012 REGULAR MEETING with PUBLIC HEARING October 1, 2012 If required October 9, 2012 (Tuesday) REGULAR MEETING October 15, 2012 If required October 22, 2012 REGULAR MEETING with PUBLIC HEARING October 29, 2012 If required November 5, 2012 REGULAR MEETING November 13, 2012 (Tuesday) If required November 19, 2012 REGULAR MEETING November 26, 2012 If required December 3, 2012 REGULAR MEETING with PUBLIC HEARING December 10, 2012 If required December 17, 2012 REGULAR MEETING with PUBLIC HEARING December 24, 2012 If required January 2, 2013 (Wednesday) REGULAR MEETING .. DR_ _ MEMORIAL FOUNDATION "it shouldn't hurt to be s child" December 1, 2011' His Worship Mayor Ivan Court and Members of Common Council PO Box 1971 Saint John NB E21_41_1 Attention: Elizabeth Gormley, Common Clerk The Dr. David Stephen Memorial Foundation invites a member from Common Council to participate on the Board of Directors of the Foundation for a two -year term beginning January 2012. The Foundation was established in memory of Dr. David Stephen who lost his life in an automobile accident February 14th, 1990, at the age of thirty -five, while travelling to St. Stephen to testify at a child abuse trial. Dr. Stephen had been recognized as an expert in the field of child abuse and was instrumental in developing an Interdisciplinary Committee on Child Abuse for the Greater Saint John area. He was posthumously awarded the Order of Merit by the Medical Society for his many contributions to the community, his patients, and the medical profession. A Foundation was established in 1993, to recognize these contributions and to promote educational opportunities in the field of child abuse prevention. The Foundation supports educational seminars targeted at health care professionals including physicians, nurses, and social workers; educators, including teachers and guidance counsellors; law enforcement officers, the general public, and any agency working with our children with respect to child abuse and the legal process. Supported activities include: • A Coordinated Response to Victims of Sexual Abuse. • Workshops and Conference relating to Sex Offenders in the community and "online ". • A bilingual brochure on Child Abuse Prevention "Child Abuse: Recognize It, Report It, Prevent It ". • The Ermine Cohen New Brunswick Adoption Foundation Legacy Fund. Your consideration of this request is appreciated. Respectfully, A e f, (911") (�oysruo�l Chair, Dr. David Stephen Memorial Foundation t1 (506) 693 -3691 "It shouldn't hurt to be a child." Dr. David Stephen M0orial Foundation 2 Anoka Lane • Rothesay NB • E2E 3155 November 30, 2011 Mayor Court and Members of Common Council City Hall 15 Market Square Saint John, NB E2L 4L 1 Dear Mayor and Councillors: The Board of Commissioners of the Saint John Free Public Library would like to update you on the events, programs and services being offered at the three locations of the public library. A brief slide show, with some video clips, has been prepared to showcase our facilities, to illustrate the range of library activities and to let you hear comments from library users. A total of 15 to 20 minutes would allow us to give you some library use statistics, update you on our finances and answer any questions you might have. Thanks for considering this request to present to Council. Sincerely yours, Suzanne Ball, Chair Board of Commissioners all CANADA'S FIRST FREE PUBLIC LIBRARY - ESTABLISHED IN 188 1 LA PRE 'E fE BIBLIOTHEQUE PUBLIQUE GRATUITE AU CANADA - FONDEE EN 1883 1 MARKET SQUARE, SAINT JOHN, NB E2L4Z6 T:506- 643 -7220 .506- 643 -7225 SJFPL @GNB.CA WWW.SAINTJOHNLIBRARY.CA 352 Pelton Road Saint John, New Brunswick E21- 5Hi November 29, 2011 Mayor and Council c/o Common Clerk City of Saint John Dear Members of Council, The City of Saint John has legislation in place to designate areas as Heritage Conservation areas that include buildings, historic sites, and open spaces. Attached is a letter of request from interested members of the public. These are persons who are regular park users, one has written a thesis on Rockwood Park, one teaches history and cultural courses at UNBSJ, one was hired to write a Master Plan for Rockwood Park in 1988, two are business operators in the city, two are former Recreation and Parks retirees and five have served on the Heritage Board as chair and /or member. Also attached is a CD which gives a historical, cultural record of Rockwood Park, includes some historic photos, includes some personal memories recorded for the 225 celebration and has highlighted relevant parts from Plan SJ. If it is Council's wish, we could make a presentation in open session that could elaborate on the reasons for the request for designation. Yours sincerely, Jo n Pearce, 52 November 2011 Common Council City of Saint John PO Box 1971 Saint John, N.B. E2L 41_1 Dear Members of Council: 352 Pelton Road Saint John, N.B. E2K 5H7 We ask that you begin the process of designating Rockwood Park as a Cultural Landscape under the Heritage Conservation Areas By -Law (By -Law # HC - 1). We congratulate Common Council for your wise decision at the August 15'h third reading of both the Municipal Plan Amendment and the Zoning By -Law Amendment for Sandy Point Road. We are concerned, however, that future Common Councils may not appreciate the value of Rockwood Park as much as you have. We feel there is a great need to provide long -term protection for all of Rockwood Park. There are precedents for such long -term protection: King's Square, Queen Square, the Old Burying Ground and King Square West have heritage designations. These urban parks with rich cultural significance are respected and treasured by Saint Johners. They provide peaceful green spaces in the midst of a busy city which has a heavy industrial presence. Rockwood Park has the additional distinction of being a largely RURAL park set in the middle of the city. Such an extensive forested largely undeveloped area is quite unique in our increasingly urbanized world. Rockwood Park has provided peace and solitude to generations of Saint John residents and is featured prominently in literature about our city. It is indeed a major part of the recreational and cultural heritage of our city. Protection of this park as a rural landscape is in keeping with the original intent of those who established the park in the 1890's. An amendment to the Municipal Heritage Conservation Act in 2008 enables Common. Council to designate Rockwood Park as the first Cultural Landscape in Saint John. We hope that Common Council, the Heritage Development Board, Leisure Services, and the public will work together to have Rockwood Park protected as a Cultural Landscape and therefore preserve this beautiful and historically significant place for generations to come. We have provided additional information for your review. We ask that you forward our request to the Heritage Development Board for their review and consideration. Thank you. Yours s Z2 Harrold E. ig PO Bo 3 Sain n, N.B. E2L 4R7 53 r David Goss 21 Glenwood Dr Saint John, N.B. E2M 5P3 Re: Rockwood Park Cultural Landsca e Joan Pearce 352 Pelton Road Saint John, N.B. E2K 5H7 159 L tiel h-e- �o.inf E ZA y s ack-110 e- J5 YC lot d— C 1,2 c, /It- C A I -2- Terry nn 190 King Street East Saint John, N.B. E2L 1 H 1 u N is S i ( 4? ,S �" J"'e vI�0' sill Ni3 1 A/ / . , --� L,-- -)` !- (OVO 21 le-- -,-7 Sp , "J7 -j o tW , 4 g ZX /pl 54 _3_. Re: Rockwood Park Cultural Landscape IPM C�' 'VU Pe 3�'3 Ca n1pbe 1) 9 i3renrw6? j Ch.bcenl 34f) It L!SI �J q LER7L TN/RP �5 .41Aj r Ceti) n. 5r�E'-t-r t-2 �K 3 )LI Persons who have signed this letter: have written a thesis on Rockwood Park, are park users,amateur historians, professors of history and culture, former chairs and /or members of the Preservation Review Board (Heritage Board), former city employees Recreation and Parks, and business operators in the city. 55 Rockwood Park A Human Heritage Contents: 1. Preliminary timeline history of Rockwood Park's human heritage. 2. Photographs: a. Whetzel ice harvesting, 1890s b. Tourist House 1890s c. Long Lake cabin, 1910 d. Long Lake rafting, 1910 e. Howes Cave exploration, 1910 f. Tourism promotion, 1913 g, Zoo bear pit 1915 h. Zoo deer enclosure, 1919 i. Drinking fountain, 1919 j. Riding Academy, 1930s k. Swimming, 1940s I. Swimming, pavilion, 1960s m. Rockwood Park Plan, 1899 n. Rockwood Park Plan, 1912 o. Rockwood Park Plan, 1940s 3. Rockwood Park Memories. 56 5/ Sample of Rockwood Park History Timeline : -: Harold E. Wright, May 1987, revised 2006 City residents were swimming in Lily Lake before this date Charles Hanford drowned in Lily Lake Gilbert's grist mill established near the Lily Lake water outfall North America's first public water supply established from Lily Lake Sliding at Lily Lake began before this date Howe's Cave discovered Cornelious Sparrow and Robert Whetsel, escaped slaves from the USA, began a prosperous ice cutting business at Lily Lake 1830 1830 1834 1838 1839 1843 1854 1854 1850s Howe's Lake named for John Howe, Saint John Postmaster General, who built a house at the lake before this date. He was the nephew of the Hon. Joseph Howe, N.S. Premier and member of Sir J.A. MacDonald's cabinet. Graphite was mined near Lily Lake Lily Lake used for "ice games" T.W. Daniel built his home 'Rockwood' Earliest proposal for a park around Lily Lake James I. Fellow's Highland Park development planned Lily Lake promoted as a tourist attraction Lily Lake Tourist House opened 1856 1863 1865 1874 1874 1876 1877 Summer sports held at Lily Lake 1878 Lily Lake Tourist House destroyed by fire 1881 City considered developing either Lily Lake or Fort Howe as a municipal park 1882 A.H. Dobell's N.B. Institution for the Deaf and Dumb established at Howe's Lake 1883 Lily Lake used for rowing activities by this date 1884 Public Gardens established 1890 Common Council again petitioned to create a park at Lily Lake 1890 A.H. Dobell's N.B. Institution for the Deaf and Dumb closed 1894 Saint John Horticultural Association formed 1894 Saint John Horticultural Association purchased T.W. Daniel's 20 acre property named "Rockwood" 1894 Curling at Lily Lake before this date 1895 Rockwood Park established 1896 Horticultural Association had 237 acres under control and 50 acres under arbitration 1898 Rowing events held at Lily Lake 1898 Rockwood Park's moose sent to Boston for exhibit 1899 Rockwood Park promoted in City's tourism literature 1899 Rockwood Park designed by Downing Vaux 1899 Marsh Creek selected as site for golf course 1899 Tourist Tea House opened 1901 Isolation Hospital established at Howe's Lake 1902 William Doherty murdered at Rockwood Park 1903 Large area of Rockwood Park destroyed by fire 1903 Roads in park assigned names 1904 First Artificial Lake developed 1905 Tourist Log Cabin constructed 1906 Saint John Ice Company granted right to build ice conveyor at west end of Lily Lake 1907 First Rockwood Park pavilion opened 1907 Frank White's amusement park opened at Lily Lake 1908 Bus service established from uptown to the park 1908 Fishing rules adopted for Lily Lake 1910 Long Lake used by Church and Scout groups for outdoor adventure activities 1912 Fire destroyed first pavilion 1912 Playground opened by HRH Princess Patricia, the Duchess of Connaught 1913 Rockwood Park had its own baseball team 1913 Kris Pederson's greenhouse established on Sandy Point Road near Rockwood Park 1914 Highland Park incorporated into Rockwood Park which is now 500 aces by this date 1914 Zoo opened by this date 1916 Artificial (Fisher) Lakes stocked with trout 1919 Drinking fountain set up at Lily Lake by this date 1921 Rockwood Park opened to vehicles 5/ 1921 Rockwood Park Comfort Club unveiled Rockwood War Memorial in Horticultural Gardens Lily Lake Athletic Club formed Dominion Amateur Speedskating Championships held at Lily Lake Dominion Aquatic Competition of swimming and diving held at Lily Lake Nathanial Peacock's greenhouse established on Sandy Point Road 1921 1922 1922 1922 1923 International Speedskating Championships held at Lily Lake 1925 Rockwood Park featured in the Saint John tourism movie 'The City of Loyalists' 1925 NB Power transmission line through the park 1925 System of automobile roads planned for park World Speedskating Championships held at Lily Lake Second pavilion opened Police mount patrols using a motorcyle instead of a horse Rockwood Park Riding Academy began before this date Horticultural Association received further lands from the Drury Family including Frying Pan and Drury's Long Lakes City Council provided grant to Saint John Horticultural Association to keep park open 1926 1927 1930 1932 1936 1937 1939 Howe's Lake Military Hospital established 1943 New dam built at Lily Lake outfall 1944 Howe's Lake Military Hospital closed 1946 Fisher Lake dam broke 1946 Bathing House built at Lily Lake 1952 Deer reintroduced at park zoo 1955 Rockwood Park zoo still in operation 1956 Third pavilion built by the Saint John Horticultural and the Saint John Fish & Game Associations 1957 City Council considered golf course at Howe's Lake 1957 Howe's Lake became site of municipal dump by this date 1958 + - Bear from the closed zoo is given to Moncton to start their own zoo 1960 + - Water Tower in park was to have a top revolving restaurant 1966 City's Centennial project - the redevelopment of Rockwood Park to include Children's Animal Farm and Ski Hill 1966 Golf course recommended for Marsh Creek by Ashburn Lake Road 1967 Queen Elizabeth, the Queen Mother, dedicated Centennial Plaque at Lily Lake 1969 Golf course began 1971 City of Saint John received the Vincent Massey award for Excellence in Urban Environment 1971 Golf course opened 1975 Horse stable burned, fourteen horses killed 1978 Cherry Brook Zoo opened 1978 Howe's Lake dump closed 1980 Aquatic Driving Range opened on Crescent Lake 1982 Fire destroyed Canteen building in trailer park 1982 American Water Works Association designated Lily Lake as a Canadian Water Landmark 1984 Ivan Court and partners opened the Super Slide water park 1985 Bumper Boat rides opened 1985 Hill Top Stables opened offering trail rides 1986 Ski Hill closed 1986 Fred Little opened his D. & F. Amusements mini -golf 1988 Rockwood Park Masterplan recommended Lily Lake Heritage Zone 1995 + - Trans Canada Trail begun in park 2000 Fresh Air trail developed 2006 Fourth pavilion opened as the W. F. Hatheway pavilion with an adjoining Labour Exhibit Centre 2009 First Pond Hockey tournament Some of the prominent persons /organizations associated with the park John Howe, postmaster James I. Fellows, druggist A.H. Dobell, deaf school Charles Drury, Loyalist Major General Sir Charles Drury Admiral Sir Charles C. Drury, Royal Navy bb G.R. Pugsley T.W. Daniels Kris Pederson, florist Peacock family, florist Saint John Fish & Game Association Premier J.D. Hazen Senator John V. Ellis William Hazen, pre - Loyalist Charles Gorman C. Sparrow & R. Whetsel, coloured Judge J.R. Armstrong Frank White Joseph Allison Tom Page Frank White 59 s ow_ W".Nl- Olt f rj", , a ryr 4c JN kv.. Ila r ROCKWOOD PARK, PUBLIC GARDENS AND OTHER PARKS. Rockwood Park, within a few minutes walk of the City, is one of the most charming natural parks on the con- tinent, and extensive improvements have been made dur- ing the last few years, and are still being carried on. The aim of the Directors is to make it the finest park in Eastern Canada. It occupies a broken and irregular plateau on the, north of the City, and covers an extent of about 500 acres, most of which consists of hills, glens and woodlands, the natural features of which strongly remind the traveller of the Highlands of Scotland; near the front of the park, embosomed in hills, is Lily Lake, a fine sheet of water, from the eastern corner of which a little stream descends by a succession of cascades to the plain below. There are fine large trout in the lake, and the fishing is free to all from the shores. A quarter of a mile back from Lily Lake is the first of a chain of five lakes which have been constructed during the past few years, the outflow from which into Lily Lake keeps the water of the latter"at a high level during the summer months, and are, in themselves, a great addition to the beauty of the park. A series of roads and paths, twelve to fifteen miles in length, wind in and out among the rocky glens and hills and lakes, now giving wide 24 65 views of the City and surrounding country, and the Bay of Fundy, and the hills and inlets of distant Nova Scotia, now winding amid quiet rocky defiles, bordered with native shrubs and trees. SOLDIERS' MONUMENT, RIVERVIEW PARK At the western end of the park are the Public Gardens . which have been artistically and gracefully laid out in lawns, flower beds, and paths, and will soon equal in beauty any in Eastern Canada. Seaside Park. —This park is situated at the Bay Shore, and passengers may transfer from the street cars at Suspension Bridge and connect with' cars for the Shore. 25 � -�Y. t" �r- lift. 'VI v IN Wag* * 4L e: *►. gy 5 Atli i :�.�. - x`'� ,.,,,i .b,� �C¢_;= ,vr°y�.'x*Rfifib ^'xt ±o: -a"� .. - - - . r �► �rft.+cky,a�:.�_ ss«. s _ �; }-.— T _ s 9 s 0 1p Nosy' /c, Bouillon co son e Lin -57.4 & WP. kir,4 S %son .Simonals RfA Mi%/ar- / : -- - - - -_- A; �; . , 1 0.. -- i - �o o� .3 0� {G 00 1p a �pn c`. L X• 0 Y ............ T--.i'n6u // Co. Dc Bury i 1 ` � 0 � I 0 o� W \-5XI v 0� 7 >\ n o 0 5 op�k� �G c \G�5 Qp I a 5 r h� Oe (f .e vslLL L. c� C- r u u SS v o �f / .16ti�5 G° 5 n � SF� °•Lv n 7 POW, F ~J � ,r A7�f- UVo o 6 �1 h F Ana 4 a LEG E.IVo Boundary of Town Plonniq Dis6i4 shown +bus: Boundaries of Proper )r56own6us: Exis+in¢ P oacls shown rhos : Proposed NewP-oads shown�kus: Coni'ours a� 100and Zoda6ove H.W. mark shown thus : - - - -- - -- - - - - - In +ermee iate Co4ours al 20 in6rvals 5kown +hus: - - - -- o pin" Y�a B P�Av\'l rl nb ciCinit� SCALE 10 Chakns +o on'inch. 74 These Rockwood Park memories were collected by the Friends of Rockwood Park during the Heritage Day 2011 event at Market Square, during Saint John's 225 - the original city- commemoration. The last two stories were posted to the Saint John 225 web site. Skating and the Zoo My mum and her sisters learned to skate at Lily Lake. I learned to skate at the Allison Grounds. When I was a child my dad used to take me to the bear pit at Rockwood Park to see the bear and later to see the fair at the Allison Grounds. I have pictures of my dad bathing a baby bear and when done my mum would take him for a walk. When I was in high school I would go down to the children's farm and recite my French lessons to Cindy the wolf. There were two buffalo named Doug and Muriel after my parents. Doug got out and was shot on the road leading to Fisher Lakes and Muriel was on her own. My dad, Douglas Fordham, was the caretaker of the Fisher Lakes Children's Farm from 1967 -1993 until his retirement. He loved his time at the Park. My mum Muriel and my aunt Jean used to walk the trails of Rockwood Park. During the summer my mum and aunt picked berries. I used to say there wasn't an edible berry that was safe from their view or their picking. My mum always said that the cranberries would get their first frost in her freezer. She wasn't waiting for nature to do its work. My parents nursed the baby animals who had lost or been rejected by their mum. Bonnie Fordham Saint John Memories - picnics with daughters on shore of Harrigan Lake - taking daughters to the zoo - skiing on trail from zoo to Fisher Lakes - taking an entire birthday party to the zoo - snowshoeing on the back trails - skiing on the golf course - taking an entire grade one class to the zoo - hiking all over - skiing in a loppet - walking with my friend and her little dog - meeting other friends there - skiing -well, you get the idea... Peggy Campbell Saint John 75 Childhood Memory Rockwood Park has a lovely barn. Tire helping the camunety. (They're helping the community. - ed.) Thats why I love Rockwood Park. ( written by a small child). Centennial Year Memories include going to the Park c. 1967, when some new facilities were added. It was a lot of fun to visit from West Side, to climb on the various structures, swim and look at the animals. In the winter, we used to skate on Lily Lake. Later, as an adult, took my family and dog for hikes. I was also involved in the "Visit Canada Visitez" trail system. Long Live Rockwood Park. Dr. Greg Marquis Saint John Christmas Vacation When I was a child growing up in Moncton, we spent Christmas vacation at my grandmother's, Minnie Peacock, who lived on a large property on Sandy Point Road which stretched from the Kennebecasis River to Sandy Point Road, across the road into what later became a part of Rockwood Park. (1940's - 1950's) Harrigan Lake was part of her property. If the freezing conditions for the lake were perfect - no snow, just frozen, wonderful, smooth ice, we spent many hours skating on the lake. After part of the property was sold to enlarge the park, my cousins and I, if the conditions were perfect, would skate there in adulthood, after I moved permanently to Saint John. Joan (Peacock) Pearce Saint John Saint John Stories Saint John 225 - the original city Rockwood Park and the Zoo Posted Saturday February 19, 2011 4:58 PM - Gretchen As related by Chez Worden, aged eight, to Gretchen Kelbaugh. I love Rockwood Park. I've been going since before I was seven. Rockwood Park has a lovely barn. They're helping the community. Sometimes they take in horses that are sick or injured. The barn is my favourite because of the horses. They have about 10 or 11. You can pat 76 them when they're in the field. You can ride them and feed them carrots when they come to the fence. I rode a white pony last summer. I liked it even though he dribbled on my shoe. They have a beach. I swam in Fisher Lake last summer and I was surprised that it's really cold in the water, which I find weird. I swim at the Aquatic Centre and it isn't that cold. I like the zoo, too. They advertise for different animals on tv. I like the otters at the zoo the best. I've been there about four times. go to St Luke's Church. Mom is a Sunday school teacher there. Memories of a pristine Rockwood Park Posted Tuesday January 25, 2011 1:00 PM - Parker By Harold E. Wright. In the 1960s my father, Doug, loved to go fishing at Drury's Long Lake in Rockwood Park. My memories of those many fishing expeditions still are precious to me. We lived at Howard Court off Sandy Point Road. Dad didn't drive, so to go fishing meant a long, long walk. Remember I was only 6 or 7 years old at the time and we had to carry all of our fishing gear. We walked Sandy Point, past Peacocks Flower shop, past the entrance to Howe's Cave, until we came to the road entrance to Dark Lake. Across from this road was the entrance into the Howe's Lake Dump, a place where Dad used to fish in the 1930s, and before that ice used to be harvested in the winter for the "ice box." We would walk down the Dark Lake Road until we came to the house where the dump manager lived. We continued down an old logging road until we got to the end of Dark Lake. We would stop here and Dad would put in his minnow net to catch the minnows that would soon become bait for the trout. Now I had to carry a pail of water with minnows over a winding, rough foot path into Long Lake. On crisp Saturday mornings (around 6:30 am) it was usually a pleasant hike; although, I admit that my mind was racing ahead to breakfast and lunch cooked over an open camp fire. Dad liked to fish at first light. I liked to sleep. However, this was an adventure with memories that have lasted me these many decades. Dad liked to alternate his bait between the minnows and the earth worms that I had to dig the previous week. These visits to Long Lake sometimes entailed carrying in a large inflatable rubber boat, 77 which Dad would use. He wasn't a swimmer and he never used a life jacket. I didn't like this boat at all. We normally set up day camp at the west end of the lake. I would stay here and fish and sometimes Dad would venture around the shoreline, looking for more fish. Sometimes we would overnight it at the lake. Dad's favourite spot was on the south side of the lake, right on the shore and underneath a large rock face. The ground sloped into the lake ... so part of the night was keeping oneself from sliding down into the water. Some trips became a family affair, with Mom and my sisters joining us, and usually many of us taking turns at catching some trout. Mom's job was to ensure we ate our packed sandwiches at the right time. Dad was in charge of the camp fire. He would pull out the large tin juice can, with a wire pushed through holes at the open top for a handle. This was filled with water for tea or beans and wieners, and then the can placed over the fire held in place by a stick. There is something to be said about beans and wieners cooked over an open fire! Oh yes, another piece of equipment we carried with us was the iron frying pan. It did not make sense to catch some trout and not eat a few of them with the beans and wieners. I can still see that black frying pan right now. I hated carrying it, but I did enjoy the fish fry. I've been to Drury's Long Lake several times over the past twenty -five years. I've tried fishing with my daughter but there wasn't a fish to catch. The lake and the wilderness experience are certainly not the same, and definitely not a place where I would want my kids to go camping or hiking. The city put a road around the entire lake, so it is no longer wilderness. On some summer days I've seen dozens of people walking by, which would be good if they weren't drinking or "smoking up." Then there were the ATVs, which I'm sure are not allowed in the park; but since there is nobody checking up on the place, who is going to stop them? Decades ago there used to be a Log Cabin used by churches for overnight swimming excursions to the lake. I was quite excited to receive a picture recently which shows Fred Myles, later with Eastern Bakeries on Douglas Ave., enjoying time with his church friends at the lake. Nostalgia is good. It gives us a sense of comfort and safety. It also allows us to share and make a collective community memory which shapes our culture. Executive Summary The Municipal Plan is a guide for development and investment in the City of Saint John ensuring decisions by the City over the course of the 25 year planning period of the Municipal Plan are made in the longterm best interests of the whole community. It represents a fundamental shift in the City of Saint John's (the City) future; one grounded in a more sustainable and compact pattern of growth for the City. It is a holistic plan which will shape how the City develops and delivers infrastructure and services to enrich the quality of life for its citizens. The City's new direction for growth and change, as described in the Municipal Plan, focuses on: • Increasing quality of life and the attractiveness of the City; • Targeting development to support a strengthened urban core and spur economic growth; • Creating more complete neighbourhoods and communities; • Providing land use and investment certainty to residents and businesses; • Providing land for development based on current projections for population and job growth; • Planning in a holistic manner to consider economic, social, cultural and environmental sustainability. The Municipal Plan provides a sound basis for decision making over the next 25 years and will be reviewed regularly to ensure policies address the identified goals and outcomes. 79 EXECUTIVE SUMMARY 1 Housing and Neighbourhoods Saint John is comprised of many district neighbourhoods with a wide variety of ages, styles, prices and quality of housing. The Municipal Plan encourages a more compact pattern of development with more housing clustered in core areas with good access to transit and community facilities, helping to create safe, desirable places to live within the serviced areas of the City. Housing policies in the Municipal Plan are intended to ensure an adequate supply of land is available for housing to facilitate the development of quality, diverse housing to meet the needs of the changing demographics of the community. Economic Prosperity Economic and investment decisions have a lasting impact on the community, and a strong, diverse economy is required for long -term economic sustainability. The Municipal Plan recognizes the need to support the historically strong base of heavy industrial operations that have been integral to the growth, development and identity of Saint John while also attracting new investment in the knowledge -based industries of innovation, information technology, and health. Natural Environment and Energy A healthy natural environment is integral to our well -being as it provides the elements we require for daily life - air, water, food and fuel. The way a City is designed, constructed, and used can have significant impacts on the local and global environments. The Municipal Plan recognizes the importance of a healthy natural environment to the well -being and quality of life of a community. Environment and Energy policies in the Municipal Plan are intended to ensure a more sustainable growth pattern, the protection of significant natural areas and ensure environmental sustainability is considered in all municipal decisions. Transportation and Mobility Transportation and land use are strongly interrelated. The City's transportation network strongly influences the pattern of growth, and the pattern of development strongly influences an individual's transportation choice (driving, transit, walking or cycling), as well as the quality of the transportation network that the City is able to provide. The Municipal Plan recognizes the need to increase population density and development in the Primary Development Area :1 to support a variety of transportation options. Transportation and Mobility policies in the Municipal Plan are intended to design streets, trails and transportation systems to meet the needs of all Saint Johners and support a shift towards more active transportation networks and efficient transit. Municipal Services and Infrastructure Directing new development to areas of the City with existing municipal services and infrastructure will result in increased efficiency and lower long -term costs for water and sewer treatment, emergency response, and other services. The Municipal Plan recognizes the importance of maintaining existing services to a good standard while managing the City's current infrastructure deficit. Municipal Services and Infrastructure policies in the Municipal Plan are intended to make efficient and cost - effective use of existing infrastructure. Community Facilities, Arts, Culture and Heritage Parks and community facilities contribute significantly to advancing community sustainability and enhancing quality of life. Good quality parks, natural spaces, recreation and community facilities help cultivate a strong sense of place, enhance social interaction and provide opportunities for exercise and enjoyment of nature. The Municipal Plan acknowledges the importance of community facilities in creating complete and healthy communities and the need to balance the quality of parks and community facilities with the number of facilities provided. A vibrant arts and cultural scene enhances the lives and interactions of community members and promotes economic development, tourism and community identity. Arts, culture and the City's built and natural heritage are shared community assets and should be fostered and celebrated through a variety of initiatives and activities. The Municipal Plan recognizes the importance of arts, culture and heritage to community identity, pride and sustainability. 4 CITY OF SAINT JOHN MUNICIPAL PLAN 1.1 Purpose of the Municipal Plan In late 2009 Council initiated the PlanSJ project, a two -year, intensive community- focused new direction for development and investment in the City, and is based on the aspirations of Saint Johners to grow the City in a more compact and sustainable manner. It is rooted in the City's many assets, placing a stronger emphasis on quality of life and the development of a more urban City in the future. This is a holistic Municipal Plan that integrates the principles of progressive urban planning with the unique needs and desires of Saint Johners. The Municipal Plan is not just about land use. It is about valuing the City's rich built and natural heritage; investing in its neighbourhoods to strengthen and reinvigorate the City; providing support for neighbourhood -level planning in key areas to ensure ongoing local input in the land use decision - making process; creating a balanced transportation network to make public transit and active transportation more viable and desirable mobility options; and 8 CITY OF SAINT JOHN MUNICIPAL PLAN 82 most importantly, the Municipal Plan is about ensuring the people who live in the City and those who will come in the future want to stay for the economic opportunities and the enviable quality of life the City provides. The Municipal Plan sets out the community's longterm vision and Council's policies to guide future land use and development within the City. In general, the policies contained in the Municipal Plan are used to guide: • Land use decisions regarding where and how development occurs; • Zoning Bylaw and Subdivision Bylaw updates to ensure implementation of Municipal Plan policy; • Environmental stewardship initiatives to reduce our ecological footprint; • The delivery of efficient municipal services; • Fiscal impact analysis for new or altered development applications; • Capital expenditures and other investment decisions by the City; • The creation of Strategic Plans and studies, as required, to ensure all City programs support and implement the Municipal Plan; and • The program for monitoring the Municipal Plan and for detailed neighbourhood planning. �2 _ 1� HI 6y, 8. Alternative transportation modes, including walking and cycling, are difficult in Saint John, and it is inefficient and expensive to provide convenient and frequent public transit service throughout the large and dispersed geographic region. People with disabilities or without a car have trouble gaining access to jobs, services and amenities without an integrated public transportation network. A dense, compact urban form will enable more efficient and frequent transit service and promote opportunities for active transportation for all of the City's residents. 9. A wide array of natural areas, parks, surface water bodies and expansive waterfronts offer many opportunities for the City to be a leader in environmental sustainability. Limiting development in natural and rural areas and increasing the development density of the City will decrease our impact on the ecosystem. Enhancing urban parks, watersheds and waterfront areas will improve quality of life and have a positive impact on the City's natural systems. iF \�Y-, k Wf dsd!� JXL? mfJKc 3`�'►� �k ""J S+rc�f for 1t�ncj � Pro 0trcx lioa perd om. p El CHAPTER ONE I INTRODUCTION 15 S. Saint John celebrates its many waterfronts and positions them as prominent and defining elements of the City. Saint John: • Embraces water as a central feature of the City's economy, natural environment and a key to the lifestyle and collective community experience of living in Saint John - magnificent tides, beaches, the Port, fishing, boating, marine ecology, natural beauty, views, recreational opportunities, and a priority on water quality; • Celebrates the historic significance of the waterfronts - as key trade and transportation routes and the primary reason for the City's location; and • Strengthens its waterfronts - the rivers, Bay of Fundy, and lakes - ecologically through preservation, publicly by creating and maintaining access for all, and economically by promoting waterfront development in appropriate locations. 6. Saint John values and protects its natural environment and ecosystems on land and in water. Saint John: • Builds the City in balance with nature by encouraging a more compact, sustainable growth pattern; • Actively stewards ecological systems through preservation, restoration and enhancement to increase biodiversity and to restore sensitive or diminished ecosystems; • Establishes linked natural areas that preserve ecological systems, connect between and across land and water, and connect people with nature; • Reduces the City's ecological footprint and strives toward greater long term environmental sustainability for future generations; • Promotes best practices in stormwater management, maintains fresh and coastal water quality, and promotes water conservation; CHAPTER ONE I INTRODUCTION 21 01 1.4.2 PlanSJ Vision for Growth and Change Looking forward over the 25 year planning period of the Municipal Plan, the PlanSJ Vision, as set out in the Growth Strategy, reflects the aspirations of community members to achieve a more urban focused City by prioritizing the transformation of key neighbourhoods through new investment, population and growth. Reinvigorating and enriching these urban places as more complete and healthy communities will renew and stabilize the urban core, improve the physical quality of the City, and broaden the experience and opportunities it provides. At the same time, the PlanSJ Vision anticipates targeted suburban and rural development recognizing the needs of a diverse and changing population. This pattern of growth supports the development of more compact, mixed -use communities at densities which allow people to live, work, learn, and play in more walkable, transit - oriented neighbourhoods. The PlanSJ Vision builds on the City's record as a leader in sustainability, protecting and identifying strategic improvements to cherished green spaces, natural assets and key recreational facilities. To this end, the PlanSJ Vision recognizes that social, economic, and environmental needs are interrelated and pursues an integrated `whole systems' approach to ensure that priorities and actions are well balanced. The PlanSJ Vision map (Map A) is a visual representation of the City that would be achieved by implementation of the PlanSJ Vision. The PlanSJ Vision map (Map A) illustrates the intensity of future developed areas of the City's urban structure, including: • Areas identified as stable neighbourhoods that are not intended to undergo significant change. • The potential for denser, more mixed -use development along major streets, and the potential for new or intensified urban centres. • Existing and future industrial and employment uses. • A system of enhanced parks, open spaces and natural areas, encouraging active and healthy lifestyles by promoting and sensitively integrating human use in parks, open space and natural areas, where appropriate. 24 P &nsJ CITY OF SAINT JOHN MUNICIPAL PLAN MM The PlanSJ Vision also acknowledges that the health of the City's natural environment is dependent on preserving and strengthening the health of diverse natural features and habitats. Protecting the natural environment includes identifying, preserving and enhancing important natural systems and ecosystem functions to protect them from development, recognizing that land in its undeveloped state provides significant environmental contributions. Diverse economies are strong economies and are defined by a broad range of employment opportunities, including a mix of traditional and emerging industries that require a variety of skill levels. The PlanSJ Vision for a strong economy and diverse places to work is based on creating more compact, well - located and better designed employment and retail clusters. The PlanSJ Vision identifies two major employment centres: one that strengthens the Uptown and supports its growth as the key office - retail - arts - entertainment- employment centre for the City and the wider region; and one that identifies UNBSJ and the Regional Hospital as an area for mixed -use residential and increased employment uses. Retail growth is envisioned in the McAllister Mall area to the east, on Fairville Boulevard to the west, in the Uptown to the south, and north along Somerset Street between Crescent Valley and Millidgeville. The PlanSJ Vision reinforces the value the City and community members place on its distinctive neighbourhoods, and guides them to become even stronger, high quality places through excellence in urban design. Some neighbourhoods will remain stable over the planning period, while others, located in Neighbourhood Intensification Areas, described in Chapter 2, will be supported to evolve in positive ways. This includes strengthening the range of quality housing choices and introducing an appropriate mix of land uses for residents to live, work, learn, and play. Ensuring these neighbourhoods are also easily accessed by a range of transportation modes, including walking, cycling and public transit is also a central element to accommodating change in the Neighbourhood Intensification Areas in the future. Improving housing choice, affordability and access to a wider range of transportation modes, particularly in the core areas of the City, will make living in any of the City's neighbourhoods accessible to everyone. The underlying goal of the PlanSJ Vision is to promote a compact development pattern, supporting transit, walking, cycling and other active forms of transportation that help to minimize carbon output and reduce dependence on private automobiles. Solutions for getting around the City need to be inclusive and accessible to people of all ages, income levels and to those with disabilities, and improve connections between neighbourhoods and destinations. Finally, the PlanSJ Vision also speaks to providing new and expanded connections and access points to public waterfront areas, parks and open spaces, trails, beaches, boardwalks and cycling routes by focusing on enhancing key public views to the water. CHAPTER ONE I INTRODUCTION 25 0 2.5 Lands Common to the Primary Development Area and the Rural Areas The Park and Natural Areas and the Federal Transportation categories apply to lands within the PDA and to the Rural Areas. Park and Natural Areas are currently in a primarily natural state or would benefit from re- naturalization and are not appropriate locations for development. Park and Natural Areas include wooded lands, lakeshores, rivers, coastlines, and important geology and habitat. Through specific policies in Chapters 3 and 7, such as the provision of wildlife corridors, protection of environmentally sensitive/ significant areas, and guidelines for watersheds, riparian, coastal and estuarine areas, the lands are intended to form a system of natural areas to conserve ecosystems. Federal Transportation lands are within the boundary of the City and are under the jurisdiction of the federal government. Inside the PDA, this Federal Transportation designation has been applied to the Port and in the rural areas this Federal Transportation designation has been applied to the Airport. The intended use for these lands differs: Saint John Airport (Airport) lands are under the ownership of the federal government and Airport operations are managed by the Saint John Airport Authority. The Airport lands are located in the Rural Area and, notwithstanding their federal regulation, the City encourages the development of airport related uses. Saint John Port Authority (Port) lands are under the ownership of the federal government and Port operations are managed by the Saint John Port Authority. Port lands are encouraged to develop for marine related uses. The Port lands located adjacent to the Uptown Waterfront are identified on the Future Land Use map (Schedule B) as being part of the Uptown Primary Centre. Despite the lands' federal ownership, the City supports future intensification of these lands consistent with community aspirations and the policies identified for the Uptown Primary Centre lands. CHAPTER TWO I CITY STRUCTURE 45 Park and Natural Areas Lands in the City designated Park and Natural Areas are generally not appropriate for any form of development, including resource uses. These lands are intended to form a system of natural areas to help conserve natural ecosystems and include lands designated as park, lands identified as being environmentally sensitive or significant, lands located adjacent to watercourses and lands within the City's protected watersheds, coastlines, and estuarine areas. Council shall: Policy LU -110 Create the Park and Natural Areas designation on the Future Land Use map (Schedule B). Council intends that the Park and Natural Areas designation will permit a range of conservation and appropriate recreational land uses permitted in the City's major regional and community parks, environmentally sensitive or significant areas, lands that are located adjacent to watercourses, lands adjacent to the City's coastlines, estuarine areas, significant archaeological and geological sites, historic sites, designated heritage places and cemeteries. Council may permit commercial recreation uses in the Park and Natural Areas designation subject to appropriate standards in the Zoning Bylaw. Policy LU -111 Provide further direction with respect to land use in the City's regional and community parks through the policies contained in Chapter 10 of the Municipal Plan. Policy LU -112 Regulate land use in and near environmentally sensitive or significant lands as well as lands adjacent to the City's watercourses and coastlines through appropriate regulation in the City's Zoning Bylaw, and is at a minimum consistent with Provincial standards. Policy LU -113 Acquire lands in the City's protected watersheds, when possible, and manage these lands such that their primary function is to ensure the provision of safe, clean drinking water. Federal Transportation The Federal Transportation designation recognizes lands on property owned by the Government of Canada used for federal work or undertaking of transportation and includes the Port and the Airport. In the case of the Airport, the lands are located in the Rural Area and the City supports airport related uses on these lands. The Future Land Use map (Schedule B) illustrates the City's preferred land use intentions for some of the Port lands slightly differently from those of the Airport, recognizing that a large portion of the Port lands are centrally located in the heart of the City's urban core. These portions of the Port lands, located within the Uptown's central waterfront area, have been placed in the Uptown Primary Centre designation, reflecting the City's preferred future use of these lands for mixed -use development. The Federal Transportation designation has been applied over the Uptown Primary Centre designation as an overlay to acknowledge that despite these intentions for the Port lands, the City recognizes it has limited land use authority on these properties. 96 -x'!Sj CITY OF SAINT JOHN MUNICIPAL PLAN 88 The natural environment provides the elements we require for life: air, water, food and fuel. Human wellbeing and economic and social activity depend on a healthy natural environment. Today, however, human activity is placing increasing pressure on the natural environment. As a result there is a need to better understand the relationship between community and the natural environment in order to protect and restore the ecosystem functions. The way the built environment is designed, constructed and used has significant impacts on local and global natural environments. Environmental protection is a shared responsibility and partnerships must be developed between individuals, the business community, all levels of government and other organizations and agencies to achieve true, lasting sustainability. The City's natural environment is a defining feature of the City. The Bay of Fundy, the St. John and Kennebecasis Rivers, our extensive coastlines, unique geology and vast forested areas contribute to make the City one of the most environmentally diverse areas in Atlantic Canada. Residents of the City expect that the Municipal Plan will address environmental issues such as air quality, water quality, and climate change as they significantly impact quality of life. One of the foundations of the Municipal Plan is a commitment to an integrated planning approach to promote a more sustainable future. Land use, the built environment, infrastructure, the natural environment, and financial considerations must be considered interdependent elements to create a sustainable City. Supporting the PlanSJ Vision and Directions, the Municipal Plan concentrates residential and employment growth in the Primary Development Area in order to maximize the use of existing services and preserve the natural environment. CHAPTER SEVEN I NATURAL ENVIRONMENT 149 Natural Environment & Energy Goals 0 Improve the quality of the natural environment by improving air quality, water quality, and protecting significant natural areas- 0 Promote the principles of progressive urban planning and environmental sustainability- Minimize local contributions of air pollution through the creation and enhancement of complete and compact communities throughout the City- 0 Protect the City's surface and groundwater resources, ensuring: accessible clean and safe drinking water. 0 ilti'ork with other levels of government and community partners to restore degraded natural environments- 0 Encourage local food) production through such means as community gardens and small -scale urban agriculture- 0 Continue reducing the City's energy usage and environmental footprint- 0 'litigate local contributions of greenhouse gases and plan to adapt to the potential impacts of climate change_ Approach ecological stewardship in a holistic manner in partnership with the community, non- profit agencies and other levels of government- 7.2 Environmental Sustainability The City aims to demonstrate leadership in sustainable development using land and infrastructure wisely to build a more compact City that allows more people to quickly and efficiently move around on foot, bicycle, and public transit. The Municipal Plan promotes the principles of progressive urban planning to support environmental sustainability and ultimately achieve a balanced relationship between the built environment and the natural environment. Enhanced environmental sustainability will be achieved, in part, by Municipal Plan policies contained in this Chapter and those related to the development of a more compact urban form and a more diverse transportation system. Council shall: Policy NE -1 Consider environmental sustainability and life -cycle costs in all municipal decisions. Policy NE -2 Support the continued implementation of the Integrated Community Sustainability Plan (2008), ensuring City practices reflect the sustainability principles in the Corporate Strategic Plan (2009). Policy NE -3 Support initiatives in the public, private, and non - profit sectors that result in `green' building design and site design, including standards from LEED, LEED -ND, and other similar certifications. CHAPTER SEVEN I NATURAL ENVIRONMENT 151 91 7.4 Water Quality Protection of the quantity and quality of the City's water resources and promoting water conservation are important community priorities. The City primarily relies on surface watersheds for its drinking water as well as private groundwater wells in rural areas. The provision of clean and safe drinking water is critically important to the future of the City. The City will work closely with other levels of government and with community partners to protect the quantity and quality of the City's drinking water supply. Council shall: Policy NE -8 Limit unserviced development to protect groundwater for existing well users and to promote more compact urban settlement. Policy NE -9 Enhance groundwater assessment requirements and septic suitability analysis for unserviced development in the City through appropriate provisions in the Subdivision Bylaw. Policy NE -10 Carefully control industrial development, petroleum storage and other uses that carry with them the potential to contaminate groundwater and surface water supplies. Policy NE -11 Protect environmentally sensitive areas, including watercourses and wetlands, riparian areas, and floodplains and appropriately restrict development near these features. 92 CHAPTER SEVEN I NATURAL ENVIRONMENT 153 7.5 Natural Areas & Land The Municipal Plan aims to protect and enhance natural areas in the City to aid and improve the functioning of ecosystems and maintain biodiversity. The City is very large geographically and hosts a diversity of natural landforms. To the maximum extent possible in an urban area, the City intends to create a balanced relationship between the functioning of urban systems and natural systems and will work with other levels of government and community partners to restore degraded natural environments. Council shall: Policy NE -22 Enhance natural areas within the City by: a. Protecting and limiting development in environmentally sensitive areas including significant habitat areas, open spaces and areas with rich biodiversity; b. Minimizing the fragmentation of significant natural areas by limiting development in rural areas and linking natural areas, wherever possible, to maintain wildlife habitat and natural corridors; c. Working with the Government of New Brunswick and other agencies to encourage sustainable forest management practices on Crown Land and private woodlots; and d. Carefully analyzing and mitigating the impacts of resource uses on adjacent natural areas when considering development applications. Policy NE -23 Protect significant natural areas by working with the Government of New Brunswick and other agencies to identify, protect, and enhance designated Environmentally Significant Areas (ESAs), Protected Natural Areas (PNAs), conservation areas, nature preserves, ecological reserves, bird sanctuaries and other significant natural areas, including sites owned and managed by the Nature Trust of New Brunswick. Policy NE -24 Enhance biodiversity throughout the City by: a. Encouraging the use of native species of vegetation for landscaping in private and public development, where appropriate; and b. Preserving representative vegetation, species and ecosystems in major open spaces and City parks. Policy NE -25 Protect significant natural landforms unique to the City. CHAPTER SEVEN I NATURAL ENVIRONMENT 155 93 Policy NE -26 Control the impacts of erosion by: a. Restricting development in erosion -prone areas; and b. Working with the Government of New Brunswick to ensure appropriate erosion and sedimentation control measures are implemented where development takes place. Policy NE -27 Participate in provincial and federal environmental impact assessments undertaken for projects in the City to advance the City's interests. Policy NE -28 Where possible, seek to harmonize the environmental impact assessment process and the City's land use planning processes for development projects. Policy NE -29 Utilize Land for Public Purpose dedications, as described in the Subdivision Bylaw, to enhance natural areas within the City by: a. Seeking public ownership of key natural areas with the potential for sensitively integrating passive recreation opportunities, biodiversity preservation, or ecosystem enhancement through the development process, where there is not a neighbourhood need for active recreation sites; and b. Exploring mechanisms for developers to participate in the creation or enhancement of community facilities and natural areas in lieu of Land for Public Purposes. Policy NE -30 Enhance the urban forest by: a. Encouraging the retention of mature trees and natural tree growth wherever possible; b. Establishing a planting program along designated streets and public rights -of -way where doing so will not interfere with existing municipal services, sidewalks or roadway infrastructure; c. Utilizing hardy native species with appropriate diversity and longevity where appropriate; and d. Implementing sustainable forest management practices on City -owned lands to explore and manage issues such as biodiversity, sustainable harvesting, and management for fire safety, and encourage sustainable management practices on other lands in the City. 156 P�aWsJ CITY OF SAINT JOHN MUNICIPAL PLAN 91 10.2.3 Regional Parks Council shall: The largest parks in the classification system are Regional Parks which attract residents and tourists from the City, the Greater Saint John Region and beyond. Regional Parks typically provide both structured and unstructured recreational opportunities as well as a wide range of specialized uses. The City has many Regional Parks, including Rockwood Park, Irving Nature Park, as well as parks along Saint John's Harbour, including Partridge Island. Although Partridge Island is currently not accessible to the general public, it exhibits strong potential as a signature piece of the City's park system. Policy CF -16 Continue to support and enhance Rockwood Park, the Irving Nature Park and the Uptown Waterfront as Regional Parks. Policy CF -17 Work with other levels of government to create a national heritage site at Partridge Island that is publicly accessible. Policy CF -18 Explore future recreational opportunities for underutilized areas of Rockwood Park to enhance its ability to serve the Greater Saint John Region. Policy CF -19 Pursue revitalization plans for Reversing Falls, outlined in the Reversing Falls Master Plan (2009), to enhance the range of recreational and leisure activities it offers to the regional population. Policy CF -20 Explore opportunities to better celebrate historically significant parks around the City, such as Fort Howe, Fort Latour, Partridge Island and Martello Tower. Policy CF -21 Explore opportunities to better utilize the Market Square Boardwalk in ways that engage various age groups and cultures to better connect them to the Uptown. Policy CF -22 Support the continued expansion of Harbour Passage to develop a connected system of trails along the City's waterfront. 212 -&&WSJ CITY OF SAINT JOHN MUNICIPAL PLAN 95 10.3 Open Spaces The City has many significant open space and natural area networks that play an important role in defining the City's urban structure. These areas include rural resource lands, environmentally significant lands such as watersheds, wetlands and watercourses, wilderness areas, coastlines, and archeological heritage sites and cemeteries. Council shall: Policy CF -23 Recognize and protect significant natural open space lands through the land use framework Policy CF -24 Recognize that not all open space lands acquired through the Land for Public Purposes process or cash -in -lieu of Land for Public Purposes are intended to be developed for public use as recreational space. Policy CF -25 Develop parks and trails for public use as recreational space, subject to the type of land, location and guidance from the Parks and Recreation Strategic Plan. 96 CHAPTER TEN I COMMUNITY FACILITIES 213 Arts, culture and heritage enhance the wellbeing of individuals and the community at large through a variety of outlets and interactions. A vibrant arts and culture community enhances the lives and interactions of residents and promotes economic development, tourism and an identity as a community. Arts, culture and our built and natural heritage belong to everyone in the community and should be fostered and celebrated. Planning to accommodate the full spectrum of these resources will enhance quality of life and quality of place to ensure a lively, authentic and creative future for the City. The Municipal Plan acknowledges that the vitality, quality of life and quality of place in the City are influenced by arts, culture and heritage. Strengthening the vitality of these assets requires continued investment of resources into arts and cultural initiatives and the continued celebration and conservation of the City's history. The City's designation as a Cultural Capital of Canada in 2010 highlighted arts and culture in the City and its unique architectural legacy, which contributes to the economic health and quality of life in the City. 97 CHAPTER ELEVEN I ARTS, CULTURE & HERITAGE 221 11.8 Cultural Landscapes The Municipal Plan recognizes the City's wealth in historic, archaeological and paleontological resources. The Government of New Brunswick and the New Brunswick Museum have begun mapping significant archaeological sites and have thus far assembled 35 such sites, which include portage sites, cemeteries and shipwrecks. The recent recognition of the StoneHammer sites as a United Nations Educational, Scientific and Cultural Organization (UNESCO) Geopark reflects the significant paleontological history of the Greater Saint John Region and showcases fossil sites with some of the earliest discoveries of fossil groups. The Government of New Brunswick is currently exploring the designation of these kinds of significant cultural landscapes as `historic places' under the New Brunswick Heritage Conservation Act. Although the protection of some of these resources falls outside of municipal jurisdiction, local planning for cultural and historic resources promotes an understanding of their importance and ensures their value is understood and taken into account. Council shall: Policy AC -35 Support the recognition, protection and promotion of important cultural landscapes, historic sites, designated heritage places, aboriginal sites, and archaeological resources, in partnership with the Government of New Brunswick, through the tools enabled by the New Brunswick Heritage Conservation Act and through working with other levels of government to improve public access to and awareness of these community assets. 230 - , 'Sj CITY OF SAINT JOHN MUNICIPAL PLAN 98 Policy AC -36 Support the recognition, interpretation and development of the primary Inner Harbour heritage assets, including Fort LaTour, Partridge Island, Trinity Royal Heritage Conservation Area and the New Brunswick Museum Archives facility. Policy AC -37 Recognize the important contributions made by the New Brunswick Museum to the local community and to the Government of New Brunswick in raising awareness of the vast history of New Brunswick. Policy AC -38 Recognize the importance of the StoneHammer sites, now identified and protected internationally as a UNESCO Geopark, as part of the rich paleontological contributions found in this region of New Brunswick. Policy AC -39 Recognize the importance of Partridge Island in the history of the City and the role this critical land formation has played in the evolution of the City. Policy AC -40 Recognize the important contribution made by the Heritage Conservation Areas in raising awareness of the history and architecture of the City. r f sib f ea. •• I(A.R. CHAPTER ELEVEN I ARTS, CULTURE & HERITAGE 231 Complete Communities Communities that meet people's needs for daily living Density The number of dwelling units per acre of land. Effluent A liquid, solid, or gaseous emission, such as the discharge or outflow from an industrial, wastewater or other process. Employment Areas As defined in section 3.5.2 of the Municipal Plan. Environmentally Land and water areas containing natural features or Sensitive Areas ecological features of sufficient intrinsic significance and value to the community to warrant their long -term protection. Federal Transportation As defined in section 3.7.1 of the Municipal Plan. Areas 264 CITY OF SAINT JOHN MUNICIPAL PLAN 100 throughout an entire lifetime by providing convenient access to an appropriate mix of jobs, local services, a full range of housing, and community infrastructure including affordable housing, schools, recreation and open space for their residents. Convenient access to public transit and active transportation is also provided. Corridor As defined in section 3.5.3 of the Municipal Plan. Council The Mayor and Councillors of the City of Saint John. Crime Prevention A proactive crime prevention strategy utilized Through Environmental by planners, architects, police services, security Design (CPTED) professionals and everyday users of space to guide the proper design and effective use of the built environment, leading to a reduction in the incidence and fear of crime and improvement in the quality of life. Emphasis is placed on the physical environment, productive use of space, and behaviour of people to create environments that are absent of environmental cues that cause opportunities for crime to occur. Cultural Landscape Defined by the World Heritage Committee as distinct geographical areas or properties that uniquely represent, "the combined work of nature and man ". Density The number of dwelling units per acre of land. Effluent A liquid, solid, or gaseous emission, such as the discharge or outflow from an industrial, wastewater or other process. Employment Areas As defined in section 3.5.2 of the Municipal Plan. Environmentally Land and water areas containing natural features or Sensitive Areas ecological features of sufficient intrinsic significance and value to the community to warrant their long -term protection. Federal Transportation As defined in section 3.7.1 of the Municipal Plan. Areas 264 CITY OF SAINT JOHN MUNICIPAL PLAN 100 Garden Suite An accessory dwelling to a principal residence which is intended for the sole occupancy of one or two persons who are typically related to the occupants of the main dwelling. Glazing Refers to the part of the wall made of glass, such as a window. Gross Residential Density per Number of dwelling units per hectare calculated by Hectare dividing unit yield by gross residential land area. Lands included in this calculation include schools, local roads, parks, commercial uses, institutional buildings, stormwater management facilities and open space but not major transportation corridors, major open space and regional facilities. Ground water Any flowing or standing water below the surface of the earth. Growth Strategy Report A report produced as part of the PlanSJ process that laid the foundation for the Municipal Plan by describing the future physical pattern of land uses in the City. Harbour Clean -Up An infrastructure initiative by the City that aims to end the practice of discharging municipal wastewater effluents directly into the Harbour, and other watercourses through raw sewage outfalls. Heavy Industrial Area As defined in section 3.5.2 of the Municipal Plan. Heritage Conservation Area An area identified as being of historical, natural, archaeological or cultural heritage value or interest, and designated as a Heritage Conservation Area pursuant to Section 55 of the New Brunswick Heritage Conservation Act and /or the Saint John Heritage Conservation Areas Bylaw. Heritage Place A place designated by the Government of New Brunswick under the New Brunswick Heritage Conservation Act. Historic Site The traditional, documented or legendary location of an event, occurrence, action or structure significant in the life or lives of a person, persons, group or tribe. 101 GLOSSARY 265 THE SAINT JOHN JEUX CANADA GAMES FOUNDATION, INC. .r LA FONDATION JEUX CANADA GAMES SAINT JOHN, INC. 206 King Street West, Saint John, NB E2M 1S6 (506) 634 -1985 November 18, 2011 His Worship Mayor Ivan Court and Members of the Common Council c/o Common Clerk City of Saint John P. 0. Box 1971 Saint John, NB E2L 4L1 Dear Mayor Court and Members of Council: On behalf of the Board of Governors of The Saint John Jeux Canada Games Foundation, Inc. I am writing concerning the appointment of Governors of the Foundation. The By -laws of the Foundation state: "The Governors of the Foundation shall consist of the Mayor of Saint John or a member of the Common Council of Saint John designated by the Mayor, together with eight other Governors appointed by the Common Council of Saint John after taking into consideration the recommendation of the Governors of the Foundation then in office." In accordance with the above by -law, the Governors of the Foundation recommend to Common Council that Mr. Bill Thompson and Mr. Andrew Gaunce be appointed as Governors fora three year term ending in 2014 or until their successors are appointed. Mr. Thompson was previously appointed by resolution of Common Council on August 18, 2008 for a three year term which expired in August, 2011 and Mr. Gaunce will be filling a vacancy of the board as the 8`h governor of the Foundation. Mr. Gaunce has been actively involved in local community projects, committees and amateur sport activities. We have enclosed a Committee Volunteer Application form for Mr. Gaunce. We would appreciate confirmation from Common Council of this appointment in due course. Respectfully submitted, z✓ Patrick D. Darrah Chairman, Board of Governors PDD /lfd 102 REPORT TO COMMON COUNCIL Ah November 24"', 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors SUBJECT: Data Storage System Upgrade for City IT Services BACKGROUND: City of Saint Jahn The City requires and operates complex Information Technology infrastructure that need to meet the constantly increasing demands and expectations of City services and its public. A key component of this infrastructure is data storage which is provided by a Network Attached Storage (NAS) system. This enterprise system provides fast, reliable, highly redundant, flexible, and expandable data storage for critical core IT services such as Email, Rile shares, Databases, City Records, and virtual server infrastructure. The City's current core NAS infrastructure has reached capacity and the end of its reliable lifespan. The purpose of this report is to inform Common Council of the need to purchase a new NAS System that is required to upgrade the current infrastructure. ANALYSIS: In 2007 the City purchased and installed the current NAS system. When the system was installed it provided 2.4 TB (2,400 GB) 1 of fast reliable storage on 10 drives; today the system has grown to 56 drives and 20.4 TB of storage. The current system is now full and the City's data storage requirement is anticipated to continue to grow by 6 TB over the next year. Also extending the system's warranty is costly; in 2011 the maintenance costs were $10,600 and in 2012 it will triple to over $30,000. These maintenance costs reflect the probability of component failure which increases exponentially after 3 years. Running the current NAS as the primary storage solution for critical services is not advisable as probable hardware failure will cause service interruption and catastrophic data loss. The current NAS system represents a single point of failure in the City's technology infrastructure. There is also no available space to do the necessary testing of backup and restore procedures, and no room for an environment to install and evaluate new systems. Upgrading the NAS with an additional system would mitigate the risk of hardware failures and allow testing without affecting critical production systems. ' TB — Tera Bytes which is 1,000 Giga Bytes or 10 Bytes. If 2.4 TB was converted to 1960s style punch cards the stack would reach to the sun and back twice! 103 The Province of New Brunswick recently reviewed NAS manufactures, selected EMC2, and subsequently established a supply agreement for EMC2 storage. The City's IT staff have investigated EMC' and other solutions, consulted with the IT Staff from the Province and other municipalities, and concluded that EMC2 will provide the City a reliable, high performance, scalable, and above all affordable NAS solution. The City's IT Department has consulted the manufacturer, the supplier, and the IT Departments for the province of NB and Halifax. From these discussions the following system has been recommended: • EMC2 VNX5300 Base Array unit • 3 Additional 15 -bay disk enclosures • 50 disk drives comprised of 200GB, 600GB, and 2TB capacities • Support and management software • 4 Years 7x24 Support on all proposed Hardware and Software • Installation and Configuration services The City can call for competitive bids or exercise its rights under the Public Procurement Act of the Province of NB and purchase the equipment it needs from the province's supply contract. Experience has demonstrated that in matters such as this that the market is limited and should the City opt to stand alone and call a tender for bids that it can anticipate receiving only one offer - that offer would be from the company presently under contract to the Province. It is for this reason that staff have recommended that Council waive the tender requirement in favour of accessing the Provincial supply agreement. FINANCIAL IMPLICATIONS This is a planned expenditure and as such funds to cover the $115,000 + HST cost to upgrade the NAS are available in the 2011 Capital Budget. INPUT FROM OTHERS The City's Purchasing Agent has reviewed this request and is supportive of the recommended approach to addressing the need identified. RECOMMENDATION It is recommended that Common Council authorize the City Manager to exercise the City's right to purchase off the Provincial supply agreement the EMC2 VNX5300 system described above from Unis Lumin, the official supplier under contract to the Province of New Brunswick for this type of computer equipment, at a total cost of $115,000 + HST. 104 Respectfully submitted, Brian Woods, M.Sc. Manager of Information Technology l� J; K`L Woods, C.G.A. Cl 105 REPORT TO COMMON COUNCIL November 30, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: The City of Saint john SUBJECT: Saint John Trade and Convention Centre — Approval of 2010 Audited Financial Statements BACKGROUND: In 1984 the City of Saint John entered into a Management Agreement with the Hilton Hotel with respect to the operation of the Trade and Convention Centre. One of the provisions of this agreement is as follows: "Hilton shall submit to the City detailed financial statements on the operations of the Centre, audited by an independent chartered accountant appointed by the City and charged as an operating expense. " ANALYSIS: As previously reported to Common Council in March of 2011 since Common Council is the body responsible for the appointment of the auditor's of the Trade and Convention Centre, and since Common Council is the body to whom the Audit report is addressed, it would be appropriate for Common Council to approve the audited financial statement. It should be noted that these are not a full set of Financial Statements that the members of Common Council are used to receiving as they do with the City of Saint John General Fund and the City of Saint John Water & Sewerage Utility. The statement prepared for the Trade and Convention Centre is in fact a Statement of Revenue and Expenses of the City of Saint John Saint John Trade and Convention Centre in accordance with the management agreement Attached to this report is a copy of the audited Financial Statement for the year ended December 31, 2010. 106 Report to Common COUDCH Page 2 November 30, 2011 RECOMMENDATION: It is recommended that the audited financial statements for the year ended December 31, 2010 be approved as presented and further that the Mayor and the Chair of the Finance Committee be authorized to sign on behalf of the City of Saint John.. Respectfully su eomans, CGA, MBA rr of Finance 1: Statement of revenue and expenses The City of Saint John Saint John Trade and Convention Centre December 31,-2010 110 The City of Saint John Saint .Sohn Trade and Convention Centre Contents Page Independent auditors' report on the statement of revenue and expenses 1 -2 Statement of revenue and expenses Notes to the financial information 111 4 -5 Independent auditors' report on the statement of revenue and expenses To the Mayor and Common Council of the City of Saint John We have audited the accompanying statement of revenue and expenses of the City of Saint John — Saint John Trade and Convention Centre (the Centre) for the year ended December 31, 2010 and other explanatoq, information (together the financial information). The financial information has been prepared by management using the basis of accounting described in note 2. Management's responsibility for the financial infor #1 n Management is responsible for the preparation and fair prese on o financial information in accordance with the requirements of the management agree t Hilt n Canada Co. as amended September 22, 2004, referred to in note 2 of this financi info tion, and for such internal control as management determines is necessary to enable the prepa financial information that is free from material misstatement, whether due to fraudro Auditors' responsibility Our responsibility is to express an our audit in accordance with Canae, comply with ethical requirements a whether the financial information i on based on our audit. We conducted lardy. Those standards require that we Dbtain reasonable assurance about An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial information. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial information, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial information in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates, if any, made by management, as well as evaluating the overall presentation of the financial information. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. 112 Opinion In our opinion, the financial information presents fairly, in all material respects, the results of the operations of the Centre for the year ended December 31, 2010, in accordance with the management agreement as amended September 22, 2004, referred to in note 2 of this financial information. Basis of accounting Without modifying our opinion, we draw attention to note 2 to the financial information, which describes the basis of accounting. The financial statement is prepared to provide information to the Mayor and Common Council of the City of Saint John. As a result, the statement may not be suitable for another purpose. Saint John, New Brunswick August 18, 2011 Chartered Accountants 2 113 The City of Saint John Saint John Trade and Convention Centre Statement of revenue and expenses Year ended December 31, 2010 (restated) 2410 2010 2009 Budget Actual Actual Revenue (note 1) Commissions on food and beverage sales and sundry revenue $ 188,600 $ 182,607 $ 190,435 Room rental 215,650 1149.448 238,586 404,250 _ 332,055 429,021 Direct expenses Laundry 7,975 11,189 9,070 Operating equipment and uniforms 1,000 2,573 2,880 Supplies 45,900 30,359 36,214 Wages and benefits 207,458 239,227 214,569 262,333 283,348 262,733 141,917 48,707 166,288 a Overhead expenses ' Advertising and promotion 34 22,596 27,408 Bank charges 20 32 32 Cleaning and maintenance 6,5 29,757 46,331 Dues and subscriptions (680) 298 Entertainment 5, 2,537 2,760 Equipment rental 10,243 6,247 Garbage removal 8, 11,111 11,181 Insurance 456 400 400 Legal and audit 0,500 15,293 19,400 Licenses 1,080 1,800 1,704 Light, heat and power 11,555 5,750 6,230 Miscellaneous 7,200 6,992 16,517 Outside services 2,155 16,394 10,419 Postage, printing and stationery 4,100 8,993 4,202 Salaries and benefits 353,770 325,266 343,087 Telecommunication 11,676 11,559 10,771 Travel and training 11,325 19,710 11,520 Water heating charges 6,400 944 5,700 509,750 488,697 524,247 Operating deficit for the year (367,833) (439,990) _(357,919) Operating expenses not paid directly by the Centre Real estate tax 83,490 82,084 79,522 Management fee 165,958 165,121 161,910 Electricity 41,695 38,602 43,030 HVAC utility /maintenance 155,145 93,907 156,646 446,288 379,714 441,108 Total expenses 1,218,371 1,151,759 1,228,048 Total deficit for the year $ (814,121) $ (819,704) $ (799,027) Approved by Mayor See accompanying notes to the financial information. 114 Councillor 3 The City of Saint John Saint John Trade and Convention Centre Notes to the financial information December 31, 2010 1. Revenue Under the terms of the management agreement dated June 1, 1984, with amendment dated September 22, 2004, Hilton Canada Co. pays to the Centre a percentage of gross revenue for food and beverage with cost of sales, including product and labour costs, being the responsibility of Hilton Canada Co. The Centre is responsible for all other operating costs. 2. Management agreement — Saint John Trade and Convention Centre This financial information has been prepared in accordance with the provisions of the management agreement between the City of Saint John (the City) and Hilton Canada Co. The Centre is leased by the City and managed by Hilto n1a Co. under an amended agreement dated September 22, 2004. The original eemeht ated June 1, 1984, had a 20 year term with options to renew for three consecuti 10_ ar peods. Two 10 year renewal periods remain. According to the terms of this roe Wit, the City is responsible for the operating loss of the Centre. In addition to the s under this agreement, the City incurs common area costs and manage fe E are reflected in the general operating fund of the City. With the establishment of the Gr ohn Regional f=acilities Commission in 1998, operating deficits, managements an ro erty taxes included in common area costs are shared with the municipalities makii. u, e Greater Saint John Regional Facilities Commission. These costs are alloca i in proportion to the tax bases of the municipalities. 3. Recording of assets and liabilities The City's investment in the structure and related equipment, furnishings and fixtures is reported on the capital and loan fund balance sheet of the City. 4. Comparative figures The prior period figures presented for comparative purposes have been restated to include certain expenses not paid directly by the Centre, which reflects the financial information format adopted for the current year. 115 The City of Saint John Saint John Trade and Convention Centre Notes to the financial information December 31, 2010 5. Due to (from) the Ciity 2010 2009 Working capital advanced by the City Current year $ 368,542 $ 370,384 Prior year's balance 2,279 (10,186) 370,821 360,198 Less: operating deficit for the year 439,990 357,919 Due to (from) the City $ 6_ { 9,169) $ _ 2,279 The amount due to (from) the City is represented by Operating bank account \ (62,404) 16,237 $ 102,026 Trade and capital accounts (payable) receiva 180,351 Consulting fees receivable from the City 1 104,078 39,732 Prepaid expenses 640 259 57,271 322,368 Less: trade accounts payable 126,440 320,089 $ 691169) $ 2,279 R 116 OPEN SESSION December 1, 2011 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Councillors: SUBJECT: Terms of the December 2011 Debenture Issue BACKGROUND: On November 14th, 2011 the New Brunswick Municipal Finance Corporation negotiated the sale of a bond issue in the amount of $50,800,000, of which $11,500,000 related to the City of Saint John 2011 Capital Program. ANALYSIS: The terms of the issue as they relate to Saint John are as follows: Term: 10 year, serial form $11,500,000. Coupon Rate: Year 1 — 1.35% Year 6 — 2.55% Year 2 — 1.40% Year 7 — 2.85% Year 3 — 1.65% Year 8 — 3.10% Year 4 — 1.90% Year 9 — 3.30% Year 5 — 2.20% Year 10 — 3.45% Price: $ 98.86 Average Yield: 3.169% n,!?4 Settlement Date: December 5, 2011 SAINT JOHN P.O. Boat 1971 Saint John, NB Canada E2L 4L1 I www saint ohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 41 118 December 1, 2011 Re: Terms of the December 2011 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, $1,500,000 will be refinanced in 2021 for a period not to exceed five years, and for the Water & Sewerage Utility, $3,500,000 will be refinanced in 2021 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 September 28th, 2011. As such the Mayor and Common Clerk have signed the debentures between the City and the New Brunswick Municipal Finance Corporation for $11,500,000 at the terms listed above on November 18th, 2011. RECOMMENDATION: It is recommended that this report be received and filed. Respectfully subm Gregcay . Yeomans, CGA, MBA Commi s:ioner of Finance 119 Saint John Arts Centre 20 Hazen Ave., Saint John, NB E2L 5A5 ■ 506 - 633 -4870 www.saintjohnamcentre.com ■ info @saintjohn mcentre.com Saint John Common Council 15 Market Square Po Box 1971 Saint John, New Brunswick E2L 4L1 November 29, 2011 Dear Common Council, The Saint John Arts Centre is looking to expand its traditional arts workshop programming to include an intaglio printing press and studio. Currently this type of program is not offered in the Greater Saint John area. By developing this print studio we would take another important step in becoming self- sufficient. It would also enhance our status, and that of the City, and bring in much needed revenue from the following: • workshop fees • print studio rental fees • annual print sales We would like to request that you consider the allocation of funds as part of your 2012 budget deliberations, for the purchase and setup of this print studio. Perhaps this would be is a unique opportunity to help celebrate the I e anniversary of the Saint John Arts Centre in 2012. Kindest regards, I � R Andrew Kierstead Executive Director Saint John Arts Centre 120 Saint John Arts Centre: Printmaking Studio Proposal October 2CI I 121 'Au i rintmaKl hg Studio Professional Printmakina s'=adlity in Greater Saint John In response to much interest expressed by the artistic community and the great potential for many worthy programs, the Saint John Arts Centre would like to establish Greater Saint John's only local fully- equipped printmaking studio. This program will address several of the community priorities pinpointed in the Vital Signs Report; Arts and Culture, Education and Employment. Not only would this be a great enhancement to the Saint john Arts Centre's programming, but this project would also help support a local business by working with an art supply store in Uptown Saint John to bring in specialized tools, paper, inks and supplies needed for this medium. Considering the impact as a source of income for this community arts centre, the entire Greater Saint John population will benefit. By providing a Uly equipped printmaking facility, this program will provide a unique opportunity to Iocal artists of all ages and experience currently only available in other areas of the province. Professional artists accomplished in this medium will be able to work and contribute to the artistic culture of Greater Saint John, instead of travelling to other centres. The educational opportunities of the program will eventually be built beyond the Saint John Arts Centre's own initial workshop programs, becoming a true centre of excellence for this art form. Existing partnerships with secondary school art programs and such institutes as the New Brunswick College of Craft and Design will be expanded to include this program. With full funding, it will be possible to hire the services of part-time print technician, with the specialized training and expertise to assist in all areas of the program. In addition to general maintenance and technical support, the print technician will provide valuable teaching skills and potential additional fundraising as a master printer employed by professional artists. Future summer employment opportunities, through the provincial SEED and federal student work programs, will be created for local post- secondary fine arts students, as printmaking workshop assistants. 122 SJAC DrintmaKin Studio Please I : Phase Onsite inspection and budget Sustainable income initiatives The Saint John Arts Centre has been working closely with Master Printer Robert Van de Peer of Sunbury Shores in establishing the feasibility of setting up a fully equipped intaglio printing facility. After much discussion and realizing that renovation costs could be a major :Factor in moving forward, a suitable room on the 3rd floor off the Robert Percival room was selected. A working budget has been developed showing the items needed and a cost breakdown. Initial floor layout plans are being finalized as well. Phase 2: Press and basic essentials In order to begin work as soon as possible, the printing press and basic supplies must be procured. Phase 3. Renovations An onsite inspection by the City's building maintenance department will be necessary to confirm that the room chosen offers the best space at the least amount of cost to renovate. Phase Workshops and artist cooperative Once the renovations are underway, aggressive marketing of this highly specialized Saint John Arts Centre workshop will begin. With the printmaking studio fully operational. further planning and action on sources of additional income support will be pursued. These include secondary/post-secondary educational institute partnerships, targeted marketing to the professional arts community and fundraising efforts (print show and corporation sponsorship). Revenue There are three potential sources of revenue: Workshops The initial source of revenue comes from the intaglio workshops that will be offered here at the Saint John Arts Centre. These could include former post - secondary students or people who have no experience in printmaking and are interested in this printing process. Studio rental With a growing number of experienced intaglio printers, there will be a need to offer rented workshop space for them to work and print their editions. Print exhibition The final source is through the annual print We that could take place at the Saint John Arts I -entr,- each year before Christmas. As an established print studio, we would be entitled to a print from each edition that pulled" from our press. These prints could be matted and hung in one of the exhibition galleries for sale. 123 SJAC Printmaking Studio Eco- Friendly Techniques Traditionally, the process of etching plates is extremely dangerous. Strong acids are used to eat away at the unprotected or exposed areas of the plate. When completed, it is these areas that will hold the ink and give the image. Under the direction of Master Printer Robert Van de Deer, the Saint John Arts Centre is investing in a much more coo- friendly way of etching and processing the plates. We will be using plates made of copper, which are very soft and easy to etch. The mild acid used is diluted to such a degree that there is no need for an expensive ventilation system to be installed or for masks to be worn by the printmaker during this process. All chemicals used can be found in your local grocery store and allow the artist to work safely while helping to protect the environment. Intaglio Printing A Brief History Intaglio (pronounced: in- TAlree -oh) is a family of printmaking techniques in which the image is incised into a surface, known as the matrix or plate. Normally, copper or zinc plates are used as a surface, and the incisions are created by etching, engraving, drypoint, aquatint or mezzotint. To print an intaglio plate, ink is applied to the surface and then rubbed with tarlatan cloth to remove most of the excess. A final smooth wipe is often done with newspaper or old public phone book pages, leaving ink only in the incisions. A damp piece of paper is placed on top and the plate and paper are run through a printing press that, through pressure, transfers the ink from the recesses of the plate to the paper. Intaglio techniques are often combined on a plate_ For example, Rembrandes prints are referred to as `etchings" for convenience, but very often they have engraving and drypoint work as well, and sometimes no actual etching at all. Intaglio engraving, as a method of making prints, was invented in Germany by the 1430s. Engraving had been used by goldsmiths to decorate metalwork, including armour, musical instruments, and religious objects since ancient times, and the niello technique, which involved rubbing an alloy into the lines to give a contrasting colour, also goes back to late antiquity. It has been suggested that goldsmiths began to print impressions of their work to record the design, and that printmaking developed from this technique. The golden ?��t ibe, t:1�,+ 'xrayixi � ' age of artists by Jr r;,,, at, engraving was �x..c:l M. 1450 -1550, after which the 124 P r SJ htm C� akin g z'-:")t jaiG Today, intaglio engraving is largely used for currency, banknotes, passports and occasionally for high -value postage stamps. The appearance of engraving is sometimes mimicked fnr items such as wedding invitations by producing an embossment around lettering printed by another process (such as lithography or offset) to suggest the edges of an engraving plate. the Process In pure etching, a metal (usually copper, zinc or steel) plate is covered with a waxy ground which is resistant to acid. The artist then scratches off the ground with a pointed etching needle, where he wants a line to appear in the finished piece, so exposing the bare metal. The €choppe, a tool with a slanted oval section, is also used for "swelling" lines. The plate is then dipped in a basis of acid, technically called the mordant (French. for "biting'°) or etchant, or has acid washed over it. The acid "bites" into the metal, where it is exposed, leaving behind lines sunk into the plate. The remaining ground is then cleaned off the plate. The plate is inked all over, and then the ink wiped offthe surface, leaving only the ink in the etched lines. The plate is then put through a high- pressure printing press together with a sheet of paper (often moistened to soften it). The paper picks up the ink from the etched lines, making a print. The process can be repeated many times; typically several hundred impressions (copies) could be printed before the plate shows much sign of wear. 'Ihe work on the plate can also be added to by repeating the whole process; this creates an etching which exists in more than one state. Etching has often been combined with other intaglio techniques such as engraving (e.g. Rembrandt) or aquatint (e.g. Goya). S 125 technique lost ground to etching as a medium `�` PJA r{� t �' for artists, although ;l 91 �t c lk: �.'f4r1tiry� tag engravings continued ��, t.� � � �c�a?tily �� y ��,� Rte. to be produced in ;k),Y huge numbers synth after the invention of photography. Today, intaglio engraving is largely used for currency, banknotes, passports and occasionally for high -value postage stamps. The appearance of engraving is sometimes mimicked fnr items such as wedding invitations by producing an embossment around lettering printed by another process (such as lithography or offset) to suggest the edges of an engraving plate. the Process In pure etching, a metal (usually copper, zinc or steel) plate is covered with a waxy ground which is resistant to acid. The artist then scratches off the ground with a pointed etching needle, where he wants a line to appear in the finished piece, so exposing the bare metal. The €choppe, a tool with a slanted oval section, is also used for "swelling" lines. The plate is then dipped in a basis of acid, technically called the mordant (French. for "biting'°) or etchant, or has acid washed over it. The acid "bites" into the metal, where it is exposed, leaving behind lines sunk into the plate. The remaining ground is then cleaned off the plate. The plate is inked all over, and then the ink wiped offthe surface, leaving only the ink in the etched lines. The plate is then put through a high- pressure printing press together with a sheet of paper (often moistened to soften it). The paper picks up the ink from the etched lines, making a print. The process can be repeated many times; typically several hundred impressions (copies) could be printed before the plate shows much sign of wear. 'Ihe work on the plate can also be added to by repeating the whole process; this creates an etching which exists in more than one state. Etching has often been combined with other intaglio techniques such as engraving (e.g. Rembrandt) or aquatint (e.g. Goya). S 125 Pr Project Budget Equipment: Si �3 Pr ntmakiM g Studio Printing press /Stand/Blankets .......... $121000 The quality of the print and the dependability of the intaglio printing press is paramount when it comes to making this initial investment. Pictured on page 2, the American French Tool liloor model) Intaglio Press (26" x 48 ") is the press we are recommending for the print studio. Considering the manufacturer's long history of proaucing precision printing presses, we feel this is the machine that will help to establish the Saint John Arts Centre as a destination for intaglio printers. Rollers and brayers ............................... $1000 2 -8" diameter solid steel with 3" diameter bearing journals Worktables /roRup station .................... $2000 This is the area where the printer applies ink to a glass surface and using a hand roller, "rolls up the ink" before it is applied to the plate surface. Copperplates ................ ...........................$400 Cropper plates are very economical to use because they offer the ability to be used on both sides. 8" x 9" plates cost $20 each. Cleaners .................... ............................... $50 Because this is an eco- friendly print shop, no solvents will be used. Instead, cooking oil, Windex, and biodegradable dish detergent is used to clean and protect the copper plates after being etched. M Inks....................... ... ............................... $600 It is most economical to purchase the ink in a tube form. This will eliminate wastage. Grounds and resins $50 Traditionally, powerful grounds and resins would be used to protect The non - exposed parts of the copper plate during the etching process. A combination of Future floor wax and India Ink. is used. Tarlatans ................. ............................... $200 Tarlatans are used to wipe the excess ink from the copper plates. Because thav can be used more than once, a roll may last over 3 years. Blotter boards .......... ............................... $200 Blotter Boards are used to absorb the excess moisture which is present after the printing process. Each print is put on a blotter board and then, as additional prints are made, they are stacked on top of each other. Hand tools (6 sets) ... ............................... $500 Scrapers, burnishers, roulettes, whistlers, files, rockers and clamps. These tools are all important when it comes to manipulating the copper plate and allowing it to ink properly. Fibreglas sink and renovations .............. $2000 This would also include plumbing and other modifications necessary to make the facility ready. Tow: .................................................. $19,000 126 REPORT TO COMMON COUNCIL OPEN SESSION M &C2011 -309 November 29, 2011 His Worship Ivan Court And Members of Common Council Your Worship and Councillors: SUBJECT: Animal Control Services City of Saim John BACKGROUND As Council is aware, staff has been working with the SPCA Animal Rescue (SPCA —AR) to come to an agreement with respect to the provision of animal control services since the contract with the organization expired on January 31, 2011. The SPCA- AR has advised Council, in a presentation on September 19, 2011, that their costs to deliver the animal control service are more than what the contracted amount is. They advised that their annual costs are $200,000 to deliver animal control services to the City. Staff has calculated the actual cost to deliver the service at $155,000 plus animal license revenue ($10,000) for a total of $165,000 per year. Staff has suggested that Council consider the additional $35,000 as a grant to the SPCA -AR during budget deliberations to support the continued success of the operations of the shelter. While this approach of separating the contract amount from a grant amount is generally agreeable to the SPAC -AR, they are not in a position to enter into any long term agreement with the City unless grant funding is approved for 2012 and beyond. That being said, the SPCA —AR understands that the budgets have yet to be finalized and is willing to enter into an agreement until January 31, 2012 so that animal control services can continue seamlessly while budget discussions are underway. There will be no changes to service delivery; the only change to the agreement is the term of the contract and the cost in the amount of $155,000 per year plus the SPCA -AR will retain license revenues. The City Solicitor's Office has prepared the attached contract, which has been signed by the Executive Director of the SPCA Animal Rescue in anticipation of Council's approval. 127 M &C2011 — 309 - 2 - November 29, 2011 RECOMMENDATION Your City Manager recommends that the attached contract for animal control services be awarded to the SPCA Animal Rescue in the amount of $155,000 plus HST for a period from February 1, 2011 to January 31, 2012, and that the Mayor and Common Clerk be authorized to execute the attached contract documents. Respectfully submitted, Amy Poffenroth, P. Eng., MBA Deputy Commissioner Buildings and Inspection Services Patrick Woods, CGA City Manager Attachment 128 THIS AGREEMENT made in duplicate this day of November, 2011. BETWEEN: THE CITY OF SAINT JOHN, having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick (the "City ") OF THE FIRST PART - and — SAINT JOHN SHELTER LTD. carrying on business as SAINT JOHN SPCA ANIMAL RESCUE, a body corporate under the laws of the Province of New Brunswick (the "Contractor ") OF THE SECOND PART WHEREAS there is a need for and the City wishes to offer to its citizens an animal control service; AND WHEREAS the Contractor has tendered to the City to provide sufficient labour, materials, vehicles and equipment to provide an adequate and satisfactory animal control service to the City; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements hereinafter contained, and subject to the terms and conditions set forth, the parties hereby agree as follows: Term 1. The term of this agreement shall be for a period of one year commencing as of and with effect from the 1St day of February 2011 and expiring on the 31St day of January 2012. Contractor's Covenants 2. The Contractor covenants and agrees with the City as follows: (a) It shall carry out the responsibilities of the "contractor" under sections 3, 4 and 6 of the City's By -Law Respecting the Control of Dogs and Cats in the City of Saint John Made Under the Authority of Section 96 of the Municipalities Act — By -Law No. M -13 (the "By- law "). 129 -2- (b) It shall be responsible for the enforcement of the By -law. Enforcement shall include the investigation and prosecution of violations of the By -law. (c) It shall provide daily patrols and emergency services as follows: (i) a minimum of four (4) hours of daily vehicular patrols for animals throughout the City Monday to Friday, inclusive. The patrols shall be carried out between the hours of 7:30 a.m. and 6:00 p.m. or during such other periods of time as the City may, through its Commissioner of Buildings and Inspection Services, request in writing from time to time. (Such a request to be made at least five (5) days in advance). (ii) It shall have one of its Animal Control Officers, with a suitable vehicle properly registered with the Province of New Brunswick and bearing a valid motor vehicle inspection vignette as required by provincial legislation, available to respond to emergency calls from the Saint John Police Force with respect to animals which have been injured and with respect to dogs which have bitten or attempted to bite a person. (iii) It shall be entitled to a $40.00 payment from the City for each emergency call which occurs outside the normal patrol hours referred to in paragraph (i) hereof. (d) It shall maintain a direct telephone service that is to be listed and answered as "City of Saint John Animal Control ". The telephone number for this service shall be relinquished by the Contractor to the City upon termination of this agreement. Animal Control Officers, while on duty, shall be equipped with portable communication devices (UHF or VHF radio or cellular phone) with sufficient range as to be used anywhere within the City. All emergency calls shall be received, registered and dispatched immediately to the on duty /on call Animal Control Officer. Records of such calls shall include the name and rank of the caller, the date and time of the call, the address or location responded to, the reason for the call, and the date and time of contact to the on duty /on call Animal Control Officer. (e) It shall provide at least one vehicle, properly registered with the Province of New Brunswick and bearing a valid motor vehicle inspection vignette as required by provincial legislation, that has been approved by the Society for the Prevention of Cruelty to Animals (the "S.P.C.A.) as suitable for the humane transportation of animals. The Contractor shall also provide S.P.C.A. approved facilities suitable for the humane keeping of as many as forty animals at a time. Vehicles and facilities used in the execution of this contract shall bear identification stating "Saint John Animal Control" and the appropriate telephone number. Contractor employees, while on patrol duty, shall wear clothing that identifies them as Animal Control Officers and present a neat and tidy appearance. (f) It shall be responsible for the euthanasia and cremation of animals that may be subject to destruction under the By -law or pursuant to a Court Order. 130 -3- (g) It shall maintain records, satisfactory to the City, with respect to weekly patrol, emergency services and complaints under this agreement and the By -law, and permit the City to inspect them at any time during the hours of 9:00 a.m. to 4:00 p.m. on Monday to Friday, inclusive. The Contractor shall, by not later than the 10a' day of each month, provide the City with a written report, on a form approved by the Commissioner of Buildings and Inspection Services, with respect to such activities. (h) It shall take out and keep in full force and effect, at its own cost, throughout the Term commercial general liability insurance. Such insurance shall cover but not be limited to property damage, bodily injury liability, non -owned automobile liability. The coverage thereunder shall include the activities conducted by the Contractor and any other person acting within its control, or for whom the Contractor is in law responsible and any person performing work on behalf of the Contractor. Such policy shall have inclusive limits of at least Two Million Dollars ($2,000,000.00) for each occurrence involving personal injury, bodily injury, death or property damage, or such higher limits as the City may from time to time reasonably require. The policy shall contain: (i) a provision stating that such policy shall be primary and shall not call into contribution any other insurance available to the City or the Contractor; and (ii) an undertaking by the insurers that no material change, cancellation or termination of any policy will be made unless the City has received not less than thirty (30) days prior notice thereof, delivered in accordance with the provisions of this Agreement. The City shall be added as an additional insured on the commercial general liability insurance policy described herein. The Contractor shall provide a Certificate of Insurance to the City at the time of the execution of this Agreement evidencing the insurance coverage described herein. The Contractor shall provide said Certificate of Insurance to the City yearly for the term of this Agreement. (i) The Contractor shall take out and keep in full force and effect insurance against liability for bodily injury and property damage caused by motor vehicles owned by the Contractor and used in the execution of this Agreement. Such insurance shall have an all inclusive limit of at least $1,000,000.00. A motor vehicle shall be as defined in the Motor Vehicle Act of the Province of New Brunswick. The Contractor shall provide a Certificate of Insurance to the City at the time of the execution of this Agreement evidencing the insurance coverage described herein. The Contractor shall provide said Certificate of Insurance to the City yearly for the term of this Agreement. 131 -4- City's Covenants The City covenants and agrees with the Contractor as follows: (a) The Contractor shall retain any fees paid to it with respect to licensing pursuant to the By -law, (b) It shall to pay to the Contractor, in return for the services the Contractor will provide hereunder, the sum of one hundred and fifty -five thousand dollars ($155,000.00), which sum is to be paid in equal monthly installments payable on the last day of each month during the Term. (c) It shall provide legal advice and assistance, through its Legal Department, with respect to Court proceedings involving violations of the By -law. Default and Termination 4. Default under this agreement will be deemed to have occurred if a party has failed to observe or perform any term, covenant or obligation contained in this agreement and such party has not remedied the default within 30 days of receiving written notice of such default from the other party. Upon any default, the party who is not in default may terminate this agreement by serving a notice of termination in writing on the other party, and the service of such notice shall not prejudice any existing right, remedy or relief of the party serving the notice. Notice 5. Any notice or consent including any invoice, statement or request or other communication (a "Notice ") herein required or permitted to be given by either party to the other shall be in writing and shall be delivered by hand or sent by registered mail (except during a postal disruption or threatened postal disruption) or by telecopier to the applicable address (and telecopier number, if applicable) set forth below: a) in the case of the City, to: The Commissioner of Building and Inspection Services, 15 Market Square, 10th Floor, City Hall Saint John, NB, E2L 4L 1 Phone: (506) 658 -2911 Fax: (506) 632 -6199 b) in the case of the Licensee, to : Saint John Shelter Ltd. 134 Taylor Ave. Saint John, N.B. E2K 3E6 132 -5- Phone: (506) 642 -0920 Fax: (506) 634 -6101 Any notice delivered by hand shall be deemed to have been validly and effectively given on the day of such delivery if delivered before 4:00 p.m. on a business day or on the next business day if delivered on a non - business day or after 4:00 p.m. on the previous business day. Any Notice sent by registered mail (except during a postal disruption or threatened postal disruption) shall be deemed to have been validly and effectively given on the third business day following the date of mailing. Any Notice sent by telecopier shall be deemed to have been validly and effectively given on the day it was sent if sent before 4:00 p.m. on a business day or on the next business day if sent on a non - business day or after 4:00 p.m. on the previous business day, Either party may from time to time by Notice to the other party change its address for service hereunder. Assignment 6. The Contractor shall not assign its rights or obligations under this Agreement without the prior written consent of the City, which consent may be unreasonably withheld. Headings 7, The Section and/or paragraph headings in this Agreement are inserted for convenience of reference only and shall not affect the meaning or interpretation of this Agreement or any provision hereof. Successors and Assigns 8. This Agreement and everything contained herein shall enure to the benefit of and be binding upon the parties hereto, their respective successors and permitted assigns, and all words in the neuter or masculine shall include the masculine and neuter respectively and also the feminine and all words in the singular shall include the plural, and vice versa, when the context so requires. Entire Agreement 9. This Agreement sets forth all the covenants, promises, agreements, conditions and understandings between the City and the Contractor concerning the Agreement and there are no covenants, promises, agreements, conditions or representations, either oral or written between them other than as are herein set forth. No subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the City or the Contractor unless reduced to writing and signed by them. Force Majeure 133 M 10. In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lock -outs, labour troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or other reason of a like nature not the fault of the party delayed in performing work or doing acts required under the terms of this Agreement, then performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay, provided however that nothing herein shall be deemed to extend any specific date set out in this Agreement. This Section shall not operate when the delay or restriction is due to the lack of or unavailability of funds Governing Law 11. This Agreement is to be governed by and construed and interpreted in accordance with the laws of the Province of New Brunswick and the laws of Canada applicable therein. Partial Invalidity 12. If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement and/or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Agreement shall be separately valid or enforceable to the fullest extent permitted by law. Time to be of the Essence 13, Time shall be of the essence of this Agreement. Waiver 14. Failure by either party hereto to require performance of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or of any other term, covenant or condition herein contained. No covenant, term or condition of this Agreement shall be deemed to have been waived by the City or the contractor unless such waiver be in writing by the waiving party. 134 -7- IN WITNESS WHEREOF the parties have affixed their corporate seals duty attested by their property authorized officers on the day and year hereinabove appearing. THE CITY OF SAINT JOHN per Mayor Common Clerk Common Council Resolution: SAINT JOHN SHELTER LTD. per Du y uthorized Signing Officer 135 M & C —2011-306 November 22, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Assent of a Public Utility Easement - 291 -293 and 295 -297 Watson Street ANALYSIS: City of Saint john An application has been received to develop two semi- detached buildings, one on each of the two parent properties. The first of the two buildings (at 291 -293 Watson Street) has been constructed and the applicant is now seeking to subdivide the building along the common wall separating the two dwelling units. The common wall conforms to the necessary standards of the National Building Code and each of the units has its own municipal service laterals and electrical service. While the Development Officer would ordinarily be in a position to endorse the final plan at this point, the subdivision plan would vest a 5 metre -wide public utility easement across the front of each part lot, as illustrated on the attached Jean Yves Boudreau Subdivision — Tentative Subdivision Plan. Consequently, the assent of Common Council is required before the plan can be endorsed. The proposed public utility easement would also extend across the front of the adjacent lot at 295 -297 Watson Street. Although construction of the second building has not commenced and the developer is not seeking subdivision approval of the second building at this time, the requested Council assent includes the easement on the presently undeveloped property to ensure that it is in place when the site is developed. Normally the vesting of public utility easements is considered in a recommendation from the Planning Advisory Committee when dealing with more significant subdivision applications. However, this matter did not require the 136 M & C — 2011 — 306 - 2 - November 23, 2011 consideration of the Committee, and the Community Planning Act does not require their involvement when dealing only with public utility easements. The vesting of the proposed easement is supported by Saint John Energy and Aliant Telecom Inc. Therefore, the assent of the proposed public utility easement is recommended. RECOMMENDATION: That Common Council assent to the submitted Jean Yves Boudreau Subdivision, in one or more phases, with respect to the proposed public utility easement. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, CGA City Manager PF Project No. 11 -225 137 PLANNING AND DEVELOPMENT /URBANISME ET DEVELOPPEMENT . \ '200 / �`` 1 �7 � � ., ~^ , �, � '�. / t6s � \gyp �� I �r♦ �` / / �` � �� `' /- - xB \, lk'M / +C ♦ sae ,oe 2 110 173/ �264 �q " Z, e` r` rP♦,�\ / r �� \\ 11, 17 1,¢�" �h S. 7D} iie � ♦ ice/ � / �♦ ,� � J '\ x,gr1 /\ \ ♦ / 41P ,ez ,7t7r ` /,ee . / sea \\ " j� x61 � �`� /,e4 // ♦ ` , � ` zu/ m / / \ \ ♦ x t�� , /ua / X2,2' ` x ✓ s \ 1xs/Osse / s ' xis' ``` \: , V3 r y R M — 1 17 ��) 4%, )� 2,0 07"0 110 ♦y� \. \ter, xsz �' CJ /w2 \ �, %w �`• / zi°�' sea � � � \ / �.'\, xa7/ •, 237/ 254 291, y / , �� \ / 211 49 25 Q0 /221 21 250 46 2 2-47 xx, YYY Co � ♦r Ci ♦r f � t 237 00 266, /2. /220 14 Subject Site/site en question: PID(s)INIP(s): 00366716 and 00364828 Location: 291 -293 and 295 -297 rue Watson Street Date: November/ novembre 22, 2011 Scale /echelle: Not to scale /Pas a 1'echelle 138 i C4 A a c y a z 6 99:9 99999 kgu 8� PO �e 4�rsa� FF F a, P Hu, d R g F @g� 6 �yh 8g� % €a n a m a Q E o T C17 m m ro� ors 9'� r vQ $a OD OD '99 a v� o O '99, H .a --g 0FiKI a 1121 0 12 w � � m � �_� (GO!j- y}p!m) 13381S NOSPdM O F =X3 G m q yai� �urc y� 4 N 4 -�-L y t vSn40 IV coo �, a o m rod y o w��pq££`mV m w p i trio- $ I� J11 8 im V €g3 Y�3' � �s "1� -v Q 66a o .°.Mn ftn qma -1-j A3 �6 8 , �S re-c ec[ Le•[ Lr'c � woc (GO!j- y}p!m) 13381S NOSPdM O F =X3 G m q 139 Cfll z 1O� i N y LA 3P o s mQ m FF�} ` i = 6 Aa IFEF 7 °Sw I w Ian y O Y e w 3& I�iS F P C� x ? ao C Sg ir Egg 139 REPORT TO COMMON COUNCIL OPEN SESSION M &C2011 -312 November 30, 2011 His Worship Ivan Court And Members of Common Council Your Worship and Councillors: SUBJECT: City of Saim John Lancaster Lagoon Wastewater Treatment Facility - Performance of Energy Management Program BACKGROUND In 2008, The City of Saint John commissioned Fundy Engineering and the Terrain Group to conduct a detailed energy audit of all wastewater and water facilities (47 facilities). The purpose of the audit was to identify potential energy saving opportunities, estimate the energy savings, and determine the potential return on investment of recommended system improvements. Based on the information provided by the detailed energy audits, staff developed a five year energy management plan for each of the 47 facilities. The plans identified all possible Energy Conservation Measures (ECM) and the associated energy savings for each of the measures. The measures were prioritized based on the return on investment (mainly payback periods) and other risks that may impact the operations of the facilities. The ultimate goal of the energy management plans is to reduce the total annual energy of all the facilities by 25 percent over a five year period. Seventy -five percent of the cost of the energy audits was funded by the Federation of Canadian Municipalities (FCM) under the Green Municipal Fund (GMF) and Efficiency New Brunswick. ANALYSIS In 2010, the City of Saint John proceeded with the implementation of the energy management plan at Lancaster Lagoon Wastewater treatment facility. Annual energy savings after the implementation of these measures was estimated to be $40,000. 140 M &C2011 — 312 - 2 - November 30, 2011 The project implemented the following Energy Conservation Measures: ➢ The supply and installation of four high efficiency 200 Horse Power (HP) motors to replace existing motors, ➢ The supply and installation of a dissolved oxygen digital control system to monitor and control the air system based on a set of parameters, ➢ The supply and installation of four Variable Frequency Drives (VFDs) to help reduce and control the amount of power produced by each motor, ➢ Energy awareness education for appropriate staff. A Measurement and Verification Plan (M &VP) was developed and implemented as part of the project to monitor the energy performance of the facility and calculate the energy savings. The energy savings were calculated by comparing the actual 2010 -2011 energy consumption to the baseline energy data (2008- 2009). Other factors, such as weather and effluent flow effects were also considered in the calculation. The M &VP determined that the actual annual energy savings was $55,000 or 694,000 KWH, which resulted in a reduction of over 560 Tons of CO2. The actual annual energy savings have exceeded the City of Saint John initial energy savings goal. It is anticipated that additional energy savings can be achieved with further optimization of the systems and minor operational adjustments within the facility. The following graph depicts the energy consumption before and after the Energy Conservation Measures were implemented: MA= F 33.%000 300,000 250,000 200,000 150,000 100,000 50,000 s 3_ Y r Lancaster Lagoon Energy Analysis Baseline KWH Current KWH 2010 -2011 141 M &C2011 — 312 - 3 - November 30, 2011 The total capital cost of implementation of these measures was $197,000 +HST. The City of Saint John received incentives for the implementation of the project, in the amount of $39,000 from Efficiency New Brunswick and an additional $39,000 from the Federal government under the EcoEnergy Retrofit Incentive program. With the energy savings of $55,000 per year being achieved, the payback period for this project is just over 2 years — an exceptional return on investment. 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 142 November 28, 2011 To. Mayor Ivan Court and Members of Common Council Re: 2012 Saint John Chinese New Year Celebration New Brunswick Chinese United (NBCU) and Chinese Students and Scholars Association (CSSA) are planning the Chinese New Year Event, with dinner and show. This event will be held on January 21, 2012 at the Saint John Trade &Convention Center. We are expecting 400 guests, including Chinese Embassy officials, New Brunswick Provincial Governmental officials, Saint John City Government officials, Provincial Education Department, Immigration officials, local business companies UNB Faculty and staff, majority Chinese students and landed Chinese immigrants, and other international students, as well as local residents. To be the representative of NBCU and CSSA, I would like to invite your involvement in helping to underwrite the costs of putting on our event by becoming a sponsor and increase your visibility in our University and Saint John Community. The detail information and the sponsorship fund list and benefit are attached, for you to easily understand, You and any other representatives of your organization would be most welcome to attend, to celebrate with us for our most important festival, and so we can thank you personally for your support. Again, we welcome your involvement in our event, and would be most appreciative of a telephone call or email to let us know of your interest. Here is our contact information: Tel: 658 -8189 E -mail: nb.cu @hotmail.com Thank you for considering being our sponsor. Sincerely, Yuki Hu ng Vice President New Brunswick Chinese United Ran Zhang President Chinese Students and Scholars Association 143 2012 Saint John Chinese New Year Celebration Event Plan Date: January 21, 2012 • Time: 5:30pm • Location: Saint John Trade & Convention Center Hosted By: New Brunswick Chinese United (NBCU) Chinese Students and Scholars Association (CSSA) 144 Subject 2012 Saint John Chinese New Year Celebration In this year, year of Dragon, we will organize an exceptional celebration with delicious and traditional Chinese reunion dinner and amazing cultural performances. For you, people in Saint John, this is a terrific opportunity to know the local Chinese community and culture. We sincerely welcome you to join us. Content The duration of the whole event will be three hours. We prepared 12 programs that include Lion Dance, Dragon Dance, Folk Dance, Talent Show, International Show (we are going to invite different cultural communities), Short Play, Pop Songs, and Choral which show Chinese traditional culture in order to increase the awareness to the local public, as well as the impacts of multi - culture in the local. Guests 350 -400 guests will be expected. There are Chinese Embassy officials, New Brunswick Provincial Governmental officials, Saint John City Government officials, Provincial Education Department, Immigration officials, local business companies UNB Faculty and staff, majority Chinese students and landed Chinese immigrants, and other international students, as well as local residents. Sponsorship We are grateful if you would like to be our sponsors for this extraordinary event. There will be many benefits provided for sponsors. A VIP sponsor can get the Name Right of this event and have 5mintue °s greeting speech (or video show) at the beginning of the event. Its brand name, company introductions, and logos will be presented on event ticket, promotion banner on the site, performance lists, event posters and event table stands. In addition, we invite local media, CTV, CBC broadcast, Telegraph Journal to promote and advice our event to the public. We believe it is a great opportunity to increase your brand awareness in the local public and corporate with other local business, while you support our community, 145 2,012 SAINT JOHN CHINESE NEW YEAR CELEBRATION SPONSORSHIP BENEFITS Title Sponsor ($6000 and up) ✓ Sponsors' name will be titled with the event name which will be placed at the middle of the stage. ✓ Sponsors can display their products and brochures in the event venue. ✓ Sponsors' name will be appeared each event hosted by NBCU and CSSA during the year of 2012. Sponsors' promotion information will be distributed alone within our community. ✓ Sponsors' representative will give a short greeting before the dinner. ✓ Short Video Presentation during reception and dinning. (Sponsor must provide the video) Displayer Sponsors' Promotional Banner on site. (Sponsor must provide own banners) ✓ Logo and Name will be printed on event tickets. ✓ Logo and Name will be printed on performance list. ✓ Logo and Name will be printed on event posters. ✓ Logo and Name will be printed on event table stands. ✓ Special thanks will be given during the event. Eight free tickets of the Chinese New Year Performance. $3,000 and above ✓ Short Video Presentation during reception and dinning. (Sponsor must provide the video) ✓ Displayer Sponsor's Promotional Banner on site. (Sponsor must provide own banners) ✓ Logo and Name will be printed on event tickets. ✓ Logo and Name will be printed on performance list. ✓ Logo and Name will be printed on event posters. ✓ Logo and Name will be printed on event table stands. ✓ Special thanks will be given during the event. ✓ Four free tickets of the Chinese New Year Performance $2,000 — $29999 ✓ Displayer Sponsor's Promotional Banner on site. (Sponsors provide own banners) ✓ Logo and Name will be printed on event tickets. ✓ Logo and Name will be printed on performance list. ✓ Logo and Name will be printed on event posters. ✓ Logo and Name will be printed on event table stands. ✓ Special thanks will be given during the event. ✓ Three free tickets of the Chinese New Year Performance 146 $19000 - $19999 ✓ Logo and Name will be printed on event tickets. ✓ Logo and Name will be printed on performance list. ✓ Logo and Name will be printed on event posters. ✓ Logo and Name will be printed on event table stands. Special thanks will be given during the event. ✓ Two free tickets of the Chinese New Year Performance $500 -$999 ✓ Logo and Name will be printed on event posters. ✓ Logo and Name will be printed on performance list. ✓ Special thanks will be given during the event. ✓ One free ticket to the Chinese New Year Performance $150-$499 ✓ Logo and Name will be printed on performance list. ✓ Special thanks will be given during the event. ✓ One free ticket to the Chinese New Year Performance 147 Musamose NEW BRUNSWICK CHINESE UNITBC New Brunswick Chinese United (NBCU) was incorporated at the end of 2007. The organization was approved by the government of New Brunswick in which a non- political, non - religious, and non- profit organization. The organization has individual members and group members. Each individual or group is qualified to be a member if the individual or group loves Chinese culture, accepts and complies with the constitution of the organization, and pays membership fees. The organizations purpose: to unite all Chinese in the community and work closely with local government, government agencies, other organizations and the local community as a whole to help Chinese immigrants to settle down, growing families, grow business contacts and stay in New Brunswick. The organization also helps Chinese students and solves the problems that arise from studying, living and working here. The main focus of this non - profit organization is to help increase the population in the province of New Brunswick by helping most of newly -- landed immigrants stay in New Brunswick. On the other hand, NBCU is responsible for spreading Chinese culture in local society, for multicultural communication. We welcome local people and everyone from other cultural background to join us, who is interested in Chinese Cultural, and also for cultural exchange. NBCU will also organize some Chinese culture based activities periodically and celebrate Chinese traditional festivals. It can enrich entertainment in the local community, and promote communication among people, families and organizations. NBCU hopes to create a family environment for Chinese people who are living, studying and working in New Brunswick. We also will build a bridge between Chinese families and local families, in order to improve local multicultural environment. .• W ,. UNB ,� ittt J«TI)l [Chinese Students & Scholars Association Chinese Students and Scholars Association (CSSA) of UNBSJ was directed by Chinese embassy in Ottawa and University of New Brunswick in 2003. Our Association is a non - profit organization. Our mission is to promote the cultural appreciation; strengthen the cultural awareness; enrich students and scholars' life; exchange friendship with the local community; provide and create cultural activities; help people who need us. CSSA functions not only as a model for Chinese students, but rather as a bridge, as a head of all international groups. It will dedicate to create as much opportunities as it can for all the international students in UNBSJ. Our Chinese students take more than 15 percent of all students in UNBSJ. Within no more than two years it has achieved more than 200 members. As it is still a young representative of Chinese students in UNBSJ, all our members of committees are still learning, and we try to make it a better student body for the whole within Chinese community in the city of Saint John. CSSA truly believe that all the Chinese international students need not only to know Canadian culture but also to be involve in the local as well. We will have to reach out to different culture varieties with other catch every possible chance for our future career paths in the city. As the friendship warming up with all the Canadian friends from both inside and outside of university, as international students, we feel the gentle, and friendly environment of Saint John; here I would like to represent all the Chinese Student in UNBSJ say thank you so much to all the friends for many things you have helped us. In the future, I just want to say: let's know each other more, and let's know each other better. Together I believe we can build a home away from home not only for Chinese students but also for all the international students who are away from home. 149 REPORT TO COMMON COUNCIL M &C2011 -316 December 2, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Amendment to Land Exchange Agreement — New Brunswick Housing Corporation BACKGROUND M. The City of Saint John Common Council meeting on December 20, 2010 authorized a Land Exchange Agreement between the City and New Brunswick Housing Corporation (NBHC) in connection with Harbour Clean -up and the construction of Sewer Lift Station #8 at the corner of Crown and Queen Streets. Included in that Land Exchange Agreement was a clause (clause 4) requiring the City to convey to NBHC, City lands situate on Churchill Boulevard, PID #55160691 (Parcel 3): "4. The City shall convey to the Corporation good and marketable title to Parcel 3; provided that NBHC shall at the time of sale to a bona fide purchaser of any lands which comprise Parcel 3 pay to the City a proportionate share of the purchase price based upon the following calculation: the area of Parcel 3 divided by the area of the lot created by NBHC containing Parcel 3 (new lot) multiplied by the purchase price paid by a bona fide purchaser divided by two. The closing shall take place no later than the conveyance of Parcel 1 or the conveyance of Parcel 2, whichever event shall first occur. This clause shall survive the conveyance of Parcel 3." Since December, 2010, further discussion has taken place between staff of the City and NBHC concerning Parcel 3. It is now anticipated that the possible use of Parcel 3 contemplated last year is no longer an option. To that end City staff and staff at NBHC wish to remove Parcel 3 from the Land Exchange Agreement approved in December, 2010. It is anticipated that another development needing Parcel 3 will be placed before Common Council in due course. 150 M & C 2011 — 316 Page 2 December 5, 2011 RECOMMENDATION: That the Land Exchange Agreement between The City of Saint John and New Brunswick Housing Corporation authorized by Common Council resolution adopted December 20, 2010 be amended as follows: 1) Delete clause 4 in its entirety together with all references in the Land Exchange Agreement to lands designated PID 55160691 (Parcel 3). Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning & Development Patrick J. Woods, F.C.A. City Manager 151 io, I BY -LAW NUMBER C.P. 110 -183 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 780 square metres, located at 876 -880 Manawagonish Road, also identified as being PID No. 00403089, from "R -2" One and Two Family Residential to "R -4" Four Family Residential - 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. 2011 and signed by: Mayor/Maire ARRETE No C.P. 110 -183 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 d6cret6 cc qui suit : L'arret6 sur le zonage de The City of Saint John, d6cr&6 le dix -neuf (19) d6cembre 2005, est modif.6 par: 1 La modification de Pannexe <A», Plan de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain d'une superficie d'environ 780 metres carres, situ6e au 876- 880, chemin Manawagonish, et portant le NH) 00403089, de zone r6sidentielle — habitations unifamiliales et bifamiliales <<R -2» a zone r6sidentielle — habitations de quatre logements <<R -4» - toutes les modifications soot 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 present arrdte le 2011, avec les signatures suivantes Common Clerk/Greffiere communale First Reading - November 21, 2011 Second Reading - November 21, 2011 Third Reading Premi6re lecture - le 21 novembre 2011 Deuxi6me lecture - le 21 novembre 2011 Troisieme lecture - 152 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 4t /s G f y � \ z ,$b -o 4�4 FROM 1 DE / \ q T y 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 Applicant: Dwight Cummings Location: 876880 chemin Manawagonish Road PID(s)INIP(s) 00403089 06N66SE Drawn By /Creee Par: David Couture Date Drawn /Carte Creee: December 1 decembre, 2011 Considered by P.A.C.Iconsidere par le C.C.U.: November 15 novembre, 2011 Enacted by Council /ApproM par le Conseil: Filed in Registry Office /Enregistre le: By -Law #IArrete #: 153 BY -LAW NUMBER C.P. 110 -184 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 9 hectares, located at 125 Gault Road, also identified as being PID No. 00403535, from "RSS" One Family Serviced Suburban Residential and "RF" Rural to "R -2" One and Two Family Residential and "B -2" General Business pursuant to a resolution adopted by Common Council 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. 2011 and signed by: Mayor/Maire ARRETE No C.P. 110-184 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 ddcrdtd 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 d'une parcelle de terrain d'une superficie d'environ 9 hectares, situde au 125, chemin Gault, et portant le NID 00403535, de zone rdsidentielle de banlieue desservie — habitations unifamiliales «RSS» et zone rurale <<RF>> a zone residentielle — habitations unifamiliales et bifamiliales <a- 2» et zone commerciale generale <<B -2» conformement a une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur Purbanisme - toutes les modifications sont indiqudes sur le plan ci joint et font partie du present arretd. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2011, avec les signatures suivantcs Common Clerk/Greffiere communal First Reading - November 21, 2011 Second Reading - November 21, 2011 Third Reading - Premiere lecture - le 21 novembre 2011 Deuxieme lecture - le 21 novembre 2011 Troisidme lecture 154 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 Nt C,; % I' c� r � ti FROM 1 DE TO 1 A RSS R -2 One Family Serviced Suburban One and Two Family Residential Residential 1 zone residentielle 1 zone residentielie- habitations de banlieue deservie- habitations unifamiliales et bifamiliales unifamiliales RF B -2 Rural 1 zone rurale General Business 1 zone Commerciale generale 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 Loi sur Furbanisme Applicant: Hughes Surveys & Consultants Ltd. (for Lois Ellis) Location: 125 chemin Gault Road PID(s)INIP(s) 00403535 06N55SW Drawn By /Creee Par: Date Drawn /Carte Creee: David Couture December 1 decembre, 2011 Considered by P.A.C./considere par le C.C.U.: November 15 novembre, 2011 Enacted by Council /Approuve par le Conseil: Filed in Registry Office /Enregistre le: By -Law #IArrete #: 155 \ C), I C U) Section 39 Conditions --125 Gault Road That, pursuant to the provisions of Section 39 of the Community Planning Act, the use and development of the parcel located at the intersection of Gault Road and Manawagonish Road to be rezoned to "B -2" be subject to the following conditions: a. That any access to the site be only via Gault Road; b. That the use of the site be limited to the following: L a bank or financial institution; ii. a bakery; iii. a convenience store; iv. a day care centre; V. a personal service shop; vi. a repair service shop; Vii. a restaurant (excluding a drive - through); Viii. a retail store; ix. an office; and X. a gasoline bar, subject to such terms and conditions as may be imposed by the Planning Advisory Committee. c. That the gross floor area of the structures on the site be limited to a maximum of 1,000 square metres. 156 BY -LAW NUMBER C.P. 110 -185 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 15 hectares, located at 1515 Loch Lomond Road, also identified as being RID No. 55210413, from "RS -2" One and Two Family Suburban Residential to "R -2" One and Two 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. ARRETE No C.P. 110 -185 ARRETE MODIFLANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a ddcrdte ce qui suit : L'arretd sur le zonage de The City of Saint John, ddcrdtd le dix -neuf (19) ddcembre 2005, est modifid par: 1 La modification de 1'annexe «A >>, Plan de zonage de The City of Saint John, permettant de modifier la ddsiguation pour une parcelle de terrain d'une superficie d'environ 15 hectares, situde au 1515, chemin Loch Lomond, et portant le NID 55210413, de zone rdsidentielle de banlieue — habitations unifamiliales et bifamiliales «RS -2» a zone rdsidentielle — habitations unifamiliales et bifamiliales «R -2» conformdment a une resolution adoptde par le conseil municipal en vertu de Particle 39 de la Loi sur Purbanisme - toutes les modifications sont indiqudes sur le plan ci joint et font pantie du prdsent arretd. IN WITNESS WHEREOF The City of EN FOI DE QUOI, The City of Saint John Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2011 and signed by: Mayor/Maire a fait apposer son sceau communal sur le prdsent arretd le 2011, avec les signatures suivantes Common Clerk/Greffidre communale First Reading - November 21, 2011 Premidre lecture - le 21 novembre 2011 Second Reading - November 21, 2011 Deuxidmc lecture - le 21 novembre 2011 Third Reading - Troisieme lecture - 157 PLANNING AND DEVELOPMENT 1 URBANISME ET DEVELOPPEMENT REZONING l 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 \4 F FROM 1 DE TO 1 A RS -2 R -2 One and Two Family Suburban One and Two Family Residential Residential 1 zone residentielle ' 1 zone residenti ell e- habitations de banlieue- habitations unifamiliales unifamiliales et bifamiliales et bifamiliales 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 Loi sur Furbanisme Applicant: Genivar on behalf of 654101 NB Limited. Location: 1515 chemin Loch Lomond Road PID(s)INIP(s) 55210413 07P21 NW Drawn By /Creee Par: Date Drawn /Carte Creee: David Couture December 1 decembre, 2011 Considered by P.A.C.Iconsidere par le C.C.U.: November 15 novembre, 2011 Enacted by Council /Approuve par le Conseil: Filed in Registry OfFce /Enregistre le: By -Law #IArrete #: 158 TO COMMON COUNCIL M &C -2011 -305 November 23, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Section 39 Conditions 1515 Loch Lomond Road BACKGROUND: City of Saint John On November 21, 2011 the public hearing was held concerning the above noted rezoning application for 1515 Loch Lomond Road, PID No. 55210413. Common Council gave 1St and 2nd reading to the rezoning and requested a report recommending appropriate Section 39 conditions. ANALYSIS: In response to neighbourhood concerns and applicant consultation, should Council grant this rezoning, a minimum interior lot width of 20 metres for one and two family dwellings on interior lots could be established as a condition of the rezoning. In addition, the staff recommendation that direct driveway access not be permitted to Loch Lomond Road from any proposed new residential lots should also be established as a condition of the rezoning. RECOMMENDATION: That, should Common Council decide to give third reading to the proposed rezoning of 1515 Loch Lomond Road, the following Section 39 resolution be adopted: 159 M&C- 2011 -209 - 2 - November 23, 2011 "'That, pursuant to Section 39 of the Community Planning Act, the proposed development of a parcel of land with an area of approximately 14.6 hectares, located at 1515 Loch Lomond Road, also identified as PID No. 55210413, be subject to the following conditions: a) Notwithstanding section 220(2) (b) of the Zoning Bylaw, the minimum interior lot width for one or two family dwellings shall be a minimum of 20 metres; and b) That direct driveway access not be permitted to Loch Lomond Road from any proposed new residential lots "_ Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development SF Project No. 11 -276 P trick Woods, CGA City Manager 160 Dec 1, 2011 To: Deputy Mayor and Members of Common Council From: Mayor Ivan Court Re The Josselyn Road If the proposed Knights of Columbus housing project off of Loch Lomond Road should receive funding, I would request that the City Manager bring forward a report identifying the cost of upgrading the existing portion of Josselyn Road to the current municipal standard. Mayor Ivan Court 161 Cit Ha11 Y 15 Market Square November 29, 2011 Mayor Court and Common Council, P.0 Box I971 Saint john New Brunswick Canada E2L 4LI 21 City of Saint Joan Motion: That Council have the City Manager direct appropriate staff to facilitate public consultation sessions for our citizens and Saint John Transit officials; and that these public consultations should occur sooner rather than later. With Respect, (Received via email) Councillor Patty Higgins 162 City Hall 15 Market Square November 29, 2 011 Mayor Court and Common Council, P.O. Box 1971 Saint john New Brunswick Canada E2L 4L1 11 City of Saint John I believe we may have made a shotgun decision when we cut our Saint John Transit bus service. Since that time, we have received information that was unavailable before the vote, that being the increase in our tax base. Motion: That Council revisit the decision to cut public transit - a vital service to our citizens and our City. With Respect, (Received via email) Councillor Patty Higgins 163 City Hall E.O. Box 1971 15 Market Square saint John New Brunswick Canada E2L 4L1 Your Worship Mayor Ivan Court and Members of Common Council Re: Saint John Trade & Convention Centre need for Revitalization 1.1 City of Saint John Approximately 7 years ago Common Council was advised that our Trade & Convention Centre was starting to lose business to the other Atlantic Provinces because of their attractiveness of their modern, or in some cases new, Trade & Convention Centres. The number of bookings for next year is even worse than 2011 and so far 2013 is not looking very positive either. It is common knowledge that our Trade & Convention Centre used to bring approximately $240 million dollars each year into our local economy by supporting the hotels, restaurants, bars, art & craft shops, taxis and the many people they employ. These are very important dollars invested in our City that keep a large number of our citizens employed and therefore able to stay in our City. The many people who work and invest in our City need the work that the Trade & Convention Centre brings to our City and they count on Common Council to do everything in its power to keep a modern facility in order to attract such business. This Council has earmarked its share of the upgrade to the tune of over $3 million dollars and is waiting for the other 2 levels of government to agree to do the same. Since the Trade & Convention Centre is such an important economic driver for our City that needs an upgrade to be done sooner rather than later, I move that Council agrees to fund the much needed upgrades to our Trade and Convention Centre if the Province and Federal Governments agree to cost share their portion over a two to four year period. further move that the Mayor, City Manager, Commissioner of Finance and any interested member of Common Council meet with the other two levels of Government to express the importance of the Trade and Convention Centre upgrade to our City and our willingness to commit to fund the T &CC upgrade "up front" at the earliest time possible. Respectfully, (Received via email) Bill Farren Councillor The City of Saint John 164 City Hall 15 Market Square December 5, 2011 Your Worship Mayor Ivan Court & Members of Common Council: P.O. BOX 1971 Saint John New Brunswick Canada E2L 4L1 Issue: Building Proactive Policy Utilizing 2011 Citizen Survey Result Context: tis City of Saint John • The most significant issue identified by citizens within the 2011 Citizen Survey was the condition of our road infrastructure system. • Citizen "satisfaction" with road conditions is a "satisfaction" variable which is trending down. • Obviously during our upcoming 2012 Budget deliberations, Council has the ability to address this citizen issue in a more aggressive fashion. • That the possibility of new tax revenue generated from the newly established Provincial Justice Complex be directed to road enhancement be considered. Motion: That during the upcoming 2012 Budget deliberations, Council utilize the data identified by the 2011 Citizen Survey and aggressively support a strong financial investment into our road infrastructure system. WMGuir y s b itted, r Councillor — City of Saint John 165 REPORT TO COMMON COUNCIL OPEN SESSION M &C2011 -313 December 5, 2011 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT City of Saint John Demolition of a vacant and dilapidated building at 498 Green Head Road (PID 406827) BACKGROUND The building at 498 Green Head Road is a one and one -half storey single - family residential building that has been vacant for a number of years. The building poses a hazard to the safety of the public due to its dilapidation and vacancy and the premise is unsightly because of the building's deteriorated condition and because of the debris and rubbish that are easily viewed on the premise. The building was noted as being vacant in October 2009, but the building is known to have been vacant for many years prior to that date. It has been left unsecured from entry to the public. During one inspection, it was noted that the water had not been shut off at the building and this lead to excessive water damage to the lower floor. The building is severely dilapidated, as debris and fallen plaster are covering the ground floor of the building. This poses a tripping hazard to anyone who may enter the building and due to the water damage, there is extensive mold in the building. Further, the roof has several holes that are allowing the elements to infiltrate the building's structure, and this is accelerating the overall deterioration of the building, and possibly weakening its structural elements. There are several broken windows and the paint is peeling and/or weathered at all locations of the building's exterior. Overall, the exterior of the building is in poor condition and it is unsightly. The front porch area of the house is structurally unsound as the front deck has deteriorated to a point where the integrity of the porch roof structure has been compromised. At the rear of the building, the shed roof has started to fail. The hazards at the building are amplified because the building has been left open to public entry and anyone may enter onto the porch or enter into the building and be unaware of the hidden hazards. Often, buildings that are vacant attract unwanted attention, including vandalism and arson. 166 M & C 2011 —313 - 2 - December 5, 2011 Due to the hazards to the safety of the public as outlined above, regarding the building being vacant and/or unoccupied, dilapidated and structurally unsound, a Notice to Comply was served to the registered property owner on October 4, 2011 by posting the document on the building. The Notice required compliance within 45 days of service and provided 14 days for the owner to appeal. No appeal to the Saint John Substandard Properties Appeal Committee was received. Contact with the registered property owner has not been possible. The last known address for the owner is in the United States and the Notice to Comply that was issued was sent for personal service via process server at that address, but service was unsuccessful. An extensive search for an alternate address, or a phone number also failed to yield any successful results. The building was posted with the Notice to Comply, and is considered sufficient service under Section 190.011 of the Municipalities Act. Attached for Council's reference is the Notice to Comply that was issued, an affidavit attesting to the posting of the Notice to Comply at the building and an affidavit of unsuccessful service on the owner, as well as photographs of the building. The Municipalities Act indicates that where a Notice to Comply has been issued arising from a condition where a building has become a hazard to the safety of the public by reason of dilapidation, unsoundness of structural strength, or being vacant or unoccupied, the municipality may cause the structure to be demolished. As required in the Act a report from an engineer is attached, forming part of the issued Notice to Comply, and provides the evidence to the building's dilapidation, structural unsoundness, vacancy, and hazard to the safety of the public. As is written in the Act that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior to starting demolition activities at this property. The cost of demolishing the building is estimated to be $10,000 - $15,000 and could be complete within the next 8 weeks. As provided in the Act, the cost of the remedial actions will be billed to the registered property owner. If the bill remains unpaid, a request will be made to the Minister of Finance for the Province, asking that the City be reimbursed for the cost of the work. RECOMMENDATION Your City Manager recommends that Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings By -law, arrange for the demolition of the building at 498 Green Head Road, PID # 406827, in accordance with the applicable City purchasing policies. 167 M & C 2011 —313 - 3 - December 5, 2011 Respectfully submitted, Pamela Bentley, P.Eng. Technical Services Engineer Buildings and Inspection Services Amy Poffenroth, P.Eng. MBA Deputy Commissioner Buildings and Inspection Services Patrick Woods, CGA City Manager AFFIDAVIT OF NON- SERVICL Service of a Notice to Comply with Supporting Documents Case Number: NIA For: Stewart Handrehan, Eit Buildings and Inspection Services 15 Market Square 10th Floor Saint John, NB E21- 1 E8 Received by ATTORNEYS SUBPOENA SERVICE, INC. on the 7th day of November, 2011 at 3:34 pm to be served on WAYNE JOSEPH LEBLANC, 2336 DOVER AVENUE, FORT MYERS, LEE County, FL 33907. I, Edward Modersohn, being duly sworn, depose and say that on the 8th day of November, 2011 at 6:20 pm, I: NON - SERVED - DILIGENT: After due search, careful inquiry and diligent attempts, we were unable to serve the Service of a Notice to Comply with Supporting Documents on WAYNE JOSEPH LEBLANC at the address of: 2336 DOVER AVENUE, FORT MYERS, LEE County, FL 33907 for the reasons detailed in the comments below. Additional Information pertaining to this Service: THE CURRENT RESIDENT, DUCASS, LIVES AT THE ASSIGNED ADDRESS. THE DEFENDANT IS NOT KNOWN. I certify that I am over the age of 18, have no interest in the above action, and I am a Certified Process Server, appointed by the Chief .fudge, in good standing, in the 20th Judicial Circuit of Florida, in which the process was served. Signed in the State of FLORIDA. Notary not required pursuant to FS 92.525. Subscribed and Sworn to before me on the the 9th day of November, 2011 by the affiant who is personally known to me. NOTARY PI BLI ATTORNEYS SUBPOENA SERVICE, INC. 22851st Street Fort Myers, FL 33901 (239) 337 -3783 Our Job Serial Number: CPA - 2011007863 NOTARY PUBLIC -STATE OF FLORIDA A��.� Cheryl Parker Averill ll : COMmiissian # EE114829 ' EKPk s: AUG. 43, 2015 Copyright ®1992 -2011 Datahase Services, Inc - Process Servers Toolbox vs.arre BMW MUATLOT[CSOINDING CCL, INQ 169 CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN IN THE MATTER OF THE BUILDING THAT IS LOCATED AT 498 GREEN HEAD ROAD, SAINT JOHN, N.B. (PID number 406827) SOLEMN DECLARATION OF SERVICE I, Darryl Berube, of Quispa psis, N.B., Make Oath And Say As Follows: 1. I am employed by The City of Saint John in its Buildings and Inspection Services Department. I have personal knowledge of the matters herein deposed except where otherwise stated. 2. On 4t' day of October 2011, at approximately 2 :21 p.m., I posted a copy of the attached Notice to Comply, marked Exhibit "A" and a copy of the attached Notice of Appeal, marked Exhibit "B" next to the door of the building that is located at 498 Green Head Road, Saint John, N.B. Attached hereto marked Exhibit "C" and Exhibit "D" are photographs taken at the time of the posting. Solemnly Declared before me at the City of Saint John, N.B., on the �j ay; of (1.a , A ., ® L.. 2011 a ,��:tzsti 170 This is Exhibit `H+" M H BENTI- le,f,errecf to in the Affidav' of PAMELA �. 'r�� , jr COMMISSIONER O� OATHS MY CO ON EXPIRES � e ore me at the City of pECE MB�R 3 Saint„ hn, New Bnrnswi k /&heay of a/ FORM 1 � `Commissioner of Oaths RMULE 1 NOTICE TO COMPLY AMS DE CONFORMIft (Municipalities Act, R.S.N.B. 1973, (Loi sur les municipalfeds, L.R.N. -B. de 1973, c.M -22, s.190.01(3)) ch. M -22, par. 190.01(3)) Parcel Identifier: 406827 Numdro d'identification de la parcelle : 406827 Address: 498 Green Head Road, Saint John, New Adresse : 498, chemin Green Head, Saint John, Brunswick Nouveau - Brunswick Owner(s) or Occupier(s): Name: LeBlanc, Wayne Joseph Address: 2336 Dover Avenue, Fort Meyers, Florida, United States, 33907 -4219 Municipality issuing notice: The City of Saint John By -law contravened: Saint John Unsightly Premises and Dangerous Buildings By -Law, By -law Number M- 30 and amendments thereto (the "By- law"). Provision(s) contravened: Paragraphs 190.01(1)(a), 190.01(1)(d), 190.01(1.1) and 190.01(2) of the Municipalities Act, and amendments thereto. Description of condition(s): The premises are unsightly by permitting rubbish, and a dilapidated building to remain on the premises. The building has become a hazard to the safety of the public by reason of being vacant or unoccupied, and, has become a hazard to the safety of the public by reason of dilapidation and unsoundness of structural strength. The condition of the building and premises are described in Schedule "A ", a true copy of the inspection report dated September 30, 2011 prepared by Stewart Handrahan, By -law Enforcement Officer and reviewed by Pamela Bentley, P.Eng., By -law Enforcement Officer. Remedy or remedies required: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premises into compliance with the aforesaid By -law. In the event that the owner does not remedy the condition of the building and the premises in the time prescribed by this Notice to Comply, the building may be demolished as the corrective action to address the hazard to the safety of the public and the premises may be cleaned up. In the event of demolition, all debris and items on the premises will be disposed of as the corrective action to address the hazard to the safety of the public. The aforementioned remedial actions relating to the demolition of the building and the disposal of debris and items on the premises do not include the carry -out clean- up, site rehabilitation, restoration of land, premises or personal property or other remedial action in order to Propri6taire(s) on occupant(s) : Nom: LeBlanc, Wayne Joseph Adresse : 2336, avenue Dover, Fort Meyers, Floride, $tats -Unix, 33907 -4219 Municipalit6 signifiant 11 avis : The City of Saint John Arret6 enfreint : Arretd concernant les bdtiments inesthdtiques ou dangereux de The City of Faint John, Arrdt6 numdro M -30, ainsi que ses modifications ci- affdrentes (1' « Arrdtd 0. Disposition(s) enfreinte(s) . Les paragraphes 190.01(1)(a), 190.01(1)(d), 190.01(1.1) et 190.01(2) de la Loi sur les municipalites, ainsi que les modifications aff6rentes. Description de la (des) coudition(s) : Les lieux sont inesth6tiques en permettant is pr6sence de d6tritus et du fait de la pr6sence d'un batiment d6labr6. Le bitiment est devenu dangereux pour la s6curit6 du public du fait de son inhabitation ou de son inoccupation, et, est devenu dangereux pour la s6curitd du public du fait de son delabrement et de son manque de soliditd. La condition du bdtiment et des lieux sont d6crites 6 P annexe c A », une copie conforme du rapport d'inspection en date du 30 septembre 2011 et pr6par6 par Stewart Handrahan, un agent charg6 de 1'ex6cution des arretds municipaux et revis6 par Pamela Bentley, ing., une agente charg6 de 1'exdcution des anttds municipaux. Mesure(s) i prendre : Le propri6taire doit restaurer les conditions en se conformant aux recommandations du rapport d'inspection susmentionn6 et d'amener le bfitiment et les lieux en conformitds avec I'Arrdtd. Dans 1'6ventualit6 que la propri6taire ne rem6dient pas les batiments et les lieux dans le temps prescrit par le pr6sent avis de conformit6, le batiment pourra dire d6moli comme mesure corrective compte tenu qu'il reprdsente un danger pour la s6curit6 du public et les lieux pourront titre nettoy6s. Dans 1'6ventualit6 de d6molition, tous les debris et autres items sur les lieux seront dispos6s comme mesure corrective dans le but de rem6dier le danger pour la s6curit6 du public. Les mesures correctives susmentionn6es relativement i la d6molition du bgtiment et la disposition des ddbris et autres items sur les lieux ne comprennent pas le nettoyage, la remise en 6tat des lieux, des terrains ou des biens personnels ou toute autre mesure corrective 171 control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. Date by which the remedy or remedies must occur: i a) The demolition of the building, clean -up of the property and related remedies must be complete, or plans and permit applications for repair related remedies, must be submitted: within 45 days of being served with the Notice to Comply. b) The repairs related remedies must be complete: within 90 days of being served with the Notice to Comply. Date by which notice may be appealed: Within 14 days of being served with the Notice to Comply. Process to appeal: The owner may within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City HaII — 8`h Floor, 15 Market Square, Saint John, New Brunswick, EM 4L1. Potential penalty for eon - compliance within specified time.2 Paragraph 190.03(l) of the Municipalities Act states that a person who fails to comply with the terms of the Notice to Comply given under Section 190.011 of the said Act, commits an offence that is punishable under Part H of the Provincial Offences Procedure Act as a category F offence. Where an offence under paragraph 190.03(l) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph 190.03(1.2)(b)(i). Municipality's authority to undertake repairs or remedy:3 Subparagraphs 190.04(1)(a), 190.04(1)(a.1) and 190.04 (1)(b) of the Municipalities Act states that if a Notice to Comply has been given under section 190.011 of the said Act and that an owner or occupier does not comply with the Notice to Comply, as deemed confirmed or as confirmed or modified by a committee of council or a judge under section 190.021 of the said Act, within the time. set out in the Notice to Comply, the municipality may, cause the premises of that owner or occupier to be cleaned up or repaired, or cause the building of that owner or occupier to be repaired or demolished, and the cost of carrying out such work, including any related charge or fee, is chargeable to the owner or occupier and becomes a debt due to the municipality. dans le but de contr6ler ou de r6duire, d'61iminer le d6versement, de modifier le mode de d6versement ou le d6versement d'un polluant dans ou sur Fenvironnement ou toute pantie de Penvironnement. Date i laquelle la on leg mesures doivent titre prisesi : a) La demolition du bitiment et le nettoyage des lieux doivent titre compl6t6s, ou les plans et demande de permis pour les mesures des r6parations doivent titre soumises dans les 45 jours qui suivent la signification de Pavis de conformit6. b) Les r6parations reli6es aux mesures doivent titre compl6t6es dans les 90 jours qui suivent la signification de Pavis de conformit6. Date i laquelle un appeI de l'avis pent titre d6pos6: Dans leg 14 jours qui suivent la notification de Vavis de conformit6. Processus d'appel : Le propridtaire peut dans leg 14 jours qui suivent la notification de Vavis de conformit6, envoy6 un avis d'appel par courtier recommandd it la greffidre communale de la municipality, i The City of Saint John, $difice de I'h6tel de ville, 8` 6tage, 15 Market Square, Saint John, Nouveau- Brunswick, E2L 4LL P6naliti possible pour non- conformit6 dans le d6lai prescrit2 : Le paragraphe 190.03(1) de la Loi sup des municipalites pr6voit quiconque omet de se conformer aux exigences fonnul6es dans un avis de conformit6 notifid aux termes de Particle 190.011 de ladite loi, commet une infraction qui est punissable en vertu de la Partie H de la Loi sup la procedure applicable aux infractions provinciales a titre d'infraction de la classe F. Lorsqu'une infraction pr6vue au paragraphe 190.03(1) se poursuit pendant plus d'une journde, l'amende minimale qui peut titre imposee est Famende minimale prdvue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipliee par le nombre de jours pendant lesquels l'infraction se poursuit conformdment A I'alin6a 190.03(1.2)(b)(i). Pouvoir de In municipality d'entreprendre leg riparations on de prendre leg mesures3 : Conformdment aux alineas 190.04(1)(a), 190.04(1)(a.1) et 190.04(1)(b) de la Loi sur les municipalites, si un avis de conformit6 a 6t6 signifi6 aux termes de Particle 190.011 de ladite loi et, que le propridtaire ou Poccupant ne se conforme pas & cet avis de conformit6 dans le delai imparti et tel qu'il est r6put6 confrm6 ou tel qu'il est confirmd ou modifi6 par un comit6 du conseil ou par un juge en vertu de Particle 190.021 de ladite loi, la municipalite peut faire nettoyer ou r6parer leg lieux de ce propridtaire ou de cet occupant ou de faire reparer ou d6molir la propri&6 de ce propridtaire ou de cet occupant, et les frais relatifs 6 1'ex6cution de ces travaux, y compris toute redevance ou tout droit affdrent, sont A la charge du propri6taire ou de 1'occupant et deviennent une cr6ance de la municipality. 172 Dated at Saint John the '�D day of September, 2011. Municipality: The City of Saint John Signature of Municipal Officer: Municipal Officer's Contact information: Name: Stewart Handrahan Mailing address: Buildings and Inspection Services Department The City of Saint John 15 Market Square City Hall Building, 10" Floor P. O. Box 1971 Saint John, New Brunswick E21, 4L1 Telephone: (506) 658 -2911 Telecopier: (506) 632 -6199 Email: Seal of Notes: 1. All appropriate permits must be obtained and all relevant legislation must be complied with in the course of carrying out the required remedial action. 2. Payment of the fine does not alleviate the obligation to comply with the by -law, standard or notice to comply. 3. Costs become a debt due to the municipality and may be added to the joint municipal and provincial Real Property Assessment and Tax Notice. Fait a Saint John 0vseptembre, 2011. Municipalit6 : The City of Saint John Signature du representant municipal: Coordonnees du repr6sentant municipal: Nom : Stewart Handrahan Adresse postale: D6partement aux services d'inspection et des b6timents The City of Saint John 15 Market Square Edifice de Photel de ville, 10' 6tage Case postale 1971 Saint John (Nouveau- Brunswick) E21, 4L1 T616phone : (506) 658 -2911 T616copieur : (506) 632 -6199 Courriel: Stewart.handrahan@saint ohn.ca Sceau de la municipalit6 Notes : 1. Tous les permis prescrits doivent gore obtenus et toute la legislation pertinente doit &m respectee, pendant 1'exdcution de 1a mesure de recours. 2. Le paiement de Pamende n'annule pas l'obligation de respecter 1'arrgtd, la norme ou Pavis de eanformitd. 3. Les cofits deviennent une deft envers la municipality et peuvent gtre ajoutds A Pavis d'dvaluation et d'imp8t foncier municipal et provincial. 173 INSPECTION REPORT Schedule "A" I hereby certify that that dnd urrrenft is a true copy Offthe on&d. John 498 Green Head Road 13 ted at Saint Saint John, New Brunswick ., PID# 406827 Inspection Date: July 27, 2011 Inspector: Stewart Handrahan Introduction An inspection of the property noted above has revealed that the only building on the Property is unsightly, vacant and unoccupied, dilapidated, and structurally unsound. The one and one -half storey building is of wood frame construction and has been reported to be vacant since at least April 7, 2009. Discussion The building and property are not in compliance with the Saint John Unsightly Premises and Dangerous Buildings By -law, By -law Number M -30, (the "By- law'). Unsightly Premise Conditions Paragraph 190.01(1)(a) of the Municipalities Act states: No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises any ashes, junk, rubbish, or refuse. The premise is unsightly for the following reasons: 1. There are several junk items on the property, including an old refrigerator, a metal chair with cushion, several paint cans, a glass window pane, a plastic bag filled with refuse, and several loose pieces of refuse. 2. There is a pile of rubbish on the property, which includes metal wire and other metal pieces, vinyl siding, and pie�cces of wood. Paragraph 190.01(1)(d) of the Municipalities Act states: No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises a dilapidated building. The building is dilapidated as described in the section below called "Dilapidated and Structurally Unsound" which causes an unsightly condition on the premise. Vacant and Unoccupied Paragraph 190.01(1.1) of the Municipalities Act states: No person shall permit a building or structure owned or occupied by him or her to become a hazard to the safety of the public by reason of being vacant or unoccupied. The building is a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: 1. The building has been left vacant and abandoned since at least 2009. A building that is in a dilapidated condition and that is left unsecured from Public entry attracts vandalism, arson, or criminal activity. Vandalism, arson, 174 or criminal activity may devalue properties in the area and poses a hazard to the safety of the public in the surrounding area. 2. The building is not secure from public entry and has not been secured in the past. Entry is possible through the front door and through many of the windows. Entry to the building poses a hazard to the safety of the public because of the dilapidated condition of the interior. There is excessive water damage and mold throughout the building, and interior walls and ceilings have deformed as plaster and interior finishes hang from them. 3. The interior is filled with cluttered debris and junk, and therefore poses a hazard to the safety of the public such as firefighters who may enter the building due to an emergency event because it may create a tripping hazard and a barrier to a quick exit. 4. The building has essentially been abandoned, leaving no one to maintain or secure the building, while efforts to contact the owner have continually failed. In its current state, the building is not suitable for human habitation and does not meet the requirements for minimum standards governing the condition, occupancy and maintenance of residential property as described in the Saint John Minimum Property Standards By- -law, By -law Number M -14 (the "Minimum Property Standards By -law") and/or the Residential Properties Maintenance and Occupancy Code Approved Regulation — Municipalities Act, New Brunswick Regulation 84 -86, under the Municipalities Act (the "Code). It therefore could not be occupied without extensive and potentially costly repair. Dilapidated and Structurally Unsound Paragraph 190.01(2) of the Municipalities Act states No person shall permit a building or structure owned or occupied by him or her to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. The building is a hazard to the safety of the public by reason of dilapidation for the following reasons: 1. There are several windows which have broken glass m them and there is broken glass on the premise. The broken glass poses a hazard to the safety of the public because it could cause personal injury. 2. With many of the windows being left open for an extended period of time, the elements such as wind, snow, and rain have been allowed to infiltrate the interior of the building causing deterioration to progress at an accelerated rate. 3. The roof is severely deteriorated and has several holes, which are allowing water to infiltrate the interior of the building and rot is progressing at an accelerated rate. 4. The exterior siding, sills, and window frames are rotted and have paint that is peeling. The exterior of the building has not been properly protected from the elements. 5. The front deck and roof are rotten due to neglect and a lack of protection from the elements. The three columns that support the roof above the front deck are rotten at their lower portion. The deck boards are also rotten and not level in some areas. The rotten deck boards and columns may mean the structural integrity of the deck and roof above it are compromised. 6. The rain gutter above the front porch has rusted and is beginning to fall off of the roof. 'ri 175 7. The condition of the interior is very poor. There is excessive water damage and mold throughout the building. The interior walls have peeling plaster and are out of plumb. The ceiling is sagging in several locations and there is falling plaster and other debris. The interior poses a hazard to the safety of the public because of health hazards associated with mold, structural uncertainty of water damaged floors, and falling debris possibly causing physical harm. Portions of the building are a hazard to the safety of the public by reason of structural unsoundness for the following reasons: 1. The roof above the front deck may collapse due to the inadequate structural support provided by rotted columns. The rot has progressed to such an extent that the structural integrity of the columns has been compromised and if allowed to progress further, the columns may fail and the roof may collapse. 2. The roof of the attached porch is deflecting downward at its centre point which would suggest insufficient structural support and/or deterioration of the structure that is supporting this roof. 176 Required Remedial Actions: The owner must comply with one of the two options stated below: Option -1: Remedy the conditions of the building and premise through all repair and remedial actions as follows: 1. The building must be completely repaired so it may become occupied while maintaining minimum standards as described by the Minimum Property Standards By -law and the Code. 2. A detailed plan must be submitted to the Buildings and Inspection Services Department of the City of Saint John (the "Department") for review and approval. This plan should include a complete engineering report regarding the structural soundness of the building and any necessary repairs. This plan should also include a schedule for the work that is to be carried out. The repaired building must meet the National Building Code of Canada (2005), and any other applicable codes. 3. The detailed plan, including schedules and any engineering reports, must be approved by the Department prior to commencing repair work. 4. A building permit must be obtained for any and all applicable work prior to commencing said work from the City of Saint John in order to comply with the Saint John Building By -law, By-law Number C.P. 101, and amendments thereto. 5. The premise must be cleared of all debris and junk items including broken glass, construction materials, and any miscellaneous items found on the property. The debris must be disposed of at an approved solid waste disposal site, in accordance with all applicable by -laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. The property must comply with all applicable by -laws, acts, regulations and codes. Option 2:. Demolition of the building and cleanup of all debris on the premise by complying with all the remedial actions as follows: 1. The building must be demolished to remove the hazard to the safety of the public by reason of dilapidation and unsoundness of structural strength. 2. A demolition permit must be obtained from the City of Saint John in order to comply with the Saint John Building By -law, By -law Number C.P. 101, and amendments thereto. I The premise must be cleared of the debris from the demolition and the Iot must be made reasonably level with grade so as to not create a tripping or falling hazard, All debris must be disposed of at an approved solid waste disposal site, and in accordance with all applicable by -laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 4. All debris that is currently on the premise must be cleared and disposed of at an approved solid waste disposal site, and in accordance with all applicable by -laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 5. The property must comply with all applicable by -laws, acts, regulations and codes. 4 177 Prepared by: Stewart Handrahan, EIT Standards Officer Buildings and Inspection Services Department Reviewed by: Pamela Bentley, P. Eng. Technical Services Engineer Buildings and Inspection Services Department 178 ; 2 e3 d Date f - NOTICE OF APPEAL FORM 1 (Municipalities Act, R.S.N.B.15 c. M -22, s.190.021(1)) File No.: BETWEEN: Appellant(s), and - THE CITY OF SAINT JOHN, Respondent. Parcel Identifier : PID # Parcel Address: Owner(s) or Occupier(s): Name: Address: Telephone: Name: Address: Telephone: This is Exhibit � 6 " eferred to ' the Affidavit of r uM �vvortI ore me at the City of Saint J hn, New ru svlrick�A►VIS D'APPEL th da of 1�e ORMU,E 1 f7 ommissioner of ur m V22, icipalitis, L.R.N. -B. de 1.973, ch. pax. 190.021(1)) PAMELA lUi $�T�Y COMMISSIONER`` MY COMMISSION EXPIRES DECEMBER 31 THE 3 Appelant(s), -et- THE CITY OF SAINT JOHN, Intimee. Numero d'identification de la parcelle : # NID Adresse de la parcelle . Proprietaire(s) ou occupant(s) Nom : Adresse : Telephone: Nom : Adresse : Telephone: 179 2- The above named appellant(s) is (are) not satisfied with the terms and conditions set out in the notice that has been given under section 190.011 of the Municipalities Act and appeals to the Saint John Substandard Properties Appeal Committee. The appellant's grounds for this appeal are as follows (set out the grounds clearly but briefly): L'appelant(s) susnomm6(s) n'accepte(nt) pas les modalites ou les conditions qui y sont 6nonces dans Favis qui a W notifi6 aux termes de Particle 190.011 de la Loi sur les municipalites et fait appel au Comite d'appel des proprietes inferieures aux normes de Saint John. Les motifs d'appel de Pappelant(s) daps le present appel sont les suivants (enoncer des motifs de faVon claire et concise) : Dated at the day of Fait Signature of owner or occupier The appellant(s) intends to proceed in the English ❑ or French ❑ language (Please check the appropriate box). Please forward your Notice of Appeal by registered mail to the clerk of The City of Saint John within fourteen (14) days after having been given the notice at the following address: Common Clerk's Office 15 Market Square, City Hall Building, 8`s Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: 506- 658 -2862 Telecopier: 506-674-4214 h 20) 1 u Signature du propri6taire ou l'occupant le L'appelant(s) a (ont) Fintention d'utiliser is langue franraise ❑ ou anglaise ❑ (Veuillez cocker la case appropriee). Veuillez faire parvenir votre Avis d'appel par courrier recommande au secretaire de The City of Saint John Bans les quatorze (14) fours qui suivent la notification de l'avis a l'adresse suivante : Bureau du greffier communal 15 Market Square, Edifice de Fh6tel de ville, 8e 6tage Case postale 1971 Saint John (Nouveau- Brunswick) E2L 4L1 T616phone: 506 -658 -2862 T616copieur: 506 -674 -4214 Notes: Notes : 1. A notice that is not appealed within fourteen (14) 1. Un avis dont it n'est pas inter W appel dans les days after having been given the notice shall be quatorze (14) jours qui suivent la notification de Favis deemed to be confirmed. est r6put6e connfirm6. 0 -3- 2. On an appeal, the Saint John Substandard Properties Appeal Committee shall hold a hearing into the matter at which the owner(s) or occupier(s) bringing the appeal has (have) a right to be heard and may be represented by counsel. 3. On an appeal, the Saint John Substandard Properties Appeal Committee may confirm, modify or rescind the notice or extend the time for complying with the notice. 4. The Saint John Substandard Properties Appeal Committee shall provide a copy of its decision to the owner(s) or occupier(s) of the premises, building or structure who brought the appeal within fourteen (14) days after making its decision. 5. The owner(s) or occupier(s) provided with a copy of a decision from the Saint John Substandard Properties Appeal Committee may appeal the decision to a judge of The Court of Queen's Bench of New Brunswick within fourteen (14) days after the copy of the decision was provided to the owner(s) or occupier(s) on the grounds that (a) the procedure required to be followed by the Municipalities Act was not followed, or (b) the decision is patently unreasonable. 2. Lors d'un appel, le Comite d'appel des proprietes inferieures aux normes de Saint John doit tenir, sur le point en litige, une audience au cours de laquelle le(s) proprietaire(s) ou 1'occupant(s) qui interjette(nt) appel a (ont) le droit d'etre entendu(s) et peut(vent) se faire representer par un avocat. 3. Lors d'un appel, le Comite d'appel des proprietes inferieures aux normes de Saint John peut conformer, modifier ou annuler 1'avis ou proroger le delai pour s'y conformer. 4. Le Comite d'appel des proprietes inferieures aux normes de Saint John doit fournir une copie de sa decision au(x) proprietaire(s) ou a l'occupant(s) des lieux, du batiment ou de la construction qui lui a(ont) interjete appel Bans les quatorze (14) jours suivant la date a laquelle it a rendu sa decision. 5. Le(s) proprietaire(s) ou l'occupant(s) a qui une copie d'une decision a ete fournie par le Comite d'appel des proprietes inferieures aux normes de Saint John peut(vent), dans les quatorze (14) jours qui suivent, inter eter appel de la decision devant un juge de la Cour du Banc de la Reine du Nouveau - Brunswick au motif que (a) la demarche a suivre en vertu de la Loi sur les municipalites n'a pas ete suivie, ou (b) la decision est manifestement deraisonnable. 181 FORM 1 NOTICE TO COMPLY (Municipalities Act, R.S.N.B. 1973, c.M -22, s.190.01(3)) Parcel Identifier: 406827 FORMULE 1 AVIS DE CONFORNIITE (Loi sur les municipalites, L.R.N.-B. de 1973, ch. M -22, par. 190.01(3)) Numiro d'identification de la parcelle : 406827 Address: 498 Green Head Road, Saint John, New Adresse : 498, chemin Green Head, Saint John, Brunswick Nouveau - Brunswick Owner(s) or Occupier(s): Name: LeBlanc, Wayne Joseph Address: 2336 Dover Avenue, Fort Meyers, Florida, United States, 33907 -4219 Municipality issuing notice: The City of Saint John By -law contravened: Saint John Unsightly Premises and Dangerous Buildings By -Law, By -law Number M- 30 and amendments thereto (the "By- law "). Provision(s) contravened: Paragraphs 190.01(1)(a), 190.01(1)(d), 190.01(1.1) and 190.01(2) of the Municipalities Act, and amendments thereto. Description of condition(s): The premises are unsightly by permitting rubbish, and a dilapidated building to remain on the premises. The building has become a hazard to the safety of the public by reason of being vacant or unoccupied, and, has become a hazard to the safety of the public by reason of dilapidation and unsoundness of structural strength. The condition of the building and premises are described in Schedule "A ", a true copy of the inspection report dated September 30, 2011 prepared by Stewart Handrahan, By -law Enforcement Officer and reviewed by Pamela Bentley, P.Eng., By -law Enforcement Officer. Remedy or remedies required: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premises into compliance with the aforesaid By -law. In the event that the owner does not remedy the condition of the building and the premises in'the time prescribed by this Notice to Comply, the building may be demolished as the corrective action to address the hazard to the safety of the public and the premises may be cleaned up. In the event of demolition, all debris and items on the premises will be disposed of as the corrective action to address the hazard to the safety of the public. The aforementioned remedial actions relating to the demolition of the building and the disposal of debris and items on the premises do not include the carry -out clean- up, site rehabilitation, restoration of land, premises or personal property or other remedial action in order to Proprietaire(s) ou occupant(s) : Nam : LeBlanc, Wayne Joseph Adresse : 2336, avenue Dover, Fort Meyers, Floride, $tats -Unis, 33907 -4219 Municipality signifiant l'avis : The City of Saint John Arrety enfreint : Arrete concernant des bdtiments inesthetiques ou dangereux de The City of Saint John, Arretd num6ro M -30, ainsi que ses modifications ci- affdrentes (l' « Arrete »). Disposition(s) enfreinte(s) . Les paragraphes 190.01(1)(a), 190 .01(1)(d), 190.01(1.1) et 190.01(2) de la Loi sur les municipalites, ainsi que les modifications aff6rentes. Description de la (des) condition(s) : Les lieux sont inesthdtiques en permettant la presence de detritus et du fait de la prdsence d'un batiment d6labr6. Le batiment est devenu dangereux pour la s6curit6 du public du fait de son inhabitation ou de son inoccupation, et, est devenu dangereux pour la sdcuritd du public du fait de son ddlabrement et de son marque de solidit6. La condition du batiment et des lieux sont d6crites a l'annexe «A », une copie conforme du rapport d'inspection en date du 30 septembre 2011 et pr6par6 par Stewart Handrahan, un agent chargd de 1'exdcution des arret6s municipaux et rdvis6 par Pamela Bentley, ing., une agente charge de 1'ex6cution des arretds municipaux. Mesure(s) a prendre : Le propri6taire doit restaurer les conditions en se conformant aux recommendations du rapport d'inspection susmentionnd et d'amener le batiment et les lieux en conformites avec 1'Arretd. Dans 1'6ventualit6 que la propri6taire ne rem6dient pas les batiments et les lieux dans le temps prescrit par le prdsent avis de conformit6, le batiment pourra etre d6moli comme mesure corrective compte tenu qu'il reprdsente un danger pour la s6curit6 du public et les lieux pourront titre nettoy6s. Dans 1'6ventualit6 de d6molition, tons les debris et autres items sur les lieux seront disposds comme mesure corrective dans le but de rem6dier le danger pour la s6curit6 du public. Les mesures correctives susmentionn6es relativement a la demolition du batiment et la disposition des debris et autres items sur les lieux ne comprennent pas le nettoyage, la remise en dtat des lieux, des terrains ou des biens personnels ou toute autre mesure corrective :. control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. Date by which the remedy or remedies must occur: a) The demolition of the building, clean-up of the property and related remedies must be complete, or plans and permit applications for repair related remedies, must be submitted: within 45 days of being served with the Notice to Comply. b) The repairs related remedies must be complete: within 90 days of being served with the Notice to Comply. Date by which notice may be appealed: Within 14 days of being served with the Notice to Comply. Process to appeal: The owner may within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall — 81 Floor, 15 Market Square, Saint John, New Brunswick, E2L 4L1. Potential penalty for non - compliance within specified time:2 Paragraph 190.03(1) of the Municipalities Act states that a person who fails to comply with the terms of the Notice to Comply given under Section 190.011 of the said Act, commits an offence that is punishable under Part II of the Provincial Offences Procedure Act as a category F offence. Where an offence under paragraph 190.03(1) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph 190.03(1.2)(b)(i). Municipality's authority to undertake repairs or remedy:3 Subparagraphs 190.04(1)(a), 190.04(1)(a.1) and 190.04(l)(b) of the Municipalities Act states that if a Notice to Comply has been given under section 190.011 of the said Act and that an owner or occupier does not comply with the Notice to Comply, as deemed confirmed or as confirmed or modified by a committee of council or a judge under section 190.021 of the said Act, within the time set out in the Notice to Comply, the municipality may, cause the premises of that owner or occupier to be cleaned up or repaired, or cause the building of that owner or occupier to be repaired or demolished, and the cost of carrying out such work, including any related charge or fee, is chargeable to the owner or occupier and becomes a debt due to the municipality. dans le but de controler ou de reduire, d'eliminer le deversement, de modifier le mode de deversement ou le deversement d'un polluant dans ou sur P environnement ou toute partie de P environnement. Date i laquelle la ou les mesures doivent titre prisest : a) La demolition du bitiment et le nettoyage des lieux doivent titre completes, ou les plans et demande de permis pour les mesures des reparations doivent titre soumises dans les 45 jours qui suivent la signification de Pavis de conformite. b) Les reparations relives aux mesures doivent titre compldtees dans les 90 jours qui suivent la signification de Favis de conformite. Date it laquelle un appel de 1'avis peut titre depose: Dans les 14 jours qui suivent la notification de Pavis de conformitd. Processus d'appel : Le propridtaire peat daps les 14 jours qui suivent la notification de Favis de conformite, envoye un avis d'appel par courrier recommande a Ia greffiere communale de la municipalitd, i The City of Saint John, Edifice de Fh&tel de ville, 8° etage, 15 Market Square, Saint John, Nouveau - Brunswick, E2L 41, 1. Penalite possible pour non- conformite dans le delai prescrit2 : Le paragraphe 190.03(1) de la Loi sur les municipalites prdvoit quiconque omet de se conformer aux exigences formulees dans un avis de conformite notifid aux termes de Particle 190.011 de ladite loi, commet une infraction qui est punishable en vertu de la Partie II de la Loi sur la procedure applicable aux in provinciales i titre d'infraction de la classe F. Lorsqu'une infraction prdvue au paragraphe 190.03(1) se poursuit pendant plus d'une journee, l'amende minimale qui peut titre imposee est l'amende minimale prdvue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de Ia classe F multipliee par le nombre de jours pendant lesquels Pinfraction se poursuit conformement i l'alinea 190.03(l.2)(b)(i). Pouvoir de la municipalite d'entreprendre les reparations on de prendre les mesure83 : Conformdment aux alineas 190.04(1)(a), 190.04(1)(a1) et 190.04(1)(b) de la Loi sur les municipalites, si un avis de conformite a ete signifie aux termes de Particle 190.011 de ladite loi et, que le proprietaire ou Foccupant ne se conforme pas i cet avis de conformite dans le delai imparti et tel qu'il est repute confrme ou tel qu'il est confirmd ou modifid par un comitd du conseil ou par un juge en vertu de Particle 190.021 de ladite loi, la municipalite peut faire nettoyer ou reparer les lieux de ce proprietaire ou de cet occupant ou de faire reparer ou demolir la proprietd de ce propridtaire ou de cet occupant, et les frais relatifs i 1'execution de ces travaux, y compris toute redevance ou tout droit afferent, sont i la charge du propridtaire ou de Poccupant et deviennent une creance de la municipalite. 183 Dated at Saint John the 2P day of September, 2011 Municipality: The City of Saint John Signature of Municipal Officer: Municipal Officer's Contact information: Name: Stewart Handrahan Mailing address: Buildings and Inspection Services Department The City of Saint John 15 Market Square City Hall Building, 10" Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L 1 Telephone: (506) 658 -2911 Telecopier: (506) 632 -6199 Email: Seal of Notes: 1. All appropriate permits must be obtained and all relevant legislation must be complied with in the course of carrying out the required remedial action. 2. Payment of the fine does not alleviate the obligation to comply with the by -law, standard or notice to comply. 3. Costs become a debt due to the municipality and may be added to the joint municipal and provincial Real Property Assessment and Tax Notice. Fait a Saint John le3i(-)septembre, 2011. Municipalite : The City of Saint John Signature du representant municipal: Coordonn6es du repr6sentant municipal: Nom : Stewart Handrahan Adresse postale: Departement aux services d'inspection et des batiments The City of Saint John 15 Market Square Edifice de l'h6tel de ville, 10' etage Case postale 1971 Saint John (Nouveau- Brunswick) E2L 4L1 Telephone: (506) 658 -2911 T616copieur : (506) 632 -6199 Courriel: stewart.handrahan @saintjohn.ca Sceau de la municipality Notes : 1. Tous les permis prescrits doivent 8tre obtenus et toute la 18gislation pertinente doit We respectee, pendant 1'exdcution de la mesure de recours. 2. Le paiement de 1'amende n'annule pas ('obligation de respecter I'arrdtd, la norme ou 1'avis de conformitd. 3. Les coots deviennent une dette envers la municipality et peuvent 8tre ajoutys y Pavis d'yvaluation et d'imp8t foncier municipal et provincial. ., INSPECTION REPORT Schedule RSA" i hereby certify that dra e-,ni anent is a ta. '-,OM 4 ongin4 bated at SaWL John 498 Green Head Road h t�sday e..�..�.� . Saint John, New Brunswick — PID# 406827 l Inspection Date: July 27, 2011 Inspector: Stewart Handrahan Introduction +rlartis' 0 c - An inspection of the property noted above has revealed that the only building on the property is unsightly, vacant and unoccupied, dilapidated, and structurally unsound, The one and one -half storey building is of wood frame construction and has been reported to be vacant since at least April 7, 2009. Discussion The building and property are not in compliance with the Saint John Unsightly Premises and Dangerous Buildings By-law, By -law Number M -30, (the `By- law"). Unsightly Premise Conditions Paragraph 190.01(1)(a) of the Municipalities Act states: No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises any ashes, junk, rubbish, or refuse. The premise is unsightly for the following reasons: There are several junk items on the property, including an old refrigerator, a metal chair with cushion, several paint cans, a glass window pane, a plastic bag filled with refuse, and several loose pieces of refuse. 2. There is a pile of rubbish on the property, which includes metal wire and other metal pieces, vinyl siding, and pieces of wood. Paragraph 190.01(1)(d) of the Municipalities Act states: No person shall permit premises owned or occupied by him or her to be unsightly by permitting to retrain on any part of such premises a dilapidated building. The building is dilapidated as described in the section below called "Dilapidated and Structurally Unsound" which causes an unsightly condition on the premise. Vacant and Unoccupied Paragraph 190.01(l. 1) of the Municipalities Act states: No person shall permit a building or structure owned or occupied by him or her to become a hazard to the safety of the public by reason of being vacant or unoccupied. The building is a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: 1. The building has been left vacant and abandoned since at least 2009. A building that is in a dilapidated condition and that is left unsecured from public entry attracts vandalism, arson, or criminal activity. Vandalism, arson, 185 or criminal activity may devalue properties in the area and poses a hazard to the safety of the public in the surrounding area. 2. The building is not secure from public entry and has not been secured in the past. Entry is possible through the front door and through many of the windows. Entry to the building poses a hazard to the safety of the public because of the dilapidated condition of the interior. There is excessive water damage and mold throughout the building, and interior walls and ceilings have deformed as plaster and interior finishes hang from them. 3. The interior is filled with cluttered debris and junk, and therefore poses a hazard to the safety of the public such as firefighters who may enter the building due to an emergency event because it may create a tripping hazard and a barrier to a quick exit. 4. The building has essentially been abandoned, leaving no one to maintain or secure the building, while efforts to contact the owner have continually failed. In its current state, the building is not suitable for human habitation and does not meet the requirements for minimum standards governing the condition, occupancy and maintenance of residential property as described in the Saint John Minimum Property Standards By -law, By -law Number M -14 (the "Minimum Property Standards By -law") and/or the Residential Properties Maintenance and Occupancy Code Approved Regulation — Municipalities Act, New Brunswick Regulation 84 -86, under the Municipalities Act (the "Code "). It therefore could not be occupied without extensive and potentially costly repair. Dilapidated and Structurally Unsound Paragraph 190.01(2) of the Municipalities Act states No person shall permit a building or structure owned or occupied by him or her to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. The building is a hazard to the safety of the public by reason of dilapidation for the following reasons: 1. There are several windows which have broken glass in them and there is broken glass on the premise. The broken glass poses a hazard to the safety of the public because it could cause personal injury. 2. With many of the windows being left open for an extended period of time, the elements such as wind, snow, and rain have been allowed to infiltrate the interior of the building causing deterioration to progress at an accelerated rate. 3. The roof is severely deteriorated and has several holes, which are allowing water to infiltrate the interior of the building and rot is progressing at an accelerated rate. 4. The exterior siding, sills, and window frames are rotted and have paint that is peeling. The exterior of the building has not been properly protected from the elements. 5. The front deck and roof are rotten due to neglect and a lack of protection from the elements. The three columns that support the roof above the front deck are rotten at their lower portion. The deck boards are also rotten and not level in some areas. The rotten deck boards and columns may mean the structural integrity of the deck and roof above it are compromised. b. The rain gutter above the front porch has rusted and is beginning to fall off of the roof. 2 W. 7. The condition of the interior is very poor. There is excessive water damage and mold throughout the building. The interior walls have peeling plaster and are out of plumb. The ceiling is sagging in several locations and there is falling plaster and other debris. The interior poses a hazard to the safety of the public because of health hazards associated with mold, structural uncertainty of water damaged floors, and falling debris possibly causing physical harm. Portions of the building are a hazard to the safety of the public by reason of structural unsoundness for the following reasons: 1. The roof above the front deck may collapse due to the inadequate structural support provided by rotted columns. The rot has progressed to such an extent that the structural integrity of the columns has been compromised and if allowed to progress further, the columns may fail and the roof may collapse. 2. The roof of the attached porch is deflecting downward at its centre point which would suggest insufficient structural support and/or deterioration of the structure that is supporting this roof. 187 Required Remedial Actions: The owner must comply with one of the two options stated below: Option l: Remedy the conditions of the building and premise through all repair and remedial actions as follows: 1. The building must be completely repaired so it may become occupied while maintaining minimum standards as described by the Minimum Property Standards By -law and the Code. 2. A detailed plan must be submitted to the Buildings and Inspection Services Department of the City of Saint John (the "Department ") for review and approval. This plan should include a complete engineering report regarding the structural soundness of the building and any necessary repairs. This plan should also include a schedule for the work that is to be carried out. The repaired building must meet the National Building Code of Canada (2005), and any other applicable codes. 3. The detailed plan, including schedules and any engineering reports, must be approved by the Department prior to commencing repair work. 4. A building permit must be obtained for any and all applicable work prior to commencing said work from the City of Saint John in order to comply with the Saint John Building By -law, By -law Number C.P. 101, and amendments thereto. 5. The premise must be cleared of all debris and junk items including broken glass, construction materials, and any miscellaneous items found on the property. The debris must be disposed of at an approved solid waste disposal site, in accordance with all applicable by -laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. The property must comply with all applicable by -laws, acts, regulations and codes. Option 2: Demolition of the building and cleanup of all debris on the premise by complying with all the remedial actions as follows: 1. The building must be demolished to remove the hazard to the safety of the public by reason of dilapidation and unsoundness of structural strength. 2. A demolition permit must be obtained from the City of Saint John in order to comply with the Saint John Building By -law, By -law Number C.P. 101, and amendments thereto. 3. The premise must be cleared of the debris from the demolition and the lot must be made reasonably level with grade so as to not create a tripping or falling hazard. All debris must be disposed of at an approved solid waste disposal site, and in accordance with all applicable by -laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 4. All debris that is currently on the premise must be cleared and disposed of at an approved solid waste disposal site, and in accordance with all applicable by -laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 5. The property must comply with all applicable by -laws, acts, regulations and codes. 4 im Prepared by: Stewart Handrahan, EIT Standards Officer Buildings and Inspection Services Department Reviewed by: Pw,& Pamela Bentley, P. Eng. 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Yn Dow r NAM �klm 190 This is Exhibit C. .r (erred to in the Affidavit of ter; � 'irwS-- tt"Arm haforal 1 Si the CKY Sgjnt Jo W, N W r% SUMS the —i%, d 191 gas This is Exhibit `t 6t% Referred to in the Affidavit of mil.-+ A a Q-il i -k-- _ _ _ , Saint Join; New Fn "' +�Af the day of � miss;or�er p weM Photos of 498 Green Head N4V Road(PID 406827) SAINT JOHN Date of Photos: July 27, 2011 October 5, 2009 February 2009 MZ111 Weloi. �f aia - r s- 1 ° 196 r t- — s - 1 f 1 197 Y' --mmm s L -ii . - _ Tim 1..a.�•^`a -� r ME 199 'a M"k !w WOF7 ---Oak NUL ol . C_ 7-A a 04111 REPORT TO COMMON COUNCIL OPEN SESSION M &C2011 -292 November 30, 2011 His Worship Ivan Court And Members of Common Council Your Worship and Councillors: SUBJECT: Saint John Taxicab By -law Review City of Saim John BACKGROUND At the August 16, 2010 meeting of Common Council, the Taxicab Advisory Committee (the "Advisory Committee ") made a presentation outlining a number of concerns with the Saint John Taxi By -law (the `By- law "). For ease of reference, please find the Advisory Committee's presentation attached and marked as Schedule "A ". Following the Advisory Committee's presentation, Common Council passed the following resolution: RESOLVED that the submitted presentation with recommendations from the Taxicab Advisory Committee be referred to the City Manager, City Solicitor and Chief of Police for a report and recommendation. A Taxi By -law Review Committee (the "Review Committee ") was subsequently formed in October of 2010 under Terms of Reference established by the City Manager. The members of the Review Committee are: Amy Poffenroth (Chair), Councillor Bill Farren, Scott A. Brittain (City Solicitor's Office), Inspector Dave Parks (SJPF) and Sergeant Jeff Lafrance (SJPF). Though formally not members of the Review Committee, Lisa Mahaney (SJPF) and Gregory Maguire (Common Clerk's Office) were of assistance in advancing the work of the Review Committee. The Terms of Reference provided that the Review Committee was to review current issues /shortcomings with By -law provisions and Taxi Industry practices and to propose amendments to the By -Law to improve taxi operations in the City. By-law Review Process The Review Committee has been meeting monthly over the past twelve months to study the By -law and identify solutions /improvements where needed, all with a 202 M &C2011 — 292 - 2 - November 30, 2011 view to providing Common Council with a series of reform recommendations for the By -law. The Review Committee's first order of business was to gather information from the Advisory Committee and the Taxi Inspector (being Sergeant Jeff Lafrance) under the By -law to identify areas requiring solutions /improvements to the By- law. The primary concerns brought forward included: • Inconsistent and unfair taxi fares in the City's Taxi Industry; • Too many taxicabs for the City's market to sustain, making it difficult for taxi drivers and companies to be profitable and having an adverse effect on the quality of the vehicles used in the City's Taxi Industry; • Tourist complaints (primarily from cruise ship passengers) about overcharging, poor knowledge on the part of drivers regarding points of interest and landmarks, etc.; • Taxicabs being used to facilitate illegal activities, taxi drivers not going through as rigorous a background check as may be desired to minimize illegal activities and afford greater protection to the public; • Taxicabs are in many instances too old, unsafe, deteriorated or otherwise in poor operating condition. The Advisory Committee also brought forward a concern about their lack of authority under the By -law and expressed an interest in playing a greater role in overseeing the City's Taxi Industry. The Review Committee, in its initial research, was provided a detailed opinion by the City Solicitor's Office respecting the legislative parameters for the By -law and the Advisory Committee under the Municipalities Act (the "Act "). In short, the source of the City's authority for regulating and licensing the owners and operators of taxicabs in the City is set out in the Act. Subsection 11(1) of the Act authorizes municipalities to make by -laws for "regulating and licensing the owners and operators of taxicabs within the municipality, fixing a schedule of minimum fees, maximum fees or minimum and maximum fees to be charged by them and prescribing a schedule of license fees to be paid by them ". Section 112 of the Act further establishes that where a municipality enacts a by -law which establishes a licensing regime, it may prohibit the doing without a license of anything for which a license is required, prescribe license fees, prescribe terms and conditions, govern the issuance of licenses, provide for the renewal, suspension or revocation of licenses, and delegate an officer of the municipality to issue, renew, suspend or revoke licenses. After gaining an understanding of the legislative parameters for the By -law, the Review Committee's next step was to research taxi by -laws enacted in other municipalities with a view to gaining an understanding of best practices and industry norms. In the Maritimes, taxi by -laws in Fredericton and Moncton, New Brunswick and Halifax, Nova Scotia were studied. The Review Committee also 203 M &C2011 — 292 - 3 - November 30, 2011 studied taxi by -laws in other Canadian municipalities that are similar in size to the City, including Kamloops, British Columbia, Lethbridge, Alberta and Thunder Bay, Waterloo and Sarnia, Ontario. A "snapshot" spreadsheet comparing key attributes of the taxi by -laws for the eight municipalities identified above is attached for Common Council's benefit and marked as Schedule `B ". Upon the completion of the Review Committee's initial research, it became evident that the issues could be broken down into two main reform objectives: 1. Public safety, and 2. Fair and reasonable rates. Public Safety includes the issues of criminal offences, driving records, driver training, taxicab requirements and insurance. Fair and Reasonable Rates addresses the method of charging passengers for taxicab services (meters versus zones) and standardizing rates. The Review Committee looked at each of these areas in considerable detail and developed a number of draft reform recommendations to be considered by stakeholders and ultimately, Common Council. Once the Review Committee developed draft reform recommendations, a series of consultation sessions were held with a wide range of stakeholders to obtain input and feedback so that such input and feedback could be considered prior to presenting final recommendations to Common Council. The Review Committee first met with the Advisory Committee, after which two main consultation sessions were held in late June of 2011 — one for a wide range of public bodies and organizations to provide a representative sampling of the users of taxicab services and the other to gather input and feedback from the City's Taxi Industry itself. A second consultation session was held for the public bodies and organizations because a number of parties who wanted to participate were unable to attend the first session. At each stakeholder consultation session, participants were asked to contribute ideas and suggestions on each of the proposed reform recommendations. For the stakeholder consultation sessions, attendees were invited based on affiliation with organizations representing tourism, trade and citizen groups. Invitees included Uptown Saint John, Hospitality Saint John, the Saint John Hotel Association, the Saint John Board of Trade, PULSE, Vibrant Communities, the Crescent Valley Resource Centre, Enterprise Saint John, ONE Change, UNBSJ, the Saint John Airport Authority, the Saint John Port Authority, and Fusion Saint John. Twenty -three (23) organizations were invited, with nine (9) organizations represented at the first session and three (3) at the second session, for an overall attendance rate of 52 percent. For the City's Taxi Industry consultation session, representatives from each taxi company were invited via random selection along with company owners to obtain 204 M &C2011 — 292 - 4 - November 30, 2011 a representative sample of input and feedback from taxi operators and owners. Thirty -five (35) people were invited with nineteen (19) attending, for an overall attendance rate of 54 percent. All but two (2) taxi companies were represented. Common Council will appreciate that the large number of taxi operators and owners in the City necessitated a consultation process such as that ultimately arrived at by the Review Committee in order to ensure that the City's Taxi Industry consultation sessions were not so large and unwieldy that they would not be able to function in a way that would produce meaningful and useful input and feedback. A complete list of invitees and attendees is attached hereto and marked as Schedule "C ". By -law Reform Recommendations Based on the information collected from the Review Committee's research together with the consultations with the Advisory Committee, the Taxi Inspector and the stakeholder groups, the Review Committee identified two main objectives for reform: 1. Public Safety, and 2. Fair and Reasonable Rates The Public Safety objective is focused on five key issues to ensure citizens and visitors are provided safe and high quality taxicab service in the City: la Offences - disqualification and suspension of the issuance of taxi licenses for conviction of indictable and summary offences; lb Driving Record - experience and driving record requirements to obtain and maintain a taxi license; lc Training - taxi driver training requirements to obtain and maintain a taxi license; Id Taxicab Requirements - standards to ensure taxicabs are safe, well maintained, and in good overall condition; le Insurance - standards to ensure taxicabs are properly insured and that drivers and passengers are appropriately protected. The objective of Fair and Reasonable Rates is focused on two key areas to ensure rates are reasonable, consistent, and fair for the taxi drivers, taxi owners and passengers alike: 2a Fares — the method used to calculate fares, often broken down into meters or zones, or a combination of the two; 2b Standard Rates — the regulation of rates by By -law to ensure a level playing field, consistent and fair rates in the City's Taxi Industry. Each objective is summarized in the charts below, including current By -law provisions and the proposed reform recommendations, followed by a brief discussion of the feedback received during stakeholder sessions. 205 M &C2011 — 292 - 5 - November 30, 2011 BY -LAW REFORM RECOMMENDATION la PUBLIC SAFETY - OFFENCES Termination, suspension or disqualification for taxi licenses for certain offences Increased fines for violations of the By-law CURRENT BY -LAW PROPOSED BY -LAW REFORM Five (5) year suspension if convicted Five (5) year suspension if convicted of an indictable offence of an indictable offence* One (1) year suspension if convicted Two (2) year suspension if convicted of a summary offence or other offences of a summary offence or other offences as as per section 3 of the By -law per section 3 of the By -law Criminal background check only Criminal background check and a five (5) year clear background regarding vulnerable sectors No suspension/ termination/ If found to be operating without a valid disqualification for operating without a taxicab license and/or valid insurance, valid taxicab license or valid insurance immediate termination or suspension of taxicab license and /or immediate disqualification from being eligible for a taxicab license for a period of 2 years commencing on the date of discovery. Fines range from $75 -$500, with a Increased fines for By -law offences from voluntary payment option of $75 $14042,100, with a voluntary payment option of $140 *There is no change proposed for the disqualification or suspension terms for indictable offences Participants from the City's Taxi Industry and the majority of the public participants were in favour of this reform recommendation. BY -LAW REFORM RECOMMENDATION lb PUBLIC SAFETY — DRIVING RECORD Requirement for driving experience Driving record in excellent standing CURRENT BY -LAW PROPOSED BY -LAW REFORM No minimum requirement for years of A minimum of two (2) years driving driving experience experience No driving history requirement A minimum of four (4) points on the driving abstract at all times 206 M &C2011 — 292 - 6 - November 30, 2011 During the consultation sessions, there was agreement regarding experience requirements with very few exceptions; however, participants from the City's Taxi Industry generally felt the minimum four point requirement was too high, while the public participants claimed that it was too low. The Review Committee believes that a minimum four point requirement at all times is reasonable in the interests of the public with a positive obligation being placed on taxicab drivers to report when they fall below the minimum four point requirement with accompanying severe penalties for failing to report. BY -LAW REFORM RECOMMENDATION lc PUBLIC SAFETY - TRAINING Create training requirement to obtain and maintain a taxi license Curriculum to be developed by the Advisory Committee and approved by Common Council CURRENT BY -LAW PROPOSED BY -LAW REFORM No training required to obtain taxi Possible training topics include: license twelve (12) years • Geography and points of interest Taxicabs to have a minimum of four (4) doors, • Customer service skills with the exception of minivans — three (3) doors • English proficiency Taxicabs to be a minimum four (4) cylinder • Taxi By -law orientation vehicle • Proper installation of child car seats There was enthusiastic agreement regarding training from both the City's Taxi Industry and the public participants with suggestions on potential topics from both groups. It was also agreed that the Advisory Committee should propose the curriculum for mandatory training and possibly deliver the training program. BY -LAW REFORM RECOMMENDATION ld PUBLIC SAFETY — VEHICLE REQUIREMENTS Create a standard for taxicabs with vehicles not to exceed a certain age Create a standard for taxicabs for number of doors and cylinders CURRENT BY -LAW PROPOSED BY -LAW REFORM No vehicle age limit Taxicab age not to exceed seven (7) years Customized accessible taxicab age not to exceed twelve (12) years No minimum number of doors Taxicabs to have a minimum of four (4) doors, with the exception of minivans — three (3) doors No minimum number of Taxicabs to be a minimum four (4) cylinder cylinders vehicle 207 M &C2011 — 292 - 7 - November 30, 2011 The taxicab age recommendation produced a great deal of discussion. At the June 2011 stakeholder consultation sessions, the Review Committee had suggested a maximum taxicab age of six (6) years. While there was agreement across all consultation sessions that there should be a taxicab age restriction in the By -law, there was significant pushback from Industry on the proposed six (6) years. Based on the feedback in the consultation sessions, the Review Committee gave this issue further consideration. The Review Committee, based on its previous research and the consultation feedback, decided to recommend that the maximum taxicab age be set at seven (7) years. Approximately 75 percent of taxicabs in Saint John exceed seven years of age, which significantly contributes to the poor condition of the taxicabs (most of which are late model vehicles purchased at the end of their life cycle) and is, in the opinion of the Review Committee, a potential safety issue, especially when one considers the mileage that is put on a taxicab each year. The taxicab age requirement will contribute significantly to improving the quality of taxicab service offered to the public. A reasonable transition period will have to be put in place if this reform is implemented; the Review Committee recommends a transition period of one year after the By -law is adopted by Common Council for the vehicle age limit to be complied with. Moreover, the Review Committee recommends that there be no grandfathering for vehicles in service in the Taxi Industry at the time the new By -law is enacted. A graph depicting the age of all currently licensed taxicabs in the City is attached hereto and marked as Schedule "D ". Proposed Reform: Transition period of one year after the By -law is adopted by Common Council for the vehicle age limit to be complied with. There should be no grandfathering for vehicles in service in the Taxi Industry at the time the new By -law is enacted. BY -LAW REFORM RECOMMENDATION le PUBLIC SAFETY - INSURANCE Create a higher standard for taxicab insurance Create notification requirements for changes to insurance policy CURRENT BY -LAW PROPOSED BY -LAW REFORM Property damage and public liability Comprehensive motor vehicle insurance - minimum $1 million insurance - minimum $2 million No notification requirement for policy Letter from insurer to Taxi Inspector change required upon change to insurance policy No notification requirement for policy Insurance policy to require 30 days prior cancellation written notice to the Taxi Inspector before policy can be cancelled by an insurer. No M &C2011 — 292 - 8 - November 30, 2011 There was agreement from the stakeholders about the notification period for an insurance policy change. Concerns were raised by the City's Taxi Industry that the increase to $2 million for insurance coverage would be too costly and a few Taxi Industry stakeholders did not agree with the notification for cancellation. After the consultation sessions, the Review Committee carried out more research on this issue and found the increase in premiums for an increase to $2 million is relatively minimal (approximately five (5) to ten (10) percent higher than for coverage of $1 million). It should be noted that the Review Committee pursued this issue with the City's Insurance and Claims Officer who, following appropriate follow up, concluded that a transition in insurance requirements from $1 million to $2 million would result in an insurance increase of approximately $200 /year for a new driver and $100 /year for an experienced driver. Such a requirement is consistent with most commercial organizations. For example, school districts require $2 million and the City has $5 million coverage on City vehicles. The recommendation to require notification prior to cancelling insurance addresses a significant concern of the Taxi Inspector, based on past experience. In the past, some taxicab drivers have shown proof of insurance in order to obtain a taxi license only to cancel it shortly after successfully being issued a license. It is for this reason that the Review Committee has made the recommendations it has respecting insurance. BY -LAW REFORM RECOMMENDATION 2a FAIR AND REASONABLE RATES - FARES Requirement tooperate with use of meters CURRENT BY -LAW PROPOSED BY -LAW REFORM No requirement for meters or zones. Meters will be required to be used in all City's Taxi Industry uses zones, self- taxicabs in the City, for use at all times. regulated. The reaction to the proposed implementation of meters was overwhelmingly favorable. The implementation of a metered system would be a significant improvement in the City's Taxi Industry. The Review Committee, as well as the stakeholders, view meters as a way for the fares to be equitable for taxi drivers, taxi owners and passengers as the charge is based on the time and distance travelled. With the current "unofficial" system of zones, it is very possible for a passenger to pay more to go a short distance if he or she travels across zones than he or she does to travel a much farther distance within a single zone. This system is unfair for all involved. Within the City's Taxi Industry, a metered system is seen as a way to level the playing field and to match the fare to the actual service delivered. The metered 209 M &C2011 — 292 - 9 - November 30, 2011 system also provides greater clarity than the existing system for charging for multiple stops and multiple passengers. From the public perspective, a metered system may make budgeting for those who depend on taxicabs for transportation more difficult at the onset, until fares as it relates to distance travelled is better understood. Meters will decrease the cost for a typical trip for some and increase the cost for others. Overall, meters are seen as a means to provide greater clarity and transparency for passengers, and reduce the likelihood of passengers (particularly tourists) being overcharged. Meters are very commonplace in other jurisdictions, so it is viewed as a positive step, especially for tourists who are used to this system in other municipalities. BY -LAW REFORM RECOMMENDATION 2b FAIR AND REASONABLE RATES — STANDARD RATES Implement standardized rates by By-law CURRENT BY -LAW PROPOSED BY -LAW REFORM Rates are not regulated in the by -law; taxi Standardized rate to be set by By -law industry sets their own rates Prior to the adoption of the new by- law, the Review Committee will be asked with studying and providing recommendations to Common Council regarding the setting of metered by -law rates (distance rate, passenger rate, and standing rate). Following the adoption of the new by -law, the Advisory Committee shall be tasked with studying and providing recommendations to Common Council regarding whether and how the metered by -law rates should be adjusted. There was consensus among both the public and Taxi Industry participants that rates should be standardized by By -law. The Act states that a municipality has the authority to "fix a schedule of minimum fees, maximum fees or minimum and maximum fees to be charged by them ". Accordingly, a By -law can include a range of rates or establish a single rate, which would be both the minimum and maximum rate. Taxi Industry participants made it clear that they would prefer one set rate, or a very small rate range to level the playing field among the Taxi Industry and prevent the repeated pattern that prevails under the current informal system whereby anything short of unanimity regarding a change amounts to a stalemate. The public participants suggested that the rates be more visible to the passengers when in the taxicab, with the rates posted on an official City notice. 210 M &C2011 — 292 _10- November 30, 2011 During the stakeholder consultation sessions, participants were asked if there were other issues or concerns that had not been addressed in the reform recommendations. Many of the public participants had expressed concerns that are already covered in the current By -law, but may be perceived as not being enforced to their satisfaction. They also had provided ideas for By -law provisions that the Review Committee had not considered. For instance, they identified that there is no formal complaint process if patrons are not satisfied with the taxi service they received. They do not know where or to whom complaints should be made. The Review Committee supports the suggestion that a standardized complaint process be developed and implemented, including a City- mandated notice visibly posted in all taxicabs with information about the complaint process. Proposed Reform: That the Advisory Committee be directed, prior to the adoption of the new by -law, to develop an administrative procedure for the purpose of addressing service complaints from customers of the Taxi Industry. Another issue that was raised at all stakeholder consultation sessions was the issue of vehicles not licensed as taxicabs offering tours to cruise ship passengers. Both groups had concerns with this current arrangement. It is recommended that this be explicitly addressed in the By -law. Proposed Reform: That the By -law explicitly address the issue of vehicles not licensed as taxicabs offering tours. The participants from the City's Taxi Industry reiterated their concern that there are too many licensed taxicabs in the City and asked if this could be addressed. Their concern is that the Saint John market is saturated with taxicabs, making it difficult for drivers /owners to make a decent living because of fare undercutting, and "fly -by- night" taxi operators. This also contributes to the poor condition of the vehicles and poor quality service. One of the major problems identified is the presence of part-time drivers in the Taxi Industry who only work when times are good/profitable (i.e. peak need periods, such as Friday and Saturday night) and decide not to work when business is slow /less profitable (i.e. weekdays doing runs to grocery stores, etc.). There were lengthy discussions about this issue during Review Committee meetings and the stakeholder consultation sessions. Although some municipalities in other provinces limit the number of taxi licenses issued based on population, the Act does not give New Brunswick municipalities the authority to limit the number of taxi licenses in the City. The Review Committee believes that if the package of reform recommendations is approved, the quality of taxicabs and service delivery to the public will experience a corresponding improvement. On a further positive note, the package of reform recommendations, when presented to all stakeholders, was generally met with a high level of support (subject to a few modifications). It would appear 211 M &C2011 — 292 - 11 - November 30, 2011 that the time is right to make significant improvements to the By -law — all stakeholders are ready for the changes necessary to greatly enhance this important service. Role of the Advisory Committee The Advisory Committee expressed concerns about their role and their lack of authority with respect to regulating the City's Taxi Industry. The Advisory Committee advised that it would like to see the creation of a "Taxi Authority" or "Taxi Commission ", with greater powers and responsibilities respecting the administration and enforcement of the Taxicab By -law. The City Solicitor's Office researched this issue to determine what, if any, authority could be delegated to the Advisory Committee. It was found that the Act does not contemplate or permit the delegation of Common Council's policy making powers to committees or commissions absent express legislative permission to do so. The commissions that do exist in the City and operate autonomously on a policy- making level are creatures of private legislation. In short, an authority or commission, as envisioned by the Advisory Committee, is not possible without private legislation or amendments to the Act. For a whole host of reasons, the Review Committee does not feel this would be either necessary or practical. The By -law states that the Advisory Committee "shall promote and encourage service to the public, professionalism, and the interests of the taxicab industry ". It further states that the "Committee may make recommendations to Common Council respecting: (a) license fees; (b) the role of the taxicab industry; (c) any problems in the taxicab industry; (d) possible changes to by -laws and other legislation relevant to the taxicab industry." Section 23(8) states "The Committee shall have no power to resolve or mediate in individual disputes within the taxicab industry ". If the reform recommendations are approved and By -law amendments are made, the Review Committee would recommend an expanded role for the Advisory Committee. They would be tasked with advising on implementation of the new meter system (i.e. meter models, intervals of meter inspection and testing). The Review Committee also sees the Advisory Committee taking the lead role in sourcing the driver training curriculum and possibly administering the program. Since the meter rates will be regulated by By -law (if the recommendations of the Review Committee are approved), taxi drivers /owners will not be able to change rates on their own to respond to increased costs, rising gas prices, etc. Common Council will have to ensure rates are reviewed on a regular basis to ensure the City's Taxi Industry can appropriately and promptly respond to changing economic conditions. The Review Committee recommends that the Advisory Committee review the rate structure, at a minimum, on an annual basis and make recommendations to Common Council for any rate changes required. 212 M &C2011 — 292 -12- November 30, 2011 The Review Committee recommends that the structure of the Advisory Committee be modified as well to ensure it is a group that focuses on and represents the interests of the Taxi Industry, the Public and the City. Currently, the By -law requires that the Advisory Committee consist of five (5) members appointed by Council - three (3) citizens who are not involved in the taxicab industry, one (1) taxicab driver, and one (1) taxicab owner. It is recommended that the Advisory Committee include the Taxi Inspector, one (1) Councillor, one (1) member of the Hospitality /Business Community, and one (1) less citizen. This structure should more adequately represent all the stakeholders and assist in keeping the Advisory Committee focused and actively involved. Proposed Reform: That the structure of the Advisory Committee consist o£ the Taxi Inspector, one (1) person who holds a valid taxicab license, one (1) person who holds a valid taxicab operator's license, one (1) Councillor, one (1) member of the Hospitality /Business Community and two (2) citizens, for a total of seven (7) members. By -law Administration and Enforcement During the By -law review and the stakeholder consultation sessions, concerns were raised about the level of By -law administration and enforcement with existing resources. There is one Taxi Inspector and one Administrative Assistant who administers the By -law. By -law administration is not their only task. The Taxi Inspector is also the Traffic Sergeant, and the Administrative Assistant is also responsible for the Patrol Services Division and the Traffic Division. Common Council will appreciate that initiatives on the part of Taxi Inspector to enforce the requirements of the By -law will require resource allocation from the City Solicitor's Office (i.e. for prosecutions and associated preliminary and preparatory work). It should be considered that By -law administration and enforcement, taking into consideration the demands on the Police Force and the City Solicitor's Office, should operate on a cost recovery model. License fee revenue should offset the costs of delivering the service of administration and undertaking enforcement of the many requirements under the Taxi By -law. The Review Committee recommends that a cost recovery model be considered, with taxicab license fees being set accordingly. Next Steps There are a number of next steps required to move the issue of reforming the By- law forward. First and foremost, Common Council needs to consider the recommendations of the Review Committee. If the reform recommendations are approved, Common Council will direct the City Solicitor's Office to draft the necessary By -law amendments. Concurrently, the Advisory Committee will be tasked with researching details of implementing a metered system, and a driver training curriculum and program; the Review Committee recommends that staff resources be assigned to assist the Advisory Committee on an as required basis. 213 M &C2011 — 292 -13- November 30, 2011 A cost recovery model for administration and enforcement of the By -law should be investigated by the Police Chief in collaboration with the City Solicitor, including the consideration of setting taxicab license fees in accordance with this model. Future Advice Common Council must appreciate that there may be and likely will be issues that arise during the drafting of a new By -law that will necessitate the City Solicitor's Office to seek policy advice, clarification or direction. Such advice would be required, for example, to address any ambiguities that are now latent but which may become apparent during the drafting process. Moreover, such advice would be required if there are gaps that need to be filled in order to produce a sound and comprehensive by -law for Common Council's consideration. As Common Council knows, it is not the role of the City Solicitor's Office to develop policy. Rather, it is the role of the City Solicitor's Office, in the context of by -law drafting, to translate stated policy direction into clear legislation while ensuring that the provisions of a by -law are based upon sound legal authority. In view of this consideration, it is the recommendation of the Review Committee that its mandate be extended by Common Council for the sole and discrete purpose of considering policy issues that may arise during the by -law drafting process and studying and making recommendations with respect to metered rates. Recommendations Based on the forgoing, the Review Committee makes the following recommendations to Common Council: 1. That the reform recommendations outlined in this report be adopted by Common Council; 2. That Common Council direct the City Solicitor to commence the process of revising the By -law in a manner that incorporates the reform recommendations outlined in this report; 3. That Common Council extend the mandate of the Review Committee for the sole and discrete purpose of: (1) considering policy issues that may arise during the by -law drafting process, and (2) studying and making recommendations to Common Council regarding the setting of metered by -law rates (distance rate, passenger rate and standing rate) that will apply upon the enactment of the new By -law; 4. That the Advisory Committee be immediately tasked with studying and making recommendations to Common Council regarding: (1) the setting of the technical /operational requirements of the meters to be used in the Taxi Industry, and (2) the setting of a program to inspect and test the integrity of meters and to develop a system that renders meters "tamper proof'. Once the work of the Advisory Committee is carried out, 214 M &C2011 — 292 -14- November 30, 2011 Common Council will consider the resulting recommendations and direct the City Solicitor to incorporate, where necessary, the recommendations of the Advisory Committee into the By -law. 5. That the Advisory Committee be immediately tasked with studying and making a recommendation to Common Council regarding the curriculum and implementation of taxicab driver training program. Once the work of the Advisory Committee is carried out, Common Council will consider the resulting recommendations and direct the City Solicitor to incorporate, where necessary, the recommendations of the Advisory Committee into the By -law. 6. That the City Manager, Common Clerk, City Solicitor and Chief of Police be directed to provide staff resources, as required, to assist the Advisory Committee in the discharge of its responsibilities under paragraph 4 and 5 above; 7. That the Chief of Police and the City Solicitor to be directed to review the administration and enforcement requirements under the By -law and advise Common Council of the resources required to properly carry out these functions. The purpose of this exercise will be to ensure that the license fees charged under the By -law will achieve cost recovery for administration and enforcement. Respectfully Submitted, Amy Poffenroth, P Eng, MBA Taxi By -law Review Committee Chairperson On behalf of the Taxi By -law Review Committee Patrick Woods, CGA City Manager Attachments 215 r Schedule "A" 40000� 00 .� Saint John Taxi* Advisory Committee Report 2010 182216 Introduction Don LeBlanc, Chair member, general public Christine Saumure, Secretary member, general public Ronald Meunier, no longer available member, general public • Gary Williston, company owner Diamond /Coastal Taxi • Mac Tobias, private owner /operator Simonds Taxi • Sgt. Jeffrey LaFrance, Taxi Inspector Exofficio seat • Lisa Mahaney, Administrative Assistant to the Taxi Inspector 1$3217 E-1 The Taxi Advisory Committee was formed August 2007 by last council and members may serve two consecutive two year terms. Prior to 2007, a different taxi advisory committee existed including the former General Manager of the Saint John Airport, the General Manager of the Hilton Hotel, one lawyer (Paul Cherry), and several members from the Saint John Taxi Industry. However, most members resigned themselves from this committee in frustration over a perceived lacy of support from city council and legal staff of that day. 184218 Committee Priorities to review the current status of the Saint John Taxi Industry to interview the previous committee members in order to determine their cause of disengagement to meet with major industry stakeholders (company stand owners), private operators, and drivers to review By -Law M -12, the Saint John Taxi By -Law, and to review several taxi by -laws from various municipalities across Canada 1$5219 Committee Engagement As well as engaging the taxi industry in dialogue, the committee met with Mayor Ivan Court, Councilor Chris Titus, and the Transportation Forum with the Board of Trade seeking input and guidance. 18E220 Current Status of the Taxi Industry Other than By -Law M -12, industry has no cohesive practice in place. the Taxi By -Law, the taxi or minimum standard of The industry is completely body to oversee/manage transportation sector. void of any regulatory this large public The industry is completely entrepreneurial in nature and is divided into vested interests. 187221 Overview r:-- 47 The current taxi by-law fails to address industry standards, i.e.: sexual and violent offenders may be granted a taxi license. 188222 There are no provisions in place for the training of licensed taxi drivers. 189223 The Taxi Advisory Committee has NO authority under the present Taxi By -Law to adjudicate the decisions of the Taxi Inspector, other than to review the Taxi Inspector's interpretation of the by -law. 190224 The Taxi Advisory Committee has NO authority to adjudicate neither on behalf of the general public nor on behalf on city council, other than to male recommendations. 91225 The position of Taxi Inspector is labour intensive. The Taxi Inspector also serves as Traffic Sergeant; the two are full -time positions on their own. 192226 Recommendations 1. That a more pro- active approach be taken by council and city staff. And, that an attitude of responsibility and safety be initiated for both the sake of the general public and those employed within the Saint John Taxi Industry. 193227 2. That a stable regulatory body be replacing the Taxi Advisory Committee. 194 228 established 3. That a new Taxi Authority's mandate would be: to liaison with the general public, the taxi industry and Taxi inspector to facilitate necessary changes to the existing By- Law M -12, the Taxi By -Law 1 95 229 4. That a Taxi Authority be comprised of: • One city councilor • One member of Legal Staff • Taxi Inspector ■ Appointments • One company stand owner • One licensed taxi driver • One owner /operator • One representative from the Transportation Forum, Board of Trade • One representative from the Saint John Airport • One representative from the hospitality sector • One arbitrary member from the general public with an appropriate skill -set 196230 Conclusion The City of Saint John is culturally and geographically unique. By -Law M-12, the Taxi standard at which transportation service demands of both the t public. By -Law, does not meet the viable and safe public ,an effectively manage the A industry and the general 197231 198232 TAXI BYLAW REVIEW WORKSHEET PUBLIC SAFETY SAINT JOHN (CURRENT) SAINT JOHN (PROPOSED) FREDERICTON MONCTON HALIFAX LETHBRIDGE KAMLOOPS THUNDERBAY 5 years if convicted of indictable indictable offenses 5 yrs / summary convictions 2 yrs; Criminal 5 yrs indictable, 6 months summary conviction 2 years summary conviction/ 5 years 5year Indictable /6 Months Summary. offence, trafficking or possessing, background /vulnerable sectors check prior to issuance; Court issued indictable /dangerous offenderunder part XXIV of previous driving record and license liquor conditions /restrictions /orders apply in carrying out of taxi driver the Criminal Code. Suspended by Clerk for offence suspension for life if charged with a firearms not eligible for license if summary conviction - responsibilities under Liquor Control Act/ Controlled Drugs and Substances Act /Food and Drug Act /Criminal Code offence. Taxi authority makes final decision criminal code, food and drug act, narcotic Criminal Conduct /Offences of Canada based on drivers abstract. N/A N/A control act in past 3 years As defined in Part 5 Of Criminal Code Any person convicted of offence under sections 151, 152,153 and 172 inclusive ofthe said Criminal not eligible for license if convicted of an sexual offences Code of Canada indictable offence in past 3 years Liquor Control Act (bootlegging - s.136), CDSA; possession for the Syrs CDSA /FDA Trafficing /P /For /P 6 months as above purpose summary conviction Drug offences 1 year if convicted - summary Excise Tax Act (tobacco); immediate 2 yr suspension if caught w.o 5 years sec. 132 Liquor Control Act. as above conviction, offence under CDSA, lisence /insurance; bylaw offenses(vehicle age) =fine not eligible for license if convicted of offence re Other offences FDAC, LCA -NB safe operation of taxi in past 3 years 1 year- driver's license cancelled or abstract to be submitted annually; min 4 points required at any given Ineligible for license 2 years in case of offence under suspended and not reinstated time; reverse onus to advise- report in writing to inspector upon Provincial offences Procedure Act. conviction - penalty for not notifying of additional 1 yr. not eligible for license if driver has 9 or more Driving Record N/A N/A demerit points on driving record 7 yrs (wheelchair accessible vehicle 12 years); 4 door; 4cylinder 5 years old. 4 Door, 4 Cyl must hold 4 people, B yrs old. Does not apply to vehicle retrofitted for minivan not more than 9 passengers wheelchair access (12 year max) vehicle must be 4 cyl and be passed by the not more than 7 years prior to current year AND Age of vehicles / Mileage Taxi Authority N/A N/A no more than 600,000 km on odometer Documents reqd driver abstract /record / commercial insurance 2 million w/ CGL letter from insurer with Proof of Insurance 2 million, valid registration and required: driving record abstract from Registrar of insurance requirement that insurer submits 30 day written notice prior to Inspection (inspection every 6 months.) Motor Vehicles showing applicant has not lost cancelling insurance; lisence; registration; inspection; must be over more than (6) points in (12) months immediately must have Ontario driver's license and be over 19 and min 2 rs driving experience, Y g P , preceding application 1,000,000 liability coverage N/A N/A age of 19 CLEANLINESS / PROFESSIONALISM N/A N/A same as fredericton No accumulation: Food, wrappers, containers, clean condition, no accumulation in passenger certificate of mechanical Itness submitted Vehicle Cleanliness ciearette butts. ashe, okes comnartment twice /yr AND maintenance log to be kept not use abusive, insulting or obscene not use abusive /obscene language not use abusive, insulting or obscene language no mention drivers must pass english language fluency Behaviour language test, must not use abusive language same as existing neat and clean in appearance Driver cleanliness be neat, clean and courteous neat and clean in appearance and dress shirt with collar, long dress pants, same as existing No sleeveless shirts, colthing with patches, or shirt,ankle length trouser /dress short, drivers must wear shirt, no t shirt, ankle Dress Code - Male /Female shoes and socks advertising logos or slogans socks /appropriate footwear length pants or knee length shorts Smoking (already in Act) provincial act No Cell phones / distractions (Act coming) incoming Act NUMBER OF CABS / DRIVERS N/A leave up to attrition of vehicles based on other requirements approx 300 vehicles Number that SJ market can handle limited number at 610 no - no authority for this no cap - informed they are not allowed to set Medallion System caps per provincial act no - no authority for this no cap Max. number of Taxi Vehicle licenses is 1 per Proportional number of licenses 1,500 residents Quota system - no person /corporation can have more than 60% of total taxis permitted or Taxi Vehicle licenses training: defensive driving course ?? Determined training won't be Must take training course approved by by -law attend orientation session. operator who addressed in this process. Perhaps Advisory Committee will take on officer. allows use of cab to unlisenced driver understanding of streets /locations as well as business license required - no business license Other this role. national standards test for taxi's /limos restrictions on numbers required - no Taxi Vehicle License quota assigned to owner (s) ineligible for owners lisence for two years restrictions on numbers FARES Zones versus meters - meters preferred. For discussion with No meters in place. No mention in bylaw. meters and zones Le: hallfax vs. Meters as per tariff of ares schedule Meters stakeholders dartmouth /etc) in by -law Meters -fares as per by -law rates set in by -law; amend by -law yearly per committee set by stands Meters inspected /tested /resealed by Zones / rates determined by taxi companies recommendation Police Chief min every 6 mths GRANDFATHERING / TRANSITION GOVERNANCE independent judicial review is the only avenue for appeal yes report by by law officer, Police submitted to yes, private session of City council Municipal Act permits licensing powers to be Advisory committee with no authority transportation committee City Council hears appeals if license assigned by the Council to the Board -- board Appeal Process to overrule decisions covered through taxi board refused, revoked, suspended. makes all final decisions no jurisdiction no mention licence inspector for various business Taxi Stand req'd? licenses What constitutes a taxi company? no mention not to be included will be operating form a taxicab stand located in a no mention must have a business address and phone Taxi Driver's license issued for 3 year term. Taxi Taxi cab business license ne whirl, i, nermittted r,nri,r izv -law number $50 /year Vehicle license renewed annually How /when can we freeze licenses in prep for by -law amendments License fees may be adjusted depending on resource requirements 233 Senior discounts -10% Special license - 1 week max $5 operating without a licenses - $250 penalty WATERLOO, ONTARIO SARNIA, ONTARIO Subject to the discretion of the Police Chief, any criminal offence shall serve as a barrier need to disclose criminal record for every criminal offence that has not been pardoned or given rise to the issuance of a letter of clearance. Moreover, any criminal conviction must to the issuance of a licence. The two criteria for the Police Chief is how old the criminal offence is and whether it involved violence. Summary offences are considered "irrelevant" after 2 years and indictable offences after considered "irrelevant after 5 be reported to the Clerk within 6 days of such conviction. years. See above See above See above See above See above See above Taxi license is suspended for up to 30 days upon committing any offence under the "Liquor Licence Act, the Highway Act (for moving violations) and the Compulsory Automobile Insurance Act. Taxi license is suspended for up to 60 days upon conviction under the Criminal Code of Canada for any crime involving violence, robbery, drug usage or distribution. Any vehicle that is 10 years -old or older shall be subject to the requirement that the results Taxi's must only have a valid "Certificate of Mechanical Fitness" of a safety inspection be provided to the Clerk in January and July of each year. Newer vehicles are subject to yearly inspection. Brokers License - requires the articles of incorporation, all current documents showing the Proof of registered ownership, certificate of insurance ($1 million minimum) registered business name, full names and dates of birth of all officers and directors of the which shall contain a clause that it cannot be cancelled by the insurer absent the corporation, confirmation of past suspension or revocation, giving of 30 days prior written to the Police Chief. Taxi's must be "in clean condition and in good repair ". Must be clean and in good repair. No mention No mention No mention No mention No mention No mention No smoking allowed. No mention No mention No mention No limits on the number of Taxi licenses issued. One Taxi Owner's License per 1,650 residents. The holder of a Taxi Owner's License or Taxi Driver's Licence may, however, "surrender the No mention licenses to the Clerk and the Clerk may issue a new [license(s)] to a person designated by No mention Only one Taxi Owner's License may issue for every 1,650 residents of the municipality. The Taxi Owner's License may be transferred between vehicles as they are replaced. All Taxi's have meters, the rates for which are set out in Schedule "A" All Taxi's have meters, the rates for which are set out in Schedule "B" N/A N/A No mention Appears to be some ability to pass licenses along through the Clerk rather than directly. Prior to suspending /revoking license, hearing held before Licensing and Retail Committee in Police Chief has considerable discretion. Decisions appealed to Police Services accordance with the Statutory Powers Procedure Act. Committee shall, after hearing Board. Decisions of Police Services Board may be further appealed to municipal matter, make recommendations to the municipal council. council under the Statutory Powers Procedure Act No mention See above description See above description No mention No mention Yes, see above descriptions of licenses 234 TAXI BYLAW REVIEW COMPARISON SHEET Schedule "B" LOCATION SAINT JOHN (CURRENT) SAINT JOHN (PROPOSED) FREDERICTON MONCTON HALIFAX, NOVA SCOTIA LETHBRIDGE, ALBERTA KAMLOOPS, BRITISH COLUMBIA THUNDERBAY, ONTARIO WATERLOO, ONTARIO SARNIA, ONTARIO 1. PUBLIC SAFETY review of rates by Taxicab Advisory Police Chief has considerable discretion. Decisions metres. $22 per /hr waiting time; .50 .62 for each minute of waiting time (including at stop $39.25 per hour of waiting time. additional 1 /26km; $49 per hour $29.50 per hour waiting. A Driver ($3.11 for seniors); .215 for each 1 /10km; $14.92 powers to be assigned by the Rates as determined by taxi Committee and recommendations made to Set by individual taxi 2 years summary conviction/ 5 lights); $5.00 for any order when Its cancelled upon municipal council under the Statutory Powers of waiting time; .10 for each may turn on his /her taxi -cab meter Y per/hr waiting. $27.12/hr of non metered waiting ti 9 9 i Who sets the rates? companies Council if changes are recommended. companies. Set by individual taxi companies years indictable /dangerous arrival. Bags and luggage are free of charge, as well as Rates regulated by the province. successive 8 seconds in the following circumstances a) from before the passenger has occupied time, the rate will be charged in 15 min offender under part XXIV of the children 12 and under (in the company of an adult). the time the taxi cab arrives for the taxi -cab or accessible taxi -cab if: Need to disclose criminal record for Annual review. Recommend to council if Left up to each individual Left up to each individual Criminal Code. Suspended by Passengers using a taxi to move a large amount of pick up until trip actually starts b) a) the passenger has requested the every criminal offence that has not ii How often are rates reviewed/changed? N/A changes required. company. company. Clerk for offence under Liquor 5 year Indictable /6 Months Summary. Every year. while a vehicle o fully stopped taxi -cab at a specific location and been pardoned or given rise to the Subject to the discretion of the Police Chief, any /,To Indictable offenses 5 yrs / summary Control Act/ Controlled Drugs previous driving record and license Inspected by the CVSE (traffic lights, stop signs, railway Not eligible for license if summary issuance of a letter of clearance. criminal offence shall serve as a barrier to the 5 years if convicted of convictions 2 yrs ; Criminal background Left up to each individual and Substances Act /Food and suspension for life if charged with a (Commercial Vehicle Safety and crossings, any legitimate traffic conviction - criminal code, food Moreover, any criminal conviction issuance of a licence. Summary offences are N/A indictable offence, trafficking /vulnerable sectors check prior to 5 yrs indictable, 6 months Drug Act /Criminal Code of firearms offence. Taxi authority makes Enforcement) yearly. purposes over which driver has and drug act, narcotic control act must be reported to the Clerk within 6 considered "irrelevant" after 2 years and indictable 1A Offences or possessing, liquor issuance. summary conviction Canada final decision based on drivers abstract. N/A Criminal record check required. in past 3 years days of such conviction. offences after considered "irrelevant after 5 years. destination. Senior citizens get a 10% discount with proof the passenger requests driver to Taxi license is suspended for up to 30 days upon of age. Any destination greater than 16km shall be $1.6 wait d) upon destination arrival, committing any offence under the "Liquor Licence per /km and .45 while waiting or stopped the time required to off -load vehicle. Act, the Highway Act (for moving violations) and be determined. the Compulsory Automobile Insurance Act. Taxi 1 year if convicted - Any person convicted of offence license is suspended for up to 60 days upon summary conviction, offence 5yrs CDSA/FDA under sections 151, 152, 153 Not eligible for license if convicted conviction under the Criminal Code of Canada for under COSA, FDAC, LCA- Trafficking /P /For /P 6 months and 172 inclusive of the said of an indictable offence in past 3 any crime involving violence, robbery, drug usage NB summary conviction Criminal Code of Canada years or distribution. Ineligible for license 2 years in 5 years sec. 132 Liquor case of offence under Provincial Control Act. Offences Procedure Act. Immediate 2 yr suspension if caught w.o licence /insurance; bylaw offenses(vehicle age) =fine Abstract to be submitted annually; min 4 points required at any given time; reverse Driving abstract to be submitted. Must Minimum 4 points (at which point they onus to advise- report in writing to Cannot lose more than 6 points obtain a class 4 N.S license (chauffeur go in front of a committee who decides inspector upon conviction - penalty for not within a 12 month period. Must license). Must have a criminal record Not eligible for license if driver has whether to suspend or put on notifying of additional 1 yr. Driver must obtain a class 1, 2, or 4 drivers check, as well as a vulnerable record Has to get a chauffeurs permit 9 or more demerit points on probation). Must have 2 years driving 1 B Driving Record have min. 2 yrs driving experience Must submit driving abstract. license. check. N/A through the RCMP. driving record. experience. Must complete english proficiency test and write 4 exams (understanding of streets /locations as well as national standards test for taxi's /limos). When Must complete a'Superhost completed will receive a temporary course either through the airport, Must have proof of english education, A few hour long seminars (run No training. If a cab company license. Has a year to complete the or through the B.0 Justice or have completed a course for Training to be required to obtain taxicab through the by -law). No formal wants to, they can do their own course (600 hours), which is through Institute. The course ensures they First time drivers must complete a english as a. second language and license. Advisory Committee to source exam. Approved by the by -law training program with new Tourism N.S; then can apply for taxi are kind, courteous, and overall street test. Other than that, it is left have a score of 6 or higher. No other 1 C Training N/A curriculum. officer. drivers. license. N/A have good behaviour. up to the individual companies. training besides that. No training. Any vehicle that is 10 years -old or older shall be subject to the requirement that the results of a safety Maximum 5 years old. 4 Door, inspection be provided to the Clerk in 4 Cylinder Must hold 4 people. Maximum 8 yrs old. Does not 60% of the vehicles must be 7 Not more than 7 years prior to January and July of each year. Newer 7 yrs (wheelchair accessible vehicle 12 Minivan not more than 9 apply to vehicle retrofitted for Vehicle must be 4 cyl and be passed by years or younger. By 2013 it will current year AND no more than vehicles are subject to yearly Taxi's must only have a valid "Certificate of 1 D Vehicle Requirements N/A years); 4 door; 4 cylinder passengers wheelchair access (12 year max) the Taxi Authority N/A be 100%. 600,000 km on odometer inspection. Mechanical Fitness" The insurer shall provide fifteen (15) days' written notice to the Commercial insurance 2 million w/ CGL Police Chief in the event of any change or cancellation by the Certificate of insurance ($1 million minimum) which Property damage and letter from insurer with requirement that insured or insurer. Failure to shall contain a clause that it cannot be cancelled by public liability insurance in insurer submits 30 day written notice prior Proof of Insurance $2 million provide insurance is an offence. the insurer absent the giving of 30 days prior 117 Insurance the amount of $1 million to cancelling insurance; or changing policy. coverage Minimum $1,000,000 $1,000,000 liability coverage N/A Not enforced in by -law. $2 million coverage. 1written to the Police Chief. 2. FARES AND STANDARD RATES A combination of meters and zones Zones as determined by taxi Meters are in place. No mention (i.e.: zones for Halifax vs. Dartmouth, 2A FARES companies Metered system to be required JNo meters in bylaw. airport etc.) Meters as per tariff of fares schedule in by -law Metered system Metered system Metered system Metered system Advisory committee with no I Yes report by by -law officer, authority to overrule Independent judicial review is the only Police submitted to Yes, private session of City Process idecisic I avenue for appeal (transportation committee council I Covered throuqh taxi Rates regulated in Taxicab By -law; annual Prior to suspending /revoking license, $3 initial, up to 54 metres; .12 each 80 $3.70 for the first 1/8 km; .26 for each additional 1/8 km; $2.80 initial fare; $1.95 per /km; $4 for first 1 /26km; .10 for each $2.70 initial fare; $1.70 per /km; Trips in the city, or within 5 km's; $3.85 initial fare review of rates by Taxicab Advisory Police Chief has considerable discretion. Decisions metres. $22 per /hr waiting time; .50 .62 for each minute of waiting time (including at stop $39.25 per hour of waiting time. additional 1 /26km; $49 per hour $29.50 per hour waiting. A Driver ($3.11 for seniors); .215 for each 1 /10km; $14.92 powers to be assigned by the Rates as determined by taxi Committee and recommendations made to Set by individual taxi each additional passenger. Hourly P 9 Y lights); $5.00 for any order when Its cancelled upon municipal council under the Statutory Powers of waiting time; .10 for each may turn on his /her taxi -cab meter Y per/hr waiting. $27.12/hr of non metered waiting ti 9 9 i Who sets the rates? companies Council if changes are recommended. companies. Set by individual taxi companies driving rates arranged between driver- arrival. Bags and luggage are free of charge, as well as Rates regulated by the province. successive 8 seconds in the following circumstances a) from before the passenger has occupied time, the rate will be charged in 15 min passenger; $28.75 per /hr; $1.50 each children 12 and under (in the company of an adult). the time the taxi cab arrives for the taxi -cab or accessible taxi -cab if: increments of With multiple passengers, Annual review. Recommend to council if Left up to each individual Left up to each individual steamer trunk; .10 for each article Passengers using a taxi to move a large amount of pick up until trip actually starts b) a) the passenger has requested the the first stop will pay the fee from the starting will pay ii How often are rates reviewed/changed? N/A changes required. company. company. handled or placed in trunk by driver. personal belongings shall be charged a minimum of $5. Every year. while a vehicle o fully stopped taxi -cab at a specific location and point, to destination; the following will pay from /,To Children under 10 free when accom. Inspected by the CVSE (traffic lights, stop signs, railway time b) the driver or passenger is that stop to their destination and so on. When Left up to each individual by adult. Special rates by contract are Multiple passengers will a a separate fee based upon P P 9 pay P P (Commercial Vehicle Safety and crossings, any legitimate traffic loading or unloading items into or passengers are travelling from multiple starting iii How often are taximeters inspected /calibrated? N/A To be determined. N/A companv. permissible. the shortest route to their destination. If they agree to Enforcement) yearly. purposes over which driver has from the taxi -cab. points to one destination, each passenger shall share a taxi, it will be one continuous fare from origin to no control) c) any period which pay their proportionate share. destination. Senior citizens get a 10% discount with proof the passenger requests driver to of age. Any destination greater than 16km shall be $1.6 wait d) upon destination arrival, per /km and .45 while waiting or stopped the time required to off -load vehicle. 2B STANDARD RATE be determined. Advisory committee with no I Yes report by by -law officer, authority to overrule Independent judicial review is the only Police submitted to Yes, private session of City Process idecisic I avenue for appeal (transportation committee council I Covered throuqh taxi Rates regulated in Taxicab By -law; annual Prior to suspending /revoking license, hearing held before Licensing and review of rates by Taxicab Advisory Police Chief has considerable discretion. Decisions Municipal Act permits licensing the Statutory Powers Procedure Act appealed to Police Services Board. Decisions of powers to be assigned by the Rates as determined by taxi Committee and recommendations made to Set by individual taxi Council to the Board — board make recommendations to the municipal council under the Statutory Powers suspended. Rates set out in Schedule "B" of by- makes all final decisions. i Who sets the rates? companies Council if changes are recommended. companies. Set by individual taxi companies Set through city council in the by -law. Rates regulated by by-law Rates regulated by the province. Rates regulated by by -law law Rates set out in Schedule "A" of by -law Only when council is approached. Happened once Annual review. Recommend to council if Left up to each individual Left up to each individual Reviewed yearly, changed when voted When companies want a rate in the past 5 years and that was due to the increase ii How often are rates reviewed/changed? N/A changes required. company. company. upon. Approx. every couple of years. Every year. Annual reviews. increase. in gas prices. Inspected by the CVSE 3 times /yr (2 scheduled, 1 at Left up to each individual Once a year, or when there's a Meters inspected /tested /resealed by Police Chief (Commercial Vehicle Safety and random) also when there's a iii How often are taximeters inspected /calibrated? N/A To be determined. N/A companv. change minimum every 6 months Enforcement) yearly. Police do checks at random. change. Done upon demand, or when it is a new vehicle. Advisory committee with no I Yes report by by -law officer, authority to overrule Independent judicial review is the only Police submitted to Yes, private session of City Process idecisic I avenue for appeal (transportation committee council I Covered throuqh taxi Prior to suspending /revoking license, hearing held before Licensing and Retail Committee in accordance with Police Chief has considerable discretion. Decisions Municipal Act permits licensing the Statutory Powers Procedure Act appealed to Police Services Board. Decisions of powers to be assigned by the Committee shall, after hearing matter, Police Services Board may be further appealed to City Council hears appeals if license refused, revoked, Council to the Board — board make recommendations to the municipal council under the Statutory Powers suspended. N/A makes all final decisions. municipal council. Procedure Act 236 Mile Adam Peter Asim al€os Rik BA au Paulette Hick Eriuor J"b Schedule "C" LMY a caaaca. ULNU ALM.W rs L&Qq Croup of Board of Trade Uptown Saint John Hospitality Saint John Delta Saint John, and Motel :association Saint John Board of Trade Mary LeSage PU-Ls Wendy Tyrant Communities MacDt rmott Nancy Sa %ioe Crescent Valley Resource Centre Lois Vincent Enterprise Said John .Angela Min Saint Jahn Airport Authority Darryl M Grath Saint Jahn Fort Authority Andy Somerville Cruise Saint John alfl Bonnie Sudul Paula McCormick Weady Bar ron- Selrnore Dawwn LeBlanc University of New B ransvwck Saint John Campus Tourism Destination Marketing Senior Citizens Sen-ices Saint John Inc ONE Change South Central Citizens Caauacal. Sarah Craig Fusion Saint John Inc. Mary Lou Price Westside Police and Community Together (P.A.C.7: ) Saint Johrk Regi "Hospital Arm Driscoll € re<scent VaW Resource Center Scott Crawford St. Joseph's Community Health Centre June Breau- The Res„nroe Centre for Youth Nason Rick MOWRY MADD SAA Jahn &Am Chapter Absent John Bmx m Iloammmerang Tana Ltd. Absent William Landry CarletonCab Attended F adAlizadehSeisan Diamond /CoastaiTaxi Absent LesheArbeau Dlamond/CoastalTaxi Absent inald Hick$ Dmamoad /Coastal Taxi Attended Hussam Mustafa Mwhal Diamond /Coastal Taxi Absent Darryl Morrison Diamoad/Coastaal Taxi Attended Charlene Savoie Diamond/Coastal Taxi Absent Jose Cardozo Independent Absent Philip Melanson Independent Attended Robert Gar nett Royal/Sunrise Taxi Absent Jeff Rees Rmal/Sun ise Taxi Attended Heather Whipple Royal /Suanse Tam Absent Avazbek Jabbarov Saint John Taxi Attended Dimurod Madaminav Saint John Taxi Attended MaryArsenmmlt Simonds Taxi Absent Malcolm nosy Simonds Tara Absent Mosel Trenholm Simonds Taxi Attended MohamedShavashan University Taxi Absent Lyle Thesiauilt Ua iversib: Taxi Attended John Dorringtan Vet's Ta.� Attended Cary Hosford Vet's Ta.,i Absent Walter Lennon Vet's Tani Absent John Bmx m Iloammmerang Tana Ltd. Absent N. Jeff Hill Carleton Cab Attended GaryWilliston Diamond/oDastal. Taxi Attended Abp hi rrtii (Golden. Cab Eac.) Diamond/Coastal Taxi Absent � 'aul Ram (03075 Ltd.) Diamond1 Tani Attended Ragbbir Singh V irk Diamond /Coastal Taxi Absent Tareq Syied Diamond/Coastal. Tay€i Attended Tom Daly "/Sunrise Taxi Attended A = Mamadiev Saint Jahn Tana Attended Jay Noade Simonds Taxi Attended Ahmed l tines U, ah-ersity Twd Attended David Carr Vets Taxi Attended Tam Ili' Jr. Parise Taxi MZ:l Schedule "D" I I Under 1 year 11year 12yearsl3years 14years 15years 16years 17years 18years 19years lioyears loverloyears # of Vehs 1 01 01 01 31 41 51 251 301 621 S91 351 75 80 70 60 50 40 30 20 10 0 Under 1 1 year year 2011- Current Taxicabs 25 3 4 5 1 2 years 3 years 4 years 5 years 6 years 7 years 8 years 9 years 10 years Over 10 years 30 62 59 35 75 298 vehicles in total 239 # of Vehs Taxicab By -law Review Submitted by the Taxicab By -law Review Committee to Saint John Common Council Oz,K wooppr Taxicab Review Committee Members • Amy Poffenroth — Chairperson • Councillor Bill Farren • Scott Brittain —City Solicitor's Office • Inspector Dave Parks —Saint John Police Force • Sergeant Jeff Lafrance —Saint John Police Force 241 4 Concerns with Current Tax • Inconsistent and unfair taxi fares • Too many taxicabs for the Saint John market • Tourist complaints — overcharging, poor knowledge of landmarks and points of interest • Taxicabs being used to facilitate illegal activities / required background checks not as thorough as possible • Taxicabs that are old, unsafe, deteriorated, in poor operating condition • Taxi Advisory Committee concerned about lack of authority 242 w Reform Objectives 1. Public Safety 2. Fair and Reasonable Rates 243 0001F,p Public Safety To ensure citizens and visitors are provided safe and high quality taxicab service in the City: a) Offences b) Driving record c) Driver training d) Taxicab requirements e) Insurance 244 Fair and Reasonable Ra es To ensure rates are reasonable, consistent, and fair for the taxi drivers, taxi owners and passengers alike a) Fares b) Standard Rates 245 BVMW RE COMMENDATI - , 1 11 Ili 111,1111111111_1111 1 a PUBLIC SAFETY - Termination, s- or aisquaiiTi—cation for taxi licenses for certain offences Increased fines for violations of the By-law CURRENT BY-LAW PROPOSED BY-LAW REFORM Five (5) year suspension if convicted Five (5) year suspension if convicted of an indictable offence of an indictable offence* One (1) year suspension if convicted Two (2) year suspension if convicted of a summary offence or other offences as of a summary offence or other offences as per section 3 of the By -law per section 3 of the By -law Criminal background check only Criminal background check and a five (5) year clear background regarding vulnerable sectors No suspension / termination / If found to be operating without a valid disqualification for operating without a taxicab license and /or valid insurance, valid taxicab license or valid insurance immediate termination or suspension of taxicab license and /or immediate disqualification from getting a license for 2 years Fines range from $75 -$500, with a Increased fines for By -law offences from voluntary payment option of $75 $14042,100, with a voluntary payment option of $140 Q,r BY-LAW REFORM RECOMMENDATION lb PUBLIC SAFETY — DRIVING RECORD Requirement for driving experience Driving record in excellent standing CURRENT BY-LAW PROPOSED BY-LAW REFORM No minimum requirement for years of A minimum of two (2) years driving driving experience experience No driving history requirement A minimum of four (4) points on the driving abstract at all times M,IU BY-LAW REFORM RECOMMENDATION 1c PUBLIC SAFETY - TRAINING Create training requirement to obtain and maintain a taxi license Curriculum to be developed by the Advisory Committee and approved by Common Council CURRENT BY-LAW PROPOSED BY-LAW REFORM No training required to obtain taxi Possible training topics include: license • Geography and points of interest • Customer service skills • English proficiency • Taxi By -law orientation • Proper installation of child car seats Pzfa SW BY-LAW REFORM RECOMMENDATION Id PUBLIC SAFETY —VEHICLE REQUIREMENTS Create a standard for taxicabs with vehicles not to exceed a certain age Create a standard for taxicabs for number of doors and cylinders CURRENT BY-LAW PROPOSED BY-LAW REFORM No vehicle age limit Taxicab age not to exceed seven (7) years Customized accessible taxicab age not to exceed twelve (12) years No minimum number of doors Taxicabs to have a minimum of four (4) doors, with the exception of minivans — three (3) doors No minimum number of Taxicabs to be a minimum four (4) cylinder cylinders vehicle Mzu. le PUBLIC SAFETY - INSURANCE Create a higher standard for taxicab insurance Create notification requirements for changes to insurance boli CURRENT BY-LAW Property damage and public liability insurance - minimum $1 million No notification requirement for policy change No notification requirement for policy cancellation PROPOSED BY-LAW REFORM Comprehensive motor vehicle insurance - minimum $2 million Letter from insurer to Taxi Inspector required upon change to insurance policy Insurance policy to require 30 days prior written notice to Taxi Inspector before policy can be cancelled by insurer MIC BY-LAW REFORM RECOMMENDATION 2a FAIR AND REASONABLE RATES - FARES Requirement tooperate with use of meters CURRENT BY-LAW PROPOSED BY-LAW REFORM No requirement for meters or zones. Meters will be required to be used in City's Taxi Industry uses zones, self- all taxicabs in the City, for use at all regulated. times. 251 BY-LAW REFORM RECOMMENDATION 2b FAIR AND REASONABLE RATES — STANDARD RATES Implement standardized rates by By-law CURRENT BY-LAW PROPOSED BY-LAW REFORM Rates are not regulated in the by -law; taxi Standardized rate to be set by By -law industry sets their own rates Prior to adoption of the new By -law, Review Committee will be tasked with studying and providing recommendations regarding the setting of metered by -law rates. After By -law adoption, the Advisory Committee will be tasked with recommending to Common Council when metered rates should be adjusted. OM 0011W Role of Taxicab Advisory CafTImittee • Committee's concern over lack of authority • Review Committee recommends expanded role for Advisory Committee, including: — Studying meter implementation details, and meter inspection and testing — Researching driver training curriculum — Annual rate review — recommend to Common Council if adjustments are required — Modified structure of Committee 253 Ir Recommendati =ons Y 1. That the reform recommendations be adopted by Common Council; 2. That the City Solicitor be directed to draft the new Taxicab By -law; 3. That the Review Committee be mandated to consider policy issues that arise during by -law drafting; study and recommend metered rates; 254 W 0011W Recommendations Y 4. That the Advisory Committee be tasked with studying and making recommendations to Common Council respecting the setting of the technical and operational requirements of the meters and a program to inspect and test the meters; 5. That the Advisory Committee be tasked with studying and making recommendations respecting the curriculum and implementation of a taxicab driver training program; 255 0001"0 Recommendations 6. That the City Manager, Common Clerk, City Solicitor and Police Chief be directed to provide staff resources, if necessary, to assist the Advisory Committee; 7. That the Police Chief and City Solicitor review the administration and enforcement requirements under the By -law and advise on the resources required so license fees charged under the By -law will achieve cost recovery. 4�- QUESTIONS? 7k QtA REPORT TO COMMON COUNCIL M &C- 2011 -317 2 December 2011 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Procurement Policy and Procedures BACKGROUND: a ®a City of Saint John Staff of the Materials Management — Purchasing Section, in response to Council's request in 2010 to have the City's Procurement Policy reviewed and if necessary updated, have worked diligently to comply with that request and present for Councils consideration and approval, a completely revamped Procurement Policy document supported by a newly created set of Procurement Procedures. The initial referral was prompted by a concern raised by your Purchasing Agent that the City's present policy and more specifically, City Manager and Senior Staff approval levels, had fallen behind those of cities of a similar size. Staff however undertook, given additional concerns raised by various user groups, vendors and the City Solicitor's Office, to review the entire document. This process took approximately one full year to complete and included input from various City Departments including Facility Management, Building Inspection, Engineering, Municipal Operations, Saint John Water, Fire, Leisure Services and the City Manager. Once all of this input was vetted and incorporated into the draft document it was reviewed and after several revisions, approved by the City Solicitors Office. The final documents are enclosed for your consideration. 258 Page Two ANALYSIS: Included with this report are two documents; the first is a revamped and updated Procurement Policy while the second is a comprehensive set of administrative Procedures designed to guide Council, staff and the vendor community to remain compliant with the Council approved policy. The Procurement Policy; The following is an overview of the important changes that make this policy more timely and relevant than the ones it is designed to replace. The first and most important change is found in the Table of Contents where Council will note that this policy incorporates all of the previous policies into one document. Past Councils had previously adopted, in addition to the present Procurement Policy, the following; The Corporate Card Policy, for small dollar purchases The Policy for the Engagement of Professional Services The Proposal Call Method of Vendor Selection For the sake of clarity and simplicity, staff will recommend that Council rescind all of these policies in favour of one all encompassing document. The next point of note is contained in the Policy Statement. The City has traditionally held to the philosophy that all procurements, regardless of their type, with an estimated value of $25,000.00 or greater, should be obtained by means of an advertised public call for bids whether they are tenders, proposals or expressions of interest. This approach has put the City out of step with other municipalities in the Province and the Province itself. The City is not isolated in the procurement of Goods and Services, it is in fact guided and required to comply with a number of external doctrine including the Public Purchasing Act of the Province of NB, The Agreement on Internal Trade, between the provinces of NB, NS and PEI, and the Agreement on External Trade between Canada and the United States. In each of these prevailing documents the thresholds for advertised public bidding are much different than those employed by the City. As demonstrated in the policy statement, staff are recommending compliance with these thresholds so that advertised public bidding would be limited to Goods in excess of $25,000, Services in excess of $50,000 and Construction in excess of $100,000. 259 Page Three Another significant change can also be found in the Policy Statement in that the City Manager's approval authority, in keeping with the approval authorities of other City Managers in New Brunswick, should be increased to $75,000. Staff has found, in its attempt to establish bench marks, through its inquiries with other municipalities, that Saint John has one of the lowest City Manager and Staff approval thresholds of the major municipalities in the area. Fredericton's Manager has $50,000 approval while Moncton's has $75,000. Other Canadian municipalities were found to set no limits on their City Manager instead their Councils approve expenditures at the budget level and leave the award of bids to staff. Staff believes at the very least the City's Manager should keep pace with the highest approval level presently being employed by a New Brunswick City, ie $75,000. There are of course conditions set that limit this spending approval. They are; 1) the requirements of this policy and procedure must have been adhered to and 2) funds must be available in the annual operating or capital budgets. Failing these conditions being met, all expenditures must have the approval of Mayor and Council. Section 3 of this policy, for the purposes of clarity, includes definitions that are not included with the present policies. Section 4 of this policy, in keeping with the above recommendations concerning the proposed increase in approvals for the City Manager, extends those approvals, in similar but increased fashion. This is no different than those contained in the present policy. The City Manager has determined, for the sake of efficiency and expediency that various senior managers, those responsible for the administration of operating and capital budgets, should be entrusted to approve certain expenditures from the budgets they administer. Similar to the City Manager, these approvals are contingent on adherence to the City's Procurement policies and funding availability in the supporting budgets. In addition to the revised spending limits, Section 4 provides additional information and direction for the user departments in the area of their responsibilities and authorities, the requirement to ensure approval of funding for all procurement initiatives, restrictions and a "Notwithstanding" section that clearly states when Council's approval is required. Section 5 of the policy states the various bid solicitation methods as determined by the various thresholds previously described in the policy statement section. This section allows staff to bring together in one document all of the policies that previously stood alone and apart of the existing procurement policy document. Staff and vendors alike, now have one central point of reference for all of their procurement decisions. Most, if not all of the information contained in this section is exactly as it was stated in the various individual policies with one notable exception. The dollar limit for the use of the Corporate Card has been increased from $1,150.00 to a maximum of $2,500.00. This is intended to accommodate those individuals who use the Corporate Card as a Travel Card; to arrange airline 260 Page Four flights, conference registrations and/or accommodations. It is not intended that every card issued would have this level of approval and in many cases this threshold, which is administered by the Manager of Materials Management, would be applied to the card on a temporary bases, to accommodate periodic or infrequent travel requests. Section 5.10 of the policy deals with what was previously referred to, in the existing policy, as Supply Agreements. Staff, through its communications with various other jurisdictions has found that the process most commonly employed to establish an agreement for the provision of goods or services at a fixed price for a predetermined time is a Standing Offer. Unlike a Supply Agreement, a Standing Offer is an agreement to supply /purchase which is not a formal contract and is therefore not binding on either parry. A contract only exists when a drawdown from the Standing Offer is initiated. At that point the thresholds for spending approval come into play and must be adhered to in accordance with this policy. Staff of the Materials Management Section is authorized to seek competitive bids for the establishment of these Standing Offers and are only required to seek the preapproval of Council for an award if the anticipated individual drawdown is expected to exceed the City Managers Approval Level. Section 5.11 of this procurement policy puts into writing what was previously understood and employed by staff, with City Manager or Council approval. This section is designed to guide staff and inform suppliers of the City's rights in the absence of competitive bidding. Section 5.12 again adds clarity to the section contained in the present policy that deals with the City's rights in the case of a "Special Circumstance" or emergency situations that poses a threat to the public's health of safety. In similar fashion to section 5.11, sections 5.13 through 7.0 put into writing that which is a part of the unwritten processes presently employed to deal with each of the described situations. The City Solicitors Office advises it is not legally prudent to assume everyone knows what the proper process is and that all such processes should be documented. Procurement Procedures; While this document is new to the City's procurement process for goods, services and construction, it is not new to the City of Saint John. Most, if not all of the processes described within this document are contained in the General Specifications approved for use by the City's Engineering Section for the solicitation of competitive bids for the construction of infrastructure projects. Given the complexity of the legal requirements to tender for goods, professional services and construction as it relates to land preparation, building renovations or new construction initiatives, it is necessary to document the procedures required 261 Page Five to guide staff and inform potential bidders of their obligations and the City's rights. These procedures therefore are designed to be presented in concert with the revised policies for the procurement of goods, services and construction. Changes to these procedures will happen more frequently, as dictated by external circumstances, than will changes to the Procurement Policy, therefore staff are recommending that unlike the policy which requires Councils approval to amend, that these procedures be received by Council as administrative in nature and as such requiring only the approval of the City Manager to be amended. FINANCIAL IMPLICATIONS: None INPUT FROM OTHERS: As indicated earlier in this report, staff had previously sought and incorporated, as appropriate, input from various stakeholders. In addition to this staff sought and incorporated the input and guidance of the City Solicitors and City Managers Offices in this policy and associated procedures. RECOMMENDATION: It is recommended that; 1) The present City of Saint John Procurement Policy, Corporate Card Policy, Policy for the Engagement of Professional Services and Proposal Call Method of Vendor Selection, be rescinded, and 2) The City of Saint John Policy for the Procurement of Goods, Services and Construction, dated December 1, 2011 and contained herein be adopted, and 3) The Procedures for the Procurement of Goods, Services and Construction, dated Dec 1, 2011 and attached herein be received and filed as administrative procedures under the authority of the City Manager. Respectfully submitted, oj��- David J. Logan Purchasing Agent Patrick Woods City Manager 262 263 POLICY FOR THE PROCUREMENT OF GOODS, SERVICES AND CONSTRCTUION December 1, 2011 264 TABLE OF CONTENTS 265 PAGE 1.0 PROCUREMENT POLICY STATEMENT 1 2.0 INTRODUCTION 2 3.0 DEFINITIONS 3 4.0 AUTHORITIES 6 4.1 Spending Limits 6 4.2 Responsibilities and Authority 6 4.3 Requirement for Approved Funds 7 4.4 Restrictions 7 4.5 Total Project Cost 8 4.6 Prescribed Council Approval 8 5.0 BID SOLICITATION METHODS 9 5.1 General 9 5.2 Petty Cash / Purchases Under $75 10 5.3 Purchases Under $2,500 10 5.4 Corporate Card 11 5.5 Request for Quotation 13 5.6 Public Tender 15 5.7 Request for Proposal — RFP 18 5.8 Professional Services 22 5.9 Legal Services 24 5.10 Standing Offer Purchases - (Supply Agreements) 25 5.11 Non - Competitive Purchases - Sole Source 26 5.12 Special Circumstance (Emergency) Purchases 27 5.13 Follow -On Non - Competitive Contracts for Professional Services 27 5.14 Unsolicited Proposals 28 5.15 Contract Without Budgetary Appropriation 28 6.0 CO- OPERATIVE PURCHASING 29 7.0 SURPLUS DISPOSAL 29 8.0 CONFLICT OF INTEREST 30 265 Page 11 1.0 PROCUREMENT POLICY STATEMENT The City of Saint John recognizes that the taxpayers of this City expect and have the right to receive a high level of service at the lowest possible cost. The City of Saint John recognizes that increased competition results in lower costs. Therefore the following policy applies to the procurement of all Goods, Services and /or Construction for The City of Saint John; Goods, Services or Construction with a total cost of $2,500 or less, shall be obtained by way of the Corporate Purchasing Card or a Purchase Order. All Goods, Services or Construction with a total cost in excess of $2,500 are to be obtained by way of a competitive bidding process as described in this policy and by the following methods; • if Goods are valued at less than $25,000, Services are valued at less than $50,000, or Construction is valued at less than $100,000, bids may be invited, • if Goods are valued at $25,000 or more, Services are valued at $50,000 or more, or Construction is valued at $100,000.00 or more, public tenders will be called. The City Manager has the authority to approve all expenditures up to a value of $75,000, in accordance with the application of this policy and upon the identification of funds in Council approved Budgets. Any expenditure which exceeds this limit or for which funds are not available in the budget, requires the approval of Common Council. Subject to legislated requirements related to thresholds and processes, the City Manager has the express authority to approve any and all amendments to related Procurement Procedures of this policy. All dollar amount approval thresholds stated in this policy are excluding taxes. This policy and the related procedures shall be administered by Materials Management under the direction of the City Manager. 266 Procurement Policy 2.0 INTRODUCTION Page 12 Materials Management is responsible for the Purchase of Goods and Services and the procurement of Construction Contracts for all City Departments, except the procurement of infrastructure construction Contracts and Professional Services required by the Engineering Section of the Municipal Operations Department. Materials Management is the City's link to the vendor community on all matters relative to the procurement of Goods, Services and Construction. Materials Management shall prepare, or assist with the preparation of, all Bid documents, related reports and recommendations for consideration, approval and Award by The City Manager and/or Common Council on all procurement related matters. Any deviation from this policy will be referred to the City Manager for appropriate action. 267 Procurement Policy 3.0 DEFINITIONS Page 13 In this policy, the following capitalized words and expressions shall have the following meanings: "Amendment" means an increase or decrease to an existing Contract related to a change in scope that is unanticipated; "Award" means authorization to proceed with the Purchase of Goods, Services and Construction from a chosen Supplier; "Best Value" means the optimal balance of performance and cost determined in accordance with a pre - defined evaluation plan; "Bid" means an offer or submission from a Supplier in response to a Bid Solicitation; "Bid Solicitation" means a formal request for bids that may be in the form of a Request for Quotations, Request for Qualifications, Request for Tenders, Request for Proposals or Request for Standing Offer; "Budget(s) " means Council approved annual General Fund Operating and Capital Budgets and Saint John Water Operating and Capital Budgets, including authorized revisions; "City" means The City of Saint John; "Construction" means a Construction, re- Construction, demolition, repair or renovation of a building, structure, property, land or other non infrastructure related civil engineering or architectural work and includes site preparation, excavation, drilling, seismic investigation, the supply of products and materials and the supply of equipment and machinery if they are included in and incidental to the Construction, and the installation and repair of fixtures of a building, structure or other non infrastructure related civil engineering or architectural work, but does not include Professional Services related to the Construction Contract unless they are included in the procurement; "Consulting Services" means assistance to management, including but not limited to the areas of strategic analysis, organizational design, change management, policy development, feasibility studies, technical design, tendering assistance, construction/contract administration and other services intended to assist decision making within the organization; "Contract" means a binding agreement by way of a Purchase Order or Purchase Order incorporating a formal agreement or a formal agreement between two or more parties that creates an obligation to do or not to do a particular thing; "Council" means the Mayor and Common Council of The City of Saint John; .: Procurement Policy 3.0 DEFINITIONS (Cont'd) Page 14 "Department Head" means the person appointed by Council or the City Manager to be responsible for the operation of a City Department. This term can apply to, but is not limited to, the positions of; Commissioner, Fire Chief or Department Manager; "Disposal" means the removal of material from the City by sale, trade -in, alternative use or destruction; "Division" - means an organizational unit, within a Department headed by a Division Manager; "Division Manager" is the person appointed by Council, the City Manager or a Department Head to be responsible for the operation of a Division. This term can apply to, but is not limited to, the position of; Deputy Commissioner, Deputy Fire Chief, Director or Division Manager; "Electronic Tendering" means the use of a computer -based system directly accessible by Suppliers irrespective of their location that provides them with information related to Bid Solicitations; ie NB Online Web Site and/or City of Saint John Home Page; "Fair Market Value" means the price that would be agreed to in an open and unrestricted market between knowledgeable and willing parties dealing at arm's length who are fully informed and not under any compulsion to transact; "Follow -On Contract" means situations where the City, in the original Contract or Bid Solicitation document, has indicated the potential for the Award of subsequent phases of a project to the successful service provider; "Goods" means chattels including, a. the costs of installing, operating, maintaining or manufacturing such chattels, and b. raw materials, products, equipment and other physical objects of every kind and description whether in solid, liquid, gaseous or electronic form, unless they are procured as part of a Construction Contract; "Lowest Compliant Bid" means the Bid that will provide the City with the desired Goods, Services and Construction at the lowest cost and which meets all the specifications; "Materials Management" means the Purchasing Agent and his /her designated staff responsible for performing the procurement functions of the City, in accordance with this Policy; "Purchase" means to acquire Goods, Services or Construction by outright purchase, rental, lease or trade; 269 Procurement Policy 3.0 DEFINITIONS (Cont'd) Page 15 "Professional Services" means Services requiring the skills of Professionals for a defined service requirement or for a specific project related deliverable including but not limited to the areas of health and wellness, engineering, architecture, design, planning, information technology, financial auditing and fairness commissioners; "Purchase Order" means a written offer to a Supplier formally stating all terms and conditions to Purchase Goods, Services or Construction or a written acceptance of an offer received in accordance with this policy; "Quote" means a Bid submitted in response to a Request for Quotation; "Security Deposit" means a deposit of securities by a Supplier that the City may convert under defined conditions to fulfill the Suppliers' contractual obligations; "Services " means the provision of labour or labour and materials by tradesmen including but not limited to plumbers, electricians, cleaners, auto repair, etc.; "Special Circumstance" means a) an event that is exceptional or could not be foreseen and poses a threat to the health, safety or welfare of the public, or b) an event that could cause loss or damage to public or other property or c) an event that has disrupted essential services provided by the City that must be re- established without delay; "Standing Offer" means an offer from a Supplier that allows the City to Procure /Purchase frequently ordered Goods, Services or Construction from said Supplier at prearranged prices, under set terms and conditions; "Substantive Objection" means a written objection provided to Materials Management or the Division Manager by an interested party giving specific reasons for the objection to a specific Bid Solicitation or anything pertain thereto and subject to the proviso that the objection is not precluded by legislation or applicable trade agreements; "Supplier " an individual or a corporation in the business of providing goods, services or construction materials and/or services for a fee; "Tender" means a written, formal offer from a Supplier, received in response to an advertised Request for Tenders. "Terms of Reference" includes any and all stated objectives, scope, deliverables, specifications, terms and conditions of a Bid Solicitation. To establish the definition of any other purchasing term not herein included, reference shall be made to the latest edition of the National Institute of Governmental Purchasing Guide. 270 Procurement Policy 4.0 AUTHORITIES 4.1 Spending Limits Page 16 Provided that all associated transactions are in accordance with the requirements of this Policy, spending authorities for the procurement of Goods, Services and Construction Contracts are delegated as follows: Spending Approval a) Council ........................ b) City Manager .............. c) Department Heads....... d) Division Managers...... e) Line Manager .............. Category ...........................More than $75,000 ... ........................$75,000 or less ... ........................$25,000 or less ... ........................$15,000 or less .. .........................$7,500 or less 4.2 Responsibilities and Authority a) Department Heads are responsible for procurement activities within their departments and Divisions and are accountable for achieving the specific objectives of the procurement policy. b) Division Managers have the authority to Award Contracts in the circumstances specified in this policy provided that the delegated power is exercised within the limits prescribed in this policy, and the requirements of this policy are met. C) Division Managers shall, upon request, provide to Materials Management evidence that the Contract pricing represents Fair Market Value. d) Materials Management is responsible for, i. providing professional procurement advice and services, ii. monitoring compliance with this policy and any applicable legislation and Trade Agreements, iii. notifying Division Managers or Department Heads, in advance if possible, of non - compliance with this Policy and applicable legislation and Trade Agreements, and iv. notifying the City Manager and/or Council of the non - compliance. e) For Awards of value equal to the spending limits established at section 4.1b) to e), Materials Management may Award a Contract on behalf of the City, provided that 271 Procurement Policy Page 17 Materials Management is in receipt of an approved and funded requisition and the requirements of this policy are met. f) The City Manager is authorized to instruct Department Heads not to Award Contracts but to submit recommendations to Council for approval and the City Manager may provide additional restrictions concerning procurement where in his opinion or in the opinion of Materials Management, such action is considered necessary and in the best interest of the City. 4.3 Requirement for Approved Funds a) The authority to Award a Contract is subject to the identification and availability of sufficient funds in appropriate accounts within the Budget(s). b) Where Goods and Services are routinely purchased or leased on a multi -year basis, the authority to Award a Contract is subject to the following conditions: i. the identification and availability of sufficient funds in appropriate accounts for the current year within the Budget(s). ii. the requirement for the Goods or Services will continue to exist in subsequent years and, in the opinion of the Commissioner of Finance, the required funding can reasonably be expected to be made available, and iii. the Contract has a provision in it that the supply of Goods or Services in subsequent years is subject to the approval by Council of the Budget estimates to meet the proposed expenditures. C) The City Manager may reject all Purchase requests for Contracts for which sufficient funds are not available and identified unless, in the opinion of The City Manager, the funding shortfall is minimal and alternative funding has been identified. 4.4 Restrictions a) The spending limits stipulated at section 4.1 may not be divided into two or more parts to avoid the application of the provisions of this policy. b) No person shall Award a Contract where Materials Management has determined that the provisions of this policy have not been adhered to and has so advised the person responsible for the procurement. C) Materials Management shall reject all Purchase requisitions for Services where the Services could result in the creation of an Employee - Employer Relationship. 272 Procurement Policy 4.5 Total Proiect Cost Page 18 To determine whether a Contract falls within the prescribed spending limits set out at section 4.1, the Contract amount shall be the sum of all costs to be paid to the Supplier under the Contract, excluding all taxes. 4.6 Prescribed Council Approval a) Notwithstanding any other provision of this policy, the following Contracts are subject to Council approval: i. any Contract prescribed by Statute to be made by Council, ii. where the Bid price is higher than the Budget(s) and the necessary adjustments cannot be made, iii. where the revenue amount proposed for acceptance is lower than the Budget(s) and the necessary adjustments cannot be made, iv. where a Substantive Objection emanating from the Bid Solicitation has been filed with the Division Manager or with Materials Management, V. where a major irregularity precludes the Award of a Tender to the Supplier submitting the lowest bid, vi. where authority to approve has not been expressly delegated, and vii. where a Contract is a result of a public private partnership ( "P3 ") opportunity. b) No provision of the policy precludes a Division Manager or Materials Management from submitting a recommendation for Award to Council where: in the opinion of a Division Manager or Materials Management, it is in the best interest of the City to do so. 273 Procurement Policy 5.0 BID SOLICITATION METHODS 5.1 General Page 19 The following methods for the procurement of Goods, Services and Construction are in accordance with the Public Purchasing Act of the Province of New Brunswick and the Agreement on Internal Trade: Procurement Methods Project Cost Petty Cash $75 or less, Corporate Purchasing Card or Other $2,500 or less, Means Approved by the Commissioner of Finance Request for Quotation or Goods Less Than $25,000, Proposal Services Less Than $50,000, (Invitation to Bid) Construction Less Than $100,000 Request for Tender Goods $25,000 and greater (Advertised Public Tender) Services $50,000 and greater Construction $100,000 and greater Request for Proposal Goods $25,000 and greater (Advertised Call for Proposals) Services $50,000 and greater Construction $100,000 and greater Request for Standing Offer Any cost Non - Competitive Purchase Any cost Each procurement method is more fully described in Sections 5.2 to 5.12 inclusive. Requests for Quotation and Public Requests for Tender shall be used where a requirement can be fully defined and Best Value for the City can be achieved by an Award made on the basis of the Lowest Compliant Bid. The Request for Proposal method shall be used, i. where to achieve Best Value, the Award will be made on an evaluated dollar per point or other method involving a combination of mandatory and desirable requirements, based on clearly defined criteria, ii. where the requirement is best described in a general performance specification, iii. where innovative solutions are sought, and iv. where cost is not the sole determining factor in making an Award. 274 Procurement Policy Page 110 5.2 Petty Cash / Purchases Under $75 a) A Division Manager is authorized to establish a Petty Cash fund in an amount necessary to meet the requirements of the Division for the acquisition of Goods, Services or Construction having a per transaction value of $75 or less. b) Expenditures not exceeding $75, including purchases of Goods, Services and Construction, may only be made from Petty Cash when it is not feasible to use a Corporate Purchasing Card. C) Purchases made pursuant to Section 5.2 and 5.3 shall be made from the competitive marketplace wherever possible. d) The dollar limit referred to at Section 5.2 a) does not apply to registration or search fees and land transfer tax payable in real estate transactions. e) All petty cash disbursements shall be evidenced by vouchers and shall be processed through the Commissioner of Finance. 5.3 Purchases Under $2,500 a) Payment for the Purchase of Goods, Services or Construction not exceeding $2,500 incurred in the general administration of a Division may be made using: i. a properly authorized corporate procurement card, ii. a properly authorized Purchase Order, or iii. a Payment Voucher, from a supplier's invoice, where i or ii cannot be used. b) The method used to Purchase the Goods, Services or Construction shall demonstrate that Fair Market Value was achieved. C) Subject to subsection 5.3d), whenever possible and practicable, the method used to make a Purchase not exceeding $2,500 shall include evidence that a minimum of three verbal or written Quotes were obtained. d) The Division Manager may directly select a Supplier to provide Professional Services without obtaining Quotes where the total cost of the Professional Services does not exceed $2,500. e) For a Purchase not exceeding $2,500, the Division Manager may delegate his/her authority to a designate provided the person to whom he /she delegated his /her authority complies with the requirements of this policy. 275 Procurement Policy Page 111 5.4 Corporate Card a) General This section outlines the procedure for the use of the corporate purchasing card for the Purchase of items not exceeding $2,500.00, exclusive of tax. The total monthly limit per cardholder will be established by Materials Management. The purchasing card is designed for the Purchase of small dollar necessary items in an efficient manner and with minimal administrative work. The general criteria for using the corporate purchasing card are as follows: i. $2,500.00 (excluding taxes) or less per transaction; ii. larger purchases MUST NOT be broken down into smaller purchases in order to meet the transaction limit set out at paragraph i; iii. the cardholder shall obtain a receipt at the point of sale and verify it for accuracy. The cardholder shall retain receipts and charge slips and record on log for tax and audit purposes; iv. some vendors have been "blocked" from usage in the program. If the card is presented to any of these vendors, the transaction will be declined; V. the cardholder is required to account for all purchasing card transactions on a log form provided by the City for this purpose. Each month, the log and receipts are to be submitted to the cardholder's Supervisor for review; vi. although the card is issued in the cardholder's name, it is the property of the City and is for City purchases only. Under no circumstances may the purchasing card be used for personal purchases; vii. the purchasing card is user specific. No one shall attempt to purchase an item using a card issued to another person. Delegation of authority is not permitted in making transactions; viii. all maintenance for the purchasing card is handled by Materials Management. Any update or modification to a cardholder's name, address and transaction limits shall be made through Materials Management. b) Program Responsibility i. Materials Management is responsible for maintaining a file of individual daily transaction errors to assist in the resolution of potential problems; ii. Materials Management is responsible for administering the overall program. 276 Procurement Policy Page 1 12 iii. Accounts Payable is responsible for approving the consolidated purchasing card statement for payment. iv. Materials Management is responsible for the reconciliation of monthly activity logs V. The cardholder: • must ensure the corporate purchasing card is signed upon receipt and must return the acknowledgment letter to Materials Management confirming receipt of card. • is responsible to notify the Bank and Materials Management IMMEDIATELY if the purchasing card is lost or stolen. • is responsible to contact the Bank when disputing a charge by contacting the Customer Service at the number noted on the purchasing card. • must retain all receipts and credit card slips to attach to the activity log which must be submitted monthly, within 2 weeks of receipt of the cardholder statement. Failure of the cardholder to adhere to these requirements may, at the sole discretion of Materials Management, result in loss of corporate card privileges c) Monthly Payment Procedure i. A summary statement is sent to Accounts Payable for payment processing, ii. an individual statement is sent to each cardholder, iii. it is the responsibility of the approving Supervisor of the cardholder to review the monthly individual statement and then forward to Materials Management for data entry, iv. the signature of the Supervisor indicates that all charges for the cardholder have been reviewed and are in compliance with the City policies and procedures. d) Protecting the Corporate Card The cardholder must: i. Sign the back of a new card as soon as he /she receives it, ii. Make a note of the card information and the number. 277 Procurement Policy Page 1 13 iii. Never leave the card unattended at work, and never leave the card in a vehicle, iv. Always check the card when it is returned to him /her after a Purchase, to ensure that it is his /hers. V. When traveling, carry the card with him/her, and make sure it is in a secure location, vi. Report lost or stolen card immediately e) Summary This program is designed to be simple and easy to use, providing the cardholder with what is needed to perform his /her job more efficiently. However, there is a need to maintain appropriate controls to ensure the on -going success of the program. The Cardholder is expected to exercise good judgment and act responsibly when using the card. The card is issued in the Cardholder's name and all activity will be assumed to have been incurred by him/her. The Cardholder must maintain his/her Purchasing Card transaction log accurately and always retain his /her receipts with his/her log for audit and tax purposes. 5.5 Request for Quotation (RFQ) For the City to obtain maximum value for every tax dollar, the following procurement method shall be followed for all Purchases with a value as stated at s. 5.1 for Request for Quotations: a) The Request for Quotation is a Bid Solicitation where Quotes are obtained from Suppliers without formal advertising or receipt of sealed Bids. b) Requirements estimated at the thresholds identified at s. 5.1 for RFQ shall be handled by the RFQ procedure. However, there may be requirements estimated at less than the limits identified at s. 5.1 for RFQ, where Bids may be solicited using a Request for Tender or a Request for Proposal. C) The Division Manager shall provide to Materials Management a purchase requisition or written request containing the relevant specifications, terms and conditions for the Purchase of Goods, Services or Construction. d) Materials Management shall: i. review the specifications, terms and conditions relevant to the acquisition of Goods, Services or Construction, 278 Procurement Policy Page 1 14 ii. when necessary, suggest changes or provide other information to the Division Manager to promote competitive bidding, iii. prepare Bid documents, iv. give notice of the Bid Solicitation: • by using the Electronic Tendering system, or • by requesting submissions from, when possible or practicable, a minimum of three bidders contained on a list of registered vendors maintained by Materials Management and who appear best qualified to meet the provisions of the quotation, or • by any combination thereof which will result in appropriate notice being given, V. at the time designated for receipt of bids, publicly open the Bids, and vi. review the bids with the Division Manager to ensure compliance with the Terms of Reference. C) The City Manager, Department Head, Division Managers, or Materials Management on behalf of a Division Manager, may Award Contracts emanating from a Bid Solicitation not exceeding the limits identified at section 4.1 provided that: i. sufficient funds are available and identified in appropriate accounts within Council approved budget estimates including authorized revisions, ii. the Award is to the Lowest Compliant Bid, iii. Materials Management is in receipt of a funded requisition, and iv. the provisions of this policy are followed. f) Where the discretion referred to in paragraph e) is exercised, written documentation respecting the Award of the Contract is to be kept on the procurement file. g) The Purchase of Goods, Services or Construction referred in Subsection 5.5b) shall be made through the issue of a Purchase Order by Materials Management or a standing offer. 279 Procurement Policy 5.6 Public Tender a) General Page 1 15 The City of Saint John, as a means of obtaining maximum competition for City business and to afford all interested parties an opportunity to compete for this business, has approved the following procurement method for all expenditures in excess of $25,000 for Goods, $50,000 for Services and $100,000 for Construction. The City may, at its sole discretion, divulge the names of those who have taken out Tender documents to any other bidder or organization. These procedures for the preparation of Tenders and for the public opening of Tenders apply to all public Requests for Tenders issued on behalf of the City for the Purchase of Goods or Services or Construction. They do not apply to invited bids or to Requests for Proposals. b) Procedures i. An advertised Public Tender shall be used for Purchases exceeding the limits specified at s. 5.1 for "Request for Tender" where all of the following criteria apply: • two or more sources are considered capable of supplying the requirement, • the requirement is adequately defined to permit the evaluation of Tenders against clearly stated specifications, • it is intended to accept the Lowest Compliant Bid. ii. The Division Manager shall provide to Materials Management a written request containing the relevant specifications, terms and conditions, and estimated total cost for the acquisition of Goods, Services or Construction. iii. Materials Management shall follow the procedure prescribed at Subsection 5.5d) with the following modifications: • Electronic Tendering shall be used for notification, complemented, if appropriate, by other means, • Sealed Tenders with a public opening shall be required, • The closing time for receipt of Tenders shall be that stated in the Tender advertisement. The Tender advertisement shall indicate the location of the box for receipt of Tenders. The advertisement shall also state the location of the public Tender opening. Immediately following closing time the box shall be sealed by Materials Management, and removed to the Tender opening room. :1 Procurement Policy Page 1 16 • It is the responsibility of each of the Tenderers to ensure that its Tender is placed in the Tender box. The City accepts no responsibility for Tenders that have been mailed, hand delivered or left outside the Tender box. C) Tender Opening Decisions, at the Tender opening, concerning the validity of a Tender, are final and not subject to appeal. Public Tenders will be opened in a room where the public as well as those submitting Tenders are welcome. Tenders will be opened, checked for content and the name and amount of the Tender announced. Tenders submitted by fax, electronically or by any other means will not be considered. Common Council has appointed a Tender opening committee which shall reject Tenders for the following reasons: i. Absence of, or an insufficient or incorrect, Bid bond or Security Deposit, ii. Unsigned Tender, iii. Failure to Bid any single item when specifications require all items to be Bid, iv. The submission of more than one Tender by the same tenderer - in which case all Tenders submitted by the said Tenderer shall be rejected, V. A change in the written or numeric bid price on a Tender form that has not been initialed by the bidder. The use of white out or correction film is considered a change and must be initialed by the bidder, vi. The absence of required documents or the failure to comply with the Tender documents, vii. Tenders received after the closing time for Tenders. Tenders which are rejected by the Tender opening committee will be returned to the bidder at the address contained in the Tender documents. Prices of rejected Tenders will not be announced at the Tender opening. Tenders will be considered even in the event they contain any of the following errors: i. Error in mathematics - whether this involves the extension of a unit price or an error in addition, the mistake will be corrected and the correct total will be used for evaluation purposes and will be binding on the Tenderer. 281 Procurement Policy Page 1 17 ii. Conflict between the written Bid and the numerical Bid. In all cases the total Bid is corrected to reflect the written Bid, whether lump sum or unit price, iii. Omission of "provisional sum" amounts that are established by the department and do not affect the competitive nature of the Tender. These amounts normally cover unspecified extra work. If omitted on the Tender, the amount is added and the total price corrected. Provisional sums in this instance are those which the bidder is requested to write in on the Tender form. Provisional sums which are specified in the specifications to be included in lump sum bids must be so included and each tenderer's price will be assumed to contain such prices. d) Correction or Withdrawal of Tenders before Tender Opening Correction or withdrawal of Tenders already placed in the Tender box will only be permitted where an amending letter signed by the person who signed the Tender in a sealed envelope is placed in the Tender box prior to Tender opening. The amending letter must clearly specify that the Tenderer intends to withdraw its Tender or, in the case of an Amendment, clearly indicate the part of the Tender that the amending letter is intended to replace. Amending letters received by Fax, electronically or by any other means will not be considered. e) Correction or Withdrawal of Tenders after Tender Opening No tenderer is permitted to amend or withdraw its Tender after Tender closing. If a tenderer finds an error has been made in his Tender, said Tenderer must leave the Tender as is, or request from Council permission to withdraw the Tender. Requests to Withdraw must be submitted in writing, in original format and signed by the same individual who signed the Tender, to the Mayor and Council, c/o The Common Clerk stating the reason(s) for the request. Council will decide whether or not to grant the request based on the information supplied by the bidder and a recommendation from staff. Council will not necessarily allow the withdrawal and may require the bidder to perform the Contract or forfeit the Bid deposit. f) Materials Management shall forward to the appropriate Division Manager a summary of the procurement and recommend the Award of Contract to the Lowest Complaint Bid. g) Materials Management, on behalf of the Division Manager, shall prepare and submit a recommendation for Award to either Common Council, or the City Manager. 282 Procurement Policy Page 1 18 h) The City Manager or his Designate may Award Tenders for Goods or Services or Construction Contracts (up to $75,000) emanating from a Request for Tender provided that: i. the Award is to the Tenderer who submitted the Lowest Compliant Bid, ii. sufficient funds are available and identified in appropriate accounts within the Budget including authorized revisions, iii. Materials Management is in receipt of an approved requisition, and iv. the requirements of this policy have been met. i) Where the authority referred to in Subsection 5.6 h) is exercised, written notification respecting the Award of the Contract is to be kept in the procurement file. j) The Division Manager shall comply with the provisions of Section 3.5 "Contractual Agreement "of the procurement procedures regarding the Award of Contract. k) A Standing Offer, as defined in Section 5. 10, may be used where appropriate, for purchases resulting from a Request for Tenders. 5.7 Request for Proposal - RFP a) A Request for Proposal may be used where one or more of the criteria for issuing a Request for Quotation or a Request for Tender cannot be met, such as in the following circumstances: i. owing to the nature of the requirement, Suppliers are invited to propose a solution to a problem, requirement or objective and the selection of the Supplier is based on the effectiveness of the proposed solution rather than on price alone, or ii. it is expected that negotiations with one or more bidders may be required with respect to any aspect of the requirement, or iii. it has been reasonably determined that the cost of Professional Services for a given project will be greater than $50,000. b) A Division Manager who wishes to proceed with an RFP shall provide Materials Management with a written request containing, as a minimum: the specifications of the goods or the scope of the services, the Terms of Reference and the evaluation criteria to be applied in assessing the proposals submitted. C) The City Manager or his designate may select a Supplier to provide Professional Services without competition where: 283 Procurement Policy Page 1 19 i. the estimated total cost does not exceed $50,000, and/or ii. the Professional Service required is exempt, under the Public Purchasing Act of the Province of New Brunswick, or other applicable trade agreement(s), from the requirements of competitive bidding. d) Materials Management shall issue a Request for Proposal in the same manner as for a Request for Tender as set out in Section 5.6, excluding the requirement for a public opening, if the estimated value is greater than $25,000 for Goods, $50,000 for Services or $100,000 for Construction. e) Where the requirement is not straightforward or an excessive workload would be required to evaluate proposals, either due to their complexity, length, number or any combination thereof, a multi -step procedure may be used that would include a pre - qualification stage. f) A Selection Committee, composed of a minimum of two representatives from the Division and a representative from Materials Management, shall review all proposals against the established criteria and reach consensus on the final rating results and ensure that the final rating results with supporting documents are kept in the procurement file. g) Materials Management shall forward to the Division Manager a summary of the procurement and the recommendation of the Selection Committee for Award of Contract to the Supplier meeting all mandatory requirements and providing Best Value as stipulated in the Request for Proposal. h) The City Manager may Award a Contract of $75,000 or less for Goods, Services or Construction, emanating from a Request for Proposal provided that: i. sufficient funds are available and identified in appropriate accounts within Budget(s) including authorized revisions, ii. the Award is made to the Supplier meeting all mandatory requirements and providing Best Value as stipulated in the Request for Proposal, iii. Materials Management is in receipt of an approved requisition, and iv. the provisions of this Policy are followed. i) Where the discretion referred to in paragraph h) is exercised, written notification respecting the Award of the Contract is to be kept in the procurement file. j) Awards emanating from a Request for Proposal which are valued at more than $75,000 for Goods, Services or Construction require Council approval. k) The Division Manager shall comply with the provisions of Section 3.5 "Contractual Agreement" of the Procurement Procedures regarding the Award of Contract. ., Procurement Policy Page 120 1) Proposals must be delivered in sealed envelopes to the Purchasing Agent, 2nd floor, Municipal Operations Complex, 175 Rothesay Ave., no later than the date and time specified in the proposal call. Late proposals or proposals submitted by fax, electronically or by any other means will be rejected. m) Immediately following the specified closing time, proposals will be publicly opened in the office of the Purchasing Agent. Only the names and addresses of proponents will be made public at that time. n) Proposals will be referred to the selection committee for review. The selection committee reserves the right to short-list the proponents and to request an additional verbal presentation from each short listed proponent. The names and contact information of the selection committee members shall not be made public. There will be no direct contact between the proponents and individual committee members, and unless expressly stated otherwise, all correspondence with the selection committee will be addressed to Materials Management. o) Unless otherwise expressly stated in the Proposal Call, the evaluation of proposals shall be based on the following criteria: (i) Quality and Completeness: • Has the proponent addressed all of the needs identified? Is the proposal presented in an organized and professional manner? (ii) Vendors Experience: • Has the proponent demonstrated a level of expertise with the requirements of this project? (References for projects of a similar nature.) (iii) Experience of Employees /Sub - Contractors: • Has the proponent demonstrated a level of expertise for the employees of the company and any sub - trades listed? (Resumes for staff and any sub - trades required.) (iv) Methodology: • Does the approach to the work, outlined in the proponent's proposal, address, in a realistic sense, attainable goals and is it in keeping with the City's' expectations for the project? 285 Procurement Policy Page 121 (v) Value Added: (vi) Cost: • What additional information, technology, processes or options has the proponent included in his Proposal. Is there value added to the proponent's response for this additional information? • Cost will be a factor, however neither the only factor nor the determining factor, in the evaluation of Proposals. Proponents of Professional Services are to provide an estimated range of cost for their services. P) The City does not, by virtue of a Request for Proposals, commit to an Award of a project. Further, the City reserves the right not to accept the lowest cost proposal submitted. The City reserves the right to accept the Proposal deemed to be in the best interest of the City. q) Upon completion of the review process, a report with a recommendation on the Award of a proposal call shall be submitted by the City Manager to Common Council, for approval. r) Unless otherwise stated in the Request for Proposals, questions arising from a Request for Proposals shall be directed to Materials Management. S) Immediately following the City's acceptance of the Proposal submitted as a result of a formal Request for Proposal, Materials Management shall send a written notification of award to all unsuccessful proponents disclosing the name of the successful proponent and providing a brief explanation rationalizing the City's selection: For all Requests for Proposals valued at Fifty Thousand Dollars ($50,000.00) or less, the written notification of award will be the only form of debriefing offered by the City; ii. In the case of Requests for Proposals valued in excess of Fifty Thousand Dollars ($50,000.00), Materials Management may, in addition to the notification of award and upon written request from any proponent, provide a more detailed oral debriefing either by phone or in person, as required by the proponent. During this debriefing, Materials Management may disclose information such as the total price of the successful proponent and may discuss :. Procurement Policy Page 122 an overview of the process as well as the strengths and weaknesses of the requesting proponent's proposal. iii. The written request referred to paragraph (ii) shall be submitted to the Office of the Purchasing Agent no later than fifteen (15) business days after the notification of award is issued. iv. The acceptance of the successful Proposal shall not be discussed during a debriefing. 5.8 Professional Services a) General Notwithstanding the noted exemptions in the New Brunswick Public Purchasing Act, the engagement of Professional Services, including but not limited to, accountants, auditors, architects, engineers, surveyors, designers, planners, programmers and trainers, will be undertaken in a fair, open, and equitable fashion utilizing the method outlined in this section. The procedures for the engagement of Professional Services recognize that the level of expertise and effort is dictated by the scope and complexity of the requirement. These considerations determine the relative cost to complete the requirement. For the purpose of this policy, it is estimated that the cost of Professional Services shall be in the range of approximately 15% to 20% of the total estimated project cost. For example, if a project is estimated to cost $100,000.00 to complete, it will be assumed that the cost of related Professional Services may be up to $20,000. b) Methods of Vendor Selection and Approval AuthoritX The following standard is in accordance with the estimated cost of Professional Services: 287 Est. Cost JU Process Approval Level 1 Up to Based on ability and Division Manager $15,000 experience 2 $15,000- Based on ability and Department Head 25,000 experience 3 $25,000— Written Submissions City Manager 50,000 by Invited Bids (Minimum of 3 287 Procurement Policy Page 123 C) Professional Services with a value up to $15,000 The engagement of Professional Services with an estimated value up to $15,000.00 shall be at the discretion of the Division Manager responsible for the project and the budget. Competitive Bids are not required; however, it is the responsibility of the Division Manager to ensure that all vendors are treated fairly and equitably. Upon selection of the vendor, it is the responsibility of the Division Manager to meet with the service provider to review the requirements of their engagement and to obtain a written estimate of the fees to be charged. This estimate shall be forwarded to Materials Management with an approved requisition. Service providers will be selected on the basis of their ability to provide the specific Professional Services required. d) Professional Services with a value of $25,000 or less The purchase of Professional Services valued at $25,000.00 or less shall be at the discretion of the Department Head responsible for the project and the associated budget. Before purchasing Professional Services valued at $25,000.00 or less, the Department Head shall ascertain the total cost of the project to ensure that the said Professional Services are not in fact valued at no more than $25,000.00 and therefore within the Department Head's spending authority. The Department Head shall also ensure that all potential vendors are treated fairly and equitably. Upon selection of the service provider, it is the responsibility of the Department Head to meet with the said service provider to review the requirements of their engagement and to obtain a written estimate of the fees to be charged. This estimate shall be forwarded to Materials Management with an approved requisition. Service providers will be selected on the basis of their ability to provide the specific Professional Services required. NW where possible) 4 $50,000- Advertised Public City Manager $75,000 Call for Proposals 5 $75,000 Advertised Public Council and up Call for Proposals C) Professional Services with a value up to $15,000 The engagement of Professional Services with an estimated value up to $15,000.00 shall be at the discretion of the Division Manager responsible for the project and the budget. Competitive Bids are not required; however, it is the responsibility of the Division Manager to ensure that all vendors are treated fairly and equitably. Upon selection of the vendor, it is the responsibility of the Division Manager to meet with the service provider to review the requirements of their engagement and to obtain a written estimate of the fees to be charged. This estimate shall be forwarded to Materials Management with an approved requisition. Service providers will be selected on the basis of their ability to provide the specific Professional Services required. d) Professional Services with a value of $25,000 or less The purchase of Professional Services valued at $25,000.00 or less shall be at the discretion of the Department Head responsible for the project and the associated budget. Before purchasing Professional Services valued at $25,000.00 or less, the Department Head shall ascertain the total cost of the project to ensure that the said Professional Services are not in fact valued at no more than $25,000.00 and therefore within the Department Head's spending authority. The Department Head shall also ensure that all potential vendors are treated fairly and equitably. Upon selection of the service provider, it is the responsibility of the Department Head to meet with the said service provider to review the requirements of their engagement and to obtain a written estimate of the fees to be charged. This estimate shall be forwarded to Materials Management with an approved requisition. Service providers will be selected on the basis of their ability to provide the specific Professional Services required. NW Procurement Policy Page 124 e) Professional Services with a value of $50,000 or less The engagement of Professional Services with a value of $50,000 or less shall be at the discretion of the City Manager. User departments shall obtain, where possible and practicable, three written estimates of cost based on the total value of the project and the scope of the work. Staff shall ensure that those who have an expertise in the specific discipline required are afforded an opportunity to submit cost estimates. Once approved by the City Manager, copies of the estimates are to be forwarded to Materials Management with an approved requisition. f) Professional Services with an estimate value greater than $50,000 The engagement of Professional Services with an estimated value greater than $50,000, but less than $75,000, shall require the approval of the City Manager. Common Council approval is required for all expenditures of more than $75,000. Users will coordinate their requirements through Materials Management, who will employ the "Request for Proposal - RFP" method detailed in Section 5.7. g) Insurance Notwithstanding the estimated cost or the procurement method employed, in each and every instance where the services of a professional are engaged, it is mandatory to ensure that the individual or firm retained has current and sufficient liability insurance coverage. Proof of coverage is required prior to any formal engagement of services. Details of type and minimum requirements of insurance coverage may vary depending on the project. This information is available from the City's Insurance and Claims Officer. 5.9 Legal Services The procurement of legal services is exempt from a competitive process and from the use of a purchase order, if made in accordance with the delegation of authority to the City Solicitor. The City Solicitor shall annually report to Council on the use of external legal services. Procurement Policy Page 125 5.10 Standing Offer Purchases — (Supply Agreements) a) A Request for Standing Offer may be used where: i. one or more departments /divisions repetitively order the same Goods or Services and the actual demand is not known in advance, or ii. a need is anticipated for a range of Goods or Services for a specific purpose, but the actual demand is not known at the outset, and delivery is to be made on a "when required" basis. b) Materials Management is authorized to establish and maintain Standing Offers that define Goods and/Services to be provided by selected suppliers for a fixed term and at a fixed cost and within the spending limits defined by this policy. C) To establish prices and select sources, Materials Management shall follow the provisions for Requests for Quotations, Requests for Proposals and Requests for Tenders contained in this policy for the acquisition of Goods and Services. d) More than one Supplier may be selected where it is in the best interests of the City and the Bid Solicitation allows for an award to more than one Supplier. i. In circumstances where competition results in a large number of identical offers from different vendors, Materials Management may use the factors identified at section 3.3 "Equal Bids" of the Procurement Procedures to break a tie. e) Where purchasing is initiated by a Division for frequently used Goods or Services for which a Standing Offer is in place, the Division must make every effort to make the purchase with the Supplier(s) listed in the Standing Offer. f) In a Request for Standing Offer, the expected quantity of the specified Goods or Services to be purchased over the time period of the agreement will be as accurate an estimate as practical and be based, to the extent possible, on previous usage adjusted for any known factors that may change usage. g) No contract exists between the Supplier and the City until the City places a Purchase Order against the Standing Offer. h) A call -up, in the form of a Purchase Order, against a Standing Offer is considered to be an individual Contract, and the approval authority for a Contract Award is as prescribed at section 4.1. Where it is anticipated, based on historical data, that an individual call -up from a Standing Offer will exceed the City Manager's approval 290 Procurement Policy Page 126 level ($75,000 or less), the Award of the Standing Offer must have the approval of Council. i) In keeping with subsection h), the Commissioner of Finance, or his designate, acting on behalf of Council, may approve a call -up against a Standing Offer, equal to the maximum approved by Council, provided that the purchase is properly authorized by the Division Manager, is consistent with the intent, terms, specifications and conditions of the Standing Offer and all the requirements of this policy are complied with. 5.11 Non - Competitive Purchases — Sole Source a) The requirement for competitive Bid Solicitation for Goods, Services and Construction may be waived under the authority of the City Manager or Common Council and replaced with negotiations by the Division Manager and Materials Management under the following circumstances: i. where competition is precluded due to the application of a piece of legislation or because of the existence of patent rights, copyrights, technical secrets or controls of raw material, ii. where a Special Circumstance exists, iii. where the possibility of a Follow -on Contract was identified in the original Bid Solicitation, iv. in any of the circumstances listed as exemptions to competitive public purchasing in Regulation 94 -157 under the Public Purchasing Act. b) When a Division Manager intends to select a Supplier to provide Goods, Services or Construction pursuant to paragraph a), said Division Manager shall advise Materials Management in writing of the compelling rationale that warrants a non- competitive selection and obtain Materials Management approval. C) The Supplier in whom the Division Manager and Materials Management have the greatest confidence to fulfill the requirement and who provides for Fair Market Value shall be recommended to the City Manager and/or Council for Contract Award. d) The City Manager may Award a Contract emanating from negotiations, including that for which no competitive bids were solicited, provided that: i. the funds are available in appropriate accounts within the Council approved Budgets, including authorized revisions to meet the proposed expenditure, ii. the amount of the Contract does not exceed $75,000. 291 Procurement Policy Page 127 iii. the Division Manager and Materials Management are both satisfied that the Contract represents Fair Market Value. e) Non - competitive Awards valued at more than $75,000 require the approval of Common Council. f) The Division Manager shall comply with the provisions of Section 3.5 "Contractual Agreement" of the Procurement Procedures regarding the use of an agreement or Purchase Order for non - competitive purchases. 5.12 Special Circumstance (Emergency) Purchases a) When a Department Head is of the opinion that a "Special Circumstance" which warrants a non - competitive purchase exists, the Department Head may authorize the purchase of such Goods, Services and Construction as is considered necessary to remedy the situation without regard to the requirement for a Bid Solicitation and may Award the necessary Contract provided that the Contract does not exceed $25,000. b) Where the extent or the severity of the "Special Circumstance" which warrants a sole source purchase is such that the expenditure is likely to be in excess of $25,000 but less than $75,001, the City Manager, Chief City Engineer or Commissioner of Finance may Award the necessary Contracts for the purchase of such Goods, Services and Construction as is considered necessary without regard to the requirement for a Bid Solicitation provided that the City Manager is satisfied that adequate funds may be appropriated from accounts within the Budget(s). C) Where the extent or the severity of the "Special Circumstance " which warrants a sole source purchase is such that the expenditure is likely to be more than $75,000, and circumstances allow, Common Council may Award the necessary Contracts for the purchase of such Goods, Services and Construction as is considered necessary without regard to the requirement for a Bid Solicitation provided that Common Council is satisfied that adequate funds may be appropriated from accounts within the Budget(s). d) Notwithstanding paragraphs b) and c), should the nature of the "Special Circumstances" be such that the health, welfare or safety of the public is in jeopardy, the Department Manager shall undertake whatever steps are necessary to correct an emergency situation expeditiously. e) The relevant details surrounding the application of paragraphs a), b) or d) shall be included in a report which shall be submitted to Council at the earliest possible opportunity, following the Special Circumstance. 292 Procurement Policy Page 128 5.13 Follow -On Non - Competitive Contracts for Professional Services a) Where a reasonable likelihood exists that, on completion of a Contract, it will be necessary to Award a non - competitive Contract for additional, related Professional Services, the Division Manager shall ensure that the possibility of a Follow -on Contract will be identified in the original Bid Solicitation and Contract Award. b) Fees for any Follow on Contract shall be based on the same unit or per diem rates as are contained in the original Contract or Bid, and Materials Management shall draft all Request for Proposals for Professional Services accordingly. 5.14 Unsolicited Proposals a) Unsolicited Proposals received by the City shall be reviewed by the Division Manager and Materials Management. b) Any procurement activity resulting from the receipt of an Unsolicited Proposal shall comply with the provisions of this policy. C) A Contract resulting from an Unsolicited Proposal shall be awarded on a non- competitive basis only when the procurement complies with the requirements of a Non - Competitive Purchase, as defined at section 5.11. 5.15 Contract Without Budgetary Appropriation Where a requirement exists to initiate a project for which Goods, Services or Construction are required and funds are not contained in appropriate accounts within the Council approved Budget(s) to meet the proposed expenditure, the Division Manager shall, prior to the commencement of the purchasing process, submit a report, through the City Manager, to Council containing: • information surrounding the requirement to contract, • the terms of reference to be provided in the Contract, and • information on the availability of the funds within existing Budget(s), which were originally approved by Council for other purposes or on the requirement for additional funds. 293 Procurement Policy 6.0 CO- OPERATIVE PURCHASING Page 129 a) Materials Management may participate with other government agencies or public authorities in Co- operative Purchasing, or exercise the City's right to call -up Goods or Services, in accordance with the spending limits established in this policy, from existing Standing Offers established by the Province of New Brunswick, where it is in the best interests of the City to do so. b) The policies of the government agencies or public authorities calling the co- operative Tender are to be the accepted policy for that particular Tender so long as it complies with the requirements of the New Brunswick Public Purchasing Act and all applicable trade agreements. 7.0 SURPLUS DISPOSAL a) Division Managers shall submit to Materials Management reports of furniture, vehicles, equipment, stocks of all supplies, and other Goods or materials, which are no longer used or which have become obsolete, worn out, or incapable of being used. b) Materials Management may transfer furniture, vehicles, equipment, surplus stock, and other Goods and materials from one Division to another. C) Materials Management may sell by public auction or competitive sealed Bid, all furniture, vehicles, equipment, surplus stock, supplies, or other Goods or materials which have become unsuitable for use by the City or exchange or trade for new or other similar Goods or materials. d) Sale of surplus furniture, vehicles, equipment, stock, supplies and other Goods or materials shall be made to the highest bidder and the sale shall be made in accordance with the provisions of the City's Procurement Policy. e) Surplus furniture, equipment, stock, supplies and other Goods or materials that have been determined by Materials Management to have no residual value, may, at the discretion of the Manager of Materials Management, be disposed of as garbage. f) At no time or under no circumstances are the surplus assets of the City to be disposed of by donation or direct sale to City employees or retirees. City employees or retirees may only obtain ownership of surplus through one of the competitive bidding methods described herein. g) The City Manager, at his sole discretion, and upon a recommendation from Materials Management, may set aside the requirements of 2.14 (a) to(f) so as to donate, or negotiate a direct transfer by sale, of surplus furniture, equipment, stock, supplies or Goods to another municipality or any recognized or registered charity. 294 Procurement Policy 8.0 CONFLICT OF INTEREST Page 130 The City shall not purchase Consulting Services or Professional Services from a vendor whose services were hired by a private sector developer on the same or a related project. 295 PROCEDURES FOR THE PROCUREMENT OF GOODS, SERVICES AND CONSTRUCTION December 1, 2011 .T TABLE OF CONTENTS PAGE 1.0 DEFINITIONS 1 2.0 GENERAL PROCUREMENT PROCEDURES 4 2.1 Contract Award 4 2.2 Trade Agreements 4 2.3 Notification of Procurement Opportunities 4 2.4 Procurement Documentation 5 2.5 Initiation or Cancellation of a Bid Solicitation 6 2.6 Confidentiality 6 2.7 Land Interest 6 3.0 BID AND CONTRACT ADMINISTRATION 7 3.1 Submission of Bids 7 3.2 Over Budget Bids 7 3.3 Equal Bids 7 3.4 Guarantees of Contract Execution and Performance 8 3.5 Contractual Agreement 10 3.6 Exercise of Contract Renewal Options 11 3.7 Contract Amendments and Revisions 11 3.8 Execution and Custody of Documents 12 3.9 Bidders List 12 3.10 Receipt of Goods 12 3.11 Access to Information 13 3.12 No Preferential Treatment 13 3.13 Reserved Rights 13 3.14 Limitation of Liability and Waiver 15 297 11 1.0 DEFINITIONS In this policy, the following capitalized words and expressions shall have the following meanings: "Amendment" means an increase or decrease to an existing Contract related to a change in scope that is unanticipated; "Award" means authorization to proceed with the Purchase of Goods, Services and Construction from a chosen Supplier; "Best Value" means the optimal balance of performance and cost determined in accordance with a pre - defined evaluation plan; "Bid" means an offer or submission from a Supplier in response to a Bid Solicitation; "Bid Solicitation" means a formal request for bids that may be in the form of a Request for Quotations, Request for Qualifications, Request for Tenders, Request for Proposals or Request for Standing Offer; "Budget(s) " means Council approved annual General Fund Operating and Capital Budgets and Saint John Water Operating and Capital Budgets, including authorized revisions; "City" means The City of Saint John; "Construction" means a Construction, re- Construction, demolition, repair or renovation of a building, structure, property, land or other non infrastructure related civil engineering or architectural work and includes site preparation, excavation, drilling, seismic investigation, the supply of products and materials and the supply of equipment and machinery if they are included in and incidental to the Construction, and the installation and repair of fixtures of a building, structure or other non infrastructure related civil engineering or architectural work, but does not include Professional Services related to the Construction Contract unless they are included in the procurement; "Contract" means a binding agreement by way of a Purchase Order or Purchase Order incorporating a formal agreement or a formal agreement between two or more parties that creates an obligation to do or not to do a particular thing; "Council" means the Mayor and Common Council of The City of Saint John; .; Procurement Procedures 1.0 DEFINITIONS (Cont'd) Page 12 "Department Head" means the person appointed by Council or the City Manager to be responsible for the operation of a City Department. This term can apply to, but is not limited to, the positions of; Commissioner, Fire Chief or Department Manager; "Division" - means an organizational unit, within a Department headed by a Division Manager; "Division Manager" is the person appointed by Council, the City Manager or a Department Head to be responsible for the operation of a Division. This term can apply to, but is not limited to, the position of, Deputy Commissioner, Deputy Fire Chief, Director or Division Manager; "Electronic Tendering" means the use of a computer -based system directly accessible by Suppliers irrespective of their location that provides them with information related to Bid Solicitations; ie NB Online Web Site and/or City of Saint John Home Page; "Goods" means chattels including, a. the costs of installing, operating, maintaining or manufacturing such chattels, and b. raw materials, products, equipment and other physical objects of every kind and description whether in solid, liquid, gaseous or electronic form, unless they are procured as part of a Construction Contract; "Holdback" means an amount deducted from any payment made by the City under the Contract and retained by the City pursuant to the Mechanics' Lien Act to ensure the complete performance of the Contract; "Lowest Compliant Bid" means the Bid that will provide the City with the desired Goods, Services and Construction at the lowest cost and which meets all the specifications; "Materials Management" means the Purchasing Agent and his /her designated staff responsible for performing the procurement functions of the City, in accordance with this Policy; "Purchase" means to acquire Goods, Services or Construction by outright purchase, rental, lease or trade; "Professional Services" means Services requiring the skills of Professionals for a defined service requirement or for a specific project related deliverable including but not limited to the areas of health and wellness, engineering, architecture, design, planning, information technology, financial auditing and fairness commissioners; "Progress Payment" means a payment made under the terms of a Contract after the performance of part of the Contract but before the performance of the whole Contract; 299 Procurement Procedures 1.0 DEFINITIONS (Cont'd) Page 13 "Purchase Order" means a written offer to a Supplier formally stating all terms and conditions to Purchase Goods, Services or Construction or a written acceptance of an offer received in accordance with this policy; "Services " means the provision of labour or labour and materials by tradesmen including but not limited to plumbers, electricians, cleaners, auto repair, etc.; "Standing Offer" means an offer from a Supplier that allows the City to Procure /Purchase frequently ordered Goods, Services or Construction from said Supplier at prearranged prices, under set terms and conditions; "Supplier " an individual or a corporation in the business of providing goods, services or construction materials and/or services for a fee; "Tender" means a written, formal offer from a Supplier, received in response to an advertised Request for Tenders. "Terms of Reference" includes any and all stated objectives, scope, deliverables, specifications, terms and conditions of a Bid Solicitation. To establish the definition of any other purchasing term not herein included, reference shall be made to the latest edition of the National Institute of Governmental Purchasing Guide. 300 Procurement Procedures Page 14 2.0 GENERAL PROCUREMENT PROCEDURES 2.1 Contract Award The within procedures shall be followed when making a Contract Award or a recommendation of a Contract Award to Council. 2.2 Trade Agreements a) Procurement by the City is subject to the provisions of the Public Purchasing Act of the Province of New Brunswick and amendments thereto as well as internal trade agreements. b) Where the Public Purchasing Act or an applicable trade agreement is in conflict with this Policy, the Act and/or the trade agreement shall take precedence. C) Materials Management shall advise the relevant approving authority where a procurement action does not comply with applicable legislation or trade agreements as early as possible in the procurement process. 2.3 Notification of Procurement Opportunities a) Notification of procurement opportunities exceeding $25,000 for Goods, $50,000.00 for Services and $100,000 for Construction shall be made by open Electronic Tendering means. b) Notification of procurement opportunities by means of open Electronic Tendering may be complemented by other means. C) Notifications of procurement opportunities below the thresholds stated in Subsection 5.3 (a) may be made by means of open Electronic Tendering. d) If means other than Electronic Tendering is used for notification of procurement opportunities, Material Management shall ensure wide dissemination and equal opportunity for Suppliers. e) Bidders lists may be maintained in exceptional circumstances for specific Goods, Services and Construction where open Electronic Tendering or other notification means will not notify the specific Supplier community of the opportunity. 301 Procurement Procedures 2.4 Procurement Documentation Page 15 a) In order to maintain consistency, Materials Management shall prepare and distribute procurement documentation. Materials Management may also provide instructions to Division Managers on procurement policies and procedures and on the structure, format and general content of procurement documentation. b) Materials Management shall review proposed procurement documentation with the Division Manager to ensure clarity, reasonableness and quality and shall advise the Division Manager of suggested improvements. C) Procurement documentation shall avoid use of specific products or brand names. d) In procurement documentation, preference shall be given to the use of standards that have been certified, evaluated, qualified, registered or verified by independent nationally recognized and industry- supported organizations such as the Standards Council of Canada. C) Notwithstanding subsection 2.4 c), a Division Manager may specify a product or brand name for essential functionality purposes to avoid unacceptable risk or for some other valid purpose. In such instances, the Division Manager and Materials Management shall manage the procurement to achieve a competitive situation if possible. f) Division Managers shall: i. give consideration to the need for value analysis comparisons of options or choices, ii. ensure that adequate value analysis comparisons are conducted to ensure that the specifications will provide Best Value, and iii. forward the value analysis to Materials Management for documentation on the procurement file. g) Materials Management shall issue and maintain guidelines for the documentation and content of Terms of Reference and general scopes of work. 302 Procurement Procedures Page 16 2.5 Initiation or Cancellation of a Bid Solicitation Material Management may, at its sole discretion, require approval of the Department Head for the initiation or the cancellation of a Bid Solicitation. 2.6 Confidentiality a) The Division Manager and Materials Management shall ensure that the confidentiality of any Bid submitted is maintained in accordance with the provisions of the Right to Information and Protection of Privacy Act, as amended. b) Notwithstanding the requirements of 2.6 a), in the case of an invited or publically advertised Request for Tender, the name and address of the successful Bidder, the product information, the bid price and the delivery information shall be made public upon request. C) In the case of a response to a Request for Proposals, only the name and address of the bidders will be made public prior to Award. After Award, only non proprietary information about the successful bidder's proposal will be made public, all other information is subject the Right to Information and Protection of Privacy Act. 2.7 Land Interest Where land interests are required for a construction project, the Department Head shall cause the said land interests to be secured before the Bid Solicitation process is initiated. 303 Procurement Procedures Page 17 3.0 BID AND CONTRACT ADMINISTRATION 3.1 Submission Of Bids Tenders shall only be accepted in paper form, ensuring confidentiality and security including maintaining the "sealed" nature of bids as long as necessary, where required. Other Bids may be accepted by facsimile, electronically or by any other means when so stipulated in the Bid Solicitation document, and subject to Materials Management having in place appropriate arrangements to receive said Bids. 3.2 Over Buduet Bids If the tender price of the Lowest Compliant Bid exceeds the City's project budget or the Division Head's estimate for the project, the City may proceed with negotiations with the lowest compliant bidder. Said negotiations shall be conducted within a prescribed time frame to identify changes in scope and/or quantities of work, in exchange for a corresponding bid price reduction. Where the City and the lowest compliant bidder establish acceptable changes and a corresponding bid price reduction, those changes shall be documented as post bid addendum. Any such negotiations or resulting recommendations shall be conditional and subject to the approval of Common Council and, in accordance with the Limitation of Liability and Waiver set out in these procedures, there shall be no liability resulting from any failure to award a Contract. Where acceptable changes and a corresponding bid price reduction cannot be successfully negotiated with the lowest compliant bidder, the City may proceed with a new Bid Solicitation at a later date. 3.3 Equal Bids If equal bids are received as a result of a Bid Solicitation, factors which may be considered in breaking the tie include but are not limited to: i. prompt payment discount, ii. when delivery is an important factor, the bidder offering the best delivery date will be given preference, iii. a bidder in a position to provide better after sales service, with a good record in this regard, will be given preference, iv. a bidder with an overall satisfactory performance record will be given preference over a bidder known to have an unsatisfactory performance record. 304 Procurement Procedures Page 18 3.4 Guarantees Of Contract Execution And Performance Bid Bond a) The Division Manager and Materials Management may require that a bid be accompanied by a Bid Bond or other similar security to guarantee entry into a Contract, and the Bid Solicitation documents shall be drafted accordingly. Performance Bond b) In addition to the Bid Bond referred to in paragraph a), the successful Supplier may be required to provide, i. a Performance Bond to ensure the performance of the Contract, and ii. a Payment Bond to guarantee the payment for labour and materials to be supplied in connection with the Contract. Security C) The Division Manager and Materials Management shall select the appropriate means to guarantee execution and performance of the Contract. Means may include, but are not limited to, financial bonds or other forms of Security, provisions for liquidated damages, Progress Payments, and Holdbacks. d) The Division Manager and Materials Management shall ensure that the guarantee selected will: i. be sufficient to cover financial risks to the City, ii. provide flexibility in applying leverage on a Supplier so that the penalty is proportional to the deficiencies, and iii. comply with provincial statutes and regulations. e) Financial bonds for Contract performance shall be required in all cases where the total contract cost for a Construction Contract exceeds $100,000 and where the City will be exposed to costs if the selected Contractor does not complete the requirements of the Contract. Insurance f) Prior to commencement of work and where appropriate, the City may request evidence that Liability Insurance Coverage, satisfactory to the City's Insurance Coordinator, has been obtained, naming the City as an additional insured. 305 Procurement Procedures Worksafe NB Page 19 g) Prior to commencement of work and where appropriate, Vendors shall provide a Certificate of Clearance from WorkSafeNB. Holdback h) In addition to any other requirements contained in these procedures, for all Construction Contracts under which a lien may arise under the Mechanics Lien Act, the City shall deduct from any payment made pursuant to the contract and retain for a period of sixty (60) days after the completion or abandonment of the Contract: i. An amount equal to twenty per cent (20 %) of the value of the work done and of the material furnished to be used in the said contract; or ii. Where the value of the work and material exceeds Fifteen Thousand Dollars ($15,000.00), the amount to be retained shall be equal to fifteen per cent (15 %) instead of twenty per cent (20 %). The City shall release the holdback on Construction Contracts when all of the following conditions have been met: i. sixty (60) days have passed since the completion or abandonment of the Contract; ii. the Contractor provided to the City a statutory declaration to the effect that all expenses incurred by the Contractor in carrying out the Contract have been paid. Said statutory declaration must be signed and sealed by a Commissioner of Oaths, Notary Public or Justice of the Peace; iii. the Contractor has provided to the City a certificate issued to The City of Saint John by a lawyer who is in good standing with the Law Society of New Brunswick wherein the lawyer certifies that no mechanics' liens have been filed in the Registry Office with respect to the Contract which remain outstanding sixty -one (61) days after the Contract was completed or abandoned; iv. the Contractor has provided to the City a Clearance Certificate from Worksafe NB; and V. the Division Manager or designate, under whom the work was performed, certified that the conditions of the Contract have been satisfied. If deficiencies are identified and remain outstanding prior to the release of the mechanics' lien holdback, then the City may retain from the mechanics' lien holdback an amount equal to twice the City's estimate of the cost of remedying the deficiencies until the said deficiencies are remedied to the satisfaction of the City. 306 Procurement Procedures Page 110 Contractors are required to provide a separate invoice for the release of hnlrlhnA -Q Payment Withheld i) Where the Contractor does not provide a statutory declaration or does not complete the Contract or fulfill all its obligations under the Contract, the City may withhold payment of the monies which would otherwise have become due under the Contract, and during this time, the City shall not be required to pay interest. Right of Set -Off j) Without restricting any right of set -off given or implied by law, the City may set- off against any amount payable to a Contractor under a Construction Contract, any payment due to the City by the Contractor under the said Construction Contract or the City's estimate of the dollar value of deficiencies which the City identified under the Construction Contract. Without restricting the generality of the foregoing, the City may, when making payments under the Contract, deduct from the amount payable by virtue of the right of set -off from the Contractor. 3.5 Contractual Agreement a) The Award of Contract may be made by way of an agreement, or as a Purchase Order. b) A Purchase Order should be used when the resulting Contract has a value less than $100,000 and shall contain the terms and conditions of the relevant Bid Solicitation. C) A formal agreement should be used when the resulting Contract has a value greater than $100,000 and/or is complex in its requirements and may contain terms and conditions other than the City's standard terms and conditions. d) It shall be the responsibility of the Division Manager with Materials Management and the City Solicitor to determine if it is in the best interest of the City to issue a Purchase Order or establish a formal agreement with the Supplier. e) Where a formal agreement is required, the said formal agreement shall be reviewed and approved by the City Solicitor, and executed by the Mayor and Common Clerk once the appropriate resolution of Common Council is in place. f) Where a formal agreement is not required, Materials Management shall issue a Purchase Order incorporating the terms and conditions relevant to the Award of Contract. 307 Procurement Procedures Page 111 3.6 Exercise Of Contract Renewal Options a) Where a Contract contains an option for renewal, the Division Manager may authorize Materials Management to exercise such option provided that: i. the Supplier's performance is considered to have met, or exceeded, the requirements of the Contract, and ii. the Division Manager and Materials Management agree that the exercise of the option is in the best interest of the City, and iii. funds are available in appropriate accounts within the Budget(s) including authorized revisions to meet the proposed expenditure. b) The Division Manager, pursuant to paragraph a), shall provide to Materials Management a written explanation of why the renewal is in the best interest of the City and include comments on the market situation and trends. C) Unless otherwise stated in the bid documents, inflationary increases for Contract renewal shall be limited to fifty percent (50 %) of the Statistics Canada annual CPI unless the Supplier can demonstrate, to the satisfaction of Materials Management, that its costs have increased significantly from the original Contract price and these cost increases can be independently verified by the Materials Management. 3.7 Contract Amendments And Revisions a. No Amendment or revision to a formal Agreement shall be valid unless the Amendment is in the best interest of the City, is in writing and is signed by both parties to the Agreement. b. There shall be no Amendment that changes the price of a Contract unless there is a corresponding change in requirement or scope of work. C. Amendments to Contracts are subject to the identification and availability of sufficient funds in appropriate accounts within Council approved Budgets including authorized revisions. d. The City Manager may authorize an Amendment to a Contract provided that the total amended value of the Contract is within the approval authority of the City Manager set out at section 4.1 of the City's Procurement Policy. e. Council approval is required for an Amendment to a Contract where the total amended value of the procurement exceeds the City Manager's approval authority set out at section 4.1 of the City's Procurement Policy. 1: Procurement Procedures Page 112 3.8 Execution And Custody Of Documents a) Division Managers are authorized to execute procurement documents in the name of the City for which the Award was made by delegated authority. b) Materials Management shall have the authority to execute Purchase Orders and to establish Standing Offers in accordance with this policy. C) Materials Management and the Common Clerk shall be responsible for the safeguarding of all original procurement and Contract documentation, in accordance with the applicable rules, legislation and Regulations. 3.9 Bidders List a) Materials Management shall maintain a list of bidders who have expressed a desire and the ability to compete for City business, b) Companies and individuals on this list may be notified of quotations and tenders for goods and services in which they have expressed an interest, C) Bidders who fail to respond to three consecutive Bid Solicitations, without explanation, may be removed from this list, d) The Division Manager shall document evidence and advise Materials Management in writing when the performance of a Supplier has been unsatisfactory, whether it be failure to meet Contract specifications, terms and conditions, contract deadlines or because of Health and Safety violations, e) Upon receipt of a Supplier's performance details, Materials Management, in consultation with the Division Manager, and the City Solicitor may preclude an unsatisfactory bidder from competing on future Bid Solicitations. 3.10 Receipt Of Goods a) The Division Manager shall, i. upon receipt of the Goods, arrange for the prompt inspection of said Goods to confirm compliance with the terms of the Contract, and ii. inform Materials Management of discrepancies immediately. b) Materials Management shall coordinate an appropriate course of action with the Division Manager for non - compliance or discrepancies. 309 Procurement Procedures Page 113 3.11 Access To Information Unless otherwise stated herein, the disclosure of information received relevant to the issue of Bid Solicitations or the Award of Contracts emanating from Bid Solicitations shall be made by the appropriate officers in accordance with the provisions of the Right to Information and Protection of Privacy Act, as amended. 3.12 No Preferential Treatment Pursuant to s. 4 of the Public Purchasing Act, the City shall not give preference to any bidder based on their geographic place of business. 3.13 Reserved Rights In any of its Bid Solicitation, the City reserves the right to: a) Reject an unbalanced Tender. For the purpose of this section, an unbalanced Tender is a Tender containing a unit price which deviates substantially from, or does not fairly represent, reasonable and proper compensation for the unit of work bid or one that contains prices which appear to be so unbalanced as to adversely affect the interests of the City. The City reserves the right to use Tenders submitted in response to other like or similar Requests for Tenders as a guideline in determining if a bid is unbalanced. b) Amend or modify the scope of a project, and /or cancel or suspend the Bid Solicitation at any time for any reason. C) Require vendors to provide additional information after the Closing Date for the Bid Solicitation to support or clarify their bids. d) Not accept any or all bids. e) Not accept a bid from a bidder who is involved in litigation, arbitration or any other similar proceeding against the City. f) Reject any or all bids without any obligation, compensation or reimbursement to any bidder or any of its team members. g) Withdraw a Bid Solicitation and cancel or suspend the Bid Solicitation process. h) Extend, from time to time, any date, any time period or deadline provided in a Bid Solicitation (including, without limitation, the Bid Solicitation Closing Date), upon written notice to all bidders. 310 Procurement Procedures Page 114 i) Assess and reject a bid on the basis of i. information provided by references; ii. the bidder's past performance on previous contracts; iii. information provided by a bidder pursuant to the City exercising its clarification rights under the Bid Solicitation process; iv. the bidder's experience with performing the type and scope of work specified including the bidder's experience; V. other relevant information that arises during a Bid Solicitation process. j) Waive formalities and accept bids which substantially comply with the requirements of the Bid Solicitation. k) Verify with any bidder or with a third party any information set out in a bid. 1) Disqualify any bidder whose bid contains misrepresentations or any other inaccurate or misleading information. m) Disqualify any bidder who has engaged in conduct prohibited by the Bid Solicitation documents. n) Make changes including substantial changes to the bid documents provided that those changes are issued by way of addenda in the manner set out in the Bid Solicitation documents. o) Select any bidder other than the bidder whose bid reflects the lowest cost to the City. p) Cancel a Bid Solicitation process at any stage. q) Cancel a Bid Solicitation process at any stage and issue a new Bid Solicitation for the same or similar deliverable. r) Accept any bid in whole or in part. s) Accept a bid which contains the following errors: i. error in mathematics — whether this involves the extension of a unit price or an error in addition, the mistake will be corrected and the correct total will be used for evaluation purposes and will be binding on the tenderer; ii. conflict between the written and numerical bid prices. In all cases the total bid price will be corrected to reflect the written bid price, whether lump sum or unit price. And these reserved rights are in addition to any other express rights or any other rights which may be implied in the circumstances and the City shall not be liable for any expenses, costs, losses or any direct or indirect damages incurred or suffered by any 311 Procurement Procedures Page 115 bidder or any third party resulting from the City exercising any of its express or implied rights under a Bid Solicitation. By submitting a bid, the bidder authorizes the collection by the City of the information set out in this section 7.16. 3.14 Limitation of Liability and Waiver In every Bid Solicitation, the City shall draft the documents such that each bidder, by submitting a bid, agrees that: a) Neither the City nor any of its employees, agents, advisers or representatives will be liable, under any circumstances, for any claims arising out of a Bid Solicitation process including but not limited to costs of preparation of the bid, loss of profits, loss of opportunity or any other claim. b) The bidder waives any claim for any compensation of any kind whatsoever including claims for costs of preparation of the bid, loss of profit or loss of opportunity by reason of the City's decision to not accept the bid submitted by the bidder, to award a contract to any other bidder or to cancel the Bid Solicitation process, and the bidder shall be deemed to have agreed to waive such right or claim. 312 P-CE PORT TO COMIAON COUNCIL M &C -2011 - 315 December 2, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Fairville Boulevard Planning Study INTRODUCTION At the November 21, 2011 meeting of Common Council, the City Manager was asked to provide an update with respect to the Fairville Boulevard planning exercise. DISCUSSION City of Saint John Now that the Plan SJ process is winding down, staff have had the opportunity to work on a scoping document for the Fairville Boulevard planning exercise over the past few weeks. The attached Project Scope document outlines how staff propose to develop a "Golden Mile Corridor Plan." The project schedule includes public engagement as well as all of the required technical work and yields a final product for the consideration of Common Council in the summer of 2012. The 2012 operating budget has not yet been approved by Common Council but the resources necessary to undertake this work is included in the budget submission from the Planning and Development Department. 313 M & C — 2011— 315 - 2 - December 2, 2011 RECOMMENDATION: It is recommended that Common Council receive and file this report and direct the City Manager to proceed with the preparation of the "Golden Mile Corridor Plan" in general accordance with the submitted Project Scope document provided that adequate funding is available within the 2012 budget of the Planning and Development Department. Respectfully submitted, f � 1 Ken Forrest, MCIP RPP Commissioner of Planning and Development J. Patrick Woods, C.G.A. City Manager 314 Project Scope: Fairville Boulevard Corridor Study I. Purpose The purpose of the "Golden Mile Corridor Plan" (GMCP) will be to address land use planning issues currently impacting the corridor and capitalize on existing assets and potential investments to improve the viability and attractiveness of Fairville Boulevard for new enterprise and Saint John residents. The input of community residents and business /property owners on Fairville Boulevard, as well as other City Departments will be sought during the preparation of the Plan through a public engagement process and will be analyzed and presented to Common Council. The report submitted to Council will summarise the input from these sources and contain recommendations outlining Planning staff s professional opinion regarding the future design, development and use of Fairville Boulevard to help it succeed as a viable, sustainable, and user - friendly hub of activity for the west side of Saint John and beyond. II. Background: Plan Initiation On August 4, 2009 Common Council received and filed a letter from Councillor McGuire regarding an initiative to build on the recommendations that emerged from the West Side Retail Business Forum hosted by the City of Saint John and Enterprise Saint John. Councillor McGuire advised Council that a meeting had been convened between City staff, Enterprise Saint John and Ward One Councillors to begin a dialogue and generate ideas to turn the recommendations of the Retail Forum into actions for Fairville Boulevard. Further updates were promised as the project continues to develop. Previous commitments such as PlanSJ and other priorities that involved significant time investment for staff have been largely completed, meaning the resources required to undertake the planning study for Fairville Boulevard are now available. III. Proposed Process 1. Information Gathering The Golden Mile Corridor Plan will involve extensive information gathering and analysis from various sources in order to arrive at an optimal plan for enhancing the function, appeal and development opportunities for the Boulevard. The Plan will enable the Boulevard to fully capitalize on planned and future investment happening along the Golden Mile corridor by providing a comprehensive plan for redevelopment that is crafted to ensure that private investment is coupled with public works in a coherent and productive manner. The scope of this work can be divided into four broad categories of analysis: 315 (a) Technical Background Report A technical background report will be developed to analyze the existing Municipal Plan designation, future Plan designation, zoning, transit use and amenities, traffic and pedestrian flows, existing land uses, development trends and aesthetic details of the Boulevard. This analysis will be critical in providing the background information necessary for understanding the current conditions of the boulevard as well as the areas of greatest opportunity for enabling the Boulevard to enhance its performance as a Commercial/Service Corridor. (b) Policy and Best Practice Review The Golden Mile Corridor Plan will be informed by a review of existing best practices from other communities both in the region and across the country. Proven strategies and policies used in other municipalities to successfully redevelop commercial corridors will be reviewed in order to develop appropriate strategies for the Golden Mile. (c) SWOT Analysis A SWOT (strengths, weaknesses, opportunities and threats) analysis will be conducted for the Boulevard to better understand the existing assets and challenges that should be considered when contemplating the redevelopment of the corridor. 2. Public Engagement Public feedback will be a critical component in the development of the Golden Mile Corridor Plan. The public will play a key role in reviewing the Technical Background Report at an open house /workshop, which will be scheduled for early 2012. The goal of the workshop will be to engage the public in a meaningful manner and solicit input for the development of the Golden Mile Corridor Plan that will contribute to the final vision. Information from this session will be reviewed by staff and will help form the policy recommendations for the GMCP. The final recommended policies contained in the staff report will be presented to the public for a final open house session in late spring, 2012. The purpose of this open house session will be to give the public the chance to review the draft plan for the Golden Mile and collect any feedback before the document is finalised. The report will be revised based on the feedback given at this session and finalised for Council's review in early summer, 2012. IV. Financial Implications The Golden Mile Corridor Redevelopment Plan is proposed to be undertaken during 2012, and appropriate funds will need to be allocated to this project through the 2012 Workplan for the Planning and Development Department. Most of the work will be conducted in- house, thus capitalising on existing staff resources and effectively minimising the overall cost of the planning study. However, it is anticipated that at least two public engagement sessions as well as other minor expenses will be needed to fulfill the needs of the project. 316 V. Project Deliverables Fairvilie Boulevard is identified as a "Regional Retail Centre" within the new municipal plan ( "P1anSJ "), and is identified as a location for intensified retail development. Therefore, the project deliverables will inform future capital and service budgets for the City. The scope of the work required for the Golden Mile Corridor Plan will result in clearly defined deliverables that can be targeted for redevelopment in order to realise the stated goals of the Plan. The deliverables will be presented in one document and include the following eight categories: 1. Optimum future land use 2. Future road transportation requirements 3. Pedestrian, cycling, and public transit improvements 4. Linkages to adjacent neighbourhoods 5. Streetscaping Plan 6. Urban Design Guidelines 7. Recommended amendments to the Municipal Plan and Zoning Bylaw 8. Phased implementation plan 317 Appendix A: Outline I. Purpose II. Background: Plan Initiation 111. Process 1. Information Gathering (a) Technical Background Report (b) Policy and Best Practice Review (c) SWOT Analysis 2. Public Engagement IV. Financial Implications V. Project Deliverables VI. Technical Background Report 1. Description of Study Area 2. Land Use Survey (a) Historical Land Use of Boulevard (b) Current Municipal Plan Designation, P1anSJ Vision, and Existing Zoning (c) Actual Land Use (d) Existing Building Stock • Assessed Value and Age • Aesthetic Description (e) Transportation Amenities and Constraints • Pedestrian • Cycling • Vehicular • Transit (f) Surrounding Population • Density • Age 318 • Distance to key destinations (linkages) (g) Existing Urban Design Components • Street furniture • Lights • Landscaping • Signs • Architecture • Parking Areas 3. Policy and Best Practice Review VII. Design Plan VIII. Phased Implementation 319 REPORT TO COMMON COUNCIL November 29, 2011 M &C2011 -311 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Prince William Parking Restriction for Fire Protection ANALYSIS M. The City of Saint John Fire apparatus must be able to park adjacent to the curb on Prince William Street in order to be close enough to the entrance of the new Harbourfront Residences development project and provide adequate fire protection to the building. On- street parking needs to be restricted to permit this curbside access. There is a fire hydrant at this location and the Provincial Motor Vehicle Act prohibits parking within 5 metres of either side of it. However, this 10 metre space is not adequate to fit the length of the largest fire apparatus anticipated to respond to this building. The City's Traffic By -Law must be amended to restrict on- street parking for the required space. "No Parking" signs would be installed if and once Common Council approves three Readings of the amendment. The following Amendments to the Traffic By -Law would restrict this on- street parking: • Add Prince William Street, West Side with limits of 45 metres South of Queen Street to 64 metres South of Queen Street to Schedule B. • Delete Prince William Street, Both Sides, 2 hrs, from Queen Street to St. James Street from Schedule A -l. • Add Prince William Street, East Side, 2 hrs, from Queen Street to St. James Street to Schedule A -1. • Add Prince William Street, West Side, 2 hrs, from Queen Street to 45 metres South of Queen Street to Schedule A -1. • Add Prince William Street, West Side, 2 hrs, from 64 metres South of Queen Street to St. James Street to Schedule A -1. 320 M &C2011 -311 November 29, 2011 Page 2 INPUT FROM OTHERS The Saint John Parking Commission concurs with the required on- street parking restriction. The City Solicitor is providing the translated Amendment in proper form within a separate report. RECOMMENDATION Staff recommends Council approve the above -noted Amendments to the City's Traffic By -Law. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA City Manager 321 City Solicitors Office Bureau de l `avocat municipal The City of Saint John lr, L SAINT JOHN December 1, 2011 Common Council of The City of Saint John Your Worship and Councillors: Re: Amendment to the Traffic By -law Prince William Street — Parking Restriction for Fire Protection In a report dated November 29, 2011 (M &C 2011 — 311), the City Manager recommends that Common Council amend the Traffic By -law to restrict on- street parking adjacent to a fire hydrant located near the Harbourfront Residences development. The concern is that the 5 metres parking restriction on either side of the fire hydrant specified in the Motor Vehicle Act is not sufficient to accommodate the length of the largest fire apparatus anticipated to respond to this location. Pursuant to subsection 113(1) of the Motor Vehicle Act, R.S.N.B. 1973, c. M -17, and amendments thereto, a municipality may make by -laws for regulating the standing and parking of vehicles (see section 113(1)(a)). In the event that Council adopts the City Manager's recommendations, and in an effort to expedite the process, we prepared an amendment to the Traffic By -law which removes the relevant portion on the west side of Prince William Street from "Schedule A -1 — Parking Times 8:00 a.m. to 5:00 p.m." and includes same in "Schedule B — No Parking Anytime ", thereby making it unlawful to park at any given time in a 19 metres stretch adjacent to the fire hydrant on the west side of Prince William Street in front of the Harbourfront Residences. The amendment also allows parking on the east side of Prince William Street between the hours of 8:00 a.m. and 5:00 p.m. P.O. Box 1971 Saint John, NB Canaria E2L 4L1 I www.saintjohn.ca j C.P. 1971 Saint John, N. -B. Canada E2L 4L1 322 Z Common Council December 1, 2010 Should Council adopt the City Manager's recommendations, it would be in order for Council to give first and second reading to the attached amendment. Respectfully Submitted, John Aicitor City S Attachment 323 A LAW TO AMEND A BY -LAW RESPECTING TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN MADE UNDER THE AUTHORITY OF THE MOTOR VEHICLE ACT, 1973, AND AMENDMENTS THERETO ARRETE MODIFIANT L'ARRETE RELATIF A LA CIRCULATION DANS LES RUES DE THE CITY OF SAINT JOHN EDICTS CONFORMEMENT A LA LOI SUR LES VEHICULES A MOTEUR (1973) ET MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lors d'une reunion du conseil municipal, The City of Saint John as follows: The City of Saint John a d6cr&t6 ee qui suit: A By -law of The City of Saint John entitled "A By -law Respecting Traffic On Streets In The City of Saint John Made Under The Authority of The Motor Vehicle Act, 1973, and Amendments Thereto ", enacted on the 19`h day of December, A.D. 2005, is hereby amended as follows: 1 "Schedule A -1 — Parking Times 8:00 a.m. to 5:00 p.m." is amended by deleting the following words under the following headings: Street Side Limits Time Pr. William Both Queen St. to 2 hrs. St. St. James St. 2 "Schedule B — No Parking Anytime" is amended by adding the following words under the following headings: Street Side Limits Pr. William St. West 45 meters South of Queen St. to 64 meters South of Queen St. 3 "Schedule A -1 — Parking Times 8:00 a.m. to 5:00 p.m." is amended by adding the following words under the following headings: Par les presentes, Parretti de The City of Saint John intitul6 << Arret6 relatif a la circulation dans les rues de The City of Saint John edicte conformement a la Loi sur les vehicules a moteur (1973) et modifications aff6rentes », decrete le 19 d6cembre 2005, est modif .6 comme suit: 1 «L' Annexe A -1 — Dur6es de stationnement de 8 h a 17 h >> est modifi6e par la suppression des mots suivants sous les titres suivants : Rues Cote Limites Duree Rue Prince des deux de la rue Queen 2 h William cotes a la rue St. James 2 << L'annexe B interdiction de stationner en tout temps » est modifi6e par I'adjonction des mots suivants sous les titres suivants : Rues Cote Limites Rue Prince Ouest d'un point situ6 a 45 William metres au Sud de la rue Queen a un point situ6 a 64 metres au Sud de la rue Queen 3 << L'annexe A -1 — Dur6es de stationnement de 8 h a 17 h >> est modifi6e par Padjonction des mots suivants sous les titres suivants : Street Side Limits Time Rues Cote Limites Duree Pr. East from 2 hrs. rue Est de la rue 2 h Willia Queen St. Prince Queen a la in St.. to St. Willia rue St. James St. m James 324 Pr. West From 2 hrs. Willia Queen St. M St. to a point located 45 meters South of Queen St. Pr. West From a 2 hrs William point St., located 64 meters South of Queen St. to St. James St. rue Prince Willia m West rue Prince West William de la rue 2 h Queen a un point situd A 45 metres au Sud de la rue Queen D'un point 2 h situd a 64 metres an Sud de la rue Queen a la rue St. James IN WITNESS WHEREOF The City of Saint. John EN POI DE QUOI, The City of Saint John a fait has caused the Corporate Common Seal of the said apposer son sceau municipal sur le present arr&6 City to be affixed to this by -law the day of le 2011, aver les , A.D., 2011 signed by: signatures suivantes : Mayor /maire Common Clerk/greffiere communale First Reading - Premiere lecture - Second Reading - Deuxieme lecture - Third Reading - Troisieme lecture - 325 REPORT TO COMMON COUNCIL M &C2011 -307 November 30, 2011 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council, The City of Saint John SUBJECT: Douglas Avenue — Winter Street Parking Restrictions Exemption BACKGROUND Council endorsed the current Winter Management Plan for Streets and Sidewalks (M & C 2009 -352) on October 26, 2009. At that time, Douglas Avenue was given a one year exception provision so a more detailed analysis of on- street parking needs could be identified. Council endorsed the 2009 -2010 Winter Management Plan Review and Update (M &C 2010 -207) on October 12, 2010. Council approved the exemption, and addition to Schedule R of the Traffic By -law, of a portion of Douglas Avenue from Main Street to Bentley Street. Council endorsed the recommendations outlined in M &C 2011 -08 — Overnight Parking Restriction to not amend the Traffic By -law to exempt Douglas Avenue South of Bentley Street and North of Brunswick Place. Staff were assessing other off - street options in the place of further exemptions. Council rejected a motion on February 14, 2011 to exempt Douglas Avenue, East Side, from Main Street to Bridge Street. ANALYSIS The Winter Management Plan is subject to ongoing review; encouraging ideas and suggestions, and allowing staff to work with citizens to assist in dealing with particular challenges over the winter season. As outlined in M &C 2011 -08 — Overnight Winter Parking Restriction, it was determined there was a requirement along Douglas Avenue, in the vicinity of Brunswick Place, to accommodate tenants needs. The driveways are too short to accommodate tenant parking. SAINT JOHN ... A LIVEABLE WINTER CITY 326 Douglas Avenue — Winter Street Parking Restrictions Exemption November 30, 2011 Report to Common Council, M & C 2011 - 307 Page 2 Owners of land across from and including the Harbourview High School property were contacted to explore the possibility of vehicles parking on these properties. Both property owners replied in November 2011 that this request would not be possible. During discussions with School District 8 personnel, it was discovered that the traffic patterns for Brunswick Place have been changed to reflect bus traffic entering and exiting through a driveway at the other end of the property. This change in policy would effectively eliminate bus traffic along Brunswick Place that would allow for the opportunity to provide on- street parking (approximately 4 to 5 spaces) that would alleviate these concerns. Options were considered. It was determined that overnight parking should be permitted on the south side of Brunswick Place from Douglas Avenue to Dead End (4 -5 on- street spaces). Required Traffic By -Law Amendments are as follows: • Add Brunswick Place from Douglas Avenue to Dead End to Schedule R • Add Brunswick Place from Douglas Avenue to Dead End (North Side) to Schedule B The south side of Brunswick Place provides more on- street spaces. The whole north side contains the school access as well as the sidewalk Council has approved for winter service. � o oCO N 0 4r 0 3 4' Q Prvm, Sunurt� 7rn�e. fir. In general, when more on- street parking is made available through amendments to the Traffic By -law, there is no guarantee that the intended users who truly require this parking space will actually benefit from it. It has been noticed that people that currently have available off - street parking gravitate towards on- street parking for various reasons related to the convenience of not having to clear snow from their driveway or `shuffle' vehicles within their driveway. It is absolutely vital that citizens who have off - street parking available use it. Meeting street plowing SAINT JOHN ... A LIVEABLE WINTER CITY 327 Douglas Avenue — Winter Street Parking Restrictions Exemption November 30, 2011 Report to Common Council, M & C 2011 - 307 Page 3 performance standards on exempted sections of streets also becomes more difficult, expensive or not possible. RECOMMENDATION Staff recommends that Common Council amend the Traffic By -Law and request the City Solicitor place in proper form and translate the following: 1. Add Brunswick Place from Douglas Avenue to Dead End to Schedule R 2. Add Brunswick Place from Douglas Avenue to Dead End (North Side) to Schedule B Respectfully submitted, J.M. Paul Groody, P. Eng. Commissioner, Municipal Operations and Engineering J. Patrick Woods, CGA City Manager SAINT JOHN ... A LIVEABLE WINTER CITY 328 Phe City of Saint John SAINT JOHN November 24, 2011 Common Council of The City of Saint John Your Worship and Councillors: Re: Overnight Winter Parking Restriction Amendment to the Traffic By -law Lancaster and Waring Streets City Solicitors Office Bureau de Pavocat municipal In a report dated November 16, 2011 (M &C 2011 — 289), the City Manager recommends that Common Council amend the Traffic By -law to remove Waring Street from Schedules R (Streets exempted from Overnight Winter Parking Restriction) and H (Alternate Side Parking) because said street is too narrow to permit any on- street parking. The City Manager also recommends to delete Lancaster Street with limits of "Sutton Street to Clarence Street" from Schedules R and H because staff discovered that the proper limits are "Suffolk Street" (as opposed to Sutton Street) to Clarence Street. The above -noted recommendations of the City Manager are in keeping with the Overnight Parking Restriction Policy adopted by Common Council at its meeting on October 26, 2009, This Department prepared amendments to the Traffic By -law in 2009 to give effect to the Overnight Parking Restriction Policy which resulted in prohibiting the parking of vehicles on any street in the City except those listed in Schedule R between the hours of midnight and 7:00 am. Since 2009, and in response to the citizens' input, Council enacted further amendments to the Traffic By -law in order to add to Schedule R. Pursuant to subsection 11 3(l) of the Motor Vehicle Act, R.S.N.B. 1973, C. M -17, and amendments thereto, a municipality may make by -laws for regulating the standing or parking of vehicles (see section 113(1)(a)). In anticipation of Council adopting the City Manager's recommendations, and in order to expedite the process, we prepared an amendment to the Traffic By -Law which will result in removing Waring Street from both 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 329 Common Council November 24, 2010 Schedules R and H, thereby making said street subject to the Overnight Winter Parking Restriction. The amendment will also replace the Lancaster Street limits in Schedules R and H from "Sutton Street to Clarence Street" to "Suffolk Street to Clarence Street ". Should Council adopt the City Manager's recommendations, it would be in order for Council to give first and second reading to the attached amendment. Respectfully Submitted, John L. u t City Solicitor Attachment 330 A LAW TO AMEND A BY -LAW RESPECTING TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN MADE UNDER THE AUTHORITY OF THE MOTOR VEHICLE ACT, 1973, AND AMENDMENTS THERETO ARRETE MODIFLANT L'ARRETE RELATIF A LA CIRCULATION DANS LES RUES DANE THE CITY OF SAINT JOHN EDICTS CONFORMEMENT A LA LOI SUR LES VEHICULES A MOTEUR (1973) ET LES MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lors d'une rdunion du conseil municipal, The City of Saint John as follows: The City of Saint John a decretd cc qui suit: A By -law of The City of Saint John entitled "A By -law Respecting Traffic On Streets In The City of Saint John Made Under The Authority of The Motor Vehicle Act, 1973, and Amendments Thereto ", enacted on the 19th day of December, A.D. 2005, is hereby amended as follows: 1 Schedule R — List of Streets Excluded from Winter On- Street Parking Restriction - is amended by deleting the following words under the following headings: Street Limits Waring Street Entire Lancaster Street Sutton Street to Clarence Street 2 Schedule H — Alternate Side Parking November 15 — April 30 - is amended by deleting the following words under the following headings : Street Limits Par les presentes, 1'arrete de The City of Saint John intituld « Arrete relatif a la circulation dans les rues dans The City of Saint John edict& conformdment a la Loi sur les vehicules a moteur (1973) et les modifications afferentes », decr&6 le 19 decembre 2005, est modifie comme suit : 1 L'Annexe R — Liste des rues exemptes de la restriction de stationnement sur rue pendant Phivers -- est modifiee par la suppression des mots suivants sous les titres suivants : Rues Limites rue Waring en entier rue Lancaster de la rue Sutton a la rue Clarence 2 L'Annexe H — Stationnement unilateral alterne du 15 novembre au 30 avril — est modifiee par la suppression des mots suivants sous les titres suivants: Rues Limites Waring Street Cunard Street to Dead End rue Waring de la raze Cunard au cul de Lancaster Street Sutton Street to Clarence Street 3 Schedule R — List of Streets Excluded from Winter On- Street Parking Restriction - is amended by adding the following words under the following headings: sac rue Lancaster de la rue Sutton a la rue Clarence 3 L'Annexe R — Liste des rues exemptes de la restriction de stationnement sur rue pendant Phivers — est modifiee par Padjonction des mots suivants sous les titres suivants : 331 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. 2411 signed by: EN FOI DE Qi1OI, The City of Saint John a fait apposer son sccau municipal sur le present arretd le 2011, avec les signatures suivantes: Mayor /Maire Common Clerk/greffiere communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 332 The City of Saint John November 30, 2011 Deputy Mayor Stephen Chase and Members of Common Council Deputy Mayor and Councillors: RE: 2010 Annual Report of the City of Saint John Pension Plan INTRODUCTION On behalf of the Board of Trustees of the City of Saint John Pension Plan I am providing the following report on the activities of the Board of Trustees during the 2010 calendar year. The Board of Trustees administers the City's Pension Plan in accordance with the provisions of the City of Saint John Pension Act, the Provincial Pension Benefits Act and the Federal Income Tax Act. To guide the administration of the Pension Plan, the Board of Trustees has adopted the following: "it is the mission of the City of Saint John Pension Fund to provide the defined benefits) on retirement or disability, through prudent investment, cost effective management, clear communications and service to members." The City's Pension Plan is a defined benefit program with employee contributions set at 8.5% of gross earnings. In an effort to assist in funding the Going Concern Unfunded Liability of the Plan the employees have agreed to increase their contribution by an additional 2% for three years or until such time as the Plan's going - concern funding shortfall is eliminated whichever is sooner. In addition at no time during the three year period shall employee contributions be greater than contributions from the Employer. In May of 2010 the employee's contributions returned to 9.0% of gross earnings. The employer contributions to the pension fund are an amount equal to the excess of the total current service cost of the pension plan for the year over the aggregate contributions made by members for that year and such additional amounts as are required to amortize HINT JOHN Kj, �jx 1971 Sdirtt John, NB Camara EA 4Ei wvwv sainijohnxa I C.!? 1971 Saint John, NA. Canada E2L. 41L i -�y 333 2010 Annual Report of the City Saint John Pension Plan Page 2 any unfunded liability in equal annual installments over a period of not more than fifteen years commencing on the later of January 1, 1992 and the date of the actuarial valuation which establishes the unfunded liability. Based on the 2009 Actuarial Valuation as of December 31, 2009 the Going Concern Unfunded Liability of the Pension Plan was $129,206,000 (2006 - $31,014,900). The contributions required to fluid this liability under the Pension Benefits Act for 2010 were $12,271,800 (2009 - $3,379,180). The current service cost for 2010 was 20.60% (2009 — 20.32 %) of payroll. The Pension Benefits Act requires an evaluation to be done on an annual basis when the plan solvency ratio is less than 90 %. The solvency deficiency ratio as of the December 31, 2009 Actuarial Valuation was $201,261,000 (2006 - $106,832,800). Effective August 31, 2007 and according to section 42 of the General Regulation of the Pension Benefits Act, the Plan has been exempted from the solvency deficiency funding requirements. The next formal valuation for the plan is required to be completed as at December 31, 2010. A cops- of the 2010 Audited Financial Statements is attached with this report. The net assets of the Plan at December 31, 2010 were $372,228,065 (2009 - $332,653,005). These funds are invested by the Board in accordance with an established investment policy and in consultation with the Board's investment consultant API Asset Management Inc. In 2010 the net assets of the Plan increased by $39,575,060 (2009 - $50,178,634). The rate of return earned by the plan in 2010 was 12.4% (2009 - 20.9 %). While this was certainly positive for the Plan, the economic climate continues to very unsettled. It can be anticipated that consistent returns for the Plan will only be achieved when global economic stability returns. As of the writing of this report the investment climate continues to be volatile. In terms of the 2010 audited financial statements an extrapolation of the 2009 actuarial valuation was completed by the actuary- based on the assumptions in effect at the time the valuation was completed. The extrapolation was updated for changes in the plan in the current year related to increases in the liability based on additional service earned by the employees along with investment earnings and payments to pensioners. The result of the extrapolation is an estimated going - concern unfunded liability of as at December 31, 2010 $110,089,935 (2009 - $121,035,995). It is important to note that these are extrapolations only and the actual results of the actuarial valuation may vary based on changes in the assumptions used to complete the valuation. INVESTMENT POLICY The Funds assets are managed by eight investment managers with an asset mix of 25% Canadian Fixed Income and short- term/cash, 30% Canadian Equities, 5% US Equities, 5% International Equities, and 35% in Alternative Investments. 334 2010 Annual Report of the City Saint John Pension Plan Page 3 The Board constantly reviews and, when appropriate, updates its Investment Policy to ensure that the long -term funding needs of the plan can be achieved. As has been the case over the last few Sears' one area of continued attention of the Board is the increasing popularity of alternate investments that offer more stable returns. The desirability of these types of investments is that they have the potential to offer reasonable investment returns that are not normally affected by the ups and downs in the equity or other investment markets. This approach has the potential to add to the diversity of the Fund's Investments thereby reducing the volatility of the returns. INVESTMENT MANAGER PERFORMANCE As previously stated in this report the plan experienced a 12.4% return on its investments which exceeds the long -term targeted return of CPI plus 3.85% and is higher than our actuarial funding assumption of 6.5% (the actuarial funding assumption for the 2009 actuarial valuation was 6.75 %). The Pension Plan's assets are managed by nine professional investment firms as follows: Fixed Income — Addenda Capital Real Estate - Standard Life - Canadian Equity — Kingwest and Company Canadian Equity - Letko Brosseau & Associates US Equity — Steinberg Asset Management - EAFE Equity — Philadelphia Investments Hedge Funds - Performance Market Hedge Fund Private Equity - Clairvest Equity Partners IV Limited Partnership - Private Debt - Wellington Financial Fund III Limited Partnership The Board of Trustees meets with each of the Investment Managers twice a year to review their performance and discuss emerging trends in the investment markets. The Board also retains API Asset Performance Inc. to provide an analysis of our manager's performance in comparison with other managers with similar holdings. ACTIVE AND RETIRED PARTICIPANTS The number of active participants in the Plan was 878 (2009 - 882) while the number of retired participants stands at 812 (2009 - 796). The impact of the high percentage of pensioners in relation to active members is reflected in the current fund balances as detailed in the Pension Fund's Annual Financial Statements. In 2010 the total contributions into the Plan from employees were $5,809,391 (2009 - $6,242,565) and 335 2010 Annual Report of the City Saint John Pension Plan Page 4 from the employer $19,140,782 (2009 - $9,655,488). Total pensions paid in the year were $21,759,119 (2009 - $20,144,606). BOARD OF TRUSTEES The members of the Board of Trustees as at December 31, 2010 were as follows: Trustee Appointing Body Councillor Bruce Court Common Council Michael Meahan Outside Workers — CUPE Local 18 Kevin Fudge Management/non-union staff Bill Buckley Inside Workers — CUPE Local 486 Frederick Slipp Firefighters — IAFF Local 771 Andrew Belyea Saint John Police Association J. Claude Mackinnon Saint John Retired Members Association Mayor Ivan Court (Chair) Ex-officio, Mayor Elizabeth Gormley (Secretary) Ex- officio, Common Clerk Gregory J. Yeomans (Treasurer) Ex- officio, Commissioner of Finance J. Patrick Woods Ex- officio, City Manager Respectfully submitted, 6d Mayor Ivan Court Chair Board of Trustees City of Saint John Pension Plan 336 Financial Statements The City of Saint John — Pension Plan December 31, 2010 IIIIIIII I Illllp „,. ?I ERN5T4 & Y011iVC, Quality In EveryiWg We Do CONTENTS Independent Auditors' Report Statement of Net Assets Available for Benefits Pale 1 -2 Statement of Changes in Net Assets Available for Benefits 4 Notes to Financial Statements Schedule of Administrative Expenses 5 -12 13 JERlOJT & + bu Y1J k nonber HM of Emst & Yaunq GhbW UMted 338 INDEPENDENT AUDITORS' REPORT To the Board of Trustees of The City of Saint John — Pension Plan We have audited the accompanying of net assets available for benefits of The City of Saint John — Pension Plan [the 'Plan'] as at December 31, 2010 and the statement of changes in net assets available for benefits for the year then ended, and a summary of significant accounting policies and other explanatory information. Management's responsibility for the financial statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with Canadian generally accepted accounting principles, and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. Auditors' responsibility Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the. financial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditors consider internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness of - accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. RNJi & foVNc AmemberOrmMQnrtr:*wVGn . alL -"Ud 339 -2- We believe that the audit evidence we have obtained in our audit is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, the financial statements present fairly, in all material respects, the financial position of the Plan as at December 31, 2010 and the changes in its net assets available for benefits for the year then ended in accordance with Canadian generally accepted accounting principles. 'V ozv�c. Saint John, Canada, 7- May 26, 2011. Chartered Accountants WERNS i & YlJUN4f 4 memberflrm of Ernst & vhusq GWbW Umited 340 The City of Saint John — Pension Plan STATEMENT OF NET ASSETS AVAILABLE FOR BENEFITS As at December 31 Cash and short term notes Due from the City of Saint John Funding due from the City of Saint John Special Funding due from the City of Saint John Accrued interest and dividends 2010 2009 3,900,023 8,215,410 115,087 58,817 870,150 726,683 8,701,402 762,851 815,419 Investments, at market Bonds and Fixed Income Pooled Funds; 68,834,003 66,998,290 (Cost 2010 - $65,330,952; 2009 - $65,985,098) Stocks and Equity Pooled Funds; 252,148,166 221,757,182 (Cost 2010 — $223,987,189; 2009 - $221,459,831) Real Estate Funds 36,896,383 34,081,204 (Cost 2010 — $32,002,568; 2009 - $32;283,530) Net assets available for benefits 372,228,065 332,653,005 ,See accompanying notes On behalf of the Trustees: Trustee 91 AN ER _ST& YOUNG AmemherHrmotErnst &YOUn4GlahalLrjitea 341 The City of Saint John -- Pension Plan STATEMENT OF CHANGES IN NET ASSETS AVAILABLE FOR BENEFITS Year ended December 31 See accompanying notes ,s°I ER sT& R bu 1fG - -• • - 4MM"rOffnOf Bt* &Yw"Gftallimited 342 2010 2009 Increase in assets Contributions The City of Saint John 19,140,782 9,655,488 Employees 5,809,391 6,242,565 24,950,173 15,898,053 Investment income Interest 2,826,802 3,174,565 Dividends 5,303,877 4,857,459 8,130,679 8,032,024 Unrealized gain in market value of investments 26,215,406 45,862,340 Realized gain (loss) in market value of investments Hedging gain realized 4,830,039 567,849 (4,685,080) 8,513,532 Hedging gain unrealized 84,383 73,232 Current period change in market values of investments 31,697,677 49,764,024 64,778,529 73,694,101 Decrease in assets Pensions paid 21,759,119 20,144,606 Contributions and interest refunded to participants 369,670 485,367 Administrative expenses (schedule) 3,074,680 2,885,494 25,203,469 23,515,467 Net increase in net assets available for benefits 39,575,060 50,178,634 Net assets available for benefits, beginning of year 332,653,005 282,474,371 Net assets available for benefits end of year 372,228,065 332,653,005 See accompanying notes ,s°I ER sT& R bu 1fG - -• • - 4MM"rOffnOf Bt* &Yw"Gftallimited 342 The City of Saint John — Pension Plan NOTES TO FINANCIAL STATEMENTS As at December 31, 2010 1. PLAN SUMMARY The City of Saint John — Pension Plan [the "Plan "] is the accumulation of Plan assets used to fund pensions under the revised City of Saint John Pension Act [the "Act"] as enacted on May 12, 1994, as amended to June 1% 2008. The Act is administered by a Board of Trustees representing Common Council of the City of Saint John ( "the City', management, unionized employees, non - unionized employees and retired employees. The Plan is also subject to the provisions of the New Brunswick Pension Benefits Act which became effective January I, 1992. The assets of the Plan are held by RBC Dexia Investor Services which acts as custodian of the Plan. The assets of the Plan are managed by nine different investment managers who have discretionary investment authority within the investment mandates given to them by the Board of Trustees. The performance of the Plan relative to others is measured on a regular basis by API Asset Performance Inc. Significant features of the Plan are as follows: The Plan provides for pensions on the defined benefit basis at the rate of 2% per year of service times the average of the three consecutive years of service having the highest salary. The Plan also provides for disability allowances and survivor benefits. The Plan provides indexing at the rate of 1% per year on the basis of service between January 1, 1975 and December 31, 1992 and at the rate of 2% after January 1, 1993. The Plan is funded by eligible employees contributing 50% of the current service cost to the plan to a maximum of 9% of aggregate salaries and the employer contributing the balance of the current service cost. Based on the 2009 actuarial valuation, the current service cost of the Plan was 20.6% of payroll. At no time can the overall employer contribution rate be Iess than 7.5% of aggregate salaries. The employer is obligated to make additional contributions, if necessary, to adequately amortize any unfunded liability or solvency deficiency. In 2010, required employer contributions to amortize the unfunded liability were $12,271,800. • Contributions become vested after two years. 343 The City of Saint John — Pension Plan NOTES TO FINANCIAL STATEMENTS As at December 31, 2010 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Basis of presentation These financial statements are prepared on the going concern basis and present the aggregate financial position of the Plan as a separate financial reporting entity independent of the sponsor and plan members. They are prepared to assist in reviewing the activities of the Plan for the fiscal period but they do not portray the funding requirements of the Plan or the benefit security of individual plan members. Basis of valuation of investment assets Investments are stated at market value which approximates fair value, using published market valuations, where applicable, or market - related determinations. Pooled fund and earnings Certain of the Plan's investments are held via units of pooled funds. Income earned on these funds is retained within the fund and reflected as part of the current period change in market values of investments. Market value approximates fair value. Foreign currency translation Investments denominated in United States [ "US "] dollars are translated at the year -end rate of exchange. Foreign exchange gains and losses are included as a component of the current period change in market value of investments. Hedging The Plan utilizes currency hedges to offset market fluctuations in its investments denominated in US Dollars. At year end, the hedges are fair valued and recorded in an increase or decrease in the change in the value of market value of investments. Cash and short -term notes Cash and short -term notes are net of accounts payable and accounts receivable. 6 WERNS & Y'UNG Amen ftr Jiro olET"A& young Global Uaftd 344 The City of Saint John — Pension Plan NOTES TO FINANCIAL STATEMENTS As at December 31, 2010 3. ACTUARIAL VALUATION (a) The 2009 actuarial valuation indicated the present value of accumulated plan benefits was $461,859,000 and the market value of net assets available to provide benefits was $332,653,000 with an estimated unfunded liability of $129,206,000 on a going concern basis. As of December 31, 2009 the liabilities on a solvency basis were $201,261,000 greater than the solvency assets. The significant actuarial assumptions adopted for purposes of the going - concern funding valuation in the 2009 report were as follows: • Retirement will occur at the earlier of age 65 or attainment of combined age and service of 88 years. Valuation assets were taken as the market value of assets. • The following are the assumed rates used in the valuation: Investment earnings rate 6.50% per annum after investment fees Inflation rate 2.50% per annum Real rate of return 3.90% per annum for 10 years & 5.4% thereafter Salary increases 3.00% per annum The projected unit credit actuarial cost method was used for purposes of the going - concern funding valuation. The benefit at retirement is projected for each member based on the assumed increases in earnings. Equal units of this projected benefit are assumed to accrue in each year of service. The present value of the portion of the projected benefit deemed to be accrued for service to the valuation date is calculated for each member based on the assumptions outlined above. The total accrued liability is the aggregate of the accrued liabilities determined for each individual member. The total accrued liability is then compared with the assets as at the valuation date to determine the surplus or unfunded liability at that date, 7 `• Ri Y.7L QG.L L.001f t rgember frns of Cam& Young goal LkAtvt 345 The City of Saint John — Pension Plan NOTES TO FINANCIAL STATEMENTS As at December 31, 2010 3. ACTUARIAL VALUATION (continued) Similarly, the present value of the portion of the projected benefit deemed to accrue in respect of the years of service following the valuation date is determined for each individual member. The total normal actuarial cost is equal to the sum of the individual normal actuarial costs so calculated for each member. The residual normal actuarial cost is the excess of the total normal actuarial cost over the member's required contributions. (b) AON Hewitt conducted an extrapolation of the Plan as of December 31, 2010. The extrapolation indicated an estimated present value of accumulated plan benefits of $482,318,000 compared to market value of net assets of $372,228,065 available to provide benefits, creating an estimated unfunded actuarial liability of $110,089,935. The cumulative changes in the present value of benefits, on a going concern basis during 2010 were as follows: Actuarial present value of benefits at December 31, 2009 461,859,000 Estimated value of benefits accrued in 2010 12,868,000 Pensions paid and lump -sum refunds and transfers in 2010 (22,129,000) Net interest accrual 29,720,000 Estimated actuarial present value of benefits at December 31, 2010 482,318,000 Market value of assets at December 31, 2010 372,228,065 Estimated unfunded actuarial liability at December 31, 2010 $110,089,935 (c) During 2010, the City of Saint John paid the Plan $3,723,252, which represented special contributions toward the unfunded liability (2009 - $2,721,547). Since the required contributions related to the unfunded liability for 2010 were $12,271,800, the City owes the Plan an amount of $8,701,402, which consists of deficit contributions and interest owing on the contributions not made to the Plan in accordance with the New Brunswick Pension Benefits Act and its Regulations. The City of Saint John is required to make special going concern payments until 2024. (d) On December 21, 2007, the Regulations to the New Brunswick Pension Benefit Act were modified with the intention of requiring pension plans with a solvency ratio below 90% to file actuarial valuations annually (from the current triennial requirement). The 2010 actuarial valuation is in the process of being prepared. ERNsT "YouNG A member ifrmeFrnA &Ymrg W jig LUhibed 346 The City of Saint John — Pension Plan .NOTES TO FINANCIAL STATEMENTS As at December 31, 2010 4. SOLVENCY FUNDING EXEMPTION The New Brunswick Pension Benefits Act requires that a solvency deficiency be funded over a period of five years unless an exemption from making solvency special payments is granted by the Superintendent of Pensions. In 2007, this exemption from making solvency special payments to the Plan was sought and received. 5. FINANCIAL INSTRUMENTS The Plan's financial instruments consist of cash and short -term notes, accounts receivable, temporary and long -term investments, accounts payable and amounts due from related parties. All items except investments are recorded at cost which, due to their nature and short-term maturities approximate fair value. The Plan is subject to financial risks as a result of its investment activities. These risks include market risk, credit risk and liquidity risk. The Plan manages these financial risks in accordance with the New Brunswick Pension Benefits Act, applicable regulations, and the Plan's investment policies and procedures. The investments of the Plan are managed utilizing a balanced approach, where the Plan invests in bonds, stocks, pooled funds and real estate funds. Market Risk Market risk is the risk that the fair value or future cash flows of an investment will fluctuate because of changes in market process. In accordance with the Plan's policies, the Plan manages market risk by investing in diversified investments and utilizing fund performance managers. Market risk is comprised of the following; (a) Foreign currency risk Foreign currency risk arises from investments that are denominated in foreign currencies. Fluctuations in the relative value of foreign currencies against the Canadian dollar can result in a positive or negative effect on the fair value of investments. As at December 31, 2010, the Plan has equity investments denominated in foreign currencies through investments of pooled funds and direct equities. A E ST&YidVNG AM0MWrfPMQFM%*&%UM00W1LWiWd 347 The City of Saint John — Pension Plan NOTES TO FINANCIAL STATEMENTS As at December 31, 2010 5. FINANCIAL INSTRUMENTS (continued) The plan utilizes currency hedges to minimize this risk to an approved percentage of these investments. The Plan's underlying currency exposures in Canadian dollars consist of the following: Impact of 1% absolute change in foreign exchange Fair value rates on net assets Foreign equities and pooled funds 74,462,161 744,622 Approximately 21% of the Plan's investment funds are invested in foreign securities. (b) Interest rate risk Interest rate risk refers to the effect on the fair value or future cash flows of an investment due to fluctuations in interest rates. The Plan's interest rate exposure arises from its investment in bonds and in fixed income pooled funds, where those funds have underlying investments in fixed income securities which are all denominated in Canadian dollars. The following table demonstrates the sensitivity of the plan's bonds and fixed income pooled funds to possible change in bond yields. The impact was determined using the average rate expected on instruments that are exposed to interest rate risk. The duration measures the sensitivity of the price of financial instruments for every I% change in interest rates. Impact of 1% absolute change in bond yields Fair value on net assets Bonds and fixed pool 68,834,003 688,340 10 Zr _ ERNST& IO'U YG AwwwrlkmaEastaYpw womumid - I • The City of Saint John — Pension Plan NOTES TO FINANCIAL STATEMENTS As at December 31, 2010 5. FINANCIAL INSTRUMENTS (continued) (c) Price Risk Price risk is the risk that the fair value of an investment will fluctuate because of changes in market prices (other than those arising from foreign currency or interest rate risk), whether those changes are caused by factors specific to the individual investment or factors affecting all securities traded in the market. This applies to all of the plan's investments. The following table demonstrates the sensitivity of the Plan's net assets to a 1% absolute change in the fair value of the Fund's investments which are exposed.to price risk: absolute Impact of 1% change in fair value Fair value on net assets S $ Total investments, at market 357,878,552 3,578,786 (d) Credit risk Credit risk on financial instruments is the risk of financial loss occurring as a result of default or insolvency of counterparty on its obligations to the Plan. The Plan's exposure to credit risk is limited to its investments in bonds and fixed income pooled funds where those funds have underlying investments in debt securities. Approximately 19% of the Plan's investment funds are invested in debt securities. (e) Liquidity risk Liquidity risk is the risk of being unable to settle or meet commitments as they come due, These commitments include payment of the Plan's pension obligations. Liquidity risk is managed by ensuring the Plan invests in high quality investments which can be easily disposed of in an active market. I I :`F ER VJ[ & YOUNG amemh'erlrmof Ems[ &mur, ;GWWumkec 349 The City of Saint John — Pension Plan NOTES TO FINANCIAL STATEMENTS As at December 31, 2010 6. COMPARATIVE FIGURES The comparative figures for 2009 haN a been reclassified from statements previously presented to conform to the presentation adopted in the 2010 financial statements. 7. CONTINGENCIES In accordance with the Excise Tax Act, the Plan is defined as a selected listed financial institution (SFLI). As such, the Plan is subject -to special attribution rules that require it to account for Harmonized Sales Tax (HST) in each participating province in which it has beneficiaries. The plan will also be required to register for GST/HST and to file an annual SFLI return in 2010. Management believes it is likely that the Plan will have an HST liability associated with administrative expenses that were either not assessed full HST or were imported from outside Canada for previous years. An estimate accrual for the period 2007 -2009 has been set up in the Financial Statements for 2010 and will be adjusted once confirmation is received. There is a potential that an amount for sales tax previous to 2007 might also be assessed. 12 99 ERNST Bit YOUNG A member arrA of past a Yaum wo-al tinted 350 The City of Saint John — Pension Plan SCHEDULE OF ADMINISTRATIVE EXPENSES Year ended December 31 13 R" S & YOU - "` A. mamher Ikm & Emat a Yang GbbW Ur tad 351 2010 2009 $ S Investment management fees 1,569,192 1,353,392 Administration fees paid to the City of Saint John 143,601 163,367 Performance measurement services 94,527 93,185 Custodian fees 130,041 116,250 Conference and seminar expenses 52,380 30,478 Actuarial and consulting services 263,464 269,574 Legal fees 308,582 782,653 Audit fees 15,525 18,040 Consultants' fees 8,475 24,323 Miscellaneous 15,512 16,826 Insurance 25,400 17,406 Harmonized Sales Tax Accrual 2007 -2009 447,981 3,074,680 2,885,494 13 R" S & YOU - "` A. mamher Ikm & Emat a Yang GbbW Ur tad 351 m� C: a z z December I, 2011 0 Mayor and Councilors City of Saint John PO Box 1971 Z Saint John NB, E21, 4LI ¢ Your Worship and Council: cm On Behalf of the Board of Directors of liptown Saint John Inc. please find enclosed a copy our 2012 budget that has been updated based on a revision made G- to the Business Itnprovement Area total levy We have adjusted our committee a budgets accordingly. The proposed levy remains 16 cents per $I00.00 of assessment on non - residential property within the Business Improvement Area. Sincely eter makos General Manager 0 �t- C 0 C td N i 506.63,.°.1797 352 353 2012 USJI PROPOSED Budget REVENUE BIA Levy $ 389,316.16 Employment Grants $ 3,500.00 Bad Debts Recovered $ 2,000.00 Capital Account Interest for Waterfront Develop ment $ 15,000.00 Events 1 1 $ 6,000.00 Co- operative Marketing Campaigns $ 27,000.00 Miscellaneous Revenue TOTAL REVENUE -- - -- $ 2,000.00_ $ 444,816.16 EXPENDITURES Urban Design & Development $ 28,900.00 Waterfront Development $ 15,000.00 Marketing $ 70,000.00 Environment $ 13,000.00 Events $ 26,000.00 Communications $ 14,500.00 Annual MeetinQ and Awards $ 12,500.00 Operations I $ 264,044.37 Non - Recoverable $ 871.79 TOTAL EXPENDITURES $ 444,816.16 353 Mary Kirkland Debbie Ferrar (W) 652 -3524 (C) 651 -5435 His Worship Mayor Ivan Court Members of Common Council Your Worship and Members of Council, We are requesting to make a presentation to Common Council regarding the recent cuts to funding the Saint John Transit Commission. We would like to discuss how these cuts will affect Transit Drivers, Communities, Passenger, and Local Businesses. Please let us explain! First and for most: Drivers who either lose their jobs or cut on their hours of work will financially be strapped. Next the Commuters: How is it expected that these commuters get too work on time. With the extreme cuts to services this will be very much a challenge. As these commuters must be on time at their employment? As a great number of commuters start very early in the mornings and there will not be enough services to get them to their place of employment on time. This will certainly affect their positions and work performance. As the employer how long will they accept the lateness and how it will affect their business? Next Appointments (ex): Doctors, Hospital, (early morning blood work) Next every day commuters: Unfortunately (low income families, elderly, students, and people who have no other form of transportation) 354 Next Businesses: With the lack of transportation, businesses will certainly feel the affect as will the City of Saint John. The economy will certainly drop, because the people will not be able to get to and from stores, malls, (ect.). this is very alarming. A petition was started which was given to the Common Clerk also we have this with us tonight. The amount of signatures identifies the public outcry. All of these signatures are from the commuters that actually travel on Saint John Transit. Myself and Debbie traveled these buses and collected these signatures, which took many hours of our time, we did this very willingly as this once again is a great concern for the future of our service. We received a lot of feedback with the concerns of the commuters. Saint John Transit is a Public Service and should be operating as such. Saint John does not have any other form of Public Transportation. We are here tonight to ask your Worship and Council to rethink about any cuts and please leave the service the way it is operating right now until at least Christmas and the winter is over. Your Worship and Council could possibly find some other areas to find financial cutbacks. Thanking your Worship and Council for giving us your time to let us make this presentation. Sincerely, Mary Kirkland 25 years a veteran of Saint John Transit Debbie Ferrar 14 years a veteran Saint John Transit 355 Date: November 25, 2011 To: Mayor and Council Cc: SJ Transit Commission From: Mary Ellen Carpenter Re: Transit cuts - A West Side Perspective Your Worship & Council, SJ Transit proposes to butcher & mulch the WS transit service they massacred two years ago. It is understandable that sedentary bureaucrats tethered to a computer, drawing lines on a map in an eco- friendly office, have no concept of the realities of transit use. THEY don't use the bus nor are they cognizant of topographical pedestrian challenges. The ONLY time Sj is flat, is on a map. The 2009 massacre of WS transit, detailed in the WS Transit & Pedestrian Safety Reports, is highlighted by the loss of LW transit to the only pedestrian access across the river at Reversing Falls and the discontinuation of the over 200 year old tradition of providing all day, uptown transit service to the residents of LW. It is now faster to walk anywhere on the WS than it is to take a bus. The proposed butchery & mulching of LW and Harbour Bridge routes will double the time to & from the Lancaster Mall for LW. The morning /afternoon Harbour Bridge service will be expanded to all day but will take twice as long to get there or back. Lancaster Mall connections to Main St W will decrease from every 1/2 hour to every hour. Route will no longer service Beaconsfield Middle School, Martello Tower, Seafarers' Mission or the Carleton Community Centre that houses the WS Food Bank and the Health & Wellness Centre. The wisdom of using Champlain St as a two way transit route that will average four busses an Dour is highly questionable to say the least. This narrow, lowest plowing priority street, permits on- street overnight parking and is not capable of accommodating two -way traffic. A delivery of any kind (oil, parcel, furniture etc.) will render the street impassable with no viable detour that does not involve some of THE steepest hills on the WS The Milford /Churchill Heights service remains inadequate. The Fundy Heights bus still won't go to Fundy Heights nor will the Lorneville bus go to Lornevilie. More money will not solve the problem of inefficient, inconvenient, convoluted transit routes. Common sense will. The attached WS route maps /schedules best utilize the three busses S1 Transit plans to dedicate to WS core transit routes in December. All passengers would have one bus service to Main St W, Meditrust, Sobey's, Lancaster Mall and across the river. 356 As to the impact study requested by Council, I have no confidence that the concerns of the high priority, inner city neighbourhood of LW will be competently addressed by Vibrant Communities. Their last presence on the WS was hosting an invite only strategy session for SJ's five poorest neighbourhoods at the Carleton Community Centre last spring. They failed to invite ANYONE from the WS to round out the few hundred paid bureaucrats and handful of select volunteers. No one who attended used public transit. I am currently compiling a WS Parks, Recreation and Tourism Report for West Saint John Business Association that will include a comprehensive evaluation of the proposed catastrophic transit changes on our less fortunate neighbours. I will ensure you receive a copy. Amalgamating SJ transit with the Parking Commission is a blatant conflict of interest. People who have vehicles to park DO NOT use the bus. This was made glaringly obvious when SJ Transit generously provided a free, all day, up town shuttle bus to lessen the inconvenience suffered by motorists wishing to park uptown; no one used it. To quote Frank McCarey at the Plan SJ seminar at Harbour View High "All transit users are pedestrians." Designing safe, convenient, cost efficient public transit requires a common sense pedestrian perspective that is sorely lacking in our municipal bureaucracy. I formally request permission to speak at Council on Dec 5, 2011 Thank you J { 'Y��;�,, Mary Ellen Carpenter 389 Duke St W Saint John NB E2 M 1V4 357 % Z � U k � 2 m % �% MJ � u \ m V 2 358 � � O � 0 � § � ai § U O g I © / 4 ' a 4-j a L- (v o $ § 3 k q g � % § / @ J E E = o k § / _ n q ■ a E o u C CL 4- k o E 0 o V R - { f q d f 0 _ 4 0 � | Ln 'E c � \ K & f u § % k E / ƒ E / c § E U o Ln m C / q n CL Ln c § ® 3 $ § « L 0 w a QI D a c D 359 L C W D _V 2 V) Ja0 f0 slfp-4 6UrsaaAa8 �y L O � CD f� M a CD i U u C m m Z kn O 1- E � p U M L x C � 0 o N D � -00 V �_ L La A' a E- `n O L D = a O L o d a3 o En ,� c .5 ,�- 4n v� o a L _ a CY }, L cu V) o _ o ul c Im V 359 April 12, 2011 West Side Pedestrian Safety Report Compiled by: Mary Ellen Carpenter, West Side Transportation Consultant Email: safe playso(EDro4ers.com Commissioned by: Saint John West Business Association Faxed to: City of Saint John City Manager Fax 658 -2802 Pat Woods Pedestrian & Traffic Safety Fax 658 -2825 Tim O'Reilly Transit Commission Fax 658 -4704 Frank McCary Leisure Services Fax 658 -2902 Bernie Morrison Tourism Fax 632 -6118 Ross Jefferson Planning Development Fax 658 -2837 Ken Forrest City Solicitor Fax 649 -7939 John Nugent SJ Police Traffic Unit Fax 658 -2839 Sgt. J.J. LaFrance Lancaster Mall Fax 635 -5828 Patty Teed District 8 School Board Fax 658 -5399 John Peters Vibrant Communities Fax 634 -1308 Wendy MacDermott Copies to: West Side Health & Wellness Centre West Side Pact WSJBA Karl Killen MLA Saint John Harbour Dorothy Shepard MLA Saint John Lancaster Mayor & Council Media Safe pedestrian access on the West Side is non existent. We comprise 30% of the City's population yet it is not safe to walk or use public transit for access to ANY service, essential or otherwise. This report will focus on the most dangerous West Side locations prohibiting safe pedestrian access - Simm's Corner from Douglas Ave to Harding St, Transit Island @ Lancaster Mall, St Pat's Elementary school, corner of Duke St & Lancaster Ave & the Carleton Community Centre. Please note that all transit users are pedestrians. Simm's Corner from Douglas Ave to Harding St Reversing Falls Bridge is the ONLY pedestrian link to the West Side. The existing pedestrian crossing under the bridge offers a spectacular view of the Vortex but has a narrow crumbling concrete walkway with a dirt path on a steep hill to connect to Douglas Ave. Structural upgrade designs should give priority to an unobstructed view of this one -of -a -kind phenomenon. Not a safe pedestrian crossing. No wheelchair access. Sidewalk on south side of bridge terminates at the tourist bureau. A transit stop is located across the parking lot entrance on a grassy hill with more than a 30 degree slope. No signed pedestrian crossing to the corresponding transit stop across street. Not a safe pedestrian crossing. No wheelchair access. Sidewalk from Irving Rd to Simm's Corner is narrow. Pedestrian corridor width is further restricted from Simm's Rd to the bus shelter by a guard rail atop a precipitous drop. Not a safe pedestrian corridor. Unsafe wheelchair access. Despite a signed pedestrian crossing between bus shelters at Simm's Corner, this intersection 360 remains one of the most dangerous in the City. Main St W accommodates over 40,000 vehicles daily so it is reasonable to assume a higher number for Simm's Corner. Not a safe pedestrian crossing. Unsafe wheelchair access. The signed pedestrian crossing from the bus shelter on Main St W. to Tim Horton's is even more dangerous. Inadequate visibility for pedestrians and westbound drivers Not a safe pedestrian crossing. Unsafe wheelchair access. No signed pedestrian crossing @ Harding St, the primary truck route /vehicle access to Rte 1 provincial interchange, Lancaster Mall and our commercial district on Fairville Blvd. Not a safe pedestrian crossing. Unsafe wheelchair access. There is NO safe pedestrian access into and out of the West Side. There is NO safe pedestrian access to the high density residential neighbourhoods of Carleton Heights and Lower West. There is NO safe pedestrian corridor from Lancaster Ave to Main St W. Any substantive pedestrian safety upgrades at Simm's Corner will naturally be tabled until a major roadway redesign proposal has been approved. Pedestrian safety has not been adequately addressed in any of the 4 proposals I have reviewed thus far. Recommendation - A safe pedestrian corridor in and out of the West Side could be established using public transit to provide access from the Tourist Bureau to the rest of the West Side, not just to the Lancaster Mall. An immediate, no cost pedestrian safety improvement would be to move the Falls transit stop, currently on the steep grassy hill, to the front of the Tourist Bureau. Transit Island @ Lancaster Mall The West Side no longer has an all day bus route connecting to Uptown. Unless you live at the Lancaster Mall or you are going there, it is a minimum of two busses to go anywhere. All transit users are forced to disembark @ the Lancaster Mall transit island. Transfers are only valid at this location. No wheelchair access. A transit shelter (not enclosed — roof only) reduces the width of the pedestrian corridor on either side of the shelter posts to 26" & 29" respectively with the curb being 6" higher than the roadway. The narrow transit island cannot safely accommodate more than 20 able bodied users. This poses an extreme safety hazard that increases exponentially during peak transit periods in the morning and afternoon when it is not unusual to have 20 busses arriving and departing in less than half an hour or busses waiting in the fire lane fronting the Mall because of no room at the island. it is next to impossible to determine which bus is arriving when inside the transit lounge. This problem is compounded by Mall management refusing to post transit schedules in the lounge area. During peak periods, the only reliable way to determine which bus is coming, is to wait on the overcrowded transit island Accidents are happening. It is time to take remedial action before someone is seriously injured or killed. There is no room for any public transit growth on the West Side. It is currently far too dangerous for the existing users. There is NO safe public transit on the West Side as long as all transit users are forced to disembark @ the Lancaster Mall Transit Island where there is No Wheelchair Access. Other deficiencies of West Side Transit are documented in my May 18, 2010 West Side Transit Report 361 Recommendation - Replacement of the figure 8 route of the Lower West bus with a time - saving circuitous route and the creation of transfer points at Simm's Corner and Harding St. to reduce the congestion at the transit island while providing safe pedestrian access through Simm's Corner and cost virtually nothing to implement. An improved Lower West Route would run circuitously from Tim's Lower West -- Harding St via Simm's Corner — Lancaster Mall — Seawood Sch — ** Maritime Opportunity Centre - Seawood Sch ** - Fundy Heights to Cushing St— Lower West to Tim's. All current Lower West transit stops would continue to be serviced. * *peak periods only ** Transit users NOT going to the Lancaster Mall could make connections at Simm's Corner & Harding St., thereby reducing overcrowding at transit Island while dramatically improving the safety and convenience of users. 5t Pat's Elementary school This mandatory pedestrian nightmare for the young children of Carleton Heights & Lower West, borders three truck routes Duffern Row to City Line to St John St to Market PI Duffern Row to City Line to Bayshore chemical transfer station Lancaster St to Digby Ferry Currently, there are two -way stops at Duffern Row /City Line & Lancaster /St John Sts. Duffern Row has the throughway to St John St @ Lancaster St whereupon Ferry traffic and a little used residential side street are not required to stop. The most dangerous factor in this scenario is the non symmetrical intersection at Duffern Row/City Line /St John St. Duffern Row ends at City Line. Were it to continue, you would find yourself in the middle of the school playground. Non -stop through traffic is required to take about a 45 degree jog right from Duffern to reach St John St. What you have, in effect, is two intersections a street width apart. Not a natural through fare. Inadequate visibility for everyone using this intersection. Recommend all -way stop The school crossing @ St John & Lancaster Sts is the primary pedestrian access to Queen Sq and the Blue Rock high rises where the proposed Harbour Passage /Market PI park upgrade terminates. Lancaster St is a non stop through fare catering to vehicles from the Digby ferry that runs twice a day. Signage directs ferry traffic to execute a 90 degree turn @.St John St to follow the truck route to all points beyond. This is simply illogical. Recommend all -way stop Due to fencing around school & playground, pedestrian access is restricted to a gate at the corner of the playground @ St John & Lancaster Sts and about 10 car lengths fronting the school entrance on City Line toward Tower St. Parking is also available across the street (City Line). There is room for three cars between Duffern Row and Maryanne Ct whereupon City Line narrows considerably. Parking is still permitted on both sides of the street from Maryanne Ct to Tower St but this often prohibits two way traffic on City Line. No school bus loading /unloading zone. St Pat's is currently serviced by a courtesy school bus in the morning and at the 2:00pm dismissal which has considerably reduced congestion. Recommend additional courtesy school bus at 3:OOpm dismissal. Inconsistent school zone signage 362 Corner of Duke St & Lancaster Ave There is no sidewalk on one side of Lancaster Ave from the flashing light @Tilton's Corner to Fundy Dr, save for the 15 feet or so in front of Hillcrest Baptist Church which has a signed mid block pedestrian crossing to the bus stop on the other side of this truck route. Duke St & Lancaster Ave, the juncture of two truck routes, is the primary vehicular /pedestrian access to the high density residential neighbourhoods of Carleton Heights & Lower West. Traffic from Simm's Corner has the non stop throughway along both Lancaster Ave & Duke St as does westbound traffic on Duke which prohibits a safe pedestrian crossing. There is NO visibility The unsigned painted crosswalk at the head of Duke St is situated such that pedestrians crossing from the Lancaster Ave sidewalk have no visibility of oncoming non stop through- traffic from Duke. Nor can drivers see pedestrians. Recommend all -way stop Carleton Community Centre This building, at the bottom of a very nasty hill, is the only municipal liaison location on the West Side that offers more than a skating rink. The basement houses the West Side Food Bank and the only provincial liaison location on the West Side - Horizon Health Network's Health and Wellness Centre. It is separated from the entire population of the West Side by a provincial highway truck route. A manually operated walk light is situated from the main entrance of the Community Centre to the SW corner of Duke & Market Pl. From here, it is one block south on a narrow pedestrian corridor to the playground entrance or two streets north to the proposed juncture with Harbour Passage @ King St. It is necessary for many residents living less than 3 blocks from the Community Centre to cross 4 truck routes to get there. The Carleton Peninsula boasts truck routes utilizing 12 different residential streets through the highest density neighbourhoods on the West Side, namely Carleton Heights & Lower West. Recommendations — Signed pedestrian crossing @ King St W & Market PI from SW corner to SE corner Elimination of Carleton Peninsula as truck route shortcut from Main St W to the Port Due to the removal of tolls on the Harbour Bridge, West Side traffic patterns must be re- evaluated with particular attention to the Carleton Peninsula. Other areas of concern - Catherwood & Bleury traffic lights — insufficient pedestrian crossing time - Lack of any signed pedestrian crossing from Manchester Ave to the Gault Rd via Manawagonish Rd. In conclusion, West Side pedestrian safety standards are on a par with what I would expect from a repressive dictatorship in a third world country. Mary Ellen Carpenter safeplaysiCcDrogers.com Encl: West Side Transit Report 363 May 18, 2010 To: All members of the Saint John Transit Commission Re: West Side Transit Report From: Mary Ellen Carpenter — West Side Business Transportation Consultant West Side bus service is a disgrace. Not only is the current West Side transit service detrimental to all West Side business, in part due to punitive and restrictive transfer policies, but Saint John Transit has also dismally failed to provide any semblance of a safe, affordable, convenient transit service to anyone on the West Side. Service from Lower West to Milford, Fairville and Manawagonish has always been poor- to -non- existent and remains so since the route changes last summer. Neither does it appear that the Harbour Bridge service to uptown has improved. The highest density population base on the West Side is the Carleton Peninsula from the Lancaster Mall to the Harbour Bridge, currently being serviced by the Lower West Bus. Before the route changes last year, this neighborhood had the best, albeit scenic route, transit access to all areas of the city. Since the route changes: - Public transit service to the ONLY pedestrian access across the river has been virtually eliminated and now requires 2 busses for ALL residents of the West Side. - Purportedly "improved" West Side transit service to Hospital /UN13 and McAllister Mall is negated by the necessity of now taking at least two busses. Potential 20min —1 hr+ wait every trip - Former direct service to Ellerdale route has been eliminated. It now takes three busses and the better part of two hours to access this part of East Saint John. Unless you live at the Lancaster Mall or you are going to the Lancaster Mall, there is a mandatory minimum of two busses to go anywhere. All transfers must be made at the Lancaster Mallon the next connecting bus or an extra fare of $2.50 is required. This means you are not permitted to pick up a loaf of bread or use the washroom and take the next bus in 20min. The West Side financial lmedicallretaillindustrial district that runs along Main St/Manawagonish and Fairville Blvd, inclusive, can be accessed from Lower West by foot in less than an hour. Recently, I visited three local West Side businesses utilizing public transit. It cost $10.00 and took SIX busses to complete these errands. To walk, for free, takes one hour and 10 minutes round trip. Public Transit should complement pedestrian traffic not hinder it. The narrow outdoor "mandatory transfer" island at the Lancaster Mall is lovely provided there are no more than 12 -15 people waiting at any given time. Access around benches is severely restricted. It is definitely not safe for young children, people laden with groceries or the mobility challenged. Weekdays between 3:50 and 4:20, when twenty (20) busses arrive & depart within 30min and practically all West Side transit users are forced to transfer busses via this narrow island, is an accident waiting for a place to happen. Pedestrian safety should have been of paramount concern in all route change decisions It is unwise to wait in the new, beautifully appointed, transit depot at the Lancaster Mall. It is difficult, if not impossible to know which bus has arrived or left as route numbers are often not posted on the side or back of the bus. No transit information of any kind is available. The electronic "transit arrivals" display is not yet operational. Would it be too much to ask to have 364 transit schedules posted or available somewhere inside this terminal? Marked bus stops on the West Side are a joke. Some stops are designated by a sign with a bus on it. No route #'s Some stops are designated by a plastic strip wrapped around a pole or tree. No route #'s Some stops are designated by faded yellow and/or blue paint on telephone poles. No route #'s Some stops are designated by virtue of being across the street from one of the above. Many stops are not marked at all. Lornville bus only goes to Spruce Lake Industrial Park. Does not go to Lornville. Fundy Heights bus goes through the Vale to Sand Cove Rd. Does not go to Fundy Heights. ( Fundy Heights is serviced by the Lower West figure 8 style route whereby Fundy Heights is serviced twice every time a bus leaves the Lancaster Mall until it returns 30min later.) The ONLY actual West side improvement since the implementation of the route changes is that a bus now stops at the Carleton Community Centre on Market PI. It is glaringly obvious that whoever modified the West Side routes: -Does not live on the West Side -Has not walked the West Side -Does not use public transit on the West Side, if anywhere. -Does not understand the basic concept of pedestrian safety. The West Side deserves a public transit route that safely services the West Side and its denizens or as we locals put it "something that makes sense for a change" Lower West is one of the two dedicated busses on the West Side. For the morning and afternoon "rush" hours, a second bus is added to service Lower West. Both busses alternate between the 30min round trip Lower West and the 10min round trip Fundy Heights(which doesn't go to Fundy Heights) routes, both busses changing names and route #'s somewhere between the alternate trips. It is against transit policy to board the Fundy Heights bus if you are going somewhere along the Lower West route and vice versa even though the SAME bus takes you both places. It makes no difference how windy, cold and wet it is outside. The Saint John Transit Commission wants an additional $2.50 from every user who dares board a bus before absolutely necessary. Transfers are only valid at the Lancaster Mall. An extra $2.50 is required from anywhere else. It is also against transit policy for monthly bus pass holders to make a round trip on ANY bus as stated in monthly pass conditions of use rule #6. They can be put out in the elements too. Does Saint John Transit value its customers? Certainly doesn't appear so. The Fundy Heights route(which doesn't go to Fundy Heights) is only offered during weekday "rush" hours to service the three or four people going to/from the Maritime Opportunity Centre on the Sand Cove Rd. The Lower West's convoluted, lopsided figure 8 route ill serves transit users all day until 10:00pm. It is unusual to see more than 2 or 3 people on any given run for most of the day. Not surprising considering the quality of service or lack thereof. This dedicated West route needs to be changed to the "West Side Bus" and travel to Tim Horton's Lower West King to Duke to Lancaster Ave Reversing Falls aka ONLY pedestrian access across river Main St Fairville Manawagonish Hilcrest Senior Complex 365 Meditrust, doctors, call centre et al Pumpkin Patch Golden Mile aka Fairville Blvd Sobey's Staples et al O'brien to Wilson to Catherwood Strip Mall, Legion, liquor store, drug store et al. Lancaster Mall Bleury Sand Cove - * "rush" hours service to Maritime Opportunity Fundy Heights Convenience Cushing Havelock Seaside Park — resume regular Lower West route to Tim Horton's A round trip would be no more than 40 -42min but would take West Siders where they need to go. No current Lower West stop is missed. No other routes need be affected. I know of no one on the West Side, who has access to a vehicle, who chooses to take the bus. A $65.00 adult monthly transit pass is cost efficient only if someone requires transportation to and from work for more than twelve (12) days per month. The benefits of a less expensive Senior monthly pass are negated on the West Side by the incessant bus changes necessary to locally execute regular, essential service tasks such as - Bank, Doctor, Grocery Store etc. and the added danger of a single transfer station at the Lancaster Mall that does not safely accommodate more than 15 people. I consider it outrageous that using the bus to run a few errands across the bridge and stopping for a quart of milk on the way home could easily cost me $20.00 or more, as per transit policy. Public transit should be reasonable, affordable and accessible to every citizen in Saint John. Saint John Transit's unjustifiable gouging of those who can least afford it, must stop. I recommend a $5.00 Day Pass with unlimited use at any bus stop. This would somewhat lessen the pedestrian /transit user hazards now present at the Lancaster Mall. The $5.00 Day Pass is a viable transportation option for all residents and visitors of the City. The marketing possibilities are tremendous: -Go green, take the bus - Explore the City/Your Neighborhood for $5.00Iday -Take a trip and never leave the City etc. The simplest and most cost efficient method to accomplish this would be to issue a green transfer, hole punched on the day of use. I may be contacted through the Saint John West Business Association Ph: 506-693-6357 Fax: 506-672-8518 Mary Ellen Carpenter safeplaysj @rogers.com 366 Dear Mayor and Common Council, I am writing this letter in regards to the parking ban on Douglas Ave from Bentley St. to the reversing falls bridge. I own a 2 unit at 358 -360 Douglas Ave and last year I lost over $3000 in rental income because my tenants did not think it was reasonable for them to have to park over 1 km away every cold winter evening and morning. I cannot understand why the other side of Douglas Ave is exempt and the portion where I reside is not. I was told last winter by city employees that they were looking into alternative parking for residents such as myself, yet nothing has still been done about this. I believe that council should use alternate side parking as was done for residents of the uptown /South end region or completely remove the parking ban on all of Douglas Ave. You cannot expect me to continually have higher taxes when I cannot provide parking for tenants during the winter months. I have spoken to many of my neighbors and last winter and we are all in agreement. While I understand that snow clearing is very important, I don't think expecting myself or my tenants to have to walk that distance each night /morning. I would like to see this issue brought before council once again as I don't think many of the councilors realized that there was no alternate parking provided for residents such as myself and that some are forced to walk in the snow and slush each evening to avoid parking tickets. if there was an exception made for uptown residents there definitely should be an exception made for ALL of Douglas Ave. When I purchased my building it was with the understanding that I could provide on street parking and I feel that it's been unjustly taken away from me. Douglas Ave is far wider than any street in the uptown region and so I cannot fathom why it is not exempt from the parking ban. It's neither fair nor does it make sense to have a parking ban on this portion of the street as it has only caused the market value of properties to be less valuable. It would be hard for me to ever sell now as I would not get full market value for a 2 unit building that cannot provide parking for its tenants. I would like to address Council if this is discussed during a meeting and would appreciate if you could advise me if and when this happens. Regards, Jamie Mahoney 367