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2012-07-16_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, July 16, 2012 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau de la greffiere communale au 658 -2862. Each of the following items, either in whole or in part, may be be discussed in private pursuant to the provisions of Section 10 of the Municipalities Act and Council /Committee will make a decision(s) in that respect in Open Session: 4:30 p.m. 8th Floor Boardroom City Hall 1.1 Financial Matter 1.2 Employment Matter 1.3 Policy Matter 1.4 Personnel Matter 1.5 Nominating Committee 1.6 Financial Matter 1.7 Employment Matter 10.2(4)(b) 1.8 Legal Opinion 10.2(4)(f)(g) 1.9 Legal Opinion 10.2(4)(c)(f) 1.10 Legal Opinion 10.2(4)(c)(f) 1.10 Employment Matter 10.2(4)(b)o) 1.11 Personal Matter 10.2(4)(b) 1.12 Financial Matter 10.2(4)(b) Regular Meeting 1. Call to Order — Prayer 7:00 p.m. Council Chamber 2. Approval of Minutes 2.1 Minutes of June 23, 2012 3. Adoption of Agenda Items Forwarded from July 3, 2012 Council Meeting: 3.0 a) City Manager: Customer Service — Proposed 2012 Improvements and CRM Software Early Adopter Agreement (Tabled on July 3, 2012) 3.0 b) Updated Customer Service Presentation July 3, 2012 3.1a) Common Clerk: Committee System of Governance 3.1 b) Presentation 3.1c) Committee Sample Schedule 3.1d) Portion of 2011 -11 -28 Council Minutes Respecting Committee System 5 3.2 Safe, Clean Drinking Water Program - Progress Update 3.3 City Manager: Mispec Park Update 3.4 Saint John Transit Commission: Use of Handi -Buses 3.5 Planning Advisory Committee: King George Court Subdivision 25 Bentley St 3.6 Planning Advisory Committee: Proposed Subdivision and Variance 54 Loch Lomond Rd 3.7 Planning Advisory Committee: Simpco Development Ltd. Subdivision 1032 Hillcrest Rd 3.8 City Solicitor: 'Reconsideration" of a Rezoning - 24 -26 Highmount Court 3.9 Return of a Planning Application Fee: Municipal Plan Amendment and Rezoning - 1000 Latimore Lake Road (Recommendation in Report) 3.10 Carpenter Letter Re: Truck Routes 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Buck Letter Re: Sydney Street Bus Shelter (Recommendation: Refer to Transit Commission to consult with the Heritage Board and the Police Commission) 5.2 Network Connection between Fire Station 1 and Police Head Quarters (Recommendation in Report) 5.3 Laserfiche RIO Software Upgrade - Saint John Information Management (SJIM) Project Phase 3 (Recommendation in Report) 5.4 Annual Unidirectional Flushing Program (Recommendation in Report) 5.5 Contract 2012 -4: Alward Street Sanitary Sewer Installation (Recommendation in Report) 5.6 Engineering Design and Construction Management: Spruce Lake, North End & Latimer Lake Water Transmission Main Inspections (Recommendation in Report) 5.7 Materials Testing and Inspection Services - Asphalt Concrete, Portland Cement Concrete and Soils Compaction for 2012 (Recommendation in Report) 5.8 The Power Commission of the City of Saint John Public Utility Easement - Eagle Boulevard PID 55064018 (Recommendation in Report) 5.9 Environmental Trust Fund - Letter of Offer (Recommendation in Report) 5.10 Vibrant Communities Request to Present Re Public Transit (Recommendation: Refer to Clerk to Schedule) 5.11 Actionable Items (Recommendation: Receive for Information) 6. Members Comments 7. Proclamation 8. Delegations / Presentations 8.1 Sculpture Saint John 9. Public Hearings 10. Consideration of By -laws 10.1 Public Presentation - 3795 Loch Lomond Rd, Abigail Place and 356 Eldersley Avenue 11. Submissions by Council Members 11.1 Citizen Online Crime Reporting System (Councillor Norton) 11.2 2013 Budget Process (Councillor McAlary) 0 11.3 Budget 2013 - Schedule for meetings & Public consultation (Councillor Snook) 11.4 Committee to Represent the Interest of Citizens - Taxpayers in Regards to the Pension (Councillor Fullerton) 11.5 Costs of Legal Services (Councillor Fullerton) 11.6 Mispec Park (Councillor Fullerton) 11.7 Public Transportation Tax Reforms and Innovative Transportation Solutions Tax Relief and Reforms (Councillor Snook) 11.8 Utilizing Vacant or Underutilized Space at Saint John Transit Operations Centre (Councillor Norton) 12. Business Matters — Municipal Officers 12.0 City Solicitor: Amendment to the Procedural By -Law (By -law Attached for 3rd Reading) 12.1 Commissioner of Finance: Cancel Tendering Process - Tender #2012 - 081801T Public Plaza 12.2 City Manager: Proposed Change to Market Place West Master Plan 12.3 City Manager: Contract 2012 -21: Concrete Pressure Pipe Electromagnetic Inspection 12.4 City Manager: Contract 2012 -15, Hazen Creek Culvert Replacements /Modifications 12.5 City Manager: Contract 2012 -9, Gilbert Street - Sanitary Lift Station #5 & Force Main 13. Committee Reports 13.1 Committee of the Whole: Freedom of the City for 410 City of Saint John Squadron, Royal Canadian Air Force 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 P. Whitebone Letter Re: Unsightly Property 16. Adjournment 7 The City of Saint John Seance du conseil communal Le lundi 16 juillet 2012 Comite pl6nier 1.Ouverture de la seance Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau de la greffi6re communale au 658 -2862. Chacun des points suivants, en totalit& ou en partie, peut faire l'objet d'une discussion en priv6 en vertu des dispositions pr6vues a Particle 10 de la Loi sur les municipalites. Le conseil /comit6 prendra une ou des d6cisions a cet 6gard au cours de la seance publique 16 h 30Salle de conf&rence du 8e 6tage, h6tel de ville 1.1 Question fmanci&e 1.2 Question relative a 1'emploi 1.3 Question de politique 1.4 Question relative au personnel 1.5 Comit& des candidatures 1.6 Question financiere 1.7 Question relative a 1'emploi — alin&a 10.2(4)b) 1.8 Avis juridique — alin&as 10.2(4)f), g) 1.9 Avis juridique — alin6as 10.2(4)c), f) 1.10 Avis juridique — alin6as 10.2(4)c), f) 1.10 Question relative a 1'emploi — alin&as 10.2(4)b), j) 1.11 Question relative au personnel — alin6a 10.2(4)b) 1.12 Question financiere — alin6a 10.2(4)b) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 19 h — Salle du conseil 2. Approbation du proces- verbal 2.1 Proc&s- verbal de la s6ance tenue le 23 juin 2012 3. Adoption de Vordre du jour Points reports lors de la s6ance du conseil du 3 juillet 2012 3.0a) Directeur g6n6ral : Service a la clientele — Am6liorations propos6es pour 2012 et entente relative a 1'adopteur pr6coce du logiciel de la GRC (point report6 lors de la s6ance du 3 juillet 2012) 3.0b) Pr6sentation mise a jour du Service a la clientele — le 3 juillet 2012 3.1 a) Greffi&re communale : Gestion du syst&me des comit&s 3.1b) Pr6sentation 3.1 c) hchantillon de cal endrier pour le comfit& 3.1d) Partie du proces- verbal de la s6ance du conseil tenue le 28 novembre 2011 relative au systeme des comit6s 3.2 Programme sur la salubrite et propret6 de 1eau potable — Compte rendu des progres r6alis6s 3.3 Directeur g6neral : Mise a jour relative au pare Mispec 3.4 Commission des transports de Saint John — Utilisation des Handi -Bus 3.5 Comite consultatif d'urbanisme : Lotissement cour King George au 25, rue Bentley 3.6 Comite consultatif d'urbanisme : Projet de lotissement et de d6rogation visant le 54, chemin Loch Lomond 3.7 Comite consultatif d'urbanisme : Lotissement Simpco Development Ltd. au 1032, chemin Hillcrest 3.8 Avocat municipal : R6examen d'une demande de rezonage visant les 24 -26, cour Highmount 3.9 Remboursement des frais lies a une demande d'urbanisme : Modification du plan d'am6nagement et du rezonage visant le 1000, chemin Latimore Lake (recommandation figurant au rapport) 3.10 Lettre de Carpenter concernant les itineraires pour camions 4. Divulgations de conflits d'interets 5. Questions soumises a 1'approbation du conseil 5.1 Lettre de Buck concernant 1'abribus de la rue Sydney (recommandation : transmettre a la Commission des transports aux fins de consultation avec le Conseil d'amenagement du patrimoine et le Bureau des commissaires de police) 5.2 Connexion r6seau entre la caserne de pompier no 1 et le quartier general du Service de police (recommandation figurant au rapport) 5.3 Mise a jour du logiciel Laserfiche Rio — Phase 3 du projet relatif a la gestion de l'information de Saint John (recommandation figurant au rapport) 5.4 Programme annuel relatif au ringage unidirectionnel (recommandation figurant au rapport) 5.5 Contrat no 2012 -4 relatif a l'installation des egouts sanitaires sur la rue Alward (recommandation figurant au rapport) 5.6 Conception technique et gestion de construction : Inspection des conduites d'eau principales du lac Spruce, du quartier nord et du lac Latimer (recommandation figurant au rapport) 5.7 Services d'essai des mat6riaux et d'inspection : 136ton asphaltique, b6tons de ciment Portland et travaux de compaction du sol pour 2012 (recommandation figurant au rapport) 5.8 Commission d'energie de The City of Saint John : Servitude d'utilit6 publique visant le boulevard Eagle, NID 55064018 (recommandation figurant au rapport) 5.9 Fonds en fiducie pour 1'environnement — Lettre d'offre (recommandation figurant au rapport) 5.10 Demande soumise par l'organisme Vibrant Communities qui desire se presenter devant le conseil au sujet du service de transport en commun (recommandation : transmettre a la greffi&e pour qu'elle fixe une date de pr6sentation) 5.11 Points pouvant faire l'objet de mesures de suivi (recommandation : accepter a titre informatif) 6. Commentaires pr6sent6s par les membres 7. Proclamation 8. D616gations et presentations 8.1 Sculpture Saint John 9. Audiences publiques 10. Etude des arrWs municipaux 10.1 Pr6sentation publique au sujet du 3795, chemin Loch Lomond, de la place Abigail et du 356, avenue Eldersley 11. Interventions des membres du conseil 11.1 Systeme de signalement en ligne des crimes pour les citoyens (conseiller Norton) 11.2 Processus budgetaire de 2013 (conseillere McAlary) 11.3 Budget de 2013 — Calendrier des reunions et des consultations publiques (conseiller Snook) 11.4 Comite devant representer les interets des citoyens /contribuables sur la question des pensions (conseillere Fullerton) 11.5 Couts lies aux services juridiques (conseillere Fullerton) 11.6 Parc Mispec (conseillere Fullerton) 11.7 Reformes fiscales et allegements fiscaux visant les transports en commun et les solutions en matiere de modes de transport novateurs (conseiller Snook) 11.8 Utilisation des espaces vacants ou peu utilises du centre pour les operations de transport en commun de Saint John (conseiller Norton) 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux 12.0 Avocat municipal : Modification a 1'arrete procedural (arr6te joint aux fins de troisieme lecture) 12.1 Commissaire aux finances : Annuler le processus d'appel d'offres — Soumission 2012- 081801T relative a la place publique 12.2 Directeur general : Modification proposee au plan d'am6nagement de la place Market Ouest 12.3 Directeur g6n6ral : Contrat no 2012 -21 relatif a 1'inspection electromagnetique d'un tuyau sous pression en b6ton 12.4 Directeur general : Contrat no 2012 -15 relatif au remplacement /aux modifications des buses du ruisseau Hazen 12.5 Directeur g6neral : Contrat no 2012 -9 — Conduite d'eau principale a la station de relevement no 5 de la rue Gilbert 13. Rapports d6pos6s par les comit6s 13.1 Comit6 pl6nier : Droit de cit6 pour le 410e Escadron de PAviation royale canadienne, d6tachement de Saint John 14. Etude des sujets 6cart6s des questions soumises a Papprobation du conseil 15. Correspondance g6n6rale 15.1 Lettre de P. Whitebone concernant une propri6t6 inesthetique 16. Levee de la s6ance 97- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 23, 2012/LE 23 JUIN 2012 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN INTERPRETATION CENTRE ROCKWOOD PARK — JUNE 23, 2012 — 9:00 A.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, MacKenzie, McAlary, Merrithew, Norton, Reardon, Snook and Strowbridge - and - P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Administrative Services; K. Forrest, Commissioner of Growth and Development Services; W. Edwards, Commissioner of Transportation and Environment Services; J. Hamilton, Commissioner of Strategic Services; E. Gormley, Common Clerk and J. Taylor, Assistant Common Clerk. 1. Call To Order Mayor Norton called the meeting to order. 1.1 Strategic Services Referring to the submitted presentation entitled, Strategic Services: Responding to Constant Changes, Ms. Hamilton, Commissioner of Strategic Services provided an overview of the presentation and answered questions from members of Council. On motion of Councillor McAlary Seconded by Councillor Snook RESOLVED that Item 1.1 Strategic Services: Responding to Constant Changes, be received for information. Question being taken, the motion was carried. 1.2 Finance and Administrative Services Referring to the submitted presentation entitled, Finance and Administrative Services: Ensuring Fiscally Responsible Government, Mr. Yeomans, Commissioner of Finance and Administrative Services provided an overview of the presentation and answered questions from members of Council. On motion of Deputy Mayor Rinehart Seconded by Councillor Reardon RESOLVED that Item 1.2 Finance and Administrative Services: Ensuring Fiscally Responsible Government, be received for information. Question being taken, the motion was carried. 1.3 Saint John Water Referring to the submitted presentation entitled, Saint John Water: Enhancing Drinking Water Quality and the Environment, Mr. Edwards, Commissioner of Transportation and Environment Services and Mr. Mason, Deputy Commissioner of Saint John Water provided an overview of the presentation and answered questions from members of Council. On motion of Councillor McAlary Seconded by Councillor Norton RESOLVED that Item 1.3 Saint John Water: Enhancing Drinking Water Quality and the Environment, be received for information. Question being taken, the motion was carried. 1.4 Plan SJ 97- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 23, 2012/LE 23 JUIN 2012 (Deputy Mayor Rinehart withdrew from the meeting) Referring to the submitted presentation entitled, PlanSJ: A Bold New Municipal Plan, Mr. Forrest, Commissioner of Growth and Development Services provided an overview of the presentation and answered questions from members of Council. On motion of Councillor Reardon Seconded by Councillor Farren RESOLVED that Item 1.4 PlanSJ: A Bold New Municipal Plan, be received for information. Question being taken, the motion was carried. 16. Adjournment The Mayor declared the meeting adjourned at 12:20 p.m. Mayor Common Clerk 9 97- COMMON COUNCIL / CONSEIL COMMUNAL JUNE 23, 2012/LE 23 JUIN 2012 SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN CENTRE D'INTERPRETATION DU PARC ROCKWOOD — LE 23 JUIN 2012 A 9 H Sont presents : Mel Norton, maire la mairesse suppleante Rinehart et les conseillers Farren, MacKenzie, Merrithew, Norton, Snook, Strowbridge et les conseilleres Fullerton, McAlary et Reardon -et - P. Woods, directeur general; J. Nugent, avocat municipal; G. Yeomans, commissaire aux services financiers et administratifs; K. Forrest, commissaire aux services de developpement et de croissance; W. Edwards, commissaire aux services de transport et d'environnement; J. Hamilton, commissaire aux services strategiques; E. Gormley, greffiere communale, et J. Taylor, greffier communal adjoint. 1. Ouverture de la seance La seance est ouverte par le maire Norton. 1.5 Services strategiques Faisant reference au rapport soumis intitule Services strategiques : Reagir aux changements constants, Mme Hamilton, commissaire aux services strategiques, fournit un aperqu de la presentation et repond aux questions posees par les membres du conseil. Proposition de la conseillere McAlary Appuyee par le conseiller Snook RESOLU que le point 1.1 Services strategiques : Reagir aux changements constants soit accepte a titre informatif. A Tissue du vote, la proposition est adoptee. 1.6 Services financiers et administratifs Faisant reference au rapport soumis intitule Services financiers et administratifs : Garantir un gouvernement responsab /e sur le plan fiscal, M. Yeomans, commissaire aux services financiers et administratifs, fournit un aperqu de la presentation et repond aux questions posees par les membres du conseil. Proposition de la mairesse suppleante Rinehart Appuyee par la conseillere Reardon RESOLU que le point 1.2 Services financiers et administratifs : Garantie d'un gouvernement responsable sur le plan fiscal soit accepte a titre informatif. A Tissue du vote, la proposition est adoptee. 1.7 Saint John Water Faisant reference au rapport soumis intitule Saint John Water: Ameliorer la qualite de 1'eau potable et 1'environnement, M. Edwards, commissaire aux services de transport et d'environnement, et M. Mason, commissaire adjoint de Saint John Water, fournissent un aperqu de la presentation et repondent aux questions posees par les membres du conseil. Proposition de la conseillere McAlary Appuyee par le conseiller Norton RESOLU que le point 1.3 Saint John Water: Ameliorer la qualite de I'eau potable et 1'environnement soit accepte a titre informatif. 10 97- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 23, 2012/LE 23 JUIN 2012 A Tissue du vote, la proposition est adoptee. 1.8 PIanSJ (La mairesse suppleante Rinehart quitte la seance.) Faisant reference au rapport soumis intitule PlanSJ : Un plan d'urbanisme d'avant- garde, M. Forrest, commissaire aux services de developpement et de croissance, fournit un aperqu de la presentation et repond aux questions posees par les membres du conseil. Proposition de la conseillere Reardon Appuyee par le conseiller Farren RESOLU que le point 1.4 PlanSJ : Un plan d'urbanisme d'avant -garde soit accepte a titre informatif. A Tissue du vote, la proposition est adoptee. 16. Levee de la seance Le maire declare que la seance est levee a 12 h 20. maire greffiere communale 11 REPORT TO COMMON COUNCIL M & C 2012 -163 June 14, 2012 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Common Council: 71n I The City of Saint John SUBJECT: Customer Service — Proposed 2012 Improvements and CRM Software Early Adopter Agreement BACKGROUND On November 3, 2008, a resolution was approved that directed the City Manager to present a report to Common Council on the implementation on a 311 municipal phone service and /or other methods of improving customer service for the City of Saint John. Outcomes expected as part of this resolution included customer service improvements that address accessibility, responsiveness, consistency and quality of municipal services. City staff has conducted extensive research and design work to develop a solution that will support the achievement of desired customer service improvement outcomes. Council was updated on the progress of customer service improvement initiatives on April 12, 2010 and July 18, 2011. The following list outlines progress on improving customer service since 2009. Review of best practices from Halifax, St. John's, Calgary and Edmonton to gain knowledge on customer service improvements carried out by these municipalities. Call for proposals issued for a Customer Service Management Centre to seek qualified professional firms to provide and implement a customer service software solution. Discovery process undertaken with the preferred customer service software solution to determine if it would meet the City's needs. Launch of a redesigned web -site for the City of Saint John. The goal was to provide better access to information on the City's service offerings, enhance customer service and improve accountability for service results. 12 M &C 2012 -163 Customer Service — Proposed 2012 Improvements Page 2 of 7 Evaluation of Sungard ONEsolution Customer Relationship Management (CRM) software as an option to provide better integration with existing financial and work order systems and reduce costs associated with purchasing software licenses. Completion of high -level design requirements to implement a customer service solution using a phased approach. Identification of requirements included extensive research on best practices related to customer service in the public sector, evaluation of public input obtained through engagement activities, and analysis of the City's current operations. Completion of an initial set of service level standards for many of the City's public facing services as part of the 2012 service -based budget process. Performance management of customer service expectations by engaging an independent market research firm to conduct annual citizen surveys designed to access residents' satisfaction with service delivery and identify community priorities on behalf of the City. Outreach and relationship building between the City and the community as a result of extensive public engagement initiatives undertaken as part of P1anSJ. Public engagement provides opportunities to ensure that service delivery addresses public interests and create better awareness of what the community can expect with respect to service delivery. On -going customer service training for City employees, particularly through the career development system for the outside workforce. Other service areas have taken the initiative to obtain similar training that focuses on the soft skills required to provide good customer service. Expectations around customer service are being better communicated with employees with the implementation of the performance review system. Customer service is identified as a core competency for all employee groups. This report outlines a direction for Common Council to consider for improving customer service to our citizens in 2012. ANALYSIS In developing a customer service solution, input was collected through public engagement to identify suggestions to improve the City's customer service. Citizens expressed concerns on their ability to contact the `right' service area and inconsistent follow -up to service requests during ward meetings. The City's 2011 annual citizen survey conducted by Ipsos Reid was also used as a tool to obtain input into the development of a customer service solution. The survey revealed that citizens are generally satisfied with their contact with City staff, although indicated room for improvement around the speed and timeliness of service and ability to resolve issues. Citizens offered suggestions (Figure I) related to ease of access, better communications, and prompt response to service calls and inquires as improvements to customer service. 13 M &C 2012 -163 Customer Service — Proposed 2012 Improvements Page 3 of 7 ABI TO CGNTACF SERV TH[ UTY Citizens Suggest Improvements FOR WQUQLX IRI[SOR SlR41C! 0[i1V[RY r to Customer Service... Mean SwwY 2011 I rgo2l Easier to reach, be more available for contact 10% tow Listen to people, improve communications 1014 Prompt response to requests, concerns /return 7% cams Improve training of staff M tn; Hire more staff 3% 1sr Better hours 3% ■Better webslte, more online features 2% VKf sOWAVI&A not wry not M 11 Answer the phone 2% s►ed�d StYr11d so"Nd sa".d Be more pleasant, helpful, respectful 2% Figure 1: City of Saint John Survey results related to customer service (Ipsos Reid 2011 Survey Results). While contact with the City is viewed as satisfactory, survey results clearly indicate that citizens are looking for improvements to service delivery (e.g., roadway maintenance 22% somewhat satisfied in 2011). Citizen perception of customer service is often shaped by whether or not they got what they needed in terms of service delivery (e.g., Was the pothole filled? Did I get the building permit? Is there a recreation program available in my neighbourhood ?). While service delivery process improvements are not within the scope of this project, better communication and access to information will help to improve customer service. Access to information related to service levels helps to build better awareness of what citizens can expect as a result of the City's service offerings. As part of the extensive research and analysis undertaken to determine how to improve customer service, the City has identified some guiding principles. The goal of the City's customer service improvement initiative is to enhance citizen contact experience and accessibility to information and services. This will be accomplished by: providing a consistent and timely approach and response to service requests; improving the ability to manage, monitor and measure service requests to identify priorities for improving service; and empowering all employees to provide quality customer service through training and development. In order to achieve these objectives, the City will focus on delivering several customer service improvement initiatives. While work will be planned to move several of these initiatives forward in 2012, progress has been made on a number of these initiatives and is described below. 14 M &C 2012 -163 Customer Service — Proposed 2012 Improvements Page 4 of 7 Customer Service Policy — Creation of a high -level Common Council approved policy statement the will guide the City in providing quality customer service. The policy outlines how we deliver quality customer service and the principles that guide our actions. A draft customer service policy has been developed for Council's consideration. The policy was developed by a cross - functional staff team and incorporates best practices, the Community's vision and goals, Council's priorities, PlanSJ directions and public engagement feedback. Corporate Customer Service Level Standards — Development of customer service standards that provide direction corporately in how we provide customer service; bringing consistency and reliability to the delivery of service across the organization and the customer experience. An example of service standards include response times for follow -up on service requests (not necessarily service delivery). Draft standards that will incorporate best practices are in the process of being prepared by a cross - functional staff team for the City Manager's consideration. Service Request Mapping — Documentation of processes related to each type of service request from the time request is received until completion, providing a means to ensure that everyone involved in customer service understands how service is delivered. These process maps provide a means to better communicate service expectations and a basis for service improvement. Current state process maps for the most common requests for service in Transportation & Environment and Saint John Water have been completed. Mapping of service requests will continue in these service areas, with other service areas being incorporated into the implementation of a customer service solution over time. Service Delivery Standards — Documentation of service level standards that support continuous improvement of service delivery, allowing the City to better communicate service delivery expectations with citizens and enhance the customer service experience. Examples include response time for pothole repair (based on priority) or water leak repair (based on priority). The City completed a service -based budget as part of the 2012 operating budget process. The service -based budget links service levels (expectations) with budget allocations. As a result, service delivery standards for many of the City's public facing services have been established. The City is contemplating a core service review that looks at what services the City should be delivering and to what extent. As a result, service levels will continue to be refined in support of improved customer service. Customer Relationship Management (CRM) Software — Implementation of technology based tools (including a knowledgebase that supports better communication and information to citizens on service delivery) that will enable the City to better manage service requests and interact with citizens in a more consistent and efficient manner. An agreement has been prepared for CRM software (attached), with review and input from the City's legal and purchasing services, for Council's consideration. Once the software has been purchased the implementation (process design and training) can begin. Customer Service Training Program — Development of a comprehensive customer service training program for all levels of employees in the corporation. The program will be built around the City's customer service objectives, processes and standards as developed to support improvement of customer service. 15 M &C 2012 -163 Customer Service — Proposed 2012 Improvements Page 5 of 7 In implementing each of these improvement initiatives, the City must consider the model it will use to deliver customer service. One option is a centralized model that provides citizens with easy access to municipal service through a single point -of- contact whether it is by telephone (i.e., one number concept), walk -in or on -line. The other option is to continue with the existing decentralized model where each service area is responsible for its customer service processes. Service improvement in the decentralized model would involve better coordination of customer service expectations with the introduction of corporate standards. A long -term solution for the City would be to work toward the implementation of a centralized customer service model. This model focuses on the creation of a corporate Citizen Contact Centre that would be responsible for coordinating service requests (initiation and follow -up with citizens), managing customer service standards, reporting on results and evaluating them to identify areas for service improvement. Requirements for a contact centre in terms of staffing, space and technology have been evaluated based on the City's current call volumes. Implementation costs for a contact centre are estimated to be in the range of $150,000 to $200,000. This estimate is considered to be a one -time cost to the City that would include software, training (limited), equipment and furniture. It should be noted that the proposed budget for implementation can only be achieved if the City is able to obtain customer service software (CRM) at no cost. In September 2009, the City released a proposal call for a customer service software solution. From the responses, the preferred proposal was estimated to cost the City $450,000 and sufficient funds were allocated in the 2010 Capital Budget (with carry over to 2011). While this software would have met the customer service objectives outlined in the proposal call, significant effort and resources would have been required to integrate the proposed solution with the City's Sungard financial and work order systems. In 2011, City staff evaluated a new Customer Relationship Management (CRM) software product from Sungard that will better integrate with the City's financial and work order systems. The City is being afforded an opportunity to enter into an early adopter agreement (attached) to evaluate the system and determine how it will best support the delivery of quality customer service. By agreeing to install, evaluate and test this new software for Sungard the City can obtain the software license free of charge, resulting in savings of approximately $400,000 from the original capital budget estimate. The early adopter agreement also provides the City with an opportunity to evaluate Sungard's new ONEsolution platform to determine if the software will meet the City's customer service needs before purchasing a license, essentially minimizing the risks associated with obtaining software. While customer service software will support better tracking and follow -up to citizen requests to service, it will also provide a means to measure performance related to established service level standards. The City's current software applications do not easily support performance measurement. If the City does not take advantage of the early adopter agreement with Sungard, there would be a requirement to issue a new proposal call for a customer service software solution. As a result, the City would have to purchase software licenses in the range of $150,000 to $400,000. The 2012 capital budget allocated $40,000 for customer service. 16 M &C 2012 -163 Customer Service — Proposed 2012 Improvements Page 6 of 7 Operating costs associated with the contact centre are estimated to be approximately $530,000. These costs include staffing (wages and benefits), on -going training, equipment and technology requirements. It is envisioned that staffing costs would be offset by reorganizing existing human resources from across the organization, resulting in on -going operating costs in the range of $75,000. However, given establishment reductions to a number of administrative positions as a result of the 2012 operating budget, there would be challenges to achieving this reorganization in the short-term. The operating cost estimate is also based on providing centralized customer service during core business hours. Additional operating costs would be required to provide 24 -7 access (or increased hours of service) to City services. Cost efficiencies may be realized by integrating with the City's Public Safety Communications Centre to provide 24 -7 service and will be analyzed if further consideration is given to the implementation of a centralized customer service model. Implementation and operating cost estimates do not take into account space requirements. The City is currently working on evaluating its space requirements with the implementation of the organization realignment and the Police Commission set to move into its new headquarters in the fall of 2012. Once the City completes its space audit these additional costs can be worked into the operating budget as required. Considering the costs associated with the implementation and operation of a Citizen Contact Centre and the City's current economic challenges, it is recommended that a focus is placed on implementing improvements to the City's current decentralized customer service model. These improvements consist of the deliverables listed above, more specifically the introduction of corporate customer service standards and implementation of CRM software. The focus will be on ensuring that customer service solutions are scalable to support the implementation of a centralized model in the future. While this approach does not support an immediate move to a one - number customer service concept, City staff will evaluate the current telephony system and implement improvements to support easier access to municipal services and information. Access will be further enhanced through continued improvements to the City's website. The primary focus for 2012 will be a phased implementation of customer service standards and a software solution that supports a coordinated, corporate approach to managing requests for service. While the customer service policy and related service standards will be introduced corporate wide, the implementation of the CRM will be phased in by service area. Training will be carried out to support the implementation of these two customer service improvements as required. The annual citizen survey and the City's call volumes indicate that Transportation & Environment Services and Saint John Water receive the most citizen contacts. As a result, CRM implementation and related processes will be implemented for these service areas in 2012. These service areas currently operate collectively under an informal one - number citizen contact centre (658 -4455) configuration providing 24 -7 access to service. This phase of implementation will essentially act as a pilot project to support the future development of a centralized (one - number) citizen contact centre, therefore requiring input from all service areas and consideration 17 M &C 2012 -163 Customer Service — Proposed 2012 Improvements Page 7 of 7 of public input to ensure that processes will achieve customer service objectives. An implementation plan for remaining service areas will be developed for 2013. FINANCIAL IMPLICATIONS By entering into the Early Adopter Agreement, Sungard Public Sector Inc. will waive the capital cost for purchasing the ONEsolution CRM software. The City will incur implementation costs of approximately $20,000. This is a planned expenditure and as such funds are available in the approved 2012 Capital Budget. INPUT FROM OTHERS The City's Legal and Purchasing services have reviewed the Early Adopter Agreement and are supportive of the recommendation. The Common Clerk's Office has reviewed the agreement and will participate in the evaluation of the software to ensure that it meets requirements related to records management and privacy legislation. Corporate projects of this nature require committed human resources to ensure the successful delivery of planned objectives. The project will be supported by staff within the Strategic Services area. The Transportation & Environment and Saint John Water service areas have reviewed the project requirements and are supportive of the initial phase of implementation. RECOMMENDATIONS It is recommended that Common Council: approve a phased approach to customer service improvements that includes implementation of customer service standards and a software solution that supports a coordinated, corporate approach to managing requests for service in 2012; and authorize enrollment into an Early Adopter Software Agreement (attached) with Sungard Public Sector Inc. for Customer Relationship Management (CRM) software. Respectfully submitted, Jacqueline Hamilton, MCIP RPP Commissioner, Strategic Services J. Patrick Woods, CGA City Manager im EARLY ADOPTER SOFTWARE AGREEMENT SUNGARD PUBLIC SECTOR INC. and City of Saint John 890 Fortress Street 15 Market Square City Hall Building 91h Floor Chico, CA 95973 Saint John, NB, Canada E2L 41_1 ( "SunGard Public Sector ") ( "Customer') This Early Adopter Software Agreement ( "Agreement") is entered into on the Execution Date by and between SunGard Public Sector and Customer. The parties agree as follows: Certain Definitions. 1.1. "Component System" means the computer software program(s) identified in Exhibit 1 as a Component System. 1.2. "Equipment" means a hardware and software configuration located within the United States of America or Canada for which SunGard Public Sector supports the use of the Limited Release Enhancement(s). 1.3. "Execution Date" means the latest date shown on the signature page of this Agreement. 1.4. "Intellectual Property Rights" means all patents, patent rights, copyrights, copyright registrations, trade secrets, trademarks, service marks, trademark and service mark registrations, goodwill pertaining to trademarks and service marks, and confidential information. 1.5. "Evaluation Period" means the period commencing on the Execution Date and ending one hundred twenty (120) days after the Execution Date. 1.6. "General Release Revision" means a new version of a Component System to be issued as a general release to SunGard Public Sector's customers who receive, and have paid for, support and maintenance services for such Component System. 1.7. "Limited Release Enhancement" means preliminary changes to a Component System which increase the functionality of the Component System in question, including all copies of all Object Code and all related specifications, documentation, technical information, and all corrections, modifications, additions, improvements and enhancements to and all Intellectual Property Rights for such Limited Release Enhancement. 1.8. "Object Code" means computer programs assembled, compiled, or converted to magnetic or electronic binary form on software media, which are readable and usable by computer equipment. 1.9. "Source Code" means computer programs written in higher -level programming languages, sometimes accompanied by English language comments and other programmer documentation. 2. Ownership and/or Right to Grant License. SunGard Public Sector owns and /or has the right to grant the license herein to the Limited Release Enhancement(s), all copies of the Limited Release Enhancement(s), and all Intellectual Property Rights for and in the Limited Release Enhancement(s). License. 3.1. License. Subject to the terms and conditions of this Agreement, SunGard Public Sector grants Customer a non - exclusive, non - transferable limited license to use the Limited Release Enhancement(s) in Object Code form on the Equipment, during the Evaluation Period, for the sole purpose of allowing Customer the opportunity to evaluate the functionality of the Limited Release Enhancement(s) and to provide feedback to SunGard Public Sector pertaining to the Limited Release Enhancement(s) as may be reasonably requested by SunGard Public Sector. The parties anticipate that upon conclusion of the Evaluation Period, the Limited Release Enhancement(s) will become a General Release Revision(s) under the terms of the existing maintenance agreement between the parties hereto. Notwithstanding, SunGard Public Sector expressly reserves the sole and exclusive right to determine what functionality of the Limited Release Enhancement(s), if any, may be included in any General Release Revision. Further, SunGard Public Sector will solely determine when such General Release Revision will become available. Any rights not expressly granted in this Agreement are expressly reserved. 3.2. Restrictions on Use of the Limited Release Enhancement(s). Customer may not assign, license, or otherwise transfer, voluntarily, by operation of law or otherwise, its right to use the Limited Release Enhancement(s). Customer will not disclose all or any part of a Limited Release Enhancement to any person except its employees as reasonably necessary to permit its employees to use the Limited Release Enhancement for the purposes explicitly permitted in this Agreement. Customer may permit its employees to have access to the Limited Release Enhancement(s) only on a need -to -know basis and only if prior to granting such access, each Page 1 of 4 19 such employee has been informed in writing of the non - disclosure obligations of Customer and the employee under this Agreement. Customer is prohibited from causing or permitting the reverse engineering, disassembly or decompilation of any Limited Release Enhancement in order to obtain Source Code, of for any other reason whatsoever. Customer may not make any Limited Release Enhancement available in any commercial time - sharing, commercial networking, or rental arrangements. Customer will not allow any Limited Release Enhancement, in whole or in part, to be exported outside of the United States of America (or Canada, as applicable for certain customers located in Canada), in any manner or by any means. 3.3. Intellectual Property Rights Notices. Customer agrees to include the Intellectual Property Rights notices provided by SunGard Public Sector in the code, or written on labels or containers of the Limited Release Enhancement(s), or on the cover or title page of documentation, in any copy or part thereof made by Customer. Customer will not modify or remove, in any manner, the Intellectual Property rights notices provided by SunGard Public Sector in connection with the Limited Release Enhancement(s). 4. Services. Services (including without limitation installation, implementation, training, support and /or maintenance services) are not included herein but may be provided by SunGard Public Sector through separate agreement or add -on quote which may be provided concurrently with this Agreement. 5. Waiver of Fees. There will be no license fee or maintenance charges for Customer's use of the Limited Release Enhancement(s) during the Evaluation Period. 6. Confidential Information. "Confidential Information" means non - public information of a party to this Agreement. Confidential Information of SunGard Public Sector includes the Limited Release Enhancement(s), all software provided with the Limited Release Enhancement(s), and algorithms, methods, techniques and processes revealed by the Limited Release Enhancement(s). The party receiving ( "Recipient ") any Confidential Information under this Agreement from the other party ( "Owner ") agrees: (i) to treat the Owner's Confidential Information as proprietary to the Owner; and (ii) that it will not knowingly disclose to any person or entity not a party to this Agreement, or use for its own or any such person's or entity's benefit, any Confidential Information of the Owner. In no event will the Recipient use less care to maintain the confidentiality of the Owner's Confidential Information than the Recipient uses to maintain the confidentiality of its own information of equal importance, using at all times at least a reasonable standard of care. Confidential Information, whether or not described above, does not include information that: (i) is or becomes known to the public without fault or breach of the Recipient; (ii) is independently developed by the Recipient without use of any Confidential Information of the Owner, (iii) the Owner regularly discloses to third parties without restriction on disclosure, or (iv) the Recipient receives from a party other than the Owner without restriction on disclosure and without breach of a non - disclosure obligation. Notwithstanding the termination of this Agreement, the non - disclosure and non -use obligations set forth above will remain in full force with respect to each item of Confidential Information for a period of ten (10) years after the first receipt of that item by the Recipient. However, Customer's obligations to maintain the Limited Release Enhancement(s) as confidential will survive in perpetuity. 7. Term and Termination. This Agreement will continue in full force and effect until the expiration of the Evaluation Period, at which time this Agreement and the license granted to Customer hereunder will automatically terminate. However, Customer may obtain either a perpetual or a limited -term license to the Component Systems at any time, through a separate agreement that is signed by both parties. Either party may terminate this Agreement prior to the expiration of the Evaluation Period if the other party breaches or fails to perform any material term or condition of this Agreement and fails to correct or cure such breach or failure to the reasonable satisfaction of the party desiring termination within two (2) days after the giving of notice as provided in this Agreement, provided that the breach is capable of being cured. For breaches that are not capable of being cured, this Agreement is terminable immediately by the non - breaching party upon notice to the breaching party. At the termination of this Agreement, unless the parties have entered into a separate agreement for a continuing license to use the Component Systems, Customer promptly will return to SunGard Public Sector all copies of the Limited Release Enhancement(s), and will certify to SunGard Public Sector in writing, over the signature of a duly authorized representative of Customer, that it has done so. Further, SunGard Public Sector reserves the right, at SunGard Public Sector's expense, to independently verify the removal or uninstall of the Limited Release Enhancement(s) from any of Customer's central servers and/or individual workstations. All obligations relating to non -use and non - disclosure of Confidential Information and the obligations of Customer to respect SunGard Public Sector's Intellectual Property Rights will survive termination of this Agreement for any reason. 8. Notices. All notices and other communications required or permitted under this Agreement must be in writing and will be deemed given when: delivered personally; sent by registered or certified mail, return receipt requested; transmitted by facsimile confirmed by first class mail; or sent by overnight courier. Notices must be sent to a party at its address shown on the first page of this Agreement, or to such other place as the party may subsequently designate for its receipt of notices. 9. EXCLUSION OF WARRANTIES AND LIABILITY. SUNGARD PUBLIC SECTOR MAKES NO WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, WITH REGARD TO ANY MATTER RELATING TO THIS AGREEMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE LIMITED RELEASE ENHANCEMENTS ARE PROVIDED TO CUSTOMER "AS IS" SOLELY FOR THE PURPOSES SPECIFICALLY SET FORTH IN THIS AGREEMENT AND THAT SUNGARD PUBLIC SECTOR MAKES NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH REGARD TO THE LIMITED RELEASE ENHANCEMENTS OR ANY PARTS THEREOF, AND THAT SUNGARD PUBLIC SECTOR EXPLICITLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER ACKNOWLEDGES AND AGREES THAT IN NO EVENT WILL SUNGARD PUBLIC SECTOR HAVE ANY LIABILITY WHATSOEVER IN CONNECTION WITH ANY LIMITED RELEASE ENHANCEMENT, THIS LICENSE, OR ANY OTHER MATTER RELATING TO THIS AGREEMENT, WHETHER FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER TYPE OF DAMAGES. CUSTOMER ACKNOWLEDGES AND AGREES THAT SUNGARD PUBLIC SECTOR HAS ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH IN THIS AGREEMENT, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. Page 2 of 4 20 10. Miscellaneous. Neither party to this Agreement will be liable to the other for any failure or delay in performance under this Agreement due to circumstances beyond its reasonable control including, without limitation, Acts of God, accident, labor disruption, acts, omissions and defaults of third parties, and official, governmental and judicial action not the fault of the party failing or delaying in performance. This Agreement will be governed by and construed in accordance with the laws of the State of California. If any provision of this Agreement is found invalid or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this Agreement will not be affected. No failure of either party to this Agreement to prosecute its rights with respect to any single or continuing breach of this Agreement will act as a waiver of the right of that party to later exercise any right or enforce any remedy granted under this Agreement with respect to that same or any other breach of this Agreement by the other party to this Agreement. This Agreement sets forth the entire agreement between the parties with respect to the subject matter hereof, and all prior discussions, representations, proposals, offers and oral or written communications of any nature are entirely superseded hereby and extinguished by the execution of this Agreement. No modification hereof or waiver of any right under this Agreement will be effective unless it is evidenced in a writing executed by an authorized representative of each party to this Agreement. THIS AGREEMENT IS OF NO FORCE OR EFFECT UNLESS OR UNTIL THE PARTIES HAVE SEPARATELY EXECUTED THE FOLLOWING AGREEMENT 1 ADD - ON QUOTE, FOR SERIVICES TO BE PROVIDED TO CUSTOMER, WHICH IS PROVIDED CONCURRENTLY WITH THIS AGREEMENT: SUNGARD PUBLIC SECTOR INC. M Name/Title: Date: Customer — The City of Saint John Signature Name Title Mayor Date Signature Name Title Common Clerk Date Resolution Date Page 3 of 4 21 EXHIBIT 1 NOTE: In order to use the Limited Release Enhancement(s), Customer must also obtain, install on the Equipment and maintain SunGard Public Sector - supported versions of certain software products, database software products and certain software /hardware peripherals. By this notice, SunGard Public Sector is advising Customer that Customer should consult with its SunGard Public Sector Professional Services representative to obtain a written listing of such necessary software products, database software products and software /hardware peripherals Component System(s) OSCRM — ONESolution CRM. PAYMENT: There will be no license fee or maintenance charges for Customer's use of the Limited Release Enhancement(s). DELIVERY: The Limited Release Enhancement(s) will be delivered to the Delivery Address within a commercially reasonable period of time following the Execution Date. Page 4 of 4 22 2012 Update and Proposed Improvements June 18, 2012 23 rA ABILITY TO CONTACT THE CITY �ggesi impro,!4wmR=E.- FOR INQUIRIES OR SERVICE DELIVERY to Customer Service... Citizen Survey 2011 0 I (n =802) Easier to reach, be more available for contact 10% 509'0 Listen to people, improve communications 10% Prompt response to requests, concerns /return calls �o �� Improve training of staff 3% n% Hire more staff 3% 13% Better hours 3% 64: Better website, more online features 2% Very Somewhat Not Very Not At 511 Answer the phone 2% Satisfied Satisfied Satisfied Satisfied Be more pleasant, helpful, respectful 2% 2012 Customer Service Update and Proposed Improv4+ents SAINT JOHN rA Enhance citizen contact experience and accessibility to information and services. • Providing a consistent and timely response to service requests. • Improving the ability to manage, monitor and measure service requests to identify priorities for improving service. • Empowering all employees to provide quality customer service through training and development. 2012 Customer Service Update and Proposed Improvements SAINT JOHN rA 0 C] Site visit and research of best practices Proposal call for software and discovery process Website redesign • Sungard ONEsolution Customer Relationship Management (CRM) software evaluation agreement • Design requirements for centralized service model • Plan for phased implementation • Service level standards for public facing services • Citizen survey to assess service performance and community priorities • Outreach and relationship building from public engagement conducted as part of PlanSJ • On -going customer service training • Employee performance reviews 2012 Customer Service Update and Proposed Improvements SAINT JOHN 2012 Customer Service Improvement Plan Customer Service Improvement Program Customer Service Policy Corporate Customer Service Standards Service Request Mapping Service Delivery Standards Customer Relationship Management (CRM) Software Implementation and Process Documentation Customer Service Training Program Customer Service Model Project Management rA Long -term solution — centralized single point -of- contact • Implementation and operating costs • Hours of operation • Re- alignment • Space audit at City Hall Immediate solution — improvements to existing model • Corporate wide introduction of customer service policy and standards • Scalable implementation of CRM • Transportation & Environment and Saint John Water Services • Telephony system improvements for easier access • Continued website enhancements 2012 Customer Service Update and Proposed ImprovAhents SAINT JOHN rA It is recommended that Common Council: • approve a phased approach to customer service improvements that includes implementation of customer service standards and a software solution that supports a coordinated, corporate approach to managing requests for service in 2012; and • authorize enrollment into an Early Adopter Software Agreement (attached) with Sungard Public Sector Inc. for Customer Relationship Management (CRM) software. 2012 Customer Service Update and Proposed Improv4hents SAINT JOHN 2012 Update and Proposed Improvements July 3, 2012 gill rA • 2008 Council Resolution: Present a report to Common Council on the implementation on a 311 municipal phone service and /or other methods of improving customer service for the City of Saint John. • 2009 Council Priority: Implement a Customer Service Model with appropriate resources that will result in responses to public enquiries within 24 hours and follow -up action within two weeks of initial call. • 2009 Council Priority: Continue focus of delivering services based on best value for money practices... consideration of alternate service delivery options. 2012 Customer Service Update and Proposed Improvements SAINT JOHN rA • Feasibility of implementing a centralized customer service model (one number municipal phone service) • Improvements to current model to address citizen concerns on customer service and service delivery 2012 Customer Service Update and Proposed ImproveMients SAINT JOHN RECENT CONTACT WITH CITY STAFF (n =800) No 53% Department or Service Area Contacted (Main Mention) (n =366) Water /Sewerage Maintenance /Operations /Works Dept (Road Repair /Snow Removal) Police Department Building Permits /Inspection Waste /Garbage /Sanitation Parks /Recreation Parking Commission Planning & Development o/ 19% 16% 10% 9% 7% 7% 5% 3% LEVEL OF SATISFACTION WITH STAFF CONTACT (n =366) % Satisfied (Very & Somewhat) 77% Ipsos Reid 2011 2010 Municipal Norm 2012 Customer Service Update and Proposed Improvements 61% 2009 SAINT JOHN rA % Satisfied (Very or Somewhat) With City Staff Performance 2011 Citizen Survey (n =802) The courteousness of staff 87% Staff's professionalism 86% Staff's knowledge 84% Staff's ability to understand your 76% needs Staff's helpfulness 76% The speed and timeliness of 71% service Staff's ability to resolve your issue 65% 2012 Customer Service Update and Proposed Improvd+ents SAINT JOHN Ipsos Reid 2010 Citizen 2009 Citizen Municipal Survey Survey Norm 86% 88% 90% 84% 83% 87% 79% 81% 84% 77% 77% 83% 75% 73% 85% 72% 69% 77% 62% 62% 73% SAINT JOHN ABILITY TO CONTACT THE CITY FOR INQUIRIES OR SERVICE DELIVERY Citizen Survey 2011 (n =802) 50% Very Somewhat Not Very Satisfied Satisfied Satisfied 6% Not At SII Satisfied M Easier to reach, be more available for contact* 10% Listen to people, improve communications ** 10% Prompt response to requests, concerns /return calls ** 7% Improve training of staff eC env ABILITY TO CONTACT THE CITY FOR INQUIRIES OR SERVICE DELIVERY Citizen Survey 2011 (n =802) 50% Very Somewhat Not Very Satisfied Satisfied Satisfied 6% Not At SII Satisfied M Easier to reach, be more available for contact* 10% Listen to people, improve communications ** 10% Prompt response to requests, concerns /return calls ** 7% Improve training of staff 3% Hire more staff 3% Better hours 3% Better website, more online features 2% Answer the phone 2% Be more pleasant, helpful, respectful 2% 2012 Customer Service Update and Proposed Improvements l_r r SAINT JOHN rA 0 Ease of Access • Staff competencies and turn -over • Customer Service Standards • Training aligned with process Accountability (Reporting Tool) • Customer - Focused Culture • Process Documentation • Service Expectations (Delivery) 2012 Customer Service Update and Proposed Improvements SAINT JOHN rA Enhance citizen contact experience and accessibility to information and services. • Providing a consistent and timely response to service requests. • Improving the ability to manage, monitor and measure service requests to identify priorities for improving service. • Empowering all employees to provide quality customer service through training and development. 2012 Customer Service Update and Proposed Improvdffients SAINT JOHN 2012 Customer Service Improvement Plan Customer Service Improvement Program Customer Service Policy Corporate Customer Service Standards Customer Service Training Program Service Delivery Standards Customer Relationship Management (CRM) Software Implementation and Process Documentation rA Telephone and Voice Mail Standards (Examples) • All telephone calls (from both internal and external customers) will be returned within one business day or 24 hours where services operate on a 24 hour day cycle. • Personal voice mail greetings will be uniform, courteous and updated with alternative contact information during absences. • Voice mail boxes are cleared daily. Email (Examples) • All emails will be acknowledged within 48 hours. • Vacation or absence messages will be activated providing a co- worker's name and contact information as backup while out of the office Hours of Operation 2012 Customer Service Update and Proposed Improv4hents SAINT JOHN rA Roadway Maintenance Satisfaction... 22% • Condition of surface... PCI (infrastructure deficit) • Pothole repair... (response to citizen requests) • Winter maintenance... Snow clearing operations based on street priority Roadway Maintenance CRM Service Improvement Pothole Patching Service Level Standards Priority 1 Streets — 4 days Priority 2 Streets — 7 days Priority 3 Streets — 14 days Priority 4 Streets — 30 days Tracking tool to better Report service delivery communicate what citizen results to the public (value of can expect with respect to public investment) service delivery Measurement tool to determine if service levels are being met 2012 Customer Service Update and Proposed Improvements Evaluate service results against satisfaction results to identify service delivery improvements SAINT JOHN rA Potential long -term improvement — single point -of- contact • Implementation and operating costs • Hours of operation • Re- alignment • Space audit at City Hall Recommended improvements — existing model • Corporate wide introduction of customer service policy and standards • Scalable implementation of CRM (Transportation & Environment / Saint John Water) • Telephony system improvements for easier access • Continued website enhancements • Customer service training 2012 Customer Service Update and Proposed Improvements SAINT JOHN rA Budget Implications - funding allocated in 2012 Capital Budget • $20,000 Training from Sungard on software Capital Budg • $20,000 Hardware requirements 1 Human Resources - Project team of City staff no additional cost • Development of customer service policy and standards • Process development for use of CRM to manage requests for service • Training of staff on standards and use of CRM 2012 Customer Service Update and Proposed ImprovA cents SAINT JOHN rA It is recommended that Common Council: • approve a phased approach to customer service improvements that includes implementation of customer service standards and a software solution that supports a coordinated, corporate approach to managing requests for service in 2012; and • authorize enrollment into an Early Adopter Software Agreement (attached) with Sungard Public Sector Inc. for Customer Relationship Management (CRM) software. 2012 Customer Service Update and Proposed Improvements SAINT JOHN rA Back to Council... • Approve Customer Service Policy and Standards • Testing of CRM software (as per agreement) • Report on results of CRM implementation pilot • Recommendations on further (potential) customer service improvements Future Considerations (cost /resources)... • Web -based tracking of service requests • Centralized model (one number municipal telephone service) 2012 Customer Service Update and Proposed Improvements SAINT JOHN July 3, 2012 His Worship Mayor Mel Norton, Deputy Mayor Rinehart And Councillors, Subject: Committee System Form of Government Over the past several years Council has received presentations from staff on the Committee system form of government as well as a presentation from Council members and staff of the City of Fredericton where a standing committee system is in effect. At the April 28th 2008 Council meeting 1st and 2nd readings were given to a by -law respecting a committee system, and a resolution was passed by Council at the November 17, 2008 meeting not to proceed with third reading. On May 25, 2009 Council directed the Common Clerk to schedule another presentation on the Committee system, and on August 29, 2011 Council directed the City Manager, the City Solicitor and Common Clerk to prepare a draft by -law regarding this form of government. In the fall of 2011 there were several attempts to schedule the presentation as directed by Council, however the issue was tabled, and a presentation took place on November 28, 2011. A copy of the power point slides are attached as well as a copy of the minutes related to the presentation. In response to the direction from Council to request representatives from the City of Fredericton to present to Council, I sent a letter making that request on November 29, 2011. 1 have had follow up conversations with Fredericton's City Clerk, however the presentation was not scheduled as other items took precedence. The by -law respecting the standing committee system form of government has been drafted and will require further refinement. It is my intention to contact the City of Fredericton again to determine if they are amenable to presenting to Council and if so, schedule a time. In the meantime I would like to determine if Council would like me to present again on the committee system given that most of the Council members would not have heard it previously. lr - SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41_1 I wwwsaintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 45 Recommendation That direction be given regarding Council's wish on how to proceed on the issue of a standing committee form of government. Respectfully submitted, Elizabeth Gormley Common Clerk Attachments 2 COMMITTEE SYSTEM Proposed New Governance Model for The City of Saint John 47 Principles of Good Governance Legitimacy & Voice Direction Performance Accountability Fairness 4MM2 1 E, F-11 Democratic/ Accessible & Representative Strategic Vision Reponsive/ Efficient Effective & Accountable / Transparent Equity /Rule of Law Desired Outcomes Common Purpose Clear Direction Clear Accountability Improved Decisions Citizen Participation Better Service Effective /Efficient Potential Benefits and Pitfalls Potential Benefits Specialize ► Interests ► Citizen Input ► Public Opinion ► Speed Up Work Informal Atmosphere ► Participation of Staff ► Better Decisions ► Accountability ► Responsive / Transparent Potential Pitfalls Ignore Vision Duplication Effort Fragmented Outlook Buck Passing Neglect Community Interference in Operations Conflict .jurisdiction Time lines design Principles Embrace the principles of good governance Realize desired governance outcomes Focus Council on policy and setting strategic direction Achieve the Community's vision Realize the benefits, avoid the pitfalls 51 Model Features Anchored in achieving Community's Vision Focused - policy and strategic direction More active /involved roles for Councillors Enhanced public participation More effective decision - making process Improved effectiveness and efficiency in operations Improved accountability and transparency 52 Policy Focused System • Policy... a governing principle, plan or course of action that guides or influences future decisions • Council makes public policy decisions; others implement Policy Adopt budget / set tax rate Adopt visions /goals for community, set strategic direction Adopt policy allowing or prohibiting off - street parking Administration Propose budget, analyze alternatives, spend<limits Deliver services in support of Council's strategic direction Enforce terms of parking policy Political Organization Committee of Whole Comillon Clerk I_ ity "'olk -Aloe Growth.-- Development Committee Common Council Transportation / Environment Committee Urban Environment Committee 54 City Manager Treasurer 1 Saint John Water Committee oordinating Committee Committee Composition Only members of Council appointed to SPCs Mayor is ex- officio member (no vote; no quorum) City Mgr has right to attend all SPC meetings Committee of Whole: All Members of Council Coordinating Committee: Mayor (Chair), Chairs of SPCs Standing Policy Committee: 5 Members of Council 55 Appointments Chairs appointed by Mayor Committee Members appointed by Council Vice Chair elected by Standing Committee Membership A member of Council can only chair one committee at any given time A member of Council cannot chair same Committee in consecutive rotations 56 Committee Rotations Chairs are rotated every two (2) years Membership is rotated every two (2) years Two (2) Members remain on the Committee with three (3) new Members added Rotation occurs midway through Mandate (June) Appointments according to established process 57 Standing Committee Mandates Standing committees make recommendations on policy within a specified mandate Broad mandates define the purpose and authority of each committee Nf:3 Public Presentations Public presentations are made at Committee meetings The public does not make presentations to Council unless: Required by legislation (i.e.: public hearing) Recommended by a Committee and approved by Council Requests to make public presentations require a written submission to the Clerk 68011 Termination Non-performance Personal Agenda Not calling Meetings Not representing views of Committee Not Attending Procedures Rare Occurrence 1*111 Work Flow Members of Council Citizens Administration 1 i Committees 6­4 Council ABCs Other Stakeholders Fundamental Change: Access to the Strategic Decision - Making Process is through Committees \`A 61 Work Flow Members of Council Citizens City Manager Common Clerk Common Clerk Council Treasurer City Solicitor ABCs Other Stakeholders Committees (COW & Standing Commiees) Standing Committees Committees Administrative Inquiries Administrative Inquiry: written request from Committee Member for information /report related to policy Requests made through Committee to City Manager, City Treasurer, City Solicitor and /or Common Clerk CM, CS, CC,CT answers verbally, in writing or commits to written response Only SC makes inquiries of CM, CT,CS and/or CC No authority to make inquiries of CM,CS,CT,CC or employees by Chairs or Committee members 63 Ad Hoc & Sub-Committees Ad hoc ❖Created by Council to review and develop recommendations for special purposes 4: *Report to Council Sub - Committees Created by Standing Committees to review and help develop policy on matters that fall within the mandate Report to Standing Committees Principles of Good Governance Legitimacy & Voice Direction Performance Accountability Fairness 4MM2 1 IM Democratic/ Accessible & Representative Strategic Vision Reponsive/ Efficient Effective & Accountable / Transparent Equity /Rule of Law Agencies, Boards & Commissions ABCs deliver services on behalf of City ABCs contribute to policy development with recommendations and information City ABCs directly accountable to Council ABCs will report through one or more of the Standing Policy Committees (depending on SPC mandate) ABC mandate, authority, membership, service outputs defined in Terms of Reference Potential to eliminate some 1.101 Agencies, Boards & Commissions Required reporting to Council through one or more SPCs on: *:Activities and performance ❖How activities contribute to Council's policy, strategic direction and priorities Budget allocations dependent - reporting, performance, outcomes and alignment with strategic direction Requires individual review to determine real need Councillors should be Governors not ABC members M* Current System: Meeting Type Approximate Time Commitment Total Time Commitment Committee of the Whole 2 hrs /meeting X 2 meetings /month 4 hours per month Council Meeting 4 hrs /meeting X 2 meetings /month 8 hours per month Committee of the Whole (reduced meeting time) 12 hours per month Does not factor in weekly meetings during budget time. Proposed System: Each committee meets once per month. Each councilor serves on 2 committees. Committees Approximate Time Commitment Total Time Commitment Each Committee 1.5 hrs /meeting X 2 meetings /month 3 hours per month Coordinating Committee (4 Chairs of SPC's) 1.5 hrs /meeting X 1 meeting /month 1.5 hours per month Committee of the Whole (reduced meeting time) 1 hr /meeting X 2 meetings /month 2 hours per month Council Meeting (reduced meeting time) 1.5 hrs /meeting X 2 meetings /month 3 hours per month 9.5 hours per month .: Sample Meeting Schedule: June 2012 Sunday Monday Tuesday Wednesday Thursday Friday Saturday May 27 28 29 30 31 Jun 1 2 3 4 5 6 7 8 9 COW Closed G &D Meeting Council Meeting Titus / Farren / Higgins / Snook / McGuire 10 11 12 13 14 15 16 Coordinating UE Meeting Committee McGuire / Mott / (Chairs of SPC's) Snook / Sullivan / Norton 17 18 19 20 21 22 23 COW Closed T &E Meeting Council Meeting Norton / Higgins / Titus / Chase / Court 24 25 26 27 28 29 30 SJW Meeting Chase / Sullivan / Court / Mott / Farren SPC — Standing Policy Committee G &D — Growth & Development UE — Urban Environment T &E —Transportation & Environment G. SJW — Saint John Water 96 -522 COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 28, 2011/LE 28 NOVEMBRE 2011 On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that Item 8.3 Saint John Community Arts Board "State of the Arts" Report to Saint John Common Council, be referred to the 2012 budget deliberations. Question being taken, the motion was carried. 8.3 Conseil d'administration des arts de la communaute de Saint John Presentation du rapport sur « I'etat des arts » au conseil communal 8.3a) Presentation du Conseil d'administration des arts de la communaute de Saint John effectuee le 28 novembre 2011 David Adams, president du Conseil d'administration des arts de la communaute de Saint John, passe en revue le rapport sur les activites pour 2010 et 2011 et la demande de financement adressee par ce dernier pour 2012. M. Adams insiste sur le role primordial que jouent les activites culturelles dans le bien -etre general de la collectivite et it repond aux questions des membres du conseil. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le point 8.3, Conseil d'administration des arts de la communaute de Saint John : Presentation du rapport sur « 1'etat des arts », soit renvoye aux deliberations budgetaires de 2012. A I'issue du vote, la proposition est adoptee. 9. Public Hearings 7:00 P.M. 9. Audiences publiques a 19 h 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 12.1 Common Clerk: Committee System form of Governance (Tabled on September 19, 2011) Ms. Gormley, referring to the submitted presentation, outlined the proposed committee system form of governance. She noted that the presentation is supported by research based on the Chartwell report and prior staff reports on the subject. Ms. Gormley suggested that the committee system form of governance provides more opportunity for citizen input /participation and it allows Council to focus more on policy issues, noting that it also aligns with the recently approved organizational service based re- alignment process. Responding to a question, Mr. Woods commented that the Chartwell report described a committee system form of governance in which the committees were comprised of both elected official and citizens, noting that such a model is not consistent with what he would consider to be good governance. He explained that under the system proposed in the Chartwell report, non - elected members of the public could hold the deciding vote in policy making decisions, adding that councillors are elected by the community and should be ultimately accountable for decisions. Mr. Woods stated that a change to a committee system form of governance is a fundamental change in the governance system of the community. He explained that a recommendation from a standing committee is not binding on the council, noting that council would continue to receive the benefit of professional advice throughout the process. 70 96 -523 COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 28, 201VLE 28 NOVEMBRE 2011 Responding to a question, Ms. Gormley noted that the standing committee meetings would be open to the public unless there is a reason, as identified in the Municipalities Act, to discuss an item in closed session. Mr. Nugent, responding to comments from members of council regarding the transfer of responsibility to a committee and a diminished role of the city manager, explained that the committee system form of governance is designed to avoid those possibilities. He stated that one of the fundamental principles of the committee system is that it could not affect or erode the role of the City Manager. He added that the City of Saint John has a City Manager form of government, noting that any changes to that would require a review of the City Government Act. Mr. Nugent advised that all recommendations from the standing committee to council will be required to include a recommendation from the senior city staff member who provided the information or recommendation to the committee. He noted that it is the responsibility of the members of the standing committee to assess the recommendations provided to them from City staff. Mr. Woods, responding to concerns of transparency and citizen engagement, noted that citizens will not be bound by the rigidity or legal formality as seen in the current format, adding that it would be within the role of the standing committee to have as much community engagement as desired. On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that Common Council move forward with the recommendation to proceed with the Committee System form of Governance. The question was not taken as a referral took precedence over the main motion. On motion of Councillor Norton Seconded by Councillor Farren RESOLVED that the Common Clerk be directed to send a request to representatives from the City of Fredericton to provide a short briefing on the Committee System form of Governance. Question being taken, the motion was carried with Councillors Higgins, McGuire, Sullivan and Titus voting nay. 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Greffiere communale : Mode de gestion du systeme des comites (point reporte a la reunion du 19 septembre 2011) Faisant reference a une presentation anterieure, Mme Gormley met ('accent sur le mode de gestion du systeme des comites propose. Elle fait remarquer que la presentation s'appuie sur un travail de recherche reposant sur le rapport Chartwell et sur les precedents rapports du personnel dans ce domaine. Mme Gormley suggere que le mode de gestion du systeme des comites offre aux citoyens davantage d'occasions de donner leur avis et de participer et qu'il permette au conseil de mettre ('accent sur les questions d'ordre politique. Elle ajoute que cette demarche s'inscrit dans le cadre du processus de restructuration base sur les services qui a ete approuve. En reponse a une question posee, M. Woods precise que le rapport Chartwell fait etat d'un mode de gestion du systeme des comites dans lequel les comites sont composes de representants elus et de citoyens. En outre, it fait remarquer qu'un tel mode de gestion ne reunit pas les criteres d'une bonne gouvernance. II explique qu'en vertu du systeme propose dans le rapport Chartwell, les membres du public non elus ont une voix preponderante dans le processus decisionnel politique. En outre, it ajoute que les conseillers sont elus par la collectivite et que ce type de decision devrait leur revenir. M. Woods declare que toute modification apportee au mode de gestion du systeme des comites entraine un changement fondamental du systeme de gouvernance de la collectivite. II explique qu'une recommandation emise par le comite permanent n'a pas force executoire aupres du conseil et it fait remarquer que le conseil continuerait a beneficier des conseils de professionnels tout au long du processus. 71 REPORT TO COMMON COUNCIL M &C2012 -178 June 28, 2012 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Safe, Clean Drinking Water Program — Progress Update BACKGROUND The City of Saint John Common Council has made the provision of Safe, Clean Drinking Water its foremost priority for the citizens of Saint John. The approved 2012 Water & Sewerage Utility Fund Capital Program — Safe, Clean Drinking Water category includes the amount of $4,564,135 for work to advance the program. The November 3rd, 2011 report to Common Council entitled, "Safe, Clean Drinking Water — Progress Report 93 " 'indicated the Safe Clean Drinking Water (SCDW) Program has been designed to address water quality and service reliability needs for the long term. The project has three essential objectives: 1. Drinking water of the highest quality for our community — to meet Health Canada Guidelines 2. A least cost solution over the long term for users of the water service 3. A sustainable solution meeting today's needs without compromising future generations. To meet the 2Guidelines for Canadian Drinking Water Quality (GCDWQ), the drinking water service has to address: 1. Microbiological safety — protection against viruses and protozoa, like Giardia and Cryptosporidium; 2. Disinfection by-product reduction — reduce naturally occurring organic matter found in our particular raw water supply, precursors to the formation of trihalomethanes (THMs) and haloacetic acids (HAAS); and "Safe, Clean Drinking Water — Progress Report #3 Report to Common Council, M &C 2011 - 282 2 Heath Canada Guidelines for Canadian Drinking Water Quality 72 M &C2012 -178 June 28, 2012 Page 2 3. Water stability — control pH and alkalinity levels which contribute to increased levels of lead and copper concentrations in drinking water, along with pipe corrosion. The current SCDW program includes a new 100 MLD conventional water filtration treatment facility on City owned land south of the Little River Reservoir; infrastructure improvements to watershed, transmission, storage, pumping, and other assets including the separation of industrial supply; and five water use efficiency projects. The SCDW program has been categorized into the following groups: 1. Water Treatment Facilities 2. Core Drinking Water Infrastructure 3. East Industrial System 4. Distribution System Water Quality 5. Conservation and Community Engagement 6. Fire Fighting and Operational Storage Capacity 7. Delivery Risks and Service Reliability 8. Universal (Residential) Metering 9. Development and System Extension The purpose of this report is to update Council on the progress and to seek Council's approval to investigate a potential groundwater option. ANALYSIS Correspondence to PPP Canada The City Manager has sent a letter to PPP Canada, requesting PPP Canada consider The City of Saint John Safe, Clean Drinking Water Program application for Round 4 of the PPP Canada funding. The scope of our program can be modified if better /cost effective solutions are identified. PPP Canada would likely be willing to entertain up to 25% of the funding. Affordability Analysis The City's Finance department recently completed a draft affordability analysis to estimate the effect on the rates. Saint John Water and Municipal Engineering, in conjunction with advice from design consultants, provided the Finance department with capital and operating estimates for each of the above groupings. The total program cost is estimated at approximately $273 million, with the highest priority items (groups 1 -3) having a 4 year implementation plan representing approximately $169 million of the project. An investment of this magnitude will cause considerable upward pressure on the Utility budget and associated Utility rates. 73 M &C2012 -178 June 28, 2012 Page 3 The objective is to provide a high level affordability analysis that achieves the following outcomes: 1. Provide a 30 year outlook for the Utility including rate projection assuming the SCDW program is funded 100% by the City of Saint John; 2. Provide a 30 year outlook for the Utility including rate projection assuming the City secures 50% funding from other government sources for high priority groups 1, 2 and 3 of the SCDW program; 3. Provide an outlook of future long term debt to fund all proposed Utility capital projects, including the SCDW program. Simply put, the proposed program is extremely expensive. With or without significant contributions from other levels of government, there will be significant upward pressure from the City of Saint John water rates. The significance of water rate increases can only be determined once the following have been determined: • overall project costs • levels of funding established • elements of the program for which funding is eligible • time lines established for construction and commissioning P3 Business Case and Value for Money Study The City has invited bids for the P3 Business Case and Value for Money Study from Management Consulting firms who are pre - qualified by PPP Canada, for the provision of financial and business advisory services in connection with the planning, procurement and development of the Safe, Clean, Drinking Water Project that is required in the investigation of the P3 option. Five proposals were received and the committee shortlisted three of the proponents. They have been notified that a decision is pending while other options are being examined. Staff is of the opinion that it is not prudent to proceed with the Business Case work at this time in light of the high cost of the program, and that there is another alternative that may result in lower capital and operating costs. Groundwater Source The program, as currently structured, includes a proposed 100 MLD (million liters per day) conventional water filtration treatment facility on City owned land south of the Little River Reservoir. This would treat our current water source, surface water, from the Loch Lomond Lakes system. The cost to build the plant is the single most expensive item in the program and ongoing maintenance would be a new perpetual cost. 74 M &C2012 -178 June 28, 2012 Page 4 Many households in Greater Saint John rely on wells to supply drinking water. Water drawn from the ground is generally of good quality, although some wells have issues with iron, manganese, arsenic and uranium. Saint John Water is considering groundwater options to augment and eventually replace its potable supply. If there are well field sites east and west that can produce a sufficient quantity with a good quality, there is a possibility that we could deliver high quality water at a lower cost. It is very likely that the groundwater would still need some level of treatment, but it is probable that it would be less costly than treating the surface water, and ultimately, the life cycle costs should be reduced. The long term goal would be to deliver 100% treated groundwater to potable customers while still providing surface water to heavy industrial customers on both the east and west sides of the City. In the short term, it is proposed to improve water quality by adding groundwater to the existing supply, gradually increasing the percentage of well water being consumed. Blending of the two sources will go through extensive laboratory testing beforehand in order to predict and address any potential distribution issues. Implementation of the program with a groundwater source could be incremental and provide flexibility. For example; a few new wells and storage tanks could be added each year as funds are available. Groundwater exploration is an unpredictable exercise, and at this point it is unknown if there is an underground source of sufficient quantity to meet the needs of the users. If one or more are found, the water would be sampled and the quality examined to determine the level of treatment required. At that point a detailed cost estimate could be done to see if the groundwater option has more value than the current program. All nine groups of projects mentioned above will need to be addressed eventually; however, the groundwater alternative may be more affordable in the long term. The idea of using groundwater sources was brought up during Workshop One of the Value Engineering Study in early 2009. It received some support but ultimately did not make the shortlist likely because of several factors. At the time, the two other levels of government had indicated that they might be interested in three -way funding for the program. A dramatic shift in course would have the effect of delaying the delivery of the program; possibly jeopardizing momentum and interest. Further, the participants of the VE workshop did not have any particular expertise in groundwater and were therefore reluctant to explore this avenue. In order to determine the feasibility of the groundwater concept, the City must first seek advice from hydrogeologists experienced in groundwater exploration for municipal clients. An understanding of the complex geology of the Saint John area is critical in locating conditions that would produce sufficient quantities. 75 M &C2012 -178 June 28, 2012 Page 5 Steps in evaluating feasibility of the groundwater supply project: 1. Groundwater Potential Analysis and Mapping Report, by TerrAtlantic Engineering Limited. This can be completed in 7 weeks after authorization to proceed. $20,000 + tax 2. Laboratory testing of blended water (using existing wells). Two runs estimated at $12,000 - $18,000. 3. Collect additional geotechnical information. Scope and cost undetermined at this time. 4. Detailed Groundwater Supply Exploration Project, that would include environmental permits, field investigations, geophysical program, test drilling program, EA studies and a Water Supply Source Assessment document. 5. Review scope of infrastructure required to support groundwater option and produce a cost estimate for all nine groups of projects. 6. Start Wellfield Protection Plan process. Work on these steps would only proceed if each step continued to exhibit strong potential of success. Staff would report back to Council after the completion of the report noted in Step 1. FINANCIAL IMPLICATIONS The City has not yet secured funding commitments from the Federal and Provincial governments, for the SCDW program. The approved 2012 Water & Sewerage Utility Fund Capital Program — Safe, Clean Drinking Water category includes the amount of $4,564,135 to be used for related items as such as the Business Case Study and other program costs. Staff proposes using a portion of this fund to pay for the first steps in the groundwater feasibility effort and that Council approve a working fund of $80,000 to commence the studies. Staff requested a proposal and received one from TerrAtlantic Engineering Limited to conduct the Groundwater Potential Analysis and Mapping Report, for $20,000 + tax. This is the first step that should be taken to explore this potential. The recommendations from this report should indicate if there is any potential in this idea. 76 M &C2012 -178 June 28, 2012 Page 6 RECOMMENDATIONS 1. It is recommended that TerrAtlantic Engineering Limited be engaged to conduct the Groundwater Potential Analysis and Mapping Report, at their submitted quote of $20,000 + tax; and 2. It is recommended that Council approve the use of $80,000 from the $4,564,135 allocated to the approved 2012 Water & Sewerage Utility Fund Capital Program — Safe, Clean Drinking Water category. Respectfully submitted, Dean Price, P. Eng. Municipal Engineer P3 Lead J. Patrick Woods, CGA City Manager Wm. Edwards Commissioner Transportation and Environment 77 REPORT TO COMMON COUNCIL M &C 2012 -153 June 13, 2012 His Worship Mel Norton And Members of Common Council Your Worship and Councillors: SUBJECT: Mispec Park Update BACKGROUND Disaster Financial Assistance Program The City of Saint john Between 2006 and 2011, the City of Saint John has spent an average of approximately $10,000 per year to complete necessary repairs to infrastructure at Mispec Park, including the canteen /washroom building, wooden stairs, observation decks, etc. The bulk of these expenditures have been to repair damage to wooden stairs that provided access to the beach from the parking area that has resulted from annual winter /spring storm surges, tidal action, etc. In the winter /spring of 2010/11, damage resulting from a storm rendered the wooden stairs beyond repair. The storm also displaced large gabion baskets and granite blocks along the shoreline making them unstable and unsafe. In 2011, the Mispec Park Recreation Committee Inc. (on behalf of the City) submitted an application for funding to the New Brunswick Department of Public Safety (NBDPS) under the Disaster Financial Assistance Program (DFAP) to rectify damage resulting from this storm surge. The DFAP provides financial assistance to property owners to remediate damage resulting from a storm surge such that damaged infrastructure is reinstated to its condition immediately prior to the storm surge from which the damage was caused. Upgrades to existing infrastructure from its previous state, are not eligible for funding under this program. In the latter part of 2011 and into 2012, representatives of the City of Saint John had various conversations and meetings with representatives from the NBDPS as well as Dillon Consulting, who works as a consultant to NBDPS on projects approved under the DFAP. In these meetings some direction and limitations were placed on what work the City would be eligible for under the DFAP. Representatives from the City wanted to ensure that all costs would be covered under the DFAP, resulting in no cost to the City upon reimbursement under the program. The agreed upon scope of work included removal and disposal of the existing (old) wooden stairs, and the construction of a new walkway to the beach, which would not be subject to the on -going extent of maintenance that the wooden stairs have created. In addition, it was agreed that the existing gabion baskets and granite block along the shoreline be removed for safety reasons, but not replaced. It was recommended that the City seek a consultant to complete the design (i.e. tender) for the work as well as a limited geotechnical and environmental investigation. These costs are eligible for reimbursement under the DFAP. In spring of 2012, the geotechnical and environmental reviews were completed by Fundy Engineering and Consulting Ltd. The results revealed that various environmental permitting requirements would be necessary to complete any work at the site. As such, a multi - disciplinary consulting firm (exp Inc.) was retained by the City to complete the design work (i.e. tender) and permitting applications. Upon meeting with the environmental regulators, it was determined that a Watercourse and Wetland Alteration (WAWA) permit application was required by the NB Department of Environment (NBDOE) since the proposed walkway to the beach falls within a Provincially Significant Wetland (PSW). In addition, a Report to Common Council Mispec Park Update Page 2 of 5 Harmful Alteration, Destruction, or Disruption (HADD) review was required by the Department of Fisheries and Oceans (DFO) (Federal) since work along the shoreline is within the high tide range. In addition to this, DFO required that existing creosote treated timber cribbing that supports the existing gabion baskets and granite block be removed and properly disposed as part of the work. While design work and permitting was in progress, in June 2012, the City again corresponded with NBDPS and Dillon Consulting to confirm that the additional work and associated costs with the environmental permitting and removal of the creosote treated timber cribbing would qualify for reimbursement under the DFAP. The response from DPS was that the additional work would, in fact, qualify for reimbursement under the DFAP. If Common Council decides to continue to move forward with this project, the next steps are described as follows: ■ WAWA permit application was submitted at the beginning of June, and will take 6 -8 weeks for approval; ■ Tender documents for the walkway to the beach are completed and will be tendered once the WAWA permit is approved by NBDOE. Public tender will be a 3 -4 week process; ■ HADD review documentation will be submitted to DFO the second week of June, and will take 3 -4 weeks for approval; ■ Tender documents for removal of the gabion baskets, granite block, and creosote treated timber cribbing are currently in progress and will be ready for tender once the HADD review is completed by DFO. Public tender will be a 3 -4 week process; ■ It is anticipated that construction will take 3 -4 weeks, depending on unknown requirements imposed during the permitting process by the environmental regulators; and ■ Upon completion of the work the City would submit consulting /construction costs and supporting documentation to DPS via Dillon Consulting for reimbursement under the DFAP. In summary, if the project moves forward, it is anticipated that the walkway to the beach and the removal of the gabion baskets, granite block, and creosote treated timber cribbing will be completed by October 2012. During construction, access to the beach will be limited to protect the safety of the public. Until construction of the walkway is completed, patrons of Mispec Park will be directed to an existing natural pathway to the beach created by foot traffic and asked to stay off the rocks and slope between the parking area and the beach itself. Stairs Installed by Repsol Canada Ltd. In 2011, Repsol Canada Ltd. (Repsol) installed a new set of stairs to access the beach at no cost to the City. It was anticipated that the area where the stairs were installed would be subject to less potential for damage than the former location of the stairs. However, over the past winter /spring the stairs have incurred significant damage. As part of the agreement by and between the City and Repsol, the City was to assume all responsibilities for future maintenance of the stairs upon completion of the installation by Repsol. In May of 2012, representatives of the City and Repsol met on -site and it was agreed that Repsol would retain a contractor to repair damage that had occurred over the winter /spring. This work will be completed at no cost to the City. Upon completion of the repairs by Repsol, the City will be responsible for the future maintenance of the stairs and associated costs. 79 Report to Common Council Mispec Park Update Mispec Park Recreation Committee Inc. Page 3 of 5 Historically, the Mispec Park Recreation Committee Inc. has received grants from the City of Saint John to operate Mispec Park, with 2010 being the last year in which a grant was approved by Common Council. Since that time, no money or resources have been budgeted or allocated to operate the park in the form of a grant or otherwise. Existing Physical Infrastructure Mispec Park includes a significant number of physical assets, which require regular inspection and maintenance. These assets include a playground, basketball court, baseball field, walkways, bridges, stairs, a canteen building (including septic field), sheds, a paved parking area, amongst other assets. The majority of these assets were constructed in the early- to mid- 1980s, have exceeded their expected useful life (EUL), and are in poor condition. The current replacement value of these assets is approximately $700,000, which can be referred to as the accumulated deferred maintenance and /or capital deficit. Of these assets that have surpassed their EUL, various assets require immediate capital investment in order to continue their safe operation, including the canteen building; sheds; walkways, bridges, and stairs through the trails; and the parking area. ANALYSIS Common Council will need to make three decisions with respect to Mispec Park: 1. Whether or not to re -open the park for the 2012 season 2. Whether or not to commit to the operation of Mispec Park for the foreseeable future 3. Whether or not to pursue funding through the DFA to repair the storm damage As to whether or not the park will be open for the 2012 season, no provision was provided in the 2012 operations budget to perform the regular inspection and maintenance that would be necessary to provide the bare minimum service that would required. The money historically provided as a grant to the Mispec Beach Association was explicitly removed from the budget. Mispec Park is a property owned by the City of Saint John, thus, it carries an associated liability regardless of whether or not it is officially "opened" on an annual basis or not It has been reported that over the past couple of years, patrons continue to visit the park, even when the gate is closed. Aside from the fact that someone could be injured any time (which is an inherent risk regardless of the state of the park), it has been reported that vehicles have parked along the roadway, limiting the space through which emergency vehicles can pass if needed to respond to a residence past the park. This creates an issue of public safety and an indirect risk to the City. The second decision for Common Council will be for the future of Mispec Park beyond 2012. In making this decision, various considerations should be factored in, including: 1) The continued erosion of the shoreline; 2) Current annual deferred maintenance and /or capital deficit; and 3) How the park fits in to the City's long term strategic plan for recreational infrastructure. It is evident that nature is taking its course at Mispec Park, just as it is along much of the shoreline of the Bay of Fundy which runs parallel with Red Head Road. In addition to tidal action, Mispec Park is located at the tail end of a drainage basin, which only exacerbates the erosion in this area. Without adequate protection from erosion, it is anticipated that erosion will continue to occur along the shoreline and eventually into the parking area and towards the road. The timeline for this cannot be estimated, however, evidence of this (i.e. longitudinal cracking) can currently be seen in the :1 Report to Common Council Mispec Park Update Page 4 of 5 parking area pavement closest to the shoreline. To install adequate protection against erosion would be in the $1.5 million dollar range as an order of magnitude estimate. The second consideration above was explained previously. The current accumulated deferred maintenance and /or capital deficit for Mispec Park is $700,000. Due to the continued erosion of the site and the current condition of the assets, it is not recommended that capital dollars be invested to replace the existing canteen building, shed, or asphalt parking area. Furthermore, it is recommended that the canteen building and shed be demolished and removed from the site as soon as possible. The asphalt paved parking area should be removed in the next several years and a gravel surface installed to accommodate parking. Walkways, bridges, and stairs through the trails will require capital investment within the next two years. At this time, it is estimated that approximately $120,000- 150,000 of capital investment will be required over the next several years for the above -noted items, although further review will be required to confirm this amount. Again, this is a bare minimum investment to address issues of public safety. Similar to operational costs, capital costs would also be realized on a cyclical basis as long as the park remains operational. Play SJ is a strategic plan for parks and recreation that will help the City develop priorities around investment in these types of facilities. Play SJ will provide additional insight into the overall current state of the City of Saint John parks and recreational infrastructure and where Mispec Park fits in as a future City asset. Play SJ is currently in progress and is tentatively due for completion in the Fall of 2012 at which time it will be presented to Common Council. This strategic plan may be a key decision making tool, and before Common Council decides on what direction to pursue for the future of Mispec Park, it may be prudent to await the results of Play SJ. If it is decided to invest back into Mispec Park in the future, consideration should be given to soliciting funding contributions from interested organizations to support the associated costs. A third decision that needs to be made by Common Council is whether or not staff continue to pursue funding under the DFAP or to defer pursuit of this funding until such a time that a decision is made on the long term future of Mispec Park. The application under the DFAP is valid for five (5) years from the date of application, thus there is no risk of losing the opportunity for this funding if the project is temporarily put on hold. That being said, there are several implications of deferring the pursuit of this funding: • Large gabion baskets and granite blocks along the shoreline will remain unstable and unsafe until they are removed; • Access to the beach will continue to be via a natural pathway created by foot traffic until a new walkway is installed; and • The City of Saint John has expended approximately $10,000 in consulting fees for investigation, design, and environmental permitting, which may not be reimbursable under the DFAP if it is decided that construction will not be completed. Signage is currently in place at Mispec Park that direct patrons to keep away from the rocks (large blocks) along the shoreline and to direct patrons to the beach via the natural pathway. This does not eliminate the City's risk, however, it may deter people away from the dangerous areas. FINANCIAL CONSIDERATIONS To open Mispec Park for the 2012 season, the following operational costs would have to be added to the existing budget and /or services in another area reduced accordingly. It is important to note that so far in May and June the service level objectives of the Parks & City Landscape and the Sports & Recreation Facilities Service are only being met somewhere between 70% and 75% of the time due to resource limitations. The addition of more responsibilities will only cause this Report to Common Council Mispec Park Update to slip further unless additional resources can be identified to address safety issues only. Page 5 of 5 These costs are what would be required as a bare minimum Item Operating Cost Grounds, playground, and field maintenance $20,000 Wooden structure maintenance $7,000 Portable washroom facilities $1,000 Total Annual Operating Cost $28,000 These bare minimum costs would be realized on an annual basis as long as the park remains operational. These estimates are based on the use of City forces to undertake this maintenance. Should Council elect to reinstate maintenance to this facility, staff would explore alternative ways of delivering this service more efficiently (i.e. contracting out, partnerships etc...). Although order of magnitude costs have been provided above for capital costs that would be realized if it is decided to invest back into Mispec Park in the future, these costs would have to be reviewed once direction from Common Council is provided. INPUT FROM OTHER SOURCES Representatives of both the Facility Management Division and Parks and Public Spaces service were involved in the preparation of this report. RECOMMENDATION Your City Manager recommends: a) Common Council confirm the direction set out in the 2012 Operating Budget that Mispec Beach remain closed for this season, b) Common Council defer the pursuit of funding under the Disaster Financial Assistance Program until PlaySJ is adopted and a decision made on the future of Mispec Park Respectfully submitted, i Hugenholtz, P. g. Acting Deputy Commissioner, Transportation and Public Spaces J. atrick Woods, CGA Ci y Manager SAINT JOHN SAINT JOHN TRANSIT COMMISSION 55 MCDONALD STREET/ 55 RUE MCDONALD SAINT JOHN, N.B. CANADA / SAINT JOHN, (N. -B.) CANADA E2J OC7 Your worship Mel K. Norton And members of Common Council City of Saint John PO Box 1971 Saint John, N.B. E21- 41-1 Dear Mayor Norton and Councillors: TRANSIT INFORMATION (506) 658 -4700 www.thinktransit. com GENERAL OFFICES (506) 658 -4710 FAX (506) 658 -4704 At the Saint John Transit Commission meeting of June 20, 2012, the Commission reviewed the following resolution of Common Council. "Resolved that Item 3.7 Saint John Transit Commission: Letter Regarding the Use of Heavy Duty Buses be referred to the Transit Commission for a response regarding the use of Handi -Buses in some neighborhoods after hours" The Commission was unsure of whether Council was suggesting using the Handi -Buses A) during evening hours in areas where service does not continue into the evening or B) using Handi -Buses instead of regular heavy duty buses in areas currently receiving evening service. If the concern is the areas not receiving service, the Commission currently has no shortage of buses available during evening hours as we are currently only allotting 10 buses to evening service. The Commission does lack funding to provide drivers for additional buses to be in service during evening hours. If Council is inquiring as to the viability of replacing large heavy duty vehicles with Handi- Buses during evening service they should be made aware of the following considerations. The current Handi -Bus fleet consists of five operational light duty vehicles, four of which are usually used on a daily basis and the oldest bus serving as a backup. We have found that the useful life of these light duty vehicles to be about 5,000 hours of service over a five year period. As with our regular buses, the Handi -Buses are used in a manner to ensure the most mileage is on the newer vehicles with the level of operational hours dropping over the later years. Typically, a Handi -Bus will see 1700 hours of service over each of the first two years and about half that amount in year three and four, before being relegated to a final year as a back -up unit. It should be noted that the maintenance costs of these light duty vehicles increases dramatically after around 2500 hours of service. Replacing our heavy duty vehicles with Handi -buses in evening service would increase the service hours by about 1000 hours a year on these units creating significant maintenance costs at a much earlier date and reducing the useful life of these units to less than three years. While these lighter duty vehicles could reduce fuel costs by as much as 20% when in service, the huge increase in maintenance and replacement costs would be a significant financial hardship. The Commission is hopeful that Council appreciates that our practices for vehicle acquisition and assignment are based on careful analysis and best practices. Yours truly Chris Titus Chairman Saint john Transit commission 01 Planning Advisory Committee June 20, 2012 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: King George Court Subdivision 25 Bentley Street city of Saint John The Planning Advisory Committee considered the attached report at its June 19, 2012 meeting. The applicant, Mike Boyle of Boyle Real Estate Development Inc., appeared before the Committee in support of the application and staff recommendation. There were no other presentations made at the meeting concerning this matter, and no letters were received from surrounding property owners. After considering the presentation and report, the Committee resolved to adopt the staff recommendation, which is set out below for your convenience. The Committee also approved the private access with the recommended conditions and the requested variances. RECOMMENDATION: That Common Council assent to the attached King George Court Subdivision with respect to any required public utility easements. Respectfully subm' Eric Falkjar Chairman MO Attachment Project No. 12 -140 The City of Saint John DATE: JUNE 15, 2012 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT FOR: MEETING OF JUNE 19, 2012 PREPARED BY: REVIEWED BY: Mark O'Hearn Mark Reade, P. Eng., MCIP, RPP Planning Officer Senior Planner SUBJECT: Name of Applicant: Boyle Real Estate Development Inc. Name of Owner: Location: PID: Municipal Plan: Zoning: Proposal: Type of Application: f 4-r . '�5 , SAINT JOHN Boyle Real Estate Development Inc. 25 Bentley Street (Project File) 00369090 & 55216915 Stable Commercial & Stable Residential "B -2" General Business & "RM -1" Three Storey Multiple Residential To subdivide a property that will eventually be developed with an office building and three multiple residential buildings. Subdivision and Variances that would: (a) Reduce the minimum lot area requirement of 4,200 square metres to approximately 3,640 square metres; P.O. Box 1971 Saint John, NB Canada E2L 4L1 www.saintjohn.ca C.P. 1971 SainL john, N. -B. Canada E2L 4L1 86 King George Court Subdivision Page 2 25 Bentley Street (Project File) June 15, 2012 (b) Reduce the minimum rear yard requirement of 7.5 metres to varying setbacks between 1.5 metres to 4.5 metres; and (c) Reduce the minimum separation distance of 1.5 metres in order to allow access and parking over a proposed common property line. JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By -law. The Committee can impose conditions. The Subdivision By -law authorizes the Committee to approve the creation of a lot with access other than a public street. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council assent to the attached King George Court Subdivision with respect to any required public utility easements. 2. That the Planning Advisory Committee only approve the creation of proposed Lot 2 with a private right -of -way access, as generally shown on the submitted King George Court Subdivision tentative plan, on the following conditions: (a) That the exact location and width of the private right -of -way and easements for underground infrastructure be approved by the Development Officer and shown on the final subdivision plan; and (b) That an agreement, subject to the approval of the Development Officer, be registered with the final subdivision plan to ensure that the private right -of -way provides permanent vehicular access over proposed Lot 1 to Bentley Street for the benefit of the landowner(s) of proposed Lot 2. 3. That the Planning Advisory Committee grant the following variances concerning the King George Court Subdivision that would: (a) Reduce the minimum lot area requirement of 4,200 square metres to approximately 3,640 square metres for proposed Lot 2; (b) Reduce the minimum rear yard requirement of 7.5 metres to varying setbacks between 1.5 to 4.5 metres for the existing and proposed multiple residential buildings on proposed Lot 2; and King George Court Subdivision Page 3 25 Bentley Street (Project File) June 15, 2012 (c) Reduce the minimum separation distance of 1.5 metres in order to allow access and parking over the common property line of proposed Lots 1 & 2. BACKGROUND: On March 23, 2010, the Planning Advisory Committee favourably considered an application by the developer to construct a two- storey office building and three multiple residential buildings. A large common asphalt parking area with concrete curbing would serve both the commercial and residential buildings (see attached King George Place site plan submitted in 2010). The property had been rezoned in 2003 to `B -2" General Business with Section 39 conditions for a previous proposal by another developer involving a commercial office building with training facilities for a local trade union. In order to permit the new proposal with residential buildings, the new landowner sought an amendment to the existing Section 39 conditions, which were recommended by the Committee and approved by Common Council on March 29, 2010. These conditions included: (a) That the use and development of the subject property be limited to a two - storey office building with a maximum ground floor area of 350 square metres containing the an office use, 2 12 -unit multiple unit residential buildings with a height of three storeys each and 1 4 -unit multiple unit residential building with a height of two storeys. (b) That development of the site be in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, illustrating the location of all buildings, structures, parking areas, vehicular manoeuvring areas, driveways, loading areas, signs, exterior lighting, and other site features, and that this approved plan be attached to the required building permit for the development; (c) That Iandscaping of the site be in accordance with a detailed landscaping plan, prepared by the developer and subject to the approval of the Development Officer, detailing the proposed site landscaping, and that this approved plan be attached to the required building permit for the development; (d) That the exterior design and materials of the proposed building fagades adjacent to Bentley Street and the eastern boundary of the site be subject to the approval of the Development Officer in order to ensure compatibility with the adjacent residential properties, and that the approved elevation plan(s) also be attached to the required building permit for the development. The exterior design of these building fagades must incorporate the following elements: window projections on two bays of the office building on the Bentley Street facade that will extend between 61 to76,2 centimetres from the main wall of the building, facia boards having a width of 20.32 centimetres and corner boards having a width of 15.24 centimetres. On the fagades of the two apartment buildings along the eastern boundary of the site, the Bentley Street facade of the office building, and the facade of the office building immediately adjacent to the site driveway containing the side entrance, the following elements are to be provided subject to the approval of the Development Officer: window trim on all windows, porticos over the entry doors, and columns on each side of the entry doors. King George Court Subdivision Page 4 25 Bentley Street (Project File) dune 15, 2012 (e) That the developer pave all access, manoeuvring and parking areas with asphalt and that paved areas be enclosed with continuous cast -in -place concrete curbs where necessary to protect landscaped areas and to facilitate proper drainage; (f) That all areas of the site not occupied by buildings, driveways, walkways, parking or loading areas be landscaped by the developer in accordance with the requirements of the Zoning By -law. The landscaping must extend onto the City street right -of -way to the edge of the sidewalk; (g) That the developer provide a detailed storm water and site drainage plan and report, subject to the approval of the Chief City Engineer or his designate, indicating how storm water collection and disposal will be handled; (h) That the developer provide detailed site servicing and engineering drawings, prepared by an engineering consultant, to the City for review and approval by the Chief City Engineer or his designate; (i) That the developer complete an engineering water and sewer analysis to determine the impact this development will have on the existing water and sewer infrastructure and also to ensure that this proposal does not exceed the current capacity of the existing systems. This analysis must include verification of sewer capacity, fire flow requirements by the developer's engineering consultant, and include expected average and peak water consumption flows for the development. This analysis will be subject to the review and approval by the Chief City Engineer or his designate; (j} That should upgrades to existing infrastructure be required to support the development, detailed engineering plans be completed detailing such work for the review and approval by the Chief City Engineer or his designate and that design and construction costs be the responsibility of the developer; (k) That all main buildings be serviced by municipal water and sewer and underground public utilities; (1) That all grades for water and sewer systems must be verified by the developer's engineering consultant; (m) That all parking for this development be provided for onsite; (n) That the development and use of the site meet all requirements of the City of Saint John Zoning By -law, National Building Code, National Fire Code and all other applicable regulations prior to occupancy and use of the development; (o) That approved site and elevation plans be attached to any building permit application for the development; and (p) That site improvements associated with a particular building indicated on the approved site, landscaping and elevation plans be completed to the satisfaction of the Development Officer within one (1) year from the issuance of a building permit for the particular building. King George Court Subdivision Page 5 25 Bentley Street (Project File) June 15, 2012 Since that time, the developer has constructed the office building near Bentley Street and the 12 -unit residential building closest to the street. The asphalt parking area and landscaping associated with these two building sites has also been undertaken. The other two residential buildings and their parking and landscaping remains to be undertaken. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has provided the following comments regarding this application: (a) As proposed Lot 2 does not abut a public street, it is the landowner's responsibility to ensure that access for this rear lot is always provided for via the shared driveway with proposed Lot 1; (b) The submitted site plan shows a right -of -way across proposed Lot 1 in favour of proposed Lot 2, this right -of -way will be private and not maintained by the City; (c) Both proposed lots share a common private underground storm water management system. It is the landowner's responsibility to ensure that the proper private easements and a legal agreement is in place for maintenance of this system; (d) Private water, sanitary and storm sewer services for proposed Lot 2 are via proposed Lot 1. It is the landowner's responsibility to ensure that the proper private easements are in place for these services over Lot 1 for the benefit of Lot 2 and a legal agreement is in place for maintenance of this system; and (e) All of the services on the subject property are private, and, therefore, no municipal services easements are required. Notwithstanding, these private easements should be illustrate on the final subdivision plan for the benefit of both property owners now and in the future. Buildings and Inspection Services has indicated that the proposed common property boundary being placed at 1.5 metres from the existing residential building makes it very close to minimal building code standards. Otherwise, they have no concerns with this application. Saint John Fire Department has no objection to this application provided the National Building & Fire Codes are satisfied. In addition, the design of the apartment complex area should ensure that there are adequate turning facilities, property access, and fire hydrant installations for the development. Finally, the private access should adhere to the access route design requirements of the National Building Code. Saint John Energy, Bell Aliant, and Rogers have been advised of this further application. Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline have no concerns concerning this application. .E King George Court Subdivision Page 6 25 Bentley Street (Project File) June 15, 2012 ANA1,VP% S: The subject property is situated on the east side of Bentley Street near Douglas Avenue (see attached location map). In 2010, Common Council approved a development consisting of an office building and three multiple residential dwellings to be constructed on the subject property (see Background section of this report). To date the developer has constructed the office building and one of the multiple dwellings. Two further multiple dwellings are yet to be constructed. Proposal and Necessary Approval and Variances Recently, a tentative subdivision plan has been submitted that would subdivide the office building area from the multiple residential buildings near the rear of the site (see attached King George Court Subdivision tentative plan). According to the applicant, this proposed subdivision would delineate the residential area of the site, facilitating the establishment of a condominium corporation for the existing and future residential buildings on proposed Lot 2. The office building on proposed Lot 1 would remain under separate ownership and not be included in the anticipated condominium corporation. This subdivision requires the consideration of the following: (a) Approval by the Planning Advisory Committee for an access other than a public street for proposed Lot 2. The applicant is proposing a 7.0 -metre wide right -of -way through the existing asphalt parking area; (b) A variance from the requirements of the Zoning By -law to reduce the minimum lot area requirement of 4,200 square metres to approximately 3,640 square metre for proposed Lot 2; (c) With the creation of Lot 2 having no street frontage, the technical yard requirements for the multiple residential dwellings all become rear yards, and as such, require minimum setbacks of 7.5 metres between the property lines and the nearest point of these buildings. This will require consideration of rear yard variances from 7.5 metres to a varying depth between 1.5 to 4.5 metres for the two 12 -unit buildings; and (d) Finally, variances are also necessary in order to allow access and parking within 1.5 metres of the proposed common property line between Lots 1 & 2. Recommendation and Conditions The development site is designated by the new Municipal Development Plan as Stable Commercial, and the development occurring on the subject property is consistent with the policies for this designation. However, it must be noted, that the northern portion of Lot 1 was consolidated to the subject property earlier this year. This area is designated Stable Residential and zoned "RM -1" Three Storey Multiple Residential. The developer is well aware that this area cannot be developed as part of the approved development unless it were to be rezoned to `B -2" General Business. This area of land was acquired by the developer as an opportunity to enhance its previous appearance given its proximity to the development. 91 King George Court Subdivision Page 7 25 Bentley Street (Project File) June 15, 2012 With respect to the proposed subdivision in general and the necessary variances, the reality is that the approved development will not essentially change. The location of all the buildings, asphalt parking areas, and landscaping, which are all governed by imposed Section 39 conditions as outlined in the Background section of this report, will not change as a result of this proposed subdivision, and the mentioned conditions will ensure that this development is completed as approved by the City in 2010. The access to the rear residential buildings through an asphalt parking area remains unchanged from the original approval for this development. While a lot area variance is required for Lot 2 due to the number of dwelling units to be contained in the three buildings, the overall site area of the project remains the same (in fact, as mentioned above it has increased slightly). And, again, the location of the buildings remain the same as approved in 2010. Therefore, approval of the private access and the necessary variances are considered reasonable under the circumstances and recommended provided the following two conditions are imposed: (a) First, that the location and width of the right -of -way and infrastructure easements be approved by the Development Officer and shown on the final subdivision plan. This will ensure that the private right -of -way is situated properly through the parking area and driveway onto Bentley Street. Additional information from the surveyor will be necessary to make this determination. In addition, in order to more adequately accommodate two -way vehicular traffic, a 7.5 -metre wide right -of -way needs to be considered. The location of the infrastructure over the property is not illustrated on the tentative plan and will need to be determined by the developer's consultants. (b) Second, that an agreement, acceptable to the Development Officer, be registered with the final subdivision plan to ensure that the private right -of -way provides permanent vehicular access over proposed Lot 1 to Bentley Street for the benefit of the landowner(s) of proposed Lot 2. This will ensure that the future stakeholders of this development are all provided access to the public street. Finally, it is anticipated that the public utility companies will require an easement(s) in order to protect and maintain servicing to the existing and proposed buildings. Therefore, assent of any necessary public utility easement for this proposed subdivision is included in the recommendation. In summary, there are a number of imposed Section 39 conditions that will ensure that the King George Court development will be completed and maintained as approved by the City in 2010. The application by the developer subdivide the development site in the requested manner for condominium purposes is reasonable, and as noted in this report, does not essentially change the manner that the property must be developed and maintained. Approval of the private access and variances are therefore recommended. MO Project No. 12 -150 92 PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT z k22 20 a SID 24 3 Kara 9 fj 24 r� 34 249 26 248 26 4 Q 254 9 Rl 1, 277 Jtk_ 3 70 ` F r 2 I 72 4-1 � 1� 74 3 76 -2 34 � H 80 ` r r l� Subject Site /site en question: Location: 25, rue Bentley St. (File) Date: May 30 mai 2012 Scale /echelle: Not to scale /Pas a 1'echelle 93 55 f: �I 18 �' Qy 16 I i Q 14 ! V 12 i� h Q 10 8 6 4 • 2 PID(s) /NIP(s): 00369090 55216915 �I a� t IlagdwDO pAon o � v � U a Z IlagdwDo pion ti ti •pn aA9aadp -off 6w•noH po•gmogqk*N OOJald JonaJl DDGg0rj 'W Dsn uo9-1DW I llve m� m uY � n w O r o� 0 -"D!od y Rup'lAD3 P98 Y A lowll . • cs e 1 _ 1 L 1 o g 11 "r S. W 1 1 F • ! 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JaaJJS 491JUGG b8 -V0 -1 94 k a sQ ;N •a o s Jo. 7 s� J N Z Y z e 0 I H O 2 0 o� i IIff O CZ �J.ICP ate" E ` 811Qd�m� 2.8 �� >v'ov m Y V7 dV C t Y Z N a a Q c 7 m o U) W C cr Y F Ir e 0 I H O 2 0 rr1 •�Qry a a as Q Q e C a Q 04 Q L QI b w•r C �1 A `� 12 ;4 �a c� :U m P9 a 3b V�� Planning Advisory Committee June 21, 2012 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 city of Saint John SUBJECT: Proposed Subdivision and Variance - 54 Loch Lomond Road In March of 2012, Common Council authorized staffto initiate the process of acquiring a parcel of land with an area of approximately 30.3 square metres situated at the southeast corner of the Loch Lomond Road / Westmorland Road / Westmorland Street intersection (see attachments). The parcel would be utilized to widen the public street right -of -way thereby facilitating the reconstruction of Kane's Corner being undertaken in conjunction with the One Mile Interchange project. In order for the Development Officer to approve the subdivision, Common Council must first assent to the proposed street vesting. The Community Planning Act requires that the Planning Advisory Committee provide a recommendation to Common Council on the proposed street vesting before assent can be given. At its May 15, 2012 meeting, the Planning Advisory Committee considered the attached Staff Report. Curtis Langille appeared on behalf of the applicant, being the City's Real Estate Division, and spoke in favour of Staff s recommendation. No one else appeared before the Committee to speak in favour of or against the application. After considering the report and the comments of the applicant, the Committee adopted the recommendation contained in the Staff Report, which is set out below for your convenience. The recommendation also includes the typical wording with respect to any necessary public utility or municipal service easements. The Committee considered a subsequent report (copy attached) at its June 19, 2012 meeting and granted a variance to reduce the minimum required lot depth from 30 metres to approximately 29 metres in order to facilitate the proposed parcel transfer. RECOMMENDATION: That Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted Bayview Credit Union Society, Ltd. Tentative Plan of Subdivision, located at 54 Loch Lomond Road (PID -2- 00315945), with respect to the vesting of the proposed public streets and any required municipal services easements and public utility easements Respectfully submitted, �y Eric Falkjar Chairman PF Project No. 12 -116 97 PLANNING AND DEVELOPMENT /URBANISME ET DEVELOPPEMENT ■ - r , - - • ay. Woodlawn Av. �► '� ,�` ♦ .K' ■ b „� r�r r +i rw f`� ■ R -4b ,a •+ w b • r u •� ! � . r�.�.t• r r1 - . ��♦ • C •f S %7A aa�►iF '„ • ♦x ♦t.1r' \ �L� 1 !•' }i �ta n a ,4 ra G i} III 3v CO, vs k It „ T r Z ■ ! \ ` S�ls , L ,.rte k \.� k ,,` .a • u \ ° � � \i \ • `: r ®VN +' � . "/" issue '' �16i�% CA. p o w .' Cs 10, Al NR 3tN 0, ♦ \s . ♦, . „ COG + b � ♦• � •.� � " ♦.." iw� ' � \t �� '11:, �' \. a'..A� -t"'%� v���•' /n a� �l "fir �ti ,-"� .. �K�`�;.v •t \. ♦,. +tea » ♦j it • +, `�,+ w �. //� .. F .» `�., ♦♦ 't by j _ ♦ ±* f , Subject Site /site en question: PID(s) /NIP(s): 00315945 Location: 54, chemin Westmorland Road Date: April / avril 24, 2012 Scale /echelle: Not to scale /Pas a 1'echelle 56 `� �j9 Y9 a-. c.2 :r� N rv2 •2.9 Ey J.a K3 °8 $L cZ J O J2. E g e�n : oe c'$ la -� c M of cyu) z i i gs ae N��.. ~ 2 g o irr r i� \ �•� i�,' vE$ai���a$eg aEu$o mi 3s �z " � 8 4 _ g a a ��s%z r �9t 3•a 2 ` g° WS a g•s g &gos y s �11 o 3� J N v Lo oU u �Wco E °a V-v Ewe O 3G$ae 1% r 0 0 °! EN z SRi i a C AM Ig sS pl ° rri Ewa$ �e�..$ 2aN v Q, cn in ii�m °abaEl� III z� E. e�za� 9.a9z5pk M p r 7 Y Y� wrreoa� <���1a� se:rn�a.�fga —ds � mw Nilm6 W � ~s C) p N " V J lot c " ° a E O o-E3.2a u UO 156047530° �g m ............. ... 20.14 J ........ .....,... .+ min U e a roI== 8 ^' m 01 V)i1G�° r N - O N O V) Y] V t m li . Stree trn and a W s as N WeStmortona Road V r1, " N B$ Pig _ sP e � y y „ Boa ' S MMS 3pR 5 Via" w n� R^ °c%'innn'.Pi$l'SnSSWn ga � nrn rn nnnnnn u S p ° S MA! i� o 2299 SS � � � 0 ' LL EL -vzzc .. 1 DATE: TO: FROM: FOR: PREPARED BY: Patrick Foran Planning Officer SUBJECT: MAY 11, 2012 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING PLANNING AND DEVELOPMENT MEETING OF MAY 15, 2012 REVIEWED BY: Ken Forrest, MCIP, RPP Commissioner Name of Applicant: City of Saint John (c /o Curtis Langille) Name of Owner: Bayview Credit Union Society, Ltd. Location: 54 Loch Lomond Road PID: 00311595 Municipal Plan: Commercial Corridor Zoning: `B -2" General Business Proposal: To vest a portion of the subject property as part of a public street right-of-way in conjunction with the construction of the One -Mile Interchange. Type of Application: Subdivision and variance to reduce the minimum required Iot depth from 30 metres to an average depth of approximately 29 metres. SAINT JOHN P.O. Brnx 1971 Saint John, NB Canada E2L40 I www.saintjohn.ca I CA 1971 Saint John, N.-B. Canada E2L41 r--------� 100 City of Saint John Page 2 54 Loch Lomond Road May 11, 2012 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council concerning the vesting of public streets as well as municipal services and public utility easements in conjunction with the subdivision of land. The Act also authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By -law. The Committee can impose conditions. STAFF RECOMMENDATION TO COMMITTEE: That Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted Bayview Credit Union Society, Ltd. Tentative Plan of Subdivision, located at 54 Loch Lomond Road (PID 00315945), with respect to the vesting of the proposed public streets and any required municipal services easements and public utility easements, INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has indicated that it has no objection to the proposed subdivision and variance. Buildings and Inspection Services has no objections to the proposal. ANALYSIS: As part of the One Mile Interchange project, the City will be reconstructing a portion of Loch Lomond Road between Saint Catherine Street and Westmorland Road over the next twelve to eighteen months. This reconstruction will include the installation of new sidewalks, a bicycle lane, the replacement of existing municipal service pipes, and the implementation of a new set of traffic lights. The City is in the process of acquiring four parcels of land to facilitate this reconstruction, although this report only pertains to the first such parcel'. The subject site is a portion of the Bayview Credit Union property located at the southeast corner of the Loch Lomond Road / Westmorland Road / Westmorland Street intersection in the City's East Side. The property consists of several parcels with the main building being generally centred on the width of the property's Westmorland Street frontage. The site's primary parking area is to the south of the building, while a smaller parking area for four vehicles is located to the north of the building. Extending approximately 23 metres northwards from this latter parking area towards the Loch Lomond public street right -of -way is a grassed area which provides the majority of the site's front yard landscaping. The remaining parcels are not included in this report as negotiations for their acquisition remain ongoing. 101 City of Saint John Page 3 54 Loch Lomond Road May 11, 2012 The attached subdivision plan illustrates the additional land that is required to accommodate the proposed street widening, specifically a parcel with an area of approximately 30.3 square metres. Because the parcel would vest as a public street, the Community Planning Act requires both the assent of Common Council and a recommendation from the Planning Advisory Committee. It should be noted that, as part of the property acquisition negotiations, Common Council has authorized the City's Real Estate Division to enter into a Purchase and Sale Agreement with the property owner, which has been executed. Given that the proposal is consistent with the improvement plans for the One Mile Interchange, approval of the proposal is recommended. Further, with the exception of the minimum required lot depth, the proposal conforms to all of the requirements of the Zoning and Subdivision By -law. The proposed subdivision, if approved, would result in the depth of the parent parcel being reduced to an average depth of approximately 29 metres, whereas the By -law requires a minimum of 30 metres. However, this reduction of the lot depth by 1 metre is considered relatively minor and it is not anticipated that the reduced depth would necessitate further variances should the lot be developed at a later date. Consequently, approval of the variance is recommended. The Committee should note that, as with similar applications considered in the past, a circulation of the proposal to neighbouring property owners was not undertaken. CONCLUSION: The proposed street right-of-way widening is part of the overall One -Mile Interchange project and is consistent with the previously approved proposal. Assent to the required subdivision plan and approval of the related variance are therefore recommended. PF Proj ect No. 12 -116 102 PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT I N. i 1 + ! I � I • .! . ob + — �;i J TI II { " I — ^ �— j 'Y0 � - ■ - ■ ! _ � _ — ' � . / — — � • —��� • .II ._ s — � .pti 'i S • r. wn .Y.•.\ ' ti ` t • i• r./ • i � �• Y f 4, ay. Waodla ? $► . � � t\ i \t A• i� ,. -ry it 41 A fffff 91 \ r * � _ Y 2i it I ! ii� Imo,,,,.•' a.A`• •\o \ \\\t •�'• \ `\\\ � a r�.� ..*.,.....'M ^'�'IYtxf �y ! L (F- _._._-- -i � "r ..r''r •�'j� I •�• j f,...r•,"'Y ,\ A�a P�, .r�"'..� f �� ,n•,. "r t �•-•••: "yT #{ ■ t '" ti "''� \ i`'� i�K\ O� \ r •,,.... p\ 1 ` O ps .l .� ��. ` 1, -1MS•♦ ` % •''r' \"j• 2 u ,�.4"f' ^, , Go - r.r r\r `� \•� 1• ru r' �'�'� St�O� \.1\� ^ll r• r /,.,.• "��* ` ".00 p r r 1 �* ,i ' • tj .0 'C•i;ru� C. \% / �, !' �.tt{�. t .%i.•% % %� ''•�•• ar\ Q �A 1. i.i ,r / %•�: . ,: � • `, °, ` r"f�` ti G.,�'1\`o i r �riyr \.s'4 «r,� �L .r'!•'". \, \ :%''• "```' `' %; % ,t�lt �B \ \ \'r, .v'�X .. %' Y \1v, Nr.�'' .ter . -..... i~t °m • C• r \ % t9'77:f t%% �X } s��t O' Nlt t •\ `\ • .n 1� `�i \ \\Jl r % Subject Site /site en question: Location: 54, chemin Westmorland Road Date: April / avril 24, 2012 Scale /echelle: Not to scale /Pas a 1'echelle 103 PID(s) /NIP(s): 00315945 3224 d q , c> m m Pup o� saM N P pua� �oua�saM N b 0 .tee, walls Q o�scL +l N o N t 411 N 3 I aie �v��a a ° m 9 a P !t a VWOal. v c SL'0 O ��= o „OP,ei9Sl n y n p�� vsy°° °654�'a. s S61 m R '�u a a�I 1 A 10011 S»��l , �mo95 A S II � yi % -U41 it w O a N Et �. ( p � � i c g IM! 3 aa :s1118, pS C) Et 97 if gm -q 3 'Eiji n3 pa• 121911 b s ; ? r i i o p Z'�C Z= 4 3 a Fio >sis�8 tA' q 104 �j 26 "� � 0 a WWW G4 PW°TsSs � � °pap R4R �° uW o �J• � � °�s � � 1 VfVi I�iVVWIViWLIVi [Vn4W N XbSb 31�0� f: oC� ONOINI lilts {I.�Nm �SZ fE 3y 2 WHIM VI oil ��IM Op � ° Z o' 6 � � ZEE d Di $ Y v d q , c> m m Pup o� saM N P pua� �oua�saM N b 0 .tee, walls Q o�scL +l N o N t 411 N 3 I aie �v��a a ° m 9 a P !t a VWOal. v c SL'0 O ��= o „OP,ei9Sl n y n p�� vsy°° °654�'a. s S61 m R '�u a a�I 1 A 10011 S»��l , �mo95 A S II � yi % -U41 it w O a N Et �. ( p � � i c g IM! 3 aa :s1118, pS C) Et 97 if gm -q 3 'Eiji n3 pa• 121911 b s ; ? r i i o p Z'�C Z= 4 3 a Fio >sis�8 tA' q 104 � g m w• rn• • � V X ;-7 cn a ;UmcO OmC -tcn n g��or- 2 o 0z 0 MA4� orro cw"21 C7 *cO -4D C) c Z K W -U Crn Cil 9a �m 6 8 $ j w m J 4 111dWH:9 UMM ova 04MU+3 Aaauow "Wicc9dowWROV -SOON 1pamt4*MRLa +wonwaaobumlommalem R x•24 •� +Y� „ hk p_t,� c Y� 4•^ i foot o ��}y► n Shy: � .• #; -'� . :v��� . r 105 J DATE: TO: FROM: FOR: PREPARED BY: JUNE 15, 2012 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING PLANNING AND DEVELOPMENT MEETING OF JUNE 15, 2012 Patrick Foran Planning Officer REVIEWED BY: Ken Forrest, MCIP, RPP Commissioner SUBJECT: Proposed Variance - 54 Loch Lomond Road The Planning Advisory Committee, at its May 15, 2012 meeting considered the attached report outlining a proposal to vest a portion of the above - mentioned property as part of a public street right -of -way to widen Loch Lomond Road as part of the One -Mile Interchange project. While the report indicated that a variance was necessary to reduce the minimum required depth of the remnant lot from 30 metres to an average depth of approximately 29 metres, this variance was omitted from the Staff Recommendation. Consequently, in adopting the Staff Recommendation, the reduced lot depth variance was not explicitly granted by the Committee. Unless the lot depth variance is granted, the Development Officer will be unable to certify conformity of the proposal with the requirements of the Zoning and Subdivision By -laws. Therefore, to enable the Development Officer to approve the final subdivision plan, the application is being resubmitted to the Committee for consideration of the variance to reduce the minimum required lot depth. The analysis upon which the Staff Recommendation is based is outlined in the attached report. STAFF RECOMMENDATION TO COMMITTEE: That the Planning Advisory Committee grant a variance to reduce the minimum required depth of the remnant lot from 30 metres to an average depth of approximately.Wmetres in order to facilitate the proposed street vesting. 21 PF Project No. 12 -116 SAINT JOHN P.O. Box 1971 Saint John, NB Camdi E2L4L1 I www.saintjohn.ca C.P. 1971 Saint john, N. -B. Canada E2L4L1 106 `C DATE: MAY 11, 2012 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT FOR: MEETING OF MAY 15, 2012 PREPARED BY: REVIEWED BY: Patrick Foran Planning Officer SUBJECT: Ken Forrest, MCIP, RPP Commissioner Name of Applicant: City of Saint John (c /o Curtis Langille) Name of Owner: Bayview Credit Union Society, Ltd. Location: 54 Loch Lomond Road PID: 00311595 Municipal Plan: Commercial Corridor Zoning: "B -2" General Business Proposal: To vest a portion of the subject property as part of a public street right -of -way in conjunction with the construction of the One -Mile Interchange. Type of Application: Subdivision and variance to reduce the minimum required lot depth from 30 metres to an average depth of approximately 29 metres. ;;.•.�r,i. rt }11h 4 0 9/ S. kV. ;c: =r, ..� C�ii_ , :_�i_�r '. 1 C. P.1"7:5eift')ill,N. -F. C :wu' ;: -'=2L?Li 107 City of Saint John Page 2 54 Loch Lomond Road May 11, 2012 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council concerning the vesting of public streets as well as municipal services and public utility easements in conjunction with the subdivision of land. The Act also authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By -law. The Committee can impose conditions. STAFF RECOMMENDATION TO COMMITTEE: That Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted Bayview Credit Union Society, Ltd. Tentative Plan of Subdivision, located at 54 Loch Lomond Road (PID 00315945), with respect to the vesting of the proposed public streets and any required municipal services easements and public utility casements INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has indicated that it has no objection to the proposed subdivision and variance. Buildings and Inspection Services has no objections to the proposal. ANALYSIS: As part of the One Mile Interchange project, the City will be reconstructing a portion of Loch Lomond Road between Saint Catherine Street and Westmorland Road over the next twelve to eighteen months. This reconstruction will include the installation of new sidewalks, a bicycle lane, the replacement of existing municipal service pipes, and the implementation of a new set of traffic lights. The City is in the process of acquiring four parcels of land to facilitate this reconstruction, although this report only pertains to the first such parcel'. The subject site is a portion of the Bayview Credit Union property located at the southeast corner of the Loch Lomond Road / Westmorland Road / Westmorland Street intersection in the City's East Side. The property consists of several parcels with the main building being generally centred on the width of the property's Westmorland Street frontage. The site's primary parking area is to the south of the building, while a smaller parking area for four vehicles is located to the north of the building. Extending approximately 23 metres northwards from this latter parking area towards the Loch Lomond public street right -of -way is a grassed area which provides the majority of the site's front yard landscaping. The remaining parcels are not included in this report as negotiations for their acquisition remain ongoing. 1: City of Saint John Page 3 54 Loch Lomond Road May 11, 2012 The attached subdivision plan illustrates the additional land that is required to accommodate the proposed street widening, specifically a parcel with an area of approximately 30.3 square metres. Because the parcel would vest as a public street, the Community Planning Act requires both the assent of Common Council and a recommendation from the Planning Advisory Committee. It should be noted that, as part of the property acquisition negotiations, Common Council has authorized the City's Real Estate Division to enter into a Purchase and Sale Agreement with the property owner, which has been executed. Given that the proposal is consistent with the improvement plans for the One Mile Interchange, approval of the proposal is recommended. Further, with the exception of the minimum required lot depth, the proposal conforms to all of the requirements of the Zoning and Subdivision By -law. The proposed subdivision, if approved, would result in the depth of the parent parcel being reduced to an average depth of approximately 29 metres, whereas the By -law requires a minimum of 30 metres. However, this reduction of the lot depth by 1 metre is considered relatively minor and it is not anticipated that the reduced depth would necessitate further variances should the lot be developed at a later date. Consequently, approval of the variance is recommended. The Committee should note that, as with similar applications considered in the past, a circulation of the proposal to neighbouring property owners was not undertaken. CONCLUSION: The proposed street right -of -way widening is part of the overall One -Mile Interchange project and is consistent with the previously approved proposal. Assent to the required subdivision plan and approval of the related variance are therefore recommended. PF Project No. 12 -116 109 PLANNING AND DEVELOPMENTIURBANISME ET DEVELOPPEMENT ay. Woodlawn Av. ■ « �y . 1i / :` " • '� I : �— ....__ j � a! • h Y _ �. — ._.L _• J•J.r rte` /� a >, ? `\ ,•`y+� \ el� I s' _ I— _ e� _ i — — ,, p.. +'" ,•, }'• ,.s� ;y`��`. t 11 ± "�•'l'•� 1 is\,°4��� G' •l■ ". ..C�• Leo I ■ I el ■ I `•�• •'f�`N 'M ,.�� .-t. • le.yn al +l .�•.. � _ 2; ! ^ I I � �I • �. '- •'r ♦ °A`• % + °,\. \x r " 6C. \ ,l " \,�' wrZ�:,• ^ �{ .• E,.•.• ,,,Ea s. 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" ~m ,l 'ley` q rIr't ���W�'77{ goo ' • '� `', � '�, �'' �: '• " " a se, aY , \ir •'; M },. °\ 1yc�,r',\�;tL• ".:' 1•`� , Jt�.. .,,,; ti " "l a .• / •f r PID(s) /NIP(s): Subject Site /site en question: ?� 00315945 Location: 54, chemin Westmorland Road Date: April / avril 24, 2012 Scale /echelle: Not to scale /Pas a 1'echelle 110 li JUM -S C N 9p �8 Y iit E $ o a "EB�,sa J O• N N f'] • N m �+b ii 'gg eeo"• �j2 S VsY �m $ C > v cZ `Y'u o ii «� C _ o Swg ��` 'Y'o o Y S ; �•: G =�N�'o CY� L' z fi_ o o `o j` Y g .S a .-� N�� j S a cr 2 IR rn a isoiR 9� o�9a°y ua O N O oU a LL1m m i Q SxY'a 8 :� a .Q �"93 -E «n B SM :t ~� c Gil j ggE �• �"E I . 8 c� 5 ci u..2a `on �- S` 0 � s c vi 7ti� 'C� S$ So2Y�S En I`' - (l ' �HN4 mO' Z I �iU 19I��bJfj \Jm j�•��11 mtl9 ` jfcl Y¢wi6 o.°I a�'aZ «94 M •�/U y�i zs -`' YYi yiO��O /X <rc V��o4. <V /1 •jZ VSUTi t�IIC.NV..IV.ICY.. Yfvm �sf� i V) 04 V m m $n G D/ � - H 0 mn g E f3 �= i Z o D b•E��n °u J �+ V cxvo E 0 r �u ❑ U 156'49'50 :3.3 u I N O o.75 m - o 20.12 J n n T u �0 °nom 8 gtiYY_ V n Y L n •? In o � � VI et �• W bn d s'^••f M. � E � N d J O y.zs N o vl - «gas "C� o e ` W estmorlar} d Street CL a N Westmorland Road Im VMz 111 a UIJUN.IN.: IY IXUZZ; m V C'f•' O ai vl r r zm�Exn3I� ` C nnn nnn,✓I n rnrn nnrnn nnn y F mym � �^ntinmr -m F. F c ameoenmO1e eY4rg grg o 8 °id J � on' m a�n VMz 111 y1 r y r F. _.. 0 Q O m O J V O J Z J W IL a z y �S 0 a o Z ago ch C C? " E S9 u � m i O LO a cy, O Q`a Z <a -<U)3v Of -Oowz) oWOQwX ZQ�z 0U o�gwzo o -1oz2o U U) ch w o O oawwWQ �wcn Z a ND STREET } w�STMOR z s 0 X z 0 F � N .-� d lit t PLOTrEDW toorA 11A7@ 1814MI PM 112 Planning Advisory Committee June 20, 2012 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: Simpco Development Ltd. Subdivision 1032 Hillcrest Road City of Saint John The Planning Advisory Committee considered the attached report at its June 19, 2012 meeting. The applicant, Richard Turner of Hughes Surveys & Consultants Inc., appeared before the Committee in support of the application and staff recommendation. There were no other presentations made at the meeting concerning this matter, and no letters were received from surrounding property owners. After considering the presentation and report, the Committee resolved to adopt the staff recommendation, which is set out below for your convenience. The Committee also granted the recommended lot area and street right -of -way width variances. RECOMMENDATION: That Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted Simpco Development Ltd. Subdivision, Phase 2 tentative plan with respect to the vesting of the proposed public and future streets, as well as to any required municipal services and/or public utility easements. 2. That Common Council accept a money -in -lieu land for public purposes dedication for the Simpco Development Ltd. Subdivision, Phase 2. That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure provision of the required work and facilities, including the construction of a gravel walkway between Carthier Street to Nina Street through the future street rights -of -way, and detailed site and drainage plans for the approval of the Chief City Engineer (or his designate). 113 -2- Respectfully submitted, Eric Falkj Chairman MO Attachment Project No. 12 -140 114 The City of Saint John DATE: JUNE 15, 2012 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING ' PLANNING AND DEVELOPMENT FOR: MEETING OF JUNE 19, 2012 PREPARED BY: Mark O'Hearn Planning Officer SUBJECT: Name of Applicant: Name of Owner: Location: PID: Municipal Plan: Zoning: Proposal: Type of Application: SAINT JOHN �1 REVIEWED BY: Mark Reade, P. Eng., MCIP, RPP Senior Planner Hughes Surveys & Consultants Inc. Simpco Development Ltd. 1032 Hillcrest Road (Project File) 55144133 Rural Residential "RR" One Family Rural Residential & "RS -1" One and Two Family Suburban Residential To undertake a final phase of a rural residential subdivision. Subdivision and Variances that would: (a) Reduce the minimum lot area requirement of 5,350 square metres to approximately 5,005 square metres; and (b) Reduce the minimum street right -of -way width standard of 23.1 metres to 20 metres. P.O. Box 14 71 Sairit John, NB Canada E2L4L1 I wwv-f intjohn.ca C.P. 1971 Saint John, N. -B. Canada E2L -:Ll 115 Simpco Development Ltd. Subdivision, Phase 2 Page 2 1032 Hillcrest Road (Project File) June 15, 2012 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council concerning the vesting of public and future streets and land for public purposes in conjunction with the subdivision of land. The Act also authorizes the Committee to grant reasonable variances from the requirements of the Zoning and Subdivision By -laws. The Committee can impose conditions. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted Simpco Development Ltd. Subdivision, Phase 2 tentative plan with respect to the vesting of proposed public and future streets, as well as to any required municipal services and/or public utility easements. 2. That Common Council accept a money -in -lieu land for public purposes dedication for the Simpco Development Ltd. Subdivision, Phase 2. 3. That Common Council authorize the preparation and execution of one or more City /Developer Subdivision Agreements to ensure provision of the required work and facilities, including the construction of a gravel walkway between Carthier Street to Nina Street through the future street rights -of -way, and detailed site and drainage plans for the approval of the Chief City Engineer (or his designate). 4. That the Planning Advisory Committee grant the following variances from the requirements of the Zoning and Subdivision By -laws that would: (a) Reduce the minimum lot area requirement of 5,350 square metres to a varying area between 5,005 to 5,079 square metres for proposed Lots 11 -11, 11 -13 & 11 -14; and (b) Reduce the minimum street right -of -way width standard of 23.1 metres to 20 metres for the proposed public and future streets. BACKGROUND: On March 3, 1995, the Planning Advisory Committee recommended an application to rezone the subject area from "RS -1" One and Two Family Suburban Residential to "RR' One Family Rural Residential in order to permit a rural residential subdivision. Common Council approved the rezoning, but the subdivision did not receive approval as changes to the design were anticipated. 116 Simpco Development Ltd. Subdivision, Phase 2 1032 HiIlcrest Road (Project File) Page 3 June 15, 2012 On June 15, 2004, the Committee recommended the assents and necessary approvals for a revised tentative plan (see attached Simpco Development Ltd. Subdivision). This subdivision consisted of public streets and fourteen unserviced residential lots. At that time, the Committee had also approved the new street names Carter Street and Evandale Avenue. However, due to a duplication of street names that occurred later in connection with another approved subdivision, the Committee was requested to rename Carter Street to Carthier Street prior to the commencement of the initial phase of the Simpco Development Ltd. Subdivision. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has provided the following comments concerning this application: (a) There are no municipal services in this area. Therefore, the proposed lots will have to be serviced by private on -site facilities acceptable to the Province of New Brunswick (Health and Environment); (b) Detailed engineering plans for the proposed streets, prepared by the developer's engineering consultant, must be provided to the City for review and approval; (c) Detailed storm water and site drainage plans and a design brief, prepared by the developer's engineering consultant, and must be provided to the City for review and approval; (d) All street design geometry must satisfy all applicable By -laws, Specifications, and Guidelines; (e) All necessary test results required during the construction of the proposed streets must be provided by the applicant's engineering consultant to the City for review and approval; and (f) The tentative plan illustrates a new 4 -metre wide drainage easement immediately adjacent to an existing 10 -metre wide drainage easement over proposed Lot 11 -13. This proposed 4 -metre easement appears to be directed onto the adjoining Lot 02 -02 (30 Sunview Road); this will not be permitted. Instead, surface drainage will need to be directed to the existing 6 -metre wide easement over this adjoining lot and Lot 02 -01 (3077 Loch Lomond Road) into the ditching along Loch Lomond Road. Buildings and Inspection Services has no objection to the proposed development. Saint John Fire Department has been advised of this application. Saint John Transit has indicated that weekday service is available along Loch Lomond Road. Geographic Information Systems (Planning and Development) has indicated that Carthier Court must be named Carthier Street. 117 Simpco Development Ltd. Subdivision, Phase 2 1032 Hillcrest Road (Project File) Page 4 June 15, 2012 Saint John Energy previously indicated in 2004 that overhead facilities are available in the area. An extension will be required at the expense of the developer. Servicing details and costs can be discussed with the proponent later. Bell Aliant has been advised of this application. Rogers has been advised of this matter. Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline has no concerns with this subdivision. ANALYSIS: Subject Property and Neighbourhood The subject area is situated between Carthier Street (off Hillcrest Road), Nina Street, and Loch Lomond Road in East Saint John (see attached location map). The property was originally an open field that sloped towards Loch Lomond Road, but in recent years most of the area has been developed into a rural residential subdivision (i.e., Carthier Street with seven unserviced residential lots). To the east is a long - existing rural residential subdivision containing a public street (Nina Street) with fourteen unserviced lots. A 20 -metre wide future street was vested between Nina Street and the subject property in 1987 for the convenient further subdividing of the subject property. The property to the west contains the developing Bally Desmond Subdivision, another rural residential subdivision that will eventually contain approximately 69 lots along six public streets. One of these streets, Evandale Avenue, would eventually be connected to this property. Revised Development Proposal As discussed in the Background section of this report, in 2004 the developer received tentative approval for the attached Simpco Development Ltd. Subdivision tentative plan. This plan proposed to construct a new public street (Carter Street now Carthier Street) off Hillcrest Road with a cul -de -sac turnabout (Carter Court). The plan also showed another public street known as Evandale Avenue. In 2004, the City approval obligated the developer to construct that portion of Evandale Avenue between Carthier Street to Nina Street through a proposed public street right -of -way and an existing future street right-of- way. The western portion of Evandale Avenue was only to be vested as a Future Street, but not constructed as no development was anticipated on the adjacent property for the foreseeable future. The developer could have proceeded with the subdivision in this approved manner. However, instead only a portion of the subdivision has been undertaken as illustrated on the attached Simpco Development Ltd. Subdivision, Phase 2 tentative plan (shown as Lots 06 -01 to 06 -10). The adjoining property (previously Timothy E. Desmond Property now A.J. Mallette & Sons (1985) Ltd. Property) was recently rezoned to permit a rural residential subdivision (see attached Bally Desmond Subdivision, Phase 3 tentative plan). One of the streets in this subdivision, Evandale Avenue, is designed to be extended to Carthier Street from Mallory Street. 118 Simpco Development Ltd. Subdivision, Phase 2 1032 Hillcrest Road (Project File) Page 5 June 15, 2012 In light of the above, and given that Nina Street already abuts two significant public streets, it would now be more prudent to require the developer to construct the western portion of Evandale Avenue instead of constructing a street connection to Nina Street. The applicant has incorporated this change in the submitted tentative plan. However, due to the reconfiguration of the proposed public and future street rights -of -way, further consideration of the Planning Advisory Committee and Common Council is necessary. For the sake of convenience, this report provides a complete recommendation concerning all outstanding matters regarding the remaining phase of the subdivision development, including necessary variances discussed below. Municipal Plan and Variances The new Municipal Development Plan has designated the general area as Rural Residential. This designation accommodates existing or approved low - density residential development that is not located within a Rural Settlement Area (Martinon to Ketepec, Lomeville, and Treadwell Lake), and is located beyond the Primary Development Area where municipal servicing exists. As mentioned, the subject property was rezoned to "RR" One Family Rural Residential back in 2005 to permit the completion of this rural residential subdivision. Since the time when the original Simpco Development Ltd. Subdivision was considered by the City, there have been changes to the Zoning and Subdivision By -laws that now require the consideration of the following variances: (a) A minimum lot area of 5,350 square metres is now required, but proposed Lots 11 -11, 11 -13 & 11 -14 have areas between 5,005 to 5,079 square metres; and (b) A minimum street right -of -way width of 23.1 metres is now required, but the proposed rights -of- way have a width of 20 metres. Concerning the lot area variances, in 1995 N.B. Department of Public Health and N.B. Department of Environment determined that they were suitable for on -site facilities. Furthermore, the size of these proposed lots are very similar to the other residential lots along Carthier Street and Nina Street. The Bally Desmond Subdivision to the west has commenced with this previous lot area standard of 5,000 square metres (but will also require the consideration of variances after the one -year tentative approval period elapses). Given the circumstances, granting the necessary variances to allow the remaining small portion of the overall subdivision to be developed with lots having areas consistent with the initial phase is quite reasonable and is therefore recommended. Similarly, the public streets in the area were all developed under a previous 20 -metre right -of -way width standard required by the Subdivision By -law. For the same reasons related with the consideration of the lot area variances, approval to allow the proposed public and future street rights -of -way within this portion of the subdivision is also recommended. Relevant to this matter, the Planning Advisory Committee granted variances to allow the public streets in the adjoining Bally Desmond Subdivision to be created with 20 -metre right -of -way widths. 119 Simpco, Development Ltd. Subdivision, Phase 2 Page 6 1032 Hillcrest Road (Project File) June 15, 2012 Required Subdivision Work and Surface Drainage As required for these types of developments, the Subdivision By -law requires the construction of proposed public streets to Rural Road Standards as set out in the Subdivision By -law and the City's General Specifications administered by Municipal Operations and Engineering. The subdivider will be required to construct public streets with an asphalt surface, suitable gravel shoulders, and proper ditching. Public utilities will be provided by overhead poles along the front of the lots. The recommendation includes authorization of a City/Developer Subdivision Agreement(s) to ensure provision of the required work and facilities. This work will also include the construction of a gravel walkway between Carthier Street to Nina Street through the future street rights -of -way. While a more narrow land for public purposes dedication could be considered instead of another 20 -metre wide future street right -of -way, these tax - exempt future street parcels will accommodate for the construction of the walkway and any associated drainage, while providing ample separation from immediately adjoining residential lots, as well as accommodate a street connection should the need ever arise in the future. The Agreement(s) will also require the inclusion of a detailed site and drainage plans, which will have to be reviewed and approved by the Chief City Engineer or his designate. Municipal Operations and Engineering has indicated that detailed storm water and site drainage plans and a design brief will all have to be prepared by the developer's engineering consultant for their review and approval. The purpose of these requirements is to ensure that there are no adverse effects to the existing drainage system. Engineering consultants are not required to study the downstream local system as they may opt to limit post development discharge to the existing pre - development discharge. However, if they are not balancing the flow, then they will have to study the receiving system. In this particular situation, the drainage system has already been developed through existing drainage easements between the Carthier Street (existing) to Loch Lomond Road through two neighbouring properties as shown on the submitted tentative plan. This drainage system approximates the natural surface drainage of the original property. Surface drainage for the proposed development will be directed into this existing system. Engineering has indicated that "the tentative plan illustrates a new 4 -metre wide drainage easement immediately adjacent to an existing 10 -metre wide drainage easement over proposed Lot 11 -13. This proposed 4 -metre easement appears to be directed onto the adjoining Lot 02 -02 (30 Sunview Road); this will not be permitted. Instead, surface drainage will need to be directed to the existing 6 -metre wide easement over this adjoining lot and Lot 02 -01 (3077 Loch Lomond Road) into the ditching along Loch Lomond Road." This matter will be carefully examined when a detailed engineering drainage plans are submitted for review and approval. Money -in -lieu of Land for Public Purposes The Subdivision By -law requires a land for public purposes dedication equal to ten percent of the area of land being subdivided (excluding public and future street rights -of -way). Alternatively, subject to the approval of the City, a money -in -lieu dedication can be accepted, which must be deposited into a special account and can only expended by Common Council for acquiring or developing land for public purposes elsewhere in the city. 120 Simpco Development Ltd. Subdivision, Phase 2 Page 7 1032 Hillcrest Road (Project File) June 15, 2012 Given the limited scale of the proposed subdivision, and consistent with the previous acceptance of a money -in -lieu dedication for the original (overall) subdivision, a money -in -lieu dedication is again recommended. Street Naming As mentioned in staff report of 2004, Carthier Street and its cul -de -sac portion (referred to as Carthier Court on the submitted tentative plan) must use the same street name. Therefore, the final subdivision plan will need to adhere to this naming convention. CONCLUSION: The applicant is seeking approval to complete a rural residential subdivision by constructing a short cul- de -sac with four unserviced residential lots. The proposal is very similar to a tentative subdivision plan approved by the City in 2004. However, due to changes to the configuration of public and future street rights -of -way, and now variances as a result to changes to the Zoning and Subdivision By -laws, further consideration by the City for the remaining portion of the subdivision is necessary. As discussed in this report, the previous City approvals obligated the developer to construct a public street connection to Nina Street, but a street connection to the adjoining A.J. Mallette & Sons (1985) Ltd. Property (Bally Desmond Subdivision) would now be more appropriate. A walkway, however, will be required to Nina Street. All the necessary assents and approvals for this proposed subdivision has been provided in the recommendation, including the approval of the necessary variances as discussed in this report. MO Project No. 12 -140 121 PLANNING AND DEVELOPMENVURBANISIVIE ET DEVELOPPEMENT • " 26 V X 20 30 22 19 �. N 37 40 18 5 50 14 RR 10 i' 5 6 •� 313 , 4 . •L, 13 ��`` ,• C t _•r 312 20 3 s . µt 2 � 310 25 i 2 3106 20 S_] 3077 1 10 N0 30 066 10 30 05 Subject Site /site en question: � PID(s) /NIP(s): 55144133 Location: 1032, ch. Hillcrest Rd. (File) Date: May 15 mai 2012 Scale /echelle: Not to scale /Pas a 1'echelle 122 p C o N T 6m 0 Ail (U 10 x 7 r Ism 4 i Its 71 in 'BE, R E, No o 4Z. Cc,rttlier Street lZ L ..... MW 123 r d , T� oil ., A fill Mal -_ 3 Ili s � E i \ s \ s • n / 6 a� E NL +_. A , p p E � 1 v= C d Y1 124 k Fitl —S9 L lJ-1 i .ir I � fr r i � `'� �i' •Mg / M� E M� L7 Y woa ewuLUn51 Ln :, CE ;1 y � I I I., E INK M- ieay� ern n u Sp 93 E n f / e [ CD R E - - E W R rI ' L r LO 1[) 0 it to to o = r r$ ^I E anuany aloe �� " N— Lol Lni J � E 1 _ L^ a O $ is - 42 01 Ni. �5+ �9 I 4� : "�!!! Nt �y ° I.� 11 Mg N��l F._ l_,r (, `� ^+ l0 Mi E E r __._.4�.__ N� d i fl= In w' r Iq .,I r E S In E n i! �� LD� cOgL 1. N S__.__._ -. e I ih •� Tr C0104 I; + -- sA 1 L�I` .�.� 1N�� ^I f----= •�E --- � � I -- 4 -�.. J ;.S p� -1,c.. �3 �yE^ Ga I N;• _ r f a% ' Q�jq E I _ ���•••LLL 09 I + N^ a LD .7 01 cli T G f I1 6 06e � ri i�NS auMY �Ap of Asa H °0 ` o,t /sI ° °Un • C� 02 RLN QM�—g oC nN ,NO LLI Y tow C II EPr.0, to E CL C ° arc LU m o'd u E \ •o m • £Hd— StL0 -1 125 :_. SAINT JOHN City Solicitors Office Bureau de Favocat municipal June 29, 2012 Common Council of The City of Saint John Your Worship and Councillors: Re: "Reconsideration" of a Rezoning — 24 -26 Highmount Court The Agenda for the June 18, 2012 open session of Common Council contained the following items: 10.3(a) Third Reading Zoning By -Law Amendment 24 -26 Highmount Court 10.3(b) Section 39 Conditions Council's treatment of those items occurred in the following order: A motion to read the proposed Zoning By -Law amendment in its entirely succeeded; A motion to adopt section 39 conditions was defeated; and A motion to give the proposed Zoning By -Law Amendment third reading by title succeeded. The minutes then recount the following having transpired: "On motion of Councillor Snook Seconded by Councillor MacKenzie RESOLVED that item 10.3 Third Reading Zoning ByLaw Amendment 24 -26 Highmount Court, including third reading by title and its entirety and section 39 conditions, be reconsidered. Question being taken, the motion was carried with Mayor Norton and Councillor Merrithew voting nay. P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L7 126 Common Council City Solicitor June 29, 2012 Page 2 On motion of Councillor Snook Seconded by Councillor Reardon RESOLVED that third reading for the Zoning ByLaw Amendment 24 -26 Highmount Court be denied. Question being taken, the motion was carried with Mayor Norton, Deputy Mayor Reinhart and Councillor McAlary voting nay." Immediately prior to the motion for reconsideration having been made, the question arose as to whether Council had the jurisdiction to entertain such a reconsideration or whether the provisions of the Community Planning Act required that advertisement and a subsequent public hearing would be first necessary. My advice to Council at the time was that it proceed with the reconsideration on the basis that the Council's Procedural By -Law required that a reconsideration could only be given at the same meeting at which the motion to be reconsidered had been dealt. I further advised that I would examine whether or not it lay within Council's jurisdiction to undertake the reconsideration in a rezoning instance and provide a written opinion to Council in that regard. This correspondence constitutes my opinion. The Court of Appeal in New Brunswick in the case of Dexter Construction Limited v. The City of Saint John [1981] N.B.J. No. 158 dealt with a fact situation similar to that which obtains in the current circumstances. There, Dexter submitted that the Council's defeating an original motion to give first reading to a proposed zoning by -law amendment was a final decision which could not be reconsidered at the same meeting of the Council without the publication of a new notice as required by section 68 of the Act. (Section 68 is materially unchanged for our present purposes.) In arguing this position, Dexter relied upon the decision of Mr. Justice Stevenson in the case of Stocker v. City of Fredericton [1978], 21 N.B.R. (2d) 587. In the latter case the Council of Fredericton having concluded its public hearing process defeated a motion to give the proposed by -law first reading. At a subsequent meeting of Council a motion was proposed and adopted that the by -law be reintroduced for reconsideration following which, over the next two weeks three readings were given to the by -law and it was enacted. On those facts Mr. Justice Stevenson concluded that the City Council of Fredericton could not reconsider the negative decision that had been made initially; i.e. the decision to defeat the motion to give the proposed amendment first reading. Mr. Justice Stevenson in his decision wrote: 127 Common Council June 29, 2012 City Solicitor Page 3 "I adopt the statement of Cutter, J. in the Kitty case [Kitty v. City of Springfield (1961), 178 N.E. 2nd 580] as to the desirability of members of the public being able to ascertain the legislative status of a zoning change and to rely on a favourable action, final in accordance with applicable rules, as the complete defeat of the proposal." (paragraph 12) However the Court of Appeal in Dexter distinguished the Stocker case on the facts, in particular on the basis that in the Dexter case, unlike Stocker, the reconsideration by the Council had occurred at the same meeting at which the original motion had been defeated. The Court of Appeal alluded to the "...settled law that a municipal council, being a legislative body, has the right, in the absence of an express statutory prohibition, to reconsider, amend, repeal or re -enact by -laws and resolutions." (see paragraph 13) The Court went on to quote from the reasons of Anglin, J., in Re Dewar and East Williams (1905), 10 O.L.R. 463, at page 468 where he wrote: "The fullest right of reconsideration is generally recognized as one of the inherent rights of every deliberate body, unless such right is denied it or is limited by the power creating such body, or is relinquished or is restricted by its own internal regulations." Addressing specifically the facts of the Dexter appeal, Stratton, J.A., writing for the Court, stated: "In the instant case, there was no evidence of prejudice to any interest person resulting from what occurred at the meeting of the Saint John Common Council held October 17, 1977. It is my opinion that the Saint John Municipal Council could lawfully reconsider a vote which it had previously taken at the same meeting and that the reconsideration of the defeated motion for first reading was not prohibited by law. I therefore agree with the decision of the learned trial judge on this issue and find the first ground of appeal without merit." 128 Common Council City Solicitor June 29, 2012 Page 4 There have been no reported decisions which reverse or question the Dexter decision of the Court of Appeal; there is one reported case which questions an aspect of the decision and another which distinguishes the decision but neither decision bears upon the Court of Appeal's treatment of the matter of reconsideration. Dexter dealt with reconsideration of a defeated motion while the instance at hand deals with reconsideration of a successful motion to enact a by- law. There would seem in my view to be no principled reason to conclude that the position taken by the Court of Appeal on Dexter would not also apply in the circumstances at hand; in other words, a reconsideration was permissible at the June 18, 2012 meeting. However, there is one other critical aspect of Council's processing this matter on June 18, 2012 and it relates to the Procedural By -Law requirements associated with a reconsideration. Section 3.11 of the By- Law addresses "reconsideration" in the following language: "111 Reconsideration — any decision A motion to reconsider any action taken by the Common Council may be made only during the same meeting or at a recessed or adjourned session thereof. Such motion must be made by one of the prevailing side, but may be seconded by any member, takes precedence over all other motions, may be made at any time, requires a majority vote of the members present and it shall be debatable. Nothing herein shall be construed to prevent any member of the Common Council from making or remaking the same or any other motion at a subsequent meeting of the Common Council." As you can see, a motion to reconsider "must be made by one of the prevailing side ... ". The minutes indicate that the motion to reconsider was made by Councillor Snook, who the minutes also note, voted against the successful motion to give the proposed Zoning By -Law Amendment third reading by title. Consequently the motion to reconsider was not made by one of the prevailing side and thus was not in accordance with the terms of the Procedural By -Law. No motion was made to suspend the rules of the Procedural By -Law in this case and consequently it is my view that the motion to reconsider and the vote taken on that motion are invalid. The Dexter decision militates against a new reconsideration motion being made at a subsequent Council meeting. The result in my view, is that an 129 Common Council City Solicitor June 29, 2012 Page 5 amendment to the Zoning By -Law has been enacted to rezone the property at 24 -26 Highmount Court from "R -2" One and Two Family Residential to "R -4" Four Family Residential without section 39 conditions. The Commissioner of Growth & Development noted at the June 18 meeting that it is necessary that a rezoning amendment be filed in the County Registry Office before it becomes effective and that might have some bearing upon understanding whether reconsideration could occur without embarking anew on the process established in the Community Planning Act; i.e. appropriate public notice, public hearing and a decision of Council. It is my opinion that the scheme of the Community Planning Act operates to provide that once a Council has adopted a final decision to enact a Zoning By -Law Amendment, it has no authority to use the filing requirement as an indirect means to reverse its explicit decision to rezone. To argue otherwise would be to permit the entire notice /public hearing scheme of the Community Planning Act to be frustrated, would be contrary to the reasoning in Dexter, and such an argument would fail in my view. Respectfully Submitted, J Joh L. Nugent City Solicitor 130 REPORT TO COMMON COUNCIL M &C- 2012 -167 June 26, 2012 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Return of a Planning Application Fee: Municipal Plan Amendment and Rezoning Application 1000 Latimore Lake Road BACKGROUND: City of Saint John On Monday June 18, 2012, Common Council approved the staff recommendation to receive and file an application by Kimberly Wilson and Doug Cyr to amend the Municipal Plan, rezone the subject land, and complete a lot boundary adjustment in order to permit a landscaping and property maintenance business in the Rural Area of the City. The effect of this decision was that the application will not proceed to the Planning Advisory Committee for a recommendation or to Common Council for a Public Hearing. The applicants have since contacted City staff requesting that their $1,000.00 application fee be returned. ANALYSIS: The total cost of the required advertisement for the Municipal Plan amendment in the Telegraph- Journal was $888.45. The balance of the fee, $111.55, is meant to be applied to cover the required staff time for reviewing the application, liaising with the applicant, and writing the Report to Council. Since the time of this application, the fee for a Rezoning that includes a Municipal Plan Amendment has increased to $3,500.00 in an effort to recoup a larger share of the actual costs to process such a planning application. 131 M & C-2012 — 167 - 2 - June 26, 2012 The fee charged for the submission of a planning and development application does not imply that the application will receive a positive staff recommendation or an approval from Common Council. It is a cost - recovery mechanism that is charged to the proponents of new growth and development, to reduce the financial burden on existing tax payers. RECOMMENDATION: It is recommended that Common Council decline the applicants' request for the return of their application fee. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, CGA City Manager SF Project No. 12 -093 132 Cok4"C'N CI.EWS OFrlr.E JUN 2 0 1012 June 20, 2012 CITY OF 5AINTJOHN To his Worship, Mel Norton, and the members of Common Council, Transportation is the lifeblood of any community; goods must get to market, people to work and children to school. Whether you walk, bike, ride, drive a car or an 18 wheeler, we all share the roads. The Pedestrian Safety Standards of this city are a National Disgrace. This is due, in part, to antiquated and convoluted truck routes. On the West Side, from Simm's Corner to the port, 12 of the 14 cross streets are used as truck routes through a high density residential neighbourhood. One transport does the equivalent damage to roadways as 7000 passenger vehicles. Where possible, this traffic should be confined to Provincial highways as the city is reimbursed for maintenance. seek your support to abolish the unnecessary truck routes of Prince and Duke Streets West. This recommendation is supported by a Pedestrian & Traffic Safety report prepared by City Staff 10 years ago but was never submitted to Council, or so I'm told. With your endorsement and the cost of two strategically placed signs, we drastically reduce damage to our residential streets and begin to improve the deplorable Pedestrian Safety Standards on the West Side. Thank you, Mary Ellin Carpent 4 -9881 safeplaysi @gmail.com safeplaysj.wordpress.com 133 JNTJOHN ° E BAY (DF F U NDY � ANT JOHN � BAJE DE FUND` ,TTRACTIONS I ATTPACTIONS- VEDETTES 1. Carleton Martello Tower - Tour Carleton Martello 2. Cherry Brook Zoo - Jardin zoologique Cherry Brook 3. Irving Nature Park - Parc de la nature Irving 4. Loyalist House Maison Loyaliste Jew Brunswick Museum - Mu see du Nouveau- Brunswick 6. =Park & Jet Boat Rides - Chutes r6versibles 7. Rockwood Park & Campground - Parc Rockwood 8. Saint John City Market - Marche public I ARENAS MISCELLANEOUS I DIVERS lorman 24, Empire Studio 10 Cinemas Station 25. Spruce Lake Industrial Paris Alyea 26. Grandview Industrial Park Kasis Valley 27. McAllister Industrial Paris verbrook irray Memorial SHOPPING CENTRES r Collegiate Hurley CENTRES DACHATS 28. Uptown - Centreville •ommunautaire Brunswick Square le- Champlain Market Square 29. East - Est \S East Point Shopping Centre in Marina Exhibition Square geur II Dock McAllister Place nnebeccasis Yacht Club Parkway Mall in Power Boat Club Westmorland Mall :geur II Dock 30. West - Ouest Boat Club Lancaster Mall i Yacht Club 31. North _ � or Westfield To Brun Golf iu Point Country Clu LAND BAY N I �. ESTFIELD ; F1ig_hland /_ ��� Ferguson uson Lake X97 114 �� 112 V\ ( Nature r � 19 Grand Bay o O c---) - � 18 Dominion P rk -n / 1 Duck Cove Jet Kingston Peninsula KINGS ,OUNTY 1. Summerville I er s c _;w� runswi ' nt John) In Saint John/ Long Island Yl`,,eC�sts Ke.'1 Ashbul-n or - __/iLake Course Parc Rockwood Aark t~ z6� �O ®fir 4,8 `o C� rz Partridge I Cn Island (D mi �e� 0 �J Qa• � i A\ °+ f I 7 Y'. 1710, J • New Brunswick b ^ommunity College faint John Campus) 23 ROTHESAY ide Golf Country Club i 0 V6a F, M r�` BradleV Lake . ,� Rd �J _ y n 0 = N ct1 N L 3 p. s U 0 o T° I y u Movt�son Rd. Saint A Airpon 1m BEN LOMOND r1col J SA 'p $ g,�'~a r JC $ .� �' ' GRAND $AYWESTfIELD GLENBURN 7 TER. 8 y %p m FiL Eo MILFORD sT' ti 9 T A �( O 1 reter Murray emoria/ Arena St. Ros Barnhill C r tE O S DT �0 3--m n vct i Duck Cove WESTSIDE SAINT JOHN OUEST Deep Cora Point Marble Goat Prospect Cove IslandO Point Lee Cove Union "' ° "' Pnint Crow Park S` Il?((��.. y 0 2 P ^� a CASCADE( 7♦ d�'Have �,�C r! ''OVVt qt1 Seaside T Park — Will Lancaster Mall D s Reversing p� Falls avers �o8 Falls � Centre BRID EVIEN J� 2. ROC RE POINTS OF INTERESTI �ENDROITS INTERESSANTS SL Peters Riven'Iew 4 4♦i Harbour Park )/ View 1 tT Tower 1. Carleton Martello Tower -Tour Carleton Martello 2. Cherry Brook Zoo - Jardin zoologique Cherry Brook 3. Irving Nature Park - Parc de la nature Irving 4. Loyalist House - Maison Loyaliste 5. New Brunswick Museum, Market Square & Trade and Convention Centre - Musee du Nouveau - Brunswick, Market Square & Centre des congr6s de Saint John 6. Reversing Falls & Jet Boat Rides - Chutes r6versibles 7. Rockwood Park & Campground - Parc Rockwood 8. Saint John City Market - Marche public 9. Acadian Lines Bus Terminal - Gare d'autobus Acadian Lines 10. Barbour's General Store - Magasin general Barbour 11. Brunswick Square 12. Canada Games Aquatic Centre - Centre aquatique des Jeux du Canada 13. Cathedral of the Immaculate Conception - Cathedrale de I'Immacul6e- Conception 14. Church of St. Andrew and St. David - Eglise de St. Andrew and St. David 15. Old County Courthouse - Palais de justice 16. Cruise Welcome Centre - Centre d'accueil des croissieres 17. Firefighters Museum - Muses des pompiers 18. Fort Howe Lookout - Poste d'observation Fort Howe 19. Harbour Passage - Passage du port 20. Reversing Falls Lookout - Poste d'observation des Chutes reversibles * Fort Howe rE a• ajN1 '". .G 5 . C yr O S�c1le g 7'. -Hl Quartier commercial 0 L T•.:. 2 LONG WHARF Comunity /Recreation Centre ort =CT m90 La Tour S NL� y i \ GORE c Q \� ST. mPPp $' Portland Point ..a Terrain de golf m Arena Q UPTOWN SAINT JOHN CENTRfVILLf 21• N_ SEWELL -W P4 ..rnr,rr.,r. 03 F wWg� 12 j w � 6! �O ° fA 1 2 d, 4• N. MARS �_ _ Sj9j' N5f *ARKET I T 1 1 �S. MARK North RF A Mark V \ Wharf Ir \_ t31 Id 'r �yC�ieton S JNT JOHN WHAR t �o Curling Club EST Job �1Q�, liVr G1: 1 Pugsley it ST. LN 2GaPP�O. /�s�m� Wharf 9 9 tr . �.A� p m E Saint John 14 f� ,/�� ✓ "� _: John W -�- q 4✓ Q °oj �✓6`_` . 1 • it,: �°lJ asp+, Reeds MARDIt �0�" `�J is� /l // Hal rent r I II 7 1 Saint a 96 y�o ♦�.oy� �3h `ti John ��oA It It LowellSt. �� s Harbour 'I Park r Provincial Highway Route provinciale RegionallMajor Road Route rAgionale Main Street Rue principals Other Street Autre rue _ Private Street Rue privee �a1 Exit Number FI 5". "`ate'\� 3 V r VI / /yat Vincent's r7 2DCpLi Fry IV V Cr \ 90 MARR,S P' Prince + AEG Ch^ s 240 > rLV,- , SO. N. . 23 ,A KING L s •17 © 32 S L • J 22 OSL Malachy's. ASS _ Me/norial r - -- t U) l GRAN E- _J L� I. II i MECKLENBUR a QUEEN F 2 SQ. 25 QUEEN o St 0 -- Q QUEEN ;A 0 St. B,- ST. S ANDREWS the B�PtisU _ _ King Edwarc PMES tl Rainbowz BRITAIN .i Park ij BROADVIEW. AVE —= LEGEND I LEGENDE ROTHfSAY /G cR: T o 0 y Ln.Fe a `rq v� waYnry 4 • � UQ� %... PEA m 1 - -7 :A CdRAInGE eygr // v "' Iv perstom Mall ...AID-. u �On Sob.ys - Plaza f`AIRVALE n , AVE DOBBI 61ERRA Spy w FOEry AVE o .Np / ROBINSON N . ST ,{+ �BN GR: LENNOX DR r; 1 % LENwopq 9 wo00U NO aAn / 0 £3 W $GO F .O UOGHLN Dq. SPRVcFAoo0 3 AVE ION. .AVE b Irr A aYl =r AN CR. r .vna Rvmv. E]L� a HIGHLnNO a MFN�DE /HILLCRW OR = D RILIERTON � Hawo LN. iodpaleY �W ER b CWb u1 ALMON N LN JO ST w f, t \..w.cnilAR' y ra h da0yi �oG pJE Y J m3 h .� �.r 1V \ DH+�� kA , �A o ' too r � )nrrr(rI COLLEGE 114. R. �j t Cmr F © . y _ LN niuSON OR . R6 _ N. ./ SCON a �RD � pa OR SIR IFflSHA W V RD. `( 3sG188o RD. DIO`E4� �u `''D�a HORTON RO L+ MAPLECRE R AVE �^ rG Shopping District Point of Interest Quartier commercial 0 Point d'intEirAt Park /Conservation Area Comunity /Recreation Centre Parc / Lieu protege 'Q Cenmtre communautaire Gott Course Terrain de golf ,! Arena ArEna t: Cemetery - Cimetiere BasebalVTerrain de baseball © Hospital Soccerlrerrain de soccer H6pital Care /Rehabilitation Centre Tennis/Court de tennis Centre de soins! ^ ROTHfSAY /G cR: T o 0 y Ln.Fe a `rq v� waYnry 4 • � UQ� %... PEA m 1 - -7 :A CdRAInGE eygr // v "' Iv perstom Mall ...AID-. u �On Sob.ys - Plaza f`AIRVALE n , AVE DOBBI 61ERRA Spy w FOEry AVE o .Np / ROBINSON N . ST ,{+ �BN GR: LENNOX DR r; 1 % LENwopq 9 wo00U NO aAn / 0 £3 W $GO F .O UOGHLN Dq. SPRVcFAoo0 3 AVE ION. .AVE b Irr A aYl =r AN CR. r .vna Rvmv. E]L� a HIGHLnNO a MFN�DE /HILLCRW OR = D RILIERTON � Hawo LN. iodpaleY �W ER b CWb u1 ALMON N LN JO ST w f, t \..w.cnilAR' y ra h da0yi �oG pJE Y J m3 h .� �.r 1V \ DH+�� kA , �A o ' too r � )nrrr(rI COLLEGE 114. R. �j t Cmr F © . y _ LN niuSON OR . R6 _ N. ./ SCON a �RD � pa OR SIR IFflSHA W V RD. `( 3sG188o RD. DIO`E4� �u `''D�a HORTON RO L+ MAPLECRE R AVE �^ rG June 05, 2012 Mayor Mel Norton Mayor, City of Saint John Saint John, N.B. Your Worship and Councilors; I wish to bring to your attention an issue, which, if not solved could have legal consequences for the City of Saint John. Before I retired from the Saint John Police Force in Dec. 2010, 1 submitted a CPTED (Crime Prevention Through Environmental Design) plan outlining the safety issues with the bus stop on Sydney St. by the Golden Ball Building. The Plan was submitted in May of 2010. The Plan was submitted to the Recreation Dept. Heritage Board and Transit Commission. There were recommendations on solutions to this safety issue in the plan. Frank McCarey, Manager of Saint John Transit and I made a presentation to the Heritage Board explaining the safety issues with this bus stop. This was on Aug. 04, 2010. They were supposed to get back to us within a month and when I left in Dec. 2010 we had heard nothing from them. I read in the paper one of our "locals" was charged with Creating a Disturbance at this shelter in Aug. 2011. At that time he told a female to get out of the shelter. This same "local" was charged in March of 2012 again at this bus shelter with Creating a Disturbance. This time he and his "friends" were "camped" out in the shelter drinking. This goes back to my CPTED Plan concerning Territoriality of this shelter. The "locals" appear to have claimed this as "theirs ". There were several meetings concerning this issue and nothing has been done. The last information I had before retiring was the Heritage Board was supposed to get back to the stakeholders. Frank McCarey and myself gave a presentation outlining the safety issues and what needed to be done to fix the issue. Frank McCarey was willing to replace the shelter with a new modern shelter. There were also discussions with Uptown Saint John on a move to modernize all shelters in the Uptown Area. When a shelter needed to be replaced then the same model would be placed everywhere in the Uptown area. A simple solution, which was suggested in the CPTED Plan, was to remove the bench or make the benches difficult to lie on and then the 136 "drunks" would have no place to lie down. This would have been a temporary measure until a decision was made on the shelter. I have talked to the Saint John Police Force Community Officer recently and he advises there has been no solution to this problem. I realize the bus stop was donated to the City. However safety comes first. If there is an issue of Heritage or who is responsible then maybe this building could be moved and used for a different purpose. There are several options available on this issue. There have been two incidents at this shelter in less than a year both involving the same person. I do not want to see anyone get hurt. Respectfully submitted, Robert Buck, Sgt. (Retired) Certified in CPTED and Advanced CPTED bucks@nb. sympatico.ca 137 REPORT TO COMMON COUNCIL July 11 h, 2012 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors City of Saint John SUBJECT: Network Connection between Fire Station 1 and Police Head Quarters BACKGROUND: Connectivity and a reliable communication system are critical for the City's operations. Given the large geography of Saint John connecting all municipal buildings is a challenge. The City's IT service leverages various technologies and services to connect infrastructure, staff, and service areas. When emergency services and 911 require connectivity the level of reliability is crucial to effective public safety operations. The City of Saint John 911 Call Center, the Public Safety Communication Center (PSCC), answers 911 calls for emergency and coordinates the emergency responses of the City's Police Force and Fire Department. Located in City Hall, the Centre received and processed over 15,000 calls for emergency in 2011. During every emergency call PSCC operators log vital information on the emergency into a central Computer Aided Dispatch (CAD) system. The CAD system and the information it processes is an integral and key component of PSCC operations and the responses of emergency services (Police and Fire). This system must be "highly available "; operational and connected 24 hours a day every day. I The PSCC will be moving to a new purpose built high performance dispatch center located in the heart of the new Police Head Quarters in Peel Plaza. The new center is designed to be highly available, including being able to provide continuity of service from a secondary location. In order to provide a highly available 911 service the network connectivity must be highly available and have multiple links. The purpose of this report is to outline the need for a secondary network connection and seek Council approval of the contract required to implement this network connection. 1 High availability is generally measured in percentage of uptime of the system, where 100% is always available. 911 systems are designed to have an operational uptime that is greater than 99.9999 %. This translates to a system downtime of less than 32 seconds per year. 138 ANALYSIS: The City's primary Computer Aided Dispatch (CAD) system is located at a secure backup location in the city. PSCC operators in the new Centre will leverage the City's network to connect to the Dispatch System. Portions of the route between Police Head Quarters and the secondary location traverse a managed Ethernet service provided by Bell Aliant. This service, called Aliant Ethernet (AE), is cost effective and provides excellent performance for normal business operations. However, the service is not considered highly available and Bell Aliant only promises a service uptime percentage of 99.9 %, which translates to 525 minutes per year or approximately three council meetings a year. The City's IT Service identified CAD connectivity reliability as an issue early into the Peel Plaza project. IT concluded that in order to raise network connectivity to highly available a second diverse connection would be necessary. The City's IT department investigated a number of solutions which included: 1. Private fiber links; 2. Wireless bridge; and 3. Additional managed Ethernet connection. Option 1 was considered the best as they would provide flexibility, functionality, and result in minimal impact to the City's Operating budget, however, they would require upwards of $150,000 of Capital. This option was rejected because it would provide more bandwidth and features than was required, and the funds were not available. Option 2 leveraged WiFi to connect the builds and would cost approximately $5,000 for the devices, however, the solution is not feasible because it requires "line of sight" and there are a number of office buildings blocking the path. It was also determined that option 2 would not be reliable enough since inclement weather (particularly heavy rain and snow) would effectively block the signal. For Option 3 - the recommended option - Bell Aliant and the City's IT department is required to design a secondary connection that utilizes completely separate infrastructure. Bell Aliant can provide the link and necessary infrastructure at a Capital cost of $18,500 plus a monthly maintenance cost of $1000. The service will provide the necessary bandwidth at a cost effective rate, and Bell Aliant have the experience and infrastructure to meet and exceed the reliability requires. FISCAL IMPLICATIONS The capital requirements for the link are normally $18,500. However, if the City commits to a 36 month contract the Capital cost will be reduced to $5,000. This $5,000 is a planned expense in the 2012 budget and funds have been included within the IT Fit -Up budget for the Police headquarters. Furthermore, other operational savings and efficiencies will be result from the Police Force occupancy of Police headquarters and these savings will offset approximately half 139 of the secondary link expense. Therefore, the net impact on the budget will be $500 per month with funds available in the IT operating budget. CONCLUSION: Emergency 911 services require a highly available network. In order to achieve this requirement a secondary network connection is necessary and the most cost effective means of achieving this requirement is to purchase the service from Bell Aliant. The capital and operating costs of the project were budgeted for in the 2012 budgets. RECOMMENDATION: It is recommended that the Mayor and Common Clerk be authorized to sign the necessary Bell Aliant Ethernet Services Schedule contract for a fiber link between PHQ and the secondary location. Respectfully submitted, Z��22r��- Brian Woods, M.Sc. Manager, Information Technology Jacqueline Hamilton, MCIP, RPP Commissioner, Strategic Services J. atrick Woods, C.G.A. Manager 140 REPORT TO COMMON COUNCIL July 16, 2012 His Worship Mayor Mel Norton Deputy Mayor Rinehart, and Councillors City of Saint john Subject: Laserfiche RIO Software Upgrade - Saint John Information Management (SJIM) Project Phase 3 Your Worship and Councillors, At its July 3, 2012 meeting, Council adopted the following resolution: "RESOLVED that as recommended by the Common Clerk and City Manager in the submitted report M &C 2012 -165: Laserfiche RIO Software Upgrade - Saint John Information Management (SJIM) Project Phase 3 that notwithstanding the City's Procurement Policy for engagement of professional services, RICOH be engaged as a sole source provider at a cost not to exceed $90,000 for upgrading the City's present Laserfiche system to Laserfiche RIO, and that the Mayor and Common Clerk be authorized to execute the necessary documents." Inadvertently the HST for the upgrade was excluded from the cost. The net impact for the HST is approximately $3,000. RECOMMENDATION That the Mayor and Common Clerk be authorized to amend the contract to include HST. There is money in the budget allocated to the SJIM Project to cover the upgrade costs. Respectfully submitted, Elizabeth Gormle� Common Clerk 141 C� atrick J. Woods City Manager Fr, r••-1 2 O O v 0 rr� w N 0 N N 0 N _N ti C .Q, Q u � U O zU o O U 03 o x � is .o w O Cd O U t," 0 N bo 46 ° coq 2 ° 0 o~ N � 4. Cd 55 0 o 0, �: cd 2 a� 0U 2" � 4� =4) !:s on P4 on a� to > lu — 1-4 CA a" b .� 3 ti P, U p� i by ? o to o . � 0 N o 3 N 0 va 'a 19 o A- ,�O .4 U ° �$" CtS 4-4 in C/1 c6 b 0 44 ? r� " 0 on A � � X 00 cd bJ0 �, o 0 r. o Ll C� Q�, '�, +r-c cd � rY. • •�"• �' "" L". � ' � N � W N � OOr N O o H H o c o o °' i o U 5 > o 4.4 ° �, co �° v oo C,4 0 cd 142 O, +' O 'O U r. 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X 0 U O 2 d FO„ �'C N W Swo N M t} o 0 o V r 0i" � � o � C 144 REPORT TO COMMON COUNCIL M &C2012 -187 July 12, 2012 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Contract No. 2012 -4: Alward Street Sanitary Sewer Installation BACKGROUND 6 The City of Saint John The 2012 Water & Sewerage Utility Fund Capital Program includes funding for the installation of new sanitary sewer to upgrade the Woodward Avenue sewer connection at Donaldson Street and Alward Street. The work consists generally of the supply of all necessary labour, materials and equipment for the installation of new sanitary sewer along a City owned right of way between Donaldson Street and Alward Street and continuing along Alward Street to Woodward Avenue. TENDER RESULTS Tenders closed on July 11, 2012 with the following results: 1. Galbraith Construction Ltd., Saint John, NB $467,082.43 2. Fairville Construction Ltd., Saint John, NB $486,933.39 3. Gulf Operators Ltd., Saint John, NB $607,802.76 The Engineer's estimate for the work was $549,000. ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal with the exception of a tender from H. E. Merchant & Sons Ltd. where the tenderer failed to initial a change in price and did not comply with the provisions of the Tender Documents. The tenderer failed to comply with the provisions of the Tender Documents by not substituting the revised Division 4.5 sheets as required by Addendum #1. The H. E. Merchant & Sons Ltd. tender was rejected by the Tender Opening Committee in accordance with General Specifications Division 2 — Instructions to Tenderers and Tendering Procedures Items 2.8.03 h) and 2.8.03 i). Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work and recommend acceptance of their tender. 146 M &C2012- 187 July 12, 2012 Page 2 FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2012 Water & Sewerage Utility Fund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by City forces and Others. The analysis is as follows: Budget Project net cost Variance (surplus) $800,000 $489,000 $311,000 POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract 2012 -4: Alward Street Sanitary Sewer Installation be awarded to the low tenderer, Galbraith Construction Ltd., at the tendered price of $467,082.43 as calculated based upon estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, 9F 'I,-, Jodi Stringer -Webb, P. Eng. Municipal Engineer ��Rl Wm. Edwards, P. Eng. Commissioner Transportation and Environment Brian Keenan, P. Eng. Engineering Manager J. Patrick Woods, CGA City Manager 147 REPORT TO COMMON COUNCIL M &C2012 -186 July 12, 2012 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: The City of Saint John SUBJECT: Engineering Design and Construction Management: Spruce Lake, North End & Latimer Lake Water Transmission Main Inspections BACKGROUND The 2012 Utility Fund Capital Program includes funding for inspection and detailed condition assessments of three critical segments of water transmission main pipelines. The pipelines and the associated chambers containing valves and various appurtenances will be inspected using the best available technologies in the following areas: 1. West industrial main from Spruce Lake to Irving Pulp and Paper. Pipeline consists of both 1350mm and 1500mm concrete pressure pipe installed in the early 1970's. 2. North End transmission main from Forest Street to the Reversing Falls Bridge. Pipeline consists of 900mm diameter concrete pressure pipe installed in the 1960's. 3. Two raw water transmission tunnels transfer water from Robertson Lake to Latimer Lake under the Saint John Airport Runway. The 1200mm concrete tunnel was constructed in 1905 and the 1500mm concrete pipe tunnel was built in the 1960's. The projects include funding necessary to engage engineering design and project management services to complete the following: • Part A — Site Surveys, Preliminary Investigation and Data Collection • Part B — Cost Estimates, Recommendations and Design Report • Part C — Design and Specifications • Part D — Tender Period Services, Inspection Findings and Recommendations, Red Books and Record Drawings • Part E — Construction Management and Fieldwork Supervision .• M &C2012 -186 July 12, 2012 Page 2 PURPOSE The purpose of this report is to snake a recommendation for consulting engineering services for this project. ANALYSIS On June 19, 2012, with a comprehensive and detailed scope of work document developed by staff, a proposal for consulting engineering services was requested from CBCL Limited. In response, CBCL submitted a proposal on June 26, 2012. Staff was previously authorized to conduct negotiations with this consultant for engineering services for the Spruce Lake, North End & Latimer Lake Water Transmission Main Inspection projects. A Review Committee consisting of the following staff completed an analysis of the submission: • Brian Keenan, P. Eng. Engineering Manager • Dean Price, P. Eng. Municipal Engineer • Nicole Taylor, M. Eng., P. Eng. Operations Manager, Water Resources and Quality • Chris Roberts, BBA, SCMP, CPPB Buyer - Materials Management Each member completed an independent review of the submission, and a subsequent meeting of the Review Committee was held to jointly discuss the information presented in CBCL's proposal. The price contained in the proposal was also evaluated by the Committee and the submission from CBCL met all of the requirements of the request for proposal, in a manner acceptable to the Committee, with a cost - effective bid for the project. FINANCIAL IMPLICATIONS The proposed cost of the work from CBCL to provide the design and construction management services is $147,849.20 including the HST based on an estimated 322 hours of construction management and field supervision. A total amount of $1,160,000 was included in the 2012 Water & Sewerage Utility Fund Capital Program to cover the cost of the design, pipeline inspection /condition assessment and construction management for all three projects. The remainder of the funds are budgeted for engaging contractors who specialize in the internal pipeline inspections and various support services that are required. 149 M &C2012 -186 July 12, 2012 Page 3 Engineering fees to cover the cost of design and construction management generally do not exceed 15 -20% of the total overall project cost, depending on the nature of the project and the engineering services required. This proposed fee is approximately 13% of the total overall project budget, which is considered appropriate for this type of project. POLICY — ENGAGEMENT OF ENGINEERING CONSULTANTS Notwithstanding the City's Procurement Policy for engagement of Professional Services, Common Council has authorized staff with the approval of M &C 2012 -78 to conduct negotiations for the engagement of an engineering consultant for this project. The costs incurred by the consultant will be paid in accordance with the terms of the Request for Proposal at the rates submitted and accepted in the consultant's proposal not to exceed the Recommended Minimum Hourly Rates as contained in The Association of Consulting Engineering Companies — New Brunswick fee guideline. The Construction Management component of this project fee is based on an estimated construction period. The final fee will be calculated based on the actual construction management period. RECOMMENDATION It is recommended that the proposal from CBCL Limited for engineering services (design and construction management) for the Spruce Lake, North End & Latimer Lake Water Transmission Main Inspections be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Respectfully submitted, Dean Price, P. Eng. Municipal Engineer Wm. Edward r, P. Eng. Commissioner, Transportation & Environment 150 Brian Keenan, P. Eng. Engineering Manager J. Patrick Woods, CGA City Manager REPORT TO COMMON COUNCIL M &C2012 -184 July 11, 2012 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: The City of Saint John SUBJECT: Materials Testing and Inspection Services — Asphalt Concrete, Portland Cement Concrete and Soils Compaction for 2012 BACKGROUND On September 12, 2011, in M &C 2011 -235, Common Council approved the award of Material Testing and Inspection Services - Asphalt Concrete, Portland Cement Concrete and Soils Compaction to Gemtec Limited for 2011. These services included: • Asphalt Concrete mix and placement; • Portland Cement Concrete; • Soils Compaction In each of these three areas, there are significantly different services required in providing for inspection and testing. Asphalt concrete requires a number of tests on both its physical and chemical properties. Portland cement concrete requires a number of field tests as well as a physical stress test for which the City does not possess the equipment. Soils compaction testing involves both field and laboratory evaluation for base /subbase aggregate for road construction, retaining wall construction and other projects. City Staff have been working with an independent Consultant to improve the City's Quality Control and Quality Assurance process with respect to Materials Testing and Inspection Services. Staff is confident this enhanced document for Materials Testing and Inspection Services will be ready in time for a public call for proposals for Materials Testing and Inspection Services for 2013. PURPOSE The purpose of this report is to seek Council's approval to extend the 2011 Materials Testing and Inspection Services Agreement with Gemtec Limited for the 2012 construction season. 151 M &C2412 -184 July 11, 2012 Page 2 FINANCIAL IMPLICATIONS The original Agreement fee for Gemtec Limited to provide Materials Testing and Inspection Services for 2011 was approximately $165,387.37 based on estimated quantities. To date the costs have amounted to $62,344.48. The cost for the Materials Testing and Inspection Services in 2012 is estimated to be $ 150,000.00, bringing the overall contract amount to $212,344.48. Funds to cover the cost of these services are included in the 2012 Operating Program, General Fund and Utility Fund Capital Program Budgets. POLICY CONFORMANCE The costs incurred by the consultant will be paid in accordance with the terms of the 2011 Agreement for Materials Testing and Inspection Services, Asphalt Concrete, Portland Cement Concrete and Soils Compaction at the rates submitted and accepted not to exceed the Recommended Minimum Hourly Rates as contained in the Association of Consulting Engineering Companies — New Brunswick fee guideline. RECOMMENDATION It is recommended that the 2011 Materials Testing and Inspection Services Agreement with Gemtec Limited be extended for 2012 and that the original Agreement be increased to an amount of $212,344.48. Respectfully submitted, //110V Rod Mahaney C.E.T. Engineering Technologist 1 Wm. Edwards, ng. Commissioner Transportation and Environment Kevin Rice, B.SC., CET Deputy Commissioner J. Patrick Woods, CGA City Manager 152 M & C — 2012 -183 July 10, 2012 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: City of Saint John SUBJECT: The Power Commission of the City of Saint John Public Utility Easement - Eagle Blvd. PID #55064018 BACKGROUND: The Power Commission of the City of Saint John has requested from the City two Public Utility Easements; one having 40 square metres and another consisting of 15 square metres. The easements are to be located on Land for Public Purposes (LPP) off Eagle Boulevard. The land is currently vacant. The easements will contain small, above ground utility cabinets and will be utilized to reroute electrical systems when problems arise to ensure serviceability for this area. The purpose of this report is to ask Council to grant two Public Utility Easements in favour of The Power Commission of the City of Saint John for the purpose of installing below and above ground utility structures, as per the terms and conditions as set out in the attached agreement. RECOMMENDATION: 1. That The City of Saint John grant two Public Utility Easements to The Power Commission of the City of Saint John, identified as Parcels E -1 and E -2 as shown on an attached survey plan titled, "Plan Of Survey Showing Easements Required By The Power Commission Of The City Of Saint John" for the sum of $500.00 plus H.S.T. (if applicable) for each of the two easements in a portion of PID Number 55064018, located off Eagle Boulevard, as generally shown on the attached survey plan, on or before September 30, 2012, subject to the terms and conditions as set out in the attached agreement; and 2. that Common Council assent to the attached Plan of Survey for any public utility easements; and 153 3. the Mayor and Common Clerk be authorized to sign any document required to facilitate this granting. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, C.G.A. City Manager CL /c Attachments 154 PID 55064018 EASEMENT FOR DISTRIBUTION SITE [FOR NON -LAND TITLES] THIS INDENTURE made this day of 2012. BETWEEN: THE CITY OF SAINT JOHN, having its City Hall at 15 Market Square, P. O. Box 1971, Saint John, New Brunswick, E2L 4L1, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "Grantor' OF THE FIRST PART -and- THE POWER COMMISSION OF THE CITY OF SAINT JOHN, a Commission, having its registered office at 325 Simms Street, Saint John, New Brunswick, E2L 4C7, hereinafter called the "Grantee" OF THE SECOND PART WHEREAS the Grantee is a Commission created by the Common Council of The City of Saint John; and WHEREAS by an Act of the Legislative Assembly of the Province of New Brunswick enacted 1960 9 Eliz. II C157, the Grantee is "authorized, enabled and empowered to hold in its own name properties designated for its use as easements and rights of way ", WITNESSETH that the Grantor for and in consideration of the sum of One Dollar ($1.00) of lawful money of Canada to the Grantor in hand well and truly paid by the Grantee at or before the ensealing and delivery of these presents and for other good and valuable consideration, the receipt whereof is hereby acknowledged, hath granted, bargained, sold, aliened, released, conveyed and confirmed and by these presents cloth grant, bargain, sell, alien, release, convey and confirm unto the Grantee, its successors and assigns, the exclusive right, privilege, authority and easement in perpetuity to the following upon, across, over, and/or under a parcel of land situate, lying and being at Saint John, Province of New Brunswick, being more particularly shown and described in Schedule "A" attached hereto (the Easement). 1. To enter on, over, across, or under the Easement for the following purposes: (a) to lay down, install, construct, operate, maintain, inspect, patrol, alter, remove, replace, repair, reconstruct and safeguard lines of telecommunications including, without limiting the generality of the foregoing, cabinets for the housing of the Grantee's system's works, pads, telecommunications equipment, data transmission and processing equipment, switching stations and equipment, together with all conduit, apparatus, fixtures, instruments, fittings and equipment of every nature and kind as part of the continuous network of telecommunication and data transmission operated by the Grantee (all of which is referred to as the "Transmission Facility ") and any appurtenances thereto; 155 (b) to clear the Easement and keep it cleared of all or any part of any trees, growth, buildings or obstructions, now or hereafter on the Easement which might, in the opinion of the Grantee, interfere with or endanger the work contemplated in paragraph (a) above. 2. Generally to do all acts necessary or incidental to the exercise of the rights and privileges granted herein, including the right, privilege, authority and easement for the Grantee, its workmen, agents, employees, successors and assigns of ingress and egress for its workmen, employees, agents and their equipment to the nearest public street or roadway over the land of the Grantor adjacent to the Easement. TO HAVE AND TO HOLD the said right, privilege, authority and easement hereby granted or meant, mentioned or intended so to be with the appurtenances thereto unto and to the use of the Grantee, its successors and assigns, FOREVER. This Easement is granted upon the express condition that (i) the Grantee shall be responsible for damage which may be caused in the exercise of the right and easement herein granted by employees or agents of the Grantee to the property of the Grantor adjacent to the Lands; (ii) the Grantee shall save harmless and indemnify the Grantor, its servants, agents and contractors from and against any and all actions arising from the installation of the Transmission Facility; (iii) the Grantee shall name the Grantor as an additional co- insured with regards to the installation and operation of the Transmission Facility; and (iv) after installation of the Transmission Facility, the Grantee reinstate the surrounding property to the same condition as existed prior to such installation, This indenture shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF the parties hereto have caused these presents to be duty executed the day and year first above written. SIGNED, SEALED & DELIVERED 156 THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 2012 THE POWER COMMISSION OF THE CITY OF SAINT JOHN Per: And: SCHEDULE "A" All those certain lots, pieces or parcels of land situate, lying and being in the City of Saint John, in the County of Saint John and Province of New Brunswick and more particularly designated "Parcel E -1" area = 40 sq. m. and "Parcel E -2" area 15 sq. m. on a Plan of Survey (Dwg. No. 07- 404-C) prepared by Fulton Surveys (2004) Ltd. entitled "Plan of Survey Showing Easements Required by The Power Commission of The City of Saint John from The City of Saint John Eagle Boulevard, City of Saint John, County of Saint John, Province of New Brunswick" dated June 13, 2012 surveyed by Brian Walsh, N.B.L.S. #342 and attached hereto and forming a part hereof. 157 NAIL " MS.M N.M. CRIB CJ OINATE tlaGIFS O �vr ,bllpaY err. 1xmYamma„. - 01IJ I PLAN OF SURVEY SHOWING EASEMENTS ` O �vr i&% EAGLE BOULEVARD, CITY SAjNl i HN. % COUNTY OF SAIWO)OHN, PROVINCE OF NEW BRUNSWC& Lo' 9J tuETOR .7 z -� uo I AM5 — 07 =-1,0'4 - rl 00 CC) 01IJ I PLAN OF SURVEY SHOWING EASEMENTS ` REQUIRED BY THE POWER COMMISSION OF THE crry OF SAINT JOHN FROM THE CITY OF SAINT JOHN i&% EAGLE BOULEVARD, CITY SAjNl i HN. % COUNTY OF SAIWO)OHN, PROVINCE OF NEW BRUNSWC& Lo' 9J tuETOR .7 z -� uo I AM5 — 07 =-1,0'4 - rl PLAN OF SURVEY SHOWING EASEMENTS ` REQUIRED BY THE POWER COMMISSION OF THE crry OF SAINT JOHN FROM THE CITY OF SAINT JOHN i&% EAGLE BOULEVARD, CITY SAjNl i HN. % COUNTY OF SAIWO)OHN, PROVINCE OF NEW BRUNSWC& Lo' 9J tuETOR .7 z -� uo I AM5 — 07 =-1,0'4 - rl PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, ELIZABETH A. GORMLEY, of the City of Saint John, in the County of Saint John and Province of New Brunswick, MAKE OATH AND SAY:- 1. THAT I am the Common Clerk of the City of Saint John and have custody of the Common Seal hereof. 2. THAT the Seal to the aforegoing instrument affixed is the Common Seal of the City of Saint John and that it was so affixed by Order of the Common Council of the said City. 3. THAT the signature "Mel K. Norton" to the said instrument is the signature of Mel K. Norton, Mayor of the said City, and the signature "Elizabeth A. Gormley" thereto is my own signature. 4. THAT we are the proper officers to sign the aforegoing instrument on behalf of the City of Saint John. SWORN TO BEFORE ME at the City of Saint John, in the County of Saint John and Province of New Brunswick this of , 2012. Lynda 0. Farreli Commissioner of Oaths Being a Solicitor 159 Elizabeth A. Gormley PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, County of OATH AND SAY THAT: Of , in the . and Province of New Brunswick, MAKE 1. 1 am the of the Power Commission of the City of Saint John (the "Commission "), the Grantee named in the foregoing instrument and have custody of the corporate seal of the Commission and am duly authorized to make this Affidavit. 2. The seal affixed to the said instrument purporting to be the corporate seal of the Commission is the corporate seal of the Commission and was so affixed to the said instrument by me as such by order of the Commission. 3. The signature " " subscribed thereto is the signature of the of the Commission. The and the are the duly authorized signing officers of the Commission. SWORN TO at the City of Saint John, in the County of Saint John and Province of New Brunswick this day of 2012. BEFORE ME: A Commissioner of Oaths Being a Solicitor 160 REPORT TO COMMON COUNCIL M &C2012 -181 July 12, 2012 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Environmental Trust Fund — Letter of Offer BACKGROUND The City of Saint John The New Brunswick Department of Environment advised The City of Saint John of its obligation to complete an Environmental Risk Assessment for the Eastern Wastewater Treatment Facility by December 31 St, 2013. Included in the Environmental Risk Assessment is an effluent characterization to be completed over a one year period. The recently adopted Canada -wide Strategy for the Management of Municipal Wastewater Effluent requires a site - specific Environmental Risk Assessment be performed for all municipal wastewater effluent discharging to surface water. The site specific Environmental Risk Assessment is critical in establishing effluent discharge objectives for each facility to protect human health and the receiving environment. The City of Saint John engaged CBCL Limited in April, 2012 to complete the required Environmental Risk Assessment for a lump sum fee of $21,500 (plus applicable taxes). The City was advised by Department of Environment it would be eligible to receive up to $10,000 of Environmental Trust Fund monies towards the cost of performing the Environmental Risk Assessment. Saint John Water received a letter from Mr. Bruce Fitch, Minister of Environment and Local Government, Province of New Brunswick advising that our submission had been accepted and that The City of Saint John would receive $10,000 support towards the expense of performing the Environmental Risk Assessment. In order to receive the funds under this program, it is necessary for the Mayor and Common Clerk to sign the Letter of Offer (copy attached). 161 M &C2012 -181 July 12, 2012 Page 2 RECOMMENDATION RESOLVED that the Mayor and Common Clerk be authorized to sign the attached Environmental Trust Fund Letter of Offer for Environmental Risk Assessment, Eastern Wastewater Treatment Facility — Saint John (Project No. 120030). Respectfully submitted, Kendall Mason, P. Eng., PMP Deputy Commissioner, Saint John Water mEdwards, P. g. Commissioner Transportation and Environment J. Patrick Woods, CGA City Manager 162 ENVIRONMENTAL TRUST FUND LETTER OF OFFER Re: Environmental Risk Assessment, Eastern Wastewater Treatment Facility - Saint John Project No.: 120030 The goals of this project are consistent with ongoing departmental initiatives and as such will contribute to important environmental objectives. Designated staff within the Department of Environment and Local Government (ELG) will be following the project to ensure that the outcomes are properly incorporated into appropriate departmental program areas. With respect to your application to the Environmental Trust Fund (ETF), an offer of financial assistance is hereby authorized by the Department of Environment and Local Government, hereafter referred to as the "Department" for the project herein contained subject to the following conditions. For the purposes of this project, the project costs are as follows: Eligible Project Costs: $10,000 for activities as set forth in proposal the project must follow Part A of "Technical Supplement 3 - Standard Method and Contracting Provisions for the Environmental Risk Assessment" of the Canada -wide Strategy for the Management of Municipal Wastewater Effluent (http://www.ccme.ca/ourwork/water.html?category_id=8 1). • must work closely with Department staff - Tony Whalen Ineligible Project Costs: In addition to the foregoing, this offer is subject to the following terms and conditions: This offer is governed by the laws of the Province of New Brunswick. 2. No contributions shall be made by the Department from the ETF with respect to any costs incurred other than the eligible project costs. The Department may approve eligible costs other than those set out above, but no costs except those specifically approved in writing by the Department will be considered eligible project costs for the purposes of this offer. The total Environmental Trust Fund contribution to the project will not exceed the original Environmental Trust Fund award. 3. No changes shall be made in the scope and specifications of the project without written consent from the Department. 163 4. A mandatory interim progress report is to be submitted by October 31" 2012 (see attached). All financial claims received after this date will not be processed until the interim progress report has been received. Upon receipt of an award letter from the Department and upon acceptance of this Letter of Offer, the proponent may request an ongoing advance of funds for the approved project. The maximum advance that may be provided is 20% of the total award, or an amount mutually agreed to by the proponent and the Department. This amount does not have to be accounted for until the end of the project. 6. A signed letter or invoice explaining the reason for the advance request must be sent to the Departmental contact (Levis Th6riault) in order to receive an advance. The letter must also indicate the proponent's name and complete mailing address. 7. Financial claims requesting re- imbursement for expenditures may be submitted as required; for example, at defined time intervals, upon completion of the project or a phase thereof. Each financial claim for payment under the ETF must be submitted using the att�hed Detailed Claim Form to summarize expenditures and indicate the total amount requested, name of the project and contact information. Photocopies of all paid invoices and photocopies of proof of payment, such as cancelled cheques, bank statements, receipts, must be included to support the request. Signed claim forms with related invoices and proof of payment can be emaied to etf- ffe @gnb.ca 8. At the end of the funding period, there will be a 10% holdback of project funding until a final report and all financial back -up, including proof of expenditure of any advance, has been received by the Department. A signed request must be submitted to the Departmental contact (Levis Th6riault) before the 10% holdback will be paid. No claim shall be paid after March 31, 2013, 9. The project must be completed and all invoices must be dated no later than March 31, 2013 and received by the Department no later than March 31, 2013. No claim shall be paid if received after that date. The final report must be received by the Department by March 1, 2013. 10. Any written material developed and printed for public distribution that promotes responsible environmental activities that may have regulatory requirements must be reviewed by the Department prior to publication. 11. In the event of an intentional breach of any of the terms and conditions of this Letter of Offer by the proponent, no further contributions shall be made by the Department and all previous payments shall be returned to the Department within 30 days of written notification to that effect. 12. The New Brunswick Wordmark and the slogan "Your Environmental Trust Fund at Work" shall be displayed in a prominent location on all documents, signage and other printed media related to the project. The logo can be found at: http: / /www2.gnb.ca/ content /gnb /en/departments /government services /logos_symbols.html 13. The project site shall be accessible to Departmental staff on a continuing basis. Project records shall be made available to the Department for the purposes of auditing the financial records at a time mutually agreed upon. All records must be retained for audit purposes for a period of seven years following final payment on the project. 14. The proponent must receive prior approval for any public announcement concerning the project, 164 fi-om the Department of Environment and Local Government. 15. The proponent shall indemnify, defend, and save harmless the Province of New Brunswick, its Ministers, officers, directors, employees, agents, successors and assigns, from any and all losses, claims, demands, suits, costs and expenses of whatever nature and description arising from or in connection with the proponent's breach of this contract, or the proponent's negligence or willful misconduct, or a third —party claim arising out of the proponent's performance under this contract. 16. This offer is to remain open until August 31, 2012. To indicate your acceptance, please return this Letter of Offer, signed by an authorized person to Andr6 Chenard, Department of Environment and Local Governine t, PO Box 6000, Fredericton, NB E3B 5H1. It is important to note that any form of conditional acceptance of this offer renders the offer null and void. Denis Caron Deputy Minister, Department of Environment and Local Government This offer accepted this day of Signature of proponent Name and title of proponent (please print) Group name and address Witness: Signature of witness Name and title of witness (please print) 165 (month) (year) r1l T , kTIES Saint John July 12th, 2012 Mayor Norton and Members of Common Council P.O. Box 1971 Saint John, NB E2L 41_1 Dear Mayor Norton and Members of Common Council: Congratulations on your election to Common Council! Congratulations also to the City (Council and staff) for being selected as the recipient of the Canadian Association of Municipal Administrators Willis Award for Innovation for municipalities with a population between 20,001 and 100,000. On November 21, 2011, Common Council adopted a resolution requesting that Saint John Transit work with Vibrant Communities Saint John to "assess the impact of service cuts on users of the transit system and residents in the Saint John Region ". VCSJ embarked on the study earlier this year to identify the specific transportation concerns of citizens who live in priority neighbourhoods and to identify how their transportation barriers could be removed. Funding was provided by the NB Economic and Social Inclusion Corporation, the driver of New Brunswick's poverty reduction strategy. VCSJ set out to learn from the experiences of low - income residents, the working poor and the practices of other communities to help build on the strengths of our existing public transit system and recommend improvements for the future. A Steering Committee guided the work of this initiative and membership was drawn from Saint John Transit with Frank McCarey and Charles Freake, the City with Kevin Watson as well as the non - profit community, Board of Trade, University and a resident from Crescent Valley Public transit is a critical piece of Saint John's transportation system that provides affordable access to our entire community. We welcome the opportunity to present our report and findings during the month of July. We look forward to your response. Sincerely, Dr. Regena Farnsworth Chair, Vibrant Communities Saint John Dean of Business, UNBSJ Vibrant Communities Saint John c/o Community Health Centre, 116 Coburg Street Saint John, New Brunswick • E2L 3K1 • Phone: 506 - 693 -0904; Cell: 506 - 608 -1406 166 COUNCIL'S WORKSHEET ACTIONABLE RESOLUTIONS FOR FOLLOW -UP (Record of Motions) 167 MEETING ITY MANAGER STATUS OR DATE RESOLUTION SUMMARY RESPONSIBILITY ACTION COMMENTS ANTICIPATED AL COMPLETION DAT JUNE 9 & 10, 2008 June 9 & 10 Anti - Whistling Legislation City Manager report and recommendation. Inquiries made — Further Outstanding action required. JUNE 23, 2008 June 23 Expanded Recycling Program City Manager To report and Staff are exploring various Completed recommendations on alternatives alternatives — to be completed by the last meeting in September JULY 7, 2008 July 7 Patricia Dashwood, Garbage Collection City Manager Letter being considered Completed with others SEPTEMBER 15, 2008 Sept 15 Active Transportation Saint John City Manager report back on five Now will become part of Completed recommendations outlined in Transportation study — call presentation being prepared. NOVEMBER 3, 2008 Nov 3 Implementation of 311 Municipal Phone Service or City Manager report Customer Service Process Ongoing other improved methods of customer service underway NOVEMBER 24, 2008 Nov 24 Letter — Percy Wilbur — Purchase of City Land City Manager Completed 167 Nov 24 Letter — Dennis & Janice Griffin — payment for land City Solicitor Ongoing dispute DECEMBER 08, 2008 Dec 8 Agreement with North Star Holdings City Manager Negotiate Purchase price Ongoing DECEMBER 22, 2008 Dec 22 Proposal call of Sept. 15, 2008 Re: 60 Canterbury by City Manager Direct staff to continue Completed Ellerdale Properties & Commercial Properties Limited discussions and report to Council Dec 22 Letter from Karen Kincade — Serving those with Council's Ability full and comprehensive report disabilities Advisory Board on all the various topics Dec 22 Letter from Karen Kincade — Serving those with City Manager Direct City Staff to provide Completed disabilities necessary support to the Advisory Committee Page 2 1 WOOD] COUNCIL'S WORKSHEET ACTIONABLE RESOLUTIONS FOR FOLLOW -UP PERIOD ENDING: DECEMBER 21, 2009 Page 3 1 19.1 MEETING RESOLUTION SUMMARY RESPONSIBILITY ACTION CITY MANAGER STATUS OR DATE COMMENTS ANTICIPATED COMPLETION DATE JANUARY 12, 2009 Jan 12 Commissions, Boards & Committees City Manager Report Significant Undertaking Outstanding Jan 12 Solid Waste /User Pay System City Manager Report by June 15, 2009 Completed JANUARY 26, 2009 Jan 26 Letter from Councillor Killen flat rate City Manager, City report and recommendations Will take time; Legal & Finance working water use increase restrictions for Solicitor significant policy on this Seniors etc. decision Jan 26 Transportation Study of Greater Saint City Manager Strike a working committee to develop call for Waiting for Municipal To be done after PlanSJ John CouncillorTitus proposal and report back to Council no later than Plan Results File Closed March 1, 2009 MARCH 30, 2009 March 30 Simms Corner Phase 1 City Manager Authorize staff to proceed with the tendering process In progress March 30 Land Acquisition Harbour Clean Up City Manager Proceed with negotiations Documentation being Completed prepared April 14 & 20, 2009 April 14 Griffin letter regarding Saint John City Manager For consideration No Action Required Industrial Parks APRIL 27 and May 4th, 2009 Page 3 1 19.1 April 27 Derelict Buildings By -Law City Manager Contract authorities re: amendments to MA Completed MAY 25, 2009 May 25 Committee System Form of Governance Common Clerk Schedule Completed July 6, 2009 July 6 Renaming of Market Place City Manager Report and recommendation Referred to GIS File Closed July 20, 2009 July 20 Soccer Field Carleton Community Centre City Manager Provide updates as appropriate Community Planning Process underway Completed July 20 Trinity Royal District City Manager Policy revisited re type of curbing & once completed a formal policy recommendation made to Council Neighbourhoold Plan (Would be part of a future process) File closed August 4th, 2009 Aug 4 Partners for Workplace Inclusion City Manager To hold a meeting with the representatives of Partners for Workplace Inclusion to explore employment opportunities for their clients Report to Council pending Pending August 17, 2009 Aug 17 Spar Cove Road — Wastewater Pumping Station City Manager Work deferred until 2011 or 2012 Completed August 31, 2009 Aug 31 Ability Advisory Committee City Manager Report and recommendation re: HR Practices to ensure diversity /inclusion Accessibility report pending Pending September 29, 2009 Sept 29 Safeguarding Monuments & Public Spaces City Manager Provide report in consultation with City Solicitor and Police Pending October 26, 2009 Page 4 1 170 Oct 26 Sick Leave report City Manager Submit report to Council on an annual basis Ongoing Completed November 23, 2009 Nov 23 Taxation Review Committee Nominating Committee Appoint 7 citizens, 4 councillors and appropriate city staff to Taxation Review Committee and report to Council by May 2010. Active — report to Council expected in November 2011 Completed December 7 Dec 7 West SJ Infill Remediation Challenges Acting City Manager Staff report back by Jan 15, 2010 re existing or proposed new policy Completed Page 5 1 171 COUNCIL'S WORKSHEET ACTIONABLE RESOLUTIONS FOR FOLLOW -UP (2010) MEETING DATE RESOLUTION SUMMARY RESPONSIBILITY ACTION CITY MANAGER STATUS OR OF COMMENTS ANTICIPATED COMPLETION DATE FEBRUARY 01, 2010 Feb 01 Strategic Review of Workforce City Manager Conduct strategic review of the City's workforce 2012 budget decision - File Closed downsizing March 1st, 2010 March 01 Economic Development (Councillor City Manager Collaborate with key economic organizations to In progress. Report Completed McGuire) pursue and deliver new economic opportunities for on service agreements Saint John. to follow March 29th, 2010 March 29 Respect and Support for The City of City Manager To develop a policy framework re: community Resources directed to Pending Saint John Staff (Councillor McGuire) engagement forums and report back by June 1, support PlanSJ 2010 engagement Policy, Pending available resources April 12, 2010 April 12 Revenue Generation Committee Clerk Request presentation within one month's time Committee disbanded File closed Presentation Page 6 1 172 April 26, 2010 April 26 Police Commission regarding Clerk Request and schedule presentation Pending Community Policing April 26 Westmorland Road Traffic City Manager Identify how Option #5 could be funded for Completed Improvements implementation in 2010 May 25, 2010 May 25 Millidgeville Storm Water Management City Manager Report back to council with results of Environmental Ongoing — Brentwood Basin Impact assessment June 7, 2010 June 7 Engagement of Engineering Consultant City Manager /Staff Conduct negotiations with Terrain Group Completed — Westmorland Rd June 7 Economic Development for SJ City Manager Include review of existing economic / business Service Level Report pending development models with municipal review agreements completed June 7 Cedar Point Estates City Manager /Staff Develop long -term strategy Ongoing June 7 Reversing Falls Master Plan City Manager /Staff Work with SJ Waterfront Development regarding Council Priorities Pending land use; Waterfront Development report back with updates on project; also consult with public on annual basis July 19, 2010 July 19 Action Plan for Safe Clean Drinking City Solicitor Identify process to secure access to lands for Complete Water treatment facility at Little River Reservoir site July 19 Action Plan for Safe Clean Drinking Consider a public utilities commission structure of Pending Water governance for SJ Water July 19 Action Plan for Safe Clean Drinking City Solicitor Multi- disciplinary staff team examine existing Ongoing Water legislative context and identify amendments required July 19 Action Plan for Safe Clean Drinking Program Management team be created for project Completed Water Page 7 1 `rK3 July 19 Request for taxicab standby parking space near Admiral Beatty City Solicitor and Police Commission Effect the change August 16, 2010 Aug 16 Review of Development Financial Incentives City Manager Report and recommendation of incentives in time to allow for implementation in early 2011. 2012 Budget File Closed I August 30, 2010 Aug 30 Outflow Ministries request for parcel of land Southern peninsula City Manager Completed Aug 30 Spending limits of purchasing agent City Manager Report to determine if current practices out of date /changes required to improve efficiency New policy completed Completed September 13, 2010 Sep 13 Neighbourhood revitalization project City Mgr / Planning Comm Hold discussions with SJWDC on undertaking revitalization project Neighbourhood Planning Process Completed Sep 13 Urban Density City Manager Councillor Snook letter on creating more urban density Completed Sep 13 Green Spaces in more places Leisure Services Adv Board Councillor Snook letter on green spaces Sep 13 Martinon CC Green Space City Manager Report back in 1 month on enhancement of green space September 27, 2010 Sep 27 Funding agreement — SCDW Program Council Water Committee Chart a future on a funding agreement for SCDW Program P3 Process Completed October 25, 2010 Oct 25 Westgate Park drainage study City Manager Meet w NBDoE November 8, 2010 Page 8 1 174 Nov 8 SLS #3 land interests negotiation City Manager Negotiate agreement for lands needed for SLS #3 Completed Harbour Cleanup November 22, 2010 Nov 22 Proposed Pension Plan Reforms City Solicitor, Draft changes as per report/resolution S76 Submitted Completed Common Clerk,Ma or, Cy Mgr November 29, 2010 Nov 29 By -law respecting unsecured refuse on City Solicitor Prepare bylaw or other mechanism requiring prop Completed properties owners to reimburse city for emergency response due to refuse December 6, 2010 Dec 6 Phase B Westfield Rd Reconstruction City Manager / Refer funding of Phase B to budget deliberations 2012 Budget File Closed Commissioner of Finance December 20, 2010 Dec 20 Water Utility deferral payment plan City Manager and Investigate feasibility of creating a deferral payment Need By -law Ongoing City Solicitor plan amendments JANUARY 04, 2011 Jan4 Request MLA Carl Killen bring forward Mayor Formal request to MLA Killen Completed pension legislative changes Jan 4 Place SCAN task force contact info on City Manager Consult with SCAN task force Completed city website, other promotion means Jan 4 Community centre partnerships — City Manager Explore feasibility of afterhours PALS programs at feasibility of afterhours PALS program community centres JANUARY 17, 2011 Jan 17 Vendors on City Controlled Public City Manager Establishment of Taxi Review By -law Committee Vendor by -law Completed Places and Taxi Review by -law complete; Taxi by -law Page 9 1 ir1bi JANUARY 31, 2011 (Councillor Farren) Remediation of Harrigan Lake City Manager review underway Refer to 2012 Capital Jan 17 Overnight Winter Parking Restriction City Solicitor Amend Traffic by -law as per resolution and have Completed File closed Jan 31 Establishment of Bobby Hayes Day translated Referred Jan 17 Traffic Control at Intersection of Sandy City Manager Council to consider a design and feasibility project Refer to Budget 2012 File Closed Point Rd and Foster Thurston Dr Way for a future General Fund Capital Program and report back Jan 17 Legal Services to Board of Police City Solicitor Provide Legal Services Now Proceding Completed 899,1201,1081 Commissioner and Action Steps — Properties owners on Manawagonish Rd for remediation JANUARY 31, 2011 Jan 31 Remediation of Harrigan Lake City Manager Submit report on cost Refer to 2012 Capital Budget Completed Budget File closed Jan 31 Establishment of Bobby Hayes Day Mayor Referred Completed Jan 31 Neighborhood Initiative for Ocean West City Manager Direct staff to examine enhancement ideas /policies Way and report back FEBRUARY 14, 2011 Feb 14 Town Hall Meetings (West) Follow -Up City Manager Direct staff to open discussions with some property 899,1201,1081 Ongoing and Action Steps — Properties owners on Manawagonish Rd for remediation Manawagonish rd, process condition of properties Feb 14 Kennebecasis Park Water Supply City Solicitor Commence legal proceedings Ongoing Breach of 1996 Agreement FEBRUARY 28, 2011 Feb 28 Waste Management Program City Manager Direct to select neighbourhood for 6 month pilot Douglas Ave Completed project Feb 28 Overnight Winter Parking Restriction on City Solicitor Amend /prepare traffic bylaw Completed Lancaster St Page 10 `vLl MARCH 14, 2011 March 14 Capital Investment to Assist the Porter City Manager Referred to 2012 capital budget deliberations P3 Process Budget Completed Memorial Playground Project Province and Federal Government & File closed March 14 City Manager: Wind -Up of the CofSJ City Manager and Prepare amendments to SJ Subdivision bylaw and Completed Residential Infrastructure Assistance City Solicitor submit to Council April 11 Program, Commercial Incentive Mayor Send correspondence to Regional Completed Program & Business Dev Initiative Development Corporation F/U re: March 14 City Manager: Wind -Up of the CofSJ City Manager Provide report to Council re: suite of new Completed April 11 Residential Infrastructure Assistance Commissioner of development financial incentives that supports the 2012 Budget File closed Program, Commercial Incentive Finance Growth Strategy No incentives approved April 11 Program & Business Dev Initiative City Manager Referred MARCH 28, 2011 March 28 City Manager: Municipal Legislative Council Select appointee Completed Snook) Powers April 11 APRIL 11, 2011 April 11 Assuring High - quality drinking water — City Manager Seek cost sharing agreements with P3 Process Ongoing Program Structuring and Implementation Province and Federal Government & direct staff to identify efficiency & revenue opportunities April 11 City Manager: Update on Infrastructure Mayor Send correspondence to Regional Completed Application Development Corporation F/U re: funding April 11 Campbell letter Re: Development Commissioner of Referred 2012 Budget File closed Incentives Finance No incentives approved April 11 Koulaev letter regarding water meters City Manager Referred April 11 Active Transportation Routes (Councillor City Manager Referred Completed Snook) April 11 Market Place — Watermain, Sanitary City Manager Identify offset in 2011 within General Completed Sewer & Storm Sewer Installation Fund Capital Program Page 11 MAN APRIL 26, 2011 April 26 Managing the City's Woodlands City Manager Referred for report and Forestry Mgmt Plan UNB Pending (Councillor Farren) recommendation MAY 9, 2011 May 9 Road Conditions and Financial City Manager Referred to 2012 budget deliberations 2012 Budget File Closed Investment — Capital Budget 2012 re: revenue from Provincial Court House for investment in roads MAY 24, 2011 May 24 By -law to prevent feeding deer City Solicitor Report and recommendation Ongoing June 6, 2011 June 6 Business Community Anti - Poverty City Manager Referred June 16 2011 Report Completed Initiative (BCAPI) letter Re Provided to Council re NB Neighbourhood Development Community Recognition Stimulation Grant Program Awards Submission June 6 Saint John Airport Authority Common Clerk Schedule to present after Plan SJ Completed presentation June 13th June 20, 2011 June 20 Economic Development Specialist City Manager Recommendation re: means of funding Refer to Budget 2012 Completed for City of Saint John economic development specialist position. June 20 Glen Falls Flooding and City Solicitor Review the Flood Risk By -law Residential Relocation Page 12 W&I June 20 Glen Falls Flooding and City Manager Direct staff to determine storage space Residential Relocation in the forebay area and report June 20 Glen Falls Flooding and City Manager Direct staff to prepare inspection and Residential Relocation maintenance schedule for Marsh Creek Drainage system June 20 Glen Falls Flooding and City Manager Direct EMO to update flood response Residential Relocation contingency plan June 20 Glen Falls Flooding and City Manager Engage Consultants re: reservoirs Residential Relocation June 20 Glen Falls Flooding and City Manager Consult with YMCA (owners) Residential Relocation concerning Ashburn Lake June 20 Glen Falls Flooding and City Manager Consult with Province & Fed level Residential Relocation regarding floor assistance programs June 20 Glen Falls Flooding and City Manager / City Consult with Irvings re status of Residential Relocation Solicitor forebay lands June 20 Glen Falls Flooding and City Manager Develop assistance program for Residential Relocation property owners June 20 Glen Falls Flooding and City Solicitor Review ownership and responsibilities Ongoing Residential Relocation along creek system July 4, 2011 July 4 J. Steele Letter re: guard rail City Manager Referral Completed July 4 Seaside Park Stairs (Farren) City Manager Review options to find funds for repairs; report back to Council asap July 4 Implementation of Live Webcam for City Manager Review and recommendation (if Technical Review - Pending Ongoing The City of Saint John (Norton) recommended, implement by Sept Available resource 2011) July 4 Development of an Annual City of City Manager Report re: suggest a model Refer to budget 2012 File closed SJ Award for Property Not Funded Rehabilitation / Renovation McGuire July 4 PAC: Cedar Point Anchorage City Solicitor Report in 2 weeks Completed Subdivision Phase 7 — 554 Page 13 iM] Page 14 `E:3i] Woodward Ave July 4 PAC: Cedar Point Anchorage City Solicitor / City Review of Subdivision ByLaw Completed Subdivision Phase 7 — 554 Manager Woodward Ave (re: Subdivision ByLaw) July 4 Leisure Services Advisory Board : City Manager Report and Recommendation Refer to Recreation Ongoing Priorities to Move our Community Masterplan process Forward July 18, 2011 July 18 Responsibilities of Saint John City Manager and City Clarify mandate of Saint John Council resolutions adopted Completed Development Corporation Solicitor Development Corporation Re: Coast Guard Site. July 18 Quinton Heights Playground / Refer to 2012 Budget deliberations File Closed Green Space Investment (Councillor McGuire) August 2, 2011 Aug 2 Emera Brunswick Pipeline Commissioner of Finance Issue receipt for the value of the gift. Completed Aug 2 Permission to Reinstate Labour City Manager Refer to Police Commission Completed Day Parade Aug 2 Green Infrastructure Fund Mayor Send funding request to Minister of Completed Transport, Infrastructure and Communities August 15, 2011 Aug 15 Traffic restrictions on Uptown City Manager Request traffic restrictions City Solicitor completed Completed Streets During Outdoor Market report; requires bylaw, report, policy Aug 15 H. Wright letter regarding 410 City Manager Referred Completed Squadrom Canadian Air Force Page 14 `E:3i] Aug 15 Sandy Point Road / Harrigan Lake City Manager Referred 2012 Budget File closed Area Restoration and other Not approved reens ace improvements Aug 15 Seniors Center request for funding City Manager Referred for a report and Completed recommendation by August 29, 2011. Aug 15 Dalhousie Medical School request Commissioner of Finance Referred to budget deliberations. 2012 Budget — Not approved File Closed for funding Aug 15 Saint John Airport: Plan SJ City Manager Review and a report back to Council. Completed Feedback to Council Aug 15 Dominion Park Green Space Commissioner of Finance Referred to budget deliberations Budget available File Closed Enhancement Initiative Aug 15 Update on Ward Meetings City Manager Refer for update to council and Completed scheduling of community meetings Aug 15 Clean Safe Drinking Water City Manager Review General Fund& other revenue Pending generating and report back to Council Aug 15 FUSION Saint John City Manager Develop policies and procedures for Formal practice adopted Completed temporary street closures in con'unction with community events August 29, 2011 Aug 29 2011 Wellfield Protection — Harbourview Mayor Send letter to Minister of the Completed Subdivision Environment Aug 29 Standing Committee System Common Clerk, City Prepare draft by -law Pending Council Decision Ongoing Manager and City Solicitor Aug 29 The New Brunswick Medical Common Clerk To schedule Completed Education Trust, request to present September 12, 2011 Sept 12 Chalk Art and Busking City Manager Referred for report and recommendation Sept 12 Bally Desmond Subdivision City Manager & City Determine if developer is required to Completed Solicitor build two public streets Page 15 `E:3I Sept 12 Request for Restoration City Manager and budget Referred Refer to Budget 2012 File Closed Committee: Re: 1671 Sandy Point deliberations Rd Sept 12 NB Crime Stoppers Commissioner of Finance Refer for budget deliberations Not approved File Closed Sept 12 Regional Planning City Manager Invite each of neighboring mayors to ** *could not make out Completed join a Citizens Advisory Group notes ** Sept 12 Financial Relationship with City City Manager Establish closer financial link Commissions — Parking Commission Sept 12 Traffic Issues — Fairville Blvd and Mayor and City Manager Contact Minister of Transportation Harding St West September 19, 2011 Sept 19 Cherry Brook Zoo Budget and Common Clerk To schedule Completed Request to Present Sept 19 New Brunswick Medical Trust Commissioner of Finance Refer for budget deliberations Not approved File Closed Scholarships Sept 19 SPCA request for new contract City Manager Referred Contract established for SPCA 2011; under negotiations Sept 19 Police and Fire Budgets (Councillor Present to Council Completed Titus) Sept 19 Saint John Water Committee City Manager Report to Council on a bi- weekly basis Ongoing September 26, 2011 Sept 26 SJ Community Arts Board Common Clerk Schedule Completed Sept 26 River Road Community Alliance Common Clerk Schedule Completed Inc. Sept 26 Budget/Pensions /Options City Manager Prepare /Present approach, with time Completed (Councillor Titus) line re: pension, regulatory, legislative changes to set budget with the stated objectives Page 16 f -*% Sept 26 Budget/Pensions /Options City Manager Prepare /Present options to maintain Refer to Budget 2012 Completed (Councillor Titus) tax rate without said changes Sept 26 Quinton Heights Park City Manager Referral Completed Enhancement — Heritage Canada Opportunity Councillor McGuire Sept 26 City Manager: Demolition of ByLaw Enforcement Arrange for demolition Completed Dilapidated /Vacant Building — 18- 20 Bryden St October 3, 2011 Oct 3 Notice to Negotiate a New / City Manager and Negotiate /Draft new or replacement Ongoing Replacement Agreement with NB City Solicitor agreement Power October 11, 2011 Oct 11 Sydney Street and Courthouse and City Manager Inquire regarding Provinces' plans for Not available Completed Charlotte Street Courts the Family Court building on Charlotte Street. Oct 11 Letter from D. & J. Griffin City Manager Referred Legal Department Ongoing Oct 11 Representation at PAC City Manager Create interdepartmental staff Re- organization — Growth Pending committee and Development Oct 11 Water Committee Mayor Inquire regarding invitations to Completed committee meetings October 24, 2011 Oct 24 Letter from David Bentley Re: Mobile Common Clerk Refer to Taxi Advisory Committee Completed Taxi Service Oct 24 Letter from MADD Saint John Re: City Manager Referred Completed Ribbons on City Vehicles Oct 24 Overnight Parking Policy Councillor City Manager Referred for review and report Norton) Page 17 `E-393 Oct 24 Pending Closure Morna Heights School City Manager Referred to for report and presentation Completed (Councillor Farren) Oct 24 Upgrades to Trade and Convention Commissioner of Finance Referred for 2012 budget deliberations 2012 Budget — to be File Closed Center (Councillor Farren) considered during priority session Oct 24 Listing of Committees Common Clerk Arrange to be translated and submit to Completed web site Oct 24 Safe Clean Drinking Water Progress Common Clerk Forward previously submitted reports Ongoing Report & future reports to local provincial caucus and MP Rodney Weston. Oct 24 Aquatic Center Phase II Roof Repair Commissioner of Finance Referred for 2012 budget deliberations Completed November 7, 2011 Nov 7 Committee System Form of Common Clerk Schedule presentation prior to the end Completed Governance of November Nov 7 Letter from Kirby Lucas Re: Parking on City Manager Referred Regent Street Nov 7 Letter from Saint John Board of Trade City Manager Referred to Budget Deliberations Completed be Re:2012 City of Saint John Budget Nov 7 Safe, Clean Drinking Water Progress Commissioner of Finance Affordability Analysis Analysis completed, report Pending Report 3 pending Nov 7 Revised Pension Plan Reform City Manager Province of New Brunswick to be Completed Proposal formally advised accordingly Nov 7 Revised Pension Plan Reform City Manager, To develop and submit details of the Completed Proposal Commissioner of Finance terms governing the reintroduction of and City Solicitor suspended indexing Nov 7 HADD Compensation Projects City Manager Design and tender under Harbour Pending Cleanup program Nov 7 Simms Corner /Bridge Road Retaining City Manager Authorize staff to conduct negotiations Completed Wall Repairs with GENIVAR Nov 7 Simms Corner /Bridge Road Retaining City Manager Authorize staff to request quotations Completed Wall Repairs Page 18 fiE:iI Nov 7 King Street East On- Street Parking City Manager Referred for report Nov 7 Fairville Blvd Corridor Enhancement Common Clerk Table until Nov 21, 2011 Completed Plan (Councillor McGuire) Nov 7 Information Request Re 2012 Budget City Manager, City Solicitor Provide requested information during Completed (Councillor Snook) and Common Clerk the 2012 budget deliberations November 14, 2011 Nov 14 Letter from West Business Association Saint John Police Referred Completed Re: Lancaster Santa Claus Parade Commission Nov 14 Letter from Saint John Transit Nominating Committee Referred Completed Commission Re: Expedition of Appointment of 3 commissioners Nov 14 Proposed Municipal Plan Planning Advisory Referred for report and Completed Committee recommendation Nov 14 C.E Nicolle Community Centre — ONE City Manager Referred to 2012 Budget Deliberations Negotiations ongoing, report Pending Change Proposal to Common Council pending November 21, 2011 Nov 21 Phase Two of the CGAC Roof Project City Manager Referred to 2012 Budget Deliberations Completed Nov 21 Proposed project "Waste Residuals & City Manager Complete Form 183A "Information Distribution System Technology Required from Organizations Advancements for Ion Exchange Participating in Research Partnerships Processes in Drinking Water Programs" required by NSERC and Treatment" make financial Contributions Nov 21 New Brunswick Dental Society — City Manager and City Referred Fluoride treatment continues Closed Fluoride concerns Engineer Nov 21 Letter from Mary Kirkland Re: Transit Transit Commission Referred Completed cuts Nov 21 2011 Citizen Survey Results City Manager Referred to 2012 Budget Process and Completed next Town Hall Meeting Nov 21 Fairville Blvd Corridor Enhancement City Manager Update Council with respects to efforts Process beginning Ssummer Ongoing Plan (Councillor McGuire) 2012 Page 19 `F -361 Nov 21 Coast Guard Property Opportunity Saint John Development Update Council every month in closed Ongoing (Councillor McGuire) Corporation session COW meetings Nov 21 Contribution to Traffic Light City Manager Advise Long & McQuade the steps to Completed Infrastructure (Councillor Norton) facilitate the installation of the necessary light infrastructure Nov 21 Public Transit (Councillor Norton) Transit Commission Referred to Transit to consult Vibrant Report Pending Completed Communities Saint John Re: Effects of service cuts and report back by April 2012 Nov 21 City Manager: Demolition of a City Manager Arrange for demolition Completed Structurally Unsound Building at 2298 Loch Lomond Rd (PID 55164826 Nov 21 City Manager: Rothesay Avenue City Manager Authorize staff to request 3 quotations Completed Sanitary Lift Station - Replacement of Sluice Gate, Chamber and Forcemain November 28, 2011 Nov 28 Cherry Brook Zoo Inc. 2012 Budget City Manager Referred to 2012 Budget Deliberations File Closed Request Nov 28 River Road Community Alliance, Inc. City Manager Referred to 2012 Budget Deliberations File Closed Nov 28 Saint John Community Arts Board City Manager Referred to 2012 Budget Deliberations File Closed "State of the Arts" Report to Saint John Common Council Nov 28 Common Clerk: Committee System Common Clerk Request representatives from Requested Ongoing form of Governance (Tabled on Fredericton to give a briefing on September 19, 2011) Committee System Form of Governance December 5, 2011 Dec 5 City Manager: Demolition of a Vacant By -Law Enforcement Arrange for demolition Completed and Dilapidated Building at 498 Green Head Road (PID 406827) Dec 5 City Manager: Saint John Taxicab By- City Solicitor Revise the By -Law to incorporate Ongoing Law Review reform recommendations Dec 5 City Manager: Saint John Taxicab By- Common Council Extend the mandate of the Review Ongoing Law Review Committee Page 20 fiR101 Dec 5 City Manager: Saint John Taxicab By- Advisory Committee Study and make recommendations to Ongoing Law Review set requirements for meters, make them "tamper proof" and designing a training program Dec 5 City Manager: Saint John Taxicab By- City Manager, Common Provide staff to assist the advisory Ongoing Law Review Clerk, City Solicitor and committee with their responsibilities Police Commission Dec 5 City Manager: Saint John Taxicab By- Police Commission and Review required resources under the Ongoing Law Review City Solicitor new by -law Dec 5 Revisiting the Decision to Cut Transit City Manager Referred to 2012 Budget Deliberations Completed Services (Councillor Higgins) Dec 5 Dr. David Stephen Memorial Nominating Committee Referred Foundation Dec 5 Saint John Free Public Library Common Clerk Schedule presentation Completed Dec 5 Pearce Letter: Rockwood Park City Manager Referred Dec 5 Saint John Jeux Canada Games Nominating Committee Referred Foundation re: Board of Governors Dec 5 Saint John Arts Centre Request for City Manager Referred to 2012 Budget Deliberations File Closed Funds Dec 5 2012 Saint John Chinese New Year City Manager Donate $1500 Completed Celebration December 12, 2011 Dec 12 Amendment to the Pension Act of the Common Clerk Notify appropriate members of Completed City of Saint John Provincial Government Dec 12 Consultant's Report - Fleet Evaluation City Manager Report back to Council Pending Project Dec 12 PlanSJ — Proposed Municipal Plan City Manager Report back to Council in January Completed 2012 December 19, 2011 Page 21 W-M Dec 19 Boardwalk Refurbishment and Commissioner of Finance Reimburse the Saint John Waterfront Completed Canadian Coast Guard Expenditures Development and Saint John Development Corp. Dec 19 Kollen Letter re: Transit Service Transit Commission Referred Dec 19 Saint John Theatre Company Common Clerk Schedule brief presentation in Completed (Councillor Norton) Committee of the Whole prior to end of 2011 Dec 19 Josselyn Road (Councillor Norton) City Manager Report to Council re interim connection Development Dependent Dec 19 Josselyn Road (Mayor Court) City Manager Report to Council re cost of upgrading Development Dependent road Dec 19 Symphony New Brunswick (Councillor Common Clerk Schedule presentation prior to the Completed Norton) approval of the 2012 budget Dec 19 City Manager: Proposed 2012 City Manager Submit a plan and recommendation to Relates to P3 and Ongoing Operating Budget, Saint John Water bring the water a sewerage rates affordability analysis (W &S Utility Fund) within the average cost of communities in NB Dec 19 City Manager: YMCA Grant Funding City Manager Refer to 2012 budget process re Completed Proposal - Provision of Recreation increase in annual grant Programs and Services at the Forest Glen Community Centre Dec 19 City Manager: YMCA Grant Funding City Solicitor Prepare necessary documents Completed Proposal - Provision of Recreation outlining the terms and conditions for a Programs and Services at the Forest new agreement Glen Community Centre Page 22 COUNCIL'S WORKSHEET ACTIONABLE RESOLUTIONS FOR FOLLOW -UP (2012) JANUARY 03, 2012 IF-01:3 Jan 3 Symphony NB request for 5000$ City Manager Refer to 2012 budget deliberations File Closed annually for 3 years Jan 3 Saint John Trade and Convention City Manager Refer to 2012 budget deliberations Completed Centre Need for Revitilization Councillor Farren Jan 3 Saint John Trade and Convention City Manager Explore possible funding possibilities Ongoing Centre Need for Revitilization through other sources Councillor Farren Jan 3 City Manager: Fairville Boulevard City Manager Proceed with the preparation of the Public meetings planned for Ongoing Planning Study "Golden Mile Corridor Plan" September 2012 Jan 3 City Manager: Douglas Avenue — City Solicitor Amend traffic by -law Completed Winter Parking Restrictions Exemption Jan 3 Rodgers Letter Re Proposed Pension Common Clerk Refer to COW Closed meeting for Completed Act Amendments further discussion Jan 3 Public Transportation Tax Reforms, City Manager Take necessary steps to communicate Outstanding Generation of New Revenue for Transit Council's support to the proposed tax and Innovative Transportation relief measures Solutions (Councillor Snook) Jan 3 Public Transportation Tax Reforms, City Manager and City Investigate and explore possible new Outstanding Generation of New Revenue for Transit Solicitor streams of revenue and consider and Innovative Transportation possible amendments to parking rates Solutions Councillor Snook for the new parking garage Jan 3 Public Transportation Tax Reforms, City Manager Explore potential partnerships /funding Outstanding Generation of New Revenue for Transit for the creation of innovative and Innovative Transportation transportation options Solutions Councillor Snook Jan 3 Public Transportation Tax Reforms, Parking Commission and Referred Outstanding Generation of New Revenue for Transit Enterprise SJ and Innovative Transportation Solutions Councillor Snook Jan 3 Public Transportation Tax Reforms, Transit Commission Provide more information with regard Completed Generation of New Revenue for Transit to the viability of the purchasing of less and Innovative Transportation expensive and more fuel efficient Solutions (Councillor Snook) vans /small buses for appropriate routes Jan 3 Illegal Businesses in Saint John City Manager Submit report outlining the tools Completed (Councillor Court) needed to enforce the by -laws with respect to illegal businesses Page 23 fiE:1'7 Jan 3 City Manager: 2012 Adoption Schedule Planning Advisory Express views with respect to any Completed for Municipal Plan Committee proposed amendments to the Municipal Plan Jan 3 Policy for Use of City Owned Vehicles City Manager Draft a governance policy on the Part of fleet reviewed Pending (Councillor Farren) appropriate use and non - appropriate use of City owned vehicles and said report be presented prior to the first Council meeting of March 2012 JANUARY 16, 2012 Jan 16 Saint John Port Authority Request to Common Clerk Referred for scheduling Present Jan 16 Milford Park (Councillor Norton) City Manager Allocate funds from the general fund for redevelopment Jan 16 Affordable Housing Projects in Saint City Manager Contact Minister of Social John (Councillor McGuire) Development re number of approved affordable housing projects coming to SJ and report back to Council Jan 16 DEC Position Decision with Respect to Common Clerk Thank you letter to DEC, River Road Completed Morna Heights School (Councillor Community Alliance and Minister of McGuire ) Education Jan 16 City Manager: Traffic Line Painting Common Clerk Table item until City Manager does Ongoing Truck investigation Jan 16 City Manager: Traffic Line Painting City Manager Investigate cost sharing and Truck contracting out of service JANUARY 30, 2012 Jan 30 Wright Letter re: Wade /Myles Aviation City Manager Referred Park Jan 30 City Manager: Traffic Line Painting City Manager Report to Council, recommend a Pending Future Service Delivery service delivery model to Council in 2012 Jan 30 Committee of the Whole: 2011 Commissioner of Finance Make special payment to Pension Completed Outstanding Contributions Pension Fund Plan Going Concern Unfunded Liability Page 24 `Bill Jan 30 Committee of the Whole: 2011 City Manager Request to the Province Completed Outstanding Contributions Pension Plan Going Concern Unfunded Liability Jan 30 Committee of the Whole: 2011 City Manager Contact Minister of Local Gov't to seek Completed Outstanding Contributions Pension permission to defer 2011 special Plan Going Concern Unfunded Liability payment Jan 30 Enterprise Saint John Request to Common Clerk Schedule presentation Completed Present FEBRUARY 13, 2012 Feb 13 Organ Donor Program Request to Common Clerk Schedule Presentation Completed Present Feb 13 Saint John Ability Advisory Committee Saint John Transit Referred Letter re: Transportation Feb 13 Saint John Water - 2011 Annual Water City Manager Forward to Dept. of Health and Dept. Completed Report of Environment Feb 13 Saint John Industrial Parks Request to Common Clerk Schedule presentation Completed Present Feb 13 Pension Reform Advocacy Plan Common Clerk Table Item until further notice Completed (Councillor McGuire) Feb 13 Defined Contribution Plan (Councillor City Manager Referred for report Part of ongoing reforms Ongoing Sullivan) Feb 13 Worst Case Scenario Budget Plan City Manager Referred for report no later than the Completed (Councillor Sullivan) last meeting in March Feb 13 City Manager: Demolition of a City Manager Arrange for demolition Completed Hazardous Building at 1355 Golden Grove Rd Feb 13 City Manager: Saint John Water - 2011 City Manager Forward to Dept. of Environment Completed Annual Wastewater Report Feb 13 City Manager: Implementation of 2012 City Manager Prepare appropriate amendments Completed Operating Budget re Planning Fees Feb 13 City Manager: Implementation of 2012 Planning Advisory Refer proposed amendments for Completed Operating Budget re Planning Fees Committee recommendation Page 25 fi Lei I Feb 13 City Manager: Implementation of 2012 Heritage Development Refer proposed by -law amendments Completed Operating Budget Heritage Reforms Board for advice and also refer 2012 Grants for Heritage Conservation Program for review and input Feb 13 City Manager: Traffic Calming Policy Common Clerk Table to a subsequent meeting Completed FEBRUARY 27, 2012 Feb 27 City Manager: Saddlebrook Court — City Solicitor Report and recommendation re: Letters Completed Stop up and Close from Gorman Nason Feb 27 Rockwood Park Advisory Board Common Clerk Schedule presentation on March 26, Completed Request to Present (Mayor Court) 2012 Feb 27 Pension Reform Advocacy Plan Common Clerk Table to a subsequent meeting Completed (Councillor McGuire) Tabled Feb 13, 2012 Feb 27 Speed Limits on Westfield Road City Manager Report back to Council (Councillor Farren) Feb 27 Safe, Clean Drinking Water — A Path City Manager Engage professional, expert services Completed Forward (Councillor Titus) to develop an RFP and make a timely recommendation to Council Feb 27 City Manager: Amendment to Saint Planning Advisory Refer for views on by -law adjustments Completed John Building By -law — Fee Committee Adjustments, MC2012 -38 March 12, 2012 Mar 12 Ashford Properties Space Needs City Manager Report back to Council upon receipt of Currently underway Pending Analysis Report from Ashford Properties Mar 12 M &C 2012 -048: Memorandum of City Manager Ensure that the Municipality complies Completed Understanding Concerning the Land with its obligation under this Gazette: Memorandum of Understanding Mar 12 Request to Send Letter to Premier Common Clerk Write a letter to Premier Alward, the Completed Alward (Mayor Court) Minister of Health, the Regional 3T MRI at the Saint John Regional Caucus and the Mayor and Councils of Hospital Councillor McGuire the surrounding communities Page 26 `F'% Mar 12 Pension Board's Travel (Councillor Pension Board Referred to Pension Board Completed Farren) Mar 12 Proposed By -Law to Amend the Saint City Manager Reduce the heritage grant from Completed John Heritage Conservation Areas By- $100,000 to $90,000 and that the Law proposed fee increases not be approved. Mar 12 Pension Board Governance (Councillor Common Clerk Seek advice from Superintendent of Completed Farren) Pensions Mar 12 Options for Council to Consider Re: City Manager and City Report and recommendation Completed Bally Desmond Subdivision (Cost Solicitor Estimate Removed for Privacy Reasons Mar 12 City Manager: Peel Plaza Project City Manager Call tender for the construction of the Completed Public Plaza Component Public Plaza March 26, 2012 Mar 26 Cities of New Brunswick City Solicitor Referred for report Recommending Council Adopt By -Law Re Jacob Brakes Mar 26 3rd Field Regiment RCA Requesting Common Clerk Send letter of support Completed Letter of Support Mar 26 Canadian Aviation Historical Society Common Clerk Reestablish affiliation with Squadron Completed Turnbull Chapter Requesting that the 410 Link with World War Two Squadron Be Reestablished Mar 26 Canadian Aviation Historical Society City Manager Make arrangements for a ceremony in Turnbull Chapter Requesting that the September 2012 Link with World War Two Squadron Be Reestablished Mar 26 Transition of Pension Plan to an RRSP City Manager Referred for report Pension reforms Ongoing Model (Councillor Higgins) Mar 26 Graffiti (Councillor Norton) City Solicitor Referred for report and recommendation Mar 26 Conflicts of Interest (Councillor Norton) Common Clerk Direct all boards, agencies and Letter sent Completed commissions to adopt and enforce a policy governing conflicts of interest Page 27 iWg] Mar 26 City Manager: 2012 Operating Budget City Manager Referred for revised recommendation Completed Heritage Grant Reforms re: heritage maintenance grants Mar 26 City Manager: Bally Desmond City Solicitor Referred to prepare an appropriate Subdivision Phase 3 resolution Mar 26 Rockwood Park Golf Course and Common Clerk Tabled pending a presentation from Completed Aquatic Driving Range Total Golf Management Mar 26 Committee of the Whole: Proposed City Solicitor Appeal the decision Completed Appeal of Worksafe NB Decision Mar 26 Fundy Region Solid Waste Letter Common Clerk Table until Counc. Titus is present Completed Mar 26 50+ Friendship Games Common Clerk Send a letter to outlying municipalities Completed to request funding support April 10, 2012 Apr 10 Dream Catcher's Entertainment - City Solicitor Referred Canada Day Auto Show Apr 10 Organ Donor Week Presentation Common Clerk Referred for scheduling Completed Apr 10 Canadian Aviation Society — Street City Manager Referred On List of Potential names Completed Names Apr 10 M &C 2012 -073: Historic Places City Manager List Blueberry Hill on the Saint John Completed Initiative - Blueberry Hill Recommended Register of Historic Places and for Listing on the Register of Historic nominate for the NB and Canada Places registries Apr 10 David Greenslade Park Committee City Manager Assist with application to the Greater Completed Saint John Community Foundation Apr 10 M &C 2012 -085: Street Naming City Manager Amend list of street names and Completed approve the change: voie Itty Bitty Way Apr 10 City Manager: Plan D Budget City Manager Follow through with recommendations Completed Apr 10 City Manager: Safe, Clean Drinking City Manager Send a letter to PPP Completed Water Program — P3 Business Case Page 28 MOL1 Apr 10 City Manager: Safe, Clean Drinking City Manager Seek proposals from experienced and Completed Water Program — P3 Business Case qualified firms Apr 10 City Manager: Safe, Clean Drinking City Manager Convene a Water Committee meeting Affordability Analysis Ongoing Water Program — P3 Business Case with Provincial and Federal Complete counterparts April 23, 2012 Apr 23 City Manager: MC2012 -80, Lord City Manager Complete Analysis Completed Beaverbrook Arena — Feasibility of Expansion to Olympic Sized Ice Surface Apr 23 City Manager: Traffic Calming Policy City Manager and City Adopt Policy and refer to solicitor Completed Solicitor Apr 23 City Manager: Watershed Protection — City Manager Request proposal from UNB UNB engaged Ongoing Forest Management Plan Apr 23 Fundy Region Solid Waste Nominating Committee Referred Completed Commission: Transition to Proposed Regional Service Commission (Tabled on March 26, 2012 Apr 23 Rockwood Park Advisory Board: City Manager Arrange donation of in -kind services Completed Request for In -Kind Services Apr 23 Heritage Development Board: Heritage City Manager Referred for report Underway Grant Policy Apr 23 Committee of the Whole: Sanitary Lift City Solicitor Prepare Agreement Completed Station 40 Mountain View Drive Apr 23 Proposed Amendments to Heritage City Manager Referred for report Development Board Policy Apr 23 Increase in Recreation Field Fees and City Manager Referred for more detailed report and Completed Charges consult with user groups affected by fee increases Apr 23 City Manager: Demolition of a City Manager Direct staff to arrange for demolition Completed dangerous accessory building at 171 Riverview Drive (PID #360867 May 7, 2012 Page 29 W161 Page 30 W6101 May 7 Amount of Money Borrowed by City City Manager Treasurer to provide summary of Completed (Councillor Higgins) money borrowed at next meeting. May 7 City Solicitor: Proposed Procedural By- City Solicitor By -law amendment to be prepared for Completed Law Amendment the next council meeting May 7 Saint John Transit Commission: Letter Transit Commission Referred back for response on use of Completed Regarding Use of Heavy Duty Buses Handi buses in some neighbourhoods after hours. May 7 Declaration of Conflict (Councillor Common Clerk Table to June 4"',2012 meeting Completed Higgins) May 7 City Manager: Pension Reform Update City Manager Initiate advertising as required by the Completed Private Bills Committee process May 7 City Manager: Sport Field Fee City Manager Consult with public and users about Ongoing Increases field fee increases May 7 Neighbourhood Development City Manager Support listed organizations Completed Stimulation Grant Applications 2012 May 7 Safety of Citizens and their Children City Solicitor Refer to legal for process to ensure (Mayor Court) guaranteed funding May 7 City Manager: Elias Management City Manager /Common Negotiate terms and conditions of sale/ Underway Ongoing Group Inc. Proposed Multi -Unit Clerk Send Letter to Elias Management Apartment regarding the use of Vimy and Building - Churchill Boulevard Freedom as future street names. May 7 City Manager: ONE Change Inc. City Manager Finalize a formal service agreement Pending Proposal - Community Centre Management & Operations May 30, 2012 May 30 City Manager: Plan Amendment Committee of the Whole Referred Closed May 30 City Solicitor: Draft Bill of Proposed City Solicitor File with the Clerk of Legislature Completed Changes to The City of Saint John Pension Act June 4, 2012 Page 30 W6101 Page 31 1 F'rl June 4 Proposed Zoning By -Law Amendment City Manager Referred Neighbourhood Public 3 Glenburn Ct meeting June 26 June 4 Request to present by the Greenfeet Common Clerk Referred for scheduling Committee, Uptown Saint John Inc. regarding the Bikeways trailways committee June 4 City Manager: Demolition of Vacant, City Manager Arrange for demolition Completed Dilapidated and Dangerous Buildings at 137 -139 Victoria Street, M &C 2012- 128 June 4 City Manager: Asphalt Resurfacing City Manager Add additional streets to utilize Pending 2012 projected surplus June 4 Commissioner of Finance and City Manager Refer to Insurance and Claims Officer Completed Administrative Services: Facility Users Insurance Program June 4 Procedural ByLaw Amendment (Mayor City Solictor and Common Referred Completed Norton) Clerk June 4 Harbour Passage (Councillor Fullerton) City Manager /Mayor Contact DOT /Minister reponsible Completed June 4 Vacant- Derelict Buildings Workload City Manager Referred for 2013 Budget Completed Expectations and Funding (Councillor Deliberations Snook June 4 Proposed Schedule for Nominating Common Clerk Request a skills matrix from all of the Request was sent out Ongoing Committee agencies, boards and commissions that Council appoints members June 18, 2012 June 18 Vacant and Derelict Buildings and the City Manager Referred for report Fire Prevention Act (Councillor Snook) June 18 Rainbow Park Update (Councillor City Manager Present a progress report Snook) June 18 External and Internal Communication City Manager Referred for report Strategy for City of Saint John Councillor Snook Page 31 1 F'rl June 18 Third Reading Proposed Dog Control Common Clerk Table for 6 weeks (July 30, 2012) By -Law June 18 Third Reading Proposed Dog Control City Manager Referred for report By -Law June 18 YMCA -YWCA request to present Common Clerk Referred for scheduling June 18 Request for Municipal support for the City Manager Referred Multicultural Association of Saint John June 18 Multicultural Association of Saint John Nominating Committee Referred Inc. request for City Rep to Board of Directors June 18 M &C 2012 -148: Reversing Falls Planning Advisory Referred Restaurant and Split Rock Cafe Committee June 18 M &C 2012 -158: Completion of the City Solicitor Draft agreement Outdoor Plaza Work — Harbourfront Residences at Three Sisters June 18 M &C 2012 -150: Demolition of a fire- City Manager Arrange demolition damaged and dangerous building at 53 Victoria Street (PID #55036461 June 18 Women's World Tackle Football Mayor Write a letter to Vice President of Completed Championship UNBSJ June 18 Third Reading Zoning ByLaw City Solicitor Referred for report Amendment 24 -26 Highmount Court June 18 Pension Reform Update (Mayor Mayor Get update from Provincial Task Force Norton) on Protecting Pension Plans June 18 Pension Teach -In for Council Members Mayor Contact Superintendent of Pensions to (Councillor Farren) request a meeting June 18 Letter from Stephen Byers regarding City Solicitor /Common Referred for report /Table to next Permanent Dwelling at 1287 Red Head Clerk meeting (July 3, 2012) Rd with previously submitted reports to Council June 18 Pot Holes and Major Cracks on City City Manager Consult Works Dept. Streets (Councillor McAlary) June 18 Snow Plowing of Harbour Bridge City Manager Referred for report (Councillor Merrithew) Page 32 `RD] June 18 Pay -by -Phone Parking Option for Saint John Parking Referred for report in 6 weeks (July 30, Parking Customers (Councillor Norton) Commission 2012) June 18 Text -to -Pay (Mobile Payment) Option Saint John Parking Referred for report in 6 weeks (July 30, for Paying Parking Tickets (Councillor Commission 2012) Norton June 18 Peel Plaza Park Green Space City Manager Investigate a community project and (Councillor MacKenzie) report back June 18 Revenue Generating Routes for Saint Saint John Transit Referred for report John Transit (Councillor MacKenzie) Commission June 18 Staff Directory on City Website City Manager Direct staff to add staff directory (Councillor Reardon) June 18 City Manager: Customer Service — Common Clerk Table pending a presentation from Proposed 2012 Improvements and staff CRM Software Early Adopter Agreement June 18 Appointment to Port Authority Nominating Committee Advertise and hold interviews to fill vacancy June 25, 2012 June 25 Items 3.1, 3.2, 3.3, 3.4, 3.5 and 3.6 Common Clerk Table items until July 3, 2012 Completed July 3, 2012 July 3 City Manager: Customer Service — Common Clerk Table until next Council meeting (July Proposed 2012 Improvements and 16, 2012) CRM Software Early Adoption Agreement July 3 Proposed Zoning By -Law Amendment Common Clerk Table pending report from PAC 1450 -1600 Sandy Point Rd July 3 City Solicitor: Amendment to the Common Clerk Have French version properly reflect Procedural By -Law Time for delivery of English version Meeting Agenda July 3 Letter from Uptown Saint John Nominating Committee Referred Page 33 `F'1'7 July 3 Sculpture Saint John Request to Common Clerk Referred for scheduling Present July 3 Saint John Airport Inc. letter regarding Nominating Committee Referred nominees to the Board of Directors July 3 Chen letter regarding stone markers in City Manager Referred Rockwood Park July 3 M &C 2012 -173: Contractor Access on City Manager Prepare policy to allow staff to "fast - City of Saint John Land track" certain projects without seeking explicit Council approval July 3 M &C 2012 -169: Proposed Public Planning Advisory Referred for report Hearing Date 14 McLaughlin Crescent Committee July 3 Letter from Saint John & Western City Manager Referred to Budget Deliberations Crime Stoppers regarding funding July 3 Adding Topsoil and Grass Seed to City Manager Referred Vacant Lots (Councillor MacKenzie) July 3 Formation of the Energy and Trade City Manager Seek input from Irving Oil Development Committee of Common Representatives on matter Council (Councillor Farren) July 3 Amendment to Procedural By -Law City Solicitor Prepare amendment to By -Law and Respecting Two - Thirds Vote provide report to Council Councillor Merrithew Page 34 N111] �, AM sculpture 81111iT JOHN August 2 - Septenber 15, 2012 Sculpture, jj�.WP4, —.1- � —,.. � —.&L, — SAINT JOHN 201 I What is the New Brunswick I ", � International Sculpture Symposium? sculpture SAINT JOHN The very first International Sculpture s�o��`,5:20,2 Symposium was held in Austria in 1959• • Sculptors from around the world join together to create public artwork from local stone. • There have been symposiums all over the world - Japan, Australia, New Zealand, Spain, Italy and Abu Dhabi to name a few. 202 �, AM sculpture 81111iT JOHN August 2 - Septenber 15, 2012 2012 Symposium • Six sculptors will create pieces of art from ten ton NB granite stones. • Coast Guard site will be the location for the Symposium. • Open to the public 203 �, Al sculpture 81111iT JOHN August 2 - Septenber 15, 2012 Granite Quarries - Hampstead NB and St. George kilt'! �' AM sculpture 81111iT JOHN August 2 - Septenber 15, 2012 How artists are chosen? • A call for applications went out internationally and we received 15o applications from 47 countries • The final six sculptors were chosen by a three person jury in February. • The sculptors will arrive a few days before the event to choose their stone and to look at where their pieces will call home. I What happens when the sculptures � are complete? Sculpture SAINT JOHN They become permanent pieces of public art in: SeDtanber15.2012 • The Town of St. George • The Town of Grand Bay - Westfield • The City of Saint John • The Town of Quispamsis • The Town of Rothesay • U N BSJ outside the Hans Klohn Building T. ROTHE SAY UIVB %Ci �, AM sculpture 81111iT JOHN August 2 - Septenber 15, 2012 Agnessa Petrova - Bulgaria Quisparnsis 207 �, AM sculpture 81111iT JOHN August 2 - Septenber 15, 2012 Agnessa Petrova - Bulgaria Mil �, AM sculpture 81111iT JOHN August 2 - Septenber 15, 2012 Agnessa Petrova - Bulgaria r [AM" 209 sculpture 81111iT JOHN August 2 - Septenber 15, 2012 Radoslav Sultov — Bulgaria Grand Bay - Westfield A PAIL, I �, AM sculpture 81111iT JOHN August 2 - Septenber 15, 2012 Radoslav Sultov - Bulgaria 211 I �, AM sculpture 81111iT JOHN August 2 - Septenber 15, 2012 Radoslav Sultov - Bulgaria W .0 ram 212 !•i �, Al sculpture 81111iT JOHN August 2 - Septenber 15, 2012 Hiroyuki Asano —Japan Saint John 213 �, Al sculpture 81111iT JOHN August 2 - Septenber 15, 2012 Hiroyuki Asano - Japan 04 Ell! �, Al sculpture 81111iT JOHN August 2 - Septenber 15, 2012 Hiroyuki Asano - Japan 215 �, AM sculpture 81111iT JOHN August 2 - Septenber 15, 2012 Jhon Gogaberishvili- Georgia UNBSJ —Hans Klohn Building 216 I �, Al sculpture SAINT JOHN August 2 - September 15, 2012 Jhon Gogaberishvili- Georgia 't. - !.-.- - PARIA I i� sculpture 81111iT JOHN August 2 - Septenber 15, 2012 Jhon Gogaberishvili- Georgia �, Al sculpture 81111iT JOHN August 2 - Septenber 15, 2012 Jo Kley - Germany Rothesay 219 �, Al sculpture 81111iT JOHN August 2 - Septenber 15, 2012 Jo Kley - Germany PIM, �, Al sculpture 81111iT JOHN August 2 - Septenber 15, 2012 Jo Kley - Germany 221 �, Al sculpture 81111iT JOHN August 2 - Septenber 15, 2012 Jim Boyd- Hampton St. George PM �, Al sculpture 81111iT JOHN August 2 - Septenber 15, 2012 Jim Boyd- Hampton 223 �, Al sculpture 81111iT JOHN August 2 - Septenber 15, 2012 Jim Boyd- Hampton 224 I �, Al sculpture 81111iT JOHN August 2 - Septenber 15, 2012 Maine International Sculpture Symposium to Connect to the NB International Sculpture Symposium t 225 Maine zoo? I sculpture SAINT JOHN August 2 - Septenber 15.2012 East Coast Public Art Trail Map M C. ASTINE A k• 4UME Tom. TO MA4CM1At'41 �J -LLI AN �I .� IIIWC:LtiCw, �S L MOINE R I p"'w SfRCCWPUS SCNOOq Porn IMP f)lN ,d h11L13faICIGF ST DJ DEN RLUE IIIL� ffiLMTCN v I .� v a �, AM sculpture 81111iT JOHN August 2 - Septenber 15, 2012 Symposium Activities ✓ July 3 1t - the Artists will start to arrive ✓ August 1St - Artists will visit the Granite Quarries ✓ August 3rd —11am — Opening Ceremonies on site ✓ Artists will visit the Communities throughout the Symposium - Saint John — August 23rd ✓ Communities to visit Artist on the Waterfront Saint John — September 10th ✓ September 15th - Closing Ceremony Come and join in on the excitement!.►! Visit www..sculpturesaintiohn.com for any Sculpture Saint John news. PIMA How Can You Help? sculpture SAINT JOHN August 2 - September 15, 2012 �, AM sculpture 81111iT JOHN August 2 - Septenber 15, 2012 Spread the Word! The Saint John waterfront will be the place to be this summer Tell your family and Friends • Go to our website www.sculpturesaintiohn.com • a Follow us on Twitter @sculpturesj • " Like us on Facebook /SculptureSaintJohn 229 �, AM Volunteer sculpture 81111iT JOHN Augm«_ There will be lots to do and we want SeDtanber15.2012 YOU to be part of it. • Welcoming Committee 9 On -site Security • Greeters • Tour Guides 230 In -Kind sculpture 81111iT JOHN Our Symposium will operate on many &°te"bff15.2012 in -kind donations. • Transportation • Site Clean -up Equipment& Material • Tents Charitable Receipt Available 231 Financial sculpture 81111iT JOHN ��«_ Sponsorship levels September 15.2012 Michelangelo "v $15,000 - $20,000 Rodin $10,000 - $14,999 Donatello fv $5,000 - $9,999 Moore ^'$1,000- $4,999 Apprentice $500 - $999 Friend � $100 - $499 Charitable Receipt Available 232 { ()' I PROPOSED MUNICIPAL PLAN AMENDMENT RE: 3795 LOCH LOMOND ROAD, ABIGAIL PLACE AND 356 ELDERSLEY AVENUE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate, on Schedule A of the Plan, those portions of the parcels of land located at 3795 Loch Lomond Road, Abigail Place and 356 Eldersley Avenue and currently designated Rural Resource Area, being portions of PID Nos. 55214910, 00329144, 55196588 and 00330159, from Rural Resource Area to Stable Area, as illustrated below; 2. Redesignate, on Schedule B of the Plan, the same portions of the parcels of land, from Rural Resource to Rural Residential. [INSERT MAP] A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, July 16, 2012 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To recognize three previously approved rural residential subdivisions. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by August 15, 2012. Enquiries maybe made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 3795, CHEMIN LOCH LOMOND, PLACE ABIGAIL ET 3569 AVENUE ELDERSLEY Par les pr6sentes, un avis public est donne par lequel le Conseil communal de The City of Saint John a ]'intention d'dtudier la modification du plan d'am6nagement municipal comme suit: 1. Modifier la designation, A ]'annexe A du plan, des parties des parcelles de terrains situ6es au 3795, chemin Loch Lomond, a la place Abigail et au 356, avenue Eldersley et actuellement d6sign6es comme zones de ressources rurales, soit des parties des NID 55214910, 00329144, 55196588 et 00330159, afin de les faire passer de secteur de ressources rurales a secteur stable, comme it est indique ci- dessous. 2. Modifier la d6signation, a ]'annexe B du plan, des memes parties des parcelles de terrains, afire de les faire passer de secteur de ressources rurales a secteur residential rural. [INStRER LA CARTE] Une presentation publique du projet de modification aura lieu lors de la reunion ordinaire du Conseil communal le lundi 16 juillet 2012 dans la salle du Conseil, au niveau du hall d'entrde, a l'h6tel de ville. RAISON DE LA MODIFICATION: La reconnaissance de trois lotissements r6sidentiels ruraux prec6demment approuves. Veuillez faire part au Conseil par dcrit de vos objections au projet de modification au plus Lard le 15 aout 2012 a ]'attention de la soussign6e. Pour toute demande de renseignements, veuillez communiquer avec le bureau de la greff&e communale ou le bureau de I'urbanisme et du developpement A 116tel de ville au 15, Market Square, Saint John, N. B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les fours fdrids. If you require French services for a Common Council Si vous avez besoin des services en frangais pour une meeting, please contact the office of the Common reunion de Conseil Communal, veuillez contacter le Clerk• bureau de la greffi6re communale. Elizabeth Gormley, Common Clerk 658 -2862 Elizabeth Gormley, grefJiere communale 658 -2862 233 PIO The City of Saint John His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Citizen Online Crime Reporting System A recent study by the Delta, B.C. (population 102, 939) Police Department revealed that 12% of all calls received in 2010 would have qualified for online reporting. The findings of this study have also prompted the Surrey RCMP to investigate the implementation of a Citizen Online Crime Reporting System. Such a system is currently being used by many police agencies in Canada and the United States, such as Toronto, London, Saskatoon, Regina, Calgary, and Portland, Maine to name a few. Given our success and recognition in the field of intelligence led policing it is advisable to continue the progressive course in how we do business, as we seek to offer police services to our citizens in innovative ways. The criteria for filing an online report are generally standardized across jurisdictions and are used for filing non - emergency reports immediately. With few exceptions most online reporting criteria falls under one of the following categories: (1.) identity theft or fraudulent scams; (2.) theft under $5,000; (3.) lost property under $5,000; (4.) mischief /willful damage /graffiti to property; (5.) mischief /willful damage /graffiti to vehicle; (6.) harassing communications; (7.) theft from motor vehicle under $5,000 The advantages of submitting online police reports are numerous and build efficiencies into our current system that has been traditionally handled by calling the non - emergency number at 648 -3333. Online reporting is a service enhancement that allows reporting to be done virtually anywhere the Internet is available. The police department can better allocate resources to keeping officers on the street instead of staffing for low- priority telephone reports. The monetary savings to be experienced by online reporting vs. staff receiving and inputting telephone reports is being realized at departments across the country. Waiting for an officer to take minor incident reports can now be diverted thought the implementation of an online reporting system. In addition, some municipalities have experience additional value -add by facilitating the reporting of police tips, applications, reports regarding abandoned vehicles, streetlight outages, and even barking dogs. Motion: Request that the Police Commission investigate the implementation of a Citizen Online Crime Reporting System and report back to council with a recommendation in six weeks. Respectfully Submitted, (Received via email) Greg Norton, Councillor (Ward 1) City of Saint John %" -- — - — SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21L 4L1 I www saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 235 1' 1 1 111 July 9, 2012 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: 2013 Budget Process Although it may seem far away I believe that it is time to set a commencement process for our Budget deliberations. We are a new Council and we will need time to familiarize ourselves with all aspects of the Budget and it would be desirable to avoid undue stress and panic. Viewing and setting a budget is very time consuming and most important for our community. I would like to see our City Manager prepare and send out a letter to all Departments, Boards and Commissions that will require funding from the City of Saint John by late August requesting that they in turn prepare for us a detailed business plan for what funds that they will require for the year 2013 to undertake their duties and requirements. I would assume that we would have no increase in spending for each department and that they would at least follow last year's allotment although perhaps input is needed from the City Manager. The City Manager should receive confirmation of all requested funds by end of September. The second step: from first of October to end of November, we the Council could allocate every other week to hear in Open Session all presentations from those submitting. Presentations being 10 minutes in length (as we will have already read their presentation) followed by questions and then referred to City Manager. By the end of November we receive confirmation from the Province on our funds from the Unconditional Grant and Assessment Rates and at that time the City Manager will proceed to prepare Draft Budget for our review. If we follow this time frame we can successfully vote and confirm our Budget for 2013 at our final Council Meeting prior to the Christmas Season. In the Municipalities Act we are required to submit our Budget to the Province by year end. Motion: To request the City Manager to commence Budget process in a timely fashion so that we can obtain our 2013 Budget prior to year end. Respectfully Submitted, (Received via email) Shirley McAlary, Councillor City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21- 41-1 I wwwsaint ohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 41-1 236 The City of Saint John July 12, 2012 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Budget 2013 - Schedule for meetings & Public consultation It has been my experience over the past four years that the City of Saint John has struggled to deliver a budget that complies with the deadline established by the Provincial Government. I am requesting that Common Council be provided with a schedule for our 2013 budget meetings in order to better ensure we are successful in passing this year's budget on time. Also, I am requesting that staff provide feedback to Council on how best to implement pre- budget consultations with the public. Motion: Refer to City Manager Respectfully Submitted, (Received via email) Donnie Snook, Councillor City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saingohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 ---------- 237 1 1,1 July 9, 2012 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Committee to Represent the Interest of Citizens /Taxpayers in Regards to the Pension I am extremely concerned that there is no one person or group specifically tasked with looking after the interests of the Citizens /Taxpayers with respect to the current pension review being undertaken by the Provincial Task Force. There are representatives on the Pension Board from the Unions, the Retirees and so on, and in fact, ALL pension board members have a fiduciary responsibility to look out for the best interests of the pensioners current and future. I am unclear what role, if any, the Pension Board is playing in this whole process. It is vital that a Committee of Council be struck which will look into the pension, as a whole, ask the hard questions and demand timely answers. This Committee, like various unions and other pension beneficiaries must meet with the Provincial Pension Task Force to discuss the citizens /taxpayers position. Someone MUST represent the citizens /taxpayers in this process. I have been doing a lot of research and study on this, and I would very much like to be a part of this new committee. MOTION: That Common Council immediately form a committee (including members of Council and qualified outside parties) to represent the interests of the Citizens /Taxpayers during the ongoing Provincial Pension Task Force deliberations and beyond. This committee must be fully empowered by Council to gather the appropriate information from whatever source, and develop a position for Council to present to the Task Force. Respectfully Submitted, (Received via email) Susan Fullerton, Councillor City of Saint John /r - -- — — - -- — - -- -- SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 41-1 �L- 238 llg July 9, 2012 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Costs of Legal Services I am concerned about our City's legal costs, both in house and those charged to the City by outside firms. I would like to know our total yearly cost for legal services. Mr. Nugent informs me that the staffing level of the Legal Department of the City is being reduced by 20% in less than six months' time (I believe that someone is retiring). I think that this gives us the perfect opportunity to look at how our City funds are being spent for legal services overall in order that we may make wise decisions going forward. I would very much like to know the amount of money that we are spending on outside legal counsel (not including the Ferguson trial). MOTION: That Council direct City Staff to disclose all legal fees (excluding those connected to the Ferguson trial) that have been charged to us by outside firms, during the years 2007, 2008, 2009, 2010, 2011 and up to June 30 of 2012. The details of these expenditures are to include: name of firm, name of lawyer, date of work, description of work done, requested by whom, on what file and total bill. Respectfully Submitted, (Received via email) Susan Fullerton, Councillor City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 40 ! www.saintjohn.ca j C.P. 1971 Saint John, N. -B. Canada E2L 4L1 239 � ). 0 Y July 9, 2012 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Mispec Park The Citizens are speaking loudly and frequently concerning their desire for repairs and services at Mispec Park. The City has no money in the budget for Mispec Park, so we need to look at other ideas. I was sent an email by Dennis and Janice Griffin with an interesting idea regarding selling the gravel at Mispec Park and leveling the parking lot at the same time. There are a lot of businesses on the East Side including the areas of Bayside Drive, the Industrial Park and the Red Head Area. I would propose that we send a letter from the City to each East side business, offering to allow them to perform or "sponsor" certain repairs or services at Mispec Park and they could be listed on signage at the park as our "Good Neighbours ". MOTION: That Council send a letter to each East side business, offering them the opportunity to "pitch in" as a "Good Neighbour" with either labour, materials or money to revitalize Mispec Park and to pay for services to attend to the washrooms etc. MOTION: That Council direct City Staff to investigate the idea put forward by Dennis and Janice Griffin regarding selling the gravel from Mispec to level the parking lot and to raise the money to maintain Mispec Park going forward. Respectfully Submitted, (Received via email) Susan Fullerton, Councillor City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-11 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4LI 240 The City of Saint John July 12, 2012 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Public Transportation Tax Reforms and Innovative Transportation Solutions Tax Relief and Reforms We must advocate for progressive reforms which will provide more favorable conditions in New Brunswick for the establishment of an enhanced and sustainable public transportation system which meets the current and projected needs of citizens. As Council's representative on the Transit Commission, I want to take the lead on this issue and work directly with the Provincial Government in order to achieve the following: 1. Eliminate the tax on fuel for transit. 2. Offer relief on property taxes for transit owned facilities. 3. Help create innovative solutions /strategies with regard to promoting a more sustainable public transportation system in New Brunswick. Explore innovative public and "shared" transportation options Also, it is critical to explore innovative solutions for shared forms of transportation by creating an enhanced public transportation service while encouraging more diversity in options. We could investigate potential partnerships to establish: 1. A water bus service that connects the West Side to our city's uptown. This will not only connect west side residents to our City's uptown but provide a new and exciting direct link to the lower west side. This could potentially stimulate new residential and retail growth and development for the lower west side! It would be a tourist attraction, as well! 2. A car sharing program that will encourage especially uptown residents to choose a more cost effective and environmentally friendly form of transportation. 3. A bike rental service that would encourage people to stay active while increasing the demand for active transportation routes as we reduce the volume of vehicle traffic. All these options are better for the environment, people's health and our city's infrastructure. Perhaps we could request that Enterprise Saint John explore, on our behalf, the potential for the implementation of the ideas mentioned above. SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21L 4L1 I wuwvsaintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E21L 4L7 241 Motion: -As Council's representative on the Transit Commission, Councillor Snook will work directly with the Provincial Government to insure that necessary and appropriate steps are taken in order to successfully advocate for the above mentioned tax reforms for public transportation systems in New Brunswick. *Ask Enterprise Saint John to explore potential partnerships /funding for the implementation of creative and innovative transportation options. Respectfully Submitted, (Received via email) Donnie Snook, Councillor City of Saint John 242 11,0 f wv� July 12, 2012 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Utilizing Vacant or Underutilized Space at Saint John Transit Operations Centre Utilizing vacant space or underutilized space within our city owned properties is good practice to ensure that we maximize the use of our investment. In cases where multiple services can be operated under one roof with relative ease, such efficiencies should be encouraged. The new Transit Operations Centre is not operating at full capacity and the potential to accommodate emergency fire vehicles and personnel does exist. Station number 4 is showing signs of aging and there are increased maintenance and repair costs associated with maintaining older building stock. Relocating emergency fire services from Station 4 (and possibly the community police office) would provide more efficient use of the new transit facility and reduce our building inventory and associated costs. Motion: Direct the City Manager to investigate the possibility of using underutilized space for fire services, by relocating emergency services from the aging infrastructure currently in place at Station 4, (36 Courtenay Avenue) to the Saint John Transit Operations Centre, (55 McDonald Street) and prepare a recommendation for council. Respectfully Submitted, (Received via email) Greg Norton, Councillor (Ward 1) City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21- 41-1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4LI 243 City Solicitors Office Bureau de Pavocat municipal The City of Saint John July 10, 2012 SAINT JOHN — Committee of the Whole of Common Council of The City of Saint John Mayor Norton and Committee Members: Re: Amendment to the Procedural By -Law - Time for Delivery of Meeting Agenda At its meeting held on July 3, 2012, Common Council gave first and second reading to an Amendment to the Procedural By -Law the effect of which was to change the delivery date of Council's Agenda Kit from the Friday immediately preceding a regular Council Meeting to the Tuesday immediately preceding such meeting. This amendment had been proposed by Mayor Norton through a letter dated May 30, 2012 addressed to Council. The said amendment provides that the Clerk must use best efforts to ensure that copies of the Agenda and Council Kit for regular meetings of Council are delivered to each member of the Council by 4:30 p.m. on the Tuesday immediately preceding the regular meeting, and in no case, any later than 4:30 p.m. on the Wednesday immediately preceding the regular meeting. The same rule applies for the Clerk's delivery of the Agenda and Council Kit to officers of the corporation. Section 8.8 of the amendment, however, provides that only copies of the Agenda need to be made available to the general public at the office of the Common Clerk and on the City's website by 4:30 p.m. on the Tuesday immediately preceding the regular meeting. At the July 3rd meeting of Council, the Deputy Mayor requested that the wording of section 8.8 be changed to add that the Council Kit must also be made available to the public. The original version of section 8.8 of the Procedural By -Law, which was enacted in 2010, and which is being amended by the attached amendment, provides that only copies of the Agenda need to be made available to the general public at the office of the Common Clerk and on the City's website. That said, it is our understanding that the Clerk since P.O. Box 1971 Saint John, NB Canada E2L 4LI I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 244 2 Committee of the Whole July 10, 2012 2010 has made available to the general public both the Agenda and Council Kit, thereby doing more than what was required under the by -law. We prepared revisions to the amendment to which Council gave first and second reading based on our understanding of Council's intention following a discussion on the aforementioned point raised by the Deputy Mayor. However, after checking the official record, we realized that Council had not passed a resolution to revise the amendment to reflect the Deputy Mayor's request. Therefore, in order to ensure that the official record is coherent, Council must formally resolve to revise the amendment to give effect to the Deputy Mayor's request that the wording of section 8.8 be changed to add that the Council Kit must also be made available to the public. Only once such resolution is in place should Council give third reading to the revised amendment. The attached revised amendment provides that the Council Kit be made available to the public. When we reworded section 8.8 in this respect, we realized that, as it was worded, section 8.8 was not consistent with sections 8.6 and 8.7. In other words, at section 8.8 , the Clerk has an obligation to deliver the Agenda to the public by 4:30 p.m. on Tuesday; whereas, at sections 8.6 and 8.7, the Clerk must use best efforts to ensure that copies of the Agenda and Council Kit are delivered to Council members and officers /staff by 4:30 p.m. on the Tuesday, but in no case any later than 4:30 p.m. on the Wednesday. We therefore added similar wording to section 8.8 for consistency. As well, to carry forward the intention behind the Deputy Mayor's comment, we revised section 8.12 such that the Supplemental Council Kit (rather than the Supplemental Agenda alone) must also be made available to the general public. Finally, we corrected a few typos in the French version. It is in order for Council to give third reading to the attached amendment if it wishes. Respe tfully Submitted, John L. Nugent City Solicitor Enclosure 245 BY -LAW NUMBER M -5 A LAW TO AMEND A BY -LAW RESPECTING THE PROCEDURE OF THE COMMON COUNCIL OF THE CITY OF SAINT JOHN ARRETL+' No M -5 ARRETE MODIFIANT L'ARRETE CONCERNANT LE REGLEMENT INTERIEUR DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN Be it enacted by the Common Council of Lors d'une reunion du conseil communal, The City of Saint John as follows: The City of Saint John a d6cr&6 ce qui suit : A By -Law of The City of Saint John entitled "a By -Law Respecting the Procedures of the Common Council of The City of Saint John" enacted on the 29 "' day of November, A.D. 2010, is hereby amended as follows: Par les pr6sentes, Parretti de The City of Saint John intitul6 « Arret6 concernant le r6glement int&ieur du conseil communal de The City of Saint John)), 6dict6 le 29 novembre 2010, est modifi6 comme suit: 1 Sections 8.6 to 8.11 are repealed and the 1 Les articles 8.6 a 8.11 sont abrog6s et following is substituted: remplac6s par ce qui suit : "8.6 Delivery — to members — prior to meeting The Clerk shall use his/her best efforts to ensure that copies of the agenda and Council kit for regular meetings of Council are delivered in printed format and/or distributed electronically to each member so that they are received in each case by 4:30 pm on the Tuesday immediately preceding the regular meeting. In no case shall the Clerk deliver the agenda and Council kit for regular meetings of Council to a member later than 4:30 pm on the Wednesday immediately preceding the regular meeting. 8.7 Made available — to officers — staff The Clerk shall use his/her best efforts to ensure that electronic copies of the agenda and Council kit for regular meetings of Council are made available to all Corporation officers and staff who are to receive copies thereof as determined by the Chief Administrative Officer on the Tuesday immediately preceding the meeting. In no case shall the Clerk deliver the agenda and Council kit for regular meetings of Council to Corporation officers and staff later than 4:30 pm on the Wednesday immediately preceding the regular meeting. 8.6 Distribution aux membres avant la reunion Le greffier ou la greffi6re doit faire tout ce qui est en son pouvoir pour s'assurer que les copies de l'ordre du jour et la trousse de documents relatifs aux r6unions du conseil sont distributes sous forme imprim6e ou 6lectronique de mani&re a ce que chaque membre les regoive avant 16 h 30 le mardi pr6c6dant la reunion ordinaire. En aucun cas, le greffier ou la greffi6re ne distribuera a un membre, Pordre du jour ou ]a trousse de documents relatifs aux r6unions ordinaires du conseil, apr6s 16 h 30 le mercredi pr6c6dant la reunion ordinaire. 8.7 Mis A la disposition des dirigeants et des employes Le greffier ou la greffi6re doit, le mardi pr6c6dant la reunion, faire tout ce qui est en son pouvoir pour s'assurer que l'ordre du jour et la trousse de documents, pr6sent&e aux membres dans le cadre des r6unions ordinaires, sont transmis sous forme 6lectronique a tous les dirigeants et employ6s de la Corporation qui doivent les avoir regus, comme l'indique le directeur g6n6ral. En aucun cas, le greffier ou la greffi6re ne distribuera aux dirigeants et employ6s de la corporation, 1'ordre du jour ou la trousse de documents relatifs aux r6unions du conseil, apr6s 16 h 30 le mercredi pr6c6dant la reunion 246 8.8 Made available — public The Clerk shall use his /her best efforts to ensure that copies of the agenda and Council kit for regular meetings of Council are made available to the general public at the Office of the Common Clerk and on the website of The City of Saint John by 4:30 pm on the Tuesday immediately preceding the regular meeting. In no case shall the Clerk make available to the general public the agenda and Council kit for regular meetings of Council later than 4:30 pm on the Wednesday immediately preceding the regular meeting. 8.9 Submissions — to Clerk — deadline All submissions for inclusion in the agenda for regular meetings of Council shall be submitted to the Clerk no later than 4:00 pm on the Monday immediately prior to the date on which the agenda is to be distributed pursuant to Sections 8.6, 8.7 and 8.8. 8.10 Supplemental Agenda — Submissions Any person, including a member of Council and an employee or officer of the Corporation, may request that the Clerk include in a Supplemental Agenda a submission filed after the 4:00 pm Monday deadline established by Section 8.9 but before 4:00 pm on the Thursday immediately preceding the regular meeting. 8.11 Supplemental Agenda and Council Kit — Delivery If the Clerk receives any request pursuant to Section 8.10, the Clerk shall prepare a Supplemental Agenda and Supplemental Council kit, which shall be distributed electronically to all members of Council and all Corporation officers and staff who are to receive copies as determined by the Chief Administrative Officer no later than 4:00 pm on the Friday immediately preceding the ordinaire. 8.8 Disponibilite de ]'ordre du jour, grand public Le greffier ou la greffiere doit faire tout ce qui est en son pouvoir pour s'assurer que Fordre du jour et la trousse de documents relatifs aux reunions du Conseil sont mis a la disposition du grand public au bureau du greffier communal ou de la greffiere communale et sur le site Web de The City of Saint John avant 16h30 le mardi pr6cddent la r6union ordinaire. En aucun cas, le greffier ou la greffiere ne mettra a la disposition du grand public Pordre du jour et la trousse de documents relatifs aux reunions ordinaires du conseil, apres 16h30 le mercredi pr6c6dant la r6union ordinaire. 8.9 Propositions au greffier ou a la greffiere, date limite Toute proposition devant etre inscrite a Fordre du jour des reunions ordinaires du conseil doit titre remise au greffier ou a la greffiere avant 16 h le lundi prdc6dant la date a laquelle ]'ordre du jour doit etre distribue en vertu des articles 8.6, 8.7 et 8.8. 8.10 Ordre du jour supplementaire, propositions Toute personne, incluant un membre du conseil et un employ6 ou un dirigeant de la Corporation, peut demander que le greffier ou la greffere inscrive, dans un ordre du jour supplementaire, une proposition ddposee apr6s la date limite, fix6e A 16 h le lundi, conformdment a Particle 8.9, mais avant 16 h le jeudi pr6c6dant la reunion ordinaire. 8.11 Distribution, ordre du jour suppl6mentaire et trousse supplementaire de documents relatifs aux reunions du conseil Pour toute demande reque par le greffier ou la greffiere en vertu de Particle 8. 10, le greffier ou la greffiere devra pr6parer un ordre du jour supplementaire et une trousse supplementaire de documents, pr6sent6e aux membres dans le cadre des reunions ordinaires. Ceux -ci devront etre distribues 6lectroniquement a tous les membres du conseil et a tous les dirigeants et employds de la 2 247 regular meeting. Corporation qui doivent recevoir des copies, comme 1'indique le directeur general, avant 16 h le vendredi precedant la reunion ordinaire. 8.12 Supplemental Agenda — made available — 8.12 Ordre du jour supplementaire mis i la public disposition du public Copies of the Supplemental Agenda and Supplemental Council kit shall be made available to the general public at the Office of the Common Clerk and on the website of The City of Saint John by 4:30 pm on the Friday immediately preceding the regular meeting. 8.13 Supplemental Agenda — automatic tabling Any matter appearing on the Supplemental Agenda may be debated pursuant to Section 12 at the regular meeting immediately following its filing with the Clerk, however, at the conclusion of such debate, or if no such debate occurs, the matter is deemed to be immediately tabled and, except as provided for herein, shall not be considered further at the same meeting. 8.14 Supplemental Agenda — restriction of taking up tabled matter Any matter automatically tabled pursuant to Section 8.13 may not, at the same meeting at which it is tabled, be taken up for further debate, voted on pursuant to Section 16 or made the subject of any motion pursuant to Section 15, unless, by vote on a motion made and seconded by any two members present, two thirds of the members present at the meeting agree to take up the matter, at which time the matter may be further debated and considered by Council as if it had been included on the Agenda for the regular meeting. 8.15 Consideration at next regular meeting Des copies de Pordre du jour supplementaire et de la trousse supplementaire de documents doivent titre miles i la disposition du grand public au bureau du greffier communal ou de la greffiere communale et sur le site Web de The City of Saint John avant 16 h 30 le vendredi precedant la reunion ordinaire. 8.13 Ordre du jour supplementaire, report automatique Toute question figurant a 1'ordre du jour supplementaire peut titre debattue en vertu de Particle 12, au cours de la reunion ordinaire, immediatement apres son depot aupres du greffier ou de la greffiere. Toutefois, lorsque ledit debat est termine ou si la question n'est pas debattue, elle est consideree titre immediatement reportee et, sauf disposition contraire dans le present arrete, ne devrait pas titre examinee davantage au cours de la meme reunion. 8.14 Ordre du jour suppl6mentaire, restrictions relatives a la remise en debat des questions reportees Toute question reportee automatiquement en vertu de Particle 8.13 ne peut, au cours de la reunion au cours de laquelle elle a ete reportee, etre debattue A nouveau, faire Pobjet d'un vote en vertu de Particle 16, ou faire ]'objet de toute proposition en vertu de Particle 15, sauf si, par un vote sur cette proposition, deposee et appuyee par deux membres presents, les deux tiers des membres presents i ]a reunion sont d'accord pour reprendre les discussions concernant la question, en quel temps, la question pourra titre debattue et examinee par le conseil comme si elle avait ete incluse a Pordre du jour de la reunion ordinaire. 8.15 Examen i la prochaine reunion ordinaire Any matter included on the Supplemental Agenda Toute question figurant i Pordre du jour that is not taken up pursuant to Section 8.14, shall supplementaire qui ne fait pas ]'objet de .• be included by the Clerk on the Agenda for the regular meeting immediately following the meeting at which it was tabled, and shall be taken up by Council at such regular meeting without the requirement for a motion to take it up pursuant to Section 15.10, and shall be dealt with as otherwise provided herein for any matter included on the Agenda for such meeting. 8.16 Special meeting — preparation — requirements For special meetings, the agenda shall be prepared as the Mayor, or in the case of a petition, the Clerk, may direct. 8.17 Not delivered — on schedule — meeting valid Failure by the Clerk to meet any deadline set out herein shall not invalidate the Council meeting or any proceedings thereat." 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 A.D. 2012 and signed by: discussions en vertu de Particle 8.14, devrait titre incluse, par le greffier ou ]a greffi6re, a Pordre du jour de la r6union ordinaire du conseil qui suivra la r6union au cours de laquelle elle a 6t6 report6e. Elle devra de plus faire ]'objet de discussions par le conseil lors de cette prochaine rdunion ordinaire du conseil sans devoir faire Pobjet d'une proposition pour reprendre les discussions conform6ment a ]'article 15.10, et devra titre trait6e, sauf disposition contraire dans le pr6sent an7&6, et ce pour toute question figurant a l'ordre du jour d'une telle r6union. 8.16 R6union extraordinaire, preparation, exigences L'ordre du jour des r6unions extraordinaires est r6di& sous la direction du maire, ou dans le cas d'une petition, selon les directives du greffier ou de la greffi&e. 8.17 D6faut de distribution en temps opportun, validite de la r6union Si le greffier ou la greffiere ne respecte pas le calendrier 6tabli par le pr6sent arr&6, la r6union du conseil ou les d6lib6rations n'en seront pas invalidaes pour autant. » EN FOI DE QUOI The City of Saint John a fait apposer son sceau communal sur le present arr&6 le 2012, avec les signatures suivantes : Mayor / Maire Common Clerk / Greffi6re communale First Reading - Premiere lecture - Second Reading - Deuxi6me lecture - Third Reading - Troisi6me lecture - 4 249 REPORT TO COMMON COUNCIL M & C — 2012 -190 June 12, 2012 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: P SUBJECT: Cancel Tendering Process — Tender # 2012- 081801T Public Plaza BACKGROUND: At the open session Council meeting of March 12, 2012, members of Common Council accepted a recommendation set forth by the Peel Plaza Steering Committee, to proceed with issuing a Request for Tender for the construction of the Public Plaza component of the Peel Plaza Project. An advertised public tender call was issued by Materials Management on May 17, 2012 with a closing date of June 13, 2012. ANALYSIS: Five tenders were received and accepted by the Tender Opening Committee as being compliant with the mandatory requirements of the Request for Tender. A summary of the bids received is as follows: Bid Price Bidder (HST included) 1. Bird Construction Group $2,974,000.00 2. Maxim 2000 Inc. $2,976,420.00 3. Pomerleau Inc. $3,026,000.00 4. Castle Rock Construction Services Inc. $3,070,000.00 5. Avondale Construction Ltd. $3,355,000.00 "Consultant's Estimate $1,700,000.00 With an allocated budget amount of $2,275,000 to cover construction costs and contingencies, the lowest bid received exceeds the budget by an amount of $699,000. 250 Page 2 ANALYSIS CONT'D: As funds are not available to award this tender, the only viable option to the City is to cancel the tendering process. Provisions to allow the City to cancel the tendering process were included in the tender call document. It is staff's intention to amend the scope of work and issue a new Request for Tender. RECOMMENDATION: It is recommended that the tender process for Tender No. 2012- 081801T - PUBLIC PLAZA be cancelled and Materials Management be directed to send a notice of cancelation to all tenderers. Respectfully submitted, Cindy Calvin, CPPB Acting Manager of Materials Management Greg Yeomans Commissioner of Finance and Administrative Services 251 12-,)— REPORT TO COMMON COUNCIL M &C 2012 -189 July 12, 2012 His Worship Mel Norton And Members of Common Council: Your Worship and Councillors: SUBJECT: Proposed Change to Market Place West Master Plan BACKGROUND: 7M The City of saint )arhn In 2010 a Master Plan was developed for Market Place West, the eight acre area of parkland between the Lower West Side and the Port. Monies were allocated in the 2012 Capital Budget for the first phase of the project which will concentrate on the area from the playground over to Market Square. Originally the scope of work was to include reorientation and reconstruction of the outdoor rink. This is an area used for ball hockey during the summer and as a natural ice rink during the winter. Since the decision was made to proceed with the first phase of the work there has been renewed discussion about the project and it was proposed that a change be made to the plan — to incorporate a splash pad into the design in lieu of the outdoor rink. The director of the Carleton Community Centre has sought input from stakeholders such as Westside PACT and local area residents at community events over the past few months and the response has been overwhelmingly favourable. Based on the success and popularity of the splash pads opened at Rainbow Park and Fleming Court, staff are in favour of making this change and feel that a splash pad would fit very well with the community centre and adjacent playground. ANALYSIS Due to the limited budget available for this project it is unlikely that the splash pad can be fully constructed this year. Design work done for this first phase can incorporate any necessary servicing to this facility and some of the equipment can be purchased this year if within the budget. The preliminary design stage of the project will identify more clearly what can be accomplished with the available budgets. 252 M&C 2012 -189 Proposed Change to Market Place West Master Plan July 12, 2012 FINANCIAL IMPLICATIONS This change to the Master Plan should not significantly affect the overall capital cost of this development. The scope of work for 2012 will be adjusted to fit within the envelope of approved money. There will be a slight increase in ongoing maintenance costs which staff estimate to be in the range of $15,000 to $20,000 per year. RECOMMENDATION: It is recommended that Common Council authorize a change to be made to the Market Place West 2010 Master Plan to incorporate a splash pad into the design in lieu of the outdoor rink. Respectfully submitted, Michael Hugenholtz, P.Eng. J(' P trick Woods, CGA Acting Deputy Commissioner, C Manager Transportation and Public Spaces 253 REPORT TO COMMON COUNCIL M &C2012 -188 July 12, 2012 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: The City of Saint )ohn SUBJECT: Contract No. 2012 -21: 1500mm diameter and 1350mm diameter Concrete Pressure Pipe Electromagnetic Inspection BACKGROUND The 2012 Water & Sewerage Utility Fund Capital Program includes funding for the detailed inspection of the 1500mm and 1350mm industrial water transmission main that delivers water from Spruce Lake to the Irving Pulp and Paper Mill. The work to be done under this contract includes the supply of all necessary labour, materials and equipment for the completion of the work which consists generally of: • Electromagnetic inspection of 8.4km of concrete pressure pipe • Internal HD CCTV video of all piping • Analysis and report of findings • Pipe tracing of buried pipeline • Removal and replacement of various bolts, gaskets and fittings at access chambers • Restoration of disturbed grounds at access points. TENDER RESULTS Tenders closed on July 11, 2012 with the following results: 1. Pure Technologies Ltd., Calgary, Alberta $452,354.54 The Engineer's estimate for the work was $500,816.00. ANALYSIS The tender was reviewed by staff and it was found to be formal in all respects. Staff is of the opinion that the tenderer has the necessary resources and expertise to perform the work and recommend acceptance of their tender. 254 M &C2012 -188 July 12, 2012 Page 2 FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2012 Water & Sewerage Utility Fund Capital Program. Assuming award of the Contract to the tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by City forces and Others. The analysis is as follows: Budget Project net cost Variance (surplus) $650,000.00 $495,750.88 $154,249.12 POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract 2012 -21: 1500mm Diameter and 1350mm Diameter Concrete Pressure Pipe Electromagnetic Inspection be awarded to the tenderer, Pure Technologies Ltd., at the tendered price of $452,354.54 as calculated based upon estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, Dean Price, P. Eng. Municipal Engineer Wm. Edwards, P. Eng. Commissioner Transportation and Environment Brian Keenan, P. Eng. Engineering Manager J. Patrick Woods, CGA City Manager 255 REPORT" TO COMMON COUNCIL M &C2012 -180 July 9, 2012 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Contract 2012 -15: Hazen Creek Culvert Replacements /Modifications INTRODUCTION The City of Saint John Saint John Harbour Clean -Up is about good health, clean waterways and quality of life. City of Saint John wastewater treatment and collection systems are being enhanced to protect people and the natural environment, and to help sustain institutions and the economy. Substantial progress has been made in the wastewater service. The purpose of this report is to recommend award of the contract for the construction of Hazen Creek Culvert Replacements /Modifications. This project must be completed to offset the effects of harmful alteration, disruption, or destruction (HADD) of fish habitat associated with the completed Eastern Wastewater Treatment Facility Outfall construction. This is a requirement by Fisheries and Oceans Canada as part of the environmental approval for the project. The cost to complete this HADD compensation work is an eligible cost under the Harbour Clean -Up program. BACKGROUND The Harbour Clean-Up Program is comprised of two major project components, the Eastern Wastewater Treatment Facility and a Wastewater Collection System. Construction on the Eastern Wastewater Treatment Facility is substantially complete and the facility is in operation. The design work for the Wastewater Collection System is continuing with the following projects tendered and constructed: Bayside Drive Sanitary Forcemain Phase 1 and Phase 2, Monte Cristo Lift Station #34, Red Head Road Lift Station #1, Red Head Road Lift Station #50, Bayside Drive Lift Station #2, Newmans Brook Sewer Separation, Spar Cove Pumping Station #22, Harbour Station Lift Station #10 and Riverview Avenue Lift Station #30. Crown Street Lift Station #8, Bridge Street Lift Station #23 and Milford Road Lift Station #32 are scheduled to be completed by June 2012. Tippett Drive Lift Station #33 is scheduled to be completed by August 2012. Bayside Drive Lift Station #3 and Kennedy Street Lift Station #24 are scheduled to be completed by September, 2012. Crown Street Lift Station 7 & 7A is scheduled to be completed by October, 2012. Chesley Drive Lift Station #10A, Lower Cove Loop Lift Station #9, the Thorne Avenue — One Mile Lift Station Sanitary Force Main project, Highland Road Lift Station 21 & 21A and Riverview Drive Lift Station #28 are scheduled to be completed by November, 2012. 256 M & C 2012- 180 July 9, 2012 Page 2 TENDER RESULTS Tenders closed on July 5, 2012, for the Hazen Creek Culvert Replacements /Modifications project with the following results: 1. Fairville Construction Ltd., Saint John, NB 2. Spectrum Enterprises Inc. Saint John, NB 3. H. E. Merchant & Sons Ltd., St. George, NB 4. Galbraith Construction Ltd., Saint John, NB 5. Gulf Operators Ltd., Saint John, NB 6. Fundy Contractors Limited, St. George, NB 7. Boudreau L & S Excavation Ltee, Tracadie- Sheila, NB The Engineer's estimate for the work was $475,700. ANALYSIS $468,395.85 $512,964.12 $527,571.29 $593,906.53 $627,448.32 $725,739.68 $767,460.97 The tenders were reviewed by the Tender Opening Committee and all tenders were found to be formal in all respects with the exception of the tender submitted by Maguire Excavating Ltd., which was disqualified in accordance with General Specifications Division 2 — Instructions to Tenderers and Tendering Procedures Clause 2.8.0.3, as the tender did not include a signed copy of the issued addendum. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the Water & Sewerage Utility Fund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes work that will be performed by City forces and others. The following analysis has been completed: Budget Project net cost Variance $500,000.00 $515,538.43 ($15,538.43) The projected shortfall ($15,538.93) for this project will be managed within the overall Harbour Clean -Up Program envelope. To date, the cumulative amount committed through award of Harbour Clean -Up Program projects is $96,743,134.02 including the City's eligible H.S.T. rebate. The overall total estimated cost of the Harbour Clean -Up Program as reported to Council on September 28, 2009 (M &C 2009 -318) is $99,400,000 including the City's eligible H.S.T. rebate. POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. 257 M & C 2012- 180 July 9, 2012 Page 3 RECOMMENDATION It is recommended that Contract 2012 -15: Hazen Creek Culvert Replacements/Modifications, be awarded to the low Tenderer, Fairville Construction Ltd., at the tendered price of $468,395.85 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, 1� Brian Keenan, P. Eng. Engineering Manager Wm. Edward , Eng. Commissioner Transportation and Environment J. Patrick Woods, CGA City Manager 258 REPORT TO COMMON COUNCIL M &C2012 -185 July 10, 2012 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: rin The City of Saint John SUBJECT: Contract 2012 -9: Gilbert Street — Sanitary Lift Station #5 & Force Main INTRODUCTION Saint John Harbour Clean -Up is about good health, clean waterways and quality of life. City of Saint John wastewater treatment and collection systems are being enhanced to protect people and the natural environment, and to help sustain institutions and the economy. Substantial progress has been made in the wastewater service. The purpose of this report is to recommend award of the contract for the construction of the Gilbert Street — Sanitary Lift Station #5 & Force Main. BACKGROUND The Harbour Clean-Up Program is comprised of two major project components, the Eastern Wastewater Treatment Facility and a Wastewater Collection System. Construction on the Eastern Wastewater Treatment Facility is substantially complete and the facility is in operation. The design work for the Wastewater Collection System is continuing with the following projects tendered and constructed: Bayside Drive Sanitary Forcemain Phase l and Phase 2, Monte Cristo Lift Station #34, Red Head Road Lift Station #1, Red Head Road Lift Station #50, Bayside Drive Lift Station #2, Newmans Brook Sewer Separation, Spar Cove Pumping Station #22, Harbour Station Lift Station #10 and Riverview Avenue Lift Station #30. Crown Street Lift Station #8, Bridge Street Lift Station #23 and Milford Road Lift Station #32 are scheduled to be completed by June 2012. Tippett Drive Lift Station #33 is scheduled to be completed by August 2012. Bayside Drive Lift Station #3 and Kennedy Street Lift Station #24 are scheduled to be completed by September, 2012. Crown Street Lift Station 7 & 7A and the Hazen Creek Culvert Replacements /Modifications project are scheduled to be completed by October, 2012. Chesley Drive Lift Station #10A, Lower Cove Loop Lift Station #9, the Thorne Avenue — One Mile Lift Station Sanitary Force Main project, Highland Road Lift Station 21 & 21A and Riverview Drive Lift Station #28 are scheduled to be completed by November, 2012. 259 M &C2012 -185 July 10, 2012 Page 2 TENDER RESULTS Tenders closed on July 10, 2012, for the Gilbert Street — Sanitary Lift Station #5 & Force Main project with the following results: 1. Fairville Construction Ltd., Saint John, NB $857,166.59 2. Galbraith Construction Ltd., Saint John, NB $883,604.63 3. Gulf Operators Ltd., Saint John, NB $1,010,125.08 The Engineer's estimate for the work was $903,205.61 KaIM F-1 The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low Tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the Water & Sewerage Utility Fund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes work that will be performed by City forces and others. The following analysis has been completed: Budget Project net cost Variance $567,500.00 $784,563.82 ($217,063.82) The projected shortfall ($217,063.82) for this project will be managed within the overall Harbour Clean-Up Program envelope. To date, the cumulative amount committed through award of Harbour Clean-Up Program projects is $97,527,698.34 including the City's eligible H.S.T. rebate. The overall total estimated cost of the Harbour Clean-Up Program as reported to Council on September 28, 2009 (M &C 2009 -318) is $99,400,000 including the City's eligible H.S.T. rebate. POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. 260 M & C 2012 -185 July 10, 2012 Page 3 RECOMMENDATION It is recommended that Contract 2012 -9: Gilbert Street — Sanitary Lift Station #5 & Force Main, be awarded to the low Tenderer, Fairville Construction Ltd., at the tendered price of $857,166.59 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, f �r John Campbell, P. Eng. Brian Keenan, P. Eng. Municipal Engineer Engineering Manager Wm. Edwards, ng. J. Patrick Woods, CGA Commissioner City Manager Transportation and Environment 261 July 16, 2012 Deputy Mayor and Members of Common Council: Re: Freedom of the City for the 410 City of Saint John Squadron, Royal Canadian Air Force The Committee of the Whole having met on July 3, 2012 decided to recommend that Council confer the honour of Freedom of the City to the 410 City of Saint John Squadron, Royal Canadian Air Force. In March of this year Council resolved to re- affiliate with the Squadron which the City adopted during the last two years of World War Two. The Freedom of the City is exceptional and unique and is the highest honor the City can bestow upon citizens or groups. It has been conferred to other military battalions in the past and the Committee believes it appropriate to convey this honor to the 410 City of Saint John Squadron. Mel Norton Mayor /r SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 ; www.saingohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 262 Common Council City of Saint John COMMON CLERK'S OFFICE JUL 0 6 2012 CITY OF SAWT JOHN July 2, 2012 I live at 189 Adelaide St. next to what was the old Irving Service Station. My neighbours and I have requested their property manager to at least cut the jungle of this neglected eyesore a number of times over the years and are ignored ! It is so bad my neighbour has put a tarp over his back fence to block out this mess . Both of us spent $ 250 last year for an exterminator to get rid of field mice that have infested our houses from this jungle ! I spend a lot of time and money growing flowers and have trees to the rear of my property to beautify this part of the old north end ! If the City cannot demand or request this mess be cleaned then I feel my property taxes should be substantially lowered as their mess certainly lowers the value of my property and makes it extremely difficult to sell. Peter Whitebone 189 Adelaide St Saint John E2K 1 X2 652 -4018 263