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2012-10-09_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Tuesday, October 09, 2012 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une r6union de Conseil Communal, veuillez contacter le bureau de la greffi6re communale au 658 -2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of 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 Land Matter 10.2(4)(d) 1.2 Personal Matter 10.2(4)(b) 1.3 Personal Matter 10.2(4)(b) 1.4 Financial Matter 10.2(4)(c,j) 1.5 Employment Matter 10.2(4)0) 1.6 Land Matter 10.2(4)(d) Regular Meeting 1. Call to Order — Prayer 6:00 p.m. Council Chamber 2. Approval of Minutes 2.1 Minutes of September 4, 2012 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Discover Saint John - Request to Present 6. Members Comments 7. Proclamation 8. Delegations/ Presentations 9. Public Hearings 7:00 p.m. 9.1(a) Proposed Zoning ByLaw Amendment - 416 Sandy Point Rd 3 9.1(b) Planning Advisory Committee Report recommending Rezoning with Sec 39 Conditions 9.2(a) Proposed Municipal Plan Amendment - 3795 Loch Lomond Rd, Abigail Place and 356 Eldersley Ave 9.2(b) Planning Advisory Committee Report recommending Municipal Plan Amendments 10. Consideration of By -laws 10.1 Third Reading - Proposed Traffic By -Law Amendment Respecting Schedule "K" 11. Submissions by Council Members 12. Business Matters — Municipal Officers 12.1 City Solicitor: Amendment to the Traffic By -Law - Westfield Road Speed Limit 13. Committee Reports 13.1 Planning Advisory Committee: Proposed Subdivision and Variances - 140 Coldbrook Cres 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Harbour Skating Club - Request for Free Ice Time Supplemental Agenda Items: s2.1 Minutes of September 10, 2012 s2.2 Minutes of September 24, 2012 s7.1 National Science and Technology Week - October 12 -21, 2012 s8.1 City Manager: Financial Framework Presentation s11. 1 Parking on Douglas Avenue (Councillor MacKenzie) s11.2 Animal Control By -Law (Councillor MacKenzie) s12.2 Common Clerk: Scheduling a Committee of the Whole Meeting s12.3 City Manager: Proposed Public Hearing Date 317 City Line and 290 Ludlow St s12.4 City Manager: Millidgeville Wastewater Treatment Facility Energy Retrofit Phase I s12.5 City Manager: Feasibility Study Agreement - HDS Energy and Ecosystems NB, Ltd. s12.6 City Manager: Snow Removal on Red Head Road s12.7 City Manager: Acquisition of Watershed Land - 4361 Loch Lomond Road s12.8 City Manager: Harbour Bridge Snow Plowing Feasibility Analysis s12.9 City Manager: Green Municipal Funding Agreement - New Police Headquarters s13.2 Saint John Police Force: August 2012 Financial Results s15.2 United Way Request to Present 16. Adjournment 2 The City of Saint John Seance du conseil communal Le mardi 9 octobre 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 greffi&re 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 s6ance publique 16 h 30 — Salle de conference, 8e 6tage, hotel de ville 1.1 Question relative au personnel — alin6a 10.2(4)b) 1.2 Question relative au personnel — alin6a 10.2(4)b) 1.3 Question relative au personnel — alin6a 10.2(4)b) 1.4 Question financi&e — alin6as 10.2(4)c), j) 1.5 Question relative a 1'emploi — alin6a 10.2(4)j) 1.6 Question relative aux biens -fonds — alin6a 10.2(4)d) Seance ordinaire 1.Ouverture de la seance, suivie de la priere 18 h — Salle du conseil 2. Approbation du proces- verbal 2.1 Proc&s- verbal de la s6ance tenue le 4 septembre 2012 3. Adoption de Pordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a 11approbation du conseil 5.1 D6couvrez Saint John — demande en vue de faire une pr6sentation devant le conseil 6. Commentaires pr6sent6s par les membres 7. Proclamation 8. Delegations et presentations 9. Audiences publiques 19h 9.1a) Projet de modification de 1'Arret6 de zonage visant le 416, chemin Sandy Point 9.1b) Rapport du Comit& consultatif d'urbanisme recommandant le rezonage conform6ment aux conditions impos6es par Particle 39 9.2a) Projet de modification du plan municipal visant le 3795, chemin Loch Lomon, la place Abigail et le 356, avenue Eldersley 9.2b) Rapport du Comit6 consultatif d'urbanisme recommandant les modifications du plan municipal 10. ktude des arretes municipaux 10.1 Troisi&me lecture du projet de modification de 1'Arret& relatif a 1'annexe K 11. Interventions des membres du conseil 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Avocat municipal: Modification de 1'Arr6t6 relatif a la circulation en ce qui concerne la limite de vitesse sur le chemin Westfield 13. Rapports deposes par les comit6s 13.1 Comit6 consultatif d'urbanisme : Projet de lotissement et de d6rogation visant le 140, croissant Coldbrook 14. ktude des sujets ecartes des questions soumises a 1'approbation du conseil 15. Correspondance generale 15.1 Club Harbour Skating — Demande d'heures de glace gratuites Points supplementaires a l'ordre du jour : s2.1 Proces- verbal du 10 septembre 2012 s2.2 Proces- verbal du 24 septembre 2012 s7.1 Semaine nationale des sciences et de la technologie, du 12 au 21 octobre 2012 s8.1 Directeur g6n6ral : Pr6sentation relative au cadre financier s11. 1 Stationnement sur 1'avenue Douglas (conseiller MacKenzie) s11.2 Arr6t6 sur les animaux domestiques (conseiller MacKenzie) s12.2 Greffi&re communale : Organisation des r6unions du comit6 pl6nier s12.3 Directeur g6n6ral : Date propos6e pour les audiences publiques visant le 317, chemin City Line et le 290, rue Ludlow s 12.4 Directeur g6n6ral : Phase 1 du programme de modernisation de 1'efficacit6 6nerg6tique pour l'installation de traitement des eaux us6es de Millidgeville s12.5 Directeur g6n6ral : Entente relative a une Etude de faisabilit6 — HDS Energy and Ecosystems NB, Ltd. s 12.6 Directeur g6n6ral : D6neigement du chemin Red Head s12.7 Directeur g&n&ral : Acquisition du bassin versant situ& au 4361, chemin Loch Lomond s12.8 Directeur g&n&ral : Analyse de faisabilit6 relativement au d6neigement du pont du port s12.9 Directeur g6n6ral : Entente de financement municipal pour 1'environnement — Nouveau quartier g6n6ral du Service de police s13.2 Service de police de Saint John : Bilan financier du mois d'aout 2012 s15.2 Demande pr6sent6e par Centraide visant a se pr6senter devant le conseil 16. Levee de la seance 97-294 COMMON COUNCIL /CONSEIL COMMUNAL SEPETEMBER 04, 2012/LE 04 SEPTEMBRE 2012 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — SEPTEMBER 04, 2012 - 6:00 P.M. Present: Mayor Mel Norton Deputy Mayor Rinehart and Councillors Farren, Fullerton, McAlary, Norton, Reardon, and Strowbridge - and — K. Forrest, Commissioner of Growth and Development /Acting City Manager; S. Brittain, Solicitor; G. Yeomans, Commissioner of Finance and Administrative Services; W. Edwards, Commissioner of Transportation and Environment Services; A. Poffenroth, Deputy Commissioner; M. King, Police Staff Sgt.; J. Taylor, Assistant Common Clerk; J. Beltrandi Chown, Administrative Assistant 1. Call To Order - Prayer Mayor Norton called the meeting to order. Deputy Mayor Rinehart offered the opening prayer. 1.1 Committee System in the City of Fredericton Mayor Norton welcomed Stephen Chase, the Deputy Mayor of the City of Fredericton and Chris MacPherson the Chief Administrative Officer of the City of Fredericton. Deputy Mayor Chase provided a brief overview of the committee system of governance used by the City of Fredericton. He explained that the committees contribute to city business by making recommendations to Council and providing ample time for the public to become acquainted with issues. Referring to a submitted presentation, Mr. MacPherson outlined some of the programs areas of the City of Fredericton and he briefly discussed the standing committees and benefits of the committee system. Responding to a question regarding transparency, Deputy Mayor Chase stated that the public typically has two or three opportunities to consider as specific issue, noting that in his view the public has more access to information with the committee system. 1.2 City Manager: City of Saint John Core Service Review On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that item 1.2 City Manager: City of Saint John Core Service Review be lifted from the table. Question being taken, the motion was carried. Referring to a submitted report, Ms. Hamilton explained the City Manager was directed by Council to issue a Request for Proposals for consulting services to be engaged on an as- needed basis. Responding to a question Ms. Hamilton clarified that the consultants will drive the facilitation of the public engagement workshops and the content. She added that staff will support the initiative by doing the groundwork and being present to assist in facilitating all four of the planned workshops to reduce the cost. Councillor Farren stated that he would not support the proposal, noting that a study is not required to identify Council's priorities. Councillor Fullerton stated that she would not support the proposal because of the cost Responding to questions, Ms. Hamilton stated that the results of the community engagement process would be supplied to Council in sufficient time to prepare for the 2013 budget and to set priorities for the next year. 5 97-295 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 04, 2012/LE 04 SEPTEMBRE 2012 On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that 1. The submitted proposal by Performance Concepts Consulting Inc. dated August 9tn 2012 in response to Request for Proposal 2012- 092202P City of Saint John Core Service Review be accepted and a contract awarded to Performance Concepts Consulting Inc. in the amount of $67,500 plus taxes; and 2. The Mayor and Common Clerk be authorized to execute the necessary document. Question being taken, the motion was carried with Councillors Farren, Fullerton and Strowbridge voting nay. Responding to a question regarding switching to a committee form of governance Mr. Forrest stated that Council should consider what other information it needs to make a decision and what structure would allow the most productive conversations on the issues. On motion of Councillor Farren Seconded by Deputy Mayor Rinehart RESOLVED that the Committee system form of government be referred to the Common Clerk to be placed on the next available Council agenda; and further that the Common Clerk be directed to provide Council with information on other New Brunswick municipalities that are currently using a committee system. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the Council meeting of September 4, 2012, be adjourned. The Mayor declared the meeting adjourned at 7:30 p.m. Mayor Common Clerk 0 97-296 COMMON COUNCIL / CONSEIL COMMUNAL SEPETEMBER 04, 2012/LE 04 SEPTEMBRE 2012 SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A L'HOTEL DE VILLE, LE 4 SEPTEMBRE 2012 A 18 H Sont presents : Mel Norton, maire la mairesse suppleante Rinehart et les conseillers Farren, Norton et Strowbridge et les conseillbres Fullerton, McAlary et Reardon et K. Forrest, commissaire aux services de developpement et de croissance /directeur general par interim; S. Brittain, avocat; G. Yeomans, commissaire aux services financiers et administratifs; W. Edwards, commissaire aux services de transport et d'environnement; A. Poffenroth, commissaire adjointe; M. King, sergent d'etat -major du service de police; J. Taylor, greffier communal adjoint; J. Beltrandi Chown, adjointe administrative 1. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire Norton. La mairesse suppleante Rinehart recite la priere d'ouverture. 1.1 Systeme des comites de la Ville de Fredericton Le maire Norton souhaite la bienvenue au maire suppleant, Stephen Chase, ainsi qu'au directeur general, Chris MacPherson, de la Ville de Fredericton. Le maire suppleant Chase donne un bref apergu du mode de gestion du systeme des comites utilise par la Ville de Fredericton. II explique que les comites contribuent au bon fonctionnement des operations municipales en faisant des recommandations au conseil et en accordant suff isamment de temps au public de se familiariser avec les questions. Faisant reference a une presentation anterieure, M. MacPherson presente certains des domaines d'action des programmes de la Ville de Fredericton et parle bribvement des comites permanents et des avantages du systeme des comites. En reponse a une question concernant la transparence, le maire suppleant Chase precise que le public dispose habituellement de deux ou trois occasions pour aborder une question precise, faisant remarquer que le public a un meilleur accbs a de ('information avec le systeme des comites. 1.2 Directeur general : Examen des services de base de The City of Saint John Proposition de la conseillere McAlary Appuyee par la conseillere Reardon RESOLU que le point 1.2 Directeurgeneral: Examen des services de base de The City of Saint John soit soumis aux fins de discussion. A ('issue du vote, la proposition est adoptee. Faisant reference a un rapport depose anterieurement, Mme Hamilton explique que le directeur general a ete charge par le conseil de lancer une demande de propositions en vue de retenir les services de consultants lorsque cela est necessaire. En reponse a une question, Mme Hamilton precise que les consultants dirigeront les ateliers sur la mobilisation du public et s'occuperont du contenu de ceux -ci. Elle ajoute que le personnel appuiera ('initiative en preparant le terrain et en etant present pour aider a diriger les quatre ateliers prevus afin de reduire les couts. Le conseiller Farren affirme qu'il n'appuiera pas la proposition, faisant remarquer qu'une etude nest pas necessaire pour etablir les priorites du conseil. La conseillere Fullerton indique qu'elle n'appuiera pas la proposition en raison du cout. 7 97-297 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 04, 2012/LE 04 SEPTEMBRE 2012 En reponse a des questions, Mme Hamilton declare que les resultats du processus de mobilisation communautaire seraient fournis au conseil assez longtemps d'avance avant la preparation du budget 2013 et 1'etablissement des priorites de I'annee prochaine. Proposition de la conseillere McAlary Appuyee par la conseillere Reardon RESOLU que 1. la proposition soumise par Performance Concepts Consulting Inc., datee du 9 aout 2012, en reponse a la demande de propositions 2012- 092202P pour 1'examen des services de base de The City of Saint John, soit acceptee et que le contrat soit accorde a Performance Concepts Consulting Inc., pour la somme de 67 500 $, taxes en sus; 2. que le maire et la greffiere communale soient autorises a signer le document contractuel necessaire. A ('issue du vote, la proposition est acceptee. Les conseillers Farren et Strowbridge et la conseillere Fullerton votent contre la proposition. En reponse a une question concernant le passage au mode de gestion du systeme des comites, M. Forrest declare que le conseil devrait reflechir aux autres renseignements dont it aurait besoin pour prendre une decision ainsi qu'a la structure qui permettrait d'avoir les conversations les plus productives sur les questions. Proposition du conseiller Farren Appuyee par la mairesse suppleante Rinehart RESOLU que la question du mode de gestion du systeme des comites soit transmise a la greffiere communale afin qu'elle figure au prochain ordre du jour du conseil et que la greffiere communale soit chargee de fournir au conseil de ('information sur d'autres municipalites du Nouveau - Brunswick utilisant actuellement le systeme des comites. A ('issue du vote, la proposition est adoptee. Proposition de la conseillere McAlary Appuyee par la mairesse suppleante Rinehart RESOLU que la reunion du conseil du 4 septembre 2012 soit levee. Le maire declare que la seance est levee a 19 h 30. maire greffiere communale D[SCOVEP,DECOUVREZ SAINT JOHN September 27, 2012 Mayor and Common Council City of Saint John Saint John, NB Your Worship and Members of Common Council; On behalf of your newly established Destination Marketing Organization and the management and Board of Directors of Discover Saint John, we would like to request an opportunity to provide you with an update on our activities for the 2012 year and overview of our plans for the upcoming year. Throughout the 2012 year, the Board and Management have been working diligently on your behalf and on behalf of the Industry to implement our five year strategic plan. We remain excited about the new work completed with the new public - private DMO and are equally excited for the work we have planned ahead. At your convenience we would be very pleased to provide you with an update on the current industry performance indicators, our strategy, our objectives, and to answer any questions you may have. Sincerely, Tammy LeBlanc Chair Discover Saint John Ross Jefferson Executive Director Discover Saint John PO Box 1971 • 1 1" Floor • City Hall • 15 Market Square • Saint John • New Brunswick • Canada • E2L 4L1 T 506.658.2990 F 506.632.61 18 discoverSaintJohn.com 9 C�,� �Ot) BY -LAW NUMBER C.P.110- A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 3980 square metres, located at 416 Sandy Point Road, also identified as being PID No. 55115968, from "RM -1" Three Storey Multiple Residential to "IL- 1" Neighbourhood Institutional - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2012 and signed by: Mayor/Maire ARRETE No C.P.110- ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune r6union du conseil communal, The City of Saint John a d6cr&6 ce qui suit : Uarret6 sur le zonage de The City of Saint John, d6cr&6 le dix -neuf (19) d6cembre 2005, est modifi6 par: 1 La modification de 1'annexe <<A», Plan de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain d'une superficie d'environ 3 980 metres carr6s, situ6e an 416, chemin Sandy Point, et portant le NID 55115968, de zone d'6difices a logements multiples de trois dtages « RM -1 » A zone de quartier a vocation collectif << IL -1 - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du present arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arr6t6 le 2012, avec les signatures suivantes : Common C1erk/Greffiere communale First Reading - Premi6re lecture Second Reading - Deuxieme lecture Third Reading Troisieme lecture 10 Advertiser Name: Saint John Common Clerk Advertiser Code: S71206 Size: 4.00 x 10.75 in. Sales Rep: Elizabeth Cook PROPOSED ZONING BY-LAW AMENDMENT RE: 416 SANDY POINT ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Tues- day, October 9, 2012 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 3980 square metres, located at 416 Sandy Point Road, also identi- fied as PID No. 55115968, from "RM -1" Three Storey Multiple Residential to "IL -1" Neigh- bourhood InsUtudonal. REASON FOR CHANCE: To permit a group care facility for a maximum of ten adults within the existing building. The proposed amendment may be inspected by any interested person at the office of the Com- mon Clerk, or in the office of 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., Mon- day through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Elizabeth Gormley, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 416, CHEMIN SANDY POINT Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suiv- ante a 1'arr&6 sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le mardl 9 octobre 2012 a 19 h : Rezonage d'une parcelle de ter- rain dune superficie d'environ 3 980 metres carr6s, situ6e au 416, chemin Sandy Point, et portant le NID 55115968, de zone d'€dlfices 3 logements multiples de trols Stages a RM-1 .3 zone de quartler 8 vocation collectif a 141 '. RAISON DE LA MODIFICATION: Permenre un 6tablissement de soins en groupe pour dix adultes maximum clans le bStiment existant. Toute personne int6ress6e peut examiner le projet de modifica- tion au bureau de la greffi6re communale ou au bureau de l'urbanisme et du d6veloppe- ment a I'h6tel de Ville au 15, Market Square, Saint John, N.- B.,entre8h30et16h30du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire parvenir vos objec- tions au projet de modification par 6crit a I'attention de la sous - sign6e a i'h6tel de ville. Si vous avez besoin des services en fran4ais pour une reunion de Conseil Communal, veuillez contacter le bureau de la gref- fiere communale. Elizabeth Gormley, Greffiere communale 658 -2M7 Ad Number: A25394 Current Date: Sep 07 2012 04:OOPM Start Date: 9/11/2012 End Date: 9/11/2012 Color: BM Client Approval OK 11 Corrections ❑ 24 AW Printed: 08124/12 9:02:06 AM Scale: 1:1,000.00 416 Sandy Point Road: PID 55115968 m :W71395 Oh. lee. Op 41 � 43 12 Planning Advisory Committee September 19, 2012 Your Worship and Councillors: SUBJECT: 416 Sandy Point Road Proposed Rezoning P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 7 City of Saint John On September 10, 2012 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its September 18, 2012 meeting. Patricia Hay, the applicant, was in attendance at the meeting and was in favour of staff's recommendation. No one else appeared before the Committee to speak in favour or against the application, and no letters were received. After considering the report and comments made by the applicant, the Committee recommended approval of the rezoning of the property from "RM -1" Three Storey Multiple Residential to "IL -1" Neighbourhood Institutional, subject the condition set out below. RECOMMENDATION: That, pursuant to the provisions of Section 39 of the Community Planning Act, the use of a parcel of land with an area of approximately 3980 square metres, located at 416 Sandy Point Road, also identified as being PID No. 55115968, be limited to a group care facility with a maximum of ten residents. Respectfully submitted, Eric Falkjar Chairman X Project No. 12 -236 13 The City of Saint John DATE: TO: FROM: FOR: PREPARED BY: Jo r Planner SUBJECT: SEPTEMBER 11, 2012 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING PLANNING AND DEVELOPMENT MEETING OF SEPTEMBER 14, 2012 Name of Applicant: Patricia Hay Name of Owner: Patricia Hay REVIEWED BY: Ken Forrest, MCIP, RPP Commissioner Location: 416 Sandy Point Road PID: 55115968 Municipal Plan: Low - Medium Density Residential Zoning: Existing: "RM -1" Three Storey Multiple Residential Proposed: "IL -1" Neighbourhood Institutional Proposal: To rezone the property to an institutional zoning that allows for more than six adults in a group care facility. Type of Application: Rezoning (Q1. SAINT JOHN �L. P.O. Box 1971 Saint john, NB Canada E2L 41 1 www.saintjohn.ca C.P. 1971 Saint john, N. -8. Canada E2L 4L1 14 4 Patricia Hay 416 Sandy Point Road JURISDICTION OF COMMITTEE: Page 2 September 14, 2012 The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By -law. The Committee recommendation will be considered by Common Council at a public hearing on Tuesday, October 9, 2012. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council rezone a parcel of land with an area of approximately 3980 square metres, located at 416 Sandy Point Road, also identified as PID NO. 55115968, from "RM -1" Three Storey Multiple Residential to "IL -1" Neighbourhood Institutional. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the use of a parcel of land with an area of approximately 3980 square metres, located at 416 Sandy Point Road, also identified as being PID No. 55115968, be limited to a group care facility with a maximum of ten residents. BACKGROUND: In October 1995, the Planning Advisory Committee approved the establishment of a nursing home for six seniors at 416 Sandy Point Road. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments regarding the proposed rezoning: • All required parking is to be provided for on -site. • A City approved (supplied) water meter and appropriate backflow prevention must be installed by the owner. • It is assumed from the application that there will no changes to the existing site plan or servicing. If any changes are proposed, this Department must be contacted for further review and approval. • The owner is responsible for all solid waste collection services. Municipal collection services will not be provided. Buildings and Inspection Services has indicated that the applicant will be required to obtain a Change of Use permit. Any building code or life safety issues will be addressed at that time. Saint John Fire Department has indicated that there is no objection to the application, provided that the National Building and Fire Codes are adhered to. N.B. Department of Health has been advised of this application. 15 Patricia Hay Page 3 416 Sandy Point Road September 14, 2012 ANALYSIS: Subiect Site The subject property contains a single- storey building located in the City's North End (see attachments). The subject site is Iocated on Sandy Point Road near Hazen White St. Francis School. The vintage of the building stock in this area of the North End predominantly dates to the 1930s; however there is a mixed presence of buildings from periods throughout the 20d' Century. Service New Brunswick data show that the building at 416 Sandy Point Road was constructed in 1995. The parking for the building is located in the side yard on the western portion of the property, and allows enough space for two vehicles. Proposal Patricia Hay, the applicant, is seeking to rezone the above address from "RM -I" Three Storey Multiple Residential to "IL -1" Neighbourhood Institutional in order to permit the establishment of a "group care facility" for up to ten adults. A group home for six adults has been operating at this address for a number of years, which is the maximum number of adults permitted in a group home in the "RM -1" zone. The applicant has indicated that Independence Plus Inc. has operated this supported housing program since 2002. The applicant is seeking permission to increase the number of residents to a maximum of ten adults, although the immediate plans are to have only eight adults at this time. The increase in residents would change the definition of the operation to a "group care facility" according to the Zoning By -law. The applicant is requesting a rezoning to "IL -1 " as a "group care facility" is not a permitted use in the "RM -1 " zone. There are two separate parking areas on the subject lot, which can more than adequately supply the required parking for the proposed use. The Zoning By -law requires one parking space per 6 beds in a group care facility, totalling two spaces that would be required for the proposed group care facility for ten adults. Municipal Plan and Proposed Rezoning The Municipal Plan ( "P1anSJ ") has designated the area as Low to Medium Density Residential. In addition to the residential component of this designation, the Plan encourages other complementary uses to coexist with residential uses in an effort to create more "complete communities ". Policy statement HS -17 in section 5.4 of the Plan states that Council shall "encourage the provision of housing for people with special needs, including senior citizens, group homes and shelters, to integrate into appropriate residential areas of the City, in close proximity to major transit routes, community facilities and needed services ". The proposed group care facility is regarded as a community facility as the care provided by the operation is focused on offering a service to members of the community who have specific set of challenges and/or needs. Churches, schools, community residences, small clinics, nursing homes, community centres, etc., are all examples of community facilities envisioned by the Plan that could play an important role in facilitating the creation of a complete community. The subject site is close to several amenities, including Rockwood Park, Hazen White St. Francis Middle School and is serviced by transit. The proposed increase in the number of residents is consistent with the direction provided by P1anSJ and compatible with the fabric of the surrounding community, and can therefore be supported. However, 16 Patricia Hay Page 4 416 Sandy Point Road September 14, 2012 staff recommend that the rezoning be limited to the current proposal of a maximum of ten adult residents at the group care facility. CONCLUSION: Staff believe that the proposed rezoning to allow for ten adults to reside in an existing group home will have no discernable effect on the surrounding community. The existence of a group care facility in a stable residential neighbourhood is consistent with the vision of a residential community offered by PlanSJ. Staff recommend approval for the proposed rezoning, on condition that the operation of the group care facility is limited to the current proposal for ten adults. JK Project No. 12 -236 17 PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT 536 474 IL-1 478 .431 / 427 29 33 r. 27 35 37 •� 1 2325 39 +f 21/ NM &fit 1719` - a9 97 45 5 46 24 ) 43 �p 11 O 818 1$2022Ci� �3 97J39 zo59 4}` ,2182 5 7 a °�7 G'OCt►t��. 60% 5 '� z�1335 �► 9r X 63 19 93$7` �G 206 11 1517 189 S 188r1re3 791 �p1� \�`� \ `v 67 17717 �b� Fr�6 7173 175 22 4 1801 g'18 178 184 X4150 / i % m 170 1 I 1 400 R 499 illm Subject Site /site en question: PID(s) /NIP(s): 55115968 Location: 416 Sandy Point Road Date: September 4, 2012 Scale /echelle: Not to scale /Pas a 1'6chelle illm n " r � �K r , � a5 lsr• � T'r ' r Yi of �• '�- f, w uo t. 1 416 ..- 40 N BY -LAW NUMBER C.P. 106 -_ A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By -law of The City of Saint John enacted on the 30th day of January, A.D. 2012 is amended by: 1 Amending Schedule A — City Structure, by redesignating 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 classification; 2 Amending Schedule B — Future Land Use, by redesignating the same portions of the parcels of land, from Rural Resource to Rural Residential classification, - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2012 and signed by: Mayor /maire ARRETE No C.P. 106 - ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors dune r6union du conseil communal, The City of Saint John a 6dict6 cc qui suit: L'arretd concernant le plan municipal de The City of Saint John d6cr&6 le 30 janvier 2012 est modifi6 par : 1 la modification a 1'annexe A — Structure de la municipalit6, des parties des parcelles de terrains situ6es au 3795, chemin Loch Lomond, a la place Abigail et au 356, avenue Eldersley et actuellement design6es comme secteur 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; 2 la modification a Fannexe B -- Utilisation future des sols, des memes parties des parcelles de terrains, afm de les faire passer de secteur de ressources rurales A secteur rdsidential rural, - toutes les modifications sont indiqu6es sur les plans ci joints et font partie du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2012, avec les signatures suivantes : Common Clerk/Greffi6re communale First Reading Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisi6me lecture 20 BN1 Advertiser Name: Saint John Common Clerk Advertiser Code: S71206 Size: 4.00 x 14.00 in. Sales Rep: Elizabeth Cook PROPOSED MUNICIPAL PLAN AMENDMENT 112' 3795 LOCH LOMOND ROAD, ABIGAIL PLACE AND 356 ELDERS cvAVENUE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the Mu- nicipal Development Plan at Its regular meeting to be held in the Council Chamber on Tues. day, Octobar 9, 2012 at 7A0 Pm, by- 1 . Redesignating, on Schedule A of the Plan, those portions of the parcels of land locatdd at 3795 Loch Lomond Road, Abigail Place and 356 Eldersley Avenue and currently desig- nated Rural Resource Area, being portions of PID Nos. 55214910, 00329144, 55196588 and 00330159 " from Rural �'•�. 7. Resource .:t; Area to r Stable Area, as illustrated below, - . , i •., . *.1., 2. Redesig- , nating, on Schedule B of the Plan, the same portions of the parcels of land, from Rural Resource to Rural Residential. REASON FOR CHANGE, To recognize three previously approved rural residential sub- divisions. The proposed amendment may be inspected by any interested person at the office if the Com- mon Clerk, or in the office of 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., Mon- day through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. If you require French services fora Common Council meeting, please contact the office of the Common Clerk. Elizabeth Gormley, Common Clerk 658 -2862 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET; 3795, CHEMIN LOCH LOMOND, PLACE ABWJUL ET 354 AVENUE ELDIUMEY Par les pr6sentes, un avis public est donne: par lequel le conseil communal de The Cif; of Saint John indique son intention de modifier le plan d'amenagement municipal, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le mardl9 oeto- bre 2012 A 19 h, en apportant les modifications suivantes : 1. Modifier la designation, a I'annexe A du plan, des parties des patcelles de terrains, situees au 3795, chemin Loch Lomond, A la place Abigail et au 356, . avenue Eldersley et actuelle- ment designees comme zones de ressources rurales, soft des parties des NID AlNbAiM. `? 55214910, 5y� 00329144, Aafi r �s 551965 B8 et i'X:; 00330159, afin de les faire passer '` ° j. de secteur de N•r� ruralesa secteur sta- ble, comme if est indique ci- dessous. 2. Modifier la designation, e I'annexe B du plan, des mimes parties des parcelles de ter- rains, afin de les faire passer de secfeur de ressources males a' secteur residential rural. RAISON DE LA MOONWATION : La reconnaissance de trois lotissements risidentfels ruraux pricidemment approuv6s. Toute personne interessee peut examiner la modification pro- posfie au bureau de la greffiere communale ou au bureau de Purbanisme et du d6veloppe- ment 3 I'h6tel de Ville au 15, Market Square, Saint John, N.- B., entre B h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire part de vos objec- tions aux projet de modification propose par ecrit a I'attention de la soussignie a I'h6tel de Ville. Si vous avez besoin des services en frantais pour une r6union de Conseil Communal, veuillez contacter le bureau de la gref- fiere communale. Elizabeth Gormley, greffiere communale 658 -2862 Ad Number: A25393 Current Date: Sep 04 2012 08:48AM Start Date: 9/11/2012 End Date: 10/2/2012 Color: Client Approval OK ❑ 21 Corrections ❑ PIanning Advisory Committee September 19, 2012 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 M: R1 Co of Saint John SUBJECT: Municipal Plan Amendments - 3795 Loch Lomond Road, 2377 Loch Lomond Road (Abigail Place), 356 Eldersley Avenue On August 27, 2012 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its September 18, 2012 meeting. No members of the Public appeared before the committee and no correspondence was received from the Public regarding the matter. After considering the report, the Committee recommended approval of the Municipal Plan Amendments (mapping changes) to recognize the three previously approved subdivision developments as set out below. RECOMMENDATION: That Common Council approve the proposed Municipal Plan amendments and amend Schedules A and B in the Municipal Plan as follows: 1. Redesignate, on Schedule A of the Municipal Plan, those portions of the parcels of land located at 3795 Loch Lomond Road, Abigail Place (2377 Loch Lomond Road) 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; and 2. Redesignate, on Schedule B of the Plan, the same portions of the parcels of land, from Rural Resource to Rural Residential. Respectfully submitted, Eric Falkj ar Chairman ul: 22 k)M A ?y The City of saint John DATE: TO: FROM: FOR: PREPARED BY: Stace orfar, MCIP, RPP Planner SUBJECT: SEPTEMBER 14, 2012 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING PLANNING AND DEVELOPMENT MEETING OF SEPTEMBER 18, 2012 REVIEWED BY: Mark Reade, P. Eng., MCIP, RPP Senior Planner Name of Applicant: City of Saint John Name of Owners: Dan Estey and Rhonda Estey Moosehorn Developments Ltd. Nabih Debley Locations: 3795 Loch Lomond Road 2377 Loch Lomond Road (Abigail Place) 356 Eldersley Avenue PIDs: 55214910 and 00329144 55196588 00330159 Municipal Plan: Schedule A: Rural Resource Area to Stable Area Schedule B: Rural Resource to Rural Residential Zoning: "RR" One Family Rural Residential Proposal: Municipal Plan Amendments to recognize three approved subdivisions. (if SAINT JOHN P.O. Sox 1971 Saint John, N8 Canada E2L 4L3 www.saintjohn.u. C.P. 1971 Saint John, N. -B. Canada E2L'+Ll 23 Municipal Plan Amendments Page 2 Loch Lomond Road, Abigail Place, and Eldersley Avenue September 14,20 12 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to advise Council concerning proposed amendments to the Municipal Plan. Common Council will consider the Committee's recommendation at a Public Hearing on Tuesday October 9, 2012. STAFF RECOMMENDATION TO COMMITTEE: That Common Council approve the proposed Municipal Plan amendments and amend Schedules A and B in the Municipal PIan as follows: Redesignate, on Schedule A of the Municipal Plan, those portions of the parcels of land located at 3795 Loch Lomond Road, Abigail Place (2377 Loch Lomond Road) and 355 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; and 2. Redesignate, on Schedule B of the Plan, the same portions of the parcels of land, from Rural Resource to Rural Residential. BACKGROUND: On January 30, 2012 Common Council adopted the City's new Municipal Plan, Plan SJ. The Plan received approval from the Province on February 21, 2012. During the process of adopting the Municipal Plan, there were three development applications that were either in the approvals process or had received prior approval in advance of the Plan receiving final reading and now require amendments to the Municipal Plan to allow for their eventual development. ANALYSIS: Formal notification of these proposed amendments was provided through the public presentation period that began July 16, 2012 and extended the required 30 days, followed by two newspaper advertisements on Tuesday September 11, 2012 and Tuesday October 2, 2012. Surrounding neighbours within 100 metres of these approved rural residential subdivisions were not directly sent notification because these are not new development proposals, they are approved. When these development proposals were proceeding through the approvals process, neighbours received notification of the proposal then. Going forward, there will be a formal public hearing held on Tuesday October 9, 2012. On Schedule A City Structure, all three affected properties are proposed to be re- designated from Rural Resource Area to Stable Area. On Schedule B Future Land Use, all three affected properties are proposed to be re- designated from Rural Resource to Rural Residential. The following identifies the three properties and when they received approval: 24 Municipal Plan Amendments Page 3 Loch Lomond Road, Abigail Place, and Eldersley Avenue September 14, 2012 3795 Loch Lomond Road (PIDs 55214910 and 00329144) The landowner submitted an application to rezone a parcel of land having an area of 8.2 hectares from "RS -1" One and Two Family Suburban Residential to "RR" One Family Rural Residential in order to permit the development of a rural residential subdivision in November 2011. Common Council held a Public Hearing and gave first and second reading to the rezoning on January 30, 2012 and gave third reading to the rezoning on February 13, 2012. As the rezoning was occurring concurrently with the adoption process for the new Municipal Plan, the lands do not have the proper Municipal Plan designation to permit the rural residential development. An amendment to the Municipal Plan is required to re- designate these lands from Rural Resource to Rural Residential in order to recognize this now approved development. 2377 Loch Lomond Road (Abigail Place) (PID 55196588) This 12 lot Rural Residential Subdivision received the assent of Common Council on February 28, 2011, and approval of the Development Officer on March 2, 2011, prior to the adoption of the Growth Strategy and PlanSJ. This subdivision was inadvertently designated Rural Resource instead of Rural Residential when the final Schedules were released and as such, an amendment to the Municipal Plan is required to address this mapping oversight. 356 Eldersley Avenue (PID 00330159) Lands for this 12 -lot rural residential subdivision were rezoned from "RS -1" One and Two Family Suburban Residential to "RR'' One Family Rural Residential in 2004 and the subdivision plan received the assent of Common Council on July 5, 2004. This subdivision was also inadvertently designated Rural Resource instead of Rural Residential when the final Schedules were released and as such, an amendment to the Municipal Plan is required to address this mapping oversight. CONCLUSION: It is recommended that the Committee recommend approval of the proposed amendments to Schedule A and Schedule B in the Municipal Plan. SF 25 A LAW TO AMEND A BY -LAW RESPECTING TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN MADE UNDER THE AUTHORITY OF THE MOTOR VEHICLE ACT, 1973, AND AMENDMENTS THERETO ARRETk MODIFIANT L'ARRETE RELATIF A LA CIRCULATION DANS LES RUES DANS THE CITY OF SAINT JOHN EDICTS CONFORMEMENT A LA LOI SUR LES VEHICULES A MOTEUR (1973) ET LES MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lors d'une reunion du conseil municipal, The City of Saint John as follows: The City of Saint John a decrete ce qui suit: A By -law of The City of Saint John entitled "A By -law Respecting Traffic On Streets In The City of Saint John Made Under The Authority of The Motor Vehicle Act, 1973, and Amendments Thereto ", enacted on the W' day of December, A.D. 2005, is hereby amended as follows: 1 Schedule K — Truck Routes - is amended by removing the following words under the following headings : Street Limits Manawagonish Ocean Westway to Road Fairville Blvd. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the day of , A.D. 2012 signed by: Mayor /Maire Par les presentes, Farrete de The City of Saint John intitule « Arrete relatif a la circulation dans les rues dans The City of Saint John edicte conformement A la Loi sur les vehicules a moteur (1973) et les modifications afferentes >>, decrete le 19 decembre 2005, est modifie comme suit: 1 L'Annexe K - Itineraires pour camions — est modifiee par la suppression des mots suivants sous les titres suivants : Rues Limites chemin de Ia voie Ocean au Manawagonish boulevard Fairville EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrete le 2012, avec les signatures suivantes : Common Clerk/greffiere communale First Reading - September 24, 2012 Premiere lecture — le 24 septembee 2012 Second Reading — September 24, 2012 Deuxieme lecture — le 24 septembre 2012 Third Reading - Troisieme lecture - 27 September 27, 2012 Common Council of The City of Saint John Your Worship and Councillors: Re: Amendment to the Traffic By -Law Westfield Road Speed Limit City Solicitors Office Bureau de Pavocat municipal At its meeting on September 24, 2012, Council resolved to direct the City Solicitor to put in proper translated form an Amendment to the City's Traffic By -Law that would: • "Delete Westfield Road with limits Jct. Route 7 to Morna Dr. from Appendix A (Speed Limits on Provincial Highways); • Delete Westfield Road with limits Morna Dr. to Ketepec Rd. from Appendix A; • Delete Westfield Road with limits Ketepec Rd. to Keating Rd. from Appendix A; and • Add Westfield Road with limits Bay Street to New North Road to Schedule M -1 (60 KM /H Speed Limits). Subsection 140(1)(a) of the Motor Vehicle Act sets the default speed limit on any highway at 50 KM /H in an urban district. Highway is defined in the Act as meaning "the entire width between the boundary line of every street, road, lane, alley ... when any part thereof is used by the general public for the passage or parking of vehicles ... ". Subsection 142(1) of the Act then goes on to provide authority to a municipality to prescribe a higher or lower rate of maximum speed than the rate prescribed at subsection 140(1)(a) for any highway or part thereof within its bounds. Subsection 142(1) reads as follows: "142(1) Subject to subsection (5), a local authority may, by by -law, prescribe a higher or lower rate of maximum speed than the rate of speed prescribed in paragraph 140(1)(a) for any highway or part of a highway within its bounds or SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I vwvwsaintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 �� 28 Common Council September 27, 2012 Re: Amendment to Traffic By -Law City Solicitor Page 2 jurisdiction, other than for a school zone or a construction zone, and such rate of speed may be different for any period or periods of the day or night." Then, at subsection 142(5), the Province clearly states that a municipality does not have the authority to prescribe higher or lower rates of maximum speed than that prescribed in the Motor Vehicle Act for a Provincial Highway or part thereof and any by -law purporting to do so has no force or effect. Currently, in the Saint John Traffic By -Law, Appendix A referred to in the above -noted resolution appears immediately following Schedule M -2. Appendix A purports to "list" the speed limit on the listed Provincial Highways. There is also a note at the bottom of Schedule M -2 to the by- law which reads as follows: "For reference purposes only, Appendix "A" is inserted after Schedule M -1 and M -2, Appendix "A" which is a list of the Provincial Highways or parts thereof located within the boundaries of The City of Saint John and the respective speeds limits of said highways, as follows: ". Though the by -law states that Appendix A is inserted "for reference purposes only ", it has led some people to think that what is listed in the by- law is what sets the speed limit on the listed Provincial Highways. Since it is clear in the Motor Vehicle Act that a municipality has no authority to set speed limits on Provincial Highways, and because Appendix A is no longer up to date, i.e. it no longer reflects the current speed limits or the current Provincial Highways, we recommend that Appendix A be removed in its entirety from the by -law. We discussed this with the City Traffic Engineer and he agrees. The attached Amendment therefore amends Schedule M -2 to remove the above -noted paragraph describing the purpose of Appendix A, it also removes Appendix A — "Speed Limits on Provincial Highways" in its entirety, and adds Westfield Road to Schedule M -1 to the by -law, thereby setting the speed limit on that portion of Westfield Road between Bay Street and New North Road at 60 KM /H. 29 Common Council September 27, 2012 Re: Amendment to Traffic By -Law City Solicitor Page 3 Council may, if it wishes, give first and second reading to the said Amendment. Respectfully Submitted, John L. Nugent City Solicitor Enclosure 30 A LAW TO AMEND A BY -LAW RESPECTING TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN MADE UNDER THE AUTHORITY OF THE MOTOR VEHICLE ACT, 1973, AND AMENDMENTS THERETO ARRETE MODIFIANT L'ARRETE RELATIF A LA CIRCULATION DANS LES RUES DANS THE CITY OF SAINT JOHN 19DICTE CONFORMEMENT A LA LOI SUR LES VtHICULES A MOTEUR (1973) ET LES MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lors d'une reunion du conseil municipal, The City of Saint John as follows: The City of Saint John a d6cr&6 ce qui suit : A By -law of The City of Saint John entitled "A By -law Respecting Traffic On Streets In The City of Saint John Made Under The Authority of The Motor Vehicle Act, 1973, and Amendments Thereto ", enacted on the 19th day of December, A.D. 2005, is hereby amended as follows: 1 Schedule M -1 — 60 KM/H Speed Limits - is amended by adding the following words under the following headings: Street Limits Westfield Bay Street to Road New North Road 2 Schedule M -2 — 70 KM/H Speed Limits — is amended by the deleting the following words at the bottom of the Schedule: "For reference purposes only, Appendix "A" is inserted after Schedule M -1 and M- 2, Appendix "A" which is a list of the Provincial Highways or parts thereof located within the boundaries of The City of Saint John and the respective speeds limits of said highways, as follows:" 3 Appendix A — Speed Limits on Provincial Highways - , immediately following Schedule M -2 is repealed. Par les pr6sentes, Parretti de The City of Saint John intitul6 << Arret6 relatif a la circulation dans les rues dans The City of Saint John 6dict6 conform6ment a la Loi sur les vehicules a moteur (1973) et les modifications aff6rentes », d6cr&6 le 19 d6cembre 2005, est modifie comme suit : 1 L'Annexe M -1 — Vitesse Maximale Autoriss6e de 60 km/h — est modifi6e par Fadjonction des mots suivants sous les titres suivants : Rues Limites chemin de la rue Bay au Westfield chemin New North 2 L'Annexe M -2 — Vitesse maximale de 70 KM /H — est modifi6e par la suppression des mots suivants au bas de ]'annexe : <<A titre de reference seulement, ]'annexe <<A» est ins6ree apres les annexes M -1 et M -2, annexe <<A» qui est une liste des routes provinciales ou des sections de celles -ci situ6es a Fint6rieur des limites de The City of Saint John et des limites de vitesse respectives desdites routes, comme suit: » 3 L'annexe << A» - Limites de vitesse sur les routes provinciales — qui suit imm6diatement Pannexe M -2 est abrog6e. 31 IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the day of , A.D. 2012 signed by: EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrete le 2012, avec les signatures suivantes : Mayor /Maire Common Clerk/greffiere communale First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 32 r�I Planning Advisory Committee September 19, 2012 Your Worship and Councillors: SUBJECT: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 Proposed Subdivision and Variances -140 Coldbrook Crescent City of Saint John The Planning Advisory Committee considered the attached report at its September 18, 2012 meeting. The applicant, Mr. Richard Burbridge, appeared to speak in support of the application and was in agreement with the Staff Recommendation contained in the report. No letters were received regarding the application and no other persons appeared before the Committee with respect to the application. After considering the matter, the Committee adopted the Staff Recommendation, which, for your convenience, is set out below. In considering the application, the Committee granted the following variances from the requirements of the Subdivision and Zoning By -laws to: a) reduce the minimum required lot area from 2,400 square metres to approximately 2,385 square metres (for Lot 12 -1) and approximately 2,387 square metres (for Lot 12 -2); and b) reduce the minimum required front yard setback from 7.5 metres to approximately 5.18 metres for the proposed building on Lot 12 -2. RECOMMENDATION: That Common Council assent to one or more subdivision plans, in one or more phases, with respect to the vesting of the proposed public street(s), as generally illustrated on the attached photo- reduced tentative subdivision plan entitled `512299 N.B. Inc. Subdivision' dated August 23, 2012, including any necessary municipal services, municipal drainage and public utility easements. Respectfully submitted, Eric Falkjar Chairman PF Project No. 11 -172 33 � r DATE: TO: FROM: FOR: PREPARED BY: Patrick Foran Planning Officer SUBJECT: SEPTEMBER 14, 2012 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING - PLANNING AND DEVELOPMENT MEETING OF SEPTEMBER 18, 2012 REVIEWED BY: Ken Forrest, MCIP, RPP Commissioner Name of Applicant: 512299 NB Inc. (c /o Richard Burbridge) Name of Owner: 512299 NB Inc. Location: 140 Coldbrook Crescent PID: 55183925 Municipal Plan: Stable Residential Zoning: "RM -1" Three Storey Multiple Residential Proposal: To create a separate lot for each of the two proposed sixteen -unit apartment buildings. Type of Application: Subdivision and variances to: 0 1) reduce the minimum required lot area from 2,400 square metres to approximately 2,385 square metres (for Lot 12 -1) and approximately 2,387 square metres (for Lot 12 -2); and SAINT JOHN P.O. Sox 1971 Saint John, NB Canada E2L 4L1 j wwwsaintiohn.ca C.i? 1971 Saint John, N. -B. Canada E2L41 34 512299 NB Inc. page 2 140 Coldbrook Crescent September 14, 2012 2) reduce the minimum required front yard setback from 7.5 metres to approximately 5.18 metres for the proposed building on Lot 12 -2. JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council concerning the vesting of public streets 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, with respect to the vesting of the proposed public street(s), as generally illustrated on the attached photo - reduced tentative subdivision plan entitled `512299 N.B. Inc. Subdivision' dated August 23, 2012, including any necessary municipal services, municipal drainage and public utility easements. 2. That the Planning Advisory Committee grant the following variances from the requirements of the Subdivision and Zoning By -laws to: a) reduce the minimum required lot area from 2,400 square metres to approximately 2,385 square metres (for Lot 12 -1) and approximately 2,387 square metres (for Lot 12 -2); and b) reduce the minimum required front yard setback from 7.5 metres to approximately 5.18 metres for the proposed building on Lot 12 -2. BACKGROUND: In 2006, the subject site (then part of a larger parent property) was rezoned to "RM -1" Three Storey Multiple Residential in order to facilitate the development of four apartment buildings. Two of the apartment buildings have been constructed on a portion of the site that has since been subdivided, while the subject property, which is currently vacant, is intended to contain the remaining two apartment buildings. Further, in considering the proposal when it provided its recommendation to Common Council on the proposed rezoning, the Planning Advisory Committee approved the use of a "dwelling group" on the subject site. This approval essentially allows the developer to construct the two apartment buildings on the existing subject property, but does not provide for the lot to be subdivided. Revisions to the original site plan were necessary due to the development challenges on the site (primarily topographic). These revisions involved a number of minor variances (rear yard, building height and landscaping) which were approved by the Development Officer in July of 2011. 35 512299 NB Inc. Page 3 140 Coldbrook Crescent September 14, 2012 In order to facilitate the financing of each of the two proposed buildings, the applicant began exploring the potential of subdividing the subject property in two, to create one lot for each building. Due to the unique property configuration, direct street access for the western-most lot was not possible. While efforts to acquire a portion of the adjacent City -owned property were ultimately unsuccessful, the City was prepared to grant a right -of -way over its property. In order to facilitate this Iot configuration, the Committee, at its September 2011 meeting, approved the creation of the proposed lot having access by means other than a public street, subject to the condition that any necessary cross agreements covering servicing, utilities and shared site amenities be registered with the final subdivision plan. This subdivision was not finalized and the applicant has submitted a revised proposal, which is the subject of the present application. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments: • Municipal servicing is available from Coldbrook Crescent. It is the responsibility of the owner's engineering consultant to verify grades of the existing mains to accommodate gravity connections for the new services. A site servicing plan for each of the proposed Lots 12 -1 and 12 -2 must be submitted by the owner's engineering consultant to this department for review and approval. • City approved water meter and appropriate backflow prevention must be installed in each of the proposed buildings by the owner. • The applicant's engineering consultant must provide to the City the requirements for water, sanitary and storm servicing for each of the proposed lots 12 -1 and 12 -2 and ensure the City's systems can adequately service the requirements of this proposal. • It is the responsibility of the owner to provide for solid waste collection. • All parking is to be provided for off - street. • It is the responsibility of the owner's engineering consultant to submit detailed site, grading and storm drainage plans and design brief for each of the proposed lots 12 -1 and 12 -2 to this department for review and approval. • There is an existing municipal services easement along the back of the proposed lots 12 -1 and 12- 2. Absolutely nothing permanent is to be built over -top of the existing easement. No additional fill material is to be placed on this existing easement. • From the submitted site plan it appears that a proposed access to proposed lot 12 -1 will require a vesting of City land as a public street. This is supported assuming the location and geometry of the driveway onto this parcel and with the adjacent parcel across the street meets recognized design guidelines and • The applicant is responsible for obtaining all necessary municipal permits. Buildings and Inspection Services indicates that based on the available information there are no apparent Building Code issues with the proposed subdivision. Saint John Fire Department has been forwarded a copy of the application. Saint John Energy has been advised of the application. 36 512299 NB Inc. Page 4 140 Coldbrook Crescent September 14, 2012 Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline advise that the area is all "clear" and that the proposal is not near any pipeline facilities. ANALYSIS: Site and Neighbourhood The subject site is located at the northwest corner of CoIdbrook Crescent, near its intersection with Essex Street East / Golden Grove Road on the City's East Side. The neighbourhood surrounding the subject site is suburban in nature and contains a mixture of one - and two - family dwellings, townhouses and apartment buildings. Non - residential uses in the general vicinity include Scott's Autobody and Collision as well as the Forest Hills Park and the Forest Hills School. The site is presently vacant, although a building permit was issued in August /September of this year for the construction of the first of the two apartment buildings, which is permitted based on the "dwelling group" approved by the Committee in 2006. Subdivision The subject site was rezoned in 2006 in order to accommodate the construction of two apartment buildings that were designed as a single, unified development with integrated parking areas, landscaping and amenity features. While the design of the site has remained consistent with the original proposal, the applicant has indicated that, for financing purposes, he wishes to subdivide the property in two, with each lot containing one of the apartment buildings'. In order to provide direct access to a public street for the proposed Lot 12 -1, the applicant is proposing that a portion of the adjacent City -owned property (PID 00373399) be vested as part of the public street right -of -way network. City Staff is supportive of this concept, as it would allow the City to retain ownership of the land, through which a municipal stormwater pipe traverses, while providing direct access to a public street for the proposed apartment building. In addition to recommending the proposed street vesting, the Staff Recommendation also includes all the necessary assents and approvals for the tentative plan, easements, etc. As of the writing of this report, it remains undetermined if each of the proposed lots can be directly serviced from Coldbrook Crescent. If they cannot and some form of shared servicing is necessary, cross agreements covering servicing, utilities and shared site amenities on a permanent basis will be required, subject to the approval of the Development Officer. These agreements would also have to outline the rights and responsibilities of the owners of the two properties and would have to be registered concurrently with the final subdivision plan. Variances The tentative plan submitted in 2011 was not prepared by a surveyor and each of the proposed lots were slightly larger, such that they conformed to the lot dimension requirements of the Subdivision By -law 1 Although the parking areas are interconnected, there is a parking lot on each proposed lot with sufficient capacity to satisfy the By -law requirement for a sixteen -unit apartment building. 37 512299 NB Inc. Page 5 140 Coidbrook Crescent September 14, 2012 without the necessity of any variances. With the submission of the more accurate tentative plan, it appears that variances are now necessary to reduce the minimum required lot area by 15 square metres (for Lot 12 -1) and 13 square metres (for Lot 12 -2). These reductions are considered minor given the scope of the overall development and would not result in any deficiencies in landscaping or parking. Consequently, approval of these variances can be supported. Reduced Setback. While the foundation wall of the building to be located on Lot 12 -2 would exceed the minimum front yard setback requirement of 7.5 metres, projecting from the front of the building would be a 3 metre wide x 2.44 metre deep foyer. This foyer would be located approximately 5.18 metres from the front property line thus necessitating a variance. While it appears possible to move the proposed building closer to the rear property line in order to reduce or eliminate the need for the variance, there is a significant slope at the rear of the property which poses significant challenges in placing the proposed building within the required building envelope. Given the topographic constraints as well as the minor nature of the encroachment into the required front yard, approval of the requested front yard variance can be supported. It is worth noting that the building on Lot 12 -2 would be aligned with the building on Lot 12 -1. However, due to the manner in which the property lines are defined, the building on Lot 12 -1 does not require any variances. CONCLUSION: The present proposal is consistent with the earlier versions that have been favourably considered by the Committee. In this instance, each of the proposed lots would have direct access to a public street which is considered an improvement over the previous proposals which involved a private access for one of the lots. While some minor variances are necessary, the proposal conforms to the general intent of the Zoning and Subdivision By -laws and its approval can be supported on this basis. PF Project No. I 1 -172 i JU w Harbour Skating Club 830 Cherry Tree Lane Saint John, NB E21VI 3G5 Mayor Mel Norton & Saint John Common Council City of Saint John 15 Market Square, PO Box 1971 Saint John, NB E2L 4L1 Mayor Grace Losier & Town Council Town of Grand Bay - Westfield Post Office Box 3001 Grand Bay - Westfield, NB E5K 4V3 September 21, 2012 Mayor Murray Driscoll & Town Council Town of Quispamsis 12 Landing Court, P.O. Box 21085 Quispamsis, NB E2E 4Z4 Mayor William J. Bishop & Town Council Town of Rothesay 70 Hampton Road Rothesay, NB E2E 5L5 Your Worships & Members of Municipal Councils for Greater Saint John: Harbour Skating Club has long recognized the benefits of a physically active lifestyle and the particular benefits of ice skating. The Club has provided adult recreational skating at Harbour Station for residents of Greater Saint John since 1994. One -hour of evening skating with live music is provided on most Mondays during the season. Skating is open to all adults 18 year of age or older. Skaters have a range of skating abilities and use any type of ice skate — hockey, figure or speed skates. Harbour Skating Club is the only ADULT skating available during EVENING HOURS that makes it accessible to the under -50 working adult demographic. Harbour Skating Club took the place of a program originally provided by the City of Saint John until 1995. Since that time, this type of adult skating has not been provided by the City and Harbour Skating Club has not been supported by the City. In recent years including the 2012 -2013 season, a grant has been awarded from the Province of New Brunswick, Department of Culture, Tourism and Healthy Living to assist with promotion and organization. The balance of Club revenue has been derived from fees paid by the skaters. Victoria Skating Rink Saint John, NB. Designed by Charles Walker. Photo taken about 1872 (court,s; ale,: Brunsr =ick Museum). For the 2012 -2013 season, the executive of Harbour Skating Club has recognized the need for a new dynamic in order to meet nightly skating costs. The Club is working to promote and rekindle interest in this wonderful physical activity that has been a part of the Saint John tradition from the days of the Victoria Skating Rink in the 19th century. Its goal is to build a base of future skaters among the younger demographic, in the hope that this will ensure the continuing financial viability and thereby, existence of the Club. 43 In line with this skating tradition and in line with the current interest in the physical and wellness activities of citizens, Harbour Skating Club would like to propose the four municipal councils of Greater Saint John step forward together as "ice time sponsors" for one night of skating this season. The cost of ice time is close to $250 per night. This sponsorhip would entail $100 from the City of Saint John and $50 from each of the Towns of Grand Bay - Westfield, Quispamsis and Rothesay. These contributions would recognize the distribution of skaters by area as discovered in a survey of our skaters on a "typical skating night" on January 23, 2012: residents of Saint John City 56 %, of Grand Bay - Westfield 13 %, and of Quispamsis / Rothesay 26 %. Of course, the four Mayors & four Councils would be invited to 'Come Skate With Us' on the sponsored night. However it is recognized that Harbour Skating's Monday night skates may conflict with some regularly scheduled Council Meetings. We strongly urge that you give this proposal serious consideration. It provides Councils an opportunity to show support for an adult fitness activity and at a minimal cost. It provides Harbour Skating Club with a public show of support for its skating program and assistance with the costs involved. Best regards, Carol nne Foley Margar t Mabey Alison Hannah Acting President Secretary Treasurer / Enclosure .. HARBOUR SKATING CLUB • ADULTS 18 YEARS AND UP • AT HARBOUR STATION USE WEST ENTRANCE • LIVE MUSIC BY RON MALONEY • USE HOCKEY /FIGURE /SPEED SKATES • VISIT US ON FACEBOOK OR CALL 672 -2385 OR 672 -9424 • SKATE 8:30 -9:30 PM ON: OCT 29 NOV 5, 26 DEC 3010017 JAN 7114, 21, 28 FEB 11,18, 25 MAR 4025 (NOTE: Schedule may be subject to change) 45 97-298 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 10, 2012/1-E 10 SEPTEMBRE 2012 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — SEPTEMBER 10, 2012 - 6:00 P.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 Treasurer; K. Forrest, Commissioner of Growth and Development Services; W. Edwards, Commissioner of Transportation and Environment Services; Staff Sgt. J. Flemming, Police; K. Clifford, Fire Chief; E. Gormley, Common Clerk and J. Taylor, Assistant Common Clerk. 1. Call To Order — Prayer Mayor Norton called the meeting to order and Pastor Greg Deacon offered the opening prayer. 2. Approval of Minutes 2.1 Minutes of July 30, 2012 On motion of Councillor Reardon Seconded by Councillor McAlary RESOLVED that the minutes of the meeting of Common Council, held on July 30, 2012, be approved. Question being taken, the motion was carried. 2.2 Minutes of August 13, 2012 The Common Clerk advised that there is a correction to make in the August 13, 2012 minutes, noting that Councillor Snook should be recorded as a nay vote on item 11.4. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the minutes of the meeting of Common Council, held on August 13, 2012, be approved as corrected. Question being taken, the motion was carried. 2.3 Minutes of August 20, 2012 On motion of Councillor Reardon Seconded by Councillor McAlary RESOLVED that the minutes of the meeting of Common Council, held on August 20, 2012, be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Councillor McAlary Seconded by Councillor Snook RESOLVED that the agenda of this meeting, with the addition of items 13.8 Committee of the Whole: Amateur MMA Events; 13.9 Committee of the Whole: City's Position Paper on Municipal Reform 2012; and 13.10 Committee of the Whole: Bally Desmond Subdivision Phase 3, be approved. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest M 97-299 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 10, 2012/LE 10 SEPTEMBRE 2012 There were no disclosures of conflict of interest declared. On motion of Councillor Snook Seconded by Councillor Reardon RESOLVED that agenda items 12.5; 12.6; and 12.7 be moved forward on the agenda. Question being taken, the motion was carried. 12.7 City Manager: Upcoming Ward Meetings On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that item 12.7 City Manager., Upcoming Ward Meetings be lifted from the table. Question being taken, the motion was carried. J. Hamilton, Commissioner of Strategic Services, introduced Todd MacDonald of Performance Concepts and Holly McMackin of Dillon Consulting, advising that they would be leading the upcoming ward meeting workshops. Mr. MacDonald and Ms. McMackin outlined the proposed process of the ward meeting workshops scheduled for September 11th 12th 19th and 20th and responded to questions from Council members. On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the report entitled Upcoming Ward Meetings be received for information. Question being taken, the motion was carried. 12.6 City Manager: Nick Nicolle Community Centre Revitalization - Recommendation for Award of Construction Contract for Phase 1 On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -224: Nick Nicolle Community Centre Revitalization - Recommendation for Award of Construction Contract for Phase 1: 1) Common Council award Bid No. 2012- 081201T: Nick Nicolle Community Centre Revitalization Construction Phase 1 to the low bidder, John Flood & Sons (1961) Ltd., for the tendered price of $912,355.00 plus HST; 2) Common Council reallocate $52,400 of the previously approved $150,000 within the 2012 capital budget from the Saint John City Market Masonry Renewal project to the Nick Nicolle Community Centre Revitalization Construction Phase 1 to cover the difference between the tendered price and the original approved project budget of $891,300; 3) Common Council pre- approve $140,000 in the 2013 Capital Budget to be expended only as required to address unforeseen conditions during the construction of Phase 1 of the Nick Nicolle Community Centre Revitalization; and 4) The Mayor and Common Clerk be authorized to execute the necessary documents. Councillor Fullerton stated that she cannot support the motion due to the current financial situation of the City. Question being taken, the motion was carried with Councillor Fullerton voting nay. 12.5 City Manager: Nick Nicolle Community Centre Revitalization Phase 2 - Professional Consulting Services Engagement 47 97-300 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 10, 2012/LE 10 SEPTEMBRE 2012 Mr. Beaulieu stated that the recommendation appearing in the report should contain the following language at the beginning of part 1): "That notwithstanding the city's policy for the procurement of goods and services and construction ". On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -225: Nick Nicolle Community Centre Revitalization Phase 2 - Professional Consulting Services Engagement: 1) Notwithstanding the City's policy for the procurement of goods and services and construction, the City engage exp Architects Inc. at the cost of $199,815.30 plus HST to complete the detailed design of Phase 2 of the revitalization of the Nick Nicolle Community Centre; and 2) The Mayor and Common Clerk be authorized to execute the necessary documents. Question being taken, the motion was carried with Councillor Fullerton voting nay. 7. Proclamation 7.1 Cadet Week — September 16 -22, 2012 The Mayor proclaimed the week of September 16 -22, 2012 as Cadet Week in The City of Saint John. 6. Members Comments Council members commented on various community events. 8. Delegations /Presentations 9. Public Hearings 7:00 P.M. 9.1(a) Proposed Zoning By -Law Amendment 317 City Line and Request to Withdraw Application 9.1(b) Planning Advisory Committee Report The Common Clerk advised that the applicant for the property located at 317 City Line has submitted a letter requesting to withdraw the rezoning application. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that Common Council accede to the request from Mr. Serge Ethier to withdraw the rezoning application for 317 City Line and further that the public hearing be cancelled. Question being taken, the motion was carried. 9.2(a) Proposed Zoning By -Law Amendment 80 Kierstead Road 9.2(b) Planning Advisory Committee Report Recommending Rezoning 9.2(c) Letter of Opposition The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1636 square metres, located at 80 Kierstead Road, also identified as being PID Number 00413799, from 1 -3" Light Industrial Park to "IL -1" Neighbourhood Institutional to permit a group care facility for a maximum of 14 adults within the existing building with a letter of opposition being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its August 21St, 2012 meeting at which the Committee recommended the rezoning of a parcel of land located at 80 Kierstead Road as described above with Section 39 conditions. 97-301 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 10, 2012/LE 10 SEPTEMBRE 2012 The Mayor called for members of the public to speak against the re- zoning with no one presenting. The Mayor called for members of the public to speak in favor of the re- zoning with Ian McCoy appearing on behalf of the applicant. Mr. McCoy responded to questions from Council members and provided further details on the proposed re- zoning. On motion of Councillor McAlary Seconded by Councillor Snook RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1636 square metres, located at 80 Kierstead Road, also identified as being PID Number 00413799, from 1 -3" Light Industrial Park to "IL -1" Neighbourhood Institutional, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor Farren Seconded by Councillor Fullerton RESOLVED that prior to third reading for the rezoning of a parcel of land having an area of approximately 1636 square metres, located at 80 Kierstead Road, that a site plan be provided by the applicant. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Snook RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1636 square metres, located at 80 Kierstead Road, also identified as being PID Number 00413799, from 1 -3" Light Industrial Park to "IL -1" Neighbourhood Institutional, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John." 5. Consent Agenda 5.1 Refer to item 14.1 5.2 Refer to item 14.2 5.3 Refer to item 14.3 5.4 That as recommended by the Commissioner of Finance and Administrative Services in the submitted report M &C 2012 -227: Installation of Medium Voltage Motor Control Centre — Musquash Water Pumping Station, tender no. 2012- 082301 T for the installation of the Medium Voltage Motor Control Centre equipment at the Musquash Pumping Station be awarded to the low bidder, Earl Holland Contracting, at the tax - excluded tendered price of $106,389.00. 5.5 That as recommended by the City Manager in the submitted report M &C 2012- 223: 2012 Fleet Services Rothesay Avenue Vehicle Hoist, the City of Saint John proceed with the acquisition process by issuing a Request for Proposal (RFP) for the supply and install of a new 50,000 pound automotive hoist for the Rothesay Avenue Fleet Services vehicle maintenance facility. 5.6 That as recommended by the City Manager in the submitted report M &C 2012- 231: Proposed Public Hearing Date 416 Sandy Point Road, Common Council schedule the public hearing for the rezoning application of Patricia M. Hay (416 Sandy Point .. 97-302 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 10, 2012/LE 10 SEPTEMBRE 2012 Road) for Tuesday, October 9, 2012 at 7:00 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for a report and recommendation. 5.7 That the request to present to Council from the Saint John Board of Police Commissioners be referred to the Clerk to schedule. 5.8 That as recommended by the City Manager in the submitted report entitled Smythe Street Rehabilitation and Expansion Joint Project, Common Council approve the Part A Tender from Alternative Concrete Technologies Limited in the amount of $219,221. 5.9 That the letter from A. Wilson and H. McMann be received for information. 5.10 That as recommended by the City Manager in the submitted report M &C 2012- 229: Saint John City Market - Lease of Space Stall "No. A ": 1) Common Council approve the lease of space for stall "No. A" in the City Market with SKY Jeon Inc. under the terms and conditions as set out in the Lease submitted with MC2012 -229; and 2) The Mayor and Common Clerk be authorized to execute the lease. On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the recommendation set out for each consent agenda item respectively with the exception of items 5.1 Millidgeville -North End Lions Letter Re Charles Gorman Canteen; 5.2 Request for Mobile Vendor Site; 5.3 Request for Proposals 2012-092201P - Drinking Water Program - Advisory Services, which have been identified for debate, be adopted. Question being taken, the motion was carried. 10. Consideration of By -laws 11. Submissions by Council Members 11.1 Simms Corner (Councillor Norton) On motion of Councillor Norton Seconded by Councillor Farren RESOLVED that the letter from Councillor Norton entitled Simms Corner be referred to the City Manager to arrange a meeting between City staff and Mr. Alan Benton, P. Eng.; and further, prior to a presentation being scheduled with Common Council that a report and recommendation be received from the City Manager on this item. Question being taken, the motion was carried. 11.2 Snow Removal on Red Head Road (Councillor Strowbridge) A motion was moved by Councillor Strowbridge and seconded by Councillor Farren to direct staff to change the Red Head Road from a priority 3 to a priority 1 in the Winter Management Plan with regards to winter snow removal to take effect immediately and be changed and implemented by November 1s`, 2012. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the letter from Councillor Strowbridge entitled Snow Removal on Red Head Road be referred to the City Manager for a report back within 30 days regarding the City's current snow removal program. Question being taken, the motion was carried. 11.3 Deputy Fire Chief (Councillor McAlary) On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart 50 97-303 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 10, 2012/LE 10 SEPTEMBRE 2012 RESOLVED that Council direct the City Manager to report to Council in closed session within the next 30 days with respect to filling various staff vacancies, including that of the Deputy Fire Chief. Question being taken, the motion was carried with Councillor Farren voting nay. 12. Business Matters- Municipal Officers 12.1 Common Clerk: City of Bathurst and Committee System On motion of Councillor McAlary Seconded by Councillor Snook RESOLVED that the report entitled City of Bathurst and Committee System be received for information. Question being taken, the motion was carried. 12.2 City Manager: Zoning By -law Review: September Open House Referring to a submitted report, M. Reade, Senior Planner, updated Council on the September Open House for the Zoning By -Law Review. On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that the report M &C 2012 -226: Zoning By -law Review: September Open House, be received for information. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that item 12.8 Construction of Mattro Street, Bally Desmond Subdivision Phase 3 be moved forward on the agenda. Question being taken, the motion was carried. 12.8 City Manager: Construction of Mattro Street, Bally Desmond Subdivision Phase 3 On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that item 12.8 City Manager: Construction of Mattro Street, Bally Desmond Subdivision Phase 3 be lifted from the table. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -233: Construction of Mattro Street, Bally Desmond Subdivision Phase 3, Common Council agree to reimburse A.J. Mallette and Sons (1985) Limited for those costs associated with the cost of constructing the extension of Mattro Street from the Mallette and Sons property line westward to Jadvo Street consistent with the Saint John Subdivision Bylaw and the City's General Specifications respecting the construction of streets. And further, that the City Solicitor be directed to prepare or revise the necessary City /Developer Subdivision Agreement to ensure provision of the required work and facilities and the City reimbursement proposed. Question being taken, the motion was carried. 12.3 City Manager: Manawagonish Road Truck Route 51 97-304 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 10, 2012/LE 10 SEPTEMBRE 2012 On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -222: Manawagonish Road Truck Route, Common Council: 1. Direct the City Solicitor to put in proper translated form an Amendment to the City's Traffic By -Law that removes Manawagonish Road with limits Ocean Westway to Fairville Boulevard from Schedule K (Truck Routes), and 2. Direct staff to examine all remaining Truck Routes in the City of Saint John in conjunction with the preparation of an updated Transportation Strategic Plan. Question being taken, the motion was carried. 12.4 City Manager: Highway Usage Permit (HUP) Transfield Dexter Gateway Services Ltd Route 1 (Exit 1201119) On motion of Councillor McAlary Seconded by Councillor Snook RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -230: Highway Usage Permit (HUP) Transfield Dexter Gateway Services Ltd Route 1 (Exit 1201119), the City of Saint John enter into "Highway Usage Permit (HUP) 2012 -002 with Transfield Dexter Gateway Services Limited, in substantially the same form and content as submitted, and that the Mayor and Common Clerk be authorized to execute the agreement. Question being taken, the motion was carried. 13. Committee Reports 13.1 Planning Advisory Committee: Proposed Subdivision 1450 -1600 Sandy Point Road On motion of Councillor Farren Seconded by Councillor Strowbridge RESOLVED that: 1. Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted Eagles Nest Estates Subdivision - Phase 1 tentative plan with respect to the vesting of the proposed public and future streets, as well as to any required municipal services, municipal drainage and /or public utility easements. 2. Common Council accept a money -in -lieu land for public purposes dedication for the Eagles Nest Estates Subdivision - Phase 1. 3. Common Council authorize the preparation and execution of one or more City /Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer or his designate. Question being taken, the motion was carried. 13.2 Planning Advisory Committee: Proposed Subdivision - 340 and 341 Loch Lomond Road On motion of Councillor Reardon Seconded by Councillor Snook RESOLVED that Common Council assent to the submitted Highlands Operations Limited, Irving Oil Operations General Partner Limited, Irving Oil Operations G.P. and Irving Oil Operations Limited and Atlantic Land Dealers Ltd. tentative subdivision plans that would vest a total of approximately 760 square metres from PID Numbers 00313791, 00313734 and 55155964 as part of the Loch Lomond Road public street right -of -way as generally shown on the plans provided with the application. 52 97-305 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 10, 2012/LE 10 SEPTEMBRE 2012 Question being taken, the motion was carried. 13.3 Planning Advisory Committee: Proposed Subdivision and Variances - 210 Lawrence Long Road On motion of Deputy Mayor Rinehart Seconded by Councillor Reardon RESOLVED that: 1. Common Council assent to one or more subdivision plans, in one or more phases, with respect to the vesting of the proposed public street(s), as generally illustrated on the submitted photo- reduced tentative subdivision plan entitled 'Pasture Hill Estates Subdivision' dated April 20, 2012, including any necessary municipal services and public utility easements. 2. Common Council authorize the preparation and execution of a City /Developer Subdivision Agreement(s) to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. 3. Common Council accept a cash -in -lieu payment instead of the required land dedication in order to satisfy the Land for Public Purposes requirement. Question being taken, the motion was carried with Councillor Farren voting nay. 13.4 Committee of the Whole: Recommended Appointments to Committees On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the Committee of the Whole, having met on September 4, 2012, Council makes the following appointments to Committees: Fundy Region Solid Waste Commission: to appoint Councillor McAlary for a term from September 10, 2012 until the end of her current term on Council. Saint John Parking Commission: to appoint Councillor Reardon for a term from September 10, 2012 until the end of her current term on Council. Trade and Convention Centre Oversight Committee: to appoint Councillor Merrithew for a term from September 10, 2012 until the end of his current term on Council. Saint John Airport Inc.: to nominate Jonathan McKenzie and Ross Jefferson for consideration by Saint John Airport Inc. for a three year term in compliance with By -law #1 of Saint John Airport Inc. Uptown Saint John: to appoint Councillor Reardon for a term from September 10, 2012 until the end of her current term on Council. Council -Saint John Water: to appoint Mayor Norton and Councillors Merrithew, MacKenzie and McAlary each for a term from September 10, 2012 until the end of their current terms on Council. Saint John Industrial Parks: to appoint Patrick McCaffrey for a three year term from September 10, 2012 to September 10, 2015. Council Finance Committee: to appoint Councillor Fullerton for a term from September 10, 2012 to the end of her current term on Council. Fundy Trail Development Authority Inc: to appoint Graeme Stewart - Robertson for a three year term from September 10, 2012 to September 10, 2015. Planning Advisory Committee: to appoint Patrick Beamish replacing Erik Kraglund for a term from September 10, 2012 until January 1,2013; and re- appoint Morgan Lanigan for a term from September 10, 2012 to January 1st, 2015. City of Saint John Non - Profit Housing Committee: to appoint Councillor Strowbridge for a three year term from September 10, 2012 to the end of his current term on Council. 53 97-306 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 10, 2012/LE 10 SEPTEMBRE 2012 Jeux Canada Games Foundation: to appoint Councillor Norton for a term from September 10, 2012 to the end of his current term on Council and to re- appoint Dale Knox for a term from September 10, 2012 to September 10, 2015. Saint John Emergency Management Organization: to appoint Mayor Norton, Deputy Mayor Rinehart, Councillor MacKenzie and Councillor Strowbridge for a term from September 10th, 2012 to the end of their current terms on Council; and Chief Clifford for a two year term from September 10th, 2012 to September 10th, 2014. PRO Kids: to appoint Councillor MacKenzie and Councillor Snook for a term from September 10, 2012 to the end of their current terms on Council; and to appoint Rob Scott and Andrew Miller for a term from September 10, 2012 to December 31st, 2014. Saint John Free Public Library: to appoint Susanne Daley for a three year term from September 10, 2012 to September 10, 2015. Saint John Board of Police Commissioners: to appoint Councillor Norton for a two year term from September 10, 2012 to September 10, 2014; and to appoint Councillor MacKenzie for a term from September 10, 2014 to the end of his current term on Council. Question being taken, the motion was carried. 13.8 Committee of the Whole: Amateur MMA Events Mr. Beaulieu stated that based on the current legislation, the City Solicitor has provided a legal opinion that the City does not have the authority to license or regulate MMA -type events. He noted that in 2003 a former Council member held an MMA event in Saint John and was charged and subsequently found guilty under a specific section of the criminal code. On motion of Councillor McAlary Seconded by Councillor Snook RESOLVED that the report from the City Solicitor entitled Amateur MMA Events be received for information. Question being taken, the motion was carried. 13.9 Committee of the Whole: City's Position Paper on Municipal Reform 2012 On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED the city's position paper on municipal reform 2012 be received for information. Question being taken, the motion was carried. 14. Consideration of Issues Separated from Consent Agenda 14.1 Millidgeville -North End Lions Letter Re Charles Gorman Canteen On motion of Councillor Farren Seconded by Councillor Strowbridge RESOLVED that the letter from the Millidgeville- North End Lions regarding the Charles Gorman Canteen be referred to the City Manager. Question being taken, the motion was carried. 14.2 Request for Mobile Vendor Site On motion of Councillor Farren Seconded by Councillor Strowbridge RESOLVED that the letter from Stephane Mann regarding a mobile vendor site be referred to the City Manager and the City Solicitor. 54 97-307 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 10, 2012/LE 10 SEPTEMBRE 2012 Question being taken, the motion was carried. On motion of Councillor Farren Seconded by Councillor Snook RESOLVED that Council requests that the City Solicitor report back to Council regarding a previous Council resolution respecting vendors in public spaces. Question being taken, the motion was carried. 14.3 Request for Proposals 2012 - 092201 P On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the Commissioner of Finance and Administrative Services in the submitted report M &C 2012 -228: Request for Proposals 2012-092201P — Drinking Water Program — Advisory Services, the proposal for advisory services to complete the Business Case and Value for Money Study for the Drinking Water Program as submitted by PricewaterhouseCoopers at a cost of $80,000.00 plus tax and disbursements be accepted, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 15. General Correspondence 15.1 Cement Association of Canada Request to Present On motion of Councillor Farren Seconded by Councillor Strowbridge RESOLVED that the request to present from the Cement Association of Canada be received for information. Question being taken, the motion was carried. 15.2 Letter from River Road Community Alliance Inc. Request to Present A motion moved by Councillor Merrithew and seconded by Councillor Strowbridge to refer the request from the River Road Community Alliance Inc., to the upcoming public session meetings was withdrawn. Question being taken, the motion was carried. On motion of Councillor Merrithew Seconded by Councillor Strowbridge RESOLVED that the request from the River Road Community Alliance Inc. and the Latimore Lake & Area Community Association be referred to the Clerk to schedule. Question being taken, the motion was carried. 12.9 City Manager: Contract No. 2012 -19: Duncraggan Court Watermain Renewal On motion of Councillor Farren Seconded by Councillor Strowbridge RESOLVED that item 12.9 City Manager: Contract No. 2012 -19: Duncraggan Court Watermain Renewal be lifted from the table. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -232: Contract No. 2012 -19: Duncraggan Court Watermain Renewal, Contract No. 2012 -19: Duncraggan Court Watermain Renewal, be awarded to the low tenderer, Galbraith Construction Ltd., at the tendered 55 97-308 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 10, 2012/1-E 10 SEPTEMBRE 2012 price of $66,197.66 including HST as calculated based upon estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 13.5 Saint John Parking Commission: Feasibility of Text to Pay System for Payment of Parking Fines On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that item 13.5 Saint John Parking Commission: Feasibility of Text to Pay System for Payment of Parking Fines be lifted from the table. Question being taken, the motion was carried. On motion of Councillor Snook Seconded by Councillor McALary RESOLVED that the report entitled Feasibility of Text to Pay System for Payment of Parking Fines be received for information. Question being taken, the motion was carried. 13.6 Saint John Parking Commission: Feasibility of Pay by Phone System for Parking Meters On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that item 13.6 Saint John Parking Commission: Feasibility of Pay by Phone System for Parking Meters be lifted from the table. Question being taken, the motion was carried. On motion of Councillor Snook Seconded by Councillor McAlary RESOLVED that the report entitled Feasibility of Pay by Phone System for Parking Meters be received for information. Question being taken, the motion was carried. 13.7 True Growth 2.0: Charting Our Renaissance On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that item 13.7 True Growth 2.0: Charting Our Renaissance be lifted from the table. Question being taken, the motion was carried. On motion of Deputy Mayor Rinehart Seconded by Councillor Farren RESOLVED that the report entitled True Growth 2.0: Charting Our Renaissance be received for information. Question being taken, the motion was carried. On motion of Councillor Snook Seconded by Councillor Merrithew RESOLVED that the Common Council meeting of September 17'" be cancelled. Question being taken, the motion was carried Councillors Farren and Norton voting nay. 56 97-309 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 10, 2012/LE 10 SEPTEMBRE 2012 16. Adjournment On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the Council meeting of September 10th, 2012 be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 9:30 p.m. 57 97-310 COMMON COUNCIL / CONSEIL COMMUNAL SEPTEMBER 10, 2012/1-E 10 SEPTEMBRE 2012 SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A L'HOTEL DE VILLE, LE 10 SEPTEMBRE 2012 A 18 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 finances et tresorier; K. Forrest, commissaire aux services de developpement et de croissance; W. Edwards, commissaire aux services de transport et d'environnement; Sergent d'etat -major J. Flemming, Service de police; K. Clifford, chef du service d'incendie; E. Gormley, greffiere communale, et J. Taylor, greffier communal adjoint. 1. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire Norton, et le pasteur Greg Deacon recite la priere d'ouverture. 2. Approbation du proces- verbal 2.1 Proces- verbal de la seance tenue le 30 juillet 2012 Proposition de la conseillere Reardon Appuyee par la conseillere McAlary RESOLU que le proces- verbal de la seance du conseil communal tenue le 30 juillet 2012 soit approuve. A ('issue du vote, la proposition est adoptee. 2.2 Proces- verbal de la seance tenue le 13 aout 2012 La greffiere communale informe le conseil qu'il y a une correction a apporter au proces- verbal du 13 aout 2012, indiquant qu'au point 11.4, it faudrait attribuer un vote o contre » au conseiller Snook. Proposition de la conseillere McAlary Appuyee par la mairesse suppleante Rinehart RESOLU que le proces- verbal de la seance du conseil communal tenue le 13 aout 2012, soit approuve, tel que modifie. A ('issue du vote, la proposition est adoptee. 2.3 Proces- verbal de la seance tenue le 20 aout 2012 Proposition de la conseillere Reardon Appuyee par la conseillere McAlary RESOLU que le proces- verbal de la seance du conseil communal tenue le 20 aout 2012 soit approuve. A ('issue du vote, la proposition est adoptee. 3. Adoption de I'ordre du jour Proposition de la conseillere McAlary Appuyee par le conseiller Snook RESOLU que I'ordre du jour de la presente seance soit approuve, moyennant I'ajout du point 13.8 Comite plenier : Evenements darts martiaux mixtes amateurs; 13.9 Comite plenier : Expose de position de la Ville de Saint John sur la reforme municipale de 2012; et 13.10 Comite plenier : Phase 3 du lotissement Bally Desmond. 97-311 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 10, 2012/LE 10 SEPTEMBRE 2012 A Tissue du vote, la proposition est adoptee. 4. Divulgations de conflits d'interets Aucun conflit d'interets nest declare. Proposition du conseiller Snook Appuyee par la conseillbre Reardon RESOLU que les points 12.5, 12.6 et 12.7 soient avances dans I'ordre du jour. A Tissue du vote, la proposition est adoptee. 12.7 Directeur general : Reunions de quartier a venir Proposition de la mairesse suppleante Rinehart Appuyee par la conseillbre McAlary RESOLU que le point 12.7 Directeur general: Reunions de quartier a venir, soit soumis aux fins de discussion. A Tissue du vote, la proposition est adoptee. J. Hamilton, commissaire des services strategiques, presente Todd MacDonald de Performance Concepts et Holly McMackin de Dillon Consulting, indiquant qu'ils animeraient les ateliers des reunions de quartier a venir. M. MacDonald et Mme McMackin decrivent bribvement le processus propose pour les ateliers de quartier prevus les 11, 12, 19 et 20 septembre et repondent aux questions des membres du conseil. Proposition de la mairesse suppleante Rinehart Appuyee par la conseillbre McAlary RESOLU que le rapport intitule Reunions de quartier a venir soit accepte a titre informatif. A Tissue du vote, la proposition est adoptee. 12.6 Directeur general : Revitalisation du Centre communautaire Nick Nicolle — Recommandation pour I'attribution du contrat de construction pour la phase 1 Proposition de la conseillbre McAlary Appuyee par le conseiller Merrithew RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -224 : Revitalisation du Centre communautaire Nick Nicolle — Recommandation pour I'attribution du contrat de construction pour la phase I: 1) le conseil communal attribue le contrat n° 2012- 081201T : Revitalisation du Centre communautaire Nick Nicolle - Construction de la phase 1 au soumissionnaire le moins- disant, John Flood & Sons (1961) Ltd., au prix offert de 912 355 $, TVH en sus; 2) le conseil communal reaffecte, a meme le budget d'im mobil isations de 2012, un montant de 52 400 $ sur le montant precedemment approuve de 150 000 $ accorde au projet de renovation de la magonnerie du marche municipal de The City of Saint John a la construction de la phase 1 du projet de revitalisation du Centre communautaire Nick Nicolle pour combler 1'ecart entre le prix offert et le budget de 891 300 $ du projet initialement approuve; 3) le conseil communal approuve au prealable un montant de 140 000 $ a meme le budget d'immobilisations de 2013 qui ne sera depense qu'en cas de besoin pour remedier aux conditions imprevues durant la construction de la phase 1 du projet de revitalisation du Centre communautaire Nick Nicolle; 4) le maire et la greffibre communale soient autorises a signer les documents contractuels necessaires. La conseillbre Fullerton indique qu'etant donne la situation financibre actuelle de la Ville, elle ne peut appuyer la proposition. 59 97-312 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 10, 2012/LE 10 SEPTEMBRE 2012 A ('issue du vote, la proposition est adoptee. La conseillere Fullerton vote contre la proposition. 12.5 Directeur general : Phase 2 de la revitalisation du Centre communautaire Nick Nicolle — Recours a des services d'experts - conseils professionnels M. Beaulieu indique que la recommandation qui figure dans le rapport devrait contenir le libelle suivant au debut de la partie 1) : « Que malgre la politique d'approvisionnement en biens, en services et en travaux de construction de la Ville ». Proposition de la conseillere McAlary Appuyee par le conseiller Merrithew RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -225: Phase 2 de la revitalisation du Centre communautaire Nick Nicolle — Recours a des services d'experts- conseils professionnels : 2) Malgre la politique d'approvisionnement en biens, en services et en travaux de construction de la Ville, la Ville retienne les services des experts - conseils de Architects Inc. pour la somme de 199 815,30 $, TVH en sus, pour terminer la conception detaillee de la phase 2 de la revitalisation du Centre communautaire Nick Nicolle; 2) le maire et la greffiere communale soient autorises a signer les documents contractuels necessaires. A I'issue du vote, la proposition est adoptee. La conseillere Fullerton vote contre la proposition. 7. Proclamation 7.1 Semaine des cadets : du 16 au 22 septembre 2012 Le maire declare la semaine du 16 au 22 septembre 2012 Semaine des cadets dans The City of Saint John. 6. Commentaires presentes par les membres Les membres du conseil s'expriment sur diverses activites communautaires. 8. Delegations et presentations 9. Audiences publiques a 19 h 9.1 a) Projet de modification de I'Arrete de zonage visant le 317, chemin City Line et demande de retrait de la demande 9.1b) Rapport du Comite consultatif d'urbanisme La greffiere communale indique que le demandeur cherchant a acquerir la propriete situee au 317, chemin City line, a fait parvenir une lettre dans laquelle it demande le retrait de la demande de rezonage. Proposition de la conseillere McAlary Appuyee par la mairesse suppleante Rinehart RESOLU que le conseil communal reponde favorablement a la demande de M. Serge Ethier voulant que la demande de rezonage visant la propriete situee au 317, chemin City Line, soit retiree, et que I'audience publique soit annulee. A I'issue du vote, la proposition est adoptee. 9.2a) Projet de modification de I'Arrete de zonage visant le 80, chemin Kierstead 9.2b) Rapport du Comite consultatif d'urbanisme recommandant le rezonage 9.2c) Lettre d'opposition La greffiere communale indique que les avis requis ont ete publies relativement a la modification de I'annexe « A », plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain d'une superficie d'environ 1 636 metres carres •1 97-313 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 10, 2012/LE 10 SEPTEMBRE 2012 situee au 80, chemin Kierstead et portant le NID 00413799 afin de faire passer la classification s'y rapportant de zone de parc d'industrie Iegere « 1 -3 » a zone de quartier a vocation collective « IL -1 » pour autoriser un etablissement de soins en groupe abritant 14 adultes au maximum dans 1'edifice existant, et qu'une lettre d'opposition a ete reque. On procede egalement a I'etude d'un rapport du Comite consultatif d'urbanisme qui presente un exemplaire du rapport du personnel d'urbanisme examine lors de la seance du 21 aout 2012 pendant laquelle le Comite a recommande de proceder au rezonage de la parcelle de terrain situee au 80, chemin Kierstead, telle qu'elle est decrite ci- dessus, sous reserve des conditions stipulees a I'article 39. Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite le public a se prononcer en faveur du rezonage et Ian McCoy, au nom du demandeur, repond aux questions que lui posent les membres du conseil et fournit des precisions sur le rezonage propose. Proposition de la conseillere McAlary Appuyee par le conseiller Snook RESOLU que I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John » modifiant I'annexe « A », plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain d'une superficie d'environ 1 636 metres carres situee au 80, chemin Kierstead et portant le NID 00413799, afin de faire passer la classification s'y rapportant de zone de parc d'industrie Iegere « 1 -3 » a zone de quartier a vocation collective a IL -1 », fasse I'objet d'une premiere lecture. A I'issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». Proposition du conseiller Farren Appuyee par la conseillere Fullerton RESOLU qu'avant que le conseil ne procede a la troisieme lecture du projet de rezonage d'une parcelle de terrain d'une superficie d'environ 1 636 metres carres situee au 80, chemin Kierstead, un plan de situation detaille soit fourni par le demandeur. A I'issue du vote, la proposition est adoptee. Proposition de la conseillere McAlary Appuyee par le conseiller Snook RESOLU que I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John » modifiant I'annexe « A », plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain d'une superficie d'environ 1 636 metres carres situee au 80, chemin Kierstead et portant le NID 00413799, afin de faire passer la classification s'y rapportant de zone de parc d'industrie Iegere « 1 -3 » a zone de quartier a vocation collective « IL -1 » , fasse ('objet d'une deuxieme lecture. A I'issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». 5. Questions soumises a I'approbation du conseil 5.1 Voir le point 14.1. 5.2 Voir le point 14.2. 5.3 Voir le point 14.3. 5.4 Que, comme le recommande le commissaire aux services financiers et administratifs dans le rapport soumis intitule M/C 2012 -227: Installation du centre de commande de moteurs a moyenne tension — Poste de pompage de /'eau de Musquash, 61 97-314 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 10, 2012/LE 10 SEPTEMBRE 2012 contrat no 2012- 082301T pour ('installation de 1'equipement du centre de commande de moteurs a moyenne tension au poste de pompage de Musquash soit accorde au soumissionnaire le moins - disant, Earl Holland Contracting, au prix offert de 106 389 $, taxes en sus. 5.5 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -223 : Parc de vehicules 2012 — Pont elevateur pour 1'edifice d'entretien de 1'avenue Rothesay, the City of Saint John procede au processus d'acquisition en presentant une demande de proposition pour la fourniture et ('installation d'un nouveau pont elevateur de 50 000 livres pour ('installation d'entretien du parc de vehicules de 1'edifice de I'avenue Rothesay. 5.6 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -231 : Date proposee pour la tenue dune audience publique concernant le 416, chemin Sandy Point, le conseil communal fixe la date de I'audience publique relative a la demande de rezonage de Patricia M. Hay (416, chemin Sandy Point) au mardi 9 octobre 2012, a 19 h, dans la salle du conseil, et qu'il transmette la demande au Comite consultatif d'urbanisme aux fins de preparation d'un rapport et d'une recommandation. 5.7 Que la demande soumise par le Bureau des commissaires de la police de Saint John soit transmise a la greffiere pour qu'elle fixe une date de presentation. 5.8 Que, comme le recommande le directeur general dans le rapport soumis intitule Projet conjoint de revetement et d'agrandissement de la rue Smythe, le conseil communal approuve la soumission de la partie A de Alternative Concrete Technologies Limited pour un montant de 219 221 $. 5.9 Que la lettre de A. Wilson et de H. McMann soit acceptee a titre informatif. 5.10 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -229: Marche municipal de The City of Saint John — Location de 1'etal n °((A)): 1) le conseil communal approuve la location d'espace de I'etal no « A )), situe au marche municipal, a S.K.Y. Jeon Inc., conformement aux modalites et conditions precisees dans le bail joint au rapport M/C 2012 -229; 2) le maire et la greffiere communale soient autorises a signer ledit bail. Proposition de la conseillere McAlary Appuyee par le conseiller Merrithew RESOLU que la recommandation formulee relativement a chacune des questions soumises a I'approbation du conseil — a 1'exclusion des points 5.1 Lettre du club Millidgeville North End Lions concernant la cantine de 1'arena Charles Gorman; 5.2 Demande d'emplacement de vendeur ambulant; 5.3 Demande de propositions 2012-092201P — Programme sur 1'eau potable — Services consultatifs, qui ont ete selectionnes aux fins de discussion, soit adoptee. A I'issue du vote, la proposition est adoptee. 10. Etude des arretes municipaux 11. Interventions des membres du conseil 11.1 Coin Simms (conseiller Norton) Proposition du conseiller Norton Appuyee par le conseiller Farren RESOLU que la lettre du conseiller Norton intitulee Coin Simms soit renvoyee au directeur general afin qu'il fixe une rencontre entre le personnel municipal et M. Alan Benton, ingenieur, et avant de presenter la lettre au conseil communal, qu'un rapport et qu'une recommandation soient acceptes par le directeur general sur ce point. A I'issue du vote, la proposition est adoptee. 62 97-315 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 10, 2012/LE 10 SEPTEMBRE 2012 11.2 Deneigement du chemin Red Head (conseiller Strowbridge) La proposition du conseiller Strowbridge, appuy6e par le conseiller Farren, de charger le personnel municipal d'accorder une priorit6 1 au chemin Red Head au lieu d'une prioritb 3 dans le Plan de gestion hivernal en ce qui a trait aux operations de d6neigement entre en vigueur imm6diatement et les modifications doivent etre mises en oeuvre le ou avant le 1er novembre 2012. Proposition de la conseill6re McAlary Appuy6e par la mairesse suppl6ante Rinehart RESOLU que la lettre du conseiller Strowbridge intitulde « D6neigement du chemin Red Head » soit transmise au directeur g6n6ral aux fins de pr6sentation d'un rapport dans un d6lai de 30 jours en ce qui concerne le programme actuel de d6neigement de la Ville. A ('issue du vote, la proposition est adopt6e. 11.3 Chef adjoint du service d'incendie (conseillere McAlary) Proposition de la conseill6re McAlary Appuybe par la mairesse suppl6ante Rinehart RESOLU que le conseil charge le directeur g6nbral de dresser, dans un d6lai de trente jours, un rapport a ('intention du conseil en s6ance priv6e en ce qui concerne la n6cessit6 de pourvoir diff6rents postes vacants parmi le personnel municipal, dont celui de chef adjoint du service d'incendie. A ('issue du vote, la proposition est adopt6e. Le conseiller Farren vote contre la proposition. 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux 12.1 Greffiere communale : Ville de Bathurst et systeme des comit6s Proposition de la conseill6re McAlary Appuy6e par le conseiller Snook RESOLU que le rapport intituld Ville de Bathurst et systeme des comites soit accept6 a titre informatif. A ('issue du vote, la proposition est adopt6e. 12.2 Directeur g6n6ral : Examen de I'Arret6 de zonage : Journ6e portes ouvertes de septembre Faisant r6f6rence a un rapport ant6rieur, M. Reade, urbaniste principal, met le Conseil a jour sur la journbe portes ouvertes de septembre aux fins d'examen de I'ArrW de zonage. Proposition de la conseill6re McAlary Appuy6e par le conseiller Strowbridge RESOLU que le rapport intituld M/C 2012-226: Examen de I'Arret6 de zonage : journee porter ouvertes de septembre, soit accept6 a titre informatif. A ('issue du vote, la proposition est adopt6e. Proposition de la conseillere McAlary Appuy6e par le conseiller Merrithew RESOLU que le point 12.8 Construction de la rue Mattro, phase 3 du lotissement Bally Desmond soit avanc6 dans I'ordre du jour. A ('issue du vote, la proposition est adopt6e. 12.8 Directeur g6n6ral : Construction de la rue Mattro, phase 3 du lotissement Bally Desmond Proposition de la conseillbre McAlary 63 97-316 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 10, 2012/LE 10 SEPTEMBRE 2012 Appuyee par le conseiller Merrithew RESOLU que le point 12.8 Directeurgeneral: Construction de la rue Mattro, phase 3 du lotissement Bally Desmond soit soumis aux fins de discussion. A Tissue du vote, la proposition est adoptee. Proposition de la conseillere McAlary Appuyee par le conseiller Merrithew RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -233 : Construction de la rue Mattro, phase 3 du lotissement Bally Desmond, le conseil communal convienne de rembourser A.J. Mallette and Sons (1985) Limited les couts associes a la construction de la prolongation de la rue Mattro depuis la limite de la propriete Mallette and Sons vers I'ouest jusqu'a la jonction avec la rue Jadvo conformement a I'Arrete de lotissement de Saint John et aux specifications generales de la Ville relativement a la construction des rues. Et qu'en outre, I'avocat municipal soit charge de preparer ou d'examiner le contrat de lotissement entre la Ville et le promoteur afin de permettre 1'execution des travaux requis et la mise en place des installations necessaires, ainsi que le remboursement propose par la Ville. A ('issue du vote, la proposition est adoptee. 12.3 Directeur general : Voies reservees aux camions sur le chemin Manawagonish Proposition de la conseillere McAlary Appuyee par le conseiller Farren RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -222 : Voies reservees aux camions sur le chemin Manawagonish, le conseil communal: 1. charge I'avocat municipal de presenter sous la forme appropriee et traduite une modification de I'Arrete relatif a la circulation de la Ville qui supprime le chemin Manawagonish, limitant la voie Ouest Ocean au boulevard Fairville, de I'annexe « K » (voies reservees aux camions); 2. charge le personnel municipal d'examiner toutes les voies reservees aux camions dans The City of Saint John conjointement a la preparation d'un plan strategique en matiere de transport. A ('issue du vote, la proposition est adoptee. 12.4 Directeur general : Convention relative au permis d'utilisation de I'autoroute — Transfield Dexter Gateway Services Ltd — Route 1 (sortie 1201119) Proposition de la conseillere McAlary Appuyee par le conseiller Snook RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -230 : Convention relative au permis d'utilisation de I'autoroute — Transfield Dexter Gateway Services Ltd — Route 1 (sortie 1201119), The City of Saint John conclue la convention relative au permis d'utilisation de ('autoroute 2012 -002 avec Transfield Dexter Gateway Services Limited, fondamentalement semblable quant a la forme et au contenu presentes, et que le maire et la greffiere communale soient autorises a signer 1'entente. A ('issue du vote, la proposition est adoptee. 13. Rapports deposes par les comites 13.1 Comite consultatif d'urbanisme : Projet de lotissement aux 1450 -1600, chemin Sandy Point Proposition du conseiller Farren Appuyee par le conseiller Strowbridge E 97-317 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 10, 2012/LE 10 SEPTEMBRE 2012 RESOLU que: 1. le conseil communal donne son assentiment a un ou plusieurs plans de lotissement, realisables en une ou plusieurs phases comme it est indique de fagon generale dans le plan de lotissement provisoire presente par Eagles Nest Estates (phase 1), par rapport au projet de devolution de terrains a titre de rues publiques proposees et de rues futures, et de toute servitude requise pour les services municipaux, le drainage municipal et les services publics; 2. le conseil communal accepte une compensation monetaire visant I'affectation du terrain d'utilite publique relativement a la phase 1 du lotissement Eagles Nest Estates; 3. le conseil communal autorise la redaction et la signature de contrats de lotissement entre la Ville et le promoteur afin de permettre 1'execution des travaux requis et la mise en place des installations necessaires, y compris ['elaboration de plans de situation et de drainage detailles soumis a I'approbation de l'ingenieur municipal en chef ou de son remplagant. A I'issue du vote, la proposition est adoptee. 13.2 Comite consultatif d'urbanisme : Projet de lotissement visant les 340 et 341, chemin Loch Lomond Proposition de la conseillere Reardon Appuyee par le conseiller Snook RESOLLI que le conseil communal approuve les plans de lotissement provisoires presentes par Highlands Operations Limited, Irving Oil Operations General Partner Limited, Irving Oil Operations G.P., Irving Oil Operations Limited et Atlantic Land Dealers Ltd. qui permettraient la devolution d'une parcelle situee sur le chemin Loch Lomond, d'une superficie totale d'environ 760 metres carres, inscrite sous les NID 00313791, 00313734 et 55155964, en tant que droit de passage sur rue publique, comme I'indiquent de maniere generale les plans presentes avec la demande. A ['issue du vote, la proposition est adoptee. 13.3 Comite consultatif d'urbanisme : Projet de lotissement et de derogation visant le 210, chemin Lawrence Long Proposition de la mairesse suppleante Rinehart Appuyee par la conseillere Reardon RESOLLI que: 1. le conseil communal approuve le ou les plans de lotissement en une ou plusieurs phases, par rapport au projet de devolution de terrains a titre de rue publique, comme le montre de fagon generale le plan de lotissement provisoire reduit par procede photo intitule « plan de lotissement Pasture Hill Estates » et date du 20 avril 2012, de meme que les servitudes necessaires pour les services municipaux et les services publics; 2. le conseil communal autorise la redaction et la signature de contrats de lotissement entre la Ville et le promoteur afin de permettre 1'execution des travaux requis et la mise en place des installations necessaires, notamment en ce qui concerne I'elaboration de plans de situation et de drainage detailles soumis a I'approbation de I'ingenieur municipal en chef; 3. le conseil communal accepte une compensation monetaire, plutot que I'affectation du terrain requise, pour satisfaire a 1'exigence relative aux terrains d'utilite publique. A I'issue du vote, la proposition est adoptee. Le conseiller Farren vote contre la proposition. 13.4 Comite plenier : Recommandations denominations pour sieger aux comites Proposition de la conseillere McAlary Appuyee par le conseiller MacKenzie RESOLU que, comme le recommande le comite plenier, s'etant reuni le 4 septembre 2012, le conseil approuve les nominations suivantes pour sieger aux comites : 65 97-318 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 10, 2012/LE 10 SEPTEMBRE 2012 Commission de gestion des dechets solides de Fundy: Nomination de la conseillere McAlary, du 10 septembre 2012 jusqu'a la fin de son mandat actuel au sein du conseil. Commission sur le stationnement de Saint John : Nomination de la conseillere Reardon, du 10 septembre 2012 jusqu'a la fin de son mandat actuel au sein du Conseil. Comite de surveillance du centre des congres : Nomination du conseiller Merrithew, du 10 septembre 2012 jusqu'a la fin de son mandat actuel au sein du conseil. Saint John Airport Inc.: Nomination de Jonathan McKenzie et de Ross Jefferson aux fins d'evaluation par la Saint John Airport Inc. pour un mandat de trois ans conformement a I'Arrete no 1 de la Saint John Airport Inc. Uptown Saint John : Nomination de la conseillere Reardon, du 10 septembre 2012 jusqu'a la fin de son mandat actuel au sein du conseil. Comite compose des membres du conseil et de Saint John Water: Nomination du maire Norton, des conseillers Merrithew et MacKenzie et de la conseillere McAlary, tous a compter du 10 septembre 2012 jusqu'a la fin de leur mandat actuel au sein du conseil. Saint John Industrial Parks : Nomination de Patrick McCaffrey pour un mandat de trois ans allant du 10 septembre 2012 au 10 septembre 2015. Comite des finances : Nomination de la conseillere Fullerton, du 10 septembre 2012 jusqu'a la fin de son mandat actuel au sein du conseil. Fundy Trail Development Authority Inc.: Nomination de Graeme Stewart - Robertson pour un mandat de trois ans allant du 10 septembre 2012 au 10 septembre 2015. Comite consultatif d'urbanisme : Nomination de Patrick Beamish en remplacement d'Erik Kraglund pour un mandat allant du 10 septembre 2012 au 1er janvier 2013, et renouvellement de la nomination de Morgan Lanigan pour un mandat allant du 10 septembre 2012 au 1erjanvier 2015. Comite City of Saint John Non - Profit Housing : Nomination du conseiller Strowbridge, pour un mandat de trois ans allant du 10 septembre 2012 jusqu'a la fin de son mandat actuel au sein du conseil. Saint John Jeux Canada Games Foundation : Nomination du conseiller Norton pour un mandat allant du 10 septembre 2012 jusqu'a la fin de son mandat actuel au sein du conseil et renouvellement de la nomination de Dale Knox pour un mandat allant du 10 septembre 2012 jusqu'au 10 septembre 2015. Organisme de gestion des services d'urgence de Saint John : Nomination du maire Norton, de la mairesse suppleante Rinehart, du conseiller MacKenzie et du conseiller Strowbridge pour un mandat allant du 10 septembre 2012 jusqu'a la fin de leur mandat actuel au sein du conseil, et du chef du service d'incendie Clifford pour un mandat de deux ans allant du 10 septembre 2012 jusqu'au 10 septembre 2014. PRO Kids : Nomination du conseiller MacKenzie et du conseiller Snook pour un mandat allant du 10 septembre 2012 jusqu'a la fin de leur mandat actuel au sein du conseil et nomination de Rob Scott et d'Andrew Miller pour un mandat allant du 10 septembre 2012 jusqu'au 31 decembre 2014. Bibliotheque publique de Saint John : Nomination de Susanne Daley pour un mandat de trois ans allant du 10 septembre 2012 jusqu'au 10 septembre 2015. Bureau des commissaires de la police de Saint John : Nomination du conseiller Norton pour un mandat de deux ans allant du 10 septembre 2012 jusqu'au 10 septembre 2014 et nomination du conseiller Mackenzie pour un mandat allant du 10 septembre 2014 jusqu'a la fin de son mandat actuel au sein du conseil. A I'issue du vote, la proposition est adoptee. .. 97-319 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 10, 2012/LE 10 SEPTEMBRE 2012 13.8 Comite plenier : Evenements darts martiaux mixtes amateurs M. Beaulieu indique que I'avocat municipal a, en s'appuyant sur la legislation actuelle, donne un avis juridique selon lequel la Ville n'a pas le pouvoir d'octroyer des permis pour les evenements d'arts martiaux mixtes amateurs ou de les reglementer. II indique qu'en 2003, un ancien membre du conseil a tenu un evenement d'arts martiaux mixtes amateurs a Saint John et it a ete condamne en vertu d'un article precis du Code criminel et a ete declare coupable par la suite pour cette infraction. Proposition de la conseillbre McAlary Appuyee par le conseiller Snook RESOLU que le rapport de I'avocat municipal intitule a Evenements d'arts martiaux mixtes amateurs » soit accepte a titre informatif. A Tissue du vote, la proposition est adoptee. 13.9 Comite plenier : Expose deposition de la Ville de Saint John sur la reforme municipale de 2012 Proposition du conseiller Farren Appuyee par la conseillere McAlary RESOLU que 1'expose de position de la Ville de Saint John sur la reforme municipale de 2012 soit accepte a titre informatif. A Tissue du vote, la proposition est adoptee. 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 14.1 Lettre du club Millidgeville North End Lions concernant la cantine de I'arena Charles Gorman Proposition du conseiller Farren Appuyee par le conseiller Strowbridge RESOLU que la lettre reque du club Millidgeville North End Lions concernant la cantine de ('arena Charles Gorman soit transmise au directeur general. A ('issue du vote, la proposition est adoptee. 14.2 Demande d'emplacement de vendeur ambulant Proposition du conseiller Farren Appuyee par le conseiller Strowbridge RESOLU que la lettre de M. Stephane Mann concernant un emplacement de vendeur ambulant soit transmise au directeur general et a I'avocat municipal. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Farren Appuyee par le conseiller Snook RESOLU que le conseil demande que I'avocat municipal lui presente un compte rendu concernant une resolution anterieure du conseil relative aux vendeurs ambulants dans les espaces publics. A ('issue du vote, la proposition est adoptee. 14.3 Demande de propositions 2012 - 092201 P Proposition de la conseillbre McAlary Appuyee par le conseiller MacKenzie RESOLU que, comme le recommande le commissaire aux services financiers et administratifs dans le rapport soumis intitule M/C 2012 -228: Demande de propositions 2012 - 092201 P — Programme sur 1'eau potable — Services consultatifs, la proposition voulant que les services consultatifs procedent a ('analyse de ('optimisation des ressources et de la rentabilisation pour le 67 97-320 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 10, 2012/1-E 10 SEPTEMBRE 2012 Programme sur I'eau potable, tel qu'il a ete pr6sent6 par PricewaterhouseCoopers, au cout de 80 000 $, taxes et d6bours en sus, soit accept6e, et que le maire et la greffiere communale soient autoris6s a signer les documents contractuels n6cessaires. A I'issue du vote, la proposition est adopt6e. 15. Correspondance generale 15.1 Demande soumise par I'Association canadienne du ciment en vue de faire une presentation devant le conseil Proposition du conseiller Farren Appuy6e par le conseiller Strowbridge RESOLU que la lettre de demande soumise par I'Association canadienne du ciment soit accept6e a titre informatif. A I'issue du vote, la proposition est adopt6e. 15.2 Lettre de la River Road Community Alliance Inc. en vue de faire une presentation devant le conseil La proposition du conseiller Merrithew, appuybe par le conseiller Strowbridge, de renvoyer la demande soumise par la River Road Community Alliance Inc. lors de la prochaine seance publique est retir6e. A I'issue du vote, la proposition est adopt6e. Proposition du conseiller Merrithew Appuy6e par le conseiller Strowbridge RESOLU que la lettre de demande soumise par la River Road Community Alliance Inc., et I'association communautaire du lac Latimore et de la r6gion avoisinante soit transmise a la greffiere pour qu'elle fixe une date de presentation. A I'issue du vote, la proposition est adopt6e. 12.9 Directeur general : Contrat n° 2012 -19 : Renouvellement de la conduite d'eau principale de la cour Duncraggan Proposition du conseiller Farren Appuy6e par le conseiller Strowbridge RESOLU que le point 12.9 Directeurg6neral: Contrat no 2012-19: Renouvellement de la conduite d'eau principale de la cour Duncraggan, soit soumis aux fins de discussion. A I'issue du vote, la proposition est adopt6e. Proposition de la conseillere McAlary Appuy6e par le conseiller Farren RESOLU que, comme le recommande le directeur g6n6ral dans le rapport soumis intitul6 M/C 2012 -232 : Contrat no 2012-19: Renouvellement de la conduite d'eau principale de la cour Duncraggan, le contrat no 2012 -19 relatif au renouvellement de la conduite d'eau principale de la cour Duncraggan, soit accord6 au soumissionnaire le moins - disant, Galbraith Construction Ltd., au prix offert de 66 197,66 $ (y compris la TVH), btabli a partir de quantit6s estimatives et, que le maire et le greffier communal soient autorises a signer les documents contractuels n6cessaires. A I'issue du vote, la proposition est adopt6e. 13.5 Commission sur le stationnement de Saint John : Faisabilite du systeme de paiement par message texte pour les amendes de stationnement Proposition de la conseillere McAlary Appuy6e par la mairesse supplbante Rinehart .: 97-321 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 10, 2012/LE 10 SEPTEMBRE 2012 RESOLU que le point 13.5 Commission sur le stationnement de Saint John : Faisabilite du systeme de paiement par message texte pour les amendes de stationnement, soit soumis aux fins de discussion. A Tissue du vote, la proposition est adopt6e. Proposition du conseiller Snook Appuy6e par la conseillere McAlary RESOLU que le rapport intitul6 Faisabilite du systeme de paiement par message texte pour les amendes de stationnement soit accept6 a titre informatif. A Tissue du vote, la proposition est adopt6e. 13.6 Commission sur le stationnement de Saint John : Faisabilite du systeme de paiement par telephone pour les parcometres Proposition de la conseillere McAlary Appuy6e par la mairesse suppl6ante Rinehart RESOLU que le point 13.6 Commission sur le stationnement de Saint John : Faisabilite du systeme de paiement par telephone pour les parcometres, soit soumis aux fins de discussion. A Tissue du vote, la proposition est adopt6e. Proposition du conseiller Snook Appuy6e par la conseillere McAlary RESOLU que le rapport intitul6 Faisabilite du systeme de paiement par telephone pour les parcometres soit accept6 a titre informatif. A ('issue du vote, la proposition est adopt6e. 13.7 Programme de croissance reelle 2.0 : Bilan de notre renaissance Proposition du conseiller Farren Appuy6e par la conseillere McAlary RESOLU que le point 13.7 Programme de croissance reelle 2.0 : Bilan de notre renaissance soit soumis aux fins de discussion. A ('issue du vote, la proposition est adopt6e. Proposition de la mairesse suppl6ante Rinehart Appuy6e par le conseiller Farren RESOLU que le rapport intitul6 Programme de croissance reelle 2.0 : Bilan de notre renaissance soit accept6 a titre informatif. A ('issue du vote, la proposition est adoptbe. Proposition du conseiller Snook Appuy6e par le conseiller Merrithew RESOLU que la seance du conseil communal du 17 septembre soit annul6e. A ('issue du vote, la proposition est acceptbe. Les conseillers Farren et Norton votent contre la proposition. 16. Levee de la seance Proposition de la conseillere McAlary Appuy6e par le conseiller Merrithew RESOLU que la seance du 10 septembre 2012 soit levbe. A ('issue du vote, la proposition est adoptbe. .• 97-322 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 10, 2012/1-E 10 SEPTEMBRE 2012 Le maire declare que la seance est levee a 21 h 30. Mayor /maire Common Clerk /greffiere communale 70 97-323 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 24, 2012/LE 24 SEPTEMBRE 2012 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — SEPTEMBER 24, 2012 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, MacKenzie, McAlary, Merrithew, Norton, Snook and Strowbridge WTiTGE W. Edwards, Commissioner of Transportation and Environment Services /Acting City Manager: J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Administrative Services; K. Forrest, Commissioner of Growth and Development Services; Tanya LeBlanc, Police Staff Sergeant; E. Gormley, Common Clerk and K. Tibbits, Administrative Assistant Call To Order — Prayer Mayor Norton called the meeting to order and Reverend Wayne Murphy of Lancaster Baptist Church offered the opening prayer. 2. Approval of Minutes 2.1 Minutes of August 27, 2012 On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the minutes of the meeting of Common Council, held on August 27, 2012, be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the agenda of this meeting be approved with the withdrawal of Item 12.11 City Manager: Establishment Change Request — Facility Management Department and the addition of Items 11.5 Lighthouse Exchange (Councillor McAlary); 13.1 Committee of the Whole: Viking Fire Protection; 13.2 Committee of the Whole: Resignation of Building Inspector, 13.3 Committee of the Whole: Appointment of Building Inspector, 13.4 Committee of the Whole: Harbourfront Residences at Three Sisters. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest S. Consent Agenda 5.1 See 14.1 5.2 That as recommended by the City Manager in the submitted report M &C 2012- 235: Plan SJ - Cengage Learning Inc. /Nelson Education Ltd. Request for Permission, Common Council authorize the Mayor and Common Clerk to execute the attached Cengage Learning Inc. /Nelson Education Ltd. Request for Permission dated 10 September 2012 authorizing the use of the PlanSJ Cover in the textbook Planning Canadian Communities. 5.3 That as recommended the report M &C 2012 -238: Contract 2011 -33: Milford Road - Sanitary Lift Station #32 & Force Main Installation be received for information. 5.4 That as recommended by the City Manager in the submitted report M &C 2012- 237: Contract No. 2012 -28: Airport Aqueducts Sonar and HD -CCTV Inspection, Contract 2012 -28: Airport Aqueducts Sonar and HD -CCTV Inspection be awarded to the low tenderer, All Sea Atlantic Ltd., at the tendered price of $159,528.88 including HST as 71 97-324 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 24, 2012/LE 24 SEPTEMBRE 2012 calculated based upon estimated quantities, and further, the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.5 That as recommended by the City Manager in the submitted report M &C 2012- 241: Proposed Temporary Working Room Contract Portion of Civic #12 Seaward Crescent: 1. The City of Saint John enter into a contract with Susan Grace Nason, in accordance with the terms and conditions contained in the agreement attached to this report (M &C # 2012 -241); and 2. The Mayor and Common Clerk be authorized to execute the necessary documents. 5.6 That as recommended by the City Manager in the submitted report M &C 2012- 247: Saint John City Market - Stall "No. D" - Transfer of Shares: 1. Common Council consent to the transfer of all the shares in A Whale of a Cafe Inc. by the current owner, Shelley Poirier to Alice Jardine; and 2. The Mayor and Common Clerk be authorized to execute the transfer. 5.7 That as recommended by the City Manager in the submitted report M &C 2012- 245: Saint John City Market - Lease of Space Stall "No.4" : 1. Common Council approve the lease of space for stall "No.4" in the City Market with Shawarma Hut Inc. under the terms and conditions as set out in the Lease submitted with MC2012 -24S; and further 2. The Mayor and Common Clerk be authorized to execute the lease. 5.8 Refer to item 14.2 5.9 That the Saint John Jeux Canada Games Foundation Audit Report and Financial Statements for December 31, 2011 be received for information. 5.10 That Chris Titus' letter of resignation from the Saint John Transit Commission be referred to the Nominating Committee. 5.11 That the Saint John Board of Police Commissioners Skills Matrix be referred to the Nominating Committee. 5.12 That the letter from the Saint John Board of Police Commissioners regarding Citizen Online Crime Reporting be received for information. 5.13 That as recommended by the Common Clerk in the submitted report entitled The Information Management Policy: Replacing the term "GARP" with the term "The Principles'; Council approve the submitted revised Information Management Policy. 5.14 That the letter from Dr. M. Simon regarding a public - private partnership with Gorman Arena and /or Lord Beaverbrook Arena be referred to the City Manager. On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the recommendation set out for each consent agenda item respectively with the exception of Items 5.1 Cherry Brook Zoo 2013 Budget and Request to Present and 5.8 Multicultural Association of Saint John Inc. — Request for Free Space in City Owned Facility, which have been identified for debate, be adopted. Question being taken, the motion was carried. Referring to Item 5.10 resignation of Chris Titus from the Saint John Transit Commission, the City Solicitor suggested that Council make a specific resolution accepting the resignation in order to bring the item to a clear decision. On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary 72 97-325 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 24, 2012/LE 24 SEPTEMBRE 2012 RESOLVED that the resignation of Chris Titus from the Saint John Transit Commission, be accepted. Question being taken, the motion was carried. 6. Members Comments Council members commented on various community events. 7. Proclamation 8. Delegations /Presentations 8.1 Douglas Avenue Presentation by Morgan Lanigan A motion moved by Councillor Strowbridge and Seconded by Councillor Merrithew to receive for information the presentation by Morgan Lanigan on traffic calming was withdrawn by the mover and seconder. On motion of Councillor MacKenzie Seconded by Councillor Farren RESOLVED that Morgan Lanigan present a report with respect to traffic calming on Douglas Avenue to members of Common Council. Question being taken, the motion was carried with Councillor Snook voting nay. Mr. Lanigan made a presentation to Council on a proposed traffic calming pilot program for Douglas Avenue and responded to questions from Council. Responding to a request from Council, Mr. Tim O'Reilly, Manager of Pedestrian & Traffic Services, answered questions with respect to traffic calming policies in The City of Saint John. (Councillor Merrithew withdrew from the meeting) (Councillor Fullerton withdrew from the meeting) On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the report from Morgan Lanigan regarding a proposed traffic calming pilot program for Douglas Avenue be referred to the City Manager. Question being taken, the motion was carried. 9. Public Hearings 7:00 P.M. 10. Consideration of By -laws 10.1(a) Report from Planning & Development — 80 Kierstead Road Proposed Rezoning 10.1(b)Third Reading Proposed Zoning ByLaw Amendment 80 Kierstead Road 10.1(c) Section 39 Conditions On motion of Councillor Snook Seconded by Councillor MacKenzie RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -201, A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1636 square metres, located at 80 Kierstead Road, also identified as being PID Number 00413799, from 1 -3" Light Industrial Park to "IL -1" Neighbourhood Institutional, be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number C.P. 110 -201 A Law to Amend the Zoning By -Law of The City of Saint John," was read in its entirety. On motion of Councillor Snook 73 97-326 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 24, 2012/LE 24 SEPTEMBRE 2012 Seconded by Councillor McAlary RESOLVED that, pursuant to the provisions of Section 39 of the Community Planning Act, the use of a parcel of land with an area of approximately 1636 square metres, located at 80 Kierstead Road, also identified as PID Number 00413799, be subject to the following conditions: a. The proposed group care facility is limited to a maximum of 14 residents; and b. The required concrete curbing be installed and verification provided by the owner's engineering consultant that the catch basin and drainage swales have been constructed as per the approved plans. c. The zoning of the property be reverted to the previous zoning should the application for the proposed group care facility be denied by the provincial Department of Social Development. Question being taken, the motion was carried. On motion of Councillor Snook Seconded by Councillor McAlary RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -201, A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1636 square metres, located at 80 Kierstead Road, also identified as being PID Number 00413799, from 1 -3" Light Industrial Park to "IL -1" Neighbourhood Institutional, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number C.P. 110 -201, A Law to Amend the Zoning By -Law of The City of Saint John." 11. Submissions by Council Members 11.0 360 Review (Mayor Norton) (Councillor Merrithew re- entered the meeting) (Councillor Fullerton re- entered the meeting) On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the City Manager arrange for senior staff to complete a confidential 360 Review of members of Council the results of which would only be shared with the individual who is reviewed and the Mayor; and further, that Council complete a 360 Review of the Mayor. Question being taken, the motion was carried. 11.1 By -Law Number M -27 Amendment (Councillor Norton) On motion of Councillor Norton Seconded by Councillor Merrithew RESOLVED that Council direct the City Solicitor to amend By -law M -27 to include the mandatory use of an approved helmet and further that the amendment be referred to as Josh's Law. Question being taken, the motion was carried. Mr. Nugent, referring to the Skateboarding By -Law, advised that the use of helmets required for use by people under the age of majority on bicycles is a requirement established by the Province of New Brunswick under the Motor Vehicle Act, adding that the matter of whether or not a municipality has the right to control the equipment associated with the skate boarding issue will have to be examined. 74 97-327 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 24, 2012/LE 24 SEPTEMBRE 2012 11.2 Amendment to Procedural By -law (Councillor McAlary) On motion of Councillor McAlary Seconded by Councillor Snook RESOLVED that Common Council amend the Procedural By -law to assign the number 16 to supplemental agenda items and assign the number 17 to items added to the agenda from the preceding Committee of the Whole meeting, and further, that the section of the Procedural By -law requiring Council to lift supplemental agenda items from the table before dealing with them be reviewed. Question being taken, the motion was carried. 11.3 Truck Routes (Councillor MacKenzie) On motion of Councillor MacKenzie Seconded by Deputy Mayor Rinehart RESOLVED that Council direct the City Manager to investigate the elimination of Chesley Drive and Douglas Avenue as truck routes. Question being taken, the motion was carried. 11.5 Lighthouse Exchange (Councillor McAlary) On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the Committee of the Whole recommends that the lighthouse be returned to the Town of Digby with the following conditions: 1. The Town of Digby will incur all costs of lighthouse transportation; 2. Digby and The City of Saint John will cost share the design and installation of a plaque commemorating the "journey, history and cooperation" of two Bay of Fund communities; 3. The Saint John Development Corporation work with the Town of Digby to coordinate the removal; and 4. An appropriate repatriation celebration be arranged. Question being taken, the motion was carried. 12. Business Matters- Municipal Officers 12.1 Common Clerk: Committee System Form of Governance On motion of Councillor Snook Seconded by Councillor McAlary RESOLVED that the proposal to move The City of Saint John towards the Committee System Form of Governance be rejected. Question being taken, the motion was carried. 12.2 Common Clerk: Scheduling of Priority Setting Session On motion of Councillor McAlary Seconded by Councillor Snook RESOLVED that Common Council cancel the priority setting session scheduled for Saturday, September 29th, 2012 and further that the City Manager be directed to provide a report to Council in one week's time with respect to options on scheduling the budget meetings and priority setting sessions. Question being taken, the motion was carried. 12.3 City Solicitor: Manawagonish Road Truck Route Traffic By -Law Amendment Consideration was given to a submitted report from the City Solicitor entitled Manawagonish Road Truck Route Traffic By -Law Amendment. On motion of Councillor McAlary Seconded by Councillor MacKenzie 75 97-328 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 24, 2012/LE 24 SEPTEMBRE 2012 RESOLVED that the by -law entitled, "A By -Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto," amending Schedule "K" — Truck Routes, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A By -Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto. On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the by -law entitled, "A By -Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto," amending Schedule "K" — Truck Routes, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A By -Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto. (Deputy Mayor Rinehart withdrew from the meeting) 12.4 Commissioner of Finance: 2012 Debenture Issue On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that: Whereas occasion having arisen in the public interest for the following public civic works and needed civic improvements, that is to say: GENERALFUND Protective Services $ 500,000 Transportation Services $ 6,500,000 Economic Development $ 3,000,000 Parks and Recreation $ 1,500,000 $ 11,500,000 WATER & SEWERAGE UTILITY Water System $ 1,000,000 Sewer System $ 7,500,000 $ 8,500,000 SAINT JOHN TRANSIT $ 4,500,000 TOTAL $ 24,500,000 1. Therefore be it resolved that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto to the amount of $24,500,000. 2. Commissioner of Finance be authorized to issue and to sell to the New Brunswick Municipal Finance Corporation (the "Corporation ") a City of Saint John bond or debenture in the principal amount of $24,500,000 at such terms and conditions as are recommended by the Corporation. 3. And further that the City of Saint John agrees to issue post -dated cheques to the Corporation, or other such arrangements as the Corporation may from time to time 76 97-329 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 24, 2012/LE 24 SEPTEMBRE 2012 accept, in payment of principal and interest charges on the above bond or debenture as and when they are required by the Corporation. 4. And further that the Commissioner of Finance be hereby authorized to receive an offer in connection with the foregoing debentures at a price not less than $98 per $100 of debenture, at interest rates not to exceed an average of 4.50% and at a term not to exceed 15 years for the issue related to the General Fund and not to exceed 20 years for the Water & Sewerage Utility. 5. And further that the Commissioner of Finance report to Common Council the exact values for price per $100 of debenture, interest rate and term in years, together with the date of the issue. Question being taken, the motion was carried. (Deputy Mayor Rinehart re- entered the meeting) 12.5 Commissioner of Finance: Pay & Display Parking Machine - Coin Selector Upgrade On motion of Councillor Merrithew Seconded by Councillor McAlary RESOLVED that as recommended by the Commissioner of Finance and Administrative Services in the report entitled Pay & Display Parking Machine - Coin Selector Upgrade that Common Council authorize the payment of $28,534.24 plus $3,709.45 HST, for the upgrade of 56 on- street pay and display parking machines as outlined in the quote submitted by Precise Parklink dated April 3, 2012. Question being taken, the motion was carried. 12.6 City Manager: Westfield Road Speed Limit On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -234: Westfield Road Speed Limit that Common Council: 1. Direct the City Solicitor to put in proper translated form an Amendment to the City's Traffic By -Law as follows: • Delete Westfield Road with limits Jct. Route 7 to Morna Dr. from Appendix A (Speed Limits on Provincial Highways) • Delete Westfield Road with limits Morna Dr. to Ketepec Rd. from Appendix A • Delete Westfield Road with limits Ketepec Rd. to Keating Rd. from Appendix A • Add Westfield Road with limits Bay Street to New North Road to Schedule M -1 (60 KM /H Speed Limits) Question being taken, the motion was carried. 12.7 City Manager: Provincially Designated Highways Proposed Five -Year Capital Improvement Program (2013 -2017) On motion of Councillor Farren Seconded by Councillor Snook RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -221: Provincially Designated Highways Proposed Five -Year Capital Improvement Program (2013 -2017) that Council: 1. Adopt the attached Provincially Designated Highways Five -Year Capital Improvements Program for the years 2013 -2017; and 2. Authorize the Mayor to submit the proposed Provincially Designated Highways Five Year Capital Improvements Program for the years 2013 -2017 to the Minister with copies to the Director of Design and the District Engineer for the New Brunswick Department of Transportation. 77 97-330 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 24, 2012/LE 24 SEPTEMBRE 2012 Question being taken, the motion was carried. 12.8 City Manager: Mispec Park Tender On motion of Councillor Merrithew Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -244: Mispec Park Tender that Common Council approve letting the Tender for Mispec Park in 2012, including the construction of a new gravel walkway to the beach and the installation of rip rap along the slope of the shoreline. Question being taken, the motion was carried. 12.9 City Manager: Listing of City Parcels as Wetland Restoration Inventory On motion of Councillor Snook Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -213: Listing of City Parcels as Wetland Restoration Inventory that Common Council resolve to register the following City owned parcels of land, PID Numbers 00429530, 42036, 55085492, and 299289, on the Department of Environment Wetland Restoration Inventory. Question being taken, the motion was carried. s5.14 Dr. M. Simon Letter — Public- Private Partnership with Gorman Arena and /or Lord Beaverbrook Arena (Recommendation: Refer to City Manager) On motion of Councillor McAlary Seconded by Councillor Snook RESOLVED that Item s5.14 Dr. M. Simon Letter — Public- Private Partnership with Gorman Arena and /or Lord Beaverbrook Arena (Recommendation: Refer to City Manager), be lifted from the table. Question being taken, the motion was carried. It was noted that this item was dealt with as part of the consent agenda. s11.4 Safe, Clean Drinking Water Funding (Mayor Norton) On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that Item s11.4 Safe, Clean Drinking Water Funding (Mayor Norton), be lifted from the table. Question being taken, the motion was carried. On motion of Councillor Farren Seconded by Councillor Strowbridge RESOLVED that the City Manager be directed to explore and report on potential sources for the City's share of the funding for the clean water project. Question being taken, the motion was carried. s12.10 City Manager: Third Reading of Saint John Dog Control By -Law and Service Agreement with SPCA Animal Rescue On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that Item s12.10 City Manager: Third Reading of Saint John Dog Control By -Law and Service Agreement with SPCA Animal Rescue, be lifted from the table. Question being taken, the motion was carried. to 97-331 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 24, 2012/LE 24 SEPTEMBRE 2012 Ms. Poffenroth made a presentation to Council with respect to dog control in The City of Saint John and an agreement between the City and the SPCA Animal Rescue, highlighting the major points in the report. On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the by -law entitled, "By -Law Number M -13, A By -Law Respecting the Control of Dogs in The City of Saint John," be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number M -13, A By -Law Respecting the Control of Dogs in The City of Saint John," was read in its entirety. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -248 entitled Third Reading of Saint John Dog Control By -Law and Service Agreement with SPCA Animal Rescue that Common Council authorize the Mayor and Common Clerk to execute the submitted agreement between The City of Saint John and Saint John Shelter Ltd. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the by -law entitled, "By -Law Number M -13, A By -Law Respecting the Control of Dogs in The City of Saint John," be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number M -13, A By -Law Respecting the Control of Dogs in The City of Saint John." 13. Committee Reports 13.1 Committee of the Whole: Viking Fire Protection (Mayor Norton withdrew from the meeting) (Deputy Mayor Rinehart assumed the Chair) On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the Committee of the Whole, having met on September 24th, 2012 Common Council authorize payment to Viking Fire Protection Inc. in the amount of $9,000 as the City's contribution towards an all in settlement of an action identified by Court of Queen's Bench of New Brunswick Claim No. S/SC/698/2011 subject to the execution of a Full and Final Release that is acceptable to the City Solicitor or his designate. Question being taken, the motion was carried. (Mayor Norton re- entered the meeting and assumed the Chair) 13.2 Committee of the Whole: Resignation of Building Inspector On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that as recommended by the Committee of the Whole, having met on September 24th, 2012, Common Council hereby accepts the submitted resignation of William Edwards from the position of Building Inspector effective immediately. Question being taken, the motion was carried. 13.3 Committee of the Whole: Appointment of Building Inspector 79 97-332 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 24, 2012/LE 24 SEPTEMBRE 2012 On motion of Councillor McAlary Seconded by Councillor Snook RESOLVED that as recommended by the Committee of the Whole, having met on September 24th, 2012, Common Council hereby appoints Amy Poffenroth to the position of Building Inspector pursuant to Section 74(5) of the Municipalities Act, effective immediately. Councillor Farren stated that while he supports Amy Poffenroth being appointed to the position, that he cannot support the Section 74 protection that goes with the appointment. Councillor MacKenzie stated that he cannot support the appointment because of the Section 74 protection that goes with the appointment. Councillor Strowbridge expressed concern with the Section 74 protection component. Councillor Fullerton also expressed concern with the Section 74 protection given to the position, given the financial concerns faced by the City. Responding to a question, Mr. Nugent advised that discussion involving specific contracts should be done in a closed committee session of Council. He explained that under the Municipalities Act, Section 74 provides that there are certain named positions subject to the stipulation that once appointed retains that position until he /she dies, retires or is dismissed for cause by two - thirds of Council. He added that the purpose of the provision is to protect the citizens to ensure that advice to a municipal council can be given independently and impartially, allowing the person to give their best advice whether or not they believe the advice will be accepted favorably. Mr. Nugent stated that it is designed entirely and exclusively to protect the citizens of the community. Question being taken, the motion was carried with Councillors Farren, Fullerton, MacKenzie and Strowbridge voting nay. 13.4 Committee of the Whole: Harbourfront Residences at Three Sisters On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that as recommended by the Committee of the Whole, having met on September 24th, 2012, the Mayor and Common Clerk be directed to execute the submitted easement and further; that Ellerdale Properties Limited be reimbursed 50% of the $11,096.99 (including HST) total cost incurred for power line relocation on Prince William Street and to forward 50% of any realized credits or savings for this work to Ellerdale Properties Limited. Question being taken, the motion was carried. 14. Consideration of Issues Separated from Consent Agenda 14.1 Cherry Brook Zoo 2013 Budget and Request to Present On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the Cherry Brook Zoo 2013 Budget and request to present be referred to budget deliberations. Question being taken, the motion was carried with Councillor Farren voting nay. 14.2 Multicultural Association of Saint John Inc. — Request for Free Space in a City -Owned Facility On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the Multicultural Association of Saint John Inc. — Request for Free Space in a City -Owned Facility, be referred to the City Manager. :1 97-333 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 24, 2012/LE 24 SEPTEMBRE 2012 Mr. Nugent explained that the no right of renewal provision does not mean the City and the tenant cannot mutually agree to renew the lease, adding that it means the tenant does not have the unilateral right to insist that the lease is renewed. Question being taken, the motion was carried. 15. General Correspondence 16. Adjournment On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the Common Council meeting of September 24th, 2012 be adjourned. Question being taken the motion was carried. The Mayor declared the meeting adjourned at 9:30 p.m. Mayor Common Clerk 97-334 COMMON COUNCIL / CONSEIL COMMUNAL SEPTEMBER 24, 2012/LE 24 SEPTEMBRE 2012 SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A L'HOTEL DE VILLE, LE 24 septembre 2012 A 18 H Sont presents : Mel Norton, maire la mairesse suppleante Rinehart et les conseillers Farren, MacKenzie, Merrithew, Norton, Snook et Strowbridge et les conseillbres Fullerton et McAlary -et - W. Edwards, commissaire aux services de transport et d'environnement /directeur general par interim; J. Nugent, avocat municipal; G. Yeomans, commissaire aux services financiers et administratifs; K. Forrest, commissaire aux services de developpement et de croissance; Tanya LeBlanc, sergent d'etat- major du Service de police; E. Gormley, greffibre communale et K. Tibbits, adjointe administrative. 1. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire Norton. Le reverend Wayne Murphy, pasteur de 1'Eglise baptiste Lancaster, recite la pribre d'ouverture. 2. Approbation du proces- verbal 2.1 Proces- verbal de la seance tenue le 27 aout 2012 Proposition de la conseillbre McAlary Appuyee par le conseiller MacKenzie RESOLU que le procbs- verbal de la seance du conseil communal tenue le 27 aout 2012 soit approuve. A I'issue du vote, la proposition est adoptee. 3. Adoption de I'ordre du jour Proposition de la conseillbre McAlary Appuyee par la mairesse suppleante Rinehart RESOLU que I'ordre du jour de la presente reunion soit adopte, moyennant le retrait du point 12.11 Directeur general : demande relative aux modifications apportees a 1'effectif — Gestion des installations et I'ajout des points 11.5 Phare echange (conseillere McAlary); 13.1 Comite plenier : Viking Fire Protection Inc.; 13.2 Comite plenier : demission de Finspecteur des batiments; 13.3 Comite plenier : nomination de 1'inspecteur des batiments; 13.4 Comite plenier : domaine Harbourfront Residences at Three Sisters. A I'issue du vote, la proposition est adoptee. 4. Divulgations de conflits d'interets 5. Questions soumises a I'approbation du conseil 5.1 Voir le point 14.1. 5.2 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -235: Plan SJ — Cengage Learning Inc. /Nelson Education Ltd. — Demande de permission, le conseil communal autorise le maire et la greffibre communale a signer la demande de permission de Cengage Learning Inc. /Nelson Education Ltd. ci- jointe, datee du 10 septembre 2012, autorisant ('utilisation de la couverture du Plan SJ dans le manuel Planning Canadian Communities. 5.3 Que, comme le recommande le rapport intitule M/C 2012 -238: Contrat no 2011- 33 : Installation de la conduite d'eau principale a la station de relevement no 32 du chemin Milford soit accepte a titre informatif. :. 97-335 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 24, 2012/LE 24 SEPTEMBRE 2012 5.4 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -237: Contrat no 2012-28: Inspection au sonar et par systeme de television en circuit ferme haute definition des aqueducs aeroportuaires, le contrat no 2012 -28 : relatif a ('inspection au sonar et par systeme de television en circuit ferme haute definition des aqueducs aeroportuaires soit accorde au soumissionnaire le moins - disant, All Sea Atlantic Ltd., au prix offert de 159 528,88 $ (TVH incluse), etabli a partir de quantites estimatives, et que, par ailleurs, le maire et la greffiere communale soient autorises a signer les documents contractuels afferents. 5.5 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -241 : Projet de contrat provisoire flexible visant la parcelle situee au 12, croissant Seaward: 1. The City of Saint John conclue un contrat avec Susan Grace Nason, conformement aux modalites et aux conditions stipulees dans la convention jointe au rapport (contrat no M/C 2012 -241); 2. le maire et la greffiere communale soient autorises a signer les documents contractuels necessaires. 5.6 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -247: Marche municipal de The City of Saint John — &al no u D » — Transfert des actions: 1. le conseil communal accorde son assentiment au transfert de toutes les actions detenues par la proprietaire actuelle de 1'entreprise A Whale of a Cafe Inc., Shelley Poirier, a Alice Jardine; 2. le maire et la greffiere communale soient autorises a signer I'acte de transfert. 5.7 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -245: Marche municipal de The City of Saint John — Location de 1'etal no 4: 1. le conseil communal approuve la location d'espace de I'etal no 4, situe au marche municipal, a Shawarma Hut Inc., conformement aux modalites et conditions precisees dans le bail joint au rapport M/C 2012 -24S; 2. le maire et la greffiere communale soient autorises a signer (edit bail. 5.8 Voir le point 14.2. 5.9 Que le rapport de verification et les etats financiers du 31 decembre 2011 de la Saint John Jeux Canada Games Foundation Inc. soient acceptes a titre informatif. 5.10 Que la Iettre de demission de Chris Titus de la Commission des transports de Saint John soit transmise au Comite des candidatures. 5.11 Que la grille de competences du Bureau des commissaires de la police de Saint John soit transmise au Comite des candidatures. 5.12 Que la Iettre du Bureau des commissaires de la police de Saint John a propos du signalement en ligne des crimes pour les citoyens soit acceptee a titre informatif. 5.13 Que, comme le recommande la greffiere communale dans le rapport soumis intitule Politique relative a la gestion de 1'information : Remplacer dans la version anglaise le terme « GARP v par le terme « The Principles)),, le conseil communal approuve la Politique relative a la gestion de ('information soumise revisee. 5.14 Que la Iettre de M. Simon concernant I'etablissement d'un partenariat public - prive entre I'arena Charles Gorman et I'arena Lord Beaverbrook soit transmise au directeur general. Proposition de la conseillere McAlary Appuyee par le conseiller Merrithew RESOLU que la recommandation formulee relativement a chacune des questions soumises a I'approbation du conseil, a 1'exclusion des points 5.1 Budget de 2013 et demande de presentation de la part du zoo Cherry 97-336 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 24, 2012/LE 24 SEPTEMBRE 2012 Brook et 5.8 Multicultural Association of Saint John Inc. — Demande d'espace gratuit dans une propriete de la Ville, qui ont ete selectionnes aux fins de discussion, soit adoptee. A Tissue du vote, la proposition est adoptee. Faisant reference au point 5.10 Lettre de demission de Chris Titus de la Commission des transports de Saint John, I'avocat municipal suggere que le conseil communal adopte une resolution precise acceptant la demission, afin de prendre une decision claire sur ce point. Proposition de la mairesse suppleante Rinehart Appuyee par la conseillere McAlary RESOLU que la demission de Chris Titus de la Commission des transports de Saint John soit acceptee. A Tissue du vote, la proposition est adoptee. 6. Commentaires presentes par les membres Les membres du conseil s'expriment sur diverses activites communautaires. 7. Proclamation 8. Delegations et presentations 8.1 Presentation sur I'avenue Douglas par Morgan Lanigan La proposition presentee par le conseiller Strowbridge et appuyee par le conseiller Merrithew a 1'effet de recevoir, a titre informatif, la presentation de Morgan Lanigan sur I'apaisement de la circulation est retiree par le proposeur et I'appuyeur. Proposition du conseiller MacKenzie Appuyee par le conseiller Farren RESOLU que Morgan Lanigan presente un rapport sur I'apaisement de la circulation sur I'avenue Douglas aux membres du conseil communal. A Tissue du vote, la proposition est adoptee. Le conseiller Snook vote contre la proposition. M. Lanigan presente au conseil communal une proposition de programme pilote d'apaisement de la circulation pour ('avenue Douglas et repond aux questions des membres du conseil. En reponse a une demande du conseil, M. Tim O'Reilly, gestionnaire des services pietonniers et des services de circulation, repond a des questions sur les politiques d'apaisement de la circulation dans The City of Saint John. (Le conseiller Merrithew quitte la seance.) (La conseillere Fullerton quitte la seance.) Proposition de la conseillere McAlary Appuyee par le conseiller Farren RESOLU que le rapport de M. Morgan Lanigan relativement a la proposition de programme pilote d'apaisement de la circulation pour I'avenue Douglas soit transmise au directeur general. A ('issue du vote, la proposition est adoptee. 9. Audiences publiques a 19 h 01 97-337 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 24, 2012/LE 24 SEPTEMBRE 2012 10. Etude des arretes municipaux 10.1a) Rapport du service Urbanisme et developpement — Rezonage propose visant le 80, chemin Kierstead 10.1 b) Troisibme lecture du projet de modification de I'Arrete de zonage visant le 80, chemin Kierstead 10.1c) Conditions imposees par I'article 39 Proposition du conseiller Snook Appuyee par le conseiller MacKenzie RESOLU que 1'arrete intitule «Arrete no C.P. 110- 201, modifiant I'Arrete de zonage de The City of Saint John », modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain d'une superficie approximative de 1 636 metres carres, situee au 80, chemin Kierstead et inscrite sous le NID 00413799, afin de faire passer la classification s'y rapportant de zone de parc d'industrie legere « 1 -3 » a zone de quartier a vocation collective « IL -1 », fasse ('objet dune lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule « Arrete no C.P. 110 -201 modifiant I'Arrete de zonage de The City of Saint John » est lu integralement. Proposition du conseiller Snook Appuyee par la conseillere McAlary RESOLU qu'en vertu des dispositions prevues a I'article 39 de la Loi sur 1'urbanisme, le projet d'utilisation d'une parcelle de terrain d'une superficie d'environ 1 636 metres carres, situee au 80, chemin Kierstead et inscrite sous le NID 00413799, soit assujetti aux conditions suivantes : d. que 1'etablissement de soins en groupe propose soit limite a un maximum de 14 residents; e. que la bordure de beton requise soit installee et que l'ingenieur- conseil du proprietaire verifie que le puisard et les rigoles de drainage ont ete construits conformement aux plans approuves; f. que le zonage de la propriete soit retabli au zonage anterieur si la demande d'etablissement de soins en groupe est rejetee par le ministbre du Developpement social provincial. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Snook Appuyee par la conseillere McAlary RESOLU que 1'arrete intitule a Arrete no C.P. 110 -201, modifiant I'Arrete de zonage de The City of Saint John », modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain d'une superficie approximative de 1 636 metres carres, situee au 80, chemin Kierstead et inscrite sous le NID 00413799, afin de faire passer la classification s'y rapportant de zone de parc d'industrie legbre « 1 -3 » a zone de quartier a vocation collective « IL- 1 », fasse I'objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisibme lecture par titre de I'arrbtb intitule « Arrete no C.P. 110 -201 modifiant I'Arrete de zonage de The City of Saint John ». 11. Interventions des membres du conseil 11.0 Examen exhaustif (maire Norton) (Le conseiller Merrithew se joint de nouveau a la reunion.) (La conseillere Fullerton se joint de nouveau a la reunion.) Proposition de la conseillere McAlary 97-338 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 24, 2012/LE 24 SEPTEMBRE 2012 Appuyee par le conseiller Farren RESOLU que le directeur general prenne des dispositions pour que les cadres superieurs effectuent un examen exhaustif confidentiel des membres du conseil, dont les resultats ne seront communiques qu'a la personne faisant ('objet de 1'examen et au maire, et que le conseil communal effectue un examen exhaustif du maire. A Tissue du vote, la proposition est adoptee. 11.1 Modification de I'Arrete no M -27 (conseiller Norton) Proposition du conseiller Norton Appuyee par le conseiller Merrithew RESOLU que le conseil demande a I'avocat municipal de modifier I'Arrete no M -27 afin d'y inclure le port obligatoire d'un casque de securite approuve et que la modification soit appelee I'arrete Josh. A Tissue du vote, la proposition est adoptee. M. Nugent, faisant reference a I'Arrete sur ('utilisation des planches a roulettes, mentionne que ('obligation du port du casque protecteur par les cyclistes n'ayant pas atteint la majorite est une exigence etablie par la Province du Nouveau - Brunswick en vertu de la Loi sur les vehicules a moteur, ajoutant que le droit ou non d'une municipalite de reglementer 1'equipement associe a ('usage de la planche a roulettes est une question qui devra titre etudiee. 11.2 Modification a I'arrete procedural (conseillere McAlary) Proposition de la conseillere McAlary Appuyee par le conseiller Snook RESOLU que le conseil communal modifie 1'arrete procedural au besoin, afin d'ajouter un numero permanent a la seance publique ordinaire pour les points a l'ordre du jour supplementaire, qui pourrait titre le numero 16, et que le conseil ajoute un autre numero permanent, qui pourrait titre le numero 17, pour les points des reunions du comite plenier et qu'il examine aussi 1'arrete procedural qui stipule que le conseil doit soumette les points de l'ordre du jour aux fins de discussion avant de les traiter. A ('issue du vote, la proposition est adoptee. 11.3 Voies reservees aux camions (conseiller MacKenzie) Proposition du conseiller MacKenzie Appuyee par la mairesse suppleante Rinehart RESOLU que le conseil demande au directeur general d'enqueter sur le retrait de la promenade Chesley et de ('avenue Douglas en tant que vois reservees aux camions. A ('issue du vote, la proposition est adoptee. 11.5 Phare echange (conseillere McAlary) Proposition de la conseillere McAlary Appuyee par la mairesse suppleante Rinehart RESOLU que le comite plenier recommande que le phare soit rendu a la ville de Digby aux conditions suivantes : 5. la ville de Digby prendra a sa charge tous les coots de transport du phare; 6. la ville de Digby et The City of Saint John partageront les coots de conception et d'installation d'une plaque commemorant « le parcours, I'histoire et la cooperation » des deux collectivites de la baie de Fundy; 7. la Saint John Development Corporation travaillera avec la ville de Digby pour coordonner le retrait du phare; 8. une celebration appropriee pour le retour du phare sera organisee. A ('issue du vote, la proposition est adoptee. 0 97-339 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 24, 2012/LE 24 SEPTEMBRE 2012 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Greffiere communale : Mode de gestion du systeme des comites Proposition du conseiller Snook Appuyee par la conseillere McAlary RESOLLI que la proposition visant a faire passer The City of Saint John au mode de gestion du systeme des comites soit rejetee. A Tissue du vote, la proposition est adoptee. 12.2 Greffiere communale : Calendrier des seances visant 1'etablissement de priorites Proposition de la conseillere McAlary Appuyee par le conseiller Snook RESOLLI que le conseil communal annule la seance d'etablissement des priorites prevue le samedi 29 septembre 2012 et que le directeur general soit charge de fournir un rapport au conseil, dans un delai d'une semaine, concernant les options d'organisation des reunions relatives au budget et des seances d'etablissement des priorites. A Tissue du vote, la proposition est adoptee. 12.3 Avocat municipal : Modification de I'Arrete relatif a la circulation sur les voies reservees aux camions sur le chemin Manawagonish On examine un rapport presente par I'avocat municipal intitule Modification de I'Arrete relatif a la circulation sur les voies reservees aux camions sur le chemin Manawagonish. Proposition de la conseillere McAlary Appuyee par le conseiller MacKenzie RESOLLI que 1'arrete intitule « Arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes », modifiant I'« annexe K » ayant pour titre Voies reservees aux camions, fasse I'objet d'une premiere lecture. A Tissue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes ». Proposition de la conseillere McAlary Appuyee par le conseiller Farren RESOLLI que 1'arrete intitule « Arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes », modifiant I'annexe K ayant pour titre Voies reservees aux camions, fasse l'objet d'une deuxieme lecture. A Tissue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant 1'arrete concernant la circulation dans les rues de The City of Saint John, edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes ». (La mairesse suppleante Rinehart quitte la seance.) 12.4 Commissaire aux finances : Emission d'obligations en 2012 Proposition de la conseillere McAlary Appuyee par le conseiller Merrithew RESOLU que : considerant la necessite, dans I'interet public, de proceder a 1'execution de travaux publics et d'apporter certaines ameliorations municipales, relativement aux elements enumeres ci- dessous : MN 97-340 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 24, 2012/LE 24 SEPTEMBRE 2012 FONDS D'ADMINISTRATION Services de protection 500 000 $ Services de transport 6 500 000 $ Developpement economique 3 000 000 $ Pares et loisirs 1 500 000 $ 11 500 000 $ RESEAU D'AQUEDUC ET D'EGOUTS Reseau d'aqueduc 1 000 000 $ Reseau d'egouts 7 500 000 $ 8 500 000 $ COMMISSION DES TRANSPORTS DE SAINT JOHN 4 500 000 $ TOTAL 24 500 000 $ 1. en consequence, it est resolu que soient emises des debentures en vertu des dispositions des lois de la Chambre d'assemblee, 52 Victoria, chapitre 27, article 29, et des modifications afferentes, pour la somme de 24 500 000 $; 2. que le commissaire aux finances soit autorise a emettre et a vendre a la Corporation de financement des municipalites du Nouveau - Brunswick (la « Corporation ))) une obligation ou une debenture de The City of Saint John au montant principal de 24 500 000 $ aux modalites et conditions recommandees par la Corporation; 3. en outre, que The City of Saint John accorde son assentiment a I'emission de cheques postdates au nom de la Corporation, ou a toute autre disposition que la Corporation peut accepter a tout moment, pour le paiement du principal et des interets relatifs a ('obligation ou a la debenture susmentionnee au moment requis et dans la forme exigee par la Corporation; 4. de plus, que le commissaire aux finances soit autorise, par les presentes, a accepter une offre, relativement aux debentures susmentionnees, a un tarif egal a au moins 98 $ pour 100 $ d'obligations, a un taux d'interet maximal de 4,50 % en moyenne et pour une duree maximale de 15 ans pour I'emission relative au fonds d'administration et une duree maximale de 20 ans pour le reseau d'aqueduc et d'egouts; 5. et, de plus, que le commissaire aux finances presente un rapport au conseil communal, indiquant la valeur exacte du tarif pour 100 $ en debentures, le taux d'interet, et la duree en annees, ainsi que la date d'emission. A I'issue du vote, la proposition est adoptee. (Le maire suppleant Rinehart est de nouveau present a la seance.) 12.5 Commissaire aux finances : Systeme de paiement a console d'affichage — Modernisation du selecteur de monnaie Proposition du conseiller Merrithew Appuyee par la conseillbre McAlary RESOLU que, comme le recommande le commissaire aux services financiers et administratifs dans le rapport dans le rapport intitule Systeme de paiement a console d'affichage — Modernisation du selecteur de monnaie, le conseil communal autorise le paiement d'une somme de 28 534,24 $ (TVH en sus) au montant de 3 709,45 $ pour la modernisation de 56 parcometres a systeme de paiement a console d'affichage, conformement au devis presente par Precise Parklink le 3 avril 2012. A I'issue du vote, la proposition est adoptee. 97-341 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 24, 2012/LE 24 SEPTEMBRE 2012 12.6 Directeur general : Limitation de vitesse sur le chemin Westfield Proposition de la mairesse suppleante Rinehart Appuyee par la conseillere McAlary RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -234 : Limite de vitesse sur le chemin Westfield, le conseil communal : 1. charge I'avocat municipal de presenter sous la forme appropriee et traduite une modification de I'Arrete relatif a la circulation de la Ville, comme suit • retirer de ('Annexe A (Limites de vitesse sur les routes provinciales) la portion du chemin Westfield comprise entre ('intersection avec la Route 7 et la promenade Morna; • retirer de ('Annexe A la portion du chemin Westfield comprise entre la promenade Morna et le chemin Ketepec; • retirer de ('Annexe A la portion du chemin Westfield comprise entre le chemin Ketepec et le chemin Keating; • ajouter a I'annexe M -1 (Limite de vitesse : 60 km /h) la portion du chemin Westfield comprise entre la rue Bay et le chemin New North. A ('issue du vote, la proposition est adoptee. 12.7 Directeur general : Routes provinciales designees — Programme quinquennal d'amelioration des immobilisations propose (2013 a 2017) Proposition du conseiller Farren Appuyee par le conseiller Snook RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -221 : Routes provinciales designees — Programme quinquennal d'amelioration des immobilisations propose (2013 a 2017), le conseil : 1. adopte le programme quinquennal d'amelioration des immobilisations relatif aux routes provinciales designees pour les annees 2013 a 2017 qui a ete presente; 2. autorise le maire a presenter le programme propose susmentionne au ministre, avec copie au directeur de la conception et a I'ingenieur de district du ministere des Transports du Nouveau - Brunswick. A ('issue du vote, la proposition est adoptee. 12.8 Directeur general : Soumission relative au parc Mispec Proposition du conseiller Merrithew Appuyee par la conseillere McAlary RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -244 : Soumission relative au parc Mispec, le conseil communal approuve I'emission de I'appel d'offres pour le parc Mispec en 2012, incluant la construction d'une nouvelle voie pietonnibre en gravier vers la plage et la pose d'un perre le long de la pente du littoral. A ('issue du vote, la proposition est adoptee. 12.9 Directeur general : Liste des parcelles figurant a I'inventaire de la restauration des zones humides Proposition du conseiller Snook Appuyee par la conseillere McAlary RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -213 : Liste des parcelles figurant a I'inventaire de la restauration des zones humides, le conseil communal decide d'enregistrer les parcelles suivantes, appartenant a la Ville et portant les NID 00429530, 42036, 55085492 et 299289, a I'inventaire de la restauration des zones humides du ministere de I'Environnement. 97-342 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 24, 2012/LE 24 SEPTEMBRE 2012 A ('issue du vote, la proposition est adoptee. s5.14 Lettre de M. Simon concernant I'etablissement d'un partenariat public -prive entre I'arena Charles Gorman et I'arena Lord Beaverbrook (recommandation : transmettre au directeur general) Proposition de la conseillere McAlary Appuyee par le conseiller Snook RESOLU que le point s5.14, Lettre de M. Simon concernant 1'etablissement d'un partenariat public -prive entre ('arena Charles Gorman et ('arena Lord Beaverbrook (recommendation : transmettre au directeur general), soit soumis aux fins de discussion. A ('issue du vote, la proposition est adoptee. II est souligne que ce point a ete traite dans le cadre des questions soumises a I'approbation du conseil. s11.4 Financement du Programme sur la salubrite et proprete de 1'eau potable (maire Norton) Proposition de la conseillere McAlary Appuyee par le conseiller Farren RESOLU que le point s11.4, Programme sur la salubrite et proprete de 1'eau potable ( maire Norton) soit soumis aux fins de discussion. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Farren Appuyee par le conseiller Strowbridge RESOLU que le directeur general soit charge d'explorer et de presenter les sources potentielles de financement pour la portion du financement du Programme sur la salubrite et proprete de 1'eau potable qui incombe a la Ville. A ('issue du vote, la proposition est adoptee. s12.10 Directeur general : troisieme lecture de I'arrete concernant le controle des chiens dans The City of Saint John et convention de services signee avec la SPCA Proposition de la mairesse suppleante Rinehart Appuyee par la conseillere McAlary RESOLU que le point s12.10 Directeur general Troisieme lecture de I'arrete concernant le controle des chiens dans The City of Saint John et convention de services signee avec la SPCA soit soumis aux fins de discussion. A ('issue du vote, la proposition est adoptee. Mme Poffenroth effectue une presentation devant conseil sur le controle des chiens dans The City of Saint John et sur la convention de services signee avec la SPCA et souligne les principaux points du rapport. Proposition de la mairesse suppleante Rinehart Appuyee par la conseillere McAlary RESOLU que I'arrete intitule « Arrete no M -13 concernant le controle des chiens dans The City of Saint John » fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule « Arrete no M -13 concernant le controle des chiens dans The City of Saint John » est lu integralement. Proposition de la conseillere McAlary Appuyee par la mairesse suppleante Rinehart .N 97-343 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 24, 2012/LE 24 SEPTEMBRE 2012 RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -248: Troisieme lecture de 1'arrete concernant le controle des chiens dans The City of Saint John et convention de services signee avec la SPCA, le conseil autorise le maire et la greffiere communale a signer 1'entente proposee entre The City of Saint John et Saint John Shelter Ltd. A Tissue du vote, la proposition est adoptee. Proposition de la conseillere McAlary Appuyee par le conseiller Merrithew RESOLU que I'arrete intitule « Arrete no M -13 concernant le controle des chiens dans The City of Saint John », fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A I'issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule « Arrete no M -13 concernant le controle des chiens dans The City of Saint John ». 13. Rapports deposes par les comites 13.1 Comite plenier : Viking Fire Protection Inc. (Le maire Norton quitte la seance.) (La mairesse suppleante Rinehart assume la presidence.) Proposition de la conseillere McAlary Appuyee par le conseiller Merrithew RESOLU que, comme le recommande le comite plenier, s'etant reuni le 24 septembre 2012, le conseil communal autorise le paiement a Viking Fire Protection Inc. de la somme de 9 000 $ a titre de contribution au reglement final et complet d'une action intentee devant la Cour du Banc de la Reine du Nouveau - Brunswick sous le no S/SC/698/2011, sous reserve de la signature d'une quittance finale et definitive acceptable par I'avocat municipal ou son representant. A I'issue du vote, la proposition est adoptee. (Le maire Norton reintegre la seance et en assume la presidence.) 13.2 Comite pienier : Demission de dinspecteur des batiments Proposition de la conseillere McAlary Appuyee par le conseiller Strowbridge RESOLU que, comme le recommande le comite plenier, s'etant reuni le 24 septembre 2012, le conseil communal accepte la demission de William Edward du poste d'inspecteur des batiments, avec prise d'effet immediate. A I'issue du vote, la proposition est adoptee. 13.3 Comite plenier : Nomination de I'inspecteur des batiments Proposition de la conseillere McAlary Appuyee par le conseiller Snook RESOLU que, comme le recommande le comite plenier, s'etant reuni le 24septembre 2012, le conseil communal nomme Amy Poffenroth au poste d'inspecteur des batiments, conformement au paragraphe 74(5) de la Loi sur les municipalites, avec prise d'effet immediate. Le conseiller Farren declare que bien qu'il appuie la nomination d'Amy Poffenroth au poste d'inspecteur des batiments, it ne peut pas appuyer la protection de I'article 74 qui accompagne la nomination. Le conseiller MacKenzie declare qu'il ne peut appuyer la nomination en raison de la protection de I'article 74 qui accompagne la nomination. Le conseiller Strowbridge exprime sa preoccupation relativement a 1'e1ement de protection accordee par I'article 74. 91 97-344 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 24, 2012/LE 24 SEPTEMBRE 2012 La conseillere Fullerton exprime aussi des preoccupations quant a la protection accordee par I'article 74, compte tenu des preoccupations financieres auxquelles est confrontee la Ville. En reponse a une question, M. Nugent indique que les discussions portant sur des contrats d'emploi specifiques devraient se tenir dans le cadre de seances a huis clos du conseil. II explique que ('article 74 de la Loi sur /es municipa/ites stipule que les titulaires de certains postes nommement designes, lorsqu'ils sont nommes, conservent ces postes jusqu'a leur deces, leur retraite ou leur renvoi pour un motif valable a la majorite des deux tiers des voix du conseil. II ajoute que cette disposition vise a proteger les citoyens et a faire en sorte que les avis donnes a un conseil municipal le soient en toute independance et impartialite, permettant ainsi a la personne de donner les conseils les plus avises, peu importe qu'elle croie que les conseils seront accueillis favorablement ou non. M. Nugent indique que cet article vise entierement et uniquement a proteger les citoyens de la collectivite. A ('issue du vote, la proposition est acceptee. Les conseillers Farren, MacKenzie et Strowbridge et la conseillere Fullerton votent contre la proposition. 13.4 Comite plenier : Domaine Harbourfront Residences at Three Sisters Proposition de la conseillere McAlary Appuyee par le conseiller Farren RESOLU que, comme le recommande le comite plenier, s'etant reuni le 24septembre 2012, le maire et la greffiere communale soient charges de signer I'acte de servitude presente et qu'Ellerdale Properties Limited soit remboursee a hauteur de 50 % du cout total de 11 096,99 $ (TVH incluse) engag6 pour le deplacement de la ligne electrique sur la rue Prince William. II est en outre resolu que 50 % des economies ou des credits realises dans le cadre de ce projet soient verses a Ellerdale Properties Limited. A ('issue du vote, la proposition est adoptee. 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 14.1 Budget de 2013 et demande de presentation du zoo Cherry Brook Proposition de la mairesse suppleante Rinehart Appuyee par la conseillere McAlary RESOLU que le budget de 2013 et la demande de presentation du zoo Cherry Brook soient transmis au directeur general aux fins de deliberations budgetaires. A ('issue du vote, la proposition est adoptee. Le conseiller Farren vote contre la proposition. 14.2 Multicultural Association of Saint John Inc. — Demande d'espace gratuit dans une propriete de la Ville Proposition de la conseillere McAlary Appuyee par le conseiller Farren RESOLU que la demande d'espace gratuit dans une propriete de la Ville presentee par Multicultural Association of Saint John Inc. soit transmise au directeur general. M. Nugent explique que la disposition d'absence de droit au renouvellement ne signifie pas que The City of Saint John et le locataire ne peuvent pas convenir mutuellement de renouveler le bail, ajoutant que cela signifie simplement que le locataire ne dispose pas du droit unilateral d'exiger que le bail soit renouvele. A ('issue du vote, la proposition est adoptee. 15. Correspondance generale 16. Levee de la seance Proposition de la mairesse suppl6ante Rinehart 92 levee. 97-345 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 24, 2012/LE 24 SEPTEMBRE 2012 Appuyee par la conseillere McAlary RESOLU que la seance du 24 septembre 2012 soit A Tissue du vote, la proposition est adoptee. Le maire declare que la seance est levee a 21 h 30. maire greffiere communale 93 The City of Saint John Mayor Mel Norton Mayor's Office Bureau du maire PROCLAMATION WHEREAS: Canada has been a world leader in innovation. From the invention of the telephone to the Canadarm, Canadians have helped change the way that the world works; and WHEREAS: Science and technology play a key role in our everyday lives. Nearly every aspect of what we do requires a basic knowledge of science and technology —a fact that we can easily take for granted; and WHEREAS: It is important to encourage youth to explore science and technology. Scientific and technological literacy are vital in shaping how we see our world — making us informed citizens. As well, with Canada's economy becoming increasingly knowledge- based, we must foster the next generation of skilled knowledge workers and innovators; and WHEREAS: National Science and Technology Week celebrates the significance of our country's scientific and technological history, the importance of science and technology in today's world, and Canada's ongoing role as a world leader in innovation. NOW THEREFORE: I, Mayor Mel Norton, of Saint John do hereby proclaim October 12 -21, 2012 as National Science and Technology Week in the City of Saint John and we invite you to join activities taking place in your community, and take a few moments to recognize the significance of science and technology in your life. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L9 I www.saintjohn.ca ----------- C.I? 1971 Saint John, N. -B. Canada E2L 4L1 REPORT TO COMMON COUNCIL October 9, 2012 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Common Council: SUBJECT: Financial Framework Presentation BACKGROUND 71 he city of Saint john On September 27 'j' Common Council adopted a schedule for Council Priority setting and key milestones for the 2013 budget process. This process involves Council approval of four budgets including the general operating and capital budgets and the utility operating and capital budgets. Attached in calendar format are key dates established by Council for the process (Attachment A). As requested by Council the special meeting dates for the Council priority sessions have been sent as meeting requests in Council's calendars. The budget schedule anticipated a presentation to Council on October 9h to provide an overview of the financial framework for the 2013 budget process. ANALYSIS On Tuesday evening October 9b, staff will deliver a presentation to Council on the financial outlook and proposed framework for the budget process. The intention is to review with Council and the public the budget process, the City's financial outlook, key assumptions related to revenue, expenditures and various factors influencing the 2013 budget process. This will be an interactive presentation to seek direction from Council on the budget process and financial parameters for the budget. Copies of the presentation will be provided to Council on Tuesday evening as not all data was available at the time of the Council package deadline. FINANCIAL IMPLICATIONS None. 95 SUBJECT: Financial Framework Presentation Page 2 October 9, 2012 RECOMMENDATIONS It is recommended that Common Council receive a presentation on the Financial Framework for the 2013 budget process. Attachment A: Calendar Format of Budget Process • .. - Monday Tuesday Wednesday Thursday Friday Saturday 8 9 10 11 12 13 Draft Utility Capital Financial Framework Council Priorities Council Priorities Budget (Council Meeting) Setting the Context Defining Outcomes (Council Meeting) Ludlow Room Interpretation Centre 12 13 14 15 8`h Floor City Hall Rockwood Park 19 20 21 22 (4 PM - 7 PM) (9 AM - 2 PM) 15 16 17 18 19 20 22 23 24 25 26 27 Draft General Capital Council Priorities Budget Confirming Outcomes (Council Meeting) UNBSJ — 26 Hans W Klohn Rm 107 28 29 30 Core Service (6 PM - 9 PM) 29 30 31 November 1 2 3 Council Priorities Approval / Sign -Off (Council Meeting — Could be Nov 5) t - Monday Tuesday Wednesday Thursday Friday Saturday 5 6 7 8 9 10 Draft Utility Capital Budget (Council Meeting) 12 13 14 15 16 17 19 20 21 22 23 24 Utility Capital Budget Approval Draft General Capital Budget (Council Meeting) 26 27 28 29 30 Core Service Review Results Draft Utility Operating Budget (Council Meeting) Council's Priority Setting Budget Process Key Milestones 97 Calendar Format of Budget Process (Continued) .- - •- Monday Tuesday Wednesday Thursday Friday Saturday 3 4 5 6 7 8 General Capital Budget Approval Draft General Operating Budget (Council Meeting) 10 11 12 13 14 15 Utility Operating Budget Approval (Council Meeting) 17 18 19 20 21 22 General Operating Budget Approval M October 3, 2012 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Parking On Douglas Avenue Parking on Douglas Avenue has been an ongoing issue over the last couple of years. Presently there is a no parking zone in the front of Harbourview High School. This has been done in part for the safety of the students who attend that cross the street to catch the bus. The down side to this is that the residents there don't have any place to park. Some have lost renters because of not having a parking place. The compromise as I see it would be to allow parking between 9am and 3pm and 5 pm til 7am. From what I am hearing this compromise will be a win -win for the Students safety and the residence to have some parking rights. I believe if Plan SJ is going to work we need to attract people to the core area by addressing these concerns. Motion: That Council direct the City Manager to have the parking signs on Douglas Avenue by Harbourview High School changed to reflect that parking will be permitted only between 9am - 3pm and 5pm - 7am. Respectfully Submitted, (Received via email) John MacKenzie, Councillor —Ward 2 City of Saint John SAINT JOHN P.O. Box 1971 Saint john, NB Canada E21L 4LI I www.saingohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1 .. a. October 4, 2012 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Animal Control By -Law Whereas the Municipalities Act for the Province of NB does not presently allow for municipalities to issue tickets for violations of a Municipal Animal Control By -Law, Motion: Be it resolved that the City of Saint John send a letter to the MLAs for the greater Saint John area and the Premier of NB asking for changes in the Act to allow for the issuance of tickets by the municipalities for violations of Municipal Animal Control By -Laws and further send a letter to the other municipalities in NB asking them to do the same. Respectfully Submitted, (Received via email) John MacKenzie, Councillor —Ward 2 City of Saint John �r SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1 100 c,. t October 3, 2012 His Worship Mayor Norton and Members of Common Council Your Worship and Members of Council: Subject: Scheduling a Committee of the Whole meeting A Committee of the Whole meeting was held to discuss a personnel matter on September 26, 2012 in closed session, according to sections 10.2(4)(b)(j) of the Municipalities Act, and a follow up meeting is required. Recommendation: That Council schedule a Committee of the Whole meeting on Thursday, October 11th, 2012 at 7:00 a.m. Respectfully Submitted, Elizabeth Gormley Common Clerk SAINT JOHN PO. Box 1971 Saint john, NB Canada E2L 41-1 ' vwvw.sairttJohn.ca C.P 1971 Saint John, N.-B. Canada E2L 40 101 M &C -2012 -254 September 28, 2012 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date 317 City Line and 290 Ludlow Street BACKGROUND: r4l, City of Saint John As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. Details of the applications are available in the Common Clerk's office and will form part of the documentation presented at the public hearings. The following applications have been received. Name of Location Existing Proposed Reason Applicant Zone Zone Serge Ethier 317 City Line "R -2" "RA" To permit a four - family dwelling in the existing building 664638 N.B. 290 Ludlow Street Ltd. 44RM -1" & "B -2" & To permit the 4613-2" Sec. 39 former Legion Amendment to be used as a facility for cor- porate meetings, professional gatherings, semi- nars, weddings and bingo, including on -site catering with a liquor licence 102 M & C-2012 — 254 - 2 - September 28, 2012 RECOMMENDATION: That Common Council schedule the public hearings for the rezoning and Section 39 amendment applications of Serge Ethier (317 City Line) and 664638 N.B. Ltd. (290 Ludlow Street) for Monday, November 5, 2012 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for a report and recommendation. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development i J.`Patrick Woods, CGA City Manager 103 REPORT TO COMMON COUNCIL M &C- 2012 -259 3 October, 2012 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Millidgeville Wastewater Treatment Facility — Energy Retrofit Phase 1 BACKGROUND: In 2009, the City of Saint John (COSJ) completed a detailed energy audit of all wastewater and water facilities (47 facilities), including the Millidgeville Wastewater Treatment Facility (MWWTF). The purpose of the audit was to identify potential energy saving opportunities, estimate the energy savings and determine the potential return on investment of the recommended system improvements. Furthermore, a more detailed energy analysis was conducted on the HVAC, lights and process systems at MWWTF. Based on the information provided by the detailed energy audits, staff developed a five year energy management plan for each of the 47 facilities. The plan identified all possible Energy Conservation Measures (ECM) and the associated energy savings for each of the measures. The measures were prioritized based on the return on investment (mainly payback periods) and other risks that may impact the operations of the facilities. The ultimate goal of the energy management plans is to reduce the total annual energy of all the facilities by 25 percent over a five year period. Seventy -five percent of the cost of the energy audits was funded by the Federation of Canadian Municipalities (FCM) under the Green Municipal Fund (GMF) and Efficiency New Brunswick. In 2011, the City of Saint John proceeded with the implementation of the energy management plan at Lancaster Lagoon Wastewater treatment facility. Actual annual energy savings after the implementation of these measures was determined to be over $55,000. 104 M &C -259 Page Two Background Cont'd... The energy management plan at MWWTF consists of two phases: Phase 1 ➢ Heating Ventilation and Air Conditioning (HVAC) upgrade ➢ Metering ➢ Light Retrofit ➢ Installation of Energy Management Control System (EMCS) Phase 2 ➢ Installation of Variable Frequency Drives (VFDs) on the blowers and Bio Cell pumps to help reduce and control the amount of power consumed by each motor The implementation of the energy retrofit phase 1 will result in the following benefits: ➢ Estimated annual energy savings of $35,000 ➢ Estimated annual greenhouse gas emissions reduction of 330 Tons of CO2 ➢ Improve indoor air quality in the facility ➢ Reduce annual HVAC and light operating maintenance cost due to increase of the rated life of the new lighting systems and replacement of old HVAC equipment ANALYSIS: A Request for Proposal (RFP) was issued on August 3, 2012 to solicit the market place for vendors qualified to complete Phase I. One (1) response was received as follows: Controls and Equipment Saint John, NB A proposal evaluation committee, consisting of representatives from Energy Management, Saint John Water and Materials Management reviewed the submission against the following evaluation criteria: ➢ Quality and completeness of submission ➢ Proponent Profile ➢ Proponent qualifications and relevant experience ➢ Proponent availability ➢ Methodology ➢ Quality ➢ Value -added ➢ Cost 105 M &C -259 Page Two Background Cont'd... In accordance with the City's policies and procedures, assessments of the technical and financial aspects of the submissions were undertaken by the evaluation team members. Upon completion of the technical and financial proposal reviews, the evaluation committee unanimously agreed that the proposal from Controls and Equipment fully encompasses the proposed Scope of Work and represents a good and fair value to the City of Saint John. FINANCIAL IMPLICATIONS: If awarded as recommended, the total cost to the City of Saint John for the completion of phase I of the energy retrofit at the Millidgeville Waste Water Treatment Facility will be $183,466 plus HST. The City of Saint John will receive incentives for the implementation of the project, in the amount of $40,000 from Efficiency New Brunswick which will offset this expenditure. This project has an expected payback period of four (4) years. This is a planned expenditure for which funds were included in the 2011 Saint John Water capital budget. Funds have been carried forward to the 2012 Saint John Water capital budget. RECOMMENDATION: It is recommended that the proposal for the implementation of phase I of the energy retrofit at the Millidgeville Waste Water Treatment Facility as submitted by Controls and Equipment in the amount of $183,466 plus HST be accepted. Respectfully submitted, Cindy Calvin Acting Manager - Materials Management Patrick Woods City Manager 106 Gregory Yeomans Commissioner of Finance REPORT TO COMMON COUNCIL M &C2012 -251 September 27, 2012 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Feasibility Study Agreement — HDS Energy and Ecosystems NB, Ltd. BACKGROUND 71n 47 The City of Saint John In the fall of 2011, HDS International (HDS) approached Saint John Water with a proposal to enter into a partnership with the potential of reducing Saint John Water's operational expenses and generate revenue for the utility. HDS is a renewable energy and eco- sustainability solutions company with a goal of operating a subsidiary company HDS Energy and Ecosystems NB, LTD in New Brunswick. HDS is seeking a location in New Brunswick to build an algae / carbon dioxide biosequestration and green power generation operation. Through discussions with Saint John Water, HDS identified the Lancaster Wastewater Treatment Facility as potential location for this green energy project. Wastewater can be a rich source of nutrients required for algae growth. In addition to nutrients, the Lancaster facility has a large polishing pond that could accommodate the algae growing apparatus and harvesting operation. HDS has patented technology to capture carbon dioxide (CO2) from smokestack emissions utilizing a sponge -like absorbent gel. The impregnated absorbent acts as a medium to transfer carbon into an algae growing operation under controlled conditions. The objective would be to achieve a rate of algae production three times greater than that achieved by current methods. Algae is considered an excellent source material for biodiesel, protein for agriculture and feeds. Algae production would be a key element in the proposed closed -loop system. The key piece of infrastructure for the project would be an anaerobic digester which breaks down waste materials such as wastewater biosolids and sludge, algae and other biomass (food waste, manure, etc.) creating methane gas. The methane gas would be used to fuel turbine- driven generators. Surplus electrical energy produced could be sold to the grid, generating revenue for the operation. Carbon released in the combustion waste gas would be absorbed and delivered to the algae growth platform to boost production. Much of the algae harvest would be fed into the anaerobic digester as biomass, thereby completing the loop. The remainder could potentially be processed into other marketable products on -site by HDS. If HDS constructs this green energy project on property adjacent to the Lancaster Wastewater Treatment Facility, the anaerobic digester would draw sludge directly from raw wastewater 107 M &C2012 -251 Page 2 September 27, 2012 before it enters the treatment lagoon. The removal of sludge prior to entering the treatment process would significantly reduce the lagoon's solids load, thereby freeing up treatment capacity and would reduce the energy required to maintain a healthy oxygen level in the lagoon. The disposal of biosolids generated during wastewater treatment at all three of the City's major treatment facilities represents a significant expense to Saint John Water. All biosolids are transported to an approved composting facility for processing which results in operating expenses per tonne for biosolids processing. In addition to the processing fees there is the increasing cost to haul the material from the Saint John Water facilities to the composting facility. Treating biosolids as fuel for anaerobic digestion changes the material from an operating expense to a potential revenue generator. All costs associated with preliminary work, design, permitting and construction will be borne by HDS. HDS would also operate the anaerobic digester, carbon capture, algae production, sludge removal and power generation facilities and would be responsible for all operating and capital expenses. The operation would be completely independent of Saint John Water. The Lancaster facility would retain the ability to perform its wastewater treatment function and meet the conditions of its Approval to Operate. This project requires further investigation into the viability and is going to require a significant commitment of HDS resources. This investigative work will include design work by engineering consultants, negotiations with third parties such as energy utilities and environmental permitting with Provincial and Federal regulating agencies. The project's business case will be updated and reviewed regularly as more detailed information becomes available. The due diligence work or Feasibility Study phase of the project would be entirely at HDS's expense. The City's obligation being considered in this report would be limited to contributing staff time where necessary to assist in portions of the work that impact Saint John Water operations. A feasibility study which is attached hereto has been drafted by the City's legal staff that defines the City's support in principle to allow HDS to conduct their feasibility study while retaining the City's right to terminate the City's involvement without penalty. In theory, HDS's proposal addresses three topics of ongoing importance to Saint John Water: operating expenses, treatment capacity and revenue generation. 1. Operating expenses would be lowered by eliminating the per -tonne biosolids disposal fees and significantly reducing the cost of hauling biosolids to the compost facility. 2. By reducing the solids loading on the Lancaster facility, the lagoon will gain treatment capacity to accommodate future customer volume. A reduced loading will also improve treatment performance and cut energy costs associated with maintaining the treatment process. 3. This green energy project would be constructed on City land adjacent to the Lancaster Wastewater Treatment Facility. Subject to negotiated agreements, the project could also generate revenue through leasing fees, sale of energy or fees collected for biomass disposal by third parties. 1: M &C2012 -251 Page 3 September 27, 2012 Conversion of biosolids to energy is one of the more popular waste -to- energy solutions currently being implemented in the wastewater treatment community. The knowledge that will be gained by Saint John Water during the feasibility study conducted by HDS will be beneficial. Staff is of the opinion there are immediate benefits and the potential for substantial future returns to be gained by supporting HDS Energy and Ecosystems NB, Ltd. by allowing the company to conduct a feasibility study for this green energy project at their expense. RECOMMENDATION RESOLVED that the Mayor and Common Clerk be authorized to sign the attached Feasibility Study Agreement. Respectfully submitted, Kendall Mason, P. Eng., PMP Deputy Commissioner, Saint John Water Wm. Edwards, P. Eng. Commissioner Transportation and Environment 109 J. Patrick Woods, CGA City Manager THIS FEASIBILITY STUDY AGREEMENT made in triplicate this day of , 2012 (the "Effective Date ") BETWEEN: THE CITY OF SAINT JOHN, having its offices at the City Hall Building at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "City" OF THE FIRST PART - and - HDS ENERGY AND ECOSYSTEMS NB, LTD., a duly incorporated corporation under the laws of the Province of New Brunswick, having its registered office in Saint John, New Brunswick, hereinafter called "the Consultant" OF THE SECOND PART WHEREAS the Consultant wishes to pursue a Project for a turnkey installation of an anaerobic digester facility to operate in conjunction with the Lancaster Wastewater Treatment Facility in order to generate renewable electric power from biodegradable materials; AND WHEREAS the City shall make available to the Consultant the Lancaster Wastewater Treatment Facility, the Lands, and City employees, so it may prepare a Feasibility Study regarding the Project; AND WHEREAS the Common Council on 2012 resolved that: (a) Resolved that the Mayor and Common Clerk be authorized to sign the attached feasibility Study Agreement. (b) That the Mayor and Common Clerk be authorized to sign any required agreement documents. October 1, 2012 110 -2- NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements herein and subject to the terms and conditions set out in this Agreement, the Parties agree as follows: 1.1 Definitions The terms defined in this section 1.1 shall for all purposes of this Agreement have the meanings specified unless the context otherwise specifies or requires: (a) Affiliate means any Person that directly or indirectly controls, is controlled by, or is under common control with any Party hereto. (b) Agreement means this Agreement and all accompanying Schedules. (c) Applicable Laws means all applicable requirements, laws, statutes, codes, acts, ordinances, orders, decrees, by -laws, rules, regulations, permits, licenses, authorisations, directions, and agreements with all Governmental Authorities that now or at any time hereafter may be applicable to either this Agreement or the terms and conditions or any part of them set out in this Agreement; and Applicable Law means any one of them. (d) Approval and similar expressions means approved or consented by the City unless otherwise provided herein. (d) Business Days means any day of the week, Monday to Friday, including statutory holiday under the laws of Canada or the Province of New Brunswick or a civic holiday proclaimed by the City. (e) CAD means Canadian dollar. (f) Cause has the meaning ascribed thereto in subsection 6.1.1. (g) Change in Law means the coming into effect or repeal (without re- enactment or consolidation) in New Brunswick of any Applicable Laws, or any amendment or variation of any Applicable Laws, including any judgment of a relevant court of law, board, arbitrator or administrative tribunal, which changes binding precedent in New Brunswick in each case after the date of this Agreement. (h) City means The City of Saint John. (i) City Address means City Hall Building, 15 Market Square, P.O. Box 1971, Saint John, New Brunswick, E2L 4L1, Telephone 506.658.2862, Fax 506.674.4214. (j) City Manager means the city manager of the City or his designate appointed by resolution of Common Council. October 1, 2012 111 -3- (k) Claims means any actual or threatened loss, liability, cost, charge, interest, claim, demand, allegation, action, cause of action, proceeding, suit, assessment, reassessment, proposed assessment or reassessment, damage, demand, expense, levy, tax, duty, judgment, award, fine, charge, deficiency, penalty, court proceeding or hearing cost, amount paid in settlement, encumbrance, and /or tangible and intangible property right (including all costs and expenses relating to the foregoing, including legal and other professional adviser and expert fees and expenses), and whether arising by contract, agreement, at common or statute law, in tort (including negligence and strict liability), in equity, in property or otherwise of any kind or character howsoever, and howsoever arising; and Claim means any one of them. (1) Common Clerk means the common clerk of the City or her designate appointed by resolution by Common Council. (m) Common Council means the elected municipal council of the City. (n) Confidential Information means information disclosed to or obtained by a Party in connection with the fulfillment of the terms and conditions of this Agreement and which has been identified by the disclosing Party as information which should be treated as confidential and shall be as defined in section 8.1. (o) Consultant means HDS Energy and Ecosystems NB, Ltd. (p) Consultant Address means 10 Dorrance Street, Suite 700, Providence, Rhode Island, United States, 02903, Telephone 401.400.0028, Fax 888.501.2280. (q) Consultant Representative means the person designated by the Consultant with duly vested authority to act on behalf of the Consultant. (r) Digester means the anaerobic digester facility to operate in conjunction with the Lancaster Wastewater Treatment Facility in order to generate renewable electric power, to be located on the Neighbouring Lancaster Wastewater Lands. (s) Dispute means any dispute, controversy, Claim, disagreement or failure to agree arising out of, in connection with, or relating to the interpretation, performance or application of the Agreement; and Disputes shall have a corresponding meaning. (t) Existing Infrastructure means buildings, underground piping and electrical conduits, roadways, fencing and any other equipment, whether the property October 1, 2012 112 -4- of the City or a third party, that exists prior to the Effective Date of this Agreement. (u) Feasibility Study means the feasibility study which will gather Information and detailed budgetary data to judge the feasibility as to costs required, value to be attained, sustainability and approval by environmental and other Governmental Authorities with respect to the Project and /or any other study regarding the Project implementation. (v) Force Majeure Event or Force Majeure means the occurrence after the Effective Date of this Agreement of any circumstance, occurrence or event beyond the reasonable control of a Party to the extent such cannot be prevented or mitigated by the affected Party, including, without limitation, any of the following: A. Civil war, armed conflict, warlike operation or terrorism, acts of foreign enemies, hostilities, invasion, prisoners riots, rebellion, military or usurped power; B. Nuclear or radioactive contamination of the Lancaster Wastewater Lands and /or the Neighbouring Lancaster Wastewater Lands; C. Chemical or biological contamination of the Lancaster Wastewater Lands and /or the Neighbouring Lancaster Wastewater Lands from any event referred to in item (A) of this definition; or D. A Change in Law, which directly causes either Party to be unable to comply with or perform all or a material part of its obligations under this Agreement, despite the reasonable efforts of the Party claiming Force Majeure to prevent its occurrence or mitigate its effects; provided always that such circumstances, occurrence or event does not arise by reason of: the negligence or any misconduct of the Party claiming Force Majeure; ii. any act or omission of the Party claiming Force Majeure in breach of the provisions of this Agreement; or iii. the lack or insufficiency of funds or failure to make payment of monies or provide required security. (w) Governmental Authorities means each national, federal, provincial, municipal, local or other government, each governmental, regulatory, administrative, judicial, quasi - judicial or other agency, body, department, corporation, authority, commission, instrumentality, regulatory body, board, October 1, 2012 113 -5- panel, court, arbitrator or other entity and any successor thereto, exercising executive, legislative, judicial, quasi - judicial, taxing, regulatory or administrative powers or functions of or pertaining to government or judiciary, and each private regulatory entity, self - regulatory organization or other similar Person having jurisdiction or purporting to have jurisdiction (in whole or in part), in Canada and in any other relevant jurisdiction, in respect of the Parties, the Agreement (including the operation thereof, or any part, component or system thereof); and Governmental Authority has a corresponding meaning. (x) Incompetence has the meaning ascribed thereto in subsection 6.1.1. (y) Information means all data, site surveys, preliminary investigations, preliminary designs, design reports with cost estimates, detailed designs, record drawings in digital and hard copy format, plans in digital and hard copy format, public consultation process data or reports, construction management and inspection services data or reports, and other materials developed in pursuance of the Project. (z) Lancaster Wastewater Lands means those lands identified as such on Schedule 1, as Parcel Identifier 403733. (aa) Lancaster Wastewater Treatment Facility means those real and personal properties located on the Lancaster Wastewater Lands. (bb) Lands means the Lancaster Wastewater Lands and Neighbouring Lancaster Wastewater Lands, respectively. (cc) Neighbouring Lancaster Wastewater Lands means those lands identified as such on Schedule 2, as Parcel Identifier 55031611. (dd) Parties means the City and the Consultant, respectively; and Party individually means the City and the Consultant. (ee) Person means any individual, corporation, firm, partnership, joint venture, trust, unincorporated organization, commission, board, Governmental Authority, unincorporated body of persons or association and any other entity having legal capacity, and the heirs, beneficiaries, executors, administrators or other legal representatives of a Person in such capacity; and Persons means any one of them. (ff) Project means the work to be performed to prepare a Feasibility Study for a turnkey Digester installation to operate in conjunction with the Lancaster Wastewater Treatment Facility in order to generate renewable electric power from biodegradable material. October 1, 2012 114 M (gg) Saint John Water means the water and wastewater utility owned by the City. (hh) Schedules means the following schedules attached to and forming an integral part of this Agreement: A. Schedule 1 - Lancaster Wastewater Lands; and B. Schedule 2 - Neighbouring Lancaster Wastewater Lands. (gg) Term has the meaning ascribed thereto in section 3.1. 1.2 No Indemnities from the City 1.2.1 Notwithstanding anything else in this Agreement, any express or implied reference to the City providing an indemnity or incurring any other form of indebtedness or contingent liability that would directly or indirectly increase the indebtedness or contingent liabilities of the City, whether at the time of execution of this Agreement or at any time during the Term of this Agreement, shall be void and of no legal effect. 1.3 Entire Agreement 1.3.1 This Agreement embodies the entire agreement between the Parties and supersedes any prior understanding or agreement between the Parties relating to the subject matter hereof and in existence at the Effective Date of this Agreement. 1.3.2 The Parties agree that in entering into this Agreement they have not relied upon any oral or written agreements, representations, warranties, promises, information, or understandings, express or implied, not specifically set forth in this Agreement. 1.4 Severabilitv 1.4.1 If any term or condition of this Agreement, or the application thereof to the Parties or to any Persons or circumstances, is to any extent invalid or unenforceable, the remainder of this Agreement, and the application of such term or condition to the Parties, Persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby. 1.5 Priority of Documents 1.5.1 In the event of a conflict or inconsistency between any provisions in this Agreement and the Schedules, the main body of this Agreement shall govern over the Schedules to this Agreement. 1.6 Conflict with Laws October 1, 2012 115 -7- 1.6.1 For greater certainty, in the event of a conflict or inconsistency between any provisions of this Agreement and any Applicable Laws, the Applicable Laws shall govern and prevail to the extent of such conflict or inconsistency. 1.7 Headings and Grammatical Variations 1.7.1 The division of this Agreement into sections, subsections, paragraphs and subparagraphs and the insertion of headings are for convenience of reference only, and shall not affect the construction or interpretation of this Agreement. 1.7.2 In this Agreement, grammatical variations of any defined terms shall, unless the context otherwise requires, have similar meanings to such defined terms, words denoting the singular include the plural and vice versa, and words denoting any gender include all genders. 1.8 Notices 1.8.1 Notices shall be in writing and shall be delivered by courier, personal delivery or facsimile and shall be addressed to, in the case of service upon the Consultant, the Consultant Address to the attention of the Consultant Representative or, in the case of service upon the City, to the City Address to the attention of the Common Clerk. 1.8.2 Notices shall be deemed to have been given in the case of courier, personal delivery or facsimile, one (1) calendar day after such notice is received by the other Party. In the event of a courier disruption, notices must be given by personal delivery or by facsimile. Unless the Parties expressly agree in writing to additional methods of notice, notices may only be provided by the methods contemplated in this paragraph. 1.9 Governing Law 1.9.1 This Agreement shall be governed by and construed in accordance with the laws of the Province of New Brunswick and the federal laws of Canada applicable therein. 1.10 Modifications and Amendments 1.10.1 This Agreement may not be modified or amended except by an instrument in writing signed by the Parties hereto or by their successors or permitted assigns. 1.11 Enurement 1.11.1 This Agreement shall extend to, be binding upon and enure to the benefit of the Parties and their respective successors and permitted assigns. 2.1 General October 1, 2012 116 2.1.1 The City hereby agrees to provide the Consultant with all necessary documents, information, and access to the Lancaster Wastewater Treatment Facility, the Lancaster Wastewater Lands, the Neighbouring Lancaster Wastewater Lands and City employees, so it may proceed with the preparation of a Feasibility Study for the potential installation of a Digester. 3.1 Term 3.1.1 The Term of this Agreement commences on the Effective Date and shall terminate upon the completion of the Feasibility Study. 4.1 Consultant's Responsibilities 4.1.1 The Consultant shall perform the Feasibility Study as set out in this Agreement, which includes, but is not limited to: (a) Provide a historical background of the Project; (b) Provide a description of the product or service which will result from the Project; (c) Provide details of the operations and management for the Project; (d) Provide a preliminary design of Digester and associated new infrastructure as well as a preliminary design of modifications or additions to Existing Infrastructure; (e) Detailed forecast of project capital costs and operating expenses; (f) Study of available biomass sources throughout region to include volumes and availability; (g) Details of proposed mechanism, be it bonds, insurance or other, to eliminate risk of financial burden to City; (h) Detailed marketing research and policies for the Project; (i) Detailed legal requirements and tax obligations for the Project; (j) Detailed of permits, approvals and agreements with third parties for the Project; (k) Project proposed timeline including milestones; and October 1, 2012 117 M (1) Detailed economic benefits analysis, including employment, carbon credits or other. 4.1.2 The Consultant shall perform the Feasibility Study under the general direction and control of Saint John Water and with all due and reasonable diligence, professional skills and competence. 5.1 Expenses 5.1.1 The City shall be responsible for and bear all of its own costs and expenses, including without limitation, the expenses of City employees, incurred at any time in connection with this Agreement. 5.1.2 The Consultant shall be responsible for and bear all of its own costs and expenses, including without limitation, the expenses of the Consultant's employees and sub - consultants, Feasibility Study, and /or any other direct or indirect expenses incurred or to be incurred at any time in connection with this Agreement. 5.1.3 Should the Parties agree to prepare certain materials relating to the Project that shall require out -of- pocket expenses (not including those expenses of each Party's employees and /or sub - consultants), including expenses that may be associated with the Feasibility Study, environmental impact assessment, value engineering review, engineering plan, budget documentation and /or other similar materials, the Consultant shall be responsible for any such costs; provided, however, that the City shall contribute whatever it can to the preparation of such materials through internal means. For certainty, the City shall only be responsible for the expenses associated with the salaries of City employees and any existing documents or information relating to the Lancaster Wastewater Treatment Facility and Lands. 5.1.4 The City shall contribute whatever it can through internal means to assist the Consultant with applications for grants identified by Consultant. For certainty, the City shall only be responsible for the expenses associated with the salaries of City employees and any existing documents or information relating to the Lancaster Wastewater Treatment Facility and Lands, and other items as mutually agreed upon. 6.1 Failure to Perform or Dismissal and Termination For Cause 6.1.1 This Agreement may be terminated at any time by the City for Cause. "Cause" or "Incompetence ", with respect to termination hereunder mean, without limitation: (a) Gross negligence or willful misconduct; (b) A member of Consultant's commission of any act or omission that involves fraud, embezzlement or a felony; October 1, 2012 118 -10- (c) A member of Consultant's conviction, or the entry of a plea of guilty to a crime involving moral turpitude or other crime which the City reasonably determines may bring the City or any of its affiliates into public disrepute or disgrace; (d) Consultant's commission of any act or omission that constitutes financial dishonesty against the City; (e) Consultant's repeated dereliction of or incompetence with respect to its obligations under this Agreement; (f) Consultant's refusal or failure to provide when reasonably requested by the City, the services outlined in this Agreement; (g) Consultant's lack of material communication with the City in connection with its obligations hereunder; (h) Consultant's failure for any cause whatsoever other than due to the negligence, breach of this Agreement or other actions of the City to perform the Feasibility Study or any other terms and conditions provided for by this Agreement, or fail to perform the Feasibility Study in a manner satisfactory to the City provided, however, that the City shall provide Consultant reasonable opportunity to respond in an attempt to cure any charge of an event of Cause hereunder prior to terminating this Agreement for Cause. 6.1.2 If this Agreement is terminated by the City for Cause, all expenses incurred by the City shall be reimbursed by the Consultant to the City as of the date of such event of Cause, and the City may appoint its officials, or any other Person or Persons in the place instead of the Consultant to perform the Feasibility Study and the Consultant shall have no Claim against the City. 7.1 Dismissal and Termination 7.1.1 This Agreement may be terminated, without Cause, by either Party upon ninety (90) calendar days' written notice to the other Party of the other Party's intention to terminate same. 7.1.2 So long as this Agreement is not terminated for Cause by the City, the City shall not, during the term of this Agreement and for a period of seven (7) years following the termination of this Agreement, either directly or indirectly, negotiate, agree or otherwise do business with, any Person other than Consultant, without Consultant's prior written approval, regarding any public - private partnership, project or October 1, 2012 119 - 11 - business involving a Digester, or other opportunity based on the results of the Feasibility Study. 8.1 Confidential Information 8.1.1 Both Parties will, both during and following the Term of this Agreement, treat as confidential and safeguard any information or document concerning the affairs of the other Party of which a Party acquires knowledge or that comes into its possession by reason of the Project for the City under this Agreement and will not disclose either directly or indirectly any such information or documents to any Person without first obtaining the written permission by the disclosing Party, provided that the City acknowledges that the Consultant is a public company and that it is herby permitted notwithstanding this subsection 8.1.1 to disclose information about this Agreement in its public filings provided that it provides a copy of any such filing to the City prior to the delivery of any such filing to a regulatory authority. 8.1.2 Without limiting the generality of subsection 8.1.1: (a) The Parties will not use any information acquired through the performance of this Agreement (herein referred to as "findings ") to gain advantage in any other project or undertaking irrespective of the topic, scale, or scope of such project or undertaking; (b) The Parties will not disclose any findings during or after the performance of this Agreement; (c) The Parties will not respond to any inquiries pertaining to any findings and agree to refer all such inquiries to the other Party and shall respond to any such inquiries only after receiving the written consent of the other Party; and (d) The Parties shall hold all Confidential Information obtained in trust and confidence and shall not disclose, except as required by law, any such Confidential Information, by publication or other means, to any Person nor use same for any other project other than for the benefit of the disclosing Party as may be authorized by the disclosing Party in writing. Any request for such Approval shall specifically state the benefit to the disclosing Party of the disclosure of the Confidential Information. 9.1 Liability Insurance 9.1.1 In the event that after completion of the Feasibility Study the Parties agree to move forward with the Digester installation, the Consultant, at no expense to the City, October 1, 2012 120 -12- shall obtain and maintain in full force and effect a policy or policies of insurance with the following minimum limits of liability: (a) Professional Errors and Omissions Liability Insurance The Insurance Coverage shall be in the amount of Five Million Dollars ($5,000,000.00 CAD) per claim and in the aggregate. When requested, the Consultant shall provide the City proof of Professional Errors and Omissions Liability Insurance carried by the Consultant and in accordance with the Engineering and Geoscience Professions Act, S.N.B. 1999, Chapter 50, and amendments thereto. (b) Comprehensive General Liability and Automobile Insurance The insurance coverage shall be of not less than Two Million Dollars ($2,000,000.00 CAD) per occurrence and in the aggregate for general liability and Two Million Dollars ($2,000,000.00 CAD) for automobile insurance. When requested, the Consultant shall provide the City with proof of Comprehensive General Liability and Automobile Insurance (Inclusive Limits) for both owned and non -owned vehicles, if applicable. 9.1.2 The policies of insurance required in paragraphs 9(1)(a) & 9(1)(b) must provide that the coverage shall stay in force and not be amended, cancelled or allowed to lapse without thirty (30) calendar days prior written notice being given to the City. The Consultant agrees to furnish to the City a renewal certificate at least ten (10) calendar days prior to the expiration of the policy. 9.1.3 The policy of insurance required in paragraph 9(1)(b) shall name the City as an additional insured and shall contain a cross - liability clause, if applicable. 9.1.4 The Consultant shall obtain and maintain in full force and effect during the Term of this Agreement, coverage from WorkSafeNB, if applicable. 9.1.5 At the relevant time and upon the request from the City, the Consultant shall submit to the City satisfactory evidence of having obtained the insurance coverage required and shall submit certificates of such coverage as well as current coverage from the WorkSafeNB (if applicable) forthwith to the City. 9.1.6 Nothing in this section 9.1 shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which the Consultant may be held responsible for payments of damages to persons or property. October 1, 2012 121 -13- 10.1 Project Managers 10.1.1 The City shall designate a project manager to work directly with the Consultant in the performance of this Agreement. 10.1.2 The Consultant shall designate a Consultant Representative who shall represent it and be its agent in all consultations with the City during the Term of this Agreement. The Consultant or its Consultant Representative shall attend, in person or by phone, and assist in all coordination meetings called by the City. 11.1 Responsibility for Errors 11.1.1 The Parties shall be responsible for their work and results under this Agreement. A Party, when requested, shall furnish clarification and /or explanation as may be required by the other Party's representative, regarding the Project, at no additional cost to the requesting Party. 11.1.2 In the event of an error or omission attributable to a Party's negligence, then the offending Party shall, at no cost to the other Party, provide all necessary design drawings, estimates and other professional services necessary to rectify and correct the error or omission to the satisfaction of the non - offending Party, acting reasonably, and to participate in any meeting required with regard to the correction. 12.1 Remedies 12.1.1 Subject to sections 17.1 and 18.1 hereof, upon default by either Party under any terms and conditions of this Agreement, and at any time after the default, either Party shall have all rights and remedies provided by Applicable Law and by this Agreement. 12.1.2 No delay or omission by the Parties in exercising any right or remedy shall operate as a waiver of them or of any other right or remedy, and no single or partial exercise of a right or remedy shall preclude any other or further exercise of them or the exercise of any other right or remedy. Furthermore, any Parties may remedy any default by the other Party in any reasonable manner without waiving the default remedied and without waiving any other prior or subsequent default by the defaulting party. All rights and remedies of each Party granted or recognized in this Agreement are cumulative and may be exercised at any time and from time to time independently or in combination. 13.1 Indemnification 13.1.1 Subject to subsection 13.1.2 hereof, but notwithstanding any other clauses herein, each Party shall indemnify and save harmless the other Party from all Claims, or October 1, 2012 122 -14- other proceedings by whomsoever claimed, made, brought or prosecuted in any manner and whether in respect of property owned by others or in respect of damage sustained by others based upon or arising out of or in connection with the performance of this Agreement or anything done or purported to be done in any manner hereunder, but only to the extent that such Claims, or other proceedings are attributable to and caused by the Party's negligence, errors or omissions. 13.1.2 In no event shall a Party be obligated to indemnify the other Party in any manner whatsoever in respect of any Claims, or other proceedings caused by the negligence of the Party, or any Person for whom the Party is responsible. 14.1 Contract Assignment 14.1.1 This Agreement cannot be assigned by a Party to any other service provider without the express written approval of the other Party. 15.1 Performance 15.1.1 The Parties agree to do everything reasonably necessary to ensure that the terms and conditions of this Agreement are met. 16.1 Non - Performance 16.1.1 The failure on the part of any Parties to exercise or enforce any right conferred upon it under this Agreement shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter. 17.1 Dispute Resolution A. Referral to Senior Management 17.1.1 All Disputes arising out of, or in connection with this Agreement, or in respect of any legal relationship associated with or derived from this Agreement shall within five (5) Business Days be referred for resolution to the City Manager and the Consultant Representative. 17.1.2 If the City Manager and Consultant Representative are not able to resolve the Dispute referred to them under this section 17.1 within seven (7) Business Days following such referral, the matter shall be referred for resolution by way of mediation upon the willingness of the Parties. B. Mediation October 1, 2012 123 -15- 17.1.3 Despite an agreement to mediate, a Party may apply to a court of competent jurisdiction in the Province of New Brunswick or other competent authority for interim measures of protection at any time. 17.1.4 If the Parties resolve to mediate the Dispute referred to them under subsection 17.1.2, the Parties shall invoke the following mediation process: (a) Either Party shall immediately declare an impasse and provide written notice to the other Party within seven (7) Business Days thereof (or such other period as the Parties mutually prescribe) declaring that such party wishes to proceed to mediation and setting out in reasonable detail the issue(s) to be resolved, the proposed time and a list of at least three (3) and not more than five (5) proposed mediators. Each of the proposed mediators shall be an individual: (i) with at least five (5) years' experience working in an executive capacity or representing clients in the area of public disputes, and (ii) unless otherwise agreed by the Parties, with no prior connection, affiliation or other formal relationship with either Party. (b) Upon receipt of such notice, the notified party shall have two (2) Business Days to select one (1) of the proposed mediators as the mediator, failing which the Party providing notice shall select one (1) of its proposed mediators as the mediator. Within seven (7) Business Days following selection of the mediator the matter shall be heard by the mediator. (c) The mediator shall be entitled to establish his or her own practices and procedures. Each Party shall co- operate fully with the mediator and shall present its case to the mediator orally and /or in writing within ten (10) Business Days following the mediator's appointment. The mediation shall not be in the nature of arbitration as contemplated by the Arbitration Act (1992), New Brunswick, and the mediator's decision shall not be binding upon the Parties, but shall be considered as a bona fide attempt by the mediator to judiciously resolve the Dispute. The decision of the mediator shall be rendered in a written report, not to exceed two (2) pages in length, delivered to the Parties within (10) Business Days following the last of such presentations. The fees of the mediator shall be shared equally by the Parties. 17.1.5 The mediation shall be terminated: (a) By the execution of a settlement agreement by the Parties; or October 1, 2012 124 -16- (b) By a written declaration of one or more parties that the mediation is terminated; or (c) By a written declaration by the mediator that further efforts at mediation would not be useful. 17.1.6 The place of mediation shall be the City of Saint John and Province of New Brunswick. C. Arbitration 17.1.7 In the event that the Parties are unwilling to mediate their Dispute or that the Dispute between the Parties remain unresolved after mediation has been attempted in good faith, then either the City or the Consultant, upon written notice to the other, may refer the Dispute for determination to a Board of Arbitration consisting of three (3) persons, one (1) chosen by and on behalf of the City, one (1) chosen by and on behalf of the Consultant and the third chosen by these two. 17.1.8 In case of failure of the two arbitrators appointed by the Parties hereto to agree upon a third arbitrator, such third arbitrator shall be appointed by a Judge of The Court of Queen's Bench of New Brunswick. 17.1.9 No one shall be appointed or act as arbitrator who is in any way interested, financially or otherwise, in the conduct of the work or in the business or other affairs of either Party. 17.1.10 Notwithstanding the provisions of the Arbitration Act (1992), New Brunswick, the Board of Arbitration, upon such terms and conditions as are deemed by it to be appropriate, may allow a Party to amend or supplement its claim, defence or reply at any time prior to the date at which the Parties have been notified of the arbitration hearing date, unless the Board of Arbitration considers the delay in amending or supplementing such statements to be prejudicial to a Party. The Board of Arbitration will not permit a Party to amend or supplement its claim, defence or reply once the arbitration hearing has been scheduled. 17.1.11 The Board of Arbitration may encourage settlement of the Dispute and, with the written agreement of the Parties, may order that mediation, conciliation or other procedures be used by the Parties at any time during the arbitration proceedings to encourage settlement. 17.1.12 If, during the arbitration proceedings, the Parties settle the Dispute, the Board of Arbitration shall, upon receiving confirmation of the settlement or determining that there is settlement, terminate the proceedings and, if requested by the Parties, record the settlement in the form of an arbitration award on agreed terms. October 1, 2012 125 -17- 17.1.13 Subject to subsection 17.1.14, any determination made by the Board of Arbitration shall be final and binding upon the Parties and the cost of such determination shall be apportioned as the Board of Arbitration may decide. 17.1.14 Either Party may appeal an arbitration decision to The Court of Queen's Bench of New Brunswick: (i) on a question of law; or (ii) on a question of fact; or (iii) on a question of mixed fact and law. 17.1.15 The place of arbitration shall be the City of Saint John and Province of New Brunswick and the provisions of the Arbitration Act (1992), New Brunswick, shall apply to the arbitration. D. Retention of Rights 17.1.16 It is agreed that no act by either Party shall be construed as a renunciation or waiver of any rights or recourses provided the Party has given the notices required under section 17.1 and has carried out the instructions as provided in section A of this Part. 17.1.17 Nothing in section 17.1 shall be construed in any way to limit a Party from asserting any statutory right to a lien under applicable lien legislation of the jurisdiction of New Brunswick and the assertion of such right by initiating judicial proceedings is not to be construed as a waiver of any right that Party may have under section B of this Part to proceed by way of arbitration to adjudicate the merits of the claim upon which such a lien is based. 18.1 Force Majeure Event 18.1.1 Neither the City nor the Consultant shall be responsible for any event of Force Majeure Event or by any other cause which is unavoidable or beyond its reasonable control. The Party whose performance of this Agreement is or may reasonably be expected to be affected by an event of Force Majeure shall promptly notify the other Party of the existence of such circumstances and shall use its best efforts to resume and complete performance. Whenever either Party is reasonably certain that such an event of Force Majeure is likely to occur, it shall notify and consult with the other Party as soon as practicable. All time periods for the performance of obligations hereunder shall be extended by a period corresponding to the time period of any delay caused by the occurrence of an event of Force Majeure. This provision shall not excuse the Consultant from payment of the expenses as described in section 5.1 and /or any other payments hereunder. 19.1 Miscellaneous October 1, 2012 126 19.1.1 This Agreement shall not be enforced or bind any of the Parties until executed by the Parties. 19.1.2 The Parties agree that each of them shall, upon reasonable request of the other, do or cause to be done all further lawful acts, deeds and assurances whatever for the better performance of the terms and conditions of this Agreement. 19.1.3 The Parties acknowledge having obtained their own independent legal advice with respect to the terms of this Agreement prior to its execution. 19.1.4 Each Party acknowledge receipt of a true copy of this Agreement. IN WITNESS WHEREOF HDS Energy and Ecosystems NB, Ltd. has caused this Agreement to be executed in its corporate name, and on its behalf, by its President, and The City of Saint John has caused this Agreement to be executed in its corporate name in the manner prescribed by the Municipalities Act, R.S.N.B. 1973, c. M -22, and amendments thereto. SIGNED, SEALED & DELIVERED In the presence of: October 1, 2012 HDS Energy and Ecosystems NB, Ltd. Per: Tassos D. Recachinas, President I have authority to bind the Consultant THE CITY OF SAINT JOHN Mel Norton, Mayor Elizabeth A. Gormley, Common Clerk Common Council Resolution: 2012 127 -19- STATE OF RHODE ISLAND I, Tassos D. Recachinas, of the City of Providence, in the State of Rhode Island, United States, MAKE OATH AND SAY: 1. That I am the President of HDS Energy and Ecosystems NB, Ltd., a Consultant named in the foregoing instrument and have custody of the corporate seal of the said company and am duly authorized to make this affidavit. 2. That the corporate seal affixed to the foregoing agreement and purporting to be the corporate seal of HDS Energy and Ecosystems NB, Ltd., is the corporate seal of HDS Energy and Ecosystems NB, Ltd., a Consultant named in the foregoing instrument and it was affixed by the officers authorized to so affix the seal. 3. That the signature of " Tassos D. Recachinas ", is my signature, and as the President of HDS Energy and Ecosystems NB, Ltd., I am duly authorized to execute the said instrument. 4. That the said document was executed as aforesaid at the City of Providence, in the State of Rhode Island, United States, on the day of , 2012. SWORN TO before me at Providence, in the State of Rhode Island, United States, the day of , 2012 Commissioner of Oaths, October 1, 2012 Tassos D. Recachinas 128 Al" October 1, 2012 -20- SCHEDULE LANCASTER WASTEWATER LANDS 129 yx -21 - SCHEDULE 2 NEIGHBOURING LANCASTER WASTEWATER LANDS October 1, 2012 130 REPORT TO COMMON COUNCIL October 1, 2012 M &C2012 -257 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: SNOW REMOVAL ON RED HEAD ROAD BACKGROUND The City of Saint yohn At its September 10, 2012 meeting, Common Council resolved "that the letter from Councillor Strowbridge entitled Snow Removal on Red Head Road be referred to the City Manager for a report back within 30 days regarding the City's current snow removal program ". ANALYSIS The Winter Management Plan for Street and Sidewalks presentation (enclosed) outlines the guiding principles for managing winter operations. A 2011 - 2012 Winter Management Plan Review and Update, including a detailed analysis, will be submitted to Common Council prior to the winter season beginning in November. RECOMMENDATIONS Staff recommends that, following a staff presentation, Common Council receive this information and file. Respectfully submitted, R. Kevin Rice, B.Sc., CET Deputy Commissioner Transportation and Environment Service ��'MIN Wm. Edwards, P. Eng. J. Patrick Woods, CGA Commissioner, City Manager Transportation and Environment Service 131 IPhoto: Jerome Molloy INTER-, MANAGEMENT PLAN EUR-7, REET§fANR, I!RIEWALKS t "i, 132 WINTER MANAGEMENT PLAN Keep the community functional through the winter; ... coordinate preparations, organize resources and guide protocols for widely varying winter conditions. ... quality of life, commerce, and safety of the public. Public Safety is the foremost priority!! Winter Management Plan for Streets and Sidewalks - October 2012 133 CLIENTS ✓ 70,063 citizens; many other pedestrians / motorists ✓ Public transit system and its users ✓ Emergency services - ambulance, fire /rescue, police ✓ Neighbourhoods, community centres and arenas, transportation companies, utilities, commercial enterprises, schools, health care facilities and affiliate jurisdictions (NBDOT) Winter Management Plan for Streets and Sidewalks - October 2012 134 FUNDAMENTAL BMP DECISION Fundamental Best Management Practice in place since November 2009 ... service to provide during the winter season, with the funding required to support that policy. Pre - planning, preparation, and public education; response to each weather event and recovery; and communications with public and public officials Winter Management Plan for Streets and Sidewalks - October 2012 135 SHARED RESPONSIBILITY Public sharing in responsibility, working with City and having realistic expectations of winter service. City "connect" with public and understand needs. Winter Management Plan for Streets and Sidewalks - October 2012 ici. ENGAGING THE PUBLIC First focus of Winter Management Plan is public engagement ... a dialogue with the public on services, neighbourhood collaboration and winter conditions. Winter Management Plan for Streets and Sidewalks - October 2012 137 COORDINATION OF WINTER OPERATIONS A Winter Operations Centre (WOC) shall be established by the Deputy Commissioner for each significant winter emergency. WOC: coordinate overall operational direction, keep officials informed and maintain liaison with the public. Winter Management Plan for Streets and Sidewalks - October 2012 icf. PRIORITY STRUCTURE FOR STREET PLOWING 1. Arterial streets, highway connections, emergency routes 2. Major bus routes, schools, community centres, business districts 3. Collector streets, minor bus routes, industrial parks 4. Local or subdivision streets Winter Management Plan for Streets and Sidewalks - October 2012 139 STREET PLOWING ROUTES ✓ 31 snow plowing routes ✓ 8 heavy units plow 8 Priority 1 routes ✓ 25 heavy units plow 21 Priority 2, 3 and 4 routes ✓ 2 routes are contracted ✓ 12 salter /sander routes service entire city ✓ Light equipment (1 tons) and vehicles for support and supervision Winter Management Plan for Streets and Sidewalks - October 2012 140 STREET PLOWING SERVICE OBJECTIVES ... subject to severity of conditions, 31 routes: PRIORITY 1: 8 hours after end of storm - bare pavement, travel lanes 2 days after end of storm - bare pavement, curb to curb PRIORITY 2: 8 hours after end of storm - bare pavement, centre line 2 days after end of storm - bare pavement, travel lanes PRIORITY 3: 12 hours after end of storm - bare pavement, centre line 3 days after end of storm - bare pavement, travel lanes PRIORITY 4: 12 hours after end of storm - accessible, snow pack 4 days after end of storm - bare pavement, centre line Winter Management Plan for Streets and Sidewalks - October 2012 141 PRIORITY STRUCTURE FOR SIDEWALK PLOWING 1. Major retail areas and major SJ Transit bus stops 2. Immediate school areas 3. Remaining arterial streets 4. Remaining local or subdivision streets ✓ 14 sidewalk plowing routes with 14 units ✓ Light equipment (1 tons) and vehicles for support and supervision Winter Management Plan for Streets and Sidewalks - October 2012 142 WINTER SIDEWALKS SERVICE OBJECTIVES ... subject to severity of conditions, for the 247.6 kilometres of sidewalk (61.6 %) serviced: PRIORITY 1: 12 hours after end of storm - pedestrian passage 2 days after end of storm - walking surface with traction PRIORITY 2: 24 hours after end of storm - pedestrian passage 3 days after end of storm - walking surface with traction PRIORITY 3: 24 hours after end of storm - pedestrian passage 3 days after end of storm - walking surface with traction PRIORITY 4: 72 hours after end of storm - pedestrian passage 4 days after end of storm - walking surface with traction Winter Management Plan for Streets and Sidewalks - October 2012 143 SNOW AND ICE REMOVAL SERVICE GUIDELINES ... subject to severity Of conditions: PRIORITY 1A: Emergency routes; before 20 cm accumulation PRIORITY 1B: Arterials /connections; before 20 cm accumulation PRIORITY 2A: Major bus routes; before 30 cm accumulation PRIORITY 2B: Business districts; before 30 cm accumulation PRIORITY 2c: Schools /community centres; before 30 cm accumulation PRIORITY 3A: Minor bus routes; before 60 cm accumulation PRIORITY 3B: Collector streets; before 60 cm accumulation PRIORITY 4: Local streets; designated as determined by conditions Winter Management Plan for Streets and Sidewalks - October 2012 144 SALT MANAGEMENT MANAGEMENT PLAN FOR SALT AND SAND ✓ Optimize usage ... minimize impact on environment ✓ Control consumption ... without compromising public safety ✓ Adequate supply of winter materials throughout winter ✓ Two facilities ... McAllister Drive and Bay Street Winter Management Plan for Streets and Sidewalks - October 2012 145 MAINTAINING STREET RIGHT-OF-WAY Availability of R -O -W for safe, efficient movement of pedestrians and vehicles ✓ Public right-of-way ✓ By -Laws ✓ Obstruction ✓ Parking ✓ Exceptions ✓ Sustainability d R 1% zr { Winter Management Plan for Streets and Sidewalks - October 2012 M. CHALLENGES Winter Management Plan for Streets and Sidewalks - October 2012 147 ON- STREET PARKING WINTER STREET PARKING RESTRICTIONS ✓ Prohibit parking on all streets, except designated exceptions ■ Midnight to 7 am; December 1St to March 31St ✓ Traffic By -Law ... Section 5(9)(a) ✓ Exceptions ... listed streets in Wright Street area, East End, Old North End, Lower West, and South Central Peninsula Winter Management Plan for Streets and Sidewalks - October 2012 OTHER SECTIONS OF PLAN 8. Equipment Resources and Facilities 9. Winter Drainage 10. Winter Asphalt Maintenance 11. Responsibilities and Reporting 12. Training and Plan Administration Winter Management Plan for Streets and Sidewalks - October 2012 149 REPORT TO COMMON COUNCIL M & C — 2012 -261 October 1, 2012 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Acquisition of Watershed Land 4361 Loch Lomond Road (PID 00428524) BACKGROUND: 71n 47 The City of Saint John At the August 27, 2012 meeting, Common Council requested additional information regarding the staff recommendation (M &C 2012 — 212) to purchase a portion of lands designated as PID 00428524. This report discusses the reasons for purchasing the land and how this land acquisition aligns with the delivery of clean, safe drinking water. The City of Saint John provides water and wastewater services to homes, businesses, industry and institutions through its Utility Saint John Water. Saint John Water manages its drinking water service based on the Multi- Barrier Approach from the water source to the user's tap. Drinking water quality must be assured through a series of protective barriers that include: Source Water Protection (Watershed Management) 2. Drinking Water Treatment 3. Operations and Maintenance (including staff training, development and staff levels) 4. Monitoring and Alarms (Sampling Plan, SCADA system, and record keeping) 5. Distribution System (residual chlorine, total coliform, E. coli, flushing, backflow prevention and cross connection control) 6. Emergency Response (contingency plans, boil order responses, safety training, etc) These barriers are designed to assist in ensuring the delivery of safe drinking water by preventing contamination (from source to tap) from reaching consumers. Health Canada defines the multi - barrier approach as "an integrated system of procedures, processes and tools that collectively prevent or reduce the contamination of drinking water from source to tap in order to reduce risks to public health ". 150 M &C2012 -251 Page 2 October 1, 2012 Health Canada continues; "The multi - barrier approach to safe drinking water contains three major elements. These are Source Water Protection, Drinking Water Treatment, and the Drinking Water Distribution System ... Protecting source water is a critical step towards avoiding drinking water contamination ... Effective watershed management minimizes operating costs and reduces the degree of drinking water treatment required, the quantity of chemicals used during treatment, and the creation of treatment by- products." Watershed Management is a program within the Drinking Water Service provided by Saint John Water. The goal of Saint John Water's Watershed Management Program is to protect the drinking water sources from adverse influences (human and nature) and to maintain the environmental sustainability of those watersheds through sound management of water, land, forests and infrastructure within each watershed. Sustainability and protection of watersheds are vitally important. Therefore, purchasing watershed property, enforcing watershed protection standards, renewing infrastructure, putting in place safety features, monitoring watershed activity, educating the public and dealing with illegal dumping, all form part of the effort to ensure safe, clean drinking water. Saint John Water over the past five years has invested ratepayer dollars in capital projects and purchases. Every year, funds are budgeted to acquire watershed lands, design facilities to protect the watershed from highway hazards and to evaluate existing structures. These investments are for purposes of protecting the watershed for the users of today and for future generations. Protecting Saint John's watersheds is far more effective and less costly than removing contaminants after they are introduced to the system if it is even possible to remove these contaminants once these contaminants are in the system. Other municipalities acquire watershed lands as well. Halifax - When feasible, Halifax Water purchases source water area lands from private land owners or other sources ... this presents the best opportunity to manage land use and monitor activities. ( http: / /www.halifax.ca/ hrwc /SourceWaterProtection.html) New York City - The Watershed Land Acquisition Program is a key element in the City's long- term strategy to preserve environmentally sensitive lands in its upstate watersheds. Through this program, New York City has committed to soliciting a minimum of 355,050 acres of land over a ten -year period. (http: / /www.epa.gov /region2 /water /nycshed/protprs.htm) A watershed is defined as all the land area that contributes water to a particular stream, river or lake. Any study associated with the contamination or the potential contamination of surface water must consider all the land the surface water drains. Contamination from this parcel of land has two routes to reach Robertson Lake, surface water runoff to the lake (potentially the ditch system) and ground water. In 2008, run -off from field construction at the Loch Lomond Community Centre created a turbidity plume in First Lake and almost resulted in a boil order for all residents east of 151 M &C2012 -251 Page 3 October 1, 2012 Reversing Falls Bridge. The construction at Loch Lomond Community Center was approximately 225 meters from First Lake, and on the opposite side of the road but under the correct conditions became a source of turbidity contamination for the drinking water supply. The property purchase in question, PID 00428524, is approximately 175 meters from the water at Robertson Lake, and completely within the watershed. When reviewing all of the risks in the watershed this particular property near Robertson Lake is in close proximity to the treatment facility and the intakes to the distribution system thus increasing the risk level when evaluating activities on this property. Saint John Water staff discussed the opportunity of purchasing PID 00428524 and determined the following items /issues were reasons for purchasing the property: PID 00428524 is completely within the watershed which means in theory the water that is under this property or drains off of its surface goes into the drinking water lake system. Survey staff has confirmed the surface profile of the land would drain water in the direction of Robertson Lake. The ditch system on the Johnston Road side of property in question (PID 00428524) directs water to the ditch system on Loch Lomond Road. The Loch Lomond Road ditch directs water east along Loch Lomond Road parallel with Robertson Lake. A cross culvert under Loch Lomond Road then discharge the water into Robertson Lake. The ditches, culverts and direction of water flow from this property are presented on an air photo at the end of this report. The property in question is located in Zone C under the New Brunswick Watershed Protected Area Designation Order. Zone C under this order permits the installation, maintenance and use of new petroleum tanks as long as this activity complies with the Petroleum Products Storage and Handling Regulation. Petroleum storage tanks are only one example of activities permitted in Zone C of the New Brunswick Watershed Protected Area Designation Order. Only a small portion of the property in question (PID 00428524) lies within the City's 150 metre buffer around Robertson Lake and the majority of the property is outside the buffer. Based on the conceptual information at the time of this report the potential 4,616 square metre new lot would not have preventative restrictions that would keep the owner from constructing a structure on this potential subdivided lot. In the future, after advanced water treatment is achieved Saint John Water staff is of the opinion a portion of the Loch Lomond Road should be realigned to create a larger distance between the road and Robertson Lake to reduce risks of contamination of the water supply. At this time only a conceptual design has been identified. If the City owned this parcel of land, there would be increased flexibility when designing the realignment. Saint John Water has budget in the 2012 capital program for the purpose of acquiring land in the watershed. The acquisition of this parcel would be the best method to manage land use within the watershed which is in keeping with Saint John Water's goal of protecting water sources from adverse influences of human beings and nature. 152 M &C2012 -251 Page 4 October 1, 2012 RECOMMENDATION: That The City of Saint John accept the offer of Marvin and Mary Brown as set out in the Agreement of Purchase and Sale (Agreement) attached to M &C 2012 - 212 & purchase from them the unencumbered freehold title of the portion of PID 00428524 described in the Agreement for the sum of $24,500.00 + HST if applicable, upon the terms and conditions contained in the said Agreement. That the Mayor and the Common Clerk be authorized to execute all documents required to finalize this transaction. Respectfully submitted, Kendall Mason, P. Eng., PMP Deputy Commissioner, Saint John Water Wm. Edwards, P. Eng. J. Patrick Woods, CGA Commissioner City Manager Transportation and Environment Attachment 153 ssiso 03 53 L, co his 1 55023451 's CULVERT M S n�4 S t DLO I. / - - -- 002g6336 S tJ s - v11 � ��►, - s �� 'JONA(Srolv 0000000 a o° , . ' r DITCH t O ' �� Ole 00 t i y► sr��1 CULVERT ` ` �+,�..• 00/ 4f -.4361 A Ni tip '. •� �` � ` r � �a `�R • Y N ,� �, A 77. Ak 4349 Legend Drawn By: Allan Phinney CIVIC 4361 LOCH LOMOND ROAD Storm Ditch Checked by: — — — PID 00428524 Culvert Sheet No. Date: September 29, 2012 Property Parcels 1 of 1 Scale: 1:1,000 154 AGREEMENT OF PURCHASE AND SALE The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser the freehold interest in a portion of the Vendor's Lands PID # 00428524, as hereinafter set out upon the following terms and conditions: Vendor: MARVEN ERVINE BROWN and MARY GERALDINE BROWN 4361 Loch Lomond Road Saint John, NB E2N iC8 Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NB E2L 41_1 Attention: Common Clerk Premises: Freehold interest in a portion of PID # 00428524 Comprising 4,616 sq. m. +/- in total Designated as Parcel 09 -1 on a Tentative plan of survey titled BROWNS SUBDIVISION prepared by Terrain Group (hereinafter referred to as the "Real Property ") (Photo- reduced copy of said plan attached hereto) Purchase Price: $24,500.00 + HST if applicable Deposit: $3,000.00 payable upon the adoption of the Common Council Resolution Balance: $21,500.00 on Closing Closing Date: Within 30 days following the approval of the Subdivision Plan contemplated in section 3. hereunder. 1. The Purchaser shall acquire from the Vendor the unencumbered freehold title in the Real Property, 2. The Purchaser may examine the title to the Real Property at its own expense until closing. If within that time any valid objection to the title to the Lands is made in writing by the Purchaser to the Vendor which the Vendor shall be unable or unwilling to remove within twenty (20) days of notification of such objection or objections and which the Purchaser will not waive, this agreement shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and any deposit shall be returned by the Vendor without interest and the Vendor shall not be liable for any costs or damages. 3. When the Purchaser is satisfied with the Vendor's title to the Real Property, the Purchaser shall prepare at its cost any Subdivision Plan required to effect the conveyance herein contemplated. 1 155 Agreement of Purchase and Sale Marven E. & Mary G. Brown and The City of Saint John 4. The Vendor shall at its expense terminate all leases with respect to the Real Property such that the Purchaser will have vacant possession of the Real Property on Closing, 5. If the Purchaser defaults in the closing of the sale under the terms of this Agreement, any money paid hereunto shall be forfeited to the Vendor by way of liquidated damages and the Vendor shat! have no further recourse against the Purchaser. 6. This offer shall be irrevocable by the Vendor until 4.00 p.m. local time on 12 October, 2012 and upon acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the parties hereto. 7. This offer when accepted shall be read with all changes of gender or number required by the context shall be binding upon the parties hereto, their respective heirs, executors, administrators, and assigns, and time shall in all respects be of the essence hereof. IN WITNESS WHEREOF the Vendor has caused these presents to be executed this L day of September, 2012. '7'�� '?? ��,t.>Pse�G�. Vii►-. MARVEN ERVINE BROWN MARY &RALDINE BROWN AND the Purchaser has caused these presents to be executed this day of 2012. THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 2 156 • Q 7 t4 - `� a pP ,1 a 1i PQ o� b ct Q ��= lit €:•�� -��.f i' �i 1 J J W a h S Ogg g QVpa �kp�p7 N007 N O � �E g 157 W 4q (Y 19 ao R ag�z �R ins �$ mm„ wiz co is� N rF Lo r -K m� �0 am MID F" 4 N j�yO��jF6Of m �OWF P4�� L 2 ZM1 -o�i� Wz� iZ�S�z zd¢? W gW mN�S.��K <Jf�qF 4�F a R Y <g $�g ai mai bT ee n r �O Yp N O M 7 s 9 iffiql F g o �a'°o a A o 2 Rx��Y REPORT TO COMMON COUNCIL September 28, 2012 M &C2012 -258 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: The Cite of Saint John SUBJECT: HARBOUR BRIDGE SNOW PLOWING FEASIBILITY ANALYSIS BACKGROUND At its June 18, 2012 meeting, Common Council resolved by way of submission by Councillor Merrithew "that the City Manager be directed to investigate the possibility of entering into an agreement with the Province of New Brunswick to snow plow and keep clear the Harbour Bridge ". In 2011, the Province requested the City to submit a cost estimate to provide winter maintenance for the Harbour Bridge. At this time, details surrounding the level of service required, maintenance standards and guidelines and other items required to submit an appropriate bid were unavailable. ANALYSIS Staff has met with local New Brunswick Department of Transportation and Infrastructure (DTI) representatives to discuss the Detailed Specifications and Operational Performance Measures enclosed within the proposed Maintenance Agreement (Agreement) that was supplied by DTI. A formal Request for Quote process has not been undertaken by the Province for this Agreement and much detailed information required to submit a cost estimate remains unavailable. The proposed Agreement requires 24 hours per day, 7 days per week coverage between October 15 and April 15 each year. A very high Level of Service (LOS) is required where "plowing shall commence prior to snow accumulations reaching 2 cm and the maximum allowable accumulation of snow on travelled lanes is 4cm ". DTI could withhold payment, take over the work and do it themselves when required and deduct an amount from the Agreement or cancel the Agreement if the-'City is unable to meet any of the Detailed Specifications and Operational Performance Measures requirements of the Agreement. Based on these requirements, staffing levels would be required to exceed the Local 18 Working Agreement with the 293 provision and a `no lay -off clause would require the City to maintain those positions outside of this Agreement's timelines. Negotiated changes to the Working 158 M &C2012 -258 September 28, 2012 Page 2 Agreement would be required to reflect proposed working hours. Currently, city staff and personnel would require extensive training to be capable of managing bridge structures and bridge structure conditions which generally freeze before other road systems. Capital funding is required to purchase new equipment to meet the requirements of this Agreement. Any requirement to utilize existing resources to service this Agreement would result in a lower LOS throughout the city due to a reduction of 3 street plows in the 2012 budget process. Affordability of any Agreement with DTI is dependent upon a solid business model that accounts for revenue, expenses, profit and Working Agreement modifications. Input from Others The City's Finance Department with support from Materials Management, the City Solicitor's Office and the Transportation and Environment Service would be required to submit a formal bid document. The City is rarely, if ever, placed in the position of bidding on contracts as a contractor. RECOMMENDATIONS Staff recommends that Common Council receive this information and file. Respectfully submitted, /1� R. Kevin Rice, B.Sc., CET Deputy Commissioner Transportation and Environment Service Wm. Edwards, P. Eng. J. Patrick Woods, CGA Commissioner, City Manager Transportation and Environment Service 159 REPORT TO COMMON COUNCIL M &C2012 -250 September 25, 2012 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: .I,-A SUBJECT: Green Municipal Funding Agreement — New Police Headquarters BACKGROUND City of Saint John In October 2010, the City of Saint John submitted an application to the Federation of Canadian Municipalities (FCM) Green Municipal Fund (GMF) for assistance in construction costs of the new Police Headquarters. In order to qualify for this Green Municipal Fund, the new police headquarters was required to meet the following: • Minimum 60% reduction in energy consumption compared to the Model National Energy Code for Buildings (MNECB). The City of Saint John subsequently received notification that the new police headquarters building met the objectives of the FCM grant and that it had been approved for the following: • grant in the amount of up to $1,000,000 of eligible project costs; and • low interest loan in the amount of up to $10 Million. The interest rate is based on Government of Canada benchmark bond rate minus 1.5 %; however, the annual rate shall not be lower than 2.00% per annum. The $11 Million fund will be used toward the construction costs of the new police headquarters. The new building features several innovative measures such as: • Intelligent Control System • integrated Water Heat Pump system • total building heat recovery system • high performance building envelop • high efficiency lighting system and daylight harvesting • measurement and verification plan that will help maintain and improve the building operation performance • an interactive Dashboard system that will display live energy data to the public 160 M &C 2012 — 250 September 25, 2012 Page 2 The new police headquarters will be one of a few in Canada with an energy saving target of over 65% compared to a conventional building of the same size. Annual energy savings of over $175,000 is projected, as well an annual reduction of 650 tonnes of CO2 in Greenhouse Gas (GHG) emissions. In order to access the grant and loan funding, the City must enter into an agreement with FCM. The purpose of this report is to seek authorization for the Mayor and Common Clerk to sign the agreement. An agreement between the City of Saint John and the Federation of Canadian Municipalities for the GMF funding is attached. The loan and grant amounts ($11 Million) will be used toward the construction costs of the new police headquarters. Upon the execution of this Agreement, the City of Saint John will be able to submit payment claims and engineering reports for the disbursement of the loan and grant funding. The City of Saint John Legal and Finance Departments have reviewed the attached Agreement. The Legal Department raised a concern about Section 5.01 (h) of the Agreement which provides that the City "represents and warrants that it owns all right, title and interests, including all intellectual property rights, in and to the Environmental Results Report ", parts of which report will be prepared by a third party. To address this concern, staff will ensure that the third party involved in the validation of the environmental results will assign to the City all their rights, including Intellectual Property (I.P) rights, to the environmental results reports. RECOMMENDATION Your City Manager recommends that the City enter into a Combined Loan and Grant Agreement with the Federation of Canadian Municipalities for the new police headquarters in the form and upon the terms and conditions as attached; and that the Mayor and Common Clerk be authorized to execute the said Agreement. Respectfully submitted, Samir Yam me, P. Eng. Energy Manager Attachment Wm. Edwards Project Manager, Peel Plaza 161 GREEN MUNICIPAL FUND (GMF) Project No.: 10096 Project Title: City of Saint John New Construction LEED Gold Police Headquarters Combined Loan and Grant Agreement Capital Projects — New Brunswick Municipalities Between THE CITY OF SAINT JOHN - and - FEDERATION OF CANADIAN MUNICIPALITIES, as Trustee of the Green Municipal Fund This document is not an offer to enter into a contract and, until executed by all parties, it is not a contract. 162 GMF Project No.: 10096 LOAN AND GRANT AGREEMENT THIS AGREEMENT is effective as of the date of last signature on the signature page. BETWEEN: THE CITY OF SAINT JOHN, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick (herein called the "Municipality ") -and- FEDERATION OF CANADIAN MUNICIPALITIES, as Trustee of the Green Municipal Fund. (herein called "FCM ") WHEREAS: A. the Government of Canada (herein called "GoC ") and FCM have established the Green Municipal Fund (herein called "GMF") to assist municipalities in Canada with municipal environmental projects; B. the GoC has funded GMF, which is being administered by FCM as trustee thereof, C. New Brunswick Municipal Finance Corporation ( "NBMFC ") is a statutory body corporate formed by the Province of New Brunswick (the "Province ") to provide financing for New Brunswick municipalities and municipal enterprises through a central borrowing authority; D. FCM and NBMFC have set out the steps pursuant to which FCM will provide funding to NBMFC for advance to New Brunswick municipalities, a copy of which is attached hereto as Schedule J (the "NBMFC Steps "); E. FCM's agreement to (i) provide the FCM Loan to NBMFC, and to designate the Municipality as the recipient of such funds as contemplated by the NBMFC Steps; and (ii) to provide the Municipality with the Grant, is conditional upon the Municipality's agreement that such funds will be used solely for the Project; and F. this Agreement contains the terms under which the FCM Loan will be disbursed by FCM to NBMFC, the Grant advanced by FCM to the Municipality and the proceeds thereof used by the Municipality. NOW THEREFORE, the parties hereby agree as follows: GMF 10096 — Last modified March 13, 2012 Updated Offer Contract Template — New Brunswick — Last modified November 21, 2011 Page 2 of 60 163 ARTICLE 1 DEFINITIONS AND SCHEDULES Section 1.01 Definitions. Whenever used in this Agreement and unless the context otherwise requires, the following terms have the following meaning: "Audit Report" means the audit report attached as Part 2 of Schedule E; "Authorizing Resolution" has the meaning provided in Section 5.01; "Business Day" means a day of the year other than a Saturday or Sunday or a statutory holiday observed in the Provinces of Ontario or New Brunswick; "Certificate of Incumbency and Authority" means the certificate attached as Schedule C; "Disbursement" means the advance by FCM to NBMFC of the FCM Loan as provided in Section 2.02; "Disbursement Date" means the date that NBMFC shall advance the NBMFC Loan to the Municipality; "Eligible Costs" has the meaning provided in Part 2 of Schedule A; "Environmental Results Report" means the environmental results report attached as Schedule H; "Events of Default" means the events specified or referred to in Section 7.01; "FCM Loan" means the advance of funds by FCM to NBMFC for loan to the Municipality as contemplated in the NBMFC Steps; "Financial Audit" means an audit of the Municipality's Statement of Expenses set forth in Part 3 of Schedule E relating to the Project which is to be conducted at or after the time the Project is Substantially Performed, as defined below. The financial audit shall be carried out by an independent public accountant acceptable to FCM in accordance with GAAP and the scope of the financial audit outlined in Part 1 of Schedule E. The financial audit shall be completed and submitted with the Statement of Expenses set forth in Part 3 of Schedule E and otherwise in the form of the Audit Report set forth in Part 2 of Schedule E; "Final Grant Contribution" has the meaning provided in Section 3.04; "Final Grant Contribution Date" has the meaning provided in Section 3.04; "First Grant Contribution" has the meaning provided in Section 3.04; "First Grant Contribution Date" has the meaning provided in Section 3.04; "GAAP" means the generally accepted accounting principles for local governments as recommended, from time to time, by the Public Sector Accounting Board of the Canadian Institute of Chartered Accountants; "GMF Application Form" means all the information, documents and reports provided by or on behalf of the Municipality to FCM from the beginning of the GMF funding application process until signature of this Agreement, including but not limited to the information provided through the GMF online application GMF 10096 — Last modified March 13, 2012 Updated Offer Contract Template — New Brunswick — Last modified November 21, 2011 Page 3 of 60 164 form, emails and supporting information provided in the form of schedules to the GMF online application form; "Grant" means the grant of funds by FCM to the Municipality as contemplated by this Agreement; "Grant Amount" means the amount of the grant made by FCM to the Municipality, up to the maximum amount set forth in Section 3.02; "Grant Expiration Date" has the meaning provided in Section 3.03; "Loan Expiration Date" has the meaning provided in Section 2.04; "NBMFC Loan" means the loan of funds by NBMFC to the Municipality as contemplated in the NBMFC Steps; "NBMFC Steps" means the steps pursuant to which FCM will provide funding to NBMFC for advance to New Brunswick municipalities as described in Schedule J; "Project" means the municipal environmental project described in Part 1 of Schedule A; "Project Completion Date" has the meaning provided in 2.03; "Project Completion Report" means the project completion report attached as Schedule G; "Project Progress Report" means the project progress report attached as Schedule F; "Request for Loan Disbursement and /or Grant Contribution" means the request for loan disbursement and/or grant contribution attached as Schedule B; " Signage" means a plaque and/or other signage in compliance with the specifications outlined in Schedule I; "Statement of Expenses" means the statement of expenses attached as Part 3 to Schedule E; "Substantially Performed" means the Project is substantially complete, ready for use or is being used for the purposes intended; "Term" shall begin on the Disbursement Date and end on such date which is 240 months after the Disbursement Date. Section 1.02 Schedules. The following annexed Schedules form part of this Agreement: Schedule A: Part 1: Description of the Project Part 2: Description of Budgeted Project Costs Part 3: Particulars of the Sources of Funding Schedule B: Form of Request for Loan Disbursement and/or Grant Contribution Schedule C: Form of Certificate of Incumbency and Authority GMF 10096 — Last modified March 13, 2012 Updated Offer Contract Template — New Brunswick — Last modified November 21, 2011 Page 4 of 60 165 Schedule D: Form of Legal Opinion Schedule E: Audit Requirements Part 1: Scope of Financial Audit Part 2: Form of Audit Report Part 3: Form of Statement of Expenses Schedule F: Form of Project Progress Report Schedule G: Form of Project Completion Report Schedule H: Form of Environmental Results Report Schedule I: Project Signage Specifications Schedule J: NBMFC Steps Section 1.03 Interpretation. In this Agreement: (a) the division into Sections and the insertion of headings are for convenience of reference only and do not affect the construction or interpretation of this Agreement; (b) the expressions "hereof', "herein ", "hereto ", "hereunder ", "hereby" and similar expressions refer to this Agreement and not to any particular portion of this Agreement; and (c) unless specified otherwise or the context otherwise requires: (i) references to any Section are references to the Section of this Agreement; (ii) "including" or "includes" means "including (or includes) but is not limited to" and shall not be construed to limit any general statement preceding it to the specific or similar items or matters immediately following it; (iii) references to any legislation, statutory instrument or regulation or a section thereof, unless otherwise specified, is a reference to the legislation, statutory instrument, regulation or section as amended, restated and re- enacted from time to time; (iv) references to currency or to 'T' shall be to lawful currency of Canada; and (v) words in the singular include the plural and vice -versa and words in one gender include all genders; and (d) where any payment to be made or obligation to be performed under this Agreement fails to be made or performed on a public holiday under the laws of New Brunswick or Ontario, such payment shall be made or obligation performed on the next succeeding day which is a Business Day in both provinces. ARTICLE 2 THE LOAN Section 2.01 Purpose of the Loan. FCM agrees to provide the FCM Loan to NBMFC for advance to the Municipality solely for the purpose of assisting the Municipality in the performance of the Project. The Municipality acknowledges that it is responsible for obtaining the NBMFC Loan from NBMFC and that FCM's sole commitment hereunder is to advance the FCM Loan to NBMFC on the basis stipulated herein and in the NBMFC Steps, including without limitation that the proceeds of the FCM Loan (less any administrative charge of NBMFC) be loaned by NBMFC to the Municipality. For GMF 10096 — Last modified March 13, 2012 Updated Offer Contract Template — New Brunswick — Last modified November 21, 2011 166 Page 5 of 60 certainty, FCM does not accept any responsibility or liability for ensuring NBMFC meets its commitments to New Brunswick municipalities under the NBMFC Steps or as described in this Agreement. Section 2.02 Principal Amount of the Loan. Subject to and in accordance with the terms and conditions of this Agreement and in reliance upon the representations, warranties and covenants of the Municipality hereinafter set forth, FCM agrees to make the FCM Loan to NBMFC in an amount that is equal to the lesser of. (a) the sum of ten million dollars ($10,000,000); or (b) seventy two and seventy three one hundredths percent (72.73 %) of Eligible Costs, provided that, if the aggregate amount of funding received or to be received from all sources of funding, other than the Municipality, as described in Part 3 of Schedule A (all as determined and calculated by FCM) is greater than the total costs incurred by the Municipality in respect of the Project, as evidenced by the delivery contemplated in the form of Part 2 of Schedule A, then FCM may reduce the amount of the FCM Loan determined pursuant to this Section 2.02 to such amount as it deems appropriate, in its sole and absolute discretion. For clarity, the aggregate amount of the FCM Loan amount and the Grant Amount will not exceed the lesser of eleven million dollars ($11,000,000) and eighty percent (80 %) of Eligible Costs. FCM further agrees to request that NBMFC advance the FCM Loan proceeds minus any administrative fee of NBMFC to the Municipality by way of the NBMFC Loan on the basis stipulated in the NBMFC Steps, and the Municipality agrees to borrow same for NBMFC. Section 2.03 Project Completion Date. The Municipality anticipates that the Project will be Substantially Performed by no later than the 30th day of June, 2012 (the "Project Completion Date "). As contemplated by Article 6, the Municipality shall inform FCM as soon as it becomes aware that the Project is not likely to be Substantially Performed by the Project Completion Date. Section 2.04 Loan Expiration Date. If the Municipality fails to meet the requirements set forth in the Form of Request for Loan Disbursement and /or Grant Contribution, and fails to obtain the Disbursement as provided for in Section 2.05 below within three (3) years from the date of this Agreement then FCM may, at its sole and absolute discretion and on notice to the Municipality, forthwith terminate this Agreement. Section 2.05 Disbursement and Interest. At any time following the Project being Substantially Performed, the Municipality shall request the advance of the FCM Loan to NBMFC (which shall not exceed the amount determined pursuant to Section 2.02) by delivering to FCM a completed Request for Loan Disbursement and/or Grant Contribution in the form of Schedule B. FCM shall review the Request for Loan Disbursement and /or Grant Contribution within thirty (30) days of receipt thereof, and provided that the requirements set forth in the Request for Loan Disbursement and/or Grant Contribution were met when the Municipality submitted the Request for Loan Disbursement and/or Grant Contribution, FCM shall: (a) within such thirty (30) day period, advise the Municipality (with copy to NBMFC) that the Municipality may apply for the NBMFC Loan and confirm to the Municipality and the NBMFC: (i) the amount of the FCM Loan; and GMF 10096 — Last modified March 13, 2012 Updated Offer Contract Template — New Brunswick — Last modified November 21, 2011 Page 6 of 60 167 (ii) the term of the FCM Loan; (b) within such thirty (30) day period, provided always that the Municipality submits an application to NBMFC for the NBMFC Loan in accordance with the requests of NBMFC, request that NBMFC confirm the Disbursement Date to the FCM and the Municipality as soon as practicable; (c) on such date which is fifteen (15) Business Days prior to the Disbursement Date, confirm to the Municipality and NBMFC the annual interest rate applicable to the NBMFC Loan, which shall be the same as the FCM Loan, that is equal to the higher of. (i) (A) the average of the GoC ten (10) year benchmark bond yield and the long -term GoC benchmark bond yield both in effect sixteen (16) Business Days immediately preceding the Disbursement Date (which yields will be shown on the website of the Bank of Canada at www.bankofcanada.ca) minus (B) one point fifty percent (1.50 %) per annum; and (ii) two percent (2.00 %) per annum. For greater certainty, the annual rate shall not be lower than two percent (2.00 %) per annum. (d) pay the Disbursement to NBMFC and request that NBMFC advance the proceeds thereof (less any administrative fee of NBMFC) to the Municipality on the Disbursement Date by way of the NBMFC Loan. Section 2.06 Repayment of Loans. The Municipality shall repay the NBMFC Loan to NBMFC at the times and on the basis of the interest rate, payment terms and other terms and conditions stipulated by NBMFC. The Municipality shall have no liability or responsibility for the repayment of the FCM Loan to FCM. ARTICLE 3 THE GRANT Section 3.01 Grant Purpose. FCM is providing the Grant in combination with the FCM Loan, for the sole purpose of assisting the Municipality in the performance of the Project. Section 3.02 Grant Amount. Subject to and in accordance with the terms and conditions of this Agreement and in reliance upon the representations, warranties and covenants of the Municipality hereinafter set forth, FCM agrees to contribute towards the Eligible Costs, an amount (the "Grant Amount ") that is equal to the lesser of- (i) the sum of one million dollars ($1,000,000); or (ii) ten percent (10 %) of the FCM Loan disbursed; provided that, if the aggregate amount of funding received or to be received from all sources of funding, other than the Municipality, as described in Part 3 of Schedule A (all as determined and calculated by FCM) is greater than the total costs incurred by the Municipality in respect of the Project, as evidenced by the delivery contemplated in the form of Part 2 of Schedule A, then FCM may reduce the Grant Amount determined pursuant to this Section 3.02 to such amount as it deems appropriate, in its sole and absolute discretion. GMF 10096 — Last modified March 13, 2012 Updated Offer Contract Template — New Brunswick — Last modified November 21, 2011 Page 7 of 60 •i Section 3.03 Grant Expiration Date. If the Municipality fails to meet each of the conditions of contribution set forth in the Form of Request for Loan Disbursement and /or Grant Contribution, and /or fails to obtain both the First Grant Contribution and the Final Grant Contribution as defined below within two (2) years from the Disbursement Date, then FCM may, at its sole and absolute discretion and on notice to the Municipality, forthwith terminate its obligation to provide the Grant pursuant to this Agreement. Section 3.04 Contribution. The Grant Amount shall be remitted by FCM to the Municipality in two (2) contributions as follows: (a) On the Disbursement Date (the "First Grant Contribution Date "), FCM shall remit to the Municipality the first part of the Grant (the "First Grant Contribution ") provided that: (i) the Municipality shall have delivered to FCM a completed Request for Loan Disbursement and /or Grant Contribution at least thirty (30) days prior to the First Grant Contribution Date; (ii) the First Grant Contribution shall be equal to the greater o£ (A) fifty percent (50 %) of the Grant Amount calculated pursuant to section 3.02; and (13) the Grant Amount calculated in section 3.02 minus $250,000; and the conditions of the First Grant Contribution set forth in Form of Request for Loan Disbursement and/or Grant Contribution have been met as of the Disbursement Date. (b) On or prior to the second annual anniversary of the Disbursement Date FCM shall remit to the Municipality the second part of the Grant (the "Final Grant Contribution ") on the date that the Municipality identifies as the date that it would like to receive the Final Grant Contribution (the "Final Grant Contribution Date "), provided that: (i) the Municipality shall have delivered to FCM a completed Request for Loan Disbursement and/or Grant Contribution at least thirty (30) days prior to the Final Grant Contribution Date; (ii) the Final Grant Contribution shall be equal to the Grant Amount less the First Grant Contribution; and (iii) the conditions of the Final Grant Contribution set forth in the Form of Request for Loan Disbursement and/or Grant Contribution have been met as of the Final Grant Contribution Date. (c) Provided that the conditions of the First Grant Contribution or Final Grant Contribution set forth in the Form of Request for Loan Disbursement and/or Grant Contribution have been met to FCM's satisfaction, when the Municipality submits a request in respect thereof, FCM shall: (i) calculate the First Grant Contribution or Final Grant Contribution in the manner contemplated in Section 3.02 and shall provide written notice thereof to the Municipality not less than five (5) days prior to the First Grant Contribution Date or Final Grant Contribution Date, as applicable; and (ii) remit the First Grant Contribution or Final Grant Contribution to the Municipality on the First Grant Contribution Date or Final Grant Contribution Date, as applicable. GMF 10096 — Last modified March 13, 2012 Updated Offer Contract Template — New Brunswick — Last modified November 21, 2011 Page 8 of 60 169 ARTICLE 4 CONDITIONS OF LOAN DISBURSEMENT AND GRANT CONTRIBUTION Section 4.01 Conditions of Loan Disbursement and Grant Contribution. The obligation of FCM to remit the FCM Loan and/or Grant Amount is conditional upon the Municipality satisfying the conditions set out in the Request for Loan Disbursement and/or Grant Contribution attached as Schedule B, to the satisfaction of FCM. ARTICLE 5 REPRESENTATIONS AND WARRANTIES Section 5.01 Representations and Warranties. The Municipality represents and warrants that: (a) it is duly established by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, and has the legal power and authority to enter into, and perform its obligations under, this Agreement and the Plan; (b) this Agreement has been duly authorized and executed by it and constitutes a valid and binding obligation of it, enforceable against it in accordance with its terms; (c) neither the execution of this Agreement nor the compliance with its terms and terms of the Project will conflict with or result in breach of any of the terms, conditions or provisions of, or constitute a default under any indenture, debenture, agreement or other instrument or arrangement to which the Municipality is a party or by which it is bound, or violate any of the terms or provisions of the Municipality's constating documents or any license, approval, consent, judgment, decree or order or any law, statute, rule or regulation applicable to the Municipality; (d) the by- law(s) or resolution(s) of the Municipality authorizing the Project and this Agreement (the "Authorizing Resolution ") has been enacted and passed by the Council of the Municipality in full compliance with applicable laws and regulations at meetings at which a quorum was present; (e) no application has been made or action brought to quash, set aside or declare invalid the Authorizing Resolution nor has the same been in any way repealed, altered or amended, and such Authorizing Resolution is now in full force and effect; (f) it is not subject to any restructuring order under any applicable statutory authority; (g) no litigation, arbitration or administrative proceedings are current or pending or have been threatened, and so far as the Municipality is aware no claim has been made, which is likely to have an adverse effect on its performance of the Project or its compliance with its obligations under this Agreement; (h) it owns all right, title and interest, including all intellectual property rights, in and to the Project Progress Report(s), Project Completion Report and Environmental Results Report, including photographs contained therein, submitted pursuant to this Agreement and has sole and exclusive rights to the use thereof. Prior to submission thereof: (i) any person involved in the preparation of such reports will execute and deliver to the Municipality a written agreement which effects the assignment to the Municipality of all GMF 10096 — Last modified March 13, 2012 Updated Offer Contract Template — New Brunswick — Last modified November 21, 2011 Page 9 of 60 170 right, title and interest therein, including all intellectual property rights, and provides that such person has waived all its non - assignable rights (including moral rights) therein; and (ii) any identifiable person featured in a photograph submitted to FCM, pursuant to this Agreement, will execute and deliver to the Municipality a written agreement granting permission to use his or her image, including but not limited to posting it on a public website; (i) the Project Progress Report(s), Project Completion Report and Environmental Results Report, including photos contained therein, submitted pursuant to this Agreement will not infringe upon any of the intellectual property rights of any other person and the Municipality has not received any charge, complaint, claim, demand, or notice alleging any interference, infringement, misappropriation or violation of the intellectual property rights of any other person, nor does the Municipality know of any valid grounds for any bona fide claims. ARTICLE 6 COVENANTS Section 6.01 Affirmative Covenants. Unless FCM shall otherwise agree in writing, the Municipality shall: (a) use the NBMFC Loan and the Grant only for the Project; (b) carry out the Project and conduct the activities thereof in compliance with all applicable laws and regulations and, without restricting the generality of the foregoing, in compliance with all applicable environmental, health and safety laws of the Province of New Brunswick and of Canada; (c) carry out the Project with due diligence and efficiency and in accordance with sound engineering, financial and business practices; maintain its accounts, management information and cost control system and books of accounts adequately to reflect truly and fairly the financial condition of the Project and to conform to GAAP. The Municipality covenants and agrees that it shall keep all such books and records of the Project for seven (7) years after the Final Grant Contribution Date; (d) permit representatives of FCM during the Municipality's normal office hours, to visit any of the premises where the Project activities are conducted and to have access to its books of accounts and records relating to the Project and permit FCM to communicate directly with, including the receipt of information from, its external auditors regarding its accounts and operations relating to the Project; (e) clearly label as confidential all information embodied in tangible form that is prepared and/or delivered by or on behalf of the Municipality to FCM pursuant to this Agreement, that the Municipality deems to be confidential information, and if the information that the Municipality deems to be confidential information is disclosed orally or visually, the Municipality shall clearly identify it as such at the time of disclosure ( "Confidential Information "); (f) provide two versions of each report in the event that a Project Progress Report, Project Completion Report and /or Environmental Results Report contains Confidential Information. The version containing Confidential Information shall be clearly labeled as confidential and will be treated as confidential by FCM. The version that does not contain Confidential Information may GMF 10096 — Last modified March 13, 2012 Updated Offer Contract Template — New Brunswick — Last modified November 21, 2011 Page 10 of 60 171 be posted on FCM's public website and /or made available through other social media websites or tools and otherwise made available to interested third parties; (g) incorporate the following language into the Project Progress Report(s), Project Completion Report and Environmental Results Report submitted pursuant to this Agreement, unless it has received written notice to the contrary from FCM: "© 20XX, The City of Saint John. All Rights Reserved. This project was carried out with assistance from the Green Municipal Fund, a Fund financed by the Government of Canada and administered by the Federation of Canadian Municipalities. Notwithstanding this support, the views expressed are the personal views of the authors, and the Federation of Canadian Municipalities and the Government of Canada accept no responsibility for them." (h) comply with FCM's communication requirements, for the period between the signature of this Agreement and the date that is five (5) years following the Project being Substantially Performed: (i) the Municipality shall cooperate with FCM who will lead the preparation and issuance of a news release regarding GMF's mandate and GMF and the GoC's financial assistance to the Project and/or public announcement attended by FCM and the GoC. A GMF communications officer will contact the Municipality to discuss the process immediately after the signature of this Agreement; (ii) the Municipality shall promptly inform FCM of upcoming promotional events related to the Project and allow FCM and the GoC to participate in such promotional events; (iii) the Municipality shall cooperate with FCM in providing reasonable information on the Project to other interested persons to permit the sharing of knowledge and lessons learned about the Project; (iv) the Municipality shall cooperate with FCM in preparing one or more educational interviews showcasing the Project, that may be posted on FCM's public website or through other social media websites and tools and made available through other mediums and in various formats (the "Interview "); (i) grant FCM a perpetual, irrevocable, non - exclusive, non - transferable and royalty -free license to use, reproduce, distribute, modify, adapt, change formats, prepare summaries, display and translate the Project Progress Report(s), Project Completion Report and Environmental Results Report, including photos contained therein, prepared and/or delivered by or on behalf of the Municipality to FCM pursuant to this Agreement in furtherance of the goals and objectives of the FCM and /or the GMF; (j) grant FCM all right, title and interest, including all intellectual property rights, in and to all formats of the Interview, including but not limited to written, audio recorded or video recorded formats, and to have sole and exclusive rights to the use thereof. Prior to the Interview, the Municipality shall ensure that any person designated by the Municipality to participate in the Interview will execute and deliver to FCM a written agreement which effects the assignment to FCM of all right, title and interest therein, including all intellectual property rights, and provides that such person has waived all its non - assignable rights (including moral rights) therein and grants to FCM the right to use the individual's image, including but not limited to posting the Interview on a public website; GMF 10096 — Last modified March 13, 2012 Updated Offer Contract Template — New Brunswick — Last modified November 21, 2011 Page 11 of 60 172 (k) provide to FCM the following information from the date of this Agreement until and on the last day of the Term, in form and content satisfactory to FCM: (i) prompt notice of any change to the Project Completion Date as set out in Section 2.03; (ii) a Project Progress Report in the form of Schedule F, on the dates described in Schedule F and additional Project Progress Reports, if requested by FCM, within thirty (30) days of FCM making such requests; (iii) prompt notice of any proposed change in the nature or scope of the legal status of the Municipality; (iv) confirmation, on an annual basis, that the Municipality has, at its sole expense, procured and maintained in full force and effect throughout the Term, through reputable companies and agencies, broad form commercial general liability policy, including contractual liability insurance with no less than ten million dollars ($10,000,000.00) per occurrence combined single limit. All liability coverage shall be maintained from the date of this Agreement and for the Term. Such policy shall name FCM as an additional insured. The policy shall be endorsed to provide FCM with not less than thirty (30) days notice in writing in advance of any renewal, cancellation, change or amendment restricting coverage; (v) prompt notice of any act or event which does or may materially and adversely affect the Project or the ability of the Municipality to perform its obligations under this Agreement and the Project or any of its other obligations that are material to the Municipality; (vi) prompt notice of any litigation or administrative proceedings, together with copies of any written legal documents as FCM may request, excluding legal documents subject to solicitor client privilege, before any court or arbitral body or other authority which might materially and adversely affect the Project or the ability of the Municipality to perform its obligations under this Agreement and in respect of the Project or any of its other obligations that are material to the Municipality; (vii) immediate notice of the occurrence of any Event of Default relating to it specifying the nature of such Event of Default, and the steps, if any, that it is taking to remedy the same; and (viii) such other information as FCM may from time to time reasonably request from it by notice to it. Section 6.02 Negative Covenants. Unless FCM shall otherwise agree in writing, the Municipality shall not from the date of this Agreement until and on the last day of the Term: (a) use the NBMFC Loan or the Grant for expenditures that are not Eligible Costs; (b) publicly announce confirmation of GMF funding for the Project other than in compliance with Section 6.01 above or without the prior written consent of FCM; (c) make any change to the nature or scope of the Project or carry out the Project in a manner which differs from that described in Schedule A hereof, or GMF 10096 — Last modified March 13, 2012 Updated Offer Contract Template — New Brunswick — Last modified November 21, 2011 Page 12 of 60 173 (d) sell, assign, transfer, lease, exchange or otherwise dispose of, or contract to sell, assign, transfer, lease, exchange or otherwise dispose of, any of the properties, whether movable or immovable, of the Project, whether now owned or hereafter acquired, and whether to a private sector partner of it or otherwise, except if provided for in Schedule A or previously approved in writing by FCM. ARTICLE 7 EVENTS OF DEFAULT Section 7.01 Events of Default. The following events are "Events of Default ": (a) default shall have occurred in the performance of any covenant, agreement or undertaking of the Municipality contained in this Agreement and any such default shall have continued for a period of not less than fifteen (15) days after notice thereof shall have been given to the Municipality, as applicable, by FCM; (b) any representation or warranty confirmed or made in Article 5, in a Request for Loan Disbursement and/or Grant Contribution, in connection with the execution and implementation of this Agreement or in connection with the Project, is found to have been incorrect or misleading; (c) default shall have occurred if the Municipality fails to comply with Section 2.04 and Section 3.03 of this Agreement; (d) default shall have occurred if the Municipality fails to deliver to FCM the Project Completion Report, even in the event that the Project is not Substantially Performed, in form and content satisfactory to FCM on or before the Disbursement Date; (e) default shall have occurred if the Municipality fails to take out and maintain the insurance required pursuant to Article 6 or such insurance is vitiated or otherwise ceases to be in full force and effect; (f) in the event that the Project is Substantially Performed, default shall have occurred if the Municipality fails to deliver to FCM the Environmental Results Report in form and content satisfactory to FCM on or before the Grant Expiration Date; (g) if control and charge over the administration of all the affairs of the Municipality are vested in any person other than the Municipality; and (h) if any act or event which, in the determination of FCM, does or may materially and adversely affect the Project or the ability of the Municipality to perform its obligations under this Agreement and the Project or any of its other obligations that are material to the Municipality has occurred or may occur. Section 7.02 Remedies. Upon the occurrence of an Event of Default, FCM may by notice to the Municipality: (a) terminate this Agreement; (b) to the extent not already remitted to the Municipality, terminate any further requirement to make the First Grant Contribution and /or the Final Grant Contribution; GMF 10096 — Last modified March 13, 2012 Updated Offer Contract Template — New Brunswick — Last modified November 21, 2011 Page 13 of 60 174 (c) in the case of an Event of Default provided in the foregoing Section 7.01(f), declare the disbursed Grant Amount immediately repayable (anything in this Agreement to the contrary notwithstanding) without any further notice and without any presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Municipality; and/or Section 7.03 Saving of Rights. No course of dealing and no delay in exercising, or omission to exercise, any right, power or remedy accruing to FCM upon any default under this Agreement shall impair any such right, power or remedy or be construed to be a waiver thereof or any acquiescence therein; nor shall the action of FCM in respect of any such default, or any acquiescence by it therein, affect or impair any right, power or remedy of FCM in respect of any other default. ARTICLE 8 MISCELLANEOUS PROVISIONS Section 8.01 Notices and Requests. Any notice, demand, request or other communication to begiven or made under this Agreement to FCM or to the Municipality, other than a notice of default referred to in Section 8.01 hereof, shall be in writing and may be made or given by personal delivery, by ordinary mail, by facsimile or by electronic mail. A notice of default shall be in writing and delivered by registered mail. Notices shall be addressed as follows: To the Municipality: The City of Saint John 15 Market Square P.O. Box 1971 Saint John, NB E2L 4L1 Attention: telephone: by facsimile: by electronic mail Alternate Contact: Attention: telephone: by facsimile: by electronic mail To FCM: Ms. Hilary Nguyen Assistant Comptroller f.�IL'�ZE:�G31f[t3 506- 649 -7901 hilary. nguyen @saintj ohn. ca Mr. Samir Yammine Energy Manager 506- 648 -4667 506- 632 -6199 samir.yammine @saintj ohn. ca Federation of Canadian Municipalities 24 Clarence Street Ottawa, Ontario KIN 5P3 GMF 10096 — Last modified March 13, 2012 Updated Offer Contract Template — New Brunswick — Last modified November 21, 2011 175 Page 14 of 60 Attention: Mrs. Nathalie Lapointe Project Officer - Contracts telephone: 613- 907 -6261 by facsimile: 613- 244 -1515 by electronic mail: nlapointe @fcm.ca Any notice, demand, request or other communications made or given by personal delivery shall be deemed to have been made or given on the day of actual delivery thereof, and if made or given by ordinary mail, on the 3rd Business Day following the deposit thereof in the mail, and if made or given by facsimile transmission or by electronic mail, on the ls' Business Day following the transmittal thereof. If the party giving any notice, demand, request or other communications knows or reasonably ought to know of any difficulties with the postal system that might affect the delivery of mail, such notice, demand, request or other communications shall not be mailed, but shall be given by personal delivery, facsimile transmission or electronic mail. Section 8.02 Confidentiality. FCM shall use a commercially reasonable degree of care to hold the Confidential Information in confidence and to: (i) prevent its unauthorized use or disclosure; (ii) use the Confidential Information only for the purposes contemplated by this Agreement; (iii) disclose the Confidential Information only to its directors, employees, officers and legal, financial, management or other professional consultants or advisors whose services FCM has engaged in relation to this Agreement and for the purpose of considering the Municipality's request for GMF funding, who have a need -to -know for the sole purpose of enabling FCM to fulfil its obligations under this Agreement and considering the Municipality's request for GMF funding; and (iv) not to permit any third parry or entity other than those specified in (iii) hereof access to the Confidential Information without the prior written consent of FCM. Notwithstanding the foregoing, FCM may disclose all or any part of the Confidential Information with the prior written approval of the Municipality or if the Confidential Information is disclosed pursuant to a judicial or government order, provided that to the extent practicable and not restricted by law, FCM gives the Municipality sufficient notice to contest such order. Section 8.03 Release and Indemnification. The Municipality acknowledges and agrees that: (a) By accepting or approving anything required to be accepted or approved pursuant to this Agreement or the Project, FCM shall not be deemed to have warranted or represented the accuracy, sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by FCM. (b) The Municipality releases and forever discharges FCM and its directors, officers, agents, servants and employees from any claims, demands, proceedings, losses, damages, liabilities, deficiencies, costs and expenses arising out of or in consequence of any loss, injury or damage to the Municipality or its property in any way relating to this Agreement and/or the Project. GMF 10096 — Last modified March 13, 2012 Updated Offer Contract Template — New Brunswick — Last modified November 21, 2011 Page 15 of 60 176 (c) The Municipality agrees to indemnify and save harmless FCM and its directors, officers, agents, servants and employees from all claims, demands, proceedings, losses, damages, liabilities, deficiencies, costs and expenses (including, without limitation, all legal and other professional fees and disbursements, interest, penalties and amounts paid in settlement) arising directly or indirectly as a consequence of such matter suffered or incurred by FCM and its directors, officers, agents, servants and employees as a result of or arising directly or indirectly out of or in connection with: (i) the carrying -out of the Project; (ii) any act of, or failure to act by, the Municipality or its directors, officers, agents, servants or employees; (iii) any inaccuracy of any representation or warranty contained in this Agreement or in any agreement, instrument, certificate or other document delivered pursuant hereto; (iv) any breach or non - performance by the Municipality of any covenant to be performed by it that is contained in this Agreement or in any agreement, certificate or other document delivered pursuant hereto; and (v) any breach or alleged breach by the Municipality of the intellectual property rights or privacy rights of any person, and, without limiting the generality of the foregoing, FCM shall not be liable for any bodily injury, death or property damage of any person or any claim against the Municipality or its directors, officers, agents, servants or employees by which FCM may be made or attempted to be made a party and any incidental, indirect, special or consequential damages, or any loss of use, revenue or profit to the Municipality or its directors, officers, agents, servants or employees arising out of or in any way related to this Agreement or the Project. (d) The Municipality shall be solely and fully responsible for the undertaking, implementation and completion of the Project or any element thereof. FCM shall not be responsible in any way whatsoever for the undertaking, implementation and completion of the Project or any element thereof. The Municipality acknowledges and agrees that it shall be responsible for all acts of its directors, officers, agents, servants and employees and that all such acts shall be treated as acts of the Municipality for the purposes of this Agreement. Section 8.04 FCM's Limited Liability. FCM has executed this Agreement solely in its capacity as trustee of the GMF and not in its own capacity. Accordingly, recourse with respect to any liability or obligation of FCM in connection with this Agreement shall be limited only to the property and assets of the GMF and neither FCM nor any director, officer, agent, servant or employee thereof shall have any personal liability therefor. Section 8.05 Further Assurances. The Municipality shall promptly execute and deliver, upon request by FCM, all such other and further documents, agreements, opinions, certificates and instruments as may be reasonably required by FCM to more fully state the obligations of either party to this Agreement or to make any recording, file any notice or obtain any consent. Section 8.06 Amendment. Any amendment of any provision of this Agreement, including the Schedules, must be in writing and signed by both parties. Section 8.07 Choice of Language. It is the express wish of the parties that this Agreement and any related documents be drawn up and executed in English. Les parties reconnaissent avoir exige que la presente convention et tour les documents connexes soient rediges en anglais. Section 8.08 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Section 8.09 Choice of Forum. The parties hereto agree and intend that the proper and exclusive forum for any litigation of any disputes or controversies arising out of or related to this Agreement shall be a Court of competent jurisdiction located in the Province of Ontario, City of Ottawa. GMF 10096 — Last modified March 13, 2012 Updated Offer Contract Template — New Brunswick — Last modified November 21, 2011 Page 16 of 60 177 Section 8.10 Effectiveness. This Agreement shall continue in force until all other monies payable hereunder have been fully paid to FCM in accordance with the provisions hereof. Section 8.11 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, except that the Municipality may not assign or otherwise transfer all or any part of its rights or obligations under this Agreement without the prior written consent of FCM. Section 8.12 Severability. In the event that any part of a provision(s) of this Agreement is (are) held to be invalid, unenforceable, or void, such provision(s) shall, by the adjudicating body, be applied to the fullest extent possible and shall be read -down only to the extent absolutely necessary to comply with applicable law. If any provision(s) of this Agreement is (are) held to be invalid, unenforceable, or void, such provision(s) shall be severed from the rest of the Agreement. The fact that part of a provision(s) or an entire provision(s) has (have) been held to be invalid, unenforceable, or void such determination shall not affect the validity and enforceability of any other remaining provisions. Section 8.13 Waiver of Rights. Except as expressly provided in this Agreement, any waiver of, or consent to depart from, the requirements of any provision of this Agreement shall be effective only if it is in writing and signed by the party giving it, and only in the specific instance and for the specific purpose for which it has been given. No failure on the part of a party to exercise, and no delay in exercising, any right under this Agreement shall operate as a waiver of such right. No single or partial exercise of any such right shall preclude any other or further exercise of such right or the exercise of any other right. Section 8.14 GMF Application Form. The GMF Application Form constitutes part of this Agreement. Section 8.15 Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior correspondence, agreements, negotiations, discussions and understandings, if any, written or oral, including but not limited to confidentiality agreements. Section 8.16 Audit. FCM reserves the right, at its own expense, to audit compliance by the Municipality with this Agreement at any time. Section 8.17 Counterparts. This Agreement may be executed in two counterparts and, in such case, each such counterpart shall be deemed an original, but both of which together shall constitute one and the same agreement. GMF 10096 — Last modified March 13, 2012 Updated Offer Contract Template — New Brunswick — Last modified November 21, 2011 Page 17 of 60 178 ARTICLE 9 SURVIVAL Section 9.01 Survival. The provisions of Article 8 and any other provisions hereof intended to survive termination, will survive the termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed and delivered this agreement as of the date of last signature on this signature page. THE CITY OF SAINT JOHN per: Mr. Mel K. Norton, Mayor per: Ms. Elizabeth Gormley, Common Clerk We have authority to bind the Municipality herein. Common Council Resolution: FEDERATION OF CANADIAN MUNICIPALITIES, as Trustee of the Green Municipal Fund per: Mr. Tim Kehoe, Deputy Chief Executive Officer date: I have authority to bind FCM herein. GMF 10096 — Last modified March 13, 2012 Updated Offer Contract Template — New Brunswick — Last modified November 21, 2011 Page 18 of 60 179 SCHEDULE A Part 1: Description of the Project As per GMF sector criteria, the project demonstrates an anticipated reduction in design energy consumption of at least 60% compared to the Model National Energy Code for Buildings (MNECB), of which a minimum of 40% must come from energy efficiency measures and the remainder may come from renewable energy production. The City of Saint John will build a new regional Police Headquarters with LEED Gold certification in a currently underused site, consolidating currently scattered police operations and helping to redevelop a neighborhood. The closeness of the building to the provincial LEED Silver Justice Complex will also promote sustainability and energy efficiency through a provision to the mechanical system, to ensure both buildings are good candidates for future connection to the city's future planned district heating and cooling system. The City of Saint John will invest over $23 million toward the construction of the new police headquarters that will feature the latest innovative measures and will be one of the few in Canada with a minimum energy saving target of over 60.6% compare to a conventional building with the same size built to the Model National Energy Code for Buildings (MNECB). The design energy consumption for the Police Headquarters is expected to be 6,289 GJ annually, a 60.6% energy saving. Annual savings of $200,000 is projected as well as an annual reduction in greenhouse gas emissions by 632 tonnes of CO2. The components that will contribute to the energy savings include: • Increased building envelope and interior wall insulation with use of thermal mass. • Energy- efficient windows. • Efficient lighting. • Heat - recovery ventilation and efficient heating. • A solar power system. • Provisions are made to green roof. • Low -flow plumbing fixtures. • Water recycling and a rainwater harvesting system. • Lower Parking Garage Temperature to 4 degrees Celsius. • Intelligent Control System. • Measurement and Verification Plan The North of Union Development site is an 8,660 square meter land parcel currently used largely as surface parking, and with a deteriorated housing stock and small vehicle repair garage that has contaminated the adjacent unoccupied residential property on which the Police Headquarters will be constructed. Soil remediation is necessary. This City block has numerous period buildings to which construction and design of the Police Headquarters will be sensitive. Several will be demolished to accommodate the Headquarters. However, the Saint John Heritage Development Board is discussing ways to reclaim and store the materials of historic and architectural significance for future upgrading of Saint John's 6,000 historic and period buildings, thereby diverting materials from the landfill. The Police Headquarters will be one of the few LEED Gold buildings in the Maritimes. One of the main objectives of this project is the encouragement of other municipalities to implement sustainable measures in building design and the development of green construction. GMF 10096 — Last modified March 13, 2012 Updated Offer Contract Template — New Brunswick — Last modified November 21, 2011 Page 19 of 60 im Cross - sectoral coordination is fundamental in this development. The re- development of the North of Union block will encourage further investment in the area bringing back residential, commercial and institutional development and encouraging pedestrian traffic and an extension of the public transit system. The development will also build capacity within the community on sustainable practices and encourage contractors, manufactures and community business to invest in and implement sustainable measures for future development. Environmental Benefits Summary Projectelement Energy source Baseline Anticipated energy consumption after Anticipated impact on 1 (e.g. electricity, natural gas, solar panel, etc) consumption Project completion energy consumption(+ 0 287,69134 Total (GJ/year) (GJ /year) or -) (GJ /year) Electricity from the grid C 2,352.95 2,691.08 - 338.13 New LEED Police Facility L 8,016.84 1,389.59 6,627.25 1 Natwalgas f .� 0 ('only includes consumption from fossil fuel and Total 10,369.79 electricity from the g rid) 4,080.67 6,289.12 Emission factor (kg CO2e /GJ) Anticipated GHG impacts (+ or-) (kg CO2e /year) Anticipated water consumption after project completion 127.78 - 43,206.25 1 49.93 330,898.59 0 0 287,69134 Total Facility or neighbourhood Unit of measure New LEED Police Facility m' /year Total (m3 /year) Total (m3 /capita /year) Baseline water consumption 3,263 Anticipated water consumption after project completion Net reduction of water consumption (m3 1year or m3 /capita /year) 1,240 2,023 3,263 Z023 1,240 0 0 Total reduction of m3 per year in % 38.0096 Total reduction of m3 per capita per year in % GMF 10096 — Last modified March 13, 2012 Updated Offer Contract Template — New Brunswick — Last modified November 21, 2011 181 Page 20 of 60 SCHEDULE A Part 2: Description of Budgeted Project Costs The forecasted Eligible Costs that the Municipality included in its GMF funding application: Item Description Amount $) Eligible Costs: Construction (Materials & Installation) for Efficiency Lighting System, Occupancy Sensors, Day lighting Sensors, Increase Wall Insulation From R -15.0 to R -22, Increase Roof Insulation from $44 to R- 24, Upgrade Window Glazing, Triple Glazing, Window Frames, High Efficiency Heat Pumps, Heat Recovery for the entire Capital Costs building, Demand Control Ventilation, $21,983,904 Condensing Boilers, Variable Speed Pumps for HVAC pumps, Low Flow Fixtures, Condensing Water Heaters, Measurements & Verification, Implement a green building education program of signage, case study and interactive Kiosk, General contractor reporting on project cost and status, commissioning Consultant Fees Design, Procurements, Tender Documents $825,659 Construction management & Contract $500,000 Administration Public Education and Promotion Signage, case study and interactive Kiosk $50,000 Costs Reporting Cost Reporting on project and status, $100,000 commissioning and energy monitoring Subtotal Eligible Costs: $23,459,563 Allowable In -Kind Contribution In -Kind I Project managers (City staff) $419,341 Subtotal Allowable In -Kind Contributions: $419,341 Total Eligible Costs: $23,878,904 Total Ineligible Costs: $0 Total Project Costs: $23,878,904 The expenditures claimed are subject to audit by FCM. The amount loaned/contributed by FCM may vary as a consequence. No expenditure incurred prior to April 1, 2010 is permitted to be included as an Eligible Cost. 2. "Eligible Costs" means the permitted expenditures listed in the table below under the heading "Eligible Costs" for which the Municipality may use the NBMFC Loan and the Grant. The table below was developed to help provide guidance to funding recipients on Eligible Costs (and costs which are not Eligible Costs). Should you require clarification, please don't hesitate to contact FCM. GMF 10096 — Last modified March 13, 2012 Updated Offer Contract Template — New Brunswick — Last modified November 21, 2011 Page 21 of 60 182 In order to be eligible for reimbursement: 1. All expenses must be listed in a Statement of Expenses attached to an Audit Report and all invoices and receipts together with back -up documentation must be kept for audit purposes (examples: sub - contractor invoices, travel expenses claims, timesheets, etc). The Municipality will keep all such invoices, receipts and back -up documents for seven (7) years after the Final Grant Contribution Date. 2. All expenses should be invoiced directly to the Municipality. 3. All expenses must be: (i) actually and reasonably incurred; (ii) directly related to the Project; (iii) incurred and be in an amount which is in accordance with applicable industry standards; (iv) a cost or expenditure that would not otherwise have been incurred by the Municipality but for the Project; and (v) have been incurred after April 1, 2010. Eligible Costs I Ineligible Costs Administrative Administrative costs which are directly linked to Ordinary office supplies and expenses including the Project and have been incurred for the Project business cards, paper, file folders, monthly fee for including supplies and materials, document telephone line, etc. translation, communication costs such as telephone long distance calls or faxes, permits, certification General overhead costs such as general utilities required for the Project, printing /photocopying by (electricity, gas, water, etc.), insurance, furniture outside suppliers or acquiring of documents used and other operating costs related to general exclusively in the Project. maintenance and repairs (janitorial expenses, etc.) in relation to the Project. Administrative costs not specifically listed as eligible costs, such as non - financial audit fees and legal fees. Advertising The cost of advertising, including fees for The cost of advertising for general education or advertising development as well as cost for publicity that is a direct result of on -going presenting the project in media will be eligible to business activity and not a specific requirement of the extent of being essential in the objective of the Project. communicating the Project undertaking to the public & outside stakeholders as well as fulfilling The cost of promotional items. the requirement of public input on the Project. The cost of project signage acknowledging FCM's and the GoC's contribution to the Project. Audit The cost of a financial audit if required for the Project. Capital Capital costs as defined and determined in accordance with Generally Accepted Accounting Principles (GAAP). GMF 10096 — Last modified March 13, 2012 Updated Offer Contract Template — New Brunswick — Last modified November 21, 2011 Page 22 of 60 183 Eligible Costs I Ineligible Costs Costs for acquiring, developing, constructing, modernizing or leasing systems (equipment, hardware, software etc.) that are essential for the completion of the Project. Costs of construction, renovation or modernization of facilities and structures essential for the completion of the Project such as materials and installation costs. Equipment The rental of tools and equipment is eligible if the rental is specifically needed to undertake the approved activity. Purchase of equipment is ineligible unless it is less expensive than the rental. FCM pre - approval is required for the purchase of equipment. In -kind In -kind contribution of staff time by employee(s) of the Municipality. The value of a Project's total in- kind contributions on account of salaries, fees or remuneration cannot exceed 10% of the other eligible costs. In -kind contribution of goods and services other than salaries and in -kind contributions made by anyone other than the Municipality. Expenses paid by anyone other than the Municipality are considered in -kind and therefore not eligible. Meetings and Public Gatherings Those reasonable costs related to meetings and discussions that are essential for the activity including meeting costs associated with public gatherings that serve the objective of communicating the Project to the public & outside stakeholders (room rental, show services such as rental of video equipments, tables, chairs) and collecting feedback (internet and costs related to website development). Any hospitality expenses including food and drinks, door prizes, alcohol, entertainment, music, decorations, flowers, centerpieces, etc. Real Property and Office Space Office space for the Project. Services Salaries, fees or remuneration paid to professional, technical personnel, consultants and contractors (all of whom must not be employed by the Municipality) directly involved in: lease or sale of real Any costs associated with person(s) enrolled on the Municipality's payroll are ineligible, except for those defined under the category listed as "In- Kind". • The planning, assessment, analysis, design, Engineering costs for which grants or engineering, manufacturing, construction, contributions are provided by or committed to be GMF 10096 — Last modified March 13, 2012 Updated Offer Contract Template — New Brunswick — Last modified November 21, 2011 m, Page 23 of 60 Eligible Costs Ineligible Costs monitoring and reporting of the Project provided by any program of the Government of • Public education and promotion, survey Canada. and web site development and the development of other communication tools, Assessment of the baseline energy consumption directly related to the implementation of and modeling or simulation activities associated the Project. with determining energy consumption. Costs related to environmental assessments, risk assessments, risk management plans, redevelopment plans, business development plans, and marketing strategies. Taxes Provincial Sales Tax and the Goods and Services Tax for which the Municipality is eligible for a tax rebate and any other costs eligible for rebates. Transportation, Shipping and Courier Charges Transportation costs for delivery of materials and Any transport expense that is a direct result of on- services essential for the Project. The costs must going business activity and not a specific be reasonable and cannot combine or be an requirement of the Project. outcome of other activities not related to the Project. Travel and Accommodation Travel and accommodation for external consultants Travel, accommodation and any fees associated whose expertise is required for carrying out the with attending conferences, missions, trade shows, Project will qualify to the extent that the Travel and etc. Accommodation rates comply with Treasury Board of Canada guidelines. Any travel and accommodation expenses associated with the Municipality or the Project Partner(s). GMF 10096 — Last modified March 13, 2012 Updated Offer Contract Template — New Brunswick — Last modified November 21, 2011 Page 24 of 60 185 SCHEDULE A Part 3: Particulars of the Sources of Funding The funding for the Project is planned as: Funding Sources City of Saint John New Construction LEED Gold Project Name: ' Loans GMF Loan Police Headquarters Lead Applicant: City of Saint John GMF File Number: 10096 Ir Funding Sources Amount ($) Date Confirmed Loans GMF Loan $10,000,000 December 18, 2008 & February 18, 2011 Municipal Funds Municipal Reserves $12,878,904 Council Resolution July 14, 2010 Grant Funds GMF Grant $1,000,000 December 18, 2008 & February 18, 2011 Total Funding $23,878,904 GMF 10096 — Last modified March 13, 2012 Updated Offer Contract Template — New Brunswick — Last modified November 21, 2011 Page 25 of 60 i• SCHEDULE B Form of Request for Loan Disbursement and/or Grant Contribution [LETTERHEAD OF THE MUNICIPALITY] [Address] [Date] Federation of Canadian Municipalities 24 Clarence Street Ottawa, Ontario KIN 5P3 Attention: Ms. Nathalie Lapointe Project Officer - Contracts Ladies and Gentlemen: Re: Green Municipal Fund — Project No. 10096 Loan and Grant Agreement between the Federation of Canadian Municipalities (as Trustee) and The City of Saint John ( "Municipality ") (the "Agreement ") Loan Disbursement and First Grant Contribution J. I, [Instruction: insert the name of a person named in the certificate of incumbency and authority], the JInstruction: insert the title], of the Municipality certify and confirm that the Municipality is requesting the Disbursement and First Grant Contribution and that the Municipality has satisfied each of the conditions of disbursement listed in this table. I am placing a check mark to the left of each row to demonstrate that the Municipality has met each condition, by providing the required confirmation, information or documentation. The Project conforms to the Project description contained in Part 1 of Schedule A of the ❑ Agreement. The total costs (Eligible Costs plus other costs) of the Project for the period beginning April 1, 0 2010 and ending on the date on which the Project was Substantially Performed are Instruction: insert dollar amount . The Municipality satisfied the following additional conditions, imposed by the FCM board of 0 directors: No additional conditions imposed. I am attaching to this request for disbursement (check all): O a copy of the Certificate of Incumbency and Authority in the form of Schedule C. O a Legal Opinion (external or internal) in the form of Schedule D. 0 O a copy of the Authorizing Resolution as required by Article 5 of the Agreement. O a document, prepared by a qualified professional (e.g. engineer, architect) confirming that the Project was Substantially Performed on [Instruction: insert the date]. 26 of 60 187 z7 of 60 0 confirmation of compliance with section 6.01(k)(iv) of the Agreement. O an updated Part 3 of Schedule A that shows the final sources of funding as it relates to the total project costs provided above. O the Financial Audit in the form of Schedule E (Audit Report and Statement of Expenses). O a Project Completion Report in the form of Schedule G, that FCM can post on its public website, which does not infringe a third party's copyright and does not contain any Confidential Information OR two Project Completion Reports (one that contains Confidential Information and the other one that can be posted on FCM's public website) O at least one photo demonstrating that the Municipality posted Signage in accordance with Schedule I. The Municipality has obtained, or has made other arrangements satisfactory to FCM for obtaining, all approvals, consents, authorizations and licences that are required under the laws ❑ of the Province of New Brunswick and of Canada in order for the Municipality to enter into and comply with this Agreement and to undertake and complete the Project. The representations and warranties confirmed or made in the Agreement with respect to the Municipality will be true on and as of the Disbursement Date (date that the New Brunswick Municipal Finance Corporation advances the loan to the Municipality) and First Grant ❑ Contribution Date (same date as the Disbursement Date) with the same effect as though such representations and warranties have been made on and as of the Disbursement Date and First Grant Contribution Date. All covenants and other obligations of the Municipality in the Agreement to be performed or ❑ complied with as of the Disbursement Date and First Grant Contribution Date have been performed or complied with as of the Disbursement Date and First Grant Contribution Date. No act or event does or may materially and adversely affect the Project or the ability of the ❑ Municipality to perform its obligations under the Agreement and the Project or any of its other obligations that are material to the Municipality has occurred. ❑ No Event of Default with respect to the Municipality has occurred and is continuing. All of the conditions contained in Article 6 of the Agreement, to be performed or satisfied by ❑ the Municipality on the Disbursement Date and First Grant Contribution Date have been performed or satisfied. If any confirmation, information or documentation provided with this table is not true and ❑ correct as of the Disbursement Date and First Grant Contribution Date, the Municipality will immediately notify FCM prior to the making of the payment by FCM. The Municipality agrees that all of the conditions listed in this table must be completed to the ❑ satisfaction of FCM and that all capitalized terms have the meaning attributed to them in the Agreement. z7 of 60 Signature: Date: [Instruction: use the following if you're requesting the final grant contribution] Final Grant Contribution I, [Instruction: insert the name of a person named in the certificate of incumbency at authority], the [Instruction: insert the title], of the Municipality certify and confirm that the Municipality is requesting the Final Grant Contribution and that the Municipality has satisfied each condition of contribution listed in this table. I am placing a check mark to the left of each row to demonstrate that the Municipality has met each condition, by providing the required confirmation, information or documentation. The Municipality would like to receive the funds on [Instruction: The Municipality would like the funds to be disbursed (pick one option): O to the following account: Name of Bank: Address of Bank: Telephone no. of Bank: XXX- XXX -XXXX ❑ Bank no.: XXX [3 Digits] Transit no.: XXXXX [5 Digits] to the credit of Municipality's Account no.: OR 0 by cheque payable to the Municipality, sent to the following address to the attention of I am attaching the Environmental Results Report in the form of Schedule H, verified by a 0 qualified third party acceptable to FCM, that FCM can post on its public website, which does not infringe a third party's copyright and does not contain any Confidential Information. 0 The Project conforms to the Project description set out in Part 1 of Schedule A of the Agreement. The Municipality satisfied the following additional conditions, imposed by the FCM board of ❑ directors: No additional conditions imposed. Certificate of Incumbency and Authority (pick one): 0 there are no changes to the Certificate of Incumbency and Authority in the form of D Schedule C; or O I am attaching an updated Certificate of Incumbency and Authority in the form of 28 of 60 29 of 60 190 Schedule C. The Municipality has obtained, or has made other arrangements satisfactory to FCM for obtaining, all approvals, consents, authorizations and licences that are required under the laws ❑ of the Province of New Brunswick and of Canada in order for the Municipality to enter into and comply with this Agreement and to undertake and complete the Project. The representations and warranties confirmed or made in the Agreement with respect to the ❑ Municipality will be true on and as of the Final Grant Contribution Date with the same effect as though such representations and warranties have been made on and as of the Final Grant Contribution Date. All covenants and other obligations of the Municipality in the Agreement to be performed or ❑ complied with as of the Final Grant Contribution Date have been performed or complied with as of the Final Grant Contribution Date. No act or event does or may materially and adversely affect the Project or the ability of the ❑ Municipality to perform its obligations under the Agreement and the Project or any of its other obligations that are material to the Municipality has occurred. ❑ No Event of Default with respect to the Municipality has occurred and is continuing. ❑ All of the conditions contained in Article 6 of the Agreement, to be performed or satisfied by the Municipality on the Final Grant Contribution Date have been performed or satisfied. If any confirmation, information or documentation provided with this table is not true and ❑ correct as of the Final Grant Contribution Date, the Municipality will immediately notify FCM prior to the making of the payment by FCM. The municipality agrees that all of the conditions listed in this table must be completed to the ❑ satisfaction of FCM and that all capitalized terms have the meaning attributed to them in the Agreement. Signature: Date: 29 of 60 190 SCHEDULE C Form of Certificate of Incumbency and Authority [LETTERHEAD OF THE MUNICIPALITY] [Address] [Date] Federation of Canadian Municipalities 24 Clarence Street Ottawa, Ontario KIN 5P3 Attention: Ms. Nathalie Lapointe Project Officer - Contracts Ladies and Gentlemen: Re: Green Municipal Fund — Project No. 10096 Loan and Grant Agreement between the Federation of Canadian Municipalities (as Trustee) and The City of Saint John ( "Municipality ") (the "Agreement ") Certificate of Incumbency and Authority I, J. Patrick Woods, City Manager of The City of Saint John, with the authority of its municipal council, hereby certify that the following are the names, offices and true specimen signatures of the persons, any one of whom is and shall continue to be (until you receive authorized written notice from the Municipality that they, or any of them, no longer continue to be) authorized: to sign on behalf of the Municipality a Request for Loan Disbursement and/or a Request for Grant Contribution provided for in the Agreement; to sign the agreements, certificates and other instruments provided for in the Agreement; and to take, do, sign or execute in the name of the Municipality, any other action required or permitted to be taken, done, signed or executed under the Agreement and under any other agreement to which you and the Municipality are parties: No. Name 1. Hilary Nguyen 2. Samir Yammine Specimen Signature Yours truly, The City of Saint John Office Assistant Comptroller Energy Manager per: J.Patrick Woods, City Manager, Authorized Representative* I have authority to bind the Municipality herein 191 30 of 60 SCHEDULE D Form of Legal Opinion [LETTERHEAD OF MUNICIPALITY'S COUNSEL] [Address] [Date] Federation of Canadian Municipalities 24 Clarence Street Ottawa, Ontario KIN 5P3 Attention: Ms. Nathalie Lapointe Project Officer - Contracts Ladies and Gentlemen: Re: Green Municipal Fund — Project No. 10096 Loan and Grant Agreement between the Federation of Canadian Municipalities (as Trustee) and The City of Saint John ( "Municipality ") (the "Agreement ") We have acted as counsel for the Municipality in connection with the loan and the grant which you have agreed to extend to the Municipality subject to the provisions of the Agreement. In acting as such counsel, we have examined the following documents: 1. the Agreement; 2. such other records and documents as we have deemed necessary or appropriate for the purposes of this opinion. Based upon the foregoing, we are of the opinion that: The Municipality: (i) is duly established, validly existing and in good standing under the laws of the Province of New Brunswick, and (ii) has the power to enter into and perform its obligations under the Agreement. The execution, delivery and performance by the Municipality of the Agreement has been authorized by all necessary action on the part of the Municipality. The Agreement has been duly executed and delivered by the Municipality. 4. The resolution of the Municipality authorizing the Project and this Agreement (the "Authorizing Resolution ") has been enacted and passed by its council in full compliance with the relevant statute(s) at a meeting at which a quorum was present. Forthwith after the passage of the Authorizing Resolution the same was signed by the head of council and by the clerk and sealed with the municipal seal of the Municipality. The execution, delivery and performance by the Municipality of the Agreement does not and will not constitute or result in a violation or a breach of, or a default under the laws of the Province of New Brunswick and of Canada applicable therein. 31 of 60 192 No authorization, consent or approval of, or filing, registration or recording with, any governmental authority having jurisdiction in Province of New Brunswick is required in connection with the execution, delivery or performance by the Municipality of the Agreement, other than authorizations, consents and approvals which have been obtained or filings, registrations or recordings which have been made. The Agreement constitutes a legal, valid and binding obligation of the Municipality enforceable against it in accordance with its terms. Yours truly, [Signature of Counsel] 193 SCHEDULE E Audit Requirements Part 1: Scope of Financial Audit The scope of the Financial Audit must involve the following: 1. The Eligible Costs were incurred for the purposes set out in the Agreement in amounts that are reasonable and eligible for reimbursement according to the terms and conditions of the Agreement and are supported by proper documentation. In order to be eligible for reimbursement, all expenses listed in the Statement of Expenses must: (a) qualify as "Eligible Costs" as defined in Part 2 of Schedule A to this Agreement and (b) have been incurred on or after April 1, 2010. 2. The auditors must use the Form of Audit Report attached as Part 2 of this Schedule E. 3. The auditors must provide adjustments as required by Part 3 of this Schedule E. 33 of 60 194 SCHEDULE E Audit Requirements Part 2: Form of Audit Report [LETTERHEAD OF MUNICIPALITY'S AUDITOR] [Address] [Date] Federation of Canadian Municipalities 24 Clarence Street Ottawa, Ontario KIN 5P3 Attention: Ms. Nathalie Lapointe Project Officer - Contracts Ladies and Gentlemen: Re: Green Municipal Fund — Project no. 10096 We have audited the accompanying statement of expenses of the Municipality of (the "Municipality ") relating to GMF - Project no. 10096 (the "Statement of Expenses ") for the XXXX -month period [Instruction Insert no. of months needed by the Municipality to complete the Project] from XXX day of XXXX 20OX to XXX day of XXXYX, 20OX prepared by management based on the Loan and Grant Agreement between the Federation of Canadian Municipalities ( "FCM ") as Trustee and the Municipality (the "Agreement "). Management's Responsibility for the Statement of Expenses Management is responsible for the preparation of the schedule in accordance with the Agreement, and for such internal control as management determines is necessary to enable the preparation of the schedule that is free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express an opinion on the schedule based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the schedule is free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the schedule. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the schedule, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation of the schedule in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the schedule. 34 of 60 195 We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, the financial information in the statement of expenses of the Municipality for the XXXX- month period [Instruction: Insert no. of months needed by the Municipality to complete the Project] from XXX day of 2XXXXz 20QX Ig XXX day of XXXXX, 20OX is prepared, in all material respects, in accordance with the Agreement. Basis of Accounting and Restriction on Distribution Without modifying our opinion, we draw attention to note to the schedule, which describes the basis of accounting. The schedule is prepared to assist the Municipality to comply with the reporting requirements of the Agreement. As a result, the schedule may not be suitable for another purpose. Our report is intended solely for FCM and management of the Municipality and should not be distributed to parties other than FCM and the Municipality. (To be signed by the Auditor) 196 35 of 60 SCHEDULE E Audit Requirements Part 3: Form of Statement of Expenses Green Municipal Fund — Project No. 10096 Loan and Grant Agreement between the Federation of Canadian Municipalities (as Trustee) and The City of Saint John ( "Municipality ") (the "Agreement ") Eligible Costs' for the period beginning April 1, 2010 and ending XXXX, XXXX, 20OX Yours truly, The City of Saint John by XXXXX, Authorized Representative* *As named in the Municipality's last Certificate of Incumbency and Authority ' In order to be eligible for reimbursement, all expenses listed in the Statement of Expenses must qualify as "Eligible Costs" as per Part 2 of Schedule A. 36 of 60 197 Claimed amounts Adjustments Audited Amounts Administrative Advertising Audit Capital Costs (provide details): [item] [item] [item] Total Capital Costs Equipment Meeting and Public Gathering Services Transportation, Shipping and Courier Charges Travel and Accommodation Sub -total Eligible Costs In -Kind (maximum 10% of other Eligible Costs Total Eligible Costs Yours truly, The City of Saint John by XXXXX, Authorized Representative* *As named in the Municipality's last Certificate of Incumbency and Authority ' In order to be eligible for reimbursement, all expenses listed in the Statement of Expenses must qualify as "Eligible Costs" as per Part 2 of Schedule A. 36 of 60 197 SCHEDULE F Form of Project Progress Report REQUIREMENT: Please submit your Project Progress Report by e -mail to the GMF Project Officer. • You are required to submit this report before the date that is half way between the date on which the Agreement was signed and the Project Completion Date indicated in the Agreement. For example, if the Agreement is signed on January 1, 2011, and the Project Completion Date indicated in the contract is January 1, 2013, you must submit this report before January 1, 2012. At the time when you request the loan disbursement, you will submit a Project Completion Report (see Schedule G). • You are also required to submit this report any time that FCM requests that you submit a Project Progress Report. PURPOSE: Your Project Progress Report has two main purposes: 1. Project tracking: This report enables FCM to confirm that your project is proceeding as planned, or to be informed of any unforeseen delays. 2. Knowledge sharing: FCM shares the lessons and expertise gained through GMF - funded initiatives with other communities across Canada. The findings and lessons learned documented in your Project Progress Report could be valuable for other municipal governments that are seeking to address sustainability issues in their own communities. FCM may wish to supplement this information through an interview with the Project lead. COPYRIGHT: Because we may post your report on our website, you must hold the copyright to the reports that you submit to us. This means that you own all the rights in the report and can decide who is allowed to reproduce and distribute it. CONFIDENTIALITY: If your report contains any confidential information that you would prefer not be made available to the public (e.g. through a case study or other materials produced by FCM that relate to your project), please submit two versions of the report: 1. Complete report including confidential information: Please clearly label this report with the word "Confidential" or similar wording and FCM will treat it as confidential. 2. Abridged report excluding confidential information: This report may be posted on the FCM website and otherwise made available to interested third parties, to help FCM meet its knowledge sharing objectives. CONTENT OUTLINE: Your Project Progress Report should be approximately one to two pages long and include the information below. Note: You may request a Microsoft Word version of this report from the GMF Project Officer. 37 of 60 • m Project information GMF number: Name of funding recipient: Project title: Date of Project Progress Report: Project status 1. Please summarize the activities completed so far and indicate the activities currently in progress, as per Schedule A. Note: If you have previously submitted a Project Progress Report (for projects with multiple disbursements), your summary should build on the information you included in your previous report. 2. Have there been any significant changes, or do you anticipate any significant changes, to the scope or costs of the Project as described in the Agreement or in a previously submitted Project Progress Report (if applicable)? If so, please indicate how the scope will change and, in general terms, how the changes will affect the environmental benefits you aim to achieve and the budget (e.g. increase or decrease; no precise figures required). 3. When do you expect to complete the Project (month/year)? Is this the same date as the Project Completion Date indicated in Article 2 of the Agreement? Lessons learned to date 1. Have you begun to implement any new technology or new approach (e.g. full -cost accounting)? Are there any benefits or drawbacks in using this new technology or approach that you have identified to date? 2. What barriers have you encountered so far and what solutions have you implemented to address them? 3. If you were planning this type of Project again, what would you do differently, knowing what you know now? 4. Do you have a Project champion who has been instrumental to the Project to date? If so, please include his or her name, title and contact information, and describe his or her role in the Project. 5. What advice would you give to someone in another community undertaking a similar project? Photos and materials FCM includes project photos and links to project materials in GMF case studies, website content, and other vehicles. 1. Identify and attach any materials resulting from the Project to date that would be useful to share with other communities, such as checklists, toolkits, guidelines, bylaws, videos or information brochures. If the material is available on your website, simply include the link to it. For example, a water metering Project might result in a new municipal water use bylaw, or a series of householder information brochures or online video clips on ways to reduce water use. 38 of 60 199 2. Attach any high - quality photographs of the Project if you have taken any to date. Where possible, include photos that feature people in action. The photos must be in jpeg or tiff format and at least 300 dpi (up to 10 MB /10,000 KB but no smaller than 1 MB /1,000 KB in file size). For each photo, please include: a) A caption describing what is featured in the photo. b) A photo credit that indicates who owns the copyright to the photo and the photographer (e.g. (D 2010, City of Ottawa/Madison Brown). c) A written release signed by the individuals depicted in the photo granting FCM permission to use the images. Please request an FCM Photo Consent Form from the GMF Project Officer. 200 SCHEDULE G Form of Project Completion Report REQUIREMENT: You must submit a Project Completion Report as a condition of the Disbursement by e- mail to the GMF Project Officer. PURPOSE: Your Project Completion Report has two main purposes: 1. Project tracking: This report enables FCM to confirm that your project was completed as anticipated upon approval of your application. 2. Knowledge sharing: FCM shares the lessons and expertise gained through GMF - funded initiatives with other communities across Canada. The findings and lessons learned documented in your Project Completion Report could be valuable for other municipal governments that are seeking to address sustainability issues in their own communities. One way FCM shares the findings and lessons learned is by posting your reports on our website. Your report will also assist FCM in producing other materials related to your project, including a GMF case study. Note: You are required to submit a separate report on the environmental results of your Project. See Schedule H, Environmental Results Report, for more information. COPYRIGHT: Because we may post your report on our website, you must hold the copyright to the reports that you submit to us. This means that you own all the rights in the report and can decide who is allowed to reproduce and distribute it. CONFIDENTIALITY: If your report contains any confidential information that you would prefer not be made available to the public (e.g. through a case study or other materials produced by FCM that relate to your project), please submit two versions of the report: 1. Complete report including confidential information: Please clearly label this report with the word "Confidential" or similar wording and FCM will treat it as confidential. 2. Abridged report excluding confidential information: This report may be posted on the FCM website and otherwise made available to interested third parties, to help FCM meet its knowledge sharing objectives. CONTENT OUTLINE: Your Project Completion Report should be approximately 8 to 15 pages long; some reports may be longer or shorter depending on the complexity of the Project. While there are no maximum word counts for each section, the most pertinent section of the report Lessons Learned should be given more weight. Because your report may be read by non - technical municipal staff and similar readers, please assume a low to moderate level of technical knowledge and a preference for clear, direct and focused writing. Use simple language, and explain any highly technical terms or acronyms that are used. Your Project Completion Report should include the information below. Note: You may request a Microsoft Word version of this report from the GMF Project Officer. 40 of 60 201 Project information GMF number: Name of funding recipient: Project title: Date of Project Completion Report: Project implementation 1. How long did it take to complete the Project, from the time it began (initial planning) to the time it was completed? 2. Were members of the community involved in the Project (e.g. through a public participation exercise)? If so, how, and what was the impact of their involvement? 3. Was the Project implemented as outlined in the contract? If there were substantial changes to the implementation plan, please identify them and explain why they happened (e.g. bad weather delays, labour strife, challenges getting the new system to operate correctly, etc.). Describe the effects of any changes on the Project (e.g. higher overall costs, less time allotted for a particular stage of the Project, more staff training required, etc.). Economic and social benefits Note: Environmental benefits are reported in a separate Environmental Results Report. 1. If known, describe the economic benefits your Project has achieved to date. If the economic benefits are not yet known, briefly describe any economic benefits that you anticipate will emerge from the Project. Examples include: • Increased return on investment • Decrease in facility operating or maintenance costs • Extended lifespan for facility (e.g. landfill, wastewater treatment plan, recreation centre) • Increased property tax revenues • Stimulus for local economy • Lower healthcare costs • Increased employment options or job retention • Increase in transit ridership 2. If known, describe the social benefits your Project has achieved to date. If the social benefits are not yet known, briefly describe any social benefits that you anticipate will emerge from the Project. Examples include: • Improvements to public health • Improvements to public safety • Improvements to community quality of life • Increased employment options or job retention • Increased opportunities for community engagement • Increased public education or awareness • Community revitalization • New housing and infrastructure • New or enhanced public space or public facilities 41 of 60 202 • Reduced urban sprawl • Increased civic pride and participation • Reduced opportunities for crime Lessons learned Lessons learned refer to knowledge gained from the Project that can be applied to other situations. This knowledge can be acquired through positive experiences (i.e. what worked or went well, and could serve as a model for future projects) or negative experiences (i.e. what didn't work, or went poorly, and so could try to be avoided in future projects). Lessons learned can help those in other municipalities interested in addressing similar issues in their own communities. One way of thinking about lessons learned is to group them into barriers and solutions. • Barrier: A barrier is anything that hinders a result that is being sought, and can take many forms. For example, barriers can be behavioural (e.g. "Not in My Backyard" or political disinterest); legislative (e.g. provincial planning act or municipal bylaw); financial (e.g. unaffordable costs or lack of financing); technological (e.g. unable to find local suppliers); situational (e.g. a pre- existing low - density development). The identification of a barrier is a type of lesson learned. • Solution: A solution is any strategy that can be taken to surmount a barrier. Solutions are as varied as the obstacles they surmount. A solution can be behavioural (e.g. providing education to encourage change in views and behaviours); legislative (e.g. passing a bylaw permitting secondary suites); financial (e.g. offering low- interest loans), technological (e.g. validating test results on a municipality's own water source) and so on. The identification of a solution is a type of lesson learned. 1. What did you find worked well during the project? 2. What barriers did you encounter and what solutions did you implement to address them? 3. What knowledge did you gain from conducting this project? (e.g. "geothermal energy is not cost - effective in buildings under X square metres" or "biomass can't compete with natural gas unless gas prices rise above X" or "community consultation is more effective if the city circulates proposals in advance, rather than offering citizens a blank slate." Where possible and applicable, include technical lessons from which other municipalities may benefit. 4. Did you use any new technology or new approach (e.g. full -cost accounting) in the course of the Project? Were there any benefits or drawbacks in using this new technology or approach? 5. Have the lessons you learned from this project influenced any of your policies, plans or other activities? 6. Do you have a Project champion who was instrumental to the Project? If so, please include his or her name, title and contact information, and describe his or her role in the Project. 7. If you were planning this type of Project again, what would you do differently, knowing what you know now? 8. What advice would you give to someone in another community undertaking a similar project? 42 of 60 203 Next steps 1. Describe how you intend to build on the results of the Project. If possible, include the month and year of anticipated activities. Publicity 1. Briefly describe any recognition, media coverage, awards, or public support the Project has received. Photos and materials FCM includes project photos and links to project materials in GMF case studies, website content, and other vehicles. 1. Identify and attach any materials resulting from the Project that would be useful to share with other communities, such as checklists, toolkits, guidelines, bylaws, videos or information brochures. If the material is available on your website, simply include the link to it. For example, a water metering Project might result in a new municipal water use bylaw, or a series of householder information brochures or online video clips on ways to reduce water use. 2. Attach five high - quality photographs of the Project. Where possible, include photos that feature people in action, illustrate the progress of the project, or feature "before" and "after" perspectives. The photos must be in jpeg or tiff format and at least 300 dpi (up to 10 MB /10,000 KB but no smaller than 1 MB /1,000 KB in file size). For each photo, please include: a) A caption describing what is featured in the photo. b) A photo credit that indicates who owns the copyright to the photo and the photographer (e.g. © 2010, City of Ottawa/Madison Brown). c) A written release signed by the individuals depicted in the photo granting FCM permission to use the images. Please request an FCM Photo Consent Form from the GMF Project Officer. 43 of 60 204 SCHEDULE H Form of Environmental Results Report The Environmental Results Report (ERR) has two parts. Part 1 consists of a plain - language summary of the environmental benefits and co- benefits of the project (and the social and economic benefits, if known), as well as a description of the lessons learned from the operation of the project (as opposed to the lessons learned from the construction of the project). Part 2 consists of documenting analytical data in the Environmental Analytical Results Indicator Tables to quantify the actual environmental benefits and impacts of the project. You must enter data for indicators listed in Schedule A, part 1. Include other (optional) indicators if the data is collected. PART 1: SUMMARY AND LESSONS LEARNED OF THE PROJECT The suggested length for Part 1 of this report is two to three pages single- spaced. (Part 1 can be longer or shorter, depending upon the complexity of the project.) 1. In plain language, describe the actual environmental benefits the project achieved based on its operation. If there are any environmental co- benefits (i.e., if there is more than one environmental benefit), describe the results of any co- benefits as well. 2. If known, describe any social benefits achieved by the completion of the project. 3. If known, describe any economic benefits achieved by the completion of the project. 4. Please describe the lessons learned, and provide any other advice that might assist others interested in undertaking similar projects in their own communities. • What lessons have been learned from the operation of the project? • If applicable, explain why anticipated results have not been achieved and what could have been done differently to improve the performance of the project. 5. Please comment on the ease or difficulty of measuring and reporting on the environmental parameters required in Part 2 of this report. a. Were the measures difficult or expensive to obtain (e.g., did the ERR take a lot of staff time to fill out or did you require outside expertise to collect the information? Were you already collecting this information? Did the ERR require special tools or software, etc)? b. Would you report on these parameters for your own purposes, if it were not required by GMF? c. What suggestions do you have, if any, to make the ERR easier to complete by future recipients of GMF funding? PART 2: ENVIRONMENTAL ANALYTICAL RESULTS TABLES The Recipient must provide, based on twelve (12) consecutive months of operation unless specific exception, Environmental Analytical Results Indicator Tables based on a measurement and verification report (or equivalent) prepared by a third -party environmental consultant to interpret the actual environmental benefits achieved by the project. Reference documents that form the basis of data reported in the tables (e.g. any engineering or environmental studies, modeling assumptions, technical specifications or literature, and measurement or estimation techniques details) must also be provided or, at least, thoroughly identified and referenced. In the tables, please summarize the anticipated and actual environmental benefits and co- benefits listed in Schedule A, part 1 as per the indicators listed below. You may include other indicators if the data is collected. 44 of 60 205 Each indicator table includes columns to record: 1) The baseline or business as usual case 2) The anticipated results of the project as compared to the baseline 3) A revised baseline 4) A revised anticipated result 5) An actual result The columns corresponding to 1) and 2) above should be filled out with the data found in Schedule A Part 1. Columns corresponding to 3) and 4) above will usually be filled in identically to columns 1) and 2). In the event that the baseline and/or the anticipated result have changed due to unforeseen circumstances or more accurate information that has been discovered since the time of application, the columns corresponding to 3) and 4) above can be used to record this information. Please note that these revisions are only intended to reflect changes external to the scope of the project which may influence the measurement. Examples include: A significant increase / decrease in population in a project which intends to influence a per- capita measurement yet reports results as a total (waste diverted, water consumption, waste water production, etc.) Exceptionally unusual weather which causes a departure from an energy model completed pre - project that was based on historical weather Columns corresponding to 5) above should be filled with actual results achieved by the project. Indicator — Enerev consumption This indicator reflects the change in the amount of energy consumed including electricity from the grid, renewable and non - renewable energy. Changes in energy consumption result from actions to increase energy efficiency or avoid usage. Anticipated and actual results are expressed in gigajoules (GJ). Source units (kWh, m3, tonnes, etc.) must be converted to gigajoules for inclusion into the summary table. The unit converter at the following link may be used to convert source units to GJ: http: / /oee.nrcan. Rc.ca /commercial /technical- info /tools /gigajoule.cfm This indicator also reflects the amount of greenhouse gases (GHGs) released from energy use. Actual results are expressed in kilograms of carbon dioxide equivalent per year (kg COze /year). Emissions factors should be equivalent to those used at the time of application (see Schedule A part 1), however if under any circumstances (a fuel source not - contemplated in the application is used in the project, for example) a new emissions factor must be introduced it should come from a recognized source, examples are provided below: List of emission factors for fuel combustion: http://www.ec.gc.ca/ges-ghg/default.asp?lang=En&n=AC2B7641-I List of emission factors for electricity generation per province http: / /www.ec.gc.ca/ges --ghg/ default .asp ?lang= En &n= EAFOE96A -1 #section6 45 of 60 206 Specific to Energy Efficiency in Buildings. Baseline and Actual: Depending on whether an existing building is upgraded or a new one constructed, the establishment of the baseline and measurement of actual results will vary; The baseline for existing buildings that are the subject of energy efficiency upgrades should be the actual energy usage prior to the project. The actual results should be the actual measured energy usage after project completion. The baseline for new construction, or for existing buildings that, as part of the Project, undergo significant changes in utilization, size, or other factors can be established by a simulation of an equivalent building constructed per the MNECB. The actual results can be estimated through the use of a model with confirmation that the building was built as per the design of this model. Projects seeking the M &V (measurement and verification) credit specified in the LEEDTM rating system are required to carry out monitoring activities for measuring actual results. Therefore, recipients should use data of such reports used to fulfill LEEDTM requirements, or equivalent, to prepare this environmental results report. Energy Consumption: Part I Energy Sources and Consumption stem Measured "e Sour ctrici a c- Baseli onsu n re Pro nticipated Energy o nsumptio n After Project completion GJ /yr r E Revis Baseli (if applica GJ/ G H Revised Actual After Net nticipated Net Actual Project Anticipated (if Reduction Completion Reduction pplicable) GJ /yr GJ /y GE /Fr EJ /Gr Natural Gas, solar, etc.) '1[kg Factor Baseline C kgC Anticipated Completion , Reduction Reduction RB� -p/yr. ®®®®®® LEED .. Police Headquarters -®®®®® -®®®®® LEED Gold Police Headquarters Energy Consumption: Part II Greenhouse Gas Impacts stem Measured Energy So (e.g.Electrici rw K Emissions Adjusted L Adjusted M Actual After Project N O Net Net Actual Anticipated Natural Gas, solar, etc.) '1[kg Factor Baseline C kgC Anticipated Completion , Reduction Reduction RB� -p/yr. ®®®®®® LEED .. Police Headquarters -®®®®® -®®®®® ac oi'60 207 Indicator — Quantity of water consumption This indicator reflects the change in the total volume of water used. This indicator is expressed in M3 /year water consumption savings. Depending on the project, adjustments and calculations may be required to express the results in m3 /yr. Population figures (pre -post and during project implementation) or other factors may be applied as necessary to normalize the baseline, anticipated, and actual results when expressed as m3 /yr. Additional text, tables and/or charts should be used to describe the conversion of source units and conversions to m3 /yr. Water Consumption Water Cons umptionin 3263 2023 (A) or Adjusted (B) or Adjusted Amount Amount m3 /vear o (C - D) I (C -E) 47 of 60 SCHEDULE I Project Signage Specifications 1. Signage during construction or implementation The Municipality must affix signage, in content, form and manner acceptable to FCM, recognizing GMF and GoC assistance, wherever other funders are recognized during the construction or implementation phase. This may include signage at construction sites or on vehicles and equipment. This should be done through use of the FCM Green Municipal Fund logo. 2. Signage after construction or implementation The Municipality must affix permanent signage, in content, form and manner acceptable to FCM, recognizing GMF and GoC assistance. This may take the form of an appropriately placed plaque on buildings accessible to the public, or decals or other lettering on vehicles or equipment visible to the public. The signage must be made of a durable material suitable to weather exposure. The signage must include the FCM Green Municipal Fund logo combined with the text below. The logo should be at least fifteen centimetres wide. The text must be at least 40 -point font. This project was carried out with assistance from the Federation of Canadian Municipalities' Green Municipal Fund, an endowment created by the Government of Canada. Ce projet a ete realise grace au soutien and/ financier du Fonds municipal vent, une or dotation du gouvernement du Canada a la Federation canadienne des municipalites. 3. Use of the FCM Green Municipal Fund logo High- resolution logos will be supplied by FCM staff. The logo must never be reproduced less than four centimetres wide. Colour signage is not required, but where colour is used, the official FCM Green Municipal Fund corporate colours must be applied. FCMFEDERATION FEDERATION OF CANADIAN CANADIENNE DES MUNICIPALITIES MUNICIPALITES GREEN MUNICIPAL FUND FONDS MUNICIPAL VERT 4. Questions FCM's Green Municipal Fund supports many types of initiatives. These guidelines may not anticipate all potential forms of recognition. To discuss specific applications of these guidelines, please contact GMF at 613 - 907 -6208 or at gmf @fcm.ca. 48 of 60 209 �Yy_i- �11i1.1[�IUJ NBMFC Steps Note: This document is a signed contract between FCM and NBMFC, which explains the relationship between FCM, NBMFC and New Brunswick municipalities and the responsibilities of FCM and NBMFC in this transaction. This borrowing process agreement is dated September 28`h, 2010, and is between the FEDERATION OF CANADIAN MUNICIPALITIES, a federal corporation ( "FCM ") and the NEW BRUNSWICK MUNICIPAL FINANCE CORPORATION ( "MFC "), a body corporate established by the New Brunswick Municipal Finance Corporation Act, Chapter N -62 of the Revised Statutes of New Brunswick (the "Act "). FCM is the trustee of the Green Municipal Fund ( "GMF "), established by the Government of Canada to assist municipalities in Canada with municipal environmental projects. MFC provides financing for municipalities and municipal enterprises in New Brunswick through a central borrowing authority. FCM has agreed to provide GMF loans to MFC, to enable MFC to lend the funds to New Brunswick municipalities and municipal enterprises, which have been approved for GMF funding. FCM will provide GMF grants directly to New Brunswick municipalities and municipal enterprises without involving MFC. The parties agree as follows: 1. Application to Municipal Capital Borrowing Board ( "MCBB ") Prior to submitting an application to FCM, a New Brunswick municipality, or a New Brunswick municipal enterprise as defined in the Act (collectively the "Municipality" or "Municipalities "), shall submit an application for authorization to borrow to the MCBB. The Municipality shall indicate in its submission to the MCBB the amount it is seeking in the form of a loan and any grant it might also be requesting from FCM. The City of Saint John is exempt from MCBB approval. 2. Application to FCM Once the authorization has been received from the MCBB, the Municipality shall submit an application to FCM. The authorization by the MCBB must be included in the application submitted to FCM. 3. Letter of funding approval from FCM FCM will send MFC, for information only, a copy of the letter that FCM sends to the mayor of each Municipality that it agrees to fund. The letter will specify the amount of the loan and, if applicable, the amount of the grant. 4. Project agreement with FCM A project agreement between FCM and the Municipality (the "Agreement ") will be signed for a project that has been approved for GMF funding. The Agreement will include the amount, term and conditions of the loan and, if applicable, of the grant. All documents required to be submitted with respect to the loan and, if applicable, of the grant, will also be noted in the Agreement. 49 of 60 210 5. Application to FCM by a Municipality for disbursement of the loan When the project is completed, the Municipality will submit to FCM a request for disbursement of the loan accompanied by evidence that it has satisfied all the conditions of disbursement of the loan set out in the Agreement. Within 30 days of receiving a request for disbursement of the loan, FCM will verify whether the Municipality satisfied all of the conditions of disbursement of the loan set out in the Agreement and if it has, FCM will calculate the exact amount of the loan (the "Principal Amount of the Loan "), based on the eligible costs that the Municipality incurred for the project. FCM will then send a letter to the Municipality confirming the term and Principal Amount of the Loan. FCM will send a copy of the letter to the Director Community Finance, Department of Local Government, Province of New Brunswick and to the Managing Director Banking and Cash Management, New Brunswick Municipal Finance Corporation. The sole purpose of sending a copy of the letter to MFC is to provide MFC with the amount and term of the approved loan. 6. Application by Municipality to MFC At least twice a year, MFC will contact all the Municipalities for which FCM has given a letter to MFC (in accordance with section 5) to request that these Municipalities submit their applications for financing to MFC before a date specified by MFC. 7. Notice of MFC's intent to disburse to the Municipality MFC will inform FCM in writing of the date that it will advance the Principal Amount of the Loan to the Municipality or Municipalities, as applicable (the "Disbursement Date "). For greater clarity, the Principal Amount of the Loan for each Municipality will be the same as the one contained in the letter referred to in section 5. FCM will require a 30 -day notice of the Disbursement Date and will acknowledge the Disbursement Date in writing to MFC. 8. Determination of interest rate by FCM (a) For three -year, five -year and ten -year loans, FCM will determine the annual base interest rate as follows: the Government of Canada benchmark bond yield for the term of the loan as set out in the Agreement in effect sixteen (16) Business Days immediately preceding the Disbursement Date (which yields will be shown on the website of the Bank of Canada currently at www.bankofcanada.ca). For clarity, for a three - year loan, the three -year Government of Canada benchmark bond will be used, for a five -year loan, the five -year Government of Canada benchmark bond will be used and for a ten -year loan, the ten -year Government of Canada benchmark bond will be used. FCM will then deduct one and one -half percent (1.5 %) per annum from the annual base rate to determine the effective interest rate. The minimum effective interest rate for three -year, five -year and ten -year loans will be one and three- quarters percent (1.75 %) per annum. (b) For 20 -year loans, FCM will determine the annual base rate of interest as follows: the average of (i) the Government of Canada ten (10) year benchmark bond yield and (ii) the long -term Government of Canada benchmark bond yield both in effect sixteen (16) Business Days immediately preceding the Disbursement Date (which yields will be shown on the website of the Bank of Canada currently at www.bankofcanada.ca). FCM will then deduct one and one -half percent (1.5 %) per annum from the annual base rate to determine the effective interest rate. The minimum effective interest rate for 20 -year loans is two percent (2.00 %) per annum. (c) FCM's policies for calculating interest rates may be subject to change at the discretion of FCM with a 30- day notice to MFC. In the event that MFC considers the policies as inappropriate for determining the interest rate for a particular term for a loan, MFC will notify FCM in writing to that effect. (d) The effective interest rate(s) will be communicated in writing to MFC on the date the base rate(s) are posted on the Bank of Canada website. MFC will confirm in writing to FCM its acceptance or rejection of the rate(s) within one Business Day of receipt of the communication. MFC will reject the interest rate(s) 50 of 60 211 only if FCM makes an error when determining the effective interest rate(s) and will give FCM notice of such error. Upon receiving such notice, FCM will recalculate the effective interest rate(s) and communicate them in writing to MFC. 9. Determination of the maturity schedule by MFC MFC will prepare a maturity schedule based on the effective interest rate provided by FCM, as described in section 8, and send a draft to FCM as soon as possible. MFC will send a final maturity schedule to FCM, as described in section 10. 10. Conditions of disbursement FCM shall remit the Principal Amount of the Loan on the Disbursement Date subject to MFC providing to FCM, at least two Business Days before the Disbursement Date: (a) a copy of the MFC resolution and of the Order of the Lieutenant - Governor in Council, as set out in section 16; (b) a letter indicating the Principal Amount of the Loan to be disbursed to each Municipality (the "Letter ") in the form of Schedule A; and (c) a debenture in the amount of the Principal Amount of the Loan payable to FCM, issued by MFC and guaranteed by the Province of New Brunswick (the "Debenture ") in consideration of the funds to be received, in the form of Schedule B. The Debenture will include the maturity schedule referred to in section 9. 11. Transfer of proceeds by FCM to MFC Subject to all the documentation described in section 10 having been received by FCM from MFC and having been found satisfactory by FCM, on the Disbursement Date, FCM will transfer the Principal Amount of the Loan in consideration of the Debenture, to the bank account of MFC at: Name of Bank: Royal Bank of Canada Address of Bank: 504 Queen Street, Fredericton, New Brunswick E3B 5G1 Bank no.: 0003 Transit no.: 00884 to the credit of MFC's account no.: 122 -853 -5 and the loan reference no.: FCM XX FCM will continue to transfer funds to the same bank account unless advised of an alternate bank account by MFC in writing at least five (5) Business Days in advance of a disbursement. 12. Release of funds to Municipalities On the Disbursement Date, subject to confirmation of the receipt of the correct Loan amount from FCM MFC shall transfer to each Municipality the Principal Amount of the Loan less the standard MFC administrative fee charged by MFC. MFC shall not require the Municipality to pay a higher interest rate than the interest rate that MFC will pay to FCM, as determined pursuant to section 8. MFC shall require that the interest paid by the Municipality be calculated, accrued and paid half - yearly not in advance, from the Disbursement Date, until the loan has been repaid in full. 51 of 60 212 13. Principal and interest payments by MFC to FCM (a) Payments of principal and interest due to FCM under this borrowing process agreement shall be made by MFC to FCM's credit at: Name of Bank: Royal Bank of Canada Address of Bank: 90 Sparks Street, Ottawa, Ontario KIP 5T6 Bank no.: 003 Transit no.: 00006 to the credit of FCM's account no.: 102 -427 -2 and the Loan reference no.: GMF 10096 or as FCM may otherwise designate from time to time by notice to MFC, such notice to be given at least five Business Days before the date that a payment is due from MFC. (b) Interest at the rate determined under section 8 shall be calculated and accrued half - yearly, not in advance, from the Disbursement Date until the loan has been repaid in full as indicated in the maturity schedule. (c) MFC shall pay FCM interest half - yearly in two equal amounts, not in advance, commencing on the date that is six months subsequent to the Disbursement Date and will continue to pay interest half - yearly, not in advance, until the loan has been repaid in full as indicated in the maturity schedule. (d) MFC shall repay FCM the loan in yearly installments as indicated in the maturity schedule, commencing on the first (I') anniversary of the Disbursement Date. (e) MFC shall transfer interest and principal payments electronically to the bank account of FCM in the manner and in the amounts set forth in the maturity schedule. MFC will continue to transfer interest and principal payments to the same bank account unless advised of an alternate bank account by FCM in writing at least five Business Days in advance of a payment due date. Electronic transfers will be used for interest and principal payments unless another form of payment is agreed to by MFC and FCM. (f) Where any payment to be made or obligation to be performed under this borrowing process agreement falls on a day that is not a Business Day, the payment will be made or the obligation will be performed on the next succeeding Business Day. 14. Repayment of principal and interest by Municipalities Municipalities will make interest and principal payments on their debentures to MFC in the same manner as they do for all other debenture issues. 15. Return of Cancelled Debenture to MFC When MFC's Debenture has been repaid in full, FCM will cancel the Debenture and return it to MFC. 16. Evidence of authority to enter into the borrowing process agreement and issue MFC debentures MFC represents and warrants that is has the authority to enter into this borrowing process agreement and to issue Debentures to FCM. MFC confirms that prior to the issuance of Debentures to FCM, resolutions will be properly passed by its Board of Directors approving the issuance and sale of said Debentures. Each Debenture will be a direct, unsecured obligation of MFC that will rank equally and ratably with all other Debentures of MFC. MFC confirms that all Debentures issued by MFC are valid and legally binding obligations of MFC and are enforceable. The principal of and interest on the Debentures is guaranteed by the Province of New Brunswick. MFC shall request that the Lieutenant - Governor in Council approve the guarantee prior to the issuance of the Debentures to FCM. 52 of 60 213 17. Interest in the event of default If MFC defaults in the payment of any sum due in the manner and in the amounts set forth in the maturity schedule, MFC shall, until such overdue principal and/or interest amount(s) has/have been paid in full, pay to FCM interest on the Principal Amount of the Loan and/or interest thereon then outstanding at an annual rate that equals: (a) the annual rate provided for in section 8 plus (b) two percent (2.00 %) per annum, calculated from the date of such default. Any payment received by FCM from MFC following default in the payment of any sum due for the Principal Amount of the Loan or interest thereon by MFC shall be applied, first, to the interest incurred pursuant to this section 17 in respect of such overdue principal and/or interest amount(s), secondly, in respect of the interest on the overdue Principal Amount of the Loan and, thirdly, in respect of the overdue Principal Amount of the Loan. This section does not apply if the failure by MFC to pay is beyond its reasonable control including such events as technical difficulties such that the banks are unable to transfer funds. 18. Guarantee If MFC defaults in the payments of any sum due in the manner and in the amounts set forth in the maturity schedule, FCM will contact the Minister of Finance, Province of New Brunswick to request payment of the amount owing under the guarantee unless: (a) MFC makes the payment that is due on the same Business Day that FCM notifies MFC of the late payment, if such notification is made before 4:00 pm Fredericton local time; or (b) MFC makes the payment that is due on the Business Day following the day that FCM notifies MFC of the late payment, if such notification is made after 4:00 pm Fredericton local time. This section does not apply if the failure by MFC to pay is beyond its reasonable control including such events as technical difficulties such that the banks are unable to transfer funds. Should FCM be required to retain legal counsel to effect payment under the Debenture including the Debenture guarantee, MFC will reimburse FCM for reasonable legal costs. 19. MFC's financial commitments under this borrowing process agreement MFC's sole commitment is to borrow the funds from FCM and issue a Debenture(s) in respect thereof, to advance the funds to the Municipalities and to make payments of the amounts due and payable under the Debenture(s). For certainty, MFC will not be responsible or liable for ensuring that Municipalities meet their obligations or commitments to FCM. Any arrangements or agreement between a Municipality and FCM regarding, among other things, the use of funds to be loaned by MFC to the Municipality are solely between FCM and the Municipality. 20. Addresses for notices Any communication required to be provided in writing may be sent by e -mail with subsequent confirmation from the recipient that the information was received. 53 of 60 214 Any notices or communications to MFC should be given to the following address: New Brunswick Municipal Finance Corporation c/o Treasury Division, Department of Finance Province of New Brunswick 670 King St., P.O. Box 6000 Fredericton, New Brunswick E3B 5H1 Attn: Managing Director Banking and Cash Management E -mail Address: Catherine.mosherg ng b ca Any notices or communications to FCM should be given to the following address: Federation of Canadian Municipalities 24 Clarence Street Ottawa, Ontario K1N 5P3 Attn: Finance Manager E -mail Address: pgillen(kfcm.ca 21. Term and Termination This borrowing process agreement shall continue in force and effect for a five (5) year term from the date hereof, but may be terminated by either party upon the provision of sixty (60) days advance written notice to the other party. For certainty, termination of this borrowing process agreement will not affect MFC's obligation to make payment of the amounts due and payable under all the Debentures issued by it prior to the date of termination. 22. Business Days For the purposes of this borrowing process agreement, a Business Day is any day not falling on a week -end or on a public holiday under the laws of New Brunswick or Ontario. 23. Assignment This borrowing process agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, with the prior written consent of the other party. Notwithstanding the foregoing, FCM shall have the right to sell or transfer the Debenture or Debentures, as applicable, that it will receive from MFC, without the consent of MFC. 24. Amendment Any amendment of any provision of this borrowing process agreement, including the schedules, must be in writing and signed by both parties. 54 of 60 215 IN WITNESS WHEREOF the parties hereto have executed this agreement as of the date first written above. NEW BRUNSWICK MUNICIPAL FINANCE CORPORATION MIS Leonard Lee -White Vice - President, New Brunswick Municipal Finance Corporation I have authority to bind MFC herein FEDERATION OF CANADIAN MUNICIPALITIES Lo Onno Kremers Director, National Programs I have authority to bind FCM herein 216 55 of 60 SCHEDULE A Form of letter from MFC to FCM Federation of Canadian Municipalities Dear Sir: The purpose of this letter is to confirm to the Federation of Canadian Municipalities (the "Federation ") that the $XX,XXX,000 being borrowed from the Federation by the New Brunswick Municipal Finance Corporation (the "Corporation ") is being loaned by the Corporation to a municipality or a number of municipalities under the following terms: Borrowing Loan Municipality Amount Maturity Interest Coupons The Corporation is a body corporate established by the New Brunswick Municipal Finance Corporation Act, chapter N -6.2 of the Revised Statutes of New Brunswick and is controlled by the Province of New Brunswick (the "Province "). By borrowing the money from the Federation and lending it to the said municipality or, if more than one, to the said respective municipalities, the Corporation is meeting its object "to provide financing for municipalities and municipal enterprises through a central borrowing authority ". The Corporation's sole commitment to the Federation is to make the above - mentioned loan(s) to the said municipality or, if more than one, to the said respective municipalities and to make interest and principal payments on the money borrowed by the Corporation from the Federation as set out in the debenture (being in the form attached as Schedule A) issued to the Federation on XXXX XX, 200X. The Province's sole commitment is to guarantee the principal and interest obligations of the Corporation as set out in the aforementioned debenture. Neither the Corporation nor the Province accepts any responsibility or liability for ensuring that the said municipality or, if more than one, the said respective municipalities meet their respective obligations and commitments to the Federation. Any arrangements and agreements between a municipality and the Federation regarding, among other things, the use of the funds to be loaned by the Corporation to the municipality, are solely between the Federation and that municipality. 56 of 60 217 Attached is the original signed debenture which will be invalid until such time as the money borrowed by the Corporation from the Federation is received in the Corporations bank account. When receipt of funds is confirmed the Corporation will issue a receipt of funds to the Federation. Also enclosed for your information is /are a photocopy /photocopies of the debenture(s) that the aforementioned municipality or, if more than one, the said municipalities issued to the Corporation. Yours truly, Vice - president New Brunswick Municipal Finance Corporation 218 SCHEDULE B Form of MFC Debenture C�1�►/�171 Province of New Brunswick NEW BRUNSWICK MUNICIPAL FINANCE CORPORATION FULLY REGISTERED GLOBAL SERIAL DEBENTURE THE NEW BRUNSWICK MUNICIPAL FINANCE CORPORATION (the "Corporation "), for value received, hereby promises to pay to XXXXXXXXXXXXXXXXXXXXXXXXXXX or registered assigns the sum of ----------------------------------------------------------------- $XX,XXX,000 by annual payments on the XX day of XXXX in each of the years 20XX to 20XX, both inclusive, in the amounts set forth in the Schedule on the reverse side hereof (the "Schedule ") in lawful money of Canada, and to pay interest thereon from the XX day of XXXX or the previous interest payment date at the rates of interest as shown in the Schedule on the balance of principal remaining from time to time outstanding. The payments of principal and interest and the balance outstanding in each year are shown on the Schedule. Payments of interest or of principal and interest will be made in lawful money of Canada by electronic transfer to the bank account of the debenture - holder or by such other method as agreed to by the debenture - holder and the Corporation. The Corporation will cause to be kept at its office in the City of Fredericton in the Province of New Brunswick, Canada, a debenture register or registers in which shall be entered the name and address of the holder of this debenture and particulars of the debenture held by the holder and in which transfers of this debenture may be registered. The Corporation shall not be bound to see to the execution of any trust affecting the ownership of this debenture or be affected by notice of any equity that may be subsisting with respect thereof. The Corporation shall not be required to make any transfers of this debenture for a period of fifteen (15) business days preceding any interest payment date. The Corporation shall not be required to make any changes in the bank account of the holder of this debenture for a period of five business days preceding any interest payment date. DATED at the City of Fredericton in the Province of New Brunswick the XX day of XXXX, 20XX. IN TESTIMONY WHEREOF and under the authority of a resolution of the Corporation duly passed on the XX day of XXXX, 20XX this debenture is sealed with the seal of the Corporation and signed by the President or Vice - President. Date of Registration: XXXX XX, 20XX Vice - President 219 58 of 60 SCHEDULE A 220 Semi - Annual Principal Interest Interest Principal Total Outstanding YEAR Rate XXX. XX XXX. XX XXX. XX Annual XXX. XX $ $ $ Payment $ 20XX 20XX 20XX 20XX 20XX 20XX 20XX 20XX 20XX 20XX 20XX 220 CANADA Province of New Brunswick NEW BRUNSWICK MUNICIPAL FINANCE CORPORATION $XX,XXX,000.00 Fully Registered Global Serial Debenture Maturing on XXXX XX 20XX to 20XX Interest Payable XXXX XX and XXXX XX NO WRITING, IMPRESSIONS OR MARKS MUST APPEAR ON THIS DEBENTURE, OTHER THAN THAT PLACED HEREON WITH THE AUTHORITY OF THE OFFICERS OF THE CORPORATION GUARANTEE BY THE PROVINCE OF NEW BRUNSWICK By virtue of the powers conferred by the Legislature of the Province of New Brunswick and of an Order of the Lieutenant - Governor in Council, the Province of New Brunswick hereby unconditionally guarantees to the registered holder of the within Debenture due and punctual payment of the principal of the within Debenture, whether at maturity or by declaration, and of the interest thereon, as and when such principal and interest shall respectively become due and payable, according to the tenor of the said Debenture. By: 221 Designated Signing Officer LM`'.2 SAINT JOHN BOARD OF POLICE COMMISSIONERS PO Box 1971 Saint John, New Brunswick Canada E2L 4L7 Bureau des Commissaires du Service de Police de Saint John C.P. 1971 Saint John Nouveau- Brunswick Canada E2L 40 CHRISTOPHER WALDSCHUTZ Chair! Pr6sident DAVID EMERSON Vice Chair/Vice Prdsident MARY- EILEEN O'BRIEN Secnetary/Secretaire MAYOR IVAN COURT Commissioner/ Commissaire JONATHAN FRANKLIN Commissioner /Commissaire PETER MCGUIRE Commissioner /Commissaire TIMOTHY CHRISTIE Commissioner /Commissaire WILLIAM G. REID Chief of Police /Chef de Police JACKIE FERRAR Executive Administrator/ Secretaire Administrative Tel ephone/Tel6 phone: (506) 674 -4142 Fax/T &6copieur (506) 648 -3304 E- maillCou►riel., poticecommission()-sain $ ohn. c a (V63r. 1001� Explore our past/ Explorez notre pass6 Discover your future/ D6couvrez votre avenir October 2, 2012 PUBLIC SESSION M &C 2012 -262 Mayor Mel Norton and Members of Common Council Your Worship and Councillors: Re: Saint John Police Force - August 2012 Financial Results The Saint John Board of Police Commissioners, at its meeting on Tuesday, October 2, 2012 accepted and approved the Saint John Police Force 2012 Operating Budget - August Financial Results. On behalf of the Saint John Board of Police Commissioners, I am pleased to provide a copy of this report to Common Council in accordance with Section 7(3) of the New Brunswick Police Act. Respectfully submitted, i Christopher Waidschutz Chairman Saint John Board of Police Commissioners /jaf encl. 222 REPORT TO SAINT JOHN BOARD OF POLICE COMMISSIONERS PUBLIC SESSION October 1, 2012 Chris Waldschutz, Chairman and Members of the Board of Police Commission Chairman Waldschutz and Members SUBJECT 2012 Operating Budget — August, Financial Results BACKGROUND The purpose of this report is to provide the Board with an update on the financial position of the Saint John Police Force's Operating Budget for the period ended August 31, 2012. FINANCIAL POSITIONIRESULTS For the period ended as at August 31, 2012, the Saint John Police Force was under budget year -to -date by $630,389 or 4.1 %. There were six key expense categories that contributed to this budget variance. 1. Salaries and Wages were under budget by $539,372. 2. Overtime costs exceeded budget by $203,797. 3. Wage costs for On -Call and Court Time were over budget by $90,566. 4. Fringe Benefits were under by $51,943. 5. Good and Services were under budget by $333,437. 223 Chris Waldschutz, Chairman and Members of the Board of Police Commission October 1, 2012 Page 2 Subject: 2012 Operating Budget — August Financial Results Budget Analysis REVENUE Revenue exceeded budget projections by $25,793 which for the most part is funds recovered for overtime paid to officers to work Extra -Duty assignments. Budget Revenue Source Variance Prisoner Lodging (2,000) Accident Reports $2,617 Taxi Licences $16,897 Security Clearances $3,518 Secondments and Peacekeeping Missions $18,644 Extra -Duty Billings $91,291 $130,967 SALARIES AND WAGES Salaries were under budget by $539,372 and this is associated with the number of police and civilian vacancies that have not been filled to achieve a balanced budget for 2012. OVERTIME Saint John Police Association The overtime costs were over budget by $196,182. The Patrol Division accounted for $132,809 and the Criminal Investigation Division was over budget by $49,264. This variance in overtime for both divisions is mitigated by $91,291 in revenue that was recovered from billings to third parties for extra -duty assignments. OTHER PERSONNEL COSTS On -Call Pay On -Call Pay is over budget by $10,408 and the weekly on -call allowance has been discontinued for some areas to minimize the impact on the 2012 budget. 224 Chris Waldschutz, Chairman and Members of the Board of Police Commission October 1, 2012 Page 3 Subject; 2012 Operating Budget — August Financial Results Court Time - Local fit The cost for court time exceeded budget by $79,283. GOODS & SERVICES The various Goods and Services accounts were under budget by $333,437. There are a number of key expense categories that are showing under budget due to goods /services that were ordered after August 31, 2012 and vendor invoices that were not processed at the end of this reporting period. YEAR END FINANCIAL PROJECTION The August financial report continues to be the snapshot in time that is used to project the final budget results at year -end. Management is fully cognizant there can be unforeseen incidents that may occur at the operational level during the last trimester that can substantially increase overtime and other related costs. Based on monthly financial meetings with members of the senior management team, all pending expenses have been accounted for and there are no major events anticipated that should increase overtime costs or other variable expenses for the last reporting period in 2012 Based on all known variables that may have a direct impact on the 2012 Operating Budget, the projected year -end financial position for the Saint John Police Force is estimated to be the approved budget of $22,724,065 with no significant variance anticipated. RECOMMENDATION • It is recommended that the Board accept and approve this Financial Report for the period ended as at August 31, 2012 and forward a copy to Common Council as required under Section 7 (3) of the New Brunswick Police Act. 225 Chris Waldschutz, Chairman and Members of the Board of Police Commission October 1, 2012 Page Q Subject: 2012 Operating Budget — August Financial Results Attached reports and documents; Budget Variance Analysis — August 31, 2012 Consolidated Statement of Operations — 2012 vs. 2011 Respectfully submitted, /P404L Marven E. Corscadden, CGA Nt DIRECTOR HR & FINANCE OFFICER C 6� CHIEF OF POLICE 226 TIVE OFFICER SAINT JOHN POLICE FORCE BUDGET VARIANCE ANALYSIS For the Period Ended August 2012 Budget Expenses Variance Current Variance is: Timin Actual $15,327732 $14,697,342 $630,389 $630,389 Expense Category Variance Explanation of Variance Revenue $130,967 Prisoner Lodging ($2,000) Accident Reports $2,617 Taxi Licences $16,897 Security Clearances $3,518 Secondments and Peacekeeping Missions $18,644 Extra -Duty Billings $91,291 $130,967 Salaries & Wages $539,372 . Salaries -Non Union under budget by $29k. • Salaries -Local 486 under budget by $9k. • Police Officer salaries are under budget by $511,725. There are existing vacancies that have not been filled to achieve the budget target for 2012. Overtime ($203,797) . Overtime -SJPA- Patrol: Over budget by ($133k) and this over expenditure is reduced by $91 k in revenue charged for Extra —Duty assignments. • Overtime -SJPA- Criminal Investigations: Over budget by ($49k) and this amount is slightly reduced with a portion of the $91k in revenue charged for Extra —Duty assignments. Other Personnel Costs ($90,566) . On -Call: On -Call Pay is over budget by ($10k). Court Time: Over budget by ($79k). 227 Saint John Police Force — August 2012 Budget Variance Analysis Expense Category Variance Fringe Benefits $51,943 General Services $123,872 Insurance ($15,017) Professional Services $18,170 228 Explanation of Variance • Benefits are calculated at 24.5 %. This expense calculation is based on actual wages and other earnings for the year. • Travel: Under by $14k • Employer Training: Under by $91k and a portion of this amount relates to the timing of courses and the allocation of the budget over a 12 -month period. • Employee Initiated Training : Over by $23k and this relates to the timing of when officers complete courses and the allocation of the budget over a 12 -month period. • Vehicle Insurance: The premium cost for insurance coverage in 2012 (fleet and facilities) was $79k and the $80k budget was allocated over the 12 -month fiscal year. This account will be in -line by year -end, • Deductible Account: Under budget by $10k and this relates to the timing of any charges back to Police via the City's insurance department for 3`d party claims. • Legal Expense — Over budget by ($30k) and this expense is projected to exceed the $25,000 budget by $40 -$50k in 2012. This significant expense results from a number of labour management issues and labour board hearings in 2012. • Detention Security - This expense is under budget by $15k and this relates to lag time for processing of the monthly invoices from the Commissionaires. • Other Expense - This expense category is under budget by $33k and this relates to the timing of the actual expenditure and the allocation of the budget. 2l Rage Saint John Police Force — August 2012 Budget Variance Analysis Expense Category Variance Other Purchased Services ($52,447) Repair & Maintenance $5,650 Rentals ($4,913) Purchased Goods $79,149 Government Services $399 Internal Services $17,971 229 Explanation of Variance • Other Purchased Services - This expense category is over budget by $52k and this relates to the timing of the actual expenditure and the allocation of the budget. • No significant variance at the end of August 2012. • No significant variance at the end of August 2012. • Other Goods $41 k - Timing difference between the budget allocation and the purchase of goods. • Imprest Fund ($14k) — Timing difference between the budget allocation and the replenishment of the fund. • Special Operations $32k — Timing difference between the budget allocation and when special Investigative Operations are launched and completed in 2012. • No significant variance at the end of August 2012. • Fleet Maintenance - $72k — The maintenance costs at the end of August was under budget and overall savings will be realized in this account at year -end. • Fleet Fuel - ($48k) — The fuel costs at the end of August were over budget and this is due mainly to record high fuel prices that carried over from 2011 and the cost for gasoline continues to increase in 2012. • Building Maintenance - ($14k) — The expense to maintain and repair all the facilities operated by the SJPF was over budget. 31 Page Saint John Police Force — August 2012 Budget Variance Analysis Asset Purchases $160,604 Vehicles $134k —The budget for the acquisition of new units was under budget at the end of August. This relates to a timing difference between the budget allocation and when the vehicles are actually purchased, Savings will be realized in this account at year -end. • Other Assets $26k - Timing difference between the budget allocation and the acquisition of items considered to be Other Capital Assets. 4 1 P a g e 230 Saint John Police Force Consolidated Statement of Operations For the Period Ended August 31, 2012 231 2012 2011 Budget Actual Variance Budget Actual Variance Salaries & Wages 9,691,129 9,151,757 539,372 9,736,819 9,619,062 117,757 Overtime 170,528 374,325 (203,797) 172,528 422,538 (250,010) Other Personnel Costs 105,720 196,286 (90,566) 128,784 224,239 (95,455) Fringe Benefits 2,407,975 2,356,032 51,943 2,462,564 2,449,415 13,149 Total Wages & Fringe Benefits 12,375,352 12,078,400 296,952 12,500,695 12,715,254 (214,559) General Services 444,460 320,588 123,872 444,452 430,397 14,055 Insurance 63,656 78,673 (15,017) 104,511 75,409 29,102 Professional Services 229,560 211,390 18,170 277,656 250,959 26,697 Other Purchased Services 102,968 155,415 (52,447) 82,968 110,178 (27,210) Repairs & Maintenance 131,760 126,110 5,650 100,656 151,291 (50,635) Rentals 766,328 771,241 (4,913) 639,328 689,578 (50,250) Purchased Goods 367,960 288,811 79,149 344,560 347,177 (2,617) Government Services 11,000 10,601 399 12,500 10,155 2,345 Internal Corporate Charges 506,232 488,261 17,971 496,232 448,279 47,953 Asset Purchases 328,456 167,852 160,604 472,432 239,334 233,098 Total Goods & Services 2,952,380 2,618,942 333,437 2,975,295 2,752,757 222,538 Surplus/(Deficit) $ 15,327,732 $ 14,697,342 $ 630,389 $ 15,475,990 $ 15,468,011 $ 7,979 4.11% 0.05% 231 5 1S.Z 0i Unh*d Way Sanr�n$ Satnt Jctihn, Kings and Omdaft Gk ?�lr+ atnu htv+. September 29, 2012 Dear Mayor Norton and Council, After an immensely successful Campaign Kick Off on September 10th4 we are well on our way to the implementation of our new Strategic Plan. We would like the opportunity to share our exciting new strategic plan, Vision 2020 to Mayor and Council as it has significant implications for the social fabric of Saint John. Our plan calls for anew approach to financing and strengthening the social infrastructure of Saint John. We look forward to your response. Ron Marcolin, President, Board of Directors Unified Way serving Saint John, Kings, and Charlotte Big Brothers Big Sisters of Saint John Boys & Girls Club of saint John Inc. Canadian Mental Health Association CNIB Centenary -Queen Square Care Centres Community Meals -on- Wheels 2 232