2013-01-14_Agenda Packet--Dossier de l'ordre du jourr.
City of Saint John
Common Council Meeting
AGENDA
Monday, January 14, 2013
6:00 pm
Council Chamber
Si vous avez besoin des services en francais pour une reunion de Conseil Communal, veuillez contacter le
bureau de la greffiere communale au 658 -2862.
1. Call to Order - Prayer
1.1 Presentation to City by Mr. Oland, Moosehead Breweries Limited
2. Approval of Minutes
3. Approval of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 Street Vesting (New Signalized Intersection) 418 -424 & 419 -421 Rothesay
Avenue (Recommendation in Report)
5.1.1 Traffic Signals at 420 Rothesay Avenue (Recommendation in Report)
5.2 Proposed Zoning By -Law Amendment to Regulate the Keeping of Chickens
(Recommendation in Report)
6. Members Comments
7. Proclamation
8. Delegations / Presentations
9. Public Hearings
10. Consideration of By -laws
1
Pages
1 -12
13 -32
33-35
Powered By: ['� ���]E-
11. Submissions by Council Members
11.1 Hydrofracking (Councillor Merrithew)
12. Business Matters - Municipal Officers
12.1 City Manager: Robertson Lake Dam Upgrades and Latimer Lake Dam
Assessment
13. Committee Reports
13.1 Canada Games Aquatic Centre Commission Response regarding Affordability
(Tabled from Jan 2, 2013)
13.2 Saint John Board of Police Commissioners: Response to Council Resolution
respecting Sex Trade Workers
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
16. Supplemental Agenda
16.1 Sculpture Saint John - NB International Sculpture Symposium
16.2 Lucas Letter - Request for In -Kind Support to the Joshua Group
16.3 Local 771, IAFF Saint John Fire Fighters' Association - 2013 Executive
Members
16.4 Actionable Resolutions - Reflecting up to the January 7, 2013 Council Meeting
16.5 Approval of Minutes of December 10, 2012
16.6 Approval of Minutes of December 13, 2012
16.7 Approval of Minutes of December 17, 2012
16.8 Approval of Minutes of December 19, 2012
17. Committee of the Whole
18. Adjournment
2
36-36
37-40
41 -41
49 -54
55-55
56-56
57-86
87-93
94-96
97-103
104-105
City of Saint John
Common Council Meeting
Monday, January 14, 2013
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. 8t" Floor Boardroom City Hall
1.1 Approval of Minutes 10.2(4)
1.2 Legal Matter 10.2(4)(a,f,g)
1.3 Legal Matter 10.2(4)(g)
1.4 Legal Opinion 10.2(4)(f)
1.5 Legal Opinion 10.2(4)(f,g,j)
3
The City of Saint John
Seance du conseil communal
Lundi 14 janvier 2013
Salle du conseil, 18 h
Comit6 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 greffiere communale au 658 -2862.
Chacun des points suivants, en totalit& ou en partie, peut faire Pobjet d'une discussion en
priv6 en vertu des dispositions pr&vues a Particle 10 de la Loi sur les municipalites. Le
conseil /comit6 prendra une ou des decisions a cet 6gard au cours de la seance publique
16 h 30 — Salle de conference, 8e 6tage, h6tel de ville
1.1 Approbation du proc&s- verbal — paragraphe 10.2(4)
1.2 Question juridique — alin6as 10.2(4)a), f), g)
1.3 Question juridique — alin6a 10.2(4)g)
1.4 Avis juridique — alin6a 10.2(4)f)
1.5 Avis juridique — alin6as 10.2(4)f), g), j)
1.6 Question relative au personnel — alin6a 10.2(4)b)
Seance ordinaire
1.Ouverture de la seance, suivie de la priere
1.1 Pr6sentation a la Ville par M. Oland, Moosehead Breweries Limited
2. Approbation du proces- verbal
3. Adoption de Fordre du jour
4. Divulgations de conflits d'int6rets
5. Questions soumises a Papprobation du conseil
5.1 D6volution de terrains a titre de rue (nouvelle intersection signalis6e), 418 -424 et
419 -421, avenue Rothesay (recommandation figurant au rapport)
5. 1.1 Feux de circulation au 420, avenue Rothesay (recommandation figurant au
rapport)
5.2 Projet de modification de 1'arrW relatif a la r6glementation de 1'61evage des
poulets (recommandation figurant au rapport)
6. Commentaires presentes par les membres
7. Proclamation
8. Delegations et presentations
9. Audiences publiques
10. Etude des arretes municipaux
11. Interventions des membres du conseil
12. Affaires municipales evoquees par les fonctionnaires municipaux
12.1 Directeur g6n6ral : Mections au barrage du lac Robertson et Evaluation du
barrage du lac Latimer
13. Rapports deposes par les comites
13.1 R6ponse de la Commission du Centre aquatique des Jeux du Canada concernant
1'abordabilit6 (point report& de la s6ance du 2 janvier 2013)
13.2 Bureau des commissaires de la police de Saint John: R &ponse a une r6solution du
conseil concernant les travailleuses du sexe
14. Etude des sujets ecartes des questions soumises a 11approbation du conseil
15. Correspondance g6n6rale
16. Ordre du jour supplementaire
16.1 Sculpture Saint John — Symposium international de la sculpture au Nouveau -
Brunswick
16.2 Lettre de M. Lucas — Demande de services en nature aupr&s du groupe de Joshua
16.3 Section locale 771 (Association internationale des pompiers) de 1'Association des
pompiers de Saint John — Membres ex6cutifs 2013
16.4 R6solutions pouvant faire l'objet de mesures de suivi — jusqu'a la r6union du
conseil du 7 janvier 2013
16.5 Approbation du proces- verbal (10 d6cembre 2012)
16.6 Approbation du proces - verbal (13 d6cembre 2012)
16.7 Approbation du proces - verbal (17 d6cembre 2012)
16.8 Approbation du proces - verbal (19 d6cembre 2012)
17. Comite plenier
18. Levee de la seance
Planning
Advisory Committee
October 16, 2012
Your Worship and Councillors:
P.O. Box 1971 506 658 -2800
Saint John
New Brunswick
Canada E2L 4L1
SUBJECT: Street Vesting (New Signalized Intersection)
418 -424 & 419 -421 Rothesay Avenue
City of Saint John
The Planning Advisory Committee considered the attached report at its October
16, 2012 meeting. Peter Allaby of exp Services Inc. appeared before the
Committee, on behalf of the proponent, in support of the application and staff
recommendation. There were no other presentations made at the meeting
concerning this matter, but two letters from surrounding property owners were
received (see attachments).
After considering the report and presentation, the Committee resolved to adopt the
staff recommendation, which is set out below for your convenience. The
Committee also granted the requested variance to allow for the reconstruction
driveway to be slightly wider than the Zoning By -law normally allows.
RECOMMENDATION:
That Common Council assent to one or more subdivision plans, in general
accordance with the attached tentative subdivision plans prepared by exp Services
Inc., that would vest an approximate 23- square metre portion of the property at
418 -424 Rothesay Avenue and an approximate 13- square metre portion of the
property at 419 -421 Rothesay Avenue, as part of the Rothesay Avenue public
street right of way, as well as to any necessary municipal services and public
utility easements concerning the construction of a proposed signalized
intersection at this location.
Respectfully su 'tted,
Mo an ig
Vice Ch 'tan
an
Attachments
MO /ml
2
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The city of saint Jahn
DATE: OCTOBER 12, 2012
TO: PLANNING ADVISORY COMMITTEE
FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT
FOR: MEETING OF OCTOBER 16, 2012
PREPARED BY: REVIEWED BY:
oer
���
Mark O'Hearn Mark Reade, P. Eng., MCIP, RPP
Planning Officer Senior Planner
SUBJECT:
Name of Applicant: DKB Enterprises Inc.
Name of Owner: DKB Enterprises Inc. & 010808 NB Ltd.
Location: 418 -424 & 419 -421 Rothesay Avenue
PID; 00305771 & 00303966 (portions)
Municipal Plan: Commercial Corridor
Zoning: "I -1" Light Industrial
Proposal: To vest small portions of two commercial properties in order to
facilitate the construction of a signalized intersection.
Type of Application: Subdivision and Variance that would increase the maximum access
width standard of 11 metres to approximately 14 metres.
T.-
SAINT JOHN
P.O. Box 1971 Saint John, NB Canada E2L 4L2 www saintjohn.ca C.i? 1971 Saint john, N -B. Canada E2L 4L1
DKB Enterprises Inc.
418 -424 & 419-421-Rothesay Avenue
JURISDICTION OF COMMITTEE:
Page 2
October 12, 2012
The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council
concerning the vesting of public streets and municipal services and public utility easements.
The Act also authorizes the Committee to grant reasonable variances from the requirements of the
Zoning By -law. The Committee can impose conditions.
STAFF RECOMMENDATION TO COMMITTEE:
1. That Common Council assent to one or more subdivision plans, in general accordance with the
attached tentative subdivision plans prepared by exp Services Inc., that would vest an
approximate 23- square metre portion of the property at 418 -424 Rothesay Avenue and an
approximate 13- square metre portion of the property at 419 -421 Rothesay Avenue, as part of the
Rothesay Avenue public street right of way, as well as to any necessary municipal services and
public utility easements concerning the construction of a proposed signalized intersection at this
location.
2. That the Planning Advisory Committee grant a variance from the requirements of the Zoning By-
law that would increase the maximum access width standard of 1 I metres to approximately 14
metres in order to allow for the reconstruction of an existing access at 418 -424 Rothesay
Avenue, on condition that the final subdivision plan(s) above is not endorsed by the
Development Officer for registration until such time that an Agreement regarding the installation
of the signalized intersection has been executed between the City of Saint John and the DKB
Enterprises Inc.
BACKGROUND:
On May 15, 2012, the Planning Advisory Committee favourably considered an application from the City
of Saint John (Municipal Operations and Engineering) for the construction of a signalized intersection
80 metres to the south of the subject site. This previous application involved vesting on both sides of the
street that involved the properties at 411 & 418 -424 Rothesay Avenue. The Committee recommended
the street and easement vesting, and granted a variance in order to allow for the reconstruction of a
commercial access from 11 metres to approximately 11.5 metres. On June 4, 2012, Common Council
assented to the vesting.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has provided the following comments concerning the
proposed street vesting:
3
DKB Enterprises Inc.
418 -424 & 419 -421 Rothesay Avenue
Page 3
October 12, 2012
(a) The vesting of proposed Parcels "A" & "B" is supported for the installation of traffic signal
infrastructure at this location. The design of these signals has not yet been finalized with the
applicant. The actual area required for street vesting will be determined once the design has
been finalized.
(b) The vesting of proposed Parcels "A" & "B" should not be finalized until the City and the
landowner of 418 -424 Rothesay Avenue have entered into an Agreement regarding the
installation of the traffic signals at this location.
(c) The owner's traffic engineering consultant must submit to the City for review and approval the
design of the traffic signals at this location. It is the owner's responsibility and cost to supply
and install the traffic signal infrastructure.
(d) There is an existing Emera Brunswick Pipeline easement at this location. It is the responsibility
of the owner to obtain the necessary permissions /agreements for the installation of the traffic
signals within this easement.
(e) The owner's engineering consultant must submit to the City for review and approval a
stormwater management plan and design brief. From the information submitted, it appears that
an existing drainage ditch will be filled in order to accommodate the proposed expanded parking
area and widened driveway to 418 -424 Rothesay Avenue. This drainage ditch is part of a larger
stormwater system draining the hill behind the properties on Rothesay Avenue. The owner's
engineering consultant must analyze the impacts on this drainage system should this ditch be
filled in and piping installed.
(f) There is an existing municipal services easement located on 418 -424 Rothesay Avenue.
Absolutely nothing permanent is to be constructed over top of this easement. If approved, this
area will become part of the public street right -of -way.
(g) The owner is responsible for obtaining all necessary permits /approvals.
Buildings and Inspection Services has been advised of this application.
Real Estate Services has been advised of this matter.
Saint John Energy has indicated that there are overhead facilities along Rothesay Avenue where the
proposed intersection would be constructed. The facilities can be relocated, and the new traffic
controller can be serviced. The cost for this work can be discussed later.
Bell Aliant has been advised of this project.
Rogers has been advised of this matter.
Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline have advised that the
proposed signalized intersection will require a crossing agreement between the City and Brunswick
Pipeline. No final drawings have yet been received.
4
DKB Enterprises Inc. Page 4
418 -424 & 419 -421 Rothesay Avenue October 12, 2012
ANALYSIS:
Earlier this year an application was favourably considered by the Planning Advisory Committee
involving the vesting of small portions of two commercial properties (411 & 418 -424 Rothesay Avenue)
in order to facilitate the construction of a signalized intersection near the existing entrance of the Avenue
Plaza/TD Insurance complex at 418 -424 Rothesay Avenue (see Background).
Since that time a revised proposal has been received that would relocate the proposed signalized
entrance approximately 80 metres further north where another driveway exists. The revised proposal is
illustrated on the attached plans.' The proposed signalized entrance is no longer opposite 411 Rothesay
Avenue, but now involves a small portion of the property at 419 -421 Rothesay Avenue (Mediterranean
Restaurant).
The area is zoned "I -1" Light Industrial. The Community Planning Act requires a recommendation by
the Planning Advisory Committee to Common Council with respect to the proposed street vesting.
The attached plans also indicate that, in conjunction with this intersection proposal, the owner of the
Avenue Plaza/TD Insurance complex property also plans to expand and reconfigure the parking area
along the northerly side of the plaza. These proposed changes to the existing site layout comply with
Zoning By -law standards.
As mentioned in the May 15, 2012 report, a traffic report commissioned by the City indicated that high
traffic volumes along Rothesay Avenue are causing delays when exiting the DKB Enterprises Inc.
property. In particular, TD Insurance leases a portion of the commercial plaza on the property and
operates a call centre with 450 employees. Delays will increase with an expansion to this business with
an additional 100 more employees. The City was requested to install traffic signals in order to alleviate
traffic congestion, especially during shift changes.
Previously, the City commissioned exp Services Inc. to complete a traffic study. Based on the expected
volumes resulting from the planned expansion and traffic circulation changes to the existing
development, the study recommended that signals be installed at the entrance of the property (existing
commercial plaza). Municipal Operations and Engineering indicated that an intersection at this location
would also provide a safe pedestrian crossing in close proximity to a transit bus stop.
Since the consideration of this matter earlier this year, the proponent has commissioned a further traffic
study to examine a more preferable location for the proposed intersection further north immediately
adjacent to the Leon's furniture business at 426 Rothesay Avenue (see attached plans). An existing
second driveway access and parking area is situated at this location on the subject property.
Municipal Operations and Engineering is supportive of the proposed new location for the signalized
intersection. Therefore, the requested street vesting for the proposed intersection is recommended. The
assent of any necessary municipal services or public utility easements related to this intersection is also
recommended.
1 The original application illustrated a 184.25- square metre area to be vested from the 418 -424 Rothesay Avenue property,
but applicant's consultant later submitted the attached plan which now illustrates an area of only 22.81 square metres. This
change has also increased the access width from 12 metres to approximately 14 metres (measured at the proposed new
property line). 5
DKB Enterprises Inc. Page 5
418 -424 & 419 -421 Rothesay Avenue October 12, 2012
Besides the mentioned vesting, a variance is also required in order to reconstruct a new commercial
access on the subject property with an approximate width of 14 metres (measured at the property line),
since the Zoning By -law normally only allows for a maximum width of 11 metres. Given that the
access would be situated at a signalized intersection, and has been designed by consulting engineers (and
subject to the approval of the Chief City Engineer), approval of this variance is recommended.
However, as suggested by Engineering, a condition has been recommended that the final subdivision
plan(s) not be endorsed by the Development Officer for registration until such time that an Agreement
regarding the installation of the signalized intersection has been executed between the City of Saint John
and DKB Enterprises Inc. This condition was not necessary in the previous approval as an arrangement
had already been approved by Common Council.
The necessary street and easement assent and variance is recommended with the mentioned condition
above.
Mo
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10- 09 -'12 18;43 FROM- Dobson group 5066346062 T -111 P0001/0001 F -268
October 09,2012
Dear PAC Members
Re: Steet Vesting and Variance Application 418 -424 & 419 -421 Rothesay Avenue
am in receipt of a letter dated October 3, 2012 where by the PAC is considering a recommendation to
the above proposal and granting a variance. I wish to acknowledge first off the expansion of any
business on Rothesay Avenue is welcomed. Over the past few years the business's along Rothesay
Avenue have spent millions of dollars on their facilities and it is truly showing. It is a revitalization of a
main corridor for traffic flow and for the retail business environment. Rothesay Avenue is becoming
once again a highly sought after location for business.
I wish to comment on the installation of any additional traffic lights on Rothesay Avenue if this is what
this proposal is all about. We have a very undesirable situation that is becoming more and more of a
problem every day. As traffic counts climb on Rothesay Avenue so do the issues of the Ashburn Lake
(Deluxe) and Rothesay Avenue intersection . The intersection needs to be dealt with soonerthan later.
At peak times the traffic is backed up as far as the TD entrance and installing another signal there will
only compound this issue. when will the ongoing problem be resolved? Can it only be resolved by a
Committee recommendation that until some remediation of that intersection takes place that PAC could
not consider future applications such as this. The PAC has a duty to ensure that the City is doing proper
planning and to not send a message to City Council that recognizes this issue as a condition for future
proposals in my mind is not providing enough guidance to Staff and or Council.
I request that PAC draw this to the attention of City Council and that any recommendation become a
"qualified recommendation" where by the traffic snarl is recognized and is certainly something that will,
if not now, become an issue in future planning.
Thank -you for what you do for us on Committee.
Danny Dobson
President /LTS investments /Dobson Chrysler
Owners 276 -312 Rothesay Avenue /843 Rothesay Avenue /727 Rothesay Avenue/251 Rothesay Avenue
cc. Mayor Norton
11
Oct.9/2012
Planning Advisory Committee
City of Saint John
Re Variance 418 -424 & 419 -421 Rothesay Ave.
TD Centre
Dear Sirs /Madams
Although I fully support all of the efforts and the jobs created at the TD Centre I can only
support this application after the traffic mess at the Rothesay Ave. Ashburn Lake Rd.
Intersection is addressed, This nightmare was to be a temporary situation and now is
going in to its fourth or fifth year. Turning left on to Ashburn Lake Rd. at peak time is
virtually impossible backing traffic back some times to where the proposed traffic light
is, turning left off Rothesay Ave, to Costo has the same issues no turn lanes or flashing
Greens, I don't know how or why this configuration ever got approval but I think its time
to get fixed.
At our three locations we service over 100 vehicles per day and the constant complaint is
— When will the City be responsible and fix that mess at Deluxe Intersection? Until this
issue can be resolved I have to say we do not need any more traffic snarls on Rothesay
Ave. and all building permits on the Costco Hill be stopped until these issues are fixed,
Cc Mayor Mel Norton
Regards
Keary Coyle
President
Coyle Auto Group
12
J
S.f �)
REPORT TO COMMON COUNCIL
M &C2013 -2
January 3, 2013
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: TRAFFIC SIGNALS AT 420 ROTHESAY AVENUE
BACKGROUND
c
The city of saint John
At present, high traffic volumes along Rothesay Avenue are causing delays when exiting the
existing DKB Enterprises Inc. (DKB) development at 420 Rothesay Avenue. TD Insurance
leases a portion of the DKB property and employs approximately 450 staff; with a planned
expansion to accommodate approximately 300 more staff. These delays are expected to increase
with the planned expansion to this development. There are currently no signalized pedestrian
crossings on Rothesay Avenue near this development.
In 2009, TD Insurance approached the City and requested that traffic signals be installed to
alleviate employee access and egress, to and from, the property. The City commissioned exp
Services Inc. (formerly ADI Limited) to complete a traffic study of Rothesay Avenue. Based on
the expected traffic volumes resulting from the planned expansion and traffic circulation changes
to the existing development located at 420 Rothesay Avenue, the traffic study contained a
recommendation to install traffic signals at the entrance to this property.
On May 7, 2012 (M &C 2012 -103) Common Council resolved that the City shall enter into a cost
sharing agreement with DKB for the construction of Traffic Signals at 420 Rothesay Avenue.
Subsequent to this approval the City and DKB executed the necessary documents to give effect
to the Cost Sharing agreement. This Cost Sharing Agreement stated that the Traffic Signals were
to be installed at the main (west) entrance to the property at 420 Rothesay Avenue.
In September 2012, DKB submitted to the City a newly commissioned traffic study for the
property located at 420 Rothesay Ave. Based on a revised expansion and traffic circulation plan,
this traffic study contained a recommendation for the Traffic Signals to be installed at the east
entrance to this property rather than the main (west) entrance.
13
M &C2013 -2
January 3, 2013
Page 2
It is staffs opinion that the installation of traffic signals at the east entrance to this property will
help alleviate the delays experienced by left turning traffic when exiting this development and it
will provide a safe pedestrian crossing in close proximity to a transit bus stop.
FINANCIAL
The 2010 General Fund Capital Program - Transportation category included $130,000 in project
funding for the installation of traffic signals at the entrance to the development at 420 Rothesay
Avenue. When this project was approved by Council it contained two funding components;
$80,000 under "City share" and $50,000 under "Other share ". Since 2010, the estimated total
project costs have increased beyond $130,000.
In May, 2012 the City entered into an agreement whereby the City would maintain its $80,000
contribution and DKB would cover the remainder of the cost to install the Traffic Signals at the
main (west) entrance to 420 Rothesay Avenue.
Staff and DKB agree that the Traffic Signals should now he installed at the east entrance to 420
Rothesay Avenue rather than the main (west) entrance. Accordingly, staff has successfully
negotiated a new agreement with the property owner, DKB, whereby the City will contribute
$23,840 as well as the traffic signal equipment specified in the agreement and DKB will cover
the remainder of the cost to install the Traffic Signals. The City's total cost for this project will
remain at $80,000. As part of this agreement, DKB will also cause the required lands to vest in
the City as public street to accommodate the traffic signal equipment and pay all costs associated
with the required vesting.
Contrary to the previous agreement, under this new agreement, DKB shall construct the
intersection and install the signals and cause all the work related thereto to be done and paid for,
and the City shall pay DKB the above noted amount upon completion and acceptance of the
work. In summary, the City is no longer doing any of the work, it is simply contributing towards
the cost of the work upon completion and providing equipment. There is a cost saving
component for the City in this respect, since the City no longer needs to dedicate internal
resources to the project.
ANALYSIS
DKB retained exp Services Inc. to complete the engineering design and construction
management of this project. DKB will be responsible for the construction of this traffic signal
project subsequent to the agreement being signed by both parties.
An application for subdivision to vest an area of land as a portion of a Public Street to
accommodate the traffic signal controller and associated infrastructure has been made. On
January 2, 2013, in accordance with the recommendation from The City's Planning Advisory
Committee, Common Council assented to the necessary subdivision plan(s) to allow for the
street vesting.
14
M &C2013 -2
January 3, 2013
Page 3
INPUT FROM OTHER SOURCES
The City solicitor worked with staff on this project and drafted the new Cost Sharing Agreement.
RECOMMENDATION
Staff recommends:
1. That the City terminate the Cost Sharing Agreement with DKB Enterprises Inc. for the
construction of Traffic Signals at 420 Rothesay Avenue as attached to M &C 2012 -103
and dated May 10, 2012; and
2. That the City enter into a new Cost Sharing Agreement with DKB Enterprises Inc. for the
construction of Traffic Signals at 420 Rothesay Ave. on the terms and conditions and
generally in the form as attached to M &C 2013 -2; and
3. That the Mayor and Common Clerk be authorized to sign all required documents to give
effect to the said Cost Sharing Agreement.
Respectfully submitted,
David Russell, P. Eng.
Municipal Engineer
Wm. Edwards, P. Eng.
Commissioner,
Transportation & Environment
15
j3
Brian Keenan, P. Eng.
Engineering Manager -aE�—
e
k Fatnick Woods, CGA
Cger
AGREEMENT
This Agreement made in duplicate copies this 27a' day of December, 2012,
BY AND BETWEEN: THE CITY OF SAINT JOHN, having its
City Hall at 15 Market.Square, Saint John,
New Brunswick, a body corporate by Royal
Charter, confirmed and amended by Acts of
the Legislative Assembly of the Province of
New Brunswick, hereinafter called the
"CiW,
OF THE FIRST PART
And
DKB ENTERPRISES INC., a body
corporate duly incorporated under the laws
of the province of New Brunswick having
its registered office at Phoenix Square, 371
Queen Street, Suite 204, Fredericton, New
Brunswick, hereinafter called "DKB"
OF THE SECOND PART
WHEREAS DKB is the owner of a parcel of land Iocated at 420 Rothesay
Avenue in the City of Saint John, in the Province of New Brunswick, bearing PID
00305771 (the "Property");
AND WHEREAS DKB leases premises located on the Property to'TD Meloche
Monnex Inc. ( "TD ") pursuant to a Lease Extension and Amending Agreement between
DKB and TD dated May 15, 2008;
AND WHEREAS TD approached the City in 2009 to install traffic lights at the
entrance to the Property because traffic exiting the Property is experiencing long delays
due to the high volume of traffic on this portion of Rothesay Avenue;
AND WHEREAS the City commissioned a Traffic Study of Rothesay Avenue in
the spring of 2009;
AND WHEREAS the Traffic Study supports the installation of traffic signals at
the Property on Rothesay Avenue;
AND WHEREAS the City agreed to contribute money towards the construction
of traffic signals at the Property on Rothesay Avenue;
NOW THEREFORE THIS AGREEMENT WITNESSETHED that in
consideration of the mutual covenants and agreements herein contained, the parties for
themselves, their successors and assigns, respectively, mutually agree as follows:
16
General
1. (a) This Agreement is conditional upon DKB entering into a Consent Crossing
Agreement with Brunswick Pipeline for the encroachment of the Work over
Brunswick Pipeline's KP 13.1 to KP 13.2 in the City of Saint John, and Brunswick
Pipeline consenting that such Consent Crossing Agreement be assigned to the City
upon completion of the Work.
(b) The condition expressed at paragraph (a) cannot be unilaterally waived by DKB.
2. (a) DKB shall, at its costs, construct an intersection at the Property with Rothesay
Avenue and install traffic signals on Rothesay Avenue (the "Work'D in accordance
with the engineering drawings dated December, 2012 and prepared by exp. Services
Inc. (the "Drawings'"), a copy of which is attached hereto as Schedule A and forms
part hereof.
(b) %DKB shall complete Phase I of the Work, as defined in the Drawings, on or
before February 15, 2013
(c) DKB shall complete Phase 1B of the Work, as defined in the Drawings, in the
spring of 2013, and no latter than duly 1, 2013.
3. (a) The parties agree that once the Work has been completed, the traffic signals will
be the property of the City.
(b) In the event that there is a reduction in vehicle traffic to and from the Property
and the Chief City Engineer determines that based on the Traffic Engineering
Industry Guidelines, the traffic signals at the Property are no longer warranted, then
the City shall have the right to remove or modify the said traffic signals in accordance
with traffic engineering industry guidelines; and if /when it does, DKB shall have no
recourse whatsoever against the City in this respect. For this purpose, DKB, for itself
and its successors and assigns and to the fullest extent permitted by law, hereby
releases and forever discharges the City, its employees, officers, agents, successors
and assigns from and against any and all losses, costs, claims, demands, expenses,
proceedings and actions of every nature and kind for injury or damages, including
indirect, consequential and incidental damages, to DKB or its property which are or
may be in any way related to, or connected or associated with the City removing, or
modifying the traffic signals installed pursuant to the within Agreement.
(c) Should the City determine, pursuant to paragraph (b), that the - traffic signals.are
no longer warranted, the City shall give DKB 12 months' written notice before
decommissioning or removing the traffic signals.
Term
4. This Agreement shall commence upon the date of execution,, hereof and -shall
terminate five (5) years after the first day of the month in which the Agreement is
executed.
17
Obligations of the City
5. (a) For the purposes of the Work, the City shall provide to DKB, at the City's cost,
the traffic signal equipment listed in Schedule B.
(b) The City makes no representations or warranties regarding the traffic signals
equipment referred to in paragraph (a) or' its suitability for the purposes of the Work
and DKB accepts all liability related to the said traffic signals equipment, its inherent
defects, if any, and for any damages suffered by DKB or any other person related to
or in any way connected with the use of the said Equipment for the purposes of the
Work, except those damages caused by the negligent act or omission of the City.
6. Upon certification by the Chief City Engineer that the Work was completed
satisfactorily and in accordance with the Drawings, the City shall pay to DKB the
total amount of Twenty -Three Thousand Eight Hundred and Forty Dollars
($23,840.00), inclusive of HST, as a contribution towards the cost of the Work.
Obligations of DKB
7. (a) DKB shall convey to the City, as a public street and for the purposes of the
Work, the unencumbered title to Parcel "A" comprising twenty -three (23) square
meters of the Property as depicted on the Subdivision Plan titled "SUBDIVISION
PLAN DKB Enterprises Inc. SUBDIVISION & 010808 N.B. Ltd. SUBDIVISION
PARCEL "A" & PARCEL 'B" dated December 12, 2012, certified correct by Brian
Walsh, N.B.L.S. #342, attached hereto as Schedule C and forming part hereof for One
Dollar ($1.00) of lawful money of Canada.
(b) DKB shall pay for all the costs associated with the City acquiring the parcel of
land defined at paragraph (a) hereof as public street, including, but not limited to,
registration costs, surveying costs, real property taxes for the year of the conveyance,
and any cost related to the obtaining and registering of a partial discharge of the
Manufacturers Life Insurance Company Mortgage No. 25872350.
S. (a) Before the Work is commenced, DKB shall cause to be vested in the City as
public street the unencumbered title to Parcel `B" comprising twelve (12) square
meters of properly bearing PID 303966 and owned by 010808 N.B. Ltd,, as depicted
on the Subdivision Plan titled "SUBDIVISION PLAN DKB Enterprises Inc.
SUBDIVISION & 010808 N.B. Ltd, SUBDIVISION PARCEL "A!'& PARCEL "B"
dated December 12, 2012, certified correct by Brian Walsh, N.B.L.S. #342, attached
hereto as Schedule C and forming part hereof.
(b) DKB shall obtain and register a partial discharge of Bank of Nova Scotia
mortgage no. 28286186 and any other mortgage/debentures registered against PID
303966 respecting that parcel of land described at paragraph (a).
(c) DKB shall pay for all costs associated with the vesting of the parcel described at
paragraph (a), including, but not limited to, registration costs, surveying costs, real
property taxes for the year of the conveyance and any cost related to the obtaining
and registering of a partial discharge of the Bank of Nova Scotia mortgage no.
28286186.
IN
9. (a) DKB shall pay all costs related to the maintenance and repair of the traffic signals
between Phase IA and Phase 1B of the Work.
(b) The City shall provide to DKB, at DKB's costs, the required qualified technicians
on an as needed basis, to do the maintenance and repair of the traffic signals between
Phase lA and Phase 1B of the Work,
10. DKB shall cause the traffic signals to be installed by a person holding a Traffic Signal
Level 11 Certification from the International Municipal Signal Association.
11. DKB shall provide "As Built" drawings, stamped by a Professional Engineer, to the
City immediately upon completing the Work, and before the City pays to DKB the
amount set out at section 6 hereof
Termination
12. The City may immediately terminate this Agreement upon giving notice to DKB
where:
(i) DKB makes an assignment for the benefit of its creditors, is declared
bankrupt or commits an act of bankruptcy, becomes insolvent, makes a
proposal or otherwise takes advantage of provisions for relief under the
Bankruptcy and Insolvency Act (Canaria) or similar legislation in any
jurisdiction, or any other type of insolvency proceedings being
commenced by or against the Company under the Bankruptcy and
Insolvency Act (Canada) or similar legislation;
(ii) DKB breaches any of the terms or conditions of the within Agreement;
Gii)In the City's reasonable opinion, DKB, prior to or after executing this
Agreement, makes a material misrepresentation or omission or provides
materially inaccurate information to the City;
(iv)DKB undergoes a change of control which, in the reasonable opinion of
the City, adversely affects DKB's ability to satisfy some or all of its
obligation under the within Agreement.
The above rights of termination are in addition to all other rights of termination
available at law, or events of termination by operation of law.
13. The provisions of sections 3(a), 5(b) and 16 hereof survive the termination of this
Agreement.
Performance
14. Both parties agree to do everything necessary to ensure that the terms of this
Agreement take effect
Non - Performance
15. The failure on the part of either party 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.
19
Indemnification
16. Notwithstanding any clauses herein, DKB does hereby indemnify and save harmless
the City from all damages, causes, claims, expenses, demands, actions, suits or 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, except
for damages caused by the City's negligence.
Remedies
17. Upon default by either party under any terms of this Agreement, and at any time after
the default, either party shall have all rights and remedies provided by law and by this
Agreement.
18. No delay or omission by either party 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, either party 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,
Mediation
19. All disputes arising out or in connection with this Agreement, or in respect of any
legal relationship associated with or derived from this Agreement, shall be mediated
pursuant to the National Mediation Rules of the ADR Institute of Canada, Inc.
Despite this Agreement to mediate, a party may apply to a court of competent
jurisdiction or other competent authority for interim measures of protection at any
time. The place of mediation shall be the City of Saint John and Province of New
Brunswick.
Force Majeure
20. It is agreed between the parties that neither party shall be held responsible for
damages caused by delay or failure to perform his undertakings under the terms of the
Agreement when the delay or failure is due to fires, strikes, floods, acts of God,
lawful acts of public authorities, or delays or defaults caused by common carriers,
which cannot be reasonably foreseen or provided against.
No Assignment
21. This Agreement is not assignable. Any attempt to assign any of the rights, duties or
obligations of this Agreement is void.
Time
22. This Agreement shall not be enforced, or bind any of the parties, until executed by all
the parties named in it.
20
Notices
23. Any notice under this Agreement shall be sufficiently given by personal delivery or
by registered letter, postage prepaid, mailed in a Canadian post office and prepaid
courier, addressed, in the case of notice to the City of Saint John, to the Common
Clerk, 15 Market Square, P. O. Box 1971, Saint John, New Brunswick, E21, 4LI and
in the case of notice to DKB to Daryl K. Branscombe at Suite 204, Phoenix Square,
371 Queen Street, Fredericton, NB OB IBI, or to any other address as may be
designated in writing by the parties, and the date of receipt of any notice by mailing
shall be deemed conclusively to be 5 days after the mailing.
Reference to Prior Agreement
24, This Agreement supersedes and takes the place of all prior agreements entered into by
the parties with respect to the installation and cost- sharing of the Traffic Lights to be
installed at the Property.
Amendments
25. No change or modification of this Agreement shall be valid unless it is in writing and
signed by each party.
Acknowledgment of Terms and of Entirety
26. It is agreed that this written instrument embodies the entire agreement of the parties
with regard to the matters dealt with in it, and that no understandings or agreements,
verbal or otherwise, exist between the parties except as expressly set out in this
instrument.
Further Documents
27. 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_
Validity and Interpretation
28. Descriptive headings are inserted solely for convenience of reference, do not form
part of this Agreement, and are not to be used as an aid in the interpretation of this
Agreement.
29. It is intended that all provisions of this Agreement shall be fully binding and effective
between the parties, but in the event that any particular provision or provisions or part
of one is found to be void, voidable or unenforceable for any reason whatsoever, then
the particular provision or provisions or part of the provision shall be deemed severed
from the remainder of this Agreement and all other provisions shall remain in full
force.
Governing Law
30. This Agreement shall be governed by and construed in accordance with the laws of
the Province of New Brunswick.
Successors, Assigns
31. This Agreement shall enure to the benefit of and be binding on the respective
successors and permitted assigns of each of the parties.
21
Independent Legal Advice
32. The parties each acknowledge having obtained their own independent legal advice
with respect to the terms of this Agreement prior to its execution.
Acknowledgment of Receipt of Copy
33. Each party acknowledges receipt of a true copy of this agreement.
IN WITNESS WHEREOF the parties have affixed their respective corporate
seals, attested by the hands of their respective officers duly authorized in that behalf on
the day aforementioned.
SIGNED, SEALED AND DELIVERED
in the presence of:
22
THE CITY OF SAINT 3OHNT
Mayor
Common Clerk
Common Council Resolution:
DK13 ENTERPRISES INC.
Per:
i
Presi. ent
Form 45
AFFIDAVIT OF CORPORATE EXECUTION
Land Titles Act, S.N.B. 1981, c.L -1.1, s.55
Deponent:
Daryl K. Branscombe
371 Queen Street, Suite 204
Fredericton, New Brunswick
E3B 1B1
Office Held by Deponent:
President
Corporation:
DKB Enterprises Inc,
Place of Execution:
Fredericton, New Brunswick
Date of Execution:
December 27, 2012
I, the deponent, make oath and say:
1. That 1 hold the office specified above in the corporation specified above, and am
authorized to make this affidavit and have personal knowledge of the matters
hereinafter deposed to;
2. That the attached instrument was executed by me as the officer duly authorized to
execute the instrument on behalf of the corporation;
3. That the seal of the corporation was affixed to the instrument by order of the Board
of Directors of the corporation;
4. That the instrument was executed at the place and on the date specified above;
5. That the ownership of a share of the corporation does not entitle the owner thereof
to occupy the parcel described in the attached instrument as a marital home.
SWORN TO at Fredericton, New )
Brunswick on December 27, 2012, )
BEFORE ME: )
}
}
Co ssioner of Oaths, ) 1 K. B co be
Being a )
23
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SCHEDULE B
31
EQUIPMENT
+o;rscadPTrora: "
LIST FOR
[JNIT
TD —j RAFFIC
�UANTlTY
SIGNALS
UNIT PRICES
TOTAL PRICE
NO
8 m Traffic Signal Polls
1
with transformer bases Vd
Fad
4
anchor half assentbites
$ 1516.19
$ 6064.76
2
Mast Arms (with brackets)
4.6 metres tong
Each
¢
$ 544.10
$ 2178.40
6.7 metres long
Each
4
$ 638.00
$ 2552.00
3
Traffic Signal Controller
with cablr�ef ail inclusive
Each
1
$"11005 .00
$ 11005.00
4
Vehicle Presence Detector
Each
1
$ 491.410
$ 491.40
6
Vehicle Motion Detector
Each
1
$ 779,60
6
Vertical Signal Heads
$ 779.60
$ 2259.44
3--se don LED
Each
6
$ 282,43
Pedestrian Countdown
$ 3432.00
8
Signal Heads
I section LED
Each
6
$ 572.00
7
Pedestrian Push.-buftons m#
$ 1182.00
housin cu s
Each
6
$ 197,00
Shipping charge for rush
8
delivery of ped. push
buttons
Lump
1
$ 100.00
$ 100.00
S
Elbow Mounting Kits
Each
6 I
$ 74.66
$ 447,96
3
Spring Cushion Hangers
Each
8
$ 118,75
$ 950.D0
10
Control r IMSA Traffic
Metre
132
$ 424
$ 559.68
SUB
TOTAL (A)
$ 32„000.24
HST (13 %) (B)
$ 41160.03
TOTAL PRiGE (A +B)
$ 36,160.27
31
Schedule "coo
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32
REPORT TO COMMON N COTJNCIL
M&C- 2012 -279
December 28, 2012
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Proposed Zoning Bylaw Amendment to Regulate the Keeping
of Chickens
BACKGROUND:
City of Saint John
An application was received by the City of Saint John in July of 2011 that
proposed a Temporary Approval for the keeping of six chickens for a period of up
to one year on a residential property on the City's East Side. Prior to applying for
a Temporary Approval, the applicant had six chickens on his property for a short
time. The applicant was approached by the Bylaw Enforcement division of the
Building and Inspection Services department and was notified that the keeping of
chickens on a residentially -zoned property was not a permitted use according to
the City's Zoning By -law.
Planning staff recommended that the applicant be granted a temporary approval to
allow time for staff to assess the impacts over the course of one year, and research
the benefits and/or drawbacks associated with the keeping of chickens in an urban
context. The applicant was granted temporary approval by the Planning Advisory
Committee in August, 2011.
ANALYSIS:
Research over the past year has revealed a number of Canadian cities that have
gone through or are currently engaged in a similar review process regarding the
keeping of backyard chickens. Staff have made several visits to the applicant's
property and have come to the conclusion that the keeping of backyard chickens
does not present health and safety issues to the community and is in keeping with
W
r
M & C — 2012 — 279 - 2 - December 18, 2012
the direction established by P1anSJ. In fact, PlanSJ specifically identifies the need
to support more urban agriculture in order to reduce our ecological footprint as a
community and enhance food security.
As a result of this review, it is recommended that the following amendments to
the City's Zoning Bylaw be enacted:
1. Amending Section 810 by adding the following as subsection 14: "(14)
Keeping of Chickens as a Secondary Use"
(1) General Provisions
(a) the keeping of chickens, as a secondary use to a dwelling, shall be
permitted in the "RF ", "RFM" and "RS -1" zones.
(b) Subject to (b), the keeping of chickens, as a secondary use to a
residence, shall be permitted in the "RF ", "RFM", and all "R"
zones except for "RM" and "MH" zones, subject to the following
conditions:
i. The number of chickens shall be limited to a minimum of
two and a maximum of six.
ii. A chicken coop must have a minimum of 0.37 square
metres of coop floor area per chicken, and at least 0.92
square metres of roofed outdoor enclosure per chicken.
iii. A chicken coop shall be considered as an accessory
building and subject to the requirements set out in
subsection 830(1).
iv. Notwithstanding the setback requirements for accessory
buildings in section 830(1) of the City's Zoning Bylaw,
chicken coops shall be subject to a minimum side and rear
yard setback of 3 metres, and shall have a minimum
separation distance of 7.5 metres from any existing
dwelling on an adjacent property.
v. The owner of the chickens must reside on the parcel where
the chickens are to be kept.
vi. The keeping of male chickens (roosters) is not permitted.
vii. The owner shall keep chickens for personal use only, and
not sell eggs, manure, meat, or other products derived from
chickens.
(2) Chicken Coop Structure
i. A chicken coop shall be enclosed on all sides and shall
have a roof and door(s). Access doors must be able to be
shut and locked at night. Opening windows and vents must
be covered with predator- and bird - resistant wire of less
than 2.5 centimetre openings.
34
M & C-2012-279 - 3 - December 18, 2012
ii. The owner shall provide and maintain in each coop at least
one perch that provides at least 15 cm of space per chicken,
and one nest box per chicken.
iii. All chicken coops must be located only in the rear yard and
must fully enclose the chickens to prevent them from
escaping.
(3) Sanitary Conditions
L The owner shall store manure within a fully enclosed
structure, and store no more than 0.1 cubic metres of manure
at a time.
ii. All stored food for the domesticated chickens must be kept
either indoors or in a weather - resistant container designed to
prevent access by animals.
iii. The owner shall not slaughter, or attempt to euthanize, a
chicken on the property.
iv. The owner shall not dispose of a chicken except by
delivering it to an abattoir, veterinarian or other facility that
has the ability to dispose of chickens lawfully.
V. No live poultry shall at any time be kept in a cellar or any
part of any dwelling or any building used for continuous
daily human occupation.
RECOMMENDATION:
That Common Council refer the proposed Zoning Bylaw Amendment to the PIanning
Advisory Committee for its review and recommendation.
Respectfully submitted,
Ken orrest, MCIP, RPP
Commissioner
Planning and Development
J. atrick Woods, CGA
City Manager
JK
35
January 2, 2013
His Worship Mel Norton and
Members of Common Council
Your Worship and Councillors:
Subiect: Hydrofrackine
I am requesting that City staff provide information regarding what level of authority the
municipality has with respect to limiting hydrofracking in the City.
Motion: That the City Solicitor be directed to determine what authority the City has in regards
to restricting access to lake /lands with respect to hydrofracking and whether the City has
authority to draft an appropriate resolution.
Respectfully Submitted,
(Received via email)
Councillor David Merrithew
City of Saint John
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21- 41-1 1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 4L1
36
12.I
REPORT TO COMMON COUNCIL
M &C2013 -4
January S, 2013
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: Robertson Lake Dam Upgrades and Latimer Lake Dam Assessment
BACKGROUND
-rye Cky of salm 3dm
The approved 2012 Utility Fund Capital Program -Safe Clean Drinking Water category includes
the following two projects:
1. Detailed design of the Robertson Lake Dam upgrades including a possible Environmental
Impact Assessment.
2. Condition assessment and preliminary design of the Latimer Lake Dam and intakes.
A Request for Proposal (RFP) was advertised for the following services for the above noted
projects:
♦ Part A — Site Survey, Preliminary Investigation and Data Collection
♦ Part B — Preliminary Design, Cost Estimates and Design Report
♦ Part C — Public Consultation
♦ Part D — Detailed Design
♦ Part E — Tender Period Services, Materials Testing & Inspection, Redbook Notes
and Record Drawings
♦ Part F — Construction Management
PURPOSE
The purpose of this report is to make a recommendation for consulting engineering services for
these projects.
37
M &C2013 -4
January 8, 2013
Page 2
ANALYSIS
With a comprehensive terms of reference document developed by staff, a public call for
proposals was made for consulting engineering services. Submissions were received from three
consulting engineering companies.
A Review Committee of staff was selected to complete an analysis of all aspects of the
submissions:
♦ Brian Keenan, P.Eng.
Engineering Manager, Municipal Engineering
♦ David Russell, P.Eng.
Municipal Engineer, Municipal Engineering
♦ Dean Price, P.Eng.
Municipal Engineer, Municipal Engineering
♦ Cindy Calvin, C.P.P.B.
Acting Manager of Materials Management
Each member completed an independent review of the submissions, and a joint discussion was
held to develop the final ranking of submissions. The Review Committee came to a conclusion
on their recommendation, which follows later in the report.
The evaluation process uses the expertise of a variety of staff from Purchasing and Engineering
to ensure a thorough review of the various submissions. The work contemplated is very
significant and vital to the City's drinking water system. Care must be taken to ensure that the
necessary level of effort and expertise is being directed to the various tasks involved in the work,
while still ensuring that costs to be incurred are appropriate and controllable. It is for these
reasons that cost, although very important, cannot be the sole nor most critical deciding factor in
making the selection of a consulting engineering firm.
Proposals were received from three firms:
• GEMTEC Limited, Saint John, NB
• Dillon Consulting Limited, Saint John, NB
• GENIVAR Inc., Saint John, NB
As previously stated, the proposals were reviewed on the basis of the comprehensive and
detailed terms of reference and their relationship to the following criteria:
1. Quality and Completeness — Does the proposal address all of the needs raised.? Is the
proposal presented in an organized and professional manner?
M &C2013 -4
January 8, 2013
Page 3
2. Consultant's Experience — Has the consultant demonstrated a level of expertise with the
requirements of this project?
3. Experience of Employees /Sub- consultants — Has the consultant demonstrated a level of
expertise for the employees of the company and sub consultants listed.
4. Methodology — Does the approach to the project outlined in the proposal address, in a
realistic sense, attainable goals and is it in keeping with the City's expectations for the
project?
5. Value Added — What additional information, technology, process or options has the
consultant included in his proposal? Is there value added to the consultant's response for
this additional information.
6. Cost — Is the price quoted in line with the City's estimate for the work and has it allowed
for each aspect of the project to be adequately addressed?
After careful, independent consideration of presentation, company experience, personnel and
technical proposal, the Review Committee met to analyze the findings of each member. After
completion of the "technical" evaluation, the financial proposals were opened and addressed.
These had been submitted in separate, sealed envelopes.
After due consideration the Review Committee selected the submission of GENIVAR Inc. as the
best proposal based on an overall rating of the evaluation criteria - presentation, company
experience, personnel, technical proposal and cost.
The submission from GENIVAR Inc. met all of the requirements of the proposal call, in a
manner acceptable to the committee, with a financial proposal that represents the lowest cost
solution for the project.
FINANCIAL IMPLICATIONS
The proposed cost of work from GENIVAR Inc. to provide preliminary design services for the
Latimer Lake project as well as preliminary design, detailed design and construction
management services for the Robertson Lake project is $615,268 including the City's eligible
HST rebate. This cost is based on an estimated 25 week construction management period for the
Robertson Lake project.
The proposed cost of the preliminary design component of these projects is $307,231 including
the City's eligible HST rebate. An amount of $235,000 is included in the 2012 Utility Fund
Capital Program -Safe Clean Drinking Water Category for these projects. The remaining $72,000
can be covered within the Safe Clean Drinking Water Program envelope under the 2013 Utility
Fund Capital Program.
M &C2013 -4
January 8, 2013
Page 4
Staff is recommending that it would be appropriate, at this time, to only complete the preliminary
design portion of the work for both the Robertson Lake and Latimer Lake projects. The detailed
design and construction management portion of the Robertson Lake project would be completed
at a later date when construction funding is approved.
POLICY — ENGAGEMENT OF ENGINEERING CONSULTANTS
The costs incurred by the consultant will be paid in accordance with the terms of the Request For
Proposal at the rates submitted and accepted in the consultants proposal not to exceed the
Recommended Minimum Hourly Rates as contained in The Association of Consulting
Engineering Companies — New Brunswick fee guideline. The Construction Management
component of this project fee is based on an estimated 25 week construction period. The final fee
will be calculated based on the actual construction management period.
RECOMMENDATION
1. It is recommended that the proposal from GENIVAR Inc. for engineering services
(design and construction management) for the Robertson Lake Dam Upgrades and
Latimer Lake Dam Assessment project be accepted and that the Mayor and Common
Clerk be authorized to execute appropriate documentation in that regard.
2. It is recommended that Common Council approve the allocation of $72,000 from the Safe
Clean Drinking Water Program envelope of the 2013 Utility Fund Capital Program for
the Robertson Lake Dam Upgrades and Latimer Lake Dam Assessment projects.
Respectfully submitted,
fl
`.
David Russell, P.Eng.
Municipal Engineer
Wm Edwards, P.Eng.
Commissioner
Transportation & Environment
��
i
Brian Keenan, P.Eng.
Engineering Manager
atrick Woods, CGA
Manager
}
Canada Games Centre Aquatique
Aquatic Centre = y 7eux du Canada
Your Love of Swimming Starts Here;A
November 28, 2012
His Worship Mel Norton and
Members of Common Council
Your Worship and Councillors:
Subject: Canada Games Aquatic Centre Commission Response
RE: Affordability...
Thank you your letter dated October 23 regarding affordability. The Aquatic Centre encourages active
living for all ages and abilities through its quality programs and services. There are a number of
promotions /opportunities which enable the Greater Saint John Community to use the Aquatic Centre at
a reduced cost or for free.
The tot's toonie swim and the tropical swim have reduced admission fees and are offered twice per
week. We also have reduced rates for families, students and seniors. Children under the age of 3 are
free. A monthly family swim is also available and excess learn to swim capacity is donated to Prokids.
The Aquatic Centre also promotes swim specials on a regular basis such BOGO and $1 off coupons.
Healthy living is important for everyone and being active is an important component.
The Aquatic Centre offers a number of free activities and free swims during Water Safety Week, The
Aquatic Centre's Annual Open House, Winter Carnival and other special events. The Aquatic Centre
continually strives to contribute to the health, welfare and well -being of the citizens of the surrounding
communities.
Thank you for the opportunity to bring these programs to your attention.
Yours in Fitness and Health,
Colleen Kemp- Mitchell
Chair
Canada Games Aquatic Centre Commission
50 Union Street, Saint John, New Brunswick E2L 1A1 * 50 rue Union Street, Saint —Jean, Nouveau -
Brunswick E21L 1A1 Info Line/ Reseignemnets GeneauM(506) 558 -4737 www.a uatics. nb.ca
st
SAINT JOHN BOARD
OF POLICE
COMMISSIONERS
PO Box 1971
Saint John, New Brunswick
Canada EZL 4LI
Bureau des Commissaires du
Service de Police de Saint John
C.P. 1979
Saint John Nouveau - Brunswick
Canada E2L 40
CHRISTOPHER WALDSCHUTZ
Chair / Prdsident
MARY - EILEEN O'BRIEN
Vice Chair/Vice President
JONATHAN FRANKLIN
Secretary/Secretaire
MAYOR MEL NORTON
Commissioner /Commissaire
KAREN KEILLER
Commissioner /Commissaire
TIMOTHY CHRISTIE
Commissioner /Commissaire
GREG NORTON
Commissioner /Commissaire
WILLIAM G. REID
Chief of Police/Chef de Police
JACKIE FERRAR
Executive Administrator/
Secretaire Administrative
Telephone/Telephone:
(506) 674 -4942
Fax/TLlecopieur.-
(506) 648 -3304
E- mail/Courriel:
policecommission4saintiohn. ca
SAINT JOHN
Explore our past/
Explorez notre pass6
Discover your future/
D6couvrez votre avenir
January 9, 2013
M &C 2013 -03
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
Re: Response to Council Resolution respecting Sex Trade Workers
In response to Council's resolution on November 13, 2012 we wish to
advise that the following resolution was adopted at the Saint John Board
of Police Commissioners meeting on Tuesday, January 8, 2013.
"RESOLVED that the Saint John Board of Police Commissioners advise
Common Council that it is not feasible, lawful or ethical to use existing
City By -laws such as the Sidewalk By -law and Traffic By -law to be more
proactive in removing sex trade workers from the Uptown area; and that
a copy of this report be included as reference."
A copy of the report which was considered by the Police Commission is
attached for reference.
Respectfully submitted,
Christopher Waldschutz
Chairman
Saint John Board of Police Commissioners
Ijaf
encl.
42
REPORT TO SAINT JOHN BOARD
OF POLICE COMMISSIONERS
COMMITTEE OF THE WHOLE
January 08, 2013
Mr. Christopher Waldschutz, Chairman and
Members of the Board of Police Commissioners
Chairman Waldschutz and Members:
SUBJECT
Report on Common Council Resolution respecting Sex Trade Workers
BACKGROUND
1A
fit- F -
' -
A resolution was received at the December 04, 2012 meeting of the Saint John Board of Police
Commissioners "that Common Council request that the Saint John Police Commission submit a report
within 30 days regarding the feasibility of using existing City By -Laws such as the Sidewalk By -Latin and
Traffic By-law to be more proactive in removing prostitutes from the uptown areq specially on Cliff Street,
Coburg Street, Paddock Street, Peter Street, Garden Street and Waterloo Street." The Board has — by
resolution — referred the Common Council request to the Chief of Police, requiring a report for
the next meeting of the Board. At the same meeting, the Board heard presentations on the subject
from representatives of AIDS Saint John and from Councilor Fullerton.
Beyond the specifics of the Common Council request, the presenters and the Board members
were unified in their concern for the public safety and quality -of -life of all those involved.
THE LEGISLATIVE, JUDICIAL & STRATEGIC CONTEXT
Enforcement by the Saint John Police Force is enabled and bounded by legislative (e.g., Criminal
Code), judicial (e.g., case law) and strategic directives.
The Criminal Code (legislation) does not prohibit adult prostitution (that is, prostitution per se is
not illegal) yet many of the activities surrounding it are, making it difficult to engage in
prostitution without committing a crime. "As a result, persons selling sexual services or coerced
43
Mr. Christopher Waldschutz, Chairman and
Members of the Board of Police Commissioners
January 08, 2013
Page 2
Subject: Report on Common Council Resolution respecting Sex Trade Workers
into adult prostitution in Canada risk criminal sanctions for engaging in an activity that is not
itself illegal. Those most likely to be criminalized are primarily vulnerable women facing various
difficulties including poverty, homelessness and drug dependency. They also engage in the most
dangerous type of prostitution, street prostitution".' The activity cited in the Common Council
resolution is primarily linked to street prostitution in the identified areas.
The only sections of the Criminal Code that address adult prostitution (Sections 210 -213) forbid
communication for the purposes of prostitution in a public space; keeping or occupying a bawdy
house; or procurement.
It is significant that Criminal Code limitations on solicitation (the sex trade), and the absence of
further limitations on the sex trade under the Criminal Code, effectively preclude the use of
Provincial legislation or regulation (including municipal by -laws or regulation) to address the sex
trade. It is a fundamental tenet of the Canadian Constitution Act that constitutional distribution of
legislative powers — in order of precedence — assigns powers of national interest to the Parliament
of Canada (including criminal law); powers of local nature to Provincial Legislatures; concurrent
and shared powers between the two Ievels of government (old age pensions, immigration,
agriculture, environment and health); and residuary powe conferred on the federal parliament
(...the power to make laws for the peace, order and good government of Canada, in relation to all
matters not coming within the classes of subjects not assigned exclusively to the Legislatures of the
Provinces.) In short, because the Criminal Code addresses prostitution, only federal powers under
the Act can address prostitution.
The judicial context of law enforcement is formulated through case law ...a system of
jurisprudence based on judicial precedents rather than statutory laws. To the point at hand,
"Westendorp ( ... v. The Queen, [19831 1 S.C.R. 43) was a decision of the Supreme Court of
Canada on the Constitution's criminal law power. A unanimous Court found that a municipal -by
law, which prohibited standing in the street for the purpose of prostitution, was struck down as
ultra vires of the provincial government as the law was found to be one of criminal law ... its true
purpose was not to keep the streets safe but to control or punish prostitution. "2
From a strategic perspective, the Saint John Police Force looks to the Mission Statement and
Intelligence -Led Policing business model of the Business Plan. The Mission Statement of the
Police Force (capturing the essence and ethics of the Force in the fewest possible words) is
Police and the Community Working Together for a Safer Saint John.
"... We Serve and Protect — with Respect"
Respect is extended equally to all those served by the Force: residents, visitors, business owners,
victims and offenders. Status under the law does not confer or diminish respect for the
individual; respect is an essential element of civil society and ethical policing.
44
Mr. Christopher Waldschutz, Chairman and
Members of the Board of Police Commissioners
January 08, 2013
Page 3
Subject: Report on Common Council Resolution respecting Sex Trade Workers
The operational side of the strategic context is expressed by the Force's Intelligence -Led
Policing (ILP) business model. The ILP business model very successfully focuses on crime
reduction through a process of evidence based analysis, definition of the crime problem,
identification of the root cause(s) of the crime problem, implementation of crime reduction
strategies to resolve the crime problem and root causes of the problem, and evidence based
evaluation to determine if additional strategies should be layered upon earlier strategies. ILP
strategies are often determined and implemented in cooperation with community partners, and
may include initiatives that extend beyond traditional policing. The maxim `Law enforcement
whenever necessary, but not necessarily law enforcement' has been aptly coined by the Force to
describe this progressive policing paradigm.
ABOUT SEX TRADE WORKERS IN SAINT JOHN
Police Force knowledge about the nature and circumstances of sex trade workers in Saint John is
informed through enforcement activities; victim services; partnership with prevention, education,
advocacy and support agencies such as AIDS Saint John and STAC (Sex Trade Action
Committee); calls for service; research and analysis. In the end, it is the face -to -face interaction
with the street based sex trade worker that is most informative and most compelling.
Often the street based sex trade is described as `survival sex', meaning that it is prostitution
engaged in by people in extreme need — who are homeless or otherwise disadvantaged in society;
trading sex for food, a place to sleep, or other basic needs, or for drugs ...or for money to satisfy
those needs. Street prostitution is also often recognized as the most dangerous type of
prostitution. In combination `street prostitution as survival sex' is in many ways more of a safety
and social problem for the sex trade worker, than a crime problem for the community (although
it may also be a crime problem.) AIDS Saint John advises that the top three issues driving street
based sex trade are addictions, mental health, and poverty. From that perspective street based sex
trade is a symptom of social problems — the root cause of which are addictions (access to
treatment), mental health (treatment and support), and poverty (particularly access to affordable
housing.) The Honourable Wally Oppal — in his Report of the Missing Women Commission of
Inquiry — arrives at a similar conclusion when he states "there are symbiotic relationships
between poverty, drug addiction and the survival sex trade. "3 (p. 24)
The Saint John Police Force Intelligence -Led Policing experience indicates that addressing the
root cause of social and crime problems is the most effective and sustainable way to reduce
social and crime problems.
Gabor Mate — a Canadian physician and bestselling author, with a focus on understanding the
broader context in which human disease and disorders arise -- notes that many addicts that are
sex trade workers do so exclusively to finance their habit. "Many addicts could work at
productive jobs if the imperative of seeking illegal drugs did not keep them constantly on the
street. "4 The Saint John No -Wait -List Maintenance Methadone initiative is a measure that has
45
Mr. Christopher Waldschutz, Chairman and
Members of the Board of Police Commissioners
January 08, 2013
Page 4
Subject: Report on Common Council Resolution respecting Sex Trade Workers
resulted in significant crime reduction (perhaps for the reasons cited by Dr. Mate), although the
effectiveness of the initiative is now being compromised by the specter of a growing wait list.
AIDS Saint John estimates that there are 35 -55 women engaged in the street based sex trade,
with a consistent core of approximately 20 active sex trade workers. Localized support services
have been relatively effective in assisting women attempting to leave the sex trade. A key
component that is still unresolved is the provision of a bridging program — providing stable
housing and support on the path to stable employment.
Dr. Leslie Jeffrey of UNBSJ and President of AIDS Saint John advises "there has been an
epidemic of violence against sex workers around the world and across Canada, particularly for
street based workers." 5 In Vancouver 51% of sex trade workers have been assaulted in the past
year. Police crack -downs (enforcement) tend to increase vulnerability and victimization of sex
trade workers because it forces them to frequent less visible and less safe locations.
Since 2009 city -wide there were 32 prostitution related Criminal Code offences in Saint John. The
Police Force focus has been focused on crime reduction and addressing the root cause of the crime
and social problem. During the three year period from December 2009 to December 2012 there were
61 assaults within the Waterloo `village' area — all occurring at or near parking lots, open areas or
streets (i.e., not indoors), and therefore likely related to sex trade or drug activity.
The Report of the Missing Women Commission of Inquiry (the Oppal Report) concludes "there is a
clear correlation between law enforcement strategies of displacement and containment and increased
violence against women engaged in the sex trade. Their marginalized status ...resulted in the women
being seen as "nobodies" in the eyes of much of society. Often they were treated not as persons at all,
but as "sub - humans" diminished in the eyes of many by their "high -risk lifestyle" ...their devalued
social status made them the target of predators." (p.25)
ANALYSIS
From a legislative and judicial perspective, the application of "existing City By -laws such as the
Sidewalk By -law and the Traffic By -law to be more proactive in removing prostitutes from the
uptown area" is clearly invalid — that is, ultra vices or beyond the powers of a municipal entity.
Limitations on and enforcement of prostitution (the sex trade) are solely the domain of the
Parliament of Canada, and legislation and regulations thereof. This has been confirmed by case
law, and — in Westendorp v. The Queen, [1983] 1 S.C.R. 43 — was extended to invalidate any
Provincial (and therefore municipal) action where "the true purpose [is] not to keep the streets safe
but to control or punish prostitution."
Currently the Supreme Court of Canada has consented to hear a constitutional challenge (an
Ontario Court ruling) that "struck down a law that outlaws brothels, and modified another law
against "living off the avails" of prostitution, but upheld an effective ban on street prostitution.
The Supreme Court also agreed to maintain a stay on the Ontario court's ruling, which means
that current laws should stay in effect until the top court has ruled. ,6 The Saint John Police Force
46
Mr. Christopher Waldschutz, Chairman and
Membcrs of the Board of Police Commissioners
January 08, 2013
Page S
Subject: Report on Common Council Resolution respecting Sex Trade Workers
will continue to enforce the respective sections of the Criminal Code as necessary, pending a
decision of the Supreme Court.
Evidence indicates that street -based survival sex is the most dangerous type of prostitution, and
is largely driven by addictions, mental health issues and poverty. Enforcement initiatives alone
(police `crack - downs') tend to increase vulnerability and victimization of sex trade workers
because it forces them to frequent less visible and less safe locations. As discussed in his report
on the Missing Woman Commission Inquiry, the Honourable Wally Oppal acknowledges the
Vancouver Police Department's (VPD) law enforcement strategy on "tolerance zones."
"Responding to pressure from residents, business owners and municipal politicians who could
not tolerate the nuisances created by the street -level sex trade, the VPD pursued a strategy of
containing the women into more remote and unsafe parts of downtown Vancouver. Through this
strategy, the sex trade was displaced but not eliminated. One can understand the concerns of the
residents, but the women became unwitting victims of the law enforcement strategy. The
unintended consequence was that police create a space for the survival sex trade to exist where
the women were violated, often with impunity." (p.66) This displacement strategy essentially
put an already vulnerable and marginalized group of woman at further risk. The Police Force
Intelligence -Led Policing experience indicates that addressing the root cause of social and crime
problems (addiction, mental health, and poverty) is the most effective and sustainable way to
reduce social and crime problems. This is consistent with the Force's "Serve and Protect, with
Respect" Mission Statement; it reflects concern for the safety and quality -of -life for all:
residents, visitors, business owners, victims and offenders. Given the limited number (20) of
active sex trade workers in Saint John, there is a strategic opportunity to successfully engage
with community partners in addressing root causes and reducing the crime and social problems.
CONCLUSION
On the question posed by resolution of Common Council, it is neither feasible nor lawful to use
existing City By -Laws such as the Sidewalk By -Law and Traffic By -law to be more proactive in
removing prostitutes from the Uptown area.
There is a strategic opportunity to successfully engage with community partners in addressing root
causes and reducing the crime and social problems associated with street -based sex trade in Saint
John. The Saint John Police Force has already engaged with community partners for strategic
interventions. Common Council may also wish to engage with community partners for strategic
interventions; this is a role that Common Council could serve with distinction.
Respectful balancing of the safety and quality -of -life interests of residents, visitors, business
owners, victims and offenders is necessary but challenging. The 2006 Report of the Select
Committee on Solicitation laws noted that examination of the law "revealed significant elements of
agreement and disagreement with respect to the appropriate legal and social response to
prostitution, probably reflecting the conflicting views of Canadians more broadly." Consensus
47
Mr. Christopher Waldschutz, Chairman and
Members of the Board of Police Commissioners
January 08, 2013
Page 6
Subject: Report on Common Council Resolution respecting Sex Trade Workers
building is needed nationally and locally (p. 92.) Dr. Mate has stated "Not every story has a
happy ending ... but the discoveries of science, the teachings of the heart, and the revelations of
the soul all assure us that no human being is ever beyond redemption. The possibility of renewal
exists so long as life exists. How to support that possibility in others and in ourselves is the
ultimate question."
Saint John is the type of caring, progressive and respectful community that can resolve that
question. The request by Common Council allows an opportunity to shine a light on the most
effective solutions.
Speaking on his Report of the Missing Women Commission Inquiry, the Honourable Wally
Oppal emphasized that the missing women were treated as "nobodies" by police and the
community. This is not a criticism we want applied to Saint John.
Much of this report quite correctly speaks of alternatives to enforcement when addressing the
street -based sex trade in Saint John. Enforcement is such a blunt tool, when much greater
precision and nuance is often required. But to be clear, the Force will engage in enforcement
when it is the least -harms and most effective solution. Again ...law enforcement whenever
necessary, but not necessarily law enforcement.
RECOMMENDATION
That the Saint John Board of Police Commissioners advise Common Council that it is neither
feasible nor lawful to use existing City By -laws such as the Sidewalk By -law and Traffic By-
law to be more proactive in removing prostitutes from the Uptown area, and that a copy of this
Report be included as reference.
C Report of the Subcommittee on Solicitation Laws; 2006. The Challenge of Change: A study of Canada's criminal
prostitution laws. House of Commons Canada. pg.i
2 Wikipedea. Westendorp y. The Queen. Referenced December 21, 2012 at
http: / /en.wikipedia.org /wiki /Westendorp v. The Queen
3 Oppa1, W. (2012). forsaken: The report of the Missing Women Commission of inquiry; Executive Summary.
4 Mate, G. (2008). In the Realm of Hungry Ghosts. Close encounters with addictions. Toronto: Vintage Canada. pp.
306 -307
S Jeffrey, L. (2012). Presentation at Saint John Board of Police Commissioners; December 04, 2012.
6 Reuters. Canada's top court lets prostitution challenge proceed. Referenced December 22, 2012 at
http: / /ca. reuters. com / article/ domesticNews /idCABRE890llL20121025
Sculpture
SAINT JOHN
Mayor Mel Norton
Members of Common Council
RECEIVED
COMMON CLERK'S OFFICE
JAW 10 2013
CITY OF SAINT JOHN
Sculpture Saint John
PO Box 20090
RPO Brunsveick Square
Saint John. NB
E; L 5B2
..,. ^,�.Scuiptu:cSautlJniut.�. m
Twitter - -�sculpturesj
Facebook sculpfuresaintjohn
On behalf of the organizing committee for Sculpture Saint John, and the
Board of Directors for New Brunswick International Sculpture Symposium, I
would like to thank you and the City of Saint John for their generous support
of the 2012 Sculpture Saint John symposium.
Sculpture Saint John was successful beyond everyone's expectations and we
have covered all of our expenses with either cash or in -kind donations from a
multitude of generous donors. Preliminary planning has already begun
towards the 2014 Sculpture Saint John symposium and there is a growing list
of communities wanting to participate that stretches from St. Andrews to
Hampton.
The next event will have an expanded "Education Component" and there will
be other additions and changes that will see Sculpture Saint John's scope
expand.
This was an amazing first -time event and many thanks go to the City of Saint
John. I would like to let you know that many departments within the city went
above and beyond to assist us during the event. I would be remiss if I didn't
point out some of these departments and individuals.
- City Manager, Pat Woods was very supportive and offered many in-
kind services
- Fire Chief Kevin Clifford offered the services of the Fire Department in
any way that they could help, making available their equipment and fire
fighters
- Mark Seely and his crew helped in numerous ways especially with
disposing of the unused granite on a regular basis and the major
cleanup at the end of the symposium.
Other departments played significant roles as well, Fleet Services, City shops
and Leisure Services.
Basically, any time something was needed during the symposium, the city
employees stepped up and ensured the job was done.
It was such a pleasure working with the many city staff and I hope we will
have the opportunity to work together again for the next symposium in 2014.
Thank you again for helping to make Sculpture Saint John such a success.
Sincerely,
Diana J Alexander, Chair
New Brunswick International Sculpture Symposium
Sculpture Saint John
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51
SCULPTURE SAINT JOHN 2012
Interesting Facts
Lead -Up
• 150 artists from 47 countries around the globe applied to participate in Sculpture Saint
John;
• 18 applicants vied for the six apprenticeship positions;
• Over 300 tons of raw granite were set aside for the artists to choose from in two local
quarries;
• 120 tons of raw granite and basalt were chosen by the artists and eventually transferred
to the waterfront site.
Site
• 35,650 people visited the site over the six week period making this the largest artistic
event in New Brunswick this year;
• 25 local school classes visited the site;
• a group from McGill Architectural School made Sculpture Saint John a planned visit
while on course in New Brunswick;
• 75 volunteers gave tours to groups of varying sizes throughout the event;
• the site had to be closed for inclement weather only one day in the six week period;
• Over 80 hours of crane use was required to lift, reposition and eventually transfer the
six sculptures to their permanent homes.
Sponsorship/Fundraising
• Over $15,000 in small bills and change was collected at the site in a free -will donation
box;
• The seven top donors exceeded the level we had set ($20,000) in either their cash or
their in -kind donation;
• There were 82 categorized donors and many others who gave donations below $100;
• Volunteers gave countless hours of uncalculated time and talent in a myriad of ways;
Other
• There were 13883 visits to our website during the event, 8414 unique visitors, 50890
page views and an average time on the site of 3.01 minutes;
• Visitors came from almost every province and US state as well as countries including
Germany, Japan, Ireland, France, Australia, Italy, Puerto Rico, Brazil, Saudi Arabia
and Scotland;
• CTV did a special Live at 5 broadcast from our site
52
• Each of the six community partners had a dedicated day on site to feature their
community
• Three of the communities ( Grand Bay Westfield, St George and Quispamsis) received
their first piece of public art through the symposium
.•W
sculpture
SAINT JOHN
August 2 - September 15, 2012
A Project of
New Brunswick International Sculpture Symposium Inc.
yin
FA
Y �
January 10, 2013
To The Mayor and Council of the City of Saint John,
On a recent radio program, I was very impressed with the description which Bobby Hayes
provided of what the Joshua Group does for at -risk youths of the city.
As part of his presentation he gave thanks to the local union members for the donated labour
which will they will provide to help bring the building on Sandy Point Road up to code in order
that a safe building is available.
I respectfully request that the City of Saint John consider providing in -kind support in the form
of the required building permit being issued at no cost to the Joshua Group.
I feel that that the work which the Joshua Group does for these kids will benefit the city in the
long run as I'm sure these kids will grow to be good citizens.
Yours truly,
r /
Kirby Lucas
49 Regent Street
Saint John, NB
LoLocal M I �F
�rA�
P.O. Box 54
Saint John, N.B.
Saint John Fire Fighters'
E2L 3X9
1aff771@nbnet.nb.ca
Association
Mayor Norton and Common Council
List of our 2013 Executive Members
PRESIDENT: Paul Stackhouse
RECORDING SECRETARY: Larry Cook
SECRETARY TREASURER: David Johnston
VICE PRESIDENT: Peter Alexander
VICE PRESIDENT: Peter Collings
Regards,
Larry Cook
Larry Cook
Recording Secretary
Local 771, IAFF
56
January 10, 2013
Actionable Resolutions - Reflecting up to the January 7, 2013 Council Meeting
Date Made
Resolution
Councillor
Staff
Status
RESOLVED that city staff bring forward a recommendation to
Common Council on the feasibility of implementing anti - whistling
legislation which would limit the use of train horns during specific
hours in locations where railway crossings are in close proximity
to residential neighbourhoods and people are subsequently
6/9/2008
affected.
Donnie Snook
City Manager
Incomplete
RESOLVED that the submitted letter from Karen Kincade dated
October 21, 2008 be formally referred to the Ability Advisory
Board for a full and comprehensive report on all of the various
topics; and further, that upon request, City staff provide the
Council's Ability
12/22/2008
necessary support to the Advisory Committee;
Joe Mott
Advisory Board
Incomplete
RESOLVED that the City Manager bring forward a report to
Council, outlining the mandates and /or justification for the
various commissions, boards and committees of common council
and subsequently make recommendations on how we could
create greater efficiencies by reducing the number of
commissions, boards and committees of Council through the
elimination and /or consolidation of any of these bodies and
1/12/2009
through the establishment of clear reporting procedures.
Donnie Snook
City Manager
Incomplete
RESOLVED that the letter from Councillor Killen dated January 21,
2009 regarding an exemption from flat rate water use increases
be referred to the City manager and the City Solicitor for a report
City Manager and
1/26/2009
and recommendations.
Carl Killen
City Solicitor
Incomplete
RESOLVED that the priorities outlined in the presentation from
the Ability Advisory Committee be referred the Acting City
Manager for a report and recommendation, and further, that the
report include a review of the City of Saint John's workforce and
8/31/2009
1human resources practices to ensure inclusion /diversity practices.
n/a
ICity Manager
lIncomplete
57
Date Made
Resolution
Councillor
Staff
Status
RESOLVED that Council consider strengthening whatever by -laws
exist that safeguard monuments and public spaces, specifically
that sitting, standing, skate - boarding and /or other activities be
prohibited on monuments; that signage be erected that indicates
such prohibitions; that consideration be given to some form of
general prohibition on loitering, the details to be provided in a
report on the issue developed by the City Manager in
9/29/2009
consultation with the City Solicitor and with the police.
Carl Killen
City Manager
Incomplete
RESOLVED that the City Manager be directed to develop a policy
framework which will allow City Staff to work safely within the
area of community engagement forums, and further, that a
report and recommendation be submitted to Council by June 1,
3/29/2010
2010.
Peter McGuire
City Manager
Incomplete
Staff report back to Council with the results of the Environmental
Impact Assessment and a plan for phased implementation of the
5/25/2010
detention ponds and remaining Associated Works.
n/a
City Manager
Incomplete
Direct that a multi disciplinary staff team, including the City
Solicitor, examine the existing legislative context in light of the
proposal set out herein and identify any amendments which
might be required to realize this proposal; and, additionally, that
the nature and scope of authority of a public utilities commission,
together with its terms of reference, guiding principles,
stewardship responsibilities and relationship with Council, be
7/19/2010
articulated for submission to and consideration by Council.
n/a
City Solicitor
Incomplete
RESOLVED that the City Manager report back to Council in one
month's time with a short term and long term plan for the
enhancement of the green space area adjacent to the Martinon
9/13/2010
lCommunity Centre.
I Peter McGuire
ICity Manager
lincomplete
58
Date Made
Resolution
Councillor
Staff
Status
RESOLVED that the City Manager and the City Solicitor be
directed to investigate the feasibility of creating a deferral
payment plan, or other options, for citizens who cannot afford to
City Manager and
12/20/2010
pay for future water utility increases.
n/a
City Solicitor
Incomplete
RESOLVED that the City Manager explore the feasibility of
creating an "After Hours" PALS program support model for the
City of Saint John's Community Centres in order to ensure that
children and youth have an increased level of mentorship,
support, and recreational opportunities. The goal is to ensure
there are sustainable and enhanced programs in our community
centres through the establishment of creative partnerships with
1/4/2011
local businesses.
Donnie Snook
City Manager
Incomplete
RESOLVED that the City Manager direct the appropriate City of
Saint John staff to open discussions with the owners of the listed
properties on Manawagonish Road to begin the process of
remediation, with a forthcoming report updating Common
2/14/2011
Council.
Peter McGuire
City Manager
Incomplete
RESOLVED that as recommended by the Committee of the Whole
(Closed Session), the City Solicitor or his designate be
authorized to commence legal proceedings against the Town of
Rothesay before the Court of Queen's Bench of New Brunswick
arising from the Town of Rothesay's breach of a 1996 Agreement
between its predecessor, the Village of Renforth, and The City of
Saint John respecting the supply of water by The City of Saint
John to the areas known as Kennebecasis Park and Hastings Cove
2/14/2011
in the Town of Rothesay.
n/a
CitySolicitor
Incomplete
59
Date Made
Resolution
Councillor
Staff
Status
Seek appropriate cost sharing agreements with the Province of
New Brunswick and the Government of Canada for total Program
funding over four years (2012 to 2015) of
$172,300,000 (or approximately $57,433,000 from each funding
4/11/2011
partner)
n/a
City Manager
Incomplete
RESOLVED that the letter from Councillor Farren entitled By -Law
to Prevent the Feeding of Deer Within City Limits be referred to
5/24/2011
the City Solicitor for a report and recommendation.
Bill Farren
City Solicitor
Incomplete
RESOLVED that as recommended by the City Manager in the
submitted report M &C 2011 -149: Glen Falls Flooding and
Residential Relocation, Common Council:
3) Reviews the Flood Risk By -law as it may be applied to the flood
risk area identified in the forebay; reviews By -law for changes to
prevent further residential construction in the flood risk areas;
revises flood risk areas based on Stormwater Management
6/20/2011
Strategy model;
n/a
City Solicitor
Incomplete
RESOLVED that the City Manager be directed to examine every
option to find the funds for the noted repairs at Seaside Park and
report back to Council as soon as possible so these repairs can
7/4/2011
move ahead in 2011.
Bill Farren
City Manager
Incomplete
RESOLVED that Council refer to the City Manager for a review,
recommendation (and, if recommended implementation prior to
the end of September 2011) on a trial basis the installation and
broadcast of a live webcam feed from Rockwood Park and
Rainbow Park with a view to establishing similar webcam feeds
7/4/2011
from other popular Saint John locations.
Mel Norton
City Manager
Incomplete
RESOLVED that the submitted letter from the Leisure Services
Advisory Board be referred to the City Manager for a report and
7/4/2011
recommendation.
n/a
City Manager
Incomplete
.1
Date Made
Resolution
Councillor
Staff
Status
RESOLVED that the City Manager review the steps necessary for
direct investment from the General Fund in clean water
infrastructure in Saint John, and how the payment of this
investment can be generated beyond the water ratepayers, and
8/15/2011
to report back to Council on this matter.
Mel Norton
City Manager
Incomplete
RESOLVED that the matter of chalk art and busking on the City
streets and sidewalks be referred to the City Manager and City
City Manager and
9/12/2011
Solicitor for a report and recommendation.
Ivan Court
City Solicitor
Incomplete
RESOLVED that the City Manager be directed to explore the
possibility of establishing a closer financial relationship with the
Parking Commission whereby the City could potentially receive
9/12/2011
revenue from on- street and off - street parking.
n/a
City Manager
Incomplete
That the City give written notice to the New Brunswick Power
Nuclear Corporation and the New Brunswick Power Holding
Corporation in the submitted form of the City's desire to
negotiate a new or replacement agreement to the agreement
executed on November 2nd,1999 between the City and the New
Brunswick Power Corporation respecting the City's provision of
fire protection services on the latter's behalf at the Point Lepreau
Nuclear Generating Station in accordance with Article 5 thereof
(the "1999 Agreement "), and further
Common Council direct the Acting Fire Chief or his designate, in
collaboration with the City Solicitor or his designate, to negotiate
and draft a new or replacement agreement to the 1999
Agreement with the appropriate corporate entity for the
subsequent consideration of Common Council and such
City Manager and
10/3/2011
jappropriate corporate entity.
I n/a
ICity Solicitor
lincomplete
61
Date Made
Resolution
Councillor
Staff
Status
RESOLVED that the Common Clerk forward all previously
submitted reports regarding Safe Clean Drinking Water and all
future reports on the subject to the local provincial caucus and to
10/24/2011
MP Rodney Weston.
n/a
Common Clerk
Incomplete
That the letter from Kirby Lucas regarding parking on Regent
11/7/2011
Street be referred to the City Manager.
n/a
City Manager
Incomplete
Commissioner of
Refer this report to the Commissioner of Finance for an
Finance and
affordability analysis of the PS &I Plan Version 2 and financial
Administrative
11/7/2011
recommendations;
n/a
Services
Incomplete
That Common Council direct the City Solicitor to commence the
process of revising the By -law in a manner that incorporates the
12/5/2011
Ireform recommendations outlined in this report;
I n/a
ICity Solicitor
lincomplete
62
Date Made
Resolution
Councillor
Staff
Status
That the Advisory Committee be immediately tasked with
studying and making recommendations to Common Council
regarding: (1) the setting of the technical /operational
requirements of the meters to be used in the Taxi Industry, and
(2) the setting of a program to inspect and test the integrity of
meters and to develop a system that renders meters "tamper
proof ". Once the work of the Advisory Committee is carried out,
Common Council will consider the resulting recommendations
and direct the City Solicitor to incorporate, where necessary, the
recommendations of the Advisory Committee into the By -law.
That the Advisory Committee be immediately tasked with
studying and making a recommendation to Common Council
regarding the curriculum and implementation of taxicab driver
training program. Once the work of the Advisory Committee is
carried out, Common Council will consider the resulting
recommendations and direct the City Solicitor to incorporate,
where necessary, the recommendations of the Advisory
Advisory
12/5/2011
Committee into the By -law.
n/a
Committee
Incomplete
That the Chief of Police and the City Solicitor to be directed to
review the administration and enforcement requirements under
the By -law and advise Common Council of the resources required
to properly carry out these functions. The purpose of this exercise
will be to ensure that the license fees charged under the By -law
Police Commission
12/5/2011
will achieve cost recovery for administration and enforcement.
n/a
and City Solicitor
Incomplete
4) Follows up to determine the current storage space available in
6/20/2011
the forebay area;
n/a
City Manager
Incomplete
63
Date Made
Resolution
Councillor
Staff
Status
5) Prepares a comprehensive program of inspection and
6/20/2011
maintenance for Marsh Creek Drainage system;
n/a
City Manager
Incomplete
6) Updates a flood response contingency plan in the event of
flooding with warnings and public communications for severe
6/20/2011
events — through Saint John EMO;
n/a
City Manager
Incomplete
7) Engages the services of a consultant to determine the benefit
and feasibility of constructing detention reservoirs on Kelly Lake
6/20/2011
and Ashburn Lake and models the performance of Majors Brook
n/a
City Manager
Incomplete
8) Consults with the YMCA (owners) concerning Ashburn Lake to
determine interest in possibly re- building an outlet control
structure for the dual purposes of the recreation facility and flood
6/20/2011
water storage;
n/a
City Manager
Incomplete
9) Consults with appropriate staff of other government levels (eg
NBEMO) regarding flood assistance and other programs that may
6/20/2011
be pertinent to this situation;
n/a
City Manager
Incomplete
10) Consults with owners (Irvings) of the forebay lands to
City Manager and
6/20/2011
determine current status;
n/a
City Solicitor
Incomplete
11) Develops a feasible assistance program for private property
owner based on an appropriate cost sharing model and pursue tri
6/20/2011
level government support;
n/a
City Manager
Incomplete
12) Directs the City Solicitor to review the legal ownership of the
creek system and physical structures and responsibilities arising
therefrom for maintenance and efficiency performance in
6/20/2011
Icarrying flows.
I n/a
ICity Solicitor
Incomplete
64
Date Made
Resolution
Councillor
Staff
Status
RESOLVED that report dated December 9, 2011 entitled
Consultant's Report — Fleet Evaluation Project, and the Executive
Summary from Mercury Associates, be referred to the City
Manager and Fleet Staff with a directive to report back to Council
with;
a) The development of a comprehensive fleet utilization and
replacement policy,
b) The development of a business model that will see the
complete recovery by the Fleet Services Division of their
operating costs while providing sufficient funding from the annual
operating budget to facilitate a stable and sustainable fleet
replacement program,
c) The development of a Fleet operational model that will support
an efficient and effective division that will work cooperatively
with the user departments to provide them with the information
they need to determine the most cost effective levels of service
they can provide with the available assets, and
d) To create a process for the periodic review of the size,
configuration and effectiveness of the fleet related to service
12/12/2011
delivery.
n/a
City Manager
Incomplete
RESOLVED that the City Manager be directed to submit a plan and
recommendation so as to bring the City of Saint John's water and
sewerage rates within the average cost of communities in New
Brunswick, within a defined period of time, including a review of
other similarly situated municipalities throughout Canada,
including comparators in terms of the technology of water and
wastewater systems along with scenarios based on cost sharing
12/19/2011
land non -cost sharing models projecting out to 2025. 1
n/a
ICity Manager
lIncomplete
65
Date Made
Resolution
Councillor
Staff
Status
RESOLVED that the City Manager be directed to ensure that
necessary and appropriate steps are taken to communicate
Council's support with regard to the proposed tax relief measures
for public transportation systems in New Brunswick as outlined in
Councillor Snook's submitted letter entitled Public Transportation
Tax Reforms, Generation of New Revenue for Transit and
1/3/2012
Innovative Transportation Solutions.
Donnie Snook
City Manager
lincomplete
RESOLVED that the City Manager be directed to explore potential
City Manager,
partnerships /funding for the creation of innovative transportation
Parking
options in the City of Saint John; and further that this be referred
Commission and
1/3/2012
to the Parking Commission and to Enterprise Saint John.
Donnie Snook
Enterprise SJ
Incomplete
RESOLVED that Council direct the City Manager to draft a
governance policy on the appropriate use and non - appropriate
use of City owned vehicles; and further, that this draft report be
presented to Council no later than the first Council meeting of
1/3/2012
March 2012.
Bill Farren
City Manager
Incomplete
That the request to present by the Saint John Port Authority be
1/16/2012
referred to the Common Clerk for scheduling.
n/a
Common Clerk
Incomplete
RESOLVED the report entitled M &C 2012 -013: Traffic Line
Painting Truck be tabled and the City Manager be directed to
investigate whether the neighbouring municipalities would be
interested in cost - sharing the traffic line painting truck; and
further, that the cost of contracting out the service also be
Common Clerk and
1/16/2012
1 investigated.
I n/a
lCity Manager
lIncomplete
..
Date Made
Resolution
Councillor
Staff
Status
RESOLVED that as recommended by the City Manager in the
submitted report M &C 2012 -20: Traffic Line Painting Future
Service Delivery:
1. Delay the purchase of updated traffic line painting equipment
and salting /sanding attachment, and
2. Direct the City Manager to complete a detailed Traffic Line and
Marking Service Outsourcing Decision review and recommend a
1/30/2012
service delivery model to Council in 2012.
n/a
City Manager
Incomplete
That the letter from the Saint John Ability Advisory Committee
2/13/2012
regarding Transportation be referred to the Transit Commission.
n/a
Saint John Transit
Incomplete
That as recommended by the City Manager in the submitted
report M &C 2012 -046: Space Needs Analysis:
1. That The City of Saint John accept Ashford Properties Inc.'s
offer to perform, for the City, a space use optimization analysis
for the City's leasable area at City Hall; and further
3/12/2012
2. That Staff report back to Council upon receipt of the Report.
n/a
City Manager
Incomplete
RESOLVED that the submitted letter from the Cities of New
Brunswick Association, dated February 14, 2012, regarding the
adoption of a by -law respecting Jacob brakes be referred to the
3/26/2012
City Solicitor for a report.
n/a
City Solicitor
Incomplete
RESOLVED that item 11.2 Graffiti from the Common Council
agenda of March 26, 2012, be referred to the City Solicitor with a
view to preparing a report and recommendation on the
implementation of the graffiti management by -law for the City of
3/26/2012
Saint John.
Mel Norton
City Solicitor
Incomplete
67
Date Made
Resolution
Councillor
Staff
Status
Common Council convene a Water Committee Meeting with
provincial and federal counterparts. The meeting would provide
an opportunity to exchange updates on the Safe, Clean Drinking
Water Program, and inquire as to whether the Government of
Canada is able to fund 50 percent of the costs to conduct the P3
Business Case and value for Money Study, and finally, to
determine the level of support and cooperation from the
4/10/2012
Government of New Brunswick.
n/a
City Manager
Incomplete
RESOLVED that scenario four in the submitted report entitled
Sport Field Fee Increases proposing an hourly sports field rate
structure of $23.00 per hour for adults and $2.00 per hour for
youth, be approved by Council; and that as recommended by the
City Manager in said report, staff be directed to consult with
members of the public and stakeholder groups about an overall
policy guiding decisions on sport user fees and bring same back to
5/7/2012
Council for consideration.
n/a
City Manager
Incomplete
RESOLVED that the funding for lifeguards at our beaches
previously withdrawn be re- instated, and further that the item be
referred to the City Solicitor to examine if there is a legal process
by which funding for lifeguards could be guaranteed annually and
5/7/2012
report back to Council.
Ivan Court
City Solicitor
Incomplete
RESOLVED that as recommended by the City Manager in the
submitted report entitled ONE Change Inc. Proposal - Community
Centre Management & Operations, the City Manager be directed
to finalize a formal service agreement with ONE Change Inc. for
the operation of the C.E. Nicolle Community Centre for Council's
5/7/2012
1consideration and approval.
I n/a
ICity Manager
lincomplete
.:
Date Made
Resolution
Councillor
Staff
Status
RESOLVED that the City Manager be directed to present a
progress report to Council with regard to Rainbow Park. This
report should provide P.U.LS.E with the opportunity to update
6/18/2012
Council on the work it has undertaken with regard to same.
Donnie Snook
City Manager
Incomplete
RESOLVED that report to Common Council highlighting the key
components of City's internal and external communication
strategy updating Council with regard to the various items
6/18/2012
outlined in Councillor Snook's submitted letter.
Donnie Snook
City Manager
Incomplete
That the Multicultural Association of Saint John Inc. request for a
representative from The City to the Board of Directors of the
Multicultural Association, be referred to the Nominating
Nominating
6/18/2012
Committee.
n/a
Committee
Incomplete
RESOLVED that the Parking Commission be requested to
investigate a text -to -pay (mobile payment) system for submitting
parking violations and report back to council with a
Saint John Parking
6/18/2012
recommendation in six weeks.
Greg Norton
Commission
Incomplete
That as recommended by the City Manager in the submitted
report M &C 2012 -173: Contractor Access on City of Saint John
Land that Council:
1. Give permission to a contractor or contractors to undertake
improvements to Rainbow Park subject to direction from City
staff.
2. Direct staff to prepare for Council's consideration a policy that
would set out suitable guidelines and criteria to allow staff to 'fast
7/3/2012
track' certain projects without seeking explicit Council approval.
n/a
City Manager
Incomplete
RESOLVED that the letter from Councillor Farren entitled
Formation of the Energy and Trade Development Committee of
Common Council, be referred to the City Manager to seek input
7/3/2012
on the matter from representatives of the Irving Oil Refinery.
Bill Farren
City Manager
Incomplete
29
Date Made
Resolution
Councillor
Staff
Status
RESOLVED that the City Solicitor be directed to prepare a
Procedural By -Law amendment so as to make it expressly clear in
section 3.10 of the By -Law that the two - thirds vote required is
two- thirds vote of the entire Council; and that the City Solicitor
be directed to prepare for Council's consideration that
amendment and, in addition the Solicitor be directed to bring to
Council's attention all provisions of the By -Law which establish a
two - thirds vote requirement and make any recommendation
necessary so as to clearly establish in each case of reference to a
two - thirds vote that it is either a two - thirds vote "of the entire
council" or "of the members present and not disqualified from
7/3/2012
voting ".
David Merrithew
City Solicitor
Incomplete
RESOLVED that the letter from Mary Ellen Carpenter dated June
20, 2012 Regarding Truck Routes be referred to the City
7/16/2012
Manager.
n/a
City Manager
Incomplete
RESOLVED that the Police Commission be requested to
investigate the implementation of a Citizen Online Crime
Reporting System and report back to council with a
7/23/2012
recommendation in six weeks.
Greg Norton
Police Commission
Incomplete
RESOLVED that, as Council's representative on the Transit
Commission, Councillor Snook will work directly with other
Municipalities in New Brunswick to ensure that necessary and
appropriate steps are taken in order to successfully advocate tax
reforms for public transportation in New Brunswick as outlined in
Councillor Snook's submitted letter, dated July 12, 2012, entitled
Public Transportation Tax Reforms and Innovative Transportation
Saint John Transit
7/23/2012
ISolutions Tax Relief and Reforms. I
Donnie Snook
lCommission
lincomplete
70
Date Made
Resolution
Councillor
Staff
Status
RESOLVED that as suggested in Councillor Snook's submitted
letter, dated July 12, 2012, entitled Public Transportation Tax
Reforms and Innovative Transportation Solutions Tax Relief and
Reforms, Common Council request that Enterprise Saint John
explore potential partnerships /funding for the implementation of
Enterprise Saint
7/23/2012
creative and innovative transportation options.
Donnie Snook
John
Incomplete
RESOLVED that the City Manager, or his designate, be directed to
review upcoming Council agendas and prepare briefing notes on
7/23/2012
those issues which are likely to attract media attention.
Shelley Rinehart
City Manager
Incomplete
RESOLVED that the City Manager and /or the Common Clerk be
directed to develop a briefing document for all groups or
organizations to which Council is asked to nominate or appoint
members. Those briefing booklets should, among other things,
clearly define the relationship between the group and Council,
any contractual or other documented agreements between the
group and Council and the nature of their appointment by
City Manager and
7/23/2012
Council.
Shelley Rinehart
Common Clerk
Incomplete
RESOLVED that the Nominating Committee be tasked with
developing a mechanism whereby (i) Council appointees provide
regular written updates on the activities of the organization to
which they have been appointed; (ii) Council appointees provide a
record of their attendance; (iii) Council appointees provide
Nominating
information should a time sensitive issue come up that is of
Committee and
7/23/2012
particular importance to Council or the City.
Shelley Rinehart
Common Clerk
Incomplete
RESOLVED that the letter from Councillor Merrithew entitled
Budget Process Study be tabled pending a report from the City
Common Clerk and
7/30/2012
Manager.
David Merrithew
City Manager
Incomplete
71
Date Made
Resolution
Councillor
Staff
Status
RESOLVED that Council instruct the City Manager and City
Solicitor to determine the process and mechanics required to join
the two boards (Transit and Parking) and to report back to
City Manager and
7/30/2012
Council.
David Merrithew
City Solicitor
Incomplete
RESOLVED that the City Manager be directed to provide a report
outlining the legal and financial relationship between the City and
the Trade & Convention Centre and a summary of needed work
7/30/2012
and related costs.
John MacKenzie
City Manager
Incomplete
RESOLVED that item 12.6 Synopsis and Comment Upon the
Regional Service Delivery Act be received for information; and
further, that the City Solicitor be authorized to distribute this
report to the Cities of New Brunswick Association and other
7/30/2012
municipalities.
n/a
City Solicitor
Incomplete
RESOLVED that item 11.5 Criminal Record Checks for appointees
Common Clerk and
8/13/2012
be referred to the Common Clerk and City Solicitor.
Susan Fullerton
City Solicitor
Incomplete
RESOLVED that the City Manager be directed to examine the
truck routes in Saint John and make recommendations to
8/13/2012
improve public safety.
Shelley Rinehart
City Manager
Incomplete
RESOLVED that the City Solicitor be directed to prepare a draft
fire prevention by -law, which is to include the cost of
8/13/2012
enforcement and cost recovery fees.
n/a
City Solicitor
Incomplete
RESOLVED that the submitted report entitled By -Law Respecting
Unsecured Refuse on Properties, be received for information; and
further, the City Solicitor be directed to report back with a draft
By -Law Respecting Unsecured Refuse on Properties, by the end of
8/13/2012
November 2012.
n/a
City Solicitor
Incomplete
RESOLVED that the City Manager be directed to devise a plan to
complete the outstanding resolutions of Council appearing on the
8/13/2012
JActionable Items /Record of Motions document.
I Bill Farren
ICity Manager
lIncomplete
72
Date Made
Resolution
Councillor
Staff
Status
RESOLVED that the report M &C 2012 -203: Adding Topsoil and
Grass Seed to Vacant lots after a Dangerous Building has been
Demolished by the City be received for information; and further,
the City Manager be directed to examine additional possible
8/13/2012
methods to supply topsoil to vacant lots.
John MacKenzie
City Manager
Incomplete
That the letter from Carleton Branch #002 regarding moving the
8/27/2012
cenotaph back to Tilley Park be referred to the City Manager.
n/a
City Manager
Incomplete
RESOLVED that item 11.3 Press Releases (Councillor Fullerton) be
8/27/2012
referred to the City Manager for a report and recommendation.
Susan Fullerton
City Manager
Incomplete
RESOLVED that all lawsuits presently underway by the City be
disclosed, in detail, to Mayor and all members of Common
Council immediately, and that this is done in each and every
City Solicitor and
8/27/2012
instance going forward.
Susan Fullerton
City Manager
Incomplete
RESOLVED that all lawsuits currently being advanced against the
City, and all lawsuits against the City, of which the City is aware,
be disclosed, immediately, in detail, to the Mayor and all
members of Common Council, and that this is done in each and
City Solicitor and
8/27/2012
every similar instance going forward.
Susan Fullerton
City Manager
Incomplete
That the request to present to Council from the Saint John Board
9/10/2012
of Police Commissioners be referred to the Clerk to schedule.
n/a
Common Clerk
Incomplete
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
9/10/2012
Ion this item. IGreg
Norton
ICity Manager
lIncomplete
73
Date Made
Resolution
Councillor
Staff
Status
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
9/10/2012
Chief.
Shirley McAlary
City Manager
Incomplete
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 that 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.
Further, it is recommended 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
9/10/2012
and the City reimbursement proposed.
n/a
City Solicitor
Incomplete
2. Direct staff to examine all remaining Truck Routes in the City of
Saint John in conjunction with the preparation of an updated
9/10/2012
Transportation Strategic Plan.
n/a
City Manager
Incomplete
RESOLVED that the letter from the Millidgeville -North End Lions
regarding the Charles Gorman Canteen be referred to the City
9/10/2012
Manager.
n/a
City Manager
Incomplete
RESOLVED that Council request that the City Solicitor report back
to Council regarding a previous Council resolution respecting
9/10/2012
vendors in public spaces.
n/a
City Solicitor
Incomplete
RESOLVED that the report from Morgan Lanigan regarding a
proposed traffic calming pilot program for Douglas Avenue be
9/24/2012
referred to the City Manager.
n/a
City Manager
Incomplete
74
Date Made
Resolution
Councillor
Staff
Status
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
9/24/2012
360 Review of the Mayor.
Mayor Mel Norton
City Manager
Incomplete
RESOLVED that Council direct the City Solicitor to amend By -law
M -27 to include the mandatory use of an approved helmet and
9/24/2012
further that the amendment be referred to as Josh's Law.
Greg Norton
City Solicitor
Incomplete
RESOLVED that Council direct the City Manager to investigate the
9/24/2012
elimination of Chesley Drive and Douglas Avenue as truck routes.
John MacKenzie
City Manager
Incomplete
RESOLVED that the City Manager arrange a time to have all of
Council brought up to speed on the pension changes that were
put forward to the legislature for needed changes, otherwise
10/1/2012
known as S7b.
Bill Farren
City Manager
Incomplete
RESOLVED that the City Manager be directed to create a policy
whereby heavily traveled streets in The City are paved in the off
hours, and further, in cases where off hour paving is done that it
not exceed 10 percent of normal cost and if so it is brought back
10/1/2012
for Council to decide on the value of doing so.
Bill Farren
City Manager
Incomplete
RESOLVED that the report entitled Planning Advisory Committee:
Skills Matrix be referred back to the Planning Advisory Committee
with the request that it submit a skills matrix to Common Council
Planning Advisory
10/1/2012
in order to help ensure diversity on the committee.
n/a
Committee
Incomplete
RESOLVED that the request from the Canadian Folk Music Awards
10/1/2012
2012 Saint John Committee be referred to the Clerk to schedule.
n/a
Common Clerk
Incomplete
That the Discover Saint John request to present be referred to the
10/9/2012
clerk for scheduling.
n/a
Common Clerk
Incomplete
75
Date Made
Resolution
Councillor
Staff
Status
RESOLVED that item 15.1 entitled Harbour Skating Club — Request
for Free Ice Time be referred through the City Manager to the
10/9/2012
Regional Mayor's Caucus.
n/a
City Manager
Incomplete
RESOLVED that item s11.1 entitled Parking on Douglas Avenue
(Councillor MacKenzie) be referred to the City Manager to receive
10/9/2012
input from the Parking Commission and Municipal Operations.
John MacKenzie
City Manager
Incomplete
RESOLVED that item s11.2 Animal Control By -Law (Councillor
MacKenzie) be referred to the City Manager and City Solicitor to
draft appropriate language for a proposed by -law amendment,
and further that this be brought back to Council for approval
City Manager and
10/9/2012
within thirty days.
John MacKenzie
City Solicitor
Incomplete
RESOLVED that the City look into maintaining its vacant lots and
10/15/2012
that an acceptable standard of maintenance be established.
Donna Reardon
City Manager
Incomplete
RESOLVED that a revised policy with respect to requests by
organizations to present to Council wherein organizations would
provide a written submission to the Common Clerk's office to be
added to the agenda for Council's review and that Council will
make a decision as to the organizations that will appear before
Council and further that the presentations be grouped together;
and that Items 15.1 through 15.3 regarding the requests to
present by various organizations are subject to this policy, be
10/15/2012
adopted.
n/a
Common Clerk
Incomplete
11.1 RESOLVED that the City Manager be directed to advise
Council of the list of vacant lots and lands, including parking lots,
10/22/2012
that could be advertised for sale.
David Merrithew
City Manager
Incomplete
76
Date Made
Resolution
Councillor
Staff
Status
12.6 RESOLVED that as recommended by the City Manager in the
submitted report M &C2012 -272 City Market Head Tower —
Hydraulic Flushing of Sprinkler Lines:
4) The Common Council refers the recommendation for a two -
phased approach to the renovation of the City Market Head
City Manager 2013
10/22/2012
Tower to 2013 budget deliberations
n/a
Budget
Incomplete
14.2 RESOLVED that the Actionable Resolutions — Reflecting up to
City Manager, City
the October 15 Council Meeting be referred to the City Manager,
Solicitor, Common
10/22/2012
Solicitor and Common Clerk to update the list.
n/a
Clerk
Incomplete
5.1 That the letter from the Saint John Fire Fighters' Association
10/29/2012
regarding collective bargaining be referred to the City Manager.
n/a
City Manager
Incomplete
11.1 RESOLVED that the City Manager be directed to provide a
report on the current status of Glen Falls flooding issues by
December 1, 2012, which is to include the current schedule for
10/29/2012
emptying the trenches, and the current status to maintain them.
Ray Strowbridge
City Manager
Incomplete
77
Date Made
Resolution
Councillor
Staff
Status
1. All agencies, boards and Commissions ( "ABCs ") appointed by
Council must give a written report outlining number of meetings,
attendance, activities and decision making on a bi- annual basis;
by the end of June and before mid - November unless otherwise
directed by Common Council. Some major ABC'S may wish to
report in person to Common Council on a more regular basis and
that will be determined on an individual basis at the wish of
Common Council
2. All appointments made by Council for all ABC'S will be for a
period of three years with the possibility of one re- appointment
term of three years which would allow an individual to serve a
total of six years. After an individual has served a total of six
years the individual must remain off that particular ABC for a
period of at least one year. This will become effective as of the
date of this report being approved by Common Council.
3. If Members of Common Council are nominated to serve on any
given ABC they will serve only their full term of Council period.
4. The Nominating Committee should be conscious of the fact of
appointing citizens to only one ABC, in order that more
individuals may have the opportunity to serve.
5. As a first step towards ensuring that our ABC'S are more
Common Clerk and
accountable to Common Council, each ABC should fully
Nominating
10/29/2012
understand their mandate and should understand what skill sets
Shirley McAlary
Committee
Incomplete
11.3 RESOLVED that the report entitled Funding for Transit in
2013 Budget (Councillor Snook) be referred to the 2013 budget
City Manager 2013
10/29/2012
Ideliberations.
I Donnie Snook
IBudget
lincomplete
EN
Date Made
Resolution
Councillor
Staff
Status
RESOLVED that Council request a report from the Saint John
Transit Commission which outlines all of the revenue generated
outside of daily operations, or normal routes (ie chartered tours
for cruise ship passengers) and any new initiatives that Saint John
Saint John Transit
10/29/2012
Transit has taken since May 2012 to improve revenue generation.
John Mackenzie
Commission
Incomplete
11.4 RESOLVED that the report entitled Affordability of Aquatic
Center Public Swims (Councillor Snook) be referred to the Aquatic
Aquatic Centre
10/29/2012
Centre Commission.
Donnie Snook
Commission
Incomplete
11.5 RESOLVED that the following resolution adopted by Council
on June 7, 2010: "RESOLVED that as recommended by the City
Manager in the submitted report M &C 2010 -195: Cedar Point
Estates Development Standards and Infrastructure Maintenance,
Common Council consider the issues and options outlined in said
report, and direct staff to develop a long term strategy, in
consultation with the neighbourhood and developers, for
appropriate future standards for these developments" be
prioritized by City Staff and that a follow up has occurred within
10/29/2012
14 days of today's date.
Susan Fullerton
City Manager
Incomplete
RESOLVED that the report entitled City Owned Vehicle Policy be
referred back to the City Manager to return with a
recommendation to update the policy, for example remove the
provision that permits vehicles to be taken home by staff, or
prohibit vehicles being taken outside the city boundaries unless it
10/29/2012
is for city related business.
Bill Farren
City Manager
Incomplete
15.1 RESOLVED that the report entitled Saint John Theatre
Company — Fundy Fringe Festival be referred to the 2013 budget
City Manager 2013
10/29/2012
deliberations.
n/a
Budget
Incomplete
15.2 RESOLVED that the report entitled Saint John Theatre
Company — Annual Operating Funding be referred to the 2013
City Manager 2013
10/29/2012
1budget deliberations.
I n/a
IBudget
lincomplete
79
Date Made
Resolution
Councillor
Staff
Status
11.1 RESOLVED that Council consider reinstating the Spring Clean
Up program beginning in the spring of 2013; and further that the
City Manager be directed to submit a report including the cost of
administering this program as well as any savings realized by the
City when it discontinued the outsourcing of curbside garbage
pick -up to FERO Waste & Recycling Inc.; and further that this
City Manager 2013
11/13/2012
matter be referred to budget deliberations.
David Merrithew
Budget
Incomplete
12.1 RESOLVED that as recommended by the City Manager in the
submitted report M &C 2012 -275: Bike Route - Campus Harbour
Connection Common Council:
4. Direct the City Solicitor to place in proper translated form the
following amendments to the City's Traffic By -Law for Council's
consideration when the bike route is implemented in 2013:
a. Add Adelaide Street with limits Harrington Street to Metcalf
Street to Schedule M -4 (40 KM /H Speed Limits);
b. Add Metcalf Street with limits Main Street to Lansdowne
Avenue to Schedule M -4 (40 KM /H Speed Limits); and
c. Delete Metcalf Street with limits Main Street to Lansdowne
11/13/2012
Avenue from Schedule K (Truck Routes).
n/a
City Solicitor
Incomplete
15.2 RESOLVED that the letter entitled The Hardman Group Ltd. —
New Year's Eve Celebrations 2012 be referred to the City
11/13/2012
Manager.
n/a
City Manager
Incomplete
16.1 RESOLVED that Common Council request that the Saint John
Police Commission submit a report within 30 days regarding the
feasibility of using existing City By -Laws such as the Sidewalk By-
Law and Traffic By -law to be more proactive in removing
prostitutes from the uptown area, specifically on Cliff Street,
Coburg Street, Paddock Street, Peter Street, Garden Street and
11/13/2012
Waterloo Street.
ISusan Fullerton
113olice Commission
lincomplete
:1
Date Made
Resolution
Councillor
Staff
Status
16.3 RESOLVED that the submitted report entitled Saint John
Parking Commission — Feasibility of Text to Pay System for
11/13/2012
Payment of Parking Fines, be referred to the City Manager.
n/a
City Manager
Incomplete
16.4 RESOLVED that the submitted report entitled Saint John
Parking Commission — Pay by Phone System for Parking Meters,
11/13/2012
be referred to the City Manager.
n/a
City Manager
Incomplete
16.6 RESOLVED that the letter entitled Hodges Hamm - Real
11/13/2012
Estate Signs on Public Property be referred to the City Manager.
n/a
City Manager
Incomplete
17.1 RESOLVED that the Commissioner of Finance and
Administrative Services be directed to request from the
Commissioner of
Superintendent of Pensions deferral of additional contributions
Finance and
required as a result of the 2011 Actuarial Valuation until such
Administrative
11/13/2012
time as the result of the reform process has been finalized.
n/a
Services
Incomplete
11.1 RESOLVED that the City Manager and appropriate staff be
directed to initiate discussions with the Saint John Port
Corporation to explore the potential for using the Long Wharf site
11/19/2012
as a potential location for a 4 -Plex recreation facility.
Mel Norton
City Manager
Incomplete
11.3 RESOLVED that the letter from the Councillor Snook entitled
Community Plans /Revitalization Strategy for Urban Core
Neighbourhoods be referred to the City Manager for input and
direction from our City's Growth and Development Services
Department with regard to the creation and implementation of
Community Plans /Revitalization Strategy for the above named
11/19/2012
urban core neighbourhoods.
Donnie Snook
City Manager
Incomplete
81
Date Made
Resolution
Councillor
Staff
Status
16.6 RESOLVED that as recommended by the City Manager in the
submitted report entitled City of Saint John and Atlantic Canada
Opportunities Agency's Community Infrastructure Improvement
Fund: Common Council:
1. Direct City Manager to immediately prepare and submit an
application to ACOA for the City Market Head Tower
Revitalization project under the Community Infrastructure
11/19/2012
Improvement Fund.
n/a
City Manager
lincomplete
16.7 RESOLVED that the report M &C 2012 -260: 2013 Water and
Sewer Utility Capital Budget Common Council be tabled until
November 26, 2012.
16.13 RESOLVED that the submitted report M &C 2012 -281:
Proposed 2013 Operating Budget — Water and Sewerage Utility
11/19/2012
Fund be tabled until November 26, 2012.
n/a
Common Clerk
Incomplete
17.1 RESOLVED that notwithstanding the hiring freeze, the City
Manager be directed to proceed with filling following positions:
Commissioner of Growth and Development; Manager of
Industrial Relations; Manager of Staffing and Development;
11/19/2012
Facilities Management Position; Communications Officer.
n/a
City Manager
Incomplete
16.2 RESOLVED that the letter from Councillor Merrithew entitled
Meetings Between City Staff and Local Builders and Developers
be referred to the City Manager for a report outlining the
appropriate structure and terms of reference for the proposed
11/19/2012
meetings between staff and developers.
David Merrithew
City Manager
Incomplete
16.8 That the letter from the Loch Lomond Water Protection
Association regarding the protection of lakes be referred to the
11/26/2012
City Manager.
n/a
City Manager
Incomplete
5.1 That the letter from the Saint John Mill Rats regarding the
2013 NBL Canada All Star Weekend be referred to the City
City Manager 2013
12/3/2012
1 Manager and 2013 Budget Deliberations.
I n/a
IBudget
lincomplete
82
Date Made
Resolution
Councillor
Staff
Status
11.1 RESOLVED that the letter from Councillor Farren entitled
Creating Better Departmental Efficiencies be referred to the City
City Manager and
12/3/2012
Manager and City Solicitor for a report and recommendation.
Bill Farren
City Solicitor
Incomplete
11.1 RESOLVED that the letter from Councillor Farren entitled
Creating Better Departmental Efficiencies be referred to the City
Manager to review all departments to see if a similar type of
12/3/2012
benchmark can be used in the near future.
Bill Farren
City Manager
Incomplete
Ad Hoc Committee
13.1 RESOLVED that the report entitled Planning Advisory
to Review Boards,
Committee: Skills Matrix be referred to the Ad Hoc Committee to
Commissions and
12/3/2012
Review Boards, Commissions and Committees.
n/a
Committees
Incomplete
16.2 RESOLVED that as recommended by the City Manager in the
submitted report M &C 2012 -292: Proposed Public Hearing Date -
8 Rockwood Avenue, 1875 & 1925 Bayside Drive, 345 Boars Head
Road (Cambridge Estates) and 2112 Bayside Drive the Common
Council schedule the public hearings for the rezoning applications
of Haldor (1972) Ltd. (8 Rockwood Avenue), Hughes Surveys &
Consultants Inc. (1875 & 1925 Bayside Drive, 345 Boars Head
Road /Cambridge Estates, and 2112 Bayside Drive) for Monday,
January 7, 2013 at 7:00 p.m. in the Council Chamber, and refer
the applications to the Planning Advisory Committee for a report
Planning Advisory
12/3/2012
and recommendation.
n/a
Committee
Incomplete
16.8 RESOLVED that the request to present from AIDS Saint John
12/3/2012
be referred to the Common Clerk to schedule.
n/a
Common Clerk
Incomplete
17.2 RESOLVED that the interest arbitration award dated
November 8, 2012 respecting the terms of a collective agreement
between the City of Saint John and the IAFF Local 771 be referred
12/3/2012
Ito the City Solicitor for his advice.
I n/a
lCity Solicitor
lincomplete
83
Date Made
Resolution
Councillor
Staff
Status
12.1 RESOLVED that the report from the Common Clerk dated
Ad Hoc Committee
December 10, 2012 entitled Agencies, Boards and Commissions
to Review Boards,
Resolutions be referred to the Ad Hoc Committee to Review
Commissions and
12/10/2012
Boards, Commissions and Committees.
n/a
Committees
Incomplete
16.8 RESOLVED that as recommended by the City Manager in the
submitted report entitled City of Saint John Application to the
Environmental Trust Fund, Common Council direct the City
Manager to immediately prepare and submit an application to
the Department of Environment and Local Government for the
Rockwood Park Compost Program under the Environmental Trust
12/10/2012
Fund.
n/a
City Manager
Incomplete
16.15 RESOLVED that as recommended by the City Manager in
the submitted report M &C 2012 -287: Spring Clean Up Program
Common Council:
1. Continue to provide the Bulky Items Pick -Up, White Goods
Drop Off and Christmas Tree Drop Off Programs,
2. Direct the City Manager to include funding in the amount of
$380,000 in the supplementary request to be presented with the
annual Solid Waste Management Operating Budget, for spring
12/10/2012
clean -up.
n/a
City Manager
Incomplete
15.1 RESOLVED that the request for $1000 to support the
celebration of National Canoe Day be referred to the City
12/17/2012
Manager.
n/a
City Manager
Incomplete
16.5 RESOLVED that as recommended by the City Manager in the
submitted report M &C 2012 -301: Proposed Public Hearing Date -
78 Prince William Street Common Council schedule the public
hearing for the rezoning application of Hazen Investments Limited
(78 Prince William Street) for Monday, January 28, 2013 at 7:00
p.m. in the Council Chamber, and refer the application to the
Planning Advisory
12/17/2012
1 Planning Advisory Committee for a report and recommendation.
n/a
lCommittee
lIncomplete
84
Date Made
Resolution
Councillor
Staff
Status
16.6 RESOLVED that the projects specified in the submitted report
12/17/2012
be sent to public tender.
n/a
City Manager
Incomplete
16.9 RESOLVED that the request to present from King Street East
property owners be referred to Planning through the City
Manager for a report to Council including previous minutes on
the subject; and further that it be referred to the Clerk for
City Manager and
12/17/2012
scheduling.
n/a
Common Clerk
Incomplete
12.1 RESOLVED that the 2013 General Fund Operating Budget be
1/2/2013
tabled to the meeting of January 7, 2013.
n/a
Common Clerk
Incomplete
13.1 RESOLVED that the submitted letter from the Canada Games
1/2/2013
Aquatic Centre Comission dated November 28, 2012 be tabled.
n/a
Common Clerk
Incomplete
16.2 RESOLVED that the City Manager be directed to arrange a
pension information session in collaboration with the City union
representatives, Susan Rowland of the Pension Task Force, and
the Superintendent of Pensions for the benefit of the City's past
1/2/2013
and present employees.
John Mackenzie
City Manager
Incomplete
16.2 RESOLVED that as recommended by the City Manager in the
submitted report Play SJ - Parks and Recreation Strategic Plan
Draft Report:
1. Council direct the Common Clerk to schedule a high level
presentation of the highlights and recommendations of this
report in January;
2. Council direct staff to hold an additional public meeting to
solicit feedback on the recommendations of this report; and
3. This report be tabled until staff can report back with any
City Manager and
1/7/2013
Irevisions to the report resulting from the public feedback.
I n/a
Common Clerk
lincomplete
85
Date Made
Resolution
Councillor
Staff
Status
16.4 RESOLVED that as recommended by the City Manager in the
submitted report Estate of Deborah Ann Chapman - Bequest to
the City of Saint John the City gratefully accept the bequest of
shares in the Royal Bank of Canada from the Estate of Deborah
Ann Chapman for the sole use and benefit of the PRO Kids
Program and that the Common Clerk convey the City's thanks to
1/7/2013
the Executor.
n/a
Common Clerk
Completed
RESOLVED that Common Council for the City of Saint John instruct
the City Manager to conduct a comprehensive cost /benefit
analysis of lease versus own options available to Council within
the 2016 termination timeframe including both capital and
operating expenses associated with each option presented,
1/7/2013
within six months.
John MacKenzie
City Manager
Incomplete
9.6 RESOLVED that the City Manager direct staff to review and
advise on the status and enforcement of the Section 39
conditions being imposed on the properties at 2112 Bayside Drive
1/7/2013
land 1875 & 1925 Bayside Drive.
I n/a
lCity Manager
lincomplete
:.
97-
COMMON COUNCIL/CONSEIL COMMUNAL
DECEMBER 10, 2012/LE 10 DECEMBRE 2012
COMMON COUNCIL MEETING - THE CITY OF SAINT JOHN
CITY HALL - DECEMBER 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; C. Elgee, Acting Police Staff Sergeant; K. Clifford, Fire
Chief; E. Gormley, Common Clerk and J. Taylor, Assistant
Common Clerk.
1. Call To Order -- Prayer
Deputy Mayor Rinehart called the meeting to order and Reverend Doug Moore offered
the opening prayer.
2. Approval of Minutes
3. Approval of Agenda
On motion of Councillor McAlary
Seconded by Councillor Norton
RESOLVED that the agenda of this meeting with
the addition items 16.0 Draft 2013 Operating Budget and 16.19 Water and Sewer
Budget, be approved, and further that 16.13 Shared Risk Plan - MOU, be moved
forward on the agenda.
Question being taken, the motion was carried.
4. Disclosures of Conflict of Interest
Deputy Mayor Rinehart disclosed a conflict of interest with agenda items 16.13 Shared
Risk Plan - MOU and 16.14 City Manager: The Saint John YM -YWCA Inc. Churchill
Boulevard.
Councillor Farren disclosed a conflict with agenda item 16.13 Shared Risk Plan - MOU.
5. Consent Agenda
6. Members Comments
7. Proclamation
8. Delegations /Presentations
9. Public Hearings
10. Consideration of By -laws
11. Submissions by Council Members
12. Business Matters - Municipal Officers
12.1 Common Clerk: Agencies, Boards and Commissions Resolution
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that the report from the Common Clerk
dated December 10, 2012 entitled Agencies, Boards and Commissions Resolutions be
referred to the Ad Hoc Committee to Review Boards, Commissions and Committees.
Question being taken, the motion was carried.
13. Committee Reports
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
�:*1
97-
COMMON COUNCILICONSEIL COMMUNAL
DECEMBER 10, 2012/LE 10 DECEMBRE 2012
16. Supplemental Agenda
On motion of Councillor McAlary
Seconded by Councillor Reardon
RESOLVED that agenda items 16.0, 16.1 and
16.13 be deferred until the Mayor and Pension Task Force members are present.
Question being taken, the motion was carried.
16.2 Uptown Saint John - Support of PlanSJ and our Renaissance City
On motion of Councillor McAlary
Seconded by Councillor Strowbridge
RESOLVED that the letter from Uptown Saint John
regarding support of PlanSJ and our Renaissance City be received for information.
Question being taken, the motion was carried.
16.3 Cancelling Council Meetings (Councillor Strowbridge)
On motion of Councillor Strowbridge
Seconded by Councillor Farren
RESOLVED that the Council meeting of December
24, 2012 be cancelled.
Responding to a question regarding the requirements respecting the frequency of
Council meetings, the Common Clerk advised that the City Government Act states that
Council must meet each fortnight.
The City Solicitor stated that it is his understanding the Provincial government will be
considering a possible repeal of the City Government Act within the next few weeks,
noting that the requirement for Council to meet each fortnight may no longer be
applicable depending on the outcome.
Question being taken, the motion was carried_
On motion of Councillor Strowbridge
Seconded by Councillor Fullerton
RESOLVED that the Council meeting of December
24, 2012 and January 2, 2013, be cancelled.
Question being taken, the motion was defeated with Councillors Farren,
Norton, Reardon, McAlary, Merrithew, MacKenzie voting nay.
16.4 Actionable Resolutions -Reflecting up to the December 3, 2012 Council
Meeting
On motion of Councillor Farren
Seconded by Councillor McAlary
RESOLVED that the report entitled Actionable
Resolutions - Reflecting up to the December 3, 2092 Council Meeting be received for
information.
Question being taken, the motion was carried.
16.5 Minutes of November 13, 2012
On motion of Councillor McALary
Seconded by Councillor Merrithew
RESOLVED that the minutes of the meeting of
Common Council, held on November 13, 2012, be approved.
Question being taken, the motion was carried.
16.6 Minutes of November 19, 2012
On motion of Councillor McAlary
-*
97-
COMMON COUNCILICONSEIL COMMUNAL
DECEMBER 10, 20121LE 10 DECEMBRE 2012
Seconded by Councillor Norton
RESOLVED that the minutes of the meeting of
Common Council, held on November 19, 2012, be approved.
Question being taken, the motion was carried.
16.7 Minutes of November 26, 2012
Un motion of Councillor McAlary
Seconded by Councillor Norton
RESOLVED that the minutes of the meeting of
Common Council, held on November 26, 2012, be approved.
Question being taken, the motion was carried.
16.8 City Manager: City of Saint John Application to the Environmental Trust Fund
On motion of Councillor McAlary
Seconded by Councillor Reardon
RESOLVED that as recommended by the City
Manager in the submitted report entitled City of Saint John Application to the
Environmental Trust Fund, Common Council direct the City Manager to immediately
prepare and submit an application to the Department of Environment and Local
Government for the Rockwood Park Compost Program under the Environmental Trust
Fund.
Question being taken, the motion was carried.
16.9 City Manager: Early Access for Test Wells on Provincial Property 496 Ridge
Row
On motion of Councillor McAlary
Seconded by Councillor Reardon
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2012 -297.• Early Access for Test Wells on
Provincial Property 496 Ridge Row, The City of Saint John accept the terms and
conditions set out by the Province of New Brunswick, as contained in the letter attached
to M & C 2012 -297 for the purpose of drilling five (5) test wells as indicated on an
attached sketch on PID number 411728; and authorize the Mayor and Common Clerk to
sign the attached letter in acknowledgement of such terms and conditions.
Question being taken, the motion was carried.
16.10 City Manager: Licence Agreement (Sandy Point Road) - F6 Networks Inc.
On motion of Councillor Farren
Seconded by Councillor McAlary
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2012 -298: Licence Agreement (Sandy Point
Road) - F6 Networks Inc., the City enter into the Licence Agreement attached to M &C
2012 -298 and that the Mayor and Common Clerk be authorized to sign the Licence
Agreement.
Question being taken, the motion was carried.
16.11 Committee of the Whole Report: Freeman of the City
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that as recommended by the
Committee of the Whole, having met on August 27, 2012, Common Council confer the
honour of Freedom of the City to James K. Irving O.C., O.N.B. in recognition of his
significant contribution to the City of Saint John_
Question being taken, the motion was carried.
On motion of Councillor McAlary
*
97-
COMMON COUNCILICONSEIL COMMUNAL
DECEMBER 10, 2012/LE 10 DECEMBRE 2012
Seconded by Councillor Merrithew
RESOLVED that as recommended by the
Committee of the Whole, having met on August 27, 2012, Common Council confer the
honour of Freedom of the City to Arthur L. Irving, O.C., O.N.B. in recognition of his
significant contribution to the City of Saint John.
Question being taken, the motion was carried.
On motion of Councillor McAiary
Seconded by Councillor Farren
RESOLVED that as recommended by the
Committee of the Whole, having met on August 27, 2012, Common Council confer the
honour of Freedom of the City to John E. Irving C.M. in recognition of his significant
contribution to the City of Saint John.
Question being taken, the motion was carried.
16.12 Safer Communities and Neighbourhood (SCAN) Legislation Task Force
(Councillor Snook)
On motion of Councillor Farren
Seconded by Councillor Strowbridge
RESOLVED that item 16.12 be laid on the table
until Councillor Snook is present.
Question being taken, the motion was carried.
16.15 City Manager: Spring Clean Up Program
(The Mayor entered the meeting and assumed the chair)
(Councillor Snook entered the meeting)
On motion of Councillor Strowbridge
Seconded by Councillor Merrithew
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2012 -287: Spring Clean Up Program Common
Council:
1. Continue to provide the Bulky Items Pick -Up, White Goods Drop Off and Christmas
Tree Drop Off Programs,
2. Direct the City Manager to include funding in the amount of $380,000 in the
supplementary request to be presented with the annual Solid Waste Management
Operating Budget, for spring clean -up.
Question being taken, the motion was carried with Councillor Norton
voting nay.
16.12 Safer Communities and Neighbourhood (SCAN) Legislation Task Force
(Councillor Snook)
On motion of Councillor Farren
Seconded by Councillor Norton
RESOLVED that agenda item 16.12 Safer
Communities and Neighbourhood (SCAN) Legislation Task Force be lifted from the
table.
Question being taken, the motion was carried.
On motion of Councillor Snook
Seconded by Councillor McAlary
RESOLVED that Common Council contact the
Provincial Government of New Brunswick to express its support for Saint John's SCAN
Task Force and to strongly urge them to continue to allocate adequate resources to
insure this vital service continues.
Question being taken, the motion was carried.
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DECEMBER 10, 2012/LE 10 DECEMBRE 2012
16.16 City Manager: Proposed Heritage Conservation Areas Bylaw Amendment 12-
14 Bentley Street
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2092 -294: Proposed Heritage Conservation Areas
Bylaw Amendment 12 -14 Bentley Street, Common Council schedule a public hearing
date of Monday, January 7, 2013 at 7:00 p.m. in the Council Chamber to consider an
amendment to the Saint John Heritage Conservation Areas By -law, which would remove
the property at 12 -14 Bentley Street from the Douglas Avenue Heritage Conservation
Area, and that the necessary advertising be authorized in this regard.
Question being taken, the motion was carried with Councillor Reardon
voting nay.
16.17 City Manager: Easement for Public Utilities - 170 Prince William St - Saint
John High School
On motion of Councillor Farren
Seconded by Deputy Mayor Rinehart
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2012 -296: Easement for Public Utilities - 170
Prince William St - Saint John High School:
1. The City of Saint John enter into the Grant of Easement attached to M & C 2012 -296
for the above ground public utility cabinet on PID #6098; and authorize the Mayor and
Common Clerk to execute the Grant on behalf of the City; and further
2. The City of Saint John assigns to The Power Commission of the City of Saint John
and to Bell Aliant Regional Telecommunications Inc. all those rights set out in the said
Grant of Easement.
Question being taken, the motion was carried.
16.18 City Manager: Internet Service for the City of Saint John
On motion of Councillor McAlary
Seconded by Councillor Snook
RESOLVED that as recommended by the City
Manager in the submitted report entitled Internet Service for the City of Saint John:
1 _ That the City enter into an agreement with Bell Aliant Regional Communications,
Limited Partnership for the delivery of Business Internet Services Schedule the form as
attached to this letter to Council.
2. That the Mayor and Clerk be authorized to execute the said agreement.
Question being taken, the motion was carried.
(Deputy Mayor Rinehart withdrew from the meeting)
16.14 City Manager: The Saint John YM -YWCA Inc. Churchill Boulevard
On motion of Councillor McAlary
Seconded by Councillor Snook
RESOLVED that as recommended by the City
Manager in the submitted report entitled The Saint John YM -YWCA Inc. Churchill
Boulevard the Agreement of Purchase and Sale dated October 30, 2012 between The
City of Saint John and The Saint John YM -YWCA Inc. be amended to change the
Closing Date from "on or before December 31, 2012" to "on or before December 31,
2013 "; in all other aspects the Agreement remains unchanged.
Question being taken, the motion was carried.
(Councillor Farren withdrew from the meeting)
16.13 City Manager: Shared Risk Plan — MOU
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DECEMBER 10, 2012ILE 10 DECEMBRE 2012
The Mayor introduced Angela Mazerolle- Stevens, the Superintendent of Pensions, and
Jana Steele, Partner at Goodmans LLP.
Referring to the submitted Memorandum of Understanding (MOU), the City Manager
advised that the document is the first tangible product from Provincial Task Force on
Pension Reform respecting the shared risk pension model. Mr. Woods explained that the
document is an MOU between the City and its unions regarding the framework to be
followed under the proposed shared risk pension model.
Ms. Steele responded to questions from Council members respecting the submitted
MOU.
Responding to a question, Mr. Yeomans stated that the $8,700,000 owing for 2011
pension arrears payments has been paid as of April, 2nd, 2012.
Ms. Mazerolle Stevens responded to questions from Council members respecting the
submitted MOU.
Ms. Steele advised that the MOU is high level document which establishes the major
terms in principle upon which the City and its unions agree. She explained that once the
MOU is executed more specific documents will be finalized, such as the "declaration of
trust" for the Pension Board of Trustees and the "plan text ".
Responding to a question, Ms. Steele advised that the MOU would be revised and
resubmitted to Council in the near future for its approval.
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that section 12.5 of Council's
Procedural By -Law respecting speaking time limitations for Council members be
suspended for this item.
Question being taken, the motion was carried.
On motion of Councillor McAlary
Seconded by Councillor Reardon
RESOLVED that Council schedule a meeting on
Thursday, December 13th, 2012 at 4:00 p.m. to consider the Shared Risk — MOU and the
2013 City Operating budget.
Question being taken, the motion was carried.
(Deputy Mayor Rinehart and Councillor Farren reentered the meeting)
16.19 Water and Sewer Budget
On motion of Councillor McAlary
Seconded by Councillor Reardon
RESOLVED that as recommended by the City
Manager in the submitted report Proposed 2013 Water and Sewerage Rate Revision,
Common Council approved the 2013 revised rate schedule as submitted and adopt
same at third reading of the Water and Sewerage Bylaw Amendment process.
Question being taken, the motion was carried.
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that the by -law entitled "By -Law
Number M -16, A By -Law to Amend a By -Law Respecting Water and Sewerage" be
amended by repealing Schedules "A" and "B" in Section 44, and substituted by the
submitted 2012 schedules "A" and "B ", be read.
Question being taken, the motion was carried.
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DECEMBER 10, 2012/LE 10 DECEMBRE 2012
The by -law entitled, "By -Law Number M -16, A By -Law to Amend a By -Law Respecting
Water and Sewerage" was read in its entirety.
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that the by -law entitled "By -Law
Number M 16, A By -Law to Amend a By -Law Respecting Water and Sewerage" be
amended by repealing Schedules "A" and "B" in Section 44, and substituted by the
submitted 2012 schedules "A" and "B ", 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 -16, A By -Law to
Amend a By -Law Respecting Water and Sewerage ".
16.0 City Manager: Draft 2013 Operating Budget
16.1 Service Based Budgets 2013 -2016 (Draft)
On motion of Councillor Farren
Seconded by Councillor Snook
RESOLVED that Common Council suspend section
12.7 of Council's Procedural Bylaw respecting the speaking time limitations.
Question being taken, the motion was carried.
Referring to a submitted report, the City Manager reviewed the draft 2013 Operating
budget and he received input from members of Council.
17. Committee of the Whole
18. Adjournment
On motion of Councillor McAlary
Seconded by Councillor Snook
RESOLVED that the Council meeting of December
10th, 2012 be adjourned.
The Mayor declared the meeting adjourned at 9:20 p.m.
Mayor 1 maire
Common Clerk 1 greffiere communale
1�1-lx
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COMMON COUNCILICONSEIL COMMUNAL
DECEMBER 13, 2012/LE 13 DECEMBRE 2012
COMMON COUNCIL MEETING - THE CITY OF SAINT JOHN
CITY HALL - DECEMBER 13, 2012 - 4:00 P.M.
Present:
Mel Norton, Mayor
Deputy Mayor Rinehart and Councillors Farren, Fullerton,
MacKenzie, McAlary, Merrithew, Norton, Reardon, Snook and
Strowbridge
and -
J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance
and Treasurer; K. Forrest, Commissioner of Growth and
Development Services /Acting City Manager; W. Edwards,
Commissioner of Transportation and Environment Services; A.
Poffenroth, Deputy Commissioner of Building and Inspection
Services; J. Hamilton, Commissioner of Strategic Services; K.
Clifford, Fire Chief; E. Gormley, Common Clerk and J. Taylor,
Assistant Common Clerk.
1. Call To Order
The Mayor advised that it is necessary for Council to meet in closed session of
Committee of the Whole to discuss a financial matter.
On motion of Councillor McAlary
Seconded by Councillor Strawbridge
RESOLVED that Council convene in a closed
session of Common Council to discuss a financial matter pursuant to section 10.2(4)(c)
of the Municipalities Act, immediately after the verbal update from Mr. Bill Teed
respecting the City of Saint John Government Act.
Question being taken, the motion was carried.
1.1 City Manager: The City of Saint John Government Act
On motion of Councillor Snook
Seconded by Councillor McAlary
RESOLVED that Council request a verbal update
from Mr. Bill Teed respecting the City of Saint John Government Act.
Question being taken, the motion was carried.
Referring to a submitted report, Mr. Bill Teed, Partner at Cox & Palmer, outlined the legal
work that he has undertaken on behalf of Common Council to implement changes to the
City of Saint John Government Act.
On motion of Councillor Farren
Seconded by Councillor McAlary
RESOLVED that submitted report The City of Saint
John Government Act be received for information.
Question being taken, the motion was carried.
Common Council withdrew from the Council Chamber at 4:10 p.m.
Following a recess, and a closed session Committee of the Whole meeting, Common
Council reconvened in open session of Council at 5:45 p.m.
1.3 City Manager: 2013 General Fund Operating Budget
On motion of Councillor Snook
Seconded by Councillor McAlary
RESOLVED that the 2013 Operating Budget for the
General Operating Fund be tabled until the next meeting of Council.
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Question being taken, the motion was carried.
1.2 Shared Risk Plan MOU
(Deputy Mayor Rinehart and Councillor Farren withdrew from the meeting)
The Mayor introduced Angela Mazerolle- Stevens, the Superintendent of Pensions, and
Jana Steele, Partner at Goodmans LLP.
Mr. Forrest explained that Council recently received the first draft of the Memorandum of
Understanding (MOU) respecting the Saint John pension plan, noting that Ms. Steele
has provided a revised draft of the document this evening for Council's consideration.
Referring to the submitted document, Ms. Steele provided an overview of the changes
that were made to the MOU.
Responding to a comment from Ms. Steele, Mr. Nugent asked where is the requirement
that an MOU be executed before the City can exercise the authority that it will be
granted should the shared risk pension legislation that is currently before the house be
enacted and given Royal Assent.
Ms. Mazerolle Stevens stated that the legislation in question was put in place because
the City was proceeding in a certain fashion and was in a position to be signing an MOU
in the near term. She added that it is the expectation of the Province that the City would
engage in a consultative basis with its unions.
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that Council approve the
Memorandum of Understanding in principle pending a resolution to the issue of the Long
Term Disability coverage for City employees.
Responding to a question from Mr. Yeomans, Ms. Mazerolle Stevens advised that the
payments based on the actuarial valuation of December 31, 2011 up until the date of
conversion to a shared risk model would be required to be remitted by the City.
Responding to a question, Ms. Steele advised that the MOU requires that LTD be in
place for all employees, both unionized and non - union, prior to the conversion to a
shared risk pension plan.
Mr. Yeomans questioned whether the current retirees would be eligible for pension
indexation in the year 2013 if the pension is converted to a shared risk pension model on
January 1, 2013, or whether this was factored into the financial model by the actuary, to
which Ms. Mazerolle- Stevens stated that she was not certain. Mr. Yeomans
recommended that this issue be clarified for the administration of the plan and he
requested that the Task force provide him with a response on this issue.
Question being taken, the motion was carried with Councillors Fullerton and Snook
voting nay.
1.3 City Manager: 2013 General Fund Operating Budget
On motion of Councillor Snook
Seconded by Councillor McAlary
RESOLVED that the 2013 Operating Budget for the
General Operating Fund be tabled until the next meeting of Council.
Question being taken, the motion was carried.
2. Approval of Minutes
3. Approval of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
6. Members Comments
7. Proclamation
8. Delegations /Presentations
9. Public Hearings 7:00 P.M.
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10. Consideration of By -laws
11. Submissions by Council Members
12. Business Matters - Municipal Officers
13. Committee Reports
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
16. Supplemental Agenda
17. Committee of the Whole
18. Adjournment
On motion of Councillor Merrithew
Seconded by Councillor MacKenzie
RESOLVED that the Council meeting of December
13, 2012 be adjourned.
Question being taken, the motion was carried.
The Mayor declared the meeting adjourned at 6:25 p.m.
Mayor 1 maire
Common Clerk I greffiere communale
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COMMON COUNCILICONSEIL COMMUNAL
DECEMBER 17, 20121LE 17 DECEMBRE 2012
COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN
CITY HALL — DECEMBER 17, 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
K. Forrest, Acting City Manager; J. Nugent, City Solicitor; G.
Yeomans, Commissioner of Finance and Treasurer; W. Edwards,
Commissioner of Transportation and Environment Services; K.
Clifford, Fire Chief; J. Hamilton, Commissioner Strategic
Services; 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 and Councillor Snook offered the opening
prayer.
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 addition of items 16.11 City Manager: Rockingstone Estates
Subdivision — Phase 2; 16.12 Commissioner of Finance and Administrative Services:
Authority to Expend Funds; 17.1 Committee of the Whole: Staffing in the Finance
Department; 17.2 Committee of the Whole: Arrears in Payment Under Lease; and 17.3
Committee of the Whole: Purchase of Permanent LTD Coverage.
Question being taken, the motion was carried.
6. Members Comments
Council members commented on various community events.
10. Consideration of By -laws
10.1 Third Reading Proposed Zoning By -Law Amendment 12 Fern St
10.1.1 Section 39 Conditions
On motion of Councillor Farren
Seconded by Councillor McAlary
RESOLVED that the by -law entitled "By -Law
Number C.P. 110 -205, A Law to Amend the Zoning By -Law of The City of Saint John" by
re- zoning a parcel of land with an area of approximately 447 Square metres, located at
12 Fern Street, also identified as being PID number 55166029, from "R -2" One and Two
Family Residential to "R -4" Four Family Residential classification, be read.
Question being taken, the motion was carried.
The By -Law entitled, "By -Law Number C. P. 110 -205, A Law to Amend the Zoning By-
Law of The City of Saint John, was read in its entirety.
On motion of Councillor Farren
Seconded by Deputy Mayor Rinehart
RESOLVED that, pursuant to the provisions of
Section 39 of the Community Planning Act, the proposed re- zoning of a parcel of land
with an area of approximately 447 square metres, located at 12 Fern Street, also
identified as being PID number 55166029, be subject to the condition that the number of
dwelling units within the building be limited to a maximum of three.
Question being taken, the motion was carried.
11-11 N
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DECEMBER 17, 20121LE 17 DECEMBEE 2012
On motion of Councillor Merrithew
Seconded by Councillor Snook
RESOLVED that the by -law entitled "By -Law
Number C.P. 110 -205, A Law to Amend the Zoning By -Law of The City of Saint John" by
re- zoning a parcel of land with an area of approximately 447 square metres, located at
12 Fern Street, also identified as being PID number 55166029, from "R -2" One and Two
Family Residential to "R -4" Four Family Residential classification, 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 -205, A Law to
Amend the Zoning By -Law of The City of Saint John."
15. General Correspondence
15.1 Celebration of National Canoe Day — June 15, 2013
On motion of Deputy Mayor Rinehart
Seconded by Councillor Merrithew
RESOLVED that the request for $1000 to support
the celebration of National Canoe Day be referred to the City Manager.
Question being taken, the motion was carried.
16. Supplemental Agenda
the table.
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that items 16.1 to 16.11 be lifted from
Question being taken, the motion was carried.
16.1 Third Reading Proposed Fire Protection By -Law
On motion of Councillor McAlary
Seconded by Councillor Snook
RESOLVED that the by -law entitled "By -Law
Number M -34, A By -Law Respecting Fire Protection in The City of Saint John ",
respecting the appointment of Fire Prevention Officers; performance of fire prevention
inspections; issuance of orders to property owners; and fines for failure to comply under
this by -Law, be read.
Question being taken, the motion was carried.
The By -Law entitled, "By -Law Number M -34, A By -Law Respecting Fire Protection in
The City of Saint John ", was read in its entirety.
On motion of Councillor Farren
Seconded by Councillor McAlary
RESOLVED that the by -law entitled "By -Law
Number M -34, A By -Law Respecting Fire Protection in The City of Saint John ",
respecting the appointment of Fire Prevention Officers; performance of fire prevention
inspections; issuance of orders to property owners; and fines for failure to comply under
this by -Law, 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 -34, A By -Law
Respecting Fire Protection in The City of Saint John ",
16.2 Commissioner of Finance and Administrative Services: 2013 Insurance
Renewal
y:
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DECEMBER 17, 20121LE 17 DECEMBRE 2012
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that as recommended by the
Commissioner of Finance and Administrative Services in the submitted report 2013
Insurance Renewal Council accept the insurance package offered by our Agent of
Record, Hub International Atlantic Limited (formerly Huestis Commercial Insurance), and
approves payments as follow:
Insurance Premiums of $ 1,011,192
Agreed Agency Fee of $ 19,850
Payable to Hub International Atlantic Limited $ 1,031,042
Question being taken, the motion was carried.
16.3 City Manager: Harbour Clean -Up - Sanitary Lift Station #31 Rights of Way
Former Mill Street - PIDs # 55176762 and 55118681
On motion of Councillor Snook
Seconded by Councillor Norton
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2012 -300: Harbour Clean -Up - Sanitary Lift
Station #31 Rights of Way Former Mill Street - PIDs # 55176762 and 55198681:
1. That The City of Saint John acquire:
A) a right of way over a portion of lands designated PID # 55176762 from J.D. Irving,
Limited, and
B) a right of way over lands designated PID # 55118681 from Bridge Road Properties
Limited ([eased to T.S. Simms & Co. Limited), for the sum of $19,197.50 (plus HST if
applicable), upon the terms and conditions contained in the "Memorandum of
Agreement" attached to M &C 2012 -300; and,
2. That the Mayor and Common Clerk execute the Memorandum of Agreement and all
documentation required to complete the contemplated purchase.
Question being taken, the motion was carried.
16.4 City Manager: Estate of John Douglas Hazen - Red Head Road
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that as recommended by the City
Manager in the submitted report Estate of John Douglas Hazen - Red Head Road the
City gratefully accept the bequest of land from the Estate of John Douglas Hazen and
that the Common Clerk convey the City's thanks to the Executor.
Question being taken, the motion was carried.
(Councillor Merrithew withdrew from the meeting)
16.5 City Manager: Proposed Public Hearing Date - 78 Prince William Street
On motion of Councillor McAlary
Seconded by Councillor Snook
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2012 -301: Proposed Public Hearing Date - 78
Prince William Street Common Council schedule the public hearing for the rezoning
application of Hazen Investments Limited (78 Prince William Street) for Monday, January
28, 2013 at 7:00 p.m. in the Council Chamber, and refer the application to the Planning
Advisory Committee for a report and recommendation.
Question being taken, the motion was carried.
(Councillor Merrithew re- entered the meeting)
16.6 City Manager: Engagement of Engineering Consultants - 2013 Capital
Program
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On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2092 -299: Engagement of Engineering
Consultants - 2093 Capital Program notwithstanding the City's Policy for the
Procurement of Goods, Services and Construction, Common Council authorize staff to
conduct negotiations for the engagement of engineering consultants to cant' out design
and construction management services for the 2013 Water & Sewerage Utility Fund and
General Fund Capital Programs with the proposed consultants identified in the Table "A"
Engineering Consultant Engagements.
Councillors Fullerton, Farren and Reardon expressed concerns that this resolution would
open the door to granting tenders without following proper procedure in the future.
Responding to a question, Mr. Edwards stated that Section 27 of the Public Purchasing
Act of the lists some exemptions from the act which include engineers, land surveyors,
accountants, lawyers and local practitioners. He explained that the rationale for staff's
recommendation is that the City has experience dealing with practically every consulting
agency in the Maritime Provinces, noting that the selected companies have the precise
expertise and will offer the best price due to efficiencies stemming from previous projects
and knowledge with the City.
Mr. Edwards advised that the fees are not to exceed the minimum permitted by the
Association of Professional Engineers in the Province of New Brunswick. He confirmed
that after the price is negotiated he would be returning to council with a
recommendation.
Question being taken, the motion was defeated with Councillors Farren,
Fullerton, MacKenzie, Merrithew, Reardon, Snook and Strawbridge.
On motion of Councillor Farren
Seconded by Councillor Snook
RESOLVED that the projects specified in the
submitted report from the City Manager entitled Engagement of Engineering Consultants
- 2013 Capital Program be sent to public tender.
Question being taken, the motion was carried with Councillors McAlary and Norton and
Deputy Mayor Rinehart voting nay.
16.7 City Manager: Agreement for the Provision of Mobile Cellular Devices
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that as recommended by the City
Manager in the submitted report Agreement for the Provision of Mobile Cellular Devices:
1. The City accept the proposal dated October 25th, 2012 submitted by Rogers
Communications in response to Request for Proposal 2012- 580502P for the
establishment of a three (3) year supply agreement for wireless service; and
2. The Mayor and Common Clerk be authorized to execute the necessary documents.
Question being taken, the motion was carried.
16.8 City Manager: Mispec Park Shore Remediation and Protection -
Recommendation for Award of Construction Tender (2012- 081804T)
On motion of Councillor Strowbridge
Seconded by Councillor McAlary
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2092 -295: Mispec Park Shore Remediation and
Protection - Recommendation for Award of Construction Tender (2092- 081804T):
1. Common Council award Bid No. 2012- 081804T: Mispec Park Shore Remediation and
Protection to the low bidder, Galbraith Construction Ltd., for the tendered price of
$227,265.00 plus HST;
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DECEMBER 17, 20121LE 17 DECEMBRE 2012
2. The Mayor and Common Clerk be authorized to execute the necessary documents for
the construction Contract;
3. Common Council pre - approve $256,809.45 in the 2013 Capital Budget of which
$227,265.00 will be submitted to the New Brunswick Department of Public Safety
(NBDPS) for reimbursement under the Disaster Financial Assistance Program (DFAP),
with the balance being paid by the City of Saint John in the amount of $29,544.45 (HST
portion of tendered price excluding HST rebate); and
4. Common Council consider including an additional budget of $45,000 for Mispec Park
in the 2013 operating budget based on the enhanced submission from Parks & City
Landscape.
Question being taken, the motion was carried.
16.9 King Street East Property Owners - Request to Present
(Mayor Norton withdrew from the meeting)
(Deputy Mayor Rinehart assumed the chair)
On motion of Councillor Reardon
Seconded by Councillor Snook
RESOLVED that the request to present from King
Street East property owners be referred to Planning through the City Manager for a
report to Council including previous minutes on the subject; and further that it be referred
to the Clerk for scheduling.
Question being taken, the motion was carried.
(Mayor Norton assumed the Chair)
16.10 City Manager: 2013 General Fund Operating Budget (Tabled from Dec 13,
2012)
The Mayor advised that a Council meeting will be held mid -week to address the
operating budget as the city is awaiting information regarding the shared risk pension
plan and long term disability (LTD) benefits.
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that the report entitled 2013 General
Fund Operating Budget be tabled.
Question being taken, the motion was carried.
16.11 City Manager: Rockingstone Estates Subdivision — Phase 2
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2012 -303: Rockingstone Estates Subdivision -
Phase 2 Council adopt the following resolution:
The Subdivision Agreement dated the 18th day of September, 2008 between The City of
Saint John and 617609 N.B. Inc. be amended so as to delete the obligation of the
Developer to construct the portion of Bridgeview Court commencing at the prolongation
southwardly of the western sideline of land identified as "Trustee Lands" which lands lie
between Lot 08 -02 and Lot 08 -03 on the Tentative Subdivision Plan attached to the
aforesaid Subdivision Agreement, and proceeding in an eastwardly direction
approximately 44.5 metres to its eastern termination;
AND FURTHER BE IT RESOLVED that the $39,000.00 security amount received by the
City be returned to 617609 N.B. Inc.
Councillor Farren stated that this developer has not followed through on conditions set
by the previous Council and he did not believe the developer should be refunded the
security amount.
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DECEMBER 17, 20121LE 17 DECEMBRE 2012
Question being taken, the motion was carried with Councillor Farren
voting nay.
16.12 Commissioner of Finance and Administrative Services: Authority to Expend
Funds
Mr. Yeomans stated that the 2013 General Fund Operating budget has not been
approved and if an operating budget is not adopted prior to 2013 there would be no
authority for him to pay bills, leases or wages. He explained that the motion in the
submitted report would give him the authority to continue to make payments that are
required by contract until such time that the 2013 operating budget is approved.
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that the following resolution be
adopted, namely:
WHEREAS the 2013 General Fund Operating and Capital Budgets for the City of Saint
John have not yet been approved by Common Council; and
WHEREAS expenditures will be required in the normal course of the municipality's
continuing operation prior to the approval of the 2013 Operating and Capital Budgets;
NOW THEREFORE BE IT RESOLVED as follows:
a) That the City Manager is hereby authorized to approve expenditures not
exceeding $25,000 where provision for such expenditures would normally be
contained in the municipality's Operating or Capital Budget; and
b) That the Treasurer is hereby authorized to make payments:
i) As required to meet the City's pre - existing or continuing obligations;
ii) To boards, commissions or other organizations to which the City has pre-
existing or continuing obligations or which in the Treasurer's opinion are
necessary to ensure the continued fiscally prudent and efficient day to
day operations of such boards, commissions or organizations;
during the period concluding with the Council's approval of the 2013 General Fund
Operating and Capital Budgets.
Question being taken, the motion was carried.
17. Committee of the Whole
17.1 Committee of the Whole: Staffing in the Finance Department
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that as recommended by the
Committee of the Whole the City Manager be authorized to fill on a permanent basis the
vacancies resulting from the retirement of the Finance Clerk, the Payroll Administrator,
and the Accounting Supervisor; and be authorized to hire a casual employee at the entry
level of Administrative Assistant for a period ending not later than August 31, 2013.
Question being taken, the motion was carried with Councillor Farren
voting nay.
17.2 Committee of the Whole: Arrears in Payment Under Lease
On motion of Councillor Merrithew
Seconded by Deputy Mayor Rinehart
RESOLVED that as recommended by the
Committee of the Whole, the City distrain for rent due and in arrears from 662677 N.B.
Inc. for rental of Parcel A and Lot 12 -01 at Reversing Falls, Bridge Road, Saint John,
NB; direct the Commissioner of Finance to engage such services as necessary to effect
such distraint and authorize the Mayor and Common Clerk to execute any necessary
documentation with respect to the distress.
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Question being taken, the motion was carried with Councillor McAlary
voting nay.
17.3 Committee of the Whole: Purchase of "Permanent" LTD Coverage
On motion of Councillor McAlary
Seconded by Councillor Reardon
RESOLVED that as recommended by the
Committee of the Whole the City Engage Owen McFayden for the following purposes:
1) Their proceeding on an urgent basis to seek quotes from invited providers for
interim or bridging Long Term Disability (LTD) coverage for City employees until
more `permanent' LTD coverage is put in place, and
2) Their assisting the City in developing a public advertisement for the purchase of
LTD coverage commencing with the conclusion of the aforesaid bridging LTD
coverage, and their assistance in evaluating the responses received to such
public advertisement; and
Further be it resolved that the Mayor and Common Clerk be authorized to execute
the necessary documentation."
Question being taken, the motion was carried.
18. Adjournment
On motion of Councillor Reardon
Seconded by Councillor Norton
RESOLVED that the December 17. 2012 meeting
be adjourned.
Question being taken, the motion was carried.
The Mayor declared the meeting adjourned at 8:15 p.m.
Mayor 1 maire
Common Clerk 1 gref#iere communale
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COMMON COUNCILICONSEII_ COMMUNAL
DECEMBER 19, 2012 /LE 19 DECEMBRE 2012
COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN
CITY HALL — DECEMBER 19, 2012 - 9:50 P.M.
Present:
Mel Norton, Mayor
Deputy Mayor Rinehart and Councillors Fullerton, MacKenzie,
McAlary, Merrithew, Norton, Reardon and Snook
- and -
K. Forrest, Commissioner of Growth and Development
Services /Acting City Manager; S. Brittain, Solicitor; G. Yeomans,
Commissioner of Finance and Treasurer; J. Taylor, Assistant
Common Clerk; and K. Tibbits, Administrative Assistant
1. Call To Order — Prayer
Deputy Mayor Rinehart called the meeting to order.
On motion of Councillor Norton
Seconded by Councillor McAlary
RESOLVED that the meeting time be extended
beyond 10:00 p.m. as provided for in the Procedural By -law.
Question being taken, the motion was carried with Councillor Fullerton
voting nay.
On motion of Councillor McAlary
Seconded by Councillor Snook
RESOLVED that Section 5.6 of the Procedural By-
law be suspended to allow for the addition of items 1.1 Committee of the Whole:
Memorandum of Understanding Regarding The City of Saint John Pension Plan; and 1.4
Committee of the Whole: OMG Benefits Consulting Inc. Agreement.
Question being taken, the motion was carried.
(Deputy Mayor Rinehart withdrew from the meeting)
After a recess, the open session meeting resumed with Mayor Norton assuming the
Chair.
1.1 Pension Plan Reform — Committee of the Whole: Memorandum of
Understanding regarding The City of Saint John Pension Plan
Mayor Norton noted that Council had previously approved in principle the Memorandum
of Understanding with respect to the shared risk pension model, subject to receiving
information regarding the long term disability component.
On motion of Councillor McAlary
Seconded by Councillor Norton
RESOLVED that the Mayor and Common Clerk be
authorized to execute the submitted document, entitled "Memorandum of Understanding
Regarding The City of Saint John Pension Plan" between the City, IAFF Local 771, the
Saint John Police Association, CUPE Local 18 and CUPE Local 486.
Question being taken, the motion was carried with Councillors Fullerton
and Snook voting nay.
1.4 Committee of the Whole: OMG Benefits Consulting Inc. Agreement
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that as recommended by Committee
of the Whole the Mayor and Common Clerk be authorized to execute the submitted
agreement between the City and OMG Benefits Consulting Inc.
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Question being taken, the motion was carried with Councillor Fullerton
voting nay.
1.2 Long Term Disability Coverage
On motion of Councillor Merrithew
Seconded by Councillor Snook
RESOLVED that Item 1.2 Long Term Disability
Coverage be tabled.
Question being taken, the motion was carried.
1.3 City Manager: 2013 General Fund Operating Budget (Tabled from Dec 17,
2012)
Item 1.3 City Manager: 2013 General Fund Operating Budget remained on the table.
18, Adjournment
On motion of Councillor Reardon
Seconded by Councillor Merrithew
RESOLVED that the meeting of December 19,
2012 be adjourned.
Question being taken, the motion was carried.
The Mayor declared the meeting adjourned at 10:50 p.m.
Mayor 1 maire
Common Clerk 1 greffiere communale
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