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2013-02-04_Agenda Packet--Dossier de l'ordre du jour � � � �, A City of Saint John Common Council Meeting AGENDA Monday, February 4, 2013 5:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plai� utiliser I'entree Chipman Hill 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. Pages 1. Call to Order- Prayer 2. Approval of Minutes 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Proposed Public Hearing Date - Land Adjacent to 460 Latimore Lake Road 1 - 1 6. Members Comments 7. Proclamation 7.1 White Cane Week February 3rd to 9th, 2013 2 - 2 8. Delegations/ Presentations 9. Public Hearings 10. Consideration of By-laws 11. Submissions by Council Members Powered EY:i�(�'f�1i]�p ..,/!+�t�. 1 11.1 Use of City Water and Sewerage Lines (Councillor Strowbridge) 3 - 3 11.1.1 AMENDED - Use of City Water and Sewerage Lines 4 - 4 11.2 Sidewalk on Loch Lomond Road (Councillor Strowbridge) 5 - 5 11.3 Flooding in Westgate Park (Councitlor Farren) 6 - 6 12. Business Matters - Municipal Officers 12.1 City Manager: Non-Connected Water/Sewerage Customers 7 - 7 12.2 City Manager: Software Agreement for Risk Management 8 - 29 12.3 City Manager: Contract No. 2012-14 Asphalt Resurfacing -2012 Update 30 - 31 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 16.1 M. Carpenter Letter- Request for Pedestrian Accident Statistics 32 -44 16.2 City Manager: Demolition of Fire-damaged, vacant, dilapidated and dangerous 45 - 92 building at 158-160 Winslow Street 16.3 City Manager: Traffic Lines and Markings - Service Delivery Options 93 - 96 16.4 Ambulance New Brunswick Request to Present 97 - 97 16.5 Saint John Free Public Library Letter- Freedom To Read 2013 98 - 98 16.6 Approval of Minutes - January 21, 2013 99 - 107 16.7 Approval of Minutes - Emergency meeting December 20, 2012 108 - 110 17. Committee of the Whole 18. Adjournment 2 P �� -4�� ,�1�;. ��:i� � i �i_«�',,� / � `�{� � City of Sain�John Common Cauncil Meeting Monday Febrnary 4th 2013 Committee of thc Whole 1. Call to �rder Si �-ous avez besoin des services en fran�ais pour une reunion dc Canseil Communal, veuillez contacter le bureau de la greffiere comrnunale au 658-28b2. Each of the following itcros, 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 dccision{s} in that respect in Open Session: 4:30 p.m. 8th Floor Boardroom City Hall 1.1 Approval of Minutes 10.2(4) 1.2 Personal Mattcr 102(4)(b) 1.3 Legal Matter 10.2(4)(f,g) 3 g_�� '�"�� }�ii '�,:� �r �-.as �>� �..,�.U� '�S,�.. _..� The City of Saint John S�ancc du conseil communal Le 4 fevrier 2Q13 S�llc du conseil, 17 h Comite plenier 1. Ouverture de la seance Si vous avez bcsoin des services en fran�ais pour une reunion de Conseil Communal, vcuillez contacter le bureau de la greffiere cornrnunale au 658-2862. Chacun des points suivants, en totalite ou en partie, peut faire 1'objet d'une discussion en prive en vertu des disposi�ions prcvues a 1'article 10 dc la Loi su�-les municipalites. Le conseiUcomite prendra une ou des decisions a cet cgard au cours de la seance publique : 1b h 30—Salle de conference, Se etage, hotel de ville 1.] Approbation du proces-verbal —paragraphe 10.2(4) 1.2 Qaestion relative au personnel—alinea 10.2(4}b} 1.3 Question juridique—alinea 10.2(4�f} 1.4 Question juridique—alin�a 10.2(4�f} ],5 Question juridique—alinca 10.2{4� Seance ordinaire 1. Ouverture de la seance, suivie dc la priere 2. Approbation du proces-vcrbal 3. Adophon de 1'ordre du jour 4. Divulgahons de confl�ts d'intcrets 5. Questions soumises a 1'approbation du conseil 5.1 Date proposee pour 1'aucfience publique visant les terrains attenants au 460, chemin Latimore Lake 6. Commentaires presentes par les membres 7. Proclamation 7.1 Sernaine de la canne blanche du 3 au 9 f�vrier 2013 8.Delegations et pr�sentations 9.Audicnces publiques 10. Etude des arretes municipaux 11, lnterventions des mcmbres du conseil 11.1 Utilisation des canalisations d'cau et d'egouts de la Ville (conseillcr Strowbridge} 11.1.1 MODIFICATION—Utilisation des canalisations d'eau et d'egouts de la Ville 11.2 Trottoirs da chemin Loch Lomond (conseiller Strowbridge) 11..3 Inondations dans le parc Westgate (conseiller Strowbridge) 12.Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Directeur gcneral : Clients non reli�s aux services d'eau et d'�gouts 12.2 Directeur general : Adoption du logiciel aux fins de gestion des risques 12.3 Directeur gcneral : Contrat poar les travaux de resurfa�age d'asphalte pour 2012-2014—Mise a jour 2012 13. Rapports deposes par les comutes 14. Etude des sujets ecartes des questions soumiscs �1'approbation du conseil 15. Correspondance gen�rale 16. Ordre du jour supplementaire 16.1 Lettre de M. Carpenter—Dema�de de statistiques portant sur les accidents touchant les pietons 16.2 Directeur general : Demolition d'un batiment endommage par un incendie,vacant, delabre et juge dangereux au 158-160 rue Winslow 16.3 Directeur general : Lignes de marquage rout�er—options de prestation de services 16.4 Demande soumise par Ambulance Nouveau-Branswick en vuc de faire une presentation devant le conseil 1b.5 Lcttrc de la bibliotheque pahlique de Saint John—Lecture en toate �iberte 2013 16.b ApprobaYion du proces-verbal dc la seance tenue le 21 janvier 2013 1b.7 Approbation du proces-verbal de la reunion d'urgence tenae le 20 decembre 2012 17. Comite plenier 17.1 Comite plenier : Modification apportee au contrat et a la declaration de fiducie pour le regimc a risque partage de The City of Saint John 17.2 Comite plenier : Convention d'approvisionnement en eau relative a Kenne6ecasis Park 18. Levee de la seance _�l�?��.� '��`� ��,�I��I��I�T �.��J1�T�,��, � �. .o. M&C-2013 -014 January 28, 20]3 city of Saint John His Worship Mayor Mel Norton and Members of Cominon Council Your Worship and CounciIlors: SUBJECT: Proposed Public Hearing Date Land Adjacent to 460 Latimore Lake Road BACKGROUND: As provided in Common Council's resolution of August 3, 2004,this report indicates the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. Details of the applications are available in the Cammon Clerk's office and will form part of thc documentaiion presented a.t the public hearings. The following application has been received. Namc of Location Existing Proposed Reason Applicant Zone Zone Fundy Bay Land adjacent to "RF" "PQ" To permit a Sand&Gravel 460 Latimore Lake gravel pit Inc. Road 1tECOMMENDATION: That Common Council schedule the public hearing for the rezoning application of Fundy Bay Sand&Gravel lnc. (land adjacent to 460 Latimore Lake Road) for Monday, March 4, 2013 at 7:00 p.m. in t}�e Council Chamber, and refer the application to the Planning Advisory Committee far a report and recomrnendation. Respecifully submitted, � � 1 � Amy Poffenroth J atrick Woods, CGA Acting Commissioner City Managcr 1 �:-� � � The City of saint John Mayor Mel Norton Mayor's Office Bureau du maire PROCLAMATION WHEREAS: The first week of February, 2013 is recognized as White Cane Week; and WHEREAS: White Cane Week aims to remind all Canadians that the traditional white cane is a symbol of independence, not dependence and that a lack of sight is not a lack of vision; and WHEREAS: This is the 65th year that this public awareness program has taken place in Canada and reflects the changing situations of people who are blind and visually impaired; and WHEREAS: White Cane Week is a program of the Canadian Council of the Blind which has acted as "the voice of the blind" for over 60 years; and WHEREAS: Canadian Council of the Blind asks that service providers remove barriers that limit the fullness of life for our fellow blind and visually impaired citizens. /��,�'� NOW THEREFORE: I, Mayor Mel Norton;'v of Saint John do hereby proclaim the week of February 3rd-9, 2013 as White Cane Week in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John /!' - SAINT JOHN RO. Box 1971 Saint John, NB Canada E2L 4L� � wwwsaintjohn.ca I CP. 1971 Saint John, N.-B.Canada E2L 4L1 �� ,� G �� ._,-.�w._�_n�. .�'�'�'�.��'�„�'1 `0� 4 The Ctty af Saint John January 29, 2013 Your Worship and Members of Common Council Subject: Use of City Water and Sewerage Lines Motion: That the current by-law 5.1 ar�d 5.2 that requires citizens to hook up to a city water and sewerage main when they are on their own wells and septic be changed to include a grandfather clause. That if you were living on the property before pipes were installed tf�at you will not be forced to hook up if you don't want and that you will not be charged for water and sewerage if you choose not to hook up. That property owners, home owners, not be charged for water and sewerage that they do not use or want. That citizens who are currently using wells for drinking water and septic tanks for sewerage be exempt who were living there prior to new infrastructure being built. That they not be made to pay for city water and sewerage fees or be billed for wa#er and sewerage rates that they are not using. Further that ali existing bills that have been issued to these citizens be immediately re�oked, and al! amounts owing and leans that are the homes of the citizens also be removed irnmediately and this be the practise from now and fihe future. Citizens should not be forcecf to pay for services they do not use and should not be expected to hook up just because new devefopment has been built around them. Further that once the homes are sold that no requirement be added#hat any new buyer be forced to hook up as a condition of saie and or purchase, and that new owners of these alreacfy exempt properties not be billed by Saint John Water for services they do not use or want_ Hooking up to be voluntary and no fees be charged if they choose not too and na leans on properties be imposed for failing to pay these bills. That no callection measures be imposed anc! those that are currently taking pface cease immediately. To hook up to new water and sewerage lines that may come later still be valuntarily to the existing, or future, homeowners. All current fees, amount owing, leans, collection tactics be ceased for the existing home awners and all amounts owing be forgiven and revoked effecti�e immediately. Respectfully Submitted, Ray Strowbridge Councillor, Ward 4 (received via email} ,��a�,. -- -- ---- �...: �`a.��l?�°�'��9�:[.[� 9?�j.G�r�� ia�3'l "��ieni�rcm4� �.��,'� ^. p�.�a�:,: � :�I �:!#� kn,r,a°„..ab�: �r�ts�y.��j � �:.�� i��'1 �e�o��is��e�9s—��_��r�.��fa I"��..A�� • ----_ a �� e�r� . _�� , , .. �a _��-_�; The Clty of Saint John January 31 st, 20'f 3 Subjec#: Use of City Water and Sewerage Lines Motion: That sections 5.1 and 5.2 of"A By-Law Respecting Water and Sewerage" be amended by adding a grandfather clause whereby City residents who do not require municipal water and sewerage services are not billecf far said services simply because their dwelling stands on land by which a water main runs; and further that the amendment be retroactive and only to apply to residents whose dwelling existed prior to a municipal water main being a�aifable to them; and further that the by-law be amended so that existing building owners who do not require municipal water and sewerage services are not required to connect to any new municipal water mains being installed in their area, unless the owner agrees to do so; and further when a"grandfathered" house is sold, the new owner is required to connect to the city's municipal water main within 24 months. Background: The current"By-Law Respecting Water and Sewerage" requires that the owner of a building standing on land by which a sewer or water main runs must connect to said main and pay by-law rates. I feel that Citizens should not be forced to pay for services they do not use and should not be expected to hook up just because new development has been built around them. RespectFully Subm�tted, Councillor Strowbridge (via e-maily t��'�, -------- - - - - - � �i�1;�c:�il h t�;�:a;,i , �°.:t'; ��s � ,.,,, �<< C:,��ai�;� ��4 x �-_- �. ,,,�..�s�.4:�a I G;.�g 1'�l1 4��r�[Jt�Frrr,hd_—�e K:aera.�� a�IL�'l.1 � ,�• :�. }h �.. ' � } `.°-� � Tf18�O�$�1AL JO�IIl January 29, 2�13 Your Worship and Mernbers of Common Council Subject: Sidewalk on Loch Lomond Road Referral Motion: City Staff and Bifl Edwards look into building, and finishing, 3KMs of sidewalk on Loch Lomond Road ta finish the existing sidewalk that wasn't completed when the original work was being constructed in the 1990s. Respectfiully Submitted, Ray Strowbridge Councillor, Ward 4 (received via email} ,`�� +��''�� _ __ — _ _ �� 1i[�?��° gjr�Ai`r��] F'.C?.�ieax i�l1 �.a��s�� ; � ;� . ,��,�� .�. �� I �:�° �s�yu��9:bo.�sa � �;;.�'�,".�;�"� ��i�it Jc��ya FJ:��..�_�r��a� ��L�L:� � �� .Y.�, 4 c;:.._ � �J, ��y` �+ef'`T ,. . The Cjty af Safnt John January 30, 2013 Yaur Worship and Members of Common Council Subject: Flooding in Westgate Park Motion: T�at Common Council use the money saved that staff identified from the piping system over the Reversing Falls bridge to address and fix the ffooding in Westgate Patic. Respectfully Submitted, Bill Farren Councillor (received via email} �`�f�: ��- ----�� _� �. �� i�"p��+,�.� ��.��E rc��"n �aai��t Ja�l�i�,�V€� ��¢�Ra�� E2a%�I� ��^�,ruv�eia�q�hr�.� � �.f'. I�e'1 S�irg��c�l��,#�l.�B.�ara�� L.41_:I _.-_�___.. � 1� � � �� '�r "V � �. ��J' � � � � � � � � �anuary 5, 2013 � � - ��. �r�. � � �� His Worship Mayor Mel Norton and � �'3 , Members of Common Council Th�C�u�`5�mt�h�s Your Worship and Councillors, Subject: Non-connected Water/Sewerage Customers Council previously requested information on the number of customers that are being billed for water andJor sewerage services when they are not actaally cflnnected to the available municipal lines. There are currcntly a total of 109 residential customers being billed for water services ($454), sewerage services ($554) ar both ($1008}. The actual annual charge in each case depcnds on the availability of the municipal service adjacent to the property, The projected billing for 2013 is $29,06Q for water service and $45,978 for sewerage service for a total of$75,036. Our Water and Sewerage billing system does not contain readily available information on connection data. Municipal Operations staff compared our billing records against their installation records on a number of streets {over 900 properties) where we are aware of customers being billed due to service availability without connection to all available services. There may be other small pockets around the City where servicc lines were extended and custorners have not connected that are not on this list. This list of accounts reflects those that are billed without record of connection to City service(s} and the 2013 revenue which shall be billed. Soxne of these accounts may actually be connected without our having been notif ed when connection took placc. Field inspections and testing would have to be done to confirm whether connections have been made. These will be identified if Universal Metering occurs. Recommendation That this report be received. and filed. Respectfully submitted, .��, t�1� J. trick Woods CGA City Manager 7 REP�RT T(J C4MMQN CQUNCIL � � 30 JannaYy 2013 cxq+ ae sa�nr �obn His Worsl�ip Me!Norton und Membera af Common Counc�il Your Worship and Coanc311ors: SIIB.TECT: Software agreemeat for Risk Mansgement BACKGR4iIND: The City of Sai.nt 7ohn combinod with their insurer has claim payments or losses of almost 5300,000 per y+r�r. The traditionai rale nf Insuranoe and Claums was to provide and ensure adequate insurance is in place to desl with expected and unexpec,�ted loss�s. This involves keeping up wifh loss 1�ds end market issues and to handle claims as they aris� The City typically will record around 4(l0 claims a year for ev�rything from damages cavsed ta persons or property of nthers tt�losses suffered to the City's own vehicles or pmperty. It is recommended th�t tbe City adopt a more praac#ive approach to insuranee and claims and adopt a Risk Management policy. That policy is cuireutly in dr�form and should be presented to council sh�ortly but gart of that sfirategy is ta adopt some toals that will make Risk Management possiblc aud allow for quick�r evaluatiQns of Risk Managemen�t opporiunrties. Your Insurance and Claims Officer h�s rc�lewed several possible solations to help move the City in this direction. a�nd has found same very affoidable softwaie developed in Canada by C1earRisk�MM for medi� sized municipalities that will enable this type af vrork. AN'ALYS�S: Cuaently, the Risk�►nalysis process can take days to complete far speciific losses. The only tools available are excel spneadahee�s that were c�veloped ov�10 y�ars ago and to d�ta mine tha�t informatYOn for specific loss types or�ds is very tedious giv�ther�are ove�40(}claim�on average per year. Most claim records were hand writte.n requires many filling cabinets to store. The data is also very susceptiUle to damage given its physical form and is not oonsistent 8 Riek Manage�ne�nt soflware agreement with best practices in insnrance c2aims and recoYds management. It is proposed t�at we move the City into electran�ic stoiage of clairu,policy and incident rr�orting and at the same time,prowide a tuol that will anablc eff�ve Itisk Managc�ent CiearRisk Claims vvill provide an electr�onic claim system that will enable records managanent consis#ent with Provincial legislatirnY and provide adequate protection of privacy for cl�ims infomaation. C1earRisk is supparted by SaZeBforce.comTM and is based out of St. �Io}m's NL. They have other municipalities and municipal assoriations as custom�s and fmm discussions with oth� Risk Managemeat oolleagucs acxnss Csnada,the genera!eaperience has bean pasitive with C1earRisk. Several oth�Risk Managers have advised that this soflware hes en$bled thcm to move ont of paper and excel based claim databases to more suitable systesna. A normal analysis af simple lossea far at fault acuto accidents as an example,would talce 2 to 3 days to data mine and evaluate. W1f$'�116t 6y5�ID,thase lasses could be identifieci in minertes. Mare complicated and complete data such as what's completed annually with insurauce renewals cazi take weeks vvith the City's current system_ This ncvv saflware wi11 ke�ep an up to date databaee of all inf�ar,mation needed £or renewals and tenders of insurance on an on-gaing basis and avazlable at a momexrt's notice. The contracts and software has heen reviewed by the Ciiy's Records Manager,The Privacy Offi cc�,the IT and legal departmeRnts has be�found�o be compliant with the City's require�ents. Atta�hed is an Executive Sumrnary firnn C1earRisk fvr their carporate infor�nation along with the agreem�t with C1earRisk and Salesfarce.oa�n FINANCIAL IMPLICATIONS: C1earRisk has ext�ded a limited time o�er to discount thc implemeutation and training fee by 50% to $2,500. Thcre is also an np front cost of$2,SOU for data mi�tit�n to the new platfrnm for a total up front oost of$S,OQO. Aanual licensing pricing based an a 3 year tcerm would he: Admini�lrative User �6 000 Dele e User $SQO Incident R ��,D00 Total Annual Cart $7 0 These costs can be man�.ged within the existiltg bwdg� in Finauce and Administrative services. In order to r�duce our ann� claim gaym�nts and future premium increa�es, the City wo�d have to implement bet�er Risk Management practices and we view dris type af soflwere of enabling a Risk Managan�t progr� The efficiency be�ng gained fa�outwcigh the cost of the software and to�nove in this prbadive direction without�ccquiring additional pexsannel is siguificane. 9 Risk Maasgam�t software agtee�nemt RECOMMENDATION: It is reoommended t�at Crouncil apprnvc thepurchasc af Riak 1Vi�ageme�et�oflware from C1cmrRisk inc.and thgt the May�ar and Coinmon Clealc be aaxhorized to exec�te the ag�nents with C1carRisk Inc. and Salcsforc�e.00m atta�hed to tbis reperrt, RespectfaUy submitbed, Iau BBA RM Insurance and Claims cer Gregory J Yeoman�,CGA MBA Cona�missioner of�nance�nd Adminisir�Yiye Service� _ � ,trlck Woods,CGA (�y Manager 10 Appendix A-Pricfng 1. The first,full AdmEn user is$6000 per year. Additional full Admin users are $30Q0 per year.Eath additional 13elegate user is$500 per year.A!I fees a�e reoccurring annually. 2. implementation and Training Fees: Our standard$500Q ane-time fee is being reduced by 509�to$2500 for the City of Saint 1ahn,pending a signed agreemen� by December 3��`,2�12. 3. Data Imports:Historical claims d�ta and ather data such as claim/incident records,location schedules,employee information,vehlcle schedules,etc.can be imported.The standard charge for this servlte is$S,OOQ for the �nitial data Import and oanversion,pending a review of a sample of the data.Thls on�time fee is being reduced by 5Q%to$2500 for the City of Saint,lohn, pendln�a sig�ed agre�ment by Decernber�1�;2012. 4. Incident Reparting: ClearRisk is able to provide your locations access to an electronic farm that wlll er�able individual locations to report their intidents online�r$1p00/annuaily. 5. All prices are based on a 3-year tontr�ct and are 5ubject to applicable taxes. Annual Pricing(Based on a 3 Year termj Product Annual Prking Prlrnary Admin User x 1 $�pp Delegate User x i $5Q0 Incident Re orting for locatians $1,000 Tota1 $7,500 One-time Charges Product One-Tlme Prtce Implernentation and Training $2,5Q0 H�storical Data Import $2,5QQ 11 1 CLEARRISK CLAIMS SERVICES AGREEM�NT T H I S AG R E E M E NT is made at S�irrt John, in the Province of New Brunswick,this day�f .2013. BETWEEN: CLEAR RISK INC..a bady corporate, org,�nued and sxisting under the laws of the Province af Newfoundland and Labrador�"CfearRisk") of the�irst part AND: The City nf Saint John, a body oorporate� by Royal Charter. �rC��entp� of fihe second part WHEREAS: A. ClearRisk provides a sof�ware product that manages claims and risk information ("ClearRisk Claims°);and B. ClearRisk has agreed ta licence to Client and Client has agreed to licence from ClearRisk pursu�nt to the terms and conditivns corrtained he�ein. WITN ES5 ETH that for and in cansidera#fon of the sum of one dollar($1,00}and the respective covenants and agreements of the parties oontained herein and for other good and valuable consideration{the receipt and sufficiency of which are hereby acknowledged by each of the parties)� it is hereby agreed as follows: 1 Interpreta#ion 1.i Definitfons a "Bus in ess Day" means any day other than Saturday,Sunday er a day that is a statutory holiday as observed by the City of St John's, in the Provinoe of NewFoundland and tabrador. b "Cle&rRi&k° means Clsar Risk Inc. c "Cf ient" means The C�ty of SairrtJohn. d °ClearR+sk Cla ims° has the meaning as set out in recital A. of this Agreement. e "Confidential Information" means any informa�kion. dats,or know- �aw disclosed byane party(the "Discloser°)tothe other party(the 12 a "Recipiertt"),including,but nat limited to,that which relates to research, product plans, products,senrices.cust�mers, market;s, software, developmen#s, inventions, prooesses,designs, drawings, engineerin�, hardware configuration ir�formation, marketing or fnances. Confidential Information does not include information� technical data or know-how whlch: i is in the possession of the Recipient atthe time o#disclosure as established by the RecipienYs f�les and records imrnediately prior to the time of disclosure; ii prior ar after the time of disclosure becornes part of the public knowledge or literature, not as a result of any inactfon or action of the Recipient;or iii is approved for public release by discloser in writing. f "Discloser" has the mea�i�g as set out in Subsection 1.1e. g "Eve nt of Defa u It"has the rneaning set out�n Section 8.1 hereto. h °Pariy" means ClearRisk or Client and "Pa rti�s"ClearRisk and Client. i "Pollcy" has the mearting as set out in Subsection 9.6a hereto. ,j "Pratected Parties"shall have#he meaningset aut in Section 9.4 hereto. k "Recipient" has the meaning as set out in Subsection 1.1.e. 1.2 Schedules and Recitals The recitals to this Agreement are hereby inoorporated into and form part of this Agreement The fallowing Schedules are attached hereto and form part af tihis Agreement: Schedule "A" Salesforce.com Acfditiona!Terms Schedule "B° Pricing of CfearRisk Claims For greater certainty,Cfient acknowtedges and agrees thet the temns and conditions set forth in the attached Schedule "A"�orm part of this Agreement and Clierrt agrees to be bound by those terms and oonditions. Clier�t acknowledges and agrees that the terms se#out in the a#tached Schedule"A"terms impased upon ClearRisk by it5 suppliers ancf a breach by Clierrt of the terms and conditions set farth therein coufd imp�ct and/or prevent Client from being able to access ClearRisk Clalms. 2 Term 13 3 2.1 Term of Agreemen# Thls A�reement oomes inta force as of the dste hereof and has a term of thr�e years from the date o� which#his Agreement comes irrto farce unless iE is re�ewed in accordance with the provisions of Section 2.2 hereto. 2.2 Renewal unless canoelled This Agreemen#shall renew for succesding three year terms uNess a Party no#ifies the other Party in writing of its intentfon not to renew this/lgreement no less than thirty(30)days priar to the next renewal dat,e. 3 Grant of License ClearRisk hereby grents to Client,subject to the terms and conditions of this Agreemen#(including the schadules attached hereto),a non-excluslve, non- twansferable licence to use C1earRisk Clalms_ 4 �icence Fee Client agrees to pay the fiees and other charges for ClearRisk Claims and other servioes provided under this Agreement as s�ecified Pn Schedule°$". All smounts payable hereunder are exclusive of any and all t�ces,and Client is respanslble for payment of such ta�ces(excluding taxes based on ClearRisk's net income).AII pnces are stated, and Client shall pay, in Canadian dollars. Fsyment received by ClearRisk after the due date shall be subject to a late fee equai to one and an�half percent {1.5%)per mon#h,or, if less,the maximum amount allowed by applicable law. At the end of the initial three year term of thls Agreement and any subsequent thr�ee year terms,ClearRisk m�y ad,�ust the fee payable under this Agreement by providing Client written notice of such adjustment at least si�cl.j+(60)days prior�o the beginning of the new term. 5 lnteflectual Praper#y 5.1 ClearRisk Cfaims Subject to the limited rights expressly granted hereunder, CfearRisk reserves all rights,title�nd interest in and to ClearRisk Cl�ims, including all related inteflectua! property rights. No rights are granted to Client hereunder other than as expressly set forth in this Agreement.Cleariiisk r�etains all right,titJe and interest In and to ClearRisk Claims at a!I times,snd regardles.s of the fnrm ar media in or on which the original ar other copies may subsequently exist. F�nally, any suggestions, ideas or inveRtions that Client, its employees or agents.voluntarfly and aptianally disclase to ClearRisk through any means will be used, ar not used, by us at ClearRfsk's sale dfscretion;and,ClearRisk will have no abligation to Client, its employees and/or ager�ts regarding any ideas or irn+errtians that Client, its employees and/or agent disclase through such means. 14 4 5.2 Corrtent 7he Parties hereto agree that Client shall retain all right.title and irrterest in any and all data Client prov�des for inclusion in the ClearRisk Claims. ClearRisk agrees that it will not share any d8t� i�receives from Clier�t with any other parky. 6 COnfidentiafity 6.1 Use of Cor�fidential Information It is agreed that the Confidential Irrformation will anly be used in ClearRfsk Claims. The Recipient also undertakes not to use the Canfiden#ial Information or to ellow its use by a th�rd party for any personal, commercial or other purposes, or far any other reasan whatgoever. 6.2 Unauthorized Disclosure The Recipient agrees not to use the Confider�tia! Information for any purpose other than that set forth in Section 6.1 of this Agreement Th�Recipier�t will not disciose any Confidenfiial Informatfon to third parties except thase directors, ofFicers, employees, oonsultants and agents of the Recipient wi�ro are required to heve the information in order to carry out the purpose set forth in Sec#ion fi.1 of thls Agreement. The Recipient agrees that it wiN take a!I reasonable measures to pratect the secrecy of and avoid disclosure or use of Cortfideritial Information in arder ta prevent it from faAing into the public domain or the possession af persons other than thase persons authorized hereunder to have any such information, whtch measures shall include the highest degree of care tFeat the Reciqient utilizes to pratect its own ConfidentiaE I�ormation of a similar na#ure. The Recipient agrees to notifjr the Disdoser in writing of any misuse or misappropria#ion ot such Canfidential Information that may come to its attention immedia�ely upon discovery thereaf. 6.3 Non-Discretionary Disclasure Notwithstanding any of the foregoing prov�slans,the Recipierrt shall be en#i#led to make such disclosure,ann�uncement,stafiement or communication rvhich rt reasonably beiieves is required by law or by any govemmental or other regulatory authority pronrided that it first gives to the Discloser, if affected by the same�such advance notice therenf�s Is reasonably practicable in all the circumstances gnd provided that tne Recipient uses all reasonable endeavaurs#o comply with al! reasonable dir�ections of the Di�closer regarding any actiQn whlch the Discloser may wPsh to be taken to challenge legally the�alidity of such requirement 7 Disclaimer of Warranty USE OF GLEARRiSK CLAIMS IS AT CLIENT'S OWN RISK. CLEARRISK PROVIDES 15 S CLEARFt1SK CLAlMS ON AN "AS IS", "WHERE tS°. BA51S WITHUUT WARRANTY QF ANY KINQ, �I7HER EXPRESS, IMPLIED OR STATUTORY, INCLUDING 8UT N07 LlMITED TD TH� IMPLIED WARRANTIES OR CONDITIONS 0� MERCHANZABILIlY, FITNESS FOR A PARTICULAR PURPQSE, ACCURACY QR NON-INFRINGEMENT. CLFJ�IRRISK AI.SQ DiSCLAIMS ALL LIABI�ITY WITH REGARD TO CLIENT'S VIEWfNG QF ANY WEB SfTES THAT MAY BE LINKED FRUM CLEARRISK CLAIMS. 7HIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. CLEARRISK MAKES NO WARRANIY THAT CLEARRISK CLAIMS 15 ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE, THE RESUL�S THA7 MAY BE OBTAINED FROM THE USE OF CLEARRISK CLAIMS WILL BE RELIABLE, THE QUALITY OF ANY PRODiJCTS OBTAINED OR PURCHASED THROUGH TH� USE OF CLEARI�ISK CLAIMS WILL MEET CLIENTS IXPECTATIONS OR ANY ERRORS IN CLEARRISK WILL BE CORR�CTED. 8 Defau[t and Terrninatian 8.1 Events of Default 7he Parties agree fihat an Event of Default shall include: a a breach by Client or ClearRisk of a t�rm of this A�reement(including #he Schedules); 8.2 Termination by F�arly upon �vent of Default (i} Upon the occu�rence af an Eve�t of Defauft attributable to Client under this Agresment,then ClearRisk may issue a notice in writing af default end on failure of Client to remedy the same or cause the same to be remedied within thirty(30) Business Days'after the issuance of the notice.ClearRisk may at its option terminate this Agreement by notifj►tng the Clierrt in writing of�ts election so to do. In the event that this Agreement is terminated,such termination shall not prevent ClearRisk from �Ilecting from Client any sums or payments accrued priar to termina#ion. (iij Upon the occurrence of an Event of Default attributaWe to ClearRisk under this Agreemen�,then Client may[ssue a notice In writing af default and on failur�e of GlearRisk to remedy the same or cause the sarne ta be remedled within thirty(30)Business Days" after the issuance of the notice,Client may at its option term�nate this Agreemer�t by notifying ClearRisk in writing afi its election sa to do. In the event that this Agr�ment is#errninated,such termina�ion shall not relieve Ciien#of any o6ligations that have accrued as of the clate af such terminat�on, including,withotrt limitation,any sums or payments then due. 8.3 frceparable Harm 16 6 Clierrt ag�s that should it breach or violate any obligations set out in this Agreement, qearRisk may be irreparably harmed and that such harm may not 6e adequately cornpensated for in damages. Cllerrt further agrees that in the everrt that Client breaches its nbligations set out in this Agreement,ClearR�k may ha�e the right ta seek and obtain immediate injunGtive relief#a enforr,e obli�ations under this Agreement in arldition to any other rights and remedies it may have at law or equity. 9 Indemnification and Insurance 9.� Indemnificatian by qient Cllent agrees that it shall at all times promptly indemnify and hold CIe�rRisk safe and harmless from and against any�nd all actions, manner of actions, causes of actions, liabilities, ClBims, demands,suits, damages(incidental�direct� indirect, spe�iaf, consequeritial or otl�erwise), Iasses, InJurles, expenses(including, without IimiRation, legal fees on a solicitor and own client basis) or otherwise which may be brought against or suffered by ClearRisk for,�rising from or in any way connected with a breach by Client or of this Agreement. 9.2 Indemn�ca�ian by ClearRlsk ClearRisk agrees that it shall at all times promptly indemnify and hold Client safe and harmless from and against any and all actions, manner of actions, causes of actions, liabilities, claims, demands, sui#s, damages{incidental, direct, indirect, speciaf, consequentia!or athennrise), lasses, injuries, expenses(including� without limitation, legaf fees on a solicitor and own client bas�s) or ot�ervvise which may be brought against or s�.�ffered by Client for. arising from or directly connected with a breach by CiearRisk or of this Agreement. 9.3 Indernnification nf Third Party Claims-Client Client agrees that it shall at all times promptly indemnify and hold ClearRisk safe and harml�ss from and against any and afl actions, manner of acCions, CaUS�.S dt S,("ffQCl$r Ilabilities, clalms,demands,suits, damag�s(incidental, direct, indirect,special, consequentisf or otherwise�, losses, �n�uries,expenses(including,withaut limitation, legal fees an a so[ici#ar and awn clierrt basis) ar atherwise which may be brought against ar suffered by ClearRisk for, arising from or In any way oonnected with Client's us�of ClearRisk Claims. 9.4 Indemniflcation af Third Party Claims- ClearRisk Subjectto Sections 7,and 9.5,ClearRisk agrees that i#shall at al!times promptfy indemnify and hold Client safe and harmless frorn and agalnst any and all actions, manner�f a�tions, causes of actfons, liabilities,claims�demands.suits, damages (incidental,direct, indirect,special,consequential or otherwise),losses, injuries, expenses(including,without limitation, Iegal fees on a salicitor and own client basis) 17 7 or otherwise which may be brought aga�nst or suffered by Client for,arising from or directly connected with a breach by CIe�rRisk af this Agreement. 9.5 Limftatian af Liadili�y IN NO EYENT WILL A PARiY,OR THE PAR7Y'S DlSTRIBUTORS, DISTRIBUI'EES, SUAPLIERS(INCL[JDING WITHOU7 LIMITATiON,SALESFORCE.COM), MERCHAN7 BUSINESS AS.SOCIATES,ADWERTISERS,THIRD PARTY DEVEl.OP�RS OR DiSTR16l1TORS OF SUPORTED SOFfWARE, OR ANY QF THE FOREGQING ENTITI�S' OFFlCERS, DfRECTORS, EMPLQYEES, OR ACENTS(COLLECTNELY"PROTECTED PARTI ES")BE LIABLE FOR ANY INDlRECf DAMAGES, INCLUQING, BY WAY OF ILLUSTRATION AND NOT LIMITATJ�N, LOST PROFITS, LQST BUSINESS OR LOST OPPORTUNITY,OR ANY INDiRECT.SPECIAL, fNCIDENTA�OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, lNCLUDtNG �EGAL FEES,ARISING OUT OF CLEARRISK'S PRIVACY STATEMENT OR CLIENT'S USE OR INABILI'I'Y TO 11SE CREARRISK CLAIMS EVEN IF A PROTECTED PARTY HAS BEEN ADVISED OF THE POSSIBlLIiY OF SUCH DAMAGES. !N NO EVENT WILl�PROTECTEO PART'IES' MAXIMUM CUMUTATIVE LIABI�..1TY UNDER THIS AGREEMENT, EXCEED THE L�SSER OF$7,5D0.00 OR THE REVENUE ACTUALLY REC�IVED BY CLEARRISK DIRECTLY ATTRIBUTABLE TO CLEARRISK GLAfMS. 9.fi Insuranc:� ClearRisk agrees that a That the properEy,assets, undertakings, activities anaE fiabilFty of ClearRisk are insured against risks� loss snd/or damages under a policy of insuranCe{the"Po licy" )wi�h insurers who are satisfaCtory ta CEierrt in amounts,for risks and atherwise on terms which are reasonable in refation to such assets and activi6ies af ClearRisk and as is prudent having regard to the bus�ness conducted by ClearRisk. ClearRisk has a$2�000,000 CGL and E&Q. b That the Palicy wilf,at a minimum,carry limits of not less than twa million dollars($2�OOQ,000.00)per ciaim and har�e a deductible of not mor�e than ten thoUSand dollars($�O,Q00.00). c That Client is narned as�n additional insured under the general Gability insurance provisians of t�e Aolicy with respect to liahility arising from or�ut of the CleerRisk Clalms by Cllent d That the Policy shail apply as primary insurance and contain an undertaking�y the insurers to notify Client in writing not less than thirty(30}days' priar to any material change,cancellation or termination and that qearRisk itself wlll noiify Client within 48 i�ours af receipt af nntification by insurers af any cancellation or terminatior�of the Policy. 18 8 e That certificates of insurance,together wlth coples of the co�erage sheet, policy and �ny amending endorsemer�ts, in a form acceptable to Client,wilf be delivered to Client and ClearRisk upon execution of this Agreement,and upon every renewal af the Policy for so long as this Agreement remains in effect. f That there has been no defauft or failure by the party or parties insured under the provisions of such Policy which would preverrt the recovery by the Party ar Parties insured there under af the full amourrt of any insur�d loss. 10 Miscelianeous 1p.1 Further Assurances The Parties and each of them shall at ar�y time and from time to time do,execuEe, acknowledge and deliver or cause to be done,executed,scicnowledged and deli�ered afl such further acts,deeds,�ssignments�transFers, conveyances, powers of att�rney and assurances as may be reasonabfy required so as to accomplish and carry into effect the intentians of this Agreement 10.2 Waiver of Breach No delay or nmission o�either n#the Parties to exercise any right or power�ccruing upon any default or breach under this Agreement shall impair any such right or power or shafl be construed to be an acquiescenoe therein ar waiver af any such default or breach or of any right or power accruing upon any such d�fault or breach or any subsequent defauit ar f�reach under th�s Agreement 10.3 Waiver of Terms None af the conditions, covenants or agreements contained in this Agreement may be waived in whole or ir� part unl�s such waiver be in writing and signed by the Party in whase favor the representa#ions,warranties, conditions, cavenants or agreements sa waiverJ operate. 1Q_4 Asslgnment and 5ubl�cences Cllent shall ncrt be permitGed to assign this Agreement or any of its abligations hereunder, without the prior written consent of CfearRisk, whic� consent may be withheld by ClearRisk in its sale discretion. Client also agr�ees that it shall not have the right to grant sublicences under this Agreement 10.5 Notice My notice or other document required ar permitted to be given to any party hereunder shall he validly given if delivered personally{including by courier service} ar serrt by facsimile transmrttal addressed to the address�e thereof at the following r+espective addresses: 19 9 (a} if to CIe�rRisk at: 40 Aberdeen Avenue s��oa8 St,John's, NL Canada A�A 5'T3 Attention: Craig Rowe Email: craig�cfearrfsk.com Fax: 1(877) 7347475;�nd (b) if to Client at 15 Market Square P.O. Sox 1971 Saint John, New @runswick E2L 4L1 Attention: lan Fogan Email: ian.fogant�saintjohn.ca Phone:(506)632-G845 Fax: Any notice or other document if delivered shall be deemed to have been received by and�iven ta the addressee on the date of delivery,and if gi�en by facsimile transmittal shall be deemed to have been received by and given to the addressee on the next Business Day following the day of sending. Any party may at any tlme give notice in writing to the others of any change of address for these purposes. In the event of actual or threatenea! postal lnterruption in Canada, no such notice shal! be deemed ta have been received until it has in fact been reoei�ed bytl�e parq►far whom it is intended. 10.6 Rules of Interpratatian Words importing the s�ngular number shall include the plural and vice versa and words imparting the use of any gender shall include all genders. Headings used in this Agreement are for cornrenience of reference only and shall not constitute a part of this Agreement for any other purpuse including.withaut limitatian, its interpretation. Expressians such as'hereof", "hereunder"and "heref�y"shall be canstrue�d as referring to the entire Agreement and not only to the particular Articie. section,subsecti�n or claus�in which they appear. In determining beneficial ownersF�ip by a person,such person shall be considered as having a ben�cial ownership interest in the assets of any oompany cont�olfed,directly or indirectly, by such person.This Agreement shall nat be construed or interpreted so as to create any rights to or be enforoeable by any person who or which is not now,or does not i� future beoome,a partyto this Agreement. 20 10 10.7 Governing Law This Agneement shall be construed in accordance with the laws of the Province of New Brunswlck and the laws af(;an�da app�icable therein and each of the parties hereby irrevocably attoms to the e�cclusive jurisdiction of the courts of such Provinoe. 14.8 Business Days In the eventthat any act is required hereunderto be done,any notice is required hereunder to be�iven, or any period�of time�S to expire hereunder on any day that is not a Business Day�such act shafl be required tp be done or notice shafl be required to be given or tlme shall expire on the next sucoeeding Business Day. 10.9 SEVerability 7he invalidity or unenforceability af arry provision or part of any provlsion of thi5 Agreement shall not affect the validity or enforceabfllty af any other provision or part thereaF,and any such in�alid or unenforceable provisian or part thereof shall be deemed to be separate,severable and distinct,and no provision or part thereof shall be deemed dependerrt�pon any other provisi4n or�art thereof unless expressly pro�ided for herein. 10.10 Counterparts anc! Faesimiles This Agreement may be executed in any number of counterparts, each of which when so executed shall be deem�d to be an original ancf al!of which when taken�og�ther shaEl constitute one and the same agreemerrt,a�a� may be delivered by any of the parties to any otFier party by fawimile twansmittal. 10.11 Time of the Essence Time shall in all respects be of the essence of this Agreemerrt. 10.12 Currency All dollar emounts referred to herein refer to lawFul money of Canada. 10.13 Enurement 'f'his Agreement and everything contained herein shall enure to the benefit vf and be binding upon each of the Parties hereto and thefr r�pective suocessors and permitted assigns as fully and as effectuslly as if the same had been mentioned herein. 21 11 10.i4 En#ire Agreement This Agreement,induding the schedules attached hereto, f�the entire agreemerat be�lween the parties made�o date reg,arcling the subject matter ar�d supersedes any prior�greements or understandings between the pa�f�s relating fio its subject matter. No modfication or variatior�of this Agr�ement shall be efFective unless in wri�ing signecf by the Partles. IN WITN�SS WHEREOF the signature of a duiy authorized directarof each of GlearRisk and C�lent were hereunto affixed in accnrdanoe with their rules and regulations in that behalf corrtained,the day and year#irst before written, CLEAR RISK INC. City of SaintJohn s� � �- Per: Craig Rowe Per. Mayor Per: Common Clerk Resoli,�tion pate: 22 !2 � _�� 5�.�:��jOI"C��.�� ,��- Schedule "A" to ClearRislc Claims Services Agreement - Additional Terms - Salesforce.com Terrns Customer Full Legsl Cityof5a�ntJOhn Name: customer nddres6: 1S MarketSquare, P_0 BOx 1971,SeilltJohrl, New Brunswick E2!4L1 These SFUC Service Terms of Use (`AgreemenY) are between salesforce.com, inc,� a Delaware corporation wtth fts princfpal plaoe of buslnes& at The Landmark � Une Merket, Sulte 300, Sen Francisca, California 94105 ("SFbC'� and the parRy named above. This Agreement is effective, once the Agreement fs sfgned by Customer below, as of the Aooeptance D�ate(the°Effective Dete"y. 1. DEFAVITiOPiS "At�liate" means any oatity which directly or indirectly conmols, is contcolled by, or is under common eontml wifh the subject egtity. "Coniml," far purposes of thi� defini�on, meens diroct ar ind'aect ownership ar control of more than 5(F9b of the voting interests of the avbjoet cntity, 'AppExchange" means the onlCne direCtOry of appllcatfons that Interoperate wfth the Services, locsted at htta:/lwww.salesforoe.com/apnexchanae or at arry succ�ssor websfkes. "Customer" means the nonSFDC party nemed above and its Affiliates. "Cudbomtr Dafa"means all electromic data or infonnation submiucd by Customer ta the Services. �MaHeioua Code"_means virusea, wortns, time bombs, Trajan ho�raes and ather hmmfal or malicious codc, fi[es,scripte, agents ar pra�ams. "ACCeptdnCe Date" means the dete on which SFDC accepts and order from the Fteseller for Services subscriptfons on behalf of Customer. "Reseller" means the fndependent entity from which Customer has purchased subscrlptlons to the Servfces_ 'Servtces` m�ns the online, Web-besed pletforro servlces prov�ded by SFDC via htto://www.salesforce.com and/or other deslgnateq websltes as described in the User Qufde, that are ordered by Customer from a Reseller, Including essociated offflne oomponenYs deftned as part o#th8 Servlces In the User Guide but excluding Thlyd Party Applicatlans. "Third-Party Applications" rneans anllne, WeD-6aged epplications and offline software prod�cts that are provlded by thfrd parEles fncluding but noi Umlted to Reseller, interoperete wl� the Services, Including but not IEmited to those listed on the AppExchange. "U�er Gnide" meana thc online user guide for the Servicea, eocessible �-ia 1�nJ/www.eal�otca.com, as updated frOm time to tima. "Users" means individuals who a�+e suthor9zed by G�stomcr to use Wo 3cn�ices, for whom gvbscripfions ao a Serviac have been purchase� and who have been sappfied usgr ideutiTications end paaewords by G�stomer (or by SFDC at Custc>ma's request). Users mey iacIude but arc not )imiisd to employeee, coneultants, conhactors and agents of G�etomer,a thud parties with vvhieh Cuatamcr tran�aets busineas. 2. SERVICEB a. Prnvlstoa o!Serviees. SnbJect to Cuetamer's payment af all applicablz fces and its complisnce with the tcrms of this Agreement, SFDC ehall make tho Servi[;es Qvailsble bo Customer pursuemt b this Agreement b. U�er SulaeeripHous. Services ere Ueer aubscriptions emd may ba eccseesed by no ma�e than the specified number of Usors. Additional User subsrriptions Wat are added drtring the su6ecription 23 13 t�rm will be proiated for tho remainder of the seib�cription tam in effect at th�time the additional User eubscriptiorta ere added and tht added User eubscriptians shali te[minatE on tLhe same date as d�e prc�xisfai�tg Uecr eubscriptions. User subaeriptions ere for deeignated Users end cannut be shared or u�ed by more than oae Uaer,but may be reessigned to new Users replacing former Ueare wha no longer requirc ongomg use of�e Services. a SFDC ReeponsfbillHer. 3FDC shall: (i)provide to Customer baeie s�pport far the Sen+ices et no additional chergc. SFDC will not pmvide support for any Thicd Perty Appiicetions, includiug but not limitad Do an t►pplication provided Ua Customar by Reeeller, or any customi�ations, extenei�ns or and code provided by any third party, inctuding but not limited to ReseUer. SFDG wiU use cammercially reasonable offorl� to make the Servioes aysilnble 24 honra a day, 7 daya a week, tx4xpt fox: (a) plaaoed downtime (of which SFbC ahall glve at least 8 hauts notice via the Servioes and whieh SFDC sl�ll schedule ta tLe exbent piacticable during the weekend haiu's fram 6:00 p.m, Pacific time Friday ta 3:00 a.m. Pacific time Monday), or(b)any�,ailability cau�d by circumstaaces beyoad SFDC's reasonable oontml, Including v�-ithout l�itation, acte af God, aeos of gmemment, �ood, fice, eazthqualcea, civil �res� ects of temor, sWces or athar Iabor problams (ather t�an those involvjng SFDC employees), or Intemet service provider fa+luns or delsys. SFDC will provide the Servioee only in acoordance with applicable lavre aad government reg�ile�ione. 3. Cu�tomer Respondbllitie�. G�tomer shall (i)be responaible for Usets' compliance with this Agreement, (ii)be$olely responsible for the accura�.y, qu�lity, inbcgrity and lcgal'rty of G�stomer Data and of the meaus by wluch it ecquired Guatomer Dasa, (rii} use comwomialIy reeaonable efforts w prevent unauthoriud acceas to or use af the Services, end notify SFDC promptly of any auch unant�arixed access or use,and(it j use the Sorvics9 only in accflrdaace wi�the User 4uide aad applicable Iews and govemmcnt regulatinna. Custamer shall not{a)ma�e the Servicea ava�7able to anyone o�er fhen Uaers, (b)sell,resell, rent or lease thc Service�„ (c) use the 5arvices to atone or transmit inf�inging, l�belous, or otheiwiae unlawful or toztiaus material, or to swre or�anemit materisl in violaiiaa of third-parcy privecy rights, {d) use the Szrvioea to store or�ansmit Malicious Code, {e) interCrre with or disrugt the intcgrity or performance of the Sarviees or third-p�rty data contained therein, or (fl attampt to gain unauthorued aGCCSS to the Services or tLeir r�elated systems or networks. 4. THIRD-PARTY PROVm�RS a. Acquisftion of Third-P�rty Product� zod Serv�ces. ATA}+&C9llISlt10II �CUSWIlIEf D��IIFd-j181'Ly producls or services, including but not timitcd to Third-Parly Applicatiaas and implemcntation, customization and other consulting services pmvide ro Gti�tomtr by Reeeller, and any exchange of data betw-een Cuabamer eac{ aay third-P�Y P�vider, including bat not limited to Reseller, whcther dircctly or indirectty by way of an agplication provided by Resellar or otherwiae, is solely botween C�atomer end tho applicable third-paxty gro�ider. SFDC does nat warrant ar support thud-party products ar services, wheWer or uot they are designated by SFDC as °certified" or otherwise, and wbether ar not tl�cy came from an authorized SFDC Resell�r. h. Third-Farty Applicrt[ons and Custamer Da#a. If Castomer inatalls or eaables 'Third-Perh' Applieatione For�sa wiW Services, including but not limitad to applicationa provided 6o Cvstamer by Resaller, Caswmcr aclmowledgea thet SFDC may allow prnviders of tho9e Third-Party Applications bo acccss CusLomer Data as teyui�ed for tbe inttrapanation of erueh Third Parly Applicakiona with fhe Serviccs. 3FDC ahall nnt be reapaas�le for any disclosurc, modificatian ar dele�ton of C�etoiaer Data resulteng fmm suy euch access by Thi:d-Perty Applicatioa providers or thmugh aruuch provlders' applicalions. c_ Googie Servlcee. Sezvice fsawres that intero�erate with Doagle servioes depend an the continuing a•�ailability of the Google epplioation pro�ing iatcrface ("APP� and pto$tam far usc Witfi ihe 5txviec�. If Google Inc. ceeses to meske the Guogle API or progratn availablt on reasooable terms for the 9eevices, SFDC may cease providing euch 5ervice feeturoa with,out entitling Lbaeomer bo any refund,credit,or other oompensation. 5. SERVICL T'ERMS a User 3ubacrFption�. Ef Customer is in breach of this A,groement SFDC may, �ridiout limltiag its oWar rights and remedies, susp�d Gwstomer's aocess ta !he Servicxa upan notice to G�etomer. 24 14 6. PROP i�TARY RIGHTS a Reeervitloo uf Rfghta. Subject to the limited rights cxpressly gtanted lteneunder, SFDC reserns a�rights, title and intereat in and to the Sen3oea, inclnding all rolated�ntelleotual Pmperty ri�htv No rights arc grantcd to L�tatomen c�reundar oWer than ae expressly set fot�h herei4. b. Rmtrictbns. �stomer shall no! (i} p�xmit any third garty to eocess the Services except as permitted horein or in etL Order Form,(u�j ciesbe derivative works based on the Selwices, (ii�eopY. frama or mirrar eray p,ut or co�nt of�he Se�vices, ntha ti�en capying or fisming on Cuuitomc�'s own iatranets or otheiwise for ib own internal businesa ptnposes, (iv) reverse angineer the Services, or(v} access the Services in order tv (a) build a competitive product or ssrvice, ar (b) copy aoy features, functians or graphics of the Servicea. e. Ownenhfp of Gbebomer D�fa. As between SFDC and Castomer, Gtistomer exclnsively owns al1 righta,title and inteiast in and to all Castomer Daha. d. Sugg�ne. SFDC ehall have a royalty-free, worldwide, eransferable, sQblioenseable, iuevocabYe, perpetual license �o use or inwiporate mbo the Servioes sny auggestions, euLx�ncement requests�, reoommendations or other feedback prnvided by Gbatm�er, iacluding Users, relating ta the operation of the St�icea. e. Federal Gevernmeat Ead U� Prm�slons. SFDC pmvidea the Serrrices, includfng ralafed sofiware and bechnolagy, for ulrimatc federal govenmment end use solely in accordance with the fatlowing: Govcrnment technical data aIId eoflwere rigMs related to the Scrvices include only those rigt►ts cvaw�►erily provided m the pubXic as deSned in this Agreemcnt. This caswmsry wmmercial licenae is pmvidod in accordance with FAR 12.21 i (Techniaal Data) and FAR 12.212 (Soflwarej and, for Depar�ment of Dehnee hansactions, DFAR 252.227-70I5 (3'echnical Data— Commercial Itcros) and DPAR 227.7202-3 (R�ghte in Commercial Computar Soflware or Computer Sofiwate Documeatatian). If a government agency has a need for rights not con�eyed uader theee ter�►s, it muat negotinte with SFDC ta determine if there sre accepteble tenne for transfcrring such rightg, and a mntually aocxptsble written addendum specifically conveying eucL rights must be included in any spplicable oontract or agroement. 7. CUNFIDENTIALITY a. De6elflon of Coofide�tial Informgtlon. As uscd hcnin, "Co��de�tial Infnwmatlon" mcans all confidential inPo�mation disclosed by a Party ("D�closln� Party") to the other party ("ReCeiviug Party„}, whether orally or m writing, that is designated as confidm►tial ar Wat reesonablq sluonld 6e underetood to be confidential pven the nature of the information end tho circumstances of disclosnre. Confidential Infrnmation of G�stomer shall inch�de CusWmer I3ata; ConBde�tial Iofnrmation of SFDC ehall include the Services; and Confidmtial Info�mation of each pa�ty s6a11 inchide ihe terms and condi6ona af this Agneement aud al( Order Farme, as wall as bvsinese aad marketing plana, techaology and technical information, pr�,duct plans and designs� 8� �1t18111C89 proecases disclosed by snch party. Howevor, Confide.ntisl Information (oth�r than Cnstnmcr Data) shall �t mclude any informatian that (i� is or hecamos generally known to the publie without breach of any ohligation owed bn thc Di�cIosing Parry, (ii} was lmawa to the lteceiving Party prior bo i� dieolosure by the Disclo�ng Party withovt breach of any obligation owcd to tbe Dieclosing Party, (ui) is received &nm a Wird party without breach af any obligation owed to the Disalosing Perty,or(iv)was independently developed by d�e Recciving Party. b. Protecrioa of ConffdentLl Informatfion. Except es othsrwise permirned in writing by thc Disclosing Yarty, (i)ths Roceiving Party shail use the asme degree af cue thet it uses to pmtect the confidentiality of ib own confid�tial roformation of l�e kind (bnt in no event lea� fhan rcasonable care) nat to dieclase or use eny Con6denteal Information of the Disclosing Pecty for eny piupose outeide the scope of thie Agrcemen� and(ii}the Reoeiving Pady shall limit aocess to Con�idential Information pf the Diselosing Party to those of its employees, contraotors and sgevts who nead such acecss for purposes cansistent with Wis Agraement and who bsve signed con6dentiality agreemeuts wiW the Receiving Parky oirntaining protections oo less stringent than those her�a. c. Protectton o!Cnetoner D�ta. SFDG sh�ll maintain �ppmpriate edminishative, physical, and t�hnical safeguands for protectton of the security, confidontiality and integrity of G�stomer Data 3FDC ahall not (a) modify Customer Data, {b) �Eiscloae Gwetnmer Dara e�ceept as campelled by lew ia eaoordance with the "Compelled Dieclosure" sectian bclow ar as expncssly permitted in 25 �5 writing by Customer, or{e) accesa Gbstomex Drata exccpt to provide ti�e 3ervioas and pnwent or eddrees service or f,echuical problems, ar at CaswmeYe requeat ia oonnection wiih cnstamer support matters. d. ComgeIIed Dl�eioanre. The Receiving party may disclose Confidentiel Tnforn�ation oP the I?iscloaing Party if iY is compelled by Iaw bo do so, provi�ed We Receiving Party g'sves thc Diaclosing Party priar noticx of eueh eompelled dieclus�e (to the sxtent legaily peimitt�ed} aud resso�ble essistance, at tha Diaclosing Party'a cos� if the Dieclosing Party wiahes bo oontest t�e disclosure. If the Receiving Paciy is eompelled by taw to disclosc the Dieolo�ing Perly's Con�idential Infoimstion as part of a aivil procecding to which the Discloeing Pazty ls a pat'ty, and tha Disclasing Party is not cnntasting the diaclosure, the Disclosmg PerLy vin-11 rcimbiuse the Receiving Party for i� reasonsble cost of compiling aad providing secure accese to �uch ConSdential Tnformation. S. WARRANTIES. �XGZUSIV� REMEDIES AND DISCLAIMERS a. S1rDC Warraotles. S�DC w•atra.nts �at (i) the Services shall �xrform materially in accordance witb the iJs�r Guide, and (ii) subject to the "poogle Servicca" eectian above, tho fonctionality of tfia Services will not be materielly decreascd durmg a subacription tetm. For any broach of either such warranty, Costnmar's eacclasive �medy from 3FDC a6all be to ter�ninaae this Agreement es provided in the"Tc�minutian for Cause"aection below, b. Motui[ Warrantles. Each parly represents and wairants that (i) it has the legal power W enter into this Agreement, and (ii}it wiU not traasmit to the otl�er party sny Malicious Code (exoept fior Malicious Code p�eviausly ttanemitted to the warranting party by the other party). c. Dieclatmer. BXCEPT AS EXPRSSSLY PROVIDED HEREIIJ, NEITHER PARTY MAKES ANY WARRANTIHS OF ANY KIND� WHETHEpt p.XPRESS, I11�LIED, STATUT4RY OR OTHERWISE, AND EACH PARTY SPECIl�'ICALLY DLSCLAIM3 ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIE3 OF MERCHANTA�ILTI'Y OR FITNESS FOR A FARTICULAR PURI'OSB, Tp THE MA]�MUM EX'I'BI�1T PERMITTED BY APPLICABLE LAW. 9. MUTUAL INDEMNIFICATTON a. Indemniffcntlen by SFDC. SFDC ehall defend G�stomer a�ainst any claim. demend, suif, or pnoceeding ("Claim") made or brought against G�stomer by a�ird party slleging tl�at the use of the Servioes aa permitted hereunder infiingcs or mieappropriatea the inbellectual property rigLts af a t6ird party, and shall indemnify Customer f� any damagea finally awerded against, and fnr reasonable attorney's fees inciaxed by, Cuatomtr ip conuection with any Buch Claim; providod tt�at CusWmer (a?F��►P�Y gi�-es SFDG written notir.s Df YLC CIalm. (k►) Sives 5FI)C sole �anirol of the defense and �ettlement of the Gfaim {provided that SFDC may not aettIe or defaad eay Claim imless it uncaaditionally releases Cuebomcr of all liability}, and (c}provides ta SFDC ali reasonsble asaiatsnce. at SPDC'e expense. 6. Iudemnifleatlon 6y Cuatomer. Gtistc�mcr 9halI defend SF77C againet any Claim made ar brought against SFDC by a t�ird party alIeging that thc Custamar Dat4 or Gtistomc�s use of the Sacvices in vivlation of thie Agreement mfringes or miesppropriates tha itrtellectual property rights of a third psrty or violetcs appliaable l�w,and shalI indamnify SfiDC far any demages fivally awacdad ag8inst, snd for raesoneble attorney's f�ees mcur�+ad by, SFDC in oonnection with any svch Cleim; provided tbat SFDC (a)proxaptly gives G�atomer written nodoe of the Claim, (b}gives (:t�tomer sole control of the defease and settlement of the Claim (pmovidc� tbet Gti,stomer may noi settle or defend eny Claim unlesa it uaconditionally relsases SFDC af all liabiIity�, and to) provides to Cnatomu all reesonabie sssistance, at G�bomer's cnst. c. Ezcludve Remedp. Tliis "Mutual Indemnificatioa" soction stetes the indemnifying perty's sole Iiability to, end the indemni�ied garty's exclueive remedy ageinst, the other party for any iype of Claim describod in this section. 10. LIIVIITATION OF LIABILITY a. LloihHon o!Liability. IN NO EVBNT SHALL EITAER PARTX'S LIABILITY' ARISING OIJ'I' OF OR RELATED TO TI�S AG1�p�?NT, WHETHER IN CUNTRAC'I', TORT OR UNDER ANY OTH� TfTEORY �F LIAHILITY, 6XCESD IN THE AGGRE(�ATE TRS TO'FAL AMOUNT PAIA BY CUSTOMEIt TO RFSELLER FOR THE SFDC SBRVICES. OR 26 16 WITH RESPECT TO ANY SINf�LE INCIDENT, THE LESSBR OF $SOO,OQO OR 7�i$ AMOUNT PAID BY CUSTOAiffit Tp RESELLER FOR THE SFT)C SLRVICBS TN THB 12 MONi�I9 gRECBI3ING THE iNCIpENT, b. E:clu�lon of Con�Quentlal ond Itelated Dima�p. IN NO EVEN7' SHALL EI'Ig�EIt pARTY H.AVE AIdY I.IABILITY TO TII}? OTHER. PARTY FOR ANY IAST PROFITS QR �tBVENUES OR FOR ANY IIdpIRL�CT, SPECIAL, INCIDENTAL, CONSEQi7SNTIAL, COVER OR PUNITIVE DAMAGBS HOWBVBR CAUSED, WE�THEit IN CONT'RACT� 7'ORT OR iJNDER ANY pTHER THEQRY OF LIABIC.TI'Y, AND WFIETHL�R OR NdT THS PARTY HAS BEEN ADVISED OF 'I`HE POSSIBILITY' OF SUCH DAMAGBS. THE FDREGOIN(i DISCLAIMP,Fi 3HALL NOT APPLY 'PO THE EXTHNT pltpHIBITBp gy APPLICABLE LAW, 11. 7'ERM AND TERMINATI�N a Term oi Agreemwt Tbis Agreement commencea on tho EffGCtive Date and continues undl atl User eubsaiptioas g�anted in accoc+da�tce with an applicable Rescller On1er have expitrd or bee� terminabsed. b. Term of Uscr Sub�cripfioca. Usar eubeixiptiane commenoe on the �tart dete spr,cified m Reseller's order ta SFDC for cnch eubscriphons and contiaae for the subscreption term specified therein. c. 7'erminatton for Ciuese. A party maq terminste this Agceement for eauae {i) upon 34 days written notiee to tho other perty of a meterial bresch i£ such breech nemaios uncured at thc expiiafion of such periad, or{ii}if the othet}tarty becomes kho subject of a petition ia baokivptcy or any ot�er pmoccding relating to inaolvency� nc�eiverahip. [iquidation or ess�gnment far the benefit of creditore. d. Rctnrn o(Cuftomer D�ta. Upan reqaest by G�tstomer made wiWin 30 daye after the effectiv8 dab� of berminetion, SFDC a ill meke avaiIablo to Cuatomer for dov-nlo�d a file of Gtietomer Data An eomma se�arated value(.esv) foimat along with attachments iu their native formac. After such 30-day period, SFDC sl�l hQVe no obligation to maintam or pro�-idc any G�stomer bata and shall thereafier, ualese logally prohibited, deleae a11 Cuekomer Data in i� sy etcros or othexwise in its possession or wYdGr its control_ a Snrviving Provisions, The seations titicd °P�prietary Righte,,' "Confidentiality,,' "Warra�ies and Disclaimera,^ "Mutual Indcmnificabon,° "Limi�va of Liiability," "Rotura of Customcr Data," "5tutiving Pravisions" and "General Provisioos" shall sunive any termmatian ar expiration of this Agreomcat, 12. GENERAL PROVLSION3 a. E=pnrr Complianee. Each pariy ahall comply with tho export!aa-a and regulations of the United Statos and othdr gpplicahie jurisdictioas m providing aad using the Services. Withont limiting the foregoing. {i)each of SFDC and L�a.gtomer repre�ent� thai it ia not nemod on any U.S. gavernmant liet of persons or endqes prohibibed from receiving exporfs, and (u� Cuecomer eha!] not pesmit Uaers to aoaes or uac Services in violation of eny U.S.oxport embargo, ptohibition or res�iction. b, Re1a#aashlp af tfie PArtlee. The partice are independent conuractors. T'his Agreement does nat create a parmership, franchiae, joint ventare, agoucy, fiduciary or employment relationsLip botwcea the parties. a. No'I'Wrd-�uty Beneflctules. There are na tLiid-party baneficieries to Wis Agreemea� d Nohcee. Except as oWawiee specified in thie Agre�men� all noticee, parmissions and approvals hereunder shall be in wriling and shall be daemed to he�e been given upvn: (i)personal dslivery. (ri}Wo scoond bneiness day af�er mailing, (rii}ihe secand busineas day aftor eeading by confirmed �acaimile, or{iv), exoept for notices of tcnmination or an indemnifiable ctaim ("LegAl Notiees'�, the first busiaesa day after sending hy eme.il. Noaces �o SFDC shen be ad�asad to rhe arcention of ite VP, Worldwide Sales Operatious, with a copy bo its tieneral Counsel. Nl notices to Cuatomer shall be addreased to the irelevant 5crvioe systexn adminis�ator designated by Gwstomer. Legal Notices to G�stomer ehall also be addr�sed to Costomer's sigQatory of phes Agreeme� or �Y Person desigastod beneath the aiguahue area belaw. 27 17 e. Waiver and Cumalatfvc Remedlea. No failure ar delay by either party in exercieing aay rigi�t under this Agreomont shall oonstitute a waiver of that rigM. Ot�er tban as cxpreaely stated herein, t�1C TL'IDefl[Ce P[+OVIdC�hEiCI[1 S1C IIl fldtittibII t0,e�AOY C][CIUSIVC O��8ny D[�e�l�CAlCd1C6 Of 8 E/Aiky flt�aW OI III 04U1t51. E SeverAbWty. If any provision of this Agreement ie held by a court of oompetcnt j�u3sdidian to ba contr�ry to law, thc provision sha11 be modi5ed by t6e court and i�erpc�ted so as best to accamplish the objoctives of the original provtaion to the fuile�t extent permitted by lew, and 1he rema_inin�pmvisions of Wia Agteemeat shall remain in effoct. g. Aoeignmeat Neither party mey asaign any of its rights or obligatione heleander, whether hy operation of law a� othcrwise, wifhout the p�ior writtta oonecnt of t�e otb�er party {not to be unreesonably with�ld). Notwithatanding tbe foregoing, either pariy may assign t�ie Agreement in its entiroty (mcluding sil Oider Forsns), withaut oonseat of the other perty,ta ita AtYiliate or in connection wit�a mergct� acguisition, corpcuste reoigani�ation, or sale af all or e�bsffintiaily atl of its aesets noi involving a d'uect comp�titflr of the othet psrty. A pariy's aoIe remedy for any P��'Pormd assigumeni by the other party m breach of this paragrsph shall be, at the non-saeigning pa�ty's clection,terminatioa of thie Agreement �ron wriq�en notice w the assigaing patty. 5ubject to the foregoing, this A�eenoent shalI bind and inure W the bene6t of the partiee, their respxtive �taocesgore and permitted aesigas. h. Governieig L�w�. This Agreement, sad eny dispates ariaing out of or re�ted bereto. ahall be govcmcd cxclueivcly by the internal lawa of the State of California, without reges+d to ita conflicts of laws rules ar the Uni�ed Nations Convention on the Internetional Sale of Gonds. i. Veaue; Wdver of Jary 7Yis1. The atate and federel oowrs located in San Fraacisco County, Caiifornia shall have exclueive jw�isdiction bo�adjudicaUe any dispute erisipg out of or nelating to thia Agreemenk Each pany hereby conaents to the exclusive jurisdiction of euch cawls. Each paity also hereby weives any right to jury trial in connection wiW aoy action or letigation in any way erising out of or related to this Agreement, j. Eutire Agreemen� Th1s Agieement constitutea the entire a�eement betwean SFDC ead G�etamer and supe�sedes all prior and onntamporaneaas agrcemenfs, propOSals or represmffitions, wriaen or oral, concerning its subject matter between SFDC and G�stomer. No modificaiion, amendmtnt, ar waiver of any pravision of this Ag�ent shall be e�ectivc unIcss m writing Rnd signed by the party against whom tbe modification, amendment or waiver ia to b8 asserted. However. to the eactent of aay conflict or incansistency between the proviaiona in the bad;� of ihis Agreement and any exhibit or addmdum hereEo or any Order Form, the te�na of sach e�clu'bit, addendum or Order Form ehall prevail. Notwithst�ding any language to the con�ery therein, no terme ar conditions stated in a Customcr puschase ordcr or in any orher Cusbnmer order doeumerttadon (excluding Onder Forms) shall be incorporased inta or form sioy paxt of tlsie Agreement, and all such tc�s or conditione shall be aull and�oid. CUSTOMER By: Print N�me: Tftle: qate: Name and/or titUe of person euthorized to reCetve Leg81 Notioes for custamer��` different from abave): 28 T8 Schedule "B" to ClearRisk Claims ServPces Agreement - Pricing of CfearRisk Claims 1. Annual Base Software License:$7,500 peryear�includes 1 administrative user� s delegate user and e-form incider�t reportin� 2. Account Creativn&Setup, Data Impart&Customizaf3an:$5000. 3. Taxes: The prices quoted are r�et of any appiicable taxes. 29 R.� � � ��T` � � �� iC� � � � � � C � � .�. M & C2013 - 10 � .� � January 29,2013 +��. His Worship Mayor Mel Norton and Members of Common Council 73i�C'uy of S�in�j�hn 4'our Worship and Members of Council: SUB3ECT: Contract No.2012-14: Asphalt Resurfacing—Z412 Update PURPOSE The purpose of this report is to update Council an the status of the Asphalt Resurfacing 2012 COIIh'�C�allC�aSSOCl$tOLY C05tS. BACKGROUND Common Council, at its meeting of June 4, 2012, approved the following recommendation as contained in M&C 2012-127: 1. "It is recommended that Contract No. 2012-14: Asphalt Resurfacing - 2012, be awarded to the Iow tenderer, NRB Canstruction Company Limited, at the tendered price of $3,242,128.43 as calculated based upon estimated quantities; 2, that staff be instructed to add additional segments of streets to utiIize the projected surpins;and 3. that the Mayoz and Cornmon Clerk be authorized ta execute the necessary conbrract docurnents". Contract 2012-14: Asphalt Resurfacing — 2012 is a project that involves work that is to be charged to various s�rvice budgets within the 2012 General Fund Operating Budget for Transportadon and Environment Services, Generai Fund Transportation Capital Budget and the 2012 Utility Fund Operating Budget. A financial analysis at the time of the tender award concluded a $443,397.53 variance {suiplus) within the various budgets. This variance was mainly attributed to the lower tha�expected unit price on asphalt concrete. ANALYSIS The work under Contract 2012-14 has been completed. There was a variahon in quantities of asphalt as 5 additional streets were added to the contract based on favaurable contract prices, excavation and reinstatement of severely deteri.orateci base asphalt and the installation of�tra catch basins on some streets was required to correct existing draiu�age issues. 30 Nr&c Zoi3 - ia January 29,2013 Page 2 COST SUMMARY Original Contract Value: $3,242,12$.43 Minus: Contingency Allowance: -$395,SOO.QO Value of Original Estimated Work: $2,845,628.43 Summary af Change Orders & Addetional Quantities : + 589 732.24 Final CoQtract Value: $3,436,360.67 The ftnal construction cost of the project based on change orders and additional quantities is $3,436,36Q.67. The difference between the final contract value and the original tendered price is $194,232.24. The approved service budget for Asphalt Maintenance component within this contract was $2,350,OQtf.00. The final net c�st charged to this cnmponen#of the project including constiuction costs, engineering services and after considering the City's eligible HST rebate was $2,348,464.47 resulting in a positive variance of$1,535.53 in the 2p12 General Fund Operating Budget. The overall 2012 General Fund Operating Budget envelape for Roadway Maintenance Service of $3,100,000.00 has been completely exhausted through various programs. RECOMII�NDATION It is recommended that Common Council receive and file tlus report. Respectfiilly submitted, /� � Rod Mahaney, C.E.T �R.Kevin Rice B. Sc., CET Engineering Technologist Deputy Commissioner Transportation&Envimnmetat Services Transportatian&Environment Services , ��,��tc�;� , '�V ��, Wm. Edwards,P. Eng. J' trick Woods,CGA Conamissioner ' M�aaager Transportation&Environznent Seirv�ices 31 To: City of Saint John Common Council City of Saint John Police Chief Your Worship and Council Why are pedestrian accident statistics confidential in the City of Saint John? Frederictons' are on line. i shouldn't be surprised. For the past number of years, I have been dealing with a municipal bureaucracy where pedestrian safety is a foreign concept. Not one of the numerous departments I've contacted would even acknowledge receipt of my Pedestrian Safety/Transit Reports. In-person inquiries were met with either"Not our responsibility" or"You'll have to go to Council" whereupon Council forwards the request to the person who instructed me to go to council. A vicious cycle. Winter is survival season for anyone on a low or fixed income. Heating costs skyrocket. Food Bank numbers peak. Waiting one and one half hours outside, in a minus 30 windchill, for a bus to go 2 kilometers is considered reasonable by a transit commission, appointed by Council, that dictates policy for a service they consider too inferior to use personally and a management team that does not invoice or document cash charters. The departments of tourism, parks, recreation and leisure prioritize quality islands of upscale activities, oblivious to the fact it is not safe to cross the streets to get there and defer pedestrian liability to the department of traffic and pedestrian safety. This department is under no obligation to even consider traffic calming measures unless a specified number of accidents occur within a certain time frame. Pedestrian accident statistics are confidential. That vicious cycle again. Saint John has enough dark dirty secrets and pedestrian safety should not be one of them. I formally request public access to pedestrian accident statistics. Respectfully submitted Mary Ellen Carpenter safeplaysj@�mail.com Jan 30, 2013 ,�'� ;�' % ? �^ / / /v � 32 April 12, 2011 West Side Pedestrian Safety Report Compiled by: Mary Ellen Carpenter, West Side Transportation Consultant Email: safeplayslC�roqers.com Commissioned by: Saint John West Business Association Faxed to: City of Saint John City Manager Fax 658-2802 Pat Woods Pedestrian &Traffic Safety Fax 658-2825 Tim O'Reilly Transit Commission Fax 658-4704 Frank McCary Leisure Services Fax 658-2902 Bernie Morrison Tourism Fax 632-6118 Ross Jefferson Planning Development Fax 658-2837 Ken Forrest City Solicitor Fax 649-7939 John Nugent SJ Police Traffic Unit Fax 658-2839 Sgt. J.J. LaFrance Lancaster Mall Fax 635-5828 Patty Teed District 8 School Board Fax 658-5399 John Peters Vibrant Communities Fax 634-1308 Wendy MacDermott Copies to: West Side Health &Wellness Centre West Side Pact WSJBA Karl Killen MLA Saint John Harbour Dorothy Shepard MLA Saint John Lancaster Mayor& Council Media Safe pedestrian access on the West Side is non existent. We comprise 30% of the City's population yet it is not safe to walk or use public transit for access to ANY service, essential or otherwise. This report will focus on the most dangerous West Side locations prohibiting safe pedestrian access - Simm's Corner from Douglas Ave to Harding St, Transit Island @ Lancaster Mall, St PaYs Elementary school, corner of Duke St& Lancaster Ave & the Carleton Community Centre. Please note that all transit users are pedestrians. Simm's Corner from Douglas Ave to Harding St Reversing Falls Bridge is the ONLY pedestrian link to the West Side. The existing pedestrian crossing under the bridge offers a spectacular view of the Vortex but has a narrow crumbling concrete walkway with a dirt path on a steep hill to connect to Douglas Ave. Structural upgrade designs should give priority to an unobstructed view of this one-of-a-kind phenomenon. Not a safe pedestrian crossing. No wheelchair access. Sidewalk on south side of bridge terminates at the tourist bureau. A transit stop is located across the parking lot entrance on a grassy hill with more than a 30 degree slope. No signed pedestrian crossing to the corresponding transit stop across street. Not a safe pedestrian crossing. No wheelchair access. Sidewalk from Irving Rd to Simm's Corner is narrow. Pedestrian corridor width is further restricted from Simm's Rd to the bus shelter by a guard rail atop a precipitous drop. Not a safe pedestrian corridor. Unsafe wheelchair access. Despite a signed pedestrian crossing between bus shelters at Simm's Corner, this intersection 33 remains one of the most dangerous in the City. Main St W accommodates over 40,000 vehicles daily so it is reasonable to assume a higher number for Simm's Corner. Not a safe pedestrian crossing. Unsafe wheelchair access. The signed pedestrian crossing from the bus shelter on Main St W. to Tim Horton's is even more dangerous. Inadequate visibility for pedestrians and westbound drivers Not a safe pedestrian crossing. Unsafe wheelchair access. No signed pedestrian crossing @ Harding St, the primary truck route/vehicle access to Rte 1 provincial interchange, Lancaster Mall and our commercial district on Fairville Blvd. Not a safe pedestrian crossing. Unsafe wheelchair access. There is NO safe pedestrian access into and out of the West Side. There is NO safe pedestrian access to the high density residential neighbourhoods of Carleton Heights and Lower West. There is NO safe pedestrian corridor from Lancaster Ave to Main St W. Any substantive pedestrian safety upgrades at Simm's Corner will naturally be tabled until a major roadway redesign proposal has been approved. Pedestrian safety has not been adequately addressed in any of the 4 proposals I have reviewed thus far. Recommendation -A safe pedestrian corridor in and out of the West Side could be established using public transit to provide access from the Tourist Bureau to the rest of the West Side, not just to the Lancaster Mall. An immediate, no cost pedestrian safety improvement would be to move the Falls transit stop, currently on the steep grassy hill, to the front of the Tourist Bureau. Transit Island @ Lancaster Mall The West Side no longer has an all day bus route connecting to Uptown. Unless you live at the Lancaster Mall or you are going there, it is a minimum of two busses to go anywhere. All transit users are forced to disembark @ the Lancaster Mall transit island. Transfers are only valid at this location. No wheelchair access. A transit shelter(not enclosed—roof only) reduces the width of the pedestrian corridor on either side of the shelter posts to 26" &29" respectively with the curb being 6" higher than the roadway. The narrow transit island cannot safely accommodate more than 20 able bodied users. This poses an extreme safety hazard that increases exponentially during peak transit periods in the morning and afternoon when it is not unusual to have 20 busses arriving and departing in less than half an hour or busses waiting in the fire lane fronting the Mall because of no room at the island. It is next to impossible to determine which bus is arriving when inside the transit lounge. This problem is compounded by Mall management refusing to post transit schedules in the lounge area. During peak periods, the only reliable way to determine which bus is coming, is to wait on the overcrowded transit island Accidents are happening. It is time to take remedial action before someone is seriously injured or killed. There is no room for any public transit growth on the West Side. It is currently far too dangerous for the existing users. There is NO safe public transit on the West Side as long as all transit users are forced to disembark @ the Lancaster Mall Transit Island where there is No Wheelchair Access. Other deficiencies of West Side Transit are documented in my May 18, 2010 West Side Transit Report 34 Recommendation - Replacement of the figure 8 route of the Lower West bus with a time-saving circuitous route and the creation of transfer points at Simm's Corner and Harding St. to reduce the congestion at the transit island while providing safe pedestrian access through Simm's Corner and cost virtually nothing to implement. An improved Lower West Route would run circuitously from Tim's Lower West— Harding St via Simm's Corner— Lancaster Mall—Seawood Sch— *"`Maritime Opporfunity Centre- Seawood Sch**- Fundy Heights to Cushing St— Lower West to Tim's. All current Lower West transit stops would continue to be serviced. **peak periods only"* Transit users NOT going to the Lancaster Mall could make connections at Simm's Corner& Harding St., thereby reducing overcrowding at transit Island while dramatically improving the safety and convenience of users. St Pat's Elementary school This mandatory pedestrian nightmare for the young children of Carleton Heights & Lower West, borders three truck routes Duffern Row to City Line to St John St to Market PI Duffern Row to City Line to Bayshore chemical transfer station Lancaster St to Digby Ferry Currently, there are two-way stops at Duffern Row/City Line & Lancaster/St John Sts. Duffern Row has the throughway to St John St @ Lancaster St whereupon Ferry traffic and a little used residential side street are not required to stop. The most dangerous factor in this scenario is the non symmetrical intersection at Duffern Row/City Line/St John St. Duffern Row ends at City Line. Were it to continue, you would find yourself in the middle of the school playground. Non-stop through traffic is required to take about a 45 degree jog right from Duffern to reach St John St. What you have, in effect, is two intersections a street width apart. Not a natural through fare. Inadequate visibility for everyone using this intersection. Recommend all-way stop The school crossing @ St John & Lancaster Sts is the primary pedestrian access to Queen Sq and the Blue Rock high rises where the proposed Harbour Passage/Market PI park upgrade terminates. Lancaster St is a non stop through fare catering to vehicles from the Digby ferry that runs twice a day. Signage directs ferry traffic to execute a 90 degree turn @ St John St to follow the truck route to all points beyond. This is simply illogical. Recommend all-way stop Due to fencing around school & playground, pedestrian access is restricted to a gate at the corner of the playground @ St John & Lancaster Sts and about 10 car lengths fronting the school entrance on City Line toward Tower St. Parking is also available across the street (City Line). There is room for three cars between Duffern Row and Maryanne Ct whereupon City Line narrows considerably. Parking is still permitted on both sides of the street from Maryanne Ct to Tower St but this often prohibits two way traffic on City Line. No school bus loading/unloading zone. St PaYs is currently serviced by a courtesy school bus in the morning and at the 2:OOpm dismissal which has considerably reduced congestion. Recommend additional courtesy school bus at 3:OOpm dismissal. Inconsistent school zone signage 35 Corner of Duke St 8� Lancaster Ave There is no sidewalk on one side of Lancaster Ave from the flashing light @Tilton's Corner to Fundy Dr, save for the 15 feet or so in front of Hillcrest Baptist Church which has a signed mid block pedestrian crossing to the bus stop on the other side of this truck route. Duke St& Lancaster Ave, the juncture of two truck routes, is the primary vehicular/pedestrian access to the high density residential neighbourhoods of Carleton Heights & Lower West. Traffic from Simm's Corner has the non stop throughway along both Lancaster Ave & Duke St as does westbound traffic on Duke which prohibits a safe pedestrian crossing. There is NO visibility The unsigned painted crosswalk at the head of Duke St is situated such that pedestrians crossing from the Lancaster Ave sidewalk have no visibility of oncoming non stop through-traffic from Duke. Nor can drivers see pedestrians. Recommend all-way stop Carleton Community Centre This building, at the bottom of a very nasty hill, is the only municipal liaison location on the West Side that offers more than a skating rink. The basement houses the West Side Food Bank and the only provincial liaison location on the West Side- Horizon Health Network's Health and Wellness Centre. It is separated from the entire population of the West Side by a provincial highway truck route. A manually operated walk light is situated from the main entrance of the Community Centre to the SW corner of Duke & Market PI. From here, it is one block south on a narrow pedestrian corridor to the playground entrance or two streets north to the proposed juncture with Harbour Passage @ King St. It is necessary for many residents living less than 3 blocks from the Community Centre to cross 4 truck routes to get there. The Carleton Peninsula boasts truck routes utilizing 12 different residential streets through the highest density neighbourhoods on the West Side, namely Carleton Heights & Lower West. Recommendations— Signed pedestrian crossing @ King St W & Market PI from SW corner to SE corner Elimination of Carleton Peninsula as truck route shortcut from Main St W to the Port Due to the removal of tolls on the Harbour Bridge, West Side traffic patterns must be re- evaluated with particular attention to the Carleton Peninsula. Other areas of concern -Catherwood 8� Bleury traffic lights—insufficient pedestrian crossing time - Lack of any signed pedestrian crossing from Manchester Ave to the Gault Rd via Manawagonish Rd. In conclusion, West Side pedestrian safety standards are on a par with what I would expect from a repressive dictatorship in a third world country. Mary Ellen Carpenter safeplaysj�roqers.com Encl:West Side Transit Report 36 May 18, 2010 To: All members of the Saint John Transit Commission Re: West Side Transit Report From: Mary Ellen Carpenter—West Side Business Transportation Consultant West Side bus service is a disgrace. Not only is the current West Side transit service detrimental to all West Side business, in part due to punitive and restrictive transfer policies, but Saint John Transit has also dismally failed to provide any semblance of a safe, affordable, convenient transit service to anyone on the West Side. Service from Lower West to Milford, Fairville and Manawagonish has always been poor-to-non- existent and remains so since the route changes last summer. Neither does it appear that the Harbour Bridge service to uptown has improved. The highest density population base on the West Side is the Carleton Peninsula from the Lancaster Mall to the Harbour Bridge, currently being serviced by the Lower West Bus. Before the route changes last year, this neighborhood had the best, albeit scenic route, transit access to all areas of the city. Since the route changes: -Public transit service to the ONLY pedestrian access across the river has been virtually eliminated and now requires 2 busses for ALL residents of the West Side. -Purportedly "improved"West Side transit service to Hospital/UNB and McAllister Mall is negated by the necessity of now taking at least two busses. Potential 20min— 1 hr+ wait every trip -Former direct service to Ellerdale route has been eliminated. It now takes three busses and the better part of two hours to access this part of East Saint John. Unless you live at the Lancaster Mall or you are going to the Lancaster Mall, there is a mandatory minimum of two busses to go anywhere. All transfers must be made at the Lancaster Mall on the next connecting bus or an extra fare of$2.50 is required. This means you are not permitted to pick up a loaf of bread or use the washroom and take the next bus in 20min. The West Side financial/medical/retail/industrial district that runs along Main SUManawagonish and Fairville Blvd, inclusive, can be accessed from Lower West by foot in less than an hour. Recently, I visited three local West Side businesses utilizing public transit. It cost$10.00 and took SIX busses to complete these errands. To walk, for free, takes one hour and 10 minutes round trip. Public Transit should complement pedestrian traffic not hinder it. The narrow outdoor"mandatory transfer" island at the Lancaster Mall is lovely provided there are no more than 12-15 people waiting at any given time. Access around benches is severely restricted. It is definitely not safe for young children, people laden with groceries or the mobility challenged. Weekdays between 3:50 and 4:20, when twenty (20) busses arrive & depart within 30min and practically all West Side transit users are forced to transfer busses via this narrow island, is an accident waiting for a place to happen. Pedestrian safety should have been of paramount concern in all route change decisions It is unwise to wait in the new, beautifully appointed, transit depot at the Lancaster Mall. It is difficult, if not impossible to know which bus has arrived or left as route numbers are often not posted on the side or back of the bus. No transit information of any kind is available. The electronic"transit arrivals" display is not yet operational. Would it be too much to ask to have 37 transit schedules posted or available somewhere inside this terminal? Marked bus stops on the West Side are a joke. Some stops are designated by a sign with a bus on it. No route#'s Some stops are designated by a plastic strip wrapped around a pole or tree. No route#'s Some stops are designated by faded yellow and/or blue paint on telephone poles. No route#'s Some stops are designated by virtue of being across the street from one of the above. Many stops are not marked at all. Lornville bus only goes to Spruce Lake Industrial Park. Does not go to Lornville. Fundy Heights bus goes through the Vale to Sand Cove Rd. Does not go to Fundy Heights. ( Fundy Heights is serviced by the Lower West figure 8 style route whereby Fundy Heights is serviced twice every time a bus leaves the Lancaster Mall until it returns 30min later.) The ONLY actual West side improvement since the implementation of the route changes is that a bus now stops at the Carleton Community Centre on Market PI. It is glaringly obvious that whoever modified the West Side routes: -Does not live on the West Side -Has not walked the West Side -Does not use pubiic transit on the West Side, if anywhere. -Does not understand the basic concept of pedestrian safety. The West Side deserves a public transit route that safely services the West Side and its denizens or as we locals put it"something that makes sense for a change" Lower West is one of the two dedicated busses on the West Side. For the morning and afternoon "rush" hours, a second bus is added to service Lower West. Both busses alternate between the 30min round trip Lower West and the 10min round trip Fundy Heights(which doesn't go to Fundy Heights) routes, both busses changing names and route#'s somewhere between the alternate trips. It is against transit policy to board the Fundy Heights bus if you are going somewhere along the Lower West route and vice versa even though the SAME bus takes you both places. It makes no difference how windy, cold and wet it is outside. The Saint John Transit Commission wants an additional $2.50 from every user who dares board a bus before absolutely necessary. Transfers are only valid at the Lancaster Mall. An extra $2.50 is required from anywhere else. It is also against transit policy for monthly bus pass holders to make a round trip on ANY bus as stated in monthly pass conditions of use rule#6. They can be put out in the elements too. Does Saint John Transit value its customers? Certainly doesn't appear so. The Fundy Heights route(which doesn't go to Fundy Heights) is only offered during weekday "rush" hours to service the three or four people going to/from the Maritime Opportunity Centre on the Sand Cove Rd. The Lower West's convoluted, lopsided figure 8 route ill serves transit users all day until 10:OOpm. It is unusual to see more than 2 or 3 people on any given run for most of the day. Not surprising considering the quality of service or lack thereof. This dedicated West route needs to be changed to the "West Side Bus" and travel to Tim Horton's Lower West King to Duke to Lancaster Ave Reversing Falis aka ONLY pedestrian access across river Main St Fairville Manawagonish Hilcrest Senior Complex 38 Meditrust, doctors, call centre et al Pumpkin Patch Golden Mile aka Fairville Blvd Sobey's Staples et al O'brien to Wilson to Catherwood Strip Mall, Legion, liquor store, drug store et al. Lancaster Mall Bleury Sand Cove - ""rush" hours service to Maritime Opportunity Fundy Heights Convenience Cushing Havelock Seaside Park—resume regular Lower West route to Tim Horton's A round trip would be no more than 40-42min but would take West Siders where they need to go. No current Lower West stop is missed. No other routes need be affected. I know of no one on the West Side, who has access to a vehicle, who chooses to take the bus. A $65.00 adult monthly transit pass is cost efficient only if someone requires transportation to and from work for more than twelve (12) days per month. The benefits of a less expensive Senior monthly pass are negated on the West Side by the incessant bus changes necessary to locally execute regular, essential service tasks such as - Bank, Doctor, Grocery Store etc. and the added danger of a single transfer station at the Lancaster Mall that does not safely accommodate more than 15 people. I consider it outrageous that using the bus to run a few errands across the bridge and stopping for a quart of milk on the way home could easily cost me $20.00 or more, as per transit policy. Public transit should be reasonable, affordable and accessible to every citizen in Saint John. Saint John Transit's unjustifiable gouging of those who can least afford it, must stop. I recommend a $5.00 Day Pass with unlimited use at any bus stop. This would somewhat lessen the pedestrian/transit user hazards now present at the Lancaster Mall. The$5.00 Day Pass is a viable transportation option for all residents and visitors of the City. The marketing possibilities are tremendous: -Go green, take the bus -Explore the City/Your Neighborhood for$5.00/day -Take a trip and never leave the City etc. The simplest and most cost efficient method to accomplish this would be to issue a green transfer, hole punched on the day of use. I may be contacted through the Saint John West Business Association Ph: 506-693-6357 Fax: 506-672-8518 Mary Ellen Carpenter safeplaysj @rogers.com 39 Date: November 25, 2011 To: Mayor and Council Cc: SJ Transit Commission From: Mary Ellen Carpenter Re: Transit cuts—A West Side Perspective Your Worship &Council, SJ Transit proposes to butcher& mulch the WS transit service they massacred two years ago. It is understandable that sedentary bureaucrats tethered to a computer, drawing lines on a map in an eco- friendly office, have no concept of the realities of transit use. THEY don't use the bus nor are they cognizant of topographical pedestrian challenges. The ONLY time SJ is flat, is on a map. The 2009 massacre of WS transit, detailed in the WS Transit& Pedestrian Safety Reports, is highlighted by the loss of LW transit to the only pedestrian access across the river at Reversing Falls and the discontinuation of the over 200 year old tradition of providing all day, uptown transit service to the residents of LW. It is now faster to walk anywhere on the WS than it is to take a bus. The proposed butchery& mulching of LW and Harbour Bridge routes will double the time to &from the Lancaster Mall for LW. The morning/afternoon Harbour Bridge service will be expanded to all day but will take twice as long to get there or back. Lancaster Mall connections to Main St W will decrease from every% hour to every hour. Route will no longer service Beaconsfield Middle School, Martello Tower, Seafarers' Mission or the Carleton Community Centre that houses the WS Food Bank and the Health & Wellness Centre. The wisdom of using Champlain St as a two way transit route that will average four busses an hour is highly questionable to say the least. This narrow, lowest plowing priority street, permits on-street overnight parking and is not capable of accommodating two-way traffic. A delivery of any kind (oil, parcel, furniture etc.) will render the street impassable with no viable detour that does not involve some of THE steepest hills on the WS The Milford/Churchill Heights service remains inadequate. The Fundy Heights bus still won't go to Fundy Heights nor will the Lorneville bus go to Lorneville. More money will not solve the problem of inefficient, inconvenient, convoluted transit routes. Common sense will. The attached WS route maps/schedules best utilize the three busses SJ Transit plans to dedicate to WS core transit routes in December. All passengers would have one bus service to Main St W, Meditrust, Sobey's, Lancaster Mall and across the river. As to the impact study requested by Council, I have no confidence that the concerns of the high priority, inner city neighbourhood of LW will be competently addressed by Vibrant Communities. Their last presence on the WS was hosting an invite only strategy session for SJ's five poorest neighbourhoods at the Carleton Community Centre last spring. They failed to invite ANYONE from the WS to round out the 40 few hundred paid bureaucrats and handful of select volunteers. No one who attended used public transit. I am currently compiling a WS Parks, Recreation and Tourism Report for West Saint John Business Association that will include a comprehensive evaluation of the proposed catastrophic transit changes on our less fortunate neighbours. I will ensure you receive a copy. Amalgamating SJ transit with the Parking Commission is a blatant conflict of interest. People who have vehicles to park DO NOT use the bus. This was made glaringly obvious when SJ Transit generously provided a free, all day, up town shuttle bus to lessen the inconvenience suffered by motorists wishing to park uptown; no one used it. To quote Frank McCarey at the Plan SJ seminar at Harbour View High "All transit users are pedestrians." Designing safe, convenient, cost efficient public transit requires a common sense pedestrian perspective that is sorely lacking in our municipal bureaucracy. I formally request permission to speak at Council on Dec 5, 2011 Thankyou Mary Ellen Carpenter 389 Duke St W Saint John NB E2M 1V4 41 i m 2 �, � U •��? 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A�� '� N � ,/j� • L' C � � � d �- ill V m 'd �^ � O 3 � � � o � o pQaH uaa�9 � � 9 � a � � u� � w o � �- i .'�� ln a � O = . � . �. Z � � c o `u.° p > � � � � � �, � '� Q � � o a � o � � � 3 T � � a �Q � � _ s � ( – � O � �� 7 � � y � s � M ,. ` Z = � 'a� � U � � ,, .. ��C C — u Z o C � � t'''n ..� O Q' � '�'' �- a`� a... � '^ � � •C � � V � O1 U � � ° {= � 3 � c m � 43 _ To his Worship, Mel Norton, and the members of Common Council, Transportation is the lifeblood of any community; goods must get to market, people to work and children to school. Whether you walk, bike, ride, drive a car or an 18 wheeler, we all share the roads. The Pedestrian Safety Standards of this city are a National Disgrace. This is due, in part, to antiquated and convoluted truck routes. On the West Side,from Simm's Corner to the port, 12 of the 14 cross streets are used as truck routes through a high density residential neighbourhood. One transport does the equivalent damage to roadways as 7000 passenger vehicles. Where possible, this traffic should be confined to Provincial highways as the city is reimbursed for maintenance. I seek your support to abolish the unnecessary truck routes of Prince and Duke Streets West. This recommendation is supported by a Pedestrian &Traffic Safety report prepared by City Staff 10 years ago but was never submitted to Council, or so I'm told. With your endorsement and the cost of two strategically placed signs, we drastically reduce damage to our residential streets and begin to improve the deplorable Pedestrian Safety Standards on the West Side. Thank you Mary Ellen Carpenter 674-9881 safeplaysi@�mail.com safeplaysj.wordpress.com 44 �T�� eR�� '`1i' r �j��+� ��{ ry;r'}�+ ��,yy'►"l�,� �`.�` J �7�I !'r',.tT-- �i�J,,i ��l� �_ `�J'' r1.i�y.��.:�1�R.�� ,✓��'��./L V�'�!f.� '•e•- � ;d; �� O�ATVN OPEN SESSION City oP Saint John M& C2013 - Q16 February 4,2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: SUSJECT Demolition of a fire-damaged, vacant, dilapidated and dangerous building at 158-1b0 Winslow 5trcet (PID #362699} BACKGROUND The building at 158-160 Winslow Street is a firc-aamaged, dilapidatcd, vacant and dangerous two-unit house. The building has been in this state since August 26, 2012 when the first of twa fires took place at the building. After the initial firc, the awner-occupied building was vacated. It was not sufficientiy securcd and a mernber of Buildings and Tnspection Services found thc house to be open and easily accessib�e on September 24, 2012. The owner was contacted by city staff and was instructed to keep the building secure. However, a second fire took place on September 29, 2012 causing morc damage to the building, particularly at the back portion of the structure. After the second fire, many of the ground floor windows were boarded over with plywood. Portions of thc right and back exterior wails are fire-damaged, have charred shingles and unprotected openings. There are several large holes in the exterior walls at the second floo;r on the right and back sides of thc building where there were once windows. These unprotected openings are allowing the elements to pcnctrate the building whiclz is accelerating the building's deterioration and wcakening the structure. Overall, many of the building's windows are broken with loose glass in the frame and this is a danger to people passing by as the building is situated within a few metres of the Winslow Street sidewaik. Thc yarc�, which is casily accessible, is a danger to public safety because it is littered with debris and fire-damagea materials. Some of the debris has protruding nails and anyone could slip and trip, causing them harnn. No effort has been made to prevent 45 M&C 2013-016 -2 - February 4,2013 trespassing on the property and the materials in the yard could bc used to fuel another fire. Vacant buildings often attract vandalism, arson and trespassing. The building has heen the subject of two fires, onc of which was known to be intentionally set. The neighbourhood consists of residential. homes and apartmcnts. The subjcct building is clasc in proximity to both its neighbouring buildings and another fire could cause damage to these buildings, or harm to xts occupants and/or to the neaxby residents. As a note, the house on the r.ight side of the subject building suffered exteriar damage during one of the fire inciaents. A Notice to Comply was issued on December 6, 2012 because the building and property had become a danger to the safety of the public, by reason of dilapidation, and by reason of vacancy and unaccupied. The Notice was served to thc owner on December 10, 2012 and was posted at the building on December 7, 2012. The Notice rcquired compliancc within 30 days of service. No appeal was �led. An inspection of the property on January 28, 2013 found that the condition of the building and property is the same. The owner has been in contact with Building and Inspection Services and she has been informcd of the actions cunently underway. Attached for Council's reference are the Notice to Comply that was issued and the affida�it attesting to the scrvice of the Notice on the owner, as well a� an affzdavit attesting to the buiiding's posting and recent photographs of thc building. The Municipalities Act i.ndicates that where a Notice to Cornply has been issued arising from a condition where a building has become a hazard to the safety of the public by reason of dilapidation, unsoundness of structural strength, or being vacant or unoccupied, the municipality may cause the building to be demolished. As required in the Act a report from an engineer is attached, fox�ning part of#he issued Notice to Comply, and providcs the evidence to the building's vacancy and di�apidation and therefore, the resulting hazard to the safety of the public. As is wz�itten in the Act that a municipality must commence in the proceedings of remedial action, approval of Common Coux�cil is required prior to star�ing demolition activities at this property. Cost of the demolition work is a�proximated at $25,000 to $30,000 and will take about 2-4 weeks before it is complete. Staff wi11 seek competitive bidding in accordance with the City's purchasing policy and the cost of the work will be billed to the property owner. If thc bill is Ieft unpaid, it will bc submitted to the Proviz�ce with a requcst for reimbursement. 46 M&C 2013-0I6 3 - February 4,2013 RECOMMENDAT�ON Your City Manager recoxnrnends that Common Council direct one or more of the Officers appointed a�d designated by Council for the enforcemcnt of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, to arrange for the demolition of the building at 158 and 160 Winslow Street (PID #362699}, in accordance with the applicable City purchasing policies. Respectfully submitted, . C��''V�� i� , Pamela Bentley,P.Eng. Technical Services Engineer Growth and Development Scrviccs .__��--�� (��t,��,) ��,� Amy Poffenroth, P.Eng., MBA Acting Commissioner and Building Inspector Gz-owtk� and Development Services ��,1 a 'ck Woods, CGA Managcr 47 I'O_"211't 1 FO! _�LE 1 NOT:��TO CO �!LY AVi�;)E CON�'O�.M�� (Munu:ipalities Aet,RS.N.3. 1973, (Lor sur les muriicipAlitc�s,L.�,N.-B, de 1973, c.1V:-22,s.194.U'(3}) ch.1V„-22, par. 190.01(3}) '_'arcel Identife:: 362699 Ne�mero d'ident:fication de la pa:celle : 3G2699 Address: 158 and 160 1��inslow Str�et, $aint John, New Adresse ; 1 Sg et 160, rue Winslow, Saint John, Brunswick Nouveau-Brunswick Owner(s)o;Occupier(s): �'roprietaire(sj ou occupant(s) : Name; McCrraw, Lena Marie Nom : :�icGraw�, I.ena Marie Address: I58 Winslow 5treet, 5aint John, Vew Adresse : l 58, rue Winslow, Saint John,Nouveau- Brunswick, E2yI �Wfi Brunswick, E2M l W6 MLnicipality issuing notice: The City of Saint John Mecnicipalite signii_iant 1'avis : The Ciky of Saint John By-law contravenee: Snini John Unsightly Premises Arrete enfreint:,qrr�te relaiiJaux lrcux inesthetiques c�nd DangE,•ous Bi�ilclirrgs a;ad St�tletures B3�-Lrxtiti�, By- et aux bat�ments et canslruetiars da;�gareux de 5aint law Number M-3Q and amendments ther�to (the "By- John, �xret� numero M-30, ainsi que ses iaw"). modificatians ci-a��erentes{1' u Anet�»). Provision(s) contravened: Paragraphs 190.0](I}(a, h, Disposition(s) e�freinte(s) ; Les paragraphes d1, 190.01(1.1) and 194.01(2) of the MunieipaditiE,��Act, 190.01(1)(a, h, c�, 19U,O1(1,I) et 190.01(2) de la Lor and atx�ez�d�nents thereto. sur les macnicipalries, ainsi que les modiFications aff�rentes, Description of condition(s); The premise is unsightly 7escri�tion de la (des) condition(s} : Les lieux sont by perrrEitting junk, zubbish, Gonstruction materials ancE a inesthetiques en perrnettant la pr�sence de ferraille, de dilapidated building to remain on the premise. 'I'he d�triras, une accumulation de residus de constnsetion building has '�ccome a hazard lo the safety of the public et un l�atiment delabr�, S.,e bat�ment est devenu by ruason of being vacant or unoecupied, and, has dangercux pour la seeunte� du publzc du fait e�e son bccome a hazard to the safety af the public by reason of inhabi[ation ou de son inoccupation et, c:st davenu dilapidation and unsoundness of�tructur�l strength. The dangereux pour la securite du pnblic du fait de son co�ditions of the building and premise are described in delabremcni et d� son mar�que de so[idite, Les Schedule``A", a true copy of the inspection r�port dated condit.ions de b�timent et des [i�ux sont decrites a �ovember 28, 2012 and November 29, 2012 prepar�d 1'annexe u A», une copie canforme du rapport by Pamela Be.�ntley, P. Eng., $y-law Enforcement d'inspection cn date du 2$ novem6re 2012 et 29 4fficer and revi.ewed by Amy Poffenroth, P. Fng,, novembre 201� prepare par Pamela Bentley, ing,, ,.uze Buildin�Inspector. agcnte cl�argee de 1'execution des arretes municipaux ek r�vise par Amy Poffenroth, ing., In;,pectrice des batiments. Remety or remedies required: 7"he c�wner is tQ N?esure(s) a �reudre : La propri�taire doit restaurer remedy the conditions by complying �vith the required �ES conditions en se canfor�nant aux reeommandations remedial actions of the aforementioned inspection repart du rapport d';nspection susmentionne et d'amener les and brind the buildings and premises into compliailce batii�ne„its et les lieux en conformit�s avec i'Arretv. with the aforesaid By-law, Dans l'c;ventualit� que la proprictaire ne remedi�pas In the event that th�, owner does not remedy the 1es ha�iments et les lieu�c dans Ie temps prescrit par le condition of the buildings and premises in the time present avis dc:conforr:�it�, les batiments pourront etre prescribed by th�s Notice ta Comply, the buildings znay demoli comme tnesure correctivu compte tenu qu'il be demolished as the corxective action to address tt�e represente un danger pour Ea securite du public et les hazard to the safety of�he public anQ th,, prem�ses may lieux pourront ctre n�ttoyes. be cleaned up. Dans 1'cventualite de demolition, tous ies dcbns e[ autres itentis sur les lieux seront dsspose.� comme In thc event of demolition, all debris and items on the m�sure corrcctive dans le but de :emedi�:r le danger pren�ises will be disposed of as e�e correcti��e action to ppur 1a sccurit�du public, address the h�ard to the safety of the public. Les mesures cora-ectives susmentionn�es relativ�men[ � la demoIition des �atiments et la disposition des The aforementioned remedial actions relating #o tl�:e debr�s et auU�es itcros sur lES lieux ne compzennent pas 48 and items on the premises do not include the carry-out au des biens personnels ou taute autre raesure cIean-up, site rehabilitatzon, restoration of land, corrective dans le but de contrSIer ou de r�duire, premises or persanal property or other remedial action d'eliminer le deversement, de modifier le mode de in order to control or reduce, eliminate the release, aiter deversement ou le d�versem.;nt d'un polluant dans ou the mannez of release or the release of any contaminant sur I'environnement ou t�ute partie de into or upozz the ezzvironment or any part of the 1'environnement, environznent. Date by vvhich the remedy o�•remet?:es must occur: � �ate � laqselle la ou les mesures doir•ent etre prisesl : a} The demolition of the buildings, clean-up of the a} La d�moIition des batiments et le nettoyage property and related rernedies must be comple#e, des lieux doivent 2tre completees, ou a or ptans and permit applications for repair laquelle les plans et demande de pern�is pour related remedies, must be submi#ted; wifhin 30 les mesures des reparations, doivent etre days of being served with the Notice to Comp1y. souini�es, dans lt;s 30 jours q¢i suivent la signification de 1'avis de conformit�. b) The repair related remedies must be complete b) Les rtparations reliees aux mesures doivent within 120 days of being sez-vecl with the I�7otice etre cornpletees dans les 120 jours qui to Comply, suivent la signification de 1'a�vis de conformitb. 7ate a�- wlicl� notice may be appealed: Wirhin 14 Date a lare�elle un ag�eZ de C'avis peut etre depos�: days of bein�served with the Notice to Comply. Dans les 14 jo�rs qua stzivent la notification de 1'avis de conf'ormit�. Process to appeal: The owner may within 14 days a$er Proeessus d'appel ; I.,a proprietaire peut dans Ies 14 having been setved with tlus Notice to Comp�y, sec�d a jours qui suivent la notification de 1'avis de Notice of Appeal by regzstered mail to the Comman conformite, envoye un avis d'appel par courrier Clerk of The City of Saint John, City Hall-- 8'�Floor, 1 S recommand� 'a la greffi�re comrr�unale de la Market 5quare, Saint John,New Brunswick,E2L 4L1. municipalit�; a �'he City of Saint Sohn, Edi�ice de 1'hotel de ville, 8e �tage, 15 Market Square, Saint John,Nouvea�z-Brunswiek, E2L 4L1. Paten�:at penalty for no�-comi�liance withi.n F�nalit� possiale pour non-confor�ite dans le d�lai speei�ed .ime:z Subsection 190,d3(I) of the prescritz ; Le paragraphe 190.03(1) de la Lvi sur les Municipaltties Act states that a person wha fails to rnunicripalites pr�voit quicnnque omet de se confo.*mer comply with the terrris oF the Notice to Comply given aux Exigences formu��es dans un avis dc canfornute under seciian 190,OI1 of the said Act, cammits an notifie aux termes de 1'article 190,011 de iadite loi, offence that is puni5hable under Part II of the Provincial commet une infractzon qui est punissab3e cn vertu de Offences Procedus-e.4ct as a category F offence. la Partie II de la .Loi sur la procedure applicable aux infrcactions provincirxles a titre d'infraction de la classe F. Where an offence under subsection t94.03(1} c�ntinues Lorsqu'une infraction prevue au paragraphe 190.03(1) for more than one day, ihe zninimum fine that may be se poursuit pendant plus d'une journ�e, 1'amende irrzposed is the minimum �ine sEt by the Provincial minimale qui peut etr4 impos�e est i'amendc O,ffenees Procedu�e Ac�t for a categary F offen,ce mznimale prevue par la Loi sur la procedure multiplied by the number ot' days during wiuch the applrcable aux in.fractions provinciades pour une offence continues pursuant to paragraph infraction de la classe F multipliee par le nom�re de 190.Q3(I.2)(h}(i). jours pendant lesquels 1'infraction se pouxsuit conformement a 1'alin�a 190.03(1.2)(bJ(i}, 1V_unicipaiity's autbority to undertake repairs or nouvoir dc la municipa[it� cc'eztrep�-end�e les re�edy:3 Paragraphs 190.Q4(1)(a), 190.04(1}(u,l) and reparat:ans ou de prendre 1es mesures5 : 190.04(1)(b) of t}ie Municipalitfes Act states that if a Canf'ormement aux alin�as 190.04{1)(a), Notic� to Comply has been g-iven under section 190.011 190.04(1}(cz,!) et 190.04(I}(b) de la Loi sur le,s of the said Act and ti�at an owner or occupier does not rnunictpalites, si un avis de confarmit� a �t� signifie comply with the Notice to Cnmply, as deerned aux tertnes de i'article 19Q,U11 de Iadite loi et, que le confirrned or as confirmed or zx�odified by a co�rimittee propri�taire ou 1'occ�ipant ne �e confonne pas � cet of council or a judge under sectian 190.025 of the said avis de confarmite dans le delai imparti et tel qu'il est Act, within the tirzie set out in the Notice to Compiy, the repute confizzn� ou tel qu'il est confirm� au modi�ie mwucipality may, causc the premises of that owner oz par un coxnit� du conseil ou par un juge en vertu de occupier to be eleaned up or repaired, or cause the i'article 190,021 de ladite loi, la municipalit� peut bui�ding of that owner or occupier ta he repaired or faire nettoyer ou reparer les lieux de ce propnetaire ou demoiiskzcd, and the cost of carrying out such work, de cet occupant o�a de faire r�parer ou dernolir la 49 including any related eharge pr fee, is chargeal�fe to the propri�;� de ce proprietaire ou de cet occupant, et les owner or occup:er and becomes a debt due to the frais relatifs 'a 1'ex�cution de ces tra�vawc, y corzrpris municipality, toute redevance au tout droit aff€�e;�t, sont a Ia charge du propri�taire ou de 1'occupar,t et devie.zanent une cr�ance de la municipaiit�. Dated at Saint John the�day of December, 2012. !�ait a 5aint Tohn le�d�cembre,2012. Mvnicipality: The City of Saint John '1�Iunicipafite : The City o;Saint John Signature of Municipal Off`icer: Signature de la repr�sentante municipalc: ' 1 ��t ��. - -.--...--..�..�., - � - ,,., .,.�..._- . Municep�I Officer's Contact information: Caordonn�es de la represe�tante municipale : Name:PameIa Bentley Nom ; Pamela Bentley Mailin,�address: Acfresse pQStale; Buildings and Inspectioz�Services Department Departement aux serv:ces d'inspectian et des batiments The City of Saint John The CiEy of Saint.Iohn I5 Market Squaxe 15 Market Square City Hall Sui]ding, I Q`�Floor Edifice de 1'hotel de viile, l0e etage P. Q. �3ox 1971 Case postale 1971 Saint John,New Brunswick Saint John (Nouveau-Brunswick) E2L 4L] E2L 4I,I Telephone: (506} 658-291 i Teiephone: (506) 658-2911 Telec�pier: (506)fi32-6199 Tefecopieur : (Sa6) 632-6199 Email; parnela.ben�ley@saintjo r ��',;%'� �,�}--�„ Couzriel: pam;.la.bentl�:y@saintjohn.ca ��:� C�• � . Seal of municipaIity � ��_� SaeaU de la municzpalit� �� ,ti�-, �y�1 f ��r, '_Yotes: Notes� l. AII appropriate permi�s must be obtained arzd all relevant l, Tous les permis pres�rits doivent etrc obienus et toute la �egis3ation muss be complisd with in the cpurse of carrying out the l�gislation perrinente do;t£tre respect�e, pendant 1'excStution de la rec�ired remedial acii on. mesure de rccoor;, 2. Fayment of the fine does not atleviate the obligatio❑ to comply 2. Le paiement de 1'amende n'annule pas l'obligation de re:pecter with the by-]aw,standard or notice to comply. ]'arrete,]a norme ou 1'avis de conformit8. 3. Costs becomc a debt due to the municipality and may be added to 3.Les couts deviennent une dette envers la municipal',t�et peuvent the joint municipal and pravincial Real Property Assessm;;nt and Tax Etre ajout�s�I'avis d'pvaluation et d'imp&t foncier municipal et �lotic�, provincial. 50 I �'�41„4� �`.?,'�r� f� �� i.. ��►'i'�'jf��i _��LJi\i �r—,a...'..1'w',1"__'.,.i c� �'�w}�r��J fJS`'�jK7 Scheduse "A" ��`'��• 158-160 W:nslow Street Sain�John, New i3ru�swicic �°"�'�' �i �'''�.: �� PP�#362b99 �:54�,�.� r;.,,��... -.,.... .�.,...,...�..- _-�-�-..-�A , ��- �ns�ecti�n L�te: �ctaber 17, 20�;7, �ns�ector: Pa�relr ��3et#;Qy, P. Eng. `� ti{y � '1` � � � _. . , ...{,>,.;�.r :t::ti r.,.��l,��t,��i r An inspection of the property noted that the building on the premise is fire-damaged, diIapidated, vacanf and unoceupied, The woad-frame�ouse (the "house") is two stories at the front but three stories at the back, The house was tbe subject of two fires, wit1� �h� first on August 26, 2Q22 an,d the second on Septexnber 29, 2012. The premise has a large amount of debris at the front, nght side and rear lawns, 'I'hese materiais are nat anly unsightly, but also dangerous as sorne of the debris has protruding nails and sharp corraers. The building is a hazard to the safety of the public because it is dila�idated and vacant and unoccupied. 'I�e premise is unsightly and alsa dangerous because of the nature of the debris. -, • y 1r�ily�w1 VI.��I�J1�, The building and premise are nat in compliance with the Sairat.Iohn Unsightly Premises and Dangerous Buildzngs By-law, By-law �`umber M_30, and aan,endments thereto (the "By-law"), � Y=±ouse and pre�ise co��i+�ans p�'ag�aph 19�.J1(1) of theMuraicipalitz'esAct stat�s: No person shali permit premises �wned, or dccupied hy him or hez to be unsightly by permitting tp remain on any�art af such premises (a) �Y ��s,junk, rubbish ox refuse; (b) an accumulation of woad shavings, paper, sawdust or other residue of production or construction; or {d) a dilapidated building, 1. The house is dilapida�e�, an,d unsig}�t�y. rt has suffered considerable fire-darr�age and the windows at the ground-level are boarded over. The siding at the right side of the building is fire-daxnaged, warped and distortetl and falling away from the building, At the back of the house, a significant portion af the siding has been cansumed by the $re and the underZying shingles are extensively fire-damaged and charred. The �c�visadows at the back are �nissing aud there ara large openings in�a the structure's interior. At the righ.t side of the building, there is a larga opening into the house at the secand fIoor level. This is due to the missing window and large floor-to-ceiling hale in the exteriar wall, whicl� appears to be caused by the fire. 2. T'�ere is debris and garbage on the premise ir�cluding fire-darnaged materials, boards with protruding 17,ai15� chaixs, exteriar wooden stairs that have been removed, broken siding, carpets and other garhage items, 'I'laese have been left on the front, side and rear lawns and are easiIy vzewab�e fram Winslow Strest and the neig}lbouring properkies. 1 51 Vac�a? a��d TJnoccunie3 Paragraph 19�.01(1.I) of the Municipalities Act states: Na person shalI perrait a building or structure owned or occupied by him or her ta become a hazard to the safety of the public by reason of being vacant or unoccupied, The building is a hazard to the safety of the public by reasan of being vacant or unoccupied for the following reasons: 1• The house became vacant fbllowing t.h,e first �ire. After this, it was the subject of vandalism and later, a�-son. It was stated by the owners and insurance company, that the house had been vandalized and the copper stolen. During an inspection ot'the property following the first fize, ihe hause was found to be open. The owners arid insurance company were instructed to make the building secure, however, a second fire did occur. At present, the sec,ond and third storey windows at the r�ght side and back of the building aze missing and the building is open to the elements, At least one of the fires at the premise was deliberately set and the house has not been kept in a sufficiently secure state ao as to prevent unwanted entry. 2. There is a higher risk of another fire event occurring at the premise due ta ft being known to the pubtic that tlze hause is vacant, and because the building has been subject of two fires. The impact of another fire event is amglzfied because o€combustible matexiats that are presen.t on the prerziise which may act as fuel. As already mentioned, there has beer� one docuriaented case of axson at the property. 3. The building is lacated in a high-dettsity population area af the city with many residenti.al single and multi-family homes nearby, A f�re at the building is a risk to the safety of the neighboui-zrig occupants and to the surrounding properties. It is known that c�uring t}ie first fire, one of tne residential houses near the subject property suffered damage. The property's close proximity to the nearby houses and it location in a densely popalated area arnp�if�s r.he hazard. 4. 'I'ilere is a concem for firefighter sa.fety in the event of a fire. Since the building has been known to the public as vacant and has been open for casual entxy, it would be reasonable for firefigYzters to enter it in the event of a fire to c}�eck for people inside. The condition and structural integrity of the building is not kxaovTn and entering the build.ing could be hazaxdous to the safety of emergency responders. L�ilgpid�.ted arc�5�re�ctara''_y U�so�d Paragraph 14�.�'i(2) of the Municipalities Act states No person shali pern�it a building flr structure owned or occupied by him or her to become a hazard to the safaty of the public by reasvza of dilapidation or unsoundness of structural strength, The building is a hazard #o the safety of the public by reason of structural unsot�ndness and dilapidation for the following reason.s: iu{o�se 1. At the }�ack of the house, the exterioz wall of the secand floor shed is not proper�y s�pport�, '�`�e beam that supports a portion of the joists does not extend the full length of the exterior shed wall and the remaining portion of the shed is unsupported, The exposed joists and sheathirzg are rotted and the 2 52 exterior wall lacks proper direct bearing to grade. This portzon of t�e building is noi stnzcturally sound. 2. The building suff'ered �'ire-damage and is now open to the elements. Tkae structural in.tegrity of the house is unknown and portions of the struchue may be damaged, ir� particular at the back sectian af the building. The building is now open ta tha eiements and this is causing accelerated deterioration of the building and its components. Over time, this will cause weakening of the structure. 3. Th�e is a large amount o£ debnis in the front, side and rear yards and the rnaterials are fire-damaged, have pratruding nails an�. ather sharp corners and thes�materia�s cauld cause injury to anyone wha may be in the vicinity of tl�e debris. Many Qf �he wi.ndows of the house are broken an.d there is broken glass lying on the graund and hanging in the window frames, This is hazardous to anyone nearby and the sharp glass could cause injury to the publxc, The fire-damaged materiais and debris pose trippi,tzg and slipping hazards and/ar someone could puncture thernselves on a sharp objeet. Some of this material is in the front yazd of the premise and the building has little clea�ance to the sidewalk, No attempts to secure the yard have been made. Therefare, anyone walking by could approach the debris or other such hazard and$e unaware o�the hi,dden danger. 4. 'I1�e stainless steel chiznney at the right side of the building is extensively damaged and contorted and may fall. This coutd cause injury to anyone who may be nearby. �eqr�i��ed►;e:�edial Actions 'The owner must corrFply with one af the two options stated beiaw; �p�on Y.' Remedy the conditions of tk�e buildi�g througfi all repair and remedial actions as follows: 1. The building must be cflmpletely repaired so it may become occupied while maintaining minimum standards as described by the Saint John Minimurn Proper-ty StandaYds By-law and the Code, 2. Tk�e bui�ding must be maintained, kept secure, and �ozutored on a routine basis while the property remains vacant ar unoccugied. 3. A detailed plan must be submitted to the Buildings and Inspeetion SOTVIC�S DePartment of the City of Saint John (the "Departm�nt'�) �'or review and approval, This plan should also inciude a complete engineering report regarding the structural soundness of the building and any necessary repairs. The pla,� shauld also include a schedule foz the wor�C that is to be cazried out, '1'he repaired build.ing must meet the National Building Code of Canada (,�003J as we1S as other applicable codes. 4, The detailed plan, in,cluding schedules and any engit�eering reports, must be approved by the Department prior ta commen.cing repair work. 5. A building penmit xnust he abtaiz�ed for any and all app�icab3e work prior to �ammencing said work from the City of Saa,nt John in order to comply with the Saint John Building By-law, By-law Number C.P. 101 and ame�;dments thereta (tlze "Saint Tohn Building By-law"), The building perm�t is to include the demolition of the gara�e on site. 6. The premise must be cleared af all debris found an the property, including any a11 rubbish that may be considered hazardous or unsightly. 'I'he debris from the �rexnise must be disposed of at an approved salid waste disposal site, it� 3 53 accordance with all applicab�e by-laws, acts and regulations, Docurnented proof, that clearly deznonstrates an approved solid waste disposal site was used far the disposa] of debris, must be provided to the Department. The premise must comply with al�applicable by-laws, acts; cades and xegulations. Option 2: Demalition of the building and cleanup of all debris on the premise by caxnpiying with all the remedial actions as follows: 1, The building must be demalisk�ed to remave �.he hazard tfl the safety of the public by reason of dilapidation and by reason of being vacant or unoccupied. 2. A demolition percnit must be obtained fror,n the City Qf Saint John in ozder to comply wi�h the Saint Jahn Building By-law. 3, The prernise must be cleared af the debris from the demolition and the lot must be made reasonably level with gzade so as to nat create a trippxng or failing hazard, All debris znust be disposed of at an approved solid waste disposal site, and in accordance witb, all applieable by-laws, acts and regulations. Dacumented praof, that clearly demonstrates an appraved solid waste dispasal site was used for the disposal of debris, must be provided to the Degartment. 4. All debris that is currently on the premise must be cleared and dis�osed of at an approt�ed solid waste disposal site, and in accordanGe with all applicable by-1aws, acts and regulations. Documented proof, that clearly demonstrates an approved sol�d waste tli.sposal site was used for the disposal of dabris, must be pravided to the Department. S, The property must be in compliance with all apglicable by-laws, acts and regula�ions. � 54 Prepared by: � n � L �-"! Z�J��,,. Pamela Bentley, P. Eng. Date Technical Sezvices Engineer Growth and Development Services Reviewed by: � �^ `Z� ��Z.. Amy Poffenzo ng. Date' Buiiding Inspector G�'owth and Development Services S 55 CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN GITY QF SAINT 30HN .� AFFTDAVIT OF SERVIC� . � � � •;�• I � ` , . �} ' � ° � ' ' of the City of Saint 7ohn in the � '>�i / i � t. . �'�,•_ - .• County of Saint 3ohn and Pro�nc�of New Brunsvvick MAKE OATH AND SAY AS FOLLOWS: ry�,./ "4 frY�� ` 1. On the 6 �' day of � '/. ;.^TM� :`- ;?.._°:.�" , 2012, I sen�ed � � � �� ,�T�' �=- .��r 'r.,�,r. _ with tl��follo�ving documents: • a Notice to Comply,attached hereto as Exhibit"A" and • a Notice of Appeal, attached hereto as Exhibit"B"; �--- i by Ieaving a copy witI�him��ier�at /� ;;_�//C r .�rc'�, �°,. �' �-7 �) '7 � �� ._. • .� <"'��'`'1� - ,•�ir ,i �; .•�:�� ,New Brunswick. ,� ---� �-�-�---•--- 2. I was able ta identify the pezson ser�ed by mear�s of the fac#that he/(she`• acknowledged to me he/�she was � '- �✓:<f .��:� � �. '�'�,� , . -----�r-=- ' Sworn To before me at the City of Saint John, N,B,, on the `��:day of - .;�..:�_ , 2012 ' � �� — f � . / � A � �,.i . �� . � .✓ �+" f �. . �5 �✓ �1�_l�`_ `� :"�l., 1'f Z.4� `� � """'=- . . �� -,�--_._•.-�,-...�.--- ��=' �-..,. PAMELA�vi H BEN1"LEY COMMISSI�NER OF OA'FMS MY GDMMISSION EXPIRES qECEMB�R 31�;,�013 56 � , �"his is kxhibit ti. � . ,: �11�`i�'l.,�' Referr�u to in t1��A�f�id�vit of M��o�SSlaN��oF�'Tt,EY �� "�� ''y�� M�►ssio oar�,s Sworn bs ore mQ at th�e CEty a� ��C�MB�R 37s��'r��s Sain#Juhn, New�3runswick ,2013 # �� day of�,.�..s,:.�-�-'��-�,�-.�t;!G. i-::� . '-{-.'' 7 ti.r.: FORM 1 �� ComrrEissioner of Oat�os Fpg�Y7-�E 1 NOT�CE TO COIVNPLY AVIS DE CO'��'Q! �ITE (Municipalities Act,R,5.N.3. 1973, (Lai sur les municipalites,L.R.N.-B, de 1973, c.ti?-22, s.I9�A1(3)) ch.!VI-22, �ar. '_•90.01(3)) Parcel Identifier: 36Z699 Numera d'identifxcation de la parcelle : 362599 Atldress: 158 and 160 Winslow Street, Saint John, New Adresse : 158 et ]60, rue Winslow, Saint 3ohn, $�5`�'�� Nouveau-Brunswick Owner(s) or Qcca�ier{s}: ?roprietaire(s)ou occupant(s) : Name: MeCrraw,Lena Maxie Nom ; McGraw, Lena Marie Address: 158 Winslow Street, Saint John,New Adresse : 158, rue Winslow, Saint John, Nouveau- Bz-unswick, E2M 1 W5 Brunswick, E?M 1 W6 1lrunitipaliiy issuing not�ce: The City of Saint lohn 1Vunicipalite signifiant 1'avis : The City of Saint John By-law contravened: Saint Johx Unsightly Premises Arret�enfreint : �lrrete relatif aux lier.r.x inesthetiques anc� Dungerous Buildings and Structures By-Law, By- et auac 6atirnents et constructions dcangereux de Saint law Number M-30 and amendments thereto (the "By- John, Arrei� numero M-30, ainsi que ses law"). modifieations ci-afferentes(I' a Arret�»}. Pror��ision(s) contravened: Paragraphs 140.01{])(a, b, �ispositiou(s) enfreiate(s) , Les paragraphes d}, 190,0]{1.1) and 190,01(2) o£the Munieipalities �Ict, 190.01(1){a, h, d}, 140.Q1(S.1) et 190,01(2} de 1a Loi and amendments thereto, sur les munrcipalites, ainsi c�ue 1es modificatipns afferentes. Description of ¢ondit�on(s): The premise is unsight�y 7escription de la (des) condifion(s} : Les lieux sont by permittin�;juz�k, rubbish, canstruction rr►aterials azid a inesthetiques en permettant la presence de ferraiIle, de diiapidated building �to remain on the preznise. The di;tritus, une accufnulation de residus de construction building has become a hazazd ta the safety of the public et un batirnent delabr6. Le batiment est devenu by reason of being �acant or unoccupied, and, has dangereu7c gour la securit� du pubtic du fait de san become a lia.zat�d to the safety of the public 6y reason of inhabitatian ou de son inoccupation et, est devenu dilapidation and unsot�ndness of structural strength. The dangereux pour la s�curite du public du fait de son conditions of the blulding and premise are described in d�labrem�nt et d� son manque de solidite, T es ScheduIe "A", a true copy of the inspection report dated conditions de batiment et des lieux sont d�crites � November 2$, 2012 and November 29, 2�12 prepared 1'annexe «A », une copie conforme du rapport by Pamela Bentley, P. Eng., By-Iaw Enforcement d'inspection en date du 28 �zoverrzbre 2012 et 29 Officer and reviewed by Amy Poffenroth, 1'. �ng., novernbr� 2012 pr�par� par Pamela Bentley, ing,, une Building Inspector. agente eharg�e de 1'execution des arretes municipau: �t r�vise �ar Arny Poffenroth, ing., Inspectrice des batiments. Remedy or remedies required: The owner is to N�esure(s) a prendre : La praprietairc dait restauxer remedy the conditions by compiying with the required les conditions en se con£ormant aux recammandations remedial actions of the aforementioned inspection report du rapport d'inspection susmentionn� et d'amener les and bring the buildings and premises in,to compliance batiments et les Iieux en confornutes avec 1'Asret�, with the aforesaid By-law. Dans 1'eventualite que la prapri�taira ne rem�die pas In the event that the own�.z does not remedy the les batiments et les lieux dans le temps prescrit par le condition of the buildings and premises in tEjc time pr�sent avis de confornutc, [es batiments pourront etre prescribed bv this Nntice m Cmm�lv thP.h��;i�i,na� mav rlr�mnli nnmma .,,A�,,.a ....,...o,.f:.... ..........�.. ..,.... .,,.�:� 57 and items on the premiscs ao not include the carry-out ou des biens personnels ou toute autre mesure clean-up, site rehabiIitation, restoration nf land, corr�ctive dans le but de controler ou de r�duire, pxeznises or personal property qr other remedial action d'�lim.iner 2e d�versement, de modi��r le mode de in arder to control or:educe, eliminate the release, alter d�versement ou le deversement d'un polluant dans ou the manzier flf release or the relcase of any contaminant sur I'environnement ou toute partie de into or upon the environanent or any part af the 1'envirannement. environment. ��te`�y which ttxe reu�edy or remedies must occur. � Date a laguepe 14 ou les mesnres do��ent e:re prises� ; w) The demolition of the buildings, clean-up of the a) La deir�aiitian des batiments et le nettoyage praperty and related remedies must be complete, des lieux dorvent etre complet�es, ou a or plans and permit apptications for repair iaquelle les plans et demande de permis pour related remedies, must be submitted; withira 30 Ies m�sures des r�parations, doivent etre days of being served with the Notice to Com.ply. souanises, dans les 30 jours qui suivent 1a signification de 1'avis de canformit�, b) The repair related remedies must he complete b} Les r�parations reiiees aux n�esures doivent within 120 days af being served with the Notica etre compl�t�es dans les 120 jaurs qui to Camply. suivent la signification d� 1'avis de cont�ornnt�. Date by whic� notice may be appea'_ed; Within 14 �ate �laquelle un anpel ce 1'avis peut etre depos�: days of being set-�ed with the I`Qtice to Comply. nans Ies 14 jours qui suivent ia notification de 1'avis de coz�fortnite. �rocess��o �ppeal: The owner may within I4 days af�er Processus d'appel : La propri�taire peut dans les 14 having been served with this Notice to Gomply, send a jours qui suivent la notification de 1'avis de Notice of Appeal by registered mail to the Common canformit�, envoye un avis d'agpel par courrier Clerk ot'The City of Saint John,City Ha]I --8�'Floor, 15 recommande a la greffiere communale de fa Market Square, Saint John,New Brt�nswick, E2L 4L1, municipalite, � The City of 5aint John, Edifice de I'hotel de ville, 8e �tag�, IS Market Square, Saint John,I�ouveau-Brunswick, E2L 4L1, ?ote�tial penalty for non-compliaace �w�ithin Penalite passib[e paur non-conformit�dzns te delai specified ti�e;z Subsection 190.03{1) of the prescrita : Le paragraphe 190.03(1) de la Loi sur les Municipalities Act states that a person who fai�s to rnunicipalites prevoit quiconque omet de se conformer coznp�y with the terms af the Notice ta CompIy given aux exigences formul�es dans Gn avis de confornzite under section 190.011 of the said Act, c;ornmits an notifie aux ternzes de 1'articIe 190,011 de Iadita 1oi, affence that �s punishable under I'art II of the Provincial commet une infraction quz est punissable en vertu de Offence.s Procedure Act as a category F offence. la Partie II de la Loi sur la procedure appltcable aux infractions provinciales a titre d'infraction de la classe F. Where an offence unc�er subsection 190.03(1} continues Lorsqu'une infracf.ion pre�ue au paragraphe 190.03(1) far more t]�an one day, the zzunimu� ftne tl•xat may be se poursuit pendant plus d'une jourrfee, 1'amende imposed is the minimum �ne set by the Provtncial minimale qui peut �tre imposee est 1'amende Offences Prncedure Act for a category F offence minimaIe pr�vue par ]a Loi sur la procedure multiplied by the nuznber of days during which the cp�li�able aux infractions provinciales pow une offence continues pursuant to paragraph infraction de la classe F multipliee par 1$ nombre de 190.03(1,2)(b)(i), jaurs pendant lesquels i'infraction se poursuit conform�ment�.3'alznea 190.03(1.2}(b)(i), N�uni�ipaiity's aut�ority �o uadertake rep�irs or Pouvoir de la mua_cipali�e d'e�trepre�d:e les rem�r�v•z Para�„�a..h� r nn nn�,��.., ,�n ��.,,. ., . 58 including any xe�ated charge or fee, is chargeable to the propriete de ce proprietaire ou de cet occupant, et les owner or oecupier and becoznes a debt due to the frais relatifs a 1'ex�cution d� ces travaux, y compris municipality. toute redevazice ou tout droit aff�rent, snnt a la charge du praprietaire ou de 1'occugant et deviennent une cr�ance de la municipalit�. 7ateci al Saint John the �G?day of Decem�aer,2012. Fait a Saint John le�decembre, 2012, Municipality:The City of 5aint 7ohn Vlunicipalite �The City of Saint John Signature of Municzpal Officer: Signature de la zepr�sentante municipale; � � � Ii�;�,�/� 'f . F��.,; rr � – �._._....�t—� . ___.,...�.._ ......,-..�_._---- -_�----- .�...___..�, i1'I�:nici;�al 0ffcex's�out.:ct inforinahon: Coordonn�es de la re�r�sentante munic�pale : Name, Pamela Bentiey Nom � Pamela Bentley Maili.ng address: Adresse postale: Buildings and Inspection Services Department Departement aux sErvices d'inspection et des batimercts 1�e City of Saint Johra 'The Czty of Saint John 15 Market 5quare 1 S Market Square City Hall Building, 10�'�loar Edifice de 1'hotel de viI]e, l0e�tage P. O. Box 1971 Case postale 197I Saint John.,New Brunswick Saint Jahn(Nouveau-Brunsv��ick) E2L 4L1 E2L 4L1 Telephone; (S06}558-.2911 Tel�phone : (506) 658-2911 Telecopier; (S06) 632-6199 Tel�capieur : (506) 632-6199 � �''� Courriei: paznela,bentiey a saintjohn.ca Email: pamela.hentley@saintjo �;�-..;��; �<a" �. r�t�� „e:t j� ��4 ��' Seal of municipality � =�:-� Sceau de la municipalite i,,r;�. . �,. _ ��]W� ow��`�,s�j� �.--_.,.-.. Notes: Notes: l. All appropriate permiYc must bc obtained and all rele.+ant l. Tous les permis prescrits doi��ent @tre obtenus et toute ]a legislation must be eumptied with in the course of carrying out the ]bgislation pertinente dvit€tre respectee, pendant I'execution de la reauired rezncdial action, mesure de recours. 2. Payment of the �ne does not al3eviate the obligatio� to cpmply 2. Le paiement de 1'amende n'annule gas I'obligation de respccter with the by-]aw,standard or notice to comply. 1'arr�tc�,la rzorme ou 1'avis de aonformit�. 3. Costs become a debt due to thc rnunicipaliry and may be added to 3.I�es couts deviennenc une det�c envers]a municipalite et peuvent the joint municipal end pzavincial Real Froperty Assessment end Tax �tre ajautes a ['a��is d'evaluation et d'impbt foncicr munic'spal et Notice. provincial, 59 .��'c:�.��^��'�t�;r.?th�� 1'S.?rC'�"I�N ItE?GR;, c�� •��.�x�ut�� .��e��}�;��'�',.� 5cheduie "A" C��'��. 158-I60 Wiaslow Street S�lll`;.�oh�n,New Sru�sw�C'� •F.•pJ�I:3� !l� ��IiA:.✓E%j -� PI7# 3bZ699 t�?;� t T , ��'�'; .��.��,...�.�,,,.,_, �' Inspect:o� �+ate: �ctobe�{ 17 2012 �� Inspector: P��e_��'en�ley, P. Eng. . • ._..�._ +� ^ , j �..� °��+-�a'. _ � •J'A, .�r.:l'- �.ls�Y.'�J f1 l?�L�,��►}�. An inapectzon of the property noted that the building on the premise is fire-damaged, dilapidated, vacant and unoccupied. The wood-frame house (the "house") is two staries at the frant but three stories at the back, The house was the subject of two fires, with the first on August 25, 2Q12 and the second on September 29, 2012. �'he premise has a large arr�ount of debris at tt�e front, right side and rear lawns, These materials axe not only unsightly, but alsa dangerous as some of the debris has pzotruding naiIs and sharp comers. The building is a hazard to the safety of th� public because it is dilapidated and vaeant and unaccupied, The preznise is unsightly and also dangerous because of the nature of the debris. . 1 1��1�:�?:.�.I�i. The building and premise are not in complia.nce v�xth the Saint John Urrsightly Premises and�angerous Buildings By-law, By-Iaw Number 1V�-3p, and amendxnents thereto (the "By-law"). '-±ouse ��d pre:nisa co�aitions Paragraph 19�.0�(1} of the Municipalities Act states: No persan sha.J.] permit pr�mises owned or occupied by him, or her to be unsightly by permitting to remain on any part o�'such preznises (a) anY ashes,junk, rubbis� or refuse; (b) an accumulation of wood shavings, paper, sawdust or othez residue af pzoduction or construction; or (d) a dilapidated building. 1. The house is dilapidated aud unsightly. It has suf�ered considerable fire.damage and the windows at the ground_level are boarded ayer, 'F`he siding at the right side of th� bui�ding is fire-damag�d, warped and distorted and falling away from the builc3.�.ing. At the back of the house, a significant portion of the siding has been consuxned by the fire and the und�rly3,ng shingles are extensively fire-damage,ci and charred. The windows at the bacic are misszng and there are large openings into the structure's interior, At the right side of the building, there is a large oP��g into the house at the second floor Fevel. This is due to the missing win.dow and large floor-to-ceiling hole in the extenior wa11, which appears to �e caused�y the fire. 2. There is debris and garbage on the prerruse inrl�,r�fri�, �,��_,�.,,r.,,...a ..._. . . 60 `i'acani ar��".]nccck�iec� Pazagraph 19�.0'(I.I) of the Municipalities Act states: No person shall peimit a buiiding or structure gwned or occupied by him or her to becorne a hazard to the safety of the public by rea.son of being vacanY.ar unoccupied, The building is a hazard to the safety of the public by reason of beir�g vacant or unoccupied for the following reasons: 1. The honse became vacar�t following the fust�ire. After r�his, it was the subject of vandalism and ]ater, arson, It wa� stated by fhe owners and insurance company, thaC the house had been vandalized and the copper stolen. During an inspectian of the property following the first fire,#he house was found to be open, The owners and insurance company were instnicted to make the btiiitding secure, however, a second fire did occw. At present, the second and thizd sforey windows at the nght side and baek of the building are missing and the building is open to the elements. At least one vf the fires at the premise was deliberately set a�d the house has not be.en kept in a sufficiently secure state so as to prevent unwanted entry. 2. There is a higher risk of ano#her fire event occurring at the premise due to it bei�ag lmown to the public that #he house is vacant, and because the building has been sub}ect af two fires, The unpact of another fire event is am�Iified because of connbustible znaterials that axe present on the premise whic�Z may act as fueI. As already mentioned, there has been one documented casa of arson at the property. 3• The building is located in a high-density population area of the city with many residentaal single and multi-family homes nearby. A fire at tl�e building is a nsk to the safety of the neighbauring nccupants and to the surraunding pro�erties. It is known that dur�ng the first fue, nne of the res�dential hvuses near the subject property suffezed damage, The praperty's clase proximity to the nearby houses arid it location in a denseiy populated area amplifies the hazard. 4• There is a concern for firefighter safety in the event of a fire. Since the building has been known to the public as vacan� and has been open for casual entry, ii would he reasonable for firefighters to enter it in the event of a fire to check for people inside. The condition and structural integrity of the l�wilding is not known and entering the buiiding cQUld be hazardous to the safety of emergency respanders. �il�p:,d�tec� aa�d Structuraily U�►sound P�'��'aP� �g��::(2}af the Municipalities Act states No person shalI permit a building ar strueture owned or occupied by (�n or her to became a �.azard to the safety of the public by reasan of dilapidation or unsoundness of structural strength. The buiIding is a hazard to the safety of the public by reason of siructura] unsQUadness and c3ilapidation for the following reasons: 61 �xterior wa11 Iacks proper direct bearing to Brade, 'I'his portion of the building is not structurally sound. 2. The building suffered fire-damage and is now open ta the elements, The structura.l integrity af the house is unknowr� and portions of the stxucture may be daxn.a�ed, in particu3ar at the back section of the building. 'The building is now open to the elements and tlzis is causing accelerate� deterioration of the building az}d its components. Over time, this will cause weal�ening of the structure. 3• Tl�ere is a large amoun� of debris in the front, side and rear yards and the materials are fire-daznaged, have protruding nails and other sharp comers and these materi.als could cause injury to anyona who may be in the vicinity of the debris. Many of the windows of the ho�zse are broken and there is brokez� glass lying oz� the ground and hanging in the window frames, '�'his is hazardaus to anyone nearby and the sharp glass couid cause injury to the public. The fire-damaged ma�erials and debris pose tripping and slipping hazards and/or someone could puncture themselves on a sharp object, Same of this material is in the front yard of the prernise and the buiiding has littIe clearance to the sidewalk. Na attempts to secure the yazd have been rnade. Therefore, anyone walking by could approach the clebr�s or other such hazard and be unaware of the hidden danger. 4. The st$inless steeI chiznney at the rig}�t side af the buildi.ug is extensively damaged and contorted az�.d may fall. This could cause izzjury to anyane who may be nearby. Rec�Li��ed:I��!�ecL�I Act�o�is The owner must camply with one of the two options stated betow; �ption I: Remedy the conditions of the building thraugh all repair and reznedia] actions as follows: 1. The building must be eompletely regaired so it rnay become occupied while maintaining minimum standards as described by the Saint John M'inimum Property 5fandards By-law and the Code. 2. The building rnust be maintained, kept secuxe, and monitored on a routine basis whiie the property remains vacant or unoccupied. 3. A detailed plan must be submitted to the Buildings aud Inspection Services Department of the City of Saint Jahn (the "I�epartment"} for review and approva�. 'This plan should also irzclude a complete engir�eering report regarding the structural soundness of the building and any necessary repairs. The p1a� should alsa include a schedule for the work that is to be carried out. The repaired building must meet the National Building Coa`e of Canada (2005) as weli as other applicable codes. 4. The detailed plan, incIuding schedules and any engineering reports, must be approved by the Depariment prior to commencing repair work, 5. A building permit must be obtaineci fnr an�, a,,,� �� ,.�..�..._,_,_ . 62 accardance with all applicable by-Iaws, acts and regulations. Documenfied pxoof, that clearly dezz�onstrates an approved sal�d waste dzsposal site was used for the disposal of debris, must be provided to the Departmer�t. The gremise must comgly with all applicable by-1aws, acts, codes and regulations. �ption 2: Deznolitia�x of the building and cleanup of a�l debris an the premise by �oznplying with all the remedial actions as follows; 1. The building must be demolished to rexno�e the hazard to the safety af the public by reason of dilapidation and by reasan a�'being vacant or unaccupied, 2. A demolition �ermit znust be obtained from the City of Saint John in order to comply with the Saint.Iohn Building By-law. 3. The preznise must be cleared of the debris from the demolition and#,he Iot must be made reasonably lev�l with grade so as to not create a tripping or falling hazard, AIl debris must be dispased of at an approved solid waste dispasal site, and 'zn accordar�ce with all applicable by-laws, acts and regulations. Documented proof, that cleazly demonstrates an appzoved solid waste disposal site was used for the disposal of debzis, must be provided to the Department. 4. All debris that is currentiy on the preznise must be cleared and d'zsposed of at an approved solid waste disposal site, and in accordance wit� al1 applicable by-laws, acts and regulatzons. Documer�ted proof, that clearly demonstrates an appraved solid `waste dispasat site was used for the disposal of debzis, znust be pra`rided to the Department. S. The praperty must be in compliance with a11 applicable by-laws, acts and regulations. 63 Prepared by: � �, " �� ,� z� ��y Pazneta Bentley, P. Eng. Date Technical Services Engineer Growth and Development Services Reviewed by: �� Amy Poffenro � , `� �`�'- ' `'"� �J �'��,. � Date Building Inspector Growth and Development Services 64 NOT�!CE CF A��'�'EAL AVIS �'APPEL F�� X ?�CR�'VIULE 1 (Municipalities�ct, R.S.N.B, i973, (Loi sur les municipalites, L.�i.N.-�. de 1973, c. M-22, s.190.021(1)} ch. M-22, par. 190.021(1}) File No.: N°du dossier : ��;. This is �xhibit BETWEEN : ENTRE ; ��rreq t� in the Affldavit of . !r IS�, '1 .� i{� ; Sworn be re me at the City of , SainiJahn, f�ewBrunswick ;,. { � • ; ` ,:-'.� � �'1.: �.~e•_ � ' � ' ' `�.�,C,, �'t 's, r'i�`;, , :i d-�{ r i _ Cammissianer of Oathg ✓ �-'f��ws_�". �� s � i�� `< i �.. � AppeIlant(s}, cc,��r�nisssc.� �~ �� ;;� ti�Y c��rnti�ss��,��- - and- - et - ��r�^�r�� , .�T, :,�� . THE CITY OF SAINT JOHN, THE CITY OP SAINT JOHN, Respondent. Tntimee. Pazcel Identif�er : PID # Numero d'iden�ficxtian de la parcelIe : #NID Parcei Address: ��w Adresse de la parcelie ; Owner(s} ar Occupier(s); Proprietaire(s) ou oc,cupant(s) : Nam�: No�n : Address: Adxesse : Teleph.one: T�lephone: Name: Norn ; 65 - 2 The above named appellant(s} is (are) nat satisfied L'appelant(s) susz�amme(s) n'accepte(nt) pas Ies with the terms and conditions set out in the notice madalites au les conditiflns qui y sant enonces dans that has been given under section 1�0.011 of the 1'avis qui a�te notifie aux tennes de 1'article 190.011 de Municipalities Act and appeals to the Saint John la Loi sur les rnunicipaliles et fait appel au Camite Substandard Properties Appeal Comniit#ee. d'appel des p�oprietes znferieures aux noYrnes de Saint John. The appella�it's grounds for this appeal are as fo�lows Les motifs d'appel de �'appelant(s} dans le present appel (set out the graunds clearly buP briefly); sont les suivants (enoncer les motifs de fa�on claire et cancise) ; Dated at the day of Fait a �� , 2012. 2012. Signature of owner or accupier Signature du propr�etaire ou 1'occupant The appellaxzt(s) intends to praceed in the English � L'appelant{s) a (Qnt) I'intention d'utiliser Ia langue or French � language (Please check the apprvpriate frat�raise ., otz anglaise ❑ {Yeuillez cocher la case box}, appropriee}. Flease fat-ward your Notice of Appeal by registerea� Yeuillez faire parvenir votre Avis d'appel par courrier mail ta the clerk of The City of Saint John within recommande au secretaire de The Ciry of Saint John fourteen (I4} days after having been given the notice dans les quatorze (I4)jours qui suivent la notification at the following address; de 1'avis a l'adresse suivante : Common Clerk's OfFice Bureau du greffier commu�al t S Market Square, City HaII Building, 8`h Floor l 5 Market Square, Edifice de 1'hotel de ville, 8e etage �. O. Box 1971 Case postale 1971 Sa�nt John,New Brunswicic Saint John(?Vouveau-Brunswick) E2L aLl E2L 4L1 Telephone: SOb-b58-2862 Telephone: S(lh-f5R_�R�S� 66 -3 - 2. On an appeal, the Saint John Substandard 2. Lors d'un appel, le Camite d'appel des proprietes Prope,•tzes Appeal Committee shall hold a hearing inferieures az,cx normes de Saint Joh� dvit tenir, sur le into the m.atter at which the owner(s} ar occupier(s) point sn litige, une audience au couzs de Iaquelle 1e(s) bringing the appeal has (havej a right to be heazd and prop�etaire(s) ou 1'occupant(s} qui interjette(nt) appei a rnay be represented by counsel. (flnt} le dxoit d'etre e�.tendu(s) et peut{vent} se faire representer par un avocat. 3. On an appeal, the Saint John Substandard 3, �,ors d'un appel, le Camite d'appel des pj•oprietes Properh'es Appeal Committee may confirm, znodify inferieures aux normes de Saint ,Iohn peut confirmer, or rescind the notice ar axtend the tirne for complying modifier ou an.nuler 1'avis ou proroger ie delai pour s'y with the notice, confarmer. 4. The Saint John Substandard Properties Appeal 4. Le Comite d'appel des pr�oprietes inferieures aux Cornmittee shall pzovide a cvpy of its decision to the nor»zes de Saint John dait fournir une copic de sa owner(s) ar occupier(s) of the pr�inises, building or decisian au(x) proprietaire(s) au a 1'occupant(s) des structure who brought the appeal within .f'ourteen ]ieux, du batiznent au de la coz�struc�ian qui lui a(ont) (14) days after making its decision. interjete appel dans les quatorze (,l4) jours suivant la date a laquelle il a rendu sa decisian, 5. The oumer(s} ar occupier(s) provided with a copy 5. Le(s) proprietaire(s) ou I'occupan.t{s) a qui une copie of a decision from t�.e Saint John Substandard d'une �ecision a et� fournie par le Comite d'appel des Properties Appeal Corrzrriittee rnay appeal the proprietes inferieures aux normes de Saint ,Todcn decision to a judge of Th�Court of Queen's Bench of peut(��cn.t}, dans les quator�e (I4) jours qui suivent, New Bnuiswick within fourteen (I4) days after tl�e inter�eter appel de la decision devant un juge de ta Cour copy of the decision was pro�ided to the owner{s) or du Banc de Ia Reine du NoUVeau-Bnuzswick au motif occupier(s} on the grounds that {a) the procedure que (a) la dernarche a suivre en vertu de la Loi sur les required to be followed by the Municipalities Act was nzunici�alites n'a pas et� suivie, ou (6) la d�cision est not followed, or (b) the decision is patently nnanifesteraent deraisonnable. unreasonabf e. 67 CANADA PRQVINCE O�' NEW BRIIN�WICK CaliNTY �F SAiNT 70HN CITY OF S��INT JOHN IN THE 1VIATTER OF THE BUILDING THAT IS LOCATED AT 158-160 WINSLOW STREET, SAI.�T 10HN,N.B. (PID#3b2699) SOLE�' DECI.AR1aTION OF SERVIC� I, Darryl Ber�abe, of the Town af Quzspamsis,in the County of Kings and Province of New Brunswick solemnly declare: 1. On the 7�' day of Decembcr, 20I 2, at approximstely 2:16 p.zn,, I pnsted a copy of the attached �otice to Comply, marked Exhibit"A" and a copy of the attachc:d Notice of Appeal, markeci �xhibit "B" ta thc front docx af the buiIding that is located at 15&-lb�Winslaw Street, Sa.int 1oh.n, New Brunswick. Solem�►ly declared before me at the City of Saint John, N,B,, on the 17`h day of December, 2012 ', f�.,.�' I�' � f �� .�`��,� ;.,� �- 1�I � ,.�:,.;F�r , ' :�.._ . � �__. ',r `.. _.J...� �_" ��-.- - - , / �'AM�Lf';ivi �� i�i;��'i:.tY connn�f�s�o«�;t o�-o�rMs tVIY CO�':Mia,�'.I�N EXpEi��S i�EC�M�r::R 315T,�01w 68 �is is �xhibit '`1�� '` �a,r��,$c te i tha Ai;��l�,vii af :=,'�;��'4::L�'.;y� f � �t��S"E'�:c� _l�:,�! t��I � �' <. ��<.��;�,�.�� CCIMi�IIS:i��JER�:�OATWS � � � `�"�'. / � .t,. �JlY CQM�vt15�10t� E;;FI�,�� .. s,1�.;�;�� r,�� c::+�re r�,, ai the Cit� o ��c;��:3��T.?oy� r,�,;i,i�?��i SF�if�#,1uhr�, N�vri3r��ns�:ricl; �h" �_f.. �l�kV !�f„y�+ y,'.. :�,Y;� �17/ �2.. t:��` 'C,.f�e. �� r �.,��:� �"l {.�,.-1.M GommissEa�+�r af pzihs `� �;CRN 1 i_' FO:�:VI:J'��.E 1 ��TI�E T� CO:VI?�aY �VT_S�E CD'vFaZN�;T� (Municipalities Act, R.S.V.�. :973, (Loi sur^ies municipalites, X,.R.N.-B. de 1973, c.]Vx-22,s.190.01{3)) ch. i'1-22,par. 190.01(3)) Parcel?dentifter: 3b2699 Nur�era d'ide�tifica�ion de ta �arceI[e : 362699 Ac:dress: 158 and 160 Winslow Street, Saint John,NEw :�dresse ; ]58 et 160, rue Wins�ew, Saint John, Brunswicfc Nouveau-Bruns��✓ick �wuer(s) or�ccupier(s): ?'roprietaire(s}au occupan�(s) : Name: NlcGraw, Lena Marie Nom : McGra�v, I.,ena Marie AddT ess: 158 Winslow Street, Saint Jol�u1, New r�dresse ; 158, rue W'�nslow, Saint John,Nouveau- Brunswick, E2M 1 W6 Srunswick, E2M 3 W6 :�;iunicipality isse�ing notice: The City of Saint Johxa 1V`�nicipaEite sig�aifiaut 1'av:s : The City of�Saint Jolzn �3y-Iaw eontravenea: Saint John llnsightly Premi.res Arreie enfreint : ,4rf�ete relatif aux lier:x inesthetigues �nrl Dangeroi�s Buil�lings and 5'tru�tures By-La��, $y- et aux batiment,s at cnn.struclions danger•eux de Saint law Number M-30 and amendments thereto (the "Ay- John, t�rret� num�ro M-30, ainsi oue ses „ a`n' • modifications ci-aff;;i•entes(l' «�-rete»). Provisio�a{s) contravened: Paragxaphs 9 90.01(1}{u, h, �isposition(s) enfreinte(s} , I,es paragraphes c1}, 190.01(l.l) and 19Q.O1{2) of tha Munreipctlifies t1ct, 190.01(1)(a, b, d}, 190.01(�.1) et 190.OI(2} de la Loi and amendments tbereto, srsr !es muniecpalites, ainsi que les mncfificatians aff'erentes. Cescription of condition(s}; The premise is unsightly Description e�e la (des) condition(s) : Les iieux sont by permitting junk, rubbish, cansfruction matenals and a in�sthetic+�ucs en per�nettant la presence d� ferraillc., de difapidated �uifding to remain on the premise. The detritus, un�, accumulation de r�sidus de cos�struction building has beco�ne a huard to the safety of the public et un batimen� d�labrc;. l.e batiment �st devenu hy reason af bving vacant or unoccupied, and, has dar�gereux pour la securite du public du fait de son become a hazard to the safety of tl:e public by rcason of inhab�tation ou de son inoccupation et, est devenu dilapidation and unsoundncss of structural strength, 'Fne dangereux pour la secunte du pu�lic du fait de son condstsons oi'the building and premise are described in delabrement eE de san tnanque de solidite. I.es Schedule"A", a true copy of the inspeccion repor� dated cond;t;ons de batiment et des lieux sont decrites a November 28, 2412 and Navember 29, 2012 pregared E'annexe a A», une cogie co�forme du rappart by Pamela Bentley, P. Eng., By-law Lnfarcement d'inspection an dale du 28 novcmbre 2012 et 29 Officer and reviewed by A�ny Poffenroth, F. �ng., novembre 2012 pr�pare par Pamela Bcnt,ey, ing,, une Buiiding Inspeetor, agenie charg%;; de 1'executian des arretes municipaux et rcvise par llmy Poffei�-oth, ing„ lnspectrice des batimcnts. '•_�emedy or remedies required: The o�vner is ta Mesure(s} � prendre : I,a propri�tairc doit restaurer rezredy the conditions by comp�ying with the requized les conditions en se conformant aux recommandatzons remedial actians of tlie aforementzoned inspcction report du rapporf d'inspcction susmentionne et d'amen�r les and bring the buildings and pr,;mises into corrtpliance batiments et les Ii�ux en conformites avec I'Arr�tC. with the afor�;said By-luw, Dar.s 1'�ventualife c�ue la proprietaire ne remed'a:, pas In the e�ent that the owncr daes not remedy the les b�timents et les lieux dans Ie temps �rescrit par la condition of the buildings and premiscs in the time pres;,nt avis de cflnforn�ite, l�s batim�nts pourront etre prescnbed bv this Noticc tn (�mm�lv ihF httil�linoc mav rl�mnl; �n.,,,.,a ...,o..,�.... .........,.�:..., .,,.„.._._ �_ . . • � 69 and items on �he preirzises do not include the carry-out ou des biens personnels ou toute autre mesure clean-up, site rehabilitatian, restarati�n of tand, corrective dans le but de controier ou de reduire, premises or personal properEy or other remedzal action d'�limi�er le deversernent, de modifier !e mode de in order ta control or rec�uce, eliminate the release, alter deversement ou le deversement d'un polluant dans ou the manner of release nr the releas� of any contarninant sur 1'environnement ou toute partie de into or upan tf�e env�ronment nr any part c�f the 1'environnement, enviranment. �afe �y whi.ch the re[nedy or remedies :�aust occur: i Date a laqttei�e la ou les mesures doivent etre prises� : a} The demolitzon of the buildings, clean-up af the a} La demolition des hatiments et le nettoyage property and related remedi.;s must be completc, des lieux doivent etre compl�t�es, ou � or plans and pern�.it applications for repair laquelle les plans et demande de permis pour related remedies, must be submiited: w�ithin 30 ies mesures ctes repzrations, doivent etre days of being served witn the Notice to Comp3y. soumises, dans ]es 30 jours qui suivent Ia si�ni�cation de 1'avis de con�or�zite. b) Tlze repair related remedies rziust be cozxipleke b) Les reparations reli�es aux mesures doivent within 120 days of being served with the Notice etre completees dans les 120 j ours qui to Comply. suivent la significatian de 1'avis de conformit�. Date by w�ich z�otice may be appealed: Within 14 �ate �laquelle ut�a�get t�e �'avas peut etre de�ose: days of being served with the Notice to Comply. Dans les 14 jo�.rs qui suivent 1G notification de 1'avis de canfornut�. Process to appeal: The owner may within 14 days afte.r '_°rocessus d'appai : La propnetaire p�ut dans les 14 having been served with this Notice to Comply, sencf a jours qui suivent la notification de 1'avis de Notice of Appeal by registered mail to the Common conformit�, envoye un avis d'appel par courrier Clerk af The City of Saint Jahn, City Hall— $`h F1oor, 15 recommande � la greffi�'re communale de la Market Square, Saint John,New $runswick, E2L 4I,1, municipalit�, a The City of Saint 3ohn, Edifice de 1'hfitel de ville, 8e �tage, 15 Market Square, Saint John,Nouveau-Bz-unswick,E2L 4L], !'otential penalty ;or non-eo:npliance within ?enalite possible pour non-conformit� dans le d�.ai specified tme:z Subseetion 190.03{1) of the prescritz : Le paragraphe 190.03{1) de la Loi sur les MunicipalitiES Act states that a person who fails to municipalites pr�voit quiconque omet de se conformer comply with the terms of the Notice to Comply gzven aux exigences forinulees dans un av:s de conformite under section 140.011 of the said Act, commits an notifie aux termes de 1'article 190.011 de Iadite 1oi, offence that is punishable under Part II of the Provincr.'al commei une infraction qui est punissable en vertu de Offences Procedure Act as a category�offenee. la Partie FI de la Loi sur la procedure applicahle aux infractinns provinciales �titre d'infraction de la c'.asse F. Where an offence undet subsection 190.03(1} continues Lorsqu'une ixzfraction prevue au paragraphe 19�.03(i} for more than one day, the minimum fin� that may be se poursuit penciant plus d'utte jouznee, 1'amende imposed is the minzrnum fine set by the Frovincial miniinale qui peut etre imposee est I'amende Offences Procedure �Icd for a category F offence miniznale pr�vue par la .Loi sur la procedure muItiplied by the number of days during which the ap�licable aux infractions provincrales paw une offence continues puxsua.nt to paragraph infraction de Ia classe F multipliee par te nombre de 190.03(1.2}(b)(i). jours pendant lesquels 1'infraction se poursuit conformement a]'alinea 190,03(1.2)(b)(i). lYunicipr.Iity's authority to unde-take repairs or :ouvair de Ia rnunici�a:ite c:'ent.ep;encre 'ses reme�v•3 Aaram-an}�c ionnnr��i,.i ,nnn.�,., ., 70 including any reIated chaxge or fee, is chargeable io the gropri�te de ce propri�taire ou de cet occupant, et les owner or oeeupier and becomes a debt due to the frais relatzfs � 1'ex�cukion de ces tra��aux, y compris municipality. taute redevance ou taut droit afferent, sont � la charge du propri�taire ou de l'occupant et deviennent une cr�ance de la municipalit�. �a#ed at Saint John the IL�day of December, 24I2, ?+ait� 5aint John le�d�cembre,2412. Municipality: Tbe City of Saint John Municipalit� ; Thc City af Saint To�.n Signature of Muaicipai Officer: Signature de la re�r�sentante muzyicipale: � �� _.__ .______,. _ �..__.�__ .,._. �.��._._ Municipal Ufficer's Contact information: Coordon.nees de;a repr�sentsnte ruunicipale � 1�5ame; Pame7a Bentley Nom: Pamela Bentley Mailing address: Adress4 postale: Buildings and Inspection Services Department D�gartement aux services d'inspection et des batiments Tha City of Saink JoF� The City af Saint Jahn 15 iviarket Square IS Markei Sqc�are City Hatl Building, ]0"'Fioor Edifice de 1'hotel de vzllc, 10`�tage P. 4. Box 1971 Case postale 1971 Saint John,New Brunswick Saint Joh.c�(Nouveau-BrunswickJ EZL 4L1 E2L 4LI Telephone: (506}658-2911 T�lephone : (506) 658-29I i Telecopier: (SOb) 632-6199 ,,.�,� T�l�copieur : (�06) 632-b199 Emai�, pamela.bentley@saintjo i , Courriel: pamela,bentley@saintjohn.ca >�,:r �� . ��. 5ea1 o�'municipality � ` "'�l � Sceau de ia municipalite r'--R. �-A�. '��;�- " a,�,�,�':� °��+`J I�otes: � �`iotes : k, All appropriate pennits must be obtained and all relevant 1. Tous les permis prescnts doivent �tre obtenus et toute la legislation must be complied with in the course of carrying out the ]�gislation pc:rtinente doit etre respectec;,pendant 1'execution de]a requi:ed remedial action, rnesura da recours. 2. Pay►nent of the flne does not al9eviate the obligation to comply 2, Le paiement de 1'amende n'annnle pas I'obligation de respecter with tFe by-law,standard ar notice to comply, 1'azr@t�,la norme ou l'avis de conformite. 3. Costs became a debt due to the municipality and mey be added to 3, Les co+its deviennent une dette envers la municipalitb et peuvenk the joint mvnicipa]and provincial Rea]Property Assessment and Tax @tre a;oukes $I'avis d'evaluation et d'imp&t foncicr municipa� et Noti ce. provincial. 71 r��,C�'�J��x�..:��t��s�ii!'� W !�'IS?:�•:T��I'+t'Z.!{n�.'.i� ��A"'' '��"i��2,;�eT'�� ,s ... ��;'�'�J��..� 5ci�edule°°A" c�,��1. 1��-i50 W�slaw Street Sa�int Joh�, New �ru:_swick �''�'''� '�� n�::�:.;'o;�* PI�# 362699 t°>i s�-� �±- ,, . � ��.�.-..ti. --.�-r'..��G e� � 1Lspect:on �ate: �c:oaer 17, 2�1.2 '� , ' ��.s��ec�or: :'axnel�3e�tley, !y. Eng, ___�f _�Q,�� , , ,.. � _ �. 1 .,,,..�..� O rYtf'L t��1�1.�:il��1!. An inspectzon of the property noted that the building on the premise is fire-damaged, dilapidated, vacant and unoccupied. The waod-frame house (the "l�ouse") is two stories afi t}�e front but three stories at the back. The house was the subject of two fires, r,vith the first on August 26, 2Q12 and the second vn September 29, 2012. T}�e premi5e has a large amount of debris at the front, right side and rear lawns. These materia.Is are not only unsightly, but a�so dangerous as sorne of the debnis has protruding nails and sharp corners. The building is a hazard ta the safety of the public because it is dilapidated and vacar�t and unoccupied, The premise is unsightly and also dangerous because of the nature of the debris, ��Iw+V�I U�.1.u J_I The buiIding and premise are not in compIiance wi#1� the Saint J�hra Urtsightly Premises and Dangerous Buildings By-la�v, By-Iaw Number M-30 and arnendment� thereta (the �By_law"). � ' �oz.�se ac.d p,•enr.ise eonditio�ns Paragraph ;.�0.01(1) of the Municipalities Act states: �o persan shail permit premises owned or occupied by k�im or her ta be unsightly by perr.nitting to remain on any part o€suc�premises (a) any ashes,junk, rubbish or refuse; (b) an accumulati�n of wood shavings, paper, sawdust or other residue of produc�ion or construction; or (d) a dilapidated building. 1• The house is dilapidated and unsightly. It has s�ffere.d considerable fire-daanage and the windows at the �-ound-level are boarded over. The siding at the nght side of the building is fize-daznaged, warped and distarted and fa�ling away fram t11e building. At the back of the house, a significazlt portion of the siding has been cansuzned by the �ire and the underlying shingles are exterASively �re�damaged and charred. The windows at the back aze missing and there are large openings into the structure's interior. At the right side af the building, there is a large opening into the house at the seaond floor level. This is due to the rnissing v�+indovv and large floor-to-ceiling hole in the exterior wall, which appears to be caused by the fire, 2. There is debris and garbage on the Fremise incl„�;nQ TlYP_��]++��.....�I ."'� 7. � � • . 72 "V�ca�; a�?ri :7nocc�p�ed Paxagraph 190.0�(1.1) of the Municipalities Act states: IVo person shall permit a building or structure ownad or occupie� by him or her to become a hazard to the safety of the public b� xeason of being vacant or unoccupied. The building is a hazard to the safety of the public by reason Qf being vacant or unoccupied for the foilowing reasons: 1. The house becarne vacant following the first fire, After this, it was the subject of vandalism and later, arsan, It was stated by the awners and insurance company, that the house had been vandalized and trce aoppeT stolen, Thzring an inspection of the property fotlowing the ftrst fire, the house vvas found to be apen. The ov�mers and insurance company were instzucted to �nake the build'zng secure, kaowever, � second fire did occur. At present, the second and third storey windov��s at the right side and back of the building are missing and the building is open to the elements. At least one of the fires at the premise was deliberately set and the I�ouse has not been kept in a sufficiently secure state so as to prevent unwan,ted entry. 2. There is a higher risk of antither fire event occurring at th� gremise due to it being known ta ttze public that the house is vacant, and because the building has been subject of two fires. The impact of anather fire event is amplified �ecause of comb�s�ible materiaYs that are present on the premise which may act as fuel. As already mentioned, there has beez� ane documented case of arson at the pzoperty. 3. The building is located in a high-density papt�lation area of the city witl�nnany zesidential single and multi-family homes nea.rby. A fire at the buildin,g is a risk to the safety of the neighbouring occupants and to the surrounding praperties, It is known that during the first fire, one of the residential houses near the subject praperty suffered darnage. The property°S close proximifiy to the neazby houses and it Iocation in a densely populated area axnplifies #he hazard, 4. There is a concern for firef�ghtez safety in the event of a fire. Since the building has been lcnown to the public as vacant a.�d has been open for casual entry, it would be reasonable for firefig}Zters to enter it iu the event of a fire to check for people inside, The condition and structural integrity of the building is no# knawn and entering the building couid be hazardous to the safety af emergency responders. �!%u»p��te4 a.ad S::•uc:Lrally�Jnsound Pa�'agraph �90.�1(2) of the Municipalities Act states No person shal,l germit a building or structure owned or occu�ied by hirn or h.er ta become a hazard to the safety of the public by reasoz� of dilapidatzon or unsoundness of structural strength. The buiiding is a hazard to the safety of the public by reason of structural unsoundness and dilapidation for the foIlowzng reasons: 73 exterior wall ]acks proper direct bearing to grade. This portion of the building is not structurally sotuid, 2. The building sufFered fire-damage and is now apen to the elements. The structural integrity of the house is unknow~n az�d pprfiions of the strueture may be daxnaged, in particular at the back sec�ion of the bualding, The building is nnw apen �o the elements and this zs causin�g accalerated deterioration of the buildzng and its components. Over time, this will cause weakening of the stracture. 3. There is a large amount of debris in tha front, side and rear yaxds and the materials are fire-damaged, have protruding nails and other sharp cA�rners and these materials could cause injury to anyone who znay be in the vicinity of t1�e debris. Many of the windows af the house are broken and th.ere is broken glass lYing on the ground and hanging in the window frames. This is hazardous to anyonc nearby and the sharg glass could eause injury to the public. The fire-damaged materials and debns pose trippi.ng and slipping hazatds and/or sonneone could puncture themselves on a sharp object. Some of this material is in the front yard of the premise and the building has little clearance to the sidewalk, No attexnpts to secure the yard have t�een znade, Therefore, anyone waiking by cauld approach the debris or oti�er such hazard and be unaware of the Yiidden danger. 4. The stainless steel chimney at the right side of the building is extensively damaged and contorted and may faIl. This cauld cause injury to anyone who may be neart�y, l.�eq=aire�_Re�e��al Act=ons The owner must coznply with one of the two options stated belaw: f)pt�on I: Reme�y#he conditions of the building through a1I repair a�d remedial actions as follows: 1. The building xnust be completely repaired so it may become occupied while maintaining minimum standaxds as described by the Saint John Minimurn Property Standards By-law and the Code. 2, The building must be maintained, kept secure, and rnqnitored on a routine basis while the praperty rernains vacant or unoccupied. 3. A detazled plan must be submitted ta the Buitdings and Tnspectaan Services Department of the City of Saint John (the "Department") foz raview and approval. This plan. should also izaclude a complete engineering repnrt regarding the structural soundness of the building and any nerresSary repairs. The plan should also include a scheduie for the work that is to be carried out. 'The rapaired building must zneet the National Building Code of Canada (�005) as weIl as othez applicable codes. 4. The detailed plan, including schedules and any engineering reports, znust be appraved by th.e Department prior to comznencing repair work. S. A buzlding permit tnust be obtain.ed f�r an� a,,.� ��i .,,,.,,:,._,.,_ . 74 accordance with all applicable by-laws, act.� and regulations. Documentecl proof, fihat clearly demonstrates an appraved solid waste disposal site was used for the disposal of debris, must be pravided to th.e Department, TYZe premise must comply with alI applicable by-laws, acts, codes and regulafiians. Option 2: Demolition of the buiIding and cleanup of alI debris on the premise by connplying with alI the remedial actions as follows: T. The building must be demalished to remove the hazazd to the safety of the public by reason of dilapidation.and by reason of being vacant ar unacczipzed, 2. A demolition permit must be obtained from the City of Saint Jo�n in order to camply with tl�e Saint John Building By-law. 3. The premise must be cleared of the debris from the demoiztian and the lot must b8 made reasonably levei with grade so as to not create a tripping or falling hazard. All debris znust be dispased of at an approved solid waste dispos�l site, and in accordance witkz all applicable by-laws, acts and reguiations. Documented proof, that clearly demvnstrates an approved solid waste disposal site was use,d for the disposaI of debris, must be provided to the Department, 4. AlI debris that is currently on the premise must be cleared and disposed af at a,.n appzoved solid waste disposal site, and in accordance with all app�icable by-laws, acts and regulations. Documented proof, that clearly demon.strates an approved solid waste disposal site vcras used for the disposal of debris, must be provided to the Department. 5, The Praperty must be in compiiance vvith all applicable by-laws, acts and regulatians. 75 Prepared by: � , 1� � ,� zg ,�� Pamaia Bentley, P. Eng. Date � �" Technioal Sez-vices En�ixieer Cnrowth and Development Services Reviewed by: � � � � Axny Foffenrot ng. Date � �'� Buiiding Inspector Growth and Developznent Services 76 C+,^?f'�Cc.��C: €n il�^ �.:��'�r''.1'It:iT , � r� 1�.;�. _�,i ,�,� �,,. �:.� .. �;..� '�:�r�.r�:Y� ..-�y�.,� baf�,�'„,r�e at th,:C,iiy of T ,�,'�c.,. .. , ; Saint.fohn ��er•r i3�unsv_i k �• 4- � N��'IC� �.:�A�'�'EAY� th � day uf�ti;.• �_= � -' �+ ;,s � �', AVIS � A?'PE;I; r�iRM 1 �'f, " � f � . r � 1 t ��, r� , �? ;J iF ,i �.�_.(.�..:�. . J� (11�unicipalitiesAct, R.S.N.B. 973, ��.;�r„,�5;��.� . . �~.r`Ie mun ipalites,L.�t.N.-�3, de 1973, c. M-21, s.'9U.021(_)) ch.�VI-22,par. 19Q.02�(1)) Fi�e No.; ,.� N° du dossier : , BETWEEN . ENTRE : ;�A�vi��-�� ,,': '�6��pA H ��s��n"�.�;��,,�:��: � V�Y CQ1vt�r'`.etil�4 .tp:fjlf:�.. '��C�.N13..rZ:�1 , 13 , � Appellant{s}, Ap�elant(s), - �� et- THE CITY OF SAINT 7QHN, THE CITY�F SA�IT JQHN, Respondent. Inti�nee. Parcel Identafier : PID # Numero d'identification r1e la parcelle : #NID Parcel Adcl.ress: Adresse de la parcelle : Owraer(s) or Occupier(s): Praprietaize(s) au occnpant{s) : �'�� _. Nom : Ads�x�ss: Adresse Telephone: TeIephone; Name: � Nom : 77 - z - The above narned appellant(s) is (are) not satisfied L'appelant(s) susnomme(s) n'accepte(nt) pas Ies wiih the terrris and conditions set out in the notice modalites ou les conditions qui y sont enonces dans that has been g-iven under s�ction 190,011 af the 1'avis qui a ete notife aux tern�es de 1'article 190.011 de Municipalities Act a�td appeals to the 5aint Jahn la Lor sur les rnunici�alites et fait appel au Comite ,Substandard Properties Appeal Committee. d'appel des propriete.s inferieures aux narrnes de Saint John. The appellant's grounds for this appeal are as foIlows Les mo�ifs d'appel de 1'appelant(s) dans 1�pr�sent appel (set out the grounds clear�ly but briefly): sont les suivants (enoncef• les motifs de fa�on claire et concise} ; Dated at _ the day of �'ait a 2012. �£ zo�2. Signature of owner or occupier 5ignature du proprietaire au 1'occupant The appeliarzt(s) intends to proceed in the Bnglish C L'appelant(s) a (ont} 1'intention d'utiliser la langue or French � language (Please check the appropriate franGaise ;] ou anglaise ❑ (Yeuillez cocher la case t�ox). appropYiee). Please fot�ward;�our ,'Votice of Appeal hy registered Veuillez faire parvenir votre Avis d'appe!par courrier mail to the clPrk of The City of Saint John within recomrnan�'e au secretaire de The C'ily oj Saint .Iohn fnurteen (14) days after having been given the notice dans les quatorze (14)jours qui suivent la notificatian at the folloiving address; de 1'avis a 1'adresse suivante : Cammon Clerk's Office Bureau du gref�er communal 15 Market Square, City Hal� Building, 8`�Floor 1 S Market Square, �difice de 1'l�otel de ville, 8e�tage P. O, Box 1971 Case postale I 971 Saint John, New Br�uzswick Saint 7ohn{Nouveau-Brunswick) EZL 4L1 E2L 4L� Telephone: 506-b58-2862 Te�t�nhnnP• 5l1�_�cQ �o,cry 78 - 3 - 2. 4n an appeal, th� Saint John Substandard 2. Lors d'un appel, le Comite d'appel des proprietes Properties Appeal Cornmittee shall hold a hearing inferieures aux normes de Saint John doit tenzr, sur le into the matter at which th� owner(s) or occupier{s) point en. litige, une audience au cours de laquelle le(s) bringing the appeal has (hava) a right fio be heard and propri�taire(s) ou i'accupant(s) qui interjette{nt) appel a may be representad by counsel, (ont) le dxoit d'etre er�tendu(s) et peu#(vent) se faire representer par un avocaE, 3. On an appeal, the Saint J'ohn SubstandaYd 3. Lors d'un appel, le Comite d'appel des proprietes Properties Appeal Comtnittee nnay conf�rm, xnodify inferieupes aux normes de Satnt Jahn peut conFirmer, or rescind the natica or ext�nd the time for compfying modifier ou annuler I'avis ou proroger 1� d�lai pour s'y with the natice. conformer. 4. The Saint ,Tohn Substandard Properties Appeal 4. Le Comite d'appel des proprietes znferieures auC Committee shall provide a copy of its decision to tha normes cle Saint John doit foumir un� copie de sa owner(s) or nccupier{s) of the premises, building or decision ata{x} proprietaire{s} ou a 1'occupant(s) des structure wha brought the appEa! within fourteen lieux, du batiment ou de la construction qui lui a{ont} (14) days after making its decision, interjete appel dan:s les quator�e (14)jours suivant la date a laquelle iI a zendu sa decision. S. The owner(s} or occupier{s) provided with a capy 5. Le(s) proprietaire(s) ou 1'occupant{s} a qui une copie o� a decision frorr� t,h,e S'atnt John Substandard d'une decision a ete fournie par le Comite d'appel des Properties Appeal Committee may appeal the prnprietes inferieures aux normes de Saint Jahn decision to a judge of The Court of Queen's Bench of peut(vent), dans les quatorze (I�) jours qui suivent, 1�'ew Brunswick within fourteen {14) days after the interjeter appel de la d�cision devant un juge de la Cour copy of the deczsion was provided to the awner(s) or du Banc de ia Reine du Nouveau-Brunswick au motif occupier(s) on the grou.�ds that (a) the proc�dure que lQ) la demarche a suivre en vertu de Ia Loi sur les required to be followed by the Municipalities Act was municipalites n'a pas ete suivie, ou (b) la d�cision est not followed, or (b) the decision is patently manifestemez�t deraisonnable, unreasanable. 79 • � • �- ,� , � ':. � ' s :� �.� "� � "Of �* �l t'` � '° �� • ' �� ,� �� k�'�,'''� ,��r �,`.��. `�_ � . •,� � I ��tY ' � ,�i' . ` . � . .��9i►• " - `�•' ' ,. � �; << � � � � �� `y , �'f �;� 'y' , �• � ...�r. .v?i r•"'r �' � 7S' � • �, � h� �� '1 � � � �„� � ' � 7.+� 'Y'� i, ' . �; '� ;� ��.� � T : � ,� .�. :•• '. a � . ��. . � � , j�� r ~ ^� Ii�� 1 ' -� ,� � �j � � �'' � � �� - =�s`--:■ 11l ; �1 1.� ;� � �, f�.�. .. r �ut �' �° � i ...,— — ..�_. � - ,�.... �-�I � . � 4,. �,�% P _ _ - � .i _ , _ - � � — — — - �.�n�� r� ��, � a� ,` „ . 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' _ �R� � -.� �'�� `� � � . - . �- a..� . _ !anuary 28, ).07 3 i 1 � and 16(l�Ninslow Straet � � Photo 1 Y— i • - '��` 92 - �.� �' � RT '� � C� � .�. � �I C � � N � � �. �� .� f� f*��. / �1 �V January 30, 2013 l ''�i � l�` � �,� ��'': �,:� r : M &C2013 - IS � ��t��` ' His Worship Mayor Mel Norton �'he Cit�t�f S�int)ohn and Members of Common Council Your Worship and Members of Council: SUBJECT: TRAFFIC LINES AND MARKINGS—SERVICE DELNF,RY OPTIONS BACKGROUND The City of Saint John has historically painted all 350 KM of traffic lines and 3300 markings utilizing City owned equipment and City employecs. This "Tn-House" practice has and continues to service the City we1Z by providing timely, flcxible, quality results. These markings are essential for the safe shared use of the roadways by motorists, cyclists and pedestrians. Traffic, winter operations, sand and salt wcar away these lines and markings. Painting is required annually. The primary vehicle (Truck #548) used for painting traffic lines is a 1993 model. Some of the equipment on it dates back to the 1960s. This truck is beyond its useful life and necds to be replaced. Council dirccted staff to complctc a comparative cost analysis between the in-house and a contracted service option prior to authorizing the purchase of a replacement vehicle. The underlying goal of the analysis is the optimization of service delivery quality service, responsive to the City's needs, at the best cost for the community. ANALYSIS Staff analyzed the two service delivery options by answering five questions: 1. What operational costs could be eliminated by contracting out the service? 2. What would be the differential contractor cost with this alternate delivery option? 3. What revenue generating opportunities wo�ld be forfeited by the City, if any, by contracting out? 4. What process improvements have and can be implemented with the in-house option? 5. What are the risks? 93 M&C2013 - 15 January 30, 2013 Page 2 1 —_Operationa�Costs Annual operating costs af approximately $130,OQ0 would be redirected by con�acting out the service. Traffic paint, the paint txuck, other painting equipment, parts, and overtitne related costs account for the majority of these savings. Lahour costs are not included in this list as the Local 18 Collective Agreement presently guarantees a minimum number of employees; current employees engaged in this service wo�ld be redeployed. 2—Contractor Costs It is estimated that annual contractor costs of $199,000 would be required to replacc the in-house service model. This estimate is based on information obtaineci from contracted services throughout the Maritimes; in particular rates established by the Provincial Department of Transportation and Infrastr�cture. It should be noted however that this estimated cost is subject to a number of variables; a11 of wl�ich would have the iinpact on costs to the City. 3—Revenue Generatin� OpportuniLies The in-house delivery model for this service has and will continue to gencrate revenue opportunities for the City. This service aligns we11 with the Province's regional service approach. In fact, the Province is c�urently a customer of the City for this service. Ncighbouring municipalities are other potential customers that have indicated their interest. This opportunity would be eliminated with the alternate contractcd option. 4—Process Improvements Scveral process improvements have been irnplernented in recent years. In 2012 alone, marking crew painting production has increased by 30% compared to 2011. Additional plans would further improve production levels, conrinuin.g to reduce the associated laboear invest7nent so employees can be deployed longer to other services. The proposed replaced paint truck permits • higher paint capacity thereby reducing returned trips to the facility; • improved, consistent and measured line thickness through paint hearing and automation; reduced c�st and frequency of placing tra�Ffic cones on wet paint through paint drying and cone deployment technology including potentially eliminating the need for a '/z ton truck from the operation's fleet; • a larger window of ideal painting conditions; • rcduced down tirne due to u�dated equipment; 94 M & C2013 - 15 January 30, 2013 Page 3 • right-sized equipnnent that minimizes the truck's cost while taking advantage of the other listed cost-cutting opportunities Further, StafF reeommends discussing the concept of flexible working hours with Local 18. Optimal production of painting{drying time and longevity of lines) occurs during warm, sunny and dry weather. "1'hese conditions do not always occur during the crews' regular shift. Flexible working hours would cnsure operations such as this could take place marc often during optimal weatl�er conditions while reducing required overtime cost. Other planned improvement opportunities would include • continued investment in modern marking equipment, • better redeployment of labour resources to other services when the weather is not ideal for painting, • an improved traffic paint specification, and • investigating bulk paint orders with provincial and other rnunicipal governments that would reduce costs based on one larger quanfity order. 5—Risks Two significant risks have been identified by staff that have the potential to significantly impact this analysis in the future. As previously discussed, there are the many variables that could influence the actual contracted cost if Council chose this alternate option. By way of example, the City of Moncton experienced a 60% inerease in cost for the contracted services in one year. The City of Moneton chose to discontinue the contracted model in favour of in-house delivery. The second significant risk relates to the guaranteed rziinimum 293 employees in the current Local 18 Collective Agreement. Staff estimates 1.9 FuII Time Equivalent (FTE) employees would be removed from the service with the contracted option. Cnrrently thcse 1.9 FTF's must be redeployed to other services in order to respect this Collective Agreement provision. Costs associated with these 1.9 FTE positions cauld be eliminated if that provision no longer prevailed; (redeployment would not be necessary.} The costs of tl�e two service delivery options are then more connpetitive. CONCLUSIONS In consideration of the forgoing, the operational costs of the in-house service is estimated to be $69,000 per annum less cxpensive than the contracted option. Additionally, the opportunity for the City to provide service to outlying communities and the planned process improvements further enhances the competitive position of the in-house delivery rnodel. Also, the in-house model provides for much more flexihility in terms of ser��ice delivery and also is more reacrive to arising circumstances. These attributes can only enhance citizen satisfaction with the service. In light of all the forgoing,the following recornmendations are made. 95 M&C2013 - 15 January 30,2013 Page 4 RECOMMENDATIONS It is recommended that Common Council: 1. Maintau►the Tn-Hause delivery method for the Traffiic Lines and Markings program; 2. Direct City staff to issue a Tender for the Paint Truck replacement; and 3. Direct City staff to have discussions with Local 18 respecting flexible working hours. Respectfully submitted, r Timothy D. O'Reilly, P.Eng.,M.Sc.E. Kevin Rice, C.E.T. Manager, Pedestrian&Traffic Services Deputy Commissioner, Transpartation and Environment Services ` �l �-.�� '�� . Wm. Edwards,P.Eng. J 'ck Woods, CGA Commission�r, Manager Transportation and Environment Setvices , 96 210, rue John, bureau 101 210 Jolui Street, Suite 101 Moncton, NB E1C OB8 � Moncton, NB E1C OB8 Teleplloile : 50G-B72-6500 � Teleplloiie: 506-872-6500 Telecopieur : 506-872-G501 r Fax: 506-872-6501 January 31, 2013 Mayor a�ld Council P.O. Box 1971 Saint John E2L 4L1 Your Worship: We are writing this letter with the hope that you will reconsider our request of making a very short, but very important "Hands-Only CPR" demonstration during one of your upcoming public council meetings. Doing this demonstration in front of council at a public meeting versus a committee meeting helps us reach more New Brunswickers as your meetings are televised and open to the public. This past Monday, we did this demonstration in front of Fredericton City Council and it was a great success. Municipal Councils in Moncton, Campbellton, Edmundston and St. Stephen have also accepted our request. We hope you will reconsider our i•equest. I look forward to hearing from you or one of your colleagues. My contact inforniation appears just below. Respectfully yours, � �� 'fi�r�� Q(!iu`� , �_ � - Sophie Cormier-Lalonde External Communications Officer Ambulance New Brunswick 506-872-6579 sophie.cormier-lalonde(cusmunbems.ca 97 January 31,2013 His Worship Mayor Mel Narton And Members of Common Council City of Saint John PO Box 1971 Saint John,NB E2L 4L1 Your Worship and Councillors: On behalf of the Board of the Saint John Free Public Library,I am wriring to ask that you consider declaring February 24 to March 2,2013 Freedom to Read Week in Saint John. In 2007 the Library Board adopted the following Mission,affirming the importance of an individuaPs right to read: The Saint John Free Public Library supports all who seek information, learning and enjoyment by providing free access to resources, books and other media in a welcoming environment. In support of Freedom to Read Week,the Central Library in Market Square will be featuring a display of banned and challenged books during the month of February. The following declaration has been provided by the national Freedom of Expression Committee and will be used around the country. It is our hope that you will add the voice of Saint John to this national initiarive and make this proclamarion for our city: FREEDOM TO READ WHEREAS the right to pursue the truth through free inquiry is essential to democratic decision-making; and whereas the freedom to read is the essence of free inquiry;and whereas the freedom to read is under assault from left and right in our society; therefare be it resolved that Saint John Common Council recognizes,reaffirms,and defends the right of the cirizens of this community individually to decide what he or she will ar will not read(the freedom to read); and further in support of this resolurion,this Council,on behalf of the citizens of Saint John,proclaims this city hencefarth a Freedom to Read Zone in which the freedom to read is inviolable. 1 encourage you to visit the Freedom to Read website to view lists of banned and challenged materials,articles and other important information: http://www.freedomtoread.ca As always,I would be happy to provide more information or to answer any questions. Sincerely yours, I2J.-0-'rk�1't+t��/,'��y� C� r' Joann Hamilton-Barry, City Librarian and Board Secretary I r OC �' L C' � i� C i ` �n _ " -� ` � - o � , �� I � ` .. I • „ � a= BIBLIOTHEQUE PUBLIQUE DE ��-�� a JOHN FREE PUBLIC LIBRARY CANADA�S FIRST FREE PUBLIC LIBRARY-ESTABLISHED IN 1883 � LA PREMIERE BIBLIOTHEQUE PUBLIQUE GRATUITE AU CANADA-FONDEE EN 1883 1 MARKETSQUARE,SAINTIOHN,NB E2L4Z6 T:506-643-7236 F:506-643-7225 S1FPL@GNB.CA WWW.SAINTIOHNLIBRARY.CA 97- COMMON COUNCILICONSEIL COMMUNAL JANUARY 21, 2013/LE 21 JANVIER 2013 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL —JANUARY 21, 2013 - 6:OQ P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillflrs Farren, Fullerton, MacKenzie, McAiary, Merrithew, Norton, Reardon, and Strowbridge - and - P. Woods, City Manager; J. Nugent, City Solicitor; G, Yeomans, Comm�ssioner of Finance and Administrative Services; J. Hamilton, Commissioner Strategic Services; W. Edwards, Commissioner of Transportation and Environment Services; A. Poffenroth, Deputy Commissioner of Growth and Development Services; K. Clifford, Fire Chief; M. McCaig, Police Sergeant; J. Taylor, Assistant Common Clerk and J. Beltrandi Chown, Administrative Assistant. 1. Call To Order— Prayer Mayor Norton called the meeting to order and Pastor Clayton Meisner offered the opening prayer. 2. Approval of Minutes 3. Appro�al of Agenda On motion of Councillor Reardon Seconded by Councillor McAlary RESOLVED that the agenda of this meeting be approved witn the addition of Items 16.10 City Manager: Draft 2013 Capital Budget; and 17.1 Committee of the Whole: Plumbing By-Law and the replacement of item 10.5 Third Reading Zoning By-Law Amendment due to a correction to the area of the property from 25 hectares to 13.7 hectares Question being taken, th� motion was carried. 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report Changes to Counci!Meeting Schedule for Monday January 28, 2013 Common Council: 1. Meet in Committee of the Whole from 4:00 PM - 5:00 PM on Monday January 28th, 2Q13, and subsequently start the Common Council meeting at 6:00 PM. 5.2 That as recommended by the City Manager in the submitted report M&C 2013- O6: Lancaster Wastewater Treafinent Facility Envrronmenta!Rrsk Assessment, the proposal from CBCL. L.imited for consulting engineering services for the Lancaster Wastewater Treatment Facility Environmental Risk Assessment in the amount of $25,640.00 plus HST be accepted and that the Mayor and Common Clerk be autl�orized to execute the appropriate documentation in that regard. �n motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. Question being tak�n, the motion was carried. 10. Consideration af By�laws 10.1 Third Reading - Business Improvement Levy By-Law On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart 99 97- COMMON COIJNCIUCONSElL COMMUNAL JANUARY 21,2013ILE 21 JANVIER 2013 RESOLVED that the By-Law entitled "A Law to Amend By-Law Number BIA-2 Business Improvement Levy By-Law" by appfying in 2013 a levy of 16 cents for each hundred dollars of assessed value in the Business Improvement Area, be read. Question being taken, the motion was carried. The By-Law enti#led, °A Law to Amend By-Law Number BIA-2 Business Improvement Levy By-Law" was read in its entirety. On motion of Councillor Reardon Secanded By Councillor Merrithew RESOLVED that the By-Law entit�ed "A Law to Amend By-Law Number BIA-2 Business Improvement Levy By-Law" by applying in 2013 a levy of 16 cents for each hundred dolEars of assessed value in the Business Improvement Area, 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#itle, the by-iaw entitled, "A Law to Amend By-Law Number BIA-2 Business Improvement Levy By-Law." 10.2 Third Reading—Saint John Heritage Areas By-Law Amendment On motion of Councillor McAlary Seconded by Councillor Reardon RE50LVED that the By-Law entitled "A L.aw to Amend the Saint John Heritage Conservation Areas By-Law" amending Schedule "D", Douglas Avenue Heritage Conservation Area, by removing from the heritage conservation area a parcel of land having an area of approximately 200 square metres, including buildings and structures thereon, located at 12-14 Bentley Street, also identified as being PID number 00372961, be read. Question being taken, the motion was carried. The By-Law entitled, "A Law to Amend the Saint John Heritage Conservation Areas By- Law" was read in its entirety. On motion of Councillor Reardon Secanded By Deputy Mayor Rinehart RESOLVED that the By-Law entitled "A Law to Amend the Saint Jahn Heritage Conservation Areas By-Law" amending Schedule "D", Douglas Avenue Heritage Conservation Area, by removing from the heritage conservation area a parcel of land having an area of approximately 200 square metres, including buildings and structures thereon, located at 12-14 Bentley Street, also identified as being PID number 00372961, be read a third time, enacted, and the Corporate Common Seal affixed thereto, Question being taken, the motion was caRied. Read a third time by title, the by-law entitled, "A Law to Amend the Saint John Heritage Conservation Areas By-Law." 10.3 Third Reading— Proposed Zoning By-Law Amendment 345 Boars Head Rd (Cambr�dge Estates) 10.3.1 Section 39 Conditions— 345 Boars Head Rd (Cambridge Estates} On mo#ion af Councillor McAlary Seconded by Councillor Reardon RESOLVED that the by-law en#itled, "By-�aw Number C.P. 110-206 A Law to Amend the Zoning By-Law of The City of Saint John," amending Sc�edule "A", the Zoning Map of The City of Saint John, by re-zaning a parcel of land with an area of approximately 12.56 hectares, located at 345 Boars Head Road {Cambridge Estates}, also identified as being a portion of PID number 55203145, from "R-2" One and Two Family Residential, "RS-2" One and Two Family Suburban Residential and �TH"Townhouse to °RM-1" Three Storey Multiple Residential, be read, 100 97- C�MMON COUNCILICONSEIL COMMUNAL JANUARY 21, 20131LE 21 JANVIER 2Q13 Question being taken, the motion was carried. The by-law entitled, "By-Law Number C.P. 110-206 A Law to Amend the Zoning By-Law of The City of Saint John", was read in its entirety. On motion of Deputy Mayor Rinehart Seconded by Cauncillor McAlary RESOLVED that pursuant to#he provisions of Section 39 of the Community Planning Act, the proposed development of a parcel of land with an area of approximately 12.56 hectares, located at 3�45 Boars Head Road (Cambridge Estates), also identified as part of PID number 55203145, be subject to the following conditions: a. Any development of the site or portion thereof be in accordance with a detailed site plan(s) and building elevations, to be prepared by the proponent and sub�ect to the approval of the Development �fficer, indicating #he location of alk bu�ldings, structures, par�Cing areas, driveways, loading areas, signs, exterior lighting, outdoor storage areas, landscaped areas, other site features and all relevant site statistics including coverage; b. Any development of the site or portion thereof be in accordance with a detailed landscaping plan(s}, to be prepared by the proponent and subject to#he appraval of the Development Officer, indicating the location of all proposed landscaping features on the site; c. That the approved plans mentioned in conditions (a} and (b) above must be attached ta the application for a building permit for the develapment and that no permits, other than site preparation permits, be issued until the Development Officer has approved the plans; d. The developer provide an engineering water and sewer analysis determining the impact of#he develapment on the existing infrastructure, and a detailed engineering servicing plan for the approva! of the Chief City Engineer or their designate; e. The deveioper provides adequate site drainage facilities in accordance with a detailed drainage pian / report, prepared by the develaper and subject to the approval of the Chief City Engineer or their designate. This report must also determine the impact this development wiil have on the existing storm sewer infrastructure and also to ensure that this proposal does not exceed the current capacity of the existing storm system; f. That any costs to extend or improve off-site 9nfrastructure to serve the developrnent be completed at the developer's expense; g. The developer must provide all utilities underground, including power and telephone, as per the standards in the Subdivision Bylaw; h. Alk site improvements shown on the approved plans for the development, except for landscaping, must be completed prior to occupancy of any building, and the landscaping must be completed within one year of the building permit approval. i. Construction vehicles serving the proposed subdivision shali not be permitted to use Leeds Crescent or Grantham Road. j. Development of the site shall be limited to the Phase 1 area shown on the submitted tentative plan until such time as Cambridge Drive is fulty built and connected to the proposed public street in Phase 1 of this subdivision. Question being taken, the motion was carried. On motian of Depu#y Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the by-law entitled, "By-Law Number C.P. 110-206 A Law to Amend the Zoning By-Law of The City of Saint John," amending Schedule �A", the Zoning Map of The City of Saint Jo�n, by re-zoning a parcel 101 97- COMMON COUNCILICONS�IL COMMUNAL JANUARY 21, 20131LE 21 JANVIER 2013 of land with an area of approximately 12.56 hectares, located at 345 Boars Head Road (Cambridge Estates), also identified as being a portion of PID number 55203145, from "R-2" One and Two Family Residential, "RS-2" One and Two Family Suburban Residential and "TH" Townhouse to "RM-1" Three Storey Multiple Residentiaf, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a thi�d time by title, the by-law entitlsd, "A Law to Amend the Zoning By-Law of The City of Saint John." 10.4 Third Reading— Proposed Zoning By-Law Amendment 8 Rockwaod A� 10.4.1 Section 39 Conditions— 8 Rockwood Av On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the by-law entitled, "By-Law Number C.P. 110-207 A Law to Amend the Zoning By-Law of The City of Saint John," amending Schedufe "A", the Zoning Map of The City of Saint John, by re-zoning a parcel of land with an area of approximately 930 square metres, located at 8 Rockwood Avenue, also identified as being a portion of PID numbers 55037535, 00306928, 00309344 and 55037543, from "R-2" One and Twa Family Residential to "I-1" Light Industrial, be read. Question being taken, the motion was carried. The by-law entitled, "By-Law Number C.P. 110-207 A Law to Amend the Zoning By-Law of The City of Saint John", was read in its entirety. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of the parcel of land with an area of approximately 930 square metres, located at 8 Rockwood Avenue, also identified as being PID numbers 55037535, 00306928, 00309344 and 55037543, be subject to the following conditions: a. The use of the subject site be limited to a surFace parking area to be developed and used in conjunction with an adjacent car sales lot; b. There shall not be any vehicular access onto Rockwood Avenue from the subject site; c. The Developer must install a vinyl covered chain link fence with a minimum height of 1.8 metres along the southeastern portion of the subject site adjoinirtg an undeveloped fre lane, supplemented by a berm an the residential side of the fence, which shall be sodded and planted with trees that are spaced in a manner tha#totally blocks the �akland Streef residents' view of the fence, the berm and trees having a minimum combined height of 3 metres, all i� accordance with a detailed landscaping plan to be prepared by the applicant and subject to the approval of the Develapment Officer; d. Required landscaping must be extended onto the Rockwood Street right-of-way to the edge of the street curb; e, The Developer must replace the existing dropped curb adjoining the subjec#site on Rockwood Avenue with fulf height concrete barrier curb; and f. All site improvements, including landscaping onto the Rockwood Avenue right-of-way, shown on the approved site and drainage plans must be completed within one year from the date the required building permit is issued by the City for this development. Question being taken, the motion was carried. On motion of Councillor MacKenzie Seconded by Councillor Reardon RESOLVED that the by-law entitled, "By-Law Number C.P. 110-207 A Law to Amend the Zoning By-Law of The City of Saint Jahn," 102 97- COMMON COUNCILICONSEIL COMMUNAL JANUARY 21,20131LE 21 JANVIER 2013 Amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning a parcel of fand with an area of approximately 93Q square metres, located at 8 Rockwood Avenue, also identified as being a portion of PID numbers 55037535, 00306928, �0309344 and 55037543, fram °R-2" One and Two Family Residential to "I-1" Light Industriaf, 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, °A Law to Amend the Zoning By-Law of The City of Saint John." 10.5 Third Reading —Proposed Zoning By-Law Amendment 2112 Bayside Dr 10.5.1 Section 39 Conditions—2112 Bayside Drive On motion of Councillor Merrithew Seconded by Councillor Norton RESOLVED that the by-law entitled, "By-Law Number C.P. 110-209 A Law to Amend the Zoning By-Law of The City of Saint John," amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning a parcel of land with an area of approximately 13.7 hectares, located at 2112 Bayside Drive, also identified as be+ng a portion of PID number 00467506, from "RF" Rural and "RS-2" Qne and Two Family Suburban Residential to "PQ" Pits and Quarries, be read. Question being taken, the motion was caRied. The by-law entitled, "By-Law Number C.P. 110-209 A Law to Amend the Zoning By-Law of The City of Saint John", was read in i#s entirety. Qn motion of Councillor Merrithew Seconded by Councillor McAlary RES�LVED that pursuant to the provisions of Section 39 of the Community Planning Act, the use of a parcel of land with an area of approximately 13.7 hectares, located at 2112 Bayside Drive, also identi�ed as being a portion of PID Number OQ467506 for a pit or quarry be subject to the folfowing conditions: a. The disturbed area of the site is restricted to a maximum of 4 hectares at all times and all other areas of the site, except for the access driveway, sl�all remain undisturbed (including re#ention of existing tree cover} or shall be fully rehabilitated (including re- vegetation of the excavated area), b. In addition to the requirements contained in Section 680(10)(d) of the Zoning By-Law, the eleva#ion af the excavation shall be no greater than 10 meters below the existing elevation of the site and at no point shauld the excavation be deeper than 60 metres abo�e sea level. c. The applicant shall provide existing topographical data to the satisfaction of the Development Officer prior to undertaking the development. d. Trucks and equipment, not being utilized as part of the active excavation of the site, shall not be stored on the site. e. The days of operation for the said pit and quarry be limited to Monday to Friday, f. ln addition to tf�e requirements contained in Section 680(4){j) of the Zoning By-Law, a storm water study and hydrology plan be prepared by the applicant and subject to the approval of the City's Chief Engineer or his designate. Question being taken, the mation was carried. On motion of Councillor Reardon Seconded by Deputy Mayor Rinehart RESOLVED that the by-law entitlsd, "By-Law Number C.P. 110-209 A Law to Amend the Zoning By-Law of The City of Saint John," amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning a parcel 103 87- COMMQN COUNCILICONS�IL COMMUNAL JANUARY 27, 20131LE 21 JANVIER 2093 of land with an area of approximately 13.7 hectares, focated at 2112 Bayside Drive, also identified as being a portion of PID number 00467506, from "RF" Rural and "RS-2" One and Two Family Suburban Residential to"PQ" Pits and Quarries, 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, "A Law to Amend the Zoning By-Law of The City of Saint John." 13. Committee Reports 13.1 Planning Advisory Committee: Proposed Subdi�ision 345 Boars Head Road {Cambridge Estates} Qn motion of Councillor McAlary Seconded by Councillor MacKenzie RE50LVED that 1. Common Council: a. assent to one or mare subdivision plans, in one or more phases, in general accordance with the submitted Tentative Plan Cambridge Estates Subdivision, Mu1ti Unit Development, Phase 9, City of Saint John, dated November 20, 2012, Iocated at 345 Boars Head Road (part of PfD 55203145}, with respect to the ves#ing of the proposed pubfic streets and any required municipal services easements and public utility easements, subject to the following modifications: i. Remaval of the proposed block of�.and for Public Purposes, b, authorize the preparation and execution of one or more City/Developer Subdivision Agresments to ensure the provision of the required work and facilitEes, including temporary turnaround for the new public street and detailed engineering and drainage plans for the approvat of the Chief City Engineer or their designate; and c. Land for Public Purposes in the amount of 2,561 square metres be accepted from the existing credit. 2. That the Planning Advisory Committee: a. Defer naming the proposed public street until a suitable name is decided upon, or there is a change to the subdivision plan that would see the proposed road connected to the existing Cambridge Drive, Question being talcen, the motion was carried. 13.2 Saint John Board of Police Commissioners: Response to Council Resolution Respecting Sex Trade Workers (Tabled January 14, 2093) The Assistant Common Clerk advised that agenda item 13.2 had been tabled on January 14th, 2013 pending attendance of the Police Chief, noting that he has been advised that the Police Chief is unavailable this evening. 1fi. Supplemental Agenda On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that all items on the supplemental agenda be lifted from the table, Questions being taken, the motion was carried. 16.1 Cammon Clerk: Resignation of Donnie Snook On motion of Deputy Mayor Rinehart Seconded by Councillor Merrithew 104 97- COMMON COUNCIIJCONSEIL COMMUNAL JANUARY 21, 20131L� 21 JANVIER 2013 RESOLVED that as a result o# Councillor ponnie Snook's resignation, Common Council hereby declares a vacancy on the Council; AND FURTHER BE IT RESOLVED that the Common Clerk is hereby directed to provide a copy af the foregoing resolution ta the Municipal Electoral Officer forthwith. Question being taken, the motion was carried. 1fi.2 Minutes of December 27, 2072 On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED tY�at the minutes of the meeting of Common Counc{I, held on December 27, 2012, be approved. Question being taken, the motion was carried. 16.3 Minutes of January 2, 2013 On motion of Councillor MacKenzie Seconded by Deputy Mayor Rinehart RES�LVED that the minutes of the meeting of Common Council, hefd on January 2, 2013, be approved. Question being taken, the motion was carried. 16.4 Ambulance New Brunswick� Hands Only CPR Demanstration �n motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the request to present from Ambulance New Brunswick be referred to the Cferk to contact Ambulance New Brunswick to inquire if they would be interested in giving a demonstfation of"hands on CPR" to members of Common Council at a suitable location. Question being talcen, the motion was carried. 16.5 City Manager: Actionable Resolutions Repart The Common Clerk advised that the original motion had passed unanimously therefore according to the procedural by-law any member of Council could make a mo#ion to rescind the original motion. On motion of Deputy Mayor Rinehart Seconded by Councillor Reardon RESOLVED that as recommended by the City Manager in the submitted report Actionable Resolutions Reporf Council rescind the foklowing resolution of July 16, 2012: "RESOLVED that the record of motions 1 actionable items be referred to the Common Clerk to examine a possible change to the format of the report to make it more succinct and clear with the direct+on that the new report would be included with every agenda packet." Question being taken, the motion was carried with Councillor Farren and Fullerton voting nay. 16.6 City Manager: Mute�al Nondisclosure Agreement between the City and ClearRisk On motion of Councillor Farren Seconded by Councillor Reardon RESOLVED that as recommended by the City Manager in the submitted report Mutual Nondisclosure Agreement between the City and ClearRisk, the City enter into a Mutual Nondisclosure Agreement with ClearRisk in the form and upon the terms and conditions as attached to the submitted report and that Common Council authorize the Mayor and Common Clerk to sign the Mutual Nondisclosure Agreement with C1earRisk. 105 97- COMMON COUNCIUCONSEIL COMMUNAL JANUARY Z1, 20131LE 21 JANVIER 2013 Question being taken, the motion was carried with Councillor Fullerton �oting nay. 16.7 Actionable Resolutions - Reflecting up to tf�e January 14, 2013 Council Meeting On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the report er�titled Actiorrable Resolutions- Reflecting up to the January 14, 2013 Council Meeting be received for information. Question being taken, the motion was carried. 16.$ Commissioner of Finance: Water& Sewer Utility 2013 Operating Budget On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that as recommended by the Commissioner of Finance and Administrative Services in report Water& Sewer Ufility 2013 Operating Budget Common Council adopt the following resolutions: RESOLVED that the December 3, 2012 resolu#ion of Common Council adopting as the estimated revenue for the Water and Sewerage Utility for the year 2a13 the amount of $38,768,000 be amended by deleting "$38,768,00a" and substituting "$37,679,aoa"; AND FURTHER BE IT RES�LVED that the December 3, 2012 resolution of Common Council adopting as the estimate of expenses for the Water and Sewerage Utility for the year 2013 the amount of$38,768,000 be amended by deleting "$38,768,000" and substituting "$37,679,000". Question being taken, the motion was carried. 16.9 City Manager: Fundy Quay- Phase 3 Enrrironmental Responding to questions, Kent Mclntyre, General Manager of Saint John Watertront Development stated it is necessary to mave farward withaut delay in order to work in unison with ti�e developer which has escalated its due diligence. Responding to questions, Mr. Mclntyre confirmed that Stantec Consulting Ltd. was the company that completed phase one and two for Public Worlcs Canada and the Saint John Development Corporation and that their expertise would expedite the project. On motion of Councillor Merrithew Seconded by Councillor McAfary RESOLVED#hat as recommended by the City Manager in the submitted report Fundy Quay-Phase 3 Environmental, notwithstanding the City's procurement policy, Stantec Engineering be engaged to provide a Phase 3 Environmental Assessment at Fundy Quay as per the terms of their submitted proposal dated January 15, 2013 and that the Mayor and Common Clerk be authorized to sign the agreement. Question being taken, the motion was carried. 16.10 City Manager: 2013 General Capital Budget Referring to the submitted report, Mr. Woods updated C:ouncil on the 2013 Genera! Capital Budget. He explained that any money borrowed to pay for the Capitai Program has to be paid far through the operating budget and ultimately thfough the tax rate. Resp�nding to a question regarding the training tower, Chief Clifford explained that such a tower should be used every day, adding that he has noticed a decline in the skills and decision making of fire personnel due to the fact that the department has not had a proper training facility since 2008. He advised that the fire department current conducts four 1.5 hour training sessions per day even though they do not have elevations and buildings with which to practice. 106 97- COMMON COUNCILICONSEIL COMMUNAL JANUARY 21, 20131LE 21 JANVIER 2013 On motion of Councillor McAEary Seconded by Councillor Merrithew RESOLVED that the submitted report entitled 2093 Genera! Capital Budget be tabled. Question being taken, the motion was carried. 17, Committee of the Whole 17.1 Committee of the Whole: Plumbing By-Law Amendment �n motion of Counci4lor Reardon Seconded by Councillor McAlary RESQLVED#t�at the by-law antitled, "A By-Law to Amend a By-Law Respecting Plumbing in The City of Saint John" amending Paragraph 5(2)(e) and repealing and replacing subsection 9(2) and 9(3), be read a first time. Question bei�g taken, the motion was carried, Read a first time by title, the by-law entitled, `A By-Law to Amend a By-Law Respectir�g Plumbing in The City of Saint John". O� motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the by-law entitled, "A By�Law to Amend a By-Law Respecting Plumbing in The City of Saint John" amending Paragraph 5{2}{e) and repealing and replacing subsection 9(2} and 9(3), be read a second time. Question being taken, the motion was carried. Read a second time by title, the by-law entitled, "A By-Law to Amend a By-Law Respecting Plumbing in The City of Saint John". 18. Adjournmen� On motion of Councillor Reardon Seconded by Deputy Mayor Rinehart RESOLVED that the Counci! meeting of January 21, 2013, be adjourned. Question being taken, the motion was caRied. The Mayor declared the meeting adjourned at 7;45 p.m. Mayar 1 maire Assistant Cammon Clerk 1 grefFier communal adjaint 107 97- Emergency Councii Open Session Meeting December 20th,2092 Minutes of the Portion of the Emergency Council Meeting Thursday, December 20th, 2Q12, 12:40 p.m. 8tn Floor Boardroom, City Hall Present: Mayor Mel Norton Deputy Mayor Rinehart and Councillors MacKenzie, McAlary(present in the 8�'floor boardroom, City Hall) and Councillors Farren, Fullerton, Norton, Merrithew and Strowbridge (present via teleconference phone) - and — G. Yeomans, Commissioner of Finance and Administrative Services; K. Forrest, Commissioner of Growth and DevelopmenUActing City Manager; S. Brittain, Solicitor; E. Gormley, Common Clerk and J. Taylor, Assistant Common Clerk 1. Meeting Called To Order The Mayor called the meeting to order. On motion of Councillor Farren Seconded by Councillor McALary RESOLVED that Council confirms the emergency nature of the December 20, 2012 meeting. Question being taken, the motion was carried with Councillor Fullerton voting nay. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RES�LVED that Council convene in a closed emergency session of Council meeting. Question being fiaken, the motion was carried. Following the closed session emergency Council meeting , Council canvened in open session at 12:40 p.m. were there were present Mayor Mel No�ton,Deputy Mayor Rinehart and Co�ncillors MacKenzie, McAlary (present in the 8t"floor boardroom, City Hall} and Councillors Farren, Fullerton, Nortan, Merrithew and Strowbridge (present via teleconference phone); and G. Yeomans, K. Farrest, E. Gormley, and J. Taylor On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart 108 97- Emergency Council Qpen Session Meeting December 20th,2012 RESOLVED that Cammon Council authorize the Mayor and Common Clerk to execute the follawing agreemen#: 1)The City shall pay 100% of the cost for interim/bridging Long Term Disability(°LTD") benefits for th� members of IAFF Local 771, the SJPA, CUPE Loca! 18 and CUPE Locai 4$6 for a period of twenty four months commencing on January 1 Si, 2013; 2)The interim/bridging LTD benefits for the members of IA�F Local 771, the SJPA, CUPE Loca! 18 and CUPE Locaf 486 shall be what is icnown as "own occupation" coverage for a periad of two years, following which such interim/bridging LTD benefits will be provided on the basis of "any occupation" coverage unitl the age of sixty-five; 3)A committee chaired by the City's Mayor and further consisting of a representative{s}af IAFF Local 771, the SJPA, CUPE Local 18, CUPE Local 486 and the Pension Task Force shail be established for the purpose of negotiating a cost sharing arrangement for LTD benefits for the period following the interim/bridging period Question being taken, the motion was carried with Councillor Fullerton voting nay. (Deputy Mayor Rinehart withdrew from the mesting and Councillor Farren advised that he will abstain from the vate due to a conflict of interest} On motion of Cauncillor McAiary Seconded by Councillor MacKenzie RESOLVED that prior to the City's execution of fhe agreement between the City and its unions respecting interim/bridging Long Term Disability coverage, each of IAFF Local 771, SJPA, CUPE Local 18 and CUPE Local 486 shall duly execu#e the Memorandum of Understanding between the Parties in the form that was approved by Common Council on December 19, 2Q�2. Question being taken, the motion was carried with Councillar Fullerton voting nay. {Deputy Mayor Rinehart reentered the meeting} On motion af Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the emergency Council meeting of December 20`", 2012 be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjo�rned at 12:45 p.m. Mayar 1 maire 109 97- Emergency Council Open Session Meeting December 20th, 2012 Common Clerk 1 greffi�re communale 110