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2013-08-12_Agenda Packet--Dossier de l'ordre du jourr. City of Saint John Common Council Meeting AGENDA Monday, August 12, 2013 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plail utiliser 1'entree Chipman Hill Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658 -2862. Pages 1. Call to Order - Prayer 2. Approval of Minutes 2.1 July 15, 2013 Minutes 1 -10 2.2 July 29, 2013 minutes 11 -21 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Douglas Avenue (Bentley Street to Civic #228) Sanitary and Storm Sewer 22-28 Renewal Project Temporary Construction Easement Portion of PID #00358481 - 263 Douglas Avenue (Recommendation in Report) 5.2 Douglas Avenue (Bentley Street to Civic #228) Sanitary and Storm Sewer 29-35 Renewal Project Temporary Construction Easement Portion of PID #55172860 - 247 Douglas Avenue (Recommendation in Report) 5.3 Douglas Avenue (Bentley Street to Civic #228) Sanitary and Storm Sewer 36-40 Renewal Project Sanitary Lift Station and Gravity Sewer Easement Portion of PID #00377937 - Province of New Brunswick (Recommendation in Report) 5.4 Easement Granting City to PNB, Peel Plaza- Justice Building (Recommendation 41 -43 in Report) 5.5 Rescheduling of Public Hearing 142 Harrington Street (Recommendation in 44-44 Report) 1 Powered 6y: �`F►lL7 e 5.6 Cornet from King's Square Bandstand (Recommendation in Report) 45-46 5.7 Children's Wish Foundation of Canada Letter Re: Support for Exile Island Saint 47-48 John (Recommendation: Approve Request for Exemption of Rental Fees for Barrack Green Fields) 5.8 SPCA Letter Re: Signage on City Property - Request for Exemption 49-50 (Recommendation: Refer to City Manager) 6. Members Comments 7. Proclamation 7.1 The Greater Saint John Pride Week Festival - August 11 -17, 2013 51 -51 8. Delegations / Presentations 9. Public Hearings 10. Consideration of By -laws 10.1 Third Reading Stop -Up and Close of Freedom Court 52-53 11. Submissions by Council Members 11.1 Amendment to Speaking Time Limits for Committee of the Whole Meetings 54-54 (Councillor Reardon) 11.2 Request to Present from Multicultural Association of Saint John Inc. (Councillor 55-56 Norton) 11.3 Cities of New Brunswick Meeting — Railway Safety (Deputy Rinehart) 57-58 11.4 Cities of New Brunswick Meeting — General Meetings (Deputy Rinehart) 59-59 11.5 Use of former Jewish Synagogue Building (Councillor Lowe) 60-60 12. Business Matters - Municipal Officers 12.1 Guide Rail Best Management Practice - Hillcrest Road 61 -108 12.2 Proposed Saint John Skateboard By -Law Amendment 109-119 12.3 Safe, Clean Drinking Water Program - Update 120-150 12.4 Demolition of the Vacant, Unoccupied, Dilapidated and Dangerous Building at 151 -212 49 & 51 Summer Street (PID #22186) 12.5 Transportation and Environment Services - 1 -Ton Truck Replacement 213-214 12.6 Canada Hockey Excellence Building at 125 Station Street 215-243 1 13. Committee Reports 13.1 Saint John Transit Commission: "Yield to Bus" Legislation 244-248 13.2 Finance Committee - Operating Results Projection for 2012 and 2013 249-252 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 17. Committee of the Whole 17.1 Appointment of Commissioner of Strategic Services 253-253 17.2 Appointment of Acting Deputy Common Clerk 254-254 18. Adjournment 9 City of Saint John Common Council Meeting Monday August 12, 2013 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une r6union de Conseil communal, veuillez contacter le bureau du greffier communal au 658 -2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 10.2(4) of the Municipalities Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:30 p.m. 8t" Floor Boardroom City Hall 1.1 Approval of Minutes 10.2(4) 1.2 Approval of Minutes 10.2(4) 1.3 Employment Matter 10.2(4)(b) 1.4 Financial Matter 10.2(4)(e) 1.5 Financial Matter 10.2(4)(c) 1.6 Financial Matter 10.2(4)(c) 1.7 Legal Matter 10.2(4)(f) 1.8 Personal Matter 10.2(4)(b 1.9 Nominating Committee 10.2(4)(b) El The City of Saint John Seance du conseil communal Le lundi 12 aofit 2013 18 h Salle du conseil Comit6 pl6nier 1.Ouverture de la s6ance Si vous avez besoin des services en frangais pour une r6union de Conseil Communal, veuillez contacter le bureau de la greffiere communale au 658 -2862. Chacun des points suivants, en totalit6 ou en partie, peut faire Pobjet d'une discussion en prive en vertu des dispositions pr6vues a Particle 10 de la Loi sur les municipalit6s. Le conseil /comit6 prendra une ou des d6cisions a cet 6gard au cours de la seance publique 16 h 30 — Salle de conf6rence, 8e 6tage, h6tel de ville 1.1 Approbation du proces- verbal — paragraphe 10.2(4) 1.2 Approbation du proces- verbal — paragraphe 10.2(4) 1.3 Question relative a 1'emploi — alin6a 10.2(4)b) 1.4 Question financiere — alin6a 10.2(4)c) 1.5 Question financiere — alin6a 10.2(4)c) 1.6 Question financiere — alin6a 10.2(4)c) 1.7 Question juridique — alin6a 10.2(4)f ) 1.8 Question relative au personnel — alin6a 10.2(4)b) 1.9 Comit6 des candidatures — alin6a 10.2(4)b) Seance ordinaire 1. Ouverture de la s6ance, suivie de la priere 2. Approbation du proces- verbal 2.1 Proces- verbal du 15 juillet 2013 2.2 Proces- verbal du 29 juillet 2013 3. Adoption de Pordre du jour 4. Divulgations de conflits dint& is 5. Questions soumises a Papprobation du conseil 5.1 Projet de renouvellement des 6gouts sanitaires et pluviaux de 1'avenue Douglas (de la rue Bentley au num6ro de voirie 228) : Emprise temporaire sur une construction visant une partie du NID 00358481 — 263, avenue Douglas (recommandation figurant au rapport) 5.2 Projet de renouvellement des 6gouts sanitaires et pluviaux de 1'avenue Douglas (de la rue Bentley au num6ro de voirie 228) : Emprise temporaire sur une construction visant une partie du NID 55172860 — 247, avenue Douglas (recommandation figurant au rapport) 5.3 Projet de renouvellement des 6gouts sanitaires et pluviaux de 1'avenue Douglas (de la rue Bentley au num6ro de voirie 228) : Servitude pour la station de relevement des eaux us6es et 1'&gout collecteur d'une partie du NID 00377937 — Province du Nouveau - Brunswick (recommandation figurant au rapport) 5.4 Etablissement d'une servitude entre The City of Saint John et la Province du Nouveau- Brunswick — Palais de justice de la place Peel (recommandation figurant au rapport) 5.5 Changement de la date de 1'audience publique relative au 142, rue Harrington (recommandation figurant au rapport) 5.6 Cornet du kiosque a musique du square King (recommandation figurant au rapport) 5.7 Lettre de la Fondation Canadienne R6ves d'Enfants au sujet du soutien a 1'6v6nement Exile Island, Saint John (recommandation : approuver la demande d'exemption des droits de location pour les terrains du Mange militaire Barrack Green) 5.8 Lettre de la SPCA relative aux enseignes sur les propri6t6s municipales — Demande d'exemption (recommandation : transmettre au directeur g6n6ral) 6. Commentaires pr6sent6s par les membres 7. Proclamation 7.1 Festival de la semaine de la fiert6 gaie du Grand Saint John, du 11 au 17 aout 2013 8. Delegations et presentations 9. Audiences publiques a 18 h 30 10. Etude des arretes municipaux 10.1 Troisi &me lecture de 1'Arrete concernant la fermeture et le barrage de routes — cour Freedom 11. Interventions des membres du conseil 11.1 Modification a la limitation du temps de parole pour les r6unions du comfit& pl6nier (conseill &re Reardon) 11.2 Demande reque de la Multicultural Association of Saint John Inc. visant a se pr6senter devant le conseil (conseiller Norton) 11.3 R6union de 1'Association des cit6s du Nouveau - Brunswick — S6curit6 ferroviaire (mairesse suppl6ante Rinehart) 11.4 Association des cit6s du Nouveau - Brunswick — Assembl6es g6n&rales (mairesse suppl6ante Rinehart) 11.5 Utilisation de 1'ancienne synagogue (conseiller Lowe) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Pratique exemplaire en mati &re de gestion : Rail de s6curit6 — Chemin Hillcrest 12.2 Projet de modification de 1'Arret6 interdisant l'utilisation des planches a roulettes sur les rues de The City of Saint John 12.3 Le point sur le Programme sur la salubrit6 et propret6 de 1'eau potable 12.4 Destruction du batiment vacant, d&labr& et dangereux situ& aux 49 et 51, rue Summer (NID 22186) 12.5 Services de transport et d'environnement — Remplacement des camions d'une tonne 12.6 Centre d'excellence de Hockey Canada, 125, rue Station 13. Rapports deposes par les comites 13.1 Commission des transports de Saint John: Ugislation visant a c &der le passage aux autobus 13.2 Comit6 des finances — Pr6visions pour les r6sultats d'exploitation de 2012 et 2013 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 15. Correspondance generale 16. Ordre du jour supplementaire 17. Comite plenier 17.1 Nomination au poste de commissaire aux services strategiques 17.2 Nomination au poste de greffiere communale adjointe par interim 18. Levee de la seance 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 15, 2013/LE 15 JUILLET 2013 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — JULY 15, 2013 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe, MacKenzie, McAlary, Merrithew, Norton, and Reardon - and - P. Woods, City Manager; S. Brittain, Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; W. Edwards, Commissioner of Transportation and Environment Services; J. Hamilton, Commissioner of Strategic Services; A. Poffenroth, Acting Commissioner of Growth and Community Development; B. Connell, Deputy Chief of Police; K. Clifford, Fire Chief; J. Taylor, Common Clerk; K. Tibbits, Administrative Assistant. Call To Order — Prayer Mayor Norton called the meeting to order and Reverend John Martin, Ridgewood Chaplain, offered the opening prayer. 2. Approval of Minutes 2.1 Minutes of June 24, 2013 On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the minutes of the meeting of Common Council, held on June 24, 2013, be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the agenda of this meeting be approved with the addition of items 16.1 Contract No. 2012 -13: Watermain Flushing Removal Program Phase 4; 16.2 Contract 2013 -11: Watermain Cleaning & Lining, Phase 8; 16.3 Saint John Police Force (Councillor McAlary); 17.1 Operational Assessment of the Fire Department and Disposition and Development of City Land on the corner of Millidge Avenue and University Avenue; and 17.2 Saint John Police Headquarters Occupancy Agreement. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest Mayor Norton declared a conflict of interest with item 15.5 H. Sauerteig Letter regarding The Saint John Emergency Management Organization Advisory Committee. Deputy Mayor Rinehart declared a conflict of interest with items 12.4 YMCA Grant Funding Proposal — Provision of Recreation Programs and Services at the Forest Glen Community Centre; and 12.5 YMCA Grant Funding Proposal — Provision of Recreation Programs and Services at the Millidgeville Community Centre. Councillor Merrithew declared a conflict of interest with item 12.6 Boys and Girls Club Grant Funding Proposal — Provision of Recreation Programs and Services at the South End Community Centre & Unconditional Grant for the Boys and Girls Club. 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M &C 2013 157: Government Bulk Liquid Fuel Contract - Procurement Agreement, the City enter 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 15, 2013/LE 15 JUILLET 2013 into the Procurement Agreement (Liquid Fuel Tender #35568 -14) with the Province of New Brunswick generally in the form as submitted with this M & C No. 2013 -157 for the supply by the Minister of Government Services of bulk liquid fuel pursuant to the provisions of the Public Purchasing Act, and, that the Mayor and Common Clerk be authorized to execute the said Procurement Agreement. 5.2 That as recommended by the City Manager in the submitted report Merchant Agreement - Chase Paymentech Solutions: 1. The City of Saint John enter into a "Merchant Agreement" with Chase Paymentech Solutions for the processing of payment card transaction based upon the terms and conditions submitted with this report. 2. The Mayor and Common Clerk be authorized to execute the necessary documents 5.3 That as recommended by the City Manager in the submitted report Sponsorship - NB Business Hall of Fame Common, Council approve a Silver Sponsorship in the amount of $5000 for the 17th Junior Achievement New Brunswick Business Hall of Fame 2013 Gala. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. Question being taken, the motion was carried. 6. Members Comments Council members commented on various community events. 7. Proclamation 8. Delegations /Presentations 8.1 Fundy Region Solid Waste Presentation Referring to a submitted presentation, Mr. Marc MacLeod, General Manager of Fundy Region Solid Waste, provided an update to Council with respect to the future direction of recycling and composting programs, noting that both programs require an investment of approximately $9,000,000 in the foreseeable future. He explained that the landfill is expected to last until 2048, noting that the recycling and composting programs have helped to extend its life expectancy. Mr. MacLeod explained that a special interest committee is being formed to consider the waste diversion programs. He asked that Council give consideration to appointing a member of Council, or a member of the public, to participate in this regional stakeholder's group, adding that the appointment is required prior to June 2014. 9. Public Hearings 7:00 P.M. 10. Consideration of By -laws (Mayor Norton withdrew from the meeting and Deputy Mayor Rinehart assumed the chair) 10.1 Third Reading Proposed Municipal Plan By -Law Amendment 220 Glen Road On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the by -law entitled, "By -Law Number C.P. 106 -4 A Law to Amend the Municipal Plan By -Law" amending Schedule A — City Structure, by redesignating a parcel of land with an area of approximately 11 hectares, located at 220 Glen Road, also identified as being PID Number 00420386 and a portion of PID Number 00300855, from Rural Resource Area (outside of the Primary Development Area) to Stable Area (within the Primary Development Area) classification; I 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 15, 2013/LE 15 JUILLET 2013 and amending Schedule B — Future Land Use, by redesignating the same parcel of land from Rural Resource (outside of the Primary Development Area) to Stable Residential (within the Primary Development Area) classification, be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number C.P. 106 -4 A Law to Amend the Municipal Plan By- Law ", was read in its entirety. On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the by -law entitled, "By -Law Number C.P. 106 -4 A Law to Amend the Municipal Plan By -Law" amending Schedule A — City Structure, by redesignating a parcel of land with an area of approximately 11 hectares, located at 220 Glen Road, also identified as being PID Number 00420386 and a portion of PID Number 00300855, from Rural Resource Area (outside of the Primary Development Area) to Stable Area (within the Primary Development Area) classification; and amending Schedule B — Future Land Use, by redesignating the same parcel of land from Rural Resource (outside of the Primary Development Area) to Stable Residential (within the Primary Development Area) classification, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number C.P. 106 -4 A Law to Amend the Municipal Plan By- Law ". 10.2 Third Reading Proposed Zoning By -Law Amendment 221 Loch Lomond Road On motion of Councillor Farren Seconded by Councillor MacKenzie RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -216 A Law to Amend the Zoning By -Law of The City of Saint John ", amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 780 square metres, located at 221 Loch Lomond Road, also identified as being PID Number 00319129, from "R -2" One and Two Family Residential to "B -1" Local Business, be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number C.P. 110 -216, A Law to Amend the Zoning By -Law of The City of Saint John ", was read in its entirety. On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -216 A Law to Amend the Zoning By -Law of The City of Saint John ", amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 780 square metres, located at 221 Loch Lomond Road, also identified as being PID Number 00319129, from "R -2" One and Two Family Residential to "B -1" Local Business, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number C.P. 110 -216, A Law to Amend the Zoning By -Law of The City of Saint John ". (Mayor Norton re- entered the meeting and assumed the chair) 10.3 Public Presentation — Commerce Drive, Consumers Drive and Mark Drive A Public Presentation was given for a proposed amendment to the Municipal Development Plan which would amend Schedule A — City Structure, by redesignating seven parcels of land having a total area of approximately 4.5 hectares, located at 59- 119 Commerce Drive, 1 -15 Consumers Drive and 130 -160 Mark Drive, also identified as 3 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 15, 2013/LE 15 JUILLET 2013 being PID Numbers 55149777, 55151336, 55151310, 00437772, 00000004, 55200448 and 55200430, from Stable Area to Regional Retail Centre classification; and amending Schedule B — Future Land Use, by redesignating the same parcels of land from Stable Residential to Regional Retail Centre classification, to correct a mapping error on Schedules A and B of the Municipal Plan. (Deputy Mayor Rinehart and Councillors Lowe and MacKenzie withdrew from the meeting) 10.4 Third Reading Zoning By -Law Amendment re: Keeping of Chickens as a Secondary Use On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the by -law entitled, "ByLaw Number C.P. 110 -215, A Law to Amend the Zoning By -Law of The City of Saint John" adding subsection 810(14) regarding the Keeping of Chickens as a Secondary Use, be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number C.P. 110 -215, 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 Councillor Norton RESOLVED that the by -law entitled, "ByLaw Number C.P. 110 -215, A Law to Amend the Zoning By -Law of The City of Saint John" adding subsection 810(14) regarding the Keeping of Chickens as a Secondary Use, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number C.P. 110 -215, A Law to Amend the Zoning By -Law of The City of Saint John ". (Deputy Mayor Rinehart and Councillors Lowe and MacKenzie re -enter the meeting) 11. Submissions by Council Members 11.1 Placing or Dumping of Fill (Councillors Norton and Lowe) On motion of Councillor Norton Seconded by Councillor Lowe RESOLVED that Common Council direct the City Manager to report on potential controls respecting the placing or dumping of fill within the City of Saint John. Question being taken, the motion was carried. 11.2 Ambulance NB (Deputy Mayor Rinehart) On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the City Manager be directed to request the following information from Ambulance New Brunswick: a) number of operational ambulances serving Saint John; b) coverage by shift; c) expected response times; d) response times achieved in Saint John over the past 12 month period; e) number of times support from either the police and /or fire department was requested and the reason for that request; f) number of times ambulance was not the first on scene, time difference and the call type; g) standby location of in- service ambulances; and h) any additional information that officials may deem pertinent. 11 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 15, 2013/LE 15 JUILLET 2013 Question being taken, the motion was carried. 12. Business Matters - Municipal Officers 12.1 Engineering Services: Musquash and Golden Grove Road - Water Pumping Station Upgrades On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -152: Engineering Services: Musquash and Golden Grove Road - Water Pumping Station Upgrades, the proposal from CBCL Limited for engineering services for the Musquash and Golden Grove Road - Water Pumping Station Upgrades project in the amount of $224,361.50 including HST be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Question being taken, the motion was carried. 12.2 Update Regarding the Zoning Bylaw Review On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the report M &C 2013 -144: Update Regarding the Zoning Bylaw Review be received for information. Question being taken, the motion was carried. 12.3 Transportation and Environment Services - Heavy Truck Replacement On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -156: Transportation and Environment Services - Heavy Truck Replacement Common Council award the tender for the supply of: 1. Two (2) side - loading sanitation packers to Shu -Pak Equipment Inc. at a price of $458,618.00 plus HST; 2. Two (2) 43,000 gvwr plow /dump trucks to East Coast International Inc. at a price of $419,481.68 plus HST; 3. One (1) 68,000 gvwr plow /dump truck to East Coast International Inc. at a price of $266,958.09 plus HST; and 4. One (1) custom line painting truck to Linetech Equipment Manufacturing Ltd. at a price of $262,860 plus HST; and further, that the Mayor and Common Clerk be authorized to execute any necessary contract documents. Question being taken, the motion was carried. (Deputy Mayor Rinehart and Councillor Farren withdrew from the meeting) 12.4 YMCA Grant Funding Proposal - Provision of Recreation Programs and Services at the Forest Glen Community Centre On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -154: YMCA Grant Funding Proposal - Provision of Recreation Programs and Services at the Forest Glen Community Centre, Common Council approve the execution of the Service Agreement with the appropriate terms and conditions as follows: 5 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 15, 2013/LE 15 JUILLET 2013 (a) Approve the submitted text of the Service Agreement between The City of Saint John and the Saint John YM -YWCA Inc., to operate the Forest Glen Community Centre in order to provide child care services and recreational programs for a period of two (2) years ending December 31st, 2014, and the option to renew the said agreement, subject to Common Council's approval, for an additional two (2) years ending December 31 st, 2016, the text of which accompanies the City Manager and the Deputy Commissioner of Parks & Public Spaces correspondence in this matter to Common Council, dated July 15, 2013; and (b) That the Mayor and Common Clerk be authorized to execute the Service Agreement. Question being taken, the motion was carried. 12.5 YMCA Grant Funding Proposal - Provision of Recreation Programs and Services at the Millidgeville Community Centre On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -153: YMCA Grant Funding Proposal - Provision of Recreation Programs and Services at the Millidgeville Community Centre, Common Council approve the execution of the Tri -party Agreement with the appropriate terms and conditions as follows: (a) Approve the submitted text of the Service Agreement between The City of Saint John, the Saint John YM -YWCA Inc., and Her Majesty the Queen in Right of the Province of New Brunswick, as represented by the Minister of Education and Early Childhood Development, to operate the Millidgeville Community Centre in order to provide child care services and recreational programs for a period of two (2) years ending December 31st, 2014, and the option to renew the said agreement, subject to Common Council's approval, for an additional two (2) years ending December 31 st, 2016, the text of which accompanies the City Manager and the Deputy Commissioner of Parks & Public Spaces correspondence in this matter to Common Council, dated July 15th, 2013; and (b) That the Mayor and Common Clerk be authorized to execute the Service Agreement. Question being taken, the motion was carried. (Deputy Mayor Rinehart and Councillor Farren re- entered the meeting) (Councillor Merrithew withdrew from the meeting) 12.6 Boys and Girls Club Grant Funding Proposal - Provision of Recreation Programs and Services at the South End Community Centre & Unconditional Grant for the Boys and Girls Club On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -155: Boys and Girls Club Grant Funding Proposal - Provision of Recreation Programs and Services at the South End Community Centre & Unconditional Grant for the Boys and Girls Club, Common Council approve the execution of the Service Agreement with the appropriate terms and conditions as follows: (a) Approve the submitted text of the Service Agreement between The City of Saint John and the Saint John Boys and Girls Club, to operate the South End Community Centre in order to provide recreational programs for a period of two (2) years ending December 31 st, 2014, and the option to renew the said agreement, subject to Common Council's approval, for an additional two (2) years ending December 31 st, 2016, the text of which accompanies the City Manager and the Deputy Commissioner of Parks & Public Spaces correspondence in this matter to Common Council, dated July 15, 2013; and (b) That the Mayor and Common Clerk be authorized to execute the Service Agreement. Question being taken, the motion was carried. X 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 15, 2013/LE 15 JUILLET 2013 (Councillor Merrithew re- entered the meeting) 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 37 Signal Regiment 2 Squadron - Permission to Exercise Freedom of the City On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that Common Council grant permission to the 37 Signal Regiment 2 Squadron to exercise the Freedom of the City. Question being taken, the motion was carried. 15.2 Saint John Automobile Dealers Association - Traffic Light Situation On motion of Deputy Mayor Rinehart Seconded by Councillor Norton RESOLVED that the letter from the Saint John Automobile Dealers Association regarding the traffic lights at Rothesay Avenue and Ashburn Lake Road be referred to the City Manager to make arrangements for a teach - in by engineering staff in Committee of the Whole to explain options and potential costs and that a report be provided to Common Council. Question being taken, the motion was carried. 15.3 L. Kincade Letter Re: Advertising Proposal On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the letter from L. Kincade of Highway 55 Events regarding an advertising proposal be received for information. Question being taken, the motion was carried. 15.4 North Star Holdings Ltd. Re: Request for Development Time Extension On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the letter from North Star Holdings Ltd. regarding a request for development time extension be referred to the City Manager for a report and recommendation prior to making a decision. Question being taken, the motion was carried. (Mayor Norton withdrew from the meeting and Deputy Mayor Rinehart assumed the chair) 15.5 H. Sauerteig Letter Re: The Saint John Emergency Management Organization Advisory Committee On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the letter from H. Sauerteig regarding the Saint John Emergency Management Organization Advisory Committee be received for information. Question being taken, the motion was carried. (Mayor Norton re- entered the meeting and assumed the chair) 16. Supplemental Agenda 7 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 15, 2013/LE 15 JUILLET 2013 16.1 Contract No. 2012 -13: Watermain Flushing Removal Program Phase 4 On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -160, Contract No. 2012 -13: Watermain Flushing Removal Program Phase 4, be awarded to the low Tenderer, MIDI Construction Ltd., at the tendered price of $141,422.89 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 16.2 Contract No. 2013 -11: Watermain Cleaning & Lining, Phase 8 On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -159: Contract No. 2013 -11: Watermain Cleaning & Lining, Phase 8 be awarded to the tenderer, Trenchless Solutions Inc., at the tendered price of $1,484,970.29 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 16.3 Saint John Police Force (Councillor McAlary) On motion of Councillor McAlary Seconded by Councillor Lowe RESOLVED that the Common Council of the City of Saint John are fully supportive and have the upmost confidence in the members of our Saint John Police Force as they continue on a daily basis to provide protection and public safety to all of our citizens and our entire community. Question being taken, the motion was carried. 17. Committee of the Whole 17.1 Committee of the Whole: Operational Assessment of the Fire Department and Disposition and Development of City Land on the corner of Millidge Avenue and University Avenue On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the Committee of the Whole, having met on July 15, 2013, the resolution of May 21St, 2013 pertaining to the "Operational Assessment of the Fire Department and disposition and development of City land on the corner of Millidge Avenue and University Avenue ", be rescinded. Question being taken, the motion was carried with Councillors Farren and Lowe voting nay. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the Committee of the Whole, having met on July 15, 2013, Common Council adopt a revised resolution as follows: (a) The City of Saint John continue to position the Fire - Rescue Services in Millidgeville and retain a 0.84 +/- acre portion of PID number 48454, being the land under and around Fire Station 8, as generally shown on the plan submitted to Common Council on May 21St, 2013; n. 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 15, 2013/LE 15 JUILLET 2013 (b) Declare surplus to the needs of the City of Saint John, the balance of PID number 48454 along with PID number 380758, less any land required for public street purposes; (c) Authorize the preparation and filing of a subdivision plan; and, (d) Authorize City staff to enter into negotiations with Cobalt Properties Investment Limited for the potential sale of the surplus property in accordance with existing City policies; and, FURTHER BE IT RESOLVED that the herein resolution does not implicitly or explicitly obligate the City of Saint John to accept the proposed terms of sale or the submitted development proposal. Question being taken, the motion was carried with Councillors Farren and Lowe voting nay. 17.2 Saint John Police Headquarters Occupancy Agreement On motion of Councillor Norton Seconded by Councillor McAlary RESOLVED that as recommended by Committee of the Whole, having met on July 15, 2013, Common Council approve the execution of the Occupancy Agreement with the appropriate terms and conditions as follows: (a) To approve the submitted text of the Occupancy Agreement between The City of Saint John and the Board of Police Commissioners for The City of Saint John, in relation to the operation, use and maintenance of the Police Headquarters located at Civic No. 1 Peel Plaza, Saint John, New Brunswick, the text of which accompanies the City Manager and City Solicitor's correspondence in this matter to Common Council, dated July 10, 2013: (b) That the parties will not execute the Occupancy Agreement in such time that the Province of New Brunswick has granted in favour of The City of Saint John an easement in order to enter the Law Courts Facility Lands to construct, alter, maintain, inspect and repair that portion of the City's Portion Pedestrian Connection Tunnel within the Law Court Facility Lands; and, (c) That the Mayor and Common Clerk be authorized to execute the Occupancy Agreement. Question being taken, the motion was carried. 8.1 Fundy Region Solid Waste Presentation On motion of Councillor McAlary Seconded by Councillor Norton RESOLVED that the request from Fundy Region Solid Waste for a Council appointment to a regional stakeholder's group to discuss options and models for composting and recycling, be referred to the Nominating Committee for consideration. Question being taken, the motion was carried. 18. Adjournment On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the Common Council meeting of July 15, 2013 be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 7:35 p.m. 9 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 15, 2013/LE 15 JUILLET 2013 Mayor / maire Common Clerk / greffier communal 10 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 29, 2013/LE 29 JUILLET 2013 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — JULY 29, 2013 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe, MacKenzie, McAlary, Merrithew, Norton, and Reardon - and - P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; W. Edwards, Commissioner of Transportation and Environment Services; A. Poffenroth, Acting Commissioner of Growth and Development Services; P. Ouellette, Intergovernmental Affairs Officer; C. Thompson, Police Inspector; K. Clifford, Fire Chief; J. Taylor, Common Clerk; K. Tibbits, Administrative Assistant 1. Call To Order — Prayer Mayor Norton called the meeting to order and Rev. Dan Lamos of Kings Valley Wesleyan Church offered the opening prayer. 2. Approval of Minutes 2.1 July 2, 2013 Minutes On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the minutes of the meeting of Common Council, held on July 2, 2013, be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Councillor Farren Seconded by Councillor Reardon RESOLVED that the agenda of this meeting be approved with the addition of items 16.1 Contract No. 2013 -19: St. James Street West (Lancaster St. to Watson St.) — Watermain Renewal; 16.2 Saint John City Market — Lease of Space Stall "C-1"; 16.3 Saint John City Market — Lease of Space Utilized by The Infusion Co. 2011 Ltd.; 16.4 Signage (Mayor Norton); 16.5 Stop -Up and Closure and Subsequent Sale of Vimy and Freedom Courts; 16.5.1 Stop Up and Close Freedom Court (Proposed 1 st and 2nd Reading); 16.5.2 Stop Up and Close Vimy Court (Proposed Third Reading); 16.6 Parking Lot License Agreement; 17.1 Committee of the Whole: Recommended Appointments to Committees; and, 17.2 Committee of the Whole: Illegal Parking Lots (Councillor MacKenzie). Question being taken, the motion was carried 4. Disclosures of Conflict of Interest Councillor Norton declared a conflict of interest with item 5.7 Main Street Baptist Church — Request for Lands. 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M &C 2013- 164: Digital Map Files Sharing Agreement with the New Brunswick Department of Natural Resources, the City enter into a Digital Map Files Sharing Agreement generally in the form as submitted to M &C Report No. 2013 -164 with the New Brunswick Department of Natural Resources and that the Mayor and Common Clerk be authorized to execute the said agreement on the City's behalf. 5.2 That as recommended by the City Manager in the submitted report Saint John Trade and Convention Centre- Approval of 2012 Audited Financial Statements, the 11 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 29, 2013/1-E 29 JUILLET 2013 audited financial statements for the year ended December 31, 2012 be approved as presented and further that the Mayor and the Chair of the Finance Committee be authorized to sign on behalf of the City of Saint John. 5.3 That as recommended by the City Manager in the submitted report M &C 2013- 163: Proposed Public Hearing Date 142 Harrington Street and 304 Westmorland Road, Common Council schedule the public hearing for the rezoning and Section 39 amendment applications of Stepping Stones Fundy Region Inc. (142 Harrington Street) and Hughes Surveys & Consultants Inc. (304 Westmorland Road) for Tuesday, September 3, 2013 at 6:30 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for a report and recommendation. 5.4 That as recommended by the City Manager in the submitted report Designation of Head of the City of Saint John under the Right to Information and Protection of Privacy Act (RTIPPA), David Burke, while occupying the position of Access & Privacy Officer, is hereby designated to serve as "head" as that term is defined in the Right to Information and Protection of Privacy Act to the extent the said Act applies to municipalities in the Province. 5.5 That as recommended by the City Manager in the submitted report M &C 2013- 165: Contract 2012 -16: Station Street (Sewell Street to Civic #130) — Combined Sewer Separation, the contract be awarded to the low tenderer, Terraex Inc., at the tendered price of $227,943.60 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.6 That as recommended by the City Manager in the submitted report M &C 2013- 162: Contract No. 2013 -20: Micro Surfacing 2013, the contract be awarded to the low tenderer, Dexter Construction Company Limited, at the tendered price of $355,648.24 (including HST) as calculated based upon estimated quantities; and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.7 Refer to Item 14.1 5.8 That the funding request from PRUDE Inc. regarding the Honouring of Vincent Churchill (Manny) McIntyre Memorial Dinner be approved. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the recommendation set out for each consent agenda item respectively with the exception of item 5.7 which has been identified for debate, be adopted. Question being taken, the motion was carried. 6. Members Comments Council members commented on various community events. 7. Proclamation 8. Delegations /Presentations 8.1 Saint John Parking Commission /Saint John Transit Commission - Presentation Referring to a submitted presentation, Councillor Reardon provided an overview of the report and responded to questions from members of Council. She noted that the recommendation is the maintenance of independent commissions with an appointment of common members, adding that from a policy perspective this approach makes good business sense. Councillor Reardon noted that the recommendation is consistent with current practices, and suggested that the appointments of members be consistent with respect to length of terms, quorum and common members. 12 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 29, 2013/LE 29 JUILLET 2013 On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that item 12.1 Fundy Quay be moved forward on the agenda. Question being taken, the motion was carried. 12.1 Fundy Quay On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that Common Council authorize Saint John Development Corporation, on behalf of the City and upon receipt of a signed Purchase and Sale Agreement from the proposed developer, to proceed with arrangements leading to the retention of professional services related to environmental remediation planning, creation of seawall refurbishment specifications and necessary legal, technical and public relations services surrounding the Fundy Quay Development with total cost of these services not to exceed $214,000 plus HST, and further that the City make available to Saint John Development Corporation in its capacity of manager of the delivery of the aforesaid services, the total cost thereof, namely not more than $214,000 plus HST. Question being taken, the motion was carried. 9. Public Hearings 7:00 P.M. 9.1 Proposed Section 39 Amendment — 1954 Manawagonish Road 9.1.1 Planning Advisory Committee Report recommending Section 39 Amendment The Common Clerk advised that the necessary advertising was completed with regard to the proposed Section 39 Amendment amending the Section 39 conditions imposed on the April 5, 1988 and November 16, 1998 rezoning of the property located at 1954 Manawagonish Road, also identified as PID Number 55125330, to permit a municipal works depot. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of planning staff's report considered at its July 16, 2013 meeting at which the Committee recommended the amendment of the existing Section 39 conditions described above. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with no one presenting. On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that Common Council amend the Section 39 conditions imposed on the April 5, 1988 and November 16, 1998 rezoning of the property located at 1954 Manawagonish Road, also identified as PID Number 55125330, to read as follows: a) The development be limited to a municipal works depot. Question being taken, the motion was carried. 9.2 Proposed Section 39 Amendment — 750 -840 Somerset Street 9.2.1 Planning Advisory Committee Report recommending Section 39 Amendment The Common Clerk advised that the necessary advertising was completed with regard to the proposed Section 39 Amendment amending the Section 39 conditions imposed on the August 13, 1984 rezoning of the property located at 750 Somerset Street, also identified as being a portion of PID Number 55123632 to permit an access road to a proposed telecommunications tower at 840 Somerset Street. 13 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 29, 2013/LE 29 JUILLET 2013 Consideration was also given to a report from the Planning Advisory Committee submitting a copy of planning staff's report considered at its July 16, 2013 meeting at which the Committee recommended the amendment of the existing Section 39 conditions described above. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with no one presenting. On motion of Councillor Merrithew Seconded by Councillor Farren RESOLVED that Common Council amend the Section 39 conditions imposed on the August 13, 1984 rezoning of the property located at 750 Somerset Street, also identified as being a portion of PID Number 55123632, to permit an access road to a proposed telecommunications tower at 840 Somerset Street. Question being taken, the motion was carried. 9.3 Proposed Zoning ByLaw Amendment — 2240 Red Head Road 9.3.1 Planning Advisory Committee Report recommending Decision be Held Pending Additional Information The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1.5 hectares, located at 2240 Red Head Road, also identified as being PID Numbers 00337022, 55050892 and a portion of PID Number 55183800, from "RFM" Rural Mobile Home to 1 -2" Heavy Industrial with no written objections received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of planning staff's report considered at its July 16, 2013 meeting at which time the Committee tabled the application to allow staff to gather more information on the sign with regards to design, location, potential impact on neighboring properties; and to gather information on the access road with regards to construction and design. The Mayor called for members of the public to speak against the amendment with Mr. David Griffin of 1315 Red Head Road indicating that he was neither for or against the amendment. He suggested that Irving should be penalized for erecting a sign without the proper authorization in the form of a donation to Romero House. Ms. Cheryl Armstrong of 2257 Red Head Road spoke against the proposed amendment noting that she opposed the placement and size of the signage adjacent to her property. She stated that the sign was erected prior to the scheduled Planning Advisory Committee meeting. Referring to an emergency access road, Ms. Armstrong indicated that this road has been used for several years as an everyday access road and expressed frustration that the signage and the access road were put in place prior to the proper permits or zoning being granted. Ms. Theresa Debly of 130 Debly Avenue spoke against the amendment and objected to the proposed rezoning change to a heavy industrial zone given its proximity to residential homes. She suggested that given the fact the sign has been erected and the access road is being used daily, that the applicant is not taking the processes of the City seriously and expected the proposal to be rubber stamped. The Mayor called for members of the public to speak in favor of the amendment with Mr. Rick Turner of Hughes Surveys and Consultants appearing on behalf of the applicant, Cobalt Properties. Mr. Hughes indicated that they are in agreement with the staff recommendation, adding that they respect the wish of PAC to obtain more information and Council to defer its decision at this time. Responding to the concerns expressed by members of the public, Mr. Turner stated that during the development phase of Canaport LNG it was identified by provincial authorities 14 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 29, 2013/LE 29 JUILLET 2013 that secondary access from the facility was necessary for safety reasons. Mr. Turner stated that the current zoning of the property went unnoticed by the company, the province and the City. He explained that recently the company applied for a permit to allow for landscaping and improvements to the road and that it was during that time that the error was uncovered. Referring to the premature placement of the sign, he explained that this was a case of miscommunication, adding that the company is prepared to apologize for that oversight. Responding to a question, Mr. David Simond of Irving Oil indicated that the lighting in the sign could be turned off until the matter is resolved. Mr. Morgan Lanigan, Chair of the Planning Advisory Committee, noted that the nature of the application is unusual and advised that PAC did not feel it had sufficient information at this time to make an appropriate recommendation to Council. On motion of Councillor Farren Seconded by Deputy Mayor Rinehart RESOLVED that Common Council table the proposed rezoning on a parcel of land having an area of approximately 1.5 hectares, located at 2240 Red Head Road, also identified as being PID Numbers 00337022 55050892 and a portion of PID Number 55183800, from "RFM" Rural Mobile Home to "I- 2" Heavy Industrial, until the Planning Advisory Committee receives additional information on the application and has submitted a recommendation on the proposed rezoning. Question being taken, the motion was carried. 10. Consideration of By -laws On motion of Deputy Mayor Rinehart Seconded by Councillor Farren RESOLVED that item 16.4 Signage (Mayor Norton) be brought forward on the agenda. Question being taken, the motion was carried. (Councillor Farren withdrew from the meeting) 11. Submissions by Council Members 11.1 Illegally Placed Signs (Councillor McAlary) On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that Common Council advise through our media outlets present this evening that all business signage and directional signage that does not adhere to our by -laws be removed from every area of the city within the week and, if not, by this motion we advise our staff to remove all signs and if that is not possible we will engage a private operator to do so and that all signage removed will be taken to our Rothesay Avenue location where a fee will be charged to the owner to obtain possession of their sign; and further, that for the future our Works Department trucks be on the alert for improper signage and be given authority to remove any signage that is improperly placed; and, further that a three member Council committee be established to work with staff to make recommendations to Council to clarify the signage bylaw in the City of Saint John. Mr. Nugent confirmed that regardless of vagueness within the bylaw there is no authority for anyone to place a sign in the public right of way and any sign placed in a right of way can be removed by the City immediately. Mr. Poffenroth advised that staff is currently updating the zoning bylaw, adding that the issue of signage is captured within the zoning bylaw. She explained that staff is reviewing issues related to signing and drafting new language to address these issues. Question being taken, the motion was carried. 15 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 29, 2013/LE 29 JUILLET 2013 16.4 Signage (Mayor Norton) On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the City Manager, in consultation with the staff deemed most appropriate and Council's three member committee, provide advice as to the current by -law with regard to the regulation of the signs described by the submitted correspondence and recommendations with regard to the enforcement of the same and directions, if necessary, to the appropriate staff to commence enforcement activities immediately. Question being taken, the motion was carried. 11.2 Multi -City Working Group Presentation (Councillor Reardon) On motion of Councillor Reardon Seconded by Councillor McAlary RESOLVED that Common Council direct the Clerk to schedule a presentation with the Multi -City Working Group. Question being taken, the motion was carried. (Councillor Farren re- entered the meeting) 12. Business Matters - Municipal Officers 12.2 Execution of a Section 101 Agreement on 460 Latimore Lake Road and Third Reading to Rezone a portion of the lands adjacent to 460 Latimore Lake 12.2.1 Third Reading - Zoning By -Law Amendment - 460 Latimore Lake (Mayor Norton and Councillors Lowe and Reardon withdrew from the meeting; Deputy Mayor Rinehart assumed the chair) Ms. Stacey Forfar of the Planning Department explained that the Section 101 agreement is applicable to the existing gravel pit property at 460 Latimore Lake Road. She stated that additional conditions cannot be applied to an existing gravel pit under Section 39 of the Community Planning Act, noting that the Section 101 agreement is required to impose conditions on the subject property. Responding to a question regarding enforcement of the Section 101 agreement, Ms. Forfar explained that the City can escalate issues to the Court of Queen's Bench if the property owner does not comply. She added that the operator of a gravel pit must apply to the city for an excavation permit each year. On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -161: Execution of a Section 101 Agreement on 460 Latimore Lake Road and Third Reading to Rezone a portion of the lands adjacent to 460 Latimore Lake Road, Common Council authorize the City's execution of the submitted Section 101 Agreement with Jerome Langille respecting the development of 460 Latimore Lake Road (PID 00334565). Question being taken, the motion was carried On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -210, A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 35 hectares, located adjacent to 460 Latimore Lake Road, also identified as being a portion of PID Numbers 55214332, 00334599 and 00333419, from "RF" Rural to "PQ" Pits and Quarries, be read. Question being taken, the motion was carried. 16 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 29, 2013/LE 29 JUILLET 2013 The by -law entitled, "By -Law Number C.P. 110 -210 A Law to Amend the Zoning By -Law of The City of Saint John ", was read in its entirety. On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the specific proposal to rezone as "PQ" Pits and Quarries the lands identified as a portion of each of PID Numbers 55214332, 00334599, and 00333419 for the purpose of carrying out the establishment of an open pit aggregate operation to extract sand and gravel, be subject to the following terms and conditions pursuant to the provisions of section 39 of the Community Planning Act: a. The use of the subject site shall be limited to the excavation of aggregate material and will not include blasting. Site development shall be undertaken in accordance with the detailed site plan, completed by a professional engineer and approved by the Development Officer prior to issuance of an excavation permit. b. Extracted aggregate material from the site shall be processed using the facilities on PID 00334565 and all trucks and equipment, not being utilized as part of the active excavation of the site, shall not be stored on the site. c. The disturbed area of the site is restricted to a maximum of 5 hectares (approximately 12.5 acres) at all times. All other areas of the site, with the exception of the access driveway, shall remain undisturbed (including retention of existing tree cover) or shall be fully rehabilitated (including re- vegetation of the excavated area) in accordance with the detailed site plan approved by the Development Officer prior to issuance of an excavation permit. d. All access to the site shall be from the existing driveway and internal haul road located on 460 Latimore Lake Road (PID 00334565), in accordance with the detailed site plan. e. A water supply must be maintained on the site and be used to limit the amount of dust raised, with the method for dust management to be identified as a note on the site plan, approved by the Development Officer prior to issuance of an excavation permit. f. Any equipment used on the site must be equipped with fully functional noise - suppressing mufflers to the satisfaction of the Building Inspector. g. In addition to the requirements contained in Section 680(10)(d) of the Zoning Bylaw, no part of the excavation area shall be excavated to an elevation lower than approximately 120 metres (395 feet) above sea level, in accordance with the detailed site plan approved by the Development Officer prior to issuance of an excavation permit. h. The hours of operation shall be limited to Monday to Friday from 7:OOAM to 6:OOPM. i. A detailed stormwater drainage plan and design report must be submitted by the applicant's engineering consultant for review and approval by the Chief City Engineer, prior to the issuance of an excavation permit. Question being taken, the motion was carried. On motion of Councillor Farren Seconded by Councillor MacKenzie RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -210, A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 35 hectares, located adjacent to 460 Latimore Lake Road, also identified as being a portion of PID Numbers 55214332, 00334599 and 00333419, from "RF" Rural 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, "By -Law Number C.P. 110 -210 A Law to Amend the Zoning By -Law of The City of Saint John ". (Mayor Norton re- entered the meeting and assumed the chair) 17 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 29, 2013/LE 29 JUILLET 2013 (Councillors Reardon and Lowe re- entered the meeting) 13. Committee Reports 13.1 Planning Advisory Committee - Proposed Subdivision and Variance - 608 Millidge Ave / 55 University Ave On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that Common Council assent to the submitted photo- reduced City of Saint John Subdivision (Millidge Avenue) plan with respect to the vesting of a parcel of land with an area of approximately 83 square metres of land as part of the Millidge Avenue / University Avenue public street right -of -way as well as any required municipal services easements. Question being taken, the motion was carried. 13.2 Saint John Parking Commission - Hotspot Parking - Council Referral On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the report from the Saint John Parking Commission regarding Hotspot Parking be received for information. Question being taken, the motion was carried. 14. Consideration of Issues Separated from Consent Agenda 14.1 Main Street Baptist Church — Request for Lands (Councillor Norton withdrew from the meeting) On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the letter from the Main Street Baptist Church regarding a donation of City land be referred to the City Manager. Question being taken, the motion was carried. (Deputy Mayor Rinehart withdrew from the meeting) 15. General Correspondence 15.1 Port City Rainbow Pride Letter Re: Pride Week On motion of Councillor Reardon Seconded by Councillor McAlary RESOLVED that the letter from Port City Rainbow Pride regarding Pride Week be referred to the Common Clerk to schedule. Question being taken, the motion was carried. (Deputy Mayor Rinehart and Councillor Norton re -enter the meeting) 15.2 Letter from W. Butler Re: Proposed Development 700 Millidge Avenue On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the letter from William Butler regarding the proposed development of 700 Millidge Avenue be received for information. Question being taken, the motion was carried. 16. Supplemental Agenda 16.1 Contract No. 2013 -19: St. James Street West (Lancaster St. to Watson St.) — Watermain Renewal On motion of Councillor Farren Seconded by Councillor McAlary in 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 29, 2013/LE 29 JUILLET 2013 RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -167: Contract No. 2013 -19: St. James Street West (Lancaster St. to Watson St.) — Watermain Renewal the contract be awarded to the low tenderer, Midi Construction Ltd., at the tendered price of $213,394.85 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 16.2 Saint John City Market — Lease of Space Stall "C -1" On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -169: Saint John City Market — Lease of Space Stall "C-1 "Common Council: 1) Approve the release of space for stall "C -1" in the City Market with 646534 N.B. Ltd. under the terms and conditions as set out in the Letter of Release submitted with MC 2013 -169; and 2) Approve the lease of space for stall "C -1" in the City Market with 669911 N.B. Inc. under the terms and conditions as set out in the Lease submitted with MC2013 -169, and further; 3) That the Mayor and Common Clerk be authorized to execute the lease. Question being taken, the motion was carried. 16.3 Saint John City Market — Lease of Space Utilized by The Infusion Co. 2011 Ltd. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -168: Saint John City Market — Lease of Space Utilized by The Infusion Co. 2011 Ltd. Common Council: 1) Approve the release of space for the leased premises as outlined in the proposed Lease in the City Market with The Infusion Co. 2011 Ltd. under the terms and conditions as set out in the Letter of Release submitted with MC 2013 -168; and 2) Approve the lease of space the leased premises as outlined in the proposed Lease in the City Market with 670486 N.B. Inc. under the terms and conditions as set out in the Lease submitted with MC2013 -168; and further; 3) That the Mayor and Common Clerk be authorized to execute the lease. Question being taken, the motion was carried. 16.5 Stop -Up and Closure and Subsequent Sale of Vimy and Freedom Courts 16.5.1 Stop Up and Close Freedom Court (Proposed 1st and 2nd Reading) 16.5.2 Stop Up and Close Vimy Court (Proposed Third Reading) (Councillor Lowe withdrew from the meeting) On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the by -law entitled, "By -Law Number M -23 A By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John" regarding Freedom Court by adding thereto Section 230 immediately after Section 229 thereof, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John." 19 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 29, 2013/LE 29 JUILLET 2013 On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the by -law entitled, "By -Law Number M -23 A By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John" regarding Freedom Court by adding thereto Section 230 immediately after Section 229 thereof, 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 Respecting the Stopping Up and Closing of Highways in The City of Saint John." On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the by -law entitled, "By -Law Number M -23 A By -Law to Amend a By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John" with regard to Vimy Court by adding thereto Section 231 immediately after Section 230 thereof, be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number M -23 A By -Law to Amend a By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John ", was read in its entirety. On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the by -law entitled, "By -Law Number M -23 A By -Law to Amend a By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John" with regard to Vimy Court by adding thereto Section 231 immediately after Section 230 thereof, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number M -23 A By -Law to Amend a By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John ". (Councillor Lowe re- entered the meeting) 16.6 Parking Lot License Agreement On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report Parking Lot License Agreement the City enter into a Parking Lot License Agreement generally in the form submitted with the Saint John Parking Commission for the operation of the parking lot on the former Coast Guard site and that the Mayor and Common Clerk be authorized to execute the said License Agreement on the City's behalf. Question being taken, the motion was carried. 17. Committee of the Whole 17.1 Committee of the Whole: Recommended Appointments to Committees On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the Committee of the Whole, having met on July 29, 2013, Council makes the following appointments to Committees: Saint John Industrial Parks: to appoint John Warrington for a three year term from July 29, 2013 to July 29, 2016. 20 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 29, 2013/LE 29 JUILLET 2013 Harbour Station: Notwithstanding the policy adopted by Common Council on October 29, 2012 regarding appointments to agencies, boards and commissions, to re- appoint Barbara Hutton for a one year term from July 29, 2013 to July 29, 2014. Saint John Transit: to appoint Andrew Green for a term from July 29, 2013 until March 25, 2016; and to appoint Wendy Gallant for a term from July 29, 2013 until December 5, 2014. Saint John Parking Commission: to appoint John Campbell for a term from July 29, 2013 until April 29, 2016; and to appoint Ann Crozier for a term from July 29, 2013 until December 5, 2014. Saint John Community Arts Board: to appoint Michael Wennberg for a three year term from July 29, 2013 to July 29, 2016; to re- appoint Stephen Carson, Signe Gurholt and John Rocca for three year terms respectively from July 29, 2013 to July 29, 2016. Saint John Free Public Library: to accept the resignation of Councillor McAlary from the board due to a conflict with the terms of reference; to accept the recommendation from the Library to appoint Li Song for a three year term from July 29, 2013 to July 29, 2016; and notwithstanding the policy adopted by Common Council on October 29, 2012 regarding appointments to agencies, boards and commissions to re- appoint Jason Alcorn and Maryanne Lewell for a three year term from October 12, 2013 to October 12, 2016 respectively. Non - Profit Housing Committee: to accept the Rotary Club nominations of J.C. Robert Lockhart and Lisa A. Keenan for a three year term from July 29, 2013 to July 29, 2016. Stone Hammer Geopark: to appoint Mike Hugenholtz as a senior City staff appointment on the board for a three year term from July 29, 2013 to July 29, 2016 or until such time that he is no longer in his current position with Leisure Services. Question being taken, the motion was carried. 17.2 Committee of the Whole: Illegal Parking Lots (Councillor MacKenzie) On motion of Councillor Reardon Seconded by Councillor Lowe RESOLVED that as recommended by Committee of the Whole, having met on July 29, 2013, Common Council request that the City Manager along with the Parking Commission report back within two weeks on how many illegal as well as City operated parking lots there are within the following geographic area of Haymarket Square, and Paradise Row to Tin Can beach. Question being taken, the motion was carried. 18. Adjournment On motion of Councillor Farren Seconded by Councillor Lowe RESOLVED that the Common Council meeting of July 29, 2013 be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 8:00 p.m. Mayor / maire Common Clerk / greffier communal 21 REPORT TO COMMON COUNCIL M & C — 2013 -175 August 1, 2013 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Douglas Avenue (Bentley Street to Civic #228) Sanitary and Storm Sewer Renewal Project Temporary Construction Easement Portion of PID # 00358481— 263 Douglas Ave. BACKGROUND: Four residential properties located near the New Brunswick Museum on Douglas Avenue are connected to an existing City gravity sewer pipe that discharges untreated wastewater into the Saint John River. The Douglas Avenue (Bentley Street to Civic #228) - ,Sanitary and Storm Sewer Renewal Project involves the renewal of the existing combined sewer with new separate sanitary sewer and storm sewer as well as the construction of a new lift station to pick up the sanitary laterals for these four properties and re -route these flows to the City's Eastern Waste Water Treatment Facility. There is funding in the 2013 General Fund and Utility Fund Capital Programs to complete the work. In order to pick up the sanitary flows from Civic # 263 Douglas Ave., a temporary construction easement measuring 31.7 square metres +/- is required across a portion of PID # 00358481. Subject to Common Council approval, staff successfully negotiated agreement with Terrence Joseph Keating for the City's purchase of the required temporary construction easement at the total price of $1.00. A copy of the Temporary Construction Easement agreement is attached hereto. City of Saint John Report to Common Council - M &C 2013 -175 August 1, 2013 RECOMMENDATIONS: Page 2 That The City of Saint John acquire from Terrence Joseph Keating a temporary construction easement in a 31.7 square metre +/- portion of PID # 00358481 for the sum of $1.00,upon the terms and conditions contained in the Temporary Construction Easement document attached to M &C 2013- 175, and, 2. That the Mayor and Common Clerk be authorized to sign all necessary documentation. Respectfully submitted, Paul Wilson, BBA Real Estate Officen Greg Yinistrative s, CGA, MBA Commr of Finance and A Services Attachments rian Irving, BBA anager Real Estate at 'ck Woods, CGA Ci Manager statjon site Description of Plan: N.B. Museum —Douglas Avenue Area N PID: 00358481 263 Douglas Ave k PAN: 01660578 Date: 30 July 2013 A TEMPORARY CONSTRUCTION EASEMENT 7HlS AGREEMENT made this , day of BETWEEN: WHEREAS: 2013. TERRANCE JOSEPH KEATING 263 Douglas Avenue Saint John, New Brunswick E2K JES (the "Owner -) of the first part and — THE CITY OF SAINT JOHN P.O. Box 1971 Saint John, New Brunswick E21- 411 (the "City ") of the second part PID #358481 File #2985 (A) The Owner is the registered owner of lands situate in the Province of Ne Brunswic #358481 known as civic address 263 Douglas Avenue, in the City f Saint John, hereinafter known as the "Lands "; and w k being PID Y Saint John, in the County of fB) The City requires rights over and across that portion of the Lands designated "'Temporary Work Purpose of constructing and installing ) attached hereto e Schedule adjacent Douglas Avenue Lift Station,gsuthsantary lateral being for for the sanitary lateral to be connected to Owner; and the proposed g or the sole benefit of the (C) The Owner has agreed to give the City such rights as hereinafter set forth. IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED AGREE AS FOLLOWS: ED IN THIS AGREEMENT, THE PARTIES 1• The Owner, representing and warranting that he is the sole and absolute owner of the Lands, in to the Owner, the receipt and sufficiency of lawful mone hereby authorizes the ei b Y of Canada, now paid by the City Y of which is hereby acknowled to have the privileges as set outiherein ants, agents, employees Bed by the Owner, contractors and subcontractors Page 12 2. The City shall have the privilege and right at any time and from time to time during the term of this Agreement to enter upon, use and occupy that portion of the Lands shown as Temporary Work Area on Schedule "A" (the "Working Area ") with men, machinery and equipment to construct and install a sanitary lateral, for the Owner's purposes, to be connected to the adjacent Douglas Avenue Lift Station. 3. Without limiting the generality of the foregoing, the City shall have the privilege to remove any object in or on the Working Area interfering with the City's free and full enjoyment of the privileges hereby authorized and further including the movement of vehicles, machinery and equipment of all kinds on or over the Working Area. 4. The term of this Agreement shall be for a period commencing on the date of this Agreement and ending at 11:59 p.m. local time, December 31, 2014. 5. As soon as reasonably practical after completion of the construction and installation of the sanitary lateral to be connected to the adjacent Douglas Avenue Lift Station, the City at its own expense will remove construction debris from the Working Area and shall re- instate the Lands. The timing of the re- instatement shall be at the discretion of the City. 6. All notices to be given pursuant to this Agreement shall be by registered letter or couriered letter to the following addresses, or such other addresses as the parties may respectively from time to time designate in writing, and any such notice shall be deemed to have been given to and received by the addressee five (5) days after the mailing thereof, postage prepaid and registered: Owner: Terrance Joseph Keating Address: 263 Douglas Avenue, Saint John, NB, E2K 1E5 City: The City of Saint John Attention: The Common Clerk Address: P.O. Box 1971, Saint John, NB, E2L 411 7. The Owner agrees to notify any potential purchasers of the Lands of the existence of this Agreement and agrees to notify the City in writing forthwith upon any conveyance, sale or other transfer of any interest in all or part of the Lands and provide the name(s) and addresss(es) of the new owner(s). 8. The Owner agrees to notify any tenant(s) and /or licensees) of the Working Area of this Agreement and will ensure that any such tenant(s) and /or licensee(s) shall not interfere with the privileges herein. P aP,e } 3 IN WITNESS WHEREOF the party of the first part has hereunto set his hand and seal and the party of the second part has hereunto affixed its common seal attested to by the hands of its proper officers in that behalf. SIGNED, SEALED AND DELIVERED in the presen of: Witness: Terr nce Joseph Keating THE CITY OF SAINT JOHN Per: Mayor Per: Common Clerk Common Council Resolution: , zo1 i r 1 I ! 22' LONG RADIUS PVC BENDS PROPOSED 'TEMPORARY WORK AREA = 31.7m2 ,g r I 358481 I DANCE JCS ING I � r I I D i µ$ ppiD 1pICn , 4f r. r1. f � � r � , I cr C) jf. j' rf fl I rr rr ,� ff 26 �� I P 7945 rf ON REAL E r ri l r r'r fr rr -I DOUGLAS AVENUE CITY OF SAINT JOHN NEW BRUNSWICK DOUGLAS AVENUE PROPOSED TEMPORARY WORK AREA PLAN rrr,� PROJ. # SCALE: 09 -2340 ELATE: rf � It CITY OF SAINT JOHN NEW BRUNSWICK DOUGLAS AVENUE PROPOSED TEMPORARY WORK AREA PLAN rrr,� PROJ. # SCALE: 09 -2340 ELATE: U NE JUNE 2013 DILLON DRAWN: JFL FIGURE CONSULTING 3 REPORT TO COMMON COUNCIL M & C — 2013 -174 August 1, 2013 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Douglas Avenue (Bentley Street to Civic #228) Sanitary and Storm Sewer Renewal Project Temporary Construction Easement Portion of P1D # 55172860 — 247 Douglas Ave. BACKGROUND: R 3`r'i City of Saint John Four residential properties located near the New Brunswick Museum on Douglas Avenue are connected to an existing City gravity sewer pipe that discharges untreated wastewater into the Saint John River. The Douglas Avenue (Bentley Street to Civic 4228) - Sanitary and Storm Sewer Renewal Project involves the renewal of the existing combined sewer with new separate sanitary sewer and storm sewer as well as the construction of a new lift station to pick up the sanitary laterals for these four properties and re -route these flows to the City's Eastern Waste Water Treatment Facility. There is funding in the 2013 General Fund and Utility Fund Capital Programs to complete the work. In order to pick up the sanitary flows from Civic # 247 Douglas Ave., a temporary construction easement measuring 41.5 square metres +1- is required across a portion of PID # 55172860. Subject to Common Council approval, staff successfully negotiated agreement with 630820 N.B. Inc. for the City's purchase of the required temporary construction easement at the total price of $1.00. A copy of the Temporary Construction Easement agreement is attached hereto. Report to Common Council - M &C 2013 -174 Page 2 August 1, 2013 RECOMMENDATIONS: 1. That The City of Saint John acquire from 630820 N.B. Inc. a temporary construction easement in a 41.5 square metre +/- portion of PID # 55172860 for the sum of $1.00,upon the terms and conditions contained in the Temporary Construction Easement document attached to M &C 2013 -174, and, 2. That the Mayor and Common Clerk be authorized to sign all necessary documentation. Respectfully submitted, Paul Wilson, BBA Real Estate Office4 Gre and Attachments , CGA, MBA of Finance Gtive Services a Brian 'ng; BBA �r Manager Real Estate a ck Woods, CGA Manager Description of Plan: N.B. Museum — Douglas Avenue Area N PID: 55172860 A 0 PAN: 01657240 247 Douglas Ave Date: 30 July 2013 TEMPORARY CONSTRUCTION EASEMENT THIS AGREEMENT made this day of _ . 2013. BETWEEN: 630820 N.B. INC. 1 Germain Street Saint John, New Brunswick E21-4V1 (the "Owner ") of the first part and — THE CITY OF SAINT JOHN P.O. Box 1971 Saint John, New Brunswick E21- 41-1 (the "City ") of the second part WHEREAS: PID #55172860 File #2985 (A) The Owner is the registered owner of lands situate in the Province of New Brunswick being PID #55172860 known as civic address 247 Douglas Avenue, in the City of Saint John, in the County of Saint John, hereinafter known as the "Lands "; and (B) The City requires rights over and across that portion of the Lands designated "Temporary Work Area" on the sketch (Project No. 09 -2340 Figure 1) attached hereto as Schedule "A" for the purpose of constructing and installing a sanitary lateral to be connected to the proposed adjacent Douglas Avenue Lift Station, such sanitary lateral being for the sole benefit of the Owner; and (C) The Owner has agreed to give the City such rights as hereinafter set forth. IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED IN THIS AGREEMENT, THE PARTIES AGREE AS FOLLOWS: 1. The Owner, representing and warranting that it is the sole and absolute owner of the Lands, in consideration of the sum of One Dollar ($1.00) of lawful money of Canada, now paid by the City to the Owner, the receipt and sufficiency of which is hereby acknowledged by the Owner, hereby authorizes the City, by its servants, agents, employees, contractors and subcontractors to have the privileges as set out herein. Page 12 2. The City shall have the privilege and right at any time and from time to time during the term of this Agreement to enter upon, use and occupy that portion of the Lands shown as Temporary Work Area on Schedule "A" (the "Working Area ") with men, machinery and equipment to construct and install a sanitary lateral, for the Owner's purposes, to be connected to the adjacent Douglas Avenue Lift Station. 3. Without limiting the generality of the foregoing, the City shall have the privilege to remove any object in or on the Working Area interfering with the City's free and full enjoyment of the privileges hereby authorized and further including the movement of vehicles, machinery and equipment of all kinds on or over the Working Area. 4. The term of this Agreement shall be for a period commencing on the date of this Agreement and ending at 11:59 p.m. local time, December 31, 2014. 5. As soon as reasonably practical after completion of the construction and installation of the sanitary lateral to he connected to the adjacent Douglas Avenue Lift Station, the City at its own expense will remove construction debris from the Working Area and shall re- instate the Lands. The timing of the re- instatement shall be at the discretion of the City and will be completed within eight (8) weeks of the completion of the construction of the sanitary laterals. 6. All notices to be given pursuant to this Agreement shall be by registered letter or couriered letter to the following addresses, or such other addresses as the parties may respectively from time to time designate in writing, and any such notice shall be deemed to have been given to and received by the addressee five (5) days after the mailing thereof, postage prepaid and registered: Owner: 630820 N.B. Inc. Address: 1 Germain Street, Suite 1500, Saint John, NB, E21_4V1 City: The City of Saint John Attention: The Common Clerk Address: P.Q. Box 1971, Saint John, NB, E2L 4L1 7. The Owner agrees to notify any potential purchasers of the Lands of the existence of this Agreement and agrees to notify the City in writing forthwith upon any conveyance, sale or other transfer of any interest in all or part of the Lands and provide the name(s) and addresss(es) of the new owner(s). 8. The Owner agrees to notify any tenant(s) and /or licensee(s) of the Working Area of this Agreement and will ensure that any such tenant(s) and /or licensee(s) shall not interfere with the privileges herein. Page j3 IN WITNESS WHEREOF the party of the first part has hereunto affixed its corporate seal attested to by the hand of its proper officer in that behalf and the party of the second part has hereunto affixed its common seal attested to by the hands of its proper officers in that behalf. SIGNED, SEALED AND DELIVERED } 630820 N.B. INC. in the pre ence o j ` ) Per: Witness: ) } ) THE CITY OF SAINT JOHN Per: Mayor } Per: Common Clerk Common Council Resolution: 201 ! PROPOSED TEMPORARY WORK j AREA = 41.5m' f I DOUGLAS AVENUE, Ca 0 f s1 x -Pig 55172860 3082 C. 247 l 1 1 1 1 CITY OF SAINT JOHN NEW MUNSMCK DOUGLAS AVENUE PROPOSED TEMPORARY WORK AREA PLAN PROJ. # 09 -2340 1�1N SCALE: JJNE NE DATE: U 2013 DRAWN. JEL DILL ON FIG UR'F CONSULTING 1 i REPORT TO COMMON COUNCIL M & C — 2013 -173 August 1, 2013 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Douglas Avenue (Bentley Street to Civic #228) Sanitary and Storm Sewer Renewal Project Sanitary Lift Station and Gravity Sewer Easement Portion of PID # 00377937 - Province of New Brunswick BACKGROUND: Four residential properties located near the New Brunswick Museum on Douglas Avenue are connected to an existing City gravity sewer pipe that discharges untreated wastewater into the Saint John River. The Douglas Avenue (Bentley Street to Civic #228) - Sanitary and Storm Sewer Renewal Project involves the renewal of the existing combined sewer with new separate sanitary sewer and storm sewer as well as the construction of a new lift station to pick up the sanitary laterals for these four properties and re -route these flows to the City's Eastern Waste Water Treatment Facility. There is funding in the 2013 General Fund and Utility Fund Capital Programs to complete the work. The small sanitary lift station is proposed to be constructed on a portion of Provincial land (PID # 00377937). This land is situated between civic numbers 249 and 261 Douglas Avenue and consists of an undeveloped portion of the New Brunswick Museum site, through which the existing sanitary sewer to the Saint John River was constructed many years ago. There is no record of a formal easement having ever been obtained for this existing sewer pipe. The N.B. Department of Transportation and Infrastructure is willing to sell a 116 square metre freehold portion of PID 4 00377937 to the City for the construction of said sanitary lift station and associated sewer piping, together with a 706 square metre + {- Municipal Services Easement sewer pipe for the total price of $1,601.16 + HST if applicable (being $1,248.16 for the freehold and $353.00 for the easement). - kn City of Saint John Report to Common Council - M &C 2013 -173 August 1, 2013 Page 2 A copy of the Agreement letter is attached hereto, along with a copy of the tentative Subdivision plan prepared by Kierstead Quigley and Roberts Ltd. City Real Estate Services are of the opinion that the price reflects fair market value. RECOMMENDATIONS: 1) That the City of Saint John acquire from the Province of New Brunswick: A) A 116 square metre freehold portion of lands designated as PID # 00377937 shown on the tentative subdivision plan attached to M &C 2013- 173 for the sum of $1,248.16 + hst if applicable, and B) A Municipal Services Easement in and through lands designated as PID 4 00377937 along the routing as generally shown on the tentative subdivision plan attached to M &C 2013 -173 for the sum of $353.00 + list if applicable, and 2. That the Mayor and Common CIerk be authorized to execute all necessary documents. Respectfully submitted, Paul Wilson, BBA Real Estate Officer /nz GGrronrerof CGA, MBA Co Finance and A cVninistrative Services Attachments Brian Irving, BBA Manager Real Estate , kA at ick Woods, CGA Ci Manager Service New Brunswick Map Scale I Echelle cartagraphique 1 : 2206 While this map may not be free from error or omission, care has been taken to ensure the best possible quality. This map is a graphical representation of property boundaries which approximates the size, configuration and location of properties. It is not a survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area. Meme si cette carte n'est peat -titre pas libre de toute erreur ou omission, toutes les precautions ont et6 prises pour en assurer la meilleure qualite possible. Cette carte est une representation graphique approximative des terrains (limites, dimensions, configuration et emplacement). Elle n'a aucun caractere officiel et ne doit done pas servir a la redaction de la description off icielle d'un terrain ni au calcul de ses dimensions exactes ou de sa suoerficie N A New A B �unsw�cNouveau k C A N A D A July 23, 2013 File No. 11 -011 Mr. Paul W. Wilson Real Estate & Planning City of Saint John PO Box 1971 Saint John, NB E2L 41_1 Dear Mr. Wilson: RE: Fee Simple Title and Easement, portion of PID 377937, Douglas Avenue, Saint John This is with regard to the City's request to obtain an Easement and Fee Simple Title to property located on Douglas Avenue, Saint John, N.B. Please be advised that approval has been received to convey a parcel of land for a new wastewater lift station and an Easement to the City of Saint John for $1,601.16. Please proceed to obtain approval of Common Council in order that the transaction may be finalized. Sincerely, L -4 Cam- Leah Essensa, Assistant Director Property Services Branch /pb Transportation /Transports P.O. Box /C.P. 6000 Fredericton New Brunswick /Nouveau- Brunswick E3B 5H1 Canada C, OMMON TeUTelephone: (506) 453 -2221 FaxlTe16copieur: (506) 444 -5653 Visit us at our web site: Visitez noire site Web: www.gnb.ca122211 www.gnb.cal22211index -f asn General Website www.gnb.ea y1 � 3. •m o a.tu A� c v o 6 ®° zP O 'y �Vm OS X30 � E� d N d e _ a F' - Ua 0 Ti r7 YE, Fill - ag P o 9a° o '^ _�- of "o adz o E E a 0 h ZM� 11 a Q m l II a w 4 u� 67 � � 4 4 N - 6i,�.�i Q n w i ova �mo Z d -z if %P +� s �JSU � u nWE o O c Ua r7 YE, `or°cL°�oT O'er" z _�- Q C ° 0it m Q LU .� 61 _ Z3 w~ V W m C: _ _ wa���� �0_ Inwa�oo.±,�„ W -5 c Q u �r m,. an 'x i P J i 0 Lr �a �I SC0000'1 = ml .-S n� M �or� boa RaM,�A �� 4 cti dye � g '7 YE, P J i 0 Lr �a �I SC0000'1 = ml .-S n� M �or� boa RaM,�A �� 4 cti dye � g '7 !!� q REPORT TO COMMON COUNCIL i( 6 M & C — 2013 —171 City of Saint John July 26, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Easement Granting City to PNB, Peel Plaza /Justice Building A component of the Provincial Justice Complex and the City of Saint John Police Head Quarter design was an underground passage that will allow for the transfer of the justice system's clients between the two facilities. As part of the City's transfer to the Province of New Brunswick for that portion of land it required for the Justice complex, the City had reserved an easement to construct an underground tunnel for the movement of persons. The tunnel is built, however the province requires an easement for the portion of the tunnel which is located within City owned lands in order for the flow of said clients to occur Iegally. Please find a sketch attached which outlines the easement to be granted to the Province of New Brunswick (Parcel B). The easement is recommended to be granted for $1.00. RECOMMENDATION: That the City grant, for the nominal sum of $1,00, to the Province of New Brunswick, an easement for the movement of persons to, from and between the Police Headquarters and the Justice Law Court Facility and further that the Mayor and Common Clerk be authorized to execute any necessary document to effect the granting of easement.. M & C -- 2013 171 - 2 - July 26, 2013 Respectfully submitted, Brian Irving, BBA Manager Real Estate Services i ans, CGA, MBA F'inakV& Administrative Services :v J. P trick Woods, CGA Ci Manager BI:111 NO ,hp Flon of Survey Peel Plaza Unde,g—nd Easement P.—I. 'A' and W, o City f S.;nt John. c ountf of Snint John. P--e of N— HI.—irk m X V IMT M; + Nl� IM Z= Z Z m Mz. Z N K., =1 2*1 Z % N _mZ — lo Mz- —MV�Z I— Imm" — = Nz iz g:� p. ii I E Z T, tu mm M "g. N Ix MM:N 7. 4T 9 Z Z Z al 1: -1 + Z M Z w�- 13 11 W Z NO ,hp Flon of Survey Peel Plaza Unde,g—nd Easement P.—I. 'A' and W, o City f S.;nt John. c ountf of Snint John. P--e of N— HI.—irk REPORT TO COMMON COUNCIL M &C -2013 —172 July 31, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Rescheduling of Public Hearing 142 Harrington Street e City of Saint John At its July 29, 2013 meeting, Common Council scheduled the public hearing for the Section 39 amendment application of Stepping Stones Fundy Region Inc. (142 Harrington Street) for Tuesday, September 3, 2013 and referred the application to the Planning Advisory Committee for a report and recommendation. The applicant's representative has since advised that she will be away at that time and has asked that the public hearing be rescheduled for a later date. The next Council meeting at which public hearings will be held is Monday, September 30, 2013. The applicant's representative has confirmed that she can be present on that date. The applicant's request was received in sufficient time to cancel the required newspaper notice for a September 3rd hearing and, as a result, rescheduling of the hearing to September 30th will not result in any additional newspaper advertising costs. Staff have no objection to the applicant's request. RECOMMENDATION: Your City Manager recommends that as requested by the applicant, Common Council cancel the scheduled September 3, 2013 public hearing for the Section 39 amendment application of Stepping Stones Fundy Region Inc. (142 Harrington Street) and reschedule the public hearing for Monday, September 30, 2013 at 6:30 p.m. in the Council Chamber. Respectfully submitted, Amy Poffenroth, P. Eng., MBA Acting Commissioner Growth & Community Development Services i, J. Patrick Woods, CGA City Manager .6 REPORT TO COMMON COUNCIL His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Cornet from King's Square Bandstand PURPOSE 0 The City of Saint john The purpose of this report is to seek Council approval to donate the cornet from the King's Square bandstand to the New Brunswick Museum. BACKGROUND As Council is aware, the King's Square Bandstand was recently refurbished by two generous donors: Mr. John Irving and Dr. Richard Currie. During the refurbishment process, it was discovered that the original cornet could not be placed back on the bandstand as it was beyond repair. It was the wish of the donors that the cornet be given to the New Brunswick Museum for public display. The museum graciously accepted and was given the cornet during the grand opening of the refurbished bandstand. Staff is recommending that Common Council adopt a resolution to formalize the donation of the cornet to the museum. RECOMMENDATION It is recommended that Common Council adopt the following resolution: RESOLVED that Common Council donate the cornet from the King's Square bandstand to the New Brunswick Museum; and further, that the Mayor and Common Clerk be authorized to execute the appropriate documentation. Respectfully submitted, .I atrick Woods, CGA Manager \T1= CG' BRL NISWICK MUST-l"'.14 Musa m, NOLrvE ku-BRL'NsvmCK LOAN AGREEMENT Receipt Inward NAME: City of Saint John ADDRESS: 15 Market Square PO Box 1971 Saint John, New Brunswick E2L 4L TELEPHONE: (506) 658 -4455 FAX. u/a FOR THE PURPOSE OF. GIFT CONSIDERATION —XX_ BEQUEST CONSIDERATION _.._.._ PURCHASE CONSIDERATION EXHIBITION CONSERVATION DATE RECEIVED BY THE NEW BRUNSWICK MUSEUM: DATE TO BE RETURNED TO THE OWNER (IF APPLICABLE): IDENTIFYING NOS. OBJECT /SPECIMEN(S) VALUE None cornet from King Square bandstand n/a PLEASE SIGN AND RETURN ONE COPY TO THE NEW BRUNSWICK MUSEUM. THANK YOU FOR THE NBM: FOR THE OWNER: DATE: 277 Douglas Avenue, Saint John, New Brunswick, Canada E2K I E5 E 277, avenue Douglas, Saint john (Nouveau- Brumwick) Canada E2K I E5 Tel. (506) 643 2300 Fax (506) 643 2360 !i Tel. (506) 643 2300 Te16copie (506) 643 2360 1° G'h i]�r�n's t�lr'sh vQs d',en�gnIs July 31, 2013 Mayor & Council 15 Market Square PO Box 1971 . Saint John NB E2L 4L1 Dear Mayor & Council, COMMON CLERK'S OFFICE AUG, a 5 2013 CITY OF SAINT JOHN The Children's Wish Foundation of Canada La Fondation Rgves d'Enfants On September 6, 2013, up to 10 local businesses will be participating in Exile Island Saint John in support of The Children's Wish Foundation. I am writing you today to respectfully ask for your support by providing Barrack Green Field & Barrack Green Football located at 60 Broadview Ave at no charge for this annual Event. The Children's Wish Foundation's Exile Island is New Brunswick's unrivalled corporate challenge fundraiser. Castaways will be exiled to Outsmart, Outplay and Outpledge. Saint John's ultimate survivors will be awarded the coveted immunity idol; however, each tribe will take pride in knowing their efforts granted a child his or her special wish! Exile Island was introduced to New Brunswick in 2010. In the introductory year, the event was an incredible success and since has raised over $150,000 across New Brunswick!! Tribes are made up of a captain and three castaways and are tasked with raising a minimum of $5,000. Children's Wish is dedicated to providing an once- in-a- lifetime experience to children between the ages of 3 and 17 diagnosed with a life - threatening illness. We have granted 19,000 wishes for children and their families and fulfill more than 1,000 wishes annually. Last year in New Brunswick, 49 wishes were granted and the Foundation is currently bringing 71 wishes to life across the province at an average cost of $10,000 each. With your support, we will be able to eliminate venue expenses and therefore more fundraising dollars will go directly towards creating the magic of a wish. Thanks fors ur consideration, Gina Reid Development Coordinator, First Party Events The Children's Wish Foundation of Canada NB /Chapter NEW BRUNSWICK CHAPTER - 222 - 580 Main SL &int John, NEB E2 1J5 T: 506-632-0099 F :306-635 -6924 1- 800 -267 -9474 nb4chi1drensw19h.r8 DIVISION NOUVEAU-BRUNSWICK - 222 - 580 rue Main, Saint John, (NB) E2K 1J5 T6I: 506-632-0099 T616c.: 506. 63"924 1.800 -267 -9474 nbOrevasdenfanm is &jsee% Nurntw (ON) . 13403 6878 RRMI • Nunwo (rentnepnse [NLj www. ch ii d rye nswish . ca www. re vesd e n fa n ts. ca Rental Contract/invoice Contract #. 7835 User: ill Status: Tentative The City of Saint John Leisure Services, PO Box 1971, Saint John, NB E21- 4L1 hereby grants Children's Wish Foundation (hereinafter called the "Licensee ") represented by Gina Reid, permission to use the Facilities as outlined, subject to the Terms and Conditions of this Agreement contained herein and attached hereto all of which form part of this Agreement. i) Purpose of Use Baseball /Softball Special Event Exile Island - Fundraiser ii) Conditions of Use MAKE ALL PAYMENTS TO THE CASHIER PAYMENT CENTRE, SHOPPES OF CITY HALL (next to elevators). iii) Date(s) and Timets) of Use # of Bookings: 2 Starting: Fri 06 Sep 13 11:00 AM Ending: Fri 06 Sep 13 06:00 PM Facility Day Start Date Start Time End Date End Time Fee Extra Fee Tax Total Barrack Green Field - Diamond Fri 06 Sep 2013 11:00 AM 06 Sep 2013 06:00 PM $66.37 $0.00 $8.63 $75.00 Barrack Green Field - Football Fri C6 Sep 2013 11:00 AM 06 Sep 2013 06:00 PM $66.37 $0.00 $8.63 $75,00 v) Payment Method All payments can be made at the Payment Centre - Shoppes of City Hall. Credit card payments can be made by telephone to the Finance Department 658 -2926. When making payment please have your Rental Contractllnvoice number available for reference. Rental Fees Extra Fees Tax Rental Total Damage Deposit Total Applied Balance Current $132.74 $0.00 $17.26 $150,00 $0.00 $0.00 $150.00 $0 00 vi) Other Information The undersigned has read and on behalf of the Licensee agrees to be bound by this Pern-rUContract and the Terms and Conditions contained herein and attached hereto, and hereby warrants and represents that he/she executes this PermiVContract on behalf of the Licensee and has sufficient power, authority and capacity to bind the Licensee with his/her signature. X: Gina Reid Children's Wish Foundation Saint John NB Date: Page 1 Saint Jahn SPCA Animal Rescue 295 Bayside Drive, Saint John, NB, ED 1B1 • Phone 642 -0920 * Fax 634 -6101 7 August 2013 Mayor and Council City of Saint John PO Box 1971 Saint John NB Your Worship and Council: SUBJECT: SIGNAGE ON CITY PROPERTY — REQUEST FOR EXEMPTION The Saint John Shelter Ltd. (SPCA) has a five year agreement in place for providing dog control and licenses for our contractor, the City of Saint John. One of the mandates of our agreement is to promote licensing of dogs. One of our advertising mediums is through having signs posted in prominent places. The signs outline the importance of a license that is it your "dog's ticket home, the fees and the shelter hours of operation." There are currently three standup signs posted on city property. They are 4 feet x S feet and are positioned at Crown Street overpass, the top of Garden Street and Samuel Davis Drive where Sandy Point Road meets and on our own property 295 Bayside Drive. We are requesting for exemption of removal of these signs due to the terms of our Animal Control Agreement dated September 17, 2012. We would like to continue to advertise a city program on the three designated city properties and stress the importance of having your dog licensed in the City of Saint John. Thank you in advance for taking our request under consideration and assisting us continuing to bring awareness to the importance of dog licensing. Respectfully yours, Melody McElman, Presi nt Saint John SPCA Animal Rescue (Saint John Animal Shelter) OPT TO ADOPT — HELP SA TAE A LIFE PROCLAMATION WHEREAS: Port City Rainbow Pride Inc. has been established and is dedicated to supporting and empowering people of all sexual orientations and gender identities in participating and contributing to the Greater Saint John Community, including celebrating diversity, educating the Greater Saint John Community on such issues as discrimination, violence and harassment and promoting awareness, inclusivity and equality for all; and WHEREAS: people of Gay, Lesbian, Bisexual, Transgendered, Transsexual, Two - -Spirited, Intersexed and Queer community contribute significantly to the social /cultural life and economic well -being of the City of Saint John; and WHEREAS: this community is proud to celebrate not only within its own community, but also invites citizens from the larger community of the city to celebrate with them; and WHEREAS: The eleventh annual Pride Week Festival in Saint John will be held August 11th to 17th, 2013 under the banner "Port City Rainbow Pride Week "; and NOW THEREFORE: I, Mayor Met Norton, John do hereby proclaim the week of August 11th to Greater Saint John Pride Week Festival" of Saint 17th, 2013 as "The In witness whereof I have set my hand and affixed the officio the Mayor of the City of Saint John. o ,, BY -LAW NUMBER M -23 A BY -LAW TO AMEND A BY -LAW RESPECTING THE STOPPING UP AND CLOSING OF HIGHWAYS IN THE CITY OF SAINT JOHN ARRETE No M -23 ARRETE MODIFIANT L'ARRETE SUR L'INTERRUPTION DE LA CIRCULATION ET LA FERMETURE DES ROUTES DANS THE CITY OF SAINT JOHN Be it enacted by the Common Council of Lors d'une reunion du conseil communal, The City of Saint John as follows: The City of Saint John a decrete cc qui suit: I A by -law of The City of Saint John entitled, "A By -law Respecting The Stopping Up and Closing of Highways In The City of Saint John ", enacted on the nineteenth day of December, A.D. 2005, is hereby amended by adding tbereto Section 230 immediately after Section 229 thereof, as follows: 230 The City of Saint John does hereby stop up and close permanently the following highway: FREEDOM COURT: in its entirety, a public street in the City of Saint John in the County of Saint John and Province of New Brunswick, as shown on a Plan of Survey titled, "Plan of Survey Showing Freedom Court, City of Saint John, Saint John County, New Brunswick ", prepared by Hughes Surveys & Consultants Inc. and dated March 16, 2012 attached hereto IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the day of , A.D. 2013 . and signed by: 1 Par les presentes, Parr&& de The City of Saint John intitule, « L'arr&6 sur Pinterruption de la circulation et la fermeture des routes Bans The City of Saint John », decrete le 19 decembre 2005, est modifie par I'ajout de Particle 230 immediatement apres Particle 229, comme suit: 230 Par les presentes, The City of Saint John barre et ferme de faron permanente la route suivante : COUR FREEDOM. Uintdgralite d'une rue publique dans The City of Saint John, comte de Saint John, dans la province du Nouveau - Brunswick, comme le montre le plan d'arpentage intitule « Plan d'arpentage indiquant la cour Freedom, City of Saint John, comte de Saint John, Nouveau - Brunswick », prepare par Hughes Surveys & Consultants Inc. et data du 16 mars 2012, ci joint. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2013, avec les signatures suivantes : Mayor /Maire Common Clerk/Greffier communal First Reading - July 29, 2013 Premiere lecture - le 29 juillet 2013 Second Reading- July 29, 2013 Deuxieme lecture - le 29 juillet 2013 Third Reading - Troisieme lecture - 7 65 700 r4 � I Y I --� ". o f � j1/ t� l fnOS� Cf1C�� < cour 1 P1.D. /ICED. 55160410 see /voir Plan No. 15153738 I 02 -01 New Brunswick Housing Corporation Property I + Propridt6 So66t6 d'habitotion 1 I du Nouveau — Brubswick L } Doc. 15199624 Reg. /Eng, 2002 -10 -36 } 4 I I } I,I � ..... .... .� /c�p� It I } / I '1 .e 7 cour r s P.I.O. /N.l.D. 551fi0428 ee /•rbir Pia, No. 15153738 p C2 -02 R New Brunswick Housing Corporation Property Propri €tE Soci €t8 d'hobitation O du Nouveau — Brubswick Doc. 15199426 Ra En 2002 -10 -16 � g./ 9 G ¢ Freedom Court a Public Street 00411576 City of Saint John Property Propri6te Vino de Saint John our roe am une rue pu Ique i 005 m 2 Rod. /Ray. -3.38 Arc-5.32 56t aaz Ch. /CO.- 4.79 68' 12' 30' Arc Rad. /Ray. -6,10 Ch. Ai. /CO. A7. -43' 12' 20" /1: -1 18.53 Cn -7.0 .13 - -! 1559 eaa cC. CM1 AzCc A-167' 42' (ID" 7 305 �o ft00 ./ - Go J� 06 5d ,A 699 ,({\ 3a,a e Q 6 f-QV� 4406 \1 3P De G6�fV +l '�i I - _ -_ -_- I I- _ l 1R / �b•1 p qf, is 7 365 IC3 Co- Ordinate du Nouveau J p�� ,C ,' ..Reg on+',Aa rnt•� �;. % Y Rmks. 1557 2 533 D90.779 7 364 977.427 Key Plan /Corte de rdfdrenco [- Halle /scale 1 15,000 }Legend /Ldgende Registration Data /Information d'enregistrement 00411576 City of Saint John Property Propri6te Vino de Saint John our roe am une rue pu Ique i 005 m 2 Rod. /Ray. -3.38 Arc-5.32 56t aaz Ch. /CO.- 4.79 68' 12' 30' Arc Rad. /Ray. -6,10 Ch. Ai. /CO. A7. -43' 12' 20" /1: -1 18.53 Cn -7.0 .13 - -! 1559 eaa cC. CM1 AzCc A-167' 42' (ID" 7 305 �o ft00 ./ - Go J� 06 5d ,A 699 ,({\ 3a,a e Q 6 f-QV� 4406 \1 3P De G6�fV +l '�i I - _ -_ -_- I I- _ l 1R / I New Liste des Brunswick Grid coordonnees geodesiques Co- Ordinate du Nouveau Values - Brunswick Sto. % Y Rmks. 1557 2 533 D90.779 7 364 977.427 Plan 15153738 }Legend /Ldgende 1556 2 533 106.929 7 364 998.81' Plon 15153736 1559 2 533 106743 7 366 004.789 Plan 15153738 ....... Feaw /stature ................ slwdme /Slrwaare 1560 1561 2 533 119,124 2 533 110,019 7 355 004.895 7 365 006277 C.C. Pia, 15153738 o -k- - ra i= /tic lr 1'4 /nd.au hyar¢ / ftl d'ul'l id 1562 2 533 128,541 7 365 008.856 Pion 95953738 • Ra d I 8a F rA/Dq da ter ranee trourbe 4 ..........,. C¢ICUkiea co- Or4lnate pmnt /amen a. cas.a¢nn,fes wla,Aen 1563 1564 2 533 129.207 2 5`3 131.124 7 365 002,796 7 364 9'7.009 C.C. Plan 1595.3 ..., Sto d ra 5un Y .4/BOrne e'orpent¢ye ungarma placbe 3610 2 533 089.215 7 364 990.221 Plon 15153738 e is -- .E. u me.t /u..�..e�t du r6eeau alaaE.lgae au N.B. 3862 2 533 329.072 7 364 814.097 N.B. Man. /Mon. NB umne ae rve -- 1 M party une/ ams: ae pr 0. 4 adld.wM. 3863 2 533 373.1117 7 364 439.621 N.P Man. /Mon NB ...... Tabulated ce araa- P,w /pains aaa .4 to .4 3663 2 532 fi55.069 7 364 746.135 N.B. Mon /Man. WB _ _ _ _ ............... uuaty EaasmeM/serMud. de -es+me 20116 28160 2 533 189.617 2 635 354.190 7 365 566.876 7 363 18 &696 N.B. Mon. /Man. NS N.B. Man. /Man. NB ® ...................... St-d .ra surwv unrh� -. Pyvdafeamn a'¢rp.nt¢ge unlro l-o - O ...................... Iro. a;Pe d,,. ¢r A ...................... Square San B F- tl1,oun ae rer c¢rr<a b Tmrersa es i "Ilk/1,111 Ea c¢nL41r tle -.1-art Scale Factor applied /FCateur d''Achelle oo Wr6. utilise 1 000031 7 364 900 B Q No. 192590 9 q r.. see /voir File /das4ier 26 no. 31 1 ) DirenBOns are N. B. Grid azimuths dented Tram ohservotvns an N. B Marrs. 3862 3863, 88 20116 and 28160 (NAD83 CSRS HPN M-) ) I ) L or t I ;ant d 2 mots du syAta a gdadesique du M.0_ d4ri is d b iior d Hum nls 386; 3663, 3883, 20116 at 28160 (NA083 CRS Vol_urs RHP) 7 ) All 44ian- are in metre= In convart to imperia3 equivalents divide by 0.304E . 2) Les di tau es soot en metres.. Veualez divteer lea vd!turs metriquss par 0.3048 pour obta,ir I'6qu; -Wncs impenale . 3) Area of survey outlined thus s- - -- o , peripheral information compiled from vodous sources 3) Lo region arPented ast ra -tree uinsi o- - c I'intormation periph nque ful compile, de diverses sources 4) A:I document and pion references refer to Registry Off- for t d n. county 4 j d , r4f 4 G , detiv do- umeendes etYdes pinns -al du Bvreou 5) Field .—y ampleled n May 18, 2010 5 j Carpenl 9 r Is. eho t'er f0t compW4 le 18 2010 6) All eomp t i s perf d and ourn d t —ho." the plan re bo d o New Brunsw ck 5t r g ph Doubt P 1. tian a d the HAD8 ?(CSRS) Ellp d s r l d b So- Now Elo -oricN Hgh P N.two k coodnate JY y i 6) 4e al t I c d. a s ma tes s peon sanl basds sur la p ja t irS g h q cl N tl N. u Brunswick et Fssedu�de NHaut(CP ®cision!edasuo determ tle po'yiessrrordonnz'? Nt • vveou- Brunswick raonumen ice Plan Of Survey /Fan d'Arpentage Showing Freedom Court , Montrant Cour Freedom , City of Saint John , Ville de Saint John , Saint John County New Brunswick . Comte de Saint John , Nouveau— Brunswick . Certified Correct /Cert'ri0 or-t HUGHES EY & Ca SiVLTA TS INC. Surveyed by/ 16 Mar. 16 2012 Arpante par mars 2012 John E. Calvin 353 Date New Erunswia�d Su- r /Arpenteur q—, tre du Nouveau- Brunswick 10 10 2C 30 40 1:500 metres Deg. Xa. /na. assn- ws N.!NO. ask eo_lke. 2;eouelee f=i! is 1: August 6, 2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Amendment to Speaking Time Limits for Committee of the Whole Meetings Background: Council's Procedural By -law does not limit the number of times or length of time a member may speak to a motion in Committee of the Whole. In a regular session Council meeting, however, members may speak to a motion twice for a maximum of three minutes each time. I propose that in an effort to increase the efficiency of Committee of the Whole meetings, Council amend its Procedural By -law to place the same restrictions on member's speaking times /frequency in Committee of the Whole meetings as applicable to a regular meeting. Motion: RESOLVED that the Procedural By -law be amended so that a Council member be limited to speaking on a main motion not more than two times for a maximum of three minutes each time. Respectfully Submitted, Donna Reardon Councillor (Ward 3) City of Saint John (received via email) l� - VU SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 vvvwvsaintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 54 is 1: August 7, 2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Request to Present from Multicultural Association of Saint John Inc. Background: I received the attached letter from Melana Iverson, the Executive Director of the Multicultural Association of Saint John Inc., requesting to present Common Council to bring awareness to their mandate, mission and purpose. Motion: That the request to present from the Multicultural Association of Saint John Inc. be referred to the clerk for scheduling. Respectfully Submitted, (Received via email) Greg Norton Councillor —Ward 1 City of Saint John l� - VU SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41_1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 55 �SS0C1AT101y OF 'U'1'l ayJ 0S U • .2 • Honorable Councilor Greg Norton August 7, 2013 In regards to our conversation at the Saint John City Market last Thursday afternoon and on behalf of the Multicultural Association of Saint John Inc. please accept this letter as a formal request an opportunity to present to an audience of the Honorable Mayor and Council at the earliest possible date and in order to increase awareness and understanding of the Multicultural Association of Saint John Inc's mandate, mission and purpose. The Multicultural Association of Saint John Inc. was formed in 1980 and provincially incorporated on November 8 1984 to actively promote all aspects of New Brunswick's Policy on Multiculturalism, its goals and objectives throughout the broader Saint John region (Sussex to St. Stephen, inclusive of the Village of St. Martins and the Town of Grand Bay Westfield). Our purpose is to work for equal treatment for all citizens of all cultures. We represent a commitment to equality in matters of human rights, in matters of cultural expression and in access to and participation in New Brunswick society. On behalf of the Multicultural Association of Saint John Inc. please accept this letter as a formal request to present to council, a brief overview of our Multicultural Programs, Services and Events as well as share with everyone exciting news about our most recent success in receiving Federal support from Citizenship and Immigration Canada to establish and present a signature Multicultural Festival (Multicultural Festival of Colours) intended to bring everyone together annually in a free public celebration of cultural expression, equality and human rights that everyone can be very proud of. Multiculturalism is for everyone. The Multicultural Festival of Colours is an annual signature Multicultural celebration for our city and region that will take place at the Diamond Jubilee Cruise Terminal 1St Floor. Day One August 30, 2013 7:OOpm to 9:OOpm Day Two August 31, 2013 12:00 noon to B:OOpm and Day Three September 1, 2013 12:00 noon to S:OOpm. This is a free public celebration for all ages and everyone is welcome. Respectfully, Melana Iverson Executive Director Multicultural Association of Saint John Inc. Multicultural Association of Saint John Inc. 89 Canterbury Street Suite 305 Saint John, New Brunswick Canada E2L 2C7 Phone: (506) 849 -8778 Cell: (506) 658 -8020 Email: dabagrogers.com 56 1 J, August 7, 2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Cities of New Brunswick Meeting — Railway Safety Background: Quebec: - at the July 31, 2013 Cities of New Brunswick Executive meeting a resolution regarding rail safety was adopted and a request made that each Municipality consider it at their own Council Level. Attached is the motion for Council's consideration. Respectfully Submitted, (Received via email) Dr. Shelley Rinehart Deputy Mayor City of Saint John WWO SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 The Union of Quebec Municipalities calls upon municipalities and their associations to mobilize in a Cross- border Municipal Coalition for Railway Safety Railway safety issues transcend local and national boundaries. In the aftermath of the Lac - Megantic tragedy, the Union of Quebec Municipalities (UMQ) is issuing an appeal for mobilization of neighbouring municipal administrations in Canada and in the United States to raise government awareness as to the impact upon municipalities of their decisions respecting railway safety. Accordingly the UMQ invites your municipality or municipal association to become a partner in a Cross - border Municipal Coalition for Railway Safety by having your municipal council or board of directors adopt a resolution to this effect. MODEL RESOLUTION SUGGESTED BY THE UMQ Whereas the Lac - Megantic tragedy highlights a major safety issue for many North American municipalities; Whereas municipalities, despite all their efforts to influence the planning and development of railway activities and to obtain greater power over railway companies, have for years met with indifference on the part of decision- makers; Whereas the activities of railway companies have changed radically in recent years in Quebec and Canada, and in the United States as well; Whereas experts have noted a substantial increase in the quantities of hazardous materials transported by rail in Canada and the United States for some years, and are of the opinion that rail transportation of these materials is a serious trend in North America; Whereas these new activities by the railway companies represent serious and unforeseen risks for local municipalities and populations; Whereas North America's municipalities grew up along the railway lines and this historic proximity of local populations to railways, rail yards and train stations is an intrinsic reality in municipalities; Whereas rail transport is a mode that deserves priority as a means of reducing greenhouse gas emissions in transportation, and a stricter regulatory framework is necessary in order to make this development possible; Whereas municipalities are determined to assume leadership in the emerging public debate over the Lac- Megantic tragedy; Whereas tighter standards and regulations are urgently needed governing the activities of railway companies passing through areas under municipal responsibility; and Whereas the municipal association [or municipality] [NAME] desires to respond to the appeal for mobilization issued by the Union of Quebec Municipalities and to become a partner of a CROSS-BORDER MUNICIPAL COALITION FOR RAILWAY SAFETY in order to demand review and modernization by the responsible public authorities of the standards governing activities of railway companies; MOVED BY: SECONDED BY: IT IS UNANIMOUSLY RESOLVED: THAT the municipal association [or municipality] [NAME] shall become a partner of the CROSS- BORDER MUNICIPAL COALITION FOR RAILWAY SAFETY in order to demand review, modernization and upgrading by the responsible public authorities of the standards governing activities of railway companies; and THAT a copy of this Resolution be transmitted forthwith to the Union of Quebec Municipalities, to the attention of Martine Painchaud, Director of International Relations. is 1: August 7, 2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Cities of New Brunswick Meeting - General Meetings Background: Meetings - at the summer Cities of New Brunswick meetings that were hosted in Saint John the Resolutions Committee brought forward a motion that only one general meeting should be hosted each year. There was discussion and no clear agreement at the time. Councils were asked to consider the issue at their own Council levels and report back to the Association. At the July 31, 2013 Cities of New Brunswick Executive meeting it was noted several Cities had not yet responded, including Saint John. Councillor McAlary is our representative on the resolutions committee and can speak to the motion. Motion: That the Cities of New Brunswick hold one general meeting per year. Respectfully Submitted, (Received via email) Dr. Shelley Rinehart Deputy Mayor City of Saint John l� - VU SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 41-1 59 is 1: August 6, 2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Use of former Jewish Synagogue Building Background: Just recently, I toured the former Jewish Synagogue Building located corner of Carleton and Wellington. I believe that with limited funding this building could be renovated and used by the City perhaps for our own offices such as; Parking, Saint John Destination, or others or it would be a good location for the nonprofit organizations that we presently provide office space for such as; Prude Inc, Human Development, Senior Citizens and Multi- Cultural. Motion: That the City Manager and appropriate staff be requested to investigate on what the costs and timing would be to renovate this building for our use. Respectfully Submitted, (Received via email) Gerry Lowe Councillor —Ward 3 City of Saint John l� - VU SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 .1 1t -1 - 1 REPORT TO COMMON COUNCIL M &C2013 -151 July 30, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council; SUBJECT: GUIDE RAIL BEST MANAGEMENT PRACTICE — Hillcrest Road BACKGROUND The City of saint John At its July 4, 2011 meeting, Common Council "RESOLVED that the J. Steele letter requesting a guard rail between 89 and 111 Hillcrest Road, be referred to the City Manager ". In a letter dated November 3, 2011, the Office of the Chief Coroner requested "that the City of Saint John review the area of the accident and consider safety enhancements to the highway right -of -way" and to provide a response. The City of Saint John, at the time of these requests, did not have a process in place for the warranting of longitudinal barriers (guide rails). City staff generally has received requests from citizens as a result of a safety concern or a traffic accident; however care must be taken to avoid overreacting to one severe crash at a specific site when there is no established crash pattern. Otherwise, an expensive corrective action may be constructed to correct a problem that may never recur. Staff has developed a Best Management Practice (Appendix A) for guide rails that would provide a standard method for warranting longitudinal barriers that is based on a modern knowledge of roadside safety. This Best Management Practice will allow resources to be allocated in an effective manner thus optimizing the safety of city roads. ANALYSIS Staff reviewed documents that were prepared by various sources such as the Transportation Association of Canada JAC), the American Association of State Highway and Transportation Officials (AASHTO) and the Nova Scotia Department of Transportation and Public Works regarding the warranting and installation of longitudinal barriers in order to prepare the Best Management Practice that is most suited for the City of Saint John's needs. The resulting document is titled the "Guide Rail Best Management Practice ". Guide Rail Best Management Practice July 30, 2013 Report to Common Council, M & C 2013 - 151 Page 2 SUMMARY OF GUIDE RAIL BEST MANAGEMENT PRACTICE This section provides a summary of the information found in the Guide Rail Best Management Practice. The Introduction (Section 1) and Technical Guide (Section 2) provide background information that should be thoroughly understood before commencing the warranting procedure (described in Section 3) and barrier design (described in Section 4). 1. Introduction I.I. Application: This document pertains to the installation of longitudinal barriers (guiderails) which must follow the requirements of the City of Saint John's pre - existing General Specification for Guide Rail and Guide Posts. 1.2. Statement of Intent: By providing a standard method for warranting longitudinal barriers that is based on a modern knowledge of roadside safety, this Best Management Practice will allow resources to be allocated in an effective manner, thus optimizing the safety of city roads. 1.3. Revision History: As our knowledge of roadside design is continually evolving, it is important to update this Best Management Practice regularly so that it reflects current standards and methods. New issues may be raised that are not addressed in the current version or some clarifications may be necessary. 1.4. Existing Infrastructure: The state of knowledge, judgments and economic considerations of roadside design have progressed significantly in recent years. While some of the existing infrastructure may not conform to the guidelines set forth in this Best Management Practice, this does not mean the existing infrastructure is unsafe. On a go- forward basis, before any maintenance or replacement of guiderail is performed or before street reconstruction, the warranting procedure that is outlined in the Best Management Practice will be used to see whether or not the barrier is warranted.. 1.5. Asset Management: As a part of the Asset Management initiative, a full inventory of all guide rails belonging to the city, its location, and condition has been developed to allow for proper maintenance planning. This database shall be updated with any changes to existing infrastructure or with the installation of new guide rails. 2. Technical Guide 2.1. Terminology: Important terminology is defined. Factors that have an impact on the barrier warrants and their significance are explained (incl. the clear zone — the unobstructed and area that can be travelled over that is available for the safe recovery of an errant vehicle, average daily traffic, speed and the geometry of the road). 2.2. Hazard Classification: Not all hazards require shielding. The first question to ask is "would it be more dangerous to strike the hazard than the guide rail ?" If the answer is yes, then guide rail should be considered. Since guide rail is itself a hazard that can cause injury, care must be taken to avoid installing guide rail when it is not warranted. After the installation of guide rail, the frequency of crashes at the location where guide rail is installed will increase (since the barrier is closer to the edge of the travelled way), however the severity of the crashes should decrease. Methods for hazard classification are described in this section. Guide Rail Best Management Practice Report to Common Council, M & C 2013 -151 July 30, 2013 Page 3 2.3. Alternative Strategies: There are sometimes safer and more cost - efficient methods of dealing with hazards that are located within the desired clear zone. These options should be examined using the cost - benefit analysis method. • Removal: If possible, it is preferable to eliminate the hazard all together. • Relocation: Consider relocating the hazard to a place where it is less likely to be hit. For example, extending a culvert so that the end is further from the travelled way may eliminate the need for guide rail. • Modification: Hazards may be modified so that they are safer to hit. Often roadside structures such as signposts, light and utility poles are designed with breakaway bases that reduce the impact forces. Drainage features can also be modified. For example, culvert ends can be made such that they can be crossed over. • Reduce the Probability of Vehicles Leaving the Roadway: Several preventative measures shall be considered during a street reconstruction design process that can reduce the probability of a vehicle leaving the roadway such as: o Flatten horizontal curves o Provide adequate super- elevation o Provide standard lane widths o Pave with a skid - resistant surface o Widen shoulders o Pave shoulders o Mark centerline and edge lines o Delineate sharp curves o Provide rumble strips 3. Barrier Warrants 3.1, Cost Benefit Analysis Method: Warrants for guide rail installation should be evaluated based on a cost- benefit analysis approach. Considerations include 85th percentile speed, traffic volume, installation and maintenance costs and collision costs. With a limited budget, it is important to install guide rail in the most cost - effective locations that provide a maximum level of road safety. 3.2. Guide Rail Warranting Procedure: This section describes the procedure that should be followed before any guide rail installation or maintenance is performed. The six step procedure takes into account 85th percentile speed, traffic volume, road geometry, hazard type, and crash history at the site. At the end of the process, the result will be that guide rail is Not Warranted, Possibly Warranted, or Warranted. The final decision however, should be made based on the results obtained from this procedure and by using sound engineering judgment. 4. Barrier Design and Placement 4.1. The City's General Specifications: The City of Saint John already has general specifications in place for guide rails which contain particulars on the materials to be used and the construction methods for installation. The Guide Rail Best Management Practice conforms to these specifications. When possible, roads should be designed according to the general specifications for a typical cross section of a rural road so that guide rail is not necessary. Guide Rail Best Management Practice Report to Common Council, M & C 2013 -151 July 30, 2013 Page 4 4.2. The remainder of Section 4 details criteria for the design and placement of guide rails. Measurements such as the offset distance the barrier is placed from the edge of the travelled way and the length of guide rail needed are determined by following the processes in this section. HILLCREST ROAD INVESTIGATION The City's Traffic Engineer has completed an investigation (Appendix B) and reviewed the area of the accident that lead to the request for guard rail installation from J. Steele in her letter to Mayor and Council and by the Office of the Chief Coroner. The findings in this Report indicate that the vehicle involved in a crash was travelling well above the posted speed limit and lost control at the beginning of a curve on a rainy and foggy night. The Ievel of street lighting was appropriate. Hillcrest Road is not unlike many of Saint John's rural type roads that are windy. The geometry of Hillcrest Road does not meet several current minimum road design guidelines. It is very difficult to overcome these features due to land ownership, surrounding rock, hilly terrain and the number of driveways attached to it. Recommendations for improvement include the installation of a Single Curve Warning Sign for the westbound lane east of the crest of the vertical curve and to make repairs to the asphalt surface in the vicinity of the horizontal and vertical curves. Using the Guide Rail Warranting process, a guide rail in this particular location is not warranted. FINANCIAL IMPLICATIONS In some situations a section of guide rail may be deemed warranted for which the cost is greater than the funds available in Municipal Operation's operating budget for guide rail. Common Council should consider approving special funding for such a case if necessary. RECOMMENDATIONS It is recommended that Common Council: 1. Endorse the implementation of the Guide Rail Best Management Practice for any guide rail installation or maintenance that is performed from this date forward. This would also include any work performed by contractors. 2. Authorize staff to provide a copy of this Report to the Office of the Chief Coroner. 3. Endorse the City Traffic Engineer recommendations as a result of the investigation and 4. Endorse that a guide rail not be installed in the requested location between 89 and 111 Hillcrest Road. Guide Rail Best Management Practice Report to Common Council, M & C 2013 -151 Respectfully submitted, R. Kevin Rice B. Sc., CET Deputy Commissioner Transportation and Environment Services Win. Edwards, P g. Commissioner Transportation and Environment Services c �Q' � V - � J P trick Woods, CGA City Manager July 30, 2013 Page 5 APPENDIX A SAINT ) .! i GUIDE RAIL BEST MANAGEMENT PRACTICE CITY OF SAINT JOHN ROADWAY MAINTENANCE SERVICE DULY 2013 Contents 1.0 Introduction... .................................................................................................................................... 1.1 Application ....................................................................... ............................... ..................1 1.2 Statement of Intent ......................................................................................... ..............................1 1.3 Liability ............................................................................................................ ..............................1 1.4 Revision History .................................................................................. ............................... ......1 1.5 Existing Infrastructure— ................................................................................................................ 1 1.6 Asset Management .......................................... ............................... ............ ............................... ...1 2.0 Technical Guide ................................................................................................... ..............................2 2.1 Clear Zone ........................................................................................................ ..............................2 2.1.1 Clear Zone: Definition .............................................................................. ..............................2 2.1.2 Clear Zone: Calculation ............................................................................ ..............................3 2.2 Hazard Classification ....................................................................................... ..............................3 2.3 Alternative Strategies ...................................................................................... ..............................4 2.3.1 Removal ........................................................................................... ............................... ...4 2.3.2 Relocate ................................................................................................... ..............................4 2.33 Modify .................................................. ............................... ......4 23.4 Reduce the Probability of Vehicles Leaving the Roadway ...................... ..............................4 3.0 Barrier Warrants .................................................................................................. ..............................5 3.1 Cost Benefit Analysis Method ......................................................................... ..............................5 3.2 Warranting Procedure., ................................................................................................................. 5 4.0 Barrier Design and Placement ............................................................................. ..............................7 4.1 City's General Specifications ........................................................................... ..............................7 4.2 Design Variables ......................................................... ............................... ....................7 4.2.1 Clear Zone Width (Lj .............................................................................. ..............................7 4.2.2 Lateral Distance to Back of Hazard (LA) ................................................... ..............................7 4.2.3 Lateral Distance to Front of Hazard (1-3) .................................................. ..............................7 4.2.4 Lateral Offset ( LZ) ........................................... ............................... .............8 4.2.5 Runout Length ( LR) ....................... ............................... 4.2.6 Shyline Offset (Ls) .................................................................................... ..............................8 4.3 Determining the Lateral Offset ....................................................................... ..............................8 4.3.1 Available Hazard Offset (Deflection of Barrier) ....................................... ..............................9 4.3.2 Slopes in Front of Barriers ....................................................................... ..............................9 43.3 Slopes behind Barriers ............................................................................. ..............................9 4.14 Shoulder Width ....................................................................................... ..............................9 4.3.5 Shyline Offset .......................................................................................... ..............................9 4.4 Length of Need ( X) ............... ............................... ..................1.11.1...... ....9 4.4.1 Opposing Traffic Length of Need ............................................................ .............................10 4.4.2 Length of Need on Horizontal Curves .................................................... .............................10 4.5 Placing the Barrier on a Flare ......................................................................... .............................11 4.6 Curb Effects... ... ......................................................................................................................... 11 4.7 Multiple Hazards... ................................................................................ .......11 4.8 End Treatments .............................................................................................. .............................11 5.0 References.... ..................................................................... ........ ....12 6.0 Appendices.... ........ ...... ..................... .................................. ......................................................... 13 61 Tables ............................................................................................................. .............................13 6.1.1 Table Al: Desired Clear Zone Values ...................................................... .............................13 6.1.2 Table A2: Horizontal Curve Adjustment Factors ( KCZ) ........................... .............................14 6.1.3 Tables A3 — A6: Severities of Potential Hazards ..................................... .............................14 6.1.4 Tables A7 —A9: Adjustment Factors... ................................................................................. 17 6.1.5 Tables A10 —A18: Warranting Tables .................................................... .............................18 6.1.6 Table A19: Flare Rates ............................................................................ .............................22 6.2 Sample Calculations ......................................... ..............................• .22 6.2.1 Warranting Process ....................................... ............................... ...22 6.2.2 Barrier Design- .... ..................................................................... .........25 1.0 Introduction 1.1 Application This document pertains to the installation of longitudinal barriers of Class A, Type II, W- section steel beams conforming to AASHTO M180 which is in accordance with the City of Saint John's General Specification for Guide Rail and Guide Posts. These barriers are not designed to be used in the case of head -on collisions, at dead ends or in place of a fence or barricade. Improper usage of this technology can be fatal. 1.2 Statement of Intent By providing a standard method for warranting longitudinal barriers that is based on a modern knowledge of roadside safety, the intention is that the overall road safety conditions in the City of Saint John will be improved. This cost- efficient warranting process will allow resources to be allocated most appropriately, thus optimizing the safety of city roads. 1.3 Liability 1.4 Revision History As our knowledge of roadside design is continually evolving, it is important to update this best business practice consistently so that it remains up -to -date. New issues may be raised that are not addressed in the current version or some clarifications may be necessary. Any revisions made should be recorded below, please include the version number, the date of the update, the author responsible, and a brief description of the context of the revision. Version Date Author (s) Description of Changes 1.0 August 2012 Jennifer Johnston Original 1.5 Existing Infrastructure The state of knowledge of roadside design has progressed significantly in recent years. The information, judgments and economic considerations have changed over time. Some of the existing infrastructure may not conform to the guidelines set forth in this best business practice; this does not mean the existing infrastructure is unsafe, just that the information, judgments and economic considerations used in the design process have changed overtime. 1.6 Asset Management A full inventory of all guide rails belonging to the city, its location, and condition can be found on the M drive: MASharepoint 2010 Folder Structure\Transportation Service\Roadway Maintenance\Roadway StructureslGuide rail. Please update this database with any changes to the existing infrastructure or with the installation of new guide rail. 1 2..0 Technical Guide 2.1 Clear Zone 2.1.1 Clear Zone: Definition The clear zone is defined as the unobstructed and traversable area adjacent to the edge of the traveled way that is available for the safe recovery of an errant vehicle. By convention, it is measured from the edge of the closest travel lane. When considering the clear zone for opposing traffic, the centerline is used as the edge of the travelled way. The existing clear zone is the area that is currently available for the safe recovery of an errant vehicle; this may differ from the desired clear zone which is calculated based on the Average Daily Traffic (ADT) on the road, the 85th percentile speed', and the geometry of the road including horizontal curvature cross- slopes. The clear zone, which is a critical component of the recovery zone, may contain recoverable and non - recoverable slopes; however the non - recoverable slope must not be counted towards the desired clear zone length. Instead, a clear runout area should be provided at the toe of a non - recoverable slope and should generally be wide enough to account for the remaining length needed to achieve the desired clear zone. on travelled way I ahmkW zone distance raooverable slope norerecoverabla dear runout elope I area Note: It the dear zone distance ends on a non - recoverable elope a dear runout area is requited. Table 1 gives descriptions for the above mentioned types of slopes: able 1: Tvnas of SInnc- Recoverable Slope 1V:4H or flatter A driver can retain or regain control of a vehicle on a recoverable slope. Non - Recoverable Slope 1V:3H - -1V:4H Despite being traversable, the driver is not generally able to change the speed or direction of the vehicle on a non - recoverable slope. The area of the non - recoverable slope 1 The speeds at or below 85% of all vehicles are observed to travel under free flowing conditions. This is a nationally recognized method of assessing traffic speeds 2 must not contribute to the clear zone length. Critical Slope 1V: 3H or A critical slope cannot be included in the clear zone as it is steeper considered a hazard, and should be avoided. 2.1.2 Clear Zone: Calculation The desired clear zone is used to determine whether or not guide rail is warranted. If this area is free or hazards such as obstacles or critical slopes, then guide rail is not likely needed at this location. Table Al gives the values for the desired clear zone based on the speed for a road with no horizontal curvature. It is strongly recommended that the 85th percentile speed be used in this calculation2. To account for the horizontal curvature of the road, multiply the value for the desired clear zone (LJ found from Table Al with the horizontal curve adjustment factor (KCZ) that is calculated based on the radius using Table A2. This applies to hazards located on the outside of a curve only. 2.2 Hazard Classification Not all hazards require shielding. The first question to ask is "would it be more dangerous to strike the hazard than the guide rail ?" If the answer is yes, then guide rail should be considered. Since guide rail is itself a hazard that can cause injury, care must be taken to avoid installing guide rail when it is not necessary. After the installation of guide rail, the frequency of crashes at the location where guide rail is installed will increase (since the barrier is closer to the edge of the travelled way), however the severity of the crashes should decrease. Table 2 explains the different severity groups that are used to classify roadside hazards and gives a description of the suggested action. Tables A3 — A6 assign severities to the most common roadside hazards. able 2: Severity Grour Group 1 bow Severity These hazards usually do not justify the expenditure of substantial funds for corrective measures. If there is a low -cost alternative, this may be considered. Group 2 Moderate Severity Consider cost - effective alternatives as discussed later in this section. Group 2 hazards generally do not warrant a roadside barrier, therefore attempt to find a less expensive alternative. Group 2 hazards should be considered for the same corrective actions as Group 3 hazards if there is an identified crash history at this location or if the errant vehicle is could strike more than one hazard in the same run -off event. Group 3 High Severity Group 3 hazards should be evaluated for roadside barriers if there is no other practical or cost- efficient alternative. 2 If this data is not available, other speeds that can be used include the prevailing speed, design speed or posted speed. The design speed and /or posted speed may not provide an accurate representation of the real speed travelled by motorists. In order to avoid serious injury or death, it is important to use the closest possible approximation. 3 2.3 Alternative Strategies There are sometimes safer and more cost - efficient methods of dealing with that are located hazards within the desired clear zone. These options should be examined using the cost - benefit analysis method described in Section 3.1. 2.3.1 Removal If possible, it is preferable to eliminate the hazard all together. 2.3.2 Relocate Consider relocating the hazard to a place where it is less likely to be hit. For example, extending a culvert so that the end is further from the travelled way may eliminate the need for guide rail. 2.3.3 Modify Hazards may be modified so that they are safer to hit. Often roadside structures such as signposts, light and utility poles are designed with breakaway bases that reduce the impact forces. Drainage features can also be modified. For example, culvert ends can be made traversable. Traversable ditch foreslopes and backslopes should be used when possible as they are not considered a hazard to errant vehicles.3 2.3.4 Reduce the Probability of Vehicles Leaving the Roadway Several preventative measures can be taken to reduce the probability of a vehicle leaving the roadway such as: • Flatten horizontal curves • Provide adequate super - elevation • Provide standard lane widths • Pave with a skid - resistant surface • Widen shoulders • Pave shoulders • Mark centerline and edge lines • Delineate sharp curves • Provide rumble strips 3 Ditches should be designed based on the City's Standard Drawing Typical Cross Section —Rural Road (5045 -304). 4 3.0 Barrier Warrants 3.1 Cost Benefit Analysis Method Warrants for guide rail installation should be evaluated based on a cost - benefit analysis approach. Considerations include 851h percentile speed, traffic volume, installation and maintenance costs and collision costs. With a limited budget, it is important to install guide rail in the most cost - effective locations. E.g., consider the following scenario: based on road geometry, hazard type, and 85th percentile speed, guide rail may appear to be warranted at Location 1; however the probability of a run -off event is unlikely due to low volume and /or crash history. It is more effective to allocate resources to Location 2 which has a layout that appears less threatening but has a higher traffic volume and significant crash history and therefore a higher probability of a run -off event. 3.2 Warranting Procedure To determine if guide rail is warranting in a specific location, the following procedure should be followed (See example in Section 6.2.1): 1. Determine the desired clear zone using the procedure found in Section2.1.2. 2. Identify and classify hazards within the desired clear zone based on details given in Section 2.2. 3. Calculate the adjusted traffic factor (ATF) using the following formula (A sample calculation can be found in Section 6.2.2): ATF = ADT * TG * HC * DG ADT = Average daily traffic, the same value that was estimated in Step 1 TG = Traffic growth adjustment factor, found in Table A8 HC = Horizontal curve adjustment factor, found in Table A7 4 DG = Downgrade adjustment factor, found using Table A9 4. Select the warranting table that most closely approximates the hazard in question. Use Table3 to find the appropriate warranting table. If the hazard under consideration is not adequately represented in any of the tables, using a combination of more than one table is suggested to more closely approximate the actual hazard. Also, a barrier may become more or less warranted if any of the values fall at the low or high end of the range. Using the 85th percentile speed, 4 The adjustment factor for the horizontal curve that is used for the calculation of the adjusted traffic factor is different from the adjustment factor used in the calculation of the desired clear zone. 5 hazard offset from edge of travelled way and the calculated ATF, determine if the hazard is not warranted, possibly warranted or warranted based on the table. Please note that in many instances the designer is required to use his or her personal discretion even though it may contradict the result obtained by following the outlined process. Table 3: Warranting Tables Index Rationale Crash History Hazard Table Page Fixed object, 1.2 rn X 1.2 m A10 18 Fixed object 1.2 m X 3.0 m All 18 Vertical Headwall, 1.0 m high Al2 19 Headwall with flared wing walls, 1.2 m high A13 19 1V:2H foreslopes, 4 m high A14 20 1V:2H foreslopes, 14 m high A15 20 Vertical foreslope, 4 m high A16 21 Group of trees, 30 m long A17 21 Water, 1 m deep A18 22 5. The result obtained using the warranting tables are not applicable in all situations. There are many other factors that should be taken into consideration, including: Consideration Rationale Crash History If there is an identified crash pattern at this specific site, guide rail may be warranted despite the result obtained from the above procedure. A crash history of 3 -5 years is usually sufficient; however a longer period is suggested for lower volume roads. It may also be useful to consider the crash pattern at locations with similar hazard types. As stated in the AASHTO Roadside Design Guide, "care must be taken to avoid overreacting to one severe crash at a specific site when there is no established pattern. Otherwise, an expensive corrective action may be constructed to correct a problem that may never recur." Innocent In some cases guide rails may be warranted in order to protect people or Bystander sensitive features within the desired clear zone rather than the occupants Warrant of the errant vehicle. (Examples include: pedestrians, cyclists, homes, playgrounds and water supply.) Since these risks may be difficult to quantify, it is suggested that the cost benefit analysis method that was previously discussed in Section 3.1 be applied to evaluate the risks versus the cost of placing or not placing a barrier. The Presence of If there are many additional hazards present, the guide rail may become Multiple Hazards more worthwhile as it will provide protection for multiple hazards. 6. Determine if guide rail is warranted or not, or if there is a more appropriate alternative solution. The final decision should be made based on the results obtained from the warranting tables and the designer's best judgment, keeping in mind the factors that were mentioned in Step 5 and any other case specific considerations. A 4.0 Barrier Design and Placement Guide rail placement should be such that the risk of striking the barrier is minimized while still providing sufficient coverage of the hazard. 4.1 City's General Specifications The City of Saint John's General Specifications document (Division 31: Guide Rail and Guide Posts) contains particulars on the materials to use, preferred construction methods and the method of payment. Also see the drawings Typical Guide Rail and Beam Guide Rail Details (5045 -323 & SO45 -324) which contain important details and dimensions. When possible, roads should be designed according to the general specification for a Typical Cross Section Rural Road (5045 -304) so that guide rail is not necessary. 4.2 Design Variables The following figure displays all the variables relating to barrier design and placement. Descriptions of these variables are found below. Clear zone _ ----------------------------------------- --------------------- --- •- -- --- -- -- -- _ LA X------- - - - - -- Length of Need LC when Flared L, - LA �n Length of Need a when Straight L3 Lx Edge of Traveled Wray 4.2.1 Clear Zone Width (Lc) The clear zone width is measured from the edge of the traveled way. If LA extends beyond Lc, then Lc should be used for the design calculations. 4.2.2 Lateral! Distance to Back of Hazard (LA) The lateral distance to the back of the hazard is measured from the edge of the travelled way. 4.2.3 Lateral Distance to Front of Hazard (L3) The lateral distance to the front edge of the hazard is measured from the edge of the travelled way. 7 4.2.4 Lateral Offset (Lz) The lateral offset of the roadside barrier is the distance from the edge of the travelled way to the front face of the barrier. This value is determined by the designer using guidelines in Section 4.3. 4.2.5 Runout length (LR) The runout length, also referred to as the encroachment distance, is the stopping distance off the pavement and is measured longitudinally from the upstream extent of the hazard along the edge of the pavement. Table 4 gives values of LR. Speed [km /h] Runout Length [m] 50 40 60 60 70 75 $0 95 90 110 100 120 110 140 120 or higher 160 4.2.6 Shyline Offset (Ls) The shyline offset is the distance beyond which an object will not be perceived as an obstacle and result in motorists reducing speed or moving laterally away from the obstacle. Preserving a uniform clearance between traffic and roadside features such as barriers, bridge railings, retaining walls etc., reduces the driver's concern for and reaction to those objects. Table 5 gives suggested shy line offset values. Speed [km /h] Shyline Offset [m] 50 1.1 60 1.4 70 1.7 80 2.0 90 2.2 100 2.4 110 2.8 120 3.2 4.3 Determining the Lateral Offset In general roadside barriers should be placed as far from the travelled way as conditions permit, in order to provide greater recovery area for errant vehicles and sight distance, particularly at intersections. However, Roadside barriers should not usually be further than 4.0 m from the edge of the travelled way since the likelihood of an encroaching vehicle hitting the barrier at high angle increases with the barrier's offset from the travelled way. Sections 4.3.1 — 4.3.5 describe factors must be accounted for when determining the lateral offset. M. 4.3.1 Available Hazard Offset (Deflection of Barrier) Ensure that enough space is left to account for the distance that the barrier will deflect under impact. This is a function of vehicle mass, incident angle and barrier technology. The designer should be particularly mindful of barrier deflection distance when shielding a fixed object or slopes that protrude upwards rather than downwards. 4.3.2 Slopes in Front of Barriers A slope of 1V:10H or flatter should be maintained in front of the barrier. In some cases where the speeds are 40km /h or lower it may be reasonable to accept a slope as steep as 1V:6H. 4.3.3 Slopes behind Barriers When barriers are used to protect the errant vehicle from embankments, sufficient distance must be provided for adequate support of the guide rail posts. The required distance varies with the slope of the embankment, soil type, impact conditions and barrier characteristics. 4.3.4 Shoulder Width In order for the shoulder to function as designed, it is ideal for the full shoulder width plus at least 0.6 m to be provided. This allows space for vehicles to park on the shoulder and occupants to exit the vehicle. 4.3.5 Shyline Offset See Section 4.2.6. 4.4 Length of Need (X) The length of need is the length of barrier that is required to provide adequate shielding from the hazard. This length includes the approach length of the lane closest to the hazard (LA), the hazard length (LH) and the approach length of the opposing direction (LR), but does not include what is later referred to as the end treatments. (This concept is illustrated in the figure on page 10.) The length of need is a function of the runout length (LR) and the distance of the hazard from the edge of travelled way (L3) or the clear zone width (Lc) — whichever is the lesser of the two. Values for LR can be found in Table 5 in Section 4.2.5. The formula for calculating the length of need is: X_LR * (LA —L2) LA See Section 6.2.2, for a sample calculation. 9 hazard end treatment Lb Lh La end treatment i I }-•- I— barrier edge of travelled way b edge of length of need = La + Lh + Lb travelled way Note: On divided highways, one way roads, or where the trailing end is beyond the clear zone of the opposite lane, Lb is equal to zero, and the length of need = La + Lh. 4.4.1 Opposing Traffic Length of Need The approach length for opposing traffic is calculated in the same manner, with the centerline acting as the edge of travelled way as seen in the calculation for the opposing traffic's clear zone. 4.4,2 Length of Need on Horizontal Curves The length of need for guide rail placed on a horizontal curve can be most easily obtained by method of graphical scaling. The tangential runout path should be drawn from the edge of the travelled way to the end of the hazard: x � t, PAN Lq OR L0 - t.U40H of NEED ` - J WARD LR ✓ j am_ E.� Es CE i TRAVEL LANE 10 4.5 Placing the Barrier on a Flare Placing the barrier on a flare is usually preferred as it more economical since the length of barrier needed is reduced and the risk of collision is reduced since the end is further offset from the edge of the travelled way which also reduces the driver's reaction to the introduction of the barrier. The disadvantage is the increase in the angle at which the barrier can be struck which in turn increases the severity of the collision. Flare rates for barriers placed beyond the shoulder can be found in Table A19. The length of need for a flared barrier can be determined graphically by finding the intersection between the barrier and the path of the vehicle which is defined by the encroachment distance and the position of the obstacle. An adjusted formula for length of need for a flared barrier can also be used: LA +�a *Lx, —LZ X= a +LA R The lateral offset of the end of the length of need for a flared barrier is equal to: LA *X Y — LA L x 4.6 Curb Effects Guide rail should not be installed where speeds exceed 80 km /h as the curb will vault vehicles causing them to become airborne. Guide rail should be avoided for vehicle speed of 50 — 70 km /h where curb is present. If necessary, guide rail may be placed flush with the face of curb in areas with speed of 40 km /h or less. 4.7 Multiple Hazards A barrier may be placed to shield a specific hazard, but if there are multiple hazards nearby then the barrier should be extended to shield from all of the hazards. If guide rail is warranted in multiple locations along the same stretch of road, the sections should all be connected so that there is just one long section rather than several smaller sections to avoid multiple hazardous end treatments. 4.8 End Treatments Collisions with untreated guide rail ends can have severe consequences; often the barrier will penetrate the passenger compartment upon impact. Crashworthy end treatments must be used when the barrier terminates within the clear zone and the barrier end could be within the vehicles runout path. A crashworthy end treatment is not necessary at the far end of the barrier unless that end treatment lies within the opposing traffic's clear zone. Where space is available, the barrier should be flared so that it terminated outside of the clear zone. End treatments with turned down ends should be avoided on high - speed, high - volume roads as the impact can cause the vehicle to vault and roll over or ride up on the barrier and strike the object that is being shielded. The termination into a back slope can eradicate the need for a crashworthy end treatment. 11 5.0 References 1. Roadside Design Guide, American Association of State Highway and Transportation Officials. Washington, D.C. 2002. 2. "Roadside Barrier Policy." Prepared by Delphi -MRC for the Nova Scotia Department of Transportation and Public Works. Halifax, Nova Scotia, 2003. "Traffic Barriers." Geometric Design Guide for Canadian Roads, Transportation Association of Canada. Ottawa, Ontario. 1999 updated 2011. 4. "Guide Rail: Do You Need Guide rail?" Cornell Local Roads Program. Ithaca, New York. 2003. 12 6.0 Appendices 6.1 Tables 6.1.1 Table Al: Desired Clear Zone Values Speed ADT Foreslope Backslope -------------------------------------------------------------------------------_-------------------------------------------------- 1V:6H or 1V:5H to 1V:3H 1V:3H 1V:5H to -- -..- _. 1V:6H or flatter 1VAH 1V:4H flatter 50 km/h Under750 1.0 -2.0 1.5 -2.5 ** 0.5 -2.0 0.5 -2.0 1.0 -2.0 750 -1500 1.5 -2.5 2.0 -3.0 1.0 -2.0 1.0 -2.0 1.5 -2.5 1500 -6000 2.0 -3.0 2.0 -3.0 1.5 -25 1.5 -2.5 2.0 -3.0 Over6000 2.0 -3.0 3.0 -3.5 2.0 --3.0 2.0 -3.0 2.0 -3.0 55 km /h Under750 1.5 -2.5 2.0 -3.0 ** 1.0 -2.0 1.0 -2.0 1.5 -2.5 750 -1500 2.0 -3A 2.0 -3.5 1.5 -2.5 1.5 -2.5 2.0 -3.0 1500 -6000 3.0 -3.5 3.5 -4.5 2.0 -3.0 2.0 -3.0 3.0 -3.5 Over6000 3.4 -4.5 4.5 -5.0 3.0 -3.5 3.0 -3.5 3.5 -4.5 60 km /h Under750 2.0 2.0 ** 2.0 2.0 2.0 750 -1500 3.0 3.5 10 3.0 3.0 1500 -6000 3.5 4.5 3.5 3.5 3.5 Over 6000 4.5 5.0 4.5 4.5 4.5 70 -80 Under750 3.0 3.5 ** 2.5 2.5 3.0 km /h 750-1500 4.5 5.0 3.0 3.5 4.5 1500- 6000 5.0 6.0 3.5 4.5 5.0 Over 6000 6.0 7.5 4.5 5.5 6.0 90 km /h Under750 3.5 4.5 ** 2.5 3.0 3.0 750 -1500 5.0 6.0 3.0 4.5 5.0 1500 -6000 6.0 7.5 4.5 5.0 6.0 Over 6000 6.5 8.0 5.0 6.0 6.5 100 km /h Under750 5.0 6.0 ** 3.0 3.5 4.5 750 -1500 6.0 8.0 3.5 5.0 6.0 1500 -6000 8.0 9.0 4.5 5.5 7.5 Over 6000 9.0 9.0 6.0 7.5 8.0 110 km /h Under750 5.5 6.0 ** 3.0 4.5 4.5 750 -1500 7.5 8.5 3.5 5.5 6.0 1500-6000 8.5 9.0 5.0 6.5 8.0 Over 6000 9.0 9.0 6.5 8.0 8.5 13 6.1.2 Table A2: Horizontal Curve Adjustment Factors (KCZ) Radios [rn] - -� -��� Speed ------------------------------------------- - - - - -- ------------------ - - - - -- ----------------------- 50 km /h 60 km /h 70 km /h 80 km /h 90 km /h 100 km /h 110 km /h ] +) 900 1.1 1.1 1.1 700 1.1 1.1 1.2 600 1.1 1.2 1.2 500 1.1 1.2 1.2 450 1.2 1.2 1.3 400 1.2 1.2 13 350 1.1 1.2 1.2 1.3 300 1.2 1.2 1.3 1.4 250 1.2 13 1.3 1.4 200 1.2 1.3 1.4 1.5 150 1.3 1.4 1.5 100 1.4 1.5 6.1.3 Tables A3 - A6: Severities of Potential Hazards Table A3: Fixed Objects 1.2 1.2 1.2 1.2 1.2 1.3 1.3 1.3 1.3 1.4 1.3 1.4 1.4 1.5 1.5 1.5 1.5 1.2 1.3 1.4 1.4 1.5 Potential Hazards Group 1 (Low Severity) Group 2 (Moderate Group 3 (High Severity) Severity) Bridge piers, X abutments and railing ends Boulders, less than X 0.3m in diameter Boulders, 0.3m in X diameter of larger Non- breakaway sign X and luminaire supports Individual trees, X greater than 100mm and less than 200mm in diameter Individual trees, X greater than 200mm in diameter Groups of trees, X individually greater than 100mm in diameters Utilitv Poles X Because of driver expectancy, a group of trees at a consistent offset for lengthy distances may experience lower encroachment rates, even though the offset may be within the desired clear zone. In such instances, it may be appropriate to consider the trees a Group 2 hazard. 14 Table A4: Drainage Features 15 Potential Hazards Group 1 (Low Severity) Group 2 (Moderate Severity) Group 3 (High Severity) Exposed culvert ends with no headwalls, 1 X m in diameter or less Exposed culvert ends with no headwalls, X greater than 1 m in diameter Sloped culvert ends, less than 1.2 m in X diameter Sloped culvert ends, greater than 1.2 m X and less than 2.4 m in diameter ,y Sloped culvert ends, 2.4 m or greater in X t: diameter w ? Vertical headwalls, less than 1.0 m in X height L Vertical headwalls,1 m or higher X Headwalls with parallel sloped wingwalls, X c I- 0.6 m or less in height U Headwalls with parallel slopes wingwalls, X greater than 0.6 m in height Headwalls with flared and sloped X wingwalls, 1.0 m or less in height Headwalls with flared and sloped X wingwalls, great than 1.0 m in height Culvert end sections with crashworthy X grates Exposed culvert ends with no headwalls, X less than 0.6m in diameter Exposed culvert ends with no headwalls, X greater than 0.6 m and less than 1.2 m in iu diameter WExposed culvert ends, 1.2 m or greater in X s diameter U c Mitered culvert ends, less than 1.0 m in X diameter a Z Mitered culvert ends, 1.0 m or greater in X diameter a Vertical headwalls, less than 1.0 m above X ditch section Vertical headwalls, 1.0 m or higher above X ditch section 15 Table AS: Grading Features Potential Hazards Group 1 Group 2 Group 3 (Low (Moderate (High Severity) Severity) Severity) Ditches with foreslope flatter than 1V :3H X " Ditches with foreslopes 1V:3H or steeper x a o 1V:3H foreslope fens than 2.0 m high6 - -- � - -_— _X -- - - - - -� 1V:3H foreslope 2.0 m and higher x 1V :2H to 1V:5H foreslope less than 4.0 m high x 1V:2H to 1V :5H foreslope 4.0 m high and x higher Vertical foreslope or fill wall less than 2.0 m x high Vertical foreslope or fill wall 2.0 m and higher x Backslopes that are uneven, or with deep x erosion ruts, large rocks, and trees Vertical backslope with horizontal projections X of 200 mm or smaller a� Vertical backslope with horizontal projections x larger than 200 mm �^ Downward intersecting slope (transverse to x travel way, such as river bank) 1V:4H or steeper, between than 0.5 m high to 2.0 m high Downward intersecting slope (transverse to x travel way, such as river bank) 1V:4H or steeper, 2.0 m or higher Upward intersecting slope (transverse to x travel way, such as an overpass fill) 1V:4H to flatter than 1V:1.5H, greater than 0.3 m high Upward intersecting slope (transverse to x travel way, such as an overpass fill) 1V:1-5H or steeper, greater than 0.3 m high 6 Slopes are assumed to be relatively smooth and free of obstacles. If slopes are uneven, have deep erosion ruts, large rocks and trees or other vegetation that may cause a vehicle to be unstable, then the classification should be increased by one category. Conditions at the bottom of these slopes must also have been evaluated. 16 Table A6: Other Features Potential Hazards Group 1 (Low Group 2 Group 3 (High Severity) (Moderate Severity) Severity) Parallel smooth retaining wall or cut slope X Retaining wall parallel or flared away from X approaching traffic at flatter than 1:8 Retaining wall flared away from X approaching traffic at 1:8 or steeper Water at a depth of 0.3 m to 1.0 m X Water at a depth of 1.0 m or deeper X 6.1.4 Tables A7 - A9: Adjustment Factors Table AT Horizontol Curve Adjustment Factors Radius [m] Adjustment Factor (TG) Adjustment Factor (HC) 1.00 Hazard on Outside of Curve Hazard on Inside of Curve 586 or greater 1.00 1.00 441-585 1.50 1.25 351-440 2.50 1.50 291-350 3.50 1.75 290 or less 4.00 2.00 Table A8: Traffic Growth Adjustment Factor (TG) Annual Growth Adjustment Factor (TG) 0% 1.00 1% 1.10 2% 1.21 3% 1.34 4% 1.49 5% 1.65 Table A9: Down Grade Adjustment Factor (DG) Percent Down Grade Adjustment Factor (DG) 0 -2% 1.00 2.1-3.0% 1.10 3.1-4.0% 1.40 4.1-5.0% 1.70 5.1-6.0% 1.90 6.1%(+) 2.00 17 6.1.5 Tables A10 - A18: Warranting Tables Table A10: Barrier Warrants for Fixed Objects 1.2 X 1.2 m Speed Hazard Offset from Edge of Adjusted Traffic Factor Possibly Warranted Travelled Way from Edge of Not Warranted Possibly Warranted 600 - 3 599 3 600(+) Travelled Way 0-799 Warranted 3.0 - 3.6 m 50 km /h 0.6 - 1.7 m 0-799 800 - 4 999 5000(+) 4.3 - 4.8 m 1.8 - 2.9 m 0-999 1 000 ( +) 0-2499 2 500 ( +) 3.0 - 3.5 m 0 -1 199 1200(+) 0-199 200-949 3.6 - 4.2 m 0 -1 299 1300(+) 400 -1699 1700(+) 4.3 ( +) m All 1000 ( +) 60 km /h 1.0 - 2.3 m 0-299 300 -1 399 1400(+) All 2.4 - 4.9 m 0-399 400 -1 899 1900(+) 5.0 - 6.0 m 0-799 800 - 4 999 5000(+) 6.1- 7.2 m 0 -1 299 1300(+) 7.3 ( +) m All 80 km /h 1.2 - 3.5 m 0-249 250 - 999 1000(+) 3.6 - 4.9 m 0-249 350 -1399 1400(+) 5.0 - 6.0 m 0-499 500 - 2 399 2400(+) 6.1- 6.6 m 0 -1 199 1 200 ( +) 63 - 7.2 m 0-2999 3 000 ( +) 7.3 ( +) m All Table A11: Barrier Warrants for Fixed Object 1.2 m wide X 3.0 m Lang Speed Hazard Offset Adjusted Traffic Factor from Edge of Not Warranted Possibly Warranted Travelled Way 200-899 Warranted 50 km /h 0.6 -1.7 m 0-599 600 - 3 599 3 600(+) 1.8 - 2.9 m 0-799 800 ( +) 3.0 - 3.6 m 0-949 950 ( +) 3.7 - 4.2 m 0-1049 1050(+) 4.3 - 4.8 m 0-1749 1750(+) 4.9 - 5.4 m 0-2499 2 500 ( +) 5.5 ( +) m All 60 km /h 1.0 - 2.3 m 0-199 200-899 900(+) 2.4 - 4.8 m 0-249 250 -1099 1100(+) 4.9 -6.0m 0--699 700 -4799 4800( +) 6.1- 6.6 m 0 -1 149 1150(+) 6.7 ( +) m All 80 km /h 1.2 - 3.5 m 0-149 150-599 600(+) 3.6 - 4.8 m 0-199 200-949 950(+) 4.9 - 6.0 m 0-399 400 -1699 1700(+) 6.1- 6.6 m 0-999 1000 ( +) 63 - 7.2 m 0-2499 2 500 ( +) 7.3 ( +) m All 18 Table Al2: Barrier Warrants for Fixed Vertical Headwall 1.0 m High and 2.4 m Long Speed Hazard Offset Adjusted Traffic Factor from Edge of Not Warranted Possibly Warranted Travelled Way Warranted 50 km /h 0.6 - 1.7 m 0 -1 700 1800(+) 1 1.8 - 2.3 m 0-1999 2000(+) Warranted 2.4 - 2.9 m 0-2199 2 200 ( +) 50 km /h 3.0 - 3.6 m 0-2399 2 400 ( +) 2 60 km /h 3.7 ( +) m All 1100(+) 60 km /h 1.0 - 2.3 m 0-599 600 - 3 199 3200(+) 2.4 - 3.6 m 0-699 700 - 4 999 5000(+) 3.7 - 4.8 rn 0-899 900 ( +) 80 km /h 4.9 - 5.4 m 0-2999 3 000 ( +) 3600(+) 5.5 ( +) m All 650 - 3 799 3800(+) 80 km /h 1.2 - 23 m 0-299 300 -1 199 1200(+) 2.4 - 3.6 m 0-349 350 -1499 1500(+) 3.7 - 4.8 m 0-399 400 -1 899 1900(+) 4.9 - 5.4 m 0-999 1 000 ( +) 5.5 - 6.0 m 0-1799 1800(+) 6.1 ( +) m All Table A13: Barrier Warrants for Headwall with Flared Wing Walls 1.2 m High X2.0 m Long X2.4 m Wide Speed Hazard Offset Adjusted Traffic Factor from Edge of Not Warranted Possibly Warranted Travelled Way Warranted 50 km /h All All 2 60 km /h 1.0 - 2.3 m 0-1099 1100(+) 2.4 - 3.6 m 0 -1 399 1400(+) 3.7 - 4.2 m 0 -1 999 2000(+) 4.3 ( +) m All 80 km /h 1.2 - 1.7 m 0-599 600 - 3 599 3600(+) 1.8 - 2.3 m 0-649 650 - 3 799 3800(+) 2.4 - 3.6 m 0-699 700 ( +) 3.7 - 4.2 m 0-899 900 ( +) 4.3 ( +) m All 19 Table A14: Barrier Warrants for 1V.•2H Foreslopes 4 m High X 30 m Long Speed Hazard Offset Adjusted Traffic Factor from Edge of Not Warranted Possibly Travelled Way Warranted 50 km /h 0.6 - 2.3 m 0-2149 2 150 ( +) 3 200 ( +) 2.4 - 2.9 m 0-2349 2 350 ( +) 750 ( +) 3.0 - 3.6 m 0-3399 3 400 ( +) 0-799 3.7 ( +) m All 60 km /h 1.0 - 2.3 m 0-949 950 ( +) 60 km /h 2.4 - 3.6 m 0-1049 1050(+) 950(+) 3.7 - 4.2 m 0 -1 249 1250(+) 300 -1 249 43 -4.8 m 0-1499 1500(+) 0-349 4.9 - 5.4 m 0-3199 3 200 ( +) 4.9 -5.4m 5.5 ( +) m All 3150( +) 80 km /h 1.2 - 2.3 m 0-549 550 - 2 999 2.4 -3.6m 0 -599 600 -3599 3.7 -4.8m 0 -749 750 -4999 0-149 4.9 -- 5.4 m 0-1399 1400(+) 2.4 - 3.6 m 5.5 - 6.0 m 0-3999 4 000 ( +) 6,1 (+) m 0-249 250 - 899 Table A15: Barrier Warrants for 1V.-2H Foreslopes 14 m High X30 m Long Speed Hazard Offset Adjusted Traffic Factor from Edge of Not Warranted Possibly Travelled Way Warranted Warranted 3000(+) 3600(+) 5000(+) Warranted 50 km /h 0.6 - 2.3 m 0-599 600 - 3 199 3 200 ( +) 2.4 - 3.6 m 0-749 750 ( +) 3.7 - 4.2 m 0-799 800 ( +) 4.3 ( +) m All 60 km /h 1.0 - 2.3 m 0-249 250 - 949 950(+) 2.4 - 3.6 m 0-299 300 -1 249 1250(+) 3.7 -- 4.8 m 0-349 350 -1 599 1600(+) 4.9 -5.4m 0 -549 550 -3149 3150( +) 5.5 - 6.0 m 0 -1 299 1300(+) 6.1 ( +) m All 80 km /h 1.2 - 2.3 m 0-149 150-649 650(+) 2.4 - 3.6 m 0-199 200-749 750(+) 3.7 - 4.8 m 0-249 250 - 899 900(+) 4.9 -6.0m 0 -399 400 -1599 1600( +) 6.1-- 7.2 m 0-899 900 ( +) 7.3 (+) m All 20 Table A16: Barrier Warrants for Vertical Foreslopes 4 m High X 30 m Long Speed Hazard Offset All Adjusted Traffic Factor from Edge of Not Warranted Possibly Warranted Travelled Way Warranted 50 km /h 0.6 - 2.3 m 0-249 250 -1 099 1100(+) 2.4 -3.6 m 0-349 350 -1 499 1500(+) 3.7 - 4.8 m 0-449 450 -1 999 2 000(+) 4.9 ( +) m A All 60 km /h 1.0 - 2.3 m 0 0-249 2 250 -1 099 1 1100(+) Table A17: Barrier Warrants far Group of Trees 2.4 m Wide X30 m Long Speed Hazard Offset Adjusted Traffic Factor from Edge of Not Warranted Possibly Warranted Travelled Way Warranted 50 km /h 0.6 - 2.3 m 0-449 450 - 2 149 2150(+) 2.4 -3.6 m 0-599 600 - 2 999 3000(+) 3.7 - 4.2 m 0-799 800 ( +) 4.3 ( +) m All 60 km /h 1.0 - 2.3 m 0-249 250 - 999 1000(+) 2.4 - 3.6 m 0-299 300 -1 249 1250(+) 3.7 - 4.8 m 0-349 350 -1 649 1650(+) 4.9 - 5.4 m 0-599 600 - 3 199 3200(+) 5.5 - 6.0 m 0-799 800 ( +) 6.1 ( +) m All 80 km /h 1.2 - 2.3 m 0-149 150-549 550(+) 2.4 - 3.6 m 0-199 200-749 750(+) 3.7 - 4.8 m 0-249 250 - 899 900(+) 4.9 - 6.0 rn 0-349 350 -1499 1500(+) 6.1- 7.2 m 0-749 750 ( +) 7.3 ( +) m All 21 4.3 ( +) m All 60 km /h 1.0 - 2.3 m 0-249 250 - 999 1000(+) 2.4 - 3.6 m 0-299 300 -1 249 1250(+) 3.7 - 4.8 m 0-349 350 -1 649 1650(+) 4.9 - 5.4 m 0-599 600 - 3 199 3200(+) 5.5 - 6.0 m 0-799 800 ( +) 6.1 ( +) m All 80 km /h 1.2 - 2.3 m 0-149 150-549 550(+) 2.4 - 3.6 m 0-199 200-749 750(+) 3.7 - 4.8 m 0-249 250 - 899 900(+) 4.9 - 6.0 rn 0-349 350 -1499 1500(+) 6.1- 7.2 m 0-749 750 ( +) 7.3 ( +) m All 21 21 Table A18: Barrier Warrants for Water 1.0 m Deep X30 m Long Speed Hazard Offset Adjusted Traffic Factor from Edge of Not Warranted possibly Warranted Travelled Way Warranted 50 km /h 0.6 — 2.3 m 0-599 600 - 3 199 3200(+) 2.4 —3.6 m 0-749 750 ( +) 3.7 — 4.2 m 0-799 800 ( +) 4.3 ( +) m All 60 km /h 1.0 — 2.3 m 0-249 250 —1099 1100(+) 2.4 — 3.6 m 0-349 350 —1499 1500(+) 3.7 — 4.8 m 0-499 450 —1 999 2000(+) 4.9 — 5.4 m 0-2999 3000 ( +) 5.5 ( +) m All 80 km /h 1.2 — 2.3 m 0-249 250 —1099 1100(+) 2.4 — 3.6 m 0-349 350 —1499 1500(+) 3.7 — 4.8 m 0-449 450 —1999 2000(+) 4.9 — 6.0 m 0-2999 3 000 ( +) 6.1(+) All 6.1.6 Table A19: Flare Rates Table A19: Flare Rates Speed [km /h] Flare Rate 50 25:1 65 25:1 80 25 :1 6.2 Sample Calculations 6.2.1 Warranting Process Problem 1 Roadway data: A two -lane road, with 3.6 m lanes and 1.2 m paved shoulders. There is a tangent section and a 46 m — long horizontal curve on a 240 m radius. The whole section is on a 3 percent downward grade. Traffic data: 400 present ADT with a 3 percent annual growth factor. Design speed is 50 km /h. On the tangent section actual speeds may exceed the design speed. Hazard data: The hazard is a 1V: 2H foreslope 18 m high, offset 1.8 m from the edge of travel way on the outside of the horizontal curve. The slope is 150 m parallel to the road, including both the horizontal curve and the tangent section. There are some scattered trees and small boulders on the slope. Other issues: Because of the remote location, barrier construction is expected to be costly. There are no crash data available. There are no aesthetic or environmental issues. 22 Solution: 1. The hazard is at an offset of 1.2 m. From Table Al, the clear zone range is 1.0 - 2.0 m. From Table A2, the horizontal curve adjustment factor is 1.2. Lc * KCZ = 1.2 m * 1.2 = 1.44 m The higher end of the range is selected as the desired clear zone because of the seriousness of the hazard. Therefore, the slope is within the clear zone in both the tangent and curved sections. The slope is outside the clear zone for opposing traffic. 2. From Table A5, the slope is a Group 3 hazard so a barrier should be considered. 3. The adjusted traffic factor is calculated using the ADT value and values of TG, HC and DG that are found using Tables A7 —A9: 4. ATF = ADT * TG * HC * DG = 400 * 1.34 * 4.00 * 1.10 = 2358 (for curved section) ATF = ADT * TG * HC * DG = 400 * 1.34 * 1.00 * 1.10 = 590 (for tangent section) 5. According to Table A15 (with ATF = 2358 for curved and ATF = 590for tangent, L3 = 1.2 m and Speed = 50h"'), the guide rail is "Possibly Warranted" in the curved section and "Not Warranted" in the tangent section. 6. Other considerations: Reasons to Use Barriers Reasons Not to Use Barriers a. The hazard is on the outside of a horizontal curve (for some of the section) b. The hazard is more severe that the description in Table A5 c. The hazard is large d. There are multiple hazards at the site a. The hazard is on a tangent (on some of the section) b. The traffic volume is low c. The downgrade is not very steep d. Costs of a barrier are expected to be high e. Roadway section elements are good 7. Because of the hazardousness of the site, it appears that a barrier is warranted at least on the horizontal curve section of this road. Barriers may be appropriate on the tangent, but the warrant is less clear. Problem 2 Roadway data: A two -lane road, with 3.6 m lanes and 0.6 m paved shoulders. This is a flat and tangent section. The roadway approaches a bridge across a river. On the approach the road leaves a cut section with a 1V; 6H foreslope to a ditch, and then approaches the bridge on a fill with 1V: 3H side slopes. The slope break for the fill is 0.6 m from the edge of the shoulder. The fill is approximately 2.4 m high. On 23 the far side a similar fill extends 60 m where the fill flattens to 1V: 4H. There are no pavement markings on the road or the bridge. Traffic data: 1,100 present ADT with a 1 percent annual growth factor. 85" percentile speed is 70 km /h. Hazard data: An 8.5 m wide bridge crosses a river with water depths of approximately 1.5 M. The bridge rail is a vertical concrete wall. Other issues: This roadway is in a park with serious aesthetic concerns. Solution: 1. Table 2.1 shows the clear zone range is 4.5 - 5.0 m. Assuming 3.3 m lanes on the bridge, the bridge rail is located 1.0 m from the traveled way and is in the clear zone. The bridge rail on the opposing traffic side is outside the clear zone. The M 3H slope is traversable but not recoverable, so the approach clear zone is (using the mid -point of the range): Xc = 4.7 +(3 *2.4) = 11.9 m. The river is also in the clear zone. 2. Tables A3 & A6 indicate that both the bridge rail and the river are Group 3 hazards so a barrier should be considered. 3. The adjusted traffic factor is calculated using the ADT value and values of TG, HC and DG that are found using Tables A7 —A9: ATF = ADT * TG *HC *DG = 1100 *1.10 *1.00 *1.00 =1210 4. Table All: Barrier Warrants for Fixed Object 1.2 m wide X3.0 m Lang & Table A18: Barrier Warrants for Water 1.0 m Deep X 30 m Long most closely approximate the hazard. With ATF = 1210, L3 = 1.0 m and Speed = z kM the tables indicate that the barrier is "Warranted ". S. Other considerations: Reasons to Use Barriers Reasons Not to Use Barriers a. Speed is high a. The hazard is on a tangent b. The hazards are more severe that the description in b. There is no downgrade Table 2.4 c. There are aesthetic concerns c. Traffic volume is high d. There are multiple hazards at the site 6. Barriers are recommended for both approach sides to the bridge. Barriers are not needed on the far sides because the bridge rails are outside the opposing traffic clear zones. 24 6.2.2 Barrier Design Problem 1 This problem is the same as Problem 1 discussed in Section 6.2.1. Roadway data: A two -lane road, with 3.6 m lanes and 1.2 m paved shoulders. There is a tangent section and a 46 m — long horizontal curve on a 240 m radius. The whole section is on a 3 percent downward grade. Traffic data: 400 present ADT with a 3 percent annual growth factor. Design speed is 50 km /h. On the tangent section actual speeds may exceed the design speed. Hazard data: The hazard is a 1V: 2H foreslope 18 m high, offset 1.8 m from the edge of travel way on the outside of the horizontal curve. The slope is 150 m parallel to the road, including both the horizontal curve and the tangent section. There are some scattered trees and small boulders on'the slope. Other issues: Because of the remote location, barrier construction is expected to be costly. There are no crash data available. There are no aesthetic or environmental issues. Previous Recommendations: A barrier is warranted on both the tangent and horizontal curve sections. Solution: 1. Select the barrier offset, LZ. Using the criteria listed in Section 4.3, the following considerations apply: a. Available Hazard Offset: The available hazard offset is 1.8 m. b. Slopes in front of the barrier: The slope in front of the hazard is 1V: 101­1 or flatter, so this is not an issue. c. Curbs: No curbs are present. d. Soil Support behind the Barrier: Because of the low speed, the barrier could be located so that the back of the barrier is 0.3 m (1 ft) from the slope break. e. Available Shoulder: The only way to achieve the criterion of the shoulder plus 0.6 m is to add additional fill to flatten the slope by approximately 0.6 m, allowing the shoulder plus 0.6 m, 0.3 m for the barrier depth and 0.6 m for soil support. Such widening is impractical in this case, so this criterion must be violated. f. Shy Line Offset: From Table 4.2 the desired shy line offset is 1.1 m. g. Locate as For as Possible: In this case there is no flexibility to locate the barrier any further than the slope break. Locating the barrier face 1.2 m from the edge of the traveled way will meet all the above criteria except the shoulder plus 0.6 m. violation of this criterion will have some negative impact on the usability of the shoulder but will not affect barrier performance. 2. A flare is not practical at this location because of the existing slopes. 25 3. Using the AASHTO RDG design method, the design variables areas follows: LA =38m From Table Al, Lcis 2.0 m. This is using the 1V: 4H slope upstream of the hazard. Lc will be used in the calculations. L3 = 1.8 m The selected lateral offset is LZ = 1.2 m. From Table 4, LR = 40 m. 4. The length of need is: X= LR * (LA — Lz)= 40 *(2.0- 1.2) =16m LA 2.0 *Note that sinceLA > Lc, Lc is used in the above formula in place of LA. This rounds up to 5 lengths of guardrail, or 19.0 m. 5. The hazard is outside the clear zone for opposing traffic, so no length of need is necessary on the downstream end. Forty lengths of guardrail are needed to shield the hazard, or 152 m. The total guardrail length is: 152 + 19m = 171m. 6. A tangent terminal would be most appropriate in this case because the existing slopes make it difficult to accommodate a flared terminal. The barrier is outside the opposing traffic clear zone, so a downstream terminal is not required but should be considered. If the site conditions make it difficult to install the four lengths of guardrail for the full length of need, it could be shortened. The shortened sections allow a larger degree of risk of a vehicle getting behind the upstream end of the barrier and not being able to come to a stop before hitting the hazardous slope. 26 APPENDIX B Hillcrest Road Geometric Features and Traffic Control Investigation and Recommendations In Response to Chief Coroner's Letter Following Motor Vehicle Accident Tian O'Reilly, P.Eng., M.Sc.E. Traffic Engineer July 2013 Purpose The purpose of this report is to summarize an investigation undertaken and resulting conclusions and recommendations in assisting to respond to the recommendation included in the attached letter by the Chief Coroner (New Brunswick). This report does not consider assessment of the appropriateness for a guiderail as this analysis was completed by other City staff, Method of Investigation An analysis of both empirical data and human factors were considered in this investigation to best identify how enhancements to the existing road design and associated traffic control devices may avoid future accidents in the immediate vicinity of the crash site. Undertaken was the following through the investigation: • Completion of four site visits on May 3, 2013, June 11, 2013, June 18, 2013, and June 25, 2013 • Drove the entirety of Hillcrest Road and drove several times in the direction of and by the location of the accident to gain a motorist's perspectiN e • Conducted a vehicle speed and volume survey • Surveyed actual road elevations and calculated resulting road grades • Measured the actual cross sectional features of the road • Reviewed the Rural Road standard in the City's General Specifications and comparing this to the actual cross section • Reviewed Transportation Association of Canada's (TAC) Geometric Design Guide for Canadian Roads, specifically parts of section 2.1 on horizontal and vertical alignment, and comparing to actual road conditions • Reviewed Transportation Association of Canada's Manual of Uniform Traffic Control Devices for Canada, specifically section C2 on longitudinal pavement markings • Reviewed a draft City of Saint John Street Lighting Best Management Practice document and comparing to current street lighting in the area of the crash site • Reviewed the Reconstruction Report completed by the Saint John Police Force Location of Vehicle Control Loss It was very important to clarify when and where loss of control of the vehicle occurred during the accident in question. This information assists in isolating what portion of the road should be analyzed as well as what the driver may have perceived about the road at this time and location. 2-90 1 Police's Reconstruction Report indicated loss of control occurred on or near the crest of a hill. There is a crest of a hill approximately 90 inetres to the east of the crash site that has been assumed to be the location of loss of control. Figure 1 and Figure 2 show the location of this crest. Police's report indicated the speed of the vehicle when it left the road was conservatively SO KM/H. The site of the eventual crash was at the beginning of a subsequent horizontal curve in the road. Figure 1: Aerial photograph of Hillcrest Road in vicinity of crash site and crest of hill Figure Z: Photo showing crest of hill approximately 90 metres east of crash site in westbound lane 2 2 ok Vehicle Speed and Volume Survey A survey of vehicle speeds and volumes was conducted between November 14 and November 21 of 2011. Electronic devices were affixed to the centre of each of the two lanes near the crash site. A total of 7392 vehicles travelled this section of road in either direction during the study period. This averaged to 1056 vehicles per day, which is a relatively low amount and comparable to volumes anticipated on a residential local street. The average speed measured over the survey period was 58 KH1H, which is 8 KM /H over the 50 KM /H speed limit for this road. The 85th percentile speed' was measured to be 68 KM /H or 18 KM /H over the speed limit. Geometric Roadway Characteristics Hillcrest Road is a rural -style road in east Saint John with challenging characteristics. It contains many abrupt and close -by horizontal and vertical curves. The vehicle lanes and shoulders are narrow with ditches, rock outcrops or steep embankments along its sides. Residential driveways are located sporadically along its length. Many areas along this road would likely not meet current roadway design guidelines. A more detailed analysis of the roadway characteristics near the crash site was undertaken. The road is 6.6 metres wide between edges of asphalt, which is narrower than the City's standard for Rural Roads at 7.4 metres wide. The shoulder width varies in the area but is less than the 1.5 metres indicated in the City standard in several locations. The crest of the hill immediately cast of the crash site as shown in Figure 2 was reviewed in detail given it being the location of loss of control. A crest would have a parabolic shape with a consistent grade change over it if TAC guidelines were used to design it. The parabolic shape allows sight lines available to a motorist to be constant along the crest.2 The crest of this hill is not a parabolic shape. As illustrated in Figure 3 and shown in Table 1, the change in grade along the ascending slope is much less than the grade at the start of the descending slope of the hill. Impact on sight lines as a result of the inconsistent grade changes is discussed further in this report. 1 The 85`h Percentile Speed is the speed at which the 85% slowest vehicles during a survey were travelling at or below. It is often referenced as it typically represents the comfortable operating speed for the majority of motorists despite the posted speed limit. 2 Transportation Association of Canada's Geometric Design Guide for Canadian Roads, Section 2.1.3.3 3 2e� Elevation of Hillcrest Road Along j Vertical Curve from East to West L v 5 - -- — -- Approximate location y of crash site _ 3 — - �� i �-- - 0 20 40 60 80 100 120 140 160 Distance from Start of Vertical Curve to Crash Site (m) Figure 3: Shape of Vertical Curve to the East of Crash Site from East to 'West Distance from 143 m east of Crash Site Elevation of Road (m) (0.0 m is Crash Site) Grade of Road (%) Rate of Change in Grade ( %) 0 5.32 9.9 5.39 0.69% 0.29% 19.2 5.43 0.40% 0.10% 28.7 5.46 0.30% 0.60% 38.7 5.43 -0.30% 2.30% 48.5 5.18 -2.60% 4.00% 58.7 4.51 -6.60% 2.30% 68.5 3.64 -8.90% -0.50% 78.5 2.8 -8.40% -1.60% 88.7 2.11 - 6.80.% -0.60% 98.2 1.52 -6.20% -0.30% 108 0.94 -5.90% -1.10% 117.6 0.48 -4.80% -1.20% 127.1 0.14 -3.60% -2.40% 136 0.03 -1.20% I able 1; Elevation and [grade Changes Along Vertical Curve 4 2 0 � Analysis of the relationship between successive curves along a road is just as important as review of the individual curves. Motorists must perceive, react to and change control of their vehicle as they navigate from one curve to another. The presence of the horizontal curve immediately following the crest of the hill for westbound traffic flow in the vicinity of the crash site is not an ideal design feature .3 Observations during one of the site visits revealed the sight of the horizontal curve only becomes available as a motorist travelling westbound climbs near the peak of the crest of the hill, approximately 120 metres from this horizontal curve. The significantly greater grade change on the start of the descent of the crest compared to the ascent leads to this sight line restriction. Motorists require minimum sight distances to perceive, react to and complete various maneuvers when driving, including for a directional change on a rural road, A motorist requires 145 metres sight distance to complete this type of manuever at 50 KM/H (speed limit), 175 metres at 60 KM/H (average speed measured during traffic survey) and 230 metres at 80 KM/H (estimated speed when vehicle lcft the road) .¢ With an available sight distance of 120 metres, there is not quite enough sight distance at the speed limit. There is significantly less available sight distance than what is required at 80 KM /H. The sight distances required as detailed in the previous paragraph would likely be conservative for this particular instance. Driver expectation is another important factor in traffic engineering because drivers can react to something faster if they can anticipate it. Drivers should begin to expect challenging geometric features as they navigate Hillcrest Road because a pattern of such features develops quickly at either end of the road. Perception time to react to the curves on Hillcrest Road should therefore be generally lower than a similar situation on a road that is otherwise generally straight. The lower perception time would decrease the overall required sight distance. This heightened expectation may also explain the higher average and 85 ' Percentile speeds compared to the speed limit. A detailed analysis of the horizontal curve near the crash site was not undertaken. Loss of control of the vehicle occurred at or near the preceding crest of a hill to the east. Besides potentially reacting to the presence of the horizontal curve as discussed, its characteristics did not appear to be a significant factor in the crash. 3 Transportation Association of Canada's Geometric Design Guide for Canadian Roads, Section 2.1.4.3 (3) Transportation Association of Canada's Geometric Design Guide for Canadian Roads, Table 1.2.5.5 5 2aK Traffic Control Devices Traffic control devices are located along Hillcrest Road. A yellow centre line delineates the sides of the road along its entire length. Although the daily vehicle count volumes were relatively low that would otherwise indicate a centre yellow line is not warranted, many of the challenging vertical and horizontal curves along the length of the road would warrant this type of delineation.' A SO KM /H speed limit sign was observed as being posted near both the east and west extents of the road during the site visits; presence of the signs at the time of the accident can't be confirmed. A "Hidden Driveway: Next 5.2 KM" warning sign was observed west of the crash site facing traffic in the eastbound lane and a `Blind Hill" waning sign was observed near the east extent of the road facing traffic in the westbound lane. No warning signs were posted for the other and many challenging curves in the road. Closer to the crash site, the centre yellow line is appropriate on the vertical and horizontal curve near the crash site where sight distances are limited. The warning and speed limit sign to the west are also close enough to the crash site that they should be considered by motorists travelling eastbound in this area. The signs to the east for westbound traffic are quite removed from the crash site. Street Lighting Street lights would improve sight lines at night. Street lights are sporadic along Hillcrest Road. Street lighting in the vicinity of the crash site was analyzed using a Street Lighting Best Management Practice (BMP) document for the City that remained in draft format at the time of writing this report. Coincidentally, a section ofHillerest Road to the cast of the crash site (close to Marilyn Road) was assessed as a trial site in developing this draft BMP document. A street lighting warrant was calculated as part of this assessment and a "Partial Lighting" standard was deemed appropriate for this section of road. The author of this report assumes a "Partial Lighting" standard would also be appropriate in the vicinity of the crash site. Decision points, such as curvilinear sections of a road, warrant street lights under this "Partial Lighting" standard. A street light was observed present at or near all three curved sections in the vicinity of the crash site including near the vertical curve to the east of the crash site, the horizontal curve at the crash site and another vertical curve to the west of the crash site. The street lighting currently in the vicinity of the crash site is therefore appropriate. 5 Transportation Association of Canada's Manual of Uniform Traffic Control Devices for Canada, section CII 6 2 (7 � Asphalt Condition The asphalt surface of the road immediately at the crash site was in relatively good condition as observed during the site visits, There is some minor cracking including at the shoulder in the westbound lane. The asphalt is in poorer condition further to the east on the westbound approach to the crest of the hill. Filled potholes, a less defined road edge, and general unevenness is present as shown in Figure 4. It is unknown if the conditions were similar at the time of the accident and there is no indication in Police's Reconstruction Report that any road surface defects contributed to the loss of control. However, road surface defects may contribute to a loss of control when a motorist is attempting to correct a vehicle cresting a hill at a high rate of speed. The edge of the road in the westbound lane between the crash site and vertical curve is also falling away more significantly. It appeared some correction had been attempted previously including asphalting; a portion of the typical road shoulder area. Figure 4: Asphalt Condition of Hillerest Road westbound lane east of crash site and crest of hill Environmental Factors Environmental conditions were challenging at the time of the accident as indicated in Police's Reconstruction Report. Rain was falling leading to water on the road, which would have reduced friction between the tires and road surface. Sight distance would have been reduced given the accident occurred at night and in some fog. These challenging environmental conditions would have compounded the difficult geometric features of the road and high rate of speed at the time of the crash. )°A Additional Case - Specific human Factors Perception and reaction time varies from person to person. A standard of 2.5 seconds however is used to establish required distances, including the ones referenced in this report.6 Police's Reconstruction Report detailed other human factors that would have increased the required perception and reaction time of the driver of the vehicle involved in the crash. Although it can't be confirmed if these factors caused a perception and reaction time greater than 2.5 seconds for this particular driver, any increase corresponds to a greater sight distance needed to cause a vehicle to respond to a maneuver. These additional human factors again would have compounded the challenging geometric and environmental conditions. Conclusions The geometry of Hillerest Road at and near the site of this vehicle accident does not meet several current minimum design guidelines. The travel lanes are narrower than the City's Rural Road design standard. The crest of the hill to the east of the crash site is not a consistent parabolic shape. The required sight distance to respond to the horizontal curve following the vertical curve while travelling westbound is not available_ The asphalt surface at the crest of the hill contains defects. Viewed as an isolated site, significant geometric design changes would be required. Context however is very important in establishing recommended actions. The entire Hillcrest Road contains challenging geometric features, many perhaps worse than the site of the crash. Drivers should have an expectation as they continue along this road that the pattern of these features would continue, which should reduce the time needed to react to them. Speed limit and warning signs at both ends of the road further set this expectation_ Correcting all non -ideal geometric features along this road would be challenging and expensive given the surrounding terrain and driveways that connect to it. Similar difficult geometry would also be found throughout Saint John given how many of roads in the municipality have developed from times prior to the modern vehicle; the ability and cost to correct all these features would be an even more daunting challenge. A struggle for the author of this report was attempting to consider the other factors beyond road geometry that contributed to the accident. The high rate of speed at the time of the accident, the environmental factors and additional human factors would have significantly compounded the challenging geometric features of Hillcrest Road. Making enhancements to the geometric features or traffic control devices that would have compensated for similar circumstances would have been extremely difficult or impossible. 6 Transportation Association of Canada's Geometric Design Guide for Canadian Roads, Table 1.2.5.3 8 Some enhancements are available to improve the safety of the road in the vicinity of the crash site through this investigation. These enhancements are presented as recommendations. Recommendations The following two actions are recommended as a result of this investigation: Tim O'Reilly, P.Eng., M.Sc.E. Traffic Engineer July 2013 -2 0{ Recommended Action Intended Timeline for Completion Rationale for Action I . Install a Single Curve November 30, The sign would provide motorists with Warning Sign (WA -3R) 2013 additional expectation that the horizontal for the westbound lane curve is present given its sight is restricted by east of the crest of the the crest in the hill vertical curve 2. Make repairs to defects October 15, A smoother driving surface would assist in in asphalt surface in the 2013 correcting a vehicle with a minor loss of vicinity of the horizontal control and vertical curves Tim O'Reilly, P.Eng., M.Sc.E. Traffic Engineer July 2013 -2 0{ -)-:i:,, .fity ivianager ..t Saint . N.,, 'runs +.'Vick New -r 7�Nouveau runswicic C A N A D A ©r"fico of the Chief Coroner 364 Argylc ctree; F O Box 6000 Fredericton, NA3, E38 5H1 Teiephcne: (506) 453 -3604 Fax: (506) 462 -20H' November 3, 2011 owst atnt,loi?ti - June ?, 20 :{s /-',c• �-,,;-J ; c aware, our office is the principal investigative agency charged with the fb,Ov of i ,i5-estigating sudden deaths in New Brunswick, under the authority of the } (s ".:` onlunction with other investigative agencies, the coroner's i lVestigatioi of the deceased, clarifies the circumstances of the death and considers t, 10 P;`,rr c,.. , , ?: I in similar circumstances can be prevented. In certain cases, the coroner a p1l;.1is ; i; ~;q;lest — a formal hearing of the facts of the case, involving a jury, who rna" snake recrir-,-1eridabons for change. In other cases, the coroner may feel that recemrner dot ens are warranted, given the facts presented. is is '; �c case of a 15 year old female who came to her death as a result of a motor v(± 1,pssi 1v3,iC 1 took place in the immediate area of 110 Hiilcrest Road, East Saint John. TI- e vr;rr ;s, o, in which the deceased was a passenger, was travelling north on Hillcrest Ro&dl ut hi,;t. in pnor visibility. At the crest of the hill, the driver lost control of the r;h clr , c r;; ; c to the opposite side of the road and subsequently overcorrected. This c;vcrcorrc. ciioro exulted in the vehicle hitting the soft shoulder and continuing down a steep err)bL nkmcnt ,jvhore it came to rest upside down on top of the deceased who was ejected frr,m tht- vehicle. Pubk Safety /Skurite puHque LFagg ail i www.gnb.ca �A e ,hlc,rough inv�;stigation by the coroner, he concluded that the deceased died a r :sir ...i t�f is ')rcu trauma to the chest secondary to a motor vehicle upset end made: the 'i v of S,-inf John review the area of the accident and consider safety tz to the highway right-of-way. f '� = ;f•. c} . iif i",ave the area inspected as per natioraiiy recognized standards of d " take the appropriate action. Wl- ( -,a, vriii be highlighted in the 2011 Annual Report of the Chief Coroner to be I:Y:lled in 'Lihe New Brunswick Legislature in the fall of 2012. A response to the recommendation and actions t %;Yr, wou;d be appreciated no later than June 30, 2012. f I - ^'; ', for your attention to this matter. Yours truly, Gregory J. Forestell Chief Coroner G,j F/ ad j-'Z .Z REPORT TO COMMON COUNCIL August 6, 2013 His Warship Mayor Mel Norton The City of Saint john and Members of Common Council Your Worship and Members of Council: Re: Proposed Saint John Skateboard By -Law Amendment At its Committee of the Whole meeting held on December 17, 2012, the Committee adopted the following resolutions: "RESOLVED that the City Solicitor be directed to draft an amendment to By -law Number M -27, A By -law Regulating the Use of Skateboards and Other Recreational Equipment Within The City of Saint John in cooperation with appropriate staff to include an identifiable list of suitable City streets, sidewalks and parks suitable for skateboard use." "RESOLVED that the City Solicitor be directed to draft a by -law which would require the use of an industry approved skateboard helmet while operating a skateboard on those streets, sidewalks and parks identified in By -Law M -27." The City's Solicitors Office has prepared an amendment to the Saint John Skateboard By -law which achieves the results Council seeks and stipulated in the above -noted resolutions. It is in order for Common Council to give the attached amendment to the Saint John Skateboard By -law first and second reading. Respectfully submitted, J. Patrick Woods, CGA City Manager Nay /Z Jo . L. Nugent C' y Solicitor c r \ THE CITY OF SAINT JOHN NEW BRUNSWICK A By -law respecting the Use of Skateboards and Other Recreational Equipments within The City of Saint John By -law Number M -27 An uncertified copy of this by -law is available online Arrete relatif a Putilisation des planches a roulettes et autres equipements de loisirs dans The City of Saint John Arrete numero M -27 Une copie non certifiee de 1'arrete' est disponible en ligne -2- TABLE OF CONTENTS TABLE DES MATIERES Section Description Page Article Designation Page Recitals 2 Preambule 2 1 Title 3 1 Titre 3 2 Definitions 3 2 Definitions 3 3 Interpretation 5 3 Interpretation 5 4 Prohibited Areas 6 4 Zones interdites 6 5 Permitted Areas 6 5 Zones permises 6 b Josh's Law 7 6 Loi de Josh 7 7 Offences 7 7 Infractions 7 8 Repeal 8 8 Abrogation 8 Schedule A 9 Annexe A 9 RECITALS WHEREAS Common Council deems it advisable to pass this by -law because it establishes standards to regulate and control the use and operation of skateboards and other recreational equipments on streets, sidewalks and parks within the City of Saint John; AND WHEREAS Common Council deems it necessary to prohibit and regulate the use and operation of skateboards and other recreational equipments for promoting the safety PREAMBULE Attendu clue : le CONSEIL COMMUNAL juge opportun de prendre le present arrete car it etablit des normes pour reglementer et contr8ler Putilisation et Poperation de planches a roulettes et autres equipements de loisirs dans les rues, les trottoirs et les pares de la MUNICIPALTTE ; le CONSEIL COMMUNAL juge opportun d'interdire et de reglementer l'utilisation et l'operation de planches a roulettes et autres equipements de loisirs pour promouvoir la securite et le bien -etre des habitants de la and welfare of the inhabitants within the City of Saint John; AND WHEREAS subject to the Motor Vehicle Act, paragraph 7(3)(c) of the Municipalities Act authorizes municipalities to make by -laws with respect to such powers and services carried or provided under the Municipalities Act; sm MUNICIPALITE ; sous reserve des dispositions de la Loi sur les vehicules a moteur, l'alinea 7(3)c) de la Loi sur les municipalites autorise les municipalites A prendre des arretes concernant les pouvoirs ou services conferes ou fournis qui sont prevus par Ia Loi sur les municipalites ; NOW THEREFORE, the Common Council of A CES CAUSES, le CONSEIL COMMUNAL de The City of Saint John, enacts as follows: The City of Saint John edicte : Title L This by -law may be cited as the Saint John Skateboard By -law (hereinafter the "By- law "). Definitions 2. Whenever a word is used in this By -law with its first letter capitalized, the term is being used as it is defined in this Section 2. Where any word appears in ordinary case, its regularly applied meaning in the English language is intended. "City" means The City of Saint John (Municipalite); "Common Council" means the elected municipal council of the City (Conseil communal); "Designated Area" means an area listed in Schedule A (Zone designee); Titre 1. Le present arrete peut etre cite sous le titre Arrete relatif aux planches a roulettes de Saint John (ci -apres o I'ARRETE >>). Definitions 2. Dans le present ARRETt, les termes en petites majuscules sont employes au sens defini au present article, les autres mots ayant leur sens ordinaire en franrais. «CONSEIL COMMUNAL >> designe les membres elus du conseii municipal de la MUNICIPALITE (Common Council); << DIVISION DES PARCS ET ESPACES PUBLICS » design la division des pares et espaces publics de la MUNICIPALITE ou un division avec autorite' et responsabilites similaires (Parks and Public Spaces Division); o EQUIPEMENT DE LOISIRS >> design des patins, patins a roulettes, patins a roues "Parks and Public Spaces Division" means the division of parks and public spaces of the City or a related division with similar authority and responsibilities (Division des parts et espaces publics); "Recreational Equipment" means any skates, rollerskates, rollerblades, non- motorized scooter or tricycle, push cart, soap box vehicle and other similar recreational equipments (Equipement de loisirs); "Sidewalk" has the meaning ascribed thereto in the Motor Vehicle Act, and also includes Harbour Passage (Trottoir); "Skateboard" means a board constructed of any material which has affixed thereto rollers or wheels designated to be mounted or operated by any individual or individuals; and "Skateboards" shall have a corresponding meaning (Planche a roulettes); "Special Event" means a one time event or annual event within the City recognized as such by Common Council (Evenement special); "Station 1 Skatepark" means the Skateboards park located at the Harbour Station site bounded southerly by Station Street in the City (Planchodrome de la aligne'es, scooter ou tricycle non motorises, charrette, vehicule de caisses a savon et autres equipements similaires (Recreational Equipment); << EVENEMENT SPECIAL » designe un seul evenement ou un evenement annuel se deroulant dans la MUNICIPALITE reconnu comme tel par le CONSEIL COMMUNAL (Special Event); o MUNICIPALITE » design The City of Saint John (City); o PLANCHE A ROULETTES >> de'signe une planche construite de materiaux quelconques fixee a des roulettes ou des roues, designee a titre montee ou utilisee par un individu ou des individus; et PLANCHES A ROULETTES >> a un sens correspondant (Skateboard); PLANCHODROME DE LA STATION I » de'signe le pare de PLANCHES A ROULETTES situe sur le site de Harbour Station delimite au sud par la rue Station dans la MUNICIPALITI (Station 1 Skatepark); << RUE >> a le sens attribue daps 1'Arrete relatif a la circulation daps The City of Saint John, y compris un TROTTOIR, mais pour plus de clarte exclut une ZONE DESIGNEE (Street); o TROTTOIR >> a le sens attribue daps la Loi sur les vehicules a moteur, y compris le Passage du Port (Sidewalk); -5- Station 1); "Street" has the meaning ascribed thereto in the Saint John Traffic By -law and includes a Sidewalk, but for certainty, excludes a Designated Area (Rue). Interpretation « ZONE DESIGNEE » de'signe un endroit enumere A Pannexe A (Designated Area). Interpretation 3. Rules for interpretation of the language 3. Les regles d'interpretation suivantes used in this By -law are contained in the s'appliquent au present ARRETE. lettered paragraphs as follows: (a) The captions, article and section names and numbers appearing in this By -law are for convenience of reference only and have no effect on its interpretation. (b) This By -law is to be read with all changes of gender or number required by the context. (c) Each reference to legislation in this By -law is printed in Italic font. Where the name of the statute does not include a year, the reference is to the Revised Statutes of New Brunswick, 1973 edition. Where the name of the statute does include a year, the reference is to the Statute of New Brunswick for that year. In every case, the reference is intended to include all applicable amendments to the legislation, including successor legislation. Where this By -law references other by -laws of the City, the term is intended to include all applicable amendments to those by -laws, including successor by -laws. a) Les titres, intertitres et numeeos des dispositions ne servent qu'a faciliter la consultation de 1'ARRETE ct ne doivent pas servir a son interpretation. b) Le genre ou le nombre grammaticaux doivent etre adaptes au contexte. C) Les renvois legislatifs paraissent en italique. Its visent les Lois revisees du Nouveau - Brunswick de 1973 sauf mention d'une annee particuliere, auquel cas ils visent les Lois du Nouveau - Brunswick de cette annee -la. Dans tous les cas, le renvoi a une loi vise egalement les modifications qui s'y appliquent, y compris toute legislation de remplacement. Les renvois a d'autres arretes de la MUNICIPALITE visent egalement les modifications qui s'y appliquent, y compris tout arrete de remplacement. M (d) The requirements of this By -law are in addition to any requirements contained in any other applicable by -laws of the City or applicable provincial or federal statutes or regulations. (e) If any section, subsection, part or parts or provision of this By- law, is for any reason declared by a court or tribunal of competent jurisdiction to be invalid, the ruling shall not affect the validity of the By -law as a whole, nor any other part of it. (� The schedule attached to this By -law is included in and shall be considered part of this By- law. Prohibited Areas 4(1). No person shall ride on or operate a Skateboard on any Street. 4(2). No person shall ride on, operate or use any Recreational Equipment on any Street. Permitted Areas 5(1). A person is permitted to ride on or operate a Skateboard within a Designated Area. 5(2). Skateboards are only permitted in the Station l Skatepark. 5(3). A person is permitted to ride on, operate or use any Recreational Equipment d) Les obligations qu'il crde s'ajoutent a celles decoulant d'autres arretes applicables de la MUNICIPALITE ou des lois ou reglements federaux ou provinciaux applicables. e) Si une disposition quelconque est declaree invalide par un tribunal competent pour quelque motif que ce soit, la decision n'entache en rien Ia validity de I'ARRf-TE dans son ensemble ni de to-ate autre disposition. f) L'annexe jointe au present ARRETE est incluse et dolt etre consideree comme faisant partie du present ARRETE. Zones interdites 4(1), Nul ne peat monter ou operer une PLANCHE A ROULETTES sur une RUE. 4(2). Nul ne peut monter, operer ou utiliser quelconque EQUIPEMENT DE LOISIRS sur une RUE. Zones Permises 5(1). Une personne est autorisee a monter ou A operer une PLANCHE A ROULETTES dans une ZONE DESIGNEE. 5(2). Les PLANCHES A ROULETTES sont sculement permises au PLANCHODROME DE LA STATION 1. 5(3). Une personne est autorisee a monter, operer ou utiliser tout EQUIPEMENT DE -7- within a Designated Area or during a Special Event, but for certainty, is not permitted in the Station 1 Skatepark. LOISIRS dans une ZONE DESIGNEE ou lors d'un EvtNEMENT SPECIAL, mais pour plus de clarte, n'y est pas autorisee au PLANCHODROME DE LA STATION 1. 5(4). A request for street closure must be 5(4). Une demande de fermeture de rue doit submitted to the Saint John Police Force titre soumise au Service de police de in order to allow a Special Event on any Saint John afrn de permettre la tenue Street. d'un EVENEMENT SPECIAL daps une RUE. 5(5). No more than one (1) person shall ride on or operate a Skateboard or use a 5(5). Pas plus d'une (1) personne a la fois Recreational Equipment at a same time. devrait monter ou operer une PLANCHE A ROULETTES ou utiliser un EQUIPEMENT DE LOISIRS. Josh's Law Loi de Josh 6(1). A person riding on or operating a Skateboard, or using a Recreational Equipment, must wear a helmet approved or certified by the Canadian Standards Association, or similar agency, within a Designated Area, or during a Special Event. Offences 7. Any persons who violates any of the provisions of this By -law is guilty of an offence and liable upon summary conviction to a fine of not less than twenty -five dollars ($25) and not more than five hundred dollars ($500). 6(1). Une personne montee a ou operant une PLANCHE A. ROULETTES, ou qui utilise un EQUIPEMENT DE LOISIRS, doit porter un casque approuve ou certifie par i'Association canadienne de normalisation, ou un organisme si nilaire, dans une ZONE DESIGNEE, ou lors d'un EVENEMENT SPECIAL. Infractions 7. Toute personne qui contrevient a une disposition du present ARRETE est coupable d'une infraction et passible sur condamnation sommaire d'une amende d' au moins vingt -cinq dollars (25 $) et d'au plus cinq cents dollars (500$). ME Repeal 8. A By -law of The City of Saint John enacted on the 21" day of November, 2005 entitled "By -law Number M -27, A By -law Prohibiting the Use of Skateboards on Streets" and all amendments thereto are repealed. IN WITNESS WHEREOF the City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this By -law the day of August, A.D. 2013 and signed by: Mayor /Maire Abrogation 8. L °arretd de The City of Saint John edicte le 21' jour de novembre 2005 intitule « Arrete N° M -27, Arrete interdisant l'utilisation des planches a roulettes sur les rues », ainsi que les modifications afferentes sont abroges. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present ARRETE le aout 2013, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture - Second Reading - Deuxieme lecture - Third Reading - Troisieme lecture - M Schedule A 1. Station 1 Skatepark 2. Harbour Passage 3, Rockwood Park, including all Sidewalks and paved pathways within the park 4. Old tennis courts at Latimore Lake forming part of Parcel Identifier 55125496 5. The designated area within Market Place West forming part of Parcel Identifier 00361675 Annexe A 1. Planchodrome de la Station 1 2. Passage du Port 3. Pare Rockwood, y compris les TROTTOIRS et les voies pavees dans le pare 4. Les anciens courts de tennis au lac Latimore faisant partie du numero d'identification de la parcelle 55125496 5. La zone designee a l'intdrieur de la place Market Ouest faisant partie du numero d'identifcation de la parcelle 00361675 REPORT TO COMMON COUNCIL M & C — 2013 -177 August 12, 2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Safe, Clean Drinking Water Program - Update The purpose of this report is to update Council on the status of the City's application for funding from PPP Canada; and to seek Council's authorization to proceed on certain matters pertaining to the application. The funding application for "Round 5" consideration was submitted to PPP Canada, by the City, on June 12, 2013, in the hope that it could be considered at the September meeting of the PPP Board. While the application was relatively simple (only 19 pages), the supporting documentation, clarifications, additional engineering and cost estimates required have been significant. The P3 application process is extremely rigorous, project specific, and requires considerable resources and effort from the applicant. Staff of PPP Canada, while seemingly relentless in their pursuit of detailed specific information, have been very helpful in guiding the City through the process. PPP Canada staff have repeatedly indicated that the City has a strong application and they have expressed optimism in the outcome. Currently, the City's application is being reviewed by PPP Project Development and the Investment Group concurrently. From there, a report and recommendation will be forwarded to the Board of Directors. "As discussed our plan is to accelerate the internal review and documentation to bring this project to our board in September. However we will need your full cooperation to address remaining issues and amend the business case with these requirements. The two groups at PPP Canada are now reviewing the SJ business case. Project Development has teamed up with the Investment group to complete this review and author the report to our board which is under development." (Excerpt from email sent to Bill Edwards from PPP Canada on July 19, 2013) As stated, PPP Canada are rigorous in their approach to the analysis of all applications for funding. PPP Canada must be absolutely assured that their investment in a project is sound from both an economic perspective, and from a public procurement perspective. In that regard, there is strict adherence to policies and protocols respecting the procurement process. Transparency, fairness, and 120 M &C 2013 -177 Page 2 competitiveness are key elements. Further, commitment from the project sponsor, the City, is paramount. Financial capacity /tolerance, staffing commitment and availability, as well as public engagement strategies, are significant considerations in the P3 funding considerations. The City has been asked to identify, develop, and communicate these strategies to PPP Canada. Staffing Apart from the obvious need to demonstrate financial capacity, staffing and engagement of qualified professionals is key to achieving a successful procurement and a successful project. Both the City and PPP Canada recognize this need and have collaborated to structure a team to lead a successful project. Appended to this report (Appendix A) is a series of diagrams (organizational structures) depicting the various staffing expertise comprising each of the governance teams. The roles and responsibilities described therein, along with the individuals filling those roles, will ensure a positive outcome for the application and its project delivery. The individuals being engaged are City employees, Provincial employees on secondment, and contract employees. Special thanks to the Premier's Office for extending the offer to engage staff from Partnerships New Brunswick (PNB). Council will note that all positions are not full -time for the duration of the project. Nevertheless, the City administration must be cognizant that the assignment of key employees to this project will put a capacity strain on some City Departments; in some cases for an extended period. Some employee backfilling and /or external support will likely be required in certain instances. In the recommendations that follow, Council is asked to approve: the governance structure (Appendix A), the secondment of two (2) PNB employees, the filling of three (3) temporary employees (1 part-time Procurement Specialist, 1 full - time Communications Support, 1 Records and Information Manager). (Note: The Communications Support and the Records and Information Manager positions to be filled at a future date as determined by the City Manager). Going Forward As stated previously, the City's application is now in the Business Case and Investment stage of the process. As this moves forward, staff continues to prepare to move to the first significant stage of procurement, the issuance of the RFQ (Request for Qualifications from potential bidders). In anticipation of PPP Canada approvals, staff have prepared and issued (July 31) an RFP (Request for Proposal) for an "Owner's Engineer ". The "Owner's Engineer" will be an engineering firm, or consortium of firms with demonstrated expertise in the engineering design and construction of drinking water systems within a public - private partnership model. The "Owner's Engineer" will work on behalf of the City. Very broadly, the "Owner's Engineer" is to ensure that all phases of the project are in full compliance 121 M &C 2013 -177 Page 3 with project documents, commissioning protocols, and construction standards. More specifically, the "Owner's Engineer" is to advance the degree of available information relative to the data collection, site surveys, preliminary design and cost estimates, etc. A full description of the "Owner's Engineer" duties is found in the RFP documents. The "Owner's Engineer" will also be a key participant in the evaluation of the RFQ and the preparation and evaluation for the subsequent RFP for the project. Staff anticipate a recommendation to Council in late September for the engagement of the "Owner's Engineer ". Another key participant in the governance model is that of specialized legal advisors. Staffs are now in the process of putting together an RFP for legal services. Similar to the "Owner's Engineer ", we will be seeking the services of a law firm which has demonstrated expertise in public - private partnerships. Two very critical components of a successful P3 process are the upfront development of output specifications, and the subsequent language of the contract agreement at Financial Close. It is imperative that the City have the very best professional advisors in the preparation of these documents. The agreement will be for 30 years. Staff anticipates issuing this RFP for legal services in late September. In September 2012, staff called for proposals from prequalified P3 consultants to assist the City in the preparation of the Business Case, Value for Money, and Affordability Analysis Council subsequently awarded to PricewaterhouseCoopers (PwC). At the time, Council recommended that only Phase 1 of the RFP be awarded; whereas there were uncertainties and some lack of clarity as to how the City's application would be accepted and processed though PPP Canada. The RFP had required that separate pricing be identified for each of the three phases. Accordingly, PwC was engaged for Phase 1: Evaluation and Recommendation of Business Case and Procurement Models at a contract price of $80,000 plus HST and disbursements. The application and evaluation processes proved to be much longer and rigorous that anticipated by both the City and PwC. This, coupled with the requirement to re -apply to "Round 5 ", necessitated considerably more effort and time to be expended by City staff, PwC, and PPP Canada staff. The additional costs incurred by PwC have been billed to the City in accordance with their hourly rate as submitted in their response to the RFP. This additional amount is approximately, $125,000 plus taxes and disbursements. Whereas the City is now confident that the P3 application for funding is continuing to be processed, it is appropriate (and necessary) to further engage PwC for Phases 2 and 3 of the advisory services proposal. The costs are estimated to be - Phase 2: Commencement of the Procurement Process - $230,000, and Phase 3: Negotiations and Financial Close - $50,000. Accordingly, staff are recommending the further engagement of PwC as outlined below. 122 M &C 2013 -177 Your Worship and Council, your staff are very confident that PPP Canada will consider favorably the City's application for funding for the Safe, Clean Drinking Water Program. We believe that we have met a very rigorous analysis required by PPP Canada and we firmly believe that the P3 approach will yield significant value for money for the ratepayers of the City of Saint John. There is considerable work to be done over the next months and years, and with the continued commitment and support of Council, the objectives for SCDW will be obtained. RECOMMENDATIONS: It is recommended that: 1. Council approve the governance structure as outlined in Appendix A. 2. Council authorize the secondments of two (2) provincial employees (specialists in P3 procurement), and approve the hiring of one (1) additional part-time individual (specialist in P3 procurement). Approve the hiring of two temporary positions (one (1) Communications Office, one (1) Common Clerk's Office). See attached Appendix B. 3. Council authorize the additional payment to PricewaterhouseCoopers for the Phase 1 procurement in the amount of $125,000 plus taxes. 4. Council authorize the engagement of PricewaterhouseCoopers for Phase 2: Commencement of the Procurement Process and Phase 3: Negotiations and Financial Close. Price not to exceed $350,000 plus disbursements and taxes. 5. This report be received and filed. Respectfully submitted, �Vzlv_ Wm. Edwards, P.Eng. Commissioner of Transportation & Environment and Saint John Water WmE /pmc Attachments (2) 123 J. Patrick Woods, CGA City Manager Page 4 Secondment Agreement AMONG: THE CITY OF SAINT JOHN - and - (Third Party) HER MAJESTY THE QUEEN in right of the Province of New Brunswick as represented by the Minister of Transportation and Infrastructure (Original Employer) - and - DAVID P. WITHERS (the "Employee ") - and - THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA (GROUP: AGRICULTURE, VETERINARY, ENGINEERING, LAND SURVEYING AND ARCHITECTURE) (the "Union ") WHEREAS it has been agreed by the Third Party, the Original Employer, the Employee and the Union that the Employee be seconded from the Original Employer to the Third Party for the purposes of assuming duties and responsibilities as Quality and Process Engineer for the Third Party's Safe, Clean Drinking Water ( "SCDW ") Program; AND WHEREAS the parties agree that the secondment is governed under the following terms and conditions. The parties hereto agree as follows: 1. Term 1.1 This Agreement shall commence on or about September 3rd, 2013 and shall continue to and expire on a date that the services of the Employee are no longer required, in accordance with either Article 6 or 7 hereof (the "Term "). 2. Seconded Services 2.1 During the Term, the Employee shall remain an employee of the Original Employer and shall be assigned to perform duties by the Third Party as set out in the position description attached as Schedule "A" and such other duties that may be identified by the SCDW Project Manager. 124 2 2.2 During the Term, the Employee shall work for the Third Party as a 0.6 full time equivalency ( "FTE "), as determined and assigned at the sole discretion of the City having regard to the demands, milestones and deadlines associated with the SCDW Program. 2.3 During the Term, the Third Party will review, as required, the Employee's work and it will, at completion of the Term, provide a written evaluation of the Employee's overall performance to the Original Employer. The Third Party agrees to maintain all records related to the secondment of the Employee and shall transfer any records relating to the Employee's secondment to the Original Employer upon completion of the Term. 3. Conditions 3.1 The Original Employer shall pay the Employee $76,160.00 during the Term (subject to any adjustments arising by operation of the Working Agreement between the Original Employer and the Union, which is attached as Schedule "B" together with any benefits provided by the Original Employer from time to time. 3.2 The Third Party agrees to reimburse the Original Employer for sixty (60) percent of the Employee's salary, benefits and other costs incurred by the Original Employer. The Original Employer shall establish a monthly billing system. 3.3 Should any other costs arise from the operation of Schedule "B" owing to the demands or requirements of the Third Party or the Original Employer as the case may be, such costs shall be borne by the party responsible for those costs having been incurred. 4. Confidentiality 4.1 The Employee shall keep strictly confidential all information concerning the Original Employer and /or Third Party, or any of the business or activities of the Original Employer and /or Third Party acquired as a result of participation in this Agreement. 4.2 The Original Employer agrees to acknowledge credit to the Third Party of any published and unpublished printed information associated with the Employee in any way during the course of the secondment. S. Hold Harmless 5.1 The Original Employer agrees to hold the Third Party harmless: (a) From any and all claims, demands, actions or causes of action by the Employee which relate in whole or in part to the Agreement, or the secondment of the Employee from the Original Employer to the Third Party or the appointment of the Employee pursuant to Article 2.1; (b) From any and all third party claims, demands, actions or causes of action, including those arising out of negligence, wilful harm, or crimes by the Employee which occur during the Term; and 125 3 (c) From any and all costs associated with claims made by the Employee under the Workers' Compensation Act which arise, in whole or in part, during the Term for which the Third Party is liable. 6. Termination 6.1 The Original Employer or the Third Party may terminate this Agreement on one (1) months written notice. 6.2 The Original Employer or the Third Party may terminate this Agreement on less than one (1) months written notice on terms which are mutually acceptable to the Original Employer and the Third Party. 6.3 In the event of termination of this Agreement under 6.1 or 6.2, the Original Employer and the Third Party shall pay to each other such amounts as each may be entitled to receive from the other up to the date of termination. 7. Completion of Assignment. 7.1 Immediately after completion or termination of this Agreement, the Employee shall return to the Original Employer with a position equivalent to and at the same classification and pay level as if the secondment had not been in place. If the Original Employer is subject to workforce reductions which would have resulted in the Employee being laid off if the Employee had not been on secondment pursuant to this Agreement, the Employee will be provided with the same treatment and entitlements as other departmental employees. SIGNED, SEALED AND DELIVERED ) Third Party this • day of August, 2013, before me: ) Common Clerk Resolution Date: Mayor SIGNED, SEALED AND DELIVERED ) Original Employer this • day of August, 2013, before me: ) SIGNED, SEALED AND DELIVERED 126 this • day of August, 2013, before me 4 David P. Withers SIGNED, SEALED AND DELIVERED ) Union this • day of August, 2013, before me: ) 127 5 Schedule "A" JOB DESCRIPTION POSITION: Quality and Process Engineer (SCDW Program) DEPARTMENT: Saint John Water CLASSIFICATION: Secondment from Province of New Brunswick Reporting to the Project Manager of the Safe, Clean Drinking Water (SCDW) Program, the Quality and Process Engineer works to ensure that every citizen of Saint John has access to clean and safe drinking water. NATURE OF WORK The Quality and Process Engineer supports The City of Saint John (the "City ") in achieving its long -term vision and goal for safe, clean drinking water. Services are delivered to enhance the quality of drinking water and protect the natural environment with the treatment of residual waste. SCDW Program Duties 1. During Procurement Phase: • Supports development of procurement documents, contractor deliverables and routine submissions in accordance with industry best practices and writes specifications as necessary for inclusion into the documentation; • Supports development of evaluation criteria of bidders; • Supports evaluation of bids, including analysis on construction pricing to production rates, commodity pricing, fees, etc; • Develops overall construction execution plan, integrating all elements of program scope and contractor packages; • In conjunction with appropriate Third Party staff, develops and reviews documentation for tender documents; • In conjunction with appropriate Third Party staff, develops requirements and Quality management standards for RFQ and RFP's and conducts evaluation of the Quality Management section of the RFQ and RFP responses; • Participates on the technical committee, as required, and • Shares the program management workload of the Design and Construction Engineers and performs General Program Management and engineering duties to ensure that the needs of the SJ Water Operations group are met. 128 N. 2. During Design /Construction Phase: • Schedules and conducts audits of the Contractor's Quality Management System and schedule field and office audits for design and construction activities; • Continuously improves the internal management system used by the program group; • Prepares and presents statistics with respect to auditing and non - conformances; • Prepares and reviews all audit reports, quality notices and notices of Non - Conformance to be sent to the Contractor; • Supports construction management and interfaces with Contractors on all field installation progress and performance; • Supports construction management and interfaces with Contractors and Environmental Health and Safety (EHS) Contractor Personnel on all aspects of EHS performance and program compliance. Performs ongoing monitoring, surveillance and audits on EHS plans and controls in place per regulatory commitments, codes, standards and best practises; • Supports quality management by conducting in- progress surveillance of construction works in accordance with codes, standards and best practises; • Reviews contractor quality plans with respect to the conduct of inspections and testing activities with appropriate intervention and verification points; • Liaises with the Contractor's Quality Manager; • Provides advice to the Program Manager with respect to quality matters and acts as an advisor to the Project Manager and others on various aspects of the program processes; • Act as primary auditor for quality control and quality assurance (Program agreements, ISO Certification, water quality standards); • Ensures that documents are complete and accurate; • Works with the Technical Committee to engage and manage Construction Engineer #2 and Construction Auditor(s); • Manages Program Staff by 1. Maintaining overall construction execution plan, 2. Monitoring safety performance of Contractors and Contractor Personnel, 3. Monitoring fulfillment of environmental, health and safety program commitments, 4. Monitoring and assuring standard of construction in accordance with program requirements. The Quality and Process Engineer also provides engineering services to support the integrity of the municipal infrastructure through high quality, cost effective engineering support as required by: • Providing technical advice related to water, wastewater, storm drainage and transportation systems and services; • Assessing technical needs, issues and construction management and providing quality reports on engineering standards and programs; • Researching, advising, selecting and maintaining high quality general specifications; • Understanding and diligently administering the City's policy for tendering of construction contracts and guiding other staff and consultants in doing so; and • Providing technical guidance and advice to operations and technical staff to ensure effective and sustainable construction and maintenance practices. Support community infrastructure needs in a particular area of focus by 129 7 • Researching new, better and more cost effective construction products and methods; • Conducting thorough analysis, resource and budgetary planning, monitoring and high quality reporting; • Studying and advising on municipal infrastructure needs and asset management systems; • Preparing requests for proposals for engineering studies and participating in the valuation of submissions and • Preparing applications for infrastructure funding from other governments. ESSENTIAL QUALIFICATIONS: Ability to work in a team based environment Strong conceptual and analytical thinking ability Ability to work cooperatively with internal and external clients Experience in Project Management in a civic environment Education and Certification An undergraduate degree and Diploma in Civil Engineering Must be registered as a Professional Engineer in good standing with the Association of Professional Engineers and Geoscientists of New Brunswick A proficiency level of knowledge of Microsoft Office Systems and a Class 5 Driver's License are required 130 Secondment Agreement AMONG: THE CITY OF SAINT JOHN - and - (Third Party) HER MAJESTY THE QUEEN in right of the Province of New Brunswick as represented by the Minister of Transportation and Infrastructure - and - Frederick M. Blaney (Original Employer) (the "Employee ") WHEREAS it has been agreed by the Third Party, the Original Employer and the Employee that the Employee be seconded from the Original Employer to the Third Party for the purposes of assuming duties and responsibilities as Fairness Monitor and Project Engineer for the Third Party's Safe, Clean Drinking Water ( "SCDW ") Program; AND WHEREAS the parties agree that the secondment is governed under the following terms and conditions. The parties hereto agree as follows: 1. Term 1.1 This Agreement shall commence on or about September 3`d, 2013 and shall continue to and expire on a date that the services of the Employee are no longer required, in accordance with either Article 6 or 7 hereof (the "Term "). 2. Seconded Services 2.1 During the Term, the Employee shall remain an employee of the Original Employer and shall be assigned to perform duties by the Third Party as set out in the position description attached as Schedule "A ", and such other duties that may be identified by the SCDW Project Manager. 2.3 During the Term, the Third Party will review, as required, the Employee's work and it will, at completion of the Term, provide a written evaluation of the Employee's overall performance to the Original Employer. The Third Party agrees to maintain all records related to the secondment of the Employee and shall transfer any records relating to the Employee's secondment to the Original Employer upon completion of the Term. 131 2 3. Conditions 3.1 The Original Employer shall pay the Employee $120,978.00 during the Term together with any benefits provided by the Original Employer from time to time, subject to any adjustments arising by operation of the Original Employer's pay scale and policies that are applicable to the Employee. 3.2 The Third Party agrees to reimburse the Original Employer for the Employee's salary, benefits and other costs incurred by the Original Employer. The Original Employer shall establish a monthly billing system. 4. Confidentiality 4.1 The Employee shall keep strictly confidential all information concerning the Original Employer and /or Third Party, or any of the business or activities of the Original Employer and /or Third Party acquired as a result of participation in this Agreement. 4.2 The Original Employer agrees to acknowledge credit to the Third Party of any published and unpublished printed information associated with the Employee in any way during the course of the secondment. 5. Hold Harmless 5.1 The Original Employer agrees to hold the Third Party harmless: (a) From any and all claims, demands, actions or causes of action by the Employee which relate in whole or in part to the Agreement, or the secondment of the Employee from the Original Employer to the Third Party or the appointment of the Employee pursuant to Article 2.1; (b) From any and all third party claims, demands, actions or causes of action, including those arising out of negligence, wilful harm, or crimes by the Employee which occur during the Term; and (c) From any and all costs associated with claims made by the Employee under the Workers' Compensation Act which arise, in whole or in part, during the Term for which the Third Party is liable. 6. Termination 6.1 The Original Employer or the Third Party may terminate this Agreement on one (1) months written notice. 6.2 The Original Employer or the Third Party may terminate this Agreement on less than one (1) months written notice on terms which are mutually acceptable to the Original Employer and the Third Party. 6.3 In the event of termination of this Agreement under 6.1 or 6.2, the Original Employer and the Third Party shall pay to each other such amounts as each may be entitled to receive from the other up to the date of termination. 132 3 7. Completion of Assignment. 7.1 Immediately after completion or termination of this Agreement, the Employee shall return to the Original Employer with a position equivalent to and at the same classification and pay level as if the secondment had not been in place. If the Original Employer is subject to workforce reductions which would have resulted in the Employee being laid off if the Employee had not been on secondment pursuant to this Agreement, the Employee will be provided with the same treatment and entitlements as other departmental employees. SIGNED, SEALED AND DELIVERED ) Third Party this • day of August, 2013, before me: ) Common Clerk Resolution Date: Mayor SIGNED, SEALED AND DELIVERED ) Original Employer this • day of August, 2013, before me: ) SIGNED, SEALED AND DELIVERED this • day of August, 2013, before me Frederick M. Blaney 133 4 Schedule "A" JOB DESCRIPTION POSITION: Fairness Monitor and Project Engineer (SCDW Program) DEPARTMENT: Saint John Water CLASSIFICATION: Secondment from Province of New Brunswick Reporting to the Project Manager of the Safe, Clean Drinking Water (SCDW) Program, the Quality and Process Engineer works to ensure that every citizen of Saint John has access to clean and safe drinking water. NATURE OF WORK The Fairness Monitor and Project Engineer supports The City of Saint John in achieving its long -term vision and goal for safe, clean drinking water. Services are delivered to enhance the quality of drinking water and protect the natural environment with the treatment of residual waste. SCDW Program Duties The Fairness Monitor and Project Engineer provides expertise in the Private Public Partnership (P3) process and • Ensures a fair process for the bidders; • In conjunction with appropriate Third Party staff, advises on RFQ/RFP processes and trains evaluators prior to proposal review; • In conjunction with appropriate Third Party staff, develops procedures to be followed during procurement to ensure fairness and follows procurement policies established by the Third Party's Common Council; • Monitors all program team members; • Ensures compliance with industry best practices for P3 programs; • Communicates with external proponents and ensures that all communications with proponents are fair and appropriate. During Procurement Phase • Supports development of procurement documents, contractor deliverables and routine submissions in accordance with industry best practices and writes specifications as necessary for inclusion into the documentation; • Supports development of evaluation criteria of bidders; • Supports evaluation of bids, including analysis on construction pricing to production rates, commodity pricing, fees, etc; 134 5 • Develops overall construction execution plan integrating all elements of program scope and contractor packages; • In conjunction with appropriate Third Party staff, develops and reviews documentation for tender documents; • Participates on the technical committee, as required, and • Shares the program management workload of the Design and Construction Engineers and performs General Program Management and engineering duties to ensure that the needs of the SJ Water Operations group are met. The Fairness Monitor and Project Engineer also provides engineering services to support the integrity of the municipal infrastructure through high quality, cost effective engineering support as required by • Providing advice to the Project Manager with respect to fairness and acts as an advisor to the Project Manager and others on various aspects of the program processes; • Ensures that documents are complete and accurate; • Providing technical advice related to water, wastewater, storm drainage and transportation systems and services; • Assessing technical needs, issues and construction management and providing reports on engineering standards and programs; • Researching, advising, selecting and maintaining high quality general specifications; • Understanding and diligently administering the City's policy for tendering of construction contracts and guiding other staff and consultants in doing so; and • Providing technical guidance and advice to operations and technical staff to ensure effective and sustainable construction and maintenance practices. Support community infrastructure needs in a particular area of focus by • Researching new, better and more cost effective construction products and methods; • Conducting thorough analysis, resource and budgetary planning, monitoring and high quality reporting; • Studying and advising on municipal infrastructure needs and asset management systems; • Preparing requests for proposals for engineering studies and participating in the valuation of submissions and • Preparing applications for infrastructure funding from other governments. ESSENTIAL QUALIFICATIONS: Ability to work in a team based environment Strong conceptual and analytical thinking ability Ability to work cooperatively with internal and external clients Experience in Project Management in a civic environment Education and Certification An undergraduate degree and Diploma in Civil Engineering 135 C. Must be registered as a Professional Engineer in good standing with the Association of Professional Engineers and Geoscientists of New Brunswick A proficiency level of knowledge of Microsoft Office Systems and a Class 5 Driver's License are required 136 SCDW Program Team: Phases 6, C, D W. Edwards Commissioner, Saint John Water 15% 15% 1 1 1 r----- - - - - -- 1 . - City Employee Project Support L] September 2013 — 2018 r- 1 I TBD TBD TBD 1 TBD 1 I Owner's Engineer Independent Construction Construction r _ Engineer Firm Firm Firm Auditor(s) Engineer #2 1 1 Secondment /Contract Employee % of FTE: Phase B Sept. 2013 -Nov. 2014 Third -Party Firm of FTE: Phase C Dec. 2014 -Feb. 2016 1 1 1 Project Team of FTE: Phase D March 2016 -2018 TBD Law Firm •• TBD Communication Support 0% 1 1 I 1 1 D. Price Project Manager 1 I 1 1 1 1 1 I 1 1 Fttssn F. Blaney D. Withers I. Nethercot I I Fairness Monitor & Quality & Process Procurement & I Engineer Project Engineer Engineer (PNB) Project Engineer PNB 1 I 1 I 1 1 1 Ir - I I - ------------ � L------ - - - - -� I 1 1 1 I TBD TBD TBD 1 TBD 1 I Owner's Engineer Independent Construction Construction r _ Engineer Firm Firm Firm Auditor(s) Engineer #2 1 1 Secondment /Contract Employee % of FTE: Phase B Sept. 2013 -Nov. 2014 Third -Party Firm of FTE: Phase C Dec. 2014 -Feb. 2016 1 1 1 Project Team of FTE: Phase D March 2016 -2018 TBD Law Firm •• TBD Communication Support 0% SCDW Program Team: Human Resources 138 Details PHASE A - Preparation April - Sept. 2013 PHASE B- Documentation /Desi gn/ RFQ Sept. 2013 - Nov.2014 PHASE C - PHASE E - RFP to Financial - Operate and Close Maintain Dec. 2014 - Feb. 201 2018 -2048 Project Manager Design Engineer City Staff City Staff 100% 25% 100% 100% 100% tell . 50% 100% 0% Office Manager City Staff 50% 100% 100% 0% 75% '. 0% Legal Manager City Staff 25% 50% Communications Manager City Staff 15% 10% 10% 10% Communications Support City Staff (contract) 0% 100% 100% 0% Intergovernmental Affairs City Staff 25% 20% 15% 0% Finance & Procurement Manager City Staff 50% 75% 75% 0% Procurement and Project Engineer PNB (contract) 0% 60% 60% 0% Saint John Water Operations City Staff 20% 25% 25% 50% City Purchasing Department City Staff 25% 20% 20% 0% Quality and Process Engineer PNB (contract) 0% 60% 60% 0% Fairness Monitor & Project Engineer PNB (contract) 0% 100% 100% 0% Owner's Engineer Law Firm Firm (contract) Firm (contract) 0% 0% 100% 100% 50% 0% 75% 0% Finance & Procurement Firm (contract) 50% 75% 75% i' 0% Independent Engineer Firm (contract) 0% 0% 0% 25 %* Construction Engineer #2 City Staff /Firm 0% 0% 0% 0% Construction Auditor (s) City Staff /Firm 0% 0% 0% 0% Human Resources City Staff 15% 10% 10% Records and Information Manager City Staff 20% 100% 100% Commissioner, Saint John Water City Staff 30% 15% 15% ', 5% 138 SCDW Program Team: Roles and Responsibilities September 2013 - 2018 Project Manager • Project lead for the SCDWP, and primary lead on Council reports and presentations. • Coordinates the work activities of the direct reports, monitors project results. • Coordinates and manages the work of the project team, and main liaison with Fairness Monitor. • Ensures those direct reports /liaisons are effectively engaging third party partners. • Delegates assignments to the Office Manager as well as Records and Information Manager. • Member or ex- officio member of all sub - committees. • Report to the Oversight Committee. • Conducts project controls functions, including: • Reviews progress status and performance of project in all functional areas and project phases. • Establishes performance metrics and reports in support of committee functions and project progress status and performance. • Conducts analysis and reporting of project results, including detailed reviews of contractor submissions • Defines contractor submissions in support of performance measurement and reporting, including schedules, cost reports, progress status reports, earned value, contract and baseline variances and deviations. • Performs risk identification, assessment, analysis, mitigation, tracking and reporting functions, and manages contingency framework in support of overall project risk management. Fairness Monitor and Project Engineer • Partner with Partnerships New Brunswick, who has expertise in the P3 process. • Ensures a fair process for the bidders. • Advises on RFQ/ RFP process, trains evaluators prior to proposal review. • Some overlap and sharing of duties with other team engineers. • Reports to the Project Manager. 139 • Member of the Project Team. • Member of the due diligence sub - committee and technical sub - committee. • Supports development of procurement documents with respect to construction requirements, contractor deliverables and routine submissions. • Supports development of evaluation criteria of bidders. • Supports evaluation of bids, including analysis on construction pricing to production rates, commodity pricing, wage rates, fees etc. • Develops overall construction execution plan integrating all elements of project scope and contractor packages. • Acts as an advisor to the Project Manager and others on various aspects of the project processes. Office Manager • Administrative Support - responsible for a wide range of administrative and IT- related tasks. • Security, circulation and storage of documentations. • Maintains an office space for project team. • Tracking budgets and expenditures. • Reports to the Project Manager. • Member of Project Team. • Member of finance sub - committee. Intergovernmental Affairs • Primary lead on all matters linked to government relations, external partnerships and intergovernmental coordination. • Liaise directly with the Project Manager. • Engaged through the project period, but may also be asked to play a larger role as the project requires. • Develops intergovernmental feedback /updating mechanism to ensure that all major stakeholders remain engaged throughout the project. Human Resources / Safety and Policy Manager • Operationalize SCDW human resource requirements. • Facilitate and coordinate necessary backfilling as a result of human resource requirements of SCDW governance requirements. • Coordinate and facilitate human resource contracts associated to SCDW governance requirements. • Participation in due diligence sub - committee. 140 • Working with Owner's Engineer to uphold Health and Safety requirements throughout the project. Legal Manager • Member of the due diligence sub - committee. • Primary legal advisor(s) for the project. • Oversees the work of external legal advisors. • Facilitates land matters. • Coordinates with Real Estate group. • Heavily involved in the review of documents and agreements. • Liaise directly with the Project Manager. Law Firm • Provide legal assistance on the project — as required by the Legal Manager, such as drafting agreements and RFP's. • Liaise directly with the Legal Manager. Communications Manager • Primary lead on all matters linked to public relations, media relations and communications support. • Engages and manages Communications Support role. • Liaise directly with the Project Manager. Communications Support • Develop public awareness and education strategy to support critical milestones within the SCDWP. • Develop contingency plans associated to public awareness, education and communications needs associated to the SCDWP. • Develop internal communications support for the development of reports, presentations and materials linked to the SCDWP. • Ensure an ongoing integrated communications strategy between the major City services and the SCDWP. • Ongoing monitoring of traditional and social media linked to Saint John Water and the SCDWP. • Develop ongoing web -based content to support Saint John Water and the SCDWP. • Respond and support all media request linked to Saint John Water and the SCDWP. 141 • Support the Intergovernmental Affairs Coordinator on major intergovernmental projects linked to the SCDWP. • Liaise directly with the Communications Manager. Finance & Procurement Manager • Primary lead on financial & procurement matters and strategic support to project — financial reports, cash flows, and budgets. • Establishes and monitors the procurement process based on industry best practices for the RFQ and RFP to proponents. • Assist in determining a short list of qualified companies. • Oversee the work of the financial & procurement consultants. • Liaise directly with the Project Manager. • Member of the Project Team. • Member of the finance sub - committee and the due diligence sub - committee. • Integrates with Project Manager on project controls functions in forecasts, cash flows, payment certifications based on works completion declarations in accordance with contracting terms and conditions. • Performs contract administrative functions through to contract close -out, including: • maintaining a contract file for each contract, comprising all correspondence between the project team and contractor /supplier /vendor, • acting as a single point of contact of formal contract communications and supporting records such as meeting minutes, letters, transmittals etc., and • facilitates and coordinates required contract performance reviews and /or updates, • coordinates with the project team and /or applicable team representative on contract issues and actions. Purchasing Department • Internal resources — utilized during the engagement of consultants and the project procurement phase (RFQ/RFP). • Along with the Fairness Monitor, will ensure a well- structured procurement. • Member of the finance sub - committee and the due diligence sub - committee. Finance & Procurement Firm (PwQ • Consultants — providing advice /assistance with the financial analysis (Financial - Business Case, VFM, etc). • Providing services for the development of contract documents for procurement. • Member of the finance sub - committee. • Reports to the Finance and Procurement Manager. 142 Design Engineer • Primary lead on technical specifications for the project agreements. • Specializes in performance specifications. • Ensures that the design requirements of the SJ Water Operations group are met. • Oversee the work of the Owner's Engineer. • Some overlap and sharing of duties with Construction & procurement Engineer. • Reports to the Project Manager. • Member of the Project Team. • Member of the due diligence sub - committee and technical sub - committee. • Maintains responsibility and oversight on technical performance of OE and contractors and any requests made for concessions, deviations or value engineering proposals. • During Design Build phase: o Maintains overall construction execution plan, • Monitors safety performance of contractors, • Monitors fulfillment of environmental, health and safety program commitments, • Monitors and assures standard of construction in accordance with project requirements, working with the Quality and Process Engineer. Procurement and Project Engineer • Project Coordinator during procurement. • Provides procurement coordination, advice and facilitation throughout program. • Assist with drafting and reviewing procurement documentation. • Works in collaboration with the Technical Committee to engage and manage Owner's Engineer Firm, SJ Water Operations, and Independent Engineer Firm. • In addition, during the construction phase, would work with Technical Committee to engage and manage Construction Engineer #2 and Construction Auditor(s). • During procurement, evaluate proposals and recommend required actions. • Reports to the Project Manager. • Member of the Project Team. • Member of the finance sub - committee and technical sub - committee. • During Procurement phase: 143 • Supports development of procurement documents with respect to construction requirements, contractor deliverables and routine submissions, • Supports development of evaluation criteria of bidders, • Supports evaluation of bids, including analysis on construction pricing to production rates, commodity pricing, wage rates, fees etc, • Develops overall construction execution plan integrating all elements of project scope and contractor packages. Quality & Process Engineer • Acts as an advisor to the Project Manager and others on various aspects of the project processes. • Act as primary auditor for quality control and quality assurance (Project agreements, ISO Certification, water quality standards). • Ensures that documents are complete and accurate. • Reports to the Project Manager. • Member of the Project Team. • Member of the technical sub - committee. Procurement Phase: 1. Develop the Quality Management requirement for the Project RFQ and RFP, 2. Conduct evaluation of the Quality Management section of the RFQ and RFP responses, 3. Draft the relevant quality requirements for the Project Agreement, 4. Develop an internal management system to be used during construction and operation phases (i.e.: documented processes, databases, flowcharts). Design /Construction /Operation Phase: 1. Schedule and conduct audits of the Contractor's Quality Management System, 2. Schedule field and office audits for design and construction activities, 3. Liaise with the contractor's quality manager, 4. Continuously improve the internal management system used by the project group, 5. Provide advice to the Project Manager with respect to quality matters, 6. Prepare and present statistics with respect to auditing and non - conformances, 7. Prepare and review all audit reports to be sent to the Contractor, 8. Prepare and review all quality notices (i.e.: notices of Non - Conformance) sent to the Contractor, 9. Manage staff (i.e.: auditors, clerks, etc). 144 Owner's Engineer • External resource - acts as an extension of the owner's staff in managing various aspects of the project. • Responsible for advancing the preliminary design, defining scope details, writing performance specifications and technical contract agreement details, and coordinating construction impacts with the SJ Water operations staff. • Reports to the Design Engineer. • Liaise with SJ Water Operations. • Member of the technical sub - committee. Saint John Water Operations • Technical experts - advisors to the Design Engineer with regards to SJ Water Operations. • Member of the technical sub - committee. • Member of the Project Team. • Will provide direction on output specifications and be involved in proposal review. • Participate in several evaluation teams during proposal review. • Will be involved during design approval and construction for the scheduling of water main shutdowns. Independent Engineer • External third party that certifies that the work is complete before substantial completion payments are issued. The project proponent would pay for half of the fees, since they also work for them. • Reports to the Design Engineer. Construction Engineer #2 • During construction phase only. • Shares the project management workload of the Design and Construction Engineers. • Reports to the Quality & Process Engineer. • Ensures that the needs of the SJ Water Operations group are met. • Participates on the technical sub - committee. 145 • Supports construction management and interfaces with contractors on all field installation progress and performance. • Supports construction management and interfaces with contractors on all field installation technical matters (means and methods). In so doing, coordinates with engineering on the resolution of all technical matters during construction phase. Construction Auditor(s) • During construction phase only. • Reports to the Quality & Process Engineer . • Monitors the fieldwork of the proponent. • Greater focus on the DBF component (network) because of the hand -over at substantial completion. • Determines if proponent is in compliance with the agreement during construction. • Supports construction management and interfaces with contractors on all aspects of EHS performance and program compliance. Performs ongoing oversight, surveillance and audits on EHS plans and controls in place per regulatory commitments, codes and standards. Interfaces with contractor EHS personnel. • In support of quality management, conducts in- progress surveillance of construction works in accordance with codes and standards. • Reviews contractor quality plans with respect to the conduct of inspections and testing activities with appropriate intervention and verification points. • Supports Quality Manager in conduct of supplier and contractor audits and surveillances to assure completeness and compliance to contract documents and required quality programs, codes and standards. Records and Information Manager • Manage documentation through Electronic Information System (EIS). • Official agenda and minutes to be managed in an electronic system (eScribe). • Use of metadata to facilitate easy access to information. • Facilitate and maintain collaborative online tools to exchange information, documents and updates on the project. • Collaborates with IT Manager to ensure that all information is secured and backup regularly. • Oversee the confidentiality of private documentation and grant access to those with the necessary permissions. • In collaboration with Corporate Records Manager and Project Manager, implement approved Engineering Project File Plan. • Member of Project Team. • Member of due diligence sub - committee. • Work closely with the Office Manager to track budgets and expenditures. 146 • Respond to request for routine information. Liaison with RTIPPA officer on RTIPPA requests. • Reports to the Project Manager. Commissioner, Saint John Water • Support project manager and project team. • Coordinate interactions /updates to Senior Leadership Team. • Project expertise and oversight. • Member of Project Team. • Member of Oversight Committee. • Member of due diligence sub - committee. 147 SCDW Program Team: Ad Hoc Committee Structure September 2013 — 2018 W. SCDW Program Team: Ad Hoc Committee Structure Oversight Committee Composition: City Manager, Commissioner of Saint John Water, Mayor, Member of Council, Deputy Mayor, Project Manager Chair: City Manager Guidelines: • Meets quarterly • Agenda one -week prior to meeting • Official minutes to be taken during meeting • Receive progress & high -level update from Project Manager • Quarterly updates will be given to Common Council September 2013 — 2018 Project Team Composition: Project Manager, Finance and Procurement Manager, Design Engineer, Procurement and Project Engineer, Quality and Process Engineer, Commissioner of Saint John Water, Officer Manager, Records and Information Manager, Saint John Water Operations, Fairness Monitor and Project Engineer Chair: Project Manager Guidelines: • Meets at least once a month • Receives reports from project portfolios in addition to committees • Agenda one -week prior to meeting • Action items to be recorded by Officer Manager External Water Sub - Committee Composition: Mayor, Member of Council, Member of Parliament, Member of the Legislative Assembly, Premier's Office Chair: Mayor Guidelines: • Meets quarterly • Ensure tri- government coordination and most up -to -date information • Agenda one -week prior to meeting • Action items to be recorded by Mayor SCDW Program Team: Ad Hoc Committee Structure (con't) Technical Sub - Committee Composition: Design Engineer, Procurement and Project Engineer, Quality and Process Engineer, Owner's Engineer Firm, Saint John Water Operations, Construction Engineer #2, Project Manager (ex- officio), Fairness Monitor and Project Engineer Chair: Design Engineer Guidelines: • Meets bi- weekly • Receives reports from project portfolios • Action items to be recorded by Chair September 2013 - 2018 Finance Sub - Committee Composition: Procurement and Project Engineer, Finance and Procurement Manager, Finance and Procurement Firm (PwC), City Department of Purchasing, Project Manager (ex- officio), Office Manager Chair: Finance and Procurement Manager Guidelines: • Meets bi- weekly • Receives reports from project portfolios • Action items to be recorded by Chair Due Diligence Sub - Committee Composition: Fairness Monitor and Project Engineer, Design Engineer, Commissioner of Saint John Water, City Department of Purchasing, Human Resources, Legal Manager, Project Manager (ex- officio), Records and Information Manager Chair: Fairness Monitor and Project Engineer Guidelines: • Meets bi- weekly • 4 — person panel on Committee • Conducts detailed reviews • PM & LM issue updates & reports • Receives reports from project portfolios • Action items to be recorded by Chair REPORT TO COMMON COUNCIL OPEN SESSION M &C2013 -178 August 12, 2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT .4 City of Saint john Demolition of the vacant, unoccupied, dilapidated and dangerous building at 49 & 51 Summer Street (PID #22186) BACKGROUND The property at 49 & 51 Summer Street has one building on the premise with two attached rear sheds. The building is a vacant and abandoned three storey residential apartment building. The building has been vacant since at least May of 2012 when staff of Buildings and Inspection Services first began regular monitoring the building. During the building's vacancy, the attached rear sheds and the basement window have been found by staff to be open upon routine inspections. A fourth point of entry on the lower south side deck has also been found to be unsecured upon multiple inspections and this entrance allows access to the entire building. The building is in dilapidated condition. There are multiple windows in the building that are either broken or open, as well as unprotected openings to the basement and attached rear sheds, which are allowing elements to enter the building. The interior inspection of the building noted that the roof is leaking in at least one location and has caused extensive water damage in all units. The leak is continuing to allow water into the building which is further accelerating the deterioration of the structure. The stairs leading to the south side entrance of the building are rotted and dangerous. There is no handrail or guards leading up the stairs and anyone can easily climb the stairs and be hurt should they fall or should the stairs collapse. The yard, which is easily accessible, is a danger to public safety because it is littered with debris including broken glass, wood, tires, couches and various other garbage materials. 151 M & C 2013 -178 - 2 - August 12'', 2013 Some of the debris contains protruding nails and anyone could slip and trip, causing them harm. The Certificate of Ownership for the building lists two individuals as the registered owners. Staff has been advised that these individuals declared bankruptcy last year and are living out of province. The owners have not designated a contact person to secure the building and upon multiple inspections the building continues to be found unsecured. The building is considered to be abandoned. Written correspondence from this department to the owner has been sent informing them that they are responsible for the building and that action was needed in order to bring the building into compliance with the By -law. No remedial actions were forthcoming and the building remained vacant, unoccupied and dilapidated. The building's condition poses a hazard to public safety. For these reasons described in the Inspection Report, a Notice to Comply was issued on May 27, 2013. It was posted at the building on May 27, 2013 and the two owners were served with the Notice on June 3, 2013. No appeal was formally requested. Attached for Council's reference is the Notice to Comply that was issued and the affidavits attesting to the service of the Notice on the owners, as well as an affidavit attesting to the building's posting. Also included are photographs of the building. The Municipalities Act indicates that where a Notice to Comply has been issued arising from a condition where a building has become a hazard to the safety of the public by reason of dilapidation, unsoundness of structural strength, or being vacant or unoccupied, the municipality may cause the building to be demolished. As required in the Act a report from an engineer is attached, forming part of the issued Notice to Comply, and provides the evidence to the building's vacancy, dilapidation and resulting hazard to the safety of the public. As is written in the Act that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior to starting demolition activities at this property. Cost of the demolition work is approximated at $40,000 to $50,000 and will take about 6 -8 weeks before it is complete. Staff will 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 the bill is left unpaid, it will be submitted to the Province with a request for reimbursement. RECOMMENDATION Your City Manager recommends that Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -law, to arrange for the demolition of the building at 49 & 51 Summer Street (PID #22186), in accordance with the applicable City purchasing policies. 152 M & C 2013 -178 - 3 - August 12'', 2013 Respectfully submitted, Christopher McKiel, MIT. Technical Services Officer Growth and Community Development Services Amy Poffenroth, P.Eng., MBA Building Inspector & Deputy Commissioner Growth and Community Development Services Patrick Woods, CGA City Manager 153 June 5, 2013 This is the affidavit of: Sharlene Syer Process Server Syer Legal Services 13491 -240 Street Maple Ridge, BC V4R OA4 AFFIDAVIT OF SERVICE 1, Sharlene Syer - Process Server, of Syer Legal Services, of the City of Maple Ridge, Province of British Columbia, Canada MAKE OATH AND SAY: 1. On June 3, 2013 at 11:20 a.m., I served Tracey Leanne Nunes, with the Notice to Comply, and Notice of Appeal, which is hereunto annexed and marked as Exhibit "A ", respectively to this my affidavit, by leaving a copy with Kenneth Gabriel Nunes, an adult who resides in the same household as Tracey Leanne Nunes, at 13440 -235 Street, Maple Ridge, British Columbia, V4R 2w3. 2. I was able to identify him by verbal acknowledgement. SWORN BEFORE ME at the City of Maple Ridge, Province of British Columbia, this of A Notary Public Proc rver T DONALD LOcf1( ,,(j0jD NOTARY PUBL C 203 - 22320 LouQheed Highway Nlap,e Ridge, 6, C ' k/2X 2T4 Tel: (604) 463 -"7181 FORM 1 NOTICE TO COMPLY (Municipalities Act, R.S.N.B. 1973, c.M -22, s.190.01(3)) Parcel Identifier: 22186 Address: 49 and 51 Summer Street, Saint John, New Brunswick Owner(s) or Occupier(s): Name: Nunes, Kenneth Gabriel Address: 13440 235th Street, Maple Ridge, British Columbia, V4R 2W3 Name: Nunes, Tracey Leanne Address: 13440 235th Street, Maple Ridge, British Columbia, V4R 2W3 Municipality issuing notice: City of Saint John By -law contravened: Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, By- law Number M -30 and amendments thereto (the `By- law"). Provision(s) contravened: Paragraphs 190.01(1)(a)(d), 190.01 {1.1) and 190.01(2) of the Municipalities Act, and amendments thereto. Description of condition(s): The building has become a hazard to the safety of the public by reason of being vacant or unoccupied and by reason of dilapidation. The conditions of the building and premises are described in Schedule "A ", a true copy of the inspection report dated May 27, 2013 prepared by Christopher McKiel and reviewed by Pamela Bentley, P. Eng., By -law Enforcement Officer. Remedy or remedies required: The owners are to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premises into compliance with the aforesaid By -law. In the event that the owners do not remedy the condition of the building and premises in the time prescribed by this Notice to Comply, the building may be demolished as the corrective action to address the hazard to the safety of the public and the premises may be cleaned up. In the event of demolition, all debris and items on the premises will be disposed of as the corrective action to address the hazard to the safety of the public. The aforementioned remedial actions relating to the demolition of the building and the disposal of debris and Th s E hihit "_ ,�" referred t� in tfte af] _IVit ofr,�.,..._.._`�L,Le e Sye sworn bafnre r�io, aj i iaple Ridge, B.C. this _� _clay G �J -.� -. 26 13 T r -1ana d ll-_7 w cod, N chary Public 1, i:mmicsion t for taking Affidavits tar Uritis Columbia FORMULE 1 AVIS DE CONFORMITE (Loi sur les rnunicipalit&, L.R.N. -B. de 1973, ch. M -22, par. 190.01(3)) Numero Widentification de la parcelle : 22186 Adresse : 49 et 51, rue Summer, Saint John, Nouveau - Brunswick Proprietaire(s) ou occupant(s) : Nam : Nunes, Kenneth Gabriel Adresse : 13440 rue 235 0, Maple Ridge, Colombie- Britannique, V4R 2W3 Nom : Nunes, Tracey Leanne Adresse : 13440 rue 235', Maple Ridge, Colombie- Britannique, V4R 2W3 Municipality signifwant Pavis : City of Saint John Arrete enfreint : Arrete relatif aux lieux inesthetiques et aux bdtiments et constructions dangereux de Saint John, Arrete numero M -30, ainsi que ses modifications ei- afferentes (1' c Arrete »). Disposition(s) enfreinte(s) . Les paragrapher 190.01(1)(a)(d), 190.01(1.1) et 190.01(2) de la Loi sur les municipalites, ainsi que les modifications afferentes. Description de la (des) coudition(s) : Le batiment est devenu dangereux pour la securite du public du fait de son inhabitation ou de son inoccupation et du fait de son delabrement. Les conditions du batiment et des lieux sont decrites a Pannexe « A », une copie conforme du rapport d'inspection en date du 27 mai 2013 et prepare par Christopher McKicl et revise par Pamela Bentley, ing., une agente chargee de ]'execution des arretes municipaux. Mesure(s) i prendre : Les proprietaires doivent restaurer les conditions en se conformant aux recommandations du rapport d'inspection susmentionne et d'amener le batiment ct les lieux en conformites avec ]'Arrete. Dans 1'eventualite que les proprietaires ne remedient pas le batiment et les lieux dans le temps prescrit par le present avis de conformite, le batiment pourra etre demolis comme mesure corrective compte tenu qu'il represente un danger pour la securite du public et les lieux pourront etre nettoyes. Dans 1'eventualite de demolition, toes les debris et autres items sur les lieux seront disposes comme mesure corrective dans le but de remedier le danger pour la securite du public. Les mesures correctives susmentionnees relativement a la demolition du batiment et la disposition des debris items on the premises do not include the carry-out clean- up, site rehabilitation, restoration of land, premises or personal property or other remedial action in order to control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. Date by which the remedy or remedies must occur: i a) The demolition of the building, clean -up of the property and related remedies must be complete, or plans and permit applications for repair related remedies, must be submitted: within 60 days of being served with the Notice to Comply. b) The repair related remedies must be complete within 120 days of being served with the Notice to Comply. Date by which notice may be appealed: Within 14 days of being served with the Notice to Comply. Process to appeal: The owners may within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall — 8a` Floor, 15 Market Square, Saint John, New Brunswick, E2L 4L1. Potential penalty for non - compliance within specified time :z Paragraph 190.03(1) of the Municipalities Act states that a person who fails to comply with the terms of the Notice to Comply given under Section 190.011 of the said Act, commits an offence that is punishable under Part II of the Provincial Offences Procedure Act as a category F offence. Where an offence under paragraph 190.03(1) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph 190.03(1.2)(b)(i). Municipality's authority to undertake repairs or remedyn Subparagraphs 190.04(1)(a), 190.04(1)(a.1) and 190.04(1)(b) of the Municipalities Act states that if a Notice to Comply has been given under section 190.011 of the said Act and that an owner or occupier does not comply with the Notice to Comply, as deemed confirmed or as confirmed or modified by a committee of council or a judge under section 190.021 of the said Act, within the time set out in the Notice to Comply, the municipality may, cause the premises of that owner or occupier to be cleaned up or repaired, or cause the building of that owner or occupier to be repaired or demolished, and the cost of carrying out such work, including any related charge or fee, is chargeable to the owner or occupier and becomes a debt due to the et autres items sur les lieux ne comprennent pas le nettoyage, la remise en 6tat des lieux, des terrains ou des biens personnels ou toute autre mesure corrective dans le but de contrDler ou de r6duire, d'61iminer le d6versement, de modifier le mode de d6versement ou le d6versement d'un polluant dans ou sur 1'environnement ou toute pantie de Penvironnement. Date it laquelle la ou les mesures doivent titre prisesi : a) La demolition du batiment et le nettoyage des lieux doivent titre comp16t66s, ou a laquelle les plans et demande de permis pour les mesures des r6parations, doivent are soumises, dans les 60 jours qui suivent la signification de 1'avis de conformit6. b) Les r6parations reli6es aux mesures doivent etre compl&des dans les 120 jours qui suivent la signification de 1'avis de conformit6. Date a laquelle un appel de 1'avis peut titre depose: Dans les 14 fours qui suivent la notification de Pavia de conformit6. Processus d'appel : Les proprietaires peuvent daps les 14 jours qui suivent la notification de Favis de conformit6, envoy6s un avis d'appel par courrier recommand6 au greffier communal de la municipalit6, A The City of Saint John, Edifice de Photel de ville, 8e 6tage, 15 Market Square, Saint John, Nouveau - Brunswick, E2L 4LL Penalite possible pour non-conformit6 dans le delai prescritz : Le paragraphs 190.03(1) de la Loi sur les municipalites pr6voit quiconque omet de se conformer aux exigences formul6es dans un avis de conformite notifi6 aux termes de Particle 190.011 de ladite loi, commet une infraction qui est punishable en vertu de la Partie II do la Loi sur la procedure applicable aux infractions provinciales a titre d'infraction de la classe F. Lorsqu'une infraction prevue au paragraphe 190.03(1) se poursuit pendant plus d'une journee, Famende minimale qui peut titre imposee est Famende minimale pr6vue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipliee par le nombre de jours pendant lesquels Pinfraction se poursuit conforin6ment a Falin6a 190.03(1.2)(6)(i). Pouvoir de la municipalite d'entreprendre les reparations ou de prendre les mesures3 : Conform6ment aux alin6as 190.04(1)(a), 190A4(1)(a.1) et 190A4(1)(b) de la Loi sur les municipalites, si un avis de conformit6 a 6t6 signifi6 aux termes de Particle 190.011 de ladite loi et, que le propri6taire ou 1'occupant ne se conforme pas a cet avis de conformit6 dans le delai imparti et tel qu'il est repute confirms ou tel qu'il est confirm6 ou modifi6 par un comit6 du conseil ou par un juge en vertu de Particle 190.021 de ladite loi, la municipalite peut faire nettoyer ou r6parer les lieux de cc propri6taire ou de cet occupant ou de faire r6parer ou demolir la propri6t6 de ce propri6taire ou de cet occupant, et les frais relatifs a 1'ex6cution de ces travaux, y compris municipality. Dated at Saint John the L-7 day of May, 2013 Municipality: The City of Saint John Signature of Municipal Officer: toute redevance ou tout droit afferent, sont a la charge du propri6taire ou de 1'occupant et deviennent une cr6ance de la municipalit6. Fait a Saint John le mai, 2013. Municipality : The City of Saint John Signature de la repr6sentante municipale: Municipal Officer's Contact information: Name: Pamela Bentley, P.Eng. Mailing address: Buildings and Inspection Services Department The City of Saint John 15 Market Square City Hall Building, 10'x' Floor P. O. Box 1971 Saint John, New Brunswick E21, 4L1 Telephone: (506) 658 -2911 Telecopier: (506) 632 -6199 Email: - Seal of Notes: L All appropriate permits must be obtained and all relevant legislation must be complied with in the course of carrying out the required remedial action. 2. Payment of the fine does not alleviate the obligation to comply with the by -law, standard or notice to comply. 3. Costs become a debt due to the municipality and may be added to the joint municipal and provincial Real Property Assessment and Tax Notice. Coordonn6es de la repr6sentante municipale : Nom: Pamela Bentley, ing. Adresse postale: D6partement aux services d'inspection et des batiments The City of Saint John 15 Market Square Edifice de l'h6tel de ville, 10' 6tage Case postale 1971 Saint John (Nouveau- Brunswick) E21, 4L 1 T616phone : (506) 658 -2911 T616copicur : (506) 632 -6199 Courriel: pamela.bentley @saintjohn.ca Sceau de la municipalit6 Notes : 1. Tous les permis prescrits doivent titre obtenus et toute la legislation pertinente doit We respectee, pendant 1'ex6cution de la mesure de recours. 2. Le paiement de 1'amende n'annule pas l'obligation de respecter 1'arr6t6, lanorme ou 1'avis de conformitd. 3. Les couts deviennent une dette envers la municipalit6 et peuvent titre ajout6s ii Vavis d'dvaluation et d'imp6t foncier municipal et provincial- INSPECTION REPORT Schedule "All 49 -51 Summer Street Saint John, New Brunswick PID# 22186 Inspection Date: May 2 and May 21, 2013 Inspector: Christopher McKiel Introduction I hereby certify that this document is a true copy of the original. Dated at Saint John, this !:) -7 day of An inspection of the property noted that the building on the premise is pen, vacant, unoccupied and dilapidated. The property has one structure; a three storey woad framed apartment building, which has been vacant since May of 2012. There are multiple unsecured points of access into the building including a side entrance which allows access to the entire building and open access to the basement and attached rear sheds. The premise has a large amount of debris, including couches, tires, broken glass, junk and Other garbage materials. The interior of the building contains a large amount of mold and water damage. The building is a hazard to the safety of the public by reason of being vacant or unoccupied and by reason of dilapidation. Discussion The building is not in compliance with the Saint John Unsightly Premises and Dangerous Buildings and Structures By -law, By -law Number M -30, and amendments thereto (the `By -law" Unsightly premise conditions Subsection 190.01(1) of the Municipalities Act states: No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises (a) any ashes, junk, rubbish or refuse. (d) a dilapidated building. 1. The premise contains a large amount of wood, tires, and couches which are combustible and may be used to initiate a fire on the premise. There are also sheets of plywood and other scrap wood, some of which contain protruding nails. 2. There is debris and garbage on the premise including couches, tires, cups, bags, one car battery, two shopping carts and a metal frame for a barbecue. 3. The paint on the north side of the building is peeling severely on both the wood siding and window frames. There are also several windows and doors on the ground level which are boarded up. The building and premise are unsightly. Vacant and Unoccupied Conditions Paragraph 190.01(1.1) of the Municipalities Act states: 20,�S., No person shall permit a building or structure owned or occupied by him or her to become a hazard to the safety of the public by reason of being vacant or unoccupied. The building is a hazard to the safety of the public by reason of being vacant or unoccupied.for the following reasons: The building is currently vacant and has been since May of 2012; staff have been advised that the current owners have declared bankrupt o Y. been written notices to the owners issued on June 4, 201, September2l, 2012, January 16, 2013, and February 4, 2013, from Building and Inspection Services, requiring that the building be made secured to restrict public access. Upon multiple inspections the building has still been found to be open and unsecured. The building is abandoned. 2. The building has been found to be open during periodic inspections. There are currently three points of access which are unsecured; there is a fourth point r the lowest deck which has been found to be unsecured upon prior inspections which would provide access to upper levels of the building. A building that has been left unsecured from public entry could attract vandalism, arson, mischief, or criminal activity and these activities could devalue properties in the area. Arson and criminal activity may cause property damage to adjacent buildings and may pose hazards to the safety of neighbourhood residents. There is a presence of combustible materials within close proximity to the building which could easily be used to initiate a fire. The subject building is situated in a densely populated area and has neighbouring multi - family and single - family buildings in close proximity as well as a notable amount of Pedestrian traffic. The impact of a fire event would be amplified due to the close proximity of surrounding homes increasing the potential for the fire to spread to other residences. 3. There are multiple windows that are either broken or open, as well as the unprotected openings to the basement and attached rear sheds, which are allowing the elements to enter the building. The interior inspection noted that the roof on the building was leaking in at least one location and has caused extensive water damage in all units. The leak is continuing to allow water into the building which is further accelerating the deterioration of the structure, 4. There is a concern for firefighter safety in the event of a fire. Since the building has been known to the public as vacant, it would be reasonable for firefighters to enter it in the event of a fire to check for people inside. The condition of the interior is unknown to firefighters, which poses a hazard to their safety and others who may be inside in the event of a fire. The power has been disconnected at the meter; however, the power line is still connected to the building which may cause a potential hazard in the event of a fire. 5. Where accessible at the attached rear sheds and basement, it can be seen that there. are significant amounts of garbage in the rooms, including beer battles, an old bench seat from a van, a couch, insulation falling from the ceiling, and two mattresses on the floor. These conditions can create tripping hazards to any person who may be entering the building; this could include those who may be trespassing or emergency responders, 6. Trevor Tompkins of the Saint John Fire Department representing the Fire Marshal, has provided a property report for the building at 49 & 51 Summer Street attached hereto as "Schedule B ". This report outlines the Saint John Fire Department's concerns with the building with regards to suspicious activity at the premise as well as the challenges associated with fighting a structure fire at this location. 2 Subsection 190-01(2) of the Municipalities Act states: No person shall permit a building or structure owned or occupied by him or her to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. The building is a hazard to the safety of the public by reason of being dilapidation for the following reasons: 1. The building is approximately 1 Om x 24m and the middle section of the building is showing a notable amount of settlement which is easily visible when looking at the north side of the structure. The interior inspection also showed consistent signs of settlement with sloping and uneven floors. There is a hole on the north side of the building in which the lath and plaster can easily be seen from the exterior and this is providing an access point for the elements to penetrate the structure and accelerate deterioration. 2. The roof overhang on the south side of the building above the decks is in deteriorated condition and the main wooden beam supporting the roof overhang shows a large crack. The supports for the roof overhang and the supports for each of the intermediate decks at each floor level are deteriorated due to rot. The stairs leading to the south side entry has no handrail or guards leading up to the landing. Both the stairs and deck are rotted and dangerous. These conditions are a danger to anyone who may climb the stairs or attempt to use the stairs to gain access to a nearby deck, for purposes of attempting entry to upper levels off the building. 3. An interior inspection of the building revealed significant water damage and leaking, which is originating from at least one leak in the roof. Because of water infiltration there is a large presence of mold throughout the building. Other damage as a result of the water includes lifting floor boards and one area of lath in the ceiling showing visible rot and deterioration. The large presence of mold poses a health hazard to anyone who may enter the building. 4. The stairs inside the south side entrance are rotted and dangerous. These stairs provide direct access to the upper units in the building and are a hazard to anyone who gains access to the building. 5. Inside one of the third storey units there were two holes in the floor which could pose tripping hazards to anyone who may enter the building. 3 Required Remedial Actions The owner must comply with one of the two options stated below: Option 1: Remedy the conditions of the building through all repair and remedial actions as follows: 1. The building must be completely repaired so it may become occupied while maintaining minimum standards as described by the Saint John Minimum Property Standards By -law and the Code. 2. The building must be maintained, kept secure, and monitored on a routine basis while the property remains vacant or unoccupied. 3. A detailed plan must be submitted to the Buildings and Inspection Services Department of the City of Saint John (the "Department ") for review and approval. This plan should also include a complete engineering report regarding the structural soundness of the building and any necessary repairs. The plan should also include a schedule for the work that is to be carried out. The repaired building must meet the National Building Code of Canada (2005) as well as other applicable codes. 4. The detailed plan, including schedules and any engineering reports, must be approved by the Department prior to commencing repair work. 5. A building permit must be obtained for any and all applicable work prior to commencing said work from the City of Saint John in order to comply with the Saint John Building By -law, By -law Number C.P. 101, and amendments thereto (the "Saint John Building By- law "). 6. The premise must be cleared of all debris found on the property, including any and all rubbish that may be considered hazardous or unsightly. The debris from the premise must be disposed of at an approved solid waste disposal site, in accordance with all applicable by -laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. The premise must comply with all applicable by -laws, acts, codes and regulations. Option 2: Demolition of the building and cleanup of all debris on the premise by complying with all the remedial actions as follows: 1. The building must be demolished to remove the hazard to the safety of the public by reason of dilapidation and by reason of being vacant or unoccupied. 2. A demolition permit must be obtained from the City of Saint John in order to comply with the Saint John Building By -law. 3. The premise must be cleared of the debris from the demolition and the lot must be made reasonably level with grade so as to not create a tripping or falling hazard. All debris must be disposed of at an approved solid waste disposal site, and in accordance with all applicable by -laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 4. All debris that is currently on the premise must be cleared and disposed of at an approved solid waste disposal site, and in accordance with all applicable by -laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 5. The property must be in compliance with all applicable by -laws, acts and regulations. 4 Prepared by: 1 11 Christopher McKiel, EIT. Growth and Community Development Services Reviewed by: Pamela Bentley, P. Eng. Technical Services Engineer Growth and Community Dei Services 5 NAY Date 1--Z-1 2-0I-3 Date A f (PAGE ! of CITY OF SAINT JOHN : N.B. SAINT JOHN FIRE DEPARTMENT soQ �7a6 000 45 LEINSTER STREET, SAINT JOHN, N.B. E211- 1 H9 �f loFiIVFtB� °�` PHONE (506) 658- 2962 FAX (506) 658 -4557 .r'loHly FtSi�� . FORM # 06-01 PROPERTY REPORT BUILDING # Inspection Date: 13 -04 -05 Type: 10 FPO # 4422 Building Name: Street No. & Name: 49 -51 Summer Street Apt. #/Suite: _City: Saint John Prov. N13 Postal Code: MAILING ADDRESS: Name: Ken & Tracey Nunes Street: tnunes @telus.net knunes su erb.net City: Prov. Postal Code: Tel. # Cell # # OF PAGES: 1 (INCLUDING ATTACHED DOCUMENTS) FIRE PREVENTION OFFICER: Trevor Tompkins DATE: _13 -04 -05 NOTICE OF APPEAL FORM 1 (Municipalities Act, R.S.N.B. 1973, c. M -22, s.190.021(1)) File No.: BETWEEN: Appellant(s), - and - THE CITY OF SAINT JOHN, Respondent, Parcel Identifier: PID # Parcel Address: Owner(s) or Occupier(s): Name: Address: Telephone: AVIS D'APPEL FORMULE 1 (Loi sur les municipalites, L.R.N. -B. de 1973, ch. M -22, par. 190.021(1)) N° du dossier: ENTRE: Appelant(s), - et - THE CITY OF SAINT JOHN, Intimee. Numero d'identif cation de la parcelle ; # NID Adresse de la parcelle : Proprietaire(s) ou occupant(s) Noire : Adresse : Telephone: Name: Nom: Address: Adresse : Telephone: Telephone: -2- The above named appellant(s) is (are) not satisfied with the terms and conditions set out in the notice that has been given under section 190.011 of the Municipalities Act and appeals to the Saint John Substandard Properties Appeal Committee. The appellant's grounds for this appeal are as follows (set out the grounds clearly but briefly): Dated at the 2013. L'appelant(s) susnomm6(s) n'accepte(nt) pas les modalit6s ou les conditions qui y sont 6nonc6s dans Favis qui a &6 notifi6 aux termes de Particle 190.011 de la Loi sur les municipalites et fait appel au C ©mite d'appel des proprietes inferieures aux normes de Saint John. Les motifs d'appel de 1'appelant(s) dans le pr6sent appel sont Ies suivants (enoncer les motifs de fa�on claire et concise) : day of Fait a Signature of owner or occupier The appellant(s) intends to proceed in the English or French language (Please check the appropriate box). Please forward your Notice of Appeal by registered mail to the clerk of The City of Saint John within fourteen (14) days after having been given the notice at the following address: Common Clerk's Office 15 Market Square, City Hall Building, 8th Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: 506 - 658 -2862 Telecopier: 506- 674 -4214 Notes: 1. A notice that is not appealed within fourteen (14) days after having been given the notice shall be deemed to be confirmed. le 2013. Signature du propri6taire ou I'occupant L'appelant(s) a (ont) l'intention d'utiliser la langue frangaise ou anglaise (Veuillez cocher la case appropri de).. Veuillez faire parvenir votre Avis d'appel par courrier recommande au see re 'taire de The City of Saint John dans les quatorze (14) jours qui suivent la notification de Vavis a Vadresse suivante : Bureau du greffier communal 15 Market Square, Edifice de 116tel de ville, 8e 6tage Case postale 1971 Saint John (Nouveau- Brunswick) E2L 4L1 T616phone: 506- 658 -2862 T616copieur: 506-674-4214 Notes : 1. Un avis dont it West pas interjet6 appel dans les quatorze (14) jours qui suivent la notification de 1'avis est r6put& confirm6. -3- 2. On an appeal, the Saint John Substandard Properties Appeal Committee shall hold a hearing into the matter at which the owner(s) or occupier(s) bringing the appeal has (have) a right to be heard and may be represented by counsel. 3. On an appeal, the Saint John Substandard Properties Appeal Committee may confirm, modify or rescind the notice or extend the time for complying with the notice. 4. The Saint John Substandard Properties Appeal Committee shall provide a copy of its decision to the owner(s) or occupier(s) of the premises, building or structure who brought the appeal within fourteen (14) days after making its decision. 5. The owner(s) or occupier(s) provided with a copy of a decision from the Saint John Substandard Properties Appeal Committee may appeal the decision to a judge of The Court of Queen's Bench of New Brunswick within fourteen (14) days after the copy of the decision was provided to the owner(s) or occupier(s) on the grounds that (a) the procedure required to be followed by the Municipalities Act was not followed, or (b) the decision is patently unreasonable. 2. Lors d'un appel, le Comite d'appel des proprietes inferieures aux normes de Saint John dolt tenir, sur le point en litige, une audience au tours de laquelle le(s) propridtaire(s) ou 1'occupant(s) qui interjette(nt) appel a (ont) le droit d'etre entendu(s) et peut(vent) se faire representer par un avocat. 3. Lors d'un appel, le Comite d'appel des proprietes inferieures aux normes de Saint John peut confrrmer, modifier ou annuler 1' avis ou proroger le ddlai pour s'y conformer. 4. Le Comite d'appel des proprietes inferieures aux normes de Saint John doit fournir une copie de sa decision au(x) propridtaire(s) ou a l'occupant(s) des lieux, du batiment ou de la construction qui lui a(ont) interjete appel daps les quatorze (14) Jours suivant la date a laquelle it a rendu sa decision. 5. Le(s) propridtaire(s) ou 1'oecupant(s) a qui une copie d'une decision a dte fournie par le Comite d'appel des proprietes inferieures aux normes de Saint John peut(vent), dans les quatorze (14) fours qui suivent, interjeter appel de la decision devant un juge de la Cour du Banc de la Reine du Nouveau - Brunswick au motif que (a) la de'marche a suivre en vertu de la Loi sur les municipalites n'a pas dtd suivie, ou (b) la decision est manifestement deraisonnable. June 5, 2013 This is the affidavit of: Sharlene Syer Process Server Syer Legal Services 13491 -240 Street Maple Ridge, BC V4R OA4 AFFIDAVIT OF SERVICE I, Sharlene Syer - Process Server, of Syer Legal Services, of the City of Maple Ridge, Province of British Columbia, Canada MAKE OATH AND SAY: 1. On June 3, 2013 at 11:20 a.m., I served Kenneth Gabriel Nunes, with the Notice to Comply, and Notice of Appeal, which is hereunto annexed and marked as Exhibits "A ", respectively to this my Affidavit, by leaving a copy with him at 13440 -235 Street, Maple Ridge, British Columbia, V4R 2w3. 2. I was able to identify him by verbal acknowledgement. SWORN BEFORE ME at the City of Maple Province of British Columbia, this of J� 2013 A Notary Public T. DONALD t_OGi(WOOD 203 - 22,320 i ugheedEHighway, Mrapls 'Ridge, B.C. V2X 2T4 Tel: (604) 463 -7167 Ridge, r' r Pro e Se FORM 1 NOTICE TO COMPLY (Municipalities Act, R.S.N.B. 1973, c.M -22, s.190.01(3)) Parcel Identifier: 22186 Address: 49 and 51 Summer Street, Saint John, New Brunswick Owner(s) or Occupier(s): Name: Nunes, Kenneth Gabriel Address: 13440 235x` Street, Maple Ridge, British Columbia, WR 2W3 Name: Nunes, Tracey Leanne , is FX 1i.bit " " referred to in the afiI'idavit ofi �frarleneS er�� s�'o i�Ufa.v rne�:t malple Ridge, B.0 this riay Ui - 20>�eo �r)F1a CC �%�n P l A Comrr:issianer fortaking Atf davils for FFitish Columbia FORMULE 1 AVIS DE CONFORMITE (Loi sur les municipalites, L.R.N.-B. de 1973, ch. M -22, par. 190.01(3)) Numeeo d'identification de la parcelie : 22186 Adresse : 49 et 51, rue Summer, Saint John, Nouveau - Brunswick Proprietaire(s) on occupant(s) : Nom : Nunes, Kenneth Gabriel Adresse : 13440 rue 235', Maple Ridge, Colombie - Britannique, WR 2W3 Nom : Nunes, Tracey Leanne Address: 13440 235a` Street, Maple Ridge, British Adresse : 13440 rue 235 Maple Ridge, Columbia, WR 2W3 Colombie- Britannique, V4R 2W3 Municipality issuing notice: City of Saint John By -law contravened: Saint John Unsightly premises and Dangerous Buildings and Structures By -.Law, By- law Number M -30 and amendments thereto (the `By- law"). Provision(s) contravened: Paragraphs 190.01(1)(a)(d), 190.01(1.1) and 190.01(2) of the Municipalities Act, and amendments thereto. Description of condition (s): The building has become a hazard to the safety of the public by reason of being vacant or unoccupied and by reason of dilapidation. The conditions of the building and premises are described in Schedule "A ", a true copy of the inspection report dated May 27, 2013 prepared by Christopher McKiel and reviewed by Pamela Bentley, P. Eng., By -law Enforcement Officer. Remedy or remedies required: The owners are to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premises into compliance with the aforesaid By -law, hn the event that the owners do not remedy the condition of the building and premises in the time prescribed by this Notice to' Comply, the building may be demolished as the corrective action to address the hazard to the safety of the public and the premises may be cleaned up. In the event of demolition, all debris and items on the premises will be disposed of as the corrective action to address the hazard to the safety of the public. Municipalite signifiant 1'avis : City of Saint John Arrete cnfreint : Arrete relatif aux lieux inesthetiques et aux bdtiments et constructions dangereux de Saint John, Arrete numdro M -30, ainsi que ses modifications ei- afferentes (l' << Arrete »). Disposition(s) enfreinte(s) . Les paragraphes 190.01(1)(a)(d), 190.01(1.1) et 190.01(2) de la Loi sur les municipalites, ainsi que les modifications afferentes. Description de la (des) condition(s) : Le batiment est devenu dangereux pour la sdcurite du public du fait de soil inhabitation ou de son inoccupation et du fait de son delabrement. Les conditions du batiment et des lieux sont ddcrites a Pannexe « A >>, une copie conforme du rapport d'inspection en date du 27 mai 2013 et prepare par Christopher McKiel et revise par Pamela Bentley, ing., une agente chargde de 1'execution des arretes municipaux. Mesure(s) a prendre : Les propridtaires doivent restaurer les conditions en se conformant aux recommandations du rapport d'inspection susmentionnd et d'amener le batiment et les lieux en conformites avec 1'Arrete. Dans 1'eventualite que les propridtaires ne remddient pas le batiment et les lieux dans le temps prescrit par le present avis de eonformitd, le batiment pourra etre ddmolis comme mesure corrective compte tenu qu'il reprdsente un danger pour la sdcurite du public et les lieux pourront etre nettoyds. Dans 1'eventualite de demolition, tous les debris et autres items sur les lieux seront disposes comme mesure corrective dans le but do remedier le danger pour la sdcurite du public. The aforementioned remedial actions relating to the Les mesures correctives susmentionnees relativement demolition of the building and the disposal of debris and a la demolition du batiment et la disposition des debris items on the premises do not include the carry-out clean- up, site rehabilitation, restoration of land, premises or personal property or other remedial action in order to control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. Date by which the remedy or remedies must occur: a) The demolition of the building, clean -up of the property and related remedies must be complete, or plans and permit applications for repair related remedies, must be submitted: within 60 days of being served with the Notice to Comply. b) The repair related remedies must be complete within 120 days of being served with the Notice to Comply. Date by which notice may be appealed: Within 14 days of being served with the Notice to Comply.. Process to appeal: The owners may within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John., City Hall -- 8th Floor, 15 Market Square, Saint John, New Brunswick, E2L 4L1. Potential penalty for non - compliance within specified time:2 Paragraph 190.03(1) of the Municipalities Act states that a person who fails to comply with the terms of the Notice to Comply given under Section 190.011 of the said Act, commits an offence that is punishable under Part H of the Provincial Offences Procedure Act as a category F offence. Where an offence under paragraph 190.03(1) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph 190.03(1.2)(b)(i). Municipality's authority to undertake repairs or remedy:s Subparagraphs 190.04(1)(a), 190.04(1)(a.1) and 190.04(1)(b) of the Municipalities Act states that if a Notice to Comply has been given under section 190.011 of the said Act and that an owner or occupier does not comply with the Notice to Comply, as deemed confirmed or as confirmed or modified by a committee of council or a judge under section 190.021 of the said Act, within the time set out in the Notice to Comply, the municipality may, cause the premises of that owner or occupier to be cleaned up or repaired, or cause the building of that owner or occupier to be repaired or demolished, and the cost of carrying out such work, including any related charge or fee, is chargeable to the owner or occupier and becomes a debt due to the et autres items sur les lieux ne comprennent pas le nettoyage, la remise en etat des lieux, des terrains ou des biens personnels ou toute autre mesure corrective dans le but de contr6ler ou de reduire, d'eliminer le deversement, de modifier le mode de deversement ou le deversement d'un polluant dans ou sur 1'environnement on toute partie de 1'environnement. Date it laquelle la on les mesures doivent titre prisesi a) La demolition du batiment et le nettoyage des lieux doivent titre completees, ou a laquelle les plans et demande de permis pour les mesures des reparations, doivent titre soumises, dans les 60 jours qui suivent la signification de Pavis de conformite. b) Les reparations reliees aux mesures doivent titre completees dans les 120 jours qui suivent la signification de l'avis de conformite. Date it laquelle un appel de l'avis pent titre depose: Dans les 14 jours qui suivent la notification de Pavis de conformite. Processus d'appel : Les proprietaires peuvent dans les 14 jours qui suivent la notification de 1'avis de conformite, envoyes un avis d'appel par courrier recommande au greffier communal de la municipalite, A The City of Saint John, Edifice de l'hetel de ville, 8e etage, 15 Market Square, Saint John, Nouveau - Brunswick, E2L 4L1. Pinaliti possible pour non - conformite dans le dilai prescritz : Le paragraphe 190.03(1) de la Loi sur les municipalites prevoit quiconque omet de se conformer aux exigences formulees dans un avis de conformite notifie aux termes de Particle 190.011 de ladite loi, commet une infraction qui est punissable en vertu de la Partie 11 de la Loi sur la procedure applicable aux infractions provinciales a titre d'infraction de ]a classe F. Lorsqu'une infraction prevue au paragraphe 190.03(1) se poursuit pendant plus d'une journee, Pamende minimale qui pout titre imposee est Pamende minimale prevue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipliee par le hombre de jours pendant lesquels l'infraction se poursuit conformement a Palinea 190.03(1.2)(b)(i). Pouvoir de la municipalite d'entreprendre les reparations ou de prendre les mesures : Conformement aux alineas 190.04(1)(a), 190.04(1)(a.1) et 190 .04(1)(b) de 1a Loi sur des municipalites, si un avis de conformite a ete signifie aux termes de Particle 190.011 de ladite loi et, quo le proprietaire on 1'occupant no se conforme pas a cet avis de conformite dans le delai imparti et tel qu'il est repute confirme ou tel qu'il est confirme ou modifie par un eomite du conseil ou par un juge en vertu de Particle 190.021 de ladite loi, la municipalite pout faire nettoyer ou reparer les lieux de cc proprietaire ou de cet occupant ou de faire reparer ou demolir la propriete de cc proprietaire ou de cot occupant, et les frais relatifs a 1'execution de ces travaux, y compris municipality. Dated at Saint John the L-1 day of May, 2013 Municipality: The City of Saint John Signature of Municipal Officer: toute redevance ou tout droit aff6rent, sont a la charge du propri6taire ou de 1'occupant et deviennent une er6ance de la municipalite. Fait a Saint John le mai, 2013. Municipalite : The City of Saint John Signature de la repr6sentante municipale: Municipal Officer's Contact information: Name: Pamela Bentley, P.Eng. Mailing address: Buildings and Inspection Services Department The City of Saint John 15 Market Square City Hall Building, 10�' Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: (506) 658 -2911 Telecopier: (506) 632 -6199 Email: I Seal of Notes: L All appropriate permits must be obtained and all relevant legislation must be complied with in the course of carrying out the required remedial action. 2. Payment of the fine does not alleviate the obligation to comply with the by -law, standard or notice to comply. 3. Costs become a debt due to the municipality and may be added to the joint municipal and provincial Real Property Assessment and Tax Notice. Coordonn6es de la representante municipale : Nom: Pamela Bentley, ing. Adresse postale: D6partement aux services d'inspection et des batiments The City of Saint John 15 Market Square Edifice de 1'h6tel de ville, 10' 6tage Case postale 1971 Saint John (Nouveau- Brunswick) E2L 4L1 Telephone: (506) 658 -2911 T61ecopieur : (506) 632 -6199 Courriel: pamela.bentley @saintjohn.ca Sceau de la municipalite Notes : 1. Tous les permis prescrits doivent titre obtenus et toute la legislation pertinente doit titre respectee, pendant 1'execution de la mesure de recours. 2. Le paiement de 1'amende n'annule pas 1'obligation de respecter Parr @t6, la norme ou I'avis de conformit6. 3. Les colts deviennent une dette envers la municipalite et peuvent We ajout6s a 1'avis d'6valuation et d'imp6t fancier municipal et provincial. INSPECTION REPORT Schedule "A" 49 -51 Summer Street Saint John, New Brunswick PID# 22186 Inspection Date: May 2 and May 21, 2013 Inspector: Christopher McKiel Introduction I hereby certify that this document is a true copy of original. Dated at Saint John, thip c�22 -7 day of An inspection of the property noted that the building on the premise is open, vacant, unoccupied and dilapidated. The property has one structure; a three storey wood framed apartment building, which has been vacant since May of 2012. There are multiple unsecured points of access into the building including a side entrance which allows access to the entire building and open access to the basement and attached rear sheds. The premise has a large amount of debris, including couches, tires, broken glass, junk and other garbage materials. The interior of the building contains a large amount of mold and water damage. The building is a hazard to the safety of the public by reason of being vacant or unoccupied and by reason of dilapidation. Discussion The building is not in compliance with the Saint Jahn Unsightly Premises and Dangerous Buildings and Structures By -law, By -law Number M -30, and amendments thereto (the `By- law "). Unsightly premise conditions Subsection 190.01(1) of the Municipalities Act states: No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises (a) any ashes, junk, rubbish or refuse, (d) a dilapidated building. 1. The premise contains a large amount of wood, tires, and couches which are combustible and may be used to initiate a fire on the premise. There are also sheets of Plywood and other scrap wood, some of which contain protruding nails. 2. There is debris and garbage on the premise including couches, tires, cups, bags, one car battery, two shopping carts and a metal frame for a barbecue. The paint on the north side of the building is peeling severely on both the wood siding and window frames. There are also several windows and doors on the ground level which are boarded up. The building and premise are unsightly. Vacant and Unoccupied Conditions Paragraph 194.01(1.1) of the Municipalities Act states: xl/.SJ No person shall permit a building or structure owned or occupied by him or her to become a hazard to the safety of the public by reason of being vacant or unoccupied. The building is a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: 1. The building is currently vacant and has been since May of 2012; staff have been advised that the current owners have declared bankruptcy. Thera have been written notices to the owners issued on June 4, 2012, September 21, 2012, January 16, 2013, and February 4, 2013, from Building and Inspection Services, requiring that the building be made secured to restrict public access. Upon multiple inspections the building has still been found to be open and unsecured. The building is abandoned. 2. The building has been found to be open during periodic inspections. There are currently three points of access which are unsecured; there is a fourth point on the lowest deck which has been found to be unsecured upon prior inspections which would provide access to upper levels of the building. A building that has been left unsecured from public entry could attract vandalism, arson, mischief, or criminal activity and these activities could devalue properties in the area. Arson and criminal activity may cause property damage to adjacent buildings and may pose hazards to the safety of neighbourhood residents. There is a presence of combustible materials within close proximity to the building which could easily be used to initiate a fire. The subject building is situated in a densely populated area and has neighbouring multi - family and single - family buildings in close proximity as well as a notable amount of pedestrian traffic. The impact of a fire event would be amplified due to the close proximity of surrounding homes increasing the potential for the fire to spread to other residences. 3. There are multiple windows that are either broken or open, as well as the unprotected openings to the basement and attached rear sheds, which are allowing the elements to enter the building. The interior inspection noted that the roof on the building was leaking in at least one location and has caused extensive water damage in all units. The leak is continuing to allow water into the building which is further accelerating the deterioration of the structure. 4. There is a concern for firefighter safety in the event of a fire. Since the building has been known to the public as vacant, it would be reasonable for firefighters to enter it in the event of a fire to check for people inside. The condition of the interior is unknown to firefighters, which poses a hazard to their safety and others who may be inside in the event of a fire. The power has been disconnected at the meter; however, the power line is still connected to the building which may cause a potential hazard in the event of a fire. 5. Where accessible at the attached rear sheds and basement, it can be seen that there are significant amounts of garbage in the rooms, including beer bottles, an old bench seat from a van, a couch, insulation falling from the ceiling, and two mattresses on the floor. These conditions can create tripping hazards to any person who may be entering the building; this could include those who may be trespassing or emergency responders. 6. Trevor Tompkins of the Saint John Fire Department representing the Fire Marshal, has provided a property report for the building at 49 & 51 Summer Street attached hereto as "Schedule B ". This report outlines the Saint John Fire Department's concerns with the building with regards to suspicious activity at the premise as well as the challenges associated with fighting a structure fire at this location. 2 Subsection 190.01 (2) of the Municipalities Act states: No person shall permit a building or structure owned or occupied by him or her to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. The building is a hazard to the safety of the public by reason of being dilapidation for the following reasons: 1. The building is approximately 10m x 24m and the middle section of the building is showing a notable amount of settlement which is easily visible when looking at the north side of the structure. The interior inspection also showed consistent signs of settlement with sloping and uneven floors. There is a hole on the north side of the building in which the lath and plaster can easily be seen from the exterior and this is providing an access point for the elements to penetrate the structure and accelerate deterioration. 2. The roof overhang on the south side of the building above the decks is in deteriorated condition and the main wooden beam supporting the roof overhang shows a large crack. The supports for the roof overhang and the supports for each of the intermediate decks at each floor level are deteriorated due to rot. The stairs leading to the south side entry has no handrail or guards leading up to the landing. Both the stairs and deck are rotted and dangerous. These conditions are a danger to anyone who may climb the stairs or attempt to use the stairs to gain access to a nearby deck, for purposes of attempting entry to upper levels off the building. 3. An interior inspection of the building revealed significant water damage and leaking, which is originating from at least one leak in the roof. Because of water infiltration there is a large presence of mold throughout the building. Other damage as a result of the water includes lifting floor boards and one area of lath in the ceiling showing visible rot and deterioration. The large presence of mold poses a health hazard to anyone who may enter the building. 4. The stairs inside the south side entrance are rotted and dangerous. These stairs provide direct access to the upper units in the building and are a hazard to anyone who gains access to the building. 5. Inside one of the third storey units there were two holes in the floor which could pose tripping hazards to anyone who may enter the building. 3 Required Remedial Actions The owner must comply with one of the two options stated below: Option 1: Remedy the conditions of the building through all repair and remedial actions as follows: 1. The building must be completely repaired so it may become occupied while maintaining minimum standards as described by the Saint John Minimum Property Standards By -law and the Code. 2. The building must be maintained, kept secure, and monitored on a routine basis while the property remains vacant or unoccupied.. 3. A detailed plan must be submitted to the Buildings and Inspection Services Department of the City of Saint John (the "Department ") for review and approval. This plan should also include a complete engineering report regarding the structural soundness of the building and any necessary repairs. The plan should also include a schedule for the work that is to be carried out. The repaired building must meet the National ,Building Code of Canada (2005) as well as other applicable codes. 4. The detailed plan, including schedules and any engineering reports, must be approved by the Department prior to commencing repair work. 5. A building permit must be obtained for any and all applicable work prior to commencing said work from the City of Saint John in order to comply with the Saint John Building By -law, By -law Number C.P. 101 and amendments thereto (the "Saint John Building By- law "). 6. The premise must be cleared of all debris found on the property, including any and all rubbish that may be considered hazardous or unsightly. The debris from the premise must be disposed of at an approved solid waste disposal site, in accordance with all applicable by -laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. The premise must comply with all applicable by -laws, acts, codes and regulations. Option 2: Demolition of the building and cleanup of all debris on the premise by complying with all the remedial actions as follows: 1. The building must be demolished to remove the hazard to the safety of the public by reason of dilapidation and by reason of being vacant or unoccupied. 2. A demolition permit must be obtained from the City of Saint John in order to comply with the Saint John Building By -law. 3. The premise must be cleared of the debris from the demolition and the lot must be made reasonably level with grade so as to not create a tripping or falling hazard. All debris must be disposed of at an approved solid waste disposal site, and in accordance with all applicable by -laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 4. All debris that is currently on the premise must be cleared and disposed of at an approved solid waste disposal site, and in accordance with all applicable by -laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 5. The property must be in compliance with all applicable by -laws, acts and regulations. rd Prepared by: Christopher McKiel, E1T.�Y 2' 20l Date Growth and Community Development Services Reviewed by: Pamela Bentley, P. Eng. Technical Services Engineer Growth and Community De-, Services 5 fl-I Z-013 Date '.' — le vww. •rrvrr�.. CITY OF SAINT JOHN,' N.B. (PAGE °f SAINT JOHN FIRE DEPARTMENT �� °gip 16 npo 45 LEINSTER STREET, SAINT JOHN, N.B. E21- 1 H9 PHONE (506) 658 -2962 — FAX (506) 658 -4557 ffOftN EIRE 9 PROPERTY REPORT BUILDING # Inspection Date: 13 -04 -05 Building Name: Street No. & Name: 49 -51 Summer Street City: Saint John Prov. NB MAILING ADDRESS: Name: Ken & Tracey Nunes Street: tnunes(cr7.telus.net knunes su erb.net Prov. Postal Code: FORM # 06 -01 Type: 10 FPO # 4422 Apt. #/Suite: Postal Code: City: Tel. # r^ -ii "'t # OF PAGES: 1— (INCLUDING ATTACHED DOCUMENTS) FIRE PREVENTION OFFICER: Trevor Tompkins DATE: 13 -04 -05 NOTICE OF APPEAL FORM 1 (Municipalities Act, R.S.N.B. 1973, c. M -22, s.190.021(1)) File No.: BETWEEN: Appellant(s), -and - THE CITY OF SAINT JOHN, Respondent. Parcel Identifier: PID # Parcel Address: Owner(s) or Occupier(s): Name: Address: Telephone: Name: Address: Telephone: AVIS D'APPEL FORMULE 1 (Loi sur les municipalites, L.R.N.-B. de 1973, ch. M -22, par. 190.021(1)) N° du dossier: ENTRE: Appelant(s), -et- THE CITY OF SAINT JOHN, Intimee. Numero d' identification de la parcelle : # NID Adresse de la parcelle : Proprietaire(s) ou occupant(s) Nom: Adresse Telephone: Nom: Adresse Telephone: -2- The above named appellant(s) is (are) not satisfied with the terms and conditions set out in the notice that has been given under section 190.011 of the Municipalities Act and appeals to the Saint John Substandard Properties Appeal Committee. The appellant's grounds for this appeal are as follows (set out the grounds clearly but briefly): Dated at the 2013. L'appelant(s) susnomme(s) n'accepte(nt) pas les modalites ou les conditions qui y sont enonce's dans 1'avis qui a ete notifie aux termes de Particle 190.011 de la Loi sur les municipalites et fait appel au Comite d'appel des propriet6s inferieures aux normes de Saint John. Les motifs d'appel de 1'appelant(s) dans le present appel sont les suivants (enoncer les motifs de fagon claire et concise) : day of Fait a Signature of owner or occupier The appellant(s) intends to proceed in the English or French language (Please check the appropriate box). Please forward your Notice of Appeal by registered mail to the clerk of The City of Saint John within fourteen (14) days after having been given the notice at the following address: Common Clerk's Office 15 Market Square, City Hall Building, 8t' Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: 506 -658 -2862 Telecopier: 506- 674 -4214 Notes: 1. A notice that is not appealed within fourteen (14) days after having been given the notice shall be deemed to be confirmed. le 2013. Signature du proprietaire ou Foccupant L'appelant(s) a (ont) 1'intention d'utiliser la langue francaise ou anglaise (Veuillez cocher la case appropri2e). Veuillez faire parvenir votre Avis d'appel par courrier recommande au secrtaire de The City of Saint John daps les quatorze (14) jours qui suivent la notification de l 'avis it l 'adresse suivante : Bureau du greffier communal 15 Market Square, Edifice de Fhotel de ville, 8' etage Case postale 1971 Saint John (Nouveau- Brunswick) E2L 4L1 Telephone: 506-658-2862 Telecopieur: 506-674-4214 Notes : 1. Un avis dont it West pas interjete appel daps les quatorze (14) jours qui suivent la notification de 1'avis est reputee confirme. -3- 2. On an appeal, the Saint John Substandard Properties Appeal Committee shall hold a hearing into the matter at which the owner(s) or occupier(s) bringing the appeal has (have) a right to be heard and may be represented by counsel. 3. On an appeal, the Saint John Substandard Properties Appeal Committee may confirm, modify or rescind the notice or extend the time for complying with the notice. 4. The Saint John Substandard Properties Appeal Committee shall provide a copy of its decision to the owner(s) or occupier(s) of the premises, building or structure who brought the appeal within fourteen (14) days after making its decision. 5. The owner(s) or occupier(s) provided with a copy of a decision from the Saint John Substandard Properties Appeal Committee may appeal the decision to a judge of The Court of Queen's Bench of New Brunswick within fourteen (14) days after the copy of the decision was provided to the owner(s) or occupier(s) on the grounds that (a) the procedure required to be followed by the Municipalities Act was not followed, or (b) the decision is patently unreasonable. 2. Lors dun appel, le Comite d'appel des proprietes inferieures aux normes de Saint John doit tenir, sur le point en litige, une audience au cours de laquelle le(s) propridtaire(s) ou i'occupant(s) qui interjette(nt) appel a (ont) le droit d'etre entendu(s) et peut(vent) se faire representer par un avocat. 3. Lors d'un appel, le Comite d'appel des proprietes inferieures aux normes de Saint John peut confirmer, modifier ou annuler 1'avis ou proroger le ddlai pour s'y conformer. 4. Le Comite d'appel des proprietes inferieures aux normes de Saint John doit fournir une copie de sa decision au(x) proprietaire(s) ou a 1'occupant(s) des lieux, du batiment ou de is construction qui lui a(ont) interj etd appel dans les quatorze (14) jours suivant la date a laquelle it a rendu sa decision. 5. Le(s) propridtaire(s) ou 1'occupant(s) a qui une copie dune ddcision a dtd fournie par le Comite d'appel des proprietes inferieures aux normes de Saint John peut(vent), daps les quatorze (14) jours qui suivent, interjeter appel de la decision devant un juge de la Cour du Banc de la Reine du Nouveau- Brunswick au motif que (a) la d6 arche a suivre en vertu de la Loi sur les municipalites n'a pas dtd suivie, ou (b) la decision est manifestement deraisonnable. CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN IN THE MATTER OF THE BUILDING THAT IS LOCATED AT 49 and 51 Summer Street, SAINT JOHN, N.B. (PID number 22186) AFFIDAVIT OF SERVICE I, Christopher Daniel McKiel, of Hampton, N.B., Make Oath And Say As Follows: 1. I am employed by The City of Saint John in its Buildings and Inspection Services Department. I have personal knowledge of the matters herein deposed except where otherwise stated. 2. On May 27, 2013, at approximately 3:gLlPtl . I posted a copy of the attached Notice to Comply, marked Exhibit. "A ", and the attached, Notice of Appeal, marked Exhibit "B" to the front door of the building that is located at 49 and 51 Summer Street, Saint John, N.B. Sworn To before me at the City of Saint John, N.B., on the 27th day of May, 2013 �rl Pamela Bentley PAMELA M H BENTLEY COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEMBER 31ST, 2013 Christopher McKiel This is Exhibit ``)14 " �ferred to in the Aff'davit of KI S Y r5 j e Sworn before me at the City of Saint Jo n, New Br R nswick the y of1� Commissioner of'path PAMELA M H BENTLEY COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEMBER 31sT, 2013 FORM 1 s FORMULE 1 NOTICE TO COMPLY AYIS DE CONFORMITE (Municipalities Act, R.S.N.B. 1973, (Lai sur les municipalites, L.R.N.-B. de 1973, c.M -22, s.190.01(3)) ch. M -22, par. 190.01(3)) Parcel Identifier: 22186 Numbro d'identification de la parcelle : 22186 Address: 49 and 51 Summer Street, Saint John, New Brunswick Owner(s) or Occupier(s): Name: Nunes, Kenneth Gabriel Address: 13440 235th Street, Maple Ridge, British Columbia, V4R 2W3 Name: Nunes, Tracey Leanne Adresse : 49 et 51, rue Summer, Saint John, Nouveau - Brunswick Proprietaire(s) on occupant(s) : Nom: Nunes, Kenneth Gabriel Adresse : 13440 rue 235 e, Maple Ridge, Colombie-Britannique, V4R 2W3 Nom : Nunes, Tracey Leanne Address: 13440 235th Street, Maple Ridge, British Adresse : 13440 rue 235', Maple Ridge, Columbia, V4R 2W3 Colombie- Britannique, WR 2W3 Municipality issuing notice: City of Saint John By -law contravened: Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, By- law Number M -30 and amendments thereto (the `By- law"). Provision(s) contravened: Paragraphs 190.01(1)(a)(d), 190.01(1.1) and 190.01(2) of the Municipalities Act, and amendments thereto. Description of condition(s): The building has become a hazard to the safety of the public by reason of being vacant or unoccupied and by reason of dilapidation. The conditions of the building and premises are described in Schedule "A ", a true copy of the inspection report dated May 27, 2013 prepared by Christopher McKiel and reviewed by Pamela Bentley, P. Eng., By -law Enforcement Officer. Remedy or remedies required: The owners are to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premises into compliance with the aforesaid By -law. In the event that the owners do not remedy the condition of the building and premises in the time prescribed by this Notice to Comply, the building may be demolished as the corrective action to address the hazard to the safety of the public and the premises may be cleaned up. In the event of demolition, all debris and items on the premises will be disposed of as the corrective action to address the hazard to the safety of the public. Municipalite signifiant Pavis : City of Saint John Arrete enfreint : Arrete relatif aux lieux inesthetiques et aux bdtiments et constructions dangereux de Saint John, Arrete numero M -30, ainsi que ses modifications ci- afferentes (P << Arrete »). Disposition(s) enfreinte(s) : Les paragraphes 190.01(1)(a)(d), 190.01(1.1) et 190.01(2) de la Loi sur les municipalites, ainsi que les modifications afferentes. Description de la (des) condition(s) : Le batiment est devenu dangereux pour la securite du public du fait de son inhabitation ou de son inoccupation et du fait de son delabrement. Les conditions du batiment et des lieux sont decrites a Fannexe « A », une copie conforme du rapport d'inspection en date du 27 mai 2013 et prepare par Christopher McKiel et revise par Pamela Bentley, ing., une agente chargee de 1'execution des arretes municipaux. Mesure(s) a prendre : Les proprietaires doivent restaurer les conditions en se conformant aux recommandations du rapport d'inspection susmentionne et d'amener le, batiment et les lieux en conformites avec 1'Arrete. Dans 1'eventualite que les proprietaires ne remedient pas le batiment et les lieux daps le temps prescrit par le present avis de conformite, le batiment pourra etre demolis comme mesure corrective compte tenu qu'il represente un danger pour la securite du public et les lieux pourront etre nettoyes. Dans 1'eventualite de demolition, tour les debris et autres items sur les lieux seront disposes comme mesure corrective dans le but de remedier le danger pour la securite du public. The aforementioned remedial actions relating to the Les mesures correctives susmentionnees relativement demolition of the building and the disposal of debris and a la demolition du batiment et la disposition des debris items on the premises do not include the carry-out clean- up, site rehabilitation, restoration of land, premises or personal property or other remedial action in order to control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. Date by which the remedy or remedies must occur: i a) The demolition of the building, clean -up of the Property and related remedies must be complete, or plans and permit applications for repair related remedies, must be submitted: within 60 days of being served with the Notice to Comply. b) The repair related remedies must be complete within 120 days of being served with the Notice to Comply. Date by which notice may be appealed: Within 14 days of being served with the Notice to Comply. Process to appeal: The owners may within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall — 8'h Floor, 15 Market Square, Saint John, New Brunswick, E2L 4L1. Potential penalty for non - compliance within specified timer Paragraph 190.03(1) of the Municipalities Act states that a person who fails to comply with the terms of the Notice to Comply given under Section 190.011 of the said Act, commits an offence that is punishable under Part H of the Provincial Offences Procedure Act as a category F offence. Where an offence under paragraph 190.03(1) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph 190.03(1.2)(b)(i). Municipality's authority to undertake repairs or remedy:3 Subparagraphs 190.04(1)(a), 190.04(1 )(a.1) and 190.04(1)(b) of the Municipalities Act states that if a Notice to Comply has been given under section 190.011 of the said Act and that an owner or occupier does not comply with the Notice to Comply, as deemed confirmed or as confirmed or modified by a committee of council or a judge under section 190.021 of the said Act, within the time set out in the Notice to Comply, the municipality may, cause the premises of that owner or occupier to be cleaned up or repaired, or cause the building of that owner or occupier to be repaired or demolished, and the cost of carrying out such work, including any related charge or fee, is chargeable to the owner or occupier and becomes a debt due to the et autres items sur les lieux ne comprennent pas le nettoyage, la remise en 6tat des lieux, des terrains ou des biens personnels ou toute autre mesure corrective dans le but de contr6ler ou de r6duire, d'dliminer le d6versement, de modifier le mode de d6versement ou le d6versement d'un polluant dans ou sur 1'environnement ou toute partie de 1'environnement. Date a laquelle la on les mesures doivent titre prisesi : a) La d6molition du batiment et le nettoyage des lieux doivent titre compl6t66s, ou a laquelle les plans et demande de permis pour les mesures des r6parations, doivent titre soumises, dans les 60 jours qui suivent la signification de Pavis de conformit6. b) Les r6parations reli6es aux mesures doivent titre compl6t6es dans les 120 jours qui suivent la signification de ]'avis de conformit6. Date a laquelle un appel de Pavis peut titre depose: Dans les 14 jours qui suivent la notification de Pavis de conformit6. Processus d'appel : Les propri6taires peuvent dans les 14 jours qui suivent la notification de Pavis de conformite, envoyds un avis d'appel par courrier recommand6 au greffier communal de la municipalit6, a The City of Saint John, Edifice de Ph6tel de ville, 8e 6tage, 15 Market Square, Saint John, Nouveau - Brunswick, E2L 4L1. Penalite possible pour non-conformit6 dans le delai prescritz : Le paragraphe 190.03(1) de la Loi sur les municipalites pr6voit quiconque omet de se conformer aux exigences formuldes dans un avis de conformit6 notifid aux termes de Particle 190.011 de ladite loi, commet une infraction qui est punissable en vertu de la Partic R de la Loi sur la procedure applicable aux infractions provinciales a titre d'infraction de la classe F. Lorsqu'une infraction prevue au paragraphe 190.03(1) se poursuit pendant plus d'une journde, 1'amende minimale qui peut titre impos6e est 1'amende minimale prdvue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipli6e par le nombre de jours pendant lesquels ]'infraction se poursuit conformdment a 1'alin6a 190.03(1.2)(b)(i). Pouvoir de la municipalite d'entreprendre les reparations ou de prendre les mesures : Conform6ment aux alin6as 190.04(1)(a), 190.04(1)(a.1) et 190.04(1)(6) de la Loi sur les municipalites, si un avis de conformite a 6t6 signif.6 aux termes de Particle 190.011 de ladite loi et, que le propri6taire ou Poccupant ne se conforme pas a cet avis de conformit6 dans le d &lai imparti et tel qu'il est r6put6 confirm& ou tel qu'il est confinn6 ou modifi6 par un comitd du conseil ou par un juge en vertu de Particle 190.021 de ladite loi, la municipalitd peut faire nettoyer ou r &parer les lieux de cc propridtaire ou de cet occupant ou de faire r6parer ou ddmolir la propri6t6 de cc propri6taire ou de cet occupant, et les frais relatifs a 1'ex6cution de ces travaux, y compris municipality. Dated at Saint John the L"7 day of May, 2013 Municipality: The City of Saint John Signature of Municipal Officer: Municipal Officer's Contact information: Name: Pamela Bentley, P.Eng, Mailing address: Buildings and Inspection Services Department The City of Saint John 15 Market Square City Hall Building, 10t" Floor P. O. Box 1971 Saint John, New Brunswick E21, 4L1 Telephone: (506) 658 -2911 Telecopier: (506) 632 -6199 Email: i Seal of Notes: 1. All appropriate permits must be obtained and all relevant legislation must be complied with in the course of carrying out the required remedial action. 2. Payment of the fine does not alleviate the obligation to comply with the by -law, standard or notice to comply. 3. Costs become a debt due to the municipality and may be added to the joint municipal and provincial Real Property Assessment and Tax Notice. toute redevance ou tout droit afferent, sont a la charge du propri6taire ou de ]'occupant et deviennent une cr6ance de la muuicipalit6. Fait a Saint John le , mai, 2013. Municipalit6 : The City of Saint John Signature de la representante municipale: Coordonnees de la repr6sentante municipale : Nom: Pamela Bentley, ing. Adresse postale: Departement aux services d'inspection et des batiments The City of Saint John 15 Market Square Edifice de 1'h6tel de ville, l0e 6tage Case postale 1971 Saint John (Nouveau - Brunswick) E2L 4L1 T616phone : (506) 658 -2911 T616copieur : (506) 632 -6199 Courriel: pamela.bentley @saintjohn.ca Sceau de la municipality Notes : 1. Tous les permis prescrits doivent titre obtenus et toute la legislation pertinente doit titre respectee, pendant 1'exdcution de la mesure de recours. 2. Le paiement de 1'amende n'annule pas ]'obligation de respecter 1'arretd, la norme ou I'avis de eonformit6. 3. Les couts deviennent une dette envers la municipalit6 et peuvent We ajoutds a l'avis d'dvaluation et d'imp6t foncier municipal et provincial. INSPECTION REPORT Schedule "A" 49 -51 Summer Street Saint John, New Brunswick PID# 22186 Inspection Date: May 2 and May 21, 2013 Inspector: Christopher McKiel Introduction I hereby certify that this document is a true copy offt original. Dated at Saint Johdy thip J -7 dad+ of An inspection of the property noted that the building on the premise is open, vacant, unoccupied and dilapidated. The property has one structure; a three storey wood framed apartment building, which has been vacant since May of 2012. There are multiple unsecured points of access into the building including a side entrance which allows access to the entire building and open access to the basement and attached rear sheds. The premise has a large amount of debris, including couches, tires, broken glass, junk an other garbage materials. The interior of the building contains a large amount of mold and water damage. The building is a hazard to the safety of the public by reason of being vacant or unoccupied and by reason of dilapidation. Discussion The building is not in compliance with the Saint John Unsightly Premises and Dangerous Buildings and Structures By -law, By -law Number M -30, and amendments thereto (the `By- law "). Unsightly premise conditions Subsection 190.01(1) of the Municipalities Act states: No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises (a) any ashes, junk, rubbish or refuse. (d) a dilapidated building. 1. The premise contains a large amount of wood, tires, and couches which are combustible and may be used to initiate a fire on the premise. There are also sheets of plywood and other scrap wood, some of which contain protruding nails. 2. There is debris and garbage on the premise including couches, tires, cups, bags, one car battery, two shopping carts and a metal frame for a barbecue. 3. The paint on the north side of the building is peeling severely on both the wood siding and window frames. There are also several windows and doors on the ground level which are boarded up. The building and premise are unsightly. Vacant and Unoccupied Conditions Paragraph 194.01(1.1) of the Municipalities Act states: 20.LS.► No person shall permit a building or structure owned or occupied by him or her to become a hazard to the safety of the public by reason of being vacant or unoccupied. The building is a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: 1. The building is currently vacant and has been since May of 2012; staff have been advised that the current owners have declared bankruptcy. There have been written notices to the owners issued on June 4, 2012, September 21, 2012, January 16, 2013, and February 4, 2013, from Building and Inspection Services, requiring that the building be made secured to restrict public access. Upon multiple inspections the building has still been found to be open and unsecured. The building is abandoned. 2. The building has been found to be open during periodic inspections. There are currently three points of access which are unsecured; there is a fourth point on the lowest deck which has been found to be unsecured upon prior inspections which would provide access to upper levels of the building. A building that has been left unsecured from public entry could attract vandalism, arson, mischief, or criminal activity and these activities could devalue properties in the area. Arson and criminal activity may cause property damage to adjacent buildings and may pose hazards to the safety of neighbourhood residents. There is a presence of combustible materials within close proximity to the building which could easily be used to initiate a fire. The subject building is situated in a densely populated area and has neighbouring multi- family and single- family buildings in close proximity as well as a notable amount of pedestrian traffic. The impact of a fire event would be amplified due to the Close proximity of surrounding homes increasing the potential for the fire to spread to other residences. 3 • There are multiple windows that are either broken or open, as well as the unprotected openings to the basement and attached rear s heds, which are allowing the elements to enter the building. The interior inspection noted that the roof on the building was leaking in at least one location and has caused extensive water damage in all units. The leak is continuing to allow water into the building which is further accelerating the deterioration of the structure. 4. There is a concern for firefighter safety in the event of a fire. Since the building has been known to the public as vacant, it would be reasonable for firefighters to enter it in the event of a fire to check for people inside. The condition of the interior is unknown to firefighters, which poses a hazard to their safety and others who may be inside in the event of a fire. The power has been disconnected at the meter; however, the power line is still connected to the building which may cause a potential hazard in the event of a fire. 5. Where accessible at the attached rear sheds and basement, it can be seen that there are significant amounts of garbage in the rooms, including beer bottles, an old bench seat from a van, a couch, insulation falling from the ceiling, and two mattresses on the floor. These conditions can create tripping hazards to any person who may be entering the building; this could include those who may be trespassing or emergency responders. 6. Trevor Tompkins of the Saint John Fire Department representing the Fire Marshal, has provided a property report for the building at 49 & 51 Summer Street attached hereto as "Schedule B ". This report outlines the Saint John Fire Department's concerns with the building with regards to suspicious activity at the premise as well as the challenges associated with fighting a structure fire at this location. K Subsection 190.01(2) of the Municipalities Act states: No person shall permit a building or structure owned or occupied by him or her to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. The building is a hazard to the safety of the public by reason of being dilapidation for the following reasons: 1. The building is approximately 10m x 24m and the middle section of the building is showing a notable amount of settlement which is easily visible when looking at the north side of the structure. The interior inspection also showed consistent signs of settlement with sloping and uneven floors. There is a hole on the north side of the building in which the lath and plaster can easily be seen from the exterior and this is providing an access point for the elements to penetrate the structure and accelerate deterioration. 2. The roof overhang on the south side of the building above the decks is in deteriorated condition and the main wooden beam supporting the roof overhang shows a large crack. The supports for the roof overhang and the supports for each of the intermediate decks at each floor level are deteriorated due to rot. The stairs leading to the south side entry has no handrail or guards leading up to the landing. Both the stairs and deck are rotted and dangerous. These conditions are a danger to anyone who may climb the stairs or attempt to use the stairs to gain access to a nearby deck, for purposes of attempting entry to upper levels off the building. 3. An interior inspection of the building revealed significant water damage and leaking, which is originating from at least one leak in the roof. Because of water infiltration there is a large presence of mold throughout the building. Other damage as a result of the water includes lifting floor boards and one area of lath in the ceiling showing visible rot and deterioration. The large presence of mold poses a health hazard to anyone who may enter the building. 4. The stairs inside the south side entrance are rotted and dangerous. These stairs provide direct access to the upper units in the building and are a hazard to anyone who gains access to the building. 5. Inside one of the third storey units there were two holes in the floor which could pose tripping hazards to anyone who may enter the building. C Required Remedial Actions The owner must comply with one of the two options stated below: Option 1: Remedy the conditions of the building through all repair and remedial actions as follows: 1. The building must be completely repaired so it may become occupied while maintaining minimum standards as described by the Saint John Minimum Property Standards By -law and the Code. 2. The building must be maintained, Dept secure, and monitored on a routine basis while the property remains vacant or unoccupied. 3. A detailed plan must be submitted to the Buildings and Inspection Services Department of the City of Saint John (the "Department ") for review and approval, This plan should also include a complete engineering report regarding the structural soundness of the building and any necessary repairs. The plan should also include a schedule for the work that is to be carried out. The repaired building must meet the National Building Code of Canada (2005) as well as other applicable codes. 4. The detailed plan, including schedules and any engineering reports, must be approved by the Department prior to commencing repair work. 5. A building permit must be obtained for any and all applicable work prior to commencing said work from the City of Saint John in order to comply with the Saint John Building By -law, By -law Number C.P. 101 and amendments thereto (the "Saint John Building By- law "). 6. The premise must be cleared of all debris found on the property, including any and all rubbish that may be considered hazardous or unsightly. The debris from the premise must be disposed of at an approved solid waste disposal site, in accordance with all applicable by -laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. The premise must comply with all applicable by -laws, acts, codes and regulations. Option 2: Demolition of the building and cleanup of all debris on the premise by complying with all the remedial actions as follows: 1. The building must be demolished to remove the hazard to the safety of the public by reason of dilapidation and by reason of being vacant or unoccupied. 2. A demolition permit must be obtained from the City of Saint John in order to comply with the Saint John Building By -law. 3. The premise must be cleared of the debris from the demolition and the lot must be made reasonably level with grade so as to not create a tripping or falling hazard. All debris must be disposed of at an approved solid waste disposal site, and in accordance with all applicable by -laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 4. All debris that is currently on the premise must be cleared and disposed of at an approved solid waste disposal site, and in accordance with all applicable by-laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 5. The property must be in compliance with all applicable by -laws, acts and regulations. 4 Prepared by: Christopher IVIcKieI, EIT. Growth and Community Development Services Reviewed by: ramela Bentley, P. Eng. Technical Services Engineer Growth and Community De-, Services Date Date "N - If CITY OF SAINT JOHN, N.B. (PAGE of SAINT JOHN FIRE DEPARTMENT 000 �o0 45 LEINSTER STREET, SAINT JOHN, N.B. E21- 1119 178s ' PHONE (506) 658 -2962 — FAX (506) 658 -4557 l�rJ0NN FII�� PROPERTY REPORT BUILDING # Inspection Date: 13 -04 -05 Building Name: Street No. & Name: 49 -51 Summer Street City: Saint John Prov. NB MAILING ADDRESS: Name: Ken & Tracey Nunes Street: tnunes telus.net knunes _.sup_ erb.net Prov. Postal Code: �j0$N F14t'v FORM # 06 -01 Type: 10 FPO # 4422 Apt. #/Suite: Postal Code: City: Tel. # r--ti # OF PAGES: 1` (INCLUDING ATTACHED DOCUMENTS) FIRE PREVENTION OFFICER: Trevor Tompkins DATE: 13 -04 -05 NO'T'ICE OF APPEAL FORM 1 (Municipalities Act, R.S.N.B. 1973, c. M -22, s.190.021(1)) File No.: BETWEEN: Appellant(s), - and - THE CITY OF SAINT JOHN, Respondent. Parcel Identifier: PID # Parcel Address: Owner(s) or Occupier(s): Name: Address: Telephone: Name: Address: Telephone: AVIS D'APPEL FORMULE 1 (Loi sur les municipalitis, L.R.N. -B. de 1973, ch. M -22, par. 190.021(1)) N° du dossier: ENTRE: This is Exhibit "1311 Meerred to inthe Affil pit ©f IS hP,,, Saint .ion, New B.r nswick n day of ' i' � -2-0I� Commissioner of paths Apppelant(sj, PAMELA M H BENTLEY - et - COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEMBER 3157, 2013 THE CITY OF SAINT JOHN, Intimee. Numero d'identifcation de la parcelle : # NID Adresse de la parcelle Proprietaire(s) ou occupant(s) Nom : Adresse : Telephone: Nom: Adresse : Telephone: -2- The above named appellant(s) is (are) not satisfied with the terms and conditions set out in the notice that has been given under section 190.011 of the Municipalities Act and appeals to the Saint John Substandard Properties Appeal Committee. The appellant's grounds for this appeal are as follows (set out the grounds clearly but briefly): Dated at the 2013. L'appelant(s) susnomme(s) n'accepte(nt) pas les modalites ou les conditions qui y sont e'nonces dans Pavis qui a ete notifie aux termer de Particle 190.011 de la Loi sur les municipalites et fait appel au Comite d'appel des proprietes inferieures aux normes de Saint John. Les motifs d'appel de 1'appelant(s) dans le present appel sont les suivants (enoncer les motifs de fagon claire et concise) : day of Fait a Signature of owner or occupier The appellant(s) intends to proceed in the English or French language (Please check the appropriate box). Please forward your Notice of Appeal by registered mail to the clerk of The City of Saint John within fourteen (14) days after having been given the notice at the following address: Common Clerk's Office 15 Market Square, City Hall Building, 8h Floor P. O. Box 1971 Saint John, New Brunswick E2L 41, 1 Telephone: 506-658-2862 Telecopier: 506 -674 -4214 Notes: 1. A notice that is not appealed within fourteen (14) days after having been given the notice shall be deemed to be confirmed. 2013. Signature du proprietaire ou 1'occupant le L'appelant(s) a (ont) l'intention d'utiliser la langue frangaise ou anglaise (Veuillez cocher la case appropriee). Veudlez faire parvenir votre Avis d'appel par courrier recommande au secretaire de The City of Saint John dans les quatorze (14) jours qui suivent la notification de Vavis a Vadresse suivante : Bureau du greffier communal 15 Market Square, Edifice de 1'Mtel de ville, 8e etage Case postale 1971 Saint John (Nouveau- Brunswick) E2L 4L1 Telephone: 506 - 658 -2862 Telecopieur: 506- 674 -4214 Notes : 1. Un avis dont it West pas interjetd appel dans les quatorze (14) jours qui suivent la notification de F avis est reputee confirme. -3- 2. On an appeal, the Saint John Substandard Properties Appeal Committee shall hold a hearing into the matter at which the owner(s) or occupier(s) bringing the appeal has (have) a right to be heard and may be represented by counsel. 3. On an appeal, the Saint John Substandard Properties Appeal Committee may confirm, modify or rescind the notice or extend the time for complying with the notice. 4. The Saint John Substandard Properties Appeal Committee shall provide a copy of its decision to the owner(s) or occupier(s) of the premises, building or structure who brought the appeal within fourteen (14) days after making its decision. 5. The owner(s) or occupier(s) provided with a copy of a decision from the Saint John Substandard Properties Appeal Committee may appeal the decision to a judge of The Court of Queen's Bench of New Brunswick within fourteen (14) days after the copy of the decision was provided to the owner(s) or occupier(s) on the grounds that (a) the procedure required to be followed by the Municipalities Act was not followed, or (b) the decision is patently unreasonable. 2. LOTs d'un appel, le Comite d'appel des proprietes inferieures aux normes de Saint John doit tenir, sur le point en litige, une audience au cours de laquelle le(s) proprietaire(s) ou 1'occupant(s) qui interjette(nt) appel a (ont) le droit d'etre entendu(s) et peut(vent) se faire representer par un avocat. 3. Lors d'un appel, le Comite d'appel des proprietes inferieures aux normes de Saint John peut conformer, . modifier ou annuler 1'avis ou proroger le delai pour s'y conformer. 4. Le Comite d'appel des proprietes inferieures aux normes de Saint John doit fournir une copie de sa decision au(x) proprietaire(s) ou a 1'occupant(s) des lieux, du batiment on de la construction qui lui a(ont) interjete appel dans les quatorZe (14) fours suivant la date a laquelle it a rendu sa decision. 5. Le(s) proprietaire(s) ou 1'occupant(s) a qui une copie d'une decision a ete fournie par le Comite d'appel des proprietes inferieures aux normes de Saint John peut(vent), dans les quatorZe (14) jours qui suivent, inter eter appel de la decision devant un juge de la Cour du Banc de la Reine du Nouveau- Brunswick au motif que (a) la demarche a suivre en vertu de la Loi sur les municipalites n'a pas ete suivie, ou (b) la decision est manifestement deraisonnable. FORM 1 NOTICE TO COMPLY (Municipalities Act, R.S.N.B. 1973, c.M -22, s.190.01(3)) Parcel Identifier: 22186 Address: 49 and 51 Summer Street, Saint John, New Brunswick Owner(s) or Occupier(s): Name: Nunes, Kenneth Gabriel Address: 13440 235th Street, Maple Ridge, British Columbia, WR 2W3 Name: Nunes, Tracey Leanne FORMULE 1 AVIS DE CONFORMITE (Loi sur les municipalites, L.R.N. -B. de 1973, ch. M -22, par. 190.01(3)) Numbro d'identification de la parcelle : 22186 Adresse : 49 et 51, rue Summer, Saint John, Nouveau - Brunswick Proprietaire(s) on occupant(s) Nom: Nunes, Kenneth Gabriel Adresse : 13440 rue 235 e, Maple Ridge, Colombie- Britannique, V4R 2W3 Nom : Nunes, Tracey Leanne Address: 13440 235th Street, Maple Ridge, British Adresse : 13440 rue 235 c, Maple Ridge, Columbia, V4R 2W3 Colombie- Britannique, V4R 2W3 Municipality issuing notice: City of Saint John By -law contravened: Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, By- law Number M -30 and amendments thereto (the `By- law"). Provision(s) contravened: Paragraphs 190.01(1)(a)(d), 190.01(1.1) and 190.01(2) of the Municipalities Act, and amendments thereto. Description of condition(s): The building has become a hazard to the safety of the public by reason of being vacant or unoccupied and by reason of dilapidation. The conditions of the building and premises are described in Schedule "A ", a true copy of the inspection report dated May 27, 2013 prepared by Christopher McKiel and reviewed by Pamela Bentley, P. Eng., By -law Enforcement Officer. Remedy or remedies required: The owners are to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premises into compliance with the aforesaid By -law. In the event that the owners do not remedy the condition of the building and premises in the time prescribed by this Notice to Comply, the building may be demolished as the corrective action to address the hazard to the safety of the public and the premises may be cleaned up. In the event of demolition, all debris and items on the premises will be disposed of as the corrective action to address the hazard to the safety of the public. The aforementioned remedial actions relating to the demolition of the building and the disposal of debris and Municipality signifiant Pavis : City of Saint John Arrete enfreint : Arrete relatif aux lieux inesthetiques et aux bdtiments et constructions dangereux de Saint John, Arrete numero M -30, ainsi que ses modifications ci- afferentes (1' « Arrete »). Disposition(s) enfreinte(s) : Les paragraphes 190.010)(a)(d), 190.01(1.1) et 190.01(2) de la Loi sur les municipalites, ainsi que les modifications afferentes. Description de la (des) condition(s) : Le batiment est devenu dangereux pour la securite du public du fait de son inhabitation ou de son inoccupation et du fait de son delabrement. Les conditions du batiment et des lieux sont decrites a ]'annexe « A >>, une copie conforme du rapport d'inspection en date du 27 mai 2013 et prepare par Christopher McKicl et revise par Pamela Bentley, ing., une agente chargee de ]'execution des arret$s municipaux. Mesure(s) a prendre : Les proprietaires doivent restaurer les conditions en se conformant aux recotnmandations du rapport d'inspection susmentionne et d'amener le batiment et les lieux en conformites aver ]'Arrete. Dans 1'eventualite que les proprietaires ne remedient pas le batiment et les lieux dans le temps prescrit par le present avis de conformit6, le batiment pourra etre demolis comme mesure corrective compte tenu qu'il represente un danger pour la securite du public et les lieux pourront etre nettoyes. Dans 1'eventualite de demolition, tous les debris ct autres items sur les lieux seront disposes comme mesure corrective dans le but de remedier le danger pour la securite du public. Les mesures correctives susmentionnees relativement A la demolition du batiment ct la disposition des debris items on the premises do not include the carry -out clean- up, site rehabilitation, restoration of land, premises or personal property or other remedial action in order to control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. Date by which the remedy or remedies must occur: a) The demolition of the building, clean, -up of the Property and related remedies must be complete, or plans and permit applications for repair related remedies, must be submitted: within 60 days of being served with the Notice to Comply. b) The repair related remedies must be complete within 120 days of being served with the Notice to Comply. Date by which notice may be appealed: Within 14 days of being served with the Notice to Comply. Process to appeal: The owners may within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall — 8t' Floor, 15 Market Square, Saint John, New Brunswick, E2L 4L1. Potential penalty for non - compliance within specified time:2 Paragraph 190.03(1) of the Municipalities Act states that a person who fails to comply with the terms of the Notice to Comply given under Section 190.011 of the said Act, commits an offence that is punishable under Part 11 of the Provincial Offences Procedure Act as a category F offence. Where an offence under paragraph 190.03(1) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph 190.03(1.2)(b)(i). Municipality's authority to undertake repairs or remedy:3 Subparagraphs 190.04(l)(a), 190.04(1)(a.1) and 190.04(1)(b) of the Municipalities Act states that if a Notice to Comply has been given under section 190.011 of the said Act and that an owner or occupier does not comply with the Notice to Comply, as dcemed confirmed or as confirmed or modified by a committee of council or a judge under section 190.021 of the said Act, within the time set out in the Notice to Comply, the municipality may, cause the premises of that owner or occupier to be cleaned up or repaired, or cause the building of that owner or occupier to be repaired or demolished, and the cost of carrying out such work, including any related charge or fee, is chargeable to the owner or occupier and becomes a debt due to the et autres items sur les lieux ne eomprennent pas le nettoyage, la remise en etat des lieux, des terrains ou des biers personnels ou toute autre mesure corrective dans le but de contr6ler ou de rdduire, d'eliminer le deversement, de modifier le mode de deversement ou le deversement d'un polluant dans on sur Penvironnement ou toute partie de Penvironnement. Date it laquelle la ou les mesures doivent titre prisesi : a) La demolition du batiment et le nettoyage des lieux doivent titre completees, ou a laquelle les plans et demande de permis pour les mesures des r6parations, doivent titre soumises, dans les 60 jours qui suivent !a signification de Pavis de conformit6. b) Les r6parations relides aux mesures doivent titre completees dans les 120 jours qui suivent la signification de Pavis de conformite. Date it laquelle un appel de 1'avis peut titre depose: Dans les 14 fours qui suivent la notification de I'avis de conformite. Processus d'appel : Les propri6taires peuvent dans les 14 jours qui suivent la notification de 1'avis de conformite, envoyes un avis d'appel par courtier recommande au greffier communal de la municipalitd, A The City of Saint John, Edifice de 1'h6tel de ville, 8' etage, 15 Market Square, Saint John, Nouveau - Brunswick, E2L 4L I. Penalite possible pour non- conformite dans le delai prescrit2 : Le paragraphe 190.03(1) de la Loi sur les rnunicipalites prdvoit quiconque omet de se conformer aux exigences fortmulees dans un avis de conformite notifie aux termes de Particle 190.011 de ladite loi, commet une infraction qui est punissable en vertu de la Partie H de la Loi sur la procedure applicable aux infractions provinciales a titre d'infraction de la classe F. Lorsqu'une infraction prdvue au paragraphe 190.03(1) se poursuit pendant plus d'une journec, Pamende minimale qui peut titre imposee est Pamende minimale prevue par la Lai sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipliee par le hombre de jours pendant lesquels Finfraction se poursuit conformdment a l'alinda 190.03(1.2)(b)(i). Pouvoir de la municipalite d'entreprendre les reparations ou de prendre les mesures3 : Conformement aux alin6as 190 .04(1)(a), 190.04(l)(a.1) et 190.04(1)(b) de la Loi sur les municipalites, si un avis de conformitd a ete signifi6 aux termes de Particle 190.011 de ladite loi et, que le proprietaire ou I'occupant ne se conforme pas a eet avis de conformite dans le delai imparti et tel qu'il est r6put6 confu-me ou tel qu'il est confirme ou modifie par un comitd du conseil ou par un juge en vertu de Particle 190.021 de ladite loi, 1a municipalite peut faire nettoyer ou reparer les lieux de ce proprietaire ou de cet occupant ou de faire reparer ou d6molir la proprietd de ce proprietaire ou de cet occupant, et les frais relatifs a 1'execution de ces travaux, y compris municipality. Dated at Saint John the M day of May, 2013 Municipality: The City of Saint John Signature of Municipal Officer: Municipal Officer's Contact information: Name: Pamela Bentley, P.Eng. Mailing address:. Buildings and Inspection Services Department The City of Saint John 15 Market Square City Hall Building, 10"' Floor P. O. Box 1971 Saint John, New Brunswick E21, 4L1 Telephone: (506) 658 -2911 Telecopier: (506) 632 -6199 Email: Seal of Notes: L All appropriate permits must be obtained and all relevant legislation must be complied with in the course of carrying out the required remedial action. 2. Payment of the fine does not alleviate the obligation to comply with the by -law, standard or notice to comply. 3. Costs become a debt due to the municipality and may be added to the joint municipal and provincial Real Property Assessment and Tax Notice. toute redevance ou tout droit aff6rent, sont a la charge du propri6taire ou de l'occupant et deviennent une cr6ance de la municipality. Fait a Saint John le mai, 2013. Municipality: The City of Saint John Signature de la repr6sentante municipale: Coordounees de la representante muuicipale : Nom : Pamela Bentley, ing. Adresse postale: 136partement aux services d'inspection et des batiments The City of Saint John 15 Market Square Edifice de 1'h6tel de ville, 10e 6tage Case postale 1971 Saint John (Nouveau- Brunswick) E2L 4L1 T616phone : (506) 658 -2911 T616copieur : (506) 632 -6199 Courriel: pamela.bentley @saintjohn.ca Sceau de la municipality Notes : 1. Tous les permis prescrits doivent titre obtenus et toute la legislation pertinente doit We respectee, pendant 1'ex6cution de la mesure de recours. 2. Le paiement de 1'amende n'annule pas l'obligation de respecter l'arretd, la norme ou 1'avis de conformit6. 3. Les touts deviennent une dette envers la tnunicipalite et peuvent We ajout6s A 1'avis d'6valuation et d'imp6t foncier municipal et provincial. INSPECTION REPORT Schedule "A" 49 -51 Summer Street Saint John, New Brunswick PID# 22186 Inspection Date: May 2 and May 21, 2013 Inspector: Christopher McKiel Introduction I hereby certify that this document is a true copy of dw original. Dated at Saint John, Chip day of An inspection of the property noted that the building on the premise is open, vacant, unoccupied and dilapidated. The property has one structure; a three storey wood framed apartment building, which has been vacant since May of 2012. There are multiple unsecured points of access into the building including a side entrance which allows access to the entire building and open access to the basement and attached rear sheds. The premise has a large amount of debris, including couches, tires, broken glass, junk and other garbage materials. The interior of the building contains a large amount of mold and water damage. The building is a hazard to the safety of the public by reason of being vacant or unoccupied and by reason of dilapidation. Discussion The building is not in compliance with the Saint John Unsightly Premises and Dangerous y a and Structures By -law, "By-law"). By -law Number M -30, and amendments thereto (the "By- l Unsightly premise conditions Subsection 190.01(1) of the Municipalities Act states: No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises (a) any ashes, junk, rubbish or refuse. (d) a dilapidated building. 1. The premise contains a large amount of wood, tires, and couches which are combustible and may be used to initiate a fire on the premise. There are also sheets of plywood and other scrap wood, some of which contain protruding nails. 2. There is debris and garbage on the premise including couches, tires, cups, bags, one car battery, two shopping carts and a metal frame for a barbecue. 3. The paint on the north side of the building is peeling severely on both the wood siding and window frames. There are also several windows and doors on the ground level which are boarded up. The building and premise are unsightly. Vacant and Unoccupied Conditions Paragraph 190.01(1.1) of the Municipalities Act states: X�3., No person shall permit a building or structure owned or occupied by him or her to become a hazard to the safety of the public by reason of being vacant or unoccupied. The building is a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: 1. The building is currently vacant and has been since May of 2012; staff have been advised that the current owners have declared bankruptcy. There have been written notices to the owners issued on June 4, 2012, September 21, 2012, January 16, 2013, and February 4, 2013, from Building and Inspection Services, requiring that the building be made secured to restrict public access. Upon multiple inspections the building has still been found to be open and unsecured. The building is abandoned. 2. The building has been found to be open during periodic inspections. There are currently three points of access which are unsecured, there is a fourth point on the lowest deck which has been found to be unsecured upon prior inspections which would provide access to upper levels of the building. A building that has been left unsecured from public entry could attract vandalism, arson, mischief, or criminal activity and these activities could devalue properties in the area. Arson and criminal activity may cause property damage to adjacent buildings and may pose hazards to the safety of neighbourhood residents. There is a presence of combustible materials within close proximity to the building which could easily be used #o initiate a fire. The subject building is situated in a densely populated area and has neighbouring multi - family and single- family buildings in close proximity as well as a notable amount of pedestrian traffic. The impact of a fire event would be amplified due to the close proximity of surrounding homes increasing the potential for the fire to spread to other residences. 3. There are multiple windows that are either broken or open, as well as the unprotected openings to the basement and attached rear sheds, which are allowing the elements to enter the building. The interior inspection noted that the roof on the building was leaking in at least one location and has caused extensive water damage in all units. The leak is continuing to allow water into the building which is further accelerating the deterioration of the structure. 4. There is a concern for firefighter safety in the event of a fire. Since the building has been known to the public as vacant, it would be reasonable for firefighters to enter it in the event of a fire to check for people inside. The condition of the interior is unknown to firefighters, which poses a hazard to their safety and others who may be inside in the event of a fire. The power has been disconnected at the meter; however, the power line is still connected to the building which may cause a potential hazard in the event of a fire. 5. Where accessible at the attached rear sheds and basement, it can be seen that there are significant amounts of garbage in the rooms, including beer bottles, an old bench seat from a van, a couch, insulation falling from the ceiling, and two mattresses on the floor. These conditions can create tripping hazards to any person who may be entering the building; this could include those who may be trespassing or emergency responders. 6. Trevor Tompkins of the Saint John Fire Department representing the Fire Marshal, has provided a property report for the building at 49 & 51 Summer Street attached hereto as "Schedule B ". This report outlines the Saint John Fire Department's concerns with the building with regards to suspicious activity at the premise as well as the challenges associated with fighting a structure fire at this location. 2 Subsection 190.01(2) of the Municipalities Act states: No person shall permit a building or structure owned or occupied by him or her to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. The building is a hazard to the safety of the public by reason of being dilapidation for the following reasons: 1. The building is approximately 10m x 24m and the middle section of the building is showing a notable amount of settlement which is easily visible when looking at the north side of the structure. The interior inspection also showed consistent signs of settlement with sloping and uneven floors. There is a hole on the north side of the building in which the lath and plaster can easily be seen from the exterior and this is providing an access point for the elements to penetrate the structure and accelerate deterioration. 2. The roof overhang on the south side of the building above the decks is in deteriorated condition and the main wooden beam supporting the roof overhang shows a large crack. The supports for the roof overhang and the supports for each of the intermediate decks at each floor level are deteriorated due to rot. The stairs leading to the south side entry has no handrail or guards leading up to the landing. Both the stairs and deck are rotted and dangerous. These conditions are a danger to anyone who may climb the stairs or attempt to use the stairs to gain access to a nearby deck, for purposes of attempting entry to upper levels off the building. 3. An interior inspection of the building revealed significant water damage and leaking, which is originating from at least one leak in the roof. Because of water infiltration there is a large presence of mold throughout the building. Other damage as a result of the water includes lifting floor boards and one area of lath in the ceiling showing visible rot and deterioration. The large presence of mold poses a health hazard to anyone who may enter the building. 4. The stairs inside the south side entrance are rotted and dangerous. These stairs provide direct access to the upper units in the building and are a hazard to anyone who gains access to the building. 5. Inside one of the third storey units there were two holes in the floor which could pose tripping hazards to anyone who may enter the building. 3 Required Remedial Actions The owner must comply with one of the two options stated below: Option 1: Remedy the conditions of the building through all repair and remedial actions as follows: 1. The building must be completely repaired so it may become occupied while maintaining minimum standards as described by the Saint John Minimum Property Standards By -law and the Code. 2. The building must be maintained, kept secure, and monitored on a routine basis while the property remains vacant or unoccupied. I A detailed plan must be submitted to the Buildings and Inspection Services Department of the City of Saint John (the "Department ") for review and approval. This plan should also include a complete engineering report regarding the structural soundness of the building and any necessary repairs. The plan should also include a schedule for the work that is to be carried out. The repaired building must meet the National Building Code of Canada (2005) as well as other applicable codes. 4. The detailed plan, including schedules and any engineering reports, must be approved by the Department prior to commencing repair work. 5. A building permit must be obtained for any and all applicable work prior to commencing said work from the City of Saint John in order to comply with the Saint John Building By -law, By -law Number C.P. 101 and amendments thereto (the "Saint John Building By- law " }. 6. The premise must be cleared of all debris found on the property, including any and all rubbish that may be considered hazardous or unsightly. The debris from the premise must be disposed of at an approved solid waste disposal site, in accordance with all applicable by -laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. The premise must comply with all applicable by -laws, acts, codes and regulations. Option 2: Demolition of the building and cleanup of all debris on the premise by complying with all the remedial actions as follows: 1. The building must be demolished to remove the hazard to the safety of the public by reason of dilapidation and by reason of being vacant or unoccupied. 2. A demolition permit must be obtained from the City of Saint John in order to comply with the Saint John Building By -law. I The premise must be cleared of the debris from the demolition and the lot must be made reasonably level with grade so as to not create a tripping or falling hazard. All debris must be disposed of at an approved solid waste disposal site, and in accordance with all applicable by -laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 4. All debris that is currently on the premise must be cleared and disposed of at an approved solid waste disposal site, and in accordance with all applicable by -laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 5. The property must be in compliance with all applicable by -laws, acts and regulations. n Prepared by: Christopher Mckiel, EIT. Growth and Community Development Services Reviewed by: Pamela Bentley, P. Eng. Technical Services Engineer Growth and Community DeN Services MAY 2 �, zo► 3 Date ,Z z01� Date r._J0, (AGE p —L—of oaoo CITY OF SAINT JOHN, N.B. SAINT JOHN FIRE DEPARTMENT tp vao M6 goo° 45 LEINSTER STREET, SAINT JOHN, N.B. E2L 1 H9 PHONE (506) 658 -2962 — FAX (506) 658 -4557 Z�4HN Fm�4 BUILDING # Building Name: Street No. & Name PROPERTY REPORT Inspection Date:. 13 -04 -05 49 -51 Summer Street ..City: Saint John Prov. NB MAILING ADDRESS: Name: Ken & Tracey Nunes Street: tnunes@telus.net telus.net knunes aQsupnet Prov. Postal Code: T/OnN voey FORM # 06 -01 TYPe= 10 FPO # 4422 Apt. #/Suite: Postal Code: City: Tel. # roil # OF PAGES: 1— (INCLUDING ATTACHED DOCUMENTS) FIRE PREVENTION OFFICER: _Trevor Tompkins DATE: 13 -04 -05 i IL iWL & 51 Summer Street, Saint John, NB } _y ' Jo; I e x t: W&- 08 02 2013 r r - him s c py :4. I f ,L ■ 1 �� l t i 1 kk.1 I Sil +l I I wioo - s L L 7 M f` Val . Wl, ills I Mm mcm as1��i���r \SS z vJ �r2 f +� i . 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F -a4 .47 All P, REPORT TO COMMON COUNCIL M &C2013 -170 July 25, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: The C4 of Saint John SUBJECT: Transportation and Environment Services — 1 -Ton Truck Replacement BACKGROUND 1 -Ton 4- wheel - drive units are utilized in the winter for plowing and salting /sanding narrow roads and in the summer for transporting materials and personnel for asphalt, sidewalk, and stormwater maintenance activities. INPUT FROM OTHER SOURCES — MATERIALS MANAGEMENT Two (2) separate public tender calls were issued as follows: 1) Tender no. 2013- 232012T for the supply of two (2) 1 -Ton 4 -wheel -drive Regular Cab (Dual Rear Wheel) trucks was issued on June 24, 2013 and closed on July 10, 2013 with the following submission (excluding HST): COMPANY NAME TENDER PRICE EXTENDED PRICE PER VEHICLE Downey Ford Lincoln $55,424.00 $110,848.00 2) Tender no. 2013- 2320013T for the supply of one (1) 1 -Ton 4 -wheel -drive Extended Cab (Dual Rear Wheel) truck was issued on June 24, 2013 and closed on July 10, 2013 with the following submission (excluding HST): COMPANY NAME TENDER PRICE EXTENDED PRICE PER VEHICLE Downey Ford Lincoln $67,370.00 $67,370.00 Note: The vehicle price on this tender is higher given the inclusion of a portable sand and salt spreading unit which is mounted on this vehicle. 1 -Ton Truck Replacement Report to Common Council, M & C 2013 - 170 FINANCIAL IMPLICATIONS July 25, 2013 Page 2 If awarded as recommended, the cost to supply two (2) 1 -Ton 4 -wheel -drive Regular Cab (Dual Rear Wheel) trucks will be $110,848.00 plus HST and to supply one (1) 1 -Ton 4 -wheel -drive Extended Cab (Dual Rear Wheel) truck will be $67,370.00 plus HST. This is a planned expenditure for which funds are included in the 2013 Fleet Reserve Fund (as previously approved at Common Council's Committee of the whole meeting on October 26, 2012 (s12.7)). RECOMMENDATION It is recommended that Common Council award the tender for the supply of, 1. Two (2) 1 -Ton 4 -wheel -drive Regular Cab (Dual Rear Wheel) trucks at a price of $110,848.00 plus HST and 2. One (1) 1 -Ton 4 -wheel -drive Extended Cab (Dual Rear Wheel) truck at a price of $67,370.00 plus HST and further, that the Mayor and Common Clerk be authorized to execute any necessary contract documents. Respectfully submitted, Kevin Rice B. Sc., CET Deputy Commissioner Transportation and Environment Services W Commissioner Transportation and Environment Services J. Patrick Woo GA City Manager REPORT TO COMMON COUNCIL M &C -2013 -1.76 August 6, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Canada Hockey Excellence Building @ 125 Station Street BACKGROUND: The Canada Hockey Association (CHA) leases a 510 sq. in portion of City land upon which the former Canadian Hockey Association Hockey Centre of Excellence building is located. The CHA terminated the program in 2011, have vacated the premises and are interested in selling the building. The building also sits on a portion of land owned by CNR. The current Iease with the CHA expires December 15, 2016, does not generate ground rents however real property taxes on the building are collected. Recently a local broker has come forth with a conditional sale for the building. The conditions of sale include but may not be limited to the following; securing adequate ground rental agreements with the City and CNR, ensuring the current restrictive convent regarding a non — profit tenancy mandate is not an expectation of the City, ensuring adequate parking spaces can be secured from Harbour Station, and that the use is appropriate to the current zoning. The purchaser, through its broker, has offered the City ground rents of $2,160 per annum for the first five years of a 10 year lease which escalates to $2,400 per annum for the second five year term. These rents reflect the median year land rate for each term based on 3% inflation and an 8% capitalization rate. These land rates were based on the foundation which CNR established for ground rents expected for their portion of the ground lease required. The proposed tenant would have an option to renew for a second 10 year term on the same terms and conditions as the first term, however the rental rates shall be subject to Common Council approval. City Real Estate Services have, subject to Common Council's approval, negotiated a lease proposal agreement (copy attached) with Tri- Maritime Bus Network Inc. who wish to relocate their Saint John terminal from Cbesley Drive to this location. The lease proposal agreement reflects all of the conditions of the current Hockey Canada lease, except for: I ) Use of site (move to commercial use vs not for profit use), 2) Term of lease (move to 10 yrs + one 10 yr renewal vs 20 yrs + one 10 yr renewal), 3) Lease rates ( move to commercial rates vs not for profit), and 4) Property Taxes (move to tenant paying taxes on land & bldg. vs bldg. only). The proposed use as an intercity bus terminal is permitted under the existing Central Business (B3) zoning of this site. Staff and Harbour Station believe that the proposed use will be synergistic to Harbour Station and other proximate businesses. :i"1 City of Saint John Report to Common Council M &C 2013 -176 August 6, 2013 Page 2 The broker has advised and it has been confirmed by staff that the proponent will be able to secure the necessary parking spaces from Harbour Station to support the use and operation which is to be an inter -city bus station. CHA has executed a surrender of their existing lease, pending the City entering into a new land lease with the proposed purchaser of the building. Should the City be prepared to allow CHA to terminate its lease with the City and be prepared to enter into a new ground lease agreement with the proponent, a lease would be drafted that would not be executed by the City until the City Solicitor's office is satisfied that: 1) The tenant has a binding agreement with CNR for the CNR land beneath a portion of the building, 2) The tenant has a binding agreement with Hockey Canada for tenant's purchase of the building, and 3) The tenant has a binding agreement with Harbour Station for parking and ingress /egress to /from Station Street, and RECOMMENDATION: 1. That the City accept the Surrender of the Lease to Canadian Hockey Association dated 27 March, 1997 a copy of which is attached to M &C 2013 -176, and 2. That the City enter into a lease with Tri- Maritime Bus Network Inc. for lot 96 -1 as depicted on a plan of survey dated 10 September, 1996 (a copy of which plan is attached to this report) generally upon the terms and conditions set out on the Lease Proposal a copy of which is attached to M &C 2013 -176, and 3. That the Mayor and Common Clerk be authorized to execute the necessary documents. Respectfully submitted, Paul Wilson, BBA Real Estate Officer �y f� l` Gregory J. Y mans, CGA MBA Commissioner of Finance and Administrative Services Attachments (-rr � Manager Real Estate Services J. Patrick Woods, CGA City Manager PID 40048 SURRENDER OF LEASE This Indentare made this ) IJ day of (k _.-N u, , 2013_ SY AND BETWEEN: Canadian Hockey Assodation, having its registered office at Suite 201, 151 Canada. Olympic Road, SW Cslgary, Alberta T3B 6B7, a corporation under the laws of Canada, hereinafter called the "Less" OF THE ONE PART _and The City of Saint Jowl, having its head office at 15 Market Square, Saint John, New )Bmnswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly ofthe Province of New Brunswick, herdhafter called the ,rLmsor" OF THE SECOND PART VVIiEREAS the parties hereto are the Lessor and the Lessee of premises described in Schedule "A' of the Form A19 Lease between the parties dated March 27,1997 a copy of said Lease being attached hereto as Schedule `S "; WHEREAS the Lessee has agreed to surrender the said premises and Lease to the Lessor in order that its estate, term and interest therein may be merged and extinguished; NOW THEREFORE THIS INDENTURE WTrNESSETH that in consideration of the sum of One Dollar (51.00) of law£vl money of Canada paid by the Lessor to the Lessee, the receipt and sufficiency whereof is hereby acknowledged, the Lessee hereby assigns -and surrenders to the Lessor, its successors and assigns, the said premises and Lease to the intent that the imexpired residue of the demised term may merge and be extinguished, and the said Lessee for itseX it successors and assigns, hereby covenants with the Lessor, its successors and assigns, that it has good right, fail power and absolute authority to assign and surrender the said premises and Lease in the manner aforesaid and that it has not, at any time, done or executed any act, deed, matter or thing whereby the unexpired residue of the term is, shall or may in any wise be charged or encumbered. IN WITNESS WHEMF the parties have executed this surrender as of the day and year hereinbefore fast ^writbem SIGNED, SEALED & DELIVERED) in the presence of ) } Canadian Hockey Association Per. �C:t ` 'r Per. The City of Saint John Mayor Common Clerk Common Council Resolution: 2013 CANADA PROVINCE OF ONTARIO of the City of c in the Province Of Oata6e MAKE OATH AND SAY-. AItol4 1. THAT T am. the OF -0 of Canadian Hockey Association, the Lessee named in the foregoing instrument and have custody of the corporate se& of the said company and am duly authorized to make *U aff'i.davit. 2. THAT the seal affixed to the foregoing agreement and purporting to be the corporate seal of Canadiaa Hockey Association, is the corporate seal of the said Canadian Hockey Association, the Lessee named in the foregoing instr=cnt and it was affixed by the officer authorized to so affix the seal_ 3. THAT the signature " R4, ) - set and subscn-bed to The said insttlam eat is the signature of { h A). c 1. ul � o � the r Ci of Canadians. Hockey Association and the signature aA to " is my signature and as _ C C — and 0, E of Canadian Hockey Association we are duly authorized to execute the said went. 4. THAT the said document was executed as aforesaid at the City of o 44 ate`" in the Province of Ontario on the day of L,4 �, f_ , 2013. SWORN TO before me at the City of) _};Cti , in the Province ) cf Ontario, this '' day of ) 2013. ) Notary Pub -c } Province of 0 } Form A19 SOMME — LEASE Standard Forms of Conveyances Act, S.N.B. 1980, c. 5 -12, s,2 The parties to this lease are: The City of Saint John in the County of Saint John in the Province of New Brunswick, a body corporate by Royal Charter, the "lessor" -and - Canadian Hockey Association, a body corporate pursuant to the laws of Canada, the "lessee" The certified copy of the resolutions adopted by Common Council of the City of Saint John meeting February 26, 1996 and December 9, 1996 and the plan of survey dated September 10, 1996 attached hereto as Schedule "D" form part of this lease. The lessor leases to the lessee the premises described in Schedule "A" attached hereto on the following conditions: Duration: Twenty Years (20) Date of Commencement: December 15, 1996 Date of Termination: December 15, 2016 Rent: $1.00 per year Date of Payment: December 15th in each and every year of the term Place of Payment:. Cashier's Office, City Hall 15 Market Square, Saint John, N.B. This lease contains the covenants and conditions which are set out in: (a) the Leases Regulation - Standard Forms of Conveyances Act and set out in Schedule "B" attached hereto; (b) Schedule "C" attached hereto. Dated on March S ?-7'v , 1997. SIGNED, SEALED & DELIVERED in the presence of: L%l �ixZ. THE CITY OF SAINT JOHN a F11j, OMAN! ary . MY " rd, Common er Common Council Resolutions: February 26, 1996 and December 9, 1996. CANADIAN HOCKEY ASSOCIATION 4 SCHEDULE "A" All that certain lot piece and parcel of land in the City of Saint John in the County of Saint John, in the Province of New Brunswick being more particularly described as follows: Beginning at a point on the southeastern side of the Canadian National Railway Company property described in a deed filed in the Saint John County Registry Office as document #25206, volume I -4 at page 2. Said point having New Brunswick grid coordinate values of easting 334 253.997 and northing 664 238.620 metres. Thence northeasterly along an are of a curve to the left, said curve having a radius of eight hundred and ninety and zero hundredths metres (890. 00m) (chord equivalent being a distance of thirty two and forty seven hundredths metres (32.47m) measured on an azimuth of forty three degrees (43 °) twenty nine minutes (29') thirty seconds (30 ")), a distance of thirty two and forty seven hundredths metres (32.47m) to a point. Thence on a New Brunswick grid azimuth of forty two degrees (42 °) twenty six minutes (26') fifty seconds (50 ") continuing along the southeast side of the Canadian National Railway, Company property, a distance of eight and fifty nine hundredths metres to a point. Thence southwesterly on an azimuth of one hundred and thirty two degrees (1320) twenty four minutes (24') fifty seconds (50 "), a distance of twelve and twenty two hundredths metres (12.22m) to a point. Thence on an azimuth of two hundred and twenty two degrees (222 °) fifteen minutes (15') fifty seconds (50 "), a distance of forty one and zero hundredths metres (41.00m) to a point. Thence on an azimuth of three hundred and twelve degrees (312 °) ten minutes (10') fifty seconds (50 "), a distance of twelve and ninety four hundredths metres (12.94m) to the place of beginning. A tract of land containing an area of 510 square metres and being designated as Lot 96 -1 on a Plan of Survey, The City of Saint John property, (Former VIA Rail Station), Station Street, City of Saint John, Saint John County, New Brunswick prepared by Hughes Surveys & Consultants Ltd. on September 10, 1996 a copy of which is hereto attached. MEMO Column One 11. The Lessee shall pay rent 12. The Lessee shall maintain the premises in good repair 13. The Lessee shall permit the Lessor to inspect the premises. 14. The Lessee shall not alter the premises without the Lessor's consent. r SCHEDULE "B" Column Two 11. The Lessee covenants with the Lessor that the Lessee shall for the duration of this lease pay to the Lessor the rent hereby reserved on the days and in the manner herein set out without any deduction whatsoever. 12. The Lessee covenants with the Lessor that the Lessee shall for the duration of this lease maintain the demised premises in good and sufficient order and repair to the satisfaction of the Lessor, reasonable wear and tear and damage by fire, lightning, tempest and the like excepted. 13. The Lessee covenants with the Lessor that the Lessee shall permit the lessor, his servants, agents and employees at all reasonable times for the duration of this lease to enter upon the demised premises for the purpose of inspecting the state of repair or making such repairs as the Lessor may from time to time consider necessary. 14. The Lessee covenants with the Lessor that the Lessee shall not, without the prior written consent of the Lessor, place any building, erection, addition or improvement, other than trade fixtures, upon the demised premises, or alter the interior of the demised premises or any part thereof. 15. The Lessee shall use the 15. The Lessee covenants with the premises for agreed Lessor that the Lessee shall use the purposes only. demised premises only for the purpose or purposes agreed upon by the Lessor and Lessee. I 16. The Lessee shall not assign or sublet without the Lessor's consent. 17. The Lessee shall comply with all laws. 18. The Lessee shall deliver vacant possession upon termination of the lease. 20. The Lessee shall pay public utilities. MAN 16. The Lessee covenants with the Lessor that the Lessee shall not, without the written consent of the Lessor, which consent shall not be unreasonably withheld, assign, transfer, sublet or otherwise by any act or deed cause or permit the demised premises or any part thereof to be assigned, transferred or sublet unto any person or persons whomsoever. 17. The Lessee covenants with the Lessor that the Lessee shall promptly comply with and conform to the requirements of every federal and provincial statute, rule, regulation and ordinance, and every municipal by -law, rule, regulation, order and ordinance at any time or from time to time in force affecting the use or occupation of the demised premises or any part thereof by the Lessee. 18. The Lessee covenants with the Lessor that the Lessee shall upon the expiration or other sooner determination of this lease peaceably deliver to the Lessor vacant possession of the demised premises in the condition in which the Lessee is by this lease required to maintain the demised premises. 20. The Lessee covenants with the Lessor that the Lessee shall pay as they become due all charges for public utilities including electricity, gas, water, telephone and all other services provided by any public utility in connection with the occupancy of the demised premises. 23. 25. The Lessee shall provide public liability insurance. -3- 23. The Lessee covenants with the Lessor that the Lessee shall at his own expense take out and keep in force public liability and property damage insurance in the names of the Lessor and the Lessee for injury, death or property damage occurring in, or arising in connection with the operation of, the demised premises, with all inclusive coverage. The Lessee shall conduct his 25. business in a reputable manner. The Lessee covenants with the Lessor that the Lessee shall conduct his business in and use the whole of the demised premises in a reputable manner; a business practice by the Lessee whether through advertising, selling procedures or otherwise which in the opinion of the Lessor may harm the business or reputation of the Lessor or reflect unfavourably on the Lessor or other tenants of premises in the building, or which may confuse, mislead or deceive the public, shall immediately be discontinued by the Lessee at the request of the Lessor. 26. On breach of any covenant 26. In the event that the lessee is in the Lessor may recover all default of payment of any amount costs from the Lessee as required by this lease to be paid by rent. him, the Lessor may pay such amount on his behalf and recover that amount together with his reasonable expenses from the Lessee as rent, with all remedies incidental thereto as if that amount and expenses were included in the rent hereby reserved. emu`' 27. The Lessor may re -enter the premises on the insolvency of the Lessee. 28. The Lessor promises to the Lessee quiet enjoyment of the premises. 27. In the event that the rights of the Lessee under this lease are at any time seized or taken in execution or attachment by any creditor of the Lessee, or the Lessee makes an assignment for the benefit of creditors, becomes bankrupt or insolvent, or takes the benefit of any statute that may be in force for bankrupt or insolvent debtors, then the current month's rent, immediately become due and, the lease and term shall become forfeit and void and the Lessor may enter into and upon the demised premises, or any part thereof in the name of the whole, by force or otherwise as he may see fit, to have again, repossess and enjoy, as of its former estate, anything herein contained to the contrary notwithstanding. 28. The Lessor covenants with the Lessee that the Lessee, paying the rent hereby reserved and performing the covenants on his part to be performed, shall and may peaceably possess and enjoy the demised premises for the duration of this lease without any interruption or disturbance from the Lessor or any person lawfully claiming under him. 1 � ' 38. The Lessor is not 38. responsible for injury to person or property upon the premises unless due to the negligence of the Lessor. - 5 - The Lessor shall not in any event whatsoever be liable or responsible in any way for any personal injury or death that may be suffered or sustained by the Lessee or any employee of the Lessee or any other person who may be upon the demised premises or for any loss of or damage or injury to any property belonging to the Lessee or to his employees or to any other person which such property is on the demised premises, unless due to the negligence of the Lessor, his employees, agents or licensees. 41. Condonation, excuse or 41. Any condoning, excusing or overlooking of any default overlooking by the Lessor of any does not operate as waiver. default, breach or non - observance by the Lessee at any time or times in respect of any covenant, proviso or condition herein contained shall not operate as a waiver of the Lessor's rights hereunder in respect of any continuing or subsequent default, breach or non - observance, nor so as to defeat or affect in any way the rights of the Lessor. 46. The lessor may re -enter the premises upon non - payment of rent or other breach. 46. If and whenever the rent hereby reserved is not paid by the lessee and remains unpaid for a period of fifteen (15) days after any of the days upon which the same ought to have been paid, and whether or not any formal or other demand has been made therefor, or if the lessee is in breach of or in default under any of the lessee's covenants, conditions or agreements contained in this lease and such breach or default continues for fifteen (15) days after written notice thereof has been given by the lessor to the lessee without the lessee proceeding promptly and diligently to remedy such breach or default, then in any such case the lessor shall have the right to terminate this lease and, upon the exercise of such right, the lessor may terminate this lease and re -enter into and upon and take possession of and enjoy the demised premises, or any part thereof, in the name of the whole, as of the lessor's former estate. �; SCHEDULE "C" : 1. The lessor, for and in consideration of the rents, covenants, conditions and agreements, hereinafter reserved and contained, by and on the part of the lessee, its successors and assigns, to be paid, observed, performed and fulfilled, has demised and leased and by these presents does demise and lease unto the lessee its successors and assigns the lands shown on Schedule "A" attached hereto and forming part hereof hereinafter called the demised premises with all and singular the rights, members and appurtenances to the said demised premises belonging or in anywise appertaining to have and to hold the said demised premises above mentioned and intended to be hereby demised, with the appurtenances unto the said lessee, its successors and assigns, from the 15th day of December, 1996 for and during, and unto the full end and term of twenty years, thence next ensuing and fully to be complete and ended, yielding and paying therefor yearly and every year during the term unto the lessor, its successors and assigns the sum of $1.00 (Canadian Funds) on the 15th day of December in each and every year, the first payment thereof to begin and be made on December 15th, 1996, provided always and these presents are upon this express condition, that the building located on the demised premises is owned and used for not - for - profit purposes by the lessee and in the case of the breach or non - performance of any or either of the covenants, conditions or agreements herein contained, and by and on the part and behalf of the said lessee, its successors and assigns, to be observed and performed, then and in either of the said cases from henceforth and at all times thereafter, it shall and may be lawful to and for the lessor, its successors and assigns, without any formal or legal demand being first made or notice given to enter in to and upon the demised premises or any part thereof, in the name of the whole to re -enter and the same to have again, repossess, hold and enjoy as in their first and former estate, as if these presents had not been made, and the said lessee its successors and assigns, and all other occupiers of the demised premises, thereout and thence utterly to expel, put out and amove, this lease or anything herein contained to the contrary in any wise notwithstanding. 2. The lessor hereby gives to the lessee an option to renew this lease at the expiration hereof for a further term of ten (10) years upon such terms and conditions which shall be approved by Common Council at the time of renewal. 3. (a) Subject to the provisions of subelause (c) the lessee shall during the term of this lease pay and discharge as and when the same shall become due and payable all taxes, rates, levies, duties and assessments, general and special, ordinary or extraordinary, of every nature and kind whatsoever, including local improvement taxes, which shall during the term of this lease be levied, assessed or imposed by any competent authority attributable to the building upon the demised premises (save and except any taxes, rates, levies, duties or assessments relating to the income or corporation taxes of the lessor) and arising out of the use or occupation of the demised premises and the lessee shall, from time to time as the same are paid, at the request of the lessor, produce for inspection receipts or other reasonable evidence of payment of same. C�� (b) The lessor shall provide or cause to be provided to the lessee copies of all assessment notices and tax bills for the demises premises. (c) The lessee shall have the right and privilege, in its own name or in the name of the lessor, if acting in good faith, of contesting or appealing any assessment or of applying for a reduction of the amount of any tax, rate, levy, duty or assessment referred to in subelause (a). 4. The lessee shall, on the 1st day of June in each year during the term hereof and during any renewal, pay as rent to the lessor in lawful money of Canada an amount equal to the amount of money payable as real property tax levied and attributable to the building upon the demised premises under section 5(1) and 5(2) of the Real Property Tax Act, S.N.B., c. R -2 and payable by any owner thereof, other than a municipality during those years that the demised premises are assessed in the name of the lessor and such resulting taxes payable do not include an amount for the levy set out under Sections 5(1) and 5(2). 5. The lessee shall, at its own cost and expense, maintain and repair all public utilities provided to the demised premises and the building located thereon from the following points: (a) for electrical services from the underground vault located north of the demised premises adjacent to the sidewalk on the westwardly side of Station Street thence northwestwardly and southwestwardiy to the northeast limits of the demised premises and the building thereon; (b) for water supply from the water service valve located east of the demised premises adjacent to the sidewalk on the westwardly side of Station Street thence westwardly to the southeast limits of the demised premises and the building thereon; (c) for sewer services from the manhole located at the southeast corner of the demised premises thence northwestwardly to the southeast limits of the demised premises and the building thereon; (d) for telephone services from the underground vault located east of the demised premises adjacent to the sidewalk on the eastwardly side of Station Street thence westwardly and northwestwardly to the southern limits of the demised premises and the building thereon. 7r l ' �CIA J� / `A 4 c a 5X"-i' ac 36 O GO Doc 364973 vat. 1429 Pg, 17 / The City Of Saint John Property !!!! (Me,. amt` 2 he k 150 fronlo9e) c S" 336 191,164 /e 260:776 5.s IA334 2B2, 143 664 Legend hale in curb /J 263.586 q 7J1 S.S.V 1nR�atc. ., .. �. ,•6 ti� 9 i '��� 23B.62C '. / orb •�' 0� sP 664 //��o�c� CALC. PT. 333 1.d 1. C -0r anal, Po... Sl naa a s •Y Ro— 6 • ... ... ...... Sb••C U.. -0ralnel• kcnuarnl 333 "� ... .., aal•c.nl Pr aPUfy L1m N.6 LION f"S Q`< Roa - 90.00 664 �-1 N,LION. ti CT_ -32.n7 ® 4 stnnanra svrvr aaarl,•r rP�n4 N.B. MON C', -4" Ch. u. -43' ....... .. ... Iron PIP. fount 654 291.141 q � C ... .......... .... Trer•ne Oontral P•lnl . rn� .. .. rPUnaatlnn. .,. ac 36 O GO Doc 364973 vat. 1429 Pg, 17 / The City Of Saint John Property !!!! (Me,. amt` 2 he k 150 fronlo9e) Key PIOn Scbk 1 t5,O0C Registration Dato Grunt by 00c, '362613 Her u.jeaty Th. 0ueen V.I. 1429 Pg. 17 to Reg, June 11, 1SgO 1ha City Of Soint .John f I ) 1 2 OaIAliOl , " n 'aG. on1s 9 5o9r e . rNe _ B. Grid oximulhs derived I'll absevoian oA 3e 17 , 19326 w,d 19040 in malres e5[o convert Ic impa6ol egvivolents divide by O 3046 3 ) Arco of s—ey u,tliled th+ Gi . pe,pherpl inlormotict` mpiletl Ir[m upriaua a 4 ) All tlorumenl and plot` reterenCe3 refer to Registry 011ice 1m St John co"', t, Dale of IielE survey Mot 6, 1995 and Sept. 9. 1996 Porcel "A" f i See pW by 1{iefs(ead Sury ye Lta. dot•a July ly 6, 1987. !o _o " B 1200 Mo. 092543 @ 'Q ,G New Brunswick Grid Ca— Ordinole Volues Y 336 191,164 /e 260:776 5.s IA334 2B2, 143 664 Legend hale in curb /J 263.586 F.nc• 229.930 S.S.V 1nR�atc. ., .. �. ... slrac LUr• ' 23B.62C '. l,lr wlr. 665 200 / 276343 664 RY na l 6a rouna CALC. PT. 333 1.d 1. C -0r anal, Po... Sl naa a s •Y Ro— 6 • ... ... ...... Sb••C U.. -0ralnel• kcnuarnl 333 "� ... .., aal•c.nl Pr aPUfy L1m N.6 LION f"S 333 1p6ul olaa Cq-Or al.nole PFv 664 �-1 N,LION. uL,sltr Eae.n.n1 334 ® 4 stnnanra svrvr aaarl,•r rP�n4 N.B. MON fl .... ....... .. ... Iron PIP. fount 654 291.141 N.B. MON. ... .......... .... Trer•ne Oontral P•lnl . rn� .. .. rPUnaatlnn. .,. Key PIOn Scbk 1 t5,O0C Registration Dato Grunt by 00c, '362613 Her u.jeaty Th. 0ueen V.I. 1429 Pg. 17 to Reg, June 11, 1SgO 1ha City Of Soint .John f I ) 1 2 OaIAliOl , " n 'aG. on1s 9 5o9r e . rNe _ B. Grid oximulhs derived I'll absevoian oA 3e 17 , 19326 w,d 19040 in malres e5[o convert Ic impa6ol egvivolents divide by O 3046 3 ) Arco of s—ey u,tliled th+ Gi . pe,pherpl inlormotict` mpiletl Ir[m upriaua a 4 ) All tlorumenl and plot` reterenCe3 refer to Registry 011ice 1m St John co"', t, Dale of IielE survey Mot 6, 1995 and Sept. 9. 1996 Porcel "A" f i See pW by 1{iefs(ead Sury ye Lta. dot•a July ly 6, 1987. !o _o " B 1200 Mo. 092543 @ 'Q ,G New Brunswick Grid Ca— Ordinole Volues Y 336 191,164 664 260:776 5.s IA334 2B2, 143 664 769.517 hale in curb 334 263.586 684 229.930 S.S.V 334 253.997 654 23B.62C s.SIA. r38 334 276343 664 262175 CALC. PT. 333 6196e4 6 4.2 26 C.C. 333 5715 016 664 161.380 N.6 LION 333 961.140 664 332,294 N,LION. 334 a6s�196 663 396229 N.B. MON 334 807.298 654 291.141 N.B. MON. I Scole loctor Oppliad 1.000031 Plon Of Survey The City Of Saint John Property (Former VIA Roil Station) Station Street , City of Saint John , Saint John County , New Brunswick Cerlired Cor—t HuGHEs sURVEY5 .3r C.QN?V LTANTS LTD. Surveyed by - -at E w — Sept. 10, 7996 ,_ Johrf � OIVln ° e 8 New t1runs 8 16 ick L dd su" 3i 1:400 metres Lease Proposal 125 Station Street, Saint John, NB It is proposed that the City of Saint John lease land measuring 510 mz and designated as lot 96 -1, situated beneath a portion of the former Via Rail station building at 125 Station Street and being Illustrated on the plan herein attached and marked Schedule "I}" (hereinafter called " the Premises"), to Tri- Maritime Bus Network Inc. on the terms and conditions contained herein: 1. The terra of the lease shall be ten (10) years to commence on excecutlon by both lessee and lessor of the lease document provided for herein. (the "Term"). 2. Annual rent during the Term shall be as follows: 1 five (5) eats $2,168.40 2"0 five () ears _ $2,400.00 3. Payment of annual rent shall be made In advance one execution of the lease for the first year, and in advance on the anniversary date of the lease for all other years of the Term. See Section 1. of the Schedule C attached hereto. 4. Harmonized Sales Tax shall be in addition to rent. S. The lessee shall have the option to renew the lease for a further ten year term on the same terms and conditions contained herein save and except., a) there shall be no renewal provision in renewal term; and, b) annual rent rate shall be subject to Common Council approval, provided that the notice for the renewal Is delivered to the lessor, addressed to the attention of the Common Clerk, City of Saint John, PQ Box 1971, Saint John, 1N8,1=21. 41.1 no sooner than six (6) months prior to and no later than three (3) months prior to the renewal date, failing which, the option to renew the lease shall extinguish and all rights to the Premises shall cease at the end of the Term. �� �r ✓C-� <I � �� /°'+"'tom G� 6. Unless otherwise approved by the lessor, the see's use of the Premises shall be limited to an Inter city bus terminal and for no other purpose 7. The Premises shall be leased "as is ". The lessor offers no warranty as to its development potential, soil, or environmental conditions. 8. All site Improvements and site operations must comply with all applicable municipal, provincial or federal by -laws, acts or regulations; Failing which the lessor shall have cause to terminate the lease. 9. The lessee shall be responsible for all maintenance of the Premises Including its accesses and egresses. 10.The lessee shall pay all taxes, rates, levies and assessments charged against the Premises. 11,The lessee shall pay all real property taxes charged by the Province of New Brunswick against the Premises and all buildings and Improvements upon the Premises, and with the consent of the lessor, the lessee may at its own means and expense appeal the property tax assessment. The lessor will not unreasonably withhold such consent provided the lessee has paid in full all such real property taxes and levies outstanding, 12.The lessee shall indemnify and save harmless the lessor against all actions, expenses, claims and demands of any kinds on account of the non- performance of the covenants of the lessee in the lease; and the lessee agrees to indemnify, protect, defend and hold the lessor, its officers, employees and agents harmless from and against all claims, actions, losses, damages, costs, expenses and liabilities (except those caused solely by the wilful or negligent acts or omissions of the lessor), arising out of actual or alleged injury to or death of any person or loss of or damage to property in or upon the Premises. 13.The lessee must purchase and maintain a public liability insurance policy in the amount of $2 million with the City of Saint John added as an additional name insured. The policy must be subject to a cross liability clause and remain in effect during the term of the lease, failing which the lessor has the right to terminate the lease. 14. The lease shall be subject to the covenants or conditions numbered 11, 12, 13, 14, 15, 16, 17, 18, 20, 23, 25, 26, 27, 28, 38, 41, and 46 in Schedule B attached hereto. 15.The lease shall be subject to the covenants or conditions contained In the Schedule C attached hereto. 16,This Lease Proposal Is subject to Common Council approval. 17, Issuance of the Lease is conditional on lessor being satisfied, In Its sole discretion that; a) Lessee has a firm and final agreement with Canadian National Railways (CNR) for the portion of CNR land beneath a portion of the building, and b) Lessee has a firm and final agreement with Hockey Canada for lessee's purchase of the building, and c) Lessee has a fim7 and final agreement with Harbour Station for parking & Ingress /egress to/from Station Street, and d) Hockey Canada will surrender its current lease of the premises to the City. We, as signing officers of 70- Maritime Bus System Inc. hereby submit this Lease Proposal. TRi- MARITIME BUS NETWORK INC. Adam Doiron. C.E.O. Date: ' Date; . �LK_ t S 1 DiJI, rr�rr All that certain lot piece and parcel of land in the City of Saint John in the County of Saint John, in the Province of New Brunswick being more particularly described as follows: Beginning at a point an the southeastern side of the Canadian National Railway Company property described in a deed Bled in the Saint John County Registry ice as document #25206, volume I4 at page 2. Said point having New Brunswick grid coordinate values of easting 334 253.997 and northing 664 238.620 metres. Thence northeasterly along an arc of a curve to the Ieft, said curve having a radius of eight hundred and ninety and zero hundredths metres (890.00m) (chord equivalent being a distance of thirty two and forty seven hundredths metres (32.47m) measured on an azimuth of forty three degrees (43 °) twenty nine minutes (29') thirty seconds (30 ")), a distance of thirty two and forty seven hundredths metres (32.47m) W a point. Thence on a New Brunswick grid azimuth of forty two degrees (42 °) twenty six minutes (261) ftfty seconds (50 ") continuing along the southeast side of the Canadian National Railway, Company property, a distance of eight and fifty nine hundredths metres to a point. Thence southwesttrly on an azimuth of one hundred and thirty two degrees (132 ") twenty four minutes (24') fifty seconds (50 "), a distance of twelve and twenty two hundredths metres (12,22m) to a point. Thence on an azimuth of two hundred and twenty two degrees (222 °) fifteen minutes (15') fifty seconds (501), a distance of forty one and zero hundredths metres (41.00m) to a point, Thence on an azimuth of three hundred and twelve degrees (312 °) ten minutes (10') fifty seconds (50"). a distance of twelve and ninety four hun red dths metres (1294m) to the place of beginning. A tract of land containing an area of 510 square metres and being designated as Lot 96.1 on a Plan of Survey, The City of Saint John property, (Former VIA Rail St2tioa), Station Street, City of Saint John, Saint John County, New runswick prepared by Hughes Surveys & Consultants Ltd. on September 10, I996 a copy of which is hereto attached, OOhm 11. 12. 13. 14. 1s. SCHEDULE "H" Column One Column Two The Lessee shall pay rent 11. The Lessee covenants with the Lessor that the Lessee small for the duration of this lease pay to the Lessor the rent hereby reserved on the days and in the manner herein set out without any deduction whatsoever. The Lessee shall maintain 12. The Lessee covenants with the the premises in good repair. Lessor that the Lessee shall for the duration of this lease maintain the demised premises in good and sufficient order and repair to the satisfaction of the Lessor, reasonable wear and tear and damage by fire, lightning, tempest and the like excepted. The Lessee shall permit the 13. The Lessee covenants with the Lessor to inspect the Lessor that the Lessee shall permit premises. the lessor, his servants, agents and employees at all reasonable times for the duration of this lease to enter upon the demised premises for the purpose of inspecting the state of repair or making such repairs as the Lessor may from time to time consider necessary. The Lessee shall not alter 14. The Lessee covenants with the the premises without the Lessor that the Lessee shall not, Lessor's consent. without the prior written consent of the Lessor, place any building, erection, addition or improvement, other than trade fixtures, upon the demised premises, or alter the interior of the demised premises or any part thereof. The Lessee shall use the 15. The Lessee covenants with the premises for agreed Lessor that the Lessee shall use the purposes only. demised premises only for the purpose or purposes agreed upon by the Lessor and Lessee. QOL 16. 17 18. 20. -2- The Lessee shall not assign 16. The Lessee covenants with the or sublet without the Lessor that the Lessee shall not, Lessor's consent. without the written consent of the Lessor, which consent shall not be unreasonably withheld, assign, transfer, sublet or otherwise by any act or deed cause or permit the demised premises or any part thereof to be assigned, transfermd or sublet unto any person or persons whomsoever. The Lessee shall comply 17. The Lessee covenants with the with all laws. Lessor that the Lessee shall promptly comply with and conform to the requirements of every federal and provincial statute, rule, regulation and ordinance, and every municipal by -law, rule, regulation, order and ordinance at any time or from time to time in force affecting the use or occupation of the demised premises or any part thereof by the Lessee. The Lessee shall deliver 18. The Lessee covenants with the vacant possession upon Lessor that the Lessee shall upon termination of the lease. the expiration or other sooner determination of this lease peaceably deliver to the Lessor vacant possession of the dentised premises in the condition in which the Lessee is by this lease required to maintain the demised premises. The Lessee shall pay public 20. The Lessee covenants with the utilities. Lessor that the Lessee shall pay as they become clue all charges for public utilities including electricity,. gas, water, telephone and all other services provided by any public utility in connection with the occupancy of the demised premises. W 23. The Lessee shall provide public liability insurance, ..3_ 23. The Lessee covenants with the Lessor that the Lessee shat! at his own expense take out and keep in force public liability and property damage insurance in the names of the Lessor and the Lessee for injury, death or property damage occurring in, or arising in connection with the operation of, the demised premises, with all inclusive coverage. 25. The Lessee shall conduct his 25. business in a reputable manner. The Lessee covenants with the Lessor that the Lessee shall conduct his business in and use the whole of the demised premises in a reputable manner; a business practice by the Lessee whether through advertising, selling procedures or otherwise which in the opinion of the Lessor may harm the business or reputation of the Lessor or reflect unfavourably on the Lessor or other tenants of premises in the building, or which may confuse, mislead or deceive the public, shall immediately be discontinued by the Lessee at the request of the Lessor. 26. On breach of any covenant 26. In the event that the lessee is in the Lessor may recover all default of payment of any amount costs from the Lessee as required by this lease to be paid by rent. him, the Lessor may pay such amount on his behalf and recover that amount together with his reasonable expenses from the Lessee as rent, with all remedies incidental thereto as if that amount and expenses were included in the resit hereby reserved. F ISH 27 28. The Lessor may re -enter the 27, premises on the insolvency of the Lessee. -4- In the event that the rights of the Lessee under this lease are at any time seized or taken in execution or attachment by any creditor of the Lessee, or the Lessee makes an assignment for the benefit of creditors, becomes bankrupt or insolvent, or takes the benefit of any statate that may be In force for banlaupt or insolvent debtors, then the Current month's relit, immediately become due and, the lease and term shall become forfeit and void and the Lessor may enter into and upon the demised premises, or any part thereof in the name of the whole, by force or otherwise as he may see fit, to have again, repossess and enjoy, as of its former estate, anything herein contained to the contrary notwithstanding. The Lessor promises to the 28. The Lessor covenants with the Lessee quiet enjoyment of Lessee that the Lessee, paying the the premises. rent hereby reserved and performing the covenants on his part to be performed, shall and may peaceably possess and enjoy the demised premises for the duration of this lease without any interruption or disturbance from the Lessor or any person lawfully claiming under him. 38. The Lessor is not responsible for injury to person or property upon the premises unless due to the negligence of the Lessor. 41. Condonation, excuse or overlooking of any default does not operate as waiver -5- 38. The Lessor shall not in any event whatsoever be liable or responsible in any way for any personal injury or death that may be suffered or sustained by the Lessee or any employee of the Lessee or any other person who may be upon the demised premises or for any loss of or damage or injury to any property belonging to the Lessee or to his employees or to any other person which such property is on the demised premises, unless due to the negligence of the Lessor, his employees, agents or licensees. 41. Any condoning, excusing or overlooking by the Lessor of any default, breach or non- observance by the Lessee at any time or times in respect of any covenant, proviso or condition herein contained shall not operate as a waiver of the Lessor's rights hereunder in respect of any continuing or subsequent default, breach or non- observance, nor so as to defeat or affect in any way the rights of the Lessor. M 46. .6- The lessor may re -enter the 46. If and whenever the rent hereby premises upon non - payment reserved is not paid by the lessee of rent or other breach, and remains unpaid for a period of fifteen (15) days after arty of the days upon which the same ought to have been paid, and whether or not any formal or other demand has been made therefor, or if the lessee is in breach of or in default under any of the lessee's covenants, conditions or agreements contained in this lease and such breach or default continues for fifteen (15) days after written notice thereof has been given by the lessor to the lessee without the Iessee proceeding promptly and diligently to remedy such breach or default, then in any such case the lessor small have the right to terminate this lease and, upon the exercise of such right, the lessor may terminate this least and re -enter into and upon and take possession of and enjoy the demised premises, or any part thereof, in the name of the whole, as of the lessor's former estate. ��Si 1 SCHBOJILE w n 1. The lessor, for and in consideration of the rents, covenants, conditions and agreements, hereinafter reserved and contained, by and on the part of the lessee, its successors and assigns, to be paid, observed, performed and fulfilled, has demised and leased and by these presents dees demise and lease unto the lessee its successors and assigns the lands shown on Schedule "A" attached hereto and forming part hereof hereinafter called the demised premises with all and singular the rights, members and appurtenances to the said demised premises belonging or in anywise appertaining to have and to hold the said demised premises above mentioned and intended to be hereby demised, with the appurtenances unto the said lessee, its successors and assigns, from the day of . 2013 for and during, and unto the full term of ten years, thence next ensuing and fully to be complete and ended, yielding and paying therefor yearly and every year during the first five years of the term unto the lessor, its successors and assigns, the sum of $2,160.00 (Canadian funds) on the _day of in each and every year, the first payment thereof to begin and be made on the _ day of 3013, and during the second fire years of the term unto the lessor, Its successors and assigns, the sum of $2,400,00 (Canadian funds) on the day of In each and every year provided always and these presents are upon this express condition, that the building located on the demised premises is owned and used as an inter -city bus terminal by the lessee and in the case of the breach or non-performance of any or either of the covenants, conditions or agreements herein contained, and by and on the part and behalf of the said lessee, its successors and assigns, to be observed and performed, then and in either of the said cases from henceforth and at all times thereafter, it shall and may be lawful to and for the Iessor, its successors and assigns, without any formal or legal demand being first made or notice given to enter in to and upon the demised premises or any part thereof, in the name of the whole to re -enter and the same to have again, repossess, hold and enjoy as in their first and former estate, as if these presents had not been made, and the said lessee its successors and assigns, and all other occupiers of the demised premises, thereout and thence utterly to expel, put out and amove, this lease or anything herein contained to the contrary in any wise notwithstanding, 2. The lessor hereby gives to the lessee an option to renew this lease at the expiration hereof for a further tern of ten (10) years upon such terms and conditions which shall be approved by Common Council at the time of renewal. 3. (a) Subject to the provisions of subclause (c) the lessee shall during the term of this lease pay and discharge as and when the same shall become due and payable all taxes, rates, levies, duties and assessments, general and special, ordinary or extraordinary, of every nature and kind whatsoever, including local improvement taxes, which shall during the term of this lease be levied, assessed or imposed by any competent authority attributable to the demised premises and the building upon the demised premises .(save and except any taxes, rates, levies, duties or assessments relating to the income or corporation taxes of the lessor) and arising out of the use or occupation of the demised premises and the lessee shall, from time to time as the same are paid, at the request of the lessor, produce for inspection receipts or other reasonable evidence of payment of same, �i� and the building (b) 'The lessor shall provide or cause to be provided to the lessee copies of all assessment notices and tax bills for the demises premises and the building upon the demised premises (c) The lessee shall have the right and privilege, in its own name or in the name of the Iessor. if acting in good faith, of contesting or appealing any assessment or of applying for a reduction of the amount of any tax, rate, levy, duty or assessment referred to in subelause (a). $. The lessee shall, on the 1st day of June in each year during the terse hereof and II during any renewal, pay as rent to the lessor in lawful money of Canada an amount equal to the amount of money payable as real property tax levied and attributable to the demised premises i the demised premises under section 5(i) and 5(2) of the Real Property Tax Act, S.N.B., c. R -2 and payable: by any owner thereof, other than a municipality during those years that the demised premises are assessed in the name of the lessor and such resulting taxes payable do not include an amount for the levy set out under Sections 5(1) and 5(2). 5. The lessee shall, at its own cost and expense, maintain and repair all public utilities provided to the demised premises and the building located thereon from the following points: (a) for electrical services from the underground vault located north of the demised premises adjacent to the sidewalk on the westwardly side of Station Street thence northwestwardly and southwestwardly to the northeast limits of the demised premises and the building thereon, (b) for water supply from the water service valve located east of the demised premises adjacent to the sidewalk on the westwardly side of Station Street thence westwardly to the southeast limits of the demised premises and the building thereon; (c) for sewer services from the manhole located at the southeast corner of the demised premises thence northwestwardly to the southeast limits of the demised premises and the building thereon; (d) for telephone services from the underground vault located east of the demised premises adjacent to the sidewalk on the eastwardly side of Station Street thence westwardly and northwestwardly to the southern limits of the demised premises and the building thereon. ,w o�v i 667 30U. .T 1 e + I lI prb eY O 5 a o�0 4 tie CIP o � to h �3 "a \ 0 �d2^ r G Raa. -e90 LD Ch. -32.47 At. -43' 29' 30' ! V M1 OHO 1414 C.c. 664 259 4a \Q d Dos. 362873 Yet 1429 Pg. 17 The City Of Saint John Property (More than 2 he 4r 150 lronloga) . .... ............. _ _ _ .... .... TaGU la lee Ca -0re lnete Paln[ ... ... �L1111Y Eoaenanl Co— Ordinote 5lendor0 SuraaY Y4r�.r Fuuntl A ... .. ..... ... ....... v .e aen Lrol Fpint Fen . .... ... / ...... .. .. .. .. Legend Rmk, 33 / ... .. ... 6. n.4 250.276 S.S.W. yu.... _ SLru.lure 664 268.517 hole in curb Nr Lo'Pc i.4/ uin 11y 1ilr. 334 r _ 8 d Iron Bar Fovn4 C 1 Ioietl Cp-Qr tlkna la PaIrtL St..ftrA Sur Yorkar Placed S S. M. 0 334 C'j - N.9 L Ll ne {o- ardlna La Yonuernl Slra 664 �- -� ... ..... A4J o- cant Pr ay.r ly Llm . .... ............. _ _ _ .... .... TaGU la lee Ca -0re lnete Paln[ ... ... �L1111Y Eoaenanl Co— Ordinote 5lendor0 SuraaY Y4r�.r Fuuntl A ... .. ..... ... ....... v .e aen Lrol Fpint Fen . .... ... F. n ..... roueollon ...... .. .. .. .. .. . klala In Cencrc L. LHV Parcel " A" 94. plan by Ki —lead Spivey. tut, doled July 6, 1987 . t 250 tti O O 1 209 f Ap -NO-092543: G ♦' Pi Key Plan stale 1 1 15,000 Registration Data Gmnt by Oac. 362873 Her Mojesty The Oueen Yot, 1429 Pg. 17 to Rea. June 11, 1990. The City Of Saint Jobn 1 ) Directions are N. B. Grdd o2imuths derived horn obselnLim an N- V. Mans. 1959 , 3817 1 19328 and 19040 . 2 ) All oislonces are +n metres , to convert to imperial equivalents divide by 0.3048 3 } Areo eF survey outlined thus a . peripheroi inlormailon compiled Irom various eaurces . 4 } A4 document and plop references refs to Registry Office for Saint John County . 5 } Dote of field survey Mar. B, 1995 and Sept, 9. 1996 . New Brunswick Grid Co— Ordinote Values Ste. X Y Rmk, 33 334 291.164 654 250.276 S.S.W. 34 334 282.143 664 268.517 hole in curb 35 334 263.588 664 229.930 S S. M. 36 334 253.997 664 238.620 S.S M. 1403 334 276.343 664 262.175 CALL. PT. 1414 333 619.594 664 862.826 L.L. 1959 333 578.01E 664 162.360 N.B. MON. 3617 333 961.140 664 332.294 N.B. MON. 19328 334 066.196 663 396.729 N.B. MON. 19040 334 807.298 664 291.141 N.B. MON. Scale lector applied 1,000031 j Plan Of Survey The City Of Saint John Property (Former VIA Raii Station) Station Street , City of Saint John , Saint John County New Brunswick , Certified Correct HUGHES SURJEYS .& CANl3LTAN7'S L7D- Surveyed by ! - '�!�'_ Sapl 10, 1996 . Jofir °loin Dote 6 Noes Brun$ ick Ladd sar Y 3i 1:400 metres SAINT JOHN SAINT JOHN TRANSIT COMMISSION 55 MCDONALD STREET / 55 RUE MCDONALD SAINT JOHN, N.B. CANADA / SAINT JOHN, (N. -B.) CANADA E2J OC7 Your worship Mel Norton And members of Common Council City of Saint John PO Box 1971 Saint John, NB E21- 4L1 Dear Mayor Norton and Councillors: TRANSIT INFORMATION (506) 658 -4700 www,thinktransitcom GENERAL OFFICES (506) 658 -4710 FAX (506) 658 -4704 July 12, 2013 At the Saint John Transit Commission meeting of July 10, 2013, a staff report requesting Commission support for the enactment of "Yield to Bus" legislation in the provincial Motor Vehicle Act was endorsed. Currently, four provinces have enacted "Yield to Bus" legislation and copies of the specific legislation by province are attached for your consideration. For our bus drivers the re -entry into traffic from a bus stop is one of the most frustrating manoeuvres they are faced with on a continuous basis. It is also the source of most of the complaints received about bus drivers from other motorists based on the perception that the "bus cut me off" when it re- entered traffic. It is the opinion of the Commission that a request to the province for a legislative change in the Motor Carrier Act should come from the City of Saint John. Therefore, this letter is written to request that the City of Saint John endorse this "Yield to Bus" initiative and if endorsed to make a formal request to the province for legislative enactment of this provision in the Motor Vehicle Act. Thank you for your consideration of this matter. Yours Truly, I -�-� -4 Donna Reardon Chairperson CUTA —Yield to Bus Provincial Legislation Ontario Section 142.1 of the Highway Traffic Act Requirement to yield to bus from bus bay 142.1 1 Every driver of a vehicle in the lane of traffic adjacent to a bus bay shall yield the right of way to the driver of a bus who has indicated his or her intention, as prescribed, to re -enter that lane from the bus bay. 1994, c. 27, s. 138 (12). Bus not to signal until ready (2) The driver of a bus shall not indicate his or her intention to re -enter the lane of traffic adjacent to a bus bay until the driver is ready to re -enter traffic. 1994, c. 27, s. 138 (12). When bus must wait (3) No driver of a bus shall re -enter the lane of traffic adjacent to a bus bay and move into the path of a vehicle or street car if the vehicle or street car is so close that it is impractical for the driver to yield the right of way. 1994, c. 27, s. 138 (12). Regulations (4) The Lieutenant Governor in Council may make regulations for the purposes of this section, (a) defining bus and bus bay; (b) prescribing the manner in which a bus driver shall indicate his or her intention to re -enter the lane that is adjacent to a bus bay; (c) prescribing signs, signal devices and markings for bus bays; (d) prescribing the standards, specifications and location of the signs, signal devices and markings; (e) prescribing standards for operating and maintaining any signal devices prescribed under clause (c). 1994, c. 27, s. 138 (12). British Columbia Section 169.1 of the Motor Vehicle Act Yielding to bus 169.1 (1) Subject to subsection (2), the driver of a vehicle on a highway, on overtaking a bus that is stopped, standing or parked, must yield the right of way to the bus if (a) the bus displays a sign or other signal device requiring the driver of the vehicle to yield to the bus, and (b) the bus driver has signalled an intention to move into the travelled portion of the highway. (2) Subsection (1) applies if, at the point on the highway where the driver overtakes the bus, the applicable speed limit is not more than 60 km /h. (3) Despite subsection (1), a bus driver must not move a bus into the travelled portion of the highway unless it is safe to do so. (4) A sign or signal device referred to in subsection (1) (a) must not be displayed on any vehicle other than a bus that is (a) operated by or on behalf of (i) British Columbia Transit under the British Columbia Transit Act, or (ii) the South Coast British Columbia Transportation Authority under the South Coast British Columbia Transportation Authority Act, or (b) operated by or on behalf of a person, municipality or treaty first nation as part of an independent transit service approved by the South Coast British Columbia Transportation Authority under section 5 of the South Coast British Columbia Transportation Authority Act. http://www.bclaws,ca/EPL!brarie-s/bclaws new document if] freeside 96318 05 Nova Scotia Subsection 124A of the .Motor Vehicle Act Duty respecting transit bus 124A (1) In this Section, "transit bus" means a transit bus of a class prescribed by the regulations (2) The driver of a vehicle on a highway with a speed limit of sixty kilometres per hour or less shall yield the right of way to allow a transit bus that is stopped, standing or parked at or immediately adjacent to the edge of the roadway to enter the closest lane of traffic flow adjacent to the right -hand edge of the roadway if (a) the driver of the transit bus has signalled an intention to enter the lane of traffic; (b) the transit bus is displaying the signage prescribed by the regulations; and (c) yielding to the transit bus does not constitute an immediate hazard. (3) Subsection (2) does not apply to the driver of an emergency vehicle, as defined in Section 106D, when the emergency vehicle is exhibiting a flashing light. (4) Nothing in this Section relieves a driver of a transit bus from the duty to drive with due regard for the safety of all persons using the highway. (5) The Minister may make regulations (a) prescribing classes of transit buses for the purpose of this Section; (b) prescribing standards, specifications and locations of signs or signals for the purpose of this Section; (c) respecting any matter or thing the Minister considers necessary or advisable to carry out effectively the intent and purpose of this Section. (6) The exercise of the Minister of the authority contained in subsection (5) is regulations within the meaning of the Regulations Act. 2010, c. 63, s. 1. http://nslegislature.ca/legc/statutes/motorv.htm Quebec Highway Safety code 407. On a public highway where the maximum speed allowed is less than 70 km /h, the driver of a road vehicle must yield the right of way to a bus when the driver of the bus is flashing his turn - signal lights for re- entering the lane in which he was moving before he stopped. The obligation to yield the right of way applies only to drivers of road vehicles moving in the lane that the driver of the bus is about to re- enter. The driver of a bus must not flash his turn - signal lights until he is about to re -enter the lane, after ascertaining that he can do so in safety. J L REPORT TO COMMON COUNCIL 7 July 23, 2013 r 6." 4M \ His Worship Mayor Mel Norton And Members of Council 6oew The City of Saint John Your Worship and Fellow Councillors, SUBJECT: OPERATING RESULTS PROJECTION FOR 2012 AND 2013 BACKGROUND: The Finance Committee met with staff from Finance and Administrative Services on July 17, 2013 at 4 pm. The Finance Committee reviewed the 2012 draft operating results (before audit completion) and a review of the 2013 projected operating results forecasted from the April 2013 actuals. The purpose of this report is to provide Council with a high level review of these results. Currently the Finance Area requests reports back on their April, August and December results. These periods have been used in the past because it is when the operations of the organization are finishing one seasonal operation to moving into another. For purposes of the seasonal reports, Service areas are given approximately two weeks to analyze their operating results and present a report back to Finance of any significant variances from budget to date and a projection of the expected financial results at year -end. From the information completed, Finance would review and report back to the Finance Committee and then to Council the financial results as follows: Reportina Period Cut -off Date Winter Season Summer Season Year -end April 30 August 31 December 31 Report to Finance Committee /Council June /July October/November March/April Should questions arise from a specific service area or an operational question be presented it would be best to have the service area provide the response. In the future should a member of the Council like to speak with a specific service area or on a specific service that we coordinate this through the Finance Chair and Finance to ensure the appropriate employees are available or a response to the question is received. Operating Results Projection for 2012 and 2013 July 23, 2013 Page 2 RECOMMENDATION Upon completion of the presentation of these operating results I will move the following motion: That the operating results projection for 2012 and 2013 be received and filed. Respectfully submitted, Chair Finance Committee City of Saint John 2012 Budget to Actual (before audit) Revenues Residential Property Tax Unconditional Grant Protective Services Sports and Recreation Emergency Dispatch Administrative Support Permits Parking Rentals Other Total Revenues 2011 2012 2012 Approved Approved Actual before Budget Budget Audit 108,815,058 114, 5 04,447 114, 504,445 19,304,825 18,918,728 18,918,729 420,000 1,058,451 1,406,632 839,546 968,279 917,550 717,112 739,248 787,033 1,954,000 2,087,000 1,729,464 1,262,500 1,348,400 963,530 3,022,000 3,310,815 3,234,243 746,930 782,569 945,921 1,441,087 924,716 1,252,129 138,523,058 144, 642, 65 3 144, 659, 676 10,653,125 9,756,518 9,438,116 53,552,368 52,350,461 51,163,249 Transportation & Environment Service 36,248,131 35,802,596 34,664,533 Administrative 8,814,073 9,683,584 9,385,558 4,656,163 4,406,000 3,909,761 Legislated Services 3,063,672 2,665,593 2,941,348 Other Charges 1,535,525 294,77,-9-0-f 3, 0 ,562 Total Expenditures 138,523,058 144,642,653 145,111,127 General Fund Surplus (Deficit) Saint John Water 2012 Budget to Actual (before audit) Revenues Flat Rate Residential Metered Accounts Fire Protection Storm Sewer Other Total Revenues Drinking Water Industrial Water Wastewater Other Charges Total Expenditures Saint John Water Surplus (Deficit) - - (451,451) 2011 2012 2012 Approved Approved Actual before Budget Budget Audit 15,483, 991 16,065,000 15,966,808 16, 623,664 17,377,000 16,324,520 2,200,000 2,200,000 2,200,000 942,655 1,060,000 1,060,000 225,000 225,000 536,730 35,475,310 36,927,000 36,088,058 8,701,999 8,374,000 8,041,007 1,372,000 1,402,000 1,643,985 7,660,000 9,015,000 7,487,691 17,741,311 18,136,000 18,415,555 35,475,310 36,927,000 35,588,238 - - 499,820 City of Saint John 2012 2013 2013 2013 Projected Results Approved Approved Projected Service -Based Service -Based Service -Based Revenues Residential Property Tax 114,504,447 118,239,743 118,239,743 Unconditional Grant 18,918,728 18,579,923 18,579,923 protective Services 1,058,451 1,133,050 1,053,219 Sports and Recreation 968,279 884,583 897,518 Emergency Dispatch 739,248 781,912 781,912 Administrative Support 2,087,000 1,979,000 1,979,000 Permits 1,348,400 950,500 950,500 Parking 3,310,815 3,093,000 2,941,933 Rentals 782,569 1,104,619 973,604 Other 924,716 1,168,128 1,173,389 Total Revenues 144,642,653 147,914,458 147,570,741 'Growth & DevelopmentServices 9,756,518 10,582,118 10,431,689 Urban - nt Services Transportation 52,350,461 52,510,844 52,883,218 35,802,596 39,400,315 39,248,625 Administrative Services Strategic Services 9,683,584 9,888,634 9,322,963 4,406,000 4,684,843 4,576,232 ,Legislated Services 2,665,593 2,426,287 2,414,022 Other 29,977,901 28,421,417 27,846,124 Total Expenditures 144,642,653 147,914,458 146,722,873 General Fund Surplus (Deficit) - _ 847,868 Saint John Water 2013 Projected Results Revenues Flat Rate Residential Metered Accounts Fire Protection Storm Sewer Other 2012 Approved Budget 16,065,000 17,377,000 2,200,000 1,060,000 225,000 2013 Approved Budget 16,665,000 17,419,000 2,270,000 1,100,000 225,000 Total Revenues 36,927,000 37,679,000 Expenses Drinking Water 8,374,000 8,570,000 Industrial Wafer Wastewater Other Charges Total Expenditures Saint John Water Surplus ('Deficit) 1,402,000 9,015,000 1,566,000 8,992,000 18,136,000 18, 551, 000 36,927,000 37,679,000 2013 Year End Projection 16,665,000 17,419,000 2,270,000 1,100,000 596,721 38,050,721 8,815,027 1,728,709 8,900,274 18,370,147 37,814,157 236,564 I The [pity of Saint John August 12, 2013 Deputy Mayor and Councillors Subject: Appointment of Commissioner of Strategic Services The Committee of the Whole, having met on July 15, 2013, adopted the following resolution: RESOLVED that Committee of the Whole recommends that effective August 26, 2013, Mr. Neil Jacobsen is hereby appointed to the position of Commissioner of Strategic Services at Group 9 and Step C of the Management Pay Scale and pursuant to the management terms and conditions of employment including an entitlement for six weeks' vacation, Sincerely, Mel Norton Mayor 11 V-4 80O N'll' JC'N 9'_O. fk)x 1971 Sall) *, ►at, PX C P Palo EL 41.E C -P 1971 SNI U; hn, -'A JA 4.1.1 u. The City of Saint John August 12, 2013 Deputy Mayor and Councillors Subject: Appointment of Acting Deputy Common Clerk The Committee of the Whole, having met on August 12, 2013, adopted the following resolution: RESOLVED that Committee of the Whole recommends that Common Council appoint Patricia Anglin, Acting Deputy Common Clerk, which position is identified in the Municipalities Act by the title "Assistant Clerk ", pursuant to section 83 of the Municipalities Act, for a probationary period of up to one year beginning August 29th, 2013 at Group 5 Step A of the 2013 Management Salary Grid. Sincerely, Mel Norton Mayor SAINT JOHN P.O. Box 1971 Saint John, NS Canada E2L4L1 I m',wsain'.john.c i I C.P. 1971 Saint Jol in, N. -B. t: m2da E2L4L7 r --