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2014-05-12_Agenda Packet--Dossier de l'ordre du jour City of Saint John Common Council Meeting Monday May 12, 2014 Committee of the Whole 1. Call to Order Si vous avez besoin des services en français pour une réunion 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: th 4:00 p.m. 8 Floor Boardroom City Hall 1.1 Approval of Minutes 10.2(4) 1.2 Employment Matter 10.2(4)(j) 1.3 Financial Matter 10.2(4)(c) The City of Saint John Séance du conseil communal Le lundi 12 mai 2014 18 h Salle du conseil Comité plénier 1. Ouverture de la séance Si vous avez besoin des services en français pour une réunion de Conseil Communal, veuillez contacter le bureau de la greffière communale au 658-2862. Chacun des points suivants, en totalité ou en partie, peut faire l'objet d'une discussion en privé en vertu des dispositions prévues à l'article 10 de la Loi sur les municipalités. Le conseil/comité prendra une ou des décisions à cet égard au cours de la séance publique : e 16 h Salle de conférence, 8 étage, hôtel de ville 1.1Approbation du procès-verbal alinéa 10.2(4)b) 1.2Question relative à l'emploi alinéa 10.2(4)j) 1.3Question financière alinéa 10.2(4)c) Séance ordinaire 1. Ouverture de la séance, suivie de la prière 2. Approbation du procès-verbal 2.1 Procès-verbal du 28 avril 2014 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'intérêts 5. Questions soumises à l'approbation du conseil 5.1 Les Originaux Demande de fermeture de rues dans le cadre du festival d'art de Saint John (recommandation : accepter à titre informatif) 5.2 Lettre du port de Saint John Semaine maritime écologique (recommandation : approuver la proclamation et programmer la levée du drapeau) 5.3 Lettre du port de Saint John : Journées portuaires (recommandation : accepter à titre informatif) 5.4 Terrain pour planchodrome Rue Station (recommandation figurant au rapport) 5.5 Examen de la politique relative aux spécifications générales (sections 2 et 6) (recommandation figurant au rapport) 5.6 Examen des spécifications générales pour l'année 2014 (recommandation : accepter à titre informatif) 5.7 Lettre de l'Union des municipalités du Nouveau-Brunswick Adhésion (Recommandation : transmettre au directeur général) 5.8 Transfert d'un bien-fonds à Dykeman's Hardware Ltd. (recommandation figurant au rapport) 5.9 Soumission relative à la restauration des tranchées en béton destinées aux services publics Travaux de béton (recommandation figurant au rapport) 5.10 Réponse à la demande adressée par Hardman Group (recommandation figurant au rapport) 5.11 Remorque pour le nettoyage communautaire (recommandation figurant au rapport) 6. Commentaires présentés par les membres 7. Proclamation 8. Délégations et présentations 8.1 Services de transport et d'environnement Présentation de l'examen relatif à la prestation des services durables 9. Audiences publiques 10. Étude des arrêtés municipaux 10.1 Troisième lecture de l'Arrêté de zonage visant le 368, avenue Rothesay 10.2 Troisième lecture de l'Arrêté de zonage visant le 3636, chemin Westfield 10.3 Présentation publique Modifications relatives au projet d'adoption du nouvel Arrêté de zonage 11. Interventions des membres du conseil 12. Affaires municipales évoquées par les fonctionnaires municipaux 12.1 Démolition du bâtiment vacant, inoccupé, délabré et dangereux situé au 55, promenade Simpson 12.2 Ajustements au programme d'immobilisations du fonds des services d'aqueduc et d'égouts et du fonds d'administration 12.3 Services d'ingénierie : Modernisation du réseau d'égout pluvial du boulevard Fairville et du canal du ruisseau Manawagonish 12.4 Arrêté concernant les excavations dans les rues 12.4.1 Modification de l'Arrêté concernant les excavations dans les rues de The City of Saint John (première et deuxième lectures) 12.5 Contrat 2014-5 : Dixième étape du nettoyage et du revêtement de la conduite d'eau principale 12.6 Élimination du modèle de collecte des déchets solides en soirée (point reporté lors de la séance du 14 avril 2014) 13. Rapports déposés par les comités 14. Étude des sujets écartés des questions soumises à l'approbation du conseil 15. Correspondance générale 16. Ordre du jour supplémentaire 16.1 Destruction du bâtiment dangereux et peu solide situé aux 167-171, rue Prince William (NID 11486) 17. Comité plénier 17.1 Contrat relatif aux services de sauvetage avec Maritime Daytripping 18. Levée de la séance 98- COMMON COUNCIL/CONSEIL COMMUNAL APRIL 28, 2014/LE 28 AVRIL 2014 COMMON COUNCIL MEETING THE CITY OF SAINT JOHN CITY HALL April 28, 2014 - 6:00 P.M. Present: Deputy Mayor Shelley Rinehart Councillors Farren, Lowe, MacKenzie, McAlary, Merrithew, Norton, Reardon and Strowbridge Regrets: Mayor Norton and Councillor Fullerton - and - W. Edwards, Acting City Manager and Commissioner of Transportation and Environment Services; J. Nugent, City Solicitor; C. Graham, Comptroller; J. Hamilton, Commissioner of Growth and Community Development Services; K. Rice, Deputy Commissioner Municipal Operations; K. Clifford, Fire Chief; P. Anglin, Acting Deputy Common Clerk and R. Evans, Administrative Assistant. 1. Call To Order Prayer Deputy Mayor Rinehart called the meeting to order and Rev. D. McElhinney offered the opening prayer. 2. Approval of Minutes 2.1 Minutes of April 7, 2014 On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that the minutes of the meeting of Common Council, held on April 7, 2014, be approved. Question being taken, the motion was carried. 2.2 Minutes of April 14, 2014 On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the minutes of the meeting of Common Council, held on April 14, 2014, be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the agenda of this meeting be approved with the addition of item 17.1 Committee of the Whole: Recommended Appointments to Committees Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted reportThe City of Saint John v. Torch for Truth Tabernacle Inc. 60 Church Avenue, Saint John, N.B. (the "building") Parcel Identifier: 36632, Common Council authorize the Withdrawal of Judgment registered in the Land Titles Office in Saint John on the 14th day of February, 2013 as Number 32424690 respecting property identified by Parcel Identifier 36632, which property is also known as civic number 60 Church Avenue in the City of Saint 98- COMMON COUNCIL/CONSEIL COMMUNAL APRIL 28, 2014/LE 28 AVRIL 2014 John; and further that the Mayor and Common Clerk be authorized to execute the appropriate Withdrawal of Judgment form prescribed by the Land Titles Act, S.N.B. 1981, c. L-1.1. 5.2 That as recommended by the City Manager in the submitted report M&C 2014 52: Sale of former Vimy and Freedom Courts to Vimy Estates Inc.: 1. The City of Saint John enter into an Agreement of Purchase and Sale in the form as attached to M & C #2014-52 for the sale of two parcels of land (formerly Vimy and Freedom Courts), identified as being PID # 55221352 and 55221543, comprising a combined total area of 1,339 square metres +/-; and 2. That the Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction. 5.3 That as recommended by the City Manager in the submitted report M&C 2014 053: Proposed Public Hearing Date 350 Ashburn Road, Common Council schedule the public hearing for the Section 39 amendment application of Hughes Surveys & Consultants Inc. (350 Ashburn Road) for Monday, June 9, 2014 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 the letter from V. Matheson re Sink Hole be referred to the City Manager. On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. 6. Members Comments Council members commented on various community events. 7. Proclamation 7.1 Emergency Preparedness Week - May 4 -10, 2014 The Deputy Mayor proclaimed the week of May 4 -10, 2014 as Emergency Preparedness Week in The City of Saint John. 8. Delegations/Presentations 12.1 Asphalt Spreader Replacement On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that as recommended by the City Manager in the submitted report M&C 2014 54: Asphalt Spreader Replacement, Common Council approve the purchase of one (1) asphalt spreader at a price of $198,448.00 plus HST from J.A. Larue Inc. as per the City's RFP documents. Question being taken, the motion was carried. 12.2 Contract No. 2013-16: Millidgeville Stormwater Detention Pond Mr. Edwards commented that the bid came approximately $1,000,000 less than was budgeted for this project. On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the City Manager in the submitted report, Contract No. 2013-16: Millidgeville Stormwater Detention Pond be awarded to the low Tenderer, Debly Enterprises Ltd., at the tendered price of $3,982,866.93 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 98- COMMON COUNCIL/CONSEIL COMMUNAL APRIL 28, 2014/LE 28 AVRIL 2014 Question being taken, the motion was carried. 12.3 2014 Asphalt Pavements Work On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the City Manager in the submitted report M&C 2014 47: 2014 Asphalt Pavement Works be received for information. Question being taken, the motion was carried. 12.4 Contract 2014-1: Douglas Avenue (Bentley St to Clarendon St) Water, Sanitary and Storm Sewer Renewal and Lift Station Installation Mr. Edwards pointed out that the low bid was approximately $1,000,000 under budget and will go towards repairing other streets. On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the City Manager in the submitted report M&C 2014-56, Contract 2014-1: Douglas Avenue (Bentley Street to Clarendon Street) - Water, Sanitary and Storm Sewer Renewal and Lift Station Installation, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $2,134,957.53 (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. 12.5 Contact No. 2014-8: Asphalt Resurfacing 2014 On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the City Manager in the submitted report M&C 2014 49: Contact No. 2014-8: Asphalt Resurfacing 2014: 1. Contract No. 2014-8: Asphalt Resurfacing - 2014, be awarded to the low tenderer, Classic Construction (2012) Ltd, at the tendered price of $4,153,173.75 as calculated based upon estimated quantities; 2. That the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 12.6 Tender 2014-084901T - Reinstatement of Utility Cuts - Asphalt Work On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that as recommended by the City Manager in the submitted report M&C 2014-51, tender 2014-084901T: Reinstatement of Utility Cuts - Asphalt Work, be awarded to the low bidder meeting all tender requirements, NRB Construction Ltd., at the tendered price of $968,000.00 plus HST, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 12.7 Engineering Services: - Waterloo Street (Castle St. to Richmond St.) & Richmond Street (Waterloo St. to Prince Edward St.) - Street Reconstruction On motion of Councillor McAlary Seconded by Councillor MacKenzie 98- COMMON COUNCIL/CONSEIL COMMUNAL APRIL 28, 2014/LE 28 AVRIL 2014 RESOLVED that as recommended by the City Manager in the submitted report M&C 2014-46, the proposal from Crandall Engineering Ltd. for engineering services for the Waterloo Street (Castle Street to Richmond Street) & Richmond Street (Waterloo Street to Prince Edward Street) - Street Reconstruction, Project No. 2014-091501P (the "Project"), be accepted as follows: a) Detailed design and construction cost estimates are to be completed by Crandall Engineering Ltd. under the 2014 Capital Program, at a cost of $63,090.27, all applicable taxes included; b) Subject to Common Council's approval that the funding for the construction component of the Project will be included in the 2015 General Fund and Water & Sewerage Utility Fund Capital Programs, the remainder of the engineering services work for the Project is to be carried out by Crandall Engineering Ltd. after Common Council approval of the 2015 Capital Programs at a cost of $88,734.72, all applicable taxes included; and c) That the Mayor and Common Clerk be authorized to execute the Consulting Engineering Agreement. Question being taken, the motion was carried. 12.8 2014 Snow and Ice Control Budget Update On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the report M&C 2014-48: 2014 Snow and Ice Control Budget Update be received for information. Question being taken, the motion was carried. 9. Public Hearings 6:30 P.M. 9.1 Presentation to Council - 368 Rothesay Ave 9.1.1 Proposed Zoning ByLaw Amendment - 368 Rothesay Ave 9.1.2 Planning Advisory Committee Report Recommending Zoning ByLaw Amendment - 368 Rothesay Ave The Deputy Common Clerk advised that the necessary advertising was completed with regard to a- zoning a parcel of land having an area of approximately 284 square metres, located to the rear of 368 Rothesay Avenue, also identified as being a portion of PID Number to - with no letters of objection or support being received. Consideration was also given to a report from the Planning Advisory Committee th April 15, 2014 meeting at which the committee recommended the rezoning of a parcel of land located at 368 Rothesay Avenue as described above. The Deputy Mayor called for members of the public to speak against the amendment with no one presenting. The Deputy Mayor called for members of the public to speak in favour of the amendment with Rick Turner of Hughes Surveys and Consultants speaking on behalf of Brett Realty and he stated that they are in agreement with the recommendation from staff and the Planning Advisory Committee. On motion of Councillor Merrithew Seconded by Councillor McAlary RESOLVED that the by- Amend the Zoning By- Zoning Map of The City of Saint John, by re-zoning a parcel of land having an area of approximately 284 square metres, located to the rear of 368 Rothesay Avenue, also identified as being a portion of PID Number to - Industrial, be read a first time. 98- COMMON COUNCIL/CONSEIL COMMUNAL APRIL 28, 2014/LE 28 AVRIL 2014 Question being taken, the motion was carried. Read a first time by title, the by--Law of The On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the by- Amend the Zoning By- Zoning Map of The City of Saint John, by re-zoning a parcel of land having an area of approximately 284 square metres, located to the rear of 368 Rothesay Avenue, also identified as being a portion of PID Number to - Industrial, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by--Law of 9.2 Presentation to Council - 3636 Westfield Road 9.2.1 Proposed Zoning ByLaw Amendment - 3636 Westfield Road 9.2.2 Planning Advisory Committee Report Recommending Zoning ByLaw Amendment - 3636 Westfield Road The Deputy Common Clerk advised that the necessary advertising was completed with regard to a- zoning a parcel of land having an area of approximately 8050 square metres, located at 3636 Westfield Road, also identified as being a portion of PID Number 55063614, from -to - with no letters of objection or support being received. Consideration was also given to a report from the Planning Advisory Committee th , 2014 meeting at which the committee recommended the rezoning of a parcel of land located at 3636 Westfield Road as described above with Section 39 conditions. The Deputy Mayor called for members of the public to speak against the amendment with no one presenting. The Deputy Mayor called for members of the public to speak in favour of the amendment with Bob Darling of Darling Construction presenting. Mr. Darling stated that they are in agreement with the recommendation from staff and the Planning Advisory Committee. On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that the by- Amend the Zoning By- Zoning Map of The City of Saint John, by re-zoning a parcel of land having an area of approximately 8050 square metres, located at 3636 Westfield Road, also identified as being a portion of PID Number 55063614, from -to - Business, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by-law entitl-Law of The On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the by- Amend the Zoning By-amending Schedule Zoning Map of The City of Saint John, by re-zoning a parcel of land having an area of approximately 8050 square metres, located at 3636 Westfield Road, also identified as being a portion of PID Number 55063614, from -to - General Business, be read a second time. Question being taken, the motion was carried. 98- COMMON COUNCIL/CONSEIL COMMUNAL APRIL 28, 2014/LE 28 AVRIL 2014 Read a second time by title, the by--Law of 9.3 Presentation to Council - 11 Pickard Street 9.3.1 Proposed Zoning ByLaw Amendment - 11 Pickard Street 9.3.2 Planning Advisory Committee Report Denying Zoning ByLaw Amendment - 11 Pickard Street J. Cyr, Planner provided an overview of the proposed Zoning ByLaw Amendment at 11 Pickard Street. Referring to the submitted presentation, Mr. Cyr advised that the application supports the vision of Plan SJ. The Deputy Common Clerk advised that the necessary advertising was completed with regard to ant John, by re- zoning a parcel of land having an area of approximately 670 square metres, located at 11 Pickard Street, also identified as being PID Number 55173066, from - Two Family Residential to - with letters of objection and support being received. Consideration was also given to a report from the Planning Advisory Committee th , 2014 meeting at which the committee recommended denial of the rezoning of a parcel of land located at 11 Pickard Street as described above. The Deputy Mayor called for members of the public wishing to raise objections to the proposed amendment. Merle Hoben of 859 Manawagonish; Debbie Long of 24 Pickard Street; Jim Long of 24 Pickard Street; Lloyd Fitzpatrick of 17 Pickard Street; David Huestis of 15 Lloyd Street each appeared before Council and expressed the following views: new water and sewer lines required for the development would traverse some y lines due to a variance that may no longer be legal potential water drainage problems, water run-off, and flooding caused by the new development increased parking on street issues with snow removal in the winter possible problems with emergency vehicle access in winter lot size and height of building parking lot and garbage dumpster 4 unit dwelling would not be beneficial to neighbourhood The Deputy Mayor called for members of the public to speak in favour of the amendment. Brian Reed, the applicant, presented and made the following points: his applications for parking and building height variances were denied by PAC and therefore a revised property design was produced sewerage connections would come from Manawagonish Road and water connection from Pickard Street the proposed development would provide in-fill, increased property tax, and new public transit users if a satisfactory storm management plan cannot be devised then the proposed development would not proceed Responding to a question about the new site plan, the City Solicitor advised that the role of Council is to consider the provisions of zoning bylaw with respect to the subject property. The provisions of the bylaw would allow a number of configurations in the site plan. Staff members made the following comments: if a storm management plan could not adequately address water drainage issues, then the dwelling would not be built 98- COMMON COUNCIL/CONSEIL COMMUNAL APRIL 28, 2014/LE 28 AVRIL 2014 is on the rezoning aspect of the proposal and not the variances the proposed plan adheres to PlanSJ private garbage collection is not required with a 4 unit building the opportunity to impose a restriction on the storm water management plan would not exist if the proposal were a 1 or 2 family dwelling Councillor MacKenzie stated that he would not support the motion because he respects the decision of the Planning Advisory Committee. Councillor Reardon stated that she would not support this motion as she has concerns with the water issues and the breaking up of the lots in the neighbourhood. On motion of Councillor Merrithew Seconded by Councillor McAlary RESOLVED that the by- Amend the Zoning By- Zoning Map of The City of Saint John, by re-zoning a parcel of land having an area of approximately 670 square metres, located at 11 Pickard Street, also identified as being PID Number 55173066, from - to - Family Residential, be read a first time. Question being taken, the motion was defeated with Councillors Farren, Lowe, MacKenzie, Norton and Reardon voting nay. 9.4 Public Presentation - 11 King William Road A Public Presentation was given for a proposed amendment to the Municipal Development Plan which would re-designate, on Schedule A of the Plan, a parcel of land with an area of approximately 15.8 hectares, located at 11 King William Road, also identified as being PID Number 55159719, from Stable Area to Employment Area classification; and re-designate, on Schedule B of the Plan, the same parcel of land from Stable Residential to Light Industrial classification to permit a light industrial park. 10. Consideration of By-laws 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.9 2014 Fleet Replacement Program On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the City Manager in the submitted report 2014 Fleet Replacement Program, Common Council approve the acquisition of vehicle and equipment as identified in the submitted schedule 1 at a cost not to exceed $3,518,896 plus applicable taxes. Question being taken, the motion was carried with Councillor Farren voting nay. (Councillor Farren withdrew from the meeting) 12.10 2014 Service Based Budget - Final Adjustments On motion of Councillor McAlary Seconded by Councillor Norton RESOLVED that as recommended by the City Manager in the submitted report 2014 Service Based Budget - Final Adjustments, Common Council approve the final adjustments to the 2014 Service Based Budget. Question being taken, the motion was carried. 13. Committee Reports 13.1 Subdivision Application - 3 Water Street 98- COMMON COUNCIL/CONSEIL COMMUNAL APRIL 28, 2014/LE 28 AVRIL 2014 On motion of Councillor Reardon Seconded by Councillor MacKenzie RESOLVED that Common Council assent to the submitted photo-reduced Hughes Surveys & Consultants Inc. Subdivision Plan that would vest approximately 1,210 square metres of land as part of the Water Street public street right of way. Question being taken, the motion was carried. 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 North Star Holdings Letter re Developer Incentive On motion of Councillor Reardon Seconded by Councillor McAlary RESOLVED that the letter from North Star Holdings re Developer Incentive be referred to the City Manager to return back to Council in two months i.e. the end of June 2014, with a staff recommendation. (Councillor Farren re-entered the meeting) Question being taken, the motion was carried with Councillor Lowe voting nay. 16. Supplemental Agenda 17. Committee of the Whole 17.1 Committee of the Whole: Nominating Committee Recommended Appointments to Committees On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that as recommended by the Committee of the Whole, having met on April 28, 2014, Common Council make the following appointments to committees: PRO Kids : to appoint Raylene Rice, Jeffrey Kelley, and Natalie Hatt each for a three thth year term from April 28, 2014 until April 28, 2017. Trade and Convention Centre Oversight Committee : to appoint Eric Savoie for a 3 thth year term from April 28, 2014 until April 28, 2017. Question being taken, the motion was carried. 18. Adjournment The Deputy Mayor declared the meeting adjourned at 9:00 p.m. Deputy Mayor / mairesse suppléante Common Clerk / greffier communal April 30, 2014 Dear Mayor Mel Norton & Common Council City of Saint John P.O. Box 1971 Saint John, NB E2L 4L1 Dear Mayor Norton & Common Council, We are pleased to advise that Green Marine (www.green-marine.org) a voluntary environmental program for the Canadian and American marine industry, is holding their annual conference in Saint John from June 10-12, 2014. Port Saint John is a member of Green Marine and was the first Atlantic Canadian port to become a member in 2008 In attracting this conference to our city Port Saint John encouraged the organizers to co-incide the dates of their annual event with the own to further connect the importance of sustainable development in the marine sector to a week that now focuses heavily on trade and transportation growth as a key success factor for our region. Leaders in sustainable marine practices, researchers and scientists from around the continent will be in Saint John beginning on the final evening of Port Days (June 10) and continuing over the next two days. Their preliminary program is outlined on their website atwww.green-marine.org/annual-conference. At this time we would encourage Council to declare the week of June 8-14, 2014 as Marine in Saint John and also to fly from the official flag post of the City, Green flag. Port Saint John has a flag that you may use to carry this out. We would also ask if the Mayor would take part in an official flag raising in front of City Hall the morning of June 11, 2014. We trust that members of Common Council will appreciate the importance of welcoming these delegates to the Renaissance Port City and we look forward to hearing from you soon. Best regards, Jim Quinn President & CEO Registration & Breakfast 7 : 30 Welcoming address: Mel K. Norton, Mayor of Saint John 8 : 30 OPENING SESSION 8 : 45 Moderator: Jim Quinn, CEO, Saint John Port Authority Kurt Nagle, President & CEO, AAPA Paul MacIsaac, Senior VP, Halifax Port Authority Mario Girard, CEO, Quebec Port Authority 10 : 00 AIR EMISSIONS (shipowners)ENVIRONMENTAL CRISIS MANAGEMENT / 10 :30 COMMUNITY RELATIONS (ports) Gilles Morel, Canadian Fuels Association release Mark Gillan, Emergency Solutions International 12 : 00 PARTNERSHIPS AND COLLABORATION IN SUPPORT OF FINANCING SUSTAINAB 1:30 Peter Boyd, Carbon War Room Pace Ralli, Clean Marine Energy Ducks Unlimited & Irving Oil 3:00 t TECHNOLOGY FORUM 3:30 CERTIFICATION CEREMONY & DINNER 6:30 Mylène Paquette 7 : 30 8 : 15 Communicating sustainability WASTE MANAGEMENT (shipowners) CARBON WAR ROOM WORKSHOP (ports) 8:45 Peter Boyd, Carbon War Room Isabelle Curau, Ellio 10 : 00 PROTECTION OF MARINE ECOSYSTEMS PROMOTING SUSTAINABILITY IN PORTS 10 :30 (shipowners) Christina Wolfe, Environmental Defense Fund Smart Ocean-Smart Industries for Canada: Data Collection Paul Holthus, World Ocean Council 12 : 00 TRANSPORTATION OF OIL AND GAS : CHALLENGES AND SOLUTIONS 1:30 Jim Crandles, Port Metro Vancouver Closing Remarks 3:00 April 30, 2014 Dear Mayor Mel Norton & Common Council City of Saint John P.O. Box 1971 Saint John, NB E2L 4L1 Dear Mayor Norton & Common Council, We are pleased to enclose, for your information, details about this year's annual Port Days event which begins on Sunday, June 8, 2014 from 11 am to 3 pm with our annual Community Day. As you are aware Community Day grown in both steadily size and scope since its introduction at Port Days 2011. We trust that members of Council and residents of Saint John will again enjoy a day on our waterfront with our port and community stakeholders. Port Days 2014 has the theme of "Community. Connections. Commerce." and has several key partnerships bringing strength to the overall business program. In addition to regular Port Days programming there are some key new and unique features to this week which focus on sustainable trade, business and economic development which will impact our city, region and province for years to come. The program details and registration are now live at http://www.sjport.com/portdays/ On the evening of Monday, June 9th, we have partnered with New Brunswick's Economic Development Department to hold the New Brunswick Exporters Awards at the Marco Polo Cruise Terminal. This event will bring exporters from across the province together to celebrate the success of New Brunswick business. For your further information, the New Brunswick Exporters Awards are being held concurrently to the Canadian Manufactures & Exporters Symposium (June 9-11). This three-day event is organized by Canadian Manufacturers & Exporters Association and is offering workshops on international supply chains, global market awareness and the Canadian European Trade Agreement in conjunction with Port Days events. This is the first year these workshops are being hosted in Saint John and the event is expected to attract many New Brunswick-based manufacturers and exporters. Port Days programming resumes on Tuesday, June 10th with an opening breakfast with remarks from Premier David Alward and Mayor Mel Norton followed by a distinguished business panel (details attached) and a keynote luncheon which is also a Saint John Board of Trade Distinguished Speaker Series event. The luncheon features Francois Poirier, President, Energy East Pipeline Project. Later that evening Port Days annual Seafood Fiesta will provide the perfect celebration to bring all of these partners together to network with new and renewed business contacts and community leaders from across the region. We look forward to seeing members of Council at the various events of Port Days 2014 as we celebrate trade and commerce in the Renaissance Port City. Best regards, Jim Quinn President & CEO 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 REPORT TO COMMON COUNCIL OPEN SESSION M & C 2014 067 th May 9, 2014 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT Demolition of the structurally unsound and dangerous building at 167-171 Prince William Street (PID #11486) BACKGROUND The building at 167-171 Prince William Street (PID # 11486) is a large three-storey masonry building, which has been deemed to be a hazard to the safety of the public due to unsoundness of structural strength. This building is in a dense urban area of the Uptown, and is in close proximity to a neighbouring commercial establishment, an adjacent privately-owned parking lot and an adjacent mixed use commercial/residential building. The property is a designated heritage property in the Trinity Royal Heritage Conservation Area. Inspections conducted by Staff at the subject building found major structural issues which pose a hazard to public safety. The masonry of the left side wall at the rear left corner of the building has shifted, creating a vertically oriented opening in the wall approximately 50mm in width. The crack in the masonry extends from just below the roof line to approximately the floor level of the second storey. The integrity of the structure at the corner of the building is compromised as the structural bond between the left wall and the rear wall appears to have been broken, therefore removing the ability of the side and rear wall to share loading and to stabilize the structure. There is an extensive vertical crack at the rear right corner of the building that extends at least two full storeys upward from the foundation. Such cracks indicate that the connection between the exterior walls at the corner may have been severed leaving the structure in a weakened condition, unable to adequately transfer imposed loads.A large portion of the wall of the second storey adjacent to the parking lot is bulged outward. There is evidence of extensive water infiltration in the building. The s conditions are outlined in greater detail in the attached inspection report and Notice to Comply. th M & C 2014 - 067 - 2 - May 9, 2014 For the reasons described in the inspection report, a Notice to Comply was issued on February 13, 2014 and posted to the front door of the building on the same day. The Certificate of Registered Ownership for the property lists Queen City Properties and Development Ltd. as the registered owner. Personal service of the Notice upon the director of Queen City Properties and Development Ltd. was carried out on February 21, 2014. Discussions with the director of Queen City Properties and Development Ltd. did not result in any remedial actions or a plan to repair the building. The notice required compliance within 60 days of service; compliance was therefore required by April 22, 2014. A compliance inspection was conducted on May 1, 2014 which found no changes to the conditions which gave rise to the notice. In February 2014, Staff notified neighbouring property owners by letter of the unsafe condition of the building at 167-171 Prince William Street, noting in particular the unstable upper rear corner of the building and the risk to public safety. Three owners with properties on Water Street at the rear of the subject building were also notified that it would be prudent to keep the paved lot behind the building free of parking, storage and dining use until the unsafe conditions have been remedied. The letter (attached), also advised that a Notice to Comply had been issued for the building and that enforcement action is being pursued. Attis the Notice to Comply, an affidavit attesting to the s posting as well as an affidavit attesting to service of the Notice on the director of Queen City Properties and Development Ltd. 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 provids structural unsoundness, dilapidation and resulting hazard to the safety of the public. It is also worthy to note that the property is a designated heritage property and is subject to the Saint John Heritage Conservation Areas By-Law; however, the conditions at the property pose a danger to public safety, therefore section 16 of the Saint John Heritage Conservation Areas By-Law applies, which states: Nothing in this by-law shall be construed so as to affect the demolition of any building that Common Council has found, under the by--law Respecting Dangerous or Unsightly Premises within the City of Saint Joh dangerous. th , 2014, Building Inspector, Amy Poffenroth, notified the Board that a Notice to Comply, pursuant to the Unsightly Premises and Dangerous Buildings and Structures By-law, had been issued to Queen City Properties and Development Ltd., for the building at 167-171 Prince William Street. th M & C 2014 - 067 - 3 - May 9, 2014 Recognizing that a demolition of the subject building would be unusually complex due to the site and building conditions, Staff engaged the engineering consulting services of exp. Services Inc. (exp.) to: (1) perform an independent review of the structural integrity of the building and (2) prepare a detailed demolition plan that would be used to direct a contractor(s) in the safe execution of On May 8, 2014, exp. conducted a visual structural assessment of the building and provided a report on its In summary, the report indicates that conditions, portions of the structure could collapse, that a potential life safety issue exists, and recommends that the City take immediate action to mitigate the life-safety issue. The next step is for Staff to work with the consultant to have the demolition plan prepared. 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. Due to the complexity of the demolition and the site conditions and given that a demolition plan is not yet in place, Staff can only estimate at this point that the demolition cost could be in excess of $150,000. Staff will have a better understanding of the costs and how long a demolition would take once the demolition plan has been completed. Staff will seek competitive bidding in accordance with the he cost of the work will be billed to the property owner. If the bill is left unpaid, an application for cost reimbursement will be submitted to the Minister of Finance for the Province of New Brunswick. 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 167-171 Prince William Street, PID #11486 and cleanup of the premise. All work will be carried out in accordance with the applicable City purchasing policies. Respectfully submitted, Christopher McKiel, MIT Technical Services Officer Growth and Community Development Services th M & C 2014 - 067 - 4 - May 9, 2014 Amy Poffenroth, P.Eng., MBA Building Inspector & Deputy Commissioner Growth and Community Development Services Jacqueline Hamilton, MURP, MCIP, RPP Commissioner Growth and Community Development Services Patrick Woods, CGA City Manager Photo 1 Photo 2 Photo 3 Crack Viewed From Exterior Photo 5 Photo 4 Photo 5 Photo 6 Southwest Corner Photo 7 Enlargement of Photo 6 Top Corner Photo 8 Photo 9 Photo 10 Photo 11 Photo 12 Photo 13