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2015-03-16_Agenda Packet--Dossier de l'ordre du jour
r. City of Saint John Common Council Meeting AGENDA Monday, March 16, 2015 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plaft 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 Minutes of March 2, 2015 2 - 9 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Citizen Letters regarding NB Museum Expansion (Recommendation: Receive for Information) 5.1.1 Barb & Emery Whalen Letter - NB Museum Expansion 10-10 (Recommendation: Receive for Information) 5.1.2 Donna Briggs Letter of Opposition - NB Museum Expansion 11 -12 (Recommendation: Receive for Information) 5.1.3 Nature Trust of New Brunswick - NB Museum Expansion 13-14 (Recommendation: Receive for Information) 5.1.4 B. Grew Letter of Support for NB Museum Expansion 15-15 (Recommendation: Receive for Information) 5.1.5 M. Colpitts - Letter of Support for NB Museum Expansion 16-17 (Recommendation: Receive for Inforemation) 1 Powered BY: XRIBE 5.2 2015 Spring Debenture Issue (Recommendation in Report) 18-20 5.3 Engineering Services - Exmouth St. (Richmond St. to Brunswick Dr.) and 21 -24 Golding St. (Waterloo St. to Bayard Dr.) - Street Reconstruction (Recommendation in Report) 5.4 Contract No. 2015 -08 - 1500MM Diameter Raw Water Transmission Main Pipe 25-26 Repair (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 National PROBUS Month - March 2015 27-27 8. Delegations / Presentations 9. Public Hearings - 6:30 p.m. 10. Consideration of By -laws 10.1 Third Reading Zoning ByLaw Amendment - 1480 Red Head Road 28-29 10.1.1 Section 39 Conditions - 1480 Red Head Road 30-30 10.2 Third Reading Zoning ByLaw Amendment - 1680 -1690 Red Head Road 31 -32 10.2.1 Sec 39 Conditions - 1680 -1690 Red Head Road 33-33 10.3 Third Reading ByLaw Amendment Respecting the Construction, Repair and 34-35 Demolition of Buildings and Structures in The City of Saint John 10.4 Third Reading Traffic ByLaw Amendment re Speed Limits in School Zones 36-38 10.5 Public Presentation - 170 Ashburn Lake Road 39-73 11. Submissions by Council Members 11.1 Readiness to Respond to an Oil Train Derailment (Councillor Merrithew) 74-74 11.2 City Lights Upkeep (Mayor Norton) 75-75 12. Business Matters - Municipal Officers 12.1 Demolition of the Vacant, Dilapidated, Abandoned, and Hazardous Buildings at 76-97 302 Germain Street (Recommendation in Report) 12.2 Demolition of the Vacant, Dilapidated, Structurally Unsound, Abandoned, and 98-118 Hazardous Buildings at 300 Germain St (Recommendation in Report) 12.3 Winter Management Plan - Priority 4 Streets 119-122 1 13 14 15 16 17 18 12.4 The Canadian Radiocommunications Information and Notification Service 123-154 (CRINS) Committee Reports Consideration of Issues Separated from Consent Agenda General Correspondence Supplemental Agenda 16.1 2015 General Capital Budget 155-165 16.2 2015 Agreement with Fortis Properties for Cleaning and Security Services for 166-174 Chipman Hill and City Market Pedways 16.3 Acquisition of Easement for Municipal Services Civic #700 Fairville Boulevard 175-177 (Kent Store) 16.4 Contract 2014 -20: Colpitts Avenue - Wastewater Lift Station Upgrades 178-179 16.5 Proposed Traffic ByLaw Amendment - Residential Parking Permit Fee Increase 180-182 16.6 Proclamation: March 2015 National Engineering Month 183-183 Committee of the Whole 17.1 Former Reversing Falls Restaurant Building - Proposed Demolition 184-184 Adjournment 3 City of Saint John Common Council Meeting Monday, March 16, 2015 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une reunion 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: 4:00 p.m. 8th Floor Boardroom City Hall 1.1 Approval of Minutes 10.2(4) 1.2 Employment Matter 10.2(4)0) 1.3 Financial Matter 10.2(4)(c) 1.4 Financial Matter 10.2(4)(c) 1.5 Land Matter 10.2(4)(d) 1.6 Employment Matter 10.2(4)0) The City of Saint John Seance du conseil communal Le lundi 16 mars 2015 18 h Salle du conseil Comit6 plenier 1. Ouverture de la seance Si vous souhaitez obtenir des services en franrais pour une r6union du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658 -2862. Chacun des points suivants, en totalit6 ou en partie, peut faire Pobjet d'une discussion en priv6 en vertu des dispositions pr6vues a Particle 10 de la Loi sur les municipalWs. Le conseil ou le comit6 prendra une ou des d6cisions a cet &gard au cours de la s6ance publique : 16 h Salle de conf6rence, 8e Rage, h6tel de ville 1.1 Approbation du proc&s- verbal — paragraphe 10.2(4) 1.2 Question relative a 1'emploi — alin6a 10.2(4)j) 1.3 Question financi&e — alin6a 10.2(4)c) 1.4 Question financiere — alin6a 10.2(4)c) 1.5 Question relative aux biens -fonds — alin&a 10.2(4)d) 1.6 Question relative a 1'emploi — alin6a 10.2(4)j) Seance ordinaire 1.Ouverture de la seance, suivie de la priere 2. Approbation du proces- verbal 2.1 Proc6s- verbal de la s6ance tenue le 2 mars 2015 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a Papprobation du conseil 5.1 Lettres de citoyens au sujet de Pagrandissement du Mus6e du Nouveau - Brunswick (recommandation : accepter a titre informatif) 5. 1.1 Lettre de Barb et Emery Whalen concernant Pagrandissement du Mus6e du Nouveau - Brunswick 5.1.2 Lettre de J. Pearce s'opposant a 1'agrandissement du Mus6e du Nouveau - Brunswick 5.1.3 Fondation pour la protection des sites naturels du Nouveau - Brunswick — Agrandissement du Mus6e du Nouveau - Brunswick 5.1.4 Lettre de B. Grew appuyant 1'agrandissement du Mus6e du Nouveau - Brunswick 5.1.5 Lettre de M. Colpitts appuyant 1'agrandissement du Mus6e du Nouveau - Brunswick 6. Commentaires pr6sentes par les membres 7. Proclamation 7.1 Le mois des clubs PROBUS — Mars 2015 8. Delegations et presentations 9. Audiences publiques —18 h 30 10. Etude des arret6s municipaux 10.1 Troisi6me lecture de la modification de 1'Arr8t& de zonage visant le 1480, chemin Red Head 10.1.1 Conditions imposes par Particle 39 — 1480, chemin Red Head 10.2 Troisieme lecture de la modification de 1'Arr&6 de zonage visant les 1680- 1690, chemin Red Head 10.2.1 Conditions impos6es par Particle 39 — 1680 -1690, chemin Red Head 10.3 Troisieme lecture de la modification de 1'Arr&6 relatif a la construction, a la r6paration et a la d6molition de batiments et de structures dans The City of Saint John 10.4 Troisieme lecture de la modification de 1'Arret6 relatif a la circulation : Limites de vitesse dans les zones scolaires 10.5 Pr6sentation publique relative au 170, chemin Ashburn Lake 11. Interventions des membres du conseil 11.1 Aptitude a intervenir en cas de d6raillement d'un train de prole (conseiller Merrithew) 11.2 Entretien de 1'6clairage municipal (maire Norton) 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux 12.1 D6molition du batiment vacant, d61abr6, abandonn6 et dangereux situ6 au 302, rue Germain 12.2 D6molition du batiment vacant, d6labr6, peu solide, abandonn6 et dangereux situ6 au 300, rue Germain 12.3 Plan de gestion hivernal — Rues de priorit6 4 12.4 Le Service d'information et de notification en radiocommunications canadiennes 13. Rapports d6pos6s par les comit6s 14. Etude des sujets 6cart6s des questions soumises a Papprobation du conseil 15. Correspondance g6n6rale 16. Ordre du jour suppl&mentaire 16.1 Budget d'immobilisations du fonds d'administration de 2015 16.2 Entente de 2015 avec Fortis Properties relativement aux services de nettoyage et de s6curit6 pour les passerelles de Chipman Hill et du march6 municipal 16.3 Acquisition dune servitude pour services municipaux visant le 700, boulevard Fairville (magasin Kent) 16.4 Contrat ri 2014 -20 : avenue Colpitts — Modernisation de la station de relevement des eaux uses 16.5 Modification propos6e a 1'arret6 concernant la circulation — Augmentation des droits de permis de stationnement r6sidentiel 16.6 Proclamation: le mois de mars 2015 est le Mois national du g6nie 17. ComW pl6nier 17.1 Ancien restaurant des chutes r6versibles — Projet de d6molition 18. Lev& de la s6ance 99- COMMON COUNCIL /CONSEIL COMMUNAL MARCH 2, 2015/LE 2 MARS 2015 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — MARCH 2, 2015 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe, MacKenzie, McAlary, Merrithew, Norton, Reardon and Strowbridge - and - J. Hamilton, Commissioner of Growth and Community Development and Acting City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; K. Rice, Deputy Commissioner of Transportation and Environment Services; A. Poffenroth, Deputy Commissioner Growth and Community Development; J. Armstrong, Deputy Fire Chief; J. Taylor, Common Clerk; P. Anglin, Deputy Common Clerk Call To Order — Prayer Mayor Norton called the meeting to order and Rev. C. Meisner offered the opening prayer. 2. Approval of Minutes 2.1 Minutes of February 16, 2015 On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the minutes of the meeting of Common Council, held on February 16, 2015, be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Deputy Mayor Rinehart Seconded by Councillor Reardon RESOLVED that the agenda of this meeting be approved with the additions of items 12.1 Revised Open Data Policy and Revised Open Data Governance Framework; 16.1 D. Peters Letter of Support for NB Museum Expansion; 16.2 G. Finley Letter of Support for NB Museum Expansion; 16.3 I. Cameron Letter of Support for NB Museum Expansion; 16.4 J. Pearce Letter of Support for NB Museum Expansion and 17.1 Rockwood Park Golf Course. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest The Mayor disclosed a conflict with item 17.1 Rockwood Park Golf Course. 5. Consent Agenda 5.1 That the letter of support for the expansion of the NB Museum from Bishop Mills Natural History Centre be received for information. 5.2 That the letter from the Planning Advisory Committee regarding the Executive for 2015 be received for information. 5.3 That the letter of support for the expansion of the NB Museum from Stonehammer Geopark be received for information. 5.4 That as recommended by the City Manager in the submitted report M &C 2015- 035: Street Naming, Common Council amend the list of Official Street Names and approve the following changes: 99- COMMON COUNCIL /CONSEIL COMMUNAL MARCH 2, 2015/LE 2 MARS 2015 1. Add the name rue Gateway Street. 5.5 That pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following members of the Canadian Corps of Commissionaires as By -law Enforcement Officer with the responsibility and authority to enforce provisions of the Parking Meter By -Law and the provisions of Section 5 Section 5.1, Section 7, Section 8, Section 15 and Section 16 of the Saint John Traffic By -law, namely: Jennifer Cannon. And further, that this appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or until the appointment is rescinded by Common Council, whichever comes first. 5.6 That as recommended by the City Manager in the submitted report M &C 2015- 034: Proposed Public Hearing Date - 80 Kierstead Road and 10 -40 Elliott Row, 28 -36 Carmarthen Street & 25 Wentworth Street, Common Council schedule the public hearings for the rezoning applications of Yang Fu /Sunstar Ltd. (80 Kierstead Road) and Hughes Surveys & Consultants Inc. (10 -40 Elliott Row, 28 -36 Carmarthen Street & 25 Wentworth Street) for Monday, March 30, 2015 at 6:30 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for a report and recommendation. 5.7 That the letter of support for the expansion of the NB Museum from H. McKend be received for information. 5.8 That the letter of support for the expansion of the NB Museum from K. Loughery be received for information. 5.9 That the letter of support for the expansion of the NB Museum from Kennebecasis Naturalist Society be received for information. 5.10 That the letter of support for the expansion of the NB Museum from C. Waldschutz be received for information. 5.11 That as recommended by the City Manager in the submitted report M &C 2015- 032: Lease of Ground Floor Space - Saint Patrick Street Pedway: 1) The City of Saint John and Ellerdale Investments Ltd. set an annual rent of $19.00 (+ HST) per square foot for the first renewal term, March 01, 2012 to February 28, 2017, of the lease dated April 8, 1997 registered in the Saint John County Registry Office on October 01, 1997 in Book 1929 at Page 354 as No. 417847, and, 2) The Mayor and Common Clerk be authorized to execute the Renewal of Lease attached to M &C 2015 — 32. 5.12 That the letter from the Saint John Board of Police Commissioners regarding Legal Fees be received for information. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. Question being taken, the motion was carried. 6. Members Comments Council members commented on various community events. 7. Proclamation 8. Delegations /Presentations 3 99- COMMON COUNCIL /CONSEIL COMMUNAL MARCH 2, 2015/LE 2 MARS 2015 8.1 Social Enterprise Hub Presentation Seth Asimakos presented on the Social Enterprise Hub, and the investing and supporting initiatives required to realize the Hub and the Hub's purpose to support and develop individuals. 9. Public Hearings 6:30 P.M. 9.1 Staff Presentation: Proposed Zoning ByLaw Amendment - 1480 Red Head Road 9.1.1 Planning Advisory Committee report recommending Re- Zoning with Sec 39 Conditions 9.1.2 Proposed Rezoning 1480 Red Head Road (1st and 2nd Reading) 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 2025 square metres, located at 1480 Red Head Road, also identified as PID number 00340422, from Neighbourhood Community Facility (CFN) to Rural Residential (RR), with no objections being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of planning staff's report considered at its February 17, 2015 meeting at which the Committee recommended the rezoning of a parcel of land located at 1480 Red Head Road as described above with Section 39 conditions. The Mayor called for members of the public to speak against the amendment with no one presenting. The Mayor called for members of the public to speak in favour of the amendment with no one presenting. On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John ", amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 2025 square metres, located at 1480 Red Head Road, also identified as PID number 00340422, from Neighbourhood Community Facility (CFN) to Rural Residential (RR), be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John ", amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 2025 square metres, located at 1480 Red Head Road, also identified as PID number 00340422, from Neighbourhood Community Facility (CFN) to Rural Residential (RR), be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9.2 Staff Presentation: Proposed Zoning ByLaw Amendment - 1680 -1690 Red Head Road 9.2.1 Planning Advisory Committee report recommending Rezoning with Sec 39 Conditions 9.2.2 Proposed Rezoning 1680 -1690 Red Head Road (1st and 2nd Reading) 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 11 99- COMMON COUNCIL /CONSEIL COMMUNAL MARCH 2, 2015/LE 2 MARS 2015 of land having an area of approximately 3.25 hectares, located at 1680 -1690 Red Head Road, also identified as PID number 55057939 and portions of PID numbers 00340018 and 55218630, from Rural Residential (RR) to Rural (RU), with no objections being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of planning staff's report considered at its February 17, 2015 meeting at which the Committee recommended the rezoning of a parcel of land located at 1680- 1690 Red Head Road as described above with Section 39 conditions. The Mayor called for members of the public to speak against the amendment with no one presenting. The Mayor called for members of the public to speak in favour of the amendment with Mark Guest, Hughes Surveys stating they support the staff and PAC recommendations. On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John ", amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 3.25 hectares, located at 1680 -1690 Red Head Road, also identified as PID number 55057939 and portions of PID numbers 00340018 and 55218630, from Rural Residential (RR) to Rural (RU), be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John ", amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 3.25 hectares, located at 1680 -1690 Red Head Road, also identified as PID number 55057939 and portions of PID numbers 00340018 and 55218630, from Rural Residential (RR) to Rural (RU), be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 10. Consideration of By -laws 11. Submissions by Council Members 11.1 Winter Management Plan (Councillor Strowbridge) On motion of Councillor Strowbridge Seconded by Councillor Merrithew RESOLVED that Common Council refers the winter management plan to the City Manager to review the priority 3 and 4 street plowing deployment system and report back to Council. Question being taken, the motion was carried, with Councillors Merrithew, MacKenzie, Strowbridge and Fullerton voting nay. 12. Business Matters - Municipal Officers 12.1 Open Data On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that Common Council adopts the recommendations in the submitted report M &C 2015 -036 Open Data, as follows: 5 99- COMMON COUNCIL /CONSEIL COMMUNAL MARCH 2, 2015/LE 2 MARS 2015 a) Approve the draft City of Saint John Open Data Policy, supporting governance structure and licence agreement as provided in Attachment A; b) Approve the revised (2015) GIS Fee Schedule as provided in Attachment D; c) Direct the City Manager to implement a pilot City of Saint John Open Data project in 2015 as recommended in this Report; and d) Return to Council in early 2016 with a Report assessing the costs and benefits associated with a permanent Open Data Program. Question being taken, the motion was carried. 12.2 Gas Tax Fund (GTF) - 2014 -2018 Capital Investment Plan (Ref. No. 6934.078.0000) On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that Common Council adopts the recommendation in the submitted report entitled, M &C 2015 -037: Gas Tax Fund (GTF) - 2014 -2018 Capital Investment Plan (Ref. No. 6934.078.0000), as follows: RESOLVED THAT the City of Saint John enter into the "Agreement on the Gas Tax Fund with Local Governments ", between the City and Province of New Brunswick, as attached to the City Manager's report to Common Council in this matter dated the 23rd day of February, 2015 and received by Common Council at its Open Session Meeting held on March 2nd, 2015; FURTHER BE IT RESOLVED THAT the Mayor and Common Clerk be authorized to execute the aforesaid Agreement. AND BE IT FURTHER RESOLVED THAT the Commissioner of Finance be authorized to open a new bank account in the name of the City of Saint John for the purpose of holding Gas Tax Funds. Question being taken, the motion was carried. 12.3 Ratification of Intervenor Application for National Energy Board (NEB) Energy East Project Hearing On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that Common Council adopts the recommendation in the submitted report entitled, M &C 2015 -038: Ratification of Intervenor Application for National Energy Board (NEB) Energy East Project Hearing, as follows: Common Council ratify the filing with the National Energy Board of the City's application for Intervenor Status respecting the proposed Energy East Project, which application was submitted on the 24th day of February 2015 and a copy of which accompanied the City Manager's correspondence to the Common Council on this matter which correspondence is dated the 25th day of February 2015. Question being taken, the motion was carried. 12.4 Amendment to the Traffic By -Law -Safer School Zone Program (1st and 2 "d Reading) On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the by -law entitled, "A Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the authority of the Motor Vehicle Act, 1973, and amendments thereto" respecting Section 23, Schedule B — No Parking Anytime and adding Schedule T -1 — Speed Limits in School Zones, be read a first time. Question being taken, the motion was carried. X 99- COMMON COUNCIL /CONSEIL COMMUNAL MARCH 2, 2015/LE 2 MARS 2015 Read a first time by title, the by -law entitled, "A Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the authority of the Motor Vehicle Act, 1973, and amendments thereto. On motion of Councillor Farren Seconded by Councillor Reardon RESOLVED that the by -law entitled, "A Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the authority of the Motor Vehicle Act, 1973, and amendments thereto" respecting Section 23, Schedule B — No Parking Anytime and adding Schedule T -1 — Speed Limits in School Zones, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the authority of the Motor Vehicle Act, 1973, and amendments thereto." 13. Committee Reports 13.1 Planning Advisory Committee: City of Saint John Building By -law Amendment (1st and 2nd Reading) On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the by -law entitled, "A By -law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John" respecting amendments to Sections 2(3), 3(1) and 3(2), 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 Construction, Repair and Demolition of Buildings and Structures in The City of Saint John." On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the by -law entitled, "A By -law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John" respecting amendments to Sections 2(3), 3(1) and 3(2), 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 Construction, Repair and Demolition of Buildings and Structures in The City of Saint John." 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 J. Campbell: Snow and Ice Control On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the letter from J. Campbell regarding Snow and Ice Control be received for information. Question being taken, the motion was carried. 15.2 The Y's Men's Club: Loyalist City Ribfest On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that item 15.2 The Y's Men's Club: Loyalist City Ribfest be referred to planning staff to issue zoning confirmation. Question being taken, the motion was carried. 7 99- COMMON COUNCIL /CONSEIL COMMUNAL MARCH 2, 2015/LE 2 MARS 2015 15.3 Titus Bakery Letter re Cleaning Up Portion of Prince Edward Street On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the matter regarding the Titus Bakery Letter re Cleaning Up Portion of Prince Edward Street be referred to the City Manager to report back to Council. Question being taken, the motion was carried. 16. Supplemental Agenda 16.1 D. Peters Letter of Support for NB Museum Expansion On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the letter of support from D. Peters for the expansion of the NB Museum be received for information. Question being taken, the motion was carried. 16.2 G. Finley Letter of Support for NB Museum Expansion On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the letter of support from G. Finley for the expansion of the NB Museum be received for information. Question being taken, the motion was carried. 16.3 I. Cameron Letter of Support for NB Museum Expansion On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the letter of support from I. Cameron for the expansion of the NB Museum be received for information. Question being taken, the motion was carried. 16.4 J. Pearce Letter of Support for NB Museum Expansion On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the letter of support from J. Pearce for the expansion of the NB Museum be received for information. Question being taken, the motion was carried. 17. Committee of the Whole (The Mayor withdrew from the meeting and the Deputy Mayor assumed the chair.) 17.1 Rockwood Park Golf Course On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that as recommended by the Committee of the Whole, having met on March 2, 2015, Common Council approve the lease of the Rockwood Park Golf Course, to a corporation to be created as soon as possible following the adoption of this resolution in which the controlling interest is held by Gary R. Spicer, the text of which lease is attached to the March 2, 2015 recommendation of the Committee of the Whole in this matter, and further that the Mayor and Common Clerk be authorized to execute the said lease. voting nay. Question being taken, the motion was carried, with Councillor Merrithew n. 99- COMMON COUNCIL /CONSEIL COMMUNAL MARCH 2, 2015/1-E 2 MARS 2015 (The Mayor re- entered the meeting and assumed the chair.) 18. Adjournment On motion of Deputy Mayor Rinehart Seconded by Councillor MacKenzie RESOLVED that the meeting of Common Council held on March 2nd, 2015 be adjourned. The Mayor declared the meeting adjourned at 7:40 p.m. Mayor / maire Common Clerk / greffier communal 9 February 28, 2015 Your Worship Mayor Norton and Members of Common Council Recently a small group of citizens / Douglas Ave residents have tried to use obscure and arcane means to prevent the expansion of the NB Museum Research and Collection Centre at Douglas Avenue. We are at a loss to understand this action - it can hardly be for the greater good of the public of the city; it is certainly not for the greater good of the Museum, or for the citizens of the Province. Our heritage trust is in peril because the building containing treasures from our history is falling down and needs urgent repair. The site under the current building was originally gifted from the park by the City to enable its construction. It is time to repeat that gift and celebrate the 175th anniversary of the NB Museum in Saint John by allowing the Research and Collections Centre at Douglas Ave to construct an enlarged and more comprehensive facility. This is hardly a "warehouse" - this is where the active mission of the museum takes place: preserving our heritage; interpreting our history, and understanding our ecology and our place in the natural world. The land in question is not sacred ground. Should the museum vacate this site - and the physical deterioration of the building cannot be ignored - Douglas Avenue will be a less desirable place. Should the Research and Collections Centre relocate to a site in another city, Saint John will be a less important place. We have had opportunity to visit the current facility. The physical structure is in terrible shape. The contents of the collection are at risk and the work of staff is compromised because of inadequate space. We have also had opportunity to see the various options considered by the NB Museum Board. We are confident they have diligently considered all feasible alternatives and we agree with their recommendation to expand on the park side of the building. Their plans include redevelopment of the park and we believe the memorial nature and public use of the park will be enhanced by this reconstruction. Canada celebrates our sesquicentennial in 2017. The federal government has indicated it would like to sponsor museum projects to mark the occasion. Time is pressing to take advantage of funds that could be made available for the NB Museum's expansion and repair. Saint John, NB and Canada could have a wonderful project, right here on Douglas Avenue, for the benefit of this and future generations. Thank you (Received via email) Barb and Emery Whalen 160 Kennebecasis Drive Saint John 10 March 2, 2015 Dear Council Members, I would appreciate it if you would pass on my opposition to the Museum's request to expand into Riverview Memorial Park, including the testing that is scheduled to occur. It seems presumptuous to me that there are ground stakes present in the park before the Museum had even placed their request before Council. I am a voting resident of the city, a property owner and a taxpayer. This is an appeal to preserve Riverview Memorial Park while supporting responsible development of the museum. The Museum and supporters of its proposal for the park say the Museum is running out of time and must move quickly to draw up a plan for construction. i believe the Museum has a fast and less legally complicated solution that it could implement to meet its timeline: building on its own land, on the other side of the property. The original extension was built with the expectation of adding to it in the future. Part of the Museums public statement is that a precedent has been set: that land had been taken from the park before to build the current building. Documentation has been found by local historian Harold Wright that shows a building and land beside the park was purchased and donated for the Museum building. The Museum is claiming that it is "more cost effective" to build over the park. This plan also indicates a need for additional space within 25 years. Taking part of the park to build the proposed collections centre is prohibited by law at three levels - 1. the covenant on the park deed; 2. the zoning bylaws Zone SJ and Plan SJ; 3. and the regulations that govern what can and cannot be built in the Douglas Avenue Heritage Protection area. Supporters of the Museum's proposal are trying to put forward the argument that we cannot know what the people who worked so hard to raise the funds for Riverview Memorial Park would want to do in this situation. The covenant that was placed in the park deed, along with the name of the park itself, tells me that they wished that the property would remain a public park forever. We are also accused of being " anti - development," "activists," and "cranks." ANTI-DEVELOPMENT: I am not; i am against irresponsible development in the park when viable alternatives exist ACTIVIST: If using the right to free speech and open discussion makes me an activist, then yes I am. I served 27 years in the military to uphold that right. We commemorate WW1, and the federal Government just did a large commemoration of the War of 1812. Is not New Brunswick's participation in the Boer War as important? The Mayor's absence at the recent ceremony at the park was glaring. 11 CRANKS: It is never a surprise, unfortunately, when those you disagree with turn to name calling. The information put forward to support our stand has been diligently researched and documented by Harold Wright. Sincere Regards (Received via Email) Donna M Briggs Leading Seaman (Cook) ( Ret'd) Canadian Decorationl LSCK CD1 Ret'd 12 a ATURE TRUST o` NEW BRUNSWICK Fondatlon pour la :OTECTION DES RTES NATURELS NOUVEAU- BRUNswIcr February 27th, 2015 City of Saint John Council 257 Princess Street Saint John, NB E2L 11-4 Dear Mr. Norton et al.: Re: Letter of Support for the expansion of the NB Museum The Nature Trust of New Brunswick (NTNB) supports the expansion of the New Brunswick Museum (NBM) building. Established in 1987, NTNB is a non - profit conservation organization dedicated to preserving the province's remaining ecologically significant landscapes. To date, NTNB has conserved over 5500 acres in 41 beautiful and diverse nature preserves in New Brunswick. In addition to land conservation, efforts are focused on the stewardship of nature preserves, as well as environmental education and outreach initiatives; the three pillars of the NTNB mandate: conservation, stewardship, and education. This project is well- aligned with all three of these values. NTNB and NBM have built strong partnership through various acquisition, stewardship, and educational endeavours. On many occasions, NBM has provided NTNB with valuable historical and scientific information for certain areas where nature preserves now exist. The redevelopment of the NBM space has the community's interest at heart; involving historical and botany expertise to ensure the lowest possible negative impacts arise from this project. The newly expanded building will include lab space for research and conservation work to continue, including research on current bat populations in the province. Teaching labs and increased areas for public and educational programs for all ages will be included in the redeveloped community - focused facility. NTNB is aware of the loss of green space that this expansion will cause. This small loss in green space is far outweighed by the proposed improvement and restoration of the site. NBM is constrained by the amount of funding available for this necessary expansion, and has already looked in to alternatives such as building a cantilever -type structure over the back end of the building to avoid this loss of PO Box CP 603, Stn. A I Fredericton, NB N -B I JB 5A61 T. (506) 457 -2398 F. (506) 450 -2137 www.naturetrust.nb.ca naturetrust @ntnb.org ATURE TRUST 0 NEW BRUNSWICK Fondaiion pour la tOTECTION DES [TES NATURELS NOUVEAU - BRUNSWICK green space; alternatives such as this are too costly. NBM will be compensating for the loss in green space by providing sufficient stewardship of the park once the building's addition has been made. Not only will this site provide a better space for storing and curating important heritage and history of the province, it will also provide a venue for hands -on outdoor education in the new park, directly connecting directly connecting to NTNB and NBM's mandates. Sincerely, Mike Bonga President PO BoxCP603,Stn.Al Fredericton, NB N -B I .4B 5A6 1 T. (506) 457 -2398 F. (506) 450 -2137 www. naturetrust .nb.ca�naturetrustOntnb.ore Mar 2, 2015 Attention Mayor and Council, My name is Beverly Grew, 297 Douglas Ave. For 30 years I've lived in the property bordering the Riverview Park. For 30 years I have watched the deterioration and lack of use of Riverview Park. It was once a pleasant area for visiting with benches and plants. These were destroyed and costs became prohibitive for the City to keep replacing them. What happens if the museum's needs aren't met? Will Fredericton or Moncton become keepers of our artefacts? This could happen. My father was a veteran of WWI and WWII as a Naval Commander and he was a great proponent of improvement and change for betterment of the community. I wonder if vets were asked would they not be like minded. The park will definitely still honour our war dead. Common sense seems to be missing from the some of these articles appearing online or in the paper. Shake your heads Saint John and get behind the museum at this time when they really need our support. Beverly Grew 297 Douglas Ave Friend of the park & the museum. Typed by the Common Clerk's Office on March 11, 2015. Original kept on file with the Common Clerk's Office. 15 Anglin, Patricia From: Melanie Colpitts <melanie @aquilatours.com> Sent: March -04 -15 2:34 PM To: External - CommonClerk; Norton, Mel; Rinehart, Shelley; Farren, Bill; Norton, Greg; Fullerton, Susan; MacKenzie, John; Lowe, Gerry; Reardon, Donna; Merrithew, David; Strowbridge, Ray; McAlary, Shirley Cc: 'Beth Kelly Hatt; 'Danielle Timmons' Subject: Support for the New Brunswick Museum Expansion Dear Mayor Norton and Members of Common Council, We are gravely disappointed that Council has delayed the decision to allow for geotechnical testing at Riverview Memorial Park. It is clear that time is running out for the New Brunswick Museum to explore the options around the necessary expansion and improvement of the Collections and Research Centre. The New Brunswick Museum is critical to Tourism in Saint John. Exploring the option for expansion of the Douglas Avenue site and redeveloping the Riverview Memorial Park is very compelling from a Tourism perspective, as it would allow for: • Increased programming for visitors, as this would open up new opportunities for the types of special programming that today's visitors are looking for, whether they are cruise visitors or leisure travellers • Revitalization of a park that currently sees very limited visitation, so more people will experience this amazing park and its incredible stories • Linking the park and the museum with Harbour Passage, Fort LaTour, and Fallsview Park, opening up even more opportunities for rich Tourism Products for visitors However, by not allowing the exploration of this option, the risks to our community are great, and become cause for grave concern from a Tourism perspective. Consider the very realistic potential consequences and domino effect: • The next -best option is a new Collections Centre, and being a provincial entity, it is likely locations all throughout the province will be considered, not just Saint John — and considering Saint John's lack of support to date, there is a real threat it would be located elsewhere • Numerous professional jobs would be relocated from Saint John to that new location, taking significant economic impact with them • Considering the NBM Exhibition Centre is currently reviewing its next home, it stands to reason that the NBM Exhibition Centre would eventually be located where the Collections and Research Centre is, as from a business perspective, this makes sense • Saint John would potentially lose one of its Top Attractions in the city from a tourism perspective • The visitor experience would decline in Saint John, with less for guests to see and do, which eventually would result in fewer cruise ship calls and fewer leisure travelers coming through the city • Small businesses, who contribute greatly to Saint John's economy and are built on tourism, would no longer be sustainable and would close their doors While deferring the decision to allow for geotechnical testing may not appear to be critical, we are six steps from tourism decline and additional business closures in our City — and if we don't act now, the dominos start falling. The risk for our company and our industry is too large to be ignored. We fully support the New Brunswick Museum's proposed plans for expansion and improvement of the Collections and Research Centre, and we are asking you to consider all of the potential consequences and not only to approve the request for geotechnical testing at Riverview Memorial Park, but to also support the New Brunswick Museum's proposed plans for expansion and improvement of the Collections and Research Centre at Douglas Avenue. 116 Respectfully, Melanie Colpitts, Danielle Timmons, and Beth Kelly Hatt Aquila Tours Melanie Colpitts Aquila - Defining Excellence 506.633.1224 1 melanie @aquilatours.com I www.aauilatours.com Find more on Cruise Excellence at www.cruiseexcellence.com Please consider the environment before printing this email. �7 REPORT TO COMMON COUNCIL M & C — 2015 -41 March 3, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: 2015 SPRING DEBENTURE ISSUE BACKGROUND: City of Saint John The New Brunswick Municipal Finance Corporation is planning a bond issue in the near future. While the issue will not be sold until the Corporation feels that rates are reasonable, they have provided ranges within which the issue could be sold. These are as follows: Interest Rate: Not to exceed an average of 4.50% Price, Net: Not to be less than $98.00 per $100.00 of debenture Term: Serial form to mature in equal annual amounts over a term not to exceed 15 years for the General Fund and 20 years for the Water & Sewerage Utility. Notice of motion was given at the February 2, 2015 meeting of Common Council regarding the need to borrow $11,000,000. In order to proceed with the debenture financing it is now recommended that the following be adopted. M &C- 2015 -41 -2- March 3, 2015 RECOMMENDATION Whereas occasion having arisen in the public interest for the following public civic works and needed civic improvements, that is to say: GENERALFUND Protective Services $ 300,000 Transportation Services $ 4,000,000 Economic Development $ 1,000,000 Parks and Recreation $ 2,200,000 WATER & SEWERAGE UTILITY Water System $ 3,000,000 Wastewater System $ 500,000 $ 7,500,000 $ 3,500,000 TOTAL $ 11,000,000 1. Therefore resolved that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto to the amount of $11,000,000. 2. Commissioner of Finance be authorized to issue and to sell to the New Brunswick Municipal Finance Corporation (the "Corporation ") a City of Saint John bond or debenture in the principal amount of $11,000,000 at such terms and conditions as are recommended by the Corporation. 3. And further that the City of Saint John agrees to issue post -dated cheques to the Corporation, or other such arrangements as the Corporation may from time to time accept, in payment of principal and interest charges on the above bond or debenture as and when they are required by the Corporation. 19 M &C- 2015 -41 March 3, 2015 -3- 4. And further that the Commissioner of Finance be hereby authorized to receive an offer in connection with the foregoing debentures at a price not less than $98 per $100 of debenture, at interest rates not to exceed an average of 4.50% and at a term not to exceed 15 years for the issue related to the General Fund and not to exceed 20 years for the Water & Sewerage Utility. 5. And further that the Commissioner of Finance report to Common Council the exact values for price per $100 of debenture, interest rate and term in years, together with the date of the issue. Respectfully su Gregiomans, CGA, MBA Comma si er of Finance and Administrative Services J. rick Woods, CGA Cit anager 20 REPORT TO COMMON COUNCIL M &C2015 -44 March 3, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: The Cite of Saint John SUBJECT: Engineering Services: Exmouth Street (Richmond Street to Brunswick Drive) and Golding Street (Waterloo Street to Bayard Drive) — Street Reconstruction BACKGROUND The approved 2015 Water & Sewer Utility Fund Capital Program includes design projects for the renewal of municipal services on Exmouth Street and Golding Street. The design work involves renewal of the existing watermain and sanitary sewer, installation of a new storm sewer and street reconstruction including new granular materials, curb and sidewalk, asphalt base and surface courses and landscaping. A Request for Proposal (RFP) was advertised to engage an Engineering firm to carry out the following services for the above noted project: ♦ Part A — Site Surveys, Preliminary Investigation and Data Collection ♦ Part B — Preliminary Design, Cost Estimates and Design Report ♦ Part C — Conduct Public Consultation Process ♦ Part D — Detailed Design ♦ Part E — Tender Period Services, Materials Testing & Inspection, Red Books and Record Drawings ♦ Part F — Construction Management PURPOSE The purpose of this report is to make a recommendation for consulting engineering services for this project. ANALYSIS With a comprehensive terms of reference document developed by staff, a public call for proposals was made for consulting engineering services. The Request for Proposal (RFP) closed 21 M & C 2015 -44 March 3, 2015 Page 2 on February 12, 2015 with responses received from the following ten consulting engineering companies: • Brunswick Engineering & Consulting Inc., Saint John, NB • CBCL Limited, Saint John, NB • CORBO Engineering, a SweetCroft Company, Caraquet, NB • Crandall Engineering Ltd., Saint John, NB • Dillon Consulting Limited, Saint John, NB • exp Services Inc., Saint John, NB • Hatch Mott MacDonald, Rothesay, NB • HILCON Limited, Fredericton, NB • OPUS International Consultants (Canada) Limited, Fredericton, NB • WSP Canada Inc., Saint John, NB A Review Committee consisting of staff from Materials Management and Transportation & Environment Services was formed to evaluate submissions. Each member completed an independent review of the submissions and a joint discussion was held to develop the final ranking of submissions. The Review Committee came to a conclusion on their recommendation, which follows later in the report. The evaluation process uses the expertise of a variety of staff from Purchasing and Engineering to ensure a thorough review of the various submissions. The work contemplated is very significant and supports the City's investment in the urban core as part of the implementation of PlanSJ. Care must be taken to ensure that the necessary level of effort and expertise is being directed to the various tasks involved in the work, while still ensuring that costs to be incurred are appropriate and controllable. It is for these reasons that cost, although very important, cannot be the sole nor most critical deciding factor in making the selection of a consulting engineering firm. The Committee was tasked with the role of reviewing each submission against the proposal evaluation criteria as defined in the proposal call document. These criteria consisted of the following: 1. Quality and Completeness — Does the proposal address all of the needs raised? Is the proposal presented in an organized and professional manner? 2. Consultant's Experience — Has the consultant demonstrated a level of expertise with the requirements of this project? 3. Experience of Employees /Sub - consultants — Has the consultant demonstrated a level of expertise for the employees of the company and sub consultants listed? 4. Methodology — Does the approach to the project outlined in the proposal address, in a realistic sense, attainable goals and is it in keeping with the City's expectations for the project? 22 M & C 2015 -44 March 3, 2015 Page 3 5. Value Added — What additional information, technology, process or options has the consultant included in his proposal? Is there value added to the consultant's response for this additional information? 6. Cost — Cost will be a factor, however not the only factor to be considered. Is the price quoted in line with the City's estimate for the work and has it allowed for each aspect of the project to be adequately addressed? After careful, independent consideration of presentation, company experience, personnel and technical proposal, the Review Committee met to analyze the findings of each member. After completion of the "technical" evaluation, the financial proposals were opened and addressed. These had been submitted in separate, sealed envelopes. After due consideration, the Review Committee selected the submission of Crandall Engineering Ltd. as the best proposal based on an overall rating of the evaluation criteria - presentation, company experience, personnel, technical proposal and cost. The submission from Crandall Engineering Ltd. met all of the requirements of the proposal call, in a manner acceptable to the committee, and was the lowest cost of the submitted proposals. FINANCIAL IMPLICATIONS The proposed cost of work from Crandall Engineering Ltd. to provide engineering design and construction management services for this project is $190,575.63 including HST. This cost is based on an estimated 20 week construction management period. An amount of $208,000 is included in the 2015 Water & Sewer Utility Fund Capital Program for engineering design services. The cost above includes $114,735.11, including HST, for the provision of construction management services for the reconstruction of Exmouth Street between Richmond Street and Brunswick Drive and of Golding Street between Waterloo Street and Bayard Drive. It is anticipated that funding for the reconstruction will be included in the 2016 General Fund and Water and Sewer Utility Fund Capital Programs submissions for Council's consideration. Staff will only authorize the Consultant to proceed with the work approved under the 2015 Capital Program ($75,840.52) for now, with the remainder of the engineering services work ($114,735.11) to be carried out after Council approval of the 2016 Capital Programs. INPUT FROM OTHER SOURCES: Materials Management facilitated the RFP process to solicit proposals from Engineering Consultants for the Exmouth Street (Richmond Street to Brunswick Drive) and Golding Street (Waterloo Street to Bayard Drive) — Street Reconstruction project. The committee was tasked with the role of reviewing each submission against the proposal evaluation criteria as defined in the proposal call document. In accordance with the City's policies and procedures, separate assessments of the technical and financial aspects of the submissions were undertaken by the evaluation committee members. 23 M & C 2015 -44 March 3, 2015 Page 4 The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. POLICY — ENGAGEMENT OF ENGINEERING CONSULTANTS The costs incurred by the consultant will be paid in accordance with the terms of the Request For Proposal at the rates submitted and accepted in the consultants proposal not to exceed the Recommended Minimum Hourly Rates as contained in The Association of Consulting Engineering Companies — New Brunswick fee guideline. The Construction Management component of this project fee is based on an estimated 20 week construction period. The final fee will be calculated based on the actual construction management period. RECOMMENDATION It is recommended that the proposal from Crandall Engineering Ltd. for engineering services for the Exmouth Street (Richmond Street to Brunswick Drive) and Golding Street (Waterloo Street to Bayard Drive) — Street Reconstruction, Project No. 2015- 091502P (the "Project"), be accepted as follows: a) Detailed design and construction cost estimates are to be completed by Crandall Engineering Ltd. under the 2015 Capital Program, at a cost of $75,840.52, 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 2016 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 2016 Capital Programs at a cost of $114,735.11, all applicable taxes included; and c) That the Mayor and Common Clerk be authorized to execute the Consulting Engineering Agreement. Respectfully submitted, Kevin O'Brien, P.Eng. Municipal Engineer Wm. Edwards, P.Eng. Commissioner Transportation & Environment 24 Brian Keenan, P.Eng. Engineering Manager J. Patrick Woods, CGA City Manager REPORT TO COMMON COUNCIL M &C2015 -50 March 9, 2015 His Worship Mayor Mel Norton & Members of Common Council Your Worship and Members of Council, SUBJECT: Tin 117 The City of Saint John CONTRACT NO. 2015-08: 1500MM. DIA. RAW WATER TRANSMISSION MAIN PIPE REPAIR BACKGROUND The 2015 Water & Sewerage Utility Fund Capital Budget includes a provision for the repair of one section of pipe on the 1500mm diameter raw water transmission main near Ocean Westway at Manawagonish Road. In accordance with the City of Saint John's Policy for the Procurement of Goods, Services and Construction, this contract was called by invitation to bid as the work was valued at less than $100,000. TENDER RESULTS Tenders closed on February 25, 2015, with the following results including HST: Gulf Operators Ltd., Saint John, NB 2. Fairville Construction Ltd., Saint John, NB 3. Galbraith Construction Ltd., Saint John, NB 4. Dexter Construction Company Limited, Saint John, NB The Engineer's estimate for the work was $39,550.00 25 $44,635.00 $47,742.50 $59,460.60 $67,687.00 M & C 2015 -50 March 9, 2015 Page 2 ANALYSIS The tenders were reviewed by staff and were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS This contract involves work that is to be charged to the 2015 Water & Sewerage Utility Fund Capital Budget. Assuming award of this contract to the low tenderer, the following analysis has been completed which includes work that will be carried out by City Forces and others. Budget $70,000 Project net cost $53,000 Variance (surplus) $17,000 POLICY CONFORMANCE The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract No. 2015 -08: 1500mm Dia. Raw Water Transmission Main Pipe Repair, be awarded to the low tenderer, Gulf Operators Ltd., at the tendered price of $44,635.00 including HST as calculated based upon estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. l V Jodi Stringer -Webb, P. Eng. Municipal Engineer 9 c 4�� �` Wm. Edwards, P. Eng. Commissioner Transportation and Environment 26 Brian Keenan, P. Eng. Engineering Manager atrick Woods, CGA i y Manager The City of Saint John PROCLAMATION WHEREAS: PROBUS (an acronym for Professional and Business) is a local, national, and worldwide association of retired and semi- retired professional, business, or like responsible persons who provide regular opportunities for members to meet others with similar levels of interest, make new friends, and maintain and expand their interests; and WHEREAS: There are over 235 PROBUS Clubs, and over 32,000 members across Canada, as well as the over 400,000 thousand members internationally; and WHEREAS: PROBUS was formed to stimulate thought, interest, and participation in activities at a time when it is easy to become complacent and self - centred; and WHEREAS: PROBUS Canada has declared the month of March 2015 to be National PROBUS Month to celebrate and enrich its meaning among members, and enhance its visibility throughout each community; and WHEREAS: The spirit of PROBUS is alive and well in The City of Saint John with two active clubs in our City, with over 300 members; NOW THEREFORE: I, Mayor Mel Norton, of Saint John do hereby proclaim the month of March 2015 as National PROBUS Month in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 27 BY -LAW NUMBER C.P. 111 -4 A LAW TO AMEND TAE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint Jahn enacted on the fifteenth day of December, A.D. 2014, is amended by: 1 Amending Schedule A, the Zoning Map of The City of Saint John, by re- zjning a parcel of land having an area of approximately 2025 square metres, located at 1480 Red Head Road, also identified as PID number 00340422, from Neighbourhood Community Facility (CFN) to Rural Residential (RR) pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2015 and signed by: Mayor/Maire ARRETE No C.P. 111 -4 ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors dune relunion du conseil communal, The City of Saint John a delcreltel ce qui suit : L'arretel de zonage de The City of Saint John, delcretel le quinze (15) delcembre 2014, est modiflel par: 1 La modification de Pannexe A, Carte de zonage de The City of Saint John, permettant de modifier la delsignation pour une parcelle de terrain d'une superficie d'environ 2025 metres carrels, situee au 1480, chemin Red Head, et portant le NID 00340422, de zone d' installations communautaires de quartier a zone relsidentielle rurale (RR) conformelment a une resolution adoptele par le conseil municipal en vertu de Particle 39 de la Loi sur l'urbanisme, - toutes les modifications sont indiqueles sur le plan ci joint et font partie du prelsent arretel. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2015, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - March 2, 2015 Premielre lecture Second Reading - March 2, 2015 Deuxieme lecture Third Reading - Troisieme lecture - le 2 mars 2015 - le 2 mars 2015 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE REZONING 1 REZONAGE Amending Schedule A of the Zoning By -Law of The City of Saint John Modifiant Annexe A de I'Arrete de zonage de The City of Saint John 0, o oa q a s FROM 1 DE CFN Neighbourhood Community Facility Zone Zone d'installations communautaires de quartier 1 a 0% TO 1 A U-0 Rural Residential Zone Zone residentielle rurale Pursuant to a Resolution under Section 39 of the Community Planning Act Conform6ment a une resolution adoptee par le conseil municipal en vertu de I'article 39 de la Loi sur I'urbanisme Applicant: Charles Gow Location: 1480 ch. Red Head Road PI D(s)IN I P(s): 00340422 Considered by P.A.C.Iconsider6 par le C.C.U.: February 17 fevrier,2015 Enacted by Council /Approuve par le Conseil: Filed in Registry Office /Enregistre le: By -Law No. /Arrete No. Drawn By /Creee Par: John Ellefsen Date Drawn /Carte Creee: March 4 mars,2015 Section 39 Conditions --1480 Red Head Road That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 2025 square metres, located at 1480 Red Head Road, also identified as being PID No. 00340422, be subject to the condition that the required front yard extending to the edge of the travelled portion of the street right -of -way be landscaped within one year of the date of issue of the building permit for the proposed residential use. 30 BY -LAW NUMBER C.P. 111 -5 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: 1 Amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 3.25 hectares, located at 1680 -1690 Red Head Road, also identified as PID number 55057939 and portions of PID numbers 00340018 and 55218630, from Rural Residential (RR) to Rural (RU) pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2015 and signed by: Mayor/Maire ARRETE No C.P. 111 -5 ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une r6union du conseil communal, The City of Saint John a d6cr&6 ce qui suit : L'arret6 de zonage de The City of Saint John, d6cr&6 le quinze (15) d6cembre 2014, est modifi6 par: 1 La modification de 1'annexe A, Carte de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain d'une superficie d'environ 3,25 hectares, situ6e au 1680- 1690, chemin Red Head, et portant le NID 55057939, et 6tant aussi une partie des NID 00340018 et 55218630, de zone r6sidentielle rurale (RR) a zone rurale (RU) conformdment a une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur Furbanisme. - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr6t6 le 2015, avec les signatures suivantes Common Clerk/Greffier communal First Reading - March 2, 2015 Premi6re lecture Second Reading - March 2, 2015 Deuxi6rne lecture Third Reading - Troisieme lecture 31 - le 2 mars 2015 le 2 mars 2015 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE REZONING 1 REZONAGE Amending Schedule A of the Zoning By -Law of The City of Saint John Modifiant Annexe A de I'Arrete de zonage de The City of Saint John r�, r J: °ys as ar P�cr °a'� 5 c FROM 1 DE RR Rural Residential Zone Zone residentielle rurale 1t� S 1 TO 1 A all Rural Zone Zone rurale Pursuant to a Resolution under Section 39 of the Community Planning Act Conformement a une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur I'urbanisme Applicant: Stacey Hope Location: 1680 -1690 ch. Red Head Road PID(s) /NIP(s): 55057939 and / et Portion of / de 00340018 and / et 55218630 Considered by RA.C. /considers par le C.C.U.: February 17 fevrier,2015 Enacted by Council /Approuve par le Conseil: Filed in Registry Office /Enregistre le: By -Law No. /Arrete No. Drawn By /Creee Par: John Ellefsen Date Drawn /Carte Creee: March 4 mars,2015 Section 39 Conditions —1680 -1690 Red Head Road That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 3.25 hectares, located at 1680 -1690 Red Head Road, also identified as being PID No. 55057939 and a portion of PID Nos. 00340018 and 55218630, be subject to the following conditions: a) That the use of the property be restricted to an equestrian facility with a maximum of eight horses. 33 A BY -LAW TO AMEND A BY -LAW RESPECTING THE CONSTRUCTION, REPAIR AND DEMOLITION OF BUILDINGS AND STRUCTURES IN THE CITY OF SAINT JOHN ARRETE MODIFIANT L'ARRETE RELATIF A LA CONSTRUCTION, A LA REPARATION ETA LA DEMOLITION DE BATMIENTS ET DE STRUCTURES DANS THE CITY OF SAINT JOHN Be it enacted by the Common Council of Le conseil communal de The City of Saint The City of Saint John as follows: John 6dicte : A By -law of The City of Saint John entitled "A By -law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John ", enacted on the 5" day of August, A.D. 2003, is hereby amended as follows: 1 Section 2(3) is repealed and the following is substituted as follows: 2(3) The latest edition of the National Building Code of Canada as adopted by the Province of New Brunswick, including any amendments thereto, with the exception of Part 5 and Part 8 of Division B, Volume 2, is hereby adopted in relation to all buildings and structures for which standards are therein prescribed, except as allowed by section 12 of this By -law. 2(3.1) The Barrier -Free Design Building Code Regulation 2011 -61 under the Community Planning Act, including any amendments thereto, is hereby adopted, pursuant to section 59 of the Community Planning Act. 2 Section 3(1) is repealed and the following is substituted as follows: 3(1) Unless otherwise defined herein, definitions in the latest edition of the National Building Code of Canada, as adopted by the Province of New Brunswick, including any amendments thereto, also apply to this by -law. 3 Section 3(2) regarding the definition of "Code" is repealed and the following is substituted as follows: "Cale" means the latest edition of the National Building Code of Canada, as adopted by the Province of New Brunswick, including any amendments hereto, with the exception of Part 5 and Part 8 of Division B, Volume 2. L'arret6 de The City of Saint John intitu16 Arrdte relatif a la construction, a la reparation et a la demolition de bdtiments et de structures Bans The City of Saint John, d6cr&6 le 5 aout 2003, est modifi6 en ces termes : 1 Le paragraphe 2(3) est abrog6 et remplac6 par ce qui suit : 2(3) Sous reserve de Particle 12 du present arret6, la version la plus r6cente du Code national du bfitiment du Canada qu'a adoptee la Province du Nouveau - Brunswick, ensemble ses modifications, a 1'exception des parties 5 et 8 de la division B du volume 2, est adoptee pour Pensemble des bfitiments et structures assujettis aux normes y prescrites. 2(3.1) Le Reglement d'application du code du bdtiment portant sur la conception sans obstacles, r6glement 2011 -61 pris en vertu de la Loi sur l'urbanisme, ensemble ses modifications, est adopt6 en application de Particle 59 de la Loi sur 1 'urbanisme. 2 Le paragraphe 3(1) est abrog6 et remplac6 par ce qui suit : 3(1) Les d6finitions figurant daps la version la plus r6cente du Code national du batiument du Canada qu'a adoptee la Province du Nouveau - Brunswick, ensemble ses modifications, s'appliquent 6galement, par d6faut, au present arret6. 3 La definition de « Code » au paragraphe 3(2) est abrog6e et remplac6e par ce qui suit : Code » d6signe la version la plus r6cente du Code national du batiment du Canada qu'a adoptee la Province du Nouveau- Brunswick, ensemble ses modifications, a Pexception des parties 5 et 8 de la division B du volume 2. 34 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., 2015 signed by: First Reading Second Reading Third Reading Mayor /Maire EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2015, avec les signatures suivantes : Common Clerk/Greffier communal - March 2, 2015 Premi&e lecture - March 2, 2015 Deuxi6me lecture Troisieme lecture 35 - le 2 mars 2015 - le 2 mars 2015 A LAW TO AMEND A BY -LAW RESPECTING TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN MADE UNDER THE AUTHORITY OF THE MOTOR VEHICLE ACT, 1973, AND AMENDMENTS THERETO ARRETE MODIFIANT L'ARRETE RELATIF A LA CIRCULATION DANS LES RUES DANS THE CITY OF SAINT JOHN EDICTE CONFORMEMENT A LA LOI SUR LES VEHICULES A MOTEUR (1973) ET LES MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lors d'une reunion du conseil municipal, The City of Saint John as follows: The City of Saint John a decrete ce qui suit: A By -law of The City of Saint John entitled "A By -law Respecting Traffic On Streets In The City of Saint John Made Under The Authority of The Motor Vehicle Act, 1973, and Amendments Thereto ", enacted on the 19d' day of December, A.D. 2005, is hereby amended as follows: Par les presentes, Parrete de The City of Saint John intitule c Arrdte relatif i la circulation daps les rues dans The City of Saint John edicte conformement i la Loi sur des vehicules a nwteur (1973) et les modifications afferentes o, decrete le 19 decembre 2005, est modifid comme suit: 1 Section 23 is amended by adding the 1 L'article 23 est modifid par Padjonction de ce following immediately after subsection 23(1): qui suit immediatement apres le paragraphe 23(1): "23(2) No person shall drive a vehicle in a School Zone listed in Schedule T -1 between the hours of 7:30 a.m. and 4:00 p.m. on the days during which a school in the vicinity of that School Zone is in session, at a speed in excess of the speed limit prescribed in Schedule T -1 for that School Zone." «23(2) 11 est interdit a quiconque de conduire un vehicule i moteur dans les Zones d'ecoles precisees a ]'Annexe T -1 entre 7h30 et 16h les jours pendant lesquels une ecole situee i proximite de cette Zone d'ecole est en cours, i une vitesse superieure a la vitesse maximale prescrite a Pannexe T -1 pour cette Zone d'ecole.» 2 By adding the attached Schedule T -1 "Speed • 2 Par Padjonction de ]'Annexe T -1 « Vitesse Limits in School Zones" immediately after maximale dans les Zones d'ecoles o Schedule T. immediatement apres ]'Annexe T. 3 Schedule B — No Parking Anytime - is amended by adding the following words under the following headings: Street Side Limits Bayside Drive East Courtenay Avenue to Park Avenue Courtenay Ave Both Loch Lomond Road to a point located 170 metres southerly 3 L'Annexe B — Interdiction de Stationner en tout temps — est modifide par Padjonction des mots suivants sous les titres suivants : Rues Cote Limites Promenade Est De Pavenue Courtnay Bayside i I'avenue Park Avenue des deux Du chemin Loch Lomond Courtenay i un point situe a 170 metres en direction sud 36 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. 2015 signed by: Mayor /Maire EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrete le 2014, avec les signatures suivantes: Common Cierk/greffier communal First Reading - March 2, 2015 Premiere lecture Second Reading - March 2, 2015 Deuxieme lecture Third Reading - Troisieme lecture 37 le 2 mars 2015 - le 2 mars 2015 SCHEDULE T -1 ANNEXE T -1 SPEED LIMITS IN SCHOOL ZONES VITESSE MAXIMALE DAMS LES ZONES D'ECOLE STREET LIMITS SPEED LIMITS Union Street Crown Street to a 40 KM /H point located 315 metres westerly Loch Lomond a point located 40 KM /H Road 227 metres west 40 KM /H Loch of Courtenay Lomond Avenue to a point located 200 metres east of Courtenay Avenue KN RUES LIMITES VITESSE MAXIMALE Rue Union de la rue Crown a 40 KM /H un point situe a 315 metres en direction ouest Chemin d'un point situe 40 KM /H Loch 227 metres a Lomond I'ouest de ('avenue Courtenay b un point situe a 200 metres a 1'est de I'avenue Courtenay uni advertiser Name: Saint John Common Clerk advertiser Code: S71206 ize: 4.00 x 15.75 in. ales Rep: Doug Thomson PROPOSED MUNICIPAL PLAN AMENDMENT RE; 170 ASHBURN LAKE ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate, on Schedule A of the Plan, a parcel of land with an area of approximately 70 hectares, lDcdted at 170 Ashburn Lake Road, also identified as PID Nos. 00305128, 00298422, 00297333 and 00298182, as illustrated beiow, from Rural Resource Arta (outride of the Primary Development AreaX Urban Reserveand bripkinnent Area (w1tMn the Primary Development Area) to Rural Resource Area (outside of the Primary Development Area) and Employ— Area (wlthbr the Primary Development Area), 2. Redesignate, on Schedule 8 of the Plan, the same parcel of land, from Rural Resource (outside of the Prirnary DevelopamaI Area), Urban Reserve and Heavy ladurtrial (wili the Primary Development Area) to Renal Resource (ortdde of the Primary Development Area) and Heavy Induatrfal (whhln the Primary Development Arta) A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, March 16, 2015 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE To permit the expansion of an , existing quarry. / written i objections to v the proposed amendment may be made to the Council, in care of the undersigned, by April 15, 2015. Enquiries may be made at the office of the Common Clerk or Growth and Community Development Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 658.2862 PROJIET DE MODIFICATION DU PLAN OBJET; 170, CHEMIN ASHBURN LAKE MUNICIPAL Par les presentee, un avis public est donn6 par lequel le conseil communal de The City of Saint John a Fintention d'etudier la modification du plan d'amenagement municipal comme suit: 1. Modifier la designation, A I'annexe A du plan, dune parcelle de terrain dune superficie d'environ 70 hectares, situee au 170, chemin Ashburn Lake, et portant Ies NID 00305128, 00298422, 00297333 et 00298182, comme it est indique ci. dessous, afn de la faire passer de setter de ressourrer resales (hors du priadpol secteur de divebpp se--It), ve reser urbaine et derr d'empfol (dons k prhrdpal sedeur de diveloppemneat) a secteur de ressources nrrales (hors du prkdpal secteur de dfvefoppement) et serteru d'emplal (dons le prfndpal sedeur de ddveloppemeat); 2. Modifier la designation, a I'annexe 8 du plan, de la parcelle de terrain pradtee, afin de la faire passer de sedeur de ressources rsraler (ion du prindpol sedesr de dheiappernent), rverre urbahre et seders d1nduntrks Ili (dons le prfix4rol sedeur de ddveloppement) a sedear de ressources ranks (has du prilti sedeur de cwveloppevuent) et secteur d7nrhatdes Lourdes (dons le principal secteur de dvel)ppement). Une presentation publique du ' projet de rw modfcalion aura lieu lors 1 de Is reunion ordinaire du Conseil communal le lundl 16 mars 2015 daps la salle du conseil, au niveau du hall d'entree, a I'h6tel de ville. RAISON DE LA MODIFICATION: Permettre i'expansion dune graviere existante. Veuillez faire part au conseil par ecrit de vas objections au projet de modification au plus tard le 15 avrH 2015 a ('attention du sousslgne. Pour toute demande de renseignements, veuillez communiquer aver le bureau du greffier communal ou le bureau de service de is croissance et du developpement communautaire a I'h6tel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 3D du lundi au vendredi, sauf Ies jours ferias. Si vous avez besoin des services en fra%ais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, greffier communal 658 -2862 t►u ivumuer: 11�C ❑U�LI -S Ad ID: 7029439 Ad Legacy: 7625052 Current Date: Mar 03 2015 10:OOAM Start Date: 3/5/2015 End Date: 3/5/2015 Color: B/W Client Approval OK ❑ 39 Corrections ❑ Imo► mfg 0 Mmkigal P1m Ammdmrot p m6opivi p Rlznft / Cmpgbb vim ® zmfmzBy4wwA=mdmw p v.bmo p Tompomyue Ameodmwt to section 39 c=dfttlmc c mdhbmw uw p Cb t2V / R&4WOAWmmW of Cam igum H T DcLiqwl rogue Contod Ntlonnafbn i'TL100 ofApplimo srunar?,cR Bngineering 6: coneultirg Inc _ AddwjofAppbma(wiBsPb WCode) Po Box loss, saint soen, HB, aaram Acme Tel*bm Numbw Wc&Telvbaoe2?=mler 506- 656 -9155 F=KonL4ar S06 -fi4fi -4158 B�SIy dt°phemetaxvnarickaa9inaarin9 -� Afamc aPPI ope�iy D xnorr (if diffierant &um eppiic�a[} °eblY FAOM CDC lnc. AWft Addws (aifl POW Colo) 170 aabhara UOM Road, saint ao)m, H2 170 mbburn La$e pDae 00305178, 00798423, 001,08167, 00254373 avbf SW4 PM -. Quarry / o tice°/ Pscpaeaioa of existing quarry Operation g vy i t ndsftTjaoofpropmty phnDMggMgoMCfPKVWaF / PtrlpDFbdTI�1e0{PIOpEfljr rich u°ociatad exi°tlnS wxrat10a0 Reavy Industrial/ Propo DdPWDo ofPmgwty heavy Industrial / Rural Rural f Urban Reserve $ zDd=pfpfpppty me&. Industrial / Rural Pi'OpOBOdZgntltYofp10pa* seamy xndustrinl / pits a Qrerry / Future Development Dosmipdw at AppUcWon D:Mgaswbatym I DIFeatbdo (ekAdddltinealpepwffoecwwffA NOTE If tlsa epplioeot it . $0 oww& e'a or Ratholizsflon (ia to die RVHOAim is topkW 3igoawn of ofoww Dab Far affioe Tin onv '�gW — ( * f 67 -O � 1 Reviiowcd by l Ewe _ ❑ ImawOflnteoe p TogidVoloodmapbn ❑ sib P1m Mbretione t� .AIS . ❑ a pkwphm Q skmnmrhw Cb .o ma7sYAft man* :.a"ffAmW$" CP. Ifib"AAM"a.am,*u O10 BA ,,Dvdb;if, BRUNSWICK Engineering & Consulting Inc. February 26, 2015 Jody 10i fer City of Saint john Saint john, NB 40 Ashburn Lake Road tel: 506.696.9155 PO Box 1045, Saint John, NS fax: 506,696,9258 E2L 463 reception ®brunswickengineering.ca File: 2005.01 RFC R$ZONl11iGAPPLICA2701% JIMASEMURNLAJI ;'ROAD% SAINT' OMV NB Please find enclosed our report for the above referenced site. Should yon have any questions Please contact the undctsigned at pout convmunm Peary, P. Eng. SRP HST f, 82470 0884 RT0001 REZONING APPUCAT70N 970 ASHBURN LAKE ROAD, SAINT JOHN, NB TABLE OF CONTENTS Page COVERING LETTER ............................ TABLE OF CONTENTS .......... ............................... 1.0 INTRODUCTION ................................................................................. ............................... 1 2.0 SITE DETAILS ..................................................................................... ............................... 1 2.1 Site Location ....................... 2.2 Current Site Conditions ............................................................ ............................... 2 2.2.1 PID 00305128 .............................................................. ............................... 3 2.2.2 PID 00298422 .............................................................. ............................... 3 2.2.3 PID 00297333 ........................ ............................... .............................. .... 4 2.2.4 PID 00298/ 82 .............................................................. ............................... 4 2.2.5 PID 00298455 (not part of this application) ................. ............................... 4 2.2.6 PID 55202774 (not part of this application) ................. ............................... 4 2.2.7 PID 00298307 (not part of this application) ................. ............................... 4 2.2.8 PID 00051706 (not part of this application)...., ............ ............................... 4 2.3 Geological Conditions .............................................................. ............................... 5 3.0 EXISTING OPERATIONS ................................................................... ............................... 7 3.1 Permits & Approvals .......................................................... ...................................... 7 3.2 Quarry Operation Facilities ....................................................... ............................... 8 3.2.1 Blasting & Drilling ......................................................... ............................... 8 3.2.2 Crushing Operations .................................................... ............................... 9 3.2.3 Wash Plant Operation ................................................ ............................... B 3.2.4 Stockpile Yard .............................................................. ............................... 9 3.3 Operational Procedures ...................................................... ............................... 10 4.0 CONTINUED OPERATIONS .............................................................. .............................10 4.1 Stormwatar Management ....................................................... ............................... 12 5.0 FUTURE DEVELOPMENT ................................................................ ............................... 12 6.0 PROPOSED MUNICIPAL PLAN AMENDMENTS .............................. .............................12 7.0 PROPOSED RE- ZONING ................................................................. ............................... 13 8.0 REHABILITATION ............................................................................. ............................... 14 42 0.0 CONCLUSIONS / CLOSURE ................................ ............................... is Appendices A. Drawings 43 R RZ ONI N G A P PL I C A TIO N 170 ASIMURNLAKE ROAD SA TJOMv, NB 10 LNTRODUCTION Brunswick Engineering & Consulting Inc. has been retained by Debly Resources Inc. /Debly Enterprises Limited (Debly) to provide engineering services related to the site design and development of several parcels of land off of Ashbum Lake Road and Rothesay Avenue. As part of the work, several parcels of land owned by Debly require rezoning /municipal plan amendments. The need to have a municipalplan amendment and rezoning of lands adjacent to the existing quarry limit is to allow for continued quarry* operations, as the operational bedrock working face of the quarry is at the property boundary which corresponds to the zoning boundary between I -M Industriai (existing facilities and quarry*) and RU (rural Zone) and FD (future development). This report is being submitted with the rezoning and municipal plan amendment application as a mesas to describe the current operation, its value to the Saint John market and its continuing benefit to the construction sector in Saint Jobn. This report describes the current site conditions and operations that are carried out at the existing quarry and the long term plan for this group of properties. With the approval of the proposed municipal amendment and subsequent rezoning, the operation of the quarry will remain relatively unchanged from the current activities and procedures as all the facilities are in -place to operate a Lock quarry and processing facility. The expansion of the quarry limits with the re- zoning and municipal plan amendment will not equate to as increase in production at the quarry, as operations and production is directly related to market demand and the local economy. 20 SUEDE AHI S The overall site is made up of several parcels of land owned by Debly. The parcels included in the site are PID 00305128, 00298422, 00297333 and 00298182. See sketch 1 & 1A for an overall site plan. MI 2.1 Site Locadon The site is located off of Ashburn Lake Road, with the parcel (PID 00305128) having recently bees Changed to medium industrial (IIVo and heavy industrial (III.) for asphalt plant and access road. PID 00305128 is the current access to the remainder of the parcels identified as PID 00298422, 00297333, and 00298182. The entire group of properties owned by Debly are bound to the north /west by the Route 1 highway, to the east by the CN Rail line and beyond the rail line by a mix of commercial and residential properties. The southeast corner of the parcels borders Marsh Creek and the southern end is bound by other industrial zoning. Properties identified by PID 00298455, 55202274 and 00298307 are currently residential properties located to the east and owned by Debly. These three parcels arc not part of the present application. See attached sketch 1 and lA for a plan of the group of properties previous and current zoning associated with this report and application. 2.2 Cuamt.sire Canditrons Currently parcel PID 00305128 is residence to Debly Resources / Debly Enterprise's ( Debly) asphalt plant, existing quarry operation, aggregate stockpile area, administration offices, welding shop and heavy equipment maintenance shops. Parcel 00305128 is approximately 25.34 hectares in size and is currently zoned medium industrial M which allows for the storage yards and shops and the asphalt plant that is currently classified as heavy industrial M. The existing quarry operation operates as a non - conforming use in these zones. Parcel 00305128 is located south -east of the existing highway route 1, north -east of Ashburn Lake Road and north -west of Marsh Cree)L To the north -east are parcels, PID 00298422 (38.7 hectares), 00297333 (5.12 hectares) and 00298182 (0.507 hectares), which are awned by Debly and are being proposed for rezoning to allow for the expansion of the existing quarry operation and ultimately future commercial and /ot industrial development. Other parcels owned by Debly adjacent to the proposed quarry are 00298307 (2.22 hectares), 00298455 (3.02 hectares) and 55202774 (which is currently tly attached to PID 00298422). See attached sketch 1 & lA for PID locations and sketch 5 for existing infrastructure locations. 2 45 The current site conditions for PM 00305128 is primarily developed, consisting of paved driveways and parking lots, stock piles, storage and lay down yards, with the western portion of the property being a heavily vegetated green space The developed portion of the property is relatively flat and encompasses the majority of the southern portion of the property. The elevation varies in the developed portion from +3 metres to 30 metres at the northern edge of the property. The elevation +3 metres correspond to an existing watercourse which is a tributary to Marsh Creek. Water runoff Prow this area runs to the south and east of the parcel and eventually enters into a tributary or directly into Marsh Creek. The southern edge of this parcel is within the flood zone as defined by being below elevation 3.44 metres. The thickness of overburden soils along the central and northern edge of the property are relatively thin ( <1.0metres) with organic soils and fine grained soils infilling depressions in the bedrock. Bedrock outcrop is visual in most areas of this parcel with the exception of the southern edge, in the flood zone as soil conditions consist of marine sediments with a thickness ,greater than 3.0 metres from ground surface. The average grade across this parcel is between 1 and 5 %. Parcel 00298422 is primarily undeveloped, with the exception of the southern edge where the working rock face has encroached on the parcel boundary, and where a section to the southwest is being used for storage areas. An access road was established through a portion of this parcel. The parcel rcmains mostly wooded and undeveloped outside of the areas mentioned above. The trees present on the site have no inatket value, given their variety and size. This parcel has a peak elevation of approximately +65 metres. The runoff drains naturally to the west towards Route 1 highway and to the east towards a low lying wet area within PID 00298455. The low lying area drains towards the ditches along the CAT Rail Line which drains directly into Marsh Creek. 3 Parcel 00297333 is similar to 00298422 with the exception that the runoffnatatally drains to the north and northwest towards Route 1. The parcel is considered lightly wooded and the area is fully vegetated with signs of previous tree harvesting operations. This parcel is entirely undeveloped and has a peak elevation of approximately 45 metres and drops to 30 metres neat the northern property boundary. Bedrock can be observed at Outface in many locations and it is estw ated that overburden sod thicknesses are less than 1.0 metres. Parcel 00298182 is relatively small in size and borders a developed property to the north which is used as a vehicle repair shop. The elevation ranges between 10 and 20 metres, with the natural drainage being directed to the east towards the railway ditches. ' This parcel is undeveloped and is considered to be in the flood plain as described by the City of Saint John. Currently there are some areas which water collects and ponds prior to draining to a ditch and into Marsh Creek. Soil conditions are assumed to be marine sediments in excess of 3.0 metres thick. 22. 6 PM 552DZ774 (cot Mgt ofdysten.b�f'catio This parcel is attached to parcel PID 00298422 as a means of access from Walsh Road. Z Z 7 P OD296 9Z (oot r�artr�ar Othis Wp &g jW) This parcel is currently developed with a single residential dwelling and garage. The property is relatively flat with the water table being near surface, 2..2-8 P0517016 (gQ# Awrt oft�� a1c:;tion) Parcel PID 00051706 is an access froth Ashburn Lake Road to PID 00305128. 4 47 2.3 Geological GDaab%tions The geology associated with the Ashburn Quarry as mapped by the Department of Natural Resources and referenced as `Johnson S, C., McLeod, M.)., Barr, S.M. and White, C.E. 2005. Bedrock geology of Saint John area (tM 21 G /08). Saint John, Kings, Queens and Charlotte Counties, New Brunswick Department of Natal Resources, Minerals, Policy and Planning Division, Plate 2005 -31 ", is classified as a Brookville Gneiss ftom the Middle Neoproterozoic age. The Brookville Gneiss can be described by having dark grey to pinkish, fine to medium grained, banded and locally migxnatic patagneiss with minor talc - silicate, marble or quartzite layers. grey medium grained granodioritic to tonalitic orthogneiss with locally abundant biotite schlieren and amphibolite: the gneiss are locally intruded by vwxw iorite, pegmatite and diabase. See figure 1 for representation of geology in this area, as mapped by the Department of Natural Resources. 5 NOW ORROYBURN Z-CREII x IIXC. 84 . x/f�sr`NI I Figure 7 - Ashbum Lake Road Geology Map x .® £Osj, SINN 7E ;/ 4 65 This type of bedrock is known to be relatively massive and bas a specific gravity of appronimately 2.69 to 2.72. Laboratory testing on the agates produced at this site shows the rock is aunpeteent with a high resistance to abrasion„ freeze thaw and chemical attach. .. These are desirable cbamct=sttcs for highway and road construction aggregates as well as asphalt aggregates, which have higher physical property requirements and perfonnance expectations. The aggregates produced at this site meet all physical specific2fum properties for construction and asphalt aggregates as required by the City of Saint John and the Department of Transportation and Infix tructure. 3.0 EUS7WO OPERATIONS The existing quarry is owned by Debly Resources Inc. and has been operated by Debly Enterprises for the past 15+ years. Yearly aggregate production averages 250,000 tonnes per pear, with almost all aggregate products being supplied to projects across the southern portion of the province with. a focus on the greater Saint John area. Aggregates produced at this quarry range from bedding stones, highway quality aggregates, rock protection /armour stone, sands and asphalt aggregates. The quarry operation supplies directly and indirectly to City of Saint John through construction projects, direct purchase agreements with the City purchasing agents, aggregate supply agreements on tendered road Ind pipe projects and supplying other contracts working on capital projects within the City. The same is true for private developments and other projects in the greater Saint John area. The existing operations at the Ashburn Quarry are typical for a quarry operation which includes drilling and blasting rock, processing the blasted rock into different sized aggregates with a crusher and wash plant, and stockpiling finished product to be used on different projects. See sketch 5, for a site location plan of existing conditions. 3.1 Permits &APPMFX& The Ashburn Quarry currently operates with a Certificate of Approval (COA) which allows the quarry to operate complete with blasting and crushing operations. The COA is administered and regularly reviewed by the Departtent of Environment and Local Government (DELL) with regular reporting requirements as part of the conditions to operate- 7 50 The reporting consists of monthly des of all complaints received from local neighb ours related to the quarry operation, a summary of environmental spills and releases, and a summary of each blast that occurred during the previous month at the quarry. In addition to the monthly blast summmy, each blast is monitored with a minimum of two blast monitors which measure both ground vibrations and air pressure (shock waves) caused by blasting operations, The DELG has set maximum allowable peak particle velocity fox any blast to be 125mm /s and the air press= equivalent to 12801 Within 24 hours of a blast the data obtained from the blast monitors are sent directly to the DELG fat review. In addition to the COA issued by the provincial government, a Iand Excavation Permit is obtained each construction season from the City of Saint John Building and Technical Services. 3.2 Qrsttty 0, peratron Faeifitles The existing quarry* operation is well established and has been operated by Debly for the past 15+ years. The quarry operation is managed and operated entirely by Debly with all survey, drilling and blasting, crushing, washing being conducted by their own crews. FlY .� 1.�,• Debly owns several air rotary track mounted rock drills, which are used to create holes in the bedrock, along the working face of the quarry, to be used with the explosives. The drillers place holes at locations as per the blast design which is created by the certified blaster and verified by a Professional Engineer, who will perform the blast monitoring and reports. Each blast is designed based on a number of variables, some of Which include; height of rock face, required /desired volume Of rock, size of blasted rock, distance to existing facilities and residences, and other minor considerations. On average, each blast died out at this quarry in the past 5 years has 10,000 metric tonnes of blasted rock. All blasting activities are in full compliance with requirements set out by the Department of Natural Resources, the New Brunswick Department of Environment and Local Government and the Occupational Health and Safety Act and Regulations. 51 Debly owns and operates a state of the art semi -mobile crushing spread which consists of jaw and cone crushers, vibrating screetum and stacker conveyors. Included in the prunary crushing equipment are dust suppression features which help keep fugitive dust to a minimum. Water is supplied to the mother by a shallow onsite well. The hours of operation for the crushing operation are typically between 7am and 8pm which are compliant with the City of Saint John's pits and quarries by -law. UYTTIWI To further process aggregates beyond the crushing activities, a wash plant has been installed to manufacture "clean" or "clear" products. The wash plant is complimented with a sedimentation pond, which retains the silt laden wash water prior to being discharged, The sedimentation pond is routinely cleaned to allow for a full retention time during production. The silt excavated from the sedimentation pond is trucked to other parts of the quarry and is re -used with other products, ie. =jxed with organics and sand to make topsoil. �i1- X11.. _ M.� With the production of aggregate and the volumes used over the course of a construction season, sizable stockpiles are required to maximize crushing efficiency and still have inventory available upon completion of crushing operations, Typically, up to ten different quarried products are produced and placed into stockpiles for use throughout each year. The products range from armour stone (each stone 8 tonne in weight) to 6.3 mm minus crushed sand, and ate created to meet the specifications and requirements of City of Saint John, Department of Transportation and Infmstructure, and other private owners. The size of the individual stockpiles can range in size from 1000 tonnes to over 50,000 tonnes depending on the material, size and the anticipated demand for the product: 'The larger sized stockpiles typically are made up of 25 rnm minus and 75 mtm minus crushed rock and are located along the outer boundary of the quarry, along Marsh Creek, These stockpiles are generally created first and act as a buffer between the crusher plant and the properties to the east. 0 52 These stockpiles not only serve as a visual buffer from adjacent properties on McAllister Drive/ Rothesay Avenue, they also function as a sound barrier, reducing the overall noise observed by the neighbours. 3.3 OpmfionlPmcedures As part of the day to day operations of the quarry and processing facilities several steps andpre-cautions are taken to prevent disturbance to the public and neighbouring properties. These steps include full paved yards and driveways into the facility with the exception of the quarry floor where processing takes place and where stockpiles are located The paved surfaces are swept regularly to prevent the dust from becoming air borne and to minimize the chance of creating silt laden runoff during storm events. Sweeping the driveways, in particular helps keep mud and debris from being tracked onto public sheets. Non -paved areas are watered during dry periods or as deemed necessary in the summer to minimize fugitive dust (dust leaving the property) being generated due to equipment and trucks. Water is Obtained onsite from several non - potable wells. The crusher also uses water from these wells to spray the aggregate being processed to help keep air borne dust to a minimum. Stockpiles are located along the perilm -ter of the property and act a visual, noise and dust barrier from the public and neighbouring properties. As required by the City of Saint John by -law, operation of the aggregate processing facility is carried out between 7:00 am and 8:00 pm Monday to Fridays, with the exception of holidays. It is not anticipated that the hours of operation will change. 4.0 C0IV7LNUED OPERATIONS To continue with the current quarry operations, the adjacent parcel roust be rezoned to accommodate the existing quarry expansion. The existing quarry has a properly established working rock face that maxinnizes blasting efficiencies with a large rock face that is oriented in straight lines with consistent benches. The existing working rock face is currently angled in such as way as to minimize vibrations during blasting procedures, while maintaining an efficient working area that maxitrLizes production and reduces the risk of blasting damage. k0 53 The current working rock face runs east to west, in a direction that is perpendicular to the bedroclr's peak. This working face, directs blasts back towards the stockpiles and not towards RothesayAvenue, should there be fugitive fly tock_ Also, the back side of the working face will experience the highest vibrations due to equal and opposite reactions caused by blasting and moving or "throwing" the bedrock may ftom the working face. The back side of the current working face is vacant undeveloped land, so vibrations are dampened and absorbed by the existing bedrock with negligible to no affect to the neighbouring properties. The sound created during a blast is known as an air blast or overpressure and will generally be highest in it direction perpendicular to the blast .face. With this quarry the air blast is directed to the south, with a minimum distance of 450 metres to the nearest structate. With the proposed expansion, the working face would -remain in approximately the same orientation as the existing face, and the length of the working fate would vary depending on the eastern bedrock slope and the western end of the property. Currently, the working face is removed in two parts, the top half of the working face and the bottom portion, this is also known as "benching ". This is to maximize drilling and blasting based on geometry and limitations. Future work will most likely require two to three benches as required, given the peak elevation of the existing MU As the quarty's working face advances into the bill, the location of the crushing operation will, follow to min»nI c the distance between the blasted rock and the crusher. Likewise, the stockpiles will advance with the progression of the working face. It is estimated that the working face currently has a length of approximately 200 metres long and a working height of 25 metres. As the face progresses, this height will increase to a maximum of 57 metres which corresponds to the peak elevation of the hill. Drawing sketch 7 shows paint values of anticipated cuts from existing surface to final design grade. Based on existing elevations across PID 00305128, 00298422 and 00297333, the total estimated volume of rock to be removed from this existing and proposed quarry footprint is in the order of 9.8 million cubic metres which equates to just under 26 million tonnes of material. Given current market demand, this gives the total. quarry And estimated life of approximately 103 years from today. 11 54 Al St+ommuterManagemeat The stormwatet generated at Ibis site is currently stored in the quarry floor, where the bedrock has been over- blasted which created voids in the rock. The water stored in the rock voids, then slowly percolates through the watercourse buffer soils which are sandy silts that have a lower permeability than the blasted rock, allowing the stonnwater to be attenuated. As the quany floor expands with the progression of the working face, the available storage volume will also increase. At some point, the available storage in the voids in the quarry floor will not meet the runoff volumes generated and a pond would be required. Sketch 10 shows the conceptual location of the proposed stormwabet pond. With a pond of this magnitude, it will most Mwly be constructed in phases as the storage demand requirement increases with time. 5.0 FUTURE UEVELOPMEN7' With the strategic location of these properties, the residual, value of the properties will not decrease when the rock resource is removed, the value will increase given the centralized location and proximity to both industrial and commercial zonings. See sketch 12 for a conceptual site layout plan for it proposed future commercial development. 6.0 PROPOMUJdVAICIPAL FLANA&UUWAIZYM For this application, we are proposing to move the Primary Development Area (PDA) boundary to the south property boundary of PID 00298422 and the south and east boundaries of PID 00298182. The proposal is to amend the future land use designation of the PID 00298422 and 00298182, as a result of the proposed relocation of the PDA, this property would then be located outside the PDA boundary and the Urban Reserve designation could be changed to Rural Resource. The proposed amendment would align the land use designation of this property with the adjacent PID 00297333 which is currently outside the PDA boundary and classified as Rural Resource. The proposed amendment would then allow for the zoning of the PID's to become "PQ" Pits and Quarries. (See attached sketch 3 fora site plan showing the existing land use and Municipal. Plan PDA line. See attached sketch 4 for a site plan showing proposed land use changes and Municipal Plan adjustments for the PDA line and land. use 12 55 Currently PID 00298422 has several land use designations and is bisected with the Plan Saint John PDA boundary. The current land use designations within this parcel are heavy industrial, rural resource and urban reserve. PID 00297333 is primarily outside the PDA boundary and the future land use mapping indicated that property is identified as rural resource. A smaller section of the parcel is within the PDA and is identified as urban reserve. PID 00298182 is mostly within the PDA boundary and is currently classified as urban reserve, with the exception of a small portion on the west end of the parcel. PID 00298455, 55202774 and 00298307 are currently urban reserve and will remain as such. 7.0 PROPOSED RE_ZOJVLVG Currently the zoning for PFD 00305128 and the southwest corner of PID 00298422 is zoned for IM Medium Industrial. and a portion of 00305128 has Heavy Industrial zoning to accommodate the stationary asphalt plant. As a note, the previous zoning for PID 00305128 was heavy industrial (I -2). Given the current operations of the quarry and construction business, the Heavy Industrial. zoning better suits PID 00305128 and the western portion of PID 00298422, as the Heavy Industrial accommodates mote activities which compliment and go with the current site activities. Currently, there are several land uses at the site that could he classified as Heavy Industrial use such as bulls fuel storage, outdoor storage of a variety of products ranging from concrete and scrap metal and the future possibility of a concrete plant The bulk fuel storage is related to bulk diesel storage tank on site which provides fuel to Debly s large truck fleet (70 +) and heavy equipment which is based out of the site. With the existing metal shop on -site, metal scrap is salvaged from different projects and returned to the site for processing. Processing consists of salvaging precious metals, unique steel members and general parts that can be used with other parts of the operation. The salvaged metals are then used for maintaining and rehabilitation of the exsdng heavy equipment and truck fleet, as well salvaged metal is used for temporary measures such as shoring on pipe projects. Any metal that is salvaged and deemed unnecessary is then recycled at one of the local metal recycled. With the industrial nature of projects in the City, and the strategic location of this site, it is not 13 56 unreasonable to setup a mobile concrete plant at this site especially since an asphalt plant is far more intrusive and noxious than an concrete plant. By way of an example, asphalt plants are required to conduct regular sche&Aed emission testing to ensure that air emissions are below set st oadards, which is not required for concrete plants. Based on the above items we are proposing to change the Industrial Zoning to Heavy (IM and not Medium OXas has been designated by ZoNESJ. The majority of PID 00298422 is currently zoned Rural (ILq and Future Development (FD). PID 00297333 is currently Rural (Rq, PID00298182, 00298455, 55202774 and 00298307 is all Future Development (FD). For this application we are proposing to rezone PID 00298182, the eastern and southern portion of 00298422, 00297333 to PQ Pits and Quarries to match the current and future operations, which allows for the progression of the quarry operations. PID 00298455, 55202774 and PID 0029 8307 can remain as Future Development (FD) as they will fall within the buffer of the quarry operation and there is no need to remove rock from these parcels as they are currently below future conceptual grades. See attached sketch 1 & 1A for previous and current zoning mapping and sketch 2 for proposed rezoning boundaries. A variance will be required for the mandatory 50m buffer between the Pits and Quarry (PQ zoning and a Industrial zone on PID 00298422 and 00305128, as the 50m buffer will affect the existing operations and rock face of the quarry, Both properties affected by the variance are currently owned by Debly. &0 HHHABTZJTATIQN As with any pit and quarry site, rehabilitation will be conducted with the progression of the quarry floor. The type of rehabilitation will not be typical as the site is being designed and constructed to become a future commercial/ industrial development Rehabilitation of the site can be completed along the edges and buffers of the quarry which will knprove the site distances and act as visual and sound attenuating buffers. To rehabilitate the quarry floor at this point is not possible as the stockpiles can not be located too far from the wash plant and asphalt plants. In the 15 to 20 years it may make sense to move the aspbalt plant and wash plant closet to the rock 14 57 face, however to do that in the near future will not make operational sense. Given that the quarry is also a base of operations for other Debly Enterprise and as such hae a need for pipe Yards, parking, and other storage &cihties, the natural . location of this storage will be the quarry floor so as not to be within the footprint of the expanding quarry. As Debly Enterprises grows its aggregate business, then the need for quarry floor spate is increased to satisfy the size of the stockpiles that will be required Debly will make a commitment to rehabi-litate and install landscaping features along the perimeter of the property as the quarry progresses and will review rehabilitation of the quarry floor in the future. See sketch 11 for rehabilitation, plan. 9.0 CONCLUSIONS /CLOSURE The existing Ashburn Lake Quarry is owned by Debly Resources and operated by Debly Enterprises Limited. They have an established operation with all infrastructure, procedures and practices suitable for a quarry operation. 15 � I �,_i : ,-' � � ,erg -�i � - - -- - �-- -- --' •• � 1 RF ' I j PID \ h 55208.510 1 PID (wYaM22 DEBLY 1 I PID 00287333 '1 I DEBLY P10 7 SZ -i PID 00905128 80 5 '148414 DEBLY 1 RS-2 I 15 lh -Y} � 1 , � ✓ , 1 � a y� '� r PID 55172M Il 1 } 1 ASHBURN LAKE ROAD, SAINT JOHN 1111 /` i ti 5 PRO.WrT: 1 A . ti�ti PID 5 1 - r' RE— ZONING APPLICATION PID 004311067 f i 84LY 56 / $Z -9 ASHBURN LAKE ROAD, SAINT JOHN, NB DRAYAWIX JJ � J � 1 0D02.EB ' y _ ~.l � —_' -' �— ZONING —PRE ZONE SJ PID 35207*W. ~ — 1 PID- IP D5' f—I �TrT r LEGM Q URNEM ONE P� �. } oozae9o,�., Z •��!�� �.-_ �---1 ��� �� t -T ` \ �i' `��,1 .c r RfJn © INDUSTRIAL. ZONE Q INSRTUTKINAL ZONE Q PARK ZONE Q RESIDENTVIL ZONE (Ro Q RESIDDM&L ZONE (RS2) - - -_a SCNE 1:S000 ME04C Q SPECIAL ZONE F I ,` "-\ , j. � 100 50 O 100 200 300 59 F F RU T F — _fL F IH ,1 - -_ . AID 00051898 IND 55172836 1 -1 -``T 77 - l—`; Ti � CORRIDDR COMMERCIAL ZONE (CC) GENERAL COMMERCIAL ZONE (CG) FUTURE DEVELOPMENT ZONE (FD) HEAVY INDUSTRIAL ZDNE (IH) F—I MEDIUM INDUSTRIAL ZONE (IM) LIGHT INDUSTRIAL ZONE (IL) NEIGHBOURING COMMUNITY FAcluiy RURAL ZONE (RU) 'j- FEE] ROUTE LRY] FFu7 PID 55208510 PID 00298422 k DE110 I PID 0029T433 DEBLY PID 00305128 14 DEBLY FTm7 PID i5-2�1729F PID 5'0D72KL_ ."t- I T — � L. __ m__Juj >e ZONE (CFN) lx� LAI AL Efl ASHBURN LAKE ROAD, SAINT JOHN %o ; ^. ` _� RE— ZONING APPLICATION 0 0298455 ASHBURN LAKE ROAD, SAINT JOHN, NO DEBLY DRAWN& _Y ME WALE I:WM NEW IOD 50 0 100 200 300 RU FTFI PID 0005,098 PID 55172830 - - - - ---------- EKI Fr7-c E�El PID 552DO610 PID ODAB422 IH DEBLY PlUrT333 11 Y PID 0113191213 DEDLY v E0 I WENT. E6fl % ASHBURN LAKE ROAD, SAINT JOHN FD PROJECT: E] l PID RE-ZONING APPLICATION AS"GURN LAKE ROAD, SAINT JOHN. NB m 00298455 PID DD430067 DEBLY 1-r I PROPOSED RE- ZONING r PID SM72B^. - - ------ . .............. r — 7— -, --v I I ! - - !-rT-T7-- - CORRIDOR COMMERCIAL ZONE (CC) PITS A QUARRIES ZONE (PQ) FUTURE DEVELOPMENT ZONE (FD) HEAVY INDUSTRIAL ZONE (1H) MEDIUM INDUSTRIAL ZONE (BA) LIGHT INDUSTRIAL ZONE (IL) NEIGHBOURING COMMUNITY FACILITY ZONE (CFN) RURAL ZONE (RU) DEBLY N7 SCALE I:Ww Mom IDO 50 0 10D 200 300 61 62 1, I r ��� PID00lKS898 PID 55577938 OPERTY BOUNDARY PRIMARY DEVELOPMENT AREA BOUNDARY (PDA) HEAVY INDUSTRIAL 0 LIGHT INDUSTRIAL Q URBAN RESERVE Q PARK & NATURAL AREAS Q RURAL RESOURCE Pro D03051913 DESLY PID Ol430P87 � 1 I � I Pro �2orzsu H PID RlEM$ 411, RR 1 5 , ♦' 1 �_ r �1 1 f 1 I EXISTING PRIMARY 1 i DEVELOPMENT AREA 1 j BOUNDARY 1 4 (PLAN V, 1 1 PID 00?YB422 ` DEBUt 1 PROPOSED PRIMARY 4 PI000?973.53 DEVELOPMENT AREA \ ` 1 1 A RR i DEBLI F � :9 i rte•,•_- �.. .� �,� POP �� r� � ♦ rr rr rr 63 �y Da WIN II ROUE �. I f O1TVE9 P 22 t 1 -' I,OW N _ '� -� -•�- PRDD29T3.'13 1 :PL= DEBLY PID 11 r'� •.� meek •.Jfl OOD¢5128" , Y _ l , 1 N 002M14 iLOOA7lQN OF •p(P�DSNE MATERIIJ.S' J _ _ _. _. . _ -- - CE WITH NR) EX - -- . STOCK LE (PFRMfL !N ' l PU < g PID 00051WB / LOCATION CLIENT: PID 5517293L a ; ! � PRO.>Ec PID PID0043D D0290455 967 ^ A DERLY PID 5520r294 f ! -7-7 TTT-r M MPROPERTY BOUNDARY EX BUILDING OR FIXED STURCTURE =EX. STOCKPILE AREA ,--EX. MAJOR CONTOUR: 25.Om —,EX. MINOR CONTOUR: 5.Om e%,,,oUMIT OF FLOODPLAIN: 3.44m .. le m PID I \\\, 55206510 i� 1 - - - L'3 ID PID 00051899 r PID 55172938 4DUTE T PID 55207294 y� LEGEND PROPERTY lz BOUNDARY EX. BUILDING OR FIXED —TWEly �ve�ue STRUCTURE LZICONSTRUGTION BUFFER mmm w s AM VFAETAgN TO --m 65 al 50m BUFFER I � ` \\ PID 55208510 PID 00299422 y `/ } a DEBLY F, PID 00297333 r ^ B FER / r DEBLY PID i PID 178 DESLY 8 002BE414 50m BUFFEg, IL CLIENT: �\ a ASHBURN LAKE ROAD, SAINT JOHN ~ S a PID PRO.1ECr, RE- ZONING APPLICATION tig 00798455 ( PID 00430967 RESIDE DEBLY 1 ASHBURN LAKE ROAD, SAINT JOHN, NB .� _ ...� ORAWIN[► PID 55207294 y� LEGEND PROPERTY lz BOUNDARY EX. BUILDING OR FIXED —TWEly �ve�ue STRUCTURE LZICONSTRUGTION BUFFER mmm w s AM VFAETAgN TO --m 65 al 11 1 Roj)?-E / . 4 PID 80298422 , o OEBLY ti Pm 00297393 P$ u$� �, o DEBLY � PID PID 00006128 002MM14 I DEULY 8 yp PID OOD51880 4� 2� +- CLIENT i v PID 55172898 3 Y • ` PROM PID00430987 P4 DO02BB455 LL GM BOUNDARY T rX. BUILDING OR FIXER STRUCTURE CONSTRUCTION BUFFER (cram eats no � m mxp MtlEnf3MXTION ATED VOLUME 9,849,481m' MAXIMUM CUT DEPTH 56.9m SLOPE RANGE 1.05 TO 1.25:1 -' �11--\ VA y D1BLY� ROTNESAY AVBIUE � 1 � r -ice 1 • • I PID 3.5208510 it 67 MATCH TO EXISTING GRADE + N RaitET (TOP OF SLOPE) . / X �7 TOE OF SLOPE r >< Tlax ` MATCH TO EXISTING GRAD / 1 OP OF SLOPE) \ PID 55208.510 I.OR PIbDEBLY 22 TO OF SLOPA �1,D% PID OM 333 ` -7 �- PID r- `� 1` PID 00305128 I I DEBLY v 0079M14 ww El PID 00051890 aw 1708 ` v Y MATCH TO EXIS INdI \ GRADE TOE OF SLOPE (TOE OF SLOPE) MATCH TO EXISTING GRADE t\ I (TOP OF SLOPE) i �� PID551729M - a ASHBURN LAKE ROAD, SAINT JOHN . V � PROJECT: o PID RE- ZONING APPLICATION PID 00430987 00298455 ASHBURN LAKE ROAD, SAINT JOHN, NB DEBLY DRAYnND GRADING PLAN PID 55207284 L� PID 552072 PID ` 7 BRUNSWICK DEBLY k„tJ ErI®neering &Consulting Inc. Z PROPERTY BOUNDARY ,�i'EX. BUILDING OR FIXED STRUCTURE ROTI68AYq+ME _ �oAL�m�1bdPDevlMe.s� NB CA 43 e.t emamwmrmc �ema+Oa L_ICONSTRUCTION BUFFER DRAWN BY: DATE' MOSI'M 7RMS AND YEKTATION TO ROO" KMJ as-,dW -2015 --�� 9I.ALE: PROJECT N. - -TOE OF PROPOSED SLOPE SME' 1-'WW META 1:5000 2005.01 100 50 O 100 200 300 REyIaxTN: Bl�rcxt 67 SITE SECTIONS NORTH —EAST SCALE HOR2 1:10000 VERT 1:1000 .mm-_ BRUNSWICK Englmering & Consulting Inc. W Mlgim Up Rwd PO Bn � We.9Nnbin Nbfh4 Y16RRtl•1DiG6la:lORi •ltYl® —_mm anti Kw Em. SCALE: -m PROJECT No. m- AS SHOWN m- REVISION: -m_ SOETCM. 1 ' MA . .mm-_ BRUNSWICK Englmering & Consulting Inc. W Mlgim Up Rwd PO Bn � We.9Nnbin Nbfh4 Y16RRtl•1DiG6la:lORi •ltYl® —_mm anti Kw ", SCALE: -m PROJECT No. m- AS SHOWN m- REVISION: -m_ SOETCM. 1 ' MA . =-m_ _m - ' M- = =MM_- I SECTION LOCATION PLAN SCALE 1:10000 r t -- — • • ___m_- BRUNSWICK Englmering & Consulting Inc. W Mlgim Up Rwd PO Bn � We.9Nnbin Nbfh4 Y16RRtl•1DiG6la:lORi •ltYl® —_mm anti Kw ", SCALE: -m PROJECT No. m- AS SHOWN m- REVISION: -m_ SOETCM. 1 ' MA mmmrm-. --m__- BRUNSWICK Englmering & Consulting Inc. W Mlgim Up Rwd PO Bn � We.9Nnbin Nbfh4 Y16RRtl•1DiG6la:lORi •ltYl® DmWN 1n: --mm anti Kw ", SCALE: --mmmm PROJECT No. AS SHOWN 2005-01 REVISION: -m---m SOETCM. 1 9 -m___m _m - ' M- = =MM_- SCALE 1:10009 IE011C 200 100 0 200 400 600 iiiiia SITE SECTIONS NORTH— WEST SCALE HORZ 1:10000 VERT 1:1000 CUEPR: ASHBURN LAKE ROAD, SAINT JOHN PRWECT: RE- ZONING APPLICATION ASHBURN LAKE ROAD, SAINT JOHN. NB ORAWINa, SITE SECTIONS BRUNSWICK Englmering & Consulting Inc. W Mlgim Up Rwd PO Bn � We.9Nnbin Nbfh4 Y16RRtl•1DiG6la:lORi •ltYl® DmWN 1n: anti Kw 06 -1AM -2015 SCALE: PROJECT No. AS SHOWN 2005-01 REVISION: SOETCM. 1 9 70 l 1, I I / L�r LOT S LOT 4 LOT 6 2.2Ha 2.1 Ho ` —� 2.1 Ha LOT 7 2.1 Ho �\ LOT 3 1.9Ha L /LOT 2 1 2-2Ha LOT 21 LOT 2Z LOT LOT 24 t` LOT 20 1.7% 2.1H. 1.5Ha r LOT 15 LOT 18 LOT 17 LOT 18 MR. LOT 19 1.&H 0 2.5Ha 1 .5Ha 1.SHa 1 'LOT 2-3Ho LO 14 LOT 13 2. Ha 3.3Ha LOT 12 LOT 11 3.8Ha 3 - 7-lo LEGEND PROPERTY BOUNDARY ROTHtSAYAVENUE [:LlCONSTRUCTION BUFFER 0JOg1.R ,ROB Am vtGm aN TO RBmw) 71 r - -.I � II I LOT 9 3.6Ha 1� t �q LOT 10 3.8Ha 1 BY -LAW NUMBER C.P. 106-_ A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By -law of The City of Saint John enacted on the 30th day of January, A.D. 2012 is amended by: 1 Amending Schedule A — City Structure, by redesignating a parcel of land with an area of approximately 70 hectares, located at 170 Ashburn Lake Road, also identified as being PH) Nos. 00305128, 00298422, 00297333 and 00298182, from Rural Resource Area (outside of the Primary Development Area) and Employment Area and Urban Reserve (within the Primary Development Area) to Rural Resource Area (outside of the Primary Development Area) and Employment Area (within the Primary Development Area) classification; 2 Amending Schedule B — Future Land Use, by redesignating the same parcel of land from Rural Resource (outside of the Primary Development Area) and Heavy Industrial and Urban Reserve (within the Primary Development Area) to Rural Resource (outside of the Primary Development Area) and Heavy Industrial (within the Primary Development Area) classification - all as shown on the plans attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2015 and signed by: ARRETE No C.P. 106 - ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors dune reunion du conseil communal, The City of Saint John a edicte ce qui suit : L'arretd concernant le plan municipal de The City of Saint John ddcretd le 30 janvier 2012 est modifie par : 1 la modification de l' annexe A — Structure de is municipalite, afin de faire passer la designation d'une parcelle de terrain d'une superficie d'environ 70 hectares, situee au 170, chemin Ashburn Lake, et portant les NID 00305128, 00298422, 00297333 et 00298182, de secteur de ressources rurales (hors du principal secteur de developpement) et secteur d'emploi et secteur de reserve urbaine (dans le principal secteur de developpement) a secteur de ressources rurales (hors du principal secteur de developpement) et secteur d'emploi (dans le principal secteur de developpement) ; 2 la modification de Fannexe B — Utilisation future des sols, afin de faire passer la designation de la parcelle de terrain prdcitee de secteur de ressources rurales (hors du principal secteur de developpement) et secteur d'industries lourdes et secteur de reserve urbaine (dans le principal secteur de developpement) a secteur de ressources rurales (hors du principal secteur de developpement) et secteur d'industries lourdes (dans le principal secteur de developpement) ; - toutes les modifications sont indiquees sur les plans ci joints et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arretd le 2015, avec les signatures suivantes : 72 Mayor Common. Clerk/Greffier communal First Reading - Premi &re lecture Second Reading - Deuxi6me lecture Third Reading - Troisieme lecture 73 j wv, March 9, 2015 Mayor Mel Norton and Members of Common Council His Worship and Councillors: Subject: Readiness to Respond to an Oil Train Derailment Motion: That Chief Clifford be requested to give an update to Council on his department's readiness to respond to an oil train derailment. Respectfully Submitted, (Received via email) David Merrithew Councillor — Ward 4 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 74 C March 11, 2015 Deputy Mayor Shelley Rinehart and Members of Common Council RE: City Lights Upkeep BACKGROUND: Over the last number of months I have noticed a significant number of burnt out or flickering street lights throughout the city. It is my understanding that the city and Saint John Energy currently rely on a citizen lead notification system of managing these burnt out lights. Current technology allows for many innovations including lights that "report" when they need to be changed and systems to ensure that lights are regularly changed at the end of their usable life. Addressing this issue will have a positive impact on both safety and community pride. MOTION: Common Council requests that the City Manager direct city staff to complete the following: 1) Survey and replace burnt out and flickering lights located on city property (streets, parks, parking lots, parking garages, etc); 2) Develop a process to more effectively address the issue of burnt out lights. Consider the use of appropriate technology to enable the process. Yours very truly, Mel K. Norton Mayor City of Saint John (P4-1- SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I vwvw,saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 —ter 75 REPORT TO COMMON COUNCIL OPEN SESSION M &C2015 -047 March 10th, 2015 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT : M & C 2015 -047 - 2 - March 10th, 2015 Several windows and doors on the ground level of the apartment building have been boarded up using untreated oriented strand board (OSB). These pieces of untreated OSB have become faded and deteriorated from prolonged exposure to elements such as wind, rain and snow. There is a large set of stairs at the rear of the main building which provide access to the second - storey and third - storey units. These stairs are structurally unsound with missing steps, rotted stringers, and partial repairs. These stairs are dangerous and there is evidence that people have used these stairs to gain entry to the building. These stairs pose a hazard to anyone who may attempt to gain entry to the building through to these entrances. On May 22, 2014 a rear door of the apartment building was found to be open. Subsequently staff conducted an internal inspection and found several signs of vandalism such as holes in walls, sections of copper wire removed from walls, broken cupboards, scattered insulation and a smashed porcelain bathroom sink. There were pieces of loose gyprock hanging from the ceiling. There was also a large open hole in the kitchen floor which was used to provide access to the crawlspace. Buildings that are in dilapidated condition and that are left unsecured from public entry can attract vandalism, arson, or criminal activity. Arson and criminal activity may cause damage to adjacent buildings and may pose hazards to the safety of neighborhood residents. For the reasons described above, a Notice to Comply was issued on October 21, 2014. The owner was served with the Notice on November 3rd, 2014 and the Notice was posted to the front entrance of the main building December 22nd, 2014. The Certificate of Ownership lists a numbered company as the registered owner and the Service New Brunswick Corporate Registry Database lists one director for the numbered company. No appeal was formally requested and the property is considered to be abandoned. Attached for Council's reference are the Notice to Comply that was issued and the affidavit attesting to the service of the Notice on the owner as well as an affidavit attesting to the building's posting. Also included are photographs that show the condition of the buildings. 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 property'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 $10,000 to $15,000 and will take about 4 -6 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. This property will be subject to the topsoil and grass seed pilot program. 77 M & C 2015 -047 - 3 - March 10th, 2015 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 buildings at 302 Germain Street (PID #00001651), in accordance with the applicable City purchasing policies. Respectfully submitted, Katelyn Davis, EIT Technical Services Officer Growth and Community Development Services 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 : U N z z d � �° wOao � v •• �Oti M U � v o`i u bpi N 00 ¢ N b^A 'v "O O Cl) rA 11 y G+ U p Z z 0 �+ z O cd �zM U) � Y v1 ti U O �' v J, in v O rl N O P4 w .� N O Yv. U CI U cp on C7 � ci h d�rryy t�. N O 00 y W a b �" •� a d� O z w ... p a ' � N d 'C N 4) In, b 'C � p O =C Q, ¢ > a 0 to cz N z cd `N N i cn i� f. vi '�" U -�y p d .0 0 Ell '� N a O~ v `� U � ,U ❑ N N vs O 'C s y U U y U v Y ti V N¢ cn ` sU. •�„ o .p y O . a O N w °O` X to �N+ ^� V cam. N 'vUi A • C .b N b N tU. p0 0 ' , r- 'sU. �^ a • O N > p O ti ^:0 od o •y U y O. N �", N O �. sU. U O <� .j' �"^ �' O. H •U '. 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I was able to identify the person served by means of the fact that he acknowledged to me he was Craig Wilcox. SWORN BEFORE ME at the City of Calgary, in the Province of Alberta, this 20th day of November, 2014 A Notary Publi n d r the Province of Alberta BRADLEY WADE LONGEWAY A Notary Public in and for the Province of Alberta My appointment expires Dec. 31, 2914 I� Phillip Oscroft M. CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN IN THE MATTER OF THE BUILDING THAT IS LOCATED AT 302 Germain Street, SAINT JOHN, N.B. (PID number 0000165 1) AFFIDAVIT OF SERVICE I, Katelyn Briana Davis, of Saint John, 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 December 22 "d, 2014, at approximately 11:40a.m. I posted a copy of the Notice to Comply, attached hereto as Exhibit "A ", and a blank copy of the Notice of Appeal, attached hereto as Exhibit "B ", to the front door of the building that is located at 302 Germain Street, Saint John, N.B. Sworn To before me at the City of Saint John, N.B., on the 23`d day of December, 2014 CHRISTOPHER. D IVICKIEL COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEMBER 31ST, 2019 87 GI'U� Katelyn Davis f x E ue s t � f Oo 3 201 - �' 302 Germain StreSaintJohn, New Brunswick Photo 1 PID# 00001651 03 06 2015 302 Germain StreE8gSaint John, New Brunswick Photo 2 PID# 00001651 302 Germain Streetj5aint John, New Brunswick Photo 3 PID# 00001651 i� f , r All r - 1 302 Germain Street0aint John, New Brunswick PID# 00001651 Photo 4 L ; f" a L �4 O Interior of Shed 302 Germain Street, Sain hn, New Brunswick PID# 000651 Photo 5 Interior of Shed 302 Germain Street, Sai ohn, New Brunswick PID# 001651 Photo 6 K .-"N 302 Germain Streetj4aint John, New Brunswick Photo 7 Interior of Apartment Building PID# 00001651 302 Germain Streetg�pint John, New Brunswick Photo 8 Interior of Apartment Building PID# 00001651 302 Germain Streetg�pint John, New Brunswick Photo 9 Interior of Apartment Building PID# 00001651 302 Germain Streetq! *aint John, New Brunswick Photo 10 Interior of Apartment Building PID# 00001651 REPORT TO COMMON COUNCIL OPEN SESSION M &C2015 -046 March 10th, 2015 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT : M & C 2015 -046 - 2 - March 10h, 2015 rain and snow. There are multiple holes in the rotted exterior clapboard siding; in addition to, a large portion of cladding missing from the south easterly corner of the exterior wall leaving a large section of plank sheathing exposed. This plank sheathing has become severely rotted and deteriorated from extended exposure to the elements. If left in this condition the structure will continue to deteriorate at an accelerated rate. An internal inspection of the apartment building was conducted on September 10`h, 2013 which noted several signs of vandalism including copper wire removed from several walls, many large holes in ceilings and walls, as well as broken pieces of gyprock, insulation, and other debris covering floors in several rooms. The top portion of the north wall of the apartment building is leaning significantly which provides evidence of the lack of support in the structure. Further evidence of structural failure is the south easterly corner which has twisted away from the attached portion of the neighbouring building and is showing signs of leaning consistent with that of the north wall. Additionally, the stairs on the east side, which were improperly constructed, are in deteriorated condition. These stairs provide direct access to the second - storey unit and pose a hazard to anyone who may attempt to gain entry through the second - storey unit. For the reasons described above, a Notice to Comply was issued on February 9, 2015. On February 10, 2015 the Notice was posted to the front entrance of the apartment building and the owner was served with the Notice on February 18, 2015. The Certificate of Ownership for the property lists a one individual as the registered owner. No appeal was formally requested and the property is considered to be abandoned. Attached for Council's reference are the Notice to Comply that was issued and the affidavit attesting to the service of the Notice on the owner as well as an affidavit attesting to the building's posting. Also included are photographs that show the condition of the buildings. 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 property'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 $10,000 to $15,000 and will take about 4 -6 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. This property will be subject to the topsoil and grass seed pilot program. .. M & C 2015 -046 - 3 - March 10h, 2015 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 Struetures By -law, to arrange for the demolition of the buildings at 300 Germain Street (PID #55184196), in accordance with the applicable City purchasing policies. Respectfully submitted, Katelyn Davis, EIT Technical Services Officer Growth and Community Development Services 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 100 � � O N 0 0 O z z kn O 0 en F° ti z O M•a a°� R" r� �,•, H •rA ,C a A C>C RN O a> D D a oft A•�N = Cd 3 "C C) y 'fl v •p i0. m WD Wl z ° ri ,o at 7 Y 4- 7-4 a z O 0 C E.., 0; C.4) v O ai p E� et � � a� •p„ '� A O •� w C7 � �. z C O k A PC 0 ° 3 a PC�a O h 0 0 A 'C 0,0- U-0 0 >4 N ? r- i.. 0 aoi En 0 cd O tg N d 0 N U ,•a N 'C U •'O co y • v, N N 'CS O cd t� N 4) c d O C U O O U '%. CD 0� � sU vQ," Cr e� _ .. w ,� 0. 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I was able to identify the person served by means of the fact that he acknowledged to me he was Craig Wilcox. SWORN BEFORE ME at the City of Calgary, in the Province of Alberta, this 18th day of February, 2015 A Notary°Pizblic in and for the Raymond Kirk Province of Alberta BRADLEY WADE LONGEWAY A Notary Public in and for the Province of Alberta My appointment expires Dec. 31, 2017 109 ; 0 1n�7_1 PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN IN THE MATTER OF THE BUILDING THAT IS LOCATED AT 300 Germain Street, SAINT JOHN, N.B. (PID number 55184196) AFFIDAVIT OF SERVICE I, Katelyn Briana Davis, of Saint John, 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 February 10th, 2015, at approximately 2:35p.m. I posted a copy of the Notice to Comply, attached hereto as Exhibit "A ", and a blank copy of the Notice of Appeal, attached hereto as Exhibit "B ", to the front door of the building that is located at 300 Germain Street, Saint John, N.B. Sworn To before me at the City of Saint John, N.B., on the 10th day of February, 2015 CHRISTOPHER D MCKIEL COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEMBER 31ST, 2019 110 671f�"Cf -V3 Ka elyri Davis Is 300 Germain Stregl,lSaint John, New Brunswick PID# 55184196 Photo 1 A 7 1 j A Mal I` 'I' jl� 300 Germain Stregtj5a nt John, New Brunswick PID# 55184196 4 �I :.tV Photo 2 , ij f�i 00? �� �• Ale mr r - r' �, t1 1 w� a. i r v ''r A 0 i 300 Germain Stree� f4int John, New Brunswick PID# 55184196 Photo 4 i� '2 Interior of Shed 300 Germain Street, SaiA14t n, New Brunswick PID# 556 03 06 2015 Photo 5 r I VAL 4k - a ,rt .. � � •l fir' �' r Interior of Shed 300 Germain Street, Sai�j � hn, New Brunswick PID# 5518196 Photo 6 } Y I�. 9M T -� °'M 300 Germain Streetj�aint John, New Brunswick Interior of Apartment Building PID# 55184196 Photo 7 I 300 Germain Stree4 gint John, New Brunswick Photo 8 Interior of Apartment Building PID# 55184196 a REPORT TO COMMON COUNCIL March 10, 2015 M &C2015 -51 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: WINTER MANAGEMENT PLAN — PRIORITY 4 STREETS BACKGROUND The City of Saint john At its March 2, 2015 Meeting, Common Council "RESOLVED that Common Council request that the winter management plan be referred to the City manager to review the priority 3 and 4 street plowing deployment system and report back to Council." This Report provides information concerning this direction. ANALYSIS In the last 5 weeks, road conditions on Priority 3 and 4 streets have deteriorated considerably and the public is seeking snow plowing and removal in a timely manner. Members of the public and Council have often asked why a plow continues plowing a seemingly bare street with sparks coming off of the blade or a plow truck is driving along with the plow up off of the road while other lower priority streets have yet to see a plow. This is a legitimate question that will be answered following some information about the Plan and the challenges in meeting the Service Objective timelines during this period. The Winter Management Plan for Streets and Sidewalks (Plan) came into effect in late 2009 after a particularly difficult winter. This Plan outlines street plowing priorities and Service Objective timelines based on existing resources that set public expectations regarding the level of service the City could reasonably deliver. For Priority 3 (collector streets, minor bus routes and industrial parks) and 4 (local and subdivision) roads, these Service Objectives are; Priority 3: 12 hours after end of storm - bare pavement, centre line 3 days after end of storm - bare pavement, travel lanes Priority 4: 12 hours after end of storm - accessible, snow pack 4 days after end of storm - bare pavement, centre line 119 Winter Management Plan — Priority 4 Streets March 10, 2015 Report to Common Council, M &C 2015 -51 Page 2 Since 2010, the 5 year average for meeting the timelines for the primary and secondary Service Objectives were both at 97% which indicates that, for the most part, service is being delivered within these timelines. Within Part 3 of this Plan, there is the caveat that "Storm /temperature severity and successive storms could limit or preclude attainment of objectives, and severely restrict capacity to clear ice /snow -pack from street surface ". Where the 10 year average annual snowfall is 216cros and 320cros of snow has fallen within 5 weeks, it is reasonable to state that this caveat rings true. The average Storm Severity Index (SSI) for 2013/2014 was 41 and it was perceived to be the `winter that is never going to end'. This winter to date, the average SSI is 62 and the SSI average is 88 between January 26, 2015 and February 25, 2015. An independent Core Service Review conducted in 2012 indicated that the deployment model was at a Gold level where service is more proactive than reactive. The Service delivery model was assessed at the Silver level indicating that the Service Objective timelines are typical across other comparable municipalities in Canada. A recommendation was made to reduce the winter service level on Priority 3 roads from 12 hours to 18 hours to meet the bare pavement, centre line primary Service Objective and on Priority 4 roads from 12 hours to 24 hours to meet the accessible, snow pack primary Service Objective. The City has not adopted this recommendation to date. The frequency /severity of recent storms has created a situation where the plow /wing units could no longer push back snow to the curb line. All streets became narrow and snow removal was required. Snow plowing was suspended for 10 hours during a blizzard for the safety of the operators. This created a situation where the heavy plow units could not even plow the amount of snow forward let alone push back to the curb line. At the request of SJEMO, plow crews were diverted from plowing to assist with the fire scene on Prince Edward Street leading to delays for plowing lower priority streets. Each time an Overnight Parking Ban in the South Central Peninsula was to be called, another major storm arrived having a cumulative effect that lead to SJEMO calling a Local State of Emergency for the South Central Peninsula. All resources were allocated towards this effort creating delays in plowing lower priority streets. Priority 3 and 4 streets make up 67% of the overall street inventory. There is a defined amount of personnel and equipment assigned to deliver street plowing services. In 2012, 3 heavy plow units were eliminated as the result of a 0% budget request. The reduction of these units did not severely impact the ability to meet the Service Objective timelines until the last 5 weeks. Since the timelines in the Plan included these 3 units, adding 3 units are not expected to reduce the timelines on the Priority 3 and 4 streets. It is expected that meeting the Service Objective timelines would increase above the 97% average. Each additional plow /wing unit added after the 3 units are replaced could reduce the Service Objective timelines by one hour depending on the storm severity and frequency. Each additional plow /wing unit costs approximately $275,000 with annual operating costs in the order of $37,000 depending on the frequency /severity of the winter storms. Additional personnel would be required to operate the equipment. The City currently has 4 loader blowers that are used to widen roads and remove snow when required throughout the City. They are mainly used to remove snow on narrow streets in the dense and urban areas to provide adequate access for emergency vehicles. The recent storm frequency and severity could be considered as an anomaly rather than the norm at this point. The 120 Winter Management Plan — Priority 4 Streets Report to Common Council, M &C 2015 -51 March 10, 2015 Page 3 addition of 3 large loader blowers would certainly impact the ability for the City to remove snow from lower priority streets in a timely manner. Each loader blower costs approximately $100,000 and the operating budget would require an increase in contract trucking since these blowers are limited where they can `free blow' the snow. There are 8 routes with plow /wing units that are dedicated to only plowing Priority 1 roads. The remaining plow /wing units service priority 2, 3 and 4 roads within 21 routes. There are 12 salters /sanders with front plows that have 12 routes that cover the entire City network consisting of over 1200 lane kilometres. When a citizen reports a plow going down the street with sparks coming off of the blade, that plow is working to push snow back past the curb to make more room for the next storm. Push back operations often occur for up to 4 days after a storm ends depending on the storm severity and how quickly the salt is working to provide bare asphalt depending on the temperature. It is not acceptable for a plow that is sending sparks off of a bare asphalt street if they are not pushing back snow. This is not best management practice and operators are aware of this. What is acceptable to some may not be acceptable to others. For example, EMS has a very high standard such that they are often the trigger to deploying plows during a storm. By diverting resources away from the emergency Priority 1 routes may lead to less safe conditions for EMS vehicle response and it can be expected that their concerns will be brought forward. There is an opportunity to increase the level of communication between operators, foremen and managers. The 8 units dedicated to plowing Priority 1 streets may be able to move into lower priority streets once the Priority 1 roads have been plowed to an `acceptable' level. This level would need to be defined to meet the needs of emergency vehicles and the lower priority streets. Near the end of each year, Staff presents Council with a Winter Management Plan Review and Update that outlines a discussion including performance metrics for each of the 12 Parts of the Plan. Valuable feedback is received from the public and Councillors throughout each winter and is registered for consideration by Staff when making changes to the Plan for the upcoming winter season. In 2012, this Common Council approved the recommendation to "Endorse the Winter Management Plan to become a Best Management Practice that is managed by staff rather than as a policy of Council ". It was becoming very cumbersome and time consuming for each change made to the Plan throughout the winter to be approved by Council. RECOMMENDATION Staff recommends that Common Council receive and file this report. Respectfully submitted, XI(Kevin Rice, B.Sc., C.E.T. Deputy Commissioner, Transportation and Environment Services 121 Winter Management Plan — Priority 4 Streets Report to Common Council, M &C 2015 -51 Wm. Edwards, P. Eng. Commissioner, Transportation and Environment Services trick Woods, CGA City Manager 122 March 10, 2015 Page 4 ra "A RE, PORT TO COMMO, N 00 UNCEL M &C- 2015 -040 March 10, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: The Canadian Radiocommu n i cations Information and Notification Service (CRINS) ch city of Saint John The purpose of this report is to recommend to Council a new third party service that would facilitate public engagement and provide cost recovery when considering new telecommunication towers and facilities proposed in Saint John. BACKGROUND The approval of telecommunication towers and facilities is under the jurisdiction of the federal government and is regulated by Industry Canada under the Radiocommunications Act, giving the Minister of Industry sole discretion on the placement and erection of telecommunications. In light of this federal jurisdiction, and consistent with other New Brunswick cities including Fredericton and Moncton, telecommunication towers were no longer included as a regulated land use in the new Zoning By -law (ZoneSJ). In contrast, previous zoning by -laws had regulated these facilities as conditional uses, requiring consideration by the Planning Advisory Committee who could impose terms and conditions. These applications also usually involved the consideration of variances with respect to height and the creation of small, non - serviced parcels with private access for long -term lease purposes. Given there is no jurisdiction, the City's newly adopted Zoning By -law allows telecommunication towers in any zone, and there is no longer any public Page 1 of 5 123 M & C — 2015 — 040 March 10, 2015 notification or meeting held for these types of development. Instead, only a building permit is sought by proponents. CRINS While telecommunications is federally regulated, Industry Canada mandates that proponents consult with local land use authorities (i.e., municipalities) and follow any required local consultation process. Industry Canada's preferred method for receiving local feedback is through the consideration of adopted municipal telecommunications protocols, though municipalities may still provide individualized input for each application directly to Industry Canada. Throughout Canada a number of cities, such as Toronto, Calgary, Kitchener, and Halifax, have developed their own municipal telecommunications protocols with public consultation programs facilitated through their planning departments. However, a growing number of municipalities (195 +) across Canada, including the municipalities of Fredericton, Moncton, and Rothesay, have instead elected to become members of a recently formed not- for - profit service bureau known as the Canadian Radiocommunications Information and Notification Service (CRINS). This organization manages, on behalf of their members, the complete processing of applications for radiocommunications (telecommunications) including public consultation. CRINS is discussed in the following sections of this report_ BENEFITS Should Council wish to become a CRINS member the following benefits would be realized. Recognition of Federal Jurisdiction: The CRINS approach. much better communicates to the public the limited municipal role regarding telecommunications in Canada. Expert Industry Knowledge: The City would benefit from the knowledge and experience acquired by CRINS staff who manage these specialized applications throughout New Brunswick and Canada. Approval of these types of facilities often involves considerations beyond the typical land use planning process, such as electromagnetic interference on nearby facilities, and siting of new towers to ensure appropriate service coverage. CRINS also possess a much broader awareness of methods to address community concerns while satisfying the technical requirements of proponents. Page 2 of 5 124 0 M & C — 2015 — 040 March 10, 2015 Public Consultation: CRINS sends an extensive information package for each proposed application to property owners within a radius of 120 metres, or three times the height of the proposed facility (whichever is greater). Depending on the nature of the application, their protocol also requires property signage, media advertising, and in some cases CRINS facilitation of public information meetings (see Section 8 of the attached CRINS -SINRC Antenna System Siting Review and Consultation Protocol for more information about public consultation). Best Practice: This approach is consistent with the approach taken by many other municipalities across Canada, including communities in New Brunswick like Fredericton, Moncton, Miramichi, Edmundston, Rothesay, and almost all the Regional Service Commissions. Utilizing the same approach as these other municipalities will provide clarity and improved predictability for proponents associated with this industry. Staff Resourcing and Cost Recovery: It is estimated that up to ten hours of professional planning staff time would be saved with each telecommunications proposal. These savings can be diverted to other activities of Community Planning & Development_ Further, this new approach would be administered on a cost recovery system of higher service fees paid by proponents and not subsidized by Saint John taxpayers (see next section for details). LEGAL AND FINANCIAL There is no contractual agreement for the City to enter into with CRINS. If the City wishes to utilize this service only a signed letter is required from the Mayor, on behalf of Common Council, authorizing The City of Saint John secure the services of CRINS. Conversely, if for any reason the City later decides to discontinue using this service, only an additional letter from the Mayor, on behalf of Council, would be required. CRINS, a not - for - profit service bureau, recovers all its costs from the application fees charged directly to proponents. CRINS is not affiliated with any of the proponents in the telecommunications industry. CRINS collects all the service fees from the proponents and then distributes any required municipal service fees directly to the participating CRINS member. Currently, for applications requiring public consultation a $1,600 service fee is required by CRINS. Similar to the cities of Fredericton and Moncton, it is being recommended that Council also establish service fees that would recover the costs associated with providing support and comment to CRINS by City planning staff_ These fees include the following: Page 3 of 5 125 M &C -2015 -040 March 10. 2015 (a) A $1,000 City service fee for all telecommunications applications involving public consultation under the Industry Canada criteria; and (b) A $500 City service fee for all telecommunications applications exempted from the above - mentioned public consultation. The above fees would be added to the revenue streams of Growth & Community Development Services and are expected to represent complete cost recovery for these types of applications. PROTOCOL When telecommunication towers and facilities are licensed by Industry Canada, local, regional, and even provincial planning documents do not apply. However, through the mandated consultation process of Industry Canada, CRINS would undertake the review of all telecommunications applications in accordance with their standard Antenna System Siting Review and Consultation Protocol (please see attached Reference Protocol). This thorough protocol, which must be used by all CRINS members, provides for the complete processing of applications, including criteria for the siting and designing of installations and for local public consultation. In addition to this Reference Protocol, municipalities may include additional criteria to provide further guidance when these types of applications are reviewed. The attached Appendix A following the Reference Protocol has been prepared by Community Planning & Development to communicate the outcomes envisioned by the Municipal Plan with respect to utility and telecommunication facilities. ALTERNATIVES Given all the mentioned CRINS benefits, it is wholly recommended that The City of Saint John become a member. Council could decide, however, not to become a member and pursue other options, such as: (a) Continue to provide no public engagement for telecommunications proposals; (b) Direct Community Planning & Development to develop and administer an independent City of Saint John telecommunications protocol with or without a public engagement program; or, finally, Page 4 of 5 126 M &C- 2015 -040 March 10. 2015 (c) Refer this matter to the Planning Advisory Committee for input before making any decision. Please note, however, there is no legislative requirement to refer this matter, which was generally discussed when ZoneSJ was reviewed and later endorsed by the Committee. RECOMMENDATION It is wholly recommended that Common Council: (a) Approve the use of the Canadian Radiocommunications Information and Notification Service (CRINS) for the processing of all telecommunication towers and facilities proposed within the City of Saint John effective on this date; (b) Authorize the Mayor and Common Clerk to execute any necessary document that is needed to authorize The City of Saint John to secure the services of CRINS; (c) Approve Appendix A of the attached CRINS -SINRC Antenna System Siting Review and Consultation Protocol prepared by Community Planning & Development; and (d) Establish City service fees of $1,000 for all telecommunication towers and facilities applications involving public consultation under the Industry Canada criteria and $500 for all telecommunication towers and facilities exempted from such public consultation. Respectfully submitted, 0� oAa"—) Mark O'Hearn Planning Officer, Community Planning & Development Ja queline Hamilton, MURP, MCIP, RPP mmissioner, Growth & Community Development Services atrick Woods, CGA Ci Manager Attachments Page 5 of 5 127 CENS-rNRC CRINS -SINRC Antenna System Siting Review and Consultation Protocol, Reference Issue 3 July 15, 2014 128 Table of Contents Introduction........................................................................ ............................... . 1 Objectives .................................................................. ............................... ...... 5 .......... ............................... 2 Jurisdiction and Interpretation .............................................................................. ............................... 6 3 Radiocommunications Development Plan .................................................................. ..............................7 11 Annual Review .................................................................... ............................... 7 4 Excluded Antenna Systems ....................................................................................... ..............................7 4.1 Basic Exclusions ................................................................................................... ..............................7 4.2 Additional Exclusions ....................................................................................... ..............................8 4.3 Confirmation of Exclusion ............................................................................... ............................... 8 4.4 Community Sensitive Locations ........................................................................ ............................... 8 5 Application Requirements (for Non - Excluded Applications) ..................................... ............................... 9 5.1 Pre - consultation Review ..................................................................................... ............................... 9 5.2 Non- Excluded Radiocommunications Facilities ................................................. ............................... 9 5.3 Complete Application ....................................................................................... ............................... 11 5.4 Additional Information ....................................................................................... .............................11 6 Siting on LUA -owned Properties ................................................................................ .............................11 7 LUA Recommendations Report .................................................................................. .............................11 7.1 Statement on Land Use ...................................................................................... .............................12 7.2 Antenna Siting Design Framework Criteria ................................................. ............................... 12 7.3 Statement on Compliance with General Design Recommendations ............. .............................13 7.4 Siting of Facility Relative to Existing Use ............................................................. .............................14 7.5 Statement of Concurrence ............................................................................... ............................... 15 8 Public Consultation ...................................................................... ............................... ........................ 16 8.1 Notification Package ....................................................................................... .............................16 8.2 Notice Sign ............................................................................... ............................... .........17 8.3 Public Information Meeting ........ ............................... ............................... .... ............................... . 18 8.4 Local Media Notice ............................................................................................. .............................19 8.5 Timelines and Concluding Consultation ............................................................. .............................20 9 Deliverables ................................................................................................................ .............................20 N 129 Cat NS— SIFtYC'. 9.1 LUA Recommendations Report and Concurrence ........................................... ............................... 21 9.2 Circumstances of Municipal Non - concurrence ................................................ ............................... 21 9.3 Time Frames ........................................................................................................... .............................22 10 Definitions ............................................................................................................ ............................... 22 3 130 4 CKNS_SMRC.. Introduction The purpose of the Antenna System Siting Review and Consultation Protocol, Reference Issue 3 pis to detail the review process for an application submittal through CRINS-SINRC to a participating Land Use Authority (LUA) for the siting and construction of an antenna system, as well as defining the participating LUA's expectations relating to the location and design of radiocommunication facilities. This protocol applies to any proponent planning to install a new or modify an existing radiocornmunications facility regardless of the type of installation or service. This includes, but not limited to: • Personal Communications Services (PCS); Cellular operators; Fixed wireless operators; • Broadcasting operators; • Land - mobile operators; License- exempt operators; and, • Amateur radio operators. All new radiocommunications facilities are expected to follow this process to obtain either a Notice of Facility Exemption or a Notice of Completion relating to the consultation and the corresponding Land Use Authority (LUA) Recommendations Report. 1 [Short title: CRMS -SINRC Reference Protocol, Issue 3 (2014)] 131 4 4 The goal of this protocol is to provide a framework which sets out the LUA's expectations for appropriate design and satisfactory public consultation for proposed radiocommunications facilities. The objectives that implement this goal are: 1.1 Having regard for Industry Canada's legislative authority in a protocol which also respects the context for development, and land -use mandate of the LUA; 1.2 Setting out a transparent, consistent, and predictable process for the evaluation of all radiocommunications facility proposals that: a) Establishes objective criteria and guidelines for evaluating and processing applications seeking LUA concurrence; b) Specifies the LUA's expectations as to how new radiocommunications facilities are to be sited and designed in a manner that compliments the surrounding landscape and public realm; C) Defines a clear consultation process administered through CRINS -SINRC that requires proponents to engage and inform stakeholders about radiocommunications facilities; and, d) Develops a predictable timeline for issuing of LUA recommendations that incorporates early consultation to identify potential issues with applications in order to meet Industry Canada's timeline requirements. 1.3 Detailing the roles and responsibilities of the various parties in the radiocommunications facility consultation process; 1.4 Ensuring that the LUA's residents and businesses are made adequately aware of radiocommunications facility proposals through education and public consultation; and, 1.5 Establishing an appropriate conclusion to the LUA consultation process, including specific outcomes and deliverables. 132 C�idtS— SIf�iR� 2 Jurisdiction and Interpretation 2.1 Wireless communications and broadcast operators in Canada are licensed by the Department of Industry (Industry Canada) in accordance with the exclusively federal jurisdiction vested in the Radiocommunication Act Section 5(1) (a) (i.1). Additionally, the broadcasting communication operator's activities are licensed separately by the Canadian Radio - television and Telecommunications Commission (CRTC). 2.2 As a federal undertaking, radiocommunications sites must adhere to all applicable federal regulations and guidelines, including but not limited to: • The National Building Code and National Fire Code; • Canadian Environmental Assessment Act; • Industry Canada's CPC- 2-0 -17 - Condition of Licencefor Mandatory Roaming and Antenna Tower and Site Shat ing and to Prohibit Exclusive Site Arrangements, Health Canada's Safety Code 6; and, • Industry Canada's CPC- 2 -0 -03. 2.3 Radiocommunications sites are not subject to either municipal or provincial land -use legislation including the Planning Act and /or Municipal Governance Act of a province or territory. No formal development or planning agreements can be executed and registered on title with respect to radiocommunications facilities. 2.4 For the purposes of this protocol, the Land Use Authority (LUA) shall be the municipal government, or in the case of land administered by the Crown, the relevant provincial government or federal government agency. 2.5 For radiocommunication facilities not excluded under Section 4 of this protocol, proponents are expected to satisfy the public consultation requirements of the applicable LUA. The role of the LUA is to provide input and comments to Industry Canada as part of that process. 2.6 This protocol is to be read in its entirety as a comprehensive and integrated policy framework to establish the site criteria and process leading to the issuing of a Notice of Completion or Notice of Facility Exemption, and a LUA Recommendations Report for a proposed facility. 2.7 For the purposes of this protocol, the only member of LUA staff having the authority to manage and exercise responsibilities under this protocol shall be the Director of Planning or his or her designate. No powers or privileges under this protocol shall at any time be interpreted to extend to any other member of staff. 0 133 3 Radiocommunicaiians Development Plan 3.1 Annual Review 3.1.1 Proponents shall be invited to submit within 90 days of the adoption of this protocol and by September 30`x' of each subsequent year, a written Radiocommunications Development Plan (RDP) which outlines the proponent's expected areas of infrastructure development for the coming year. 3.1.2 The LUA shall review each proponent's plan and identify areas of common interest between proponents. The LUA shall host a meeting with all Proponents who submitted an RDP to identify opportunities for joint build and co- location pursuant to Industry Canada's CPC 2 -0 -03 and CPC 2 -0 -17. 3.l .3 The LUA shall identify, as part of the meeting, areas of development and development applications within its jurisdiction where Proponents may have an interest in expanding their services. The LUA may facilitate discussion with land developers, and other interested parties, to allow the Proponents to consider infrastructure options during the planning stage. 3.1.4 Where feasible, the LUA may offer the Proponents an option for pre- approval on proposed facilities where a joint build option exists. 4 Excluded Antenna Systems 4.1 Basic Exclusions Industry Canada excludes a number of proposals from any consultation whatsoever with the land -use authority, its residents and businesses. The exclusions are as follows: a) The maintenance of existing radio apparatus including the antenna system, transmission line, mast, power, or other antenna - supporting structure; b) Addition or modification of an antenna system (including improving the structural integrity of its integral mast to facilitate sharing), the transmission line, antenna - supporting structure, or other radio apparatus to existing infrastructure, building, or other structure, provided the addition or modification does not result in an overall height increase above the existing structure of no greater than 25% of the height of the original structure. For greater clarity, Industry Canada extends this exclusion to radiocommunications facilities proposed to be attached or affixed to any building or structure, including a rooftop or support pillar; C) Maintenance of a radiocommunications facility's painting or lighting in order to comply with the requirements of Transport Canada; d) Installation of a radiocommunications facility used for a limited duration for a special event or to support local, provincial, or national emergency operations during that emergency, and is removed 134 within three months after the special event or emergency; and, e) All radiocommunication facilities less than 15 metres (50 feet) in height. 4.2 Additional Exclusions The LUA additionally excludes the following radiocommunications facilities from public consultation: a) Any facility which has been pre - approved as part of a proponent's annual Radiocommunications Development Plan; and, b) Additional equipment shelters associated with a new co- located facility. 4.3 Confirmation of Exclusion 4.3.1 The proponent is required to confirm with the LUA that the proposed facility meets the exclusion criteria by submitting proposal information in accordance with Section 5.1 of this protocol. 4.3.2 Where a proponent demonstrates that their proposal meets one or more of the exclusion criteria of Sections 4.1 or Section 4.2, the LUA shall issue a Notice of Facility Exemption to the proponent and Industry Canada. 4.3.3 Proponents are asked to incorporate the design recommendations provided in Section 7.2 of this protocol (as applicable), even if a Notice of Facility Exemption has been issued. 4.4 Community Sensitive Locations 4.4.1 Notwithstanding the exclusions outlined in Section 4.1 and Section 4.2 of this protocol, Industry Canada states in Section 6 of CPC- 2 -0 -03 that exclusion criteria should be applied with consideration for local surroundings. To that end, proponents are expected to engage in a pre - consultation review with the LUA, even where a proposed radiocommunications facility is excluded, to allow the LUA an opportunity to determine if the proposed facility falls within a Community Sensitive Location. 4.4.2 A Community Sensitive Location shall be defined as any property, which under the relevant LUA regulations: • is currently designated as a Heritage Property-; • is an area of designated architectural significance; • contains a site of archeological significance; or, • is an natural conservation area. 4.4.3 A proposed facility will not be eligible for an exemption from consultation, and the LUA will request that Industry Canada override their policy on radiocommunications facilities excluded from consultation, where a facility is proposed within a Community Sensitive Location. 8 135 cu�F��w�r�Rr 5 Application Requirements 5.1 Pre - consultation Review Proponents shall request a pre- consultation review through the CRINS -SINRC system_ Requests for pre - consultation will be accepted once the proponent has submitted the following information to the CRINS- SINRC online system: • The location of the proposed radiocommunication facility, including its address and location on the lot or structure (CRINS-SINRC Site Information Abstract); A short summary of the proposed radiocommunications facility and, if applicable, how it meets one of the exclusion criteria under Section 4 of this protocol (CRINS -SINRC Facility Type Abstract); Set of drawings illustrating the proposal, including a conceptual site plan, elevation drawings, and context plan showing the development within the existing neighborhood (which can be supplied using an aerial photograph base) according to the drawing guidelines outlined in Section 5.2 (c) and (d). Such a request shall not be deemed by the LUA as the official commencement of the 120 -day consultation process, in accordance with Section 5.3 of this protocol_ 5.2 Non - Excluded Radiocommunications Facilities Any proposals for non - excluded radiocommunication facilities will require the submission of a complete application through the CRINS -SINRC online system. This includes completing the online application information, payment of fees, and uploading electronic versions of supporting documentation as follows: a) CRINS -SINRC online data entry of the following information: The location of the proposed radiocommunications facility, including its geographic coordinates, its address and location on the lot or structure (CRINS- SINRC Site Information Abstract); A description of the proposed structure type, shelter type, height, access, and utility sources (CRINS -SINRC Facility Type Abstract); b) Upload a written justification on the CRINS -SINRC Facility Type Abstract containing: • The rationale for the selection of the proposed site (indication of whether the site provides coverage an(Vor capacity, what communities / areas will benefit from the new facility); • Description of co- location alternatives considered within a 3 km radius of the proposed site; • A statement indicating the justification for the height of the proposed radiocommunication facility (towers only); • A statement on future co-location possibilities for the support structure, if applicable (CPC -2 -0- 17); • A statement on how the radiocommunications facility, if located in an area designated for future urban development, shall complement and become a part of the future community without unduly limiting the potential for future urban development; and, • A statement indicating the justification for not complying with any of the LUA's preferred design criteria in Section 7.3 of this protocol, as applicable. 9 136 4 Ck "Nf-CRO C c) Upload to the CRiNS -SINRC system a set of colour photographs of the subject lot, oriented toward the proposed radiocommunications facility from at least three landmarks or important locations in the vicinity of the proposed site: One set showing the current site conditions (minimum 3 photos); and, • One set including superimposed images of the proposed radiocommunications facility (minimum 3 photos). A topographical map or satellite image showing the location from which the pictures were taken (1 image). d) Upload to the CRINS -SINRC system a site plan, elevations, and survey drawings prepared to appropriate metric scale showing: • The subject Iot and lease area (a key plan can be used for properties having an area of 2.0 hectares or greater); General site grading; The location of existing lot lines, and setbacks from those for the proposed radiocommunications facility; Setbacks from existing and proposed buildings and structures for the proposed radiocommunications facility; Setbacks from the nearest building not on the subject property, measured from the nearest point of the building, structure, or feature; • The staked limits of significant natural heritage features and other sensitive lands and setbacks from those for the proposed radiocommunications facility within 3 times the height of the proposed structure (if applicable); Existing and proposed landscaping, including an inventory of existing vegetation and any plantings proposed to screen the base of the tower and any structures on the ground where applicable; Access proposed to the radiocommunications facility, including any motor vehicle parking spaces including dimensions; and, • The structure type and height of the proposed radiocommunications facility. e) Upload to the CRINS -SINRC system mapping prepared to appropriate metric scale showing: The location of the proposed radiocommunications facility within the community; and, • Network coverage mapping showing the applicant's current coverage and anticipated coverage (including signal strengths in dBm) with the installation of the proposed radiocommunications facility including the nearest existing antenna systems belonging to the proponent. f) Upload approvals from Transport Canada's and NAV Canada outlining aeronautical obstruction marking requirements (whether painting, lighting, or both) if available. If unavailable, the proponents can provide their applications to Transport Canada and NAV Canada together with an undertaking to provide those requirements once they become available; g) Upload a written attestation that the proposed radiocommunications facility will comply with Safety Code 6, including combined effects within the local radio environment at all times, signed by the Professional Engineer taking responsibility for the site's compliance; 10 137 CRINS -SI MtC- h) Upload a statement on the potential effects that the proposal may have on nearby electronic equipment (both existing and proposed) in accordance with CPC- 2 -0 -03 and EMCAB -2, as well as measures proposed to mitigate those effects; and, i) Upload a written attestation that the proposed radiocommunications facility will comply with the National Building Code and National Fire Code in accordance with the proponent's responsibilities under enabling federal legislation, signed by the Professional Engineer taking responsibility for the site's compliance. 5.3 Complete Application To clarify Industry Canada's requirements of Section 4 of CPC- 2 -0 -03, the LUA shall consider the date a Complete Application was received as the official commencement of the 120 -day consultation process. Such a process is consistent with and required for other development applications in the LUA. A determination on the completeness of an application or request for additional information will be provided within five days of receipt of the application by the LUA. 5.4 Additional Information If a request is made to the proponent for additional information prior to the LUA deeming the application to be complete and no additional information is supplied within 90 days, the LUA shall advise Industry Canada of the incomplete nature of the application and will deem the application abandoned. 6 Siting on LUA -owned Properties Any request to install a radiocommunications facility on lands owned by the LUA shall be made to the Manager of Realty Services, in accordance with LUA policy. Independently, an application shall be required by the proponent in accordance with Section 5.2 of this protocol. 7 LUA Recommendations Report The LUA acknowledges that proponents can install radiocommunications facilities in almost any location. It is the LUA's position to work with proponents to achieve the best possible design of a radiocommunications facility for constituents. Such design strikes an appropriate balance between technological and network coverage requirements, and unobtrusive development that compliments or improves the surrounding landscape and public realm. As part of the input provided to proponents and Industry Canada, an LUA Recommendations Report will be provided for all proposed installations and shall be a required deliverable for non - excluded applications prior to a Notice of Completion being issued. The LUA Recommendation report shall consist minimally of the following elements: 11 138 4 CRt i;- SJN4 %7 7.1 Statement on Land Use The LUA shall provide a statement on the Proponent's choice of site relative to the following criteria: • Community Sensitive Locations • Fire routing and access. • Zoning and compatibility with existing Strategic Plans. • Environmental Concerns 7.2 Antenna Sifing Design %ramework Criteria 7.2.1 The LUA shall provide Antenna Siting Design Framework (ASDF) criteria for the proposed site to the proponent through the CRINS -SINRC system. The ASDF criteria shall outline design goals for the proposed site based on the location chosen by the proponent. The LUA shall inform its recommendations based on how well the proponent's design meets the ASDF design criteria. 7.2.2 The ASDF provides an overall classification of the proposed design through a concept known as "Degree of Visual Change" which is characterized as "Low ", "Medium" or "High ". 7.2.3 The level of public consultation required for a proposed site shall be dictated by the ASDF "Degree of Visual Change" classification as follows: "Low" — the proposed facility requires that land owners within a minimum of 120 metres or 3 times the structure height, whichever is greater, be notified by mail/courier requesting comments or questions over a 30 day period. No road signage is required. No public meeting is required. LUA Staff shall issue a LUA Recommendation Report within 30 days. A Notice of Completion shall be issued by CR1NS -SINRC upon receipt of the LUA Recommendation Report and approval by the LUA Designated Representative. "Medium" — the proposed facility requires that land owners within a minimum of 120 metres or 3 times the structure height, whichever is greater, be notified by mail /courier requesting comments or questions over a 30 day period. A Public Notice shall be placed in local media outlets requesting comments or questions over a 30 day period. Road signage shall be erected prior to the mailout to adjacent landowners and publication of the Public Notice. No public meeting is required. Staff shall issue an LUA Recommendation report within 30 days and such report shall be accompanied by a summary of public comments received from adjacent landowners and members of the public. A Notice of Completion shall be issued by CRINS- SINRC upon receipt of the LUA Recommendation Report and approval by the LUA Designated Representative. "High" — the proposed facility requires that land owners within a minimum of 120 metres or 3 times the structure height, whichever is greater, be notified by mail/courier requesting comments or questions over a 30 day period. Road signage shall be erected prior to the mailout to adjacent landowners. A Public Information Meeting shall be held no later than 14 days after the closing date for submissions from adjacent landowners. LUA staff shall prepare an LUA Recommendations Report within 60 days, including a summary of public comments received during the public information meeting, and shall present the report to the LUA's Planning Committee and/or Council for review. A Notice of Completion shall be issued by CRINS- 12 139 SINRC on the date the LUA Recommendation Report is presented to Council. However, statement of concurrence from the LUA will only occur with the approval of Council. 7.31 Statement on Compliance with General Design Recommendations The following general design guidelines shall apply for all radiocommunications facilities in the LUA and proponents are asked to follow these guidelines, as applicable, for all proposed facilities: 7.3.1 Colors used for all components of the radiocommunications facility shall be compatible with the surrounding landscape and public realm: a) Color matching shall be the first preference for the LUA, with the exact color(s) determined on a case -by -case basis to enhance the surrounding landscape and public realm; b) Neutral colors shall be the second preference; and, C) Non - reflective surfaces and paints shall be used. 7.3.2 Designs requiring no illumination are expected except where Transport Canada and NAV Canada requirements for illumination of the radiocommunications facility are identified. 7.3.3 Where a proposed radiocommunications facility requires an equipment shelter: a) The first preference is to locate such structures within a main or accessory building used for other uses on the same lot; b) A new, above- ground equipment shelter at the base of the structure or abutting the penthouse of a building is the next preference of the LUA; and, c) Any new equipment shelter shall require architectural treatments sensitive to the surrounding landscape and public realm and in the case of a building, consistent with the architectural style of the building. 7.3.4 Where a proposed radiocommunications facility requires screening and access restriction: a) Existing vegetation shall be preserved wherever possible, with new plantings provided to enhance the surrounding landscape and public realm; b) Where fencing is proposed, design details including the materials proposed and elevation drawings showing details and gate locations shall be provided in the drawings uploaded with the application; C) Fencing shall use materials sensitive to the surrounding landscape and public realm; and, d) The use of razor wire requires analysis in the justification report, including how its use will not compromise the surrounding landscape and public realm_ 13 140 4 cp4: 4S-SINRC 7.3.5 Vehicular access to the proposed radiocommunications facility should be provided as follows: a) Access needs to be suitably provided to a public street or across a private right -of -way; and, b) Any parking space provided shall not be within a road allowance_ 7.3.6 Where a proposed radiocommunications facility is located on the roof of a building or structure: a) Support structures and equipment shelters should be color - matched or designed with architectural treatments and/or shrouding to compliment or blend in with the existing building; and, b) Antennas should be flush- mounted wherever possible. 7.3.7 New radiocommunications facilities shall avoid obscuring significant views and vistas. 7.3.8 Where a proposed radiocommunications facility is located on the roof of a building or structure: a) Any signage required by Industry Canada shall be permitted to be posted on the radiocommunications facility; b) The LUA shall require the posting of a small plaque at the base of the radiocommunications facility, identifying its owner /operator and contact information for that party; and, c) No third -party signage, flags, or graphics are permitted on a telecommunication facility except where such signage is part of the shrouding scheme for the site and the signage is compliant with the LUAs existing signage requirements. 7.4 Siting of Facility Relative to Existing Use The LiJA acknowledges that radiocommunications facilities are not subject to the requirements of a Zoning By -law. Notwithstanding this, the following requirements apply to radiocommunications facilities: 7.4.1 The placement of any parking space or any component of a radiocommunications facility shall not create or cause a situation of non - compliance with any LUA Zoning By -law for any other use, building, or structure on the same lot. 14 141 7.5 Statement of Concurrence The LUA shall provide a statement of concurrence or non - concurrence with the proposed facility, signed by the Director of Planning. 7.5.1 If the LUA concurs with the proposed facility subject to conditions, the Statement of Concurrence shall state any conditions to be satisfied by the proponent, and the Proponent shall be asked to provide a Letter of Undertaking on their letterhead agreeing to satisfy the conditions. 7.5.2 If the LUA does not concur with proposed facility, then the Statement of Non - Concurrence shall detail the reasons that the proposed facility is deemed unacceptable, and any remedies available to the Proponent to satisfy the LUA and bring their proposal into an acceptable state. 7.5.3 In the case that non - concurrence is due to the Proponent not being prepared to satisfy the conditions provided under a conditional Statement of Concurrence, then the LUA shall request that Industry Canada not provide a license to the Proponent for the proposed site. 15 142 4 rRIN11- &C., 8 Consultation In completing a public consultation process for a new, non - excluded radiocommunication facility, it is expected that GRINS -SINRC and LUA staff shall facilitate the process with support from the proponent as required. A Public Consultation shall be required only for facilities that do not meet the exclusion criteria of Section 4 of this protocol, and shall be conducted according to the following process: 8.1 Notification Package a) The LUA will provide CRINS -SINRC staff with a list of landowners and tenants, where applicable, within a radius of the greater of 120 metres or three times the height of the proposed radiocommunications facility. This distance shall be measured outward from the furthest point of the radiocommunications facility's supporting mechanism (i.e. outermost guy line, building edge, or tower face). All properties within this distance shall be included on the mailing list. b) CRINS -SINRC will prepare and distribute the notification package to the following recipients: • To the landowners within a radius the greater of 3 times the tower height or 120 metres from the proposed radiocommunications facility, addressed to the name on the list and "or the occupant "; • The Director of Planning or his or her designate; • The CAO of the LUA; • If an adjacent municipality is located within 120 metres or three times the tower height of the proposed radiocommunications facility, the CAO of that municipality; and, The local councilor(s). c) The package shall include the following items submitted under Section 5.2 of this protocol: • Description of and rationale for the proposed structure including structure type and design, dimensions, height, color, lighting, and site access (including measures to control public access); • Superimposed images of the proposed radiocommunications facility; • Attestation that the general public will be protected in compliance with Safety Code 6, including combined effects within the local radio environment at all times; The project's status under the Canadian Environmental Assessment Act; A description of Transport Canada's and NAV Canada's aeronautical obstruction marking requirements (whether painting, lighting, or both) if available. If unavailable, the proponents can provide their expectation of Transport Canada's requirements together with an undertaking to provide those requirements once they become available; A statement on the potential effects, measures that the proposal may have on nearby electronic equipment (both existing and proposed) in accordance with CPC -2 -0 -03 and EMCAB -2, as well as measures proposed to mitigate those effects; • Attestation that the proposed facility shall comply with all structural codes and regulations; Notice that general information relating to antenna systems is available on the CRINS -SINRC website; 16 143 -4 0; IPtcS SI1 ;.RC; Contact information for CRINS-SINRC, a representative of the proponent, the Director of Planning Services or his or her designate, and a representative from Industry Canada; and, e Information on how to submit comments and the closing date for submission of written public comments (which shall be not less than 30 days from the date of transmission of the notification). 8.2 Notice Sign a) The proponent shall erect, when required under this protocol, one notice sign along each lot line abutting a public street or roadway. b) Where a public meeting is required, the sign shall be posted at least 21 days before the public information meeting. Where no public information meeting is required, the sign shall be posted for three weeks at any point during the consultation process. c) All notice signs shall be erected on the lot so that it is clearly visible and legible from all public streets or roadways abutting the subject lot. The signs shall be provided by CRINS -SINRC and conform to the following format: Conodlan Rndfacammvni -li— S—ke d'i —flon M de n.I fkaricn kdormollon and Notlffcollon Serve 4 en radlocomnunkatl— --dW- Public Notice [Name of Proponent] Hae wbmitled an applica.,on to mnsfrud e Radiocommunications Facility [Civic Address] For Further Information visit /Y a �w r p a� �rcrins- sinrceca or call 1- 855 -502 -7467 Refer to Case Number: jxxxx- xxx -xxxx] 17 144 4 C..: 'y ."df rrc d) Photographs illustrating all notice signs posted and the date on which they were installed on the subject lot shall be uploaded to the CRINS -SINRC online system by the proponent as soon as possible after installation. e) All notice signs must be removed no later than 21 days after an issuance of a Notice of Completion. 8.3 Public Information Meeting a) The Public Information Meeting shall be required for all non - excluded facilities classified as "High" under ASDF criteria, and shall be open and accessible to all members of the public and local stakeholders. b) The convener shall make it clear at the beginning of the public meeting that the LUA is a commenting agency only, and that all decisions relating to the proposal are to be made by Industry Canada at a later date. c) The public information meeting will be convened and facilitated by the LUA or CRINS-SINRC at the LUA's request. A representative from the LUA may attend to assist in answering questions. d) The proponent shall provide, at a minimum, two sets of display panels containing a site plan drawing and colour photographs of the subject lot, oriented toward the proposed radiocommunications facility from at least three landmarks or important locations in the ,% icinity of the proposed site: • One set showing the current site conditions; and, • One set including superimposed images of the proposed radiocommunications facility. • The convener shall record all names, addresses, and contact information for attendees. c) All Public Information Meetings convened by CRINS-SINRC shall be video recorded and made available on the CRINS-SINRC website for viewing. 18 145 8.4 Local Media Notice Where a Notice in the local media is required under this protocol, CRINS -SINRC shall additionally place a notice in the outlets identified by the LUA. Publication of this notice shall be synchronized with the distribution of the public notification package. The notice shall be consistent with the following format: :J Public Notice In accordance with the RadiocommunicaHons Act and Industry Canada procedure CPG2 -0- 03, Issue 5 (2014), be advised that [Name of Proponent] has submitted an application and notified [Name of LUA] of Its intentions to develop a Radiocammunlcations Site bested at [LOCATION OF PROPOSED SITE] For further Information on the above proposal visit the CRINS -SINRC website: http. /hvww -cdns -stn rc ;r,Ri/ or call 1- 855 -502 -7467 Please reference the following Case Number. XXXX- XXXX -XXXX ANY PERSON may make a written submission by [DATE] with respect to this matter addressed to: Canadian Radiocommunication Information and Notification Service 501 -1500 Bank Street, Ottawa, Ontario K1 N 7Z2 Fax: 813 -482 -2299 Email: subrrtfsslonarmcrins -sirtraca 19 146 �R�!�S- Ftl�ar 8.5 Timelines and Concluding Consultation a) All written submissions received from the public by a means other than direct entry into the CRINS -SINRC online system by a registered user shall be entered into the online system by CRINS-SJNRC staff with 24 hours of receipt. Once entered into the online system an acknowledgement by the proponent shall be made within 14 days. b) A dialogue between a party who has provided a written submission and a proponent shall continue until all Relevant Concerns are answered, or a further response or inquiry is not received from either party within 21 days, whichever occurs first. A proponent must respond to all reasonable and relevant inquiries within 60 days or provide a reason why the question or concern is not relevant_ c) CRINS-SINRC will maintain the official records of public consultation for the LUA containing, at a minimum, the following: • Copies of all letters and other written communications received on or before the last day for comments associated with the application; • Copies of responses outlining how the concerns and issues raised were or will be addressed or, alternatively, clearly setting out the reasons why such concerns are not reasonable or relevant; and, • Copies of any follow -up responses received from residents. • Summary of the public information meeting including attendee list and contact information (if applicable); 9 Deliverables Copies of the Notice of Facility Exemption or Notice of Completion, and LUA Recommendations Report shall be sent directly to Industry Canada with copies sent to the following parties: • The proponent; • The CAO of the LUA; • The applicable Councilors; • If an adjacent municipality is located within 120 metres of the proposed radiocommunications facility, the CAO of that municipality; and, • The Director of Planning for the LUA. Copies of the above notices and reports shall be maintained by CRINS -SINRC online for 7 years following the completion of the consultation. 20 147 4 CRiNS- SIORC. 9.1 LUA Recommendations Report and Concurrence The end result of a successful land use authority consultation process consists of two parts: 9.1.1 The first component is an LUA Recommendation Report. This report shall outline the recommendations of the LUA with respect to the design of the proposed facility. This part of the Concurrence shall only be signed by the Director of Planning once a Letter of Undertaking signed by the proponent is received by the LUA. This Letter of Undertaking shall form a Schedule(s) to the final LUA Recommendations Report and shall include the following requirements, if applicable: a) Attestation that the proponent shall construct and operate the radiocommunication facility in accordance with the drawings and justification report submitted; and b) Any noted design requirements or considerations and other conditions to meet LUA expectations. 9.1.2 The second component is a Notice of Completion of Public Consultation, or a Notice of Facility Exemption. This part of the Concurrence shall only be signed by the Executive Director of CRINS -SMC and the LUA Director of Planning, or his designate, once proponent has completed the consultation as set out in this protocol. 9.1.3 A proposal which has received a Notice of Facility Exemption or Notice of Completion, and a LUA Recommendations Report where the LUA has approved the site and the proponent have agreed to be bound by the conditions of the approval (if applicable) shall be deemed to have received Municipal Concurrence. 9.1.4 The only valid Municipal Concurrence statement the LUA shall issue is one attached to the LUA Recommendations Report and signed by the Director of Planning or his or her designate and sent directI) to Industry Canada, with a copy to CRINS-SINRC for publication and archive. 9.2 Circumstances of Municipal Non - concurrence 9.2.1 Where the LUA is not in concurrence with a proposal, the LUA will advise the proponent and Industry Canada within the Industr37 Canada stipulated 120 -day period of its non - concurrence with the proposal. 9.2.2 The LUA will request, for a radiocommunication facility not yet constructed, that Industry Canada not issue radio license prior to the LUA issuing a Municipal Concurrence. 9.2.3 The LUA will request, for a radiocommunications facility constructed without a Municipal Concurrence, that Industry Canada direct the proponent to consult with the LUA or use its own powers to remedy the situation. 21 4 C &-C' -S1WC 9.3 Time Frames 93.1 If, in the mutual opinion of the Director of Planning Services and the proponent, outstanding issues are close to being resolved approaching the end of the 120 -day period but more time is required to finalize, the LUA shall advise Industry Canada of the situation and provide an estimated date for delivery of a Municipal Concurrence_ The LUA will also request Industry Canada not issue a radio license prior to the LUA issuing a Municipal Concurrence. 10 Definitions Co- location (and co- located) Means the placement of antenna systems on an existing building or structure, or the placement of additional antenna systems on an existing support structure, by one or more proponents. Complete application Means an application for Letter of Municipal Concurrence where all of the items listed in Section 4.1 of this protocol have been provided to the LUA. CPC 2 -0 -03 Means Industry Canada's Client Procedures Circular, "Radiocommunication and Broadcasting Antenna Systems," Issue 5, effective July 15, 2014. EMCAB -2 Means "Criteria for Resolution of Immunity Complaints Involving Fundamental Emissions of Radiocommunications Transmitters," Issue 1, June 1994. Equipment shelter Means a structure containing equipment such as radios, electronic, and other apparatus necessary to support the operation of the radiocommunications facility to receive or transmit signals, and which is not staffed on a permanent basis. Height Means the vertical distance measured from the established grade of a building or structure to the highest point of the building or structure, including any components attached to the building or structure. Land Use Authority (LUA) Means the municipal government, provincial government (Crown land), or federal agency (i.e. Indian and Northern Affairs Canada) responsible for land use and planning and development within a jurisdiction. LUA Same as "Land Use Authority " above. Landlord Means the owner of a lot, building, or structure who permits occupancy of that lot, building, or structure by a radiocommunications facility. Municipal Concurrence Means satisfaction by the LUA that the proponent has given adequate regard to this protocol in the siting and 22 149 4 CRINS ;Wh C design of a proposed radiocommunications facility, and satisfaction with the completeness of the public consultation process undertaken by the proponent. Such satisfaction shall only be expressed through a statement issued by the Director of Planning Services or his or her designate as part of the LUA Recommendations Report. Proponent Means a company, organization, or person which offers, provides, or operates a radiocommunications facility for personal use or the general public. Public Authority Means the LUA, Government of Canada, Provincial Government, or a Conservation Authority. Public Realm Means, in an area of suburban or urban development, the appearance, form, and function of buildings, structures, landscape, linkages, places, and activities occurring or planned on the subject lot and within the immediate vicinity, regardless of ownership. Radio License Means the approval of sites to be used for radiocommunications facilities, issued only by Industry Canada. Safety Code 6 Means Health Canada's Safety Code 6, "Limits of Human Exposure to Radiofrequency Electromagnetic Fields in the Frequency Range from 3 kHz to 300 GHz," 2009. Surrounding Landscape Means, in a rural or undeveloped area, the geography of and appearance of the land and associated features including buildings and vegetation. Support Structure Means a structure permanently affixed to the ground or onto an existing building or other existing structure used to support one or more antenna systems or other platforms for the primary purpose of radiocommunications. Radiocommunications Facility Means the components, either individually or in combination, required to operate a wireless communications network including cell sites, transmitters, receivers, antennae, and signaling and control equipment, and may include an accessory equipment shelter and support structure. 23 150 The City of Saint John APPENDIX A Design Goals and Guidelines Telecommunication Towers and Facilities March 10, 2015 151 I Introduction As a participating member of the Canadian Radiocommunications Information and Notification Service ( CRINS), The City of Saint John has adopted the CRINS -SINRC Antenna System Siting Review and Consultation Protocol (Reference Protocol) as the basis of its consultation protocol with respect to radiocommunications facilities (telecommunications towers and facilities). Like many municipalities, The City of Saint John has special interests in preserving the cultural and historical heritage of the community and ensuring that all developments interact with the City's Municipal Development Plan in a complimentary fashion. To that end, The City of Saint John has identified a number of additional design goals and guidelines that should be considered by proponents of telecommunications towers and facilities, and it should be expected that adherence to these design goals and guidelines will form the basis of any decision reached with regards to a proposed facility. 2 Supplementary Objectives In addition to the objectives outlined in Section 1 of the Reference Protocol, The City of Saint John has the following further objectives: 2.1 To provide a set of guidelines to be used by the professional planning staff of The City of Saint John in the review of proposed telecommunication towers and facilities within the community. 2.2 To mitigate potential damage to adjacent properties through engineering and careful siting of tower structures. 2.3 To only allow new telecommunication towers and facilities in or near residential areas when a suitable alternative location is not available outside these neighbourhoods. 2.4 To direct new telecommunication towers and facilities away from community sensitive areas. 152 3 Guidelines for New Telecommunication Towers and Facilities 3.1 Preferred Locations In addition to the criteria outlined in Section 7.1 of the Reference Protocol, The City of Saint John encourages proponents to consider the following when siting new telecommunication towers and facilities in Saint John: 3.1 .1 The preferred locations for new facilities are homogeneous areas that are zoned Industrial, Commercial, or Rural and where existing features would help mitigate the visual impact of such facilities. 3.1.2 Notwithstanding 3.1.1, only rooftop installations should be considered when situated on a building located in the Waterfront and Uptown Commercial zones. 3.1.3 New facilities should not be installed on any heritage designated property, on any property zoned Environmental Protection, or at any location that would obscure the public view of the Bay of Fundy, the Saint John River, or the Kennebecasis River. 3.2 Clearances Further to the compliance requirements outlined in Section 7.4 of the Reference Protocol, a proposed telecommunications tower and facility shall demonstrate that it has sufficient clearance to achieve the following: 3.2.1 Contain onsite all ice fall and any substantial debris in the case of a tower failure. 3.2.2 Ensure that firefighting can be effectively performed on all sides of the proposed structure in accordance with the National Fire Code_ 3.2.3 That the drainage of the property is not adversely affected by the installation of the facility. The City of Saint John requests proponents to also consider the following further clearance guidelines: 3.2.4 For freestanding towers designed to collapse their installation should be setback from abutting properties zoned Residential or Park a minimum distance of thirty percent of the tower height or the minimum distance measured between the tower base and guy wire anchors, or 11 metres, whichever is the greater. 2 153 3.2.5 For freestanding towers not designed to collapse their installation should be setback from abutting properties zoned Residential or Park a minimum distance of sixty percent of the tower height, or the minimum distance measured between the tower base and the guy wires, or 11 metres, whichever is the greater. Where a proposed structure does not meet the above mentioned requirements, the onus shall be on the proponent to demonstrate how the proposed design can comply with the intent of these guidelines. 3.3 Environmental and Design Further to the design goals outlined in Section 7.3 of the Reference Protocol, a proposed telecommunication tower or facility must also demonstrate compliance with the following: 3.3.1 Towers shall be required to have some form of anti - climbing device installed to prevent unauthorized climbing_ This can be achieved by installing an acceptably high fence to prevent authorized entry to the tower, or some type of device at the bottom of the tower to prevent access. 3.3.2 Existing site vegetation shall be preserved to the maximum extent possible. 3.3.3 Where the tower abuts or is located within a Residential, Community Facility, or Park zone, the site itself shall be developed and maintained in a manner that is compatible with the surrounding area, as determined by City planning staff. 3.3.4 Any accessory building associated with a tower must comply with all applicable requirements of the National Building Code and the National Fire Code. 3.3.5 Accessory structures in Residential and Park zones must adhere to Section 5 of The City of Saint John Zoning By -law and cannot be used for any form of human occupancy, and the site must not involve any kind of vehicle, equipment, or outdoor storage. 4 Additional Context Sensitive Design Guidelines Further context sensitive guidelines will be provided by professional planning staff of The City of Saint John when applications are received from CRINS on behalf of proponents of proposed telecommunication towers and facilities. 154 REPORT TO COMMON COUNCIL March 13, 2015 His Worship Mayor Mel Norton and Members of Common Council — O •M 4M - Your Worship and Councillors: City of Saint John SUBJECT: 2015 General Capital Budget INTRODUCTION Attached for Council's consideration is the proposed 2015 Capital Budget for the General Fund. This budget is separate from the General Operating Fund budget and provides for long -term investments in municipal assets and public infrastructure. The budget has been prepared in support of the priorities adopted by Common Council, P1anSJ, the need to invest in the City's existing capital assets and to continue to improve the quality of life for the citizens of our community. Apart from the need for ongoing infrastructure renewal, Council has identified a key list of capital priorities including needed repairs to the City Market, resurfacing Harbour Passage, facility maintenance at the Aquatic Centre, initiating the Exhibition Field House Project, re- development of Loyalist Plaza, renewal of the Transit Fleet, and the development of Partridge Island. Requests for funding from departments and ABCs far exceeded the number of dollars available. Apart from whether or not a project aligns with Council priorities, the individual projects are reviewed against the following key criteria: o Public or occupational health and safety; o An existing contractual requirement; o Whether co- funding or cost sharing is available; o The strategic significance of the investment; o Will the investment increase municipal revenues or reduce City operating expenses; o Improved efficiency or effectiveness; o Whether the investment protects City assets; o Whether the investment improves City services; o An examination of whether the project implements the City's municipal plan and is consistent with the vision, directions, and policies of Plan SJ; and o Whether the project is linked to a project identified for funding in the Water Utility Capital Fund or is linked to another capital investment (for example: a transportation project that is linked to a storm water or sanitary sewer project). 155 2 The proposed 2015 Capital Budget totals $20.557M of which $8.808M is to be funded from other sources (gas tax, reserves etc) and the remainder $11.749M is to be funded by debt obligations. The Budget is comprised of two key envelopes. The first envelope includes the direct funding commitments for the current year while the second envelope are amounts that would be made available contingent on other factors such as third party funding. The proposed capital program seeks to strike a balance between strategic infrastructure investments, ongoing asset management, urgent spending requirements and supporting opportunities to leverage needed funding from the other levels of government. 2015 Capital Envelope Transportation — the 2015 budget provides for $4.165M for direct road improvements including asphalt, curb and sidewalk and surface reinstatement in conjunction with water and sewerage projects. Coupled with the $3.019M allocated in the operating budget this brings the total commitment to $7.184M for this year. In addition, funding is included for guide rails ($200K), retaining walls ($200K), intersection /traffic upgrades ($500K) and street lights ($40K). Funding in the amount of $1.5M from the Gas Tax Fund is being used to offset this major investment in the City's transportation infrastructure. Drainage — a total investment of $4.558M towards storm system upgrades including new storm sewers, channel improvements, and separation of storm and sanitary sewers in 14 locations will continue to address surface drainage and flooding issues throughout the community. Again, Gas Tax Funding in the amount of $4.54M will effectively offset this cost. Recreation — funds have been included to provide for equipment replacement at Harbour Station ($205,000) and re- investment in key Parks /Playgrounds /Fields ($380,000) consistent with the P1aySJ strategy. Equipment upgrades to reduce energy costs will also be undertaken at the Hurley, Belyea, Murray and Gorman arenas. In addition, the budget allocates $160,000 as the City's final commitment towards the construction of the new Y. City Market — important and timely upgrades to the City Market are required. Approximately $13M is needed to address essential repairs in the main Hall (escalators, elevator, windows, doors, roof etc). In addition, an investment of $3.5M is required to restore the interior of the Market Tower that suffered extensive water damage last year. Funding in the amount of $700,000 has been provided to allow for facility repairs. Steps should be taken to leverage the City's capital investment with funding from Federal and Provincial programs to maximize the repair effort in this Historic Facility. Absent funding support from the other levels of government repairing/replacing the escalators should be a priority consideration. Harbour Passage — the so called Cranberry Trail is extremely popular, accessible to all, supports local tourism and is a key attraction in the Uptown. A budget of $780,000 has been allocated to resurface the existing trail. Recoveries from the contractor for damage done during the bridge repairs may help to reduce the final City cost. In addition, the Waterfront Development budget includes a total of $135,000 towards repainting the steel structures along the trail. 156 3 Aquatic Centre — the budget proposes an investment of $690,000 for essential system repairs (doors /masonry/pumps /filters /air handling) plus an additional $132,000 previously approved for lighting upgrades at the Aquatic Centre. The identified work is necessary to maintain the day to day operation of the Centre. A Strategic Plan is currently under development for the Aquatic Centre. It is anticipated that Council will look to this strategy in subsequent years when considering longer -term investments in this 30 year old facility. Economic Development — ongoing upgrades at the Trade and Convention Centre ($330,000) to maintain competitiveness, hardware and software to support implementation of the One Stop Shop Project, funding for land purchases /development for Saint John Industrial Parks ($300,000), and provision for soft costs for the Fundy Quay development is included. The budget also establishes a $250,000 envelope for the implementation of a new development incentive program. Transit — includes the purchase of a new low rider bus, a new Handi -bus to accommodate disabled passengers and the purchase of an automated voice announcement system and new signage to provide improved services to the visually impaired. A funding application has also been submitted to the Small Communities Fund (Building Canada Fund) that would allow the City to leverage its funding from one new bus to purchase 2 additional low rider buses annually if approved. This fleet investment would reduce the average age of the transit fleet which in turn should result in lower annual fleet costs. Facilities — Lilly Lake Pavillion will benefit from investments ($150,000) to improve accessibility, fire protection, audio /visual equipment and energy efficiency as part of a three year renewal plan. Funds are also provided ($85,000) to allow the Saint John Public Library to pursue relocation alternatives at the East Branch location. A repair envelope in the amount of $300,000 will support essential repairs across our building inventory including upgrades to exterior lighting/security at the Aquatic Centre ($17K) and required renovations for the One Stop Shop ($45K). A total of $90,000 is set aside to cover the demolition of buildings no longer in use. Fleet — a $3.01M investment in equipment will ensure that the City has the equipment required to meet its established service standards. A lifecycle approach is used to determine equipment replacement needs and to extract the maximum value from each vehicle in the fleet. This cost is to be offset by a $2.OM contribution from the equipment reserve fund. Staff will present a list of proposed acquisitions in the coming weeks. Information Technology — the efficiency and effectiveness of our day to day operations, is largely dependent on the use of an extensive network of software and hardware systems. The budget allocates $1.05M towards ongoing system purchases and upgrades. Approximately half of this expenditure will be funded from the computer reserve fund. The budget also includes an envelope to purchase asset management software. This tool will allow for a more rigorous management of our building inventory, improve our decision making and allow us to comply with new financial reporting standards. 157 4 Contingent Funding Envelop nvelope While a nominal budget allocation is shown for each of these projects, actual disbursement by the City is contingent on certain conditions being met. It is contemplated that the City will seek to secure funding for these projects through any of the Building Canada Fund, Gas Tax Fund and the Province's strategic infrastructure funding. Exhibition Centre - this $22M project involves the construction of a new Field House at Exhibition Park. The Centre would include an indoor track and facilities for a range of indoor sport activities. The Exhibition Association is willing to commit land and funding in the amount of $6.8M to initiate the development. The City has been requested to consider a contribution of $4.2M over a three year period. It is unlikely that a City contribution would be required prior to 2016. The City funding is contingent on the project sponsors identifying the capital funding to construct the project and a strict limit on the City's exposure to fund any future operating deficit. Loyalist Plaza — the estimated cost of the Plaza Development is $6.4M with an anticipated City contribution of $3.4M. A master plan has been developed, after a series of public consultations, that when implemented will serve to rejuvenate this anchor location in the Uptown. The City's financial commitment is contingent on the remainder of the capital funding being secured. Partridge Island — there is real community interest in the redevelopment of Partridge Island as a significant tourism attraction. A study is currently underway to assess public access to the location. Active City support for this project will help to build momentum for the future development of this historic site. This development will depend on the results of the feasibility report, community partnerships and all levels of government in order to be realized. Conclusion Planned capital expenditures total $20.557M with $8.808M coming from other sources. The annual funding from the gas tax program has helped to reduce projected borrowing costs and allowed the City to undertake needed infrastructure improvements. Funding from bond issues is within our borrowing capacity and will not adversely affect the City's debt ratio. The Capital budget addresses a range of community needs with a strong emphasis on Council priorities. The impact on citizens will be better roads, reduced flooding, improved recreation facilities, better public spaces and continued enhancements to the transit fleet. The ongoing investments in major equipment for the fleet, upgrades to our IT infrastructure, energy conservation measures and repairs and improvements to our facilities will allow the City to continue to provide front line services in an efficient and effective manner. Contingent funding for major projects such as the Loyalist Plaza, Exhibition Field House and Partridge Island will the respective project sponsors to actively pursue other funding partnerships and increase the likelihood of success. 158 Recommendation That Common Council approve the 2015 General Fund Capital Budget in the net amount of $11,749,010 as per the attached schedule. Jvatrick Woods, CGA City Manager 159 2015 General Capital Budget Project # DEPARTMENT DESCRIPTION BUDGET-OTHER SHARE BUDGET - CITY SHARE 1 Recreation & Municipal owned Canada Games Aquatic Swim Meet Equipment $ 25,000.00 facility Centre 2 Recreation & Municipal owned Canada Games Aquatic Replace doors (fire /exit doors, handicap access) $ 24,975.00 facility Centre 3 Recreation & Municipal owned Canada Games Aquatic Replace DE Filters $ 29,700.00 facility Centre 4 Recreation & Municipal owned Canada Games Aquatic Masonry Repairs $ 12,825.00 facility Centre 5 Recreation & Municipal owned Canada Games Aquatic Replace Chlorine PH pumps &Injectors $ 34,290.00 facility Centre 6 Recreation & Municipal owned Canada Games Aquatic Air Handling Unit # 1 $ 508,500.00 facility Centre 7 Recreation & Municipal owned Canada Games Aquatic Replace Pneumatic Devices $ 55,000.00 facility Centre g Recreation & Municipal owned Canada Games Aquatic LED Lighting Project Approved in 2014 $ 132,000.00 facility Centre 9 YMCA Economic Development Phase 3 of Capital Request $ 160,000.00 10 Barbour General Store Facility Management Repair /maintenance - windows, painting, heating $ 25,000.00 11 Belyea Arena Facility Management Belyea Arena- Two New Dehumidifiers (Energy Management) $ 60,000.00 12 City Market Facility Management City Market -Various Captital Repairs $ 700,000.00 13 Energy Management Facility Management Energy Upgrade on Heating - Horicultural $ 35,000.00 14 Facilty Management Facility Management Building Demolition $ 90,000.00 15 Fire Station Facility Management Replace Overhead Doors $ 52,000.00 16 General Repairs Facility Management Multiple Capital Projects $ 300,000.00 17 Gorman Arena Facility Management Boilers Repalcement at Gorman Arena (Energy Management) $ 50,000.00 18 Hurley Arena Facility Management Hurley Arena- Brine Headers Replacement (Energy Management) $ 50,000.00 Peter Murray Arena- Phase 2 Installation of Motor Control Center for the $ 45,000.00 19 Peter Murray Arena Facility Management Ice Plant (Energy Management) Page PA 6 2015 General Capital Budget Project # DEPARTMENT DESCRIPTION BUDGET - OTHER SHARE BUDGET - CITY SHARE 20 Sustainable Energy Management Program Facility Management Sustainable Energy Management Program on City Owned Buildings (Energy Management) $ 95,000.00 21 22 Tourist Information Centre West Works North Garage /Offices Facility Management Facility Management Upgrade Entrance Systems to Barrier -Free Install Fire Alarm System Complete with Gas Detection $ 30,000.00 $ 55,000.00 23 Asset Management Finance and Admin Services Asset management Software $ 215,000.00 24 Public Safety Fire Replacement of aged Bunker Gear $ 65,000.00 25 Public Saftey Fire Replacement of aged SCBA packs and Bottles $ 51,000.00 26 Fleet Fleet Management Fleet Replacement $ 2,000,000.00 $ 1,010,000.00 27 28 Development Incentives Growth and Community Growth and Community Development Growth and Community Development Development Incentives Harbour Passage Renewal $ 250,000.00 $ 780,000.00 29 Facilty Management Harbour Station Replace 1993 Zamboni $ 105,000.00 30 Facilty Management Harbour Station Complete Phase 2 of Fluorescent Lighting Project $ 40,000.00 31 Facilty Management Harbour Station Replace 1993 Food and Beverage Equipment $ 60,000.00 32 Strategic Services Information Technology Replace Financial and CAD/ Crimes/ Fires Servers $ 130,000.00 33 Strategic Services Information Technology Replace City's Network Infrastructure $ 85,500.00 34 Strategic Services Information Technology Server Infrastructure Replacement $ 190,500.00 35 Strategic Services Information Technology Applications and Hardware to Support One Stop Shop initiative $ 40,000.00 36 Strategic Services Information Technology Applications and Systems (upgrades and implementation of ERP) $ 30,000.00 37 Strategic Services Information Technology Connectivity $ 24,000.00 Page Pof 6 2015 General Capital Budget Project # DEPARTMENT DESCRIPTION BUDGET - OTHER SHARE BUDGET - CITY SHARE 38 Strategic Services Information Technology Replacement Equipment from Reserve $ 553,875.00 39 Facilty Management Library Capital improvments $ 85,000.00 40 Facilty Management Lily Lake Pavillion Year 2 of 3 for Capital improvements $ 150,000.00 41 Economic Development Saint John Industrial Land Acquisition and Improvement $ 300,000.00 parks Ltd. 42 Transportation and Environmental Trans p Saint John Parking Purchase Single Head Parking Meters and Spare Mechanisms $ 26,000.00 Services Commission 43 Transportation and Environmental Saint John Parking Upgrade Ticket Writing Equipment and Software $ 35,000.00 Services Commission 44 Public Saftey Saint John Police Safety Equipment $ 90,000.00 Commission 45 Transportation and Environmental Saint John Transit Bus Replacement to maintain average 5 years $ 480,000.00 Services Commission 46 Transportation and Environmental Saint John Transit Replace GPS modules with updated modules $ 60,000.00 Services Commission 47 Transportation and Environmental Saint John Transit Handi -Bus replacement to maintain average age 2.5 years $ 140,000.00 Services Commission 48 Transportation and Environmental Saint John Transit Intallation and replacement of 100 bus stop signs $ 25,000.00 Services Commission 49 Transportation and Environmental p Saint John Transit Automated voice announcement system for the sight impaired $ 344,720.00 Services Commission SO Fundy Quay - Waterfront Dev Saint John Waterfront Funds for legal, engineering, project &environmental management $ 50,000.00 Development 51 Harbour Passage Saint John Waterfront Painting, repairs to signage, structures and walkway $ 70,000.00 repairs /refurbishment Development Smythe St. Rehab /Expansion Joint Saint John Waterfront Asset management - Replace leaking & worn expansion joints (approved $ 105,000.00 52 (5 &6) Development in 2014) 53 Public Saftey SJEMO EMO - Review and recommend appropriate notification system $ 25,000.00 Phase 3 - LED Lighting Great Hall, Furniture, Fire Sprinklers Kitchen, $ 330,000.00 54 Economic Development Trade and Convention Kitchen Reno Pagi 9� 6 2015 General Capital Budget Project # DEPARTMENT DESCRIPTION BUDGET - OTHER SHARE BUDGET - CITY SHARE Park Improvements - Includes for the replacement and renewal of Transportation & existing infrastructure such as sportfield assets, playground, tennis $ 380,000.00 55 Parks &Public Spaces Environment Service courts and other facilities. Subject to change based on adoption of Play SJ and right- sizing strategy. Transportation & Bellview Avenue Install 125m of new storm sewer, including design and $ 150,000.00 56 Storm Environment Service construction management services. Project to be funded under G.T.F. Harding Street Install approx. 300m of new 300mm storm sewer for 57 Storm Transportation & separation, including construction management services. Project to be $ 320,000.00 Environment Service funded under G.T.F. Honeysuckle, Sherbrooke Street Drainage Basin, Installation of two new 58 Storm Transportation & storm outfalls, including construction management services. Project to $ 1,100,000.00 Environment Service be funded under G.T.F. Honeysuckle, Sherbrooke Street Drainage Basin Drainage channel 59 Storm Transportation & improvements, including construction management services. Project to $ 450,000.00 Environment Service be funded under G.T.F. Jean Street - Install approx. 260m of new 300mm storm sewer for 60 Storm Transportation & separation, including construction management services. Project to be $ 325,000.00 Environment Service funded under G.T.F. Waterloo Street -Peter to Paddock - Install 98m of new 300mm storm 61 Storm Transportation & sewer on Kelly Lane to pick up flow from natural stream. Project to be $ 80,000.00 Environment Service funded under G.T.F. Transportation & Lancaster Street - Install 75m of new storm sewer, including design and $ 100,000.00 62 Storm Environment Service construction management services. Project to be funded under G.T.F. Milford Drainage Basin - Gifford Road - Install approx. 160m of new 300mm and 100m of 200mm storm sewer and structures for separation 63 Storm Transportation & in the area and 25m of 375mm storm outfall piping with headwall. $ 575,000.00 Environment Service Includes construction management services. Project to be funded under G.T.F. Milford Drainage Basin, River Hill Road - Install approx. 300m of new Transportation & 300mm and 65m of 375mm storm sewer for separation in the area and $ 805,000.00 64 Storm Environment Service renew existing 300mm with new 375mm storm outfall, including construction management services. Project to be funded under G.T.F. Page P64 6 2015 General Capital Budget Project # DEPARTMENT DESCRIPTION BUDGET - OTHER SHARE BUDGET - CITY SHARE Milford Drainage Basin - Russell Hill Road - Install approx. 140m of new Transportation & 200mm and 300mm storm piping and structures for separation in the $ 200,000.00 65 Storm Environment Service area. Includes construction management services. Project to be funded under G.T.F. Paddock Street - Install approx. 71m of new 375mm storm sewer for 66 Storm Transportation & separation, including design and construction management services. $ 50,000.00 $ 18,000.00 Environment Service Partially Funded under G.T.F. Transportation & Richmond Street - Install 130 m of new 300 mm storm sewer, including $ 160,000.00 67 Storm Environment Service construction management services. Project to be funded under G.T.F. Waterloo Street - Golding to Richmond - Install approx. 150m of new 68 Storm Transportation & 300mm storm sewer for separation, including construction management $ 110,000.00 Environment Service services. Project to be funded under G.T.F. Westgate Park Drainage Basin - Construction of channel modifications to 69 Storm Transportation & regrade the existing drainage channel, including design and construction $ 115,000.00 Environment Service management services. Project to be partially funded under G.T.F. 70 Street Light Transportation & New Street Light Installation $ 40,000.00 Environment Service Renewal of asphalt roadway in conjunction with the annual asphalt 71 Transportation Transportation & roadway maintenance and rehabilitation program. Project to be partially $ 750,000.00 $ 500,000.00 Environment Service funded under G.T.F. Bellview Avenue - Street reconstruction (excavation, backfill, curb, 72 Transportation Transportation & sidewalk, landscaping and paving), including design and construction $ 225,000.00 Environment Service management services. Renewal of concrete curb and sidewalk including drainage control and Transportation & landscaping in conjunction with the annual asphalt roadway $ 750,000.00 73 Transportation Environment Service maintenance and rehabilitation program. Project to be partially funded under G.T.F. Dury Cove Road - Street reconstruction (excavation, backfill,ditch and 74 Transportation Transportation & pave) appox.150m including design and construction management $ 220,000.00 Environment Service services. Transportation & Guard Rail - Replacement of existing deteriorated guide rails. Phase 1 of $ 200,000.00 75 Transportation Environment Service 4 PageYlof 6 2015 General Capital Budget Project # DEPARTMENT DESCRIPTION BUDGET - OTHER SHARE BUDGET - CITY SHARE Jean Street - Street reconstruction (excavation, backfill, road widening, Transportation & curb, sidewalk, landscaping, paving), including construction management $ 530,000.00 76 Transportation Environment Service services. Street asphalt pavement width to be narrowed. Asphalt pavements $190,000 / 0.74LK Paddock Street - Street reconstruction (excavation, backfill, curb, 77 Transportation Transportation & sidewalk, landscaping and paving) including design and construction $ 130,000.00 Environment Service management services. Retaining Walls - Replacement of existing deteriorated retaining wall 78 Transportation Transportation & supporting the street and sidewalk, including design and construction $ 200,000.00 Environment Service management services. Richmond Street - Street reconstruction (excavation, backfill, curb, 79 Transportation Transportation & sidewalk, landscaping and paving), including construction management $ 260,000.00 Environment Service services. 80 Transportation Transportation & Sydney /King Street -New Pedestrian Crossing signals $ 250,000.00 Environment Service Union Street/ S. Patrick Street Intesection - Replace all above and below 81 Transportation Transportation & ground traffic infrastructure, consider alignment improvements and $ 250,000.00 Environment Service installing actuation of vehicle and pedestrian movements. Waterloo Street - Castle to Richmond - Street reconstruction (excavation, 82 Transportation Transportation & backfill, curb, sidewalk, landscaping and paving), including construction $ 650,000.00 Environment Service management services. Waterloo Street - Peters to Paddock - Street reconstruction (excavation, 83 Transportation Transportation & backfill, curb, sidewalk, landscaping and paving) including design and $ 150,000.00 Environment Service construction management services. BUDGET Page 665 6 $ 8,808,875.00 $ 11,749,010.00 REPORT TO COMMON COUNCIL M &C 2015 -43 March 4, 2015 His Worship Mel Norton And Members of Common Council Your Worship and Councillors: SUBJECT The City of Saint John 2015 Agreement with Fortis Properties for Cleaning and Security Services for Chipman Hill and City Market Pedways BACKGROUND The overhead and underground pedway system connects much of the uptown area, and provides citizens and visitors barrier -free accessible access to shopping, restaurants, arts, entertainment, fitness, accommodations, and many other services without having to venture out into the elements. Fortis Properties Corporation (Fortis Properties) has been providing cleaning and security services for the Chipman Hill and City Market pedways for many years. In the meeting of Common Council on June 23rd, 2014, it was resolved that: As recommended by the City Manager in the submitted report M &C 2014 -03: 2014 Agreement with Fortis Properties for Cleaning and Security Services for Chipman Hill and City Market Pedways: 1) The City enter into a one (1) year agreement with Fortis Properties Corporation for cleaning and security services for the Chipman Hill Pedway and security services for the City Market Pedway at a cost of $71,184.82 including HST for the year 2014 in the form as attached to this M &C 2014 -03, and 2) That the Mayor and Common Clerk be authorized to execute the said agreement. This report provides our recommendation to enter into a one (1) year agreement with Fortis Properties for cleaning and security services for the Chipman Hill Pedway and security services for the City Market Pedway at a total cost of $72,100.47 ($6,008.37 monthly), including HST for 2015. ANALYSIS AND FINANCIAL CONSIDERATIONS As presented in a previous report to Common Council (M &C 2013 -183), the cost of the services provided by Fortis Properties is less than cost for which the City of Saint John could procure and /or provide the services directly. Fortis Properties is able to be very competitive with their pricing since they have been providing these services for many years and have developed efficiencies in doing so. They also recognize the value of the pedways to Brunswick Square and the Delta Hotel, thus, they have shared the cost of these services with the City of Saint John, further reducing the cost to the City. 166 Report to Common Council Page 2 of 2 2015 Agreement with Fortis Properties for Cleaning and Security Services for Chipman Hill and City Market Pedways The total cost of cleaning and security services for the Chipman Hill and City Market pedways for the 2015 calendar year are estimated to be $72,100.47 ($6,008.37 monthly), including HST. This cost is slightly more than 2014 ($71,184.82 or $5,932.07 monthly, including HST) due to inflationary increases. Staff of the Facility Management Division considers that the proposed agreement with Fortis Properties is a cost effective solution as compared to the alternatives available at this time, thus, recommends its execution. Funding for the costs associated with this agreement for cleaning and security services have been provided in the 2015 operating budget of the Facility Management Division. INPUT FROM OTHER SOURCES Representatives from Facility Management, Finance, and Legal Services have reviewed this report and are satisfied with the recommendations as they pertain to their respective areas of service. RECOMMENDATION Your City Manager recommends: 1) That the City enter into a one (1) year agreement with Fortis Properties Corporation for cleaning and security services for the Chipman Hill Pedway and security services for the City Market Pedway at a cost of $72,100.47 including HST for the year 2015 in the form as attached to this M &C 2015 -43; and 2) That the Mayor and Common Clerk be authorized to execute the said agreement. Respectfully submitted, Trevor Gamblin, M.Sc.E, P.Eng. Manager, Facility Management Gregory J. Yeomans, CGA, MBA Commissioner, Finance and Administrative Services Patrick Woods, CGA City Manager 167 THIS AGREEMENT made in duplicate copies this day of , 2015. BY AND BETWEEN: FORTIS PROPERTIES CORPORATION, a duly incorporated company having offices in the City of Saint John, in the County of Saint John, and Province of New Brunswick, hereinafter called "Fortis" OF THE FIRST PART - and — THE CITY OF SAINT JOHN, having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "City" OF THE SECOND PART WHEREAS the City is the owner of premises known as the "Chipman Hill Pedway" and the "City Market Pedway", hereinafter called "the Pedways "; AND WHEREAS Fortis is the owner of the premises located in between the two Pedways; AND WHEREAS the purpose of this agreement is to provide for the maintenance and security of the Pedways by Fortis; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements herein and subject to the terms and conditions set out in this Agreement, the parties agree as follows: 1. This Agreement is for a term of one (1) year beginning on January 1, 2015 and ending on December 31, 2015. 2. Fortis shall keep the Chipman Hill Pedway in a clean and tidy condition and not permit garbage, ashes, waste or objectionable material of any kind to accumulate on or about the Pedway. This includes, but is not necessarily limited to floors, windows, window frames, doors and railings. The City shall keep the City Market Pedway in a clean and tidy condition and not permit garbage, ashes, waste or objectionable material of any kind to accumulate on or about the City Market Pedway. This includes but not necessarily limited to floors, windows, window frames, doors and railings. 3. (a) Fortis shall have access to the Pedways to carry out inspections of the condition of the said Pedways. W. 2 (b) In the event that such inspections reveal that emergency type repairs or replacements are required, then in such an event, Fortis shall immediately perform such repairs or replacements as are necessary to correct the emergency in a good and workmanlike manner, and subsequently advise the City of the emergency and related repairs as soon as reasonably possible. For such emergencies, Fortis shall add and the City shall pay a 15% administration fee to all costs incurred. (c) In the event that such inspections reveal that non - emergency type repairs or replacements are required, then in such an event, Fortis shall so advise the City, and the City shall do these non - emergency type repairs or replacements at its own costs at its full discretion. 4. The City shall maintain the structural integrity of the Pedways. 5. (a) The City shall keep the Temperature in the Pedways set at 19 degrees Celsius twenty - four (24) hours per day and seven (7) days per week between the months of October and May. (b) The City shall provide cooling to the Chipman Hill Pedway only when the temperature reaches or exceeds 24 degrees Celsius between the months of June and September and only between the hours of 9:30 am and 5:30 pm, Monday through Saturday. 6. The City shall maintain signage on the Pedways to the effect that the Pedways are owned, maintained and operated by the City and that any concerns or complaints related to the Pedways should be directed to the City. 7. Fortis shall not make any changes, including painting, to the Pedways without the prior written consent of the City. 8. Subject to section 9 hereof, Fortis shall provide the services listed in Schedules "A" and `B" at the cost set out in the said Schedules, both of which Schedules are attached hereto and form part hereof and the City shall pay Fortis a total of $72,100.47, inclusive of HST and administration fees, for said services rendered hereunder in 12 equal monthly instalments due and payable the first day of each month beginning January 1, 2015 and ending December 31, 2015. For certainty, Schedule "A" and Schedule `B" are a detailed breakdown of the services to be provided by Fortis and related cost for each Pedway. 9. Fortis shall invoice the City separately and the City shall pay for electricity supplied to the Pedways based on monthly consumption. 10. The City shall indemnify and save harmless Fortis and its affiliates from and against all actions, proceedings, claims and demands brought against Fortis, and from and against all losses, costs, damages or expenses suffered or incurred by Fortis, by reason of any damage to property, including property of Fortis or injury, including injury resulting in death, to persons, including the employees, servants, agents licensees and invitees of Fortis, caused by, resulting from or attributable to the negligent act or omission of the City or any of its employees, servants, or agents in the performance of this Agreement. 169 3 11. Fortis shall indemnify and save harmless the City from and against all actions, causes of actions, proceedings, claims and demands brought against the City, and from and against all losses, costs, damages or expenses suffered or incurred by the City, by reason of any damage to property, including property of the City or injury, including injury resulting in death, to persons, including the employees, servants, agents licensees and invitees of the City, caused by, resulting from or attributable to the negligent act or omission of Fortis or any of its employees, servants, or agents in the performance of this Agreement. 12. Notwithstanding anything to the contrary contained in this Agreement, the City and Fortis shall not be liable to each other in any way for indirect or consequential losses or damages, or damages for pure economic loss, howsoever caused or contributed to, in connection with this Agreement. 13. During the term of the Agreement, Fortis shall at its sole cost, obtain and keep in full force commercial general liability insurance for claims for damages from personal injury including death, and for claims from property damage which may arise under this Agreement, which coverage shall have an inclusive limit of not less than Five Million Dollars ($5,000,000.00) for each occurrence, and which insurance shall also include the following (i) the City as an additional insured; and (ii) a cross liability clause. Fortis shall provide a certificate of insurance to the City evidencing such insurance coverage. 14. If either party defaults in the observance or performance of any covenant or obligation in this Agreement and the default continues for twenty days after written notice of it or in the case of a default not involving the payment of money which cannot with due diligence be cured within a 20 day period, this Agreement shall, at the option of the party who is not in default terminate. Other than for a default which is not remedied as set out above, this Agreement may be terminated by either party on 60 days notice in writing. 15. The provisions of sections 10, 11 and 12 survive termination of the Agreement. 16. This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. 17. Both parties hereto shall comply with the requirements of every applicable statute, law, by- law, ordinance, regulation, guideline or order with respect to the condition, maintenance, use or occupation of the Pedways and all systems related thereto, including but not limited to the electrical and sprinkler systems. 18. Any Notice, request or demand provided for in this Agreement shall be in writing: To the City addressed to: Trevor Gamblin, Facilities Management The City of Saint John 15 Market Square P.O. Box 1971 Saint John, NB E2L 4L1 170 4 And if to Fortis addressed to: Fortis Properties Corporation 39 King Street Saint John, NB E2L 4W3 and may be delivered in person or sent by prepaid registered mail. Any notice which is delivered personally shall be effective when delivered. Notices mailed shall be deemed to be effective on the third day following mailing whether or not it has been received or picked up by the addressee. In the event of a postal strike or interruption, service shall be personal. Either party may give notice in writing of a change of address. 19. This Agreement and everything contained in it is binding upon the parties and shall extend to and bind the respective successors and permitted assigns of the parties. 20. It is hereby understood and agreed between the parties hereto that the terms and conditions set forth herein embrace the whole terms and conditions of the Agreement entered into by the parties and supersede and take the place of any previous agreements or representations of any kind, written or verbal, previously paid by anyone whether an agent or employee of a party or not, in reference to the terms addresses herein or which in any way affect the building or equipment of which the Pedways form part. 21. If any of the terms of this Agreement is declared to be in any way invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect. THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY 171 5 22. The Laws of the province of New Brunswick shall govern this Agreement. IN WITNESS WHEREOF the parties have affixed their respective corporate seals, attested by the hands of their respective officers duly authorized in that behalf on the day aforementioned. SIGNED, SEALED & DELIVERED) In the presence of: ) (ca of `/ L,,,-� FORTIS PROPERTIES Per: Terry K. Chaifey VA Real Estate THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 172 SCHEDULE "A" BUDGET COSTS FOR CITY OF SAINT JOHN SKYWALK TO CITY HALL PEDWAY FOR THE PERIOD JANUARY 1, 2015 TO DECEMBER 31, 2015 SERVICES PER ANNUM MONTHLY Cleaning Jan to Dec 2015 $1,677.78 $139.82 based on 702 sf @ 2.39 /psf 7 days per week Security Office Lobby Desk - 24 hr service Based on $15.38 per hour Jan to May and $34,221.50 $2,851.79 $15.68 June to Dec 3 hrs per day Window Cleaning Exterior two per year @$200 ea $400.00 $33.33 Interior per month @$75 ea $900.00 $75.00 Monitoring SprinkerlFire Protection Systems $1,300.00 $108.33 Sub Total $38,499.26 $3,208.27 15% Administration Fee $5,774.89 $481.24 Sub Total $44,274.17 $3,689.51 HST $5,755.6 4 $479.64 TOTAL $50,029.81 $4,169.15 Cost breakdown for Security Services, City Market Pedway /Pavilion & City Hall Skywalk Pedway to City Hall Security 2nd guard is required till lam due to pedway hours - (without pedway only one guard would be required) as Centre would he locked down at 7pm Mon, Tues, Wed, Sat 10 /pm, Thurs & Fri and locked Sunday) ie additional guards required and reflected in billings to City are: 6 hrs per day x Mon, Tues, Wed & Sat 24 hrs /week 3 hrs day x Thurs and Fridays 6 hrs/week 19 hrs day x Sundays 19 hrs/week 49 hrs/week x 52 weeks Assume Sunday shopping December 1 month x 5 hrs /Sunday = 20 hrs 2,548 hrs/yr -20 hrs/vr 2,528 Recognizing value of pedway additional hrs to Delta, Brunswick Square and City amount to be cost shared at 50% each City share = 1/2 of 2,528 hrs City Costs 1,264 hrs /yr + 936 hrs for regular patrols shopping centre ( 3 hrs per day) 2,200 hrs yr total to City 915 hrs x $15.38 + 1,285 hrs x $15.68 = $34,221.50 per annum or $2,851.79 per month 173 SCHEDULE "B" BUDGET COSTS FOR CITY OF SAINT JOHN SKYWALK TO CITY MARKET PEDWAY FOR THE PERIOD JANUARY 1, 2015 TO DECEMBER 31, 2015 SERVICES PER ANNUM MONTHLY Cleaning Deleted in 2009 and City staff to maintain cleaning Security Office Lobby desk - 24 hrs per day Based on $15.38 per hour Jan to May and $16,983.96 $15.68 June to Dec 3.5 hrs per day charged Window Cleaning Deleted in 2009 and City staff to maintain windows Sub Total $16,983.96 15% Administration Fee $2,547.59 $19,531.55 HST $2,539.10 TOTAL $22,070.66 174 $1,415.33 $1,415.33 212.30 $1,627.63 211.59 $1,839.22 REPORT TO COMMON COUNCIL M & C — 2015 -48 March 10, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Acquisition of Easement for Municipal Services Civic #700 Fairville Boulevard (Kent Store) ANALYSIS City of Saint John During the construction of the Kent Store at civic #700 Fairville Boulevard, J.D. Irving, Limited relocated an existing City owned sanitary sewer line that ran through the center of this property. This sanitary line has been relocated and is situated within the intended easement area shown on an attached plan of survey. J.D. Irving, Ltd. has recently forwarded the necessary documentation and plan of survey required by the City to maintain its infrastructure. If Council is in agreement, the following recommendation will formalize the property rights required by the City for the infrastructure. RECOMMENDATIONS 1. That The City of Saint John acquire from J.D. Irving, Limited an Easement for Municipal Services /Municipal Services Easement in and through the lands at civic #700 Fairville Boulevard (bearing PID #34033) for $1.00; and 2. That the Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction. Respectfully submitted, Curtis Langille, BA Real Estate Officer Gregory J. Yeomans, CGA, MBA Commissioner Finance and Administrative Services 175 Brian Irving, BBA Manager Real Estate Patrick Woods, CGA City Manager M� W 1.� LL O O N }(D U) ^E CL 0 c E w 4- O c O Cr v dpol 1 • •r � F M /�. / ` Y t • wail � � � _ iko 1 r l v - _ 1 to Lt7 LO r O r C•7 O a` N �a aix WONX twim FAffM -M BOULEVARD � or rcw -l0 !qf A TRO/O1m Z.0 IIrL W %kWT I3R 3A9p1}11 IN �AWR OF li Ott OF J-01M. INA anu COORDIAW VxJEsl �1�r c Morzs ON OoM9RAiidi RNOItlE9 Mq 0001011A)[� #IOIMI OM P U /lMl All OMEO Ol V! Ile looM c l i1G At P my sor rRO�lCPPI MO Pl 11MU( m Sm A41FJ1em'o ry i OMP M wY�l'UOfl IIC111i om OOQA "CT U M 01SIMIIOFS PD f�>D A OOoiD !fN[ ul,aPO omu POOFL P120. -W C00O Mi 1u OP) p= E = Ur —, M 000111CiT E C WAT xAUaOlt l�iAl� m a WC rtAP MlE P� 61110 COW7T I®IRf 01 INO P11LA 01►RL - AAWA7I O'MM M�OIAI A OR1MFIp@{�R7tI1fW�!! KIOVge, ML �lAeNl. NOR 1010 AC mlli l e[10.\tfi lf�At9 - OE1111FlC M if POf NOE AS 10 CMNWM 7ArT GOUYHIFTI(MS�}�N 7! WCAOW R My iM OW SUN= � a. Rry fts o00 fflt 0 OCIOPIR M, 3011 177 nil OF "I" xmm nwro><>h IMAM Of 11l MM EX 01 6114,E KMEVA 1D. cm ar:%+ple, 00Olry 07 3AM3 AIM, �IIW31C'E oP )� 1 I m. "p i l�na+rlo.l,wM/l1l.i1MD,MlS2 �/ 118 R�111AI!/>S 3016 /ll REPORT TO COMMON COUNCIL M & C 2015 -52 March 11, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Tin The City of Saint john CONTRACT 2014 -20: COLPITTS AVENUE- WASTEWATER LIFT STATION UPGRADES BACKGROUND The approved 2014 Water & Sewerage Utility Fund Capital Program includes funding for the construction of the Colpitts Avenue- Wastewater Lift Station Upgrades project. The work generally involves the installation of a new wet well, new underground mechanical components and small amounts of sanitary sewer and force main. In 2014 the City purchased a lift station package to replace the existing Colpitts Sanitary Lift Station. The installation of this packaged lift station will be done by city forces once the construction of the civil works included in this tender is completed. TENDER RESULTS Tenders closed on March 10, 2015 with the following results, including HST: 1) Fairville Construction Ltd., Saint John $144,493.10 2) Galbraith Construction Ltd., Saint John $149,270.74 3) Maguire Excavating Ltd., Saint John $202,805.62 4) Terraex Inc., Saint John $220,333.05 The Engineer's estimate for the work was $160,000.00, including HST. ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal with the exception of the tender submitted by Gulf Operators Ltd., where the tenderer provided a qualification to the terms of the Tender Documents. The tender submitted by Gulf Operators Ltd. was rejected by the Tender Opening Committee in accordance with General Specifications Division 2 — Instructions to Tenderers and Tendering Procedures, item 2.8.03 j). Staff is of the opinion that the low tenderer has the necessary resources and ability to perform the work. 178 M & C 2015 -52 March 11, 2015 Page 2 It is anticipated that this work will commence in the spring of 2015 and be completed by August 31, 2015. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2014 Water & Sewerage Utility Fund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the purchase of a packaged lift station and the estimated amount of work that will be performed by the Contractor, City forces and others. The analysis is as follows: Budget $150,000 Project Net Cost $193,000 Variance (shortfall) $ 43,000 The above variance can be managed within the overall Water & Sewerage Utility Fund Capital Program envelope. POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract 2014 -20: Colpitts Avenue- Wastewater Lift Station Upgrades, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $144,493.10 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, Pierre LeBlanc, P. Eng. Municipal Engineer Wm. Edwards, P. Eng. r Commissioner Transportation and Environment 179 Brian Keenan, P. Eng. Engineering Manager J. Patrick Woods, CGA City Manager Saint John Parking Commission Commission sur le stationnement de Saint John REPORT TO COMMON COUNCIL March 11, 2015 Mayor Mel Norton & Members of Common Council City of Saint John P.O. Box 1971 Saint John, NB E2L 41-1 Your Worship & Members of Common Council: 11th Floor, City Hall, 11i6me Etage, H6tel de Ville P.O. Box 1971 / C.P. 1971 Saint John, N.B. /N. -B. E2L 4L1 Tel / T61: (506) 658 -2897 Fax/ T616copieur: (506) 649 -7938 E -mail / Courriel: parking@saintjohn.ca RE: Traffic By-law Amendment — Residential Parking Permit Fee Increase The Saint John Parking Commission administers the Residential Parking Permit Program on behalf of the City of Saint John. Residents of the South - Central Peninsula may apply for a residential parking permit upon providing a copy of their vehicle registration and proof of residency. The residential parking permit exempts the permit holder from the two -hour parking restriction in effect on the streets in the residential zone in which they live. Temporary visitor parking permits are also available for out -of -town guests of residents. The cost of the residential parking permit is currently $33.90 ($30.00 + 3.90 HST) per year; and the temporary permit is $5.65 ($5.00 + .65 HST) per week or portion thereof. The permit fee was last changed in 2004; it was reduced from $60.00 + HST to $30.00 + HST when the residential permit areas were expanded and the restrictions on the allowable number of parking permits issued to residents were removed. It is now proposed that the fee for the parking permit be increased as follows: Type Fee Monthly Pro -Rated Fee Annual Residential Permit $48.00 /year ($42.48 + 5.52 HST) $4.00 ($3.54 + .46 HST) Temporary Visitor Permit $7.00 /week or portion thereof N/A ($6.19 +.81 HST) The permit year expires at the end of April of each year; and it is recommended that the fee increase be implemented for the 2015/2016 permit year. www.saAghn.ca Report to Common Council March 11, 2015 Page 2 RECOMMENDATION It is recommended that Common Council approve the proposed amendment to Section 25(5) and 25(6) of the City of Saint John Traffic By -Law as attached, to be effective for the 2015/2016 permit year. Respectfully submitted, Richard J. Smith General Manager Saint John Parking Commission I CID- i P trick Woods, CGA Cit Manager /vf 181 A BY -LAW TO AMEND A BY -LAW RESPECTING TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN MADE UNDER THE AUTHORITY OF THE MOTOR VEHICLE ACT, 1973, AND AMENDMENTS THERETO ARRETE MODIFIANT L'ARRETE RELATIF A LA CIRCULATION DANS LES RUES DANS THE CITY OF SAINT JOHN EDICTS CONFORMEMENT A LA LOI SUR LES VEHICULES A MOTEUR (1973) ET LES MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lors d'une reunion du conseil municipal, The City of Saint John as follows: The City of Saint John a d6cret6 cc qui suit: A By -law of The City of Saint John entitled "A By -law Respecting Traffic On Streets In The City of Saint John Made Under The Authority of The Motor Vehicle Act, 1973, and Amendments Thereto ", enacted on the 190' day of December, A.D. 2005 (the "By- law "), is hereby amended as follows: 1 Subsection 25(5) is repealed and replaced with the following: 25(5) A person who wishes to stay overnight at a property that is listed in Schedule "O" may apply for a temporary residential zone parking permit. The fee for such a permit is $7.00 including applicable taxes. A temporary residential zone parking permit expires at 23:59 hours of the 6t" day following the day on which it was issued. Par les pr6sentes, 1'arret6 de The City of Saint John intitul6 << Arrete relatif a la circulation dans les rues dans The City of Saint John 6dicte conform6ment a la Loi sur les vehicules a moteur (1973) et les modifications aff6rentes », d6cret6 le 19 decembre 2005 ((< Arrete »), est modifi6 comme suit: 1 Le paragraphe 25(5) est abroge et remplace par cc qui suit : 25(5) Il est permit a quiconque qui desire passer la nuit sur une propri6te situ6e adjacente a une rue inscrite a I'annexe « O » de faire la demande d'un permis de stationnement temporaire dans une zone residentielle. Les frais d'obtention d'un tel permit sont de 7 $, taxes applicables en sus. Un permis de stationnement temporaire dans une zone residentielle expire a 23 h 59 le sixi6me jour suivant le jour de delivrance dudit permit. 2 Subsection 25(6) is repealed and replaced 2 Le paragraphe 25(6) est abroge et remplace with the following: par cc qui suit : 25(6) The annual fee for a residential zone parking permit shall be $48.00 including applicable taxes. 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. 2015 signed by: Mayor /Maire 25(6) Les frais annuels relatifs a Pobtention d'un permis de stationnement dans une zone residentielle sont de 48 $, taxes applicables inclus. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arret6 le 2015, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 182 PR- OCLAMA TION WHEREAS Engineers and Geoscientists New Brunswick was founded in 1920 in Saint John to ensure only qualified professionals are licensed to practice engineering in this Province; and WHEREAS Engineers and Geoscientists New Brunswick is the provincial association mandated to serve and protect the public interest by regulating the practice of engineering in the Province; and WHEREAS in a 21" century economy, engineers are faced with many challenges in developing sustainable structures and systems to improve the quality of life of New Brunswickers; and WHEREAS engineers are professional practitioners within the STEM field concerned with applying scientific knowledge, mathematics, and ingenuity to develop solutions for technical, societal, and commercial problems; and WHEREAS engineers use their scientific skills and specialized knowledge and skills in creative and innovative ways to fulfill society's needs; and WHEREAS National Engineering Month is an annual celebration of Canadian engineering excellence that promotes recognition of the importance of a technical education and a high level of math, science and technology literacy, and motivates youth to pursue engineering careers in order to provide a diverse and vigorous engineering workforce; and, WHEREAS the Saint John Branch of Engineers and Geoscientists New Brunswick would like to acknowledge engineers across the region in honour of National Engineering Month, observed throughout March, 2015. NOW THEREFORE: I, Mayor Mel Norton, of Saint John, do hereby proclaim the month of March 2015 as National Engineering Month and urge all citizens to join me in recognizing the important contributions of engineers to our daily lives. In witness whereof I have set my hand and affixed the official seal of the Mai City of Saint John. 183 The City of Saint John March 17, 2015 Deputy Mayor and Councillors Subject: Former Reversing Falls Restaurant Building — Proposed Demolition The Committee of the Whole, having met on March 16, 2015, made the following recommendation: That Common Council adopt the resolution in the submitted report entitled, M &C 2015 -42: Former Reversing Falls Restaurant Building — Proposed Demolition, as follows: 1) Common Council approve the development and letting of a tender for the demolition of the Reversing Falls Restaurant located at 200 Bridge Road; and 2) Common Council allocate $90,000 to the demolition of the Reversing Fails Restaurant during the 2015 Capital Budget deliberations. Sincerely, Mel Norton Mayor �p SAINT WH P.O. Pzx 1971 Saint John, NS Camd a E A 4L1 I wvvwv &iingohn.Gi I CA 1 971 Saint John, N.-S. Canada EA 4L1 184