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2015-05-11_Agenda Packet--Dossier de l'ordre du jourr. City of Saint John Common Council Meeting AGENDA Monday, May 11, 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 April 13, 2015 2 - 7 2.2 Minutes of April 27, 2015 8-14 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 H. Sauerteig re: Liaison Plans of Local Pipeline Companies to Secure the 15-17 Participation of First Responders in Emergencies (Recommendation: Receive for Information) 5.2 2015 Roadway Construction Projects (Recommendation: Receive for 18-25 Information) 5.3 Access to Haymarket Square from Waterloo Street (Recommendation in Report) 26-27 5.4 2015 General Specifications Revisions (Recommendation: Receive for 28-29 Information) 5.5 Engineering Services: Union St/Saint Patrick St Intersection and Sydney St/King 30-33 Square North Intersection - Traffic Light Renewals (Recommendation in Report) 1 Powered By; $ &1BE. 5.6 Contract No. 2015 -11: Lancaster St (Winslow to Charlotte) - Watermain and 34-35 Sanitary Sewer (Recommendation in Report) 5.7 Licence for Saint John Adventures Inc. to Operate Zip Line at Fallsview Park 36-46 (Recommendation in Report) 5.8 Citizen Letters re: Prayer at Common Council Meetings (Recommendation: 47-90 Receive for Information) 6. Members Comments 7. Proclamation 7.1 Police Week - Week of May 10 to May 16, 2015 91 -91 7.2 International Day Against Homophobia and Transphobia - May 17, 2015 92-92 8. Delegations / Presentations 9. Public Hearings - 6:30 p.m. 2015 Asphalt Pavements Work 159-163 9.1 Staff Presentation - Proposed Section 39 Amendment - 15 Depot Court 93-106 Contract 2014 -17: Waterloo St., Richmond St. and Paddock St. - Water, 9.1.1 Planning Advisory Committee Report Recommending Section 39 107-125 Amendment 9.1.2 Proposed Section 39 Amendment regarding 15 Depot Court 126-132 167-297 10. Consideration of By -laws 11. Submissions by Council Members 11.1 SJMNRC Presentation (Councillor Norton) 133-133 11.2 The Canada 150 Fund (Mayor Norton) 134-136 12. Business Matters - Municipal Officers 12.1 Demolition of the Open, Vacant, Dilapidated, and Structurally Unsound 137-158 Buildings at 53 Parks Street Extension 12.2 2015 Asphalt Pavements Work 159-163 12.3 Contract 2014 -17: Waterloo St., Richmond St. and Paddock St. - Water, 164-166 Sanitary and Storm Sewer Renewal and Street Reconstruction 12.4 Proposed Saint John Taxicab By -Law 167-297 12.5 Building Permit Application - Henderson Lake Area 298-341 1 13. Committee Reports 3 13.1 Lord Beaverbrook Rink: Request to Present 342-342 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 L.W.F. Cuppens re: Poor State of Taxis in Saint John 343-343 15.2 Rocmaura Nursing Home Foundation - Oktoberfest - 17th Annual Foundation 344-346 Fundraising Dinner, Casino and Auction 16. Supplemental Agenda 16.1 Recommended Appointments to Committees - Saint John Energy 347-347 16.2 Public Information Session - Milford Sewer Separation Phase III 348-350 16.3 Provincially Designated Highways - 2015 Improvement Program 351 -355 16.4 Contract No. 2015 -02 - Sewer Cross Connections - Supply and Install Check 356-357 Valves 16.5 2015 Traffic Safety - Flow Projects and Maintenance 358-363 16.6 2015 Fleet Replacement Policy 364-367 17. Committee of the Whole 17.1 Destination Marketing Agreement - Renewal 368-368 17.2 Water and Sewerage Utility Accounts Receivable 369-369 17.3 Train Whistling Cessation 370-370 17.4 Revised Provisions - Saint John Substandard 371 -371 18. Adjournment 3 City of Saint John Common Council Meeting Monday May 11, 2015 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une r6union de Conseil communal, veuillez contacter le bureau du greffier communal au 658 -2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 10.2(4) of the Municipalities Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:00 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. Financial Matter 10.2(4)(c) 1.6. Resignation from Substandard Properties Appeal (Councillor McAlary) 1.7. Resignation from Substandard Properties Appeal (Councillor Strowbridge) 1.8. Cities of New Brunswick Meeting (Councillor McAlary) 1.9. Agreement 10.2(4)(c) 1.10. Financial Matter 10.2(4)(c) 1.11. Legal Matter 10.2(4)(g) The City of Saint John Seance du conseil communal Le lundi 11 mai 2015 Comite plenier 1. Ouverture de la seance Si vous souhaitez obtenir des services en frangais pour une reunion du Conseil communal, veuillez communiquer avec le bureau du greffier communal au 658 -2862. Chacun des points suivants, en totalite ou en partie, peut faire ('objet d'une discussion en prive en vertu des dispositions prevues au paragraphe 10.2(4) de la Loi sur les municipalites. Le conseil /comite prendra une ou des decisions a cet egard au cours de la seance publique : 16 h 30 — Salle de conference, 8e etage, hotel de ville 1.1 Approbation du proces- verbal — paragraphe 10.2(4) 1.2 Question relative a 1'emploi — alinea 10.2(4)j) 1.3 Question financiere — alinea 10.2(4)c) 1.4 Question financiere — alinea 10.2(4)c) 1.5 Question financiere — alinea 10.2(4)c) 1.6 Demission du Comite d'appel sur les residences non conformes aux normes (conseillere McAlary) 1.7 Demission du Comite d'appel sur les residences non conformes aux normes (conseiller Strowbridge) 1.8 Reunion de I'Association des cites du Nouveau - Brunswick (conseillere McAlary) 1.9 Convention — alinea 10.2(4)c) 1.10 Question financiere — alinea 10.2(4)c) 1.11 Question juridique — alinea 10.2(4)g) Seance ordinaire 1. Ouverture de la reunion, suivie de la priere 2. Approbation du proces- verbal 2.1 Proces- verbal du 13 avril 2015 2.2 Proces- verbal du 27 avril 2015 3. Adoption de I'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a I'approbation du conseil 5.1 Lettre regue de H. Sauerteig au sujet des plans de liaison des societes de pipelines pour garantir la participation des premiers intervenants dans les situations d'urgence (recommandation : accepter a titre informatif) 5.2 Projets de construction d'une route pour 2015 (recommandation : accepter a titre informatif) 5.3 Acces a la place Haymarket depuis la rue Waterloo (recommandation figurant au rapport) 5.4 Examen des specifications generales pour I'annee 2015 (recommandation accepter a titre informatif) 5.5 Services d'ingenierie : Intersection des rues Union et Saint Patrick et intersection de la rue Sydney et de King Square Nord — Renouvellement des feux de circulation (recommendation figurant au rapport) 5.6 Contrat no 2015 -11 : Rue Lancaster (de la rue Winslow 6 la rue Charlotte) — Conduite d'eau principale et egouts sanitaires (recommandation figurant au rapport) 5.7 Saint John Adventures Inc. — Permis d'exploitation d'une tyrolienne au parc Fallsview (recommandation figurant au rapport) 5.8 Lettres de citoyens relatives a la priere aux reunions du conseil communal (recommandation : accepter a titre informatif) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Semaine de la police du 10 mai au 16 mai 2015 7.2 Journee internationale de lutte contre I'homophobie et la transphobie — le 17 mai 2015 8. Delegations et presentations 9. Audiences publiques a 18 h 30 9.1 Presentation du personnel — Modification proposee a I'article 39 — 15, cour Depot 9.1.1 Rapport du Comite consultatif d'urbanisme recommandant la modification des conditions impos6es par I'article 39 9.1.2 Modification proposee a I'article 39 visant le 15, cour Depot 10. Etude des arretes municipaux 11. Interventions des membres du conseil 11.1 Presentation du Centre d'accueil multiculturel et des nouveaux arrivants de Saint John (conseiller Norton) 11.2 Le Fonds Canada 150 (maire Norton) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Destruction des batiments ouverts, vacants, delabres et peu solides situes au 53, rue Parks Extension 12.2 Travaux relatifs au revetement asphaltique en 2015 12.3 Contrat 2014 -17 — Renouvellement de la conduite d'eau et des egouts sanitaires et pluviaux et travaux de refection des rues Waterloo, Richmond et Paddock 12.4 Projet d'Arrete de Saint John reglementant les taxis 12.5 Demande de permis de construction concernant le secteur du lac Henderson 13. Rapports deposes par les comites 13.1 Patinoire Lord Beaverbrook : Demande visant a se presenter devant le conseil 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 15. Correspondance generale 15.1 L.W.F. Cuppens au sujet du mauvais etat des taxis a Saint John 15.2 Fondation du foyer de soins Rocmaura — Fete de la biere — 17' edition annuelle des activites de financement de la fondation (repas, casino et encheres) 16. Ordre du jour supplementaire 16.1 Recommandations de nominations pour sieger aux comites — Saint John Energy 16.2 Seance informative publique relative a la separation des egouts de Milford — Phase II 16.3 Programme d'amelioration des routes municipales designees de 2015 16.4 Contrat n° 2015 -02 : Raccordements d'egouts croises — Fourniture et installation des clapets de non - retour 16.5 Securite routiere en 2015 — Projets relatifs au flux de circulation et entretien des routes 16.6 Politique de renouvellement du parc de vehicules de 2015 17. Comite plenier 17.1 Renouvellement de 1'entente avec ('Organisation de marketing de destinations 17.2 Reseau d'aqueduc et d'egouts — Comptes fournisseurs 17.3 Arret du sifflement des trains 17.4 Dispositions revisees — Residences non conformes aux normes 18. Levee de la seance 98- COMMON COUNCIL /CONSEIL COMMUNAL APRIL 13, 2015/LE 13 AVRIL 2015 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — APRIL 13, 2015 - 6:00 P.M. Present: Deputy Mayor Rinehart Councillors Farren, Fullerton, Lowe, McAlary, Merrithew, Norton, Reardon and Strowbridge Regrets: Mayor Norton and Councillor MacKenzie - and - J. Hamilton Acting City Manager and Commissioner Growth and Community Development; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; K. Rice, Deputy, Commissioner of Transportation and Environment Services; K. Clifford, Fire Chief; N. Jacobsen, Commissioner of Strategic Services; A. Poffenroth, Deputy Commissioner of Growth and Community Services; P. Ouellette, Executive Director; J. Taylor, Common Clerk; P. Anglin, Deputy Common Clerk. 1. Call To Order — Prayer Deputy Mayor Rinehart called the meeting to order and Rev. Andrew Morse offered the opening prayer. 2. Approval of Minutes 3. Approval of Agenda On motion of Councillor Merrithew Seconded by Councillor McAlary RESOLVED that the agenda of this meeting be approved with the addition of items 16.1 Tender 2015- 084901T — Reinstatement of Utility Cuts — Asphalt Work; 16.2 Tender 2015- 084902T — Reinstatement of Utility Cuts — Concrete Work; and 16.3 Rescheduled date for Council Meeting. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 That the letter from K. McLean re: Council's Authority Regarding Riverview Memorial Park, be received for information. 5.2 That the letter from the Asian Heritage Society of New Brunswick regarding an Invitation to the Asian Heritage Celebration be received for information. 5.3 That the letter of support from the Canadian Association for Conservation of Cultural Property for the NB Museum Expansion be received for information. 5.4 That as recommended by the City Manager in the submitted report M &C 2015- 66: License Agreement with Beavertails (food Vendor) in Waterfront Area: 1. The City enter into a License agreement with Beavertails Commercial Inc. and Parent and Sons Investment Ltd. in the form and upon the terms and conditions set forth in the License Agreement attached to M &C 2015 -66; and further 2. That the Mayor and Common Clerk be authorized to execute the said License Agreement. On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. I 98- COMMON COUNCIL /CONSEIL COMMUNAL APRIL 13, 2015/LE 13 AVRIL 2015 Question being taken, the motion was carried. 15.1 Youth Safe Harbour Transitions Services Inc. — Request for Grant On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the matter be referred to the Grants Committee for a report back to Council at the next meeting of Council to be held on April 27tH Question being taken, the motion was carried with Councillor Merrithew voting nay. 6. Members Comments Council members commented on various community events. 7. Proclamation 7.1 National Volunteer Week - April 12 -18, 2015 The Mayor proclaimed the week of April 12 -18, 2015 National Volunteer Week in the City of Saint John. 7.2 Intergenerational Day Canada - June 1, 2015 The Mayor proclaimed the day of June 1St , 2015 Intergenerational Day Canada in the City of Saint John. 8. Delegations /Presentations 9. Public Hearings 6:30 P.M. 10. Consideration of By -laws (Councillors Reardon and Merrithew withdrew from the meeting) 10.1 Third Reading Street Closing — Elliott Row On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -Law Number M -23, A By -Law to Amend a By -Law Respecting the Stopping Up and Closing of Highways in the City of Saint John ", regarding a portion of Elliott Row by adding thereto Section 239 immediately after Section 238 thereof, be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number M -23, a By -Law to Amend a By -Law Respecting the Stopping -Up and Closing of Highways in the City of Saint John ", was read in its entirety. On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the by -law entitled, "By -Law Number M -23, A By -Law to Amend a By -Law Respecting the Stopping Up and Closing of Highways in the City of Saint John ", regarding a portion of Elliott Row by adding thereto Section 239 immediately after Section 238 thereof, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number M -23, a By -Law to Amend a By -Law Respecting the Stopping -Up and Closing of Highways in the City of Saint John ". 3 98- COMMON COUNCIL /CONSEIL COMMUNAL APRIL 13, 2015/LE 13 AVRIL 2015 10.2 Third Reading Zoning ByLaw Amendment - Elliott Row /Carmarthen Street /Wentworth Street with Section 39 Conditions On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -Law Number C.P. 111 -7 A Law to Amend the Zoning ByLaw 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 6400 square metres, located at 10 -40 Elliott Row, 28 -36 Carmarthen Street, and 25 Wentworth Street, also identified as PID numbers 00016626, 00016642, 00017046, 00017053, 00017061, 00017079, 00017087, 00017095, 00017103, 00017111, 00017129, 55106827, 55106835, 55106843 and a portion of Elliott Row, from Urban Centre Residential (RC) and unzoned street to Uptown Commercial (CU), be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number C.P. 111 -7, A Law to Amend the Zoning By -Law of The City of Saint John ", was read in its entirety. On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 6400 square metres, located at 10 -40 Elliott Row, 28 -36 Carmarthen Street, and 25 Wentworth Street, also identified as PID Numbers 00016626, 00016642, 00017046, 00017053, 00017061, 00017079, 00017087, 00017095, 00017103, 00017111, 00017129, 55106827, 55106835, 55106843 and a portion of Elliott Row for a parking area serving the adjacent office tower at 300 Union Street, be subject to the following conditions: a. The site shall not be developed except in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all parking spaces, accesses, exterior lighting, street furniture, and all landscaped areas; b. The site shall include the provision of a pedestrian walkway linking Carmarthen Street to Wentworth Street as a component of the development to preserve public access through the site, which shall be maintained by the applicant; c. The approved plans mentioned in condition (a) above must be attached to the application for building permit for the development; and, d. All work shown on the site plan must be completed by the proponent within one year of the building permit being issued. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -Law Number C.P. 111 -7 A Law to Amend the Zoning ByLaw 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 6400 square metres, located at 10 -40 Elliott Row, 28 -36 Carmarthen Street, and 25 Wentworth Street, also identified as PID numbers 00016626, 00016642, 00017046, 00017053, 00017061, 00017079, 00017087, 00017095, 00017103, 00017111, 00017129, 55106827, 55106835, 55106843 and a portion of Elliott Row, from Urban Centre Residential (RC) and unzoned street to Uptown Commercial (CU), be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number C.P. 111 -7, A Law to Amend the Zoning By -Law of The City of Saint John ". (Councillor Reardon and Merrithew re- entered the meeting) 11 98- COMMON COUNCIL /CONSEIL COMMUNAL APRIL 13, 2015/LE 13 AVRIL 2015 11. Submissions by Council Members 11.1 Spring Road Renewal Work (Mayor Norton) On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the matter, Spring Road Renewal Work, be referred to the City Manager for an update from staff on plans for Spring road renewal work. Question being taken, the motion was carried. 11.2 Pole Garbage Baskets (Mayor Norton) On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that Common Council recommend staff provide a solution and advice on maintenance of pole garbage baskets during winter months. Question being taken, the motion was carried. 11.3 Waterloo Street (Deputy Mayor Rinehart) On motion of Councillor McAlary Seconded by Councillor Lowe RESOLVED that the matter be referred to the City Manager to provide an update on the opening up of the bottom portion of Waterloo Street. Question being taken, the motion was carried. 12. Business Matters - Municipal Officers 12.1 Update on Fire Department's Readiness to Respond to an Oil Train Derailment Fire Chief Clifford gave a summation of the report, stating that the City is very comfortable with its ability to respond to large scale flammable fuel incidents, but noting that there is a recognized need for training of first responders. The approach to large scale flammable fuel fires requires a national solution and a national training curriculum. The Chief is involved with creating a local solution while waiting for the gap in a national solution to be provided. On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that as recommended by the City Manager in the submitted report entitled, M &C 2015 -68: Update on Fire Department's Readiness to Respond to an Oil Train Derailment: Common Council continues to endorse Fire Chief Kevin Clifford's participation as a member of the Canadian Association of Fire Chiefs Transportation of Dangerous Materials committee including the various subcommittees of which he is assigned; and Common Council endorses the Fire Chief's efforts in advocating for a national training standard on responding to flammable fuel incidents in transport, with a regional approach to training, as advocated by the Federation of Canadian Municipalities, Transport Canada and the Canadian Association of Fire Chiefs; and, that the report be received for information. Question being taken, the motion was carried. 12.2 2015 Spring Street Sweeping Services Mr. Rice commented that the City is following the Street Sweeping Management Plan approved by Council and that the work is expected to be completed within two months. 5 98- COMMON COUNCIL /CONSEIL COMMUNAL APRIL 13, 2015/LE 13 AVRIL 2015 The feasibility study determined that the contracting out was a preferable solution to providing an in -house service. On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that as recommended by the City Manager in the submitted report entitled, M &C 2015 -62: 2015 Spring Street Sweeping Services, Common Council award the proposal for the provision of Spring Street Sweeping Services to AVL Construction Group at a price of $148,990.00 plus HST. Question being taken, the motion was carried. 12.3 Tender for Asphaltic Concrete Mixes On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that as recommended by the City Manager in the submitted report entitled, M &C 2015 -67: Tender for Asphaltic Concrete Mixes, the tender for the supply of asphaltic concrete mixes be awarded to Debly Construction for the pre- construction season starting April 20th ending May 3rd and post- construction season starting on November 7th until December 11th; and further that the tender for the supply of asphaltic concrete mixes be awarded to NRB Construction Co. Ltd., for the 2015 construction season (May 4th -Nov. 6th, 2015). Question being taken, the motion was carried. 12.4 2015 Service -Based Budget On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that as recommended by the City Manager in the submitted report entitled 2015 Service -Based Budget, the report be received for information. Question being taken, the motion was carried. 13. Committee Reports 13.1 Saint John Board of Police Commissioners - Saint John Police Force Legal Fees On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the report entitled, M &C 2015 — 63: Saint John Board of Police Commissioners - Saint John Police Force Legal Fees, be received for information. Question being taken, the motion was carried. 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 16.1 Tender 2015- 084901T - Reinstatement of Utility Cuts - Asphalt Work On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the City Manager in the submitted report entitled, M &C 2015 -70: Tender 2015 - 084901 T: Reinstatement of Utility Cuts - Asphalt Work, the tender be awarded to the low bidder meeting all tender requirements, Classic Construction (2012) Ltd., at the tendered price of $949,100 plus HST, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. X 98- COMMON COUNCIL /CONSEIL COMMUNAL APRIL 13, 2015/LE 13 AVRIL 2015 16.2 Tender 2015- 084902T - Reinstatement of Utility Cuts - Concrete Work On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that as recommended by the City Manager in the submitted report entitled, M &C 2015 -71: Tender 2015- 084902T. Reinstatement of Utility Cuts - Concrete Work, the tender be awarded to the low bidder meeting all tender requirements, Midi Construction Ltd., at the tendered price of $108,000 plus HST, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 16.3. Reschedule Meeting of Common Council On motion of Councillor Merrithew Seconded by Councillor Fullerton RESOLVED that the meeting of Common Council scheduled for June 8t", 2015 be cancelled and rescheduled for the date of June 1St 2015. Question being taken, the motion was carried. 18. Adjournment On motion of Councillor Strowbridge Seconded by Councillor McAlary RESOLVED that the meeting of April 13, 2015, be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned.at 6:56 p.m. Mayor / maire Common Clerk / greffier communal 7 99- COMMON COUNCIL /CONSEIL COMMUNAL April 27, 2015/LE 27 AVRIL 2015 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — APRIL 27, 2015 - 6:00 P.M. Present: Mel Norton, Mayor Councillors Farren, Fullerton, Lowe, MacKenzie, McAlary, Merrithew, Norton, Reardon and Strowbridge Regrets: Deputy Mayor Rinehart - and - B. Edwards, Acting City Manager and Commissioner of Transportation and Environment Services; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; S. Forfar, Deputy Commissioner Growth and Community Development; Pam Bentley, Deputy Building Inspector; K. Clifford, Fire Chief; P. Ouellette, Executive Director; J. Taylor, Common Clerk; P. Anglin, Deputy Common Clerk. 1. Call To Order — Prayer Mayor Norton called the meeting to order and requested a moment of silence to honour Constable Michael Paul Hebert, of the Saint John Police Force who passed on April 20th 2015. Condolences were extended to the family. The Mayor advised that moment of silence will also be observed at future meetings of Common Council to respect the Supreme Court of Canada decision, Mouvement laique quebecois v. Saguenay (City) [20151 S.C.J. No. 16, rendered on April 15th, 2015. 2. Approval of Minutes 2.1 Minutes of March 30, 2015 On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the minutes of the meeting of Common Council, held on March 30, 2015, be approved. Question being taken, the motion was carried 3. Approval of Agenda On motion of Councillor MacKenzie Seconded by Councillor Reardon RESOLVED that the agenda of this meeting be approved with the addition of the following items: 16.1 Port Saint John — Presentation to Common Council — Cruise and Homeport Update; 16.2 Contract No. 2015 -15: Asphalt Resurfacing 2015; 16.3 Proclamation Asian Heritage Month — May 2015; 17.3 East Side Library Relocation to SJ Transit Building; and, 17.4 Illegal Dump. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 That the submitted report Saint John Energy re: Street Light Inspection and Maintenance the report be received for information. 5.2 That Common Council adopts the recommendation in the submitted report entitled, M &C 2015- 77: Acquisition of Easements for Collection and Drainage of Surface /Storm Waters and for Municipal Services Westgate Park, as follows: 1. That the City of Saint John acquire from Mahogany Heights Developments Inc., Easements for Collection and Drainage of Surface /Storm Waters & for Municipal Services on, over, in, through, within and under lands bearing PID # 55060008 for n. 98- COMMON COUNCIL /CONSEIL COMMUNAL APRIL 27, 2015/LE 27 AVRIL 2015 $1,590.00 (+ HST if applicable) upon the terms and conditions contained in the Agreement of Purchase and Sale attached to M &C 2015 - 77; and 2. That the Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction. 5.3 That Common Council adopts the recommendation in the submitted report entitled, M &C 2015 — 76: Province Seeking Permission to Conduct Geotechnical Investigation on Portion of City Owned Property off Havelock Street as follows: That the City of Saint John give the Province of New Brunswick permission to enter upon City owned lands identified as PID Number 414318 for the purpose of conducting test pits and bore holes and subsequent soil analysis, provided that: 1. The Province of New Brunswick and /or its agent(s) shall take appropriate measures to protect the public during the geotechnical investigation; 2. The areas of the City property that are disturbed shall be reinstated upon completion of the specified work to the satisfaction of the Deputy Commissioner of Parks and Public Spaces, or his designate; and 3. The Province of New Brunswick indemnify and save harmless the City its officers, agents and employees from any action or claim arising from said soil testing. 5.4 That Common Council adopts the recommendation in the submitted report entitled, M &C 2015 —79: Saint John Transit Commission 2015 Funding Common Council as follows: That Council approve an increase in the monthly allocation to the Saint John Transit Commission for May 2015 in the amount of $435,460.64 for payment of the 2015 property taxes with such increase resulting in a corresponding reduction in the equal monthly payments to be made to the Transit Commission during the remainder of 2015. 5.5 That the R. Misner Letter re: Prayer at Council Meetings be received for information. On motion of Councillor Reardon Seconded by Councillor Farren 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 7.1 Day of Mourning in Recognition of Workers Killed, Injured or Disabled on the Job - April 28, 2015 The Mayor proclaimed April 28th, 2015 the Day of Mourning in Recognition of Workers Killed, Injured or Disabled on the Job in the City of Saint John. 7.2 Public - Rail Safety Week - April 27 to May 3, 2015 The Mayor proclaimed the week of April 27 to May 3, 2015 Public -Rail Safety Week in the City of Saint John. 7.3 Immunization Awareness Week - Apr 25 - May 2, 2015 The Mayor proclaimed the week of Apr 25 to May 2, 2015 Immunization Awareness Week in the City of Saint John. 7.4 Emergency Preparedness Week - May 3 -9, 2015 9 99- COMMON COUNCIL /CONSEIL COMMUNAL April 27, 2015/LE 27 AVRIL 2015 The Mayor proclaimed the week of May 3 -9, 2015 Emergency Preparedness Week in the City of Saint John. 16.3 Asian Heritage Month — May 2015 The Mayor proclaimed the month of May 2015 Asian Heritage Month in the City of Saint John. 8. Delegations /Presentations 8.1 Port Saint John — Cruise and Homeport Update 16.1 Presentation to Common Council — Cruise & Homeporting Update The Port of Saint John delegation P. Gaulton, Chair, Board of Directors Saint John Port Authority; A. Dixon, C. Estabrooks, P. Copeland, K. Craig, J.Quinn, President and CEO and Hon. Minister Trevor Holder, MLA Portland and Simonds and former Minister of Tourism and homeporting promoter, were in attendance for the update. The presenters explained the significance of the floating ramp located at the east side terminal slip. This new infrastructure will be used by Blount, a German cruise line that features small ship adventures that go where the big ships cannot. The ramp waterfront enhancement also offers potential for river cruises and other initiatives on the Saint John River using the ramp infrastructure. Unlike cruiselines that include Saint John as one of several ports of call, Blount homeporting will feature Saint John as the location for embarking and departing the cruise. The Blount President's Cruise with President Nancy Blount, will depart on August 2"d aboard the Grand Caribe and return from a 10 port of call cruise on August 25t" The 2015 cruise schedule was presented with totals of 60 cruises and 121,506 guests. 9. Public Hearings 6:30 P.M. 10. Consideration of By -laws 10.1 Proposed Municipal Plan Amendment — 170 Ashburn Lake Road On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the proposed Municipal Plan By- Law Amendment regarding 170 Ashburn Lake Road be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized with a Public Hearing to be held on June 1, 2015 at 6:30 p.m. in the Council Chamber. Question being taken, the motion was carried. 11. Submissions by Council Members 11.1 Trust Fund for the Manchester Bird Sanctuary (Councillor Norton) On motion of Councillor Norton Seconded by Councillor McAlary RESOLVED that $15,000 be disbursed to ACAP Saint John from the trust fund established by the bequest in the Last Will and Testament of A. Carle Smith, the income of which is to be applied for "... the purpose of preserving and maintaining the Wild Life Sanctuary" on land conveyed in trust to the City by A. Carle Smith; and further that the money be used by ACAP for such purposes specifically including the erection of interpretative signage and the construction of a small lookout with interpretative panelling within the aforesaid Wildlife Sanctuary. Question being taken, the motion was carried. 11.2 Potholes (Councillor Farren) 10 98- COMMON COUNCIL /CONSEIL COMMUNAL APRIL 27, 2015/LE 27 AVRIL 2015 K. Rice outlined the City's process to repair potholes that follows the Province of Ontario plan, more specifically referred to as the Minimum Maintenance Standards for Municipal Highways, O Reg. 239102. On motion of Councillor Farren Seconded by Councillor Strowbridge RESOLVED that item 11.2 be referred to the City Manager for review to see what can be done to help with the cost when residents damage their vehicles on City streets and report back to Council as soon as such a report can be compiled. Question being taken, the motion was defeated with Councillors Reardon, McAlary, Lowe, Strowbridge, Fullerton, MacKenzie, Merrithew, and Norton, voting nay. 12. Business Matters - Municipal Officers 12.1 Renewal Agreement - Provision of Recreation Programs and Services at the Nick Nicolle Community Centre (NNCC) On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that Common Council approves the recommendation in the submitted report entitled, M &C 2015 -078: Renewal Agreement — Provision of Recreation Programs and Services at the Nick Nicolle Community Centre (NNCC), as follows: a) That the City extend the said agreement with the ONE Change Inc. for an additional two (2) years with the terms and conditions of the current service agreement remaining as is, saving and excepting the extension provisions; and, b) That the Mayor and Common Clerk be authorized to execute the extension agreement. Question being taken, the motion was carried. 12.2 Request for Renewal of a Temporary Mobile / Mini -Home - 3396 Loch Lomond Road and 2517 Lorneville Road On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that Common Council approves the recommendation in the submitted report entitled, M &C 2015 -73: Request for Renewal of a Temporary Mobile / Mini -Home - 3396 Loch Lomond Road and 2517 Lorneville Road, as follows: 1) That Common Council, pursuant to Section 27 of the Mobile Home Parks Bylaw, permit a mobile / mini home to be situated on each of the properties located at 3396 Loch Lomond Road and 2571 Lorneville Road for a temporary period of one (1) year, 2) And that Common Council direct staff to: a. initiate the necessary changes to the Mobile Home Parks By -law to remove those sections pertaining to the temporary placement of mobile /mini homes; and b. initiate the necessary changes to the Zoning By -law to add garden suite to the list of permitted uses in those residential zones outside of the Primary Development Area (PDA). Question being taken, the motion was carried. 13. Committee Reports 13.1 Finance Committee: 2015 Budget Update Councillor Merrithew, Chair of the Finance Committee and G. Yeomans, Treasurer, presented an overview of the winter snow removal budget over expenditure impact $3.5 million and budget projections to year end. Mr. Yeomans explained that the snowfall recorded in 2013 -14 and 2014 -15 work years. In 2013 -14 the snowfall measured 181 11 99- COMMON COUNCIL /CONSEIL COMMUNAL April 27, 2015/LE 27 AVRIL 2015 cm. In 2014 -15 the snowfall measured 374 cm with an extreme snowfall of 165 cm occurring over a ten day period. The extreme snowfall necessitated a declaration of a Local State of Emergency for public safety. The City is making application to the Province to request relief due to the Local State of Emergency. The Treasurer stated that the 2014 snow budget is still being audited, but is expected come in significantly less than the $2.7 million projected deficit. On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the submitted report entitled, M &C 2015 - 75: 2015 General Fund Preliminary Operating Fund Results, be received for information. Question being taken, the motion was carried On motion of Councillor Merrithew Seconded by Councillor Farren RESOLVED that the projected deficit issue be referred to the City Manager and senior staff to look for corporate savings to mitigate the snow removal over expenditures. Question being taken, the motion was carried. 13.2 Community Grants Committee Recommendation Re: Youth Safe Harbour Transitional Services Inc. On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that Common Council: 1) Support Safe Harbour's request for $9,053.00; and, 2) Direct the City Manager to identify funds outside the community grant program in support of this initiative. Question being taken, the motion was carried with Councillor Merrithew voting nay. 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 L. Harlow - Proposal for a Name Change of Shamrock Park in Honour of Don Cooper On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the proposal for a name change of Shamrock Park in honour of Don Cooper, submitted by L. Harlow, be referred to the Sponsorship Committee currently in development and that the Common Clerk advise the family and the Committee. Question being taken, the motion was carried. 16. Supplemental Agenda 16.2 Contract No. 2015 -15: Asphalt Resurfacing — 2015 On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that Common Council adopt the recommendation on the submitted report entitled, M &C 2015 -81: Contract No. 2015 -15: Asphalt Resurfacing — 2015, as follows: 1. That Contract No. 2015 -15: Asphalt Resurfacing - 2015, be awarded to the low tenderer, Classic Construction (2012) Ltd, at the tendered price of $3,929,907.16 (including HST) as calculated based upon estimated quantities; and, 12 98- COMMON COUNCIL /CONSEIL COMMUNAL APRIL 27, 2015/LE 27 AVRIL 2015 2. That the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 17. Committee of the Whole 17.1 Recommended Appointments to Committees On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that Common Council approves the following appointments to committees: Saint John Aquatic Centre Commission: to reappoint David Emerson to a three year term from April 24, 2015 to April 24, 2018. Question being taken, the motion was carried. 17.2 Retirement Allowance On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that Common Council directs the Commissioner of Finance to pay the retirement allowance due to J. Patrick Woods at retirement in 5 equal annual installments beginning on June 30, 2016 and further that in the event of his demise, any balance owing at that time be paid to his estate. Question being taken, the motion was carried. 17.3 East Side Library Relocation at SJ Transit Facility On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that Common Council approve the following: 1. That the City engage Richard and Co. Architecture Inc. to complete final construction drawings; and further 2. That the City call for tenders for the construction of the Transit and Library relocation and report back with a recommendation. Question being taken, the motion was carried. 17.4 Illegal Dump On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that Common Council hereby directs the City Solicitor or his designate to file an Application for a Contempt Order pursuant to Rule 76 of the New Brunswick Rules of Court against Joseph Francais LeGassie respecting Mr. LeGassie's failure to comply with a November 24th, 2014 Consent Order issued by the Honourable William T. Grant, a Justice of the Court of Queen's Bench of New Brunswick under Court File No. S/M/59/2014. Question being taken, the motion was carried. 18. Adjournment adjourned. On motion of Councillor MacKenzie Seconded by Councillor Merrithew RESOLVED that the meeting of April 27th, 2015 be The Mayor declared the meeting adjourned at 7:25 p.m. 13 99- COMMON COUNCIL /CONSEIL COMMUNAL April 27, 2015/LE 27 AVRIL 2015 Mayor / maire Common Clerk / greffier communal 14 HORST SAUE.RTEIG April 22, 2015 To the Common Council of the City of Saint John RE: LIAISON PLANS OF LOCAL PIPELINE COMPANIES TO SECURE THE PARTICIPATION OF FIRST RESPONDERS IN EMERGENCIES Your Worship the Mayor and Councillors, I wrote on Jan.5 /09, Oct.5 /09, Jan.5 /10, Jan.28 /10, July4 /13 and Sept.29 /13 to Common Council (CC) about deficiencies in the preparedness in the City of Saint John (the City) for responding to pipeline emergencies. All my letters were "Received for Information ", which in effect sweeps the reports under the carpet. If not even one of half- awdozen letters about the safety of its citizens is being discussed in Open Session, what does this say about CC's concern for the safety of the City's residents and about the transparency of the administration of the City? The Energy East Pipeline, if approved, will be the third pipeline in the City under the National Energy Board's (NEB) jurisdiction, after the Emera Brunswick Pipeline (EBPC) and the Saint John Lateral of the Maritimes & Northeast Pipeline (M &NP). The NEB Act holds those companies responsible to prepare for, mitigate and to respond to emergencies, and to produce, periodically test and keep up -to -date an Emergency Response Plan (ERP). By law (details below), the Emergency Measures Organization (EMO) is prevented from planning for those types of emergencies but, for lack of manpower and equipment, the companies will still have to rely during almost all emergencies on local First Responders (FRs), who in the City operate under the Unified Command System (UC) headed by the Fire - Chief, who is also Director of the local EMO. The NEB Act in OPR -99 and in other Regulatory Documents requires a pipeline company to document in a Liaison Program (LP) the planned participation of FRs in an emergency. In such an LP each FR, for certainty of planning, and for legal and insurance reasons, commits to the extent and the limits of its participation in pipeline emergencies_ In Saint John no such LPs exist for any of those FRs who would respond to a worst -case emergency. It seems that some verbal arrangement had been made between a former Fire - Chief and a former General Manager of EBPC, but verbal second -hand information may not be reliable over time. Furthermore, this loose arrangement has never been tested in a full -scale Emergency Field Exercise. To demonstrate that the City needs an LP, which than has to be tested in full -scale exercises, I hereby ask CC to get answers to the questions below. The result will show that no workable LP exists for the City. 1.) A list of all local FRs under the Unified Command; which FRs accepted their role in the ERPs of the EBPC and the M &NP, and which operate only under the UC; 15 2 2.) Where and at what date has the cooperation between the pipeline companies and the FRs under the Fire - Chief's command been tested in full-scale Field Emergency Exercises in the city. Why have not all FRs taken part in which of these exercises; 3.) For which of the exercises was the Command Center at the Leinster Street Fire - Station officially activated, and why not for the rest; 4.) In which of these pipeline Field Emergency Exercises in the city, if any, have the following activities affecting the public been tested: a) Alerting the public in the 1600 m Emergency Response Zone (ERZ): i) what method of alerting was used; ii) the time it took to alert all those living, working or passing through the ERZ; iii) how many persons of which FR were needed to alert all persons in the ERZ; iv) which FR alerted and cared for handicapped persons in the affected ERZ; v) how many such persons have been contacted in which Field Exercise; b) How is the public being kept up- to-date during an emergency and informed how to react safely to a new situation. Local Radio Stations are not manned at nigh and on weekends, and the use of Bullhorns might ignite a vapour cloud; c) By what method did which FR in exercises establish the extent of a simulated vapour cloud. What sort of training have these FRs received in cloud detection; 5.) How has in the above Field Emergency Exercises the Media been kept informed, and how was a Triage Station, the care for Burn Victims, an Evacuation, and the guarding of evacuated homes simulated in the afflicted ERZ by which FRs; 6.) What cooperation did the local FRs receive during the Field Emergency Exercises from the pipeline companies' Field Emergency Response Team (FERT); 7_) How long did it take for the FERT leader to come from Fredericton to take command of the company's response? The witnesses for the EBPC at the Public Hearing in 2006 concerning EBPC's Application for their pipeline all stressed that the response to a pipeline incident has to be immediately. As CC will see in the answers to the above questions, residents of this city are not well cared for in an emergency. Local FRs are involved in emergency responses, but the extent and limit of the responsibilities of each FR are neither defined nor documented. The ERP of the EBPC has the FERT Leader from Fredericton directing the Emergency Response in the city. This has never been tested in real time and, I submit, is not feasible. Therefore I suggest that CC has to get involved: by contacting the NEB and the EBPC, arranging for all local FRs to be included in an LP, requiring written instructions and commitments for the whole Pipeline Emergency Response in the city, to demonstrate to the residents that their safety in a pipeline incident is as secured as possible. The Emergency Measures Act of New Brunswick (the Act) provides in section 25) for a Regulation to plan for the continuity of the functioning of departments, boards, etc., and for authority to be delegated in an emergency, under the Act. This resulted in Regulation 84 -7, which in section 1) says "that it may be cited as the Emergency Planning for the Continuity of the Government of New Brunswick ". But the Act in section 25 deals with the continued governing in NB in an emergency, not with "the Continuity of the NB Government ". However, the title to Regulation 84 -7 could imply: that it solely applies to Emergency Planning in the event the NB Government (as a legal entity) cannot continue to govern the Province. I do not share this interpretation. If such narrow interpretation was intended, section 2) of Regulation 84 -7 would have contained provisions for the preservation of the jurisdiction's constitutional 16 3 responsibilities, the identification of the succession of leadership, and how to delegate emergency authority, command and control; but this Regulation deals instead at length with the various departments for planning to function in case of an emergency or disaster and to cooperate with other departments, and furthermore it deals with the authority of municipalities and groups of municipalities in emergencies. Section 2.1) of Regulation 84 -7 gives the Emergency Measures Organization (EMO) "the responsibility to stimulate and coordinate preparedness planning for emergencies and disasters ", and lists in section 2(2) what this entails, and what the EMO shall and shall not do. Subsection 2(2)(d) of this Section. 2(2) rules that the EMO shall: "plan civil emergency preparedness measures in respect to matters that are not the responsibility of any department or agency of the Government of New Brunswick or the Government of Canada ". In the case at hand, where the NEB has jurisdiction over two existing and a planned Interprovincial pipeline in Saint John and is an agency of the Government of Canada, subsection 2(2)(d) prevents the EMO from planning pipeline emergency preparedness measures. This is the responsibility of the above pipeline companies. Part of the planning would be to document in the LP when, how and to what extent the local FRs will assist them in this endeavour, and to demonstrate in Tabletop- and Field Exercises that their preparedness and response, including the assistance of the FRs, are effective or need improvement. Most Emergency Guidelines suggest to consider 2 simultaneous incidents. Furthermore, in order to fully test an LP, this has to be done under as real as possible conditions, in Field Exercises, where it will become evident if an FR has enough manpower and equipment to fulfill its tasks as documented in the LP, not only for the immediate emergency (emergencies ?) but possibly for an extended period of time to protect and/or stabilize the emergency site(s). This has not happened in Saint John. I cover in this letter only pipelines and the protection of the public. A fire or an oil spill at the Terminal, a spill from or fire on a docked tanker, fire or a major spill at the Tank Farm, all require immediate responses, in many cases by local FRs, and the pro- posed involvements should be documented in the LPs of the responsible companies. The pipeline companies are responsible to the NEB for their ERP, including their LP, but the NEB has a quite cumbersome process of rectifying deficiencies. Therefore, when a pipeline company's ERP is not effectively protecting the citizens, I suggest that CC has a duty to contact the NEB and ask for action, but also to take preventive action itself to protect the citizens. It is a given that in reality the local FRs will have to do the emergency preparation and — response, but their response to pipeline emergencies is not well defined. CC should demand from the pipeline companies a responsible and realistic ERP, including an LP in form of a legal document, and make sure that the local FRs are well trained and paid for assisting the companies with manpower and equipment. Respectfully, (H. Sauerteig) 17 S REPORT TO COMMON COUNCIL M &C2015 -92 May 4, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: 2015 Roadway Construction Projects BACKGROUND M. 17 7%e City of safnt John Staff of local road authorities - New Brunswick Department of Transportation and Infrastructure (NBDTI), Gateway Operations and the City of Saint John met on April 28, 2015 to exchange information on planned construction projects and to consider effects of the construction on the transportation network and traffic in the Saint John region. Also included were local utilities Saint John Energy, Enbridge Gas, Bell Aliant, Irving Refinery, and Rogers. The 2015 construction season will again have many large projects with impacts to traffic flows. The meeting was productive with groups sharing information on major projects that will impact traffic flows during the 2015 construction season. The purpose of this report is to update Council on current and planned roadway construction and the steps being taken to help mitigate impacts on users of the transportation network. ANALYSIS The City of Saint John has a number of major construction projects under both the General Fund and Utility Fund Capital Programs that will have an impact on traffic arteries. A map identifying the location of 2015 City projects is attached. Projects that will have a significant impact on traffic are highlighted later in this report. Communications — Construction Information Keeping citizens informed is a key component of a successful construction season. Operations, Engineering, SJ Water, Saint John Police and Communications will work together with SJ Transit, SJ Parking Commission, NBDTI, Gateway Operations and the various other utilities and contractors to ensure that the public is kept informed on projects, delays and changes to traffic patterns. The various groups will also work together to promote information regarding alternate routes and modes of transportation. A coordinated communications campaign is being initiated to keep the public informed on construction progress throughout the season, along with impacts on the highway and road networks and various forms of transportation. in M & C 2015 -92 May 4, 2015 Page 2 The following will be utilized to communicate information to the public: • Public information sessions for major projects where required. The Waterloo Street & Richmond Street Reconstruction project is an example of a recent report on the March 30, 2015 council agenda to advise of a planned Public Information Session; • The weekly construction updates report sent to the media and posted to the City's Website, sent via email notification, Twitter and Facebook each Friday. A sample of the weekly update is attached for information. Further information will be compiled as additional 2015 construction projects commence; • "Spot" traffic advisories disseminated as required through various channels including media, email notification, Twitter and Facebook; • Onsite information signage where needed and; • Working with Destination Saint John and the Visitor Information Centres to keep visitors /tourists informed. • Comprehensive project information posted on the City's website including a construction map, a list of all projects and an explanation of the work to be carried out and detailed information about large projects; 4... "r...�..- .......................fir ... _ � � •.. � a .. 19 M & C 2015 -92 May 4, 2015 Page 3 Route 1 and Interchanges Work will be taking place this this season by Gateway Operations on the overpass structures at Gilbert Street and Wall Street. Lane closures will be necessary to accomplish this work. NBDTI Projects NBDTI will be undertaking work on the Reversing Falls Bridge Deck in the Fall of 2015. There is also planned work on the Hazen Brook Bridge Deck, Bayside Drive Bridge Deck, and Marco Polo Bridge Deck if funding is approved. Work will be carried out on the curbs on the off ramp from Harbour Bridge near the Red Rose Tea Building. NBDTI plans to replace a culvert on Westfield Road near South Bay which will result in a road closure. Paving will be undertaken by NBDTI on 2 km of roadway on Route 111 off Loch Lomond Road and on the southbound lanes of Route 7 leading into the City. A culvert crossing Route 7 near exit 177 will also be replaced by NBDTI. City Projects The attached City of Saint John Projects Map for 2015 includes projects under several categories: • Asphalt Maintenance Resurfacing • Water and Sewer Renewals • Street Reconstruction • Roadway Maintenance Asphalt Overlay Generally, the Asphalt Maintenance Resurfacing projects are carried out in stages: asphalt cold milling, structure adjustments and paving. These projects are normally of short duration with each location taking a few days to complete depending on length of roadway to be resurfaced. The construction duration will be longer for those locations where concrete curbs /sidewalks are included. Water & Sewer Renewals require trench excavation in roadways and will result in lane reductions, but there will be full road closures only in special cases where buried infrastructure is complex. Street Reconstruction projects normally involve underground infrastructure renewals and replacement of roadway granulars in preparation for new curb, sidewalk and asphalt installations. This type of construction work normally requires full road closure. Roadway Maintenance Asphalt Overlay is reserved for streets where the service life cannot be extended by asphalt maintenance resurfacing and the street is not slated for street reconstruction or water and sewer reconstruction within the next five years. The intent of this program is for City crews to overlay the existing street with a layer of asphalt to maintain the street in a functional condition until such time as the street can be scheduled for reconstruction. 20 M & C 2015 -92 May 4, 2015 Page 4 From the Projects Map, the following projects will result in significant impacts to traffic flow: • Prince William Street Reconstruction — (Princess Street to Duke Street) — parking restrictions and detours to allow the completion of concrete sidewalks, pole removals and conversion of wiring to underground. • Waterloo Street Reconstruction (Castle Street to Richmond Street and Peters Street to Paddock Street), Richmond Street Reconstruction ( Waterloo Street to Prince Edward Street) and Paddock Street Reconstruction (Waterloo Street to Civic #39 Paddock Street) — road closures and detours. • Harding Street (Main Street to Catherwood Street) Water and Sewer Upgrade — road closures and detours. • Kennebecasis Drive Asphalt Maintenance Resurfacing (Beach Crescent to Beach Crescent and Somerville Ferry Landing to Tucker Beach Road) — lane reductions. • Loch Lomond Road Asphalt Maintenance Resurfacing (Airport Arterial to Churchland Road) - lane reductions. • Westfield Road Asphalt Maintenance Resurfacing (Grenville Lane to Gault Road) - lane reductions. • Lansdowne Avenue (Visart Street to Main Street), Main Street (Lansdowne Avenue to Union Street), Paradise Row (Hilyard Street to Somerset Street) and Somerset Street (Paradise Row to Barker Street) Asphalt Maintenance Resurfacing — lane reductions. Traffic disruption could be subject to change depending on particular design and/or construction circumstances. Detailed traffic control plans will be developed with contractors and design consultants for all major construction projects. In addition to those identified above, other planned projects shown on the Projects Map should be less disruptive. There will also be normal operational and maintenance activities carried out by Saint John Water and Transportation & Environment Services crews. These are smaller in scope and usually only disrupt traffic on a street or street sections for a relatively short period. Staff have also communicated with other local utilities — Enbridge Gas, Bell Aliant and Saint John Energy — to exchange information about their work activities in order to coordinate respective programs and plans. CONCLUSION Many construction projects and activities have begun or are planned for the 2015 construction season. Agencies are coordinating their public communications effort and this will continue as projects progress. Despite these, the public should expect disruption to traffic flows. Patience and understanding on the part of all network users will be important. 21 M & C 2015 -92 May 4, 2015 Page 5 RECOMMENDATION It is recommended that Common Council receive and file this report. Respectfully submitted, Bri an Keenan, P. Eng. Wm. Edwards, P. Mg. Engineering Manager Commissioner - Transportation & Environment .- 'C\Q� atrick Woods, CGA City Manager 22 WEEKLY CONSMUMON 1JPKIAiE elbr Municipal Operations and Engineering Ingenierie et operations municipales (506) 658 -4455 Fax /Telecopieur : (506) 658 -4740 4 &UNT ,XXI� municipaloperations@saintiohn.ca http: / /www.saintmohn.ca The(7t,ofSWwJohn .Construction Update / Nouvelles hebdomadaires May 8, 2015 / le 8 mai 2015 Drive with Caution or Use Alternate Routes Conduisez prudemment ou utilisez un trajet de rechange. Police Will Be Monitoring Traffic La police surveillera la circulation. Expect Traffic Interruptions S'attendre A des interruptions de la circulation. CITY OF SAINT JOHN PROJECTS NEW/ NOUVEAUX TRAVAUX: Contract 2013 -8: Honeysuckle / Sherbrooke Drainage Basin Storm Sewer Improvements Phase 2 Anticipated start is April 20, 2015. The work on Sand Cove Road / Windsor Street / Lawrence Street / Young Street / Lewin Avenue and Cushing Street includes the installation of a new storm sewer system as well as the renewal of sections of the existing sanitary sewer. While working on Sand Cove Road, Lawrence Street, Young Street, Lewin Street and Cushing Street traffic interruptions will include street closures to through traffic. The Contractor will allow access to local traffic. Please observe the construction signs and drive carefully through the construction zones. Watch out for the workers. Anticipated Completion is July 30, 2015. (Michael Baker, P. Eng.) Contract Z013-9: Honeysuckle / Sherbrooke Drainage Basin Storm Sewer Improvements Phase 3 Anticipated start is May 4, 2015. The work on Beaver Court / Catherwood Street / Edward Avenue / Earle Avenue includes the installation of a new storm sewer system and sanitary sewer system. While working on Beaver Court traffic will be reduced to one lane of alternating traffic as construction progresses. Signage and flaggers will be in place to direct motorists. While working on Catherwood Street traffic will be reduced Contrat no 2013-8: Modernisation du reseau d'e¢out pluvial du bassin versant du secteur Honeysuckle-Sherbrooke — Phase 2 Le debut des travaux est prevu le 20 avril 2015. Parmi les travaux A effectuer sur le chemin Sand Cove, la rue Windsor, la rue Lawrence, la rue Young, I'avenue Lewin et la rue Cushing, on retrouve ('installation d'un nouveau reseau d'egout pluvial ainsi que le remplacement de sections de 1'egout sanitaire actuel. Pendant la duree des travaux sur le chemin Sand Cove, la rue Lawrence, la rue Young, la rue Lewin et la rue Cushing, des interruptions de la circulation sont prevues, y compris des fermetures a la circulation. L'entrepreneur autorisera I'acces A la circulation locale_ Veuillez respecter la signalisation de construction et conduire prudemment clans la zone de travaux. Faites attention aux travailleurs. La fin des travaux est prevue le 30 juillet 2015. (Michael Baker, Ing.) Contrat no 2013-9: Modernisation du reseau d'dizout pluvial du bassin versant du secteur Honeysuckle-Sherbrooke — Phase 3 Le debut des travaux est prevu le 4 mai 2015. Les travaux sur la tour Beaver, la rue Catherwood, I'avenue Edward et I'avenue Earle comprennent ('installation d'un nouveau reseau d'egouts pluviaux et d'un nouveau reseau d'egouts sanitaires. Dans le cadre des travaux sur la tour Beaver, la circulation sera reduite A une voie de circulation en alternance a mesure que les travaux progresseront. Des panneaux et des signaleurs Construction Update/ Nouvelles hebdomadaires -2. to one lane in each direction. Signage will be in place to direct motorists. While working on Edward and Earle Avenue traffic interruptions will include street closures_ The Contractor will allow access to local traffic. Please observe the construction signs and drive carefully through the construction zones. Watch out for the workers. Anticipated Completion is July 30, 2015. (Michael Baker, P. Eng.) Asphalt Resurfacine 2015 — Beginning May 11 to June 1, 2015 • Loch Lomond — Airport Arterial to Churchland Road • Broadway Avenue • Simpson Drive • Kennebecasis Drive - Somerville Ferry Landing to Tucker Beach • Kennebecasis Drive —Beach Crescent to Beach Crescent • Bedell Avenue • Deverber Crescent • Schofield Court • University Avenue - Woodhaven Drive to Varsity Street • Craig Crescent • Varsity Street • Westfield Road — Gault Road to Grenville lane • Thorne Avenue/ Rothesay Avenue Intersection Be cautious of raised manholes. (Rod Mahaney) Construction May 8, 2015 / le 8 mai 2015 seront installes pour orienter les automobilistes. Dans le cadre des travaux sur la rue Catherwood, la circulation sera reduite a une voie de circulation clans chaque direction. Des panneaux seront installes pour orienter les automobilistes. Dans le cadre des travaux effectues sur les avenues Edward et Earle, des interruptions de la circulation sont prevues, y compris des fermetures de rues. L'entrepreneur autorisera I'acces a la circulation locale. Veuillez respecter la signalisation de construction et conduire prudemment clans la zone de travaux. Faites attention aux travailleurs_ La fin des travaux est prevue le 30 juillet 2015. (Michael Baker, Ing.) Resurfacage d'asphalte 2015 A partir du 11 mai jusqu'au lerjuin 2015 • chemin Loch Lomond — I'arterief de I'aeroport a chemin Churchland • promenade Simpson • promenade Kennebecasis — debarcadere du traversier Somerville a la place Tucker • promenade Kennebecasis — croissant Beach a croissant Beach • avenue Bedell • croissant Deverber • tour Schofield • avenue University — promenade Woodhaven a chemin Varsity • croissant Craig • avenue Varsity • chemin Westfield — chemin Gault a la voie Grenville • av Thorne/ av Rothesay intersection Soyez prudent des regards soulev6es. (Rod Mahaney) 24 lip Ire • 25 I . .......... Vx Lt -L City of John Pr olat.9 015 Projects REPORT TO COMMON COUNCIL M &C2015 -94 May 4, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Access To Haymarket Square From Waterloo Street BACKGROUND The City of saint John During the Common Council Meeting on Monday, April 13, 2015, there was a motion put forward to "provide an update on the opening up of the bottom portion of Waterloo Street" as there have been requests by the public to be able to access Haymarket Square directly from the end of Waterloo Street. In recent years, the owner of the former Hotel Courtenay Bay has expressed his concern with motorists accessing Haymarket Square, either intentionally or unintentionally, by crossing through the parking lot in front of his hotel. This was causing safety issues as motorists would speed through the parking lot while his customers were walking to and from their vehicles. The owner requested that the access road to his hotel at the bottom of Waterloo Street be closed. As this access road under its current configuration provided access only to the hotel and not Haymarket Square the City complied with the hotel owner's request and installed two concrete jersey barriers with reflective tape and appropriate signage to correct the safety issue raised by the hotel owner. ANALYSIS Currently, there is funding proposed for water and sewer renewal and street reconstruction of Waterloo Street (from Castle Street to Haymarket Square) in the 2017 Capital Budget. Staff propose reviewing the potential of allowing "right -out only" traffic (from Waterloo Street to Haymarket Square) through the redesign of the end of Waterloo Street during the design phase of the 2017 proposed project. Staff do not believe that allowing traffic from Waterloo Street to turn left into Haymarket Square is a viable option. 26 M &C2015 -94 May 4, 2015 Page 2 RECOMMENDATION It is recommended that the scope of the future project on Waterloo Street (from Castle Street to Haymarket Square) to renew water and sewer and reconstruct the street include a feasibility review of extending Waterloo Street to Haymarket Square to allow "right -out" traffic flow. Respectfully submitted, Susan Steven - Power, P. Eng. Municipal Engineer /04 Wm. Edwards, P. ng. Commissioner Transportation and Environment 27 8 L 1��_ Brian Keenan, P. Eng. Engineering Manager J. Patrick Woods, CGA City Manager REPORT TO COMMON COUNCIL M &C 2015 - 91 May 4, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council, SUBJECT 2015 General Specifications Revisions PURPOSE M. The City of Saint john The purpose of this report is to provide Council with an update regarding the 2015 General Specifications Revisions. BACKGROUND The General Specifications is an inclusive document for stakeholders bidding and /or working on City of Saint John municipal construction contracts. The General Specifications are organized around a series of divisions as identified below. The first five divisions are incorporated into each set of contract specification documents and, along with Division 6, are policies of Council. The remaining divisions form the technical portion of the General Specifications. The technical divisions are updated on an ongoing basis, as technologies and engineering methods evolve and with the inclusion of specialty clauses for particular engineering projects tendered. On November 17, 2003 (M &C 2003 -310), Common Council authorized that the Chief City Engineer may, from time to time, revise the technical provisions (Divisions 7 — 31), of the General Specifications. 1. Project Description 19. Crack Sealing Asphalt Pavements 2. Instructions to Tenderers and Tendering Procedures 20. Random Riprap 3. Particular Specifications 21. Restoration 4. Form of Tender 22. Culverts 5. Form of Agreement 23. Portland Cement Concrete 6. General Administration of Contract 24. Roadway Construction 7. Construction of Municipal Services 25. Chain Link Fencing 10. Water Systems 26. Landscaping 11. Sewer Systems 27. Asphalt Concrete 12. Manholes, Catch Basins and Valve Chambers 28. Chip Seal 13. Excavation, Trenching and Backfill Requirements 29. Gabions 16. Electrical Systems 30. Clay Brick Pavers 17. Traffic Signals 31. Guide Rail and Guide Posts 18. Expanded Asphalt Stabilization M &C2015 -91 May 4, 2015 Page 2 Between December 2014 and March 2015, Transportation & Environment Services undertook its annual General Specifications review process, concluding with a set of 2015 revisions for the General Specifications for use with all City of Saint John construction contracts. Staff continued to have dialogue with representatives of the Saint John Construction Association and local contractors / suppliers to receive input from users of the documents. The comments and suggestions received were reviewed by our staff Specifications Review Committee and, where appropriate, revisions were incorporated into the technical divisions of the General Specifications. A draft set of the 2015 General Specification revisions were recently forwarded to the Saint John Construction Association for their review and comments prior to finalizing the revisions. A summary of the 2015 revisions to the technical divisions of the General Specifications is attached to this report. A notice will be forwarded to stakeholders (contractors, consultants, staff, etc.) advising them that the 2015 General Specifications will be available for downloading from the City of Saint John's website. This notice will also serve as a reminder to stakeholders that the City encourages the submission of comments and /or suggestions for proposed revisions to the General Specifications document. It is understood by stakeholders that the revised General Specifications are to be used in conjunction with individual contract construction specifications and recognized authorities governing best practices for municipal engineering. The process to maintain current General Specifications is one that is ongoing. Stakeholders are encouraged to contribute their comments in writing at any time. RECOMMENDATION It is recommended that Common Council receive and file this report. Respectfully submitted, 9 "'? J ,6 - �� 13 Susan Steven - Power, P. Eng. Brian Keenan, P. Eng. Municipal Engineer Engineering Manager Wm. Edwards, P. ng. J. Patrick Woods, CGA Commissioner, City Manager Transportation and Environment 29 T_ 7 REPORT TO COMA40N COI. M &C2015 -83 April 27, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: The City of Sint Sohn SUBJECT: Engineering Services: Union Street/Saint Patrick Street Intersection and Sydney Street/King Square North Intersection — Traffic Light Renewals BACKGROUND The approved 2015 General Fund Capital Program includes projects for the renewal of the traffic light infrastructure in the Union Street /Saint Patrick Street and the Sydney Street/King Square North intersections. The work involves renewal of the existing underground traffic light conduits, above ground traffic light infrastructure and surface reinstatement. 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 — Public Information ♦ Part D — Detailed Design ♦ Part E —'render 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 these projects. 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 on April 16, 2015 with responses received from the following four consulting engineering companies: 30 M & C 2015 -83 April 27, 2015 Page 2 • CBCL Limited, Saint John, NB • Crandall Engineering Ltd., Saint John, NB • exp Services Inc., Saint John, NB • WSP Canada Inc., Moncton, 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, Operations and Engineering to ensure a thorough review of the various submissions. 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: I. 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? 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 31 M & C 2015 -83 April 27, 2015 Page 3 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 exp Services Inc. as the best proposal based on an overall rating of the evaluation criteria - presentation, company experience, personnel, technical proposal and cost. The submission from exp Services Inc. met all of the requirements of the proposal call, in a manner acceptable to the committee, with a cost - effective bid for the project. FINANCIAL IMPLICATIONS The proposed cost of work from exp Services Inc. to provide engineering design and construction management services for this project is $153,743.28 including HST. This cost is based on an estimated 12 week construction management period. An amount of $500,000 is included in the 2015 General Fund Capital Program for the two projects for engineering design, construction management and construction. INPUT FROM OTHER SOURCES: Materials Management facilitated the RFP process to solicit proposals from Engineering Consultants for the Union Street/Saint Patrick Street Intersection and Sydney Street /King Square North Intersection — Traffic Light Renewals 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. 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 12 week construction period. The final fee will be calculated based on the actual construction management period. 32 M & C 2015 -83 April 27, 2015 Page 4 RECOMMENDATION It is recommended that the proposal from exp Services Inc. for engineering design and construction management services for the Union Street/Saint Patrick Street Intersection and Sydney Street/King Square North Intersection — Traffic Light Renewals project in the amount of $153,743.28 including HST be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Respectfully submitted, A f � Kevin O'Brien, P. Eng. Municipal Engineer Wm. Edwards, P. Eng. Commissioner Transportation & Environment 33 Brian Keenan, P. Eng. Engineering Manager } J. rick Woods, CGA City Manager REPORT TO COMMON COUNCIL M &C2015 -88 April 30, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: 77 The City of Saint )ohn SUBJECT: Contract No. 2015 -11: — Lancaster Street (Winslow to Charlotte) — Watermain and Sanitary Sewer BACKGROUND The approved 2015 Water & Sewerage Utility Fund Capital Program includes funding for the renewal of watermain and sanitary sewer along Lancaster Street between Winslow Street and Charlotte Street West. TENDER RESULTS Tenders closed on April 28, 2015 with the following results: 1. Midi Construction Ltd., Saint John, NB $371,332.13 2. Fairville Construction Ltd., Saint John, NB $382,596.53 3. Galbraith Construction Ltd., Saint John, NB $396,096.64 4. Terraex Inc., Saint John, NB $403,342.20 5. MaGuire Excavating Ltd., Saint John, NB $429,960.76 The Engineer's estimate for the work was $466,800. ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects with the exception of the tender submitted by Terraex Inc. which contained a minor error in mathematics. The math error was corrected in accordance with Division 2 - Instructions to Tenderers and Tendering Procedures, Section 2.11 s) (i) and the corrected amount is reported above. 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. 34 M &C2015 -88 April 30, 2015 Page 2 FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2015 Water & Sewerage Utility Fund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. The analysis is as follows: Budget $505,000 Project net cost $403,950 Variance (Surplus) $101,050 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 No. 2015 -11: Lancaster Street (Winslow to Charlotte) — Watermain and Sanitary Sewer be awarded to the low Tenderer, Midi Construction Ltd., at the tendered price of $371,332.13 (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, David Russell, P. Eng. Municipal Engineer 4�1-41 � Wm. Edwards, P. Eng. Commissioner Transportation and Environment 35 Brian Keenan, P. Eng. Engineering Manager J. Patrick Woods, CGA City Manager REPORT TO COMMON COUNCIL M &C- 2015 -90 May 5, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Licence for Saint John Adventures Inc. to Operate Zip Line at Fallsview Park BACKGROUND: City of Saint John Common Council at its May 25, 2010 meeting adopted a resolution that authorized a Licence Agreement with Saint John Adventures Inc. (SJAI) to use and occupy the portion of Fallsview Park, as shown on Schedule "A" for the purpose of constructing and operating a zip line tour. ANALYSIS: The Licence Agreement as noted above has recently expired and SJAI is requesting the City to enter into a new agreement for the purpose of continuing the zip line tour business for an additional 5 season period plus an option for one renewal period. Real Estate Services and the City's Legal Department have drafted a Licence (see attached) and Saint John Adventures Inc. is in agreement. This agreement contains terms and conditions similar to the previous agreement with the exception of the rent. During the initial 5 year term the proponent has had to deal with a number of hardships; including increase in costs to construct the zip line infrastructure, down turn of the economy and subsequent reduced tourist revenues compounded by the recent vacating of an adjoining licensee being the jet boat tour business resulting in lost exposure /revenues. As a result, the owner /operator of the zip line has yet to make a profit. That being said the proponent remains optimistic and wishes to proceed with another 5 year term to attempt to recover and hopefully become profitable. 36 M & C — 2015 -90 May 5, 2015 IWM In light of the above, the attached Licence Agreement has rent set at a fixed rate for the five year term with the rent equal to the initial year the proponent was in operation. This will provide the operator some financial relief and operating cost stability. RECOMMENDATIONS That The City of Saint John grant a five (5) season Licence to Saint John Adventures Inc. under the terms and conditions, as contained in the document attached to M & C #2015 -90; and that the Mayor and Common Clerk be authorized to sign the Licence. Respectfully submitted, Curtis Langille, BA Real Estate Officer Gregory J. Yeomans, CPA, CGA, MBA Commissioner Finance and Administrative Services Attachment CL /c 37 Brian Irving, BBA Manager Real Estate Patrick Woods, CGA City Manager •T" J his Licence made �, duplirate this day Of ^A 1 2015. BY AND BETWEEN: THE CITY OF SAINT JOHN, having its City Hall at 15 Market Square, Saint John, 14ew 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 "Licensor" OF THE FIRST PART -and- SAINT JOHN ADVENTURES INC. having its registered office at 1845 Manawagonish Road, Saint John, New Brunswick, E21M M, a company under the laws of the Province of New Brunswick hereinafter called the "Licensee" OF THE OTHER PART WHEREAS the Licensor is the owner of the lands outlined on Schedule "A" attached hereto and forming part hereof; and WHEREAS the Licensee, with the consent of the Licensor, made an application to the Planning Advisory Committee of the City of Saint John (PAC) for the re- zoning and conditional use 3f the lands outlined on Schedule "A "; and WHEREAS PAC, meeting on July 14, 2009 adopted the following resolution: 1. That Common Council rezone two parcels of land with an area of approximately 2,052 square metres and approximately 7,288 square metres, located at 100 Fallsview Avenue, also identified as PID Numbers 55053441 and 0037£505, from "R -2" One and Two Family Residential to "P" Park. Saint John Adventures Inc. Licence Agreement -2- 2. That the Planning Advisory Committee impose the following terms and conditions upon the esta4lishment and operation of a "zip line tour" as a commercial mcreation facility at 100 Fallsview Avenue (RID Numbers 55053441, 00378505, 00378166, and 00428664)_ a. That the site not be developed except in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas and landscaped areas, in addition to the location and height of all zip -line Lovers. The approved site plan must be attach-ed to the building permit application for the development; b. That details of the platforms, riggings and towers, along with certified Engineer's drawings of these structures, be submitted to Building and Technical Services prior to the issuance of a building Permit; and C. That the operation of the zip -line be restricted to daylight hours; and WHEREAS Common Council of the City of Sainr johr, meeting on August 4, 2009 enacted a by -law entitled "By -Law Number C.P. 110-113, A Law to Amend the Zoning By -Law of The City of Saint John" eezoning a parcel of land located at 100 Fallsview Avenue, having an area of approximately 9,470 square metres, also identified at a portion of PID numbers 00378505 and 55053441 from "R -2" One and Two family Residential to "P" Park; and WHEREAS the Licensee, with the consent of the Licensor made application to PAC for variances from the Zoning By -Law of the City of Saint John; and WHEREAS PAC, meeting un March 3, 2010 granted the following variances from the said Zoning By -Law: a. To increase the maximum height of structures on the property from 9 metres (29.5 feet) to 15.2 metres (50 feet); b. To decrease the front yard setback from 9 metres (29.5 feet) to 7.5 metres (24.6 feet) to allow for the establishment of a reception /office; c. To decrease the front yard setback from 9 metres (29,5 feet) to 7.2 metres (23.6 feet) to allow for the establishment of Tower # 2; and d. To decrease the front yard setback from 9 metres (29.5 feet) to 4.6 metres (15 feet) to allow for the establishment of Tower # 5; and WHEREAS the Licensor has agreed to grant the within Licence upon terms and conditions hereinafter set out; NOW THEREFORE T4iS INDENTURE WITNESSETH that for and in consideration of the sum of One Dollar ($1.00) lawful money of Canada and other good and valuable consideration, the receipt whereof is hereby acknowledged, the Licensor does hereby grant, subject to the 39 Saint John Adventures Inc. Licence Agreement _3_ terms, conditions, covenants and provisions herein contained, non- exclusive permission and license to the licensee, its servants, agents, employees, contractors and invitees to enter into and upon and exit from the lands shown outlined on Schedule "A" for the purposes of a) constructing, erecting, operating, maintaining and repairing/replacing a zip -line tour facility as well as undertaking any activities approved by the Licensor necessarily incidental there to and b) operating a food stand and retail facility to sell promotional items relating to the zip -line tour facility from the prescribed rotation oa Fallsview Avenue (243 square meires /trailer -deer site on Schedule "B ") from and including Psovember 1, 2014 to and including at 11:59 p.m. local time October 31, 2019. (the "term ") THI LICENSEE "EREBY COVENANTS AND AGREES WITH THE LICENSOR AS FOLLOWS: 1. a. That the Licensee shall construct the zip -line tour facility in accordance with the plans approved by the Development Officer of the City of Saint John on April 16, 2010 and the building pernridt issued by the Licensor on April 19, 2010 all as substantively illustrated on Drawing Number S09401B dated May 20, 2010 prepared by Hughes Surveys and Consultants Inc. b. The Licensee shall not modify or expand the zip -line tour facility without the prior written consent of the Licensor (resolution of Common Council), 2. a. That the Licensee shall pay to the Licensor during the term fees (exclusive of HST) for each year during the five (5) year term hereof the sum of $2,000.00; payments of $500.00 ea6 on June 1, July 1, August 1 and September 1 from and including 2015 to and including 2019. b. The fees are subject to the payment by the licensee of Harmonized Sales Tax (HST) or any tax substituted in lieu thereof and such amounts are in addition to all licence fees. 3. That the Licensee shall not have any claim against the Licensor for loss or damage of ant; nature, kind or description whatsoever arising from the exercise or purported exercise of the Licence herein granted, unless such loss or damage is due to the negligence or wilful misconduct of the Licensor or its employees, servants cr agents. 4. a. That the Licensee shall, at its sole cost, obtain and keep in force during the term of the Licence, comprehensive general liability insuranc, for bodily injury and property damage, on "an occurrence" basis which coverage shall have an inclusive limit of not less than Tvk,,o Million ($2,000,OOC.00) Dollars and shall include the following; the Licensor, added as an "Additional "vsured" go Saint John Adventures Inc. Licence Agreement -4- ii. a cross liability clause; and iii. contractual liability with regard to this Licence b. That the Licensee shall provide a Certificate of Insurance to the Licensor at the time of the execution of this Licence evidencing the insurance coverage described in (a) herein; and annually thereafter orr May I of each and ever: year during the term. c. That the Licensee shall not alter or cancel or permit the insurance coverage to be altered or cancelled until the Licensee has given to the Licensor thirty (30) days notice in writing prior to any such intended alteration or cancellation; d. That in the event the Licensor receives notice from the insurer that she insurer intends to cancel or alter the said insurance coverage, or in the event the Licensee fails to provide proof of insurance, the Licensor in its sole and absolute discretion may forthwith terminate this Licence upon giving Licensee ten (10) days written notice of its intention to terminate this Licence unless the required insurance cover is maintained. 5. That notwithstanding Clause 3 hereof, the Licensee does hereby indemnify and save harmless the Licensor from all damages, claims, demands, actions, suits or other proceedings by whomsoever made, brought or prosecuted in any manner and whether in respect of property owned by others or in respect of damage sustained by others based upon or arising out of or in connection with this Licence or anything done or purported to be done in any manner hereunder, unless such damages, claims, demands, actions, suits or other proceedings arise from the negligence or wilful misconduct of the Licensor by its employees, servants or agents. 6. The Licensee shall prior to the termination of this Licence, at its own expense, remove from the lands any and all property constructed, erected, made, brought or placed upon said lands by the Licensee and shall restore the lands to as good condition as prevailed immediately prior to the commencement of the term hereof and, in the event of the failure of the Licensee to do so, the Licensor shall become the sole owner of any property const,'ucted, erected, made, brought or placed upon said lances by the Licensee and the Licensee shall not by reason of any action taken or things required under this paragraph be entitled to any recourse whatsoever. 7. The Licensee shall pay promptly all charges, taxes, rates and assessments of whatsoever description which during the term of this Licence shall be chargeable upon or become payable in respect to the operation of the Licensee or its occupation of the lands. S. The Licensee shall at all times and at its own expense, keep the lands free from 0 garbage L nd debris related to the operation of the zip -line tour facility and food stand facility. L'lll Saint John Adventures Inc. Licence Agreement -5- 9. The Licensee shall at all times during the term hereof maintain the lands n a condition compatible with the natural state of Fallsview Park. 1Q. The Licensee shaS in the interest of safety, maintain all buildings or storage containers on the lands at all times secure from unauthorized use and occupation. 11. The Licensee shall at air Urnes not obstruct or permit the obstruction of walkways in any manner. 12. In the event any landscaping an adjacent Licensor - -owned property is disturbed during the construction or erection of the zip -line tour facility, the Licensee shall at its own cost immediately restore the said landscaping to the condition in which it existed prior to such disturbance. 13. The Licensee shall conduct its business at all times in compliance with and in conformity to the requirements of every applicable federal and provincial statute, rule, regulation and ordinance, and every municipal by -law, rule, regulation, order and ordinance that at any time or from time to time may be in force or effect during the term; in particular but not limited to conditions imposed by PAC. 14. The Licensee shall not assign or sub- licence this License or any part thereof, without the prior written consent of the Licensor, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, the Licensee may assign this Licence to a financial institution by way of security for credit facilities to be provided to the Licensee. The Licensor agrees to enter into a non - disturbance agreement with any such financial institution, in a form to be mutually agreed upon, providing for the recognition of the continued existence of this Licence in the event of a default by the Licensee and the right of the financial institution to cure any such default and to continue the operation contemplated by this Licence or to assign such right to a third party, provided such third party is approved by the Licensor, such approval not to be unreasonably withheld or delayed. THE LICENSOR FOR ITS PART COVENANTS AND AGREES WITH THE LICENSEE AS FOLLOWS; 15, The Licensor hereby grants to the Licensee, its servants, agents, employees and contractors permission and licence to erect, use and maintain a zip line facility (consisting of poles, platforms, guys, anchors and lines) in and over the lands of the Licensor. 16. The Licensor hereby grants to the Licensee, its servants, agents, employees and contractors permission and licence to enter in to and upon the lands identified on the submitted plan for the purpose of gaining access to and egress from the lands and further it grants permission and licence to the Licensee, its servants, agents, employees, contractors and invitees in common with all other persons lawfully using the Fallsview Park Area to use the Parking Lot and access road in connection with the exercise of this Licence. M Saint John Adventures Inc. Licence Agreement -6- 17. The Licensor may permit other uses within Fallsview Park save and except uses which offer zip -line tours, provided that such other uses do not interfere in a material way with the operation of Licensee permitted hereunder. 18. If the Licence fee hereby reserved or any part hereof or any other surrzs or charges payable hereunder or any part thereof shall be in arrears for thirty (30) days whether or not the same shall have been in any manner demanded or in Cie event of a breach or non - performance by the Licensee of any of the other terms or conditions in the licence contained which on the part of the Licensee ought to be observed or performed, which breach or non - performance remains un- remedied following a period of thirty (30) days written notice of such breach or non - performance having been received by the Licensee from the Licensor, then and in every such case it shall be lawful for the Licensee by notice in writing to terminate this Licence and no acceptance of any Licence fees subsequent to any breach or non - performance or any condoning, e.tcusing or overlooking by the Licensor on previous occasions of breaches or non- performance similar to that for which this Licence shall be terminated shall be taken as a waiver of these conditions or any way defeat or affect the rights of the Licensors hereunder. 19. The Licensor has the absolute right to construct and /or re- construct public street(s) including curb, sidewalks and landscaping in the area commonly called `Fallsview Park" lying between the West sideline of Fallsview Drive /Avenue and the Saint John River and to alter III. area licensed without payment or compensation to the Licensee or reduction of any annual licence fee or portion thereof, provided that such construction and /or :e- construction or alteration do not have any material effect on the operation: of the Licensee permitted hereunder, save and except in the event of any emergency. 20. Provided that the Licensee is not in default the Licensee shall have an option to extend this Licence from and including November 1, 2019 to and including October 31, 2024 upon the same terms and conditions as herein contained save and except clause 2; fees for each year of the extension hereby contemplated shall be as mutually agreed provided such annual fee shall not be greater than ten (10) per cent of the Licensee's gross revenue in the year November 1, 2017 to October 31, 2018; the Licensee shall provide to the Licensor on or before August 1, 2019 audited statements of the Licensee's gross sales for the year November 1, 2017 to October3l, 2018. 21. Provided that the Licensee is not in default during the term of this Licence or any extension hereof the Licensee, subject to agreement as to terms and conditions, shall have a right of first refusal to construct, maintain, and operate a zip -line tour facility upon City owned lands not currently leased lying on the west side of the Wni John River within the limits of lands commonly calls "Reversing Falls Park" M Saint Join Adventures Inc. Licence Agreement -7- THE LICENSEE AND THE LICENSOR HEREBY COVENA14T AND AGREE EACH WITH THE OTHER: 22. Should the permissiols and licenses of the Licensee under this Licence be seized or taken in execution or attachment by any creditor of the Licensee, or the Licensee makes an assignment for the benefit of creditors, becomes bankrupt or insolvent, or takes the benefit of any statute that may be in force for bankrupt or insolvent debtors this Licence terminates. 23. AR notices shall be in writing and shall be deemed validly given if personally served, sent by courier, registered mail or facsimile as follows or to any other address that may he provided in writing from time to time by one party to the other. The Licensor: The City of Saint John 15 Market Square PO Box 1971 Saint John, NB E2L 41-1 Attn: the Common Clerk The Licensee: Saint John Adventures Inc. 1845 Manawoganish Road Saint John, NB E2M 3Y6 Attn: President 24. The Licensor and the Licensee acknowledge and agree that the relationship between them is solely that of independent contractor, and nothing herein shall be construed to constitute the parties as employer /employee, partners, joint ventures, co- owners, or othen+vise as participants in a joint or common undertaking. Neither party, nor its employees, agents or representatives shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other. 25. This Licencz shall be governed by and construed i^ accordance with the laws of the Province of New Brunswick. 26. Any provision of this Licence which is prohibited or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of this Licence without affecting the remaining provisions of this Licence. M" Saint John adventures Inc. Licence Agreement -a- IN WITNESS WHEREOF the parties hereby have set their corporate seals duly attested by the signature of their properly authorized officers respectively the day and years above written. SIGNED, SEALED & DELIVERED ) In the presence of. ! THE CITY OF SAINT JOHN r } } } ' Mayor Common Cle. k i Common Council Resolution: 1 .2015. } 1 p SAINT JOHN! ADVENTURES INC. i 1 Per: 45 V) cr. ca f4 Z rj" APO cq. Al ti 'Id- Mo m Ac al 014 , V Z-f yep M. e ,10 Tibbits, Kelly Subject: FW: Prayer at council meetings From: David & Brenda Greene Sent: April -22 -15 6:41 PM To: Taylor, Jonathan Subject: Prayer at council meetings Dear Common Council of Saint John: This is the oldest established city in Canada. Sir Leonard Tilley, himself a Godly man, quoted Scripture over this great country stating "He shall have dominion from sea to sea" Our roots are steeped in Christianity. Why must we conform? Our messed up world can use all the divine intervention available. Many in this Province understand the power of prayer. Please, I urge you to Continue to allow your meetings to be blessed with a time of prayer at the beginning of each meeting. "The fervent prayer of a righteous man availeth much " I am positive God will honour your decision to continue with prayer. Brenda Greene 1 47 Tibbits, Kelly Subject: FW: prayer From: Sent: April- 22 -15 7:00 PM To: Taylor, Jonathan Subject: prayer Hello Jonathan, 1 would like to see prayer remain as the opening of each council meeting. Thank you, Wanda LeBlanc in Tibbits. Kelly Subject: FW: Prayer before Council meeting From: Jill Barton MacPhee Sent: April -22 -15 8:52 PM To: Taylor, Jonathan Subject: Prayer before Council meeting Please take every action to ensure that the parers that have been part of every council meeting for so many years can continue. sincerely Jill and Rick MacPhee Tibbits, Kell From: Taylor, Jonathan Sent: April -23 -15 11:12 AM To: Tibbits, Kelly Subject: FW: Council Prayer From: Terry Miller _ ~ Sent: April -22 -15 9:49 PM To: Taylor, Jonathan Subject: Council Prayer I object to the idea of removing the prayer from the beginning of the council meeting. Saint John was founded with Christian principles and maintained it so over the centuries, yes, centuries. We cannot let a very few complainers take control to destroy Saint John's foundations. Terry Miller 58 Hazen St. �0 Tibbits, Kelly From: Taylor, Jonathan Sent: April -23 -15 11:12 AM To: Tibbits, Kelly Subject: FW: Prayer before council meetings. From: Charles Denton Sent: April -22 -15 10:56 PM To: Taylor, Jonathan Subject: Prayer before council meetings. I am in total support of prayer anytime, especially when business of our citizens and fair city is about to be discussed. I have found prayer to be a calming exercise, and helps me to focus. This tradition honors God and his creation. I believe that prayer is a privilege we have and a right that needs to be upheld. 1 vote in favor of upholding our city and decision makers in prayer_ Thank you for your attention to this matter. X51 Tibbits, Kelly From: Taylor, Jonathan Sent: April -23 -15 11:12 AM To: Tibbits, Kelly Subject: FW: Opening of Prayer in Council From: Judy Owens Sent: April -23 -15 12:05 AM To: Taylor, Jonathan Subject: Opening of Prayer in Council I just want to express to you the Mayor and the city council that I for one think that is both necessary and to everyone's advantage if we continue to have opening prayer in Council.- I hope you all continue to keep praying for our leaders and others.... Sincerely Judith Owens, Saint John, N.B. X52 Evans, Richard From: Taylor, Jonathan Sent: April -27 -15 11:47 AM To: Evans, Richard Subject: FW: [SPAM] PRAYER NEEDS TO STAY!!! Importance: Low Would you add to next Info packet? From: James Richards Sent: April -25 -15 7:34 PM To: Taylor, Jonathan Subject: [SPAM] PRAYER NEEDS TO STAY!! l Importance: Low ] On Behalf Of I KNOW IF WE LOVE JESUS WE NEED TO STAND UP FOR W OATS RIGHT! Also pray for our enemies and the lost. I SAY WE NEED PRAYER AT CITY HAIL, ITS VERY IMPORTANT for our city and Nation. Jimmy Sent from my Samsung Galaxy Tab ®4 1 53 Evans. Richard From: Taylor, Jonathan Sent: April -27 -15 11:47 AM To: Evans, Richard Subject: FW: Prayer at beginnings of council meetings Would you add to next Info packet? From: Betty Ingram Sent: April -25 -15 8:48 PM To: Taylor, Jonathan Subject: Prayer at beginnings of council meetings Hi, I would like prayer to continue at the beginning of council meetings. I believe prayer is powerful, and I believe that things get done when we pray. Thank you for your time. Sincerely, Betty Ingram 1 54 Evans, Richard From: Taylor, Jonathan Sent: April -27 -15 11:48 AM To: Evans, Richard Subject: FW: Prayer before council Would you add to next Info packet? From: Dave and Dora Jamer Sent: April -27 -15 7:41 AM To: Taylor, Jonathan Subject: Prayer before council As a retired pastor, who often tools my turn at praying in the council chamber, I trust this custom will not be affected by the recent ruling from the supreme court. This was started by Elsie Wayne when she served as Mayor, who honored God in this way; and it would definitely be wrong to change our long standing custom because of an incident that happened in Quebec, in my opinion. Sincerely submitted. Dave Jamer 65 Evans, Richard From: Taylor, Jonathan Sent: April -27 -15 11:50 AM To: Evans, Richard Subject: FW: Prayer Before City Council Meetings Would you add to next Info packet? From: Lorraine Gautreau Sent: April -27 -15 9:34 AM To: Norton, Mel; Taylor, Jonathan Subject: Prayer Before City Council Meetings Dear Mr. Mel Norton and City Council, In light of the Supreme Court of Canada ruling; prayers cannot be recited before municipal council meetings in Saguenay, Que., I as a citizen of Saint John, do here by request and encourage you as the Mayor of Saint John and Council members, to please continue the long standing practice of opening the council meetings here in our city with Prayer. Sincerely, Rod Gautreau Saint John, NB This email has been checked for viruses by Avast antivirus software. www.avast.com 1 56 Evans, Richard From: Taylor, Jonathan Sent: April -27 -15 11:55 AM To: Evans, Richard Subject: FW: Prayer at Council Meetings For info From: Gail Dupuis Sent: April -22 -15 1:30 PM To: Taylor, Jonathan Subject: Prayer at Council Meetings Dear Sir, I feel that it is very important to uphold our Christian values in these times of so much uncertainty- and I would like to see our city council meetings continue to open in prayer. I hope that the majority of Christians will speak up and act on this so our city- and our nation will not Iose this privilege. Sincerely, Gail Dupuis 57 Evans, Richard From: Taylor, Jonathan Sent: April -27 -15 12:42 PM To: Evans, Richard Subject: FW: Prayer at Common Council For info From: TerryandBarb Sent: April -27 -15 12:13 PM To: Taylor, Jonathan Subject: Prayer at Common Council Dear Mayor and Council; In hearing the Supreme Court of Canada's ruling, that prayers cannot be recited before municipal council meetings in Quebec, I a concerned citizen of Saint John do request and encourage you, Mayor and Council to please continue the long standing practice of opening the council meetings here in our city with prayer. God tells us to be strong and courageous and without heartfelt prayers nothing can be done without him. 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CJ�� �`: l�/l (((I �' Yfl U�/� � �n :�� S� �-�%� W� "5 � � � tl r)rn e " ni -� t � S � U � 5 ����'i�, ��r� C,-� (1 121 - X55 %-� 4 jell i� �► i e 5 � G� �� l 75 rl(N 76 r Dv-�6 C � f * �ounc- (, I , R r N�+M, �+✓1 I � xc'r -S O1 r - r am wFl+,v, � `f 0 � COAD 77 C"IV 0� Cat Yll - Z, .1 Mnv�d C i�c�_c�2b__CL1c1l is tcuon( I cm n �Q� io moum c WU r L proc+ice 0- eninq the Coun5�' med to bt c6c, jour farni i(( to Pm� 'or Tout" f ( f oncleo-I A f lS i.11C�Y� � � - - }__ __ S�m60i15er 79 to confi n uc' the ions 1�r�� iq Wit proyc -Vour we mss , For wt5dom on 'OPAL � Taylor, Jonathan From: David Warner Sent: April -29 -15 10:46 AM To: External - CommonClerk Subject: PRAYER As we read this mornings paper we were able to relate to Pastor Burts feeling of being " wired " Sadness . disappointment and yes ... anger best describe our feelings as we read the article " Saint John council scraps opening prayer " . Our council chamber as stated is for all citizens , as Christians we do not feel supported ...to the contrary our basic rights are being taken away.. Our God will not be mocked , history shows what happens when nations turn away from Him . Council did not have their vote and apparently our Mayor did not do his homework. Dave & Lynda Warner This email is free from viruses and malware because avast! Antivirus protection is active. h1 Taylor, Jonathan From: Jim Sent: April -28 -15 8:43 PM To: External - CommonClerk Subject: Fwd: Removing prayer from Council Categories: Red Category Sent from my iPad Begin forwarded message: From: Jim Date: April 28, 2015 at 8:25:22 PM ADT To: "Johnathan.taylornsaint ohn.ca" < Johnathan .taylor(osaintjohn.ca> Subject: Removing prayer from Council To Mayor Mel Norton and Common Council It has come to my attention that the Mayor of Saint John has indicated there will be no further opening prayer at Council meetings. This is a great dis- appointment to me as I feel our Mayor and members of Common Council surely need prayer and wisdom as we forge ahead as a renaissance city as the Mayor has suggested we are. I realize the Supreme Court ruled against prayer in Quebec but that does not necessarily apply to the rest of the country (at this point anyway). I would urge the Mayor and Common Council to reconsider and reverse this decision. It seems to me that " political correctness " is our greatest threat today as we are so afraid of offending anyone. Well for one, I am offended at this decision. James D Shaw, CPA, CA Sent from my iPad Taylor, Jonathan From: Bonnie Sent: April -28 -15 5:27 PM To: Taylor, Jonathan Subject: prayer before our city council meetings Good afternoon, My name is Bonnie Burt. I hope you are having a great day! Anyhow, I was so saddened to hear this am that the mayor is no longer permitting prayer before our city council meetings on Monday evenings. One of our parishioners received a message from your office saying that you are unable to continue prayer in the council meetings. I really appreciate it if you could answer a couple of questions for me. 1- why are we "unable" to continue that prayer(the reasons for the change) 2 -why would "one person" be able to cause such a dramatic change when there are literally hundreds of folk, besides myself, that believe in the importance of prayer, still want this to continue before our city council meetings. 3 -the supreme court of Canada made that ruling for one community in Quebec, not for all of Canada, so why? 4 -does not our mayor, value the voice of more citizens, than one? 5 -if you, Mr. Mayor value the voice of all citizens, you would have never made this decision, am I not correct? I am saddened for you Mr. Mayor & saddened for our community. Thank you and waiting for your response, Sincerely & praying for you and our great city! Pastor Bonnie Burt 2 Taylor, Jonathan From: Pi Sent: April -29 -15 2:10 PM To: Taylor, Jonathan Subject: The Mayor and Council; The Supreme court ruling was specifically addressed to Saguenay, Quebec. NOT Saint John, New Brunswick! Bring prayer back ! It's my city. How dare you ban prayer without consulting me first. You do not have the right to make that decision on my behalf. Pete Jones 1963 Freeborn Citizen of Saint John, NB Michael & Gail Donnahee Saint John, NB May 04, 2015 The Mayor & Council c/o Common Clerk: Jon Taylor City of Saint John, P O Box 1971 Saint John, NB E21- 41-1 Dear Mayor & Council: As a result of the supreme court of Canada ruling; that prayers cannot be recited before Municipal Council meetings in Saguenay, Quebec; we as citizens of Saint John do sincerely request and encourage you, mayor and council, to please continue the long standing practice of opening the council meetings here in our city, with prayer. The means of which will continue to impart insight and wisdom in governing our great city. Respectfully yours, Mr. Michael A. Donnahee Mrs. Gail D. Donnahee -44? m a7 /i.� Dear Mayor and Council; In light of the Supreme Court of Canada ruling; that prayers cannot be recited before municipal council meetings in Saguenay, Que., I, as a citizen of Saint John, do here by request and encourage you, Mayor and Council, to please continue the long standing practice of opening the council meetings here in our city with Prayer. Sincerely yours; /-M n"Me LIM Dear Mayor and Council; In light of the Supreme Court of Canada ruling; that prayers cannot be recited before municipal council meetings in Saguenay, Que., I, as a citizen of Saint John, do here by request and encourage you, Mayor and Council, to please continue the long standing practice of opening the council meetings here in our city with Prayer. Sincerely yours;V�.�.�j'� .. Taylor, Jonathan From: Pastor Lindsey Burt Sent: April -28 -15 7:07 PM To: Taylor, Jonathan Subject: FW. Prayer Cancelled at Council Categories: Red Category April 28, 2015 Dear Mayor Mel and City Council; below you will see a letter that I have written to my Clergy friends here in our city today as well as the bottom half that was part of a letter written to them last week: Maybe you can answer some of these questions that are asked in this letter. Dear Ladies and Gents; Today is a new Chapter in our city, a sad one in my opinion! As of Last night Prayer has been cancelled here in our city at the opening of Council meetings . Mayor Mel Norton has stated in the news that "As a place of government, as the seat of all people, this council chamber obviously belongs to those of faith and those who choose otherwise, those who choose not to have a faith walk or a faith belief. This is a council chamber for all citizens," he said. > One of the questions we should be asking is, "was this the mayors decision alone or was this a decision of Council ? > Was there a vote taken at a public Council meeting... if so, it was not seen on (TV) at the Council meeting? > Was consideration and respect given to the clergyman who showed up to Pray Monday night? > Was proper or any notice give to the Saint John Ministerial person who has been so gracious and kind to properly organize prayer persons for many, many years. If proper notice was not given, this is a very unprofessional and elementary way of conducting business by a mayor and council to whom we are to look up to and respect. From my understanding the ruling in Quebec was to that particular Council for a particular reason and was not a mandatory rule for all community and city councils across this nation of Canada. Mayor Mel Norton said in the new brief that city council is going to respect the ruling by the country's top court. What about respect for the many, many citizens of this city who want prayer to continue at the opening of Council meetings? Question, "Mayor Norton; was this a decision of the city council or yours alone and was proper discussion on this decision given due course? In a city with severe economic woes, why in the world would any reasonably minded person not want to invoke the blessings and favor of the Almighty upon its mayor, council and citizens. We need all the help we can possibly get, natural and supernatural! Even if you are a person of unbelief, what harm could a 2 -4 minute window given to prayer and scriptural reading possibly do ?? 0 (PS) From my understanding the Supreme Court's ruling, ordering a Quebec town to stop reciting prayers at the beginning of city council meetings. That decision apparently came at the end of a nine -year battle between Saguenay's mayor and a resident (who from my understanding is an Atheist) who complained that the prayer violated his freedom of conscience and religion, which is protected under the Charter of Rights and Freedoms. However this is not a charter of Rights Decision. This complaint was first brought to the Quebec Human Rights Tribunal who ruled in favor of the Atheist and interestingly awarded him a tidy sum of money. (Interesting was the atheist concerned about religious freedom or interested in Money ? ? ?) It then went to the Quebec Court of Appeal and the decision was reversed.... then it went to the Supreme Court and received its latest ruling. This ruling does not necessarily (at this time anyway) prevent other City Councils around the country from opening their meetings with prayer. Also worth noting: • Prayer continues to be offered each day at the beginning of the House of Commons meeting in Ottawa. • Just recently "Telegraph Journal ran an article entitled; "Speaker says amen - prayers stay in legislature. Fredericton, NB. Yet at the same time a number of Council around the country are cancelling prayer in response to the Supreme Courts decision and because someone has now jumped on the political correctness /don't hurt my feelings, band wagon and are encouraging or demanding councils to follow suit in cancelling prayer in these public venues. Sincerely and Prayerfully yours; Rev. L Burt Full Gospel Assembly! 0 of • �ll PROCLAMATION WHEREAS: The Government of Canada recognizes the week of May 15th as National Police Week; and WHEREAS: the Saint John Police Force will be recognized as providing exemplary leadership and service reflective of the public safety needs of the community to enhance the quality of life; and WHEREAS: the Saint John Police Force has grown to be a modern and scientific law enforcement body, which increasingly provides a vital public service; and WHEREAS: everyday, law enforcement officers render dedicated service to their community, often times exposing themselves to substantial risk of death or great bodily harm; and WHEREAS: as concerns about crime rise, the way Canadians think about policing transformed. Integration of the creative thinking of law enforcement administrators and academics with a wide body of policy research findings has yielded the concept of community policing. Unlike programs intended to address specific problems faced by law enforcement, community policing calls an all- encompassing change in the way police perform their duties; and WHEREAS: it is important that all citizens know and understand the problems , duties and responsibilities of their police force, recognize their duty to serve the people by safeguarding life and property, by protecting them against deception and the weak against oppression or intimidation. NOW THEREFORE: I, Mayor Mel Norton, of Saint John do hereby proclaim the week of May 10th to the 16th, 2015 as Police Week in the City of Saint John. In witness whereof I have set my hand and affixed the official the Mayor of the City of Saint John. 91 J,1> a v The City of Saint John PROCLAMATION WHEREAS: the Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act and the New Brunswick Human Rights Act prohibit discrimination on the basis of sexual orientation; WHEREAS: we are striving to make New Brunswick and the Greater Saint John Region a society open to everyone regardless of sexual orientation, gender identity or gender expression; and WHEREAS: Saint John was recognised as the Cultural Capital of Canada and the City of Saint John continues to celebrate over two centuries of diversity since becoming Canada's first Incorporated City and we continue to be the "Renaissance City". WHEREAS: homophobia and transphobia remain present in society despite efforts to the contrary and there is a widespread general agreement opposing discrimination and more specifically homophobia and transphobia; and each year the seventeenth day of May is the International Day Against Homophobia and Transphobia across Canada and around the world; WHEREAS: Friday, May 17, 2015, shall be the International Day Against Homophobia and Transphobia; and WHEREAS: there is reason to endorse the efforts of Fondation Rmergence, PFLAG Canada, PFLAG Canada's Saint John Chapter, The Unitarian Universalist Congregation of Saint John, Centenary Queen Square United Church, Port City Rainbow Pride Inc., AIDS Saint John, Xerox Canada's GALXE Saint John Chapter, the respective Gay /Straight Alliance Student Organisations at Harbour View High School, Saint John High School, St. Malachy's High School, Hampton High School, l;cole Samuel de Champlain and the UNBSJ Q- Collective in holding this day; NOW THEREFORE: I, Mayor Met Norton, of the City of Saint John do hereby proclaim the weekend of May 17th, 2015 as International Day Against Homophobia and Transphobia 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. 92 � ���� 15 Depot Court I ' �' Section 39 ~ Amendment .`. r -i • 1ti v * The City of Saint John Community Planning & Development Growth & Community Development Services i v Ir lt.t oll 4W co 0' 12.49 ACRE9F615,MI-S.F, pER FLOO r" -• -� .�...�- 'ITOEI SLOPE e • a -'-- I LL I i BULDl NIiK WE ROOM '. TI�A RETAIL N3RETAILN FLOOR AREA REr- ft17.t34 S.F -- (t?2.721 S.Fj " a - .123 S l x12 - 1,>, L7FIZAMNE AREA ■ s ..w \ _ i } 621 '11J.'.'1 TOTAL AREA 82.852 S.F. \ F.OPEOAAREA 4. L 11i. 1 O _ — • ('P. r1 i IIE91 K.1 1 8 TT ' t S"} I i �3F) + I A � T • V. P. 4 A ` TA P P \ _ I :34 (N MOOAE9 1 - ^�I I F II II (IN1�.fO RI (68.305 S.F. _ I l+ c s Fl 1 t OR 4 . (s1.8R16 S. F.• ii _ _T -� X ✓ 1 MCKER 1 ' I SALLY ���� kl 12.005 7TWEED VACANT I I ' VII(iII1IIU CC..1111�'"5�I'''''V �T I� ,5385 • ' I Jw 0, LOR . TORO 1 1 1 GAP 1 $ i I f11 L1jJ . Do }- S LEE--A 37.734 SF.) I - - .0423. M tc Yl -I- S.F. 1 5.79E - - - - - - - ' ..,_1- {t51'S90 $ • 4 I • 1 ocT>= ' -- �y l _ _ _ WY HN . -. r.r. -. _ �..- .- .- .- . -. -.�^ r.� 1 1 • A .32 J 0325 ES 1 • - - ✓ r -� -•- ( 07 ACRES) ` LAiCjf '�.. 1•. �.... —. O.w_s�o _ _. — - — - — - - - - — — — L PRINCESS II 1 I q 4. (396, 8 F.) (t17000 & } 1 ✓ '��' - 1 t I OEFOT 1 I k 1 5 1 {111111; 1 1 - - - - - - - -- - - - - y— �At,E - - - - -- , t 1 �• � �• SR b y ESA Sa CARS LSEY ,8776. I CAA l (35.07 ACRES 138372 SF.} - - 1 _ _ _ -_ _ _ . A.O.W. 61.0 wn --- -- - - - - -- - �- proposal site plan A 95 _i proposal � enclosure 1520 BOL STONE RETAINING WALL kA PAINTED BLACK PLAN CURB ELEVATION L GRASS - REDI -ROCK RETAINING WALL 150 THK---// `-6000 x 1200 CONC SLAB CONC SECTION A 97 sr �` `Vr, 3 .. ��, . •378:; MY • a y -N ! ,,+ 4f Apprcxlmat ' '� • • -'' h Proposed Garbage .. Enc.esure. Lccatiorl +pf ol%q! p dmlb Je we 100 I , low74 . ark and ` ,'at+rral ?.'CG - area sC ti D,e Plark and i���s -d nn tea. A rya 101 retail and service cluster high - quality urban design _ public realm improvements 102 9� O,P COQ' 103 staff recommendation 105 FN Community Planning &Development Growth &Community Development Services April 22, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Section 39 Amendment 15 Depot Court On March 30, 2015 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its April 21, 2015 meeting. Rod Adams appeared before the Committee representing the applicant, East Point Inc., and spoke in favour of staff recommendation. The applicant responded to questions from Committee members regarding odours, safety concerns, and the frequency of garbage collection. No other persons appeared before the Committee and no letters were received regarding the application. After considering the report and presentation, the Committee adopted the Staff Recommendation relating to the proposed Section 39 Amendment. RECOMMENDATION: That, pursuant to Section 39 of the Community Planning Act, the conditions governing the development and use of the parcel of land with an area of approximately 4003 square metres, located at 15 Depot Court, also identified by PID No. 55220271, imposed by Common Council on January 31, 2005 be amended as follows: a) Amend condition e), as follows, to permit a reduced setback of 5 metres in the vicinity of the garbage enclosure: Page 1 of 2 107 The City of Saint John East Point Inc. 15 Depot Court April 22, 2015 e) The developer must extend curb and sidewalk along the entire Westmorland Road frontage of the site not occupied by buildings, driveways, walkways, parking or loading areas, including a minimum of 6 metres inside the front property line abutting Westmorland Road, which can be reduced to a minimum of 5 metres in the vicinity of the garbage enclosure as generally illustrated on the drawings submitted by the applicant; and the required landscaping must extend onto the City street right -of -way to the edge of the City curb /sidewalk. Respectfully submitted, Eric Falkjar Chair Attachments Page 2 of 2— - 108 Date: April 17, 2015 To: Planning Advisory Committee From: Community Planning & Development Growth & Community Development Services For: Meeting of Tuesday, April 21, 2015 SUBJECT Applicant: East Point Inc. Owner: East Point Inc. Location: 15 Depot Court PID: 55220271 Plan Designation: Regional Retail Centre Existing Zoning: Regional Commercial (CR) Application Type: Section 39 Amendment Jurisdiction: Common Council has requested the views of the Planning Advisory Committee concerning proposed amendments to the Section 39 conditions of the subject property. Common Council will consider the Committee's recommendation at a public hearing on Monday, May 11, 2015. SUMMARY In 2005, the subject site was rezoned and redesignated, through a municipal plan amendment, to facilitate the construction of a commercial building. The approval was subject to several Section 39 conditions, including a condition requiring a minimum of 6 metres of landscaping inside the front property line abutting Westmorland Road. 109 Page 1 of 8 East Point Inc. 15 Depot Court April 17, 2015 Approval of the proposed Section 39 amendment would permit a portion of the required landscaping adjacent to Westmorland Road to be reduced in width from 6 metres to approximately 5 metres allowing for the construction of a garbage enclosure. The proposed Section 39 amendment can be supported because the proposed garbage enclosure is of a high - quality and meets the requirements of the Zoning By -Law, the reduced landscaping is compatible with the larger neighbourhood context and the impact on the adjacent public realm is not significant. RECOMMENDATION That, pursuant to Section 39 of the Community Planning Act, the conditions governing the development and use of the parcel of land with an area of approximately 4003 square metres, located at 15 Depot Court, also identified by PID No. 55220271, imposed by Common Council on January 31, 2005 be amended as follows: a) Amend condition e), as follows, to permit a reduced setback of 5 metres in the vicinity of the garbage enclosure: e) The developer must extend curb and sidewalk along the entire Westmorland Road frontage of the site not occupied by buildings, driveways, walkways, parking or loading areas, including a minimum of 6 metres inside the front property line abutting Westmorland Road, which can be reduced to a minimum of 5 metres in the vicinity of the garbage enclosure as generally illustrated on the drawings submitted by the applicant; and the required landscaping must extend onto the City street right -of -way to the edge of the City curb/sidewalk- DECISION HISTORY On January 31, 2005, Common Council redesignated the subject property and adjoining lands, from Low Density Residential to Regional Centre (former Municipal Plan and Zoning By -Law). At the same time, Council rezoned the site and the adjoining lands from "RS -2" One and Two Family Suburban Residential to "SC" Shopping Centre, subject to an agreement pursuant to Section 39 of the Community Planning Act limiting the development of the site to shopping centre uses with a maximum floor area of 16,730 square metres, as well as other requirements dealing with street improvements on Westmorland Road, site development standards and municipal service extensions (see Appendix A). Depot Court was subsequently developed and vested as a public street and three lots were created fronting on this new street. 110 Page 2of8 East Point Inc. 15 Depot Court April 17, 2015 On March 6, 2007, the Planning Advisory Committee granted a variance to permit the subject site to have one freestanding sign at the intersection of Westmorland Road and Deport Court with a maximum of four tenant advertising panels, whereas the Zoning By -law permitted one freestanding sign on each frontage containing only the name of the shopping centre. On May 29, 2007, the Committee denied a variance application to permit a building with a setback of 7.5 metres from Depot Court. On June 12, 2007, the Committee granted a variance to permit a building with a setback of 9 metres from Depot Court subject to conditions including enhanced landscaping between the drive -thru and the street. On April 22, 2013, a development officer granted approval for the further subdivision of the site to create an independent lot for the subject property. ANALYSIS Proposal The applicant is seeking an amendment to a Section 39 condition imposed on the January 31, 2005 rezoning to permit a portion of the required landscaping adjacent to Westmorland Road to be reduced in width from 6 metres to approximately 5 metres to allow for the construction of a garbage enclosure_ The original plans for the site indicated that the garbage enclosure would be constructed in the parking lot. However, that location is no longer feasible due to the size of the waste containers needed to service the tenants and the parking requirements set out in the lease agreements with the tenants. As the site was developed as part of a unified development with the adjacent Princess Auto site, a reciprocal parking agreement was established to ensure that the subject site has sufficient parking to meet the by -law requirements. To meet the tenants' need for additional parking, the applicant is proposing to construct a garbage enclosure recessed in a retaining wall in order to maintain three existing parking spots on the site. Site and Neighbourhood The subject site is located in the East Point shopping area on the City's East Side. The site is a corner lot situated opposite St. Joseph's Cemetery with a frontage of approximately 44 metres on Westmorland Road, designated as a collector street by the Municipal Plan, and approximately 123 metres on Depot Court. This area of the City is designated as Regional Retail Centre in the City's Municipal Plan, which envisions a variety of large- format retail outlets and service -based uses. The built environment of the East Point area has been constructed with high - quality building materials, landscape design features and signage. The site contains a one - storey building with two restaurants, Starbucks and Wok Box. The subject property is zoned Regional Commercial (CR), which complements the surrounding neighbourhood context. The properties surrounding the subject site are predominantly zoned Regional Commercial (CR) with the exception of the cemetery to the south -east of the site, which is zoned Park (P). 111 Page 3 of 8 East Point Inc. 15 Depot Court April 17, 2015 Municipal Plan and Section 39 Amendment The subject site is designated Regional Retail Centre on Schedule B of the Municipal Plan. The intent of the designation is to provide large- format retail and service concentrations in the City that are "designed to be accessed by automobile, although [the] Municipal Plan sets out policy seeking improvements to ensure pedestrians, cyclists, and those using public transit can benefit from improved access to these important amenities_" The construction of a garbage enclosure is in keeping with the intent of the Plan as it supports the existing commercial uses located on the site. However, the proximity of the enclosure to Westmorland Road will have an impact on the public realm. Criteria to evaluate a proposed development within Regional Retail Centres are provided in Policy LU -61 of the Municipal Plan. These criteria include items that encourage developers to provide quality urban design and a pedestrian - oriented atmosphere_ The proposed design of the enclosure is of a high quality and echoes the design of the existing building on the site as well as other buildings in the East Point area. Another aspect of quality urban design is uniformity at the neighbourhood level. Front yard landscaping on developed properties in the East Point shopping area is consistently 6 metres or more in width. However, several properties along Westmorland Road have front yard landscaping of 5 metres or less in width. The creation of a pedestrian - oriented atmosphere is particularly important in this instance because Westmorland Road is an important public transit and pedestrian connection and a bus shelter is located near the proposed location of the garbage enclosure. The impact of the proximity of the proposed enclosure on the streetscape would be reduced by the existing embankment and landscaping adjacent to Westmorland Road and will be further mitigated by the provision of additional required landscaping. Existing Section 39 conditions (see Appendix A) require that all disturbed areas of the site are landscaped and that landscaping be completed within one year of building permit approval_ Conclusion Reducing a portion of the required landscaping adjacent to Westmorland Road is not ideal; however, the landscaped embankment provides sufficient screening of the enclosure from Westmorland Road to minimize the impact of the proposal on the adjacent public realm. The submitted drawings of the proposed enclosure demonstrate quality urban design that is consistent with the design of the building. The reduced landscaping is compatible with the neighbourhood context and staff recommend approval of the application. ALTERNATIVES No alternatives were considered. 112 Page 4 of 8 East Point Inc. 15 Depot Court April 17, 2015 ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on March 31, 2015. The public hearing for the Section 39 amendment was advertised in the Telegraph - Journal on April 16, 2015. SIGNATURES AND CONTACT Prepared by: ,. � Kristen Flood, MPI Planner Contact: Kristen Flood Phone: 506.658.4528 E -mail: kristen.flood @saintjohn.ca Project: 15 -039 Approved by: Stace orfar, MBA, MCIP, RPP Deputy Commissioner 113 Page 5 of 8 East Point Inc. 15 Depot Court April 17, 2015 APPENDIX Appendix A: Conditions attached to 2005 Municipal Plan Amendment and Rezoning Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Submission 1: Site Plan Submission 2. Garbage Enclosure Location Submission 3: Retaining Wall Design Submission 4: Garbage Enclosure Design 114 Page 6 of 8 East Point Inc. 15 Depot Court April 17, 2015 Appendix A: Conditions attached to 2005 Municipal Plan Amendment and Rezoning That, pursuant to Section 39 of the Community Planning Act, the proposed development of a shopping centre on the parcel of land with an area of approximately 7.6 hectares (18.8 acres), located at 360 Westmorland Road, also identified as being PID 321596 and a portion of 324657, be subject to an agreement containing the following conditions: a) The development of the site is limited to a shopping centre with a maximum floor area of 16,730 square metres (180,000 square feet) in one or more buildings; b) The developer must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt and enclose them with cast -in -place concrete curbs to protect the landscaped areas and facilitate proper drainage; c) The developer must provide adequate site drainage facilities in accordance with detailed drainage plans, prepared by the developer and subject to the approval of the Chief City Engineer; d) The developer must provide all utilities underground, including power and telephone from the existing overhead lines on Westmorland Road; e) The developer must landscape all disturbed areas of the site not occupied by buildings, driveways, walkways, parking or loading areas, including a minimum of 6 metres (20 feet) inside the front property line abutting Westmorland Road; and the required landscaping must extend onto the City street right -of -way to the edge of the City curb /sidewalk; f) The developer must extend curb and sidewalk along the entire Westmorland Road frontage of the site from the end of the existing curb /sidewalk at the CAA entrance, and Westmorland Road must be widened to provide dedicated left turn lane and a dedicated right turn lane, all in accordance with detailed plans to be prepared by the developer and subject to the approval of the Chief City Engineer; g) The developer must install traffic signals at the intersection of Westmorland Road and the entrance to the site, which must operate from a single controller in conjunction with the existing traffic signals at the Canadian Automobile Association (CAA) entrance; h) The developer must extend municipal water, sewer and storm sewer to service the subject site in accordance with detailed plans to be prepared by the developer and subject to the approval of the Chief City Engineer; i) The developer must provide security to the City, in the form of a letter of credit in an amount to be determined by the Chief City Engineer, to ensure the completion of the work required in conditions (f), (g) and (h), and completion of the entrance roadway to City standards, and such security must be provided prior to any subdivision of the site; 115 Page 7 of 8 East Point Inc. 15 Depot Court April 17, 2015 j) The site shall not be developed except in accordance with detailed site plans and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, exterior building materials and finishes, landscaped areas and other site features_ Such site plan must be attached to any building permit for the development, other than site preparation; k) All work as shown on the approved plans, except for landscaping, must be completed prior to the opening of the facility for business_ Landscaping must be completed within one year of building permit approval; and further that upon the rezoning of the area, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. 116 Page 8 of 8 ROc '11�1- I-1-t4p Map 1 - Site Location East Point 'Lne. -15 !-)apot Court I 10 ss C04.;� 117 L. Ik— * 100 The City of Saint John Date: April -13 -15 0 100 m Park and Natural Is Area Mar) 2 - Future Land Use Last P0111t Inc. -15 Depot Couirt Park and Natural ;Stable- 5! V ell The City of Saint John 118 Date: April -13 -15 0 100 m cri. 1�1` e< Pon! (CR) Regional Commercial (P) Park (R2) Two -Unit Residential Map 3 - Zoning East Point Inc. -15 Depot Come 119 vQ2 O� �y p Ce. R ^. * Section 39 Conditions The City of Saint John Date: April -13 -15 a_ '~ ♦ 4, r, .s• � /���Q � iV. .tip_ ell ol IN ' Approximate Proposed Garbage > Enclosure Location r The City of Saint John Map 4-" Q e d a R o g ra' y 120 Date: April-1 East Point Inc. - 13 Depot Court o p 25m I - — I I Site P h otog ra p by The City of Saint John ` y East Point inc. -15 Depot Court 121 Date: April -13 -15 4: AELRa•Rffi .OEXTO 1IKR•IN L)'AI UVA V 1 1-- .- .- . -• -._ ------- ,I Ir L I �1 Imo. L• NOTE 111EPURFO,E OFTNEI PLANTS -OIELY TO ICENTIFY7HE LOC..TIDNOFTHE FRENSFS THATSPE ALREAE':CONLTRUOTEO,lO SHOW 7HEAPPROMWTER LOGAT NOF THE PREMISES. IYTHIN; ON TNIi PLANWLL OBLIGE, NORE WLLTHISPLANBE CWTRUOEP Tp OSLISE.THE IANDLORO m CINSTR= ALLORANY PART: OF THE MCON- TRUCTEDBUMNC3,07HER T THE PREWS , IN ACCORDANCE WETH OBLIGATENS L.NDER THIS AGREEMENT, NOR TO C GF`INF FORMCH llT OF ANYOF THE BUMM TO SE CON TRU=D.OTHER TURN TNEPRFMISES, 122 c z w 4 F F 6 STATISTICS IOTAL PFT'g9TE NiEA TOTAL • :)E I APFA T.'rk e.'EZ aF,1 TO S.'�Ei AAAPEFA I,AF' Afp TO'19•E6An4 �ifi ES :12131 ACRE. 10'AL 9'E9AP-,= A� A�''9f Sf. P A TO *AL &)E I AREA 'RE AD IAAPFA PI0.11':RE :k ;:TES S iDfAL�TAAA%4EIiE1 •I9A�i�6 ."FMITES, S PNA'i�'l PATip I ,A�1. p F. i F, T�A OAP FURRA(8lBRE1 L'4N7 : R. �L M AAMA A1FE 99 AREA µ,✓!g ':RE': w ,a•JVS TOT'11FTA LAREAHiE4 PAF10K3 i.ATD ?17 V"' W. ': pRN NS AIMK F..TD t••RrC)UIiCp. t':ItA �G q g.F ;: .,91a TTTALQ'gUC FLOOR APEl :1114 _ ,ill IF orA'. carE •APEA nrri RE�A4 AREA RrE, :9 ^e,: ne, n sF FJnv rp �.a nAA: e etR2•� ': f. TOfn.aIEANF:A T. rAL FETULAPFA ::Te( Ntl A.^,PPd PAPlf W F/ p 1( P. (x. Tro F. F: ipTAL OR wa ROORAPiASIIi( r „TRUE A�''9f Sf. P A i°iii sRErns�a�AEIrE; �sa� PAFW'L PAA SAC .I COYI9UJE t®'I:Op f T'ITIL. RTPA TOTAL RETAIL L.S APEA.IrEH Atli l:PES IOTUE'—APER TOTALRETNLA9 ;1719 •I AOAB9 •h,vA. .F. PAANf'.) WTIO 91 1 lld .•F i )T;!.Gf h}O R•OR MPl. sBE9 .YARAOE K21R 8F. . rD&PBTNL'In AI93A •DTA•FI AREA I .Yb xiIT.1C PAII PANA:i WTI' YF� .F: ( )•, C. PP. F� WTIO 24 A ap. /�',:O 9. F. lo' LUrWU— RRAE'. TOTAL oETAi `.� 0 Ea G E L'4N7 : R. a {L V ud u oe ; LU Z °C a I` m milt EAST POINT CENTRE ;AINWCHK NEW BRUNaWIOIE 'RE PLAN I' ERALL _:Pl.E -1:290 FFBLIARY.., MIS 68.110 Al -EA" 123 GENERAL NOTES 1. All dimensions In millimeters unless otherwise e,)edRed. 2. Elevations in meters and based on NAD83 (03RS) Dawrn. 3. Site Plan (underlay) provided by otters and depicted for reference use only and not for carxwction 4. This drawing is not survey and erry properly boundaries are shown for reference only. PROPERTY O v at [it. LINE E><6TING GRADE a e m FENCE - CMAi' EHGfiETiRED SELECT SHALE FITS y oAr[ +L PLACED IN W. LIFTS k COMPACTED TO 95% STAMMD ;"R CH1tE6 PROCTOR. NK ANGLE OF FRIM OF 36' 1 243 WALL SHIFT 131 1 o REVLSION /ISSUE OAT ,r lll27 ''galrmgbh Rcv Tel. (505) 63,-1150 E01E7ffILE P.O. Box Ban F..(fi06)835*200 FABRIC Saint John, NB fundye4.n1yenC.som EX 4St ve. fundyang.eom �— '�' /• bar in90ur Chant:' Ne.d. First _/ Projeel: ASPFKT AND SUB- - - '' , _ ./ - �' RETAINING WALL BY OTHERS _ . 300 ;uIN ,^ , _ _ ^ -� / \ ! �r ' / ••,, DESIGN PRINCESS AUTO SAINT JOHN, NB O r - IOOmm PERFORATED OR" PIPE � /' Drawrng: \X.\ \ / \ 7 jr�/ i TYPICAL jX\ IX \ ;�\ / , \�j��. \; j,\ \ /\,� %\ \ �• SECTION Cfd�SHDSTCNLEYEII�hjjGIP \ ..... 9576 IJDaIF,ft� P�tOCiCAt• \ \ �� \ \ r \ \' \ _ !\ . \ \ \ .. Project No. D.signad e /i' 9952 G0M 3/09/ 11 \\/ scal. ormrn Rw. \\,: \/ \/ ; /��/ \`/ \� .'if \' /\ �% %;��\`•���\r \> \• j� /;\�, \�\ / /\\ %\`\�\ \%'��' " \�'�\% \'�' / "/ �\ �� 1,40 RTH 124 125 REDI -ROCK RETAINING WALL 0 152x152x6.4 POST 0 0 1520 BOLLARD 10410 CURB PLAN GRASS REDI -ROCK RETAINING WALL STONE RETAINING WALL -F/ METAL GATE I PAINTED BLACK L 150 THK. 6000 x 1200 CONIC CONIC SLAB ELEVATION SECTION A �w R YIS IONS ftjw nW EAST POINT SHOPPING CENTRE SAINT JOHN, NB STARBUCK'S GARBAGE ENCLOSURE u.�. iuxca m �s e.t.a ny Ne nrd,e sv, Ntll rot d �" on MMr pe7.eh s •.YnNn b a.vnw xan u.. C -1 N> 125 BN1 Advertiser Name: Saint John Common Clerk Advertiser Code: 571206 Size: 4.00 x 11.00 in_ Sales Rep: Doug Thomson PROPOSED SECTION 39 AMENDMENT RE, 1S DEPOT COURT Public Notice is hereby given that the Common Council of The City of Saint John intends to consider a proposal at its regular meeting to be held in the Council Chamber on Monday, May 11, 2015 at 6:30 p.m., by: Amending the Section 39 conditions imposed on the January 31, 2005 rezoning of the property located at 15 Depot Court, also identified as PID No. 55220271, to permit a revised proposal. REASON FOR CHANGE: To permit a portion of the required landscaping adjacent to Westmorland Road to be reduced in width from 6 metres to approximately 5 metres. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of 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. Written objections to the amendment may be sent to the undersigned at City Hall_ If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARTICLE 39 OBJET: 1S, COUR DEPOT Par les prasentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention d'examiner une proposition lors de la reunion ordinaire qui se tiendra daps la salle du conseil le lundi 11 mall 201S it 18 h 30 en apportant les modifications suivantes : Modification des conditions impos €es en vertu de I'article 39, le 31 janvier 2005, relativement au rezonage de la propri6te situee au 15, cour Depot, et portant le NID 55220271, pour permettre la presentation d'une proposition r6vis€e. RAISON DE ILA MODIFICATION: Permettre que la largeur d'une partie de I'am6nagement paysager requis situ6 pres du chemin Westmorland soit r6duite a environ 5 metres. Toute personne int6ress6e peut examiner la modification proposee au bureau du greffier communal ou au bureau du service de la croissance et du d6veloppement communautaire A I'hStei de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire part de vos objections au pmjet de modification par ecrit A I'attention du soussigne a I'h6tel de ville. Si vous avez besoin des services en fran4ais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Grefier communal 658 -2862 Ad Number: 7649592R Ad ID: 7032718 Ad Legacy: 7649592 Current Date: Mar 20 2015 02:18PM Start Date: 4/16/2015 End Date: 4/16/2015 Color: B/W Client Approval OK ❑ 126 Corrections ❑ (oussi disponible en franfals) Type of Application ❑ Municipal Plan Amendment ❑ Subdivision ❑l Zoning By -law Amendment ❑ Variance ,0, Amendment to Section 39 Conditions ❑ Conditional Use ❑ Zoning Confirmation Letter ❑ Letter for Liquor Licensing Contact Information Name of Applicant ��— Ile Mailing Address of cant (with Postal Code) - �-eJ IY,✓ ❑ Similar/ Compatible Use ❑ Temporary Use ❑ Change / Re- establishment of Non - Conforming Use 6X /Z& .LK- ZIL, /l Home Telephon� umber 7 / Work Telephone Number L J ( S` 1 ?1 7 Fax Number b Y 'V J C E mailer C� ��/� 7Z-9,7 L /Vl �/�f %��tf� �%�l �� CW Name of Property Owner (if different from applicant) Mailing Address (with Postal Code) Property Information /� t– �! Location / .. % 9A& _� C:Ci (�jncr� 7 0 Z d � / / Civic # Street PID Existing Use of property ps t y e_ Proposed Use of Property Alt )_21f /C Existing Plan Designation of P'roppertyn Proposed Plan Designation of Property Existing Zoning of Property //r��l "�� �^ a Al ' proposed Zoning of Property -� U/4��� Description of Application Describ t you propose to do (attach additional pages if necessary). e NOTE: If the appli NOT a er, th s signature or authorization (in writing) to submit this application is required. Signature of Afpplicant Signature of Owner Date / �'` Date For Office Use Only -� Reviewed by Date R Development Officer Information Accompanying Application: 1:61 ❑ Letter of Intent ❑ Tentative Subdivision Plan ❑ Floor Plans ❑ rte Plan /��j� J10 ❑ Building Elevations ❑ Sign Drawings C F -420 ^ . C ❑ Other --r N - A.O. Box 1971 Saint John, NB Canada E2L 4L1 w .salntjohn.ca C.P. 1971 saint John. N.-B. Canada E441 smAvrvrr JOHN 127 LIAR 13 205 East Point Inc. Section 39 Conditions Amendment Mar 12, 2015 The applicant wishes to construct an enclosure to house waste containers to service retail tenants located on the property. The enclosure will be constructed as an integrated part of the retaining wall being constructed at the site. The size of the waste containers needed to service the tenants coupled with the need to maintain sufficient parking spots as dictated by tenant leases requires that the enclosure be recessed into the retaining wall. The result is that the for the 34 foot (10.4 meter) length of the enclosure, the landscaped area bordering the property line will be reduced to 5.1 meters (16'- 9 ") from the Section39 requirement of 6 meters (19'- 8" The applicant requests an amendment to the Section 39 Agreement reducing the required landscape area width to 5 meters from the existing 6 meters to allow the waste enclosure to be constructed without reducing the number of parking spaces at the site. For further details if required contact: John Wheatley (333 -4004) or Rod Adams (634 -5717) 128 J r (n - Lr� Ld It CJ z u 'o �� � • � �. •. '.: bi fir• O l� J GENERAL NOTES 1. All cwmndma in mlumews unsess ! otherwise spadow. 2 Ef 4mms inmetm and Eased on ' NAD83 JCSRSy 6atum. 3. Sipe Plan (underlay) pm*ed by ulhers and deplded for referonw / , 6 I use 0* and not for canstrupfon. r �J % 4. This dnr" is not a elrvey and / Il O I- I I' fob prey " r4a are Mown l LJ I I' o t I 1 O QpgFE88t�lI ! cl n II w • a 8n� i� _ f I x �` a►26054 I( Q 0.D. a DAIIE I EN T— r —� o I _ _ _ _ ! — — +`— — —I = v y 1 243 WALL SHIFT 1311051 o RE j2S ISSUE DATE � s fI ! 27 V1WhWb n Ray TN. (Safi) 635-156a J / \ �J 'r�` P.O. Box am Fea. (sae) 635-0206 { SaVa JMn, NO K N*CfufHrl" uxrn E2L4S1 .rvid7ena.mm z =tin ✓ �/ � Pm)elt 1 J /� I �- RETAINING WALL � , E1 /� DESIGN - ^ " PRINCESS AUTO SAINT JOHN, NB pro: WALL LOCATION 9952 GDM � — -1'- - seal. Oro,n a - - -y — _ - - -- - -- 1J Y - - -- — jo - -- _-- - - - - -- - -- -- i 1,300 RTH 2 sn« 6 — D5, — - 4 - -- D3 3w D2 1 -- - -- -- - - -a- \ I c� r � II Cc' w I � w x ` si LJ ``' 11 \ ,. 1, 129 7. 00- N. k I D. •� � N I �e h tom (7) .. Z Q J r (n - Lr� Ld It CJ z u 'o �� � • � �. •. '.: bi fir• O l� J GENERAL NOTES 1. All cwmndma in mlumews unsess ! otherwise spadow. 2 Ef 4mms inmetm and Eased on ' NAD83 JCSRSy 6atum. 3. Sipe Plan (underlay) pm*ed by ulhers and deplded for referonw / , 6 I use 0* and not for canstrupfon. r �J % 4. This dnr" is not a elrvey and / Il O I- I I' fob prey " r4a are Mown l LJ I I' o t I 1 O QpgFE88t�lI ! cl n II w • a 8n� i� _ f I x �` a►26054 I( Q 0.D. a DAIIE I EN T— r —� o I _ _ _ _ ! — — +`— — —I = v y 1 243 WALL SHIFT 1311051 o RE j2S ISSUE DATE � s fI ! 27 V1WhWb n Ray TN. (Safi) 635-156a J / \ �J 'r�` P.O. Box am Fea. (sae) 635-0206 { SaVa JMn, NO K N*CfufHrl" uxrn E2L4S1 .rvid7ena.mm z =tin ✓ �/ � Pm)elt 1 J /� I �- RETAINING WALL � , E1 /� DESIGN - ^ " PRINCESS AUTO SAINT JOHN, NB pro: WALL LOCATION 9952 GDM � — -1'- - seal. Oro,n a - - -y — _ - - -- - -- 1J Y - - -- — jo - -- _-- - - - - -- - -- -- i 1,300 RTH 2 sn« 6 — D5, — - 4 - -- D3 3w D2 1 -- - -- -- - - -a- \ I c� r � II Cc' w I � w x ` si LJ ``' 11 \ ,. 1, 129 130 ,� ♦ � ��� .� �s- . �; � � -��- '� ►� :- 132 j wv, May 6, 2015 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: SJMNRC Presentation Background The Saint John Multicultural and Newcomers Resource Centre (SJMNRC) is a non - profit organization that provides an integrated approach to services for newcomers. All the services are free for immigrants in order to encourage and promote cultural diversity. The SJMNRC assists newcomers settle in Greater Saint John. By creating a road map for newcomers, the SJMNRC is facilitating the integration of newcomers to Saint John and helping to retain them. With a retention rate of 67% in NB (up from 50% in 2005) and serving clients representing over 44 countries over the year, (and 23 different countries in the last year) it is clear that the SJMNRC values assisting newcomers settle successfully in Greater Saint John. A part of the SJMNRC mandate is to act as an advocate for newcomers and the multicultural community in the Saint John region. As a funding partner for this non - profit champion of diversity and community development, I recommend a presentation before Mayor & Council. The SJMNRC is improving the cultural, social and economic well -being of our community and we can all benefit from the newcomer and immigrant success story to be shared in our own community. T. . Refer to the City Manager for scheduling of presentation during an open session of Council. Respectfully Submitted, (Received via email) Greg Norton Councillor —Ward 1 City of Saint John l� - VU SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41_1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 133 May 6, 2015 Deputy Mayor and Members of Common Council Deputy Mayor and Councillors, Subject: The Canada 150 Fund Background Please see attached. Motion: That Council refer the attached letter regarding "The Canada 150 Fund" to the City Manager to begin planning and accessing. Respectfully Submitted, (Received via email) Mel Norton Mayor City of Saint John %, SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 4L1 ---------- 134 The Canada 150 Fund The goal of the Canada 150 Fund is to create opportunities for Canadians to participate in local, regional, and national celebrations that contribute to building a sense of pride and attachment to Canada. A limited number of high impact, large -scale projects that are national in scope will also be supported through the Canada 150 Fund as Signature Initiatives. If you think your project may qualify as a Signature Initiative please speak with a project officer prior to applying. Eligibility details Eligible funding recipients under the Canada 150 Fund include the following types: ? Canadian not - for - profit organizations, including corporations, trusts, cooperatives and unincorporated associations; ? Canadian business corporations, including partnerships, trusts and joint ventures where projects are non - commercial in nature; ? Canadian schools; and, ? Canadian municipal governments and their institutions. Federal departments, agencies and institutions, Provincial and Territorial governments and their institutions, private individuals and political parties are not eligible under the Canada 150 Fund. Application deadline There is no established deadline to submit a funding application under the Canada 150 Fund. For Signature Initiatives, an Expression of Interest must be submitted by May 29, 2015. What you need before you start Contact a Canadian Heritage program officer to get an application kit. Contact us If you are deaf, hard of hearing, or speech- impaired, please call our toll -free TTY line. Use this line for all enquiries, regardless of whether your project is national or local, regional, provincial in scope: 1- 888 - 997 -3123. The toll -free lines (1 -800 or 1 -866) have agents available to answer your questions, Monday to Friday, 8:30 a.m. to 5:00 p.m. Eastern Time. 135 For projects that are national in scope, please contact: By phone: 819- 997 -0055 or 1- 866 - 811 -0055 By email: info@Canadal 50. gc.ca By mail: Department of Canadian Heritage - Canada 150 Fund 25 Eddy Street, 11 th Floor Mailstop 25 -11 -R By fax: Gatineau, Quebec K1A OM5 1- 819- 956 -3645 For projects that are local, regional, or provincial in scope, please contact the Canadian Heritage Regional Office in your province or territory. Local Heritage in Moncton 506- 851 -7066 136 1 a P T TO, ' ��O C T OPEN SESSION M &C2015 -093 May 5t ", 2015 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT MT City of Saint John Demolition of the open, vacant, dilapidated, and structurally unsound buildings at 53 Parks Street Extension (PID# 00031310) BACKGROUND The property at 53 Parks Street Extension has two buildings on the premise; a two- storey, wood -framed single family home with an attached single- storey rear shed, and a detached single- storey, wood - framed garage. These buildings pose a hazard to the safety of the public by reason of being open, vacant, dilapidated, and by reason of unsoundness of structural strength. Staff first became aware of the property's vacancy in June 2013 after receiving a complaint from a neighbour and began standard enforcement procedures. The property has not had power since October of 2012, and the water has been shut off since September of 2013. Neighbours have stated that they believe the property to have been vacant since at least 2010. The subject property is located in a quiet residential neighbourhood in the City's North End and is in close proximity to Princess Elizabeth School. Additionally, neighbours have recently reported that they have seen teenagers in and around the property. Since staff began monitoring the property, the garage and house have continuously been found to be unsecured and/or open. Currently the garage is accessible through the front doors and the rear shed is accessible through an open rear door. Staff has noted a second point of entry to the house during routine inspections; a window that is located at the north east side of the front porch. This window is being held in place with three screws into the rotten wood window trim which can easily be removed to allow unrestricted access to the entire house. 137 M & C 2015 -093 - 2 - May 5', 2015 The condition of the garage is one of neglect and deterioration. The wooden shingles on the garage are deteriorated, broken, and contain organic growth. The westerly corner of the garage has a large opening where the walls have rotted. Additionally, the plank sheathing on the roof is deteriorated and there are multiple patches of untreated oriented strand board (OSB) indicating the roof system has not adequately restricted water from entering the building for an extended period of time. There is evidence of a lack of lateral support in the structure as the walls are out of plumb and the garage is leaning. Prior to issuing the Notice to Comply an internal inspection was conducted on January 7, 2015 which revealed the house has suffered from significant water damage which is accelerating the degradation of the structure. Several walls inside the house are bowing and gyproe has fallen off the walls and ceilings due to water saturation. The floor at the second- storey of the house is covered by insulation and gyproc which has fallen off the walls and ceilings. Access to the second- storey of the house is restricted due to large sections of wood panelling and gyproc which have detached from the wall and are resting on the handrail covering the stairs. Mould growth was found to be present on several walls and ceilings. A section of roof in the rear shed has collapsed leaving the interior open to the elements. If left in this condition the house will continue to deteriorate at an accelerated rate. For the reasons described above, a Notice to Comply was issued on March 4, 2015 and was posted to the front entrance of the house. The Certificate of Ownership for the property lists one individual as the registered owner. Staff has been advised that the registered owner of the property passed away intestate. Letters have been sent to distant relatives of the deceased owner describing the conditions of the property; however, the property is considered to be abandoned. A compliance inspection was conducted on May 4th, 2015 which revealed that the conditions which gave rise to the Notice to Comply have changed; a section of fascia on the garage has fallen off and new debris not previously noted including three twin mattresses and pieces of broken wood furniture were found on the premises. Attached for Council's reference are the Notice to Comply that was issued and the 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 138 M & C 2015 -093 -3 - May 5" `, 2015 with a request for reimbursement. This property will be subject to the topsoil and grass seed pilot program. 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 53 Parks Street Extension (PID# 00031310), in accordance with the applicable City purchasing policies. Respectfully submitted, F Katelyn Davis, EIT Technical Services Officer Gr wth and Community Development Services Pt� Pamela Bentley, P.Eng. Deputy Building Inspector Growth and Community Development Services MURP, MCIP, RPP city Development Services 4 �1 t 'ck Woods, CGA City Manager 139 CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN IN THE MATTER OF THE BtiILDING THAT IS LOCATED AT 53 Parks Street Extension, SAINT JOHN, N.B. (PID number 313 10) AFFIDAVIT OF SERVICE 1, Christopher McKie], of Hampton, N.B., Make Oath And Say As Follows: 1. 1 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 March 4rd, 2015, at approximately 11:12 a.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 53 Parks Street Extension, Saint John, N.B. Sworn To before me at the City of Saint John, N.B., on the 4d day of March, 2015 a A X ZL- 01 U&lhts 140 Christopher McKiel FORM 1 NOTICE TO COMPLY (Municipalides Act, R.S.N.B.1973, c.M -22, s.190.01(3)) Parcel Iden"rer: 31310 Address: 53 Parks Street Extension, Saint John, New Brunswick Owner(s) or Occupier(s): Name: Mahoney, Hattie, Estate FORMULE 1 AWS DE CONFORMITY (Lot sur I- ManicOalttes, L.R.N. -B. de 1973, ch. M -22, par. 190.01(3)) Numbro d'identifiication de la parcelle : 31310 Adresse : 53, rue extension Parks, Saint John, Nouveau- Bnmswick Propriasire(s) on occupaut(s) : Nom : Mahoney, Hattie, Biens Address: 161 L.einstcr Street, Saint John, New Adresse : 161, rue Leitmer, Saint Job,, Nouveau - Brunswick, E2L 1J6 Brunswick, E21, 1J6 Municipality issuing notice: The City of Saint John By -law contravened: Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, By- law Number M -30 and amendments thereto (the "By- law"). Provisions) contravened: Paragraphs 190.01(i)(a) and 190.01(1)(d) and Subsection 190.01(1.11 of the Municipalities Act, and amendments thereto. Description of condition(s): The premise is unsightly by permitting junk, rubbish, refuse and dilapidated buildings to remain on the premise. The buildings have become a hazard to the safety of the public by reason of being vacant or unoccupied and have become a hazard to the safety of the public by reason of dilapidation, The condition of the buildings and premise are described in Schedule "A ", a true copy of the Inspection report dated February 6"', 2015 prepared by Katelyn Davis, ff , By- law Enforcement Officer, reviewed and concurred in by Amy Pof %Wroth, P- Eng., MBA, Building Inspector, Deputy Commissioner. Remedy or remedies required: The owner is to remedy the conditions by complying with one of the required remedial actions of the aforementioned inspection report and bring the buildings and premises into compliance with the aforesaid By -law. In the event that the owner does not remedy the condition of the buildings in the time prescribed by this Notice to Comply, the buildings may he demolished as the cove action to address the hazard to the safety of the public and the premises may be cleaned up. In the event of demolition by the City of Saint John, all debris and items on the premises will be disposed of as part of the conective action to address the hazard to the safety of the public. The aforementioned remedial actions relating to the demolition of the buildings and the disposal of debris Munielpalitf siguiTrant l'avis :The City of Saint John Arr6t6 enfreint : Arrgte relatif aux heux mesthettques et aux hdUntents et constructions dangereux de Saint John, Affdt6 numEm M -30, ainsi que ses modifications ci- aff6rentes (1' K Arret6 I)). Disposition(s) enfreinte(s) . Les paragraphes 190.01(1)(a) et 190.01(1)(d) et paragraphe 190.01(1.1) de la Loi sur !es municipalites, ainsi que les modifications aff6rentes. Description de In (des) coudition(s): Les lieux sont inesth6tiques en permettant In pr&mce de ferrailles, de d6lritus, de d6chets, et les batiments d6labr& Les bdtiments stint devenus dangereux pour la s6cunt6 du public du fait de son inhabitation on de son inoccupation et soot devcnus dangemux pour la s6curit6 du public du fait de son d6labrement. Les conditions des bOtiments et des lieux sont d6crites a 1'annexe « A o, une copie conforme du rapport d'inspection on date du 6 f6vrier 2015 et pr6par6 par Katelyn Davis, IS, unc agent charg6 de 1'ex6cution des a—t& municipaux, r6vW et on d'acconde aver par Amy Pot1'earoth, ing., MBA, inspecteure en bdtiment, commissaire adjointe. Mesure(s) it prendre : Le proprieaim dolt restaurer les conditions en se conformant h Tune des recommandations du rapport d'inspection susmentionne et d'amener les li timents et les lieux en confornlit6s avec I'Arret6. Dan$1'6ventualit6 que Ie propri6Wre no rem6dient pas les bdtimeats dans le temps prescrit par le present alis de conformit6, Ies bgtiments pourra We d6molis oomme mesum corrective compto term qu'il repr6sente un danger pour la s6curM du public et les liewc pourront titre nettoy6s. Darts 1'eventualit6 de dbtnolition par le City of Saint John, tous les debris et autres items sur les lieux semat disposes camme mesure corrective dans le but de rem6dier le danger pour la skuritb du public. Les mesures correctives susmentionn6es relativement it la demolition des btitiments et la disposition des 141 and items on the premises do not include the carry out of clean -up, site rehabilitation, restoration of land, Premises or personal property or other remedial action in order to control or roduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. Date by which the remedy or remedies must occur': d6bris et autres items sur les ]ieux ne comprennent pas le nettoyage, la remise en 6tat des lieux, des terrains on des biens personnels ou toute autre mesure corrective dans le but de controler on de r6duire, d'6timiner le d6versement, de modifier le mode de d6vermnent on le d6versement d'un pollunot dans ou Sur Penvironnement on toute pantie do 1'environnement. Date -i Ingoelle la on les mesures doivent titre prises': a) The demolition of the buildings, clean -up of the a) La d6molition des bitiments et le nettoyage Property and related remedies must be complete, des lieux doivent &m compla6es, ou les or plans and permit applications for repair plans et demande de perms pour les mesures related remedies, must be submitted: within 60 des reparations, daivcnt an soumises, Bans days of the Notice to Comply having been les 60 fours qui suivent Ia notification de given' Pavis de conformit6. b) The repair related remedies must be complete within 120 days of the Notice to Comply having been given. Date by which notice may be appealed: within 14 days of the Notice to Comply having been given. Process to appeal: The owner may within 14 days after this Notice To Comply having been 0,en, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hail — 8" Floor, 15 Market Square, Saint John, New Brunswick, E2L 4LL Potential penalty for non - compliance within specified lime': Subsection 190.03(1) of the Municipalities .Act states that a person who fails to comply with the terms of the Notice to Comply given under section 190.011 of the said Act, corumits an offence that is punishable under Part A of the Provincial Offences Procedure Act as a category F offence. Where an offence under subsection 190.03(1) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph 190.03(12)(b)(i). MnnieiPality'o authority to undertake repairs or remedy;: Paragraphs190.04(1)(a), 190.04(1)(a.1) and 190.04(1)(b) of the Municipalities Act states that if a Notice to Comply has been given under section 190.011 Of the said Act and that an owner or occupier does not comply with the Notice to Comply, as deemed confirmed or as confirmed or modified by a committee of council or a judge under section 190.021 of the said Act, within the time set out in the Notice to Comply, the municipality may, cause the Premises of that owner or occupier to be cleaned up or repaired, or cause the building of that owner or occupier to be repaired or b) Les reparations reli6es aux mesures doivent care comp16t6es dans les 120 jours qui suivent la notification de I'avis de conformit6. Date i IMuelle oa appel de Pavis peat fare depose: Dans les 14 jours qui suivent la notification de ]'avis de conforme6. Processus d'appel : Le piopri6taire peut daps les 14 jours qui suivent la notification de Pavis de c0nformit6, envoy6 un avis d'appel par courrier recommand6 au greffter communal de la municipalit6, i The City of Saint John, tdifice de Ph8tel de ville, 80 &age, 15 Market Square, Saint John, Nouveau - Brunswick, E2L 4LL PenaWk possible pour non- conformit6 dens le d61ai Prescrits: Le paragraphe 190.03(1) de la Loi sur leg municipalites pr6voit quiconque omet de se conformer aux exigences formul6es dans un avis de conformit6 notifi6 aux termer de Particle 190.011 de ladite Loi, commet une infraction qui est punishable en vertu de la Partie H de la Loi sur la procddure applicable aux infractions provineiales i titre d'infraction de ]a classe F. Lorsqu'une infraction prowtre an paragraphe 190.03(1) se poursuit pendant plus d'une joum6e, Pamende minimale qui peut titre imposes est I'amende minimale pr6vue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la chrsse F multiph6c par le nombre de jours pendant lesquels Pinfxaction se poursuit conforrn6mentAl'alin6a 190.03(1.2)(b)(i). Poavoir de is mnniciPalit6 d'entrepreadre les reparations on de prendre les mesurer: Conform6ment aux alin6as 190.04(I)(a), 190.04(1)(a.1) et 190.04(1)(b) de ]a Loi sur les niunicipalitds, si un avic de conform t6 a Etc sigmfi6 aux tonnes de Particle 190.011 de ladite loi et, que le propri6taire ou ''occupant no se conforme pas i cet avis de conformit6 dans le d61ai itnparti et tel qu'd est r6Put6 confrrmE ou tel qu'il est conftrm6 ou modie6 Par un comit6 du Conseil ou par un juge en vertu de Partielc 190.021 de Indite loi, la municipalit6 pent faire nettoyer ou r6parer les lieux de cc prvprietaire ou 142 demolished, and the cost of catrying out such work, including any related charge or fee, is chargeable to the owner or occupier and becomes a debt due to the municipality. Dated at Saint John the day of March, 2015. Municipality: The City of Saint John Signature of Municipal Officer. Municipal Officer's Contact information: Name: Katelyn Davis, EI'T Mailing address: Buildings and Inspection Services Department The City of Saint John 15 Market Square, City Hall Building, I Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: 506 -658 -2911 Telecopier: 506-632 -6199 Email: katelyn.davis(nsaintjohn_ca Seal of Notes: 1. All appropriate permits must be obtained and all relevant legislation moat be complied with io the course of catrying out the required remedial action. 2. Payment of the fine does not alleviate the obligation to comply with the by -law, standard or notice to comply. 3. Costs become a debt due to the mrmicipality end may be added to the joint municipal and provincial Red Property Assessment and Tax Notice. de Get occupant ou de faire r6pa= ou d6molir la propri6t6 de cc propri&aire ou de cet occupant, et les frais relatifs $ 1'ex&ution de ces tmvaux, y compris toute redevance on tout droit affi&mA, soot a la charge du propridtaire ou de Foccupant et devienneut one cr6ance de ]a municipality. Fait A Saint John le mars 2015. Muuicipalit8 : The City of Saint John Signature de la repr6- Cutante municipal.: Coordonn6v; de la repr6sentante munieipale: Nom : Katelyu Davis, IS Adresse postale : D6partement aux services d'inspection et des b8timents The City of saint John 15 Market Square, Edifice de I'hdtel de ville,10` Stage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4Ll T616phone : 506.658 -2911 T616copicur : 506 -632 -6199 Courriel: katelyn.davis @,saintjohn.ca Sc.au de la municipality Notes : i_ Tons 1- P-Irds prmcrits doivent a. ohtenua et tome la 14slation pertinent- dolt et" respcot6e, pendent 1'cx6cotioa do Ia mesure de recoum 2.1-e Palanettt de Parnmde n'annule pas ]'obligation de respecter I'W t6. In ntnme ou Pavis de eonformitd, 3, l.es MOO deviennent une dette euvent Is municipelit6 et peuvent ette 2jout6c 9 l "evil d'6valuation et d'imp& foncior municgral n provincial. 143 aiS:'i,CT:C,N 7'P'0. Srheda:e "A" 53 - 'a':cs Street 1*:xten3lo, Sain y Jo?tn, I4ew 3ru rewic ,, ; :'XD# 31310 !nsaectioe 73te. n7ad Jaannry 7, 2015 . .Inspection Conducted by: Katelyn Davis - "tZael-a:U.CII S -2Jlt Tale day o f-. Inspections of the property 53 Parks Street Extension, PU> 31310, have revealed that there are two buildings on the premise (the 'Buildings'; a two- storey, wood - framed house with an attached single-storey rear shed (the -House"), and a singly ato od wood_ framed garage (the "Garage'). Both of the Buildings on the property are vacant, open, dilapidated, and abandoned. The Buildings are a hazard to the safety re the public n, reason of being open, vacant or unoccupied, and by reason of dilapidation. DISC4ss O The Buildings are not in compliance with the Saint John Unsightly Premises and Dangerous Buildings By -law, Bylaw Number M -30, and amendments m (the By law"). Unsightly Premise Conditions Subsection 190.01(1) of the Municlpaliiies Act states; No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises (a) any ashes, junk, rubbish or refuse; (b) an accumulation of wood shavings, paper, sawdust or other residue of production or construction; (c) a derelict vehicle, equipment, machinery or the body of any Part of a vehicle equipment or machinery, or (d) a dilapidated building. 1. There is an accumulation of junk, rubbish, and refuse on the prop Y. These items include, but are not limited to, an old coffee table, two old end tables, a broker wood door, numerous wood pallets, a broken lawnmower, artificial Christmas tree, a broken toilet, sever a discarded al broken window screen inserts, a transport truck fairing, multiple tires, and scrap wood with rusted protruding nails. The aforen�eutioned accumulation of junk, rubbish, and refuse is unsightly, 2. The House is dilapndated The window frames and door frames on all house are peeling, weathered, and some sections are rotten. sides of the multiple There are also east, and broken � Widows on the House. The pressboard cladding on the south walls of the House are peeling. The wood shingles at the north west and north east walls of the House are weathered and broken. 3• The Garage is dilapidated. weathered The wooden shingle& on all sides of the Garage ass hered and broken. The the front is hanging. fascia on the Garage is deteriorated and a section at The Buildings and premise are unsightly. 144 Vacant and Unoccupied Subsection 190,01(1,1) of the Municipalities Act states: No person shall permit a building or structure owned or occupied by him or her to become a hazard to the safety o£ the public by reason of being vacant or unoccupied. The Buildings are a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: 1, Staff first became aware of the property's vacancy in June 2013 and began standard enforcement procedures. The House has not had power since October of 2012, and the water was shut off in Neighbours have reported the vacant September of 2013. The property is located in a quiet idential neighbourhood inithe City ,s North End and is in close ' of the property is deceased and staff has been Elizabeth advisa� at she passed The owner intestate. Letters have been sent to distant relatives of the deceased away describing the conditions of the eceased owner be found open however, the Buildings continue to oin during routine inspections and are considered to be abandoned. Buildings in dilapidated condition and left unsecured from public entry can attract vandalism, arson, or criminal activity. 2. The House has been found to be open during periodic inspections. There is currently one point of entry to the House; the door to the rear attached shed which has been found to be open since staff first began monitoring the Property in 2013. Staff has noted a second point of entry during routine inspections; a window that is located at the north east side of the front porch. This window is being held in place with three screws into the rotten wood window trim and can easily be removed to allow unrestricted access to the entire House 3. There is a higher risk of a fire event occurring at the property since it is known to the public that the Buildings are vacant and because they have been 1eft Open and abandoned. There is a concern for firefighter safety in the event of a fine. If firefighters suspect there may be people inside the House, it would be reasonable to expect they may be required to enter it. The condition of the interior is not known to firefighters which pose a hazard to their safety and others who may be inside in the event of a fire. An interior inspection of the House was conducted on January 7°i, 2015 and found a large amount of debris and junk items strewn throughout the House including, but not limited to, a Plastic container of flammable methyl alcohol, old furniture overturned to in the Huddle of hallways and rooms, plastic laundry hampers, rusted metal objects, scrap pieces of wood, old and rusted household appliances, broken dishes, several torn mattresses, several cardboard hazes, clothing items a rusted leaf , rake, a shovel, a mop, a raccoon carcass, and other loose garbage materials. These items are randomly scattered throughout the House and would restrict movement of emergency Panel should they need to gain entry. Additionally, the floors within the House are uneven and there are holes through the floor in the front porch area; these pose a tripping hazard and could result in injury. 4. Toohoolbush'b e contains two large piles of soap wood, wood pallets, and other atenals that am in contact with the House and Garage, These Piles of scrap wood and debris pose a tripping hazard to individuals or emergency Personnel and may be used to initiate a fire on the premise, These Piles of swap wood also contain rusty protruding nails; any person who enters onto the property may be at risk of being cut or injured. 145 S. The Garage is in close proximity to the neighbouring single family home located at 47 Parks Street Extension. The Garage has been found to be unsecured during routine inspections and continues to be found unsecured, The Garage can be accessed through the front doors and through a large Peamg in the wall at the westerly comer. Interior inspections have found many combustible items within the Garage including, but not limited to, old bench seats from vehicles, a mattress, a box spring mattress, empty gas containers, fabric and wood items. If a fire event were to wxvr within the Garage it could easily spread to the neighbouring single family home which could cause significant damage to the neighbouring building and would endanger the lives of its occupants Dilapidated Building Conditions Subsection 190-01(2) of the Municipalities Act states N or her o person shall permit a building or structure owned or occupied by him to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. The Buildings are a hazard to the following reasons; safety of the public by reason of dilapidation for the 1. The condition of the House is one of neglect and deterioration. The window and door frames on all sides of the house are deteriorated and rotten. Th wood shingles at the north west and north east walls of the House are e deteriorated, broken, no longer treated with paint, and contain organic growth. Many sections of soffit are no longer properly affixed to the House and are hanging. The fascia and soffit is missing in areas leaving the interior of the House exposed to the elements. 2. F nuther evidence of the House's dilapidation and continued degradation is the significant water damage which has occurred inside the House and is accelerating the degradation of the structure. Several walls one bowing and four at has fallen off the walls and ceilings due to water saturation. The floor at the second - storey of the house is covered by insulation and gyprock which has fallen off the walls and ceilings. Access to the second- storey of the House is restricted due to a large section of wood panelling and gypitick which has fallen off the wall and is resting on the handrail covering the stairs. wood d growth was found to be present on several walls and ceilings. The panelling ceiling of the front porch is bowing. 3. The attached rear shed is in very poor condition. The wood clapboards at the north west wall and the wood shingles at the south west wall are deteriorated, broken, no longer treated with paint, and contain organic growth. A section of fascia at the rear wall of the rear attached shed is in the rear shed has ce hanging. A section of roof Additionally, the Oapsed leaving the interior open to the elemeuts. plank sheathing on the roof is deteriorated and has been patched with untreated oriented strand board (4SB) indicating the roof system has not adequately restricted water from entering the attached rear shed for an extended accelerati periothe d of time. The large of amount of water inside the shed is ng deterioration of the House. 4, The Garage is dilapidated. The wooden shingles on the Garage are deteriorated, bro',en, no longer treated with openin paint, and contain organic growdL A large g has rotted through the walls at the westerly corner of the Garage. A section of fascia board at the front of the Garage has come loose and is hanging in front of the a doors. individuals attempting to rater theme This creates a hazard for Garage as it could fall and cause injury. 146 5. The roof of the Garage is in poor condition. There are multiple sections of asphalt roll roofing on the garage which is deteriorated and curling. There are numerous small openings through the roof. Additionally, the plank sheathing on the roof is deteriorated and there are multiple patches of untreated oriented strand board (OSB) indicating the roof system has not adequately restricted water from entering the Garage for an extended period of time. Structurally Unsound Building CondWous Subsection 190.01 (2) of the Municipalities Act states No person shall permit a building or structure owned or or her to become a hazard to the saf occupied so him dilapidation or unsoundness of structural strength. a public by reason of The Buildings are a hazard to the safety of the public by reason of structural unsoundness for the following reasons: 1. The roof of the House's attached rear shed is visibly deflecting at its mid -span thus indicating unP'oM structural support- This deflection in the roof system has likely been caused by deterioration as a result of the excessive water infiltration over an extended period of time. Additionally, several walls of the attached rear shed are out of plumb and the structure is leaning. Further evidence of the House's structural unsoundness is the foundation at the south west wall which is cracked and out of plumb. 2. Structural analysis of the Garage has not been conducted; however, upon visual inspection, there is evidence of a lardy of lateral support in the strucUue as the walls are out of plumb and the Garage is leaning, 147 Required Remedial Adler. The owner must comply with one of the two options stated below: open I: Remedy the conditions of the buildings through all repair and remedial actions as follows: 1. The House must be completely repaired so it may become occupied while mamtatmng minimum standards as described by the Saint John Minimum Property Standards By -law and the National Building Code of Canada (2014), 2. The Buildings must be maintained, kept secure, and monitored on a routine basis while the property remains vacant or unoccupied. I A detailed plan must be submitted to the Growth and Community Development Services Department of the City of saint John (the "Department,) for approval. The plan should also include a schedule review and for the work that to be curried out. The repaired Buildings must meet the National Building Code of Canada (2010) as well as other applicable codes. 4. The detailed plan, including schedules and any engineering reports, must be approved by the Department prior to commencing repair work. 5. A building permit must be obtained for any and all applicable work prior to commencing said work from the City of saint Join in order to comply e Saint John Building By -law, By -law Number C.P. 101 and amendments theca with the {the "Saint John Building By -taw"} 6. The premise must be cleared of all debris found on the property, including any and all rubbish that may be considered hazardous or unsightly. The debris from the premise must be disposed of at an approved solid waste disposal site, in accordance with all applicable by -laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was disposal of debris, must be provided to the D used for the with all applicable By -laws, Acts, Codes and R a Matto The premise must comply egalations. option 2: Demolition of the Buildings and cleanup of all debris on the premise by complying with all the remedial actions as follows: I. The Buildings must be demolished to remove the hazard to the safety of the Public by reason of dilapidation and by reason of being vacant or unoccupied. 2. A demolition permit must be obtained from the City of Saint John in order to comply with the Saint John Building By -law. 3. The premise must be cleared of the debris from the demolition and the lot must be made reasonably level with grade so as to not create a tripping All debris must be disposed of at an or falling hazard. accordance with all approved solid waste disposal site, and in applicable By -laws, Acts and Regulations. Documented Prooiy that clearly demonstrates an approved solid waste disposal site was used for the disposed of debris, must be provided to the Department. 4. All debris that is currently on the premise must be removed and disposed of at an approved solid waste disposed site, and in accordance with all applienbto By -laws, Acts and Regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal the Department, of debris, must be provided to 5• R e Arty must be in compliance with all applicable By -laws, Acts and UM Prepared by: �t avis, EIT �' Technical Services Officer Growth and Community Development Services Reviewed and concurred in by. � � r • lei s JORAIU� Amy Poff . En . MRMBA Date ��� c5 Building Inspector, Deputy Commissioner Growth and Community Development Services 149 53 Parks Street Extension, Saint John, N vv Brunswick PID# 00031310 150 Photo 1, 53 Parks Street Extension, Saint John, New Brunswick PID# 00031310 151 Photo 2 Interior of House (attached rear shed) 53 Parks Street Extension, Saint John, rlevv Brunswick PID ## 00031310 152 Photu 3 53 Parks Street Extension, Saint john, New Interior of House Brunswick PID# 00031310 photo 4 153 IiY Interior of House 53 Parks Street: Extension, Saint John, New Brunswick PID;# 00031310 154 Photo 5 Interior of House c 53 Parks Street Extension, Saint Jo.!n NL-w Brunswick PID# 00031310 155 Photo b 53 Parks Street Extension, Saint John, New Interior of House Brunswick PID# 00031;;10 Photo 156 53 Parks Street Extension, Saint John, New Brunswick PID-P 00031310 157 interior of Garage 53 Parks Street Extension, Saint John, New PtYunswick PID# 00031310 158 i "Oto 9 REPORT TO COMMON COUNCIL M &C2015 -85 May 5, 2015 His Worship Mayor Mel Norton And Members of Common Council Your Worship and Members of Council, SUBJECT: 2015 ASPHALT PAVEMENTS WORK ,h The City of Saint )ohn Purpose of Report: Asphalt maintenance, surface repairs and new road construction are primary concerns of citizens and a priority of Common Council. This report updates Council on asphalt pavements work and associated funding allocated for Saint John roadways in 2015. BACKGROUND The following funding allocations have been provided for maintenance and resurfacing of asphalt pavements, and under the Water and Sewerage Operating budget for utility cut reinstatements: Asphalt Material (General Fund) $ 750,000 Asphalt Resurfacing (General Fund) $2,165,000 Asphalt Resurfacing (Capital Fund) $1,250,000 Utility Cut Reinstatements (W &S Fund) $1,047,000 In addition, substantial internal resources (personnel and equipment) are programmed in the General Fund for in -house asphalt maintenance and repair crews. There will be full width asphalt reinstatement on some Capital Projects undertaken by SJ Water on Riverhill Drive, Russell Hill Road and Silvermount Crescent. ANALYSIS Longer -term preventative maintenance is multi- faceted and includes resurfacing, crack sealing, micro - surfacing and some local area patching; all with the goal of extending service life of roadways. Resurfacing using contractor resources is planned for 28 street sections (42.13 lane kilometres) as shown on Appendix A. Notable in relation to this work are the adjustment of over 662 roadway structures (e.g. catch basins, manholes) in conjunction with the actual asphalt resurfacing. 159 2015 Asphalt Pavements Work May 5, 2015 Report to Common Council, M &C 2015 -85 Page 2 Funding in the order of $804,168 has been provided for replacement of existing curb and sidewalk in conjunction with the Asphalt Resurfacing Program. Existing curb and sidewalk will be replaced on sections of Broadway Avenue, Craig Crescent, Greenhead Road, McCavour Drive, Simpson Drive and Varsity Street among others. Hot mix asphalt material is generally not available until mid -April each year. There are currently 172 sections of streets in the Reconstruction Category that can benefit from the Asphalt Overlay Program. General maintenance and repair work by City forces is planned for 17 street sections (16.4 lane kilometres) as shown in Appendix B, including Gault Road, McGill Road, Westfield Road and Morrison among others. Further inspection will be required to determine any potential negative drainage impacts for work to be completed on Morrison Road, Leaman Court, Clyde Street and Sproul Court. Driveway aprons may be required to increase in height to accommodate drainage. Very poor roadway structure (manholes, catch basins, etc.) condition may also preclude any street on this list from being completed in 2015 based on available resources. Any requirement for emergency or higher priority asphalt maintenance could result in some of these street sections not being completed as planned. Under various Capital Program categories, parts of the following streets will be given new asphalt surfaces through reconstruction in 2015: • Richmond Street (Waterloo Street to Prince Edward Street) • Waterloo Street (Castle Street to Richmond Street and Peters Street to Paddock Street) • Paddock Street (Waterloo Street to Civic #39 Paddock Street) • Belleview Avenue (Highland Road to Civic #72 Belleview Avenue) • Jean Street (Loch Lomond Road to Courtenay Avenue) The PCI in 2013 was 76.4 and 75.3 in 2014. This reduction in PCI despite sustainable asphalt funding was the result of a difficult winter. Other municipalities such as Halifax also experienced higher than normal asphalt distresses and damage. Based on funding allocated for 2015, the PCI is projected to be 76.2. Saint John Water will also be reinstating over 95 utility cuts resulting from water and/or sewer repairs undertaken during the winter season and an average of over 300 utility cuts each year, very much improving driveability on the street sections affected. 160 2015 Asphalt Pavements Work Report to Common Council, M &C 2015 -85 RECOMMENDATION It is recommended that Common Council receive and file this report. Respectfully submitted, Kevin Rice Deputy Commissioner, Transportation and Environment Services -O Wm. Edwards, . Eng. Commissioner, Transportation and Environment Services J. Patrick Woods, CGA City Manager 161 May 5, 2015 Page 3 APPENDIX A - 2015 Asphalt Resurfacing Program Street from to Lane kms Curb and/or Sidewalk Adelaide Street Main Street Victoria Street 0.62 Bedell Avenue Daniel Avenue Marlin Drive 1.50 Yes Broadway Avenue Rothesay Avenue Dead End 0.66 Yes Craig Crescent Varsity Street Varsity Street 0.73 Yes Crown Street Leinster Street Union Street 0.93 Deveber Terrace Bedell Avenue Dead End 0.43 Yes Glenburn Terrace River Hill Drive Dead End 0.18 Yes Green Head Road Civic # 425 Dominion Park Road 1.70 Yes Kennebecasis Drive 1 Somerville Ferry Landing Tucker Beach Seam 2.89 Kennebecasis Drive 2 Beach Crescent Beach Crescent 0.82 Yes Lansdowne Avenue Main Street Visart Street 2.35 Loch Lomond Road Airport Arterial Churchland Road 3.24 Main Street Chesley Drive Union Street 5.51 McCavour Drive Birch Street Manchester Avenue 1.87 Yes Milford Road Kin sville Road Civic # 214 1.17 Natalie Street Millid e Avenue Visart Street 0.33 Paradise Row Somerset Street Hil and Street 1.62 Portland Street Hil and Street Main Street 0.53 River Hill Drive Balmoral Crescent Silvermount Crescent 0.63 Yes Saint Coeur Court Manchester Avenue End 0.94 Schofield Court Bedell Avenue Bedell Avenue 0.22 Yes Simpson Drive Tim Street Glenn Road 1.85 Yes Somerset Street Paradise Row Barker Street 2.17 Starbust Lane Riverhill Drive Dead End 0.47 Yes University Avenue Woodhaven Drive Varsity Street 3.23 Varsity Street University Avenue End 0.79 Yes Westfield Road Gault Road Grenville Lane 3.59 Westminster Court I Daniel Avenue Dead End 1.16 Crack Sealing Various Locations including Chesley Drive Mill and Seal Area Patching Various Locations including Expansion Avenue and Fairville Boulevard SJ Water full width reinstatement Riverhill Drive Russell Hill Road Silvermount Crescent 162 APPENDIX B - 2015 Localized Asphalt Maintenance Program Street from to Lane kms Clyde Street City Road Dead End 0.16 Gault Road Civic #339 Bay Street 1.57 Greenhead Road Dominion Park Road Tippett Drive 1.38 Tippett Drive Greenhead Road Civic #607 0.50 Hawthorne Ext. /Arrow Walk Sandy Point Road Mount Pleasant Ave. 0.51 Leaman Court Loch Lomond Road Dead End 0.61 McGill Road Golden Grove Road Dolan Road 2.00 Morrison Road Norris Road Dead End 2.73 Princess Street Crown Street Wentworth Street 0.63 Queen Street West St. John Street Albert Street West 0.19 St. John Street Queen Street West Market Place Loo 0.34 Sproul Court Woodward Avenue Dead End 0.26 Wentworth Street Union Street Orange Street 0.22 Westfield Road Hi hfield Avenue Bridge before Civic #2940 1.30 Whipple Street Sea Street Fundy Drive 0.61 Downsview Drive Pipe Line Road West Civic #47 0.18 Latimore Lake Road Hickey Road Civic #140 3.24 163 REPORT TO COMMON COUNCIL M & C 2015 -87 April 30, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: The City of Saint John CONTRACT 2014 -17: WATERLOO STREET, RICHMOND STREET AND PADDOCK STREET — WATER, SANITARY AND STORM SEWER RENEWAL AND STREET RECONSTRUCTION BACKGROUND The approved 2015 General Fund and Water & Sewerage Utility Fund Capital Programs include project funding for the design and construction of Waterloo Street (Castle Street to Richmond Street), Waterloo Street (Paddock Street to Peters Street), Richmond Street (Waterloo Street to Prince Edward Street) and Paddock Street (Civic #39 to Waterloo Street). The work generally involves the renewal of the existing watermains and sanitary sewers, installation of new storm sewers for separation and road reconstruction consisting of new curbing, concrete sidewalk, new roadway granulars, asphalt paving and landscaping. TENDER RESULTS Tenders closed on April 29, 2015 with the following results, including HST: 1) Terraex Inc., Saint John $2,143,396.43 2) Fairville Construction Ltd., Saint John $2,283,381.96 3) Galbraith Construction Ltd., Saint John $2,291,537.17 4) Debly Enterprises Limited, Saint John $2,450,677.90 The Engineer's estimate for the work was $2,774,346.62, including HST. 164 M & C 2015 -87 April 30, 2015 Page 2 ANALYSIS The tenders were reviewed by staff and were found to be formal in all respects. The tender from Terraex Inc. contained an arithmetic error that required correction in accordance with specification article 2.11 s) (i). The corrected tender result is indicated above. Staff is of the opinion that the low tenderer has the necessary resources and ability to perform the work. Construction is expected to begin in May 2015 (dependent on the Contractor's schedule) and continue until the end of October 2015. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2015 General Fund and Water & Sewerage Utility Fund Capital Programs. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor, City forces and others. The analysis is as follows: Budget $2,718,000 Project Net Cost $2,111,100 Variance (Surplus) $ 606,900 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 -17: Waterloo Street, Richmond Street and Paddock Street — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction, be awarded to the low tenderer, Terraex Inc., at the tendered price of $2,143,396.43 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 165 M & C 2015 -87 April 30, 2015 Page 3 Respectfully submitted, Kevin O'Brien, P. Eng. Municipal Engineer Wm. Edwards, . ng. Commissioner Transportation and Environment 166 Brian Keenan, P. Eng. Engineering Manager J. Patrick Woods, CGA City Manager REPORT TO COMMON COUNCIL OPEN SESSION M &C2015 -082 April 24, 2015 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT Proposed Saint John Taxicab By -law : M & C 2015- 082 - 2 - April 24, 2015 The most notable reforms include: • Meters will be required to calculate fares in all taxicabs, • Standardized meter rates will be set by by -law, • Vehicle age of a taxicab is not to exceed seven (7) years (with the exception of certain disabled access taxicabs), • Driver training will be required to obtain a license, • Enhanced insurance coverage will be required, • Fines will be increased for by -law offences. Following the report and presentation from the Taxicab By -law Review Committee in December 2011, Common Council passed a set of resolutions that adopted the reform recommendations as outlined in the report and directed that all necessary steps be taken to draft a Taxicab By -law that reflects the adopted reforms. The relevant minutes and resolution is attached as Schedule `B ". ANALYSIS Since the reform recommendations were adopted by Common Council, a few issues had to be further researched and considered prior to and during the by -law drafting stage. The Committees were tasked with researching and recommending: • the technical requirements of the meters, • the setting of metered by -law rates, and • the curriculum and implementation of a driver training program. Staff was also directed to review the administration and enforcement requirements of the new by -law and advise Council of the resources required to administer and enforce the by -law; Council mandated that fees charged would support a cost - recovery program. Attached is a copy of the proposed Saint John Taxicab By -law for Council's review which has been prepared in accordance with the above -noted resolution and considerations. Technical Requirements of the Meters One of the outstanding tasks of the Advisory Committee (of which the Taxicab Inspector is a member) was to make a recommendation regarding the technical /operational requirement of the meters to be used, and the setting of a program to inspect and test the meters, so they are "tamper proof'. The Advisory Committee recommends use of the Centrodyne brand of meters, one of the leading meters used in Canada and the USA ( Centrodyne information attached as Schedule "C "). Centrodyne is a Canadian company; their meters are widely used, easy to operate and training for installation and operation is free of charge to purchasers. Many of Canada's major centres use the Centrodyne meter, including Toronto, Calgary, Montreal, Halifax, Winnipeg and Regina, just to name a few. The Centrodyne 5700 meter has been tested and approved by the Taxicab Inspector. M & C 2015- 082 - 3 - April 24, 2015 The Taxicab Inspector will calibrate and test the meters upon installation and annually at license renewal time; a seal will be installed on the meters, ensuring that it is tamper- proof. The taxicab owners will purchase and install the meters; cost to purchase is approximately $300. Installation should take no more than an hour; hourly costs would vary depending on whether or not the Taxicab company has their own mechanic (approximately $100). Setting of Metered By -law Rates The Advisory Committee reviewed metered rates in ten municipalities across Canada for the purposes of making a recommendation to the Review Committee about the metered rates that will be standardized in the by -law. The chart below shows the proposed rates for Saint John and the comparison rates from the other municipalities: City Drop Rate Drop Rate Initial Meters Distance Rate Per Meters Cost per KM Waiting Rate Halifax $3.20 0 $0.12 80 $1.69 $22.00 Ottawa $2.90 101 $0.15 95 $1.58 $23.48 Toronto $3.00 190 $0.25 170 $1.47 $29.03 Mississauga $3.25 170 $0.25 170 $1.47 $27.27 Windsor $2.95 105 $0.10 78 $1.28 $25.00 Winnipeg $3.30 79.65 $0.10 79.65 $1.26 $27.31 Regina $3.80 120 $0.10 70 $1.66 $30.00 Edmonton $3.60 135 $0.20 135 $1.33 $30.00 Calgary $3.00 150 $0.20 150 $1.33 $24.00 Vancouver $2.58 67 $0.10 67 $1.49 $26.65 SAINT JOHN PROPOSED $3.00 67 $0.11 67 51.64 $30.00 Explanation of charges: Initial charge (drop rate) $3.00 (for first 67 meters) (67 meters =1/24 mile) Distance rate (= $1.64 /km) $0.11 for each subsequent 67meters Waiting rate (= $30.00 /hr) $0.083 per 10 seconds whenever car speed is below 20KPH Other charges are below: • Additional passenger - $1.00 per person aged 6 and over. • Hourly rate - $50.00 Meter Off. By arrangement between passenger and driver • Airport Rate - Same metered rate • After hours/ holiday - no additional charges • Baggage handling - no additional charges The Review Committee is in agreement with the proposed rates as recommended by the Advisory Committee. 169 M & C 2015- 082 - 4 - April 24, 2015 Although the recommendation to move to a metered system met with very positive feedback from the stakeholders, there were concerns about how metered rates would compare to the current ad -hoc zone system, which is not consistent across the industry, nor is it required to be consistent under the current by -law. To compare the proposed metered rates to the current zone system, the Taxi Inspector travelled ten different routes to calculate the different charges under both systems. The results are shown below: Location (To and From) Meter Zone Nason Road to the Regional Hospital $22.00 $14.00 Duke Street Central to Regional Hospital $13.30 $8.00 Central to Airport $40.00 $28.00 ($30.00) McAllister Mall to Michael Crescent $5.00 $6.00 (contract) Reading Crescent to McAllister Mall $7.00 $6.00 Lakewood to McAllister Mall $9.50 $8.00 Central to McAllister Mall $11.00 $9.00 Central to Lancaster Mall $10.00 $8.00 Lower West to Lancaster Mall $7.50 $7.00 Lower West to Regional Hospital $14.20 $13.00 Zone rates have not been included in the Taxicab By -law since 2002. The taxicab companies currently set their own rates and update them when needed; a list of fares is provided to the Taxicab Inspector's office annually. Many taxicab companies have not changed their zone fares for many years, with only six companies changing fares in the last three or four years. Considering fares have not changed regularly for a number of years, it is reasonable, given the comparison chart above, that rates increase slightly to cover increased costs due to inflation, such as gas, insurance, vehicle maintenance, etc. Costs to the Taxicab companies will also increase with requirements in the new by -law for additional insurance, newer vehicles, and the purchase and installation of the meters. The Review Committee believes the marginal increase in fares is warranted and stresses the importance of reviewing metered rates on an annual basis. Curriculum and Implementation of a Driver Training Program The Advisory Committee identified training needs as: English proficiency, City navigation and points of interest, customer service and hospitality, disability awareness, defensive driving, and Taxicab By -law awareness. Training could be a combination of self - learning, classroom, online and in- vehicle training. The Advisory Committee found it challenging to set a curriculum for driver training considering available budget and resources to support the program are not known at this point. For instance, training could be offered in -house by the City or by outside agencies, or a combination of the two. Fees 170 M & C 2015- 082 - 5 - April 24, 2015 would depend on what level of in- house training is required and what internal resources may be required. The task of setting and implementing a driver training curriculum is a complicated issue when available resources are unknown. The Review Committee considered the Advisory Committee's concerns at its meeting in March 2015 and discussed the probability of additional resources /staffing being assigned to the driver training program. The Review Committee believes that a basic training program can be developed using external providers at little, if any, additional cost to the City, and has provided the Advisory Committee with that direction. Now that the Advisory Committee has been given clear direction, it can proceed with finalizing a recommendation and is expected to provide it in six months to one year's time. In the meantime, this outstanding item does not have to delay the by -law process. The proposed by -law can proceed and the driver training program can be included at a later date as an amendment to the by -law by way of a schedule addition. Administration/ Enforcement Requirements and Fees The cost to administer and enforce the Taxicab By -law at current service levels is presently operating at approximate cost - recovery with two staff resources assigned on a part-time basis only (one administrative assistant and one inspector). It is anticipated that with the adoption of the new by -law, the number of licenses could decrease somewhat (resulting in decreased revenue) and the level of staff resources required will increase. This means that in order to meet Council's expectation that administration and enforcement of the Taxicab By -law will be on a cost - recovery basis, the license fees should be increased slightly to account for the potential decrease in license numbers and increase in staff time required. It is noteworthy that fees have not changed since 2002 and 1997, yet costs to administer and enforce continue to increase; therefore, a nominal increase in fees is not unreasonable. The Review Committee recognizes that costs to the taxicab companies with implementation of the new Taxicab By -law will increase, particularly with the upfront cost to purchase and install the meter and any required fleet changes to meet the vehicle age requirement. Being cognizant of these additional costs, the Review Committee recommends that license and other by -law fees not increase at this time, to allow the taxicab industry time to adjust to the new by -law requirements. However, given that the impact of the new by -law requirements on the number of taxi licenses and the additional time required by the Taxi Inspector's office is unknown at this time, it is important that the fees are reviewed annually to be sure they are appropriately set to achieve cost recovery without overcharging the taxicab industry in the City. The Review Committee recommends that the license and other by -law fees are revisited in two years' time by the Advisory Committee and the Taxicab Inspector's office, and annually from that point onward. 171 M & C 2015- 082 - 6 - April 24, 2015 Transition and Implementation In terms of a reasonable transition period for implementation of meters and vehicle age, Council has already approved a transition period of one year after the By -law is adopted for the vehicle age limit to be complied with. Council also passed that no grandfathering for vehicles in service at the time the by -law is enacted would be accepted. For consistency and ease of administration, the Review Committee recommends that the same one year transition period also be put in place for the installation and use of the meters in all taxicabs. The by -law includes a transition date of May 31, 2016 for vehicle age limit and the installation and use of meters, in anticipation of Common Council enacting the new by -law before the end of May 2015. As mentioned previously, the Advisory Committee will be continuing its work on the driver training curriculum and bringing back its recommendations in the next six to twelve months. The proposed by -law has a placeholder ready for the driver training program; once considered and approved by Council, it can be included as a relatively straightforward amendment to the by -law. Council (and consequently the Nominating Committee) should be aware that upon 3rd reading of the new by -law, the terms of those currently on the Advisory Committee will come to an end by operation of subsection 16(1) of the new by -law and new Committee members will have to be appointed pursuant to subsection 16(2) thereof. The Review Committee would like to acknowledge the excellent work and effort of the Taxicab Advisory Committee for its dedication and commitment to improving the taxicab industry and advising the Review Committee throughout the by -law review process. RECOMMENDATION Based on the forgoing, the Review Committee makes the following recommendations to Common Council: 1. That Common Council give first and second reading to the attached Saint John Taxicab By -law; 2. That Common Council task the Taxicab Advisory Committee with making a recommendation to Common Council within one years' time regarding the curriculum and implementation of a basic taxicab driver training program that utilizes external providers at little, if any, additional cost to the City; 3. That Common Council task the Taxicab Advisory Committee with reviewing license fees and other Taxicab By -law fees in two years' time and annually from that point onward and making a recommendation to Common Council if any changes are recommended; 172 M & C 2015- 082 - 7 - April 24, 2015 4. That Common Council task the Taxicab Advisory Committee with reviewing metered rates annually and making a recommendation to Common Council if any changes are recommended. Respectfully submitted, Amy Poffenroth, P.Eng., MBA Taxicab By -law Review Committee Chairperson Patrick Woods, CGA City Manager Attachments 173 OPEN SESSION M &C2011 -292 November 30, 2011 His Worship Ivan Court And Members of Common Council Your Worship and Councillors: SUBJECT: Saint John Taxicab By -law Review kA City of Saint john BACKGROUND At the August 16, 2010 meeting of Common Council, the Taxicab Advisory Committee (the "Advisory Committee ") made a presentation outlining a number of concerns with the Saint John Taxi By -law (the `By- law "). For ease of reference, please find the Advisory Committee's presentation attached and marked as Schedule "A ". Following the Advisory Committee's presentation, Common Council passed the following resolution: RESOLVED that the submitted presentation with recommendations from the Taxicab Advisory Committee be referred to the City Manager, City Solicitor and Chief of Police for a report and recommendation. A Taxi By -law Review Committee (the "Review Committee ") was subsequently formed in October of 2010 under Terms of Reference established by the City Manager. The members of the Review Committee are: Amy Poffenroth (Chair), Councillor Bill Farren, Scott A. Brittain (City Solicitor's Office), Inspector Dave Parks (SJPF) and Sergeant Jeff Lafrance (SJPF). Though formally not members of the Review Committee, Lisa Mahaney (SJPF) and Gregory Maguire (Common Clerk's Office) were of assistance in advancing the work of the Review Committee. The Terms of Reference provided that the Review Committee was to review current issues /shortcomings with By -law provisions and Taxi Industry practices and to propose amendments to the By -Law to improve taxi operations in the City. -law Review Process The Review Committee has been meeting monthly over the past twelve months to study the By -law and identify solutions /improvements where needed, all with a 2724 M &C2011 — 292 -2. November 30, 2011 view to providing Common Council with a series of reform recommendations for the By -law. The Review Committee's first order of business was to gather information from the Advisory Committee and the Taxi Inspector (being Sergeant Jeff Lafrance) under the By -law to identify areas requiring solutions /improvements to the By- law. The primary concerns brought forward included: • Inconsistent and unfair taxi fares in the City's Taxi Industry; ® Too many taxicabs for the City's market to sustain, making it difficult for taxi drivers and companies to be profitable and having an adverse effect on the quality of the vehicles used in the City's Taxi Industry; o Tourist complaints (primarily from cruise ship passengers) about overcharging, poor knowledge on the part of drivers regarding points of interest and landmarks, etc.; • Taxicabs being used to facilitate illegal activities, taxi drivers not going through as rigorous a background check as may be desired to minimize illegal activities and afford greater protection to the public; • Taxicabs are in many instances too old, unsafe, deteriorated or otherwise in poor operating condition. The Advisory Committee also brought forward a concern about they lack of authority under the By -law and expressed an interest in playing a greater role in overseeing the City's Taxi Industry. The Review Committee, in its initial research, was provided a detailed opinion by the City Solicitor's Office respecting the legislative parameters for the By -law and the Advisory Committee under the Municipalities Act (the "Act "). In short, the source of the City's authority for regulating and licensing the owners and operators of taxicabs in the City is set out in the Act. Subsection 11 (1) of the Act authorizes municipalities to make by -laws for "regulating and licensing the owners and operators of taxicabs within the municipality, fixing a schedule of minimum fees, maximum fees or minimum and maximum fees to be charged by them and prescribing a schedule of license fees to be paid by them ". Section 112 of the Act further establishes that where a municipality enacts a by -law which establishes a licensing regime, it may prohibit the doing without a license of anything for which a license is required, prescribe license fees, prescribe terms and conditions, govern the issuance of licenses, provide for the renewal, suspension or revocation of licenses, and delegate an officer of the municipality to issue, renew, suspend or revoke licenses. After gaining an understanding of the legislative parameters for the By -law, the Review Committee's next step was to research taxi by -laws enacted in other municipalities with a view to gaining an understanding of best practices and industry norms. In the Maritimes, taxi by -laws in Fredericton and Moncton, New Brunswick and Halifax, Nova Scotia were studied. The Review Committee also 203 M &C2011— 292 - 3 - November 30, 2011 studied taxi by -laws in other Canadian municipalities that are similar in size to the City, including Kamloops, British Columbia, Lethbridge, Alberta and Thunder Bay, Waterloo and Sarnia, Ontario. A "snapshot" spreadsheet comparing key attributes of the taxi by -laws for the eight municipalities identified above is attached for Common Council's benefit and marked as Schedule `B ". Upon the completion of the Review Committee's initial research, it became evident that the issues could be broken down into two main reform objectives: 1. Public safety, and 2. Fair and reasonable rates. Public Safety includes the issues of criminal offences, driving records, driver training, taxicab requirements and insurance. Fair and Reasonable Rates addresses the method of charging passengers for taxicab services (meters versus zones) and standardizing rates. The Review Committee looked at each of these areas in considerable detail and developed a number of draft reform recommendations to be considered by stakeholders and ultimately, Common Council. Once the Review Committee developed draft reform recommendations, a series of consultation sessions were held with a wide range of stakeholders to obtain input and feedback so that such input and feedback could be considered prior to presenting final recommendations to Common Council. The Review Committee first met with the Advisory Committee, after which two main consultation sessions were held in late June of 2011 — one for a wide range of public bodies and organizations to provide a representative sampling of the users of taxicab services and the other to gather input and feedback from the City's Taxi Industry itself. A second consultation session was held for the public bodies and organizations because a number of parties who wanted to participate were unable to attend the first session. At each stakeholder consultation session, participants were asked to contribute ideas and suggestions on each of the proposed reform recommendations. For the stakeholder consultation sessions, attendees were invited based on affiliation with organizations representing tourism, trade and citizen groups. Invitees included Uptown Saint John, Hospitality Saint John, the Saint John Hotel Association, the Saint John Board of Trade, PULSE, Vibrant Communities, the Crescent Valley Resource Centre, Enterprise Saint John, ONE Change, UNBSJ, the Saint John Airport Authority, the Saint John Port Authority, and Fusion Saint John. Twenty-three (23) organizations were invited, with nine (9) organizations represented at the first session and three (3) at the second session, for an overall attendance rate of 52 percent. For the City's Taxi Industry consultation session, representatives from each taxi company were invited via random selection along with company owners to obtain 20746 M &C2011 — 292 -4- November 30, 2011 a representative sample of input and feedback from taxi operators and owners. Thirty -five (35) people were invited with nineteen (19) attending, for an overall attendance rate of 54 percent. All but two (2) taxi companies were represented. Common Council will appreciate that the large number of taxi operators and owners in the City necessitated a consultation process such as that ultimately arrived at by the Review Committee in order to ensure that the City's Taxi Industry consultation sessions were not so large and unwieldy that they would not be able to function in a way that would produce meaningful and useful input and feedback. A complete list of invitces and attendees is attached hereto and marked as Schedule "C ". By -law Reform Recommendations Based on the information collected from the Review Committee's research together with the consultations with the Advisory Committee, the Taxi Inspector and the stakeholder groups, the Review Committee identified two main objectives for reform: 1. Public Safety, and 2. Fair and Reasonable Rates The Public Safety objective is focused on five key issues to ensure citizens and visitors are provided safe and high quality taxicab service in the City: la Offences - disqualification and suspension of the issuance of taxi licenses for conviction of indictable and summary offences; lb Driving Record - experience and driving record requirements to obtain and maintain a taxi license; 1 c Training - taxi driver training requirements to obtain and maintain a taxi license; 1 d Taxicab Requirements - standards to ensure taxicabs are safe, well maintained, and in good overall condition; le Insurance - standards to ensure taxicabs are properly insured and that drivers and passengers are appropriately protected. The objective of Fair and Reasonable Rates is focused on two key areas to ensure rates are reasonable, consistent, and fair for the taxi drivers, taxi owners and passengers alike: 2a Fares — the method used to calculate fares, often broken down into meters or zones, or a combination of the two; 2b Standard Rates — the regulation of rates by By -law to ensure a level playing field, consistent and fair rates in the City's Taxi Industry. Each objective is summarized in the charts below, including current By -law provisions and the proposed reform recommendations, followed by a brief discussion of the feedback received during stakeholder sessions. 177 205 M &C2011 — 292 - 5 - November 30, 2011 BY -LAW REFORM RECOMMENDATION la PUBLIC SAFETY - OFFENCES Termination, suspension or disqualification for taxi licenses for certain offences Increased fines for violations of the By-law CURRENT BY -LAW PROPOSED BY -LAW REFORM Five (5) year suspension if convicted Five (5) year suspension if convicted of an indictable offence of an indictable offence* One (1) year suspension if convicted Two (2) year suspension if convicted of a summary offence or other offences of a summary offence or other offences as as per section 3 of the By -law per section 3 of the By -law Criminal background check only Criminal background check and a five (5) year clear background regarding vulnerable sectors No suspension/ termination/ If found to be operating without a valid disqualification for operating without a taxicab license and/or valid insurance, valid taxicab license or valid insurance immediate termination or suspension of taxicab license and /or immediate disqualification from being eligible for a taxicab license for a period of 2 years commencing on the date of discovery. Fines range from $75 4500, with a Increased fines for By -law offences from voluntary payment option of $75 $14042,100, with a voluntary payment option of $140 *There is no change proposed for the disqualification or suspension terms for indictable offences Participants from the City's Taxi Industry and the majority of the public participants were in favour of this reform recommendation. BY -LAW REFORM RECOMMENDATION lb PUBLIC SAFETY — DRIVING RECORD Requirement for driving experience Driving record in excellent standing CURRENT BY -LAW PROPOSED BY -LAW REFORM No minimum requirement for years of A minimum of two (2) years driving driving experience experience No driving history requirement A minimum of four (4) points on the driving abstract at all times 20768 M &C2011 — 292 -6- November 30, 2011 During the consultation sessions, there was agreement regarding experience requirements with very few exceptions; however, participants from the City's Taxi industry generally felt the minimum four point requirement was too high, while the public participants claimed that it was too low. The Review Committee believes that a minimum four point requirement at all times is reasonable in the interests of the public with a positive obligation being placed on taxicab drivers to report when they fall below the minimum four point requirement with accompanying severe penalties for failing to report. BY -LAW REFORM RECOMMENDATION le PUBLIC SAFETY - TRAINING Create training requirement to obtain and maintain a taxi license Curriculum to be developed by the Advisory Committee and approved by Common Council CURRENT BY -LAW PROPOSED BY -LAW REFORM No training required to obtain taxi Possible training topics include: license twelve (12) years • Geography and points of interest Taxicabs to have a minimum of four (4) doors, • Customer service skills with the exception of minivans — three (3) doors • English proficiency Taxicabs to be a minimum four (4) cylinder o Taxi By -law orientation vehicle 3 Proper installation of child car seats There was enthusiastic agreement regarding training from both the City's Taxi Industry and the public participants with suggestions on potential topics from both groups. It was also agreed that the Advisory Committee should propose the curriculum for mandatory training and possibly deliver the training program. BY -LAW REFORM RECOMMENDATION Id PUBLIC SAFETY — VEHICLE REQUIREMENTS Create a standard for taxicabs with vehicles not to exceed a certain age Create a standard for taxicabs for number of doors and cylinders CURRENT BY -LAW PROPOSED BY -LAW REFORM No vehicle age limit Taxicab age not to exceed seven (7) years Customized accessible taxicab age not to exceed twelve (12) years No minimum number of doors Taxicabs to have a minimum of four (4) doors, with the exception of minivans — three (3) doors No minimum number of Taxicabs to be a minimum four (4) cylinder cylinders vehicle 2077 M &C2011— 292 - 7 - November 30, 2011 The taxicab age recommendation produced a great deal of discussion. At the June 2011 stakeholder consultation sessions, the Review Committee had suggested a maximum taxicab age of six (6) years. While there was agreement across all consultation sessions that there should be a taxicab age restriction in the By -law, there was significant pushback from Industry on the proposed six (6) years. Based on the feedback in the consultation sessions, the Review Committee gave this issue further consideration. The Review Committee, based on its previous research and the consultation feedback, decided to recommend that the maximum taxicab age be set at seven (7) years. Approximately 75 percent of taxicabs in Saint John exceed seven years of age, which significantly contributes to the poor condition of the taxicabs (most of which are late model vehicles purchased at the end of their life cycle) and is, in the opinion of the Review Committee, a potential safety issue, especially when one considers the mileage that is put on a taxicab each year. The taxicab age requirement will contribute significantly to improving the quality of taxicab service offered to the public. A reasonable transition period will have to be put in place if this reform is implemented; the Review Committee recommends a transition period of one year after the By -law is adopted by Common Council for the vehicle age limit to be complied with. Moreover, the Review Committee recommends that there be no grandfathering for vehicles in service in the Taxi Industry at the time the new By -law is enacted. A graph depicting the age of all currently licensed taxicabs in the City is attached hereto and marked as Schedule "D ". Proposed Reform: Transition period of one year after the By -law is adopted by Common Council for the vehicle age limit to be complied with. There should be no grandfathering for vehicles in service in the Taxi Industry at the time the new By -law is enacted. BY -LAW REFORM RECOMMENDATION le PUBLIC SAFETY - INSURANCE Create a higher standard for taxicab insurance Create notification requirements for changes to insurance policy CURRENT BY -LAW PROPOSED BY -LAW REFORM Property damage and public liability Comprehensive motor vehicle insurance - minimum $1 million insurance - minimum $2 million No notification requirement for policy Letter from insurer to Taxi Inspector change required upon change to insurance policy No notification requirement for policy Insurance policy to require 30 days prior cancellation written notice to the Taxi Inspector before policy can be cancelled by an insurer. M M &C2011 — 292 -8. November 30, 2011 There was agreement from the stakeholders about the notification period for an insurance policy change. Concerns were raised by the City's Taxi Industry that the increase to $2 million for insurance coverage would be too costly and a few Taxi Industry stakeholders did not agree with the notification for cancellation. After the consultation sessions, the Review Committee carried out more research on this issue and found the increase in premiums for an increase to $2 million is relatively minimal (approximately five (5) to ten (10) percent higher than for coverage of $1 million). It should be noted that the Review Committee pursued this issue with the City's Insurance and Claims Officer who, following appropriate follow up, concluded that a transition in insurance requirements from $1 million to $2 million would result in an insurance increase of approximately $200 /year for a new driver and $100 /year for an experienced driver. Such a requirement is consistent with most commercial organizations. For example, school districts require $2 million and the City has $5 million coverage on City vehicles. The recommendation to require notification prior to cancelling insurance addresses a significant concern of the Taxi Inspector, based on past experience. In the past, some taxicab drivers have shown proof of insurance in order to obtain a taxi license only to cancel it shortly after successfully being issued a license. It is for this reason that the Review Committee has made the recommendations it has respecting insurance. BY -LAW REFORM RECOMMENDATION 2a FAIR AND REASONABLE RATES - FARES Requirement too erate with use of meters CURRENT BY -LAW PROPOSED BY -LAW REFORM No requirement for meters or zones. Meters will be required to be used in all City's Taxi Industry uses zones, self- taxicabs in the City, for use at all times. regulated. The reaction to the proposed implementation of meters was overwhelmingly favorable. The implementation of a metered system would be a significant improvement in the City's Taxi Industry. The Review Committee, as well as the stakeholders, view meters as a way for the fares to be equitable for taxi drivers, taxi owners and passengers as the charge is based on the time and distance travelled. With the current "unofficial" system of zones, it is very possible for a passenger to pay more to go a short distance if he or she travels across zones than he or she does to travel a much farther distance within a single zone. This system is unfair for all involved. Within the City's Taxi Industry, a metered system is seen as a way to level the playing field and to match the fare to the actual service delivered. The metered 181 209 M &C2011 — 292 - 9 - November 30, 2011 system also provides greater clarity than the existing system for charging for multiple stops and multiple passengers. From the public perspective, a metered system may make budgeting for those who depend on taxicabs for transportation more difficult at the onset, until fares as it relates to distance travelled is better understood_ Meters will decrease the cost for a typical trip for some and increase the cost for others. Overall, meters are seen as a means to provide greater clarity and transparency for passengers, and reduce the likelihood of passengers (particularly tourists) being overcharged. Meters are very commonplace in other jurisdictions, so it is viewed as a positive step, especially for tourists who are used to this system in other municipalities_ BY -LAW REFORM RECOMMENDATION 2b FAIR AND REASONABLE RATES — STANDARD RATES Implement standardized rates by By-law CURRENT BY -LAW PROPOSED BY -LAW REFORM Rates are not regulated in the by -law; taxi Standardized rate to be set by By -law industry sets their own rates Prior to the adoption of the new by- law, the Review Committee will be asked with studying and providing recommendations to Common Council regarding the setting of metered by -law rates (distance rate, passenger rate, and standing rate). Following the adoption of the new by -law, the Advisory Committee shall be tasked with studying and providing recommendations to Common Council regarding whether and how the metered by -law rates should be adj usted. There was consensus among both the public and Taxi Industry participants that rates should be standardized by By -law. The Act states that a municipality has the authority to "fix a schedule of minimum fees, maximum fees or minimum and maximum fees to be charged by them ". Accordingly, a By -law can include a range of rates or establish a single rate, which would be both the minimum and maximum rate. Taxi Industry participants made it clear that they would prefer one set rate, or a very small rate range to level the playing field among the Taxi Industry and prevent the repeated pattern that prevails under the current informal system whereby anything short of unanimity regarding a change amounts to a stalemate. The public participants suggested that the rates be more visible to the passengers when in the taxicab, with the rates posted on an official City notice. 182 210 M &C2011 — 292 10- November 30, 2011 During the stakeholder consultation sessions, participants were asked if there were other issues or concerns that had not been addressed in the reform recommendations. Many of the public participants had expressed concerns that are already covered in the current By -law, but may be perceived as not being enforced to their satisfaction. They also had provided ideas for By -law provisions that the Review Committee had not considered. For instance, they identified that there is no formal complaint process if patrons are not satisfied with the taxi service they received. They do not know where or to whom complaints should be made. The Review Committee supports the suggestion that a standardized complaint process be developed and implemented, including a City - mandated notice visibly posted in all taxicabs with information about the complaint process. Proposed Reform: That the Advisory Committee be directed, prior to the adoption of the new by -law, to develop an administrative procedure for the purpose of addressing service complaints from customers of the Taxi Industry. Another issue that was raised at all stakeholder consultation sessions was the issue of vehicles not licensed as taxicabs offering tours to cruise ship passengers. Both groups had concerns with this current arrangement. It is recommended that this be explicitly addressed in the By -law. Proposed Reform: That the By -law explicitly address the issue ot' vehicles not licensed as taxicabs offering tours. The participants from the City's Taxi Industry reiterated their concern that there are too many licensed taxicabs in the City and asked if this could be addressed. Their concern is that the Saint John market is saturated with taxicabs, making it difficult for drivers /owners to make a decent living because of fare undercutting, and "fly -by- night" taxi operators. This also contributes to the poor condition of the vehicles and poor quality service. One of the major problems identified is the presence of part-time drivers in the Taxi Industry who only work when times are good/profitable (i.e. peak need periods, such as Friday and Saturday night) and decide not to work when business is slow /less profitable (i.e. weekdays doing runs to grocery stores, etc.). There were lengthy discussions about this issue during Review Committee meetings and the stakeholder consultation sessions. Although some municipalities in other provinces limit the number of taxi licenses issued based on population, the Act does not give New Brunswick municipalities the authority to limit the number of taxi licenses in the City. The Review Committee believes that if the package of reform recommendations is approved, the quality of taxicabs and service delivery to the public will experience a corresponding improvement. On a further positive note, the package of reform recommendations, when presented to all stakeholders, was generally met with a high level of support (subject to a few modifications). It would appear 1- 21 1 M &C2011 — 292 • 11 - November 30, 2011 that the time is right to make significant improvements to the By -law — all stakeholders are ready for the changes necessary to greatly enhance this important service. Role of the Advisory Committee The Advisory Committee expressed concerns about their role and their lack of authority with respect to regulating the City's Taxi Industry. The Advisory Committee advised that it would like to see the creation of a "Taxi Authority" or "Taxi Commission ", with greater powers and responsibilities respecting the administration and enforcement of the Taxicab By -law. The City Solicitor's Office researched this issue to determine what, if any, authority could be delegated to the Advisory Committee. It was found that the Act does not contemplate or permit the delegation of Common Council's policy making powers to committees or commissions absent express legislative permission to do so. The commissions that do exist in the City and operate autonomously on a policy - making level are creatures of private legislation. In short, an authority or commission, as envisioned by the Advisory Committee, is not possible without private legislation or amendments to the Act. For a whole host of reasons, the Review Committee does not feel this would be either necessary or practical. The By -law states that the Advisory Committee "shall promote and encourage service to the public, professionalism, and the interests of the taxicab industry ". It further states that the "Committee may make recommendations to Common Council respecting: (a) license fees; (b) the role of the taxicab industry; (c) any problems in the taxicab industry; (d) possible changes to by -laws and other legislation relevant to the taxicab industry." Section 23(8) states "The Committee shall have no power to resolve or mediate in individual disputes within the taxicab industry". If the reform recommendations are approved and By -law amendments are made, the Review Committee would recommend an expanded role for the Advisory Committee. They would be tasked with advising on implementation of the new meter system (i.e. meter models, intervals of meter inspection and testing). The Review Committee also sees the Advisory Committee taking the lead role in sourcing the driver training curriculum and possibly administering the program. Since the meter rates will be regulated by By -law (if the recommendations of the Review Committee are approved), taxi drivers /owners will not be able to change rates on their own to respond to increased costs, rising gas prices, etc. Common Council will have to ensure rates are reviewed on a regular basis to ensure the City's Taxi Industry can appropriately and promptly respond to changing economic conditions. The Review Committee recommends that the Advisory Committee review the rate structure, at a minimum, on an annual basis and make recommendations to Common Council for any rate changes required. M &C2011 — 292 -12- November 30, 2011 The Review Committee recommends that the structure of the Advisory Committee be modified as well to ensure it is a group that focuses on and represents the interests of the Taxi Industry, the Public and the City. Currently, the By -law requires that the Advisory Committee consist of five (5) members appointed by Council - three (3) citizens who are not involved in the taxicab industry, one (1) taxicab driver, and one (1) taxicab owner. It is recommended that the Advisory Committee include the Taxi Inspector, one (1) Councillor, one (1) member of the Hospitality /Business Community, and one (1) less citizen. This structure should more adequately represent all the stakeholders and assist in keeping the Advisory Committee focused and actively involved. Proposed ?Reform: That the structure of the Advisory Committee consist o£ the Taxi Inspector, one (1) person who holds a valid taxicab license, one (1) person who holds a valid taxicab operator's license, one (1) Councillor, one (1) member of the Hospitality/Business Community and two (2) citizens, for a total of seven (7) members. By -law Administration and Enforcement During the By -law review and the stakeholder consultation sessions, concerns were raised about the level of By -law administration and enforcement with existing resources. There is one Taxi Inspector and one Administrative Assistant who administers the By -law. By -law administration is not their only task. The Taxi Inspector is also the Traffic Sergeant, and the Administrative Assistant is also responsible for the Patrol Services Division and the Traffic Division. Common Council will appreciate that initiatives on the part of Taxi Inspector to enforce the requirements of the By -law will require resource allocation from the City Solicitor's Office (i.e. for prosecutions and associated preliminary and preparatory work). It should be considered that By -law administration and enforcement, taking into consideration the demands on the Police Force and the City Solicitor's Office, should operate on a cost recovery model. License fee revenue should offset the costs of delivering the service of administration and undertaking enforcement of the many requirements under the Taxi By -law. The Review Committee recommends that a cost recovery model be considered, with taxicab license fees being set accordingly. Next Steps There are a number of next steps required to move the issue of reforming the By- law forward. First and foremost, Common Council needs to consider the recommendations of the Review Committee. If the reform recommendations are approved, Common Council will direct the City Solicitor's Office to draft the necessary By -law amendments. Concurrently, the Advisory Committee will be tasked with researching details of implementing a metered system, and a driver training curriculum and program; the Review Committee recommends that staff resources be assigned to assist the Advisory Committee on an as required basis. 21T3 M &C2011 — 292 - 13 - November 30, 2011 A cost recovery model for administration and enforcement of the By -law should be investigated by the Police Chief in collaboration with the City Solicitor, including the consideration of setting taxicab license fees in accordance with this model. Future Advice Common Council must appreciate that there may be and likely will be issues that arise during the drafting of a new By -law that will necessitate the City Solicitor's Office to seek policy advice, clarification or direction. Such advice would be required, for example, to address any ambiguities that are now latent but which may become apparent during the drafting process. Moreover, such advice would be required if there are gaps that need to be filled in order to produce a sound and comprehensive by -law for Common Council's consideration. As Common Council knows, it is not the role of the City Solicitor's Office to develop policy. Rather, it is the role of the City Solicitor's Office, in the context of by -law drafting, to translate stated policy direction into clear legislation while ensuring that the provisions of a by -law are based upon sound legal authority. In view of this consideration, it is the recommendation of the Review Committee that its mandate be extended by Common Council for the sole and discrete purpose of considering policy issues that may arise during the by -law drafting process and studying and making recommendations with respect to metered rates. Recommendations Based on the forgoing, the Review Committee makes the following recommendations to Common Council: 1. That the reform recommendations outlined in this report be adopted by Common Council; 2. That Common Council direct the City Solicitor to commence the process of revising the By -law in a manner that incorporates the reform recommendations outlined in this report; 3. That Common Council extend the mandate of the Review Committee for the sole and discrete purpose o£ (1) considering policy issues that may arise during the by -law drafting process, and (2) studying and making recommendations to Common Council regarding the setting of metered by -law rates (distance rate, passenger rate and standing rate) that will apply upon the enactment of the new By -law; 4. That the Advisory Committee be immediately tasked with studying and making recommendations to Common Council regarding: (1) the setting of the technical/operational requirements of the meters to be used in the Taxi Industry, and (2) the setting of a program to inspect and test the integrity of meters and to develop a system that renders meters "tamper proof'. Once the work of the Advisory Committee is carried out, 186 214 M &C2011 — 292 -14- November 30, 2011 Common Council will consider the resulting recommendations and direct the City Solicitor to incorporate, where necessary, the recommendations of the Advisory Committee into the By -law. That the Advisory Committee be immediately tasked with studying and making a recommendation to Common Council regarding the curriculum and implementation of taxicab driver training program. Once the work of the Advisory Committee is carried out, Common Council will consider the resulting recommendations and direct the City Solicitor to incorporate, where necessary, the recommendations of the Advisory Committee into the By -law. 6. That the City Manager, Common Clerk, City Solicitor and Chief of Police be directed to provide staff resources, as required, to assist the Advisory Committee in the discharge of its responsibilities under paragraph 4 and 5 above, 7. That the Chief of Police and the City Solicitor to be directed to review the administration and enforcement requirements under the By -law and advise Common Council of the resources required to properly carry out these functions. The purpose of this exercise will be to ensure that the license fees charged under the By -law will achieve cost recovery for administration and enforcement. Respectfully Submitted, Amy Poffenroth, P Eng, MBA Taxi By -law Review Committee Chairperson On behalf of the Taxi By -law Review Committee Patrick Woods, CGA City Manager Attachments 21%7 'Q,chedule "A" Saint John Taxi* Is Advisory Committee ':� )arlt 2010 1821q§ Introduction Don LeBlanc., Chair v memt.")ie,r, general public Christine Satimure, Secretary mt-)mber, genera-1 PUblic Ronald Meunier, Mc) longer avaNable v m be emr, generai public Gary, WO►H's ton, company owner Diamonfj'fC-,'o-as'.---a,! Tam' Mac Tio,, pia s, private owner/operator Simonds Taxi Sgt. Jeffrey LaF rare ce, Taxi Inspector Exofficio se-7 a t U'sa PAahaney, Admlinisfrative Assistant- to. the Taxi Inspector, 183�q The Taxi Advisory Comi-nittee was fortaied August 2007 by IaSt COUncil, alf1d ri-tembers.- may serve biiio Consecutive two. year terrns. Prior to 2007, a different -taxi' advisury com.niittee exis-ced including the fbrmer Geirleral Manager of the Saint John Airport, the General Manager of the Hilton.. Hotel, one lawyer, (Pau-I Cherry, ), and several riser Tibers from the Saint John Taxi InduuStrv. However, rnost members resigned then-iselves from this iD.omari-ittee in frustration over a perceived lack of support --'I Z"� from 'Cify tc�.,ouncil and legai staff of that day, 1841TR Committee Priorities to review the cut tant status of'. the Saint Jolt -iri Tajxl Industry to interview fl;ie (.-.,�ommittee. 1-nembers Irl order to determine their cause of disengagement to meet wi&,i rna' stakeholders (company jor indiustry %,.. stand owners-'), private operators., and drivers t re Tai o vie w By--Law M-12 he SaWl Johi x and to rev.j..-ew sevt-;-�,,ral taxi by-laws from - ---,s Canada ,n.u�'n1c1 Pa1ifies acruslb 18� q 6 BY-Law, various Committee E-w"-. ..-.,Jagement �11 ks well as engag' i i ng tl-ie taxndusb-,■ A , the j 1 01 _V in dialogue o rr Y �,, rl r imi' - twee met with Mayor Ivan C-o(.vil. uceJlc Cl-.wis Titus,, and the Transportation Fort'infrl wifth Board of Trade seeking input atr-ld guidance. 149� Current Status of the _:`axis. Industry J! Other than By-Law M-12, 1,11AUSt'ry has no cohesive practi'c;;,--,a in place. the Taxi By-,'_aw, fl,"ie taxi or mini(mulm standard of The (ndt)-istry is compfete�,y voild, oil any M.gUlat0l"V body to ro v, e i, " ss- ee/manage �f� h i s I a rg e, puNic transportation, sector. TI,7ie industry is completely entrepreneurini,' in nature and is divided into vested int&Z.,.,Vests. 187194 Overview The current taxi by-law to address industry n -y be Fz- i e.,,- sexuai and violent offenders, rinzi sta,ndards, granted a taxi ficemse. M. =1 � Th,,-,,re- are no provisions in r,-*),,ce o-,r the, (,Mlinina of 11 %-# ii,censed taxi drivers. 189)yj T6['h ej Taxi Advisory Committee has NO authority under the present Taxi By-Law to adjudicate. the decisions of the Taxi Inspeector., ro%ther than to review the Taxi lt-,- spector's interpretation of the by-law. 190 -y Conirn'ttee has NO aUthority to The T'C-IAi Adviisoi. Pudic-atc,'n- nei"her cin behalf of the general pui-�ific n 0 t Ity cc�i-.qqndl, ,11 behalf on c', ,r,ecomm(--.ndc-_ tions. 19115 other than to make The pcci&'tion of Tax.,, Inspector is dIabot..jv- inter siv,-1'_",,.,. The Taxi. bnspector also serves as Traffic Sergeant; the two are full-time position-E-3, on their" own. 192�98 ltecomrnendatioixs 1. That a more pro-active approach be taken by cou.ncil, and cif* -y staff. Arld, that an attitude of responsibility and safety be �;ni,,.!Ibated for both the sake of the genen--A public and those ernployed within the Saint John Taxi Industrv. 193199 2. That :F),, stable regu,�'atoir,,,,/ body be re-pica,cing -E,ne. Taxi, Adviscry Compnittee. 194 Z9g e s ta b I is� f-� 3. That a nenAt Taxi Authordt%f's mandate would be,.-, ,0 to 'iiaion with the general public, the taxi industry and Taxi Inspector to facilit-ate necessarNj change,--,,. to the exisfing By- Law M-12,1 the Taxi By--Law 1.95H6 4. That a TaxI Aulhonlv be comprised- of: 0 11, t e y 7 counctior One rnember kA fl* Le al ta SL -ff Tatxl Inspector Appointments One company stand owner One licensed 'taxi driver 0,ine own edopt-�4 ratu r One representative firorn the. 'Mansport3_21tion For urn, Br-,,.ard of Traide . I-.) Ai rpo One rep-resentaIIJAve, firi,�)nri fine Saint Joh .1 One represtentat.ive fro 1, the hospit'ality sefclte,-1r One arbillb-ary member fir-om the general pulbl"ic wilth an appropriate-. skill-set C:onclusian 'he it of Saint John is geographically !,,An�jique,. By--Law M-12, c A.f--.Andard at tran�s-�'Portation demands of b e;pi publK I. the Taxi which C- service oth the t, and does, not rneet the vi able and safe PUblic an effectively manage the xi industry; and.J the genenAral 197JR Quest ,Hons? , 1949 PURMSAFM SAINTIOHNICURRENT1 SAINTIOFW(PROPOSED) FREDERICTON MONCTON RAW" MHRR1UGE %AMIOOPS THUNDEROM Syears itcwvkted of lndlttable IntlldablenRenses Syrs jsummary corwk[bm 2yrs; Crbnkw Syrs kMkbble,6 month: summary comidion ien(Sye 5y[,�r lndlttabi, /6Mw1M1S Wmm�ry. offence,[mffkklnE OrpxsusinE, badeg round /vubwrablasndars chock pew to esuame; CwRkwed 6MIda6k/dangeew. offender under part % %IVd pmylws drNing nwrdar�d linma liquor wd'ab ^s/mstdttbns /orders aPOlYro Carrylrlg ark Wta %I drver the Utminal cotle. suspended bV tlerlt for olfenn ziepensiun furhfe if cnar;ed Wah aKreamn n o[ Algible for llceme ffsummary corwlttbn - respomibtlinrs unyy liyuw[owoi Adjcanlmlled Dry and offerce. Ta%i ranhaitq makes foul dedsiw -nal Ldm6nal eundud /Offences Subslawe M(foad and 0rugacl /Cnmi�al Code of ,anode based on drivers alatmd. N/A N/A rode, loud and drug ad, narcMk convolstt fn past3yoars A, defined ro Part 5 Of Criminal Code AnY Pe+swwnvlcwtl pf akewe antler sMians 151,152, 153 and 1I2 bclusived m,said Criminal I fMISIble Torb,e ifcwvldMofan sexual pffeMea Curiedcanada indktable 1fh In part 3 years Liquor CUntrd Ad(boo"Ceging- SAM). COSA: Prts on forth, Syrs CDSA/FDA Trans 9/P /Fro /P 6 months as abwe Drug allancea purpose mary convktbn lyear ifcwWtted - summary ExdseTaaAd (tobarco);Mmedlne2Yrsuspemlw ticaught w.a 5years sec 132 Liquor Control Ad. sabove w, offence urWer CDSq, leono /ircunnca; byte -off ...4vdndo a9.1 =fore of eigiMe fm Ilume if wmided of oRence re Other offences FDAC. LCA -NB safeeperatiw uftaxiin pasta years Iyear- drrverslkerue rawegedn abstract - be submMM annually; min 4 Prints mqulrednarry gwen u,eadek rer%xnt[zyeana.audex[a[um[. ,mpm and nn nlwtn d tknq reverse onus tpadviw -riper[ in wri4ngwimpedw uPw P.,nnda Mhmnga[tewa Ad. Ialw - p fty tw n. nmltVlnR d aditw 1yr. ..eligiblefor k­. H driver has9armpn Driving R.—M N/A WA d,merk prints o n dit" record 7 .(wh -kh. aaesaibM -hid. 12,a ), 4door; 4ybnder 5years K 40wr,4Cylm W,14peopk, gyrseld.0oasnn appyw vehkla rnrofk[ed Tw minivan n. mprethan9 passmRers wnedchWrarttss {l2 year max} veFkie mwt W 4 gland be posed by the rid man than] years prior w currant year AND Age f—hk­ /Mileage Taal AUth my WA N/A montlun 600,000 km on odometer Documents read driver ahstnct/r ,d merdai lnsurarrre 2 mElbn w/ CGL letter from insurer wkh proof of lmur -ca 2 milFon, valid 1,,tn[ion and regnbM: driving.ecwdahrtrad frwn Reg6uard inFUranre raquirament that imurwsabmi[s 30 da %w notice pdw Impedlw(Impettlan a ,,6 momhs.� Metro Ve6kkss6owinE apolrant bar not lost n-1&9Insurance; Ik,nce; waftaVr ; Wpt,bn; must he mer a[ hen {fit palms In N2)mon[M Ymmedlatay rut have -Teri^ dd,V, Ilc,meand b, over 19 and min 2 Vrs dr ge MAence, auWingaPPllwrbn I.000,000 bbUy rovemg, N/A N/A agedl9 CLtANIINLSI J PROFLSSIONAHSM N/A WA a ac fr•dar'¢on ryoarcumuhtl^n: Food, wrappers, ­f., clean candHIp no...1ation In passenger a^ n Vahule Chanlinus cleawt[a buKS. uhu. okes rce /yrAND mai— c[ k+Y to b, k[qt u.x•a4,w, InsuhinC Orobuone use abualva/pbsnna hnguaga use ahrsive, insukl- wobsrene language mention driers must pass englks language Ruency Behaviour language test, mmt wt use abusive language e as exk-g neat aml dean in appew - DdverdeanHness be mat,elaan and wudeous n and clean In a pp-... and doss shirt- h colter, brig dress pants, Bas exrstmg No sleawekss shims, c,NMng wkh patches,- lWrt hie length trouser /dross shat, d,N must wear shin. —t sNrt, ankle D""Code- Mal,/Tt Aa shoes and soctr adw irig loges or slo%am sorts /apmwriatn /oalwcar length pants or knee length shorts SrrmNng(a .k In Ad) Praumcialad No Cell phones /dinrattlom (Att wming) ombg Act NDMRER0FCAB5 /DRIVFA9 WA leave uptamdtbn orveMtles based on neker requlmmema approx 300 -hid. Numberthm 51 market can handle Ymrted nwnbu.610 no aulhorily for than cep - intomced[hey are rest allowed- ui Medallion System caps pvr prwindal act w armhorky fro the rw op Max. nwnbsr rTasi YChick I ce a 1 p,F Prnpombnal numM1er of Ilrens,s 1,500 rosidanu quonsystem- —1 /c^rpnt #fin ran M1ave &—p. n than 6096 dotal tads permkrad wTSx1 YcMde liuewc minlnR "deMmN, drNlnp wurs,yl Dta,rminedtralnbE won't ba MwttakrtniningrourseapprwedbybV -law aKerrd urientafion sessbn. operaturwho addrenadmthh prowls. Perhaps Advrtoryfommn[ee roil take on dilce, albws us, dca6tounik,ncM drNer wdwstanding af,treets/lwnlwsas wells buslnms kerue required -no bminess license other thk role natl,wI standards tes[fwtad4/Ilmw restrktbm on numbers re4uked -rw TaW Whkk L¢,m,grrna asslgtgd to owm.•r(s} IrMIIgWe Mr owners kswce -rtwo years resblttbm w FAH[5 Zoneswrsw m.ws- nesters Wd—.d. Far discussion with N:. ersfn pbce. NO membnro bylaw, es L,: ai vs. MctC•rs as pty tan r,s Meters stakeM1dders dadmouth /tot} IoM -law Meters- fwesmper bWaw es set In by-law, amend by -law yeady percommkl— set by stands M.em inspenad/rutedffimwlad by Tnu ;(rx�s determined by tau meanies mmendnion Pike Chmf mm_dV 6mt10 GRAN O FATH ERl- / TRAN -ION f.0V11IN4NCF independwtjudkfal r-lew k lire-IV avewe forappeal yesnpnttbybyhwaifia,Palice submntadw yas,pma sers ,fCayc cl Mumcgrel Ad permks lhanring porous ro be Advisory wmm.ag with no ar hwgy ­Pa Uwcommi0ee Uty COUnoi hwrs aPpwk d license assigned by the council to the Board— bwrd Appeal Process Ioo .,&d,n'sions W through taxi board related, revoked, suspende4 makes aO Mal de ld nolmkdldlw m,nhan Ilcena Impectorforvarbm buslriess Taxi Stand —fd? litotes Whn wnstgutn a raA comparry7 mention be Included wdl be operatirry Corm ataMcabswndlacat,d : na mealon w[M1avna bwinaas addresaaM phone TaxfDMert RCemeissuee for3yaarterm. Taal Taxi cab husinest ilrxmse n, wFrrh k rwrmlrneA �mAer AvJaw nurtrber $SD /year Yuhku Ltvnsa nnawad annually HowJwMn ran we keaze gcames In prop brbyaaw amentlmemt tsarina t u may he adjusted dependng w resnume regdmments Spedal Ik_ - I week m. $5 ,per n wAhwt a linen® - $250 penaky w WATLALOO,ONTAMO SAPNIA,OlMwo Sublrcr to the Asuedon efthe Pog, -W, any a'unlnd ofhnmshallse w— barrier needtndhdosecdminal record br weryrdmlrral offence that ha not been pardon.dor giren ru.[othaissuanc.ofakh.rof dearanov. Merewer,awstiMnalmw&tlan mret Ee reported tothe Clerk wghinb days of such cowlaion. tothe lswameof alkenre. TM1etaro crttedafwlM Pogce CAldhhowddlM1ecdmhnl °Dente is antl wM1etherainvoNedvideme. SUmma'A..es aretansiaered "tlr� m'aD.v2year,a "d mdrttablc aOCw.es after mes�dered "innlswant aber5 Saa sbwe sa. A- 5te above e abwa eeabove - above Ta.l Ik—. Is suspended fnr up fo 3D days upon commAting arty offenrP snider the °liquor thence Act, t he H4hl yA (for moving vblatlons }and the CompulmryAUMmoblle lgsarorrce ASG Tavi ticensc is wsl>endedforuptofi0 days upon convidbn under the Cr m 1 11 Code d Canada for arty crimeimmlving violence, rubbery, drug usage w dumb —. Asy yehide that 1110 yearsoM w oWCr shall be sublea to th. requirement that Or. resuhs Ted's meet only hours a vagd "(, migcate of Mechwdtaf Fbness" ofasafmpimpattbnba prwidad rotha Clark in January and mly of tUCh y ear, Newer vahldes aresubJect toyeadylnspettlon grokars DCms.- requires the artkles of irteprpontipn, all currentdwumerds sh°wlry the Proof of regi sicced ownership, certificate etimurame[$l mdlbn minlmumi regbmmd buslnrcs name, Wll names and rites of binhofag off-. and drecturs ufthe whichs Al—. b. umag.d bytlw imurw.bwrrt the coryomtmn, coninmation of past suspension or rwceaUOm gMl of 3a days priw wrA— to the Police Chief, Tata's must b. "in clan cordition and In good copal/'. Must be dean and in g.W repair. Np mention No mom an No mention N. n en bn No mention No —M— No amakI, k..d. No mention No mamian No mention No Ilmas on the nurrlher of lad ktemes iswed. OneTaal Owner's license per ],650 residents. The balder otaTavlOwner's NOxme wTad Drhrer's NCenc . mey, httwavar. °aurnndar the No mention licam.s to th. Uerk and the Clerk may to a person designated by No memlan Onlyene TaaiOwmv's livens. may issw fwevety I ,650 fesidents of We munldpallly The Tm Owtmrs License may betnmferred between -Ndas as they are repbwd. 11 faays hwa metros, the mica for whk h am set etrt In Srh.dul. °A' A®Tmd's have meters, the: rata far which era sat putin SchedWd 'g' N/A N/A Na merdlon A to be some aI IA to liunsas ale throw h the Clerk ratherthan dlmctl ppcars y pass ng g y. Pdwtosmpanding/rwoking Ilmme, hearing held bafw. Lk.ming and ll t dCummatee in Perim Chief has wnsidemble discret ion. D.nsiem appealedte Pefice SerVlaes mordarswwghtM StaNrary POwrrs ProsWurrACt. Committneshal[aNenc�adng R-M, OedslamMPollen SCrvim Baird may be fitrthttappeaNdtomunl�al r, make reremmendmlons totnemunlcloal mumd. mlundertheR WWw POwni Proadurr Ad No mention See ahwedescriptlan Saa abwa dascnp0un No men[kat Yes, sea above dascdptlons e(gcvvices No memfon w TAXI BYLAW REVIEW COMPARISON SHEET Schedule "B" LOGATON ISM IMINICURPFNTI YJN I JOHN (PROlO ED1 1REOERICIOil IMOWTON reMLOOpa. NilnSH [OWMBIA 6ARNIA.fxirTMIO 1. PUBLIC SAFETY 2 yews summeryconvitionl5 yearn imm�abla /dangerous otwider underpart XXIV of the Need to diselose mirrinal record for Crin ml Code. Suspended by every criminal .Rene That has not Clerk for oMnneeuOd., Uqum 5 year hobetablvJ6 Months Summary. been pardoned or gwen rise to the Subject to the dis lfnn of the Pnlrce Chief, any Indid WM offenses 5 yrs f summary Control Acb Contr.[Wd Dings pr <vious driving record and Manse Not -1 g lei, Tm license tf summary I— — of a letter .1 d­­. murinal offence shall smve as a bander to the 5 years it con.ded of On .bmrs 2 yes; Cdr roil backgr ... d and Substances Act IFOOd OrM susmOslon for Me if hargcd with a oobukto n - criminal cad,:, Inert Mmeovm, any oirrinal canvichan "wee of a licence. Summary offences are indictable offence, lralheNng !vulnerable serums check prim 1. 5 yes indid,bl,.6 months Omg Ad IC6.i.W Cade of fireams.ffence. Taxi..Mm y makes and drug —c mrrartic conb.1 act must be reported to the Clerkvnthn 6 c adored °rtelevanY' each 2 years and intfichible 1A 08encec Or pw-e< marry ca wction Canada finold .... n based on drivers abstract. NIA Criminal ­d drackrequeed. m past 3 yea. days of such mmicton oteixes after .w.,ed'i— es,iibt after 5 years. Tan license is suspended Ior up W 30 days upon mmdfing any off — under the 7A —Lk.A Ad, the HghtmyACt (tor moving viohit.ns) and Me Compulsory Ant.m.bite(nsruonce Ad. Taxi —.led - Any person mi-d" of offence Ikxnse Is suspended tar up W 60 days upon =0 ary mndctimi. of — 5yrs CDSAlFDA ..do, -.11.- 151. 152.153 Not efigbte. for ficernse Rcarnweted vicli- under the C.—Ol Code of Canada for under CDSA. FDAC, LCA- T(ahcWng1R`FmrP 6 rtwnths and 172.ndu.. of the said of an Indictable of ice in post any crime involving violence, rubbery, dntg usage NB —my emiyiotion CdninW Code of Cmlad. yews or efshlbution Inehil,ble for license 2 yes¢ is 5 years sec 132 Liquor rassc d offence under for m4al Co.," Act gfepcas Procedure AcL : —drate, 2 yr suspension d caught woo teen- Ansumnce; bylaw offs— (vehicle age) = fine Abstract to be submitted annrralN. min 4 point. r<quietl at any tire. time; reverse Driving absb —tto be submitted. Must MiNmum4 poinh, (al which point trey wars to advise- report in writingW Carrot lose more than 6 points .Main a doss 4 N ficense(rhaWfe.r go in hunt of acommi8e. wino derides inspector upon corwidmi - penally fm Obt within a 12 mon01 period. Most frsaree} Mud have a criminal record Not elf ole for license if drover has whether to suspend or put rte noWrg of additional 1 yr. Driver must obtain act-1, 2, or 4 drivers checY as wet - .vulnerable —,it Has to get achati feurs permit 9 or nave dementpoln(s on probagon). Musf have 2 years driving 1B"in Record have Mn .2 n &win MustsubWtdrlving ebsanct bee— peek. WA through the RCMP_ divin record. eorperience. Must eorhple4c rgild, p,.fld racy tit antl write 4 arms (understendmg 01 M eebuleralbas es wen as netle standards test 1v taxrerl'O ).When Must complet< a'Superl cnmpetedw 11 rerc9ve a tampm ry .se eM,, through the erp,FL Most have proot or englich education. A few hour Tong seminars (min Notraimng. If a cab company, raceme. Has a year re corn Kl the m through he B.0 Juetce .r have cwrp,10ed a course for Tranirg to be required to obcahi taxicab trough the by4aw)_ No IormW wants to, they con do their Own se (600 houm), which is tfeough Institute. The course ensures they First lime ddveis nmrst complete a english as a snemel labW age and Ilcervse_ Adv isory Cemmitaa to sonme m. Approved by the by-law training program with nrew Tourism N. S. Own cen apply rte taxi are kind, courteous, and overall street lest Ohm than that, it is left have a snare of 6 m nigher. No other 1C Training NIA - uriculurn. oficer. d__ XrYrse. WA have good behawour. up to the indmduol companies trainng Wsldes that No Naming. Anyv hcle hates 10 you ldm older shall be subject to the requirement twat the resift¢ of .safety Maximum 5 yea. eW. 4 DO.r, inspection be provided t. the Clerk n 4 Cylinder Must hold 4 people. Maximum 8 Vrs OM. Does not 60% of the vehicles mu¢t be 7 Not more than 7 years prior to January and July Of each year. Newe r 7 y. (wheelrhrdr aocessbie vehicle 12 MlnNan ha[ more thn 9 apply to vehlde retrofitted for Vehice roust be 4 -A and be passed by years or younger By 2013 it will current year AND no name than vehicles are subject to yearly Twr7s must oNy have o veld "Certificate of 1 D Whirl. R metHa NIA years); 4 dote, 4 g4inder passengais whe.l h.i, access (12 year max) he Taxi Aumonty WA be 100%. 6D0,0DO an on odomebm inspection. Mechanical Fitness" The insurer a hall providefiffeen (15) days, M . notice to me CammeraW msurarc2 mmon w CGL Pollee Chief fo the wend of any Certificate of insurance ($1 minion minlmum)whieh pro ppecw age an publlc ..m,ty msurence m letter from insurer with reyukement that wbrtyC 30 day wnten nonce pnw Pfoot of lnsurance $2 million Insureedd or irrsiwre, Fall be me provide insurance. an ahence, shall contan a dense Met rtce d be ran -lim! by the insurer absent the giving of 3O days prior 1E Insurance M. arruunl of $1 ill., to mincelgng msurance; .r changing policy co Wage MNlmum $1 Q00 000 $1,000,000 Itabil cage WA Not enforced in bylaw 52 million covaraga. vAgtento the Police Chief. 2. FARES AND STANDARD RATES A combMatlan of motets end zones Zones as detenuned by tali Motors are in places. No 0"" (i.e.: zones for Hart -vs. Darlmonrth. 2A FARES oompanies Melero, syste. to be required No meters in bylaw. aOpwtel) Meters as per tm f.f fares cchedute in by -Ian Metered system Metered system Metued s�a3em Metered ¢yst m $3 mi ial, up [054 metr—, 12 cads 80 $3.7O fm the Not 11 km: 26 for each add b.—I IM en: $280 1.1.1 fare; $185 pedlm,. $4 for first lrAkm; .Ia for each $2.70 initial fare, $1.70 pe A" Trips In the ohy, w within 5 tarok; $3.05 initial tare metres. 822 pedhr waiting tme; 50 62 for such minW of wailing ume(.bdudbq w stop $3925 par hour of wailing lime_ adchbonal 11261on'$49per hour $29.50 per hourwaitinq. A pryer ($3.11 for senimst.215 for each 1110hl;$14.92 each additional passenger. Hourly lights); $5 W W any older when its r oIed upon of wartin9 time; .10 far each may turn on lismer tan -cab meter perthr wading. S27.17AN, of non m.tared wailing driving rates arrwiged beMeen ddrm- rr sat 8.9. and luggage ere hen of charge, m wag os sumessive 8 aeronds in the prime me passenger has axupicd fcllowig hcumso Nom time, the -to will be dhmgede, 15 sin passenger; $28.75 perhrr, $1.50 e9ch children 12 and anew (in the mmpany of en.din). noes a) fire fime the taxi nab arrives far he borkab er accessible taxicab if Increments Of $6.78 With multiple passenge., steamer t.nl,; Ad for each artiste Passenge.us.g a tan W move a Wge amour4 of i k u untll trl erduWl tads b a) he passenger has re4resled the p c P P Ys ) 'tic he heat stop wig pay the fee firm the starling handed or amid hr mink ddvw_ N by belonBirg¢s(wll be Ohargetl a minimum oF45. taxicab at a s Ixati.n and while 9vehid<is luVy stopped Penn -p° hit, to destination; the follOwin II from g anaY Children under i0 Nee when rccom. personal MuXiple traffic fights, si si fungi b) the drover a Puss —ti" is u g lop that stop to their destination and so VMen by adult. Special rates by contract we pen ris°.ible. - paswngers wgl pay a sepemle fee locoed upon the shodee mute to throe desbnebon. It hey agree to bmate tremcy lowing v unloading it.— in. m oSd.- any kch diner has Nom the lool eab. w passengm¢ are travelling from mu0iple starting points to one destmtim , each passenger shall Bhn share a mxi. dwlil be oce txvrtinuous (arc frohn on to no monbol cw Period whip ) ) any pay Me,, propmbonale share. destination. Senior,a0zena get a 10%di¢munt with prof requests the passengm reques5 divert. at age_ Any destination grain Chun 16km shall be $1.6 wait dj upon deatinalim arrival, pnrrkm ant .45 while waim, Or slopped Ync lime tcqutred to rdFloed 26 STANDARD FATE To be demrmirned. vehce. Roles regulated in Taxicab Bylaw annual ew of rates by Tantab Adwswy Rates as detemined by ten C.mmlttee and recommendations made to Sef by InglduW taxi Rates set out in Schedule'13 -of by Who sets he rales7 m hoard Cound t changes are recommended companies. Set by individual taxi companies Set through city council in the by law. Rates regulated by b Rates negudetnd by Me province. Rates regulated by by -law law Rates net out in Shedule 'N' Of bylaw Only when co 4 is approached Happened On.. Annual review. Recommend to round 4 Leftup to each individual Letup to each indwidual Rewewedyearly, draged when voted When cairpa.es want a rate in Me parer S years and that wasdue to theinuease How often are reica reAewedlldron ed2 WA ch- g- ,.qu.red company company upon Apprw every couple of am 1'e Ev cry year. noel reviews logos paces. Impeded LY the CVSE nresM (2 sheduled, t at Left up to each ,,d1Adual Once a yew, .,when thanes a Meters Insio- teMeztedlie¢caled by Pafice Clue( ((Commercwl Vehicle Safety and random) alaowhen there's a .1 How often are taxi metwsi ecleNcalibr.tWd7 N/A To be de[erminud. NA ,npany change every 6 minds Enfn_rr nt) yearly. Police do Checim at random. hinge. Done upon demand, m when A is a new vehice. 3. GOVERNANCE Pn.r la ampendinghevolong ke rse, hearinq h.W brdme Licensing and Retail Committee in accerdarrw w,th Police Chief has considerable 4x 11on_Dedsions Municipal Ad permits licensing Me S1n"my Powers Procedure: Aer app,al,dto Police Services Board. Decsi.mof Advisory committee wih no Yes report by bylaw officer, powers to be a^slgned by he Commi_ shay, after hearing mader, Police Services Board may be further appeared to authority to.vernal, Independent judicial review ie the only Police submitted t. Yes, prorate si non of City City C.0 l hears appeal ifli.— refleed ,revoked, CO.." is the Board —frond teak _nO.endabonsto the rmrnidpal eoundl under the Sfatuloy Pbwers Appeal Pmces¢ denswns avenue for appeal transpertatonc rnmfiee sound Covered through tan aMOrrly. pended. WA makes OR fn fdecsi.rie, n d al councl Preeedmr, Ad 2VI ON lifl."k—I maim .NM-& re ffihmay, ]FAnlffl–If, Hic7 Eiiaor JACbSb 2,Y, LeS ale T adr 7z1c1.Je1t ��T�ax'�' �'ZL3►? Schedule "C" &Mr J. ci&— a euu lzn:i��srn ueu�,l r -mull Of 3qard of t7� Hospl-. saint IohL OF Asp: aiiurs 5amtjour Po"ad of =fade mmsr '°xbr ", Co =mVes Cyaw- PIIt`+r aneya wi-fre Cwt tm Lois rmcent die terpwsp John Auggla Xclean SaMt John UpGA Atftva Ity 1 PICGra r Saint I&n Fait L'"iiltha7i* J' sfipizi-t I le a,1ise Saiiat e: C} m ?M Rome s'idr! Faa a McGCr=. k- R-Amore lUv.m LeBlanc pM f�,, sw t Cox* d �l 7 Rick MmElfy JolrnQzo Tour.- =m vwdnatloa, m&-kE ;rta Irx ON- Change SGIdh Cep b7d-] Ci ZELS CxtUPICR fusion lie sib �Ixi E' < "C IIrlr3ll: ; Togw1 r ',F,A,C.r Saint u &-a R &I1al H � Cm -30en: ti a ,. esorxca Curter Sr. Joseph's C6muuixly COMM Tb o Cenzs fokT bu-a sATf`DJ) Saint John &r aC eT W1. } 7:iti;k : s Ta:d (030,?3X -B. hd. ) - AllEprit Lpslie f#I john, H�Wlmm goomerwag -- i I.& Al,'eud¢d Hassam.virL�f ?t >a-M iatl #�;a!t�.l Aftau d CL,aAme Say-a_e AbEaut Jase CiutdrmCj raqh - - -e t phiL'gIf elansou 1 l lit .7R R+tlm }} 1 hvenl 'J arf A.. s 'Aqp it rlt i2� �� ?PI4 KI SJ1%iTYii!F A e3dE. Olmumd Mzddamiun • !3s--L"t al-ans � "5 1 1QsIl Attended MiToba1t18d S1a3"� ihm A�it it L Hite it a liZU4t A end ,2 id--.T D7nington A-+pnded Garr 2i37for W1. } 7:iti;k : s Ta:d (030,?3X -B. hd. ) Ca Acton Cab Absent john, H�Wlmm goomerwag -- i I.& F oRd � iatl #�;a!t�.l tYr1152Grd1' dr—t -9 �'a;6 Atka Gawl Mist L1i 3�iya ��5 x flm iCr,. -kai 'faxi Arrun{zd i�ruoud,' -+��I T� i l T13L'�°�f�P3i� F.1Il/kdL,113'iJ�r�L 1_*'L� Ql susu •qe Taxi ich2 Talc s1le JC.haTafd Smo S g1 Sm. OR& x a�3t siml [lds lum it TUri��3SYt�• Tar': hillmrsit 11l� ��Glf� 13111 grit AflonclM KJ)0 pt Attended A d Attended ?I ��TC :+ } 7:iti;k : s Ta:d (030,?3X -B. hd. ) chair Soinglu Vim ldiam.rad.�Cw iii Tam; Dpreq #SrEt jXa ---Dm r Czas 1 Taxi ula NIV .: m- ejaSTcD17w Timm iatl #�;a!t�.l �Ta7,f� sima.,u ; T L uaort '.es 'ss jrl�i7'vt[�i;� T.T *'� /i,�� navid o l7� efs i ii 2011- Current Taxicabs so 70 — - - — — 62 59 60 50 30 i - 3 0 0 0 0 . . _ I M— : - -m . M - Under 1 1 year 2 years 3 years 4 years 5 years 6 years 7 years 8 years 9 years 10 years Over 10 year years 298 vehicles in total a # of Vehs Under 1 year 11 year 12 years 13 years 14 years Is years 16 years 17 years 18 years 19 years 110 years 10ver 10 years # of Vehs 1 01 01 01 31 41 51 251 301 621 591 351 75 2011- Current Taxicabs so 70 — - - — — 62 59 60 50 30 i - 3 0 0 0 0 . . _ I M— : - -m . M - Under 1 1 year 2 years 3 years 4 years 5 years 6 years 7 years 8 years 9 years 10 years Over 10 year years 298 vehicles in total a # of Vehs Taxicab By -law Review Submitted by the Taxicab By -law Review Committee to Saint John Common Council M D Taxicab Review Committee- Members • Amy Poffenroth — Chairperson • Councillor Bill Farren • Scott Brittain —City Solicitor's Office • Inspector Dave Parks —Saint John Police Force • Sergeant Jeff Lafrance —Saint John Police Force 2A Concerns with Current Ta*-m*a-b'8'Y-1aw ® Inconsistent and unfair taxi fares • Too many taxicabs for the Saint John market Tourist complaints — overcharging, poor knowledge of landmarks and points of interest ® Taxicabs being used to facilitate illegal activities / required background checks not as thorough as possible • Taxicabs that are old, unsafe, deteriorated, in poor operating condition Taxi Advisory committee concerned about lack of authority @14 Reform Objectives 1. U1. Safety 2. Fair and Reasonable Rates �1� Public Safety To ensure citizens and visitors are provided safe and high quality taxicab service in the City: a) Offences b) Driving record c) Driver training d) Taxicab requirements e) Insurance Fair and Reasonable motes To ensure rates are reasonable, consistent, and fair for the taxi drivers, taxi owners and passengers alike a) Fares b) Standard Rates �f� I_ ua Ica on for taxi licenses for certain offences Increased fines for violations of the By-law CURRENT BY-LAW PROPOSED REFORM _ Five (5) year suspension if convicted _BY-LAW Five (5) year suspension if convicted of an indictable offence of an indictable offence* One (1) year suspension if convicted Two (2) year suspension if convicted of a summary offence or other offences as of a summary offence or other offences as per section 3 of the By -law per section 3 of the By -law Criminal background check and a five (5) Criminal background check only year clear background regarding vulnerable sectors If found to be operating without a valid No suspension / termination / disqualification for operating without a taxicab license and /or valid insurance, valid taxicab license or valid insurance immediate termination or suspension of taxicab license and/or immediate disqualification from getting a license for 2 years Fines range from $75 -$500, with a Increased fines for By -law offences from voluntary payment option of $75 $140- $2,100, with a voluntary payment option of $140 W BY-LAW REFORM RECOMMENDATION lb PUBLIC SAFETY — DRIVING RECORD Requirement for driving experience Driving record in excellent standing CURRENT BY-LAW PROPOSED BY-LAW REFORM No minimum requirement for years of A minimum of two (2) years driving driving experience experience No driving history requirement A minimum of four (4) points on the driving abstract at all times M� BY-LAW REFORM RECOMMENDATION Ic PUBLIC SAFETY - TRAINING Create training requirement to obtain and maintain a taxi license Curriculum to be developed by the Advisory Committee and approved by Common Council CURRENT BY-LAW PROPOSED BY-LAW REFORM No training required to obtain taxi Possible training topics include: license m Geography and points of interest s Customer service skills ® English proficiency ® Taxi By -law orientation le Proper installation of child car seats I BY-LAW REFORM RECOMMENDATION 1d PUBLIC SAFETY — VEHICLE REQUIRE, MENTS Create a standard for taxicabs with vehicles not to exceed a certain age Create a standard for taxicabs for number of doors and cylinders CURRENT BY-LAW PROPOSED BY-LAW REFORM No vehicle age limit Taxicab age not to exceed seven (7) years Customized accessible taxicab age not to exceed twelve (12) years No minimum number of doors Taxicabs to have a minimum of four (4) doors, with the exception of minivans — three (3) doors No minimum number of Taxicabs to be a minimum four (4) cylinder cylinders vehicle D #° BY-LAW REFORM RECOMMENDATION I e PUBLIC SAFETY - INSURANCE Create a higher standard for taxicab insurance Create notification requirements for chances to insurance CURRENT BY-LAW Property damage and public liability insurance - minimum $1 million No notification requirement for policy change No notification requirement for policy cancellation PROPOSED BY-LAW REFORM Comprehensive motor vehicle insurance - minimum $2 million Letter from insurer to Taxi Inspector required upon change to insurance policy Insurance policy to prior written notice before policy can insurer ffl require 30 days to Taxi inspector be cancelled by BY-LAW REFORM RECOMMENDATION 2a FAIR AND REASONABLE RATES - FARES Requirement tooperate with use of meters CURRENT BY-LAW PROPOSED BY-LAW REFORM No requirement for meters or zones. Meters will be required to be used in City's Taxi Industry uses zones, self- all taxicabs in the City, for use at all regulated. times. M BY-LAW REFORM RECOMMENDATION 2b FAIR AND REASONABLE RATES — STANDARD RATES Implement standardized rates by By-law CURRENT BY-LAW PROPOSED BY-LAW REFORM Rates are not regulated in the by -law; taxi Standardized rate to be set by By -law industry sets their own rates Prior to adoption of the new By -Iaw, Review Committee will be tasked with studying and providing recommendations regarding the setting of metered by -law rates. After By-law adoption, the Advisory Committee will be tasked with recommending to Common Council when metered rates should be adjusted. Ha -VPPPP Pl� Role of Taxicab A Committeells concern over lack of authority • Review Committee recommends expanded role for Advisory Committee, including: — Studying meter implementation details, and meter inspection and testing — Researching driver training curriculum — Annual rate review — recommend to Common Council if adjustments are required — Modified structure of Committee PPF Recommendations 1. That the reform recommendations be adopted by Common Council; 2. That the City Solicitor be directed to draft the new Taxicab By -law; 3e That the Review Committee be mandated to consider policy issues that arise during by -law drafting; study and recommend metered rates; "Fo O-PPIOP Recommendations -- That the Advisory Committee be tasked with studying and making recommendations to Common Council respecting the setting of the technical and operational requirements of the meters and a program to inspect and test the meters; 5. That the Advisory Committee be tasked with studying and making recommendations respecting the curriculum and implementation of a taxicab driver training program; RecommendatioA- 6. That,the City Manager, Common Clerk, City Solicitor and Police Chief be directed to provide staff resources, if necessary, to assist the Advisory Committee; 7. That the Police Chief and City Solicitor review the administration and enforcement requirements under the By -law and advise on the resources required so license fees charged under the By -law will achieve cost recovery. W... QUESTIONS? 96 -528 COMMON COUNCIUCONSEIL COMMUNAL DECEMBER 5, 2011/LE 5 DECEMBRE 2011 mandate, par les presentes, un ou plusieurs agents nommes et designes par le conseil relativement a I'application de I'Arrete concernant les batiments et structures inesthetiques ou dangereux dans The City of Saint John, en vue de demolir le batiment situe au 498, chemin Green Head (NID 406827) conformement aux politiques en matiere d'approvisionnement applicables de The City of Saint John. A I'issue du vote, la proposition est adoptee. 12.2 City Manager: Saint John Taxicab By -Law Review Referring to a submitted report and presentation, Ms. Poffenroth, chair of the Taxi By -law Review Committee, outlined the committee's recommendations and she responded to questions from Council members. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager in the submitted report M &C 2011 -292 Saint John Taxicab By -Law Review: 1. That the reform recommendations outlined in this report be adopted by Common Council; 2. That Common Council direct the City Solicitor to commence the process of revising the By -law in a manner that incorporates the reform recommendations outlined in this report; 3. That Common Council extend the mandate of the Review Committee for the sole and discrete purpose of: (1) considering policy issues that may arise during the by -law drafting process, and (2) studying and making recommendations to Common Council regarding the setting of metered by -law rates (distance rate, passenger rate and standing rate) that will apply upon the enactment of the new By -law; 4. That the Advisory Committee be immediately tasked with studying and making recommendations to Common Council regarding: (1) the setting of the technical /operational requirements of the meters to be used in the Taxi Industry, and (2) the setting of a program to inspect and test the integrity of meters and to develop a system that renders meters "tamper proof ". Once the work of the Advisory Committee is carried out, Common Council will consider the resulting recommendations and direct the City Solicitor to incorporate, where necessary, the recommendations of the Advisory Committee into the By -law. 5. That the Advisory Committee be immediately tasked with studying and making a recommendation to Common Council regarding the curriculum and implementation of taxicab driver training program. Once the work of the Advisory Committee is carried out, Common Council will consider the resulting recommendations and direct the City Solicitor to incorporate, where necessary, the recommendations of the Advisory Committee into the By -law. 6. That the City Manager, Common Clerk, City Solicitor and Chief of Police be directed to provide staff resources, as required, to assist the Advisory Committee in the discharge of its responsibilities under paragraph 4 and 5 above; 7. That the Chief of Police and the City Solicitor to be directed to review the administration and enforcement requirements under the By -law and advise Common Council of the resources required to properly carry out these functions. The purpose of this exercise will be to ensure that the license fees charged under the By -law will achieve cost recovery for administration and enforcement. Question being taken, the motion was carried. 230 a tr dyne INTRODUCING THE 5700 TAXIMETER > SMART communications standard Two fully independent communication ports r 16 rates standard, plus Flat Rates, Touring Rates, Negotiated Rates r Built -in Bluetooth (option) New S170 Printer Small /Lightweight (6.29" x 1.97" x 1.19" & less than 5 ounces) ESI: Electronic Sealing of Installation Web Based Updates for Rates, Configuration & Firmware 6Illuminated Buttons Rate Changes at Future Date (without breaking seal) Trip Data Stored (250+ trips) for PC upload & printing 800 - 655 -5575 or 800 - 679 -9939 www.centrodyne.com 231 entr dyne 5700 TAXIMETER Connect to Silent 160 Printer Daily & Meter Statistics /Totals Plug & Play Add -On Features Display Brightness Adjust Automatic Rate Changes Flat Rate Entry Add /Subtract Extras 16 Rates Standard Password Security Speed Limit Programmable Communicate Optionally Via Bluetooth, USB, RS232 View /Print Rates, Configuration, Etc. Available Plug -In Installation (no wiring) Calibration Check (without breaking seal) 800 - 655 -5575 or 800 - 679 -9939 232 www.centrodyne.com THE CITY OF SAINT JOHN NEW BRUNSWICK A By -law respecting the Regulation and Licensing of Owners and Operators of Taxicabs in the City of Saint John By -law Number M -12 An uncertified copy of this by -law is available online 233 Arrete portant reglementation des activites des proprietaires et exploitants de voitures -taxis et de Poctroi de permis aux proprietaires et exploitants de taxis dans The City of Saint John Arrete numero M -12 Une copie non certifiee de Farrete est disponible en ligne TABLE OF CONTENTS Section Description Recitals 1 Title 2 Definitions 3 Interpretation 4 Mandatory Record Checks 5 License Disqualification 6 Duties of Taxicab Inspector 7 Prohibited Operations 8 Taxicab Operator's License 9 Obligations of Taxicab Operator 10 Conditions of Use of Motor Vehicle as a Taxicab 11 Taxicab Owner's License 12 Obligations of Taxicab Owner's License Holder -2- Page Article 234 1 2 3 4 5 3 I 1 10 11 12 TABLE DES MATIERES Designation Pr6ambule Titre Definitions Interpretation Wrifications du casier judiciaire obligatoires Perte d'admissibilit6 Fonctions de Finspecteur des taxis Interdiction Permis d'exploitant de taxi Obligations de 1'exploitant de taxi Modalit6s d'utilisation d'un v6hicule a moteur comme taxi Permis de propri6taire de taxi Obligations du titulaire d'un permis de propri6taire de taxi Page -3- 13 Refusal to Issue, 13 Refus de d6livrer un Suspension and permis et suspension et Revocation of Taxicab revocation des permis de License taxis 14 Judicial Review 14 Appel 15 Taxicab Standbys 15 Postes de taxis 16 Taxicab Advisory 16 Comit6 consultatif en Committee matiere de taxis 17 Offenses 17 Infractions 18 Repeal 18 Abrogation Schedule "A" - Annexe « A » Educational Requirements Exigences en matiere d' education Schedule "B" - Annexe « B » Calculation of Metered Calcul des tarifs a 1'aide Rates d'un taximetre Schedule "C" - Taxicab Annexe « C » Operator's License Demande de permis Application Form d'exploitant de taxi Schedule "D" - Taxicab Annexe « D » Owner's License Demande de permis de Application Form propri6taire de taxi RECITALS WHEREAS Common Council deems it advisable to enact this By -law because it will govern the regulation and licensing of owners and operators of Taxicabs in the City of Saint John; PREAMBULE Attendu que : le CONSEIL COMMUNAL juge opportun de prendre le present ARRETE destine a r6gir la r6glementation des activit&s des propri6taires et exploitants de voitures -taxis et de Foctroi de permis aux propri6taires et exploitants de taxis 235 AND WHEREAS Section 11 of the Municipalities Act authorizes municipalities to enact by -laws regulating and licensing the owners and operators of Taxicabs; dans la MUNICIPALITE de Saint John; ET ATTENDU QUE Particle 11 de la Loi sur les municipalites autorise les municipalites a prendre des arretes concernant la reglementation des activites des proprietaires et exploitants de voitures -taxis et de Foctroi de permis aux proprietaires et exploitants de taxis; NOW THEREFORE, the Common Council A CES CAUSES, le CONSEIL COMMUNAL de of The City of Saint John, enacts as follows: The City of Saint John edicte Title Titre 1. This By -law may be cited as the Saint 1. Le present ARRETE peut &re cite sous le John Taxicab By -law (hereinafter the titre Arrete de Saint John r&ementant `By- law "). les taxis (ci -apres « 1'ARRETE »). Definitions Definitions 2. Whenever a word is used in this By -law 2. Dans le present ARRETE, les termes en with its first letter capitalized, the term is petites majuscules soot employes au being used as it is defined in this Sens defini au present article, les autres Section 2. Where any word appears in mots ayant leur sens ordinaire en ordinary case, its regularly applied frangais. meaning in the English language is intended. "Assistant Taxicab Inspector" means a « ARRETE ANTERIEUR » 1'ARRETE sur member of the Saint John Police Force les TAXIS qui a ete abroge par le present who has been designated by the Chief of ARRETE (Previous By -Law); Police, in writing, to carry out the duties of the Taxicab Inspector in the event that the Taxicab Inspector is unable to perform them (inspecteur des taxis adjoint); "Certificate of Inspection" means a « CERTIFICAT WINSPECTION » CERTIFICAT D'INSPECTION delivre en vertu 236 -5- Certificate of Inspection issued under the de la Loi sur les vehicules a moteur Motor Vehicle Act (certificat (Certificate of Inspection); d'inspection); "City" means The City of Saint John and << COMITE » le COMITE consultatif en includes the geographic bounds of the matiere de TAXIS (Committee); City of Saint John (Municipalite); "Committee" means the Taxicab << CONSEIL COMMUNAL » design les Advisory Committee (comite); membres elus du conseil municipal de la MUNICIPALTTE (Common Council); EXPLOITANT DE TAXI » s'entend d'une personne qui detient un permis en vertu de la Loi sur les vehicules a moteur et en vertu du present ARRETE pour exploiter un TAXI (Taxicab Operator); EXIGENCES EN MATIERE DE FORMATION >> s'entend des EXIGENCES EN MATIERE DE FORMATION et d'education, auxquelles un EXPLOITANT DE TAXI doit satisfaire afin de pouvoir deposer une demande de permis ou de renouvellement de permis en vertu du present ARRETE, tel qu'elles sont plus particulierement presentees A Pannexe << A» du present ARRETE (Educational Requirements); "Common Council" means the elected << INSPECTEUR DES TAXIS » membre du municipal council of the City (conseil Service de police de Saint John que le chef communal); de police designe par ecrit pour agir A titre d'INSPECTEUR DES TAXIS (Taxicab Inspector); "Criminal Record Check" means a << INSPECTEUR DES TAXIS ADJOINT » comprehensive search of a person's membre du Service de police de Saint criminal history or background to John que le chef de police designe par determine what, if any, crimes he has ecrit pour exercer les fonctions de been convicted of in the past (verification l'INSPECTEUR DES TAXIS en cas du casier judiciaire); d'incapacite de cc dernier (Assistant Taxicab Inspector); "Educational Requirements" means << LOI SUR LES VEHICULES A MOTEUR those training and Educational signifie la L.R.N. -B. 1973, c M -17, telle 237 Requirements which a Taxicab Operator que modifiee de temps a autre ou shall be obligated to successfully remplacee par 1'Assemblee legislative complete in order to successfully apply du Nouveau - Brunswick. (Motor Vehicle for or renew a license under this By -law, Act); as are more particularly outlined and described in Schedule "A" to this By -law (exigences en matiere deformation); "Metered Rates" means the rate for a ride that is measured and calculated using a Taxicab Meter which is calibrated in accordance with Schedule `B" of this By -law (tarifs calcules 6 Vaide d'un taximetre); "Motor Vehicle Act" means R.S.N.B. 1973, c. M -17, as amended from time to time or replaced by the Legislative Assembly of New Brunswick (Loi sur les vMicules a moteur); "Previous By -Law" means the Taxicab By -law that has been repealed by this By -law (ARRETE anterieur); "Taxicab" means a motor vehicle, other « MUNICIPALITE » designe The City of than a bus or trolley, during any period in Saint John et inclut les limites which the vehicle is being used to geographiques de la MUNICIPALITE de transport a person for remuneration, Saint John (City); including the period in which a person who is to be, is being or has been transported for remuneration embarks or disembarks and the period in which the luggage of such person is loaded or unloaded. Without limiting the generality of the foregoing, any motor vehicle other than a bus or trolley which operates or otherwise provides tours within the City for remuneration is considered a Taxicab for the purposes of this By -law (taxi); "Taxicab Inspector" means a member of « PERMIS D'EXPLOITANT DE the Saint John Police Force who has been TAXI » PERMIS D'EXPLOITANT DE TAXI 238 -7- designated by the Chief of Police, in qui a ete delivre conformement an writing, to act as the Taxicab Inspector present ARRETE et qui n'a pas expire, ete (inspecteur des taxis); suspendu ou annule (Taxicab Operator's License); "Taxicab License" means a Taxicab License that has been issued in « PERMIS DE PROPRIETAIRE DE accordance with this By -law and has not TAXI » permis de proprietaire de taxi expired or been suspended or cancelled qui a ete delivre conformement au (permis de taxi); present AxRRTE et qui n'a pas expire, ete suspendu ou annule (Taxicab Owner's "Taxicab Meter" means a Centrodyne License); brand electronic metering device purchased, installed and maintained at all « PERMIS DE TAXI)) permis de taxi times in good working order by the qui a ete delivre conformement au Taxicab Owner, which is calibrated in present ARxETE et qui n'a pas expire, ete accordance with Schedule "B" of this suspendu ou annule (Taxicab License); By -law and sealed by the Taxicab Inspector upon inspection thereof, which meets the technical specifications set out in this By -law and which is used to measure and calculate Metered Rates, as set out in this By -law (taximetre); "Taxicab Operator" means a person who is licensed under the Motor Vehicle Act and under this By -law to operate a Taxicab (exploitant de taxi); "Taxicab Operator's License" means a Taxicab Operator's License that has been issued in accordance with this By -law and has not expired or been suspended or cancelled (permis d'exploitant de taxi); "Taxicab Owner" means the individual « PERSONNE VULNERABLE)) or corporation shown by the records of the s'entend d'une personne qui en raison Registrar of Motor Vehicles for New de son age, d'une deficience ou d'autres Brunswick to be the registered owner of a circonstances temporaires ou motor vehicle that has been registered permanentes, soit est en position de under the Motor Vehicle Act for use as a dependance par rapport a d'autres Taxicab (proprietaire de taxi); personnes ou court un risque d'abus ou d'agression plus eleve que la population "Taxicab Owner's Licence" means a en general (Vulnerable Person); Taxicab Owner's License that has been 239 sm issued in accordance with this By -law and has not expired or been suspended or cancelled (permis de proprietaire de taxi); "Taxicab Standby" means a portion of a « POSTE DE TAXIS » partie d'une rue public street that has been designated in publique qui a W designee A ce titre the Saint John Traffic By -Law as a dans l'Arrete relatif a la circulation Taxicab Standby (poste de taxis); dans The City of Saint John (Taxicab Standby); "Vulnerable Person" means a person << PROPRIETAIRE DE TAXI » la who, by reason of his age, a disability or personne ou compagnie qui, d'apr &s les other circumstances, whether temporary registres du registraire des v&hicules A or permanent, is in a position of general moteur du Nouveau - Brunswick, est le dependence on others or is otherwise at a proprietaire immatricul& d'un v&hicule A greater risk than the general population of moteur enregistr& sous le regime de la being harmed (personne vulnerable); Loi sur les vehicules a moteur en vue d'etre utilise comme TAXI (Taxicab "Vulnerable Sectors Check" means a Owner); comprehensive search of a person's criminal history or background to « TARIFS CALCULES A L'AIDE determine what, if any, crimes he has D'UN TAXIMETRE » le tarif pour un been convicted of in the past against a trajet qui est mesur& et calcul& par un Vulnerable Person, including crimes of taxim &tre calibre conform&ment A sexual nature against a Vulnerable Person 1'annexe « B » du present ANTE for which a record suspension or pardon (Metered Rates); may have been issued (verification des antecedents en vue d'un travail aupres de << TAXI » s'entend d'un vehicule A personnes vulnerables). moteur, autre qu'un autobus, pendant la p&riode ou it est utilise pour transporter une personne contre remuneration, y compris la periode ou la personne qui doit se faire transporter, qui est transport &e ou qui a &t& transport&e contre remuneration monte dans le vehicule ou en descend, et la periode ou ses bagages sont charges ou d&charg &s. Sans restreindre la port&e de ce qui precede, tout vehicule A moteur autre qu'un autobus, qui op &re ou qui offre des tours contre remuneration dans la MUNICIPALITE, est consider& etre un TAxI aux fins du present ARxETE ( Taxicab); TAXIMETRE » s'entend d'un 240 241 compteur electronique de marque Centrodyne achete, installe et, en tout temps, maintenu en bon etat de fonctionnement par le PROPRIETAIRE DE TAXI, qui est calibre conformement A 1'annexe «B » du present ARRETE et scelle par 1'INSPECTEUR DES TAXIS lors de l'inspection dudit TAXIMETRE, qui rencontre les exigences techniques prevues dans le present ARRETE et qui est utilise pour mesurer et calculer les tarifs A 1'aide d'un taximetre, conformement au present ARRETE (Taxicab Meter); o VERIFICATION DU CASIER JUDICIAIRE » s'entend d'une recherche exhaustive des antecedents criminels d'un individu pour determiner, le cas echeant, les crimes pour lesquels it a dejA ete condamne (Criminal Record Check); VERIFICATION DES ANTECEDENTS EN VUE D'UN TRAVAIL AUPRES DE PERSONNES VULNERABLES» s'entend d'une recherche exhaustive des antecedents criminels d'un individu pour determiner, le cas echeant, les crimes commis envers une PERSONNE VULNERABLE pour lesquels it a dejA ete condamne, incluant les infractions de nature sexuelle contre une PERSONNE VULNERABLE, pour lesquelles le casier aurait ete suspendu on un pardon aurait ete accorde (Vulnerable Sectors Check). Interpretation Interpretation 3. Rules for interpretation of the language 3. Les regles d'interpretation suivantes used in this By -law are contained in the s'appliquent au present ARRETE : 241 -10- lettered paragraphs as follows: (a) The captions, article and section names and numbers appearing in this By -law are for convenience of reference only and have no effect on its interpretation. (b) This By -law is to be read with all changes of gender or number required by the context. (c) Each reference to legislation in this By -law is printed in Italic font. Where the name of the statute does not include a year, the reference is to the Revised Statutes of New Brunswick, 1973 edition. Where the name of the statute does include a year, the reference is to the Statute of New Brunswick for that year. In every case, the reference is intended to include all applicable amendments to the legislation, including successor legislation. Where this By -law references other by -laws of the City, the term is intended to include all applicable amendments to those by -laws, including successor by -laws. (d) The requirements of this By -law are in addition to any requirements contained in any other applicable by -laws of the City or applicable provincial or federal statutes or regulations. e) If any section, subsection, part or 242 a) Les titres, intertitres et numbros des dispositions ne servent qu'a faciliter la consultation de 1'ARRETE et ne doivent pas servir a son interpretation. b) Le genre ou le nombre grammaticaux doivent titre adaptes au contexte. C) Les renvois legislatifs paraissent en italique. Its visent les Lois revisees du Nouveau - Brunswick de 1973 sauf mention d'une annee particuliere, auquel cas ils visent les Lois du Nouveau - Brunswick de cette annee -la. Dans tous les cas, le renvoi a une loi vise egalement les modifications qui s'y appliquent, y compris toute legislation de remplacement. Les renvois a d'autres arretes de la MUNICIPALITE visent egalement les modifications qui s'y appliquent, y compris tout arrete de remplacement. d) Les obligations qu'il cree s'ajoutent a celles decoulant d'autres arretes applicables de la MUNICIPALITE ou des lois ou reglements federaux ou provinciaux applicables. e) Si une dispositi - 11 - parts or provision of this By -law, is for any reason declared by a court or tribunal of competent jurisdiction to be invalid, the ruling shall not affect the validity of the By -law as a whole, nor any other part of it. est declaree invalide par un tribunal competent pour quelque motif que ce soit, la decision n'entache en rien la validite de FARRETE dans son ensemble ni de toute autre disposition. Mandatory Record Checks Verifications du casier judiciaire obligatoires 4. Before the Taxicab Inspector will 4. Avant que FINSPECTEUR DES TAxis ne consider an application for a licence considere une demande de permis en under this By -law, a person shall, at his vertu de cet ARRETE, un individu doit, a sole expense, submit to a: ses propres frais, presenter : (a) Criminal Record Check, which shall a) une VERIFICATION DU CASIER be carried out by the Saint John JUDICIAIRE qui devra etre effectuee par Police Force if the applicant resides le Service de police de Saint John si in the City and by the Royal Fauteur de la demande demeure dans la Canadian Mounted Police or a local MUNICIPALITE, et par la Gendarmerie police force as the case may be royale du Canada ou par un service de should the applicant reside outside police local, le cas echeant, si Fauteur the City; and de la demande reside a 1'exterieur de la MUNICIPALITE; et (b) a Vulnerable Sectors Check, which b) une VERIFICATION DES ANTECEDENTS shall be carried out by the Saint EN VUE D'UN TRAVAIL AUPRES DE John Police Force if the applicant PERSONNES VULNERABLEs qui devra resides in the City and by the Royal etre effectuee par le Service de police Canadian Mounted Police or a local de Saint John si Fauteur de la demande police force as the case may be reside dans la MUNICiPALITE et par la should the applicant reside outside Gendarmerie royale du Canada ou par the City. un service de police local, le cas echeant, si Fauteur de la demande demeure a 1'exterieur de la MUNICII'ALITE. License Disqualification Perte d'admissibilite 5. A person is disqualified from 5. Est inadmissible a obtenir ou a detenir 243 -12- obtaining, holding or continuing to hold ou A continuer A detenir un permis en any license under this By -law if- vertu du present ARRETE la personne qui : a) he is convicted of, or has within the a) ou bien est reconnue coupable ou a five (5) years prior to submitting an ete reconnue coupable, au cours des application for a license, been cinq annees precedant la convicted of: presentation d'une demande de permis (i) an indictable offence under the Criminal Code of Canada or any (i) d'un acte criminel prevu au other statute; or Code criminel du Canada ou de toute autre loi ; (ii) an offence of trafficking in narcotics or possessing a narcotic or (ii) de trafic, de possession ou importing a narcotic, contrary to the d'importation de stupefiants, en Controlled Drugs & Substances Act; violation de la Loi reglementant or certaines drogues et autres substances; (iii) an offence of trafficking in a controlled or restricted drug or (iii) de trafic ou de possession A des possession for the purpose of fins de trafic d'une drogue trafficking in a controlled or controlee ou d'une drogue d'usage restricted drug, contrary to the Food restreint, en violation de la Loi sur and Drug Act of Canada; or les aliments et drogues du Canada; (iv) an offence involving liquor (iv) d'une infraction relative aux contrary to section 132 of the Liquor boissons alcooliques en violation de Control Act of New Brunswick; Particle 132 de la Loi sur la reglementation des alcools du such disqualification from holding a Nouveau - Brunswick; license under this By -law shall be calculated as running for a period of cette perte d'admissibilite Adetenir five (5) years commencing on the un permis en vertu du present date of conviction. ARRETE s'echelonne sur une periode de cinq ans A partir de la date de la condamnation. b) he is convicted of, or has within two b) ou bien est reconnue coupable ou a (2) years prior to submitting an ete reconnue coupable, dans les application for a license, been deux annees precedant la convicted o£ presentation d'une demande de permis : (i) a summary conviction offence (i) d'une infraction punissable sur 244 -13- 245 under the Criminal Code of Canada; declaration de culpabilite par or procedure sommaire en vertu du Code criminel du Canada; (H) an offence under the Controlled Drugs & Substances Act or the Food (ii) d'une infraction prevue A la Loi and Drug Act of Canada or the reglementant certaines drogues et Liquor Control Act of New autres substances, A la Loi sur les Brunswick other than an offence aliments et drogues du Canada ou A mentioned in subparagraph 5(a)(ii), la Loi sur la reglementation des (iii) or (iv); alcools du Nouveau - Brunswick, autre qu'une infraction mentionnee such disqualification from holding a au sous- alin&a 5a)(ii), (iii) or (iv); license under this By -law shall be calculated as running for a period of cette perte d'admissibilit& A d&tenir two (2) years commencing on the un permis en vertu du present date of conviction. ARRETE s'&chelonne sur une periode de deux ans, A partir de la date de la condamnation. c) he has, within two (2) years prior to c) ou bien a vu, au cours des deux making his application, had a annees pr&cedant sa demande, un license obtained under this By -law permis obtenu en vertu du present cancelled and not reinstated; ARRETE etre annule sans etre retabli; d) in the case of a Taxicab Operator, he d) ou bien, dans le cas d'un has had his driver's license EXPLOITANT DE TAXI, a vu son cancelled or suspended under the permis de conduire etre annule ou Motor Vehicle Act or has, at any suspendu sous le regime de la Loi time, fewer than four (4) points on his driver's license, which must be sur les vehicules a moteur ou a, A reported by said Taxicab Operator tout moment, moins de quatre to the Taxicab Inspector in writing points sur son permis de conduire, within twenty -four (24) hours of ce qui doit etre rapport&, par &crit, said cancellation or suspension; par ledit EXPLOITANT DE TAXI A 1'INSPECTEUR DES TAXIS dans les vingt- quatre heures de ladite annulation ou suspension; e) in the case of a Taxicab Operator, he e) ou bien, dans le cas d'un is found to have operated a Taxicab EXPLOITANT DE TAXI, s'il est etabli while his driver's license was qu'il a exploit& un TAXI alors que cancelled or suspended under the son permis de conduire etait annule Motor Vehicle Act or while such ou suspendu en vertu de la Loi sur 245 f) -14- driver's license had fewer than four (4) points, which carries with it a two (2) year disqualification from holding a license under this By -law commencing on the date of discovery by the Taxicab Inspector; in the case of a Taxicab Owner, he is found to have permitted the operation of a Taxicab without a valid policy of insurance which complies in all respects with the conditions for insurance prescribed in this By -law, which carries with it a two (2) year disqualification from holding a license under this By -law commencing on the date of discovery by the Taxicab Inspector. Duties of the Taxicab Inspector les vehicules a moteur ou alors qu'il y avait moins de quatre points sur son permis de conduire, ce qui entrafne une perte d'admissibilite a detenir un permis en vertu du present ARRETE, pour une periode de deux ans, a partir de la date ofz 1'INSPECTEUR DES TAXIS decouvre cette information; f) ou bien, dans le cas d'un PROPRIETAIRE DE TAXI, s'il est etabli qu'il a permis 1'exploitation d'un TAXI sans detenir une police d'assurance valide qui respecte en tous points les conditions d'assurance prescrites dans le present ARRETE, ce qui entrafne une perte d'admissibilite a detenir un permis en vertu du present ARRETE pour une periode de deux ans a partir de la date ou 1'INSPECTEUR DES TAXIS decouvre cette information. Fonctions de PINSPECTEUR DES TAXIS 6(1) The duties of the Taxicab Inspector 6(1) UINSPECTEUR DES TAXIS exerce les include: fonctions suivantes : (a) the general control, supervision and direction of any person who has been designated to act as the Assistant Taxicab Inspector; (b) issuing, suspending and revoking licenses in accordance with this By -law; 246 a) it controle, surveille et dirige toute personne designee a titre d'INSPECTEUR DES TAXIS ADJOINTS; b) it delivre, suspend et revoque les permis conformement au present ARRETE; -15- 247 c) it verifie qu'un individu, qui a (c) verifying that a person who has depose une demande de permis en applied for a license under this By- vertu du present ARRETE, se law has complied with the conforme aux EXIGENCES EN Educational Requirements, which MATIERE D'EDUCATION definies et are outlined and described in decrites d 1'annexe « A » du Schedule "A" to this By -law; present ARRETE; d) d la reception d'une demande de (d) upon receiving an application for a permis ou d'une plainte, it mene ou license or receiving a complaint, fait mener des enquetes aupres des making or causing to be made autorites policieres et des autorites inquiries to police authorities and chargees de la direction des motor vehicle authorities to vehicules d moteur afin de confirm that a person is not confirmer qu'une personne n'est disqualified from obtaining or pas inadmissible d obtenir ou holding a license under this By- detenir un permis en vertu du law; present ARRETE; e) d la reception d'une plainte et d (e) upon receiving a complaint, and at tout autre moment ou it le juge such other times as he may utile pour 1 application ou consider expedient for the 1'execution du present ARRETE, it administration or enforcement of inspecte les TAXIS pour s'assurer this By -law inspecting Taxicabs to determine: i) qu'ils soot propres, ii) que plaque i) that they are clean; d'immatriculation, le ii)that the Taxicab registration PERMIS DE PROPRIETAIRE DE le plate, the Taxicab Owner's TAXI PERMIs ' D EXPLOITANT DE TAXI et License, the Taxicab les vignettes Operator's License, and the d'identification sons identification decals are affiches conformement au being displayed in present ARRETE et d la Loi accordance with this By- sur les vehicules a moteur; law and the Motor Vehicle Act; f) it tient un registre indiquant tous les permis qui ont ese accordes, (f) keeping a register that includes a suspendus ou annules en vertu du list of all licenses that have been present ARRETE, les nom et adresse granted or suspended or cancelled de chaque auteur d'une demande, under this By -law, the name and les droits payes d 1'egard des 247 -16- address of each applicant, the fees permis et les details relatifs aux that have been paid for licenses, vignettes d'identification delivrees the particulars of the identification a 1'egard du vehicule et comportant decals issued for the vehicle, and a une description complete de full description of each Taxicab for chaque TAXI pour lequel un permis which a license is issued, including est delivre, y compris sa marque, its make, model, year and colour; son modele, son annee et sa couleur; (g) furnishing a copy of the By -law to each person who receives a license g) it remet une copie du present under this By -law; AxRETE a chaque personne qui regoit un permis en vertu de celui- ci; (h) examining or causing to be examined every motor vehicle for h) it examine ou fait examiner chaque which a license is requested under vehicule a moteur a 1'egard duquel this By -law to confirm; un permis est demande en vertu du present ARRtTE afin de confirmer (i) that it is displaying both a current Taxicab registration plate (i) que sont apposes sur celui -ci and a Certificate of Inspection that une plaque d'immatriculation de was issued for it not more than TAXI en cours de validite et un thirty (30) days before the date on CERTIFICAT D'INSPECTION de the application, and vehicule a moteur delivre pas plus de trente jours avant la date de la (ii) that it is free of exterior body demande, damage and is clean and neat both inside and outside. (ii) que sa carrosserie nest pas endommagee et qu'il est propre tant a l'interieur qu'a 1'exterieur. 6(2) An Assistant Taxicab Inspector shall carry out the duties of the Taxicab Inspector in 6(2) Un INSPECTEUR DES TAXIS ADJOINT the event that the Taxicab Inspector is unable to accomplit les taches de 1'INSPECTEUR DES do so because of injury, sickness, being on TAXIS lorsque ce dernier est incapable de le holiday, being out of the City, or for any other faire en raison d une blessure, de maladie, reasonable cause, and shall report to the parce qu'il est en vacances ou a 1'exterieur de Taxicab Inspector with respect to the la MUNICIPALITE, ou pour toute autre cause performance of such duties. raisonnable. Il fait rapport a 1'INSPECTEUR DES TAXIS relativement a 1'accomplissement de ces taches. Operation of Taxicab Prohibited Interdiction 7 No person shall operate a motor vehicle 7. Il est interdit d'exploiter un vehicule a MR -17- as a Taxicab within the City unless: (a) he is in possession of a valid Taxicab Operator's License; (b) a valid Taxicab Owner's License has been issued for the Taxicab and is displayed as provided herein; (c) a Certificate of Inspection that has not expired is displayed on the windshield of the motor vehicle; and (d) identification decals issued by the Taxicab Inspector for that vehicle are securely affixed to the lower left corner of its rear window and to the window of each of its rear doors. Taxicab Operator's License 8(1) An application for a Taxicab Operator's License shall be submitted to the Taxicab Inspector at the Saint John Police Force Headquarters at Peel Plaza, Saint John, NB, on the form prescribed as Schedule "C" to the By- law. Taxicab Operator's Licenses that are issued may be picked up at that location. 8(2) The Taxicab Inspector shall issue a Taxicab Operator's License to an applicant if he is satisfied that the applicant: (a) has truthfully completed the application form; (b) has submitted to and passed a 249 moteur comme TAXI 1 l'interieur de la MUNICIPALITE a moins que les conditions suivantes ne soient reunies : a) 1'exploitant possede un PERMIS D'EXPLOITANT DE TAXI valide; b) un PERMIS DE PROPRIETAIRE DE TAXI valide a ete delivre a 1'egard du TAXI et est affiche conformement aux dispositions du present ARRETE; C) un CERTIFICAT D'INSPECTION qui n'a pas expire est appose sur le pare - brise du vehicule a moteur; d) des vignettes d'identification delivrees par FINSPECTEUR DES TAXIS a 1'egard du vehicule sont solidement collees au coin inferieur gauche de la lunette arriere et sur la vitre de chacune des portes arriere. Permis d'EXPLOITANT DE TAXI 8(1) La demande de PERMIS D'EXPLOITANT DE TAXI est presentee a FINSPECTEUR DES TAXIS au quartier general du Service de police de Saint John situe au Peel Plaza, Saint John, Nouveau - Brunswick, au moyen du formulaire prescrit a 1'annexe « C » du present ARRETE. Les PERMIS D'EXPLOITANT DE TAXI et les vignettes d'identification delivres peuvent &re ramasses a cet endroit. 8(2) L'INSPECTEUR DES TAXIS delivre un FERMIS D'EXPLOITANT DE TAXI a la personne qui le demande lorsqu'il est convaincu qu'elle : a) a veridiquement rempli le formulaire de demande; b) s'est soumise et a passe avec succes la verification des mom (h) has satisfactorily completed the educational /training program, as prescribed by Schedule "A ". 8(3) The fee for a Taxicab Operator's License is fifty ($50.00) dollars. 8(4) A Taxicab Operator's License issued under this By -law expires at 11:59 p.m. on the Taxicab Operator's next birthday. 8(5) A Taxicab Operator whose Taxicab Operator's License has been lost or accidentally destroyed may apply for and obtain from the 250 h) a complete avec succes le programme d'education et de formation, tel que prescrit a 1'annexe « A ». 8(3) Le droit afferent au PERMIS D'EXPLOITANT DE TAXI est de cinquante dollars. 8(4) Le PERMIS D'EXPLOITANT DE TAXI delivre en vertu du present ARRETE expire a 23 h 59 le jour du prochain anniversaire de naissance de 1'EXPLOITANT DE TAXI. 8(5) L'EXPLOITANT DE TAXI dont le PERMIS D'EXPLOITANT DE TAXI a ete perdu Ou detruit accidentellement peut presenter une demande a Vulnerable Sectors Check; antecedents en vue d'un travail aupres de personnes (c) has paid the Taxicab Operator's vulnerables; License fee of fifty dollars ($50.00) c) a acquitte le droit de PERMIS (d) has established that he is at least D'EXPLOITANT DE TAXI de cinquante dollars; nineteen (19) years of age; d) a prouve qu'elle est dgee d'au (e) has established that he has a moins dix -neuf ans; minimum of two (2) years licensed driving experience; e) a prouve qu'elle compte au moins deux annees d'experience (f) holds a current valid driver's de conduite; license that has been issued to him under the Motor Vehicle Act with a f) detient un permis de conduire minimum of four (4) points en cours de validite, avec un minimum de quatre points, qui remaining, which authorizes him to lui a ete delivre sous le regime operate a motor vehicle as a de la Loi sur les vehicules d Taxicab; moteur, et qui 1'autorise a exploiter un vehicule a moteur (g) is not a person who is disqualified comme TAXI; under this By -law from holding a g) nest pas inadmissible en vertu license; du present ANTE a detenir un permis; (h) has satisfactorily completed the educational /training program, as prescribed by Schedule "A ". 8(3) The fee for a Taxicab Operator's License is fifty ($50.00) dollars. 8(4) A Taxicab Operator's License issued under this By -law expires at 11:59 p.m. on the Taxicab Operator's next birthday. 8(5) A Taxicab Operator whose Taxicab Operator's License has been lost or accidentally destroyed may apply for and obtain from the 250 h) a complete avec succes le programme d'education et de formation, tel que prescrit a 1'annexe « A ». 8(3) Le droit afferent au PERMIS D'EXPLOITANT DE TAXI est de cinquante dollars. 8(4) Le PERMIS D'EXPLOITANT DE TAXI delivre en vertu du present ARRETE expire a 23 h 59 le jour du prochain anniversaire de naissance de 1'EXPLOITANT DE TAXI. 8(5) L'EXPLOITANT DE TAXI dont le PERMIS D'EXPLOITANT DE TAXI a ete perdu Ou detruit accidentellement peut presenter une demande a -19- Taxicab Inspector at the Saint John Police Force Headquarters at Peel Plaza, Saint John, NB a replacement upon the payment of an administration fee of fifteen ($15.00) Dollars. l'INSPECTEUR DES TAXIS, au quartier general du Service de police de Saint John situe au Peel Plaza, Saint John, Nouveau - Brunswick, en vue d'obtenir un permis de remplacement sur paiement des frais d'administration de quinze dollars. Obligations of Taxicab Operator Obligations de 1'EXPLOITANT DE TAXI 9. A Taxicab Operator shall : 9. L'EXPLOITANT DE TAXI: (a) notify the Taxicab Inspector, in a) avise par ecrit 1'INSPECTEUR DES TAXIS writing, prior to changing his avant de cesser de travailler pour un employment or affiliation from one PROPRIETAIRE DE TAXI et de commencer Taxicab Owner to another Taxicab a travailler pour un autre, et paie a Owner, and pay to the Taxicab 1'INSPECTEUR DES TAXIS des frais d'administration de quinze dollars; Inspector an administration fee of $15.00; b) s'abstient d'utiliser un langage offensant, insultant ou obscene pendant (b) not use abusive, insulting or qu'il exploite un TAXI; obscene language while operating a Taxicab; c) a une apparence propre et soignee et fait preuve de courtoisie pendant qu'il exploite un TAXI; (c) be neat, clean and courteous while operating a Taxicab; d) permet uniquement aux voyageurs payants d'occuper le TAXI pendant qu'il (d) allow only paying passengers to est exploite a ce titre ou est en service occupy the Taxicab while it is en attente d'appel; being operated as a Taxicab or is in service waiting for a call; e) sous reserve des dispositifs de regulation de la circulation ou des (e) subject to the directions of police directives des agents de police ou du client, emploie le chemin le plus court officers or of traffic control devices pour se rendre du point de depart au or the customer, proceed by the point de destination; shortest legal route from the pick- up point to the destination point; f) affiche son permis dans le TAXI qu'il exploite a un endroit ou les voyageurs (f) display his license in the Taxicab peuvent facilement le voir et permet a that he is operating in a position ceux -ci de Finspecter; 251 -20- where the license can be easily seen by passengers, and allow them to inspect it; (g) allow any member of the Saint John Police Force, at all reasonable times, to inspect the Taxicab, his Taxicab Operator's License, the Taxicab Owner's License, the Taxicab Meter used to calculate Metered Rates, and the identification decals that are displayed in or upon the Taxicab; (h) subject to requesting and receiving the permission of his passenger, not pick up any other passenger; g) permet a toute heure raisonnable aux membres du Service de police de Saint John d'inspecter le TAXI, son PERMIS D'EXPLOITANT DE TAXI, le PERMIS DE PROPRIETAIRE DE TAXI, le TAXIMETRE utilise pour calculer les tarifs et les vignettes d'identification appos &es dans le TAXI ou sur celui -ci; h) s'abstient de prendre un autre voyageur a moins d' avoir pr&alablement demand& et obtenu Fautorisation du voyageur d &j a dans le TAXI; i) ne peut etre en service pendant plus de douze heures au cours d'une p&riode de vingt- quatre heures; (i) not be on duty for more than j) permet a toute personne qui desire twelve (12) hours in any twenty- retenir ses services d'inspecter son four (24) hour period; PERMIS D'EXPLOITANT DE TAXI ainsi que le PERMIS DE PROPRIETAIRE DE TAXI; (j) permit any person wishing to hire k) s'abstient de refuser de transporter une his Taxicab to inspect his Taxicab personne contre remuneration pendant Operator's License and the Taxicab qu'il est en service, a moins que Owner's License; (k) not refuse to transport a person for hire while he is on duty unless : i. ses services ne soient d&ja retenus; ou i. he is previously engaged; or ii. he is of the opinion that the person may cause him personal injury or may cause damage to his vehicle; or 252 ii. it estime que la personne pourrait lui causer des blessures ou endommager son v &hicule; ou iii. la personne qui desire retenir ses services ne soit pas en mesure de le convaincre que le prix de la course sera pay &; -21 - iii. the person wishing to hire the Taxicab is not 1) able to satisfy the Taxicab Operator that the fare will be paid; (1) Not stop, stand or park his Taxicab on a public street other than at a Taxicab Standby unless he is picking up or dropping off a passenger and, if applicable, his luggage; (m)Not have the roof sign of his Taxicab illuminated unless the Taxicab is at that time available for hire; (n) Comply with notices that are issued to him by the Taxicab Inspector with respect to violations of this By -law; (o) While on duty, wear a shirt with a collar, long dress pants, and shoes and socks. s'abstient d'arreter, d'immobiliser ou de stationner son TAXI sur une rue publique autre qu'un POSTE DE TAXIS, sauf pour faire monter ou descendre un voyageur et charger ou decharger ses bagages, le cas echeant; m) s'abstient d'allumer 1'enseigne lumineuse sur le toit de son TAXI a moins que le TAXI ne soit alors disponible pour le transport de voyageurs; n) se conforme aux avis que lui remet 1'INSPECTEUR DES TAXIS relativement a des infractions au present ARRETE; o) pendant qu'il travaille, porte une chemise, des pantalons propres, des souliers et des bas. Conditions of Use of Motor Vehicle as a Modalites d'utilisation d'un vehicule a Taxicab moteur comme TAXI 10(1) No person shall permit a motor vehicle owned by him to be used as a Taxicab within the City unless: (a) he has a valid Taxicab Owner's License for the vehicle and the license is displayed in the vehicle in a position 253 10(1) Il est interdit an proprietaire d'un vehicule a moteur de permettre que son vehicule soit utilise comme TAXI a 1'interieur de la MUNICIPALITE a moins que les conditions suivantes ne soient reunies : a) it est titulaire d'un PERMIS DE PROPRIETAIRE DE TAXI valide a 1'egard du vehicule et ce permis est affiche a 1'interieur du vehicule a un endroit oiu it -22- where it can be easily seen and peut facilement etre vu et inspect& par inspected by a passenger; les voyageurs; (b) the operator is in possession of a b) 1'exploitant est titulaire d'un PERMIS D'EXPLOITANT DE TAXI valide et d'un valid Taxicab Operator's License and a permis de conduire valide et en vigueur current valid driver's license under the delivr& sous le regime de la Loi sur les Motor Vehicle Act; vehicules a moteur; (c) the motor vehicle bears a validly c) le vehicule a moteur porte une plaque issued and registered « H plate » license d'immatriculation « H » validement plate issued under the Motor Vehicle enregistree et &mise conformement a la Act; Loi sur les vehicules a moteur; (d) a registered, calibrated and sealed Taxicab Meter, which has been installed by the Taxicab Owner and programmed and calibrated in accordance with Schedule `B" to this By -law, has been inspected by the Taxicab Inspector; (e) Schedule "B" to this By -law, which shall be subject to review on an annual basis by the Committee, is securely affixed to the rear driver's side window of the Taxicab so that it can be easily seen and read by persons entering the motor vehicle; (f) identification decals issued by the Taxicab Inspector for that motor vehicle are securely affixed to the upper left corner of its rear window and to the window of each of its front doors; d) le vehicule est muni d'un TAXIMETRE enregistre, calibre et scelle, qui a et& install& par le PROPRIETAIRE DU TAXI, programme et calibre conformement a 1'annexe «B» du present ARRETE et inspect& par L'INSPECTEUR DES TAXIS; e) L'annexe « B » du present ARRP-T$, qui doit etre soumise a une revision annuelle par le COMITE, est solidement coll&e sur la vitre de la porte arriere du cote du conducteur du TAXI de fagon a ce que les personnel qui entrent dans le vehicule a moteur puissent facilement la voir et la lire; f) des vignettes d'identification livr&es par 1'INSPECTEUR DES TAXIS a 1'egard du vehicule sont collees solidement au coin superieur gauche de la lunette arriere et sur la vitre de chacune des portes avant; (g) subject to section 15, a sign is g) sous reserve de Particle 15, une attached to the roof while it is being enseigne est fixee sur le toit du vehicule used as a Taxicab. The sign shall pendant qu'il est utilise comme TAXI. indicate that the motor vehicle is a L'enseigne indique que le vehicule a moteur est un TAXI et est illuminee 254 -23- Taxicab, and shall be illuminated only while the Taxicab is available for hire; (h) the motor vehicle has a minimum of four (4) doors and is powered by an engine with a minimum four (4) cylinders; (i) the motor vehicle, by reference to the Vehicle Identification Number (VIN) and any other identifying information, is at the time of licensing under this By -law, seven (7) years old or newer having regard to the year of manufacture; (j) notwithstanding paragraph (i) above, motor vehicles that have been customized to serve as wheelchair accessible Taxicabs shall, at the time of licensing under this By -law, be twelve (12) years old or newer; (k) paragraphs (h) and (i) shall come into effect at the time the annual inspections of the Taxicabs are carried out by the Taxicab Inspector in May of 2016 and no motor vehicles that are in service as a Taxicab under this By -law prior to that date shall be exempted from the application of the requirements prescribed in paragraphs (h) and (i). 10(2) A fully functioning and calibrated Taxicab Meter programmed in accordance with Schedule `B" shall be installed and in operation in every Taxicab in the City by not later than May 31St, 2016. 255 uniquement pendant que le v6hicule est disponible a cette fin; h) le v6hicule a moteur est muni d'au moins quatre portes et est aliment& par un moteur d'au moins quatre cylindres; i) le v6hicule a moteur, en s'y r6f6rant par son num6ro d'identification du v6hicule (NIV) et par toute autre information permettant de l'identifier, a au moment oiu le permis est delivr6 en vertu du pr6sent ARRETE, au plus 7 ans, eu 6gard a 1'annee de fabrication du v6hicule; j) nonobstant 1'alin6a i) plus haut, les v6hicules a moteur qui ont ete adapt6s pour permettre 1'acces aux fauteuils roulants doivent, lors de 1'obtention du permis en vertu du pr6sent ARRETE, avoir ete fabriqu6s au cours des douze derrieres ann6es; k) les alin6as h) et i) prendront effet au moment des inspections annuelles des TAXIS qui seront effectu6es par 1'INSPECTEUR DES TAXIS en mai 2016 et aucun v6hicule qui op6rait comme TAXI en vertu du pr6sent ARRETE avant cette date ne sera exempt6 de 1'application des exigences pr6vues aux alin6as h) et i). 10(2) Un TAXIMETRE pleinement fonctionnel et calibr6, programm6 conform6ment a 1'annexe « B >>, devra &re install& et en fonction dans tous les TAXIS de la MUNICIPALITE au plus tard le 31 mai 2016. -24- 256 Taxicab Owner's License PERMIS DE PROPRIETAIRE DE TAXI 11(1) An application for a Taxicab Owner's 11(1) La demande de PERMIS DE License shall be submitted to the Taxicab PROPRIETAME DE TAXI est presentee A Inspector at the Saint John Police Force FINSPECTEUR DES TAXIS, au quartier Headquarters at Peel Plaza, Saint John, NB on general du Service de police de Saint the form prescribed as Schedule "D". Taxicab John situe au Peel Plaza, Saint John, Licenses and identification decals that are Nouveau - Brunswick, au moyen du issued may be picked up at that location. formulaire prescrit a Fannexe « D ». Les PERMIS DE TAXI et les vignettes d'identification delivres peuvent &re ramasses A cet endroit. 11(2) The Taxicab Inspector shall issue to the 11(2) L'INSPECTEUR DES TAXIS delivre a la applicant a Taxicab Owner's License, personne qui le demande, pour son vehicule a identification decals and decals setting out moteur, un PERMIS DE PROPRIETAIRE DE TAXI, Schedule `B" of this By -law to an applicant des vignettes d'identification et des vignettes for his motor vehicle if the Taxicab Inspector is decrivant l'information contenue A satisfied that : Fannexe « B » du present ARRETE, lorsqu'il est convaincu de ce qui suit (a) the applicant has truthfully completed and submitted the Schedule a) elle a veridiquement rempli le "D" application to him; formulaire de 1'annexe « D » et le lui a remis; (b) the vehicle is registered for the b) le vehicule est immatricule pour current year under the Motor Vehicle Fannee en cours sous le regime de la Act for use as a Taxicab, and displays Loi sur les vehicules a moteur en vue the appropriate registration as well as a de son utilisation comme TAXI et motor vehicle certificate of inspection affiche les preuves d'immatriculation that was issued not more than thirty (30) pertinentes ainsi qu'un certificat d'inspection qui a ete delivre trente days before the date on the application; jours au plus avant la date de la demande; (c) the applicant has property damage and public liability insurance coverage c) elle a obtenu, d'un assureur titulaire on the motor vehicle in the name of the d'une licence delivree par la province registered owner of that motor vehicle du Nouveau - Brunswick, au nom du in the amount of at least $2,000,000.00 proprietaire du vehicule A moteur, une from an insurance company that is assurance contre les dommages materiels et la responsabilite civile A licensed to carry on business in New raison d'une somme minimale de Brunswick; 2 000 000 $ A 1' egard du vehicule A 256 -25- 257 moteur; (d) the certificate of insurance evidencing the insurance coverage d) le certificat d'assurance qui prouve la stipulated pursuant to paragraph (c) couverture d'assurance conformement A above shall also state that the insurer 1'alinea c) plus haut doit aussi indiquer que 1'assureur doit informer, par ecrit, shall advise the Taxicab Inspector in lINSPECTEUR DES TAXIS, de tout writing of any changes to, or changement ou de 1'annulation de la cancellation of, the insurance coverage couverture d'assurance, au moins trente not less than thirty (30) days before jours avant que les changements ou such changes or cancellation are to take 1'annulation entrent en vigueur. effect; e) ni elle, ni un dirigeant ou (e) neither the applicant nor an officer administrateur de son entreprise nest inadmissible A detenir un permis en or a director of an applicant is vertu du present ARRET$; disqualified from holding a license under this By -law; f) le droit de cent cinquante dollars a ete acquitte; (f) the fee in the amount of one hundred and fifty ($150.00) Dollars has g) ni elle, ni un dirigeant ou been paid; administrateur de son entreprise ne sont ages de moins de dix -neuf ans. (g) neither the applicant nor an officer 11(3) Si un TAXI est mis hors service, or a director of the applicant is less than volontairement ou A la demande de nineteen (19) years of age. 1'INSPECTEUR DES TAXIS, tous les processus et droits vises par le present ARRETE, 11(3) If a Taxicab is taken out of service s'appliqueront. voluntarily or by order of the Taxicab Inspector, all applicable processes and fees contemplated under this By -law shall apply. Obligations of Taxicab Owner's License Obligations du titulaire d'un PERMIS DE Holder PROPRIETAIRE DE TAXI 12(1) The holder of a Taxicab Owner's 12(1) Le titulaire d'un PERMIS DE License shall: PROPRIETAIRE DE TAXI: (a) promptly notify the Taxicab a) remet sans delai A 1'INSPECTEUR Inspector, in writing, as to : DES TAXIS un avis ecrit indiquant : i. the name and address of any person who will be i. le nom et 1'adresse de operating the Taxicab; toute personne qui exploitera le TAXI; 257 -26- ii. the name and address of ii. le nom et 1'adresse de any Taxicab Operator tout EXPLOITANT DE who has left his TAXI qui a quitte son employment during the emploi au tours de la previous week; semaine precedente; iii. the particulars of any iii. les details de toute Taxicab registration plate plaque which has been issued by d'immatriculation de the Province of New TAXI delivree par la Brunswick for the motor province du Nouveau - vehicle; Brunswick a 1'egard du vehicule a moteur; iv. the sale of a motor vehicle which has been iv. la vente d'un vehicule a used as a Taxicab. moteur qui a ete utilise comme TAXI. (b) ensure that the Taxicab is free of b) veille a ce que la carrosserie ne exterior body damage, and, subject to soit pas endommagee et a ce weather conditions, is in a clean que le TAXI soit propre tant a condition both inside and outside; 1'interieur qu'a 1'exterieur, sous reserve des conditions (c) ensure that the Taxicab is seven meteorologiques; years old or newer having regard to c) veille a ce que le TAXI ait au paragraph 10(1)(i) hereof; plus sept ans, eu egard a 1'alinea I0(1)i); (d) provide the Taxicab Inspector with a copy of each Certificate of Inspection d) remet a 1'INSPECTEUR DES TAXIS issued for a Taxicab within ten (10) une copie de chaque CERTIFICAT D'INSPECTION delivre a 1'egard days of receiving it; d'un TAXI dans les dix jours suivant sa reception; (e) not permit a Taxicab Operator to operate a Taxicab or Taxicabs on his e) ne permet pas a un EXPLOITANT behalf for more than twelve (12) hours DE TAXI d'exploiter un ou des in any twenty -four (24) hour period; TAXIS pour son compte pendant plus de douze heures au cours dune periode de vingt- quatre (f) maintain the required insurance heures• coverage specified in section 11 hereof until the owner ceases using the motor f) maintient 1'assurance exigee, 258 -27- vehicle as a Taxicab; prevue A Particle 11, jusqu'A ce qu'il cesse d'utiliser le vehicule (g) allow any member of the Saint A moteur COMM TAXI; John Police Force to inspect his Taxicab at any reasonable time; g) permet A tout membre du Service de police de Saint John d'inspecter son TAXI A toute (h) comply with notices issued to him heure raisonnable; by any member of the Saint John Police Force with respect to a violation of this h) se conforme aux avis que lui By -law. remet un membre du Service de police de Saint John relativement A une infraction au present ARRETE. 12(2) The fee for a Taxicab Owner's License 12(2) Le droit afferent au PERMIS DE is one hundred and fifty ($150.00) dollars. PROPRIETAIRE DE TAXI est de cent cinquante dollars. 12(3) A Taxicab Owner's License issued 12(3) Un PERMIS DE PROPRIETAIRE DE TAXI, under this By -law expires at 11:59p.m. on May delivrs en vertu du present ARRETE, expire A 31st of the following year provided that at all 23 h 59 le 31 mai de l'annee suivante, pourvu times the Taxicab in question has a que ledit TAXI soit, en tout temps, pourvu valid/unexpired motor vehicle registration d'une immatriculation pour vehicule A moteur under the Motor Vehicle Act. qui est valide et qui nest pas expirse, conformement A la Loi sur les vehicules a moteur. 12(4) A Taxicab Owner whose Taxicab 12(4) Le PROPRIETAIRE DE TAXI dont le Owner's License has been lost or accidentally PERMIS DE PROPRItTAME DE TAXI a ete perdu destroyed shall, if he wishes to continue using ou dstruit accidentellement et qui desire the vehicle as a Taxicab, obtain a replacement continuer A utiliser le vehicule comme TAXI from the Taxicab Inspector upon the payment obtient un nouveau permis de FINSPECTEUR of a $15.00 fee. DES TAXIS sur paiement des frais de quinze dollars. 12(5) A Taxicab Owner's License may, upon 12(5) Sur paiement des frais de quinze dollars the payment of a $15.00 fee to the Taxicab A 1'INSPECTEUR DES TAXIS, le PERMIS DE Inspector, be transferred to a person who is not PROPRIETAmE DE TAXI peut etre transfers A une disqualified from holding a license under this personne qui nest pas inadmissible A detenir By -law and has been approved for a Taxicab un permis en vertu du present ARRETE et qui a Owner's License by the Taxicab Inspector. obtenu 1'autorisation de FINSPECTEUR DES TAXIS A detenir un PERMIS DE PROPRIETAIRE DE TAXI. 259 MKM 260 Refusal to Issue, Suspension and Revocation Refus de delivrer un permis et suspension et of License revocation des permis 13. The Taxicab Inspector, after having 13. Apr6s avoir donne a la personne la given the person an opportunity to appear possibilit6 de comparai'lre devant lui afin de before him to refute the information that the refuter les renseignements dont it est saisi, Taxicab Inspector has before him, shall: FI NSPECTEVR DES TAXIS a) refuse de delivrer un permis a (a) refuse to issue a license to a person une personne qui est who is disqualified from obtaining or inadmissible a obtenir ou a holding a license under this By -law; detenir un permis en vertu du present ARRETE; (b) suspend the license of a person who refuses or fails to comply with a b) suspend le permis dune personne qui refuse ou omet de notice issued by any member of the se conformer a Favis que lui a Saint John Police Force to comply with remis un membre du Service de this By -law. The suspensions shall be police de Saint John three (3) consecutive business days relativement a une infraction au upon a first refusal or failure, five (5) present ARRETE. La duree d'une consecutive business days for a second suspension est de trois jours ouvrables consecutifs en cas de refusal or failure, and seven (7) premier refus ou omission, de consecutive business days for a third or cinq jours ouvrables consecutifs subsequent refusal or failure. For the en cas de deuxi&me refus ou purposes of this By -law a business day omission, et de sept jours is any day other than a Saturday or a ouvrables consecutifs en cas de Sunday or one of the holidays set out in refus ou d'omission the New Brunswick Days of Rest Act; subsequents. Aux fins du present ARRETE, un jour ouvrable s'entend de toute (c) cancel the license of any person journee autre qu'un samedi, un who is or becomes disqualified from dimanche ou un jour feri6 obtaining or holding a license under this mentionn6 dans la Loi sur les By -law by virtue of any reason jours de repos du Nouveau - identified in section 5 hereof, Brunswick; (d) upon the refusal, suspension or c) annule le permis de toute devient cancellation of a license provide the personne qui est ou inadmissible a obtenir ou a person with a written notice which sets detenir un permis en vertu du out the reasons for the decision. present ARRETE pour toute 260 -29- 261 raison mentionnee A Particle 5; d) en cas de refus, de suspension ou d'annulation d'un permis, remet a la personne visee un avis ecrit enongant les motifs de la decision. Judicial Review Appel 14. A person who has had his application 14. La personne dont la demande de permis for license refused by the Taxicab Inspector or a ete refusee par 1'INSPECTEUR DES TAXIS, ou has had his license suspended, cancelled or dont le permis a ete suspendu, annule ou revoked by the Taxicab Inspector, may apply to revoque par ce dernier, peut interjeter appel de the Court of Queen's Bench of New Brunswick 1'avis ecrit mentionne a 1'alinea 13d), a la Cour for Judicial Review of the written notice du Banc de la Reine du Nouveau - Brunswick, identified in paragraph 13(d) hereof within dans les trente jours suivant la signification thirty (30) days of the service or deemed reelle ou reputee de 1'avis de 1'INSPECTEURDES service of the Taxicab Inspector's written TAXIS. notice upon him. Taxicab Standbys POSTES DE TAXIS 15(1) Any Taxicab Operator whose Taxicab is 15(1) L'EXPLOITANT DE TAXI dont les available for hire on the basis that the fare will services sont offerts contre remuneration a la be paid at the end of the trip may take a fin de la course peut occuper un emplacement position in a Taxicab Standby when there is a inoccupe dans un POSTE DE TAXIS. vacancy. 15(2) A Taxicab Operator entering a Taxicab 15(2) L'EXPLOITANT DE TAXI qui entre dans Standby shall take the position at the rear of the un POSTE DE TAXIS prend 1'emplacement A last Taxicab in the Taxicab Standby. 1'arriere du dernier TAXI dans le poste. 15(3) Only the Taxicab that is in the front 15(3) Seul le TAXI qui se trouve dans position at a Taxicab Standby shall accept 1'emplacement A 1'avant du POSTE DE TAXIS 261 -30- passengers. accepte des voyageurs. 15(4) A Taxicab shall leave a Taxicab 15(4) L'EXPLOITANT DE TAXI quitte le PosTE Standby as soon as it has accepted a passenger. DE TAXIS des qu'il a accepte un voyageur. 15(5) All Taxicabs in a Taxicab Standby shall 15(5) Les TAXIS qui se trouvent dans un move ahead when a Taxicab that is in front POSTE DE TAXIS avancent des que le TAXI qui leaves. est en avant quitte le poste. 15(6) No Taxicab Owner or Taxicab Operator 15(6) Il est interdit au proprietaire ou a shall use a Taxicab Standby as a feeder for a PEXPLOITANT DE TAXI d'utiliser un POSTE DE stand that is located on private property. TAXIS comme point d'alimentation pour un poste situe sur une propriete privee. 15(7) No Taxicab Operator in a Taxicab 15(7) AACAn EXPLOITANT DE TAXI se trouvant Standby shall leave his Taxicab unattended in a dans un POSTE DE TAXIS ne laisse son vehicule Taxicab Standby or hinder or attempt to hinder sans surveillance ni n'empeche ou ne tente another Taxicab from leaving a Taxicab d'empecher un autre TAXI de quitter le poste. Standby. Taxicab Advisory Committee COMITE consultatif en matiere de taxis 16(1) The Committee is hereby established 16(1) Le COMITE est etabli par 1'ediction du upon enactment of this By -law. The Taxi present ARRETE. Le COMITE consultatif en Advisory Committee as it existed prior to the matiere de TAXIS, tel qu'i1 existait avant enactment of this By -law ceases to exist upon 1'ediction du present ARRETE, cesse d'exister such enactment and Common Council shall des son ediction et le CONSEIL COMMUNAL forthwith appoint and populate the Committee nomme immediatement les membres du pursuant to the requirements of this section of COMITE en vertu des exigences prevues dans the By -law. The Committee shall promote and cet article du present ARRETE. Le COMITE doit encourage service to the public, promouvoir et encourager le service au public, professionalism, and the interests of the le professionnalisme ainsi que les interets de Taxicab industry. 1'industrie du TAXI. 16(2) The Committee shall consist of seven 16(2) Le comite se compose de sept membres (7) members who shall be appointed by que nomme le CONSEIL COMMUNAL, selon les Common Council and shall consist o£ modalites suivantes : (a) the Taxicab Inspector a) un INSPECTEUR DES TAXIS (b) two (2) citizens who are not b) deux citoyens qui ne jouent aucun involved in the Taxicab industry and role dans 1'industrie du TAXI et qui have not been involved in it during the n , y ont joue aucun role au cours des five (5) years prior to their appointment cinq annees precedant leur 262 -31- 263 nomination (c) one (1) person who holds a valid c) une personne qui detient un PERMIS Taxicab Owner's License DE PROPRIETAIRE DE TAXI valide (d) one (1) person who holds a valid d) une personne qui detient un PERMIS Taxicab Operator's License D'EXPLOITANT DE TAXI valide (e) one (1) member of Common Council e) un membre du CONSEIL COMMUNAL of the City of Saint John de la MUNICIPALITE Saint John (f) one (1) member appointed from the f) un membre nomme par la Hospitality /Business Community. Communaute du tourisme on par le milieu des affaires. 16(3) The members of the Committee shall be 16(3) Les membres du COMITE sont nommes appointed for such term as Common Council par le CONSEIL COMMUNAL a titre amovible may direct and shall hold office at the pleasure pour la periode que fixe le conseil. of Common Council. 16(4) A member who is absent from three (3) 16(4) Le membre qui s'absente sans motif consecutive meetings of the Committee without valable, de trois reunions consecutives du cause shall be deemed to have resigned. COMITE, est repute avoir demissionne. 16(5) Should a vacancy occur on the 16(5) En cas de vacance au sein du COMITE, Committee for any reason other than the pour un motif autre que 1'expiration du mandat expiration of the term of a member, the d'un membre, le CONSEIL COMMUNAL nomme Common Council shall, within thirty (30) days un remplagant dans les trente jours suivant un of notification thereof, appoint a person to fill avis en ce sens, et la personne ainsi nommee the vacancy, and the person so appointed shall occupe le poste pour le reste du mandat du hold office for the remainder of the term of the membre ainsi remplace. member who is being replaced. 16(6) The Committee may make 16(6) Le COMITE peut presenter des recommendations to Common Council recommandations au CONSEIL COMMUNAL all respecting: sujet : (a) the setting of license fees; a) des droits de permis; (b) the role of the Taxicab industry; b) du role de l'industrie du TAXI; (c) any problems in the Taxicab c) des problemes de 1'industrie du TAXI; industry; 263 -32- (d) possible changes to by -laws and d) des changements 6ventuels a other statutes relevant to the Taxicab apporter aux arret6s et autres textes industry, including changes respecting 16gislatifs ayant une incidence sur Schedule `B" (which shall be made by Findustrie du TAxi, incluant des the Committee to Common Council changements a Fannexe « B )) (qui annually) and Educational devraient etre effectu6s par le COMITE Requirements. et pr6sent6s annuellement au CONSEIL COMMUNAL), et aux EXIGENCES EN MATIERE D'EDUCATION. 16(7) The Committee shall have no power to 16(7) Le COMITE n'a pas le pouvoir de resolve or mediate in individual disputes within trancher les litiges individuels se produisant au the Taxicab industry. sein de Findustrie du TAXI ou d'agir comme m6diateur dans de tell litiges. 16(8) The first members of the Committee 16(8) Les premiers membres du COMITE se shall meet within thirty (30) days of their r6unissent dans les trente jours suivant leur appointments to elect one of their members to nomination afin d'61ire l'un d'entre eux a titre be the Chairman. The members shall thereafter de pr6sident. Par la suite, les membres se meet in January of each year to elect a r6unissent au mois de janvier afin d'61ire le Chairman for the coming year. The members pr6sident de Fann6e suivante. Les membres se shall also meet at such other times the r6unissent 6galement aux autres moments ou le Chairman may call to conduct the business of pr6sident convoque une r6union pour the Committee. 1'exp&dition des affaires du COMITE. 16(9) The Committee shall record what is said 16(9) Le COMITE enregistre les d6lib&rations at its meetings with a sound recording machine tenues au cours de ses r6unions a Faide d'un and the person operating the sound recording appareil d'enregistrement sonore et la personne machine shall certify that the recording is an qui fait fonctionner 1' appareil atteste que accurate record of that meeting. Fenregistrement reproduit fid6lement les d61ib&rations. 16(10) The Committee may make rules for the 16(10) Le COMITE peut adopter des r6gles pour conduct of its business. 1'exp&dition de ses affaires. Offences Infractions 17(1) A person who violates a provision of 17(1) Quiconque contrevient au pr&sent this By -law commits an offence and is liable ARRETE est coupable d'une infraction et upon conviction to a fine of not less than One passible, sur d6claration de culpabilit6, d'une Hundred and Forty ($140.00) Dollars and not amende d'au moins cent quarante dollars et more than Two Thousand One Hundred d'au plus deux mille cent dollars. ($2,100.00) Dollars. 264 -33- 17(2) The Taxicab Inspector and the Common Clerk are designated and authorized to lay Information in the Provincial Court with respect to violations of this By -law. 17(3) A person who has committed a violation of a provision of this By -law may, not later than seventy -two (72) hours prior to the time set for a court hearing, pay the Cashiers Office in City Hall the minimum fine prescribed herein and upon such payment he is not to be prosecuted or further prosecuted for that offence. Repeal 18 A By -law of the City of Saint John enacted on the fifth day of July, 2004 entitled "A By -law Respecting The Regulation and Licensing of Owners and Operators of Taxicabs in the City of Saint John" and all amendments thereto is repealed on the coming into force 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 bv: 17(2) L'TNSPECTEUR DES TAxIS et le greffier communal sont les personnel designees pour deposer des d&nonciations devant la Cour provinciale a 1'6gard des infractions au present ARRETE et sont autoris &s A le faire. 17(3) Toute personne ayant contrevenu au present ARRETE peut, au plus tard soixante- douze heures avant la date fix &e pour Faudience du tribunal, payer au bureau du caissier de 1'H6tel de ville, Famende minimale prescrite au present ARRETE et, des ce paiement, elle ne peut faire Fobjet d'autres poursuites a 1' &gard de cette infraction. Abrogation 18 L'ARRETE de The City of Saint John edict& le 5 juillet 2004 et intitul& Arrete portant r&ementation des activites des proprietaires et exploitants de voitures -taxis et de l'octroi de permis aux proprietaires et exploitants de taxis dans The City of Saint John, ensemble ses modifications, est abrog& des Fentr &e en vigueur du pr &sent ARRETE. EN FOI DE QUOI The City of Saint John a fait apposer son sceau communal sur le pr &sent ARRETE le 2015, avec les signatures suivantes : Mayor/Maire Common Clerk/Greffier communal First Reading - Premiere lecture - Second Reading - Deuxi &me lecture - Third Reading - Troisi &me lecture - 265 34 266 -35- SCHEDULE « A)) 267 -36- SCHEDULE « B)) There shall be a Centrodyne brand Taxicab Meter installed in every Taxicab in the City that shall be calibrated and used to calculate Metered Rates in accordance with the parameters prescribed in this Schedule to the By -law. Initial Fee: Three Dollars ($3.00) for the first 67 meters of travel (67 meters = 1/24 mile) Distance Rate: Eleven Cents ($0.11) for every 67 meters of travel following the Initial Fee (this amounts to One Dollar and Sixty Four Cents ($1.64) per kilometre of travel) Waiting Rate: Eight and Three - Tenths of One Cent ($0.083) for the passage of every Ten (10) second period that elapses when the speed of the Taxicab falls below Twenty (20) kilometres per hour (KPH). Additional Passenger: One Dollar ($1.00) per person aged Six (6) Years and over. Hourly Rate: Fifty Dollars ($50.00) (Taxicab Meter off) by arrangement between the Taxicab Owner /Taxicab Operator and passenger(s). Contract Rate: By Taxicab Meter with contract discount by arrangement between Taxicab Owner /Taxicab Operator and client. Note: No additional fees or charges may be levied for Baggage Handling or for After Hours/Holiday service. IM -37- ANNEXE « B » Un TAXIMETRE de marque Centrodyne, calibre et utilise pour calculer les tarifs conformement aux parametres 6tablis dans la pr6sente annexe de 1'ARRETE, sera installe dans chaque TAXI operant dans la MUNICIPALITE. Tarif de depart : Trois dollars (3 $) pour les premiers 67 metres du trajet. (67 metres = 1/24 mile) Tarif selon la distance parcourue : Onze cents (0,11 $) pour chaque 67 metres du trajet parcourus suivant le tarif de depart (ceci equivaut a un dollar et soixante- quatre cents (1,64 $) par kilometre parcouru). Tarif lors de 1'attente : Huit et trois dixiemes de cent (0,083 $) pour chaque p6riode de dix secondes 6coul6es lorsque la vitesse du TAXI est reduite en delta de vingt kilometres a 1'heure (km /h). Passager additionnel : Un dollar (1 $) par passager age de six ans et plus. Tarif horaire : Cinquante dollars (50 $) (TAXiMETRE 6teint) par entente entre le PROPRIETAIRE DU TAXI et /ou 1'EXPLOITANT DU TAXI et le ou les passagers. Tarif contractuel : Par TAXIlVIETRE avec un rabais contractuel selon une entente entre le PROPRIETAIRE DU TAXI et /ou 1'EXPLOITANT DU TAXI et le client. Note : Aucun frais additionnel ne doit titre perqu pour la manutention des bagages ou pour le service offert apres les heures regulieres ou lors de cong6s f6ries. 269 MMM SCHEDULE « C » 1 Saint John Police Force �C +, mow' Taxi Division The City of Saint John Application - Taxicab OPERATOR License Side A To be Completed by Applicant: NEW RENEWAL Name in Full (Please Print): Date of Birth: Year /Month /Day NB Driver's License No. & Class: Birth Name: Telephone: (W (Cel (H) ): 1): Social Insurance Number: Number of Years Driving Experience (with NB Driver's License, or other identified province, country): Present Address: Postal Code: Have you ever been convicted of any criminal offence(s) in the past 5 years? If "YES" explain the nature of offence in the space provided below: N Y O E S 270 -39- Signature of Applicant Date of Application NOTE: Disqualification from obtaining a license if Applicant, within five (5) years prior, has been convicted of: an indictable offence under the Criminal Code of Canada; or 2 an offence of trafficking a narcotic or possessing a narcotic or importing a narcotic, contrary to the Controlled Drug & Substances Act; or 3 an offence of trafficking in a controlled or restricted drug or possession for the purpose of trafficking in a controlled or restricted drug, contrary to the Food and Drugs Act of Canada; or 4 an offence involving liquor contrary to Section 132 of the Liquor Control Act of New Brunswick; Or within one (1) vear prior. has been convicted of: a summary conviction offence under the Criminal Code of Canada; or 2 an offence under the Controlled Drug & Substances Act or the Food and Drugs Act of Canada or the Liquor Control Act of New Brunswick other than an offence mentioned above. 271 Application - Taxicab OPERATOR License X0-11 To be Reviewed by Applicant: It is the responsibility of the Applicant to complete the Form correctly. CHECKLIST: Please complete all documents prior to submitting Application Package to the Saint John Police Force Taxi Licensing Office. Check off boxes to ensure your Application can be processed. 0 D Be at least 19 years of age Side A completed - Taxicab OPERATOR License Application — completed by Applicant Taxicab Company Authorization Form — completed by company and Applicant Criminal Record Check documentation Class 4 New Brunswick Driver's License (Class 1, 2 or 3 / 4 also qualify) — photocopy in package One government ID (Medicare, Birth Certificate, Passport or Social Insurance) — photocopy in package Review Checklist Present completed Application Package in person to the Saint John Police Force — ONE Peel Plaza NOTE: Upon approval of the application, applicant will be contacted by the Saint John Police Force Taxi Licensing Office within 7 -10 business days, for an appointment for issuance. Payment and photo will be completed at this time. The above applicant is: Office Use Only APPROV ED 272 DENTE D -41 - Taxi Inspector: Date of Issuance: Received payment Receipt 273 -42- ANNEXE « C » _73 Service de police de Saint John Division des taxis = The City of Saint John Demande de permis — EXPLOITANT de taxi Cote A A remplir par Pauteur de la demande : ❑ NOUVELLE ❑ RENOUVELLEMENT Nom au complet (Caracteres d'imprimerie) Date de naissance Annee /mois /jour N° de permis de conduire du N. -B. et classe de permis : Nom a la naissance Telephone : (T) (Cel (M) 1): Numero d'assurance sociale : Nombre d'annees d'experience de conduite (avec un permis de conduire du N. -B., autre province ou autre pays): Ad resse actuelle Code postal Avez -vous ete reconnu coupable d'une quelconque infraction criminelle au cours des cinq dernieres annees? Si oui, veuillez expliquer la nature de ('infraction dans 1'espace prevu plus bas : 274 -43- Signature de I'auteur de la demande Date de la demande NOTE : II y a inadmissibilite a obtenir un permis si I'auteur de la demande a, au cours des cinq annees precedentes, ete reconnu coupable : d'un acte criminel en vertu du Code criminel du Canada; ou 2 d'une infraction de trafic ou de possession ou d'importation de stupefiants en contravention a la Loi reglementant certaines drogues et autres substances; ou 3 d'une infraction de trafic ou de possession dans le but de faire le trafic d'une drogue controlee ou d'une drogue d'usage restreint, en contravention a la Loi sur les aliments et drogues du Canada; ou 4 d'une infraction relative a I'alcool, en contravention a I'article 132 de la Loi sur la reglementation des alcools du Nouveau - Brunswick ; ou dans I'annee precedente, a ete condamne pour: une infraction punissable sur declaration de culpabilite par procedure sommaire en vertu du Code criminel du Canada; ou 2 une infraction en vertu de la Loi reglementant certaines drogues et autres substances ou de la Loi sur les aliments et drogues du Canada ou de la Loi sur la reglementation des alcools du Nouveau - Brunswick, autre qu'une infraction mentionnee plus haut. 275 N O O U N I Signature de I'auteur de la demande Date de la demande NOTE : II y a inadmissibilite a obtenir un permis si I'auteur de la demande a, au cours des cinq annees precedentes, ete reconnu coupable : d'un acte criminel en vertu du Code criminel du Canada; ou 2 d'une infraction de trafic ou de possession ou d'importation de stupefiants en contravention a la Loi reglementant certaines drogues et autres substances; ou 3 d'une infraction de trafic ou de possession dans le but de faire le trafic d'une drogue controlee ou d'une drogue d'usage restreint, en contravention a la Loi sur les aliments et drogues du Canada; ou 4 d'une infraction relative a I'alcool, en contravention a I'article 132 de la Loi sur la reglementation des alcools du Nouveau - Brunswick ; ou dans I'annee precedente, a ete condamne pour: une infraction punissable sur declaration de culpabilite par procedure sommaire en vertu du Code criminel du Canada; ou 2 une infraction en vertu de la Loi reglementant certaines drogues et autres substances ou de la Loi sur les aliments et drogues du Canada ou de la Loi sur la reglementation des alcools du Nouveau - Brunswick, autre qu'une infraction mentionnee plus haut. 275 Demande de permis — EXPLOITANT de taxi AMM-13 A lire par I'auteur de la demande : II incombe a I'auteur de la demande de remplir le formulaire correctement. LISTE DE CONTROLE : Veuillez remplir tous les documents avant de remettre la trousse de demande au bureau des permis de taxis du Service de police de Saint John. Cochez les cases afin de vous assurer que votre demande puisse etre traitee. 0 n D Etre age d'au moins 19 ans Cote A rempli — Demande de permis d'EXPLOITANT de taxi — rempli par I'auteur de la demande Formulaire d'autorisation de la compagnie de taxi — rempli par la compagnie et par I'auteur de la demande Documentation associee a la verification du casier judiciaire Permis de conduire du Nouveau - Brunswick de classe 4 (classes 1, 2 ou 3 / 4 sont aussi admissibles) — photocopie dans la trousse Une piece d'identite emise par le gouvernement (assurance- maladie, acte de naissance, passeport ou assurance sociale) — photocopie dans la trousse Verifier la Iiste de controle Remettre en personne la trousse de demande remplie au Service de police de Saint John — UN Peel Plaza NOTE : Une fois la demande de permis approuvee, I'auteur de la demande sera contacte par le bureau des permis de taxis du Service de police de Saint John, dans les 7 a 10 jours ouvrables, pour prendre rendez -vous pour la delivrance du permis. Le paiement sera effectue et la photo sera prise a ce moment. L'auteur de la demande ci -haut est Reserve a /'usage interne APPRO U VE 276 REFUS E -45- Inspecteur des taxis : Date de delivrance Paiement regu N° du regu : 277 ., SCHEDULE « D » Saint John Police Force Application — Taxicab VEHICLE OWNER License Side A To be Completed by Applicant: H Plate No.: Ye Mak ar: e: Registered Owners Name (as written on MV Registration - Please Print): Address: ❑ NEW Mod el: Postal Code: ❑ RENEWAL Date of Telephone: (W (Cel Birth: (H) ): 1): Year /Month /Day Colo u r: NOTE: If the Registered Owner is an incorporated company, all officers and /or directors of the said company must be listed. If more than one owner, please attach an additional sheet for each officer /director. Name in Full Date of (Please Print): Birth: Year /Month /Day Have you ever been convicted of any criminal offence(s) in the past 5 years? If "YES" explain the nature of offence in the space provided below: N Y O E S 278 ❑ LIMOUS -47- Signature of Applicant Date of Application NOTE: Disqualification from obtaining a license if Applicant, within five (5) years prior, has been convicted of: 1 an indictable offence under the Criminal Code of Canada; or 2 an offence of trafficking a narcotic or possessing a narcotic or importing a narcotic, contrary to the Controlled Drug & Substances Act; or 3 an offence of trafficking in a controlled or restricted drug or possession for the purpose of trafficking in a controlled or restricted drug, contrary to the Food and Drugs Act of Canada; or 4 an offence involving liquor contrary to Section 132 of the Liquor Control Act of New Brunswick; Or within one (1) year prior, has been convicted of: 1 a summary conviction offence under the Criminal Code of Canada; or 2 an offence under the Controlled Drug & Substances Act or the Food and Drugs Act of Canada or the Liquor Control Act of New Brunswick other than an offence mentioned above. 279 Application — Taxicab VEHICLE OWNER License X0_11 To be Reviewed by Applicant: It is the responsibility of the Applicant to complete the Form correctly. CHECKLIST: Please complete all documents prior to submitting Application Package to the Saint John Police Force Front Desk — ONE Peel Plaza. Check off boxes to ensure your Application can be processed. D a 0 D F-1 0 Be at least 19 years of age Side A completed - Taxicab VEHICLE OWNER License Application — completed by Applicant Taxicab Company Authorization Form — completed by company and Applicant Criminal Record Check documentation Driver's License or Picture ID with embedded signature — photocopy in package One government ID (Medicare, Birth Certificate, Passport or Social Insurance) — photocopy in package Vehicle Registration — photocopy in package Vehicle Insurance — wallet size AND policy showing $1,000,000 liability insurance coverage - photocopy in package Motor Vehicle Inspection Certificate — photocopy in package Review Checklist Present completed Application Package in person to the Saint John Police Force — ONE Peel Plaza NOTE: Upon approval of the application, applicant will be contacted by the Saint John Police Force Taxi Licensing Office within 7 -10 business days, for an appointment for issuance. Payment and inspection will be completed at this time. The above applicant is: Office Use Only APPROV ED :1 DENTE D .• Taxi Inspector: Date of Issuance: Received payment Receipt #: Na -50- ANNEXE « D » ff% 4 Service de police de Saint John d h /U '•, - Cif Demande de permis — PROPRIETAIRE DE TAXI The City of Saint John Cote A A titre rempli par I'auteur de la demande : HNOUVELLE RENOUVELLEMENT LIMOUS N° de An Mar Mod Coul plaque nee que 61e: eur de type H: Nom du proprietaire (tel qu'inscrit sur I'immatriculation du vehicule a moteur — en caracteres d'imprimerie) Ad resse : Date de naissance Annee /mois /jour Telephone (M) Code postal (T) (Cel 1) : NOTE: Si le proprietaire est une compagnie constituee en corporation, tous les dirigeants et /ou les administrateurs de ladite compagnie doivent titre enumeres. S'il y a plus d'un proprietaire, veuillez joindre une feuille supplementaire pour chaque dirigeant ou administrateur. Nom au complet (en caracteres d'imprimerie) : r: Date de naissance Annee /mois /jour -51- Avez -vous ete reconnu coupable d'une quelconque infraction criminelle au cours des cinq dernieres annees? Si « OUI », veuillez expliquer la nature de ('infraction dans 1'espace prevu plus bas : N O O U N I Signature de I'auteur de la demande Date de la demande NOTE : II y a inadmissibilite a obtenir un permis si I'auteur de la demande a, au cours des cing annees precedentes, ete reconnu coupable : d'un acte criminel en vertu du Code criminel du Canada; ou 2 d'une infraction de trafic ou de possession ou d'importation de stupefiants en contravention a la Loi reglementant certaines drogues et autres substances; ou 3 d'une infraction de trafic ou de possession dans le but de faire le trafic d'une drogue controlee ou d'une drogue d'usage restreint, en contravention a la Loi sur les aliments et drogues du Canada; ou 4 d'une infraction relative a I'alcool, en contravention a I'article 132 de la Loi sur la reglementation des alcools du Nouveau - Brunswick ; Ou dans I'annee precedente, a ete condamne pour: 1 une infraction punissable sur declaration de culpabilite par procedure sommaire en vertu du Code criminel du Canada; ou une infraction en vertu de la Loi reglementant certaines drogues et autres 2 substances ou de la Loi sur les aliments et drogues du Canada ou de la Loi sur la reglementation des alcools du Nouveau - Brunswick, autre qu'une infraction mentionnee plus haut. Na -52- Demande de permis — PROPRIETAIRE DE TAXI Cote B A We rempli par I'auteur de la demande : II incombe a I'auteur de la demande de remplir le formulaire correctement. LISTE DE CONTROLE : Veuillez remplir tous les documents avant de remettre la trousse de demande a la reception du Service de police de Saint John — UN Peel Plaza. Cochez les cases afin de vous assurer que votre demande puisse etre traitee. Etre age d'au moins 19 ans Cote A rempli — Demande de permis de PROPRIETAIRE de taxi — rempli par I'auteur de la demande Formulaire d'autorisation de la compagnie de taxi — rempli par la compagnie et par I'auteur de la demande Documentation associee a la verification du casierjudiciaire Permis de conduire ou une piece d'identite avec photo et signature — photocopie dans la trousse Une piece d'identite emise par le gouvernement (assurance - maladie, acte de naissance, passeport ou assurance sociale) — photocopie dans la trousse ❑ Immatriculation du vehicule — photocopie dans la trousse Police d'assurance du vehicule — format portefeuille ET une police d'assurance responsabilite civile de 1 000 000 $ — photocopie dans la trousse Certificat d'inspection du vehicule a moteur — photocopie dans la trousse Verifier la liste de controle Remettre en personne la trousse de demande remplie au Service de police de Saint John — UN Peel Plaza NOTE : Une fois la demande de permis approuvee, I'auteur de la demande sera contacte par le bureau des permis de taxis du Service de police de Saint John, dans les 7 a 10 jours ouvrables, pour prendre rendez -vous pour la delivrance du permis. Le paiement et ['inspection seront effectues a ce moment. N L'auteur de la demande ci -haut est : Inspecteur des taxis: nPaiement requ -53- Reserve a /'usage interne APPROU VE N° du requ : NM Date de delivrance REFUS E Proposed Taxicab By -law Submitted by the Taxicab By -law Review Committee to Saint John Common Council May 11, 2015 Background -Comm Taxicab Advisory Committee concerns brought to Common Council: — Inconsistent and unfair taxi fares — Too many taxicabs for the Saint John market — Tourist complaints — overcharging, poor knowledge of landmarks and points of interest — Taxicabs being used to facilitate illegal activities / required background checks not as thorough as possible — Taxicabs that are old, unsafe, deteriorated, in poor operating condition 287 mm"000011" Taxicab By -law Review Committee • Amy Poffenroth — Chairperson • Councillor Bill Farren • Scott Brittain —City Solicitor's Office • Deputy Chief Glen McCloskey —Saint John Police Force • Sergeant Jeff Lafrance — Taxicab Inspector, Saint John Police Force • Lisa Mahaney —Saint John Police Force W-01 Stakeholder Consultati5'n • Taxicab Advisory Committee • Three Consultation sessions — Public bodies and organizations to represent users (2 sessions) • Tourism, trade and citizen groups • 23 organizations invited, 12 organizations attended — Taxicab industry • Reps from each Taxi company invited via random selection (owners and drivers) • 35 invited, 19 attended • All but 2 taxi companies were represented WE Reform R Two main Reform Objectives: 1. Public Safety • Offences • Driving Record • Training • Taxicab Requirements • Insurance 2. Fair and Reasonable Rates • Fares • Standard Rates 290 Highlights of Proposed -By -law 2011 -19 Reform Recommendations passed by Common Council and are reflected in proposed Taxicab By -law: 1. Public Safety — Vulnerable sectors clearance — Increased fines for violations — Training required to obtain /maintain license — Vehicle age not to exceed 7 years — Enhanced insurance coverage 2. Fair and Reasonable Rates — Meters required to be used in all taxicabs in the City, for use at all times — Standardized rates to be set by By -law 291 Implementation - Meyers Meters • Owners /operators will install the meters • Taxicab Inspector will calibrate, test the meters and install a "tamper- proof" seal • Cost to purchase — approx. $300 • Cost to install — approx. $100 292 Implementation — Metered 1T-ates Metered Rates • Initial rate - $3.00 for first 67 meters • Distance rate - $0.11 for subsequent 67 meters • Waiting rate - $30 /hour Rates are comparable to other municipalities across Canada 293 ■ 01 9=190[01 all e1:1 rw : a KOWA* Location (To and From) Nason Road to the Regional Hospital Duke Street Central to Regional Hospital Central to Airport McAllister Mall to Michael Crescent Reading Crescent to McAllister Mall Lakewood to McAllister Mall Central to McAllister Mall Central to Lancaster Mall Lower West to Lancaster Mall Lower West to Regional Hospital eter I Zone Driver Training Program • Language proficiency • Points of interest • Customer service and hospitality • Disability awareness • Defensive driving • Taxicab By -law training Taxicab Advisory Committee recommendation regarding training program due within one year 295 Administration and Transition Administration • Cost - recovery system • License and other by -law fees to be reviewed annually— no increases now Transition • 1 year (May 2016) for: — Meters — Vehicle age • All other by -law provisions effective upon 3rd reading • Driver training program recommendation within 1 year 296 Recommendation 1St and 2nd reading to proposed Taxicab By -law Advisory Committee recommend driver training curriculum and implementation plan within one year Advisory Committee review license and by -law fees in 2 years' time and annually thereafter • Advisory Committee review metered rates annually 297 REPORT TO COMMON COUNCIL M &C- 2015 -84 April 29, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Building Permit Application — Henderson Lake Area PID 00291278 Applicant: Dale Russell Owner: Dale Russell and Dana Russell Location: West side of Henderson Lake PID: 00291278 Municipal Plan Designation: Zoning: EXECUTIVE SUMMARY Rural Resource and Park and Natural Area Rural (RU) In 2014, City Staff received a complaint that a recreational dwelling (camp) had been constructed on a property bordering the west side of Henderson Lake without a Building Permit being applied for or issued. Following investigation of the complaint, it was determined the camp was indeed constructed illegally and as such a violation notice was issued. Following this, the owner submitted a building permit application to legalize the construction of the camp. Rage -1 of 8 298 The City of Saint John M &C- 2015 -84 1 29, 2015 The camp is located in a remote area of the City without Public roadway access or services. Access to the property is provided through a 3.2 kilometre long unmaintained right -of -way located partially on private property and a lake crossing as shown on Map 1. Community Planning and Development Staff have reviewed the application with other service areas and external agencies. Although advances in technology provide opportunities for certain services such as telephone and electrical power to be adequately provided to these types of dwellings, Staff do not recommend approval of the development on the basis of public safety concerns with the existing access which does not meet City standards. An alternative has also been provided for Common Council to consider that would involve the execution of a development agreement with the applicant, in accordance with Section 101 of the Community Planning Act, should Common Council choose to allow the development to continue. JURISDICTION OF COMMON COUNCIL While development applications normally come to Common Council in the form of a recommendation from the City's Planning Advisory Committee, in this case the development is on an existing lot, involves a use that is permitted by the Zoning By -law, and does not require any variances from the Zoning By -law. The only development approval required in these cases is the issuance of a Building Permit. In this case, the lack of provision of satisfactory access to the site prevents the Development Officer from endorsing the Building Permit. Such applications that cannot be endorsed by the Development Officer due to a lack of satisfactory servicing or access are within the jurisdiction of Common Council. Section 2.7(2) of the Zoning By -law provides for the denial of a building permit application by Common Council, should Council deem that satisfactory servicing does not exist for the development. "Council may prohibit the erection of any building in respect of which in the opinion of Council, satisfactory arrangement has not been made for the supply of electric power, water, sewerage, street or other services or facilities. " As a result of the access not being satisfactory to the Development Officer, Staff have brought this matter forward to Common Council in accordance with Section 2.7(2) of the Zoning By -law as this is a broader policy matter. Page 2 of 8 299 M & C-2015-84 April 29, 2015 ANALYSIS Existing Camp and Development Site The camp is located on a lot having an area of approximately 27 hectares (66.8 acres) and in close proximity to the City's western boundary. The storey and a half camp has a ground floor area of 62 square metres (672 square feet) and is located in the central portion of the property, approximately 145 metres from Henderson Lake. Lands surrounding the site are largely undeveloped. The locations of the existing substandard private right -of -way and camp are illustrated on Map 1 and Map 2. The camp was constructed in 2007 without the issuance of a building permit. City staff became aware of the camp's existence in 2014 through a complaint and following investigation of the complaint a violation notice was issued. Municipal Plan and Zoning The lot on which the camp is located is largely designated as Rural Resource with the western and eastern portions of the site designated as Park and Natural Area. While residential development on existing lots is permitted in Rural Resource areas, it must have direct frontage on Public Street. As areas designated as Park and Natural Area often are areas which include environmental features such as wetlands and watersheds development is discouraged in these areas. The property is zoned Rural (RU) which allows for the use of the existing property for a one -unit dwelling, subject to the provision of access and services. Staff note the zoning by -law does not distinguish between dwellings that are occupied full -time as a permanent residence and those occupied on an intermittent basis, such as camps. As a result, dwellings such as the existing camp are considered a one -unit dwelling for the purposes of the Zoning By -law. Municipal Plan and Zoning mapping is shown on Maps 3 and 4. Site Servicing and Access The City of Saint John, like other urban municipalities, does not have any specific development provisions for camps. As such, these developments are subject to the same standards as other forms of unserviced residential development that are inhabited permanently. These standards include a means of public access for emergency services via a public street, a means of on -site water supply and sewage disposal, and electrical and telephone servicing. Advancements in technology have provided a means of servicing relatively remote properties such as the subject site. Cellular communication, small -scale Page 3 of 8 300 M & C-2015- 84 April 29, 2015 electricity generation and propane appliances are used by the applicant at the site to provide communication and conveniences without connections to the power or telecommunications grid. Potable water is taken into the site by the applicant and wastewater disposal is provided by an outhouse and chemical toilet. The water supply, sewerage and grey water disposal used by the applicant are acceptable to the Department of Health and City Staff. Comments received from City service areas and external agencies, along with an assessment of the adequacy of the on -site servicing, are provided in Appendix A. City Staff have also reviewed the property with the Provincial Department of the Environment. While the western portion of the property is located within the East and West Musquash Watershed Protected Area, the portion of the property where the camp located is not within the Protected Area and therefore does not have an impact on the protected watershed. However, Staff note the camp is located within a Provincially Designated Wetland and have reviewed this matter with the Province. The Provincial Environment Department determined the camp was constructed without the issuance of a Watercourse and Wetland Alteration (WAWA) Permit and has informed the landowner of this and the requirement that any future work within the wetland will require issuance of a WAWA permit. While the property is a long- standing existing lot, the fact remains that the site access is deficient with respect to City standards and poses public safety risks. Access to the property is over an unmaintained roadway and lake as shown on Map 1 as follows: along Henderson Lake Road, an unmaintained public roadway, for a distance of approximately 1500 metres; along a private, unmaintained, right -of -way for a distance of approximately 950 metres; and a crossing of Henderson Lake by boat or all- terrain vehicle for a distance of approximately 800 metres. While the applicant has indicated that the portion of Henderson Lake Road and the private right -of -way is of sufficient width for access by either a truck or all - terrain vehicle, this only provides access to the eastern side of Henderson Lake. Access to the site beyond this point involves crossing Henderson Lake via boat. In addition, the City does not provide any winter maintenance to Henderson Lake Road, thus year round access from Henderson Lake Road is not available to the site. The Development Officer has not endorsed the Building Permit application as Growth and Community Services does not believe satisfactory access exists for the development site. The access is considered to be unsatisfactory based on the following considerations: Page 4 of 8 301 M & C-2015-84 April 29, 2015 • The access does not allow for year- round, all- weather access to the property by emergency vehicles such as an ambulance or fire apparatus. Should there be a fire or medical emergency at the camp, fire apparatus is unable to reach the property and a response for emergency medical services would require the use of the Fire Department's off -road vehicle to evacuate the patient to an ambulance for transport to hospital. From past experience, approval of developments on substandard accesses often result in a future expectation by landowners that the City will provide increased services and improvements to the access. This usually occurs at the City's expense. Challenges with Inappropriate Access Given the lack of direct public road access, which does not meet the standards of the building and fire codes, emergency response to the site may be restricted. In addition, as no maintenance services such as snow removal are provided along the land based portions of the existing access, the expectation could exist for the City to provide such services in the future. These two issues are discussed in more detail below. Emergency Access - The property does not have direct, year- round, all - weather access from a Public Street and snow removal is not provided to the Public section of Henderson Lake Road by the City. This lack of direct roadway access does not meet the requirements of the National Fire Code and National Building Code as noted in Appendix A. Although, the Saint John Fire Department has indicated that access to the site would be via the Saint John Fire Department's off road response vehicle and that this vehicle has tracks to allow for travel in snow, this vehicle is more suited to an emergency medical response / patient transport situation and not fire suppression. In addition, part of the legally deeded access to the site involves crossing Henderson Lake, requiring access by boat for part of the year. While measures, such as registered agreements between a municipality and property owners, can be used to ensure that private access roads are maintained, these agreements cannot remove the fundamental mandate of emergency service providers to respond to citizens in crisis situations. Regardless of delayed response time, and the challenges that must be overcome to reach residents, there will always be a response. In this case, the lack of a direct access has the potential to impact the response time to the site. Page 5 of 8 302 M & C - 2015 - 84 April 29, 2015 The lack of access also affects guests and persons who may possibly rent the property along with subsequent landowners. Future Roadway Upgrades - The future expectations of property owners along a private road access for improved municipal services must also be considered. From the City's past experience with private accesses, even when present landowners accept the condition of a substandard or private roadway and lack of other services (i.e., potential delay in emergency response, no road maintenance or snow ploughing, and no garbage collection), they, or a subsequent landowner, often seek improved service over time. Should the City be required to undertake future improvement to the portion of the access which involves Henderson Lake Road, the cost must be borne completely by taxpayers living elsewhere in the community. Due to these constraints, lots which do not directly abut a Public Street and utilize a private access are no longer approved by the Development Officer. Therefore Staff are of the opinion the development does not meet the test established in Section 2.7 (2) of the Zoning By -law in that satisfactory provision for access to the development does not exist. Despite Staff's recommendation regarding the application, Staff also recommend that the applicant be granted the opportunity to address Common Council regarding the matter as the final authority with respect to the application rests with Council. This will provide for an open and transparent process and allow Common Council to pose questions regarding the matter to the applicant. Alternative In the past, where applications have been made to construct a new building on a property with similar circumstances with respect to access, and the Development Officer was unable to endorse the Building Permit, Common Council has chosen to enter into a Section 101 Agreement. In accordance with Section 101 of the Community Planning Act, a developer can propose to establish conditions for a development and Common Council can enter into an agreement with the developer to assure the performance of the said conditions. Should Common Council wish legalize this camp, it could enter into such an agreement with the landowner to indemnify the City from any potential liability issues arising from a potential emergency response and future maintenance of the access. Page 6 of 8 303 M &C- 2015 -84 April 29, 2015 The landowner has proposed to agree that the City of Saint John does not and will not be providing municipal services to this property including maintenance of the access and not hold the City liable should it not be able to provide required services to the property. In addition, the landowner has agreed to utilise the structure only as a seasonal camp and provide an engineering report demonstrating the building meets the requirements of the National Building Code. Conclusion Consistent with past applications it is recommended that the permit not be endorsed as satisfactory access to the development is not provided. Should Common Council be satisfied with the access to the site, an alternative has been provided to approve the permit subject to Council entering into an agreement with the applicant pursuant to Section 101 of the Community Planning Act. RECOMMENDATION That the applicant, Dale Russell, be permitted to address Common Council regarding the application and to answer any questions that Council may have regarding the matter. 2. That Common Council deny the applicant's request to legalize the construction of an existing dwelling on a property located on the west side of Henderson Lake (PID00291278) in accordance with Section 2.7(2) of the Zoning By -law due to unsatisfactory arrangements for access to the site. 3. Should Common Council be satisfied with the applicant's proposal regarding the provision of services to the property, Common Council enter an into agreement with the applicant pursuant to Section 101 of the Community Planning Act setting out the following as outlined in the applicant's proposal: the structure will be utilized as a seasonal camp; the City of Saint John does not provide the full range of municipal services to the property including access via a Public Street, summer and winter roadway maintenance, and emergency response, and will not be providing these services to this property in the foreseeable future; the applicant will to retain a qualified professional to provide a written and stamped report demonstrating the building is structurally sound and meets the requirements of the National Building Code; and Page 7 of 8 304 M & C- 2015 -84 ril 29, 2015 • the applicant will not hold the City of Saint John liable should it not be able to provide the required services, understanding that services available in this location are not equal to those on other parts of the City. Upon this agreement being executed, the Building Permit Application can be endorsed by the Development Officer. Respectfully submitted, zlya Mark Reade, P.Eng., MCIP, RPP Senior Planner, Community Planning & Development Stacey Forfar, MBA, MCIP, RPP Deputy Commissioner, Growth & Community Development Services reline Hamilton, MURP, MCIP, RPP missioner, Growth & Community Development Services J. Patrick Woods, CGA City Manager Attachments Project No. 14 -1253 Page 8 of 8 305 C O y-+ U O J Q E co I'M O co J L a) O cn a) U U 2 C O co U O co J J. O 0 U C (6 C N C O Z -C_? (0 O w _ (Q U c O d ;i ,'•LF:r C E QLO LO co (O � r V) L Q O Q O UD o O I- 0 s m-0 r c� di r Y 0� J � O L 0 T� T 1 co r- r N N O CIS ° C" e:� a 0 a� L In L 2co J v a� U (D O a` c O U O J Q E (0 U V rn C (B m m C Y YJ C V-- Lo O 1 N r • 1 �/ Q U) Q 4— O 06 U� a� H a O 0 V � o J U) L a 1 OO NN r C) CL Q 4, �i ° Cl a 1�� "t , Lh z. C: E 0 LO Lo - LO T— I CO Z3 --L ci O < L13 ai Rs "t , Lh Z 308 , K � C: E 0 LO Lo - LO T— I CO Z3 --L ci O < Z 308 , K � N It CC o N dO INO b6, V. b c v� N N N � od, w c� o j. J 75- f0 :y J `t ei J r T 090 0 i 0 U M r_ E C Q Lf) � C � L +' O Q ° U� (D p 3.4. 75- f0 Gi O E a N - w N 0 .� U c � e � � U _ � N D ) IL :3 Appendix A — Service Area Comments and Servicing Assessment 310 Appendix A — Input from Other Service Areas and Assessment of Servicing As part of the review process, the application was circulated to City Service Areas and external agencies for comments. The following comments were received. Comments from Service Areas and Agencies Infrastructure Development has provided the following comments: • Municipal services are not available for connection for this property. • The proposed access to PID 00291278 is private. The City of Saint John does not provide any service (winter or summer) to this private access and /or Route 7. • The provided information indicates that access to PID 00291278 is over multiple private properties (such as PID 00295394 and PID 00295402). It is the responsibility of the applicant to ensure that the necessary agreements /permissions /easements are in place to utilize these private parcels. • The submitted application indicates that there will be no connection to the electrical supply grid. • Easements for public utilities would be required if services were to be installed. The Saint John Fire Department has reviewed the proposal as it relates to the Building Permit Application and notes Section 2.5.1.1 of the National Fire Code requires the following: 2.5.1.1. Access to Building 1) Fire Department vehicles shall have direct access to at least one face of every building by means of a street, yard or roadway in conformance with the National Building Code. The Department notes that any emergency response to this existing remote camp would be via the Saint John Fire Department's off road response vehicle. Inspection and Technical Services notes the building was constructed without the issuance of a permit, thus the opportunity was not provided for inspections during the construction phase. Should the permit application be approved, the applicant will be required to retain a qualified professional to provide a written and stamped report that demonstrates that the building is structurally sound and meets the requirements of the National Building Code. The building is in a remote location, accessible via an all- terrain vehicle. The National Building Code requires that Fire Department Access to a building is required by means of a street, private roadway or yard. Saint John Energy has been advised of the proposal. New Brunswick Department of Health has been advised of the proposal and notes that based on the information provided by the owner, it is the Department's understanding that: • an existing pit privy is located on the property to collect black water; • a chemical toilet is supplied inside the building to collect black water and that waste from this unit would be disposed of in the pit privy; • there is no well on this property. The owner accesses water from a natural spring on the property; • there is no plumbing in the building; 311 At this time the Department of Health does not require an on -site sewage disposal system on this property, as there is no gray water being discharged into the environment and black water is collected in the pit privy. Please be advised that any black water or gray water cannot discharge directly into the environment unless it discharges into an on -site sewage disposal system. If the owner considers to plumb the building in the future, all plumbing must be tied into an approved on -site sewage disposal system. New Brunswick Department of Environment has been advised of the proposal. The camp was constructed in an area that is designated as a Provincially Regulated Wetland. While a Watercourse and Wetland Alteration permit was not issued by the Province for the construction of the camp, any future alterations will require the issuance of a Watercourse and Wetland Alteration permit by the Province. Assessment of Servicing Water supply — Drinking water is taken to the site by the applicant when the camp is being used. Non - potable water for washing is obtained by a shallow groundwater infiltration system. As no objection to the existing water supply has been raised by the Department of Health, Staff considers it acceptable given the limited use of the site. Sewerage and Grey Water— On -site sewage disposal is provided by an outhouse on the property and chemical toilet inside the dwelling. Used water from the building's sink is drained into a bucket and then disposed of by pouring it on the ground outside of the building. The Provincial Department of Health notes an on -site sewage disposal system would be required if plumbing is installed in the building in the future. Electricity and Telephone — Two generators are located on -site along with a solar panel and small windmill for electricity. The stove and refrigerator are powered by propane. Telephone servicing for the site is provided by cellular telephone. Traditionally, electric and telephone utilities to seasonal, recreational developments such as camps have been provided by overhead lines. While this still may be the most reliable source, other means of providing electrical and telephone service may be more practical in remote locations. These include the use of generators, propane fuel, and renewable energy (solar /wind) to provide electricity and the increased use of cellular communication devices. Given the remote location of the site, the applicant uses a variety of methods for electrical power and relies on cellular phone coverage while at the camp. These methods of electrical and telephone servicing are acceptable to Staff. Access — Access to the site is by boat or all- terrain vehicle. From a review of information provided by the applicant, access to the site involves travelling a distance of approximately 1.5 kilometres along Henderson Lake Road from the Martinon By -pass and then approximately 950 metres along a private right of way to the eastern shore of Henderson Lake. A boat is then required to cross Henderson Lake, a distance of approximately 800 metres. The City does not provide any winter maintenance to Henderson Lake Road, thus year round access from Henderson Lake Road is not available. The applicant has 312 indicated that the portion of Henderson Lake Road and the private right -of -way is of sufficient width for access by either a truck or all- terrain vehicle. Staff note that access is not provided as required by the National Fire Code and National Building Code. Section 2.5.1.1 of the National Fire Code and requires direct access to the building as follows: 2.5.1.1. Access to Building 1) Fire Department vehicles shall have direct access to at least one face of every building by means of a street, yard or roadway in conformance with the National Building Code. Section 3.2.5.6 of the National Building Code requires the access roadway to the site to be developed in the following manner: (a) Have a clear width not less than 6 metres (unless it can be shown that lesser widths are satisfactory), (b) Have a centerline radius not less than 5 metres; (c) Have an overhead clearance not less than 5 metres; (d) Have a change in gradient not more than 1 in 12.5 over a minimum distance of 15 metres; (e) Be designed to support the expected loads imposed by firefighting equipment, and be surfaced with concrete, asphalt, or other material designed to permit accessibility under all climate conditions, (f) Have turnaround facilities for any dead end portion of the access route more than 90 metres long, and (g) Be connected to a public thoroughfare. In this case, direct access as required by Section 2.5.1.1 of the National Fire Code, is not provided. While the Saint John Fire Department has indicated that access to the site would be via the Saint John Fire Department's off road response vehicle and that this vehicle has tracks to allow for travel in show, this vehicle is more suited to an emergency medical response / patient transport situation and not fire suppression. In addition, part of the legally deeded access to the site involves crossing Henderson Lake requiring access by boat for part of the year. The National Building Code does not provide separate requirements which apply to seasonally or intermittently occupied buildings. The Code provides for exceptions to Code requirements in seasonal dwellings for items such as insulation, vapour and air barriers and plumbing and electrical facilities. The Code does not provide exceptions for access requirements. The availability of site access is the key issue which prevents the Development Officer from endorsing the Building Permit application. The property does not have direct, year- round, all- weather access from a Public Street and snow removal is not provided to the section of Henderson Lake Road by the City. 313 Appendix B — Servicing and Ownership Information provided by the Applicant 314 February 18/2015 To whom this may concern, I Dale L. Russell, agree to the following conditions if this application is approved. 1. This structure will be utilized as a seasonal camp. 2. 1 agree that the City Of Saint John does not have to provide the full range of municipal services to the property including access via a Public Street and will not be providing municipal services to this property in the foreseeable future. 3. 1 will retain a qualified professional to provide a written and stamped report demonstrating the building is structurally sound and meets the requirements of the National Building Code. 4. 1 will not hold the City Of Saint John liable should it not be able to provide the required services understanding that services available in this location are not equal to those on other parts of the City. 5. 1 will install an on -site sewage and wastewater disposal satisfactory to the Provincial Department of Health. Dale L. Russell r 315 FEB 2 3 2015 tea , tA ol 2C)ti� 316 J 317 6LjLrnm<--r 3OO7 M" 318 f ruill, w r�Fr . oVeri 'Summcr 2Cf-)7 319 Henderson Lake Camp The camp is constructed on nine concrete slabs. Each slab is three feet by three feet in width and is 12 inches depth. All slabs in each row are level to each other. There are three main carrying beams. They are construction of three layers of 2 by 10's and are laminated together and run the length of the camp. Row #1 of concrete slabs the carrying sit directly on them. Row #2 of concrete slabs the carrying beam is blocked with pressure treated blocking approximately 21inches in height. Row #2 of concrete slabs the carrying beam is elevated approximately three feet off each slab with 8 by 8 inch pressure treated wood. The vertical beams are bolted and braced to the camp and the carrying beam. Each slab in row #3 had a one inch round steel rod placed in the center of the slab when the cement was being poured This rod extends up into the center of each drilled vertical post approximately 10 inches. This rod then anchors each post to the slab. All carrying beam are shown in the picture. This camp has never moved and the camp is as level as it was first built in 2007. 320 CITY OF SMINT JOHN Page Nm BUILMIG, AND TEC441CAL SERVICES DEPwIRTMEMIT Date �,Il Property (Z� :5Cjn (0e I PID No. 2 Inspector Project DescflPtIon Ca - fit-1--yip'S I BP# 321 BUILDING & TECHNICAL SERVICES DEPARTMENT CITY OF SAINT JOHN TYPICAL WALL VCTION IFXTFRIOR) - S!Y9L9_ST0REY t AF, 0- 322 t W%Z 2 MAX C..- 24 2--ke- 323 �l N Jv_ 46 323 324 325 Henderson Lees Camp ( Dale .Russell) 2012 CWy"M 2011 The City of Saint John. Al dghds reserved. Sun Nutt 9 2014 07:54:32 PM. 326 327 kL 'r k N .�.'t. 1 �: ✓ _�. - T` 1 t � i I 1 �- i�.�, sx• i �•, .s', �_ '. .. A� �� r ;� a ,�► ��f► sr� rr _� This application is for a building permit for an existing camp at Henderson Lake. Henderson Lake was once called Clarks Lake. At one time there was a bridge which ran from the bottom of Henderson Lake road and went straight across to the other side of the lake. During the early part of 1800 century there was a settlement of homes on my property where they farmed the land. My great grandfather, Thomas James Russell purchased Pin # 291278 and Pin # 295428 on Januaryl6th, 1926. Pin # 291278 is where the existing camp is located on of 63 acre lot. Pin # 295428 is my cousin's 125 acre lot which is located next to my lot. My great grandfather, grandparents and cousins have always had strong roots at Henderson Lake. My family has always had a camp on this lake until it burn in July of 1990. 1 was introduced to Henderson Lake as an infant and growing up I spent many summers and fall camping, fishing, boating and hunting at Henderson Lake as I do today. In the fall of 2006 1 built a baby barn and that winter I transported most of the material to build the camp over on the ice with an ATV and sled. This material was stored in the baby barn until next year, a family camp was built. The provincial government is aware the camp is present and the tax bill for 2014 is $815.41. This camp has always been insured and the cost this year was $374.00. In my opinion and without prejudice these are the reasons I believe the City Of Saint John council should approved this building permit. There are two other camps on the lake. My great grandfather and great grandmother and descendants have always left a foot print on Henderson Lake since 1926. 330 All of the Russell descendants 8 in total are home owners in Saint John, one cousin resides at Fort Howe Apartments and all are life time citizens of Saint John. We have not chosen to move outside the city. My grandfather Russell, Edward Fauntleroy Russell served the army during the First World War and was station on Partridge Island. Both of my Parents enlisted in the Second World War. My mother, Gladys Irene Russell served in the Northwest Europe with the CWAC. My father, Douglas Edward Russell served with 281h Canadian Armoured Regiment BCRs. They all they fought for the freedoms and the cherished way of life we all enjoy today. My father has always given back to this community and others. He also taught me to appreciate the family values of living in Saint John. My father had his own company which he was the president of D.E. Russell Fuels and was a distributor of Imperial Oil in Saint John. He had a small fleet of four to five oil tanker trucks, with two full time drivers and two part time employees, the spare trucks and part time drivers were utilize during the heating months. When my father retired one of his oil tanker trucks he would either donate them to Saint John, Martinon or Grand Bay Fire Departments. These trucks were mostly utilized as water tankers. One of these donate trucks to the City, the Saint John Fire Department removed the oil tank from the frame of early 1960`s International truck and placed a freight box unit on it and converted it into a command post. Part of inheritance from my parents to my two brothers, sister and I was an approved building lot in Rock Park on Mayflower Lake, lot #87. My two brothers, sister and I all agreed this piece of land should be sold to City Of Saint John and choice not to list it with any realtor. We felt was in the best interest for the City and its citizens. If you presently look at May Flower Lake on a city map today, you will see the outline of lot # 87. 331 I live at 170 Douglas Avenue I have taken an older dated historical building and gave it a new life. I have renovated the building inside and out without any financial aid from any layer of government, federal, provincial or municipal. This home is now super insulated and will be very affordable for years to heat. When I purchased this building in 1983 the main house was using 10,000 gallons or 45,000 litres of oil just to heat it per year. Today the total electrical bill for heat and lights would less than 5000 dollars per year. This would include the 16.75 fee for each of the four electrical meter and HST. There are three apartments in the main house. I have ensured the further taxation of this building for hundreds of year. In 2014 the property bill was 6771.37. This camp is accessible by the City Of Saint john Fire Department with their Argo and the City Police Department by their two four wheel ATVs. The camp interior shielding is all dry wall, there are two smoke detector one on each floor. There are also a CO detector and a 10 pound ABC dry chemical fire extinguisher on the first floor. The wood stove and chimney are both CSA certified and installed to their specifications. For a water supply for washing dishes or yourself there are four 45 gallon plastic barrels. These barrels were placed into the ground together with gravel placed around the outside and between them to filter any debris that may enter them. Drinking water is bought in either by 500mil bottles or a large 5 gallon bottle. This camp has a propane fridge and stove. I have two generators out in the baby barn just in case one fails. There is also solar power and a small wind mill to assist with power at night while sleeping. There is an outhouse and a chemical towel inside for the woman. 332 In closing, The Russell family has always had strong roots and strong family values about living in Saint John. These roots and values would only be reinforced if this application would be approved. The family would like to have opportunity to enjoy the comfort of having this camp and the pleasure that nature brings. will rectify any issues or concerns city staff may have. Thank you for your time. Dale Russell The following is a list of documents and pictures explaining what they are. 1. Property Tax bill for camp and land at Henderson Lake. 2. Deed to land when my great grandfather purchased on January 16th 1926. 3. Picture #1 is my great grandfather camp on Henderson Lake. 4. Picture 42 when my grandfather inherited his father's camp he add a section onto the old camp. 5. Picture 43 Age of three at the camp. 6. Picture #4 great grandfather, grandfather, father, me and my two brothers at the camp on Henderson Lake. 7. Articles pertaining to my father's Regiment and a picture of my grandfather in uniform in the First World War. 8. Articles pertaining to Mayflower lake lot. 9. Three picture of the camp that November 20th 2014 333 N 5 7 N i 334 "Wait for rne, Daddy," is one of the most fanmces photographs of World War 11, taken as the British Columbia � Regiment leaves New Westminster, B.C., for the front OURNALISM, as the saying goes, is history in a hurry, Photography, by contrast, is history in an instant, yet sometimes it can register an image more in- delibly in the public's heart and imagination than the printed word. Beyond the familiar pictures of the victorious politician, or the win- ning touchdown, there is the single photograph that summons up all the fears and hopes and pain of a generation: the small boy in New Westminster, B.C., so reluctantly saying farewell to his father in 1946; VDATRY UNITS 3INK FOUR SHIPS . ake Superior Outfit Takes Part in Destroying Cef- man Vessels in Holland By ROSS 1Vli. NRO ATITH THE NORTHERN LOUP OF ARMIES, Nov. ! 0 —� . P.) —When the troops come home I you hear the boys of The Lake perior Regiment and The British lumbia Regiment tell how they ik four German naval vessels with k and infantry weapons don't ite it off as a tall tale. t is perfectly }rue and its the .lest exploit of the Canadians in nths of fighting - "his is how it happened: Che L.S.B. and the B.C.R. were firing up an area forthwest of enbarg en in southwest Holland, I elements poked out to the end' Saint Phillipsland Peninsula at mouth of the estuary of the •er Rhine. Sights Vessels 'rout the end of the peninsula ut. Buck Wright, Kenora, Ont.- abed a water tower and looked ass 1,300 yards of water to the le port of Lijpe on Duiveland Is -: 1. He stared in astonishment. ere Were four German craft in the hor with German sailors walking; and the docks. One craft was ut the size of a corvette and the erg were converted landing zraft. 1 -y had .8B millimetre guns and l :hive gams mounted on the decks were manned by about 50 men 1. Vright rushed a report to the leg!- its and a platoon of infantry a rp of tank,, two six - pounder anti- ) guns and two three -melt mor -' were rushed to the end of the insula to deal with this flotilla. or five, minutes the Canadians Jered the harbor with tank and retry weapons. The Germans fired 3 with their naval guns but the adians silenced them 1h this nge exchange between ground and forces. Briti*sl-i-Col!lmbians",Faii,,aise actioll I I� � I SYM if " . ifice and he"ro-ism i BY Ross IKU VM Canadian Press War Correspondent HC1I+l.A3+l13 fre British Coiurrr_ and after one diversionary attack ning of Trail, BC., wAs au =arded 1,1 -bia Regiment from Vancouver hm On Tilly la Campagne, it tow,_ part Military Aledal for his part iii th lfnught 0 many o €. the big battles in the big offe-'WVe of the Canada to fight. He was later kilter net If the Canadian Army on the west- Army on Arigust 8, with the thri.st Eeeioo in Belgium. Capt. H. r going- straight dow•rr the Caen- MCDiarmid of Vancouver also di. ern front, but the terrible fight Falaise highway. tinguished k itself in this actio, last August 9 near hill 195, north The unit got to Clathieux the and was behind enemy lines ft of 11'alaise, Will rank forever in - e night of_ August 8 and it was or- two nights and a day.before he gc battle annals of this regiment— dered to attack in darlmess the fal. back with his crew. the oldest on the Pacific Coast, lowing marking with the Alg-on- The 13CR had suffered heavil,, The full story of this bloody, cha- quin Regiment from Northern Can- as did the „A:lgonquins, in tb: otic battle has been long in the tell- tario to get on Hill 195, about :five spearhead towards palalse but the ins yet It stands even now as a miles north of Falaise. had given the enemy a terrific 70: Canadian epic of sacrifice and heir- �$ � ��� and destroyed a lot of Derma Surging south with the Al on_ equipment. They found out th It took weeks for this tank regi- urns, this g strength of the enemy and a ne, ment to sort out the story itself q powerful column bIaz -. full -dress Canadian Army attar. and recently at its headquarters I its.way through the black night, leas launched.five day later whie shooting up everything in its path. was an overwhelming eueceoit, heard it in detail from a haadfui ". of - officers who au hived that battle The order was to rapture Hill 195, which was a key to: and Palaise, The I3Cli's Yought at True, mad in which the unit lost 38 tanks in the British Columbia Regiment the great advance across Franc tie. about 14 hours of furious "t' and Belgium and then had mor went for the - hill through the dark, The regiment went into the line ness which shade it very diffic stiff fighting north of Antwerp. ult : south of Caen at the end of July, to keep direction. * _ - -� -� Massas of enemy guns from the area around the -bill- opened up on =amiss: -Mtezm to ,ksi_: and Tigers and Panthers blasted at the attackers. It was there tlfat the Germans made their�l i most desperate stand in the battle.3 for Falaise. They hurled every-I' thing they had at -the BCR's and ' the Algonquins and they had the whole area, covered with fire. On one section of ground along the hill- there were 24 enemy 88 mm guns. - Lt. -Col. Worthington was a f fearless, inspiring figure as e moved around the fire- n.Je� t _ square wi foot, enzo-,irag ng- tlr , men and organizing the def—CIA The square got smaller and aural ler and yet the SCR's and Algon- ' quips hung on. The coin m<anding i iofficer of the Algonquin -w. ho was,) rain the scivare had a leg blown off[ r ia.nd Lieut. -Col, 'Worthington took - rr,lover the command of the infa.ntry-� -- ?riL 1,y alrraioae- When 0 he roas out on the . P, , mester Ong to Gets f pinpoint tar- or the Canadian artillery, :J 'ut he carxivd on. Date in the -day' -he was killed and his regiment's tribute to him is -- -there could not, be �a better Millman ding officer. lie! was buried Iater with his fallen linen on this, grim battlefiekL RLieut. Houton Was in the 'tbick of lids inferno and others included Capt. Howard Arm trong 'Toronto, i.teut. Stock of Belle - �;in Ont., Ueut. J. kinson , .. T 3en- Lieut. W. H. pick Cot,. and; H. Bicknell of van_! cnuver .U,Anell, was killed axrd j Stock isnd - Tt- nkinson wounded. ! - �5fsc_g BEG a�M3.F 73raq aul Tb a�.rngn at In • +'sffpp n nant� 336 n t c: w �'�-�� v- THP -- TELEG RAPT -1-JO IRNATE, SAINT JOHN. N. B,, MONDAY, N( ■ Completimonrave a 1 Maritimers In Belgium d ;anadiart Aru,.v Photo. �. Pictured above are members of a famous Canadian regiment now in action in Belgium, left to right, front row —L/ Cpi, Donald Blal;eney, Wolfville; Craftsman P. J. Whelan, Sydney; Tpr, Darn, Tobias, West Saint g I John; Tpr. Walter Hamilton, Woodstock; Tpr. Ralph Second, Codys. Second Tow --Cpl. Henry Newcombe, Amherst; 'I'xr Douglas Russel, Saint John; Tpr. Wally Higgins, Charlottetown, P. E. I.; Tpr. Paul Seely, Westfield Centre. Third row-- Craftsman J. A. L. Patter, Sydney Mines; Cfn. A. D. Bailey, Digby; S /Sgt. 1. 0. Gilroy, Springhill; Cfn. Neil IVI, Morash, Great Village; Cfn. Gordon Waite, O'Leary, P. E. I, 9 E: �1nt:Si71f; t1�l�ti "1_i1�C1 tl� Il't April 9, 1990 �,� %.D. Todcl Ii1i'C`CI01 Mr. Dale Russell 170 Douglas Avenue Saint John, N. B. E2u 1E4 Dear Mr. Russell: Box 1971 S�tiill )0)111 New }1tU11S1�' ±(�: 500 058 -285C, The availability of land at Mayflower Lake noted in your letter of March 8, 1990 has been reviewed by City staff and the consensus is that negotiations should be opened for the acquisition. Would you please call me at 658 -2869 to arrange for an inspection of the land so an offer may be made for it. Yours truly, Robert E. Adams, A.A.C.I. Property and Appraisals Officer Housing and Property Management REA /sg 339 fP Cif' `�ftlft.: sCi�itt Dark Lake Or Mayflower lake Lot # 87 i 1� Copyright 2011 The City of Saint John. All rights reserved. Sun Nov 16 2014 11:07:28 AM. OR T?:1S 1 DaTLnE made this 3 day of May, A.D. 1964, .r `: AC: �. ...;•; =.� r,:NSXAN of t}:e City of �air.t Johr. in the County of saint John and rrcvince of New runsaick, wife of C. Pv:R Y KIN,A'AN, of the same place, (herein- after called the OF !ri:. FIRST PANT - and - DOUGLAS E. Nt,.: >S ;;L, of the t : ty of ca nt John in the County of Saint John and Province of New '.irunswick, Merchant, (:.ere - inafter called the "GRANTEE ") OF , SECGND PART WI':NF3SE7H that the Grantor for and in consideration of the sum of One Dollar ( -,1.00) of lawful money of Canada to her in Mind well and truly paid at or before the ensealing and delivery of these presents by the said Grantee, the receipt whereof is hereby acknowledged, has granted, bar- gained, sold, aliened, released, conveyed and confirmed and by these presents JOTS E-rant, bargain, sell, alien, release, convey and confirm unto the said Grantee, his heirs and assigns:- "ALL that certain lot, piece and parcel of land numbered eighty seven (87) on the plan of the first or west section of the lands of "The Highland Park t:o,r.nany, situate in the Town ofortland, (now the City of saint 4 John) and Province aforesaid, being bounded and described' as follows, viz:- Beginning at a point on the southeasterly side line of Choctow +venue (so- called) where the boundary line between lots number eif;hty six rind eighty seven meets the said side line, thence south thirty degrees thirty minutes east (S 30° 30' E) along, the said bound ;;.r: line three hundred feet (300) more or less to the northerly shore of Mayflower Lake (so called) thence ,in a northeasterly direction along the said shore line fifty feet (50) tore or less to the southerly angle of lot number eighty eight, thence north thirty degrees thirty minutes west (N 30° 30' :v) along the boundary line between lots number eighty seven and eighty eight, three hundred and fifteen feet (315) more or less to the said southeasterly side line of Choctow nvenue thence in a southwesterly direction along the said last mentioned side lire fifty feet (50) more or less to the place of beginning, the.said lot containing one third of an acre more or less." TOG&THER with all houses, outhouses, barns, buildings, edifices, fences, improvements, profits, privileges and appurtenances to the same be- longing or in any way appertainizz and the reversion and reversions, remaind -„ rmn *n. 1aa»wrc anti nrnfita thereo f. and also all the estate. April 30, 2015 Mayor Norton and Members of Council: I am making a formal request, on behalf of Ms. Cathy Hurley, Chair LBR ( Lord Beaverbrook Rink )Board, and ask permission to appear before Common Council for the following reasons; • Thank Mayor & Council for their ongoing support • Provide historical background information about LBR and its operations and services offered. • Share ideas as how LBR can play a bigger role for North end Community. • Improve LBR profile, and raise funds to upgrade physical environments. We, LBR Board members, strongly recommend that Council consider to give Ms. Hurley an opportunity to appear before council at an early date. It will be a power point presentation. Including Q/A, it should not take more than 30 minutes. Should you require any further information, please do not hesitate to contact me. Thank you very much. I look forward to hear from you. Regards, Sid Lodhi P.Eng Treasurer & Board member, LBR 342 30 Vaughan Drive Nauwigewauk, NB E5N 6V1 April 30, 2015 His Worship Mel K. Norton and Members of the Common Council of the City of Saint John P.O Box 1971, Saint John, NB E2L 4L1 Your Worship and Members of Common Council: On 11 December 2014, I wrote concerning the poor state of taxis and the unkempt drivers that I experienced during a return from holiday to the Saint John area. Thereafter, I received a letter from the clerk of the council that advised that at a council meeting it was decided to forward my letter to a committee of council. Since then, I have heard nothing and so I submit this correspondence seeking an update. Perhaps, the underlying problem with my issue is the by -law that concerns the subject and its enforcement. Could it be that by -law revisions are stalled? Perhaps the committee might wish to view the by -laws of Atlantic cities that seem to have prevented and/or overcome the issues that I have described. I just returned from a one week visit to Halifax on business. There, I had to rely on the use of taxis to visit various businesses. Halifax operates their taxis on a metered system as the HRM is the operating area for the taxis. What I did find is neat appearing drivers and clean, modern and well maintained vehicles —this I observed through the use of some nine different taxis. They seem to have it right, why not here in Saint John? Respectfully, L.W.F. Cuppens Lieutenant - General (retired) 343 Rocmaura Nursing Home Foundation 10 Parks Street Saint John, NB E2K 4P 1 Telephone: ( 7090 Fax: (506) 643 -703-70 53 3 a community of caring people foundation @rocmaura.com Tuesday, May 05, 2015 FOUNDATION Office of the Common Clerk BOARD City of Saint John OF Jon Taylor DIRECTORS PO Box 1971 Saint John, NB E2L 41_1 Maureen Creamer Tel: 648 -3703 Email: jonathan.taylor @saintjohn.ca. Chair Dear City of Saint John; Sr. Anita Naves Past Chair Once again we are calling upon the City of Saint John for your support. As Sponsorship Co- Chairs, we are writing to invite you to be part of Rocmaura Nursing Home's Oktoberfest. Emil Olsen Our 17th Annual Foundation Fundraising Dinner, Casino & Auction is set for October, 3, 2015 Vice Chair at the Saint John Trade & Convention Centre. John Delaney CTV's Cindy Day is returning as our lively Host, and the hilarious Tim Maloney is auctioneer. Sgt. Kevin Vickers is our Honourary Chair (Canada's Ambassador to Ireland) Treasurer while Donnie & the Monarchs are doing a reunion performance just for us! It will be a fun Mike Gauthier evening to mingle, play casino games and bid on some really great and unique auction items followed by a delicious buffet dinner and we don't want you to miss it! Lynn Wack Last fall 600 people attended our Maritime Kitchen Party, raising more than $100,000 for the Melanie Bell - Hughes betterment of Residents' lives. New this year, we are giving away a Mitsubishi Mirage from Loch Lomond Mitsubishi and a $3000 piece of fine jewellery from Spicer Jewellery! Michael McKay On behalf of our Committee please accept this request to purchase tickets. Tickets to our Rod Flood Oktoberfest are $1250 for a table of ten (with $650 tax receipt.) Sponsorship levels range from $1500, $3000 and up. I have attached more information. All proceeds go to support Sheila Fitzpatrick our residents. Sheana Mohra For more than 40 years we've been at the forefront of providing quality health care for Executive Director seniors in Saint John. Presently the government is only able to provide the "necessities of Rocmaura Inc. life ". All extra's, to improve Residents quality of life, are funded through fundraising activities by the Foundation. These extras provide positive transitions for Residents from their home Marie Murphy environment. Seniors are often forgotten about, as a vulnerable part of our community. Rocmaura Auxiliary With our aging population and reduced government funding, the need for your help is even more important. Sally Cummings We look forward to discussing the many ways you could be highlighted through supporting Coordinator our event. You will be supporting a worthwhile cause and will become part of our "community of caring people ". Please contact Sally Cummings at the Foundation office at (506) 643 -7090 or by Email at foundation @rocmaura.com. Sincerely, Gerry Lowe & Ralph Landers, Sponsorship Co- Chairs 344 Rocmaura Foundation Oct. 3, 2015 Annual Dinner Sponsorship Form � YES! I would like to participate as a sponsor (Please check level below) Company Name Contact Address City Post Code Tel Email Platinum Sponsorship W1 $10,000.00 • Program mention (Largest size logo) • Company logo displayed on signage during the event • 10 tickets Major Sponsor Table. • Rocmaura Foundation Website, Facebook, newsletter advertising • Announcement of sponsorship during the event • Announcement of sponsorship with the Media (Newspapers & PSAs) Gold Sponsorship ■ $5,000.00 • Program mention (Large size logo) • Company logo displayed on signage during the event • 4 tickets. • Rocmaura Foundation Website Facebook, newsletter advertising • Announcement of sponsorship during the Dinner and Auction • Announcement of sponsorship with the Media (Newspapers & PSAs) a� Silver Sponsorship $3,000.00 • Program mention (Medium size logo) • Company logo displayed on signage during the event • 2 tickets • Announcement of sponsorship during the Dinner • Announcement of sponsorship with the Media (Newspapers & PSAs) Bronze Sponsorship $1,500.00 • Program mention (Small size logo) • Company logo displayed on signage during the event • Announcement of sponsorship during the event. • Announcement of sponsorship with the Media (Newspapers & PSAs) We have auction items to donate: Please send _ $65 tax receipt) Please send invoice Signature tickets for dinner totaling $ Cheque Visa MC Exp Date MM YY ($125 each with Code Sally Cummings, Coordinator tel 506 643 -7090 fax 643 -7053 by August 1 foundation(a)-rocmaura.com 10 Parks St. Saint John NB E2K 4P1 345 80cinaura a community of caring people Tel: (506) 643 -7090 Email: foundationkrocmaura.com Sally Cummings, Foundation Coordinator Ways You Can Support Us: �Ni �4� JI A. Buy Tickets Tickets cost $125. You get a $65 tax receipt. (Difference between ticket price & event costs) Purchase a Table $1250 for 10 seats You can Donate tickets back for use by Residents or Volunteers B. Be a Sponsor Dinner, Dessert, Printing, Program, Decor, Giveaways, AN, Reception, Be a Presenter, Entertainment Platinum Gold Silver Bronze Other $10,000 $5000 $3000 $1500 Sponsorship can be a combination of In -Kind & Cash contributions, incl. tickets, auction items & services donated. C. Make a Cash Donation Get a tax receipt for the full amount! D. Donate Auction Items: (a) Gift Certificates - Commercial Goods and Services, Restaurants, Shops (b) Art work, Quality Goods, Antiques (at least $50 value) Jewellery (Must have certified jeweller's appraisal certificate) All items are appraised. (c) Unique Gift Packages & Experiences, Private Donor's Services - Arrange to host a Gourmet Dinner, or Wine Tasting. Give away a Trip, Event Tickets, or Accommodations. Donate your Services and Time. Be creative! Design your own gift package! a. May 11, 2015 Deputy Mayor Rinehart and Councillors, Subject: Committee of the Whole: Recommended Appointments to Committees The Committee of the Whole, having met on March 16, 2015, adopted the following resolution: "RESOLVED that as recommended by the Nominating Committee, having met on March 2, 2015, the Committee of the Whole recommends the following appointments to committees: Power Commission of the City of Saint John: to appoint Ross Galbraith to a three year term from May 9, 2015 to May 9, 2018." Sincerely, Mel Norton Mayor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21- 41-1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1 347 REPORT TO COMMON COUNCIL M &C2015 -95 May 5, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Public Information Session Milford Sewer Separation Phase III PURPOSE The City of Saint John The purpose of this report is to inform Council of a Public Information Session that will be held in relation to the Milford Sewer Separation Project - Phase III, and to update Council on the status of the project. BACKGROUND The approved Water & Sewerage Utility Fund and General Fund Capital Program includes projects for the design and construction of Milford Sewer Separation Project — Phase III, that includes: • Replacing the storm outfall, installation of a new storm sewer, repairs of the existing sanitary sewer, renewing curb and sidewalk and full width asphalt reinstatement on Riverhill Drive • Installation of a new storm sewer, repairs to the existing sanitary sewer and watermain, renewing curb, and full width asphalt reinstatement on Silvermount Crescent • Installation of a new storm sewer, repairs to the existing sanitary sewer and watermain, renewing curb, and full width asphalt reinstatement on Gifford Road • Installation of a new storm sewer, repairs to the existing sanitary sewer, renewing curb, and full width asphalt reinstatement on Russell Hill Road M M &C2015 -95 May 5, 2015 Page 2 ANALYSIS Staff looks forward to the tender closing in early June 2015. Construction will begin in July 2015 and continue until the end of October 2015. This is a major project that will impact the local area during construction. It is for this reason that staff have decided to hold a Public Information Session to allow local residents and business owners an opportunity to view the project design drawings, ask questions and give their feedback. The Public Information Session will be held at the Denis Morris Community Centre at 330 Greenhead Road on Thursday May 21, 2015, from 2 -4pm and 6 -8pm. This report is being provided for the information of Council and to extend an invitation to any Councillors who may wish to attend the Public Information Session. The public information session will be advertised and a copy of the attached notice will be delivered door to door in the project area. RECOMMENDATION It is recommended that this report be received and filed. Respect lly submitted, Joel Landers, P.Eng. Municipal Engineer Wm. Edwards, P.Eng. Commissioner Transportation & Environment M Brian Keenan, P.Eng. Engineering Manager J. Patrick Woods, CGA City Manager 4" The City of Saint John PUBLIC INFORMATION SESSION MILFORD SEWER SEPARATION — PHASE III The City of Saint John will be installing new storm sewers on Gifford Road from Milford Road to Civic # 90 Gifford Road, and on Russell Hill Road from Green Head Road to Civic # 481 Russell Hill Road. The work will generally include installation of new storm sewers on Gifford Road and Russell Hill Road, repairs to the existing sanitary and water distribution systems, curb and sidewalk renewal and asphalt road surface replacement. The City will also be installing new storm sewers on River Hill Drive from Dwyer Road to Civic # 302 River Hill Drive, and on Silvermount Crescent. The work will generally include replacing the existing storm outfall on Dwyer Road, installation of new storm sewers on River Hill Drive and Silvermount Crescent, renewal of the existing watermain and sanitary sewer system on Silvermount Crescent, renewing curb and sidewalk, and asphalt road surface replacement. The project is planned to begin in Summer 2015 and is expected to be completed by the end of October 2015. Prior to construction, another notice will be distributed to inform residents and business owners of the actual construction schedule. Representatives from the City of Saint John and the project design team will be available to answer questions related to the proposed project. The public is invited to attend an information session on this project on the following date and times: Date: Thursday, May 21, 2015 Place: Denis Morris Community Centre, 330 Green Head Road Time: 2:00 p.m. — 4:00 p.m. and 6:00 p.m. — 8:00 p.m. For further information about this project, contact the Consultant, WSP, at (506) 634 -8719 or the City of Saint John, Transportation & Environment Services at (506) 658 -4455 350 REPORT TO COMMON COUNCIL M &C2015 -97 May 7, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Provincially Designated Highways — 2015 Improvement Program BACKGROUND The City of Saint john The City submitted the Provincially Designated Highways five -year (2015 -2019) Capital Improvements Program request to the Minister of Transportation and Infrastructure on July 7, 2014. This program was previously approved by Council under M & C 2014 -116. ANALYSIS The Minister of Transportation and Infrastructure replied on April 21, 2015, (letter attached) advising that the Province would cost share 50% of the $587,000 project total plus non- recoverable HST for asphalt paving at the following locations: • Route 100 (Fairville Boulevard) from Harding Street to Simms Corner, a distance of approximately 0.3 km; • Route 100 (Main Street ) from Chesley Drive to Viaduct and from Viaduct to Union Street, a distance of approximately 0.9 km; • Route 100 (Station Street) from Smythe Street to City Road, a distance of approximately 0.5 km; • Somerset Street from Paradise Row to Barker Street, a distance of 0.4 km. The City has already issued and closed the tender for Asphalt Resurfacing 2015 reserving the right under the contract to add streets for paving following award with payment for any additional streets being made at the tendered unit prices. The Route 100 (Main Street) and Somerset Street projects were included in the original tender so staff proposed adding the Route 100 (Fairville Boulevard) and Route 100 (Station Street) sections to the City's Asphalt Resurfacing 2015 contract. 351 M &C2015 -97 May 7, 2015 Page 2 FINANCIAL IMPLICATIONS The estimated cost to add the asphalt paving of the Route 100 (Fairville Boulevard) and Route 100 (Station Street) sections to the City's Asphalt Resurfacing 2015 contract is $241,000 with $120,500 recoverable as per the attached letter from the Province. Staff identified a $390,000 budget surplus in the Council report (M & C 2015 -81) at the time of award of Contract 2015 -15 Asphalt Resurfacing 2015 so the $120,500 City share of additional costs can be accommodated within the existing approved budgets for 2015. RECOMMENDATIONS It is recommended that: 1. The Mayor and Common Clerk be authorized to execute the signature page on the attached letter agreeing to participate financially in the amount of $293,000 plus non recoverable HST for the asphalt paving at following locations: • Route 100 (Fairville Boulevard) from Harding Street to Simms Corner, a distance of approximately 0.3 km; • Route 100 (Main Street) from Chesley Drive to Viaduct and from Viaduct to Union Street, a distance of approximately 0.9 km; • Route 100 (Station Street) from Smythe Street to City Road, a distance of approximately 0.5 km; • Somerset Street from Paradise Row to Barker Street, a distance of 0.4 km. 2. Route 100 (Fairville Boulevard) from Harding Street to Simms Corner, asphalt paving, a distance of approximately 0.3 km and Route 100 (Station Street) from Smythe Street to City Road, asphalt paving, a distance of approximately 0.5 km be added to Contract 2015 -15 Asphalt Resurfacing 2015 at an amount of $241,000 based on estimated quantities. Respectfully submitted, )-� C Brian Keenan, P. Eng. Engineering Manager Wm. Edwards, P. fig. Commissioner Transportation & Environment 352 J. Patrick Woods, CGA City Manager Transportation and Brix WICK C A N A D A File No. 32 -105 April 21, 2015 Mr, Mel Norton, Mayor City of Saint John PO Box 1971, 15 Market Square Saint John NB E2L 41_1 Dear Mayor Norton: 1 am pleased to advise you that under our 2015 program for improvements to provincially designated highways in municipalities, my department is prepared to partner with your city on the following projects estimated at $587,000 plus non - recoverable HST. Route 100 (Fairville Boulevard) from Harding Street to Simms Corner, asphalt paving, a distance of approximately 0.3 km. Route 100 (Main Street) from Chesley Drive to Viaduct and from Viaduct to Union Street, asphalt paving, a distance of approximately 0.9 km. Somerset Street from Paradise Row to Barker Street, asphalt paving, a distance of approximately 0.4 km. Route 100 (Station Street) from Smythe Street to City Road, asphalt paving, a distance of approximately 0.5 km. I am proposing that the City of Saint John participate financially in these projects in the amount of $293,000 (50% of project total). Please confirm the City of Saint John's agreement with this arrangement at your earliest convenience. These projects will be tendered and supervised by the City of Saint John. Minister / Ministre Transportation and InfrastructWf/Tr3nSpOrtS M Infrastructure P.0, Box/C.P. 6000 Fredericton New Brunswick/Nouveao- Brunswick EM 5N1 Canada 4 353 90 /Ze 39vd DI AD AON3niiiSNoo www.g nb.ca 8Z6ZEb9969 SC :CT STOZ/be /Se Mr. Mel Norton, Mayor April 21, 2015 Page 2 The City of Saint John will invoice the Department of Transportation and Infrastructure for its share of the costs at the and of the construction season. The city's tender package for 2015 construction should be submitted to Mr. Robert Sharpe, P.Eng., [director of Design, for approval. Where projects are approved by the Department for tender by the municipality, the tender advertisements must identify provincial participation. The funds are being provided with the understanding and agreement that the municipality must follow the spirit of the Crown Construction Contracts Act and Regulations, and that audits will be carried out by the Province from time to time. Your continued cooperation and interest in the improvement of the provincially designated highways in your municipality is appreciated by the Department. Sincerely, o r Janson Minister of Finance /Minister of Transportation and Infrastructure c.c. Alan Kerr, District Engineer — Saint ,John Cleric 354 SO/6e Mvd DIddO AON3niiisNoD 8TGZEV9909 S9:ET STOZ /b0 /S0 Mr. Mel Norton, Mayor April 21, 2015 Page 3 The City of Saint John agrees to participate financially in the above mentioned project (s) in the amount of $ Authorized Signature Date The City of Saint John does not agree to participate financially in the above mentioned project(s). Authorized Signature Date 355 50 /b0 39VJ OI33O AON3niIlSNOO 816Z£b9909 5£:£T 9Z0Z /b0/90 REPORT TO COMMON COUNCIL M & C 2015 -96 May 6, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: The City of saint John SUBJECT: Contract No. 2015 -02: Sewer Cross Connections — Supply & Install Check Valves BACKGROUND The approved 2015 Water & Sewerage Utility Fund Capital Program includes a project for the design and installation of backwater valves for cross connections between the storm and sanitary sewers at three locations on Water Street and one location on Chesley Drive. The purpose of this report is to provide the tender results and make a recommendation for award. TENDER RESULTS Tenders closed on May 6, 2015 with the following results: 1. Fairville Construction Ltd., Saint John, NB $53,945.07 2. Galbraith Construction Ltd., Saint John, NB $55,754.20 3. Terraex Inc., Saint John, NB $59,318.22 4. MIDI Construction Ltd., Saint John, NB $67,528.80 The Engineer's estimate for the work was $48,420.00 ANALYSIS The tenders were reviewed by staff and all tenders 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. 356 M & C 2015 -96 May 6, 2015 Page 2 FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2015 Water & Sewerage Utility Fund Capital Programs. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. The analysis is as follows: Budget $200,000 Project net cost $55,952 Variance (surplus) $144,048 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 No. 2015 -02: Sewer Cross Connections — Supply & Install Check Valves be awarded to the low Tenderer, Fairville Construction Ltd., at their tendered price of $53,945.07 (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, ohn Campbell, P.Eng. unicipal Engineer Wm. Edwards, P. Eng. Commissioner Transportation and Environment 357 Brian Keenan, P. Eng. Engineering Manager J. Patrick Woods, CGA City Manager REPORT TO COMMON COUNCIL May 5, 2015 M &C2015 -86 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: 2015 Traffic Safety / Flow Projects and Maintenance BACKGROUND The City of Saint )ohn The City's Pedestrian & Traffic Services (Traffic) team provides maintenance to an inventory of 70 signalized intersections, 13 signalized crosswalks, 23 flashing signals, and over 10,000 traffic signs and repaints 350 KM of traffic lines (centre, side, bike, lane separation), 3300 traffic markings (crosswalks crossing 1300 vehicle lanes and 2000 other various symbols such as directional arrows) each year. The Traffic Engineer / Operations Manager and the team of 19 personnel also investigates citizen requests for safety or flow improvements, then designs and coordinates warranted improvements and coordinates the completion of a number of projects that improve the safety and /or flow of various modes of transportation. This report gives Common Council and the public an understanding of what this team plans to achieve in 2015 as a follow - up to the information provided to Council in approving the 2015 serviced -based budget. This section of the report is broken down into two parts. The first part, called "Traffic Safety /Flow Projects ", summarizes the various planned improvements to the traffic system in 2015, some of which involve the addition of infrastructure that will need to be maintained in the future. The second part, called "Traffic Maintenance ", discusses how the existing infrastructure (signals, signs, lines /markings) is planned to be maintained in 2015. 2015 Planned Traffic Safety/Flow Projects Safer School Zones Program — There will be focus on improving the safety of streets around three schools in 2015 (Champlain Heights, Centennial, and Forest Hills) as a result of Council's continued support for this program. Meetings have already taken place with school and parent - support representatives of each school to gain initial input. Various traffic calming measures are being designed for each school and are planned to be implemented in 2015. Assessment of the use of crossing guards near schools is continuing. A brochure developed in 2014 to help parents educate themselves and school children about safer walking techniques is planned to be distributed to more schools. In addition, UNB's Transportation Group is studying the effectiveness of traffic calming measures around schools, specifically driver speed feedback M M &C2015 -86 Page 2 signs, and the City is providing data (vehicle accidents and volumes) to support their project. Results of this work will contribute to improving the City's Safer School Zones Program. Solar Powered/Wireless Crosswalk Signal Pilot Project — Many concerned pedestrians in the City request "lights" at crosswalks. Relatively new systems of yellow flashing signals that are installed on existing crosswalk sign poles, activated with push buttons, use solar power and wireless technology, take only a few hours to install that are much less expensive ($7,000) than overhead signal systems ($50,000) have been trialed in Calgary with documented success. One installation in 2014 in the City of Saint John was trialed at the intersection of Garden and Coburg streets with positive feedback. The Transportation Association of Canada has recently endorsed the use of this technology. Council supported in the 2015 service -based budget funding for more installations. Following are the tentative locations planned for 2015: • Churchill Boulevard in front of the new YMCA • Retail Drive at Oakland Street • Loch Lomond Road at the Loch Lomond reservoir • Loch Lomond Road east of Hickey Road where the sidewalk on one side ends • Millidge Avenue at Adelaide Street (to include an audible system for Low Vision pedestrians) • Golden Grove Road at Westmorland Road (Safer School Zone project) • Bleury Street at Sherbrooke Street • Water Street at Prince William Street Using this new system increases the safety of pedestrians and saves approximately $344,000 for these 8 locations that can be installed much sooner than the traditional overhead signal systems. Traffic Flow Around Saint John High School — Separate from the Safer School Zones Program, the Traffic Team is working with Saint John High School, Anglophone South School District and Saint John Police Force to improve the coordinated travel of school buses, drop off of students by parent and walking students in the vicinity of this school. Kane's Corner Improvements — Corrections to the vehicle detection and rail pre - emption systems for the new traffic signals at this intersection continue to be addressed by the installation contractor. In 2015 the Traffic Team plans to implement changes to the timings of the traffic signals to improve flow and add lane designation signage on traffic signal poles over each lane to compliment the painted arrows on the road as corrections to the equipment are being finished. Rothesay Avenue at Retail Drive and Ashburn Lake Road Improvements — The traffic signal timings at these two adjacent intersections were improved in early 2015. Focus is shifting to limiting queuing of vehicles onto the rail crossing on Ashburn Lake Road. Signage at the crossing and signage on Highway 1 limiting access from the near -by highway ramp are being investigated with the Provincial Department of Transportation & Infrastructure. Loch Lomond Road at McAllister Drive and at Hickey Road Improvements — Concerns of vehicle delays at this intersection, particularly those travelling westward on Loch Lomond Road 359 M &C2015 -86 Page 3 in the morning, has been received from the public. Vehicle detection using microwave technology mounted on existing traffic poles is planned to be added at the McAllister Drive intersection in 2015 to allow the signals to change with traffic demand. Lane designation signage at the side of the road on each approach is also planned. At the Hickey Road intersection, microwave and pole- mounted vehicle detection is planned at this intersection to improve traffic flow in 2015. Somerset Street at Paradise Row Improvements — Improvements at this intersection were implemented a few years ago including coordination of the traffic signals with the adjacent signals on the Garden Street overpass at the Highway 1 ramps. Traffic however still backs up on Somerset Street during the evening rush hour and further changes are planned in 2015 to improve this situation. Improvement to Crosswalk on Bleury Street Overpass — An unmarked crosswalk is located at the end of Highway 1 Exit 119 leading to the Fairville/ Catherwood intersection. Concern has been expressed about motorists not yielding to pedestrians at this location. Plans were developed in 2015 to improve the safety of this crosswalk. Support from the Provincial DTI has been sought. Completion is tentatively planned also for 2015 pending DTI approval. Audible Pedestrian System (APS) on Somerset Street at Superstore — Among other crosswalks at signalized intersections already upgraded with APS in recent years through consultations with the CNIB, the Traffic Team plan to install APS infrastructure at this location in 2015. APS systems provide audible queues at intersections for pedestrians with Low Vision. The location of buttons pedestrians press to activate the signals, among other infrastructure components, are also reviewed during these projects. Coordination of Trans Canada Trail — A national plan is in place to connect the coasts of this country with a continuous Trans Canada Trail (TCT) by July 2017. The TCT is intended to run through Saint John. Traffic engineering and control for the mainly on- street portion of the Trail as well as consultation to finalize the route are underway. Staff will report separately and more thoroughly to Council on this project at a later date. Participation in the Transportation Plan (MoveST) — The Traffic Team is providing technical expertise and is partnering with Growth and Community Development Services to coordinate this initiative with Phase 1 being completed in 2015. Consolidation and Update of City's Traffic By -Law — The Traffic team administers the City's Traffic By -Law. Many changes to the by -law were made since last consolidation in 2005. There are also opportunities to improve the by -law. Consolidation and update of this by -law is a goal for 2015. Assessment of On- Street Winter Parking Program — Council recently endorsed completion of a staff review of the current overnight winter on- street parking provisions. The Traffic Team is leading this review including developing options for potential changes. 9no M &C2015 -86 Page 4 On- street Parking Changes on Individual Streets — A common traffic - related request from the public is to review parking regulations on a street -by- street basis. Changes often require a Traffic By -Law Amendment. Staff reviews the technical merits of the request, garners input from impacted property owners, then reports to Council with any recommended changes where the by -law would be affected. Reviews on Lansdowne Avenue, St. Peter's Court, Beaverbrook Avenue, Peel Plaza, and Sewell Street are currently underway with planned completion in 2015. Advice for Capital Projects, Land Developments and Street Occupancies — Each year, including in 2015, traffic engineering advice is required for Capital projects, land development proposals and occasions where streets need to be occupied for contractor machinery. Identifying the need for, helping develop and assessing completed traffic impact studies or traffic control plans for these projects is completed and /or reviewed by the Traffic Team. Durable Traffic Markings Pilot Project — For several years, materials other than paint are being trialed in the City particularly at crosswalks. These materials are more costly to purchase and install but last for several years whereas paint lasts only a few months. A Return on Investment analysis that considers the greater upfront costs, operational cost savings over multiple years and the safety improvements associated with markings that are visible longer is ongoing. Street Light Requests — In 2014 a Street Light Best Management Plan was developed and received by Council. All streets requiring reconstruction in 2015 will be evaluated and the quantity of street lights will be adjusted as warranted. Efforts will continue to be made to address outstanding service requests from citizens to increase the amount of street light on existing streets. Prioritization and Investigation of Outstanding Project Requests — Despite the many projects being completed in 2015 and in previous years, over 500 requests from the public for further Traffic Safety or Flow improvements remain unresolved. In early 2015 all these requests were re- prioritized so that Priority 1 requests can be investigated first. Investigation of Priority 1 requests besides those described in this report is ongoing. Traffic Maintenance Traffic Signs Maintenance to the inventory of 10,000 traffic signs follows a priority system. Stop and Yield signs are repaired first, followed by street signs and most other traffic control devices such as warning, crosswalk and school zone signage. Parking signs, wayfinding and other signs are then repaired. A single two - person sign crew with a stocked truck is regularly available Spring through Fall each year for sign maintenance. These crew members are plowing sidewalks after storms in the winter and only occasionally have time for sign maintenance in this season. At other times 361 M &C2015 -86 Page 5 during the year a second crew is put together when the weather is too inclement to paint traffic lines and markings. The 2014 -2015 winter season was very hard on existing traffic signs. It is anticipated repairs from the winter will take a significant portion of the 2015 construction season to complete before regular construction season maintenance can begin. The crew will also work on components of Traffic Safety and Flow projects as needed throughout season. A Traffic Sign Best Management Practice (BMP) is being developed with planned completion in 2015. This BMP will guide the full lifecycle of signage from where and when signs are placed and their inspection and maintenance. When complete, Council will be advised of this BMP. Traffic Lines and Markings An inventory of 3300 traffic markings and 350 KM of traffic lines need to be re- painted each year. Paint is ordered in the winter. Equipment is readied in the Spring as winter operations are ending. Measuring and indicating locations of markings and lines that have worn off over the winter (called "pre- marking ") is started in early May this year and may take a month or so given how much paint is worn off after the harsh winter. Painting of markings in the South Central Peninsula is completed first and usually while other crews are still pre - marking. All crews are then deployed to painting in the South Central Peninsula including painting the traffic lines with the specialized Paint Truck. Painting of traffic lines then continue City -wide with one or two crews painting markings in higher traffic areas. Following the majority of the line painting operation, one crew will then deploy in each of East, North and West areas of the City to paint markings again with a focus on higher traffic intersections first. Crews will move to paint crosswalks around schools in mid - August for the beginning of school year. Crews will then return East, North and West. Timelines for each phase of this annual program is greatly impacted by weather conditions. Particular attention has been given to the purchased traffic paint in 2015. In two of the last three painting seasons, the quality of the purchased paint caused significant inefficiencies in the operation. For the 2015 procurement process, more controls were put in place such as more concise specifications on the paint composition required, the ability for the City to test the paint supplied to ensure the delivered paint meets specifications, and a penalty clause should the paint supplied not meet specifications. The Traffic Team reached out to the Provincial DTI, and the cities of Moncton and Fredericton and completed industry research to strengthen the requied specifications. Traffic Signals A high amount of traffic signal maintenance work by the Traffic Technologists remains reactive in nature. Much of the inventory of 70 signalized intersections is past its useful life with a great demand for maintenance. This team also locates underground traffic signal and sometimes other electrical infrastructure for contractors wanting to dig into the ground. Pre - planning work remains a challenge as a result. 362 M &C2015 -86 Page 6 Over the last couple of years the Traffic Team is introducing a focus on preventative maintenance of traffic signals to proactively keep traffic signals working, to improve on work planning and to provide a better assessment of the true infrastructure deficit associated with the older stock of existing traffic systems. For 2015, one team member is strengthening a signal inspection program and another member is developing part of the City's geographic information system to store asset location and inspection/condition data for both signal infrastructure and eventually traffic signs, markings and lines. The Traffic Technologists will also have a significant involvement in Traffic Safety and Flow Projects. Many of these projects involve installation of traffic signal infrastructure and installation of signs high off the ground. In 2014 Common Council supported the hiring of the third Traffic Technologist and this investment is showing improved results. Although a lot of maintenance remains reactive in nature, the team is now able to keep the backlog of outstanding job orders to a minimum, significantly increase the number of job orders completed, and put more focus on the preventative maintenance program and Traffic Safety and Flow Projects. As an example, 46 Traffic Signal Maintenance Job Orders were completed in 2013 and 126 were completed in 2014. CONCLUSIONS The scope of work planned by the Traffic Team in 2015 is aggressive and it will be a challenge to complete it fully. Requests for more safety and flow projects are received throughout a given year and 2015 is expected to be no different. It is important that citizens understand the work that is planned and that continued requests could be delayed for a future year. RECOMMENDATIONS It is recommended that Common Council receive and file this report. Respectfully submitted, r Timothy D. O'Reilly, P.Eng., M.Sc.E. Traffic Engineer Wm. Edwards, P. Eng. Commissioner, Transportation and Environment Services 363 R. Kevin Rice, C.E.T. Deputy Commissioner, Transportation and Environment Services J. Patrick Woods, CGA City Manager REPORT TO COMMON COUNCIL M &C- 2015 -99 8 May 2015 His Worship Mel Norton and Members of Common Council The city or saint John Your Worship and Councillors: SUBJECT: 2015 Fleet Replacement Program BACKGROUND: On an annual basis staff of the Fleet Management division prepare and present to user departments a list of vehicles and equipment recommended for replacement during the current year. The list is the result of a review of the assets within the City of Saint John Fleet by applying the principles of an economic fleet usage and replacement program as endorsed by the National Association of Fleet Administrators (NAFA). This list is then reviewed with the respective civic departments to ensure the recommendations fall within the scope of their production requirement. From these discussions a final list is developed in accordance with available program funding. The primary objective of the Fleet Replacement Program is to replace light and heavy duty vehicles and equipment used in the provision of municipal services in a fiscally responsible manner. The Fleet Management team uses an Optimum Replacement Point (ORP) analysis to determine which vehicles will be recommended for replacement. Attached to this report is the list of City of Saint John vehicles being recommended for replacement in 2015. ANALYSIS: The ORP is a numeric vehicle rating system which takes into account the vehicle age, accumulated kilometers, total maintenance costs incurred over the life of the vehicle, fuel consumption rating and overall mechanical condition. Once a vehicle attains an ORP score of 17 or greater it is deemed as a valid replacement asset during the current budget year. These replacement vehicle asset recommendations are also reviewed with the user departments to confirm they meet departmental requirements. In addition user departments are required to complete a "Vehicle and Motorized Equipment Needs Analysis" so as to justify the "right- sized" vehicle for departmental service requirements. And although vehicle specifications are created to encourage responsive vendor competition there are some vehicles which are unfortunately only manufactured by one company and consequently available from one supplier only. 364 2015 Fleet Replacement FINANCIAL IMPLICATIONS: Page 2 The City of Saint John user departments remit vehicle fees on a monthly basis, for the supply and use of Fleet vehicles. This internal funding has two primary financial objectives: 1. To recover the mechanical costs of maintaining the City of Saint John Fleet and, 2. To support the Vehicle Reserve Fund of which annually funds the Fleet Replacement program. The Fleet Replacement Program was established approximately 15 years ago based on the Province of New Brunswick's Department of Transportation model and the vehicle fee structure has been modified on occasion by Fleet Management staff to better reflect municipal service needs. Fleet Management staff have estimated the unit cost of each replacement vehicle based on experience, historical vehicle cost data, current Canadian vehicle market data, pertinent vendor/ manufacturer pricing, and communications with various Canadian municipalities concerning their recent vehicle tender awards. In addition, thirteen of these assets will be impacted by the CDN/USD exchange rates, given the new replacement vehicles will be manufactured in the United States. RECOMMENDATION: It is recommended that Common Council approve the acquisition of vehicle and equipment as identified in the attached Schedule 1 at an estimated cost of $3,635,000 plus applicable taxes. Respectfully submitted, Robert Russell, B.B.A. Manager of Fleet M. G�ry JI,e ans; CPA, CGA, MBA Commission f Finance and Administrative Services trick Woods, CPA, CGA City Manager 365 Schedule 1 08/05/2015 City of Saint John 2015 Proposed Fleet Replacement 0. Dept ORP New Vehicle 2015 Cost* 1 Bldg Insp 17 Sedan, Compact 20,000 2 Bldg Insp 17 Sedan, Compact 20,000 4 Engineering 27 Truck, 4WD 1/2 Ton 35,000 5 Carp Shop 28 Van, Cargo 30,000 6 Carp Shop 29 Truck, 2WD 1/2 Ton 25,000 7 LBR 27 Ice Machine 85,000 8 Leisure Sery 31 Truck, 4WD 3/4 Ton 40,000 9 Leisure Sery 31 Truck, 4WD 1/2 Ton 30,000 10 SJ Flre Dept 30 Truck, 4WD 1/2 Ton 35,000 11 SJ Flre Dept 27 Sedan, Mid -Size 30,000 12 SJ Water 32 Truck, 4WD 3/4 Ton 40,000 13 SJ Water 28 Truck, 4WD 1/2 Ton 55,000 14 SJ Water 20 Sedan, Compact 20,000 15 SJ Water 24 Truck, 4WD 1 Ton 65,000 16 SJ Water 33 Van, Cargo 30,000 17 SJ Water 18 Truck, 4WD 3/4 Ton 40,000 18 SJ Water 32 Truck, 1 C &C 4WD 75,000 19 SJ Water 29 Truck, 4WD 3/4 Ton 40,000 20 SJ Water 27 Truck, 3/4 ton 55,000 21 SJ Water 26 Truck, 3/4 ton 55,000 22 SJ Water 26 Truck, 3/4 ton 45,000 23 SJ Water 30 Truck, 1 ton C &C 60,000 24 TES 29 Truck, 4WD 1 Ton 60,000 25 TES 28 Truck, 4WD 1 Ton 60,000 26 TES 26 Replace w/Veh 582 - 27 TES 29 Truck, 4WD 1 Ton 60,000 28 TES 28 Truck, 4WD 1 Ton 60,000 29 TES 29 Truck, 4WD 1/2 Ton 30,000 30 TES 33 Truck, 4WD 1 Ton 60,000 31 TES 29 Truck, 4WD 1 Ton 60,000 32 TES 35 Truck, Tandem Axle Plow 270,000 33 TES 31 Truck, Single Axle Plow 225,000 34 TES 29 Truck, Tandem Axle Plow 270,000 35 TES 27 Truck, Tandem Axle Plow 270,000 36 TES 30 Truck, Tandem Axle Plow 270,000 37 TES 34 Truck, Tandem Axle Plow 270,000 38 TES 30 SnowBlower Attachment 115,000 39 TES 29 Sidewalk Machine, Tracked 175,000 40 TES 28 Sidewalk Machine, Trackless 110,000 41 TES 28 Sidewalk Machine, Trackless 110,000 42 TES 29 Sidewalk Machine, Trackless 110,000 43 TES n/a Sidewalk Snowblower 20,000 44 TES n/a Sidewalk Snowblower 20,000 45 TES n/a Sidewalk Snowblower 20,000 46 TES n/a Sidewalk Snowblower 20,000 0. Schedule 1 City of Saint John 2015 Proposed Fleet Replacement Dept ORP New Vehicle 47 TES n/a Sidewalk Snowblower 48 TES n/a Sidewalk Snowblower Subtotal Estimated exchange Estimated Total Funded as follows: Fleet reserve 2015 Capital Budget 2015 Capital projects under budget 367 2015 Cost* 20,000 20,000 3,635,000 190,000 3,825,000 2,000,000 1,000,000 825,000 3,825,000 08/05/2015 May 11, 2015 Deputy Mayor Rinehart and Councillors, Subject: Committee of the Whole: Destination Marketing Agreement - Renewal The Committee of the Whole, having met on May 11, 2015, adopted the following resolution: "RESOLVED that the Committee of the Whole recommends that Common Council approve the 5 year renewal agreement between the City of Saint John and Saint John Destination Marketing Inc. for the provision of tourism marketing services." Sincerely, Mel Norton Mayor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21- 41-1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1 M May 11, 2015 Deputy Mayor Rinehart and Councillors, Subject: Committee of the Whole: Water and Sewerage Utility Accounts Receivable The Committee of the Whole, having met on May 11, 2015, adopted the following resolution: "RESOLVED that the Committee of the Whole recommends that the report entitled, Water and Sewerage Utility Accounts Receivable, be received for information and the matter be referred to Open Session." Sincerely, Mel Norton Mayor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21- 41-1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1 9 May 11, 2015 Deputy Mayor Rinehart and Councillors, Subject: Committee of the Whole: Train Whistling Cessation The Committee of the Whole, having met on May 11, 2015, adopted the following resolution: "RESOLVED that the Committee of the Whole recommends Common Council: 1. Authorize the City Manager to formally request NBSR to pursue a train whistling exemption for the Rothesay Avenue and Thorne Avenue train crossings; and 2. Authorize the City of Saint John to execute the indemnities generally in the form as submitted on the condition that Transport Canada completes a final safety assessment of the Rothesay Avenue and Thorne Avenue train crossings and that the safety assessment concludes that it is appropriate to grant, without condition, a whistling exemption for those crossings." Sincerely, Mel Norton Mayor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21- 41-1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1 370 May 11, 2015 Deputy Mayor Rinehart and Councillors, Subject: Committee of the Whole: Revised Provisions - Saint John Substandard Properties Appeal Committee The Committee of the Whole, having met on May 11, 2015, adopted the following resolution: "RESOLVED that the Committee of the Whole recommends that: a) Common Council approve the revised Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee as submitted; and, b) Common Council appoint Ms. Nadia McPhee as an additional Vice - Chairperson for the Committee." Sincerely, Mel Norton Mayor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1 371