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2018-06-18_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting AGENDA Monday, June 18, 2018 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plait utiliser I'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. 1. Call to Order 2. Approval of Minutes 2.1 Minutes of June 4, 2018 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Province of New Brunswick - Federal Gas Tax Fund (GTF) - 2018 Allocation (Recommendation: Receive for Information) 5.2 Town of Quispamsis re: Thank You - Spring Freshet 2018 - Flood Relief Donations (Recommendation: Receive for Information) 5.3 ACAP Saint John - Request to Present (Recommendation: Refer to the Clerk to Schedule) 5.4 M.E. Carpenter - Public Transit in Saint John (Recommendation: Receive for Information) 5.5 Terms of the Spring 2018 Debenture Issue (Recommendation: Receive for Information) 5.6 Designation of By -Law Enforcement Officers (Recommendation in Report) 5.7 Contract No. 2018-01 Asphalt Resurfacing 2018 - Program Adjustment 1 Pages 1-13 14-14 15-15 16-16 17-17 18-20 21-26 27-29 Po eta Sy: K (Recommendation in Report) 5.8 Proposed Public Hearing Date - 707 Westmorland Road and 1003 Latimore 30-32 Lake Road (Recommendation in Report) 5.9 Amendment to Purchase and Sale Agreement with Plaza Retail REIT Corner of 33-39 Millidge and University Avenue (Recommendation in Report) 5.10 Patio Licence for Market Square (Recommendation in Report) 40-46 6. Members Comments 7. Proclamation 8. Delegations / Presentations 8.1 Province of New Brunswick - Communities Adapting to Climate Change 47-62 8.1.1 Transitioning to a Low -Carbon Economy 63-86 8.2 YMCA - Our Strategy for Shared Growth and Impact 87-98 9. Public Hearings - 6:30 p.m. 10. Consideration of By-laws 10.1 By -Law - Fees for Fire Protection Services 99-109 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 Demolition of Vacant, Dilapidated and Dangerous Building at 99-101 St. James 110-152 Street (PID# 2733) 12.2 Council Ticket Policy 153-158 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 17. Committee of the Whole 17.1 Award of Contract 2017-07 Musquash Water Pumping Station Electrical 159-162 Substation 17.2 Appointment of Employer Nominee to Arbitration Board 163-163 K 17.3 NB Museum Construction Commencement and Leases on Premise 164-164 17.4 Lomeville Road Upgrade 165-166 18. Adjournment City of Saint John Common Council Meeting Monday, June 18, 2018 Committee of the Whole 1. Call to Order Si vous avez besoin des services en fran�ais pour une r6union de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 10.(2)(4) of the Municipalities Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:30 p.m., 8th Floor Boardroom, City Hall 1.1 Approval of Minutes 68(1) 1.2 Financial Matter 68(1)(c j) 1.3 Financial Matter 68(1)(c) 1.4 Employment Matter 68(1)0) 1.5 Financial Matter 68(1)(c) 1.6 Personal Matter 68(1)(b) 1.7 Legal Matter 68(1)(f,g) C! Ville de Saint John Seance du conseil communal Lundi 18 juin 2018 18 h, salle du conseil Comit6 pl6nier 1. Ouverture de la s6ance Si vous souhaitez obtenir des services en fran�ais pour une seance du conseil communal, veuillez communiquer avec le bureau de la greffiere communale au 658-2862. Chacun des points suivants, en totalite ou en partie, peut faire Fobjet d'une discussion en prive en vertu des dispositions prevues a Particle 10 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 conf6rence, 8e 6tage, hotel de Ville 1.1 Approbation duproces-verbal 68(1) 1.2 Question financiere — alineas 68(1)c) et j) 1.3 Question financiere — alinea 68(1)c) 1.4 Question relative a Femploi — alinea 68(ly) 1.5 Question financiere — alinea 68(1)c) 1.6 Question financiere — alinea 68(1)b) 1.7 Question juridique — alineas 68(1)/) et g) S6ance ordinaire 1. Ouverture de la s6ance 2. Approbation du proces-verbal 2.1 Proces-verbal du 4 juin 2018 3. Adoption de Pordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a Papprobation du conseil 5.1 Province du Nouveau -Brunswick — Allocation en 2018 dans le cadre du Fonds federal de la taxe sur 1'essence (recommandation : accepter a titre informatif) 61 5.2 Ville de Quispamsis : Merci — Crues printani&res de 2018 — Dons pour venir en aide aux victimes des inondations (recommandation : accept& a titre informatif) 5.3 Plan d'assainissement du littoral atlantique de Saint John — Pr6sentation d'une demande (recommandation : transmettre a la greffi&re pour qu'une date de pr6sentation soit fix&e) 5.4 M.E. Carpenter — Transport en commun a Saint John (recommandation accepter a titre informatif) 5.5 Modalit&s relatives a F &mission d' obligations du printemps 2018 (recommandation : accepter a titre informatif) 5.6 Nomination d'agents d'ex&cution des arret&s municipaux (recommandation figurant au rapport) 5.7 Contrat ri 2018-01 : Resurfa�age d'asphalte 2018 — Ajustement au programme (recommandation figurant au rapport) 5.8 Date propos&e de la tenue d'une audience publique relativement au 707, chemin Westmorland et au 1003, chemin Latimore Lake (recommandation figurant au rapport) 5.9 Modification de la convention d'achat-vente conclue avec Plaza Retail REIT, a Fintersection de Favenue Millidge et de Favenue University (recommandation figurant au rapport) 5.10 Permis de terrasse pour Market Square (recommandation figurant au rapport) 6. Commentaires pr6sent6s par les membres 7. Proclamation 8. D616gations et pr6sentations 8.1 Province du Nouveau -Brunswick — Les collectivit&s s'adaptent aux changements climatiques 8.1.1 Transition vers une &conomie a faible teneur en carb one 8.2 YMCA — Notre strat&gie pour une croissance et des retomb&es communes 9. Audiences publiques —18 It 30 10. Etude des arret6s municipaux 10.1 Arret& — Frais pour les services de protection contre les incendies 11. Interventions des membres du conseil 12. Affaires municipales 6voqu6es par les ffonctionnaires municipaux 12.1 Demolition de batiments vacants, delabres et dangereux au 99- 101, rue St. James (NID 2733) 12.2 Politique du conseil en matiere de contravention 13. Rapports deposes par les comites 14. Etude des sujets ecartes des questions soumises a Papprobation du conseil 15. Correspondance generale 16. Ordre du jour supplementaire 17. Comite plenier 17.1 Attribution du contrat 2018-07 Poste electrique de pompage d'eau de Musquash 17.2 Nomination d'un candidat de 1'employeur a un conseil d'arbitrage 17.3 Debut de la construction du Musee du Nouveau -Brunswick et baux sur place 17.4 Amelioration du chemin Lorneville 18. Levee de la seance M 100 - Council Minutes- Regular Meeting June 4, 2018 1► 1101011111.=ilk] xe111 w_1C71LTA 111isI1010 COMMON COUNCIL OF THE CITY OF SAINT JOHN J U N E 4, 2018 AT 6:30 PM IN THE COUNCIL CHAMBER Present: Mayor D. Darling Deputy Mayor S. McAlary Councillor -at -Large Gary Sullivan Councillor Ward 1 Blake Armstrong Councillor Ward 1 Greg Norton Councillor Ward 2 Sean Casey Councillor Ward 2 John MacKenzie Councillor Ward 3 Gerry Lowe Councillor Ward 3 Donna Reardon Councillor Ward 4 David Merrithew Absent: Councillor Ward 4 Ray Strowbridge Also Present: City Manager J. Trail Deputy City Manager N. Jacobsen City Solicitor J. Nugent Commissioner of Finance and Treasurer K. Fudge Commissioner of Growth and Community Development J. Hamilton Commissioner Transportation and Environment M. Hugenholtz Common Clerk J. Taylor Deputy Common Clerk P. Anglin 1. Call to Order Mayor Darling called the meeting to order. 1 100 - Common Council Minutes June 4, 2018 2. Approval of Minutes 2.1 Minutes of Mav 22. 2018 Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the minutes of the meeting of Common Council, held on May 22, 2018, be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the agenda of this meeting be approved with the addition of item 17.1 Recommended Appointments to Committees. MOTION CARRIED. 4. Disclosures of Conflict of Interest The City Solicitor J. Nugent and Councillor G. Norton declared a conflict with item 5.5 Submission from West Side Ratepayers Association. S. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M&C2018-167: NB Children's Foundation Financial Agreement for Splash Pad, Common Council direct the Mayor and Common Clerk to sign the necessary documentation associated with the financial agreement with the New Brunswick Children's Foundation that is attached to M&C 2018-167. 5.2 That as recommended by the City Manager in the submitted report M&C 2018-164: Contract No. 2018-05: Rockland Road (Somerset Street to Parks Street) — Watermain, Sanitary Sewer and Storm Sewer Installation and Street Reconstruction, the contract be awarded to the low Tenderer, Galbraith Construction Ltd., at the tendered price of $689,853.95 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.3 That as recommended by the City Manager in the submitted report M&C 2018-146: Contract No. 2018-06: Sanitary Sewer Structural Lining — Various Locations, a) Common Council approve the addition of sanitary sewer lining projects on Autumn Street and Princess Street to the 2018 Water & Sewerage Utility Fund Capital Program along with program budget adjustments with the total overall budget for phase 1 sewer lining projects to remain at the original approved amount as follows: K 100 - Council Minutes- Regular Meeting June 4, 2018 Project Budget Currie Avenue $ 100,000 Mill Street $ 90,000 Jack's Field $ 150,000 Paddock Street $ 65,000 Princess Street $ 50,000 Autumn Street 50,000 Total $ 505,000 b) Contract No. 2018-06: Sanitary Sewer Structural Lining — Various Locations be awarded to the low Tenderer, Fjord Fusion Inc., at the tendered price of $214,094.32 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. c) Common Council approve the addition of a new project in the 2018 Water & Sewerage Utility Fund Capital Program entitled Sanitary Sewer Structural Lining Phase 2 — Various Locations, in the amount of $190,000. 5.4 That as recommended by the City Manager in the submitted report M&C2018-160: Small Communities Fund (SCF) and Clean Water Wastewater Fund (CWWF) Contribution Agreements and Proposed 2018 Water & Sewerage Utility Fund and 2017/2018 General Fund (Transportation & Storm Categories) Capital Program Adjustments, Common Council authorize the Mayor and Common Clerk to execute the following Funding Agreements under the Small Communities Fund (SCF) and under the Clean Water Wastewater Fund (CWWF): • Road Rehabilitation (SCF) • Visart Street - Watermain Renewal and Sewer Separation (SCF) • Rockland Road - Watermain Renewal and Sewer Separation (SCF) • Wentworth Street - Sewer Separation, Watermain and Sanitary Sewer Renewals (CWWF) • Chipman Hill — Sewer Separation Watermain and Sanitary Sewer Renewals (CWWF) • SCADA System (Revised CWWF) • McAllister Drive - Watermain Renewal (Revised CWWF) And, Common Council approve the adjustments to the 2018 Water & Sewerage Utility Fund and 2017/2018 General Fund (Transportation & Storm Categories) Capital Programs as contained in the submitted documents with the overall City Share component of the Capital Programs to remain the same as originally approved by Common Council. 5.5 Refer to Item 14.1 5.6 That the letter from R. Hector regarding vehicle traffic on Spar Cove Road be referred to the City Manager. K3 100 - Common Council Minutes June 4, 2018 5.7 That the letter from M.E. Carpenter re: Professional Evaluation of Public Transit, be received for information. 5.8 That the letter from the Province of New Brunswick acknowledging receipt of comments relative to the proposed amendment to the Simonds Parish Planning Area Rural Plan Regulation, be received for information. 5.9 That the submission from Higher Life Christian Centre re: Higher Life Festival June 15 to 17, 2018, be received for information. 5.10 That the report entitled ABC Written Reports — May 2018 be received for information. 5.11 That as recommended by the City Manager in the submitted report, M&C 2018-169: 2018 Lifeguard Service, Common Council award the 2018 Lifeguard Services contract to the Canada Games Aquatic Centre, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the recommendation set out in each consent agenda item respectively, with the exception of item 5.5 be adopted. MOTION CARRIED UNANIMOUSLY. Councillor G. Norton and City Solicitor J. Nugent withdrew from the meeting. 14. Consideration of Issues Separated from Consent Agenda 14.1 West Side Ratepayers Association: Water Quality— Request for Public Information Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the submission from the West Side Ratepayers Association, Water Quality — Request for Public Information, be referred to the Acting City Solicitor M. Tompkins. MOTION CARRIED. Councillor G. Norton and City Solicitor J. Nugent re-entered the meeting. 6. Members Comments Council members commented on various community events. 7. Proclamation 7.1 Prostate Cancer Canada Plaid for Dad —June 15, 2018 CI 100 - Council Minutes- Regular Meeting June 4, 2018 The Mayor proclaimed June 15, 2018 as Prostate Cancer Canada Plaid for Dad Day in The City of Saint John. 8. Delegations/Presentations 9. Public Hearings 6:30 PM 10. Consideration of By-laws 10.1 36 St. James Street — Proposed Zoning Bylaw Amendment with Section 59 Conditions (3rd Reading) Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-59 A Law to Amend the Zoning By - Law of The City of Saint John, amending Schedule "A", the Zoning Map of The City of Saint John, by re -zoning a parcel of land having an area of approximately 2364 square metres, located at 36 St. James Street, also identified as PID Numbers 00001750, 00001743, 00001685, 00001677 and 00001669 from Major Community Facility (CFM) to Urban Centre Residential (RC), be read. IL 10000►[4L1:k]k]11191 The by-law entitled, "By -Law Number C.P. 111-59 A Law to Amend the Zoning By -Law of The City of Saint John", was read in its entirety. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that Common Council rescind the Section 39 conditions imposed on the January 27, 1986 and September 29, 1980 rezonings of PID Numbers 00001750, 00001743, 00001677 and 00001669; and, That, pursuant to Section 59 of the Community Planning Act, the development and use of the parcel of land with an area of approximately area of approximately 2,486 square metres, located at 36 St. James Street also identified as PID Numbers 00001750, 00001743, 00001685, 00001669, 00001677, and 00002394 be subject to the following conditions: a. That any development of the site be in accordance with a detailed site plan to be prepare by the proponent and subject to the approval of the Development Officer, indicating: the location of all buildings and structures, vehicular parking areas & driveways, bicycle parking, loading areas, signage, exterior lighting, outdoor storage areas, landscape and amenity areas, and other site features. The site plan is to be attached to the application for the building permit for the proposed development and all site improvements illustrated on the plan must be completed within one year of completion of the development. 61 100 - Common Council Minutes June 4, 2018 b. That the proposed development be constructed in accordance with detailed elevation plans prepared by the developer and approved by the Development Officer. These building elevation plans must be attached to the application for the building permit for the proposed development. c. Notwithstanding paragraph 10.1 (3) of the Zoning By-law the height of building be limited to the existing building height at maximum elevation. LTA [0000114L1:k]k]111101 Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-59 A Law to Amend the Zoning By - Law of The City of Saint John, amending Schedule "A", the Zoning Map of The City of Saint John, by re -zoning a parcel of land having an area of approximately 2364 square metres, located at 36 St. James Street, also identified as PID Numbers 00001750, 00001743, 00001685, 00001677 and 00001669 from Major Community Facility (CFM) to Urban Centre Residential (RC), be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the by-law entitled, "By -Law Number C.P. 111-59 A Law to Amend the Zoning By -Law of The City of Saint John". 10.2 453 Boars Head Road and 573 Woodward Avenue — Proposed Zoning Bylaw Amendment with Section 59 Conditions (3rd Reading) Moved by Councillor MacKenzie, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-60 A Law to Amend the Zoning By - Law of The City of Saint John", amending Schedule A, the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 4 hectares, located at 453 Boars Head Road and 573 Woodward Avenue also identified as PID Numbers 55219836 and 55220701 from One -Unit Residential (R1) to Low -Rise Residential (RL) and Mid -Rise Residential (RM), be read. MOTION CARRIED. The by-law entitled, "By -Law Number C.P. 111-60 A Law to Amend the Zoning By -Law of The City of Saint John", was read in its entirety. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that, pursuant to Section 59 of the Community Planning Act, the development and use of the area of approximately 3.9 hectares, located at 453 Boars Head Road and 573 Woodward Avenue, also identified as PID Numbers 55219836 and 55220701 shall be subject to the following conditions: C.1 100 - Council Minutes- Regular Meeting June 4, 2018 a. That any development of the site be in accordance with a detailed site plan to be prepared by the proponent and subject to the approval of the Development Officer, indicating the location of all buildings, structures, parking areas, driveways, loading areas, signs, exterior lighting, outdoor storage areas, amenity areas, pedestrian circulation elements and other site features. This site plan is to be attached to the application for the building permit for the respective part of the proposed development and all site improvements illustrated on the plan must be completed within one year of completion of the respective building. b. That any proposed buildings be constructed in accordance with detailed elevation plans prepared by the developer and approved by the Development Officer to ensure compliance with applicable standards. These building elevation plans must be attached to the application for any building permit for the proposed development. c. Engineering water demands (Maximum and average day demand and Fire Flow Demand) and sewer flows based on Atlantic Canada Wastewater Guidelines Manual and Atlantic Canada Guidelines for the Supply, Treatment, Storage, Distribution, and Operation of Drinking Water Supply Systems, geodetic elevations of the proposed buildings, and the connection location for the above listed water and sewer flows must be submitted by the proponent to the City for review and incorporation into the City's water and sanitary sewer models to analyse the impacts of the proposed development on the Municipal system. This information shall be submitted prior to the issuance of a building permit for 453 Boars Head Road and prior to the issuance of tentative subdivision approval for the full build out of 573 Woodward Avenue. Any upgrades/extensions to the existing municipal infrastructure required to service this proposed development is the owner/developer's full responsibility and cost to complete. d. An engineering storm water drainage plan and design report must be completed by the applicant's engineering consultant indicating how storm water collection and disposal will be handled for full build out of the development or a portion thereof. If any municipal infrastructure improvements are required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. e. Any private easements required to facilitate servicing or drainage shall be the responsibility of the applicant to obtain. f. A traffic impact statement is required from the applicant's traffic engineering consultant to review and recommend on the interconnection of the proposed street with Woodward Avenue. This information must be provided to the City for review and approval by the City. MOTION CARRIED. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-60 A Law to Amend the Zoning By - Law of The City of Saint John", amending Schedule A, the Zoning Map of The City of Saint John, by r� 100 - Common Council Minutes June 4, 2018 rezoning a parcel of land having an area of approximately 4 hectares, located at 453 Boars Head Road and 573 Woodward Avenue also identified as PID Numbers 55219836 and 55220701 from One -Unit Residential (R1) to Low -Rise Residential (RL) and Mid -Rise Residential (RM), be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the by-law entitled, "By -Law Number C.P. 111-60 A Law to Amend the Zoning By -Law of The City of Saint John". 10.3 630 and 656 Grandview Avenue — Proposed Zoning Bylaw Amendment with Section 59 Conditions (3rd Reading) Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-61, A Law to Amend the Zoning By - Law of The City of Saint John", be amended by adding "Special Zone No. 2 SZ -2" in Section 2.2; and adding "Special Zone No. 2 (SZ -2)" in Section 14.7 to include 14.7(1) Permitted Uses and 14.7(2) Zone Standards; and rezoning a parcel of land with an area of approximately 2.08 hectares, located at 630 and 656 Grandview Avenue, also identified as PID Numbers 55061865 and 00348425, from Medium Industrial (IM) to Special Zone No. 2 (SZ -2), be read. MOTION CARRIED with Councillor Reardon voting nay stating that the parking lot does not meet standard for curbing. The by-law entitled, "By -Law Number C.P. 111-61 A Law to Amend the Zoning By -Law of The City of Saint John", was read in its entirety. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that, pursuant to Section 59 of the Community Planning Act, the development and use of a parcel of land with an area of approximately 2.08 hectares, located at 630 & 656 Grandview Avenue, also identified as PID Numbers 55061865 and 00348425, be subject to the following conditions: a. That the proponent prepare a landscaping plan, detailing the proposed landscaping of the site, which must incorporate shrubs along the frontage of the site, and submit this plan for the approval of the Development Officer with the required change of use 1 development permit. This landscaping must be completed prior to September 30, 2018. b. That the proponent provide a stormwater plan and design report, prepared by a Professional Engineer, indicating how storm water collection and disposal will be handled on the site. This report is required to be provided with the required change of use/development permit. No stormwater is to be directed to adjacent lands and as -built drawings are required from the proponent for all constructed Storm Drainage Systems. E:3 100 - Council Minutes- Regular Meeting June 4, 2018 c. Any municipal infrastructure improvements required to service this proposal being the proponent's full responsibility and cost to complete. d. A Traffic Impact Statement, prepared by the proponent's traffic engineering consultant.is required to be provided to the City for review and approval with the application for the required change of use / development permit. e. That the proponent to supply confirmation of the issuance of the required Wetland and Watercourse alteration permits with the change of use / development permit application. f. That the use of the site as a parking area be limited to parking associated with contractors working on turnarounds at the refinery and that the access to the parking lot be restricted via means such as a gate or bollards and chain when a turnaround is not occurring. MOTION CARRIED with Councillor Reardon voting nay. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-61, A Law to Amend the Zoning By - Law of The City of Saint John", be amended by adding "Special Zone No. 2 SZ -2" in Section 2.2; and adding "Special Zone No. 2 (SZ -2)" in Section 14.7 to include 14.7(1) Permitted Uses and 14.7(2) Zone Standards, and rezoning a parcel of land with an area of approximately 2.08 hectares, located at 630 and 656 Grandview Avenue, also identified as PID Numbers 55061865 and 00348425, from Medium Industrial (IM) to Special Zone No. 2 (SZ -2), be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED with Councillor Reardon voting nay. Read a third time by title, the by-law entitled, "By -Law Number C.P. 111-61 A Law to Amend the Zoning By -Law of The City of Saint John". 10.4 A Bylaw respecting Unsightly Premises and Dangerous Buildings and Structures with The City of Saint John (3rd Reading) Moved by Deputy Mayor McAlary, seconded by Councillor Lowe: RESOLVED that the by-law entitled, "By -Law Number M-30, A By -Law Respecting Unsightly Premises and Dangerous Buildings and Structures within The City of Saint John", which has been updated to comply with the provisions and requirements of the Local Governance Act, repealing and replacing the by-law enacted on the 12th day of March, 2012, be read. IL [00411111►[4L1:k]k]11191 100 - Common Council Minutes June 4, 2018 The by-law entitled, "By -Law Number M-30, A By -Law Respecting Unsightly Premises and Dangerous Buildings and Structures within The City of Saint John", was read in summary as permitted under the Local Governance Act. Moved by Deputy Mayor McAlary, seconded by Councillor Norton: RESOLVED that the by-law entitled, "By -Law Number M-30, A By -Law Respecting Unsightly Premises and Dangerous Buildings and Structures within The City of Saint John", which has been updated to comply with the provisions and requirements of the Local Governance Act, repealing and replacing the by-law enacted on the 12th day of March, 2012, be read a third time, enacted, and the Corporate Common Seal affixed thereto. LTA 100000114Y1:k]k]111101 Read a third time by title, the by-law entitled, "By -Law Number M-30, A By -Law Respecting Unsightly Premises and Dangerous Buildings and Structures within The City of Saint John". 11. Submissions by Council Members 11.1 Rainbow Crosswalk in the Uptown (Mayor Darling) Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that Council authorize the painting of a Rainbow crosswalk in the Uptown area prior to the Pride celebrations taking place in August. MOTION CARRIED. 12. Business Matters - Municipal Officers 12.1 Demolition of Vacant, Dilapidated and Dangerous Buildings at 11 Saddlebrook Court (PID# 55207369) and 51 Saddlebrook Court (PID# 55207385) Staff outlined the process for demolishing a structurally unsound and dilapidated building, stating that there is a priority list for over 200 buildings. Compliance inspections rate the hazardous state of the building. The process is governed by the Local Governance Act and includes sending Notices to Comply to the owners. The Mayor read the cautionary statement as follows: "The information which has been provided in the Council Kit includes the report of the Building Inspector stating that the building located at 11 Saddlebrook Court (PID# 55207369) is a hazard to the safety of the public by virtue of its being, amongst other things, dilapidated or structurally unsound. Is there present an owner, including anyone holding any encumbrance upon this ito] 100 - Council Minutes- Regular Meeting June 4, 2018 property, who wishes to present evidence to the contrary, i.e. that the building is structurally sound and not dilapidated?" No one came forward to present evidence. The Mayor read the cautionary statement as follows: "The information which has been provided in the Council Kit includes the report of the Building Inspector stating that the building located at 51 Saddlebrook Court (PID# 55207385) is a hazard to the safety of the public by virtue of its being, amongst other things, dilapidated or structurally unsound. Is there present an owner, including anyone holding any encumbrance upon this property, who wishes to present evidence to the contrary, i.e. that the building is structurally sound and not dilapidated?" No one came forward to present evidence. Moved by Councillor Sullivan, seconded by Deputy Mayor McAlary: RESOLVED that as recommended by the City Manager in the submitted report, M&C2018-170: Demolition of Vacant, Dilapidated and Dangerous Buildings at 11 Saddlebrook Court (PID# 55207369) and 51 Saddlebrook Court (PID# 55207385), 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 11 Saddlebrook Court (PID# 55207369) and 51 Saddlebrook Court (PID# 55207385), in accordance with the applicable City purchasing policies. MOTION CARRIED. 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 NB 55+ Summer Games Hockey Team — Request for Sponsorship Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the letter from NB 55+ Summer Games Hockey Team — Request for Sponsorship be received for information. MOTION CARRIED. 15.2 The Y's Men's Club 4t" Annual Lovalist Citv Ribfest — Request for 5100 Grant 11 100 - Common Council Minutes June 4, 2018 Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the letter from the Y's Men's Club 4t" Annual Loyalist City Ribfest — Request for $100 Grant be received for information. MOTION CARRIED. 16. Supplemental Agenda 17. Committee of the Whole 17.1 Recommended Appointments to Committees Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that as recommended by the Committee of the Whole, having met on June 4, 2018, Common Council approves the following appointments: Canada Games Foundation: to reappoint William Kean for a three year term from June 4, 2018 to June 4, 2021 and to appoint Chris Daigle from August 4, 2018 to August 4, 2021 Fort LaTour Authority: to appoint Donna Mazerolle for a three year term from June 4, 2018 to June 4, 2021 Harbour Station: to reappoint Gary MacDonald for a three year term from June 4, 2018 to June 4, 2021 Power Commission of The City of Saint John: to reappoint Ross Galbraith for a three year term from June 4, 2018 to June 4, 2021 PRO Kids: to appoint Andrew Holmes, Patrick Steeves, and Jordan Tracey for three year terms from June 4, 2018 to June 4, 2021 Saint John Community Arts Board: to appoint Sandrine Selway for a three year term from June 4, 2018 to June 4, 2021 Saint John Free Public Library: to reappoint both Margaret Urquart and Rachel Bryant for three year terms from June 19, 2018 to June 19, 2021 and August 4, 2018 to August 4, 2021 respectively Saint John Parking -Transit Commission: to reappoint David Duplisea for a three year term from August 4, 2018 to August 4, 2021 12 100 - Council Minutes- Regular Meeting June 4, 2018 Trade and Convention Centre Oversight Committee: to reappoint both Stephen Flynn and Gerald Clayton for three year terms from June 4, 2018 to June 4, 2021 and August 4, 2018 to August 4, 2021 respectively MOTION CARRIED. 18. Adjournment Moved by Councillor MacKenzie, seconded by Councillor Armstrong: RESOLVED that the meeting of Common Council held on June 4, 2018, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 7:32 p.m. Mayor / maire Common Clerk/ greffier communal 13 BNewAh unsNouveau rwick C A N A D A May 31, 2018 His Worship Donald Darling Mayor of Saint John P.O. Box 1971 15 Market Square Saint John, NB E21-41-1 Your Worship: Subject: Federal Gas Tax Fund (GTF) — 2018 Allocation City of Saint John — Reference No. (6934.078.0000) I am pleased to inform you that under the Federal Gas Tax Fund (GTF) program, the 2018 allocation of $5,166,691 is available for the City of Saint John to be invested in municipal infrastructure or capacity building projects from your 2014-2018 Capital Investment Plan. This funding is to be transferred in two equal payments as follows: ➢ a first payment before July 31, 2018; and ➢ a second payment before March 29, 2019. The above mentioned payments will be made once the Province is in receipt of the annual allocation from the Government of Canada, and if you are in compliance with the terms and conditions of our Agreement on the Gas Tax Fund with Local Governments. Please feel free to contact Mr. Luc Theriault, Programs Coordinator, at (506) 453-4021 if you have any questions. Sincerely, Hon. Andrew Harvey Minister C. Ms. Sara DeGrace, Assistant Deputy Minister Minister/Ministre Environment and Local Govern ment/Environnem ent et Gouvernements locaux P.O. Box/C.P. 6000 Fredericton New Brunswick/Nouveau-Brunswick E3B 5H1 14 www.gnb.ca/localgovernment www.gnb.ca/gouvernementslocaux O fi II c e o Q t h #' M'.#, o I# 11"o "IF'»fl' #"# of r s p a U" -i° w o# s .# Court RO, Box 2II085 f Qana,spainsas, II`wVB I E##F 4Z4r � 506849 5778 If., 506 849 5799 1 May 28, 2018 Mayor Don Darling City of Saint John 15 Market Square P. O. Box 1971 Saint John, NB Your Worship: J(t"111 2018 I would like to take this opportunity, on behalf of Town Council, Staff and Residents of Quispamsis to express our appreciation to the City of Saint John's EMO Team for allowing Lis to participate in a coordinated response to the 2018 Spring Freshet flood. It was wonderful to see how our greater community pulled together in its efforts to minimize the destruction for homeowners that were most affected by the rising waters. Flood levels, as you are well aware, reached a high of nearly six meters; well above the flood stage of 4.2 meters. By rallying together, the communities along the Saint John River, Kennebecasis and Hammond Rivers persevered through the worst flooding event we have seen in this part of the Province in recent history. All the best in your recovery efforts! Sincerely, Gary Clark Mayor 15 www,,gkiisparnsis, c From: Graeme Stewart -Robertson [mailto:araemeCd)acagsi.orq] Sent: 3une-12-18 10:44 PM To: External - CommonClerk Subject: Presentation to Council Saint John Common Clerk, attn: John Taylor, It is with this letter that I, on behalf of my organization, ACAP Saint John, request a presentation before Saint John Common Council with respect to the state of impact of single -use plastics, and associated inorganic debris, on the environmental health and quality of life within the municipality. This request comes in response to both global trends in environmental policy and corporate citizenship, as well as the ever-increasing volume of calls from within our community and local officials to respond to the precipitous problem of persistent marine, riverine and terrestrial plastic waste. As the City of Saint John continues to pursue an ambitious growth agenda, while embracing its diverse and storied natural and cultural heritage as the "Port City", it is ideally positioned to pursue innovations and advances that send a message across Canada of leadership and stewardship of that very identity. It is for that reason that I look forward to presenting to Common Council on the state of the city's environment with respect to this important topic, from the perspective of one of Atlantic Canada's most respected environmental organizations. Please direct any additional questions or comments to my attention, as I will make myself available to the Mayor and Councillors on their behest. Kindest Regards, Graeme Stewart -Robertson ExecuuU e Direa.gor, /i CAP SafiA Um Cril d]: graeme(a�acapsj.00r PIof 1IC: 506 652-2227 twitter and instap rn (CLgraerne sr Re: Is Saint John Transit above the law? Your Worship and council, The municipal transportation plans of the last half century have fostered a two tiered society in Saint John: Those with avehicle and those without. The rights of the "have nots" have been trampled and ignored in a culture of abuse where the biggest bully rules. The biggest bully nnthe block isSaint John Transit. Public transit should be a champion for the rights of the "have nots" but not in Saint John. What isthe legality of a public transit system that appears to bedesigned bythe taxi industry? The professional evaluation of Saint John Transit by experts from outside the greater Saint John area is Respectfully, Mary 7EIen Carpenter�,-- safei)lavmoncton gmailcom IMMOK12� 17 COUNCIL REPORT M&C No. 2018-173 Report Date June 04, 2018 Meeting Date June 18, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Terms of the Spring 2018 Debenture Issue OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Deputy Commissioner/ Dept. Head City Manager Craig Lavigne Cathy Graham/Kevin Fudge Jeff Trail RECOMMENDATION It is recommended that this report be received and filed. EXECUTIVE SUMMARY On May 15, 2018 the New Brunswick Municipal Finance Corporation negotiated the sale of a serial bond issue in the amount of $104,600,000 of which $4,080,000 related to the City of Saint John refinancing debentures from 2008. PREVIOUS RESOLUTION M&C 2018 - 72 - Whereas occasion having arisen in the public interest for the following public civic works and needed civic improvements, that is to say: REFINANCE DEBENTURES Debenture No. AY 7-2008 $ 2,830,000 (General Fund — 5 years) Debenture No. AY 8-2008 $ 1,250,000 (Water & Sewerage —10 years) $ 4,080,000 TOTAL $ 4,080,000 iF:3 -2- 1. Therefore resolved that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto to the amount of four million and eighty thousand dollars ($4,080,000). 2. Commissioner of Finance be authorized to issue and to sell to the New Brunswick Municipal Finance Corporation (the "Corporation") a City of Saint John bond or debentures in the principal amount of four million and eighty thousand dollars, ($4,080,000) at such terms and conditions as are recommended by the Corporation. 3. And further that the City of Saint John agrees to issue post-dated cheques to the Corporation, or other such arrangements as the Corporation may from time to time accept, in payment of principal and interest charges on the above bond or debenture as and when they are required by the Corporation. 4. And further that the Commissioner of Finance be hereby authorized to receive an offer in connection with the foregoing debentures at a price not less than $98 per $100 of debenture, at interest rates not to exceed an average of 4.50% and a term not to exceed 5 years for the General Fund and term not to exceed 10 years for the Water and Sewerage Utility. 5. And further that the Commissioner of Finance report to Common Council the exact values for price per $100 of debenture, interest rate and term in years, together with the date of the issue. REPORT The terms of the issue as they relate to Saint John are as follows: Term: 5 year serial form (General) $ 2,830,000 10 year serial form (Utility) $ 1,250,000 Coupon Rate: Year 1 - 2.10% Year 6 - 3.10% Year 2 - 2.45% Year 7 - 3.25% Year 3 - 2.65% Year 8 - 3.35% Year 4 - 2.85% Year 9 - 3.40% Year 5 - 3.00% Year 10 - 3.45% Price: $ 99.41 (Principal: $2,830,000) $ 99.18 (Principal: $1,250,000) -3 - Average Interest Rate: 2.61% - 5 Years 2.96% - 10 Years Settlement Date: May 28, 2018 The interest rates and the discount factor were within the limits approved by Common Council at its meeting held on March 26t", 2018. As such the Mayor and Common Clerk have signed the debentures between the City and the New Brunswick Municipal Finance Corporation for $4,080,000 at the terms listed above on May 18t", 2018. SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A 491 COUNCIL REPORT M&C No. 2018-182 Report Date June 12, 2018 Meeting Date June 18, 2018 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Designation of By -Law Enforcement Officers OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Rachel Van Wart Amy Poffenroth/ Jacqueline Hamilton Jeff Trail RECOMMENDATION It is recommended that Common Council adopt the attached resolution. EXECUTIVE SUMMARY For the second year, Growth and Community Development Services will be implementing an enhanced Dangerous & Vacant Building Program to support the Roadmap for Smart Growth to address buildings that negatively affect the quality of life and public safety in urban, residential and non-residential neighborhoods. Catherine Lowe has been hired as the temporary professional resource (4 -month term) to help implement this enhanced program. The purpose of this report is to appoint Ms. Lowe with respect to the by-laws enforced by Growth and Community Development Services, including the authority to enter upon property to conduct inspections, issue Notices to Comply and lay informations in Provincial Court. In addition, due to the recently enacted Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, Pamela Bentley, Vincent Chan, Lorraine Denton, Tamara Duke, Marc Goguen, Stephen Guenette, Christopher McKiel, Philip Mitton, Mark O'Leary, Amy Poffenroth, Dennis Richard, Mark Slader and Rachel Van Wart will be designated as By -Law Enforcement Officers to enforce the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law. 21 -2 - PREVIOUS RESOLUTION N/A REPORT It is necessary at this time to designate Catherine Lowe as a By-law Enforcement Officer by adopting the attached resolution so that she may carry out her duties pertaining to enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law. In addition, Ms. Lowe will also be authorized for the right to enter upon property for the purpose of making any inspection necessary for the administration of by- laws that fall within the scope of the Community Planning Act. These powers of entry are described in Section 133(1) of the Act and extend to the Saint John Building By-law, the Zoning By-law and the Flood Risk Areas By-law. Due to the recently enacted Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, Pamela Bentley, Vincent Chan, Lorraine Denton, Tamara Duke, Marc Goguen, Stephen Guenette, Christopher McKiel, Philip Mitton, Mark O'Leary, Amy Poffenroth, Dennis Richard, Mark Slader and Rachel Van Wart will be designated as By-law Enforcement Officers by adopting the attached resolution so that they may carry out their duties pertaining to enforcement of said By -Law. STRATEGIC ALIGNMENT This report aligns with Council's "Vibrant, Safe City" Priority. SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Legal Department drafted the attached resolution. ATTACHMENTS Resolution WA RESOLVED, that as recommended by the City Manager, the following resolution be adopted: 1. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and amendments thereto, (the "Local Governance Act") including the Saint John Unsightly Premises and Dangerous Buildings and Structures By- law, By-law Number M- 30 and amendments thereto, and it may from time to time be necessary to make inspections for the administration of the By-law; AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; AND WHEREAS subsection 144(2) of the Local Governance Act provides that a council may authorize officers enter the land, building or other structure at any reasonable time, and carry out the inspection after giving reasonable notice to the owner or occupant of the land, building or other structure to be entered; NOW THEREFORE BE IT RESOLVED, that Pamela Bentley, Vincent Chan, Lorraine Denton, Tamara Duke, Marc Goguen, Stephen Guenette, Catherine Lowe, Christopher McKiel, Philip Mitton, Mark O'Leary, Amy Poffenroth, Dennis Richard, Mark Slader and Rachel Van Wart , By-law Enforcement Officer, are hereby appointed as an inspection officer and authorized to enter at all reasonable times upon any property within the territorial boundaries of the City of Saint John for the purpose of making any inspection that is necessary for the administration of the Saint John Unsightly Premises and Dangerous Buildings and Structures By- law which received first and second reading by Common Council on February 27, 2012 and third reading on March 12, 2012, being enacted upon approval by the Minister of Local Government, and/or the Local Governance Act effective immediately, and this authorization shall continue until he/she ceases to be an employee of the Growth and Community Development Services department of The City of Saint John or until rescinded by Common Council, whichever comes first. 2. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Community Planning Act, S.N.B 2017, c. 19, and amendments thereto, (the "Community Planning Act") including the Saint John Building By-law, By-law Number C.P. 102 and amendments thereto, and it may from time to time be necessary to make inspections for the administration of this By-laws; AND WHEREAS subsection 133(1) of the Community Planning Act provides that a council may authorize persons at all reasonable times, and with the consent of the owner or occupant, enter any land, building or premises for the purposes of inspection if the Director, the development officer or the person authorized by the Minister or the council has reasonable grounds to believe that a development or form of development on or in the land, building or premises violates a provision of this Act or the regulations or a bylaw or an order made under this Act; NOW THEREFORE BE IT RESOLVED, that Catherine Lowe, who is a By-law Enforcement Officer, is hereby authorized at all reasonable times, and with the consent of the owner or occupant, enter any land, building or premises within the territorial boundaries of the City of Saint John for the purpose of making any inspection that is necessary for the administration of the Saint John Building By-law, effective immediately, and this authorization shall continue until she ceases to be an employee of the Growth and Community Development Services department of The City of Saint John or until rescinded by Common Council, whichever comes first. W 3. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Community Planning Act, S.N.B 2017, c. 19, and amendments thereto, (the "Community Planning Act") including the Saint John Building By-law, By-law Number C.P. 102, and amendments thereto, and it may from time to time be necessary to make orders for the administration of these By-laws; AND WHEREAS subsection 134(1) of the Community Planning Act provides that a council may authorize persons to, when a development is undertaken in violation of the Community Planning Act, a by-law or regulation under the Community Planning Act, a by-law or terms and conditions imposed on the development, order the cessation of the development, alteration of such development so as to remove the violation, or the doing of anything required to restore the land, building or structure to its condition immediately prior to the undertaking of such development; NOW THEREFORE BE IT RESOLVED, that Catherine Lowe who is a By-law Enforcement Officer, is hereby authorized to, when a development is undertaken in violation of the Community Planning Act, the Saint John Building By-law or the terms and conditions imposed on the development, order the cessation of the development, alteration of such development so as to remove the violation, or the doing of anything required to restore the land, building or structure to its condition immediately prior to the undertaking of such development, effective immediately, and this authorization shall continue until she ceases to be an employee of the Growth and Community Development Services department of The City of Saint John or until rescinded by Common Council, whichever comes first. 4. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Local Governance Act, including the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, By-law Number M-30, and amendments thereto, (the "Saint John Unsightly Premises and Dangerous Buildings and Structures By-law") and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has violated or failed to comply with the said By-law; AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; AND WHEREAS subsection 132(1) and 132(2) of the Local Governance Act provides that an officer appointed by council may notify the owner or occupier of premises, a building or structure by notice in the form prescribed by regulation when a condition exists pursuant to subsections 131(1), 131(2) or 131(3) of the said Act; AND WHEREAS section 150(1) of the Local Governance Act provides that proceedings for breach of a by-law shall be commenced in the name of the clerk of the municipality or such other person as is designated for that purpose by the council; NOW THEREFORE BE IT RESOLVED, that Pamela Bentley, Catherine Lowe, Christopher McKiel, Mark O'Leary, Amy Poffenroth and Rachel Van Wart are hereby appointed as a By-law Enforcement Officer with respect to the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, effective immediately, and this appointment shall continue until he/she ceases to be an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Pamela Bentley, Catherine Lowe, Christopher McKiel, Mark O'Leary, Amy Poffenroth and Rachel Van Wart are hereby appointed and authorized to notify owners and occupiers with respect to premises, buildings or 0z! structures that are unsightly; buildings or structures that are a hazard to the safety of the public by reason of being vacant or unoccupied; buildings or structures that are a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, as set out in the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, effective immediately, and this appointment and authorization shall continue until he/ she ceases to be an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Pamela Bentley, Catherine Lowe, Christopher McKiel, Mark O'Leary, Amy Poffenroth and Rachel Van Wart are hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, effective immediately, and this designation and authorization shall continue until he/she ceases to be an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first. WHEREAS, the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Local Governance Act, including the Saint John Dog Control By-law, By- law Number M-13, Mobile Home Parks By-law, By-law Number M-20, City of Saint John Flood Risk Areas By-law, By-law Number C.P. 11, Saint John Building By-law, By-law Number C.P. 101, and The Zoning By-law, By-law Number C.P. 110, including all amendments thereto, and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has contravened or failed to comply with the said By- law; AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; AND WHEREAS section 150(1) of the Local Governance Act provides that proceedings for breach of a by-law shall be commenced in the name of the clerk of the municipality or such other person as is designated for that purpose by the council; NOW THEREFORE BE IT RESOLVED, that Catherine Lowe is hereby appointed as a By-law Enforcement Officer with respect to the enforcement of the Saint John Dog Control By-law, the Mobile Home Parks By-law, the City of Saint John Flood Risk Areas By-law, the Saint John Building By-law, and The Zoning By-law, effective immediately, and this appointment shall continue until she ceases to be an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Catherine Lowe is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Dog Control By-law, the Mobile Home Parks By-law, the City of Saint John Flood Risk Areas By-law, the Saint John Building By-law, and The Zoning By-law, effective immediately, and this appointment and authorization shall continue until she ceases to be an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 6. WHEREAS subsection 135(4) of the Local Governance Act provides that within thirty days after the terms of a notice have been complied with or a debt due to a municipality or due to the Minister of Finance, as the case may be, is discharged, the municipality shall provide a certificate in the form prescribed by regulation which requires that the corporate seal of the municipality to be affixed; OR NOW THEREFORE BE IT RESOLVED, that Jonathan A. Taylor, Common Clerk, is hereby authorized to affix the corporate seal of The City of Saint John to a Certificate of Discharge that is issued by Pamela Bentley, Catherine Lowe, Christopher McKiel, Mark O'Leary, Amy Poffenroth and Rachel Van Wart under the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, and such authorization shall continue until Jonathan A. Taylor ceases to be the Common Clerk of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 41.1 COUNCIL REPORT M&C No. 2018-156 Report Date May 16, 2018 Meeting Date June 18, 2018 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Contract No. 2018-01 Asphalt Resurfacing 2018 —Program Adjustment OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Rod Mahaney Michael Hugenholtz/Brian Keenan Jeff Trail RECOMMENDATION It is recommended that Common Council approve an increase to the Contract award amount to Classic Construction (2012) Ltd. for Contract 2018-01: Asphalt Resurfacing 2018 from $5,033,550.00 to $5,919,688.89 EXECUTIVE SUMMARY The purpose of this report is to recommend that Common Council approve an increase to the Contract award amount for Contract 2018-01: Asphalt Resurfacing 2018. PREVIOUS RESOLUTION October 2, 2017; 2018 Water & Sewerage Utility Fund Operating Program Approved. October 2, 2017; 2018 General Fund Capital Program Approved. March 26, 2018; 2018 General Fund Operating Program Approved. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. WA -2 - REPORT BACKGROUND On April 9, 2018 (M&C 2018-95), Common Council awarded Contract 2018-01: Asphalt Resurfacing 2018 to Classic Construction (2012) Ltd. at the tendered price of $5,033,550.00. In the Financial Implications section of the council report it was identified that there was a $809,000 budget surplus following award of Contract 2018-01. Further, M&C 2018-95 contained the following statement: " It is the intention of City staff to make full use of this budget surplus by adding additional streets to the 2018 asphalt resurfacing contract with the payment to be made at the approved contract unit prices. Staff will report back to Council with a proposed list of additional streets for asphalt resurfacing and for approval to increase the amount of contract 2018-01 accordingly." /_1►/_1MIR Staff is recommending the following streets to be added to Contract 2018-01 Asphalt Resurfacing 2018: • Loch Lomond Road — Hickey Road to Bon Accord Drive • Paradise Row — Somerset Street to Winter Street • Manawagonish Road — Kiersted Road to Birch Street Asphalt resurfacing of the above additional streets will result in a new contract value of $5,919,688.89. The additional work will be paid for at the established contract unit prices and sees an increase of 5.24 lane kilometres being added to the original contract bringing the total to 49.84 lane kilometres of asphalt resurfacing for 2018. Staff is of the opinion that the Classic Construction (2012) Ltd. has the necessary resources and expertise to perform this additional work and the unit prices in this contract are competitive. The asphalt production and placement processes will be closely monitored to ensure conformance with project specifications. Work is presently underway and is expected to continue until October 15, 2018. 4.11 -3 - FINANCIAL IMPLICATIONS The additional contract work would be charged against the approved GTF Capital Budget. Assuming approval of this additional work, 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 $ 5,674,000 Project net cost $ 5,668,000 Variance (surplus) $ 6,000 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. SERVICE AND FINANCIAL OUTCOMES Asphalt pavements, and concrete curb and sidewalks are essential infrastructure which directly impacts the quality of life in our community. Roadway infrastructure is important to the economic health of the community and citizens expect these assets to be maintained to an acceptable standard. Proper and timely maintenance of all roadway assets will ensure public safety, extend service life of the asset, and achieve best value for the investment. This project will be completed within the original approved financial budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/a ATTACHMENTS N/a Wel COUNCIL REPORT M&C No. 2018-180 Report Date June 11, 2018 Meeting Date June 18, 2018 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Proposed Public Hearing Date — 707 Westmorland Road and 1003 Latimore Lake Road OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Mark Reade Jacqueline Hamilton m I Jeff Trail RECOMMENDATION That Common Council schedule the public hearing for the rezoning applications of Hughes Surveys and Consultants Inc. on behalf of Thomas Construction Ltd. (1003 Latimore Lake Road) and the City of Saint John (707 Westmorland Road), for Monday July 30, 2018 at 6:30 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for a report and recommendation. EXECUTIVE SUMMARY The purpose of this report is to advise Common Council of the rezoning and Section 59 amendment applications received and to recommend an appropriate public hearing date. The next available public hearing date is Monday July 30, 2018. PREVIOUS RESOLUTION At its meeting of August 3, 2004, Common Council resolved that: 1. the Commissioner of Planning and Development receive all applications for amendments to the Zoning By-law and Section 39 resolutions/agreements and proceed to prepare the required advertisements; and 2. when applications are received a report will be prepared recommending the appropriate resolution setting the time and place for public hearings and be referred to the Planning Advisory Committee as required by the Community Planning Act. 091 -2 - REPORT As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 59 amendment applications received and recommends an appropriate public hearing date. Details of the applications are available in the Common Clerk's office and will form part of the documentation at the public hearings. The following applications have been received: Name of Location Existing Proposed Reason Applicant Zone Zone Hughes Surveys 1003 Latimore Rural (RU) Pit and Quarry To expand an and Consultants Lake Road (PQ) existing aggregate Inc. on behalf of extraction operation Thomas Construction Ltd. City of Saint 707 Westmorland Neighbourhood Utility Service To convert an John Road Community (US) existing building Facility (CFN) into a works depot The rezoning application for 707 Westmorland Road has been filed as part of the relocation of the existing Transportation and Environment works depot from McIntosh Street. STRATEGIC ALIGNMENT While the holding of public hearings for proposed rezoning and Section 59 amendments is a legislative requirement of the Community Planning Act, it is also a key component of a clear and consistent land development processes envisioned in the One Stop Development Shop Program. These processes provide transparency and predictability for the development community and City residents. On a broader note, the development approvals process works towards fulfilling key Council priorities including: • ensuring Saint John has a competitive business environment for investment, • supporting business retention and attraction; and • driving development in accordance with PlanSJ which creates the density required for efficient infrastructure and services. SERVICE AND FINANCIAL OUTCOMES The scheduling of the public hearing and referral to the Planning Advisory Committee satisfies the legislative and service requirements as mandated by the Community Planning Service. 31 -3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Not Applicable ATTACHMENTS None 0 COUNCIL REPORT M&C No. M & C #2018-178 Report Date June 12, 2018 Meeting Date June 18, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Amendment to Purchase and Sale Agreement with Plaza Retail REIT Corner of Millidge and University Avenue OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Curtis Langille Ian Fogan/Kevin Fudge m I Jeff Trail RECOMMENDATION That the agreement authorized by Council at its meeting dated August 4, 2015 (M&C #2015-156) with Plazacorp Property Holdings Inc. for the purchase and sale of City Lands bearing PID #55221717, and subsequently amended by Council on February 8, 2016 (M&C #2016-19); be further amended in Section 2.6 of the agreement to extend the date an additional two (2) years, until July 27, 2020 to remove the use restrictions on the Restricted Lands; in all other respects the agreement remain unchanged. EXECUTIVE SUMMARY Plaza Retail REIT has submitted a request (see attached letter dated June 8, 2018) to extend the date in which a restrictive covenant is to be removed on a portion of the property, identified as Parcel "E" that was acquired from the City in 2016. The removal of the covenant requires the passing of a private member's bill on or before July 27, 2018. If unsuccessful, Parcel "E" is to be conveyed back to the City and a holdback of $175,000.00 held in trust will be released back to Plaza. It is still the desire and intention for Plaza to have the restrictive covenant lifted and to move forward with a development on this site. The additional two year period should provide the proponent sufficient time to seek the private members bill necessary to facilitate the removal of this restriction. 091 -2 - PREVIOUS RESOLUTION At its meeting of August 4t", 2015, Council resolved to enter into an Agreement of Purchase and Sale with Plazacorp Property Holdings Inc. for the sale of City Lands bearing PID 55221717. On February 8, 2016 Council approved an amendment to the agreement to change Section 1.1 by deleting the definition of "Commitment Date", and replacing it with "August 1, 2016"; in all other respects the agreement remains unchanged. REPORT In the two years since Plazacorp acquired the subject property from the City, highlighted in red on an attached map, they have constructed a commercial building on the site with Jean Coutu as their tenant. A portion of the site remains undeveloped, known as Parcel "E", shown on a plan of subdivision (attached). This parcel is situated at the corner of Millidge and University Avenue and has a restricted covenant attached to its title that limits the use of this parcel. These covenants were attached to the land when the City acquired it, limiting the use to a fire station, or for a public recreation ground or park. The Purchase and Sale agreement between the City and Plazacorp contained a $175,000.000 holdback pending the successful completion of having the condition lifted from its title, rendering the site ready for development. Plazacorp has made several attempts to get a private member bill in front of the Provincial Government for its consideration to remove the restrictive covenant. To date, they are seeking support for this initiative. Staff is supportive of Plazacorp's position in this matter and if Council is in agreement, the recommendation contained in this report will provide Plazacorp a two year extension to seek the removal of the restrictive covenant. STRATEGIC ALIGNMENT Providing a clear and consistent internal process to facilitate investment and development, while maintaining City standards that align with Plan SJ is one of the City's economic health priorities. Providing an extension to the aforementioned Agreement of Purchase and Sale will allow Plazacorp to follow through with their proposal to seek a favorable result, allowing them to proceed with the second phase of their intended development. SERVICE AND FINANCIAL OUTCOMES Development of the subject property would increase the tax base, therefore, improving the economic vitality of the City. 011 -3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Solicitor's office has provided input regarding the conditions of the Agreement of Purchase and Sale as they relate to the execution of the agreement and has also reviewed the recommendation contained in this report. ATTACHMENT 1. Letter from Plaza Retail REIT, dated June 8, 2019 requesting an extension to the agreement. 2. Location map and Subdivision Plan. W June 8, 2018 VIA EMAIL AND FACSIMILE (5'06) 674'-42X4 The City of Saint John Real 1 -state Services P. 0, BoxIC., P. 1971 Saint John, N.B. E2L4L I Attention: Curtis Langille Dear Mr, Langille: Re: Plaza Retail REIT's Purchase of Millidge Avenue & University Avenue land, Saint John, NH (the "Lands") from the City of Saint John I am writing further to our closing of the above Lands on July 28, 2(116. As we recently discussed, it is clear that the Government of New Brunswick is unlikely to pass a private member's bill to lift the existing development restrictions on Parcel "E" as shown on the Subdivision Plan dated August 1, 201.3 and registered on September 19, 2013 under Number 33122665 (the "Restricted Lands"), in time to meet the deadline of Jul k 27.2018 contained in Section 2.6 of our Agreement of Purchase and Sale dated August 11, 2015 (the"'A'g-cement"). Under the terms of the Agreement, if we cannot get these restricted lifted by that deadline, Plaza is to transfer the Restricted Lands back to the City of Saint John and get the holdback funds of $175,000,00 (the "Holdback"), currently being held in trust by Stewart McKelvey, refunded to it. This would of course entail a further subdivision of Plaza's Lands which in our view is not in the best interest of either party. Plaza continues to have interest in the Restricted Lands by potential retail tenants and does wish to pursue a lifting of these development restrictions in the near future but clearly we will have to wait until after the Fall provincial election. In the circumstances, Plaza proposes that the parties extend the condition in the Agreement that is related to lifting the use restriction from the Restricted Lands by two (2) years, being July 27, 2020. We recognize that this arrangement will involve an amendment of our original Agreement which will entail further consideration by City Council, We will await your instructions in that regard, N ASHWAAKS PLAY118 `,,)8N1,AW STREEV Fli[,'DERICTC)['' NB FiA I)N6 I P 1AX x V i'r! - MCI,' Letter to Curtis Langille, City of Some John June 8, 2018 Page 2 We trust that you will find this to all be in order and look forward to hearing from you in due course. Thanks Curtis, Yours very truly, PLAN",,: "'yR FTAIL REIT James M. Petrie Executive Vice -President and Chief Operating Officer C. C. Michael Zakuta, President & CEQ Plaza fletad MT James Murphy, Stewart McKelvey MA Hll C: t�,,a i" 2 UR 1 g �0 3, �3-M",�iiEMO-MvtH -00 0, h. - ----- ---- "UP 2 V I V 212 1 � 22 2 gzo N cn as T-11 Ca VIE �`hm� a. a. I vm OM �`hm� a. a. I COUNCIL REPORT M&C No. 2018-186 Report Date June 13, 2018 Meeting Date June 18, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Patio Licence for Market Square OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Curtis Langille Ian Fogan/KevinFudge Jeff Trail RECOMMENDATION 1. That the City enter into the Licence agreement with The Hardman Group Limited, as attached to M&C 2018 - 186, and further 2. That the Mayor and Common Clerk be authorized to execute the said Licence Agreement. EXECUTIVE SUMMARY The attached Licence agreement will provide Hardman Group (Market Square) with terms and conditions to operate the patio on the Market Square boardwalk for three years, ending on December 31, 2020 with rents increasing to be competitive with market rates. Market Square shall indemnify the City from any and all damages, claims, etc. within the Licensed area. In addition, Market Square shall be required to develop an emergency plan to the satisfaction of the Chief of the City's Fire Department, for the clearing of Pat Rocca Way during such times as the Fire Chief deems it necessary. The Licence agreement is attached which has been prepared by the City's Legal Department. PREVIOUS RESOLUTION N/A -2 - STRATEGIC ALIGNMENT Providing for entrepreneur opportunities in the City's Uptown Core aid in creating a livable community that is vibrant and diverse, while providing an integrated approach to economic development. REPORT In 1987, the City granted a licence to operate a seasonal patio for the tenants of Market Square on land owned by the City. The status of the licence granted for this patio has been over holding for a number of years. The area originally licensed for the patio has encroached to occupy a significantly larger portion of the City owned property over the past few years. The terms and conditions contained in this Licence agreement will provide for rent over the three year duration to approach what may be considered fair market rent, ensure the City is protected against any liability within the confines of the licenced area and require Hardman Group to prepare an emergency plan to the satisfaction of the Chief of the City's Fire Department, for the clearing of Pat Rocca Way during such times as the Fire Chief deems it necessary. If Council is in agreement, the following recommendation will facilitate The Hardman Group Limited (Market Square) to operate the Patio on the Boardwalk for a three year term, ending in December 2020. SERVICE AND FINANCIAL OUTCOMES The operation of the patio on the Market Square boardwalk adds to the vitality and tourist offerings in the City's Uptown area. This licence will generate a revenue of $16,000.00 in rent during the three year term. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City's Legal Department has prepared the Licence Agreement and input has been received from the City's Fire Department, Risk Management and Building Inspection Department in the preparation of this report. ATTACHMENT Licence Agreement with The Hardman Group Limited. !II THIS LICENCE made this — day of — 2018 BY AND BETWEEN: THE CITY OF SAINT JOHN, of the County of Saint John and the Province of New Brunswick, a body corporate (hereinafter called the "City") =-1 hAWN13 �,-j =7 RTZ77"Mitax, Province of Nova Scotia, a body corporate (hereinafter called ":Market Square") • �# - �211- WHEREAS Market Square is the assignee and present lessee under a certain lease dated as of the 141" day of October 1980 entered into by The Market Square Corporation, as lessor, The Rocca Group Limited, as lessee, and the City, as amended (hereinafter referred to as the "Head Lease"); AND WHEREAS the City is the owner of the lands shown outlined in red on Schedule "A"' ,annexed hereto andl forming a part hereof (hereinafter called the "Licensed Premises"); AND WHEREAS Market Square has asked for a licence from the City to use the Licensed Premises for outdoor caif6s; AND WHEREAS the City agrees to grant such a licence upon the terms and conditions herein contained: THE CITY HEREBY GRANTS, subject to the terms, conditions and provisions herein contained,, to Market Square, its servants, agents, employees and invitees exclusive permission and license to enter upon, use and exit from the Licensed Premises for the purpose of operating outdoor caf6s, as well as undertaking any activities reasonably and necessarily incidental thereto; provided that: 1. The term of the licence shal� be from January 1 st to December 31 s' inclusive during each of the years, 2018, 2019 and 2'020 2. The annual Licence fee shall be pa�d to the: City on the I't day of June in each year of the Term beginning on June 1, 2018 in the amount of $2,000.00 (Gdn.) plus HST, on June 1, 2019 the amount of $5,000,.00 (Cdn,) plus HST, and on June 1, 2020 the amount of $9,,000,010 (Cdn.) plus HST, N J. Subject to the provisions of Paragraph 15 hereof, Market Square shall at all times, during the Term and at its own expense maintain the Licensed Premises in such Order, condition and state of repair as woulda prudent owner, such maintenance to be to the satisfaction of the City, Market Square shall permit the City, its servants, agents and' employees at all reasonable times for the Term to enter upon, the Licensed Premises for the purpose of inspecting the state of repair or making such repairs as the City may, from time to time, consider necessary and to be the responsibility of Market Square, such repairs by the City are to the account of Market Square and' shall be paid forthwith. 4. Market Square shall use the Licensed Premises as an outdoor cafd area together with any activity reasonably and necessarily incidental thereto and for no other purpose. 5, Market Square shall maintain the Licensed Premises at all times secure from unauthorized use and occupation. 6. Market Square shall conduct its business in and use the Licensed Premises in a reputable manner, any business practice which in the opinion of the City may harm the reputation of the City or reflect unfavourably on the City, or which may confuse, mislead or deceive the public shall immediately be discontinued by Market Square at the request of the City. 7, Market Square shall accept the premises on an "as -is" basis and shall be responsible for all maintenance and repair of the Licensed Premises. 8. Market Square shall not, without the prior written consent of the Energy Manager of the City (or such position as may be substituted in lieu t�hereo,f), place any erections, additions or improvements upon the Licensed Premises, or alter the structure of the Licensed Premises or any part thereof lin any manner or fashion. 9. (a) Market Square shall, at no expense to the City, obtain and maintain in full force and effect during the Term, a Commercial General Liability Insurance policy with policy limits of not less than Five Million Dollars ($5,0004000,00) inclusive per occurrence for bodily injury and property damage; which policy shall name the City as an additional insured and shall contain a cross -liability clause; (b) Market Square shall, on or before June, 1:s' in each and every year of the Term, submit to the City a Certificate of Insurance or other satisfactory evidence of having obtained and maintained the insurance coverage required' at paragraph 9(a) hereof. 10. Notwithstanding the provisions of paragraph 9 hereof, Market Square does hereby indemnify and save harmless, the City from all damages, ciaims, demands, actions, suits or other proceedings, from whomsoever made, brought or prosecuted in any manner as a result of injury, death or property damage occurring in, or arising in connection with the 3 exercise of the licence herein granted, save and except those attributable to the negligence of the City, its servants, employees and agents. 11. (a) Market Square shall ensure that no claims for mechanics' liens pursuant to the Mechanics' Lien Act (New Brunswick) are filed in the Saint John County Registry Office/New Brunswick Land Titles Office (Saint John) which will affect in any way the Licensed Premises, (bi) Notwithstanding the provisions of paragraph 11(a) Market Square does hereby indemnify and save harmless the City from all damages, claims, demands, actions, suits or other proceedings imade brought or prosecuted in any manner pursuant to the Mechanics' Lien Act (New Brunswick) that are attributable to the use and occupation of the Licensed Premises by Market Square, 12, Market Square shall promptly comply with andl conform to the requirements rements of every federal and provincial statute, rule, regulation and ordinance and every municipal by- law, rule, regulation, order and ordinance at any time or from time to time in force affecting the use and occupation of the Licensed Premises or any part thereof by Market Square. 13. Market Square shall not, without the written consent of the City, which consent shall not be unreasonably withheld, assign or transfer or otherwise by any act or deed cause or permit the benefit of the licence herein granted or any part thereof to be assigned: or transferred unto any person or persons whosoever other than a person who is a lessee under the Head Lease aforesaid and who covenants, with the City to perform all obligations of Market Square as herein stated, and further the City expressly prohibits sub -licensing and Market Square agrees not to sub -license or to make any assignment which may be construed as a sub -license. Notwithstanding the foregoing provisions of this paragraph, Market Square may by sub -license or otherwise by any act or deed cause or permit the benefit of the Licence or any part thereof to be, enjoyed by any person who is a tenant of Market Square from time to time in the Existing Buildings, as that termis defined and used in the Head Lease, 114, In the event that the rights of an assignee or transferee of Market Square under this licence are at any time seized or taken in execution or attachment by a creditor of an assignee or transferee of Market Square, or such assignee or transferee of Market Square makes an assignment for the benefit of creditors, becomes bankrupt or insolvent or takes the benefit of any statute that may be enforced for bankrupt or insolvent debtors, then this licence and Term shall become forfeited and void. 15. This Licence may be terminated at any time by either party giving thirty (30) days' written notice one to the other. Notice to the City shall be to the Common Clerk by email at conirnonclerk,( pin ahi ca. and to Market Square by email at Mnforq,gl@a, L. �L q 9,qp.,.c.a . 16, The City retains the right to enter upon the Licensed Premises at any time and from time to time to perform at the City's expense, any work normally appropriate in respect of "public" property and to enter upon, dig up, inspect, maintain, replace, renew and repair any and all utilities thereon, therein, and thereunder including, but not limited to, sewer :1 EI I Ll and water pipes. Provided that the City shall use its best efforts to carry Out such work expeditiously and, where possible, dg those periods of the year when the Licensed Premises are not in active use (i.e., the months of June to October inclusive) and shall restore the Licensed Premises to their original condition (pre -1987) immediately upon completion of'ainy such work. 17, Market Square shall' ensure that the access between St. Patrick Street and the Hilton Hotel, now called "Pat Rocca Way", be kept clear of all obstacles and encroachments, and further, Market Square shall develop an emergency plan with and to the satisfaction of the Chief of the City's Fire Department, for the clearing of "Pat Rocca Way" during such times as the Fire Chief may from time to time require. 18. Upon, the termination, of this licence Market Square, shall forthwith! remove any and all chattels siituate on the Licensed Premises and leave the Licensed Premises in a good and tidy state subject to normal wear and tear. IN WITNESS WHEREOF the parties hereto have set their corporate seals duty attested by the !signatures of their properly authorized officers respectively the day and year first above written, SIGNED, SEALED AND DELIVERED THE CITY OF SAINT JOHN in the presence of-, Em =I :1R wX ,AM SCHEMLE- iii <;r I r m I r I N .: � � I � El It lb w w It L§ n ■trz ■ i vjCLG co ■ L§ n i 0 N V) O C ca L 0 U L O Ln u� I �F 13111V 0 N V) O C ca L 0 U L O Ln I CD 0 0 0 N 0 In oil r LLa oa OL -0 a� `o U a a a a CO I CD 0 0 0 N 0 In oil r� � . � � � � � 1 � 2 � � � � � � � � � � ` �� . . : � � � ®° � � . � » � � : � : � � : � � � � � � � y � � �. � y 2 �. , � \ � � � «1 � � � : . � . � \ � � � /\ 2\ � \ � . °y .© � . � � . 2> � . \ � \m : i1 � � � � � � � � � � � : � ,� \% � � � � � . �� 2 � � � : � � ^ � � � � � � � \ � . � � � ; � � � � � � � } � � � � i�� III �� a ,,,,,,,,, ��J,v �o �� f, �� i�`� ppuuN�`�I �, 'I�,IiI�Vl�iu! • �r. • • s � : � � • • 1 � �' * ' , 1.. � + � • \: ~ �,.. # �' �: •� � � 1 ,:: • � � \: � f � � �" � 1 •' ti= �., �.... .� „► s . � s ` �, .' s �; • , • • � ; • ` ., #'; �'+ r • ; + '� � . � . �', s • • � !: �` � • � s: •. s �' ! 1 � � � ► � ! � ; � � � • • ,� � �; #° s: � + � ' ! \ �, � s � s �; � � �, � � �` s • •: 1 � � � s � � + + � • � � �►, � � �: • � +, 1,:: 1,, f \ � �:..; � f �,.. � S. L CL m 2 m Z 0 C) _ 0 0 L W 0 0 0 0 LL c� 0 No U) m 0 C) ' LU co ' F7" 9 I I N 0 m C) CD 0 0 Transitioning to a Low -Carbon Economy New Brunswicks Climate Change Action Plain Published by: Province of New Brunswick IR 0. Box 6000 Frededcton, NIB E313 51-11 Canada Printed in New Brunswick IISBN 978.1-4605.-1178-7 (print edition) 5IBN 978-1-4605..1176-3 (PDF: English) MIN 978-1-4605-1177-0 (PDR franpise) 10948 H "Table of conctents Premier®s message. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Minister's mnessage .................. . ............. , ................... , ... 2 intrnduuctiona'Tlhe plan and its purpose .......................... ... o R . a n ... , , ....... 3 Ouractions ............................................................. Provincial government leadership .................................. . . . ........ 5 (Role of the provincial government in (leading change, .. . .. . ...... . ... . ............ . .. 5 Education and awareness ..................................................6 Capaclty-Ibuulidin.......................................................6 Carbon-rneuutirall government. . . . . . .. . .... . ............... . ..... . . ........ . ... 6 Provincial buildings GIHG emissions . . .. . . . . .... . ..... . ..... . ... . ............. . . 7 Provincial transportation GHG emissions ..... . .............. . ............ . .... . .. 7 Low -carbon procurement ... . ........ . ..... . ............ . ..... . ..... . ...... 8 Ilnterju.uHsdictional partnerships and coilaboration . . .. . . . ....... . . . ... . ........... . . 8 Collaboration with First libation communities ........ . ............................. 9 GIHG emissions reductions ................................... ,............... . H G emission reduction 'targets . . . . . , . . . . . , „ . , , . „ . . . . . . . . . . . . . . . . . . . . . . . . . . . 10' Cross -sector action ..w. A (price on carbon ....... . . . . . . . ..... . ................. . .. 10 Clean energy and efficiency programs .............. . .............. . ... . . . . . .. . 1 1 Renewable and low. -emission energy ......... . . . .... . . . ................. . . .... 12. Reduced GHG eirnmi.ssiorns from transportation, .. . .... . . . ..... . . ..... 12. IReguulabon of industry emissions, . . . .... . . .... . ........ . . ...... . ........ 13 Reduced GHG emissions from waste ............. . .......... . ... . ........ . .... 1 Reduced emissions from agriculture ........... . . . . ..... . .... . . . . . . . . . . ... . ... 114 Car -bon sinks and offsets . ........... . ......... . .......... . ............ . .. . 14 Planning -for smart, lows cairbon deme oprnnent... . . . . ...... . .. . .................. 15 Adaptation -to the impacts of climate change .................................... > 15 Understand chirna'te change irrnlpac'ts ...... . ... . . . ... . ... . .................... . 16 Build cftate-resillien't Infrastructure, . .... . ............... . .. . .. . ...... . . . ... . . 16 Support c'omirnuni'ty adaptation Iplarnrnirn ........ . ..... . . ... . ..... . ... . ... . . . . .. 17 Adapt natural resources and agriculture ........... . .... . .... . ............ , , .. , .. 17 Reduce ciirma'te-related hazards ............ . . .... , ... , .. , ....... , ...... , , ..... 18 Reduce chirttnate change impacts on public health .... . . . ................... . . .. . . . . 1 Economic opportunities ... . . . . . .. . .. . . . . . . .. .. . .. . . . . . . . ..... . .. . .. ... . . . 19 Accountability and reporting ............................................... 20 Funding -for climate change ...... . .............. „ .......................... 21 Goingforward 4 ............................ ................,..,...,.21 ARI Premier's message Your government its listening and understands what matters to New Brunswwickers. We know Neter IBruunswanriickers want their government to make investments that wwilll help the economy and improve their quality of life. We wwrantto createyobs and support economic growth in a responsible and sustainable manner, ail the wwrhille making New Brunswick the best place to raise a family. We are working hard on these priorities and, with your support, we are getting things done. Climate change is the most important issue to face humankind in modern 'times. New Brunswick must do its part to combat cllirmate change. New Brunswick must enhance its Transitioning to ax Low carbon Economy. We must do this in a way that respects New IBrunswick's economy, challenges and a apportuuinities„ That is why were established the Seiect Committee on awl'mate CIhange.'The allI -party committee of the Legislative Assembly of New Brunswick was appointed in Aprii 2016. It was 'tasked with consulting New Bruunswnrickers on cilmate change and reporting to the ILegiislatiive Assembly with recommendations. Through the work of the committee, we (heard that climate change is a very important issue for New IBrunswnriiclkers and that our success in combating climate change will depend can the colliaborative and coordinated action of alll New IBruunswickers. We (learned that responses to climate change in the areas of emission reduction and climate change adaptation gaffer the potential for hang®terrrn job creation in the province and can (provide a stimulus for investment in iinnova- tion and business developrnent.We need to be ready to take advantage of these a liplportuanKiies in New Brunswick. We also heard that people are looking for strong leadership frorm the provincial government to drive ouur response tag climate change. 'This pllan recognizes these new opportunities for our province and ail New IBruurnswwickers are encouraged to get involved by making good energy choices, reducing waste and investing in Ihou°me and business renewtrall. These objectives are supported in this new stronger cliirnate change action plan. Markets are changing as govern rments cormmR to the shift to lower carbon economies and embrace innovation and new opportunities in cornbat.- tiing cllimate change. Brian Gallant Minister's message Sustainable growth involves Ilo ng term (planning and innovation. A (key component of sustainable growth is a strategytoa address cllimate change. I arnrn pleased to present Trcarnsltaanralaag to aLCBw-Ccarbon EcaaraomyNew Brunswick's Climate Change Action Pleas, which outlines our new commitmentsto greater action in confronting ch mate change, New Brunswick's emissions are projected to increase during the next 15 years" A strategic, integrated approach to emission reductions its required to address the growing climate threat. Addressing a challenge of this magnitude is commpiex and may appear very challenging, But, (broad action by all New RruunsWclkers, businesses and governments can make a major difference. Significant change is occurring around the world and in Canada. New Brunswick must beep pace wrth'the shift in markets to lower carbon economies to remain competitive. The province must also act earlly on adapting to the climate impacts we are already experiencing and those projected to occur, This new action plan provides a iroadmap of concrete actions to achieve our vision of reducing GIHC emissions with continued economic growth and increasing the iresiilieince of New Rrunsw iclktaa climate change through adaptatiionn„ The effects of chirrnate change in our country and our province are already evident. i t has become increasingly clear that the const of inaction is greater than the cost of action, particularly early action. New Brunswick must and will rise ton the challenge. Transitioning to ax Low -Carbon Economy New Brunswick's Climate Change Action Plcarn: A Sustain- able and Green Growth Economy for New Brunswick represents a large step forward in our efforts to combat the growing threat of climate change" It is ambitious but necessary."rhe time for action its now. Honourable Serge Ronuussellle, Cp„C. Minister of Environment and Local Government AYA plan and itS PLIrpose The science of climate change is clear. The Intergovernmental Panel on Climate Change, the world's foremost au- thority on climate change, has projected that an increase in global temperatures of irnore than 2 degrees Celsius will result in irreversible and ca'tas'trophic impacts."rhe current level of greenhouse gas (GiG) emissiions is expected to raise global ternperataures by 3.5 °C before the end of this century. Projections indicate that the effects on climate in Canada will be greater than the rest of the world. Temperatures are expected to rise two tiirnes faster than the global average. in northern Canada, this rise its expected to be three times faster. This trend is already evident in New Brunswick.. We are seeing temperatures going up, precipitation increasing and sea levels rising. The province can expect an elevated risk of Iheat related health concerns new pests and invasive species; flood damage® impacts frorn extrerne winds; and icing of trees and power lines. Rising sea levels have also increased the risk of flooding and coastal erosion. Under the Paris Agreementon Climate Change, Canada and 194 other countries agreed to keep the rise in the global average temperature (bellow two degrees CeWuus in this centurry.To date, 110 countries have iratified the agreement, which carne into farce on (Nov. 4, 2016. This historic Unite=d Nations agreement signals the commitment of couun tries to adjust,their policies and budgets to foster Ilower...carbon economies. This increased certaiunty in direction is expected .to encourage major private- and publlic-sector investments in new technologies and approaches that will improve much of how we do things today. Canada is making its coritr'ibution with ambitious CFIG reduction targets, advances In adapting to the impacts of climate change, and contriilbautions to climate change action in developing coun-trues. First Ministers launched under the Vancouver Declaration a nationwide process with the objective of developing a (pan-Canadiian framework on clean growth and climate change, which will solidify collaboration between provinces, territories and the fe=deral government on meeting international and domestic commitments. This transition includes many opportunities for New Brunswick to be more efficient and competitive, to open new business opportunities and to build more resilience into our aging infrastructures. « The New Brunswick Climate Change Plan outlines a bold vision for our province, by intensifying our efforts to combat climate change, Reducing GHG emissions is vital to limiting future global temperature increases and related climate change, Adapting to climate change its also necessary because a (portion of the GlIGs already released 'unto tlhe atmosphere will remain there for many years. Current trends in climate change will continue even with a dechine in emissions. New Brunswick's response to climate change must therefore address bath GHG emission reduction (mitigation) and preparation for iinev'rtablle climate change (adaptation). This action plan signals New Brunswick's iintention to play its paint !in achieving regional Cl -IC emission reduction targets by adopting targets that reelect total outputs of 10.7 Mt by 2030' and 5 Mt by 20502, recognizing the unique challenges of New Brunswick's economy,The provincial government confirms its previous target of 14.8 Mt for 20203. '.Phis (plan will also address inuumerouus other commitments respectiing climate change, including the 2015 PaarlsAgree- mentuundertheUnited Nations Framework Convention on ClimaateChaange,the 2015 Canadian Energy Strategy released by the Council of the IF:ederation, the 2016 Vancouver Declaration on Clean Growth and Climate Change, and the 2016 Pan -Canadian Framework. This plain contains a climate change adaptat'loin strategy supported by actions to build resilience into our comirnuuni- tiies, businesses, infrastructures and natural resources. Acting early and adapting to our changing climate its far more effective and cost-effective thaln dealing with climate impacts after they have occurred, Highlights of the plan include: ® Providing the government leadership needed throuugh over 100 clear action items to support sustained and ambi- tiouus actions on climate channge. ® Expanding energy efficiency and clean energy (programs across all sectors and all fuels with ambitious performance targets. « (Phasing out coal as a source of electricity as quickly as possible, respecting New Brunswick's economic reality. « Planning for and investing in new technologies that reduce (pollution, such as smart grid and renewable electricity. Establishing a made -in -New Brunswick price on carbon and caps on GHG emissions that reflect the reality of the New Brunswick's econorny and will (provide opportunities to invest in emission reduction measures that will create Jobs for New Bruunswickers, such as through energy efficiency. « Leading by example by malkiinng government carboln...neuutirall by 2030 and increasing spending on energy efficiency in the capital budget by 50% « Measuring and reporting progress with strong oversight by committees of cabinet and the legislative assembly. it is lmportant to emphasizethat initiatives ahrned at combatting climate change also offer potential for sustainable econorniic development and long-term job creation in the province. It has been found -to be a stimulus for investment in innovation and business development. Energy efficiency investments, for exannple, reduce imports of fossil fuels and improve affordability of energy For farnilles and competitiveness for businesses by lowering eneirgy bills. "I"hese investments also create a substantial number of Ilocallyobs. Similarly, renewable energy is sourced in our (province, has low or no emissions, and is (resistant to price volatility of fossil fuuelso'lihe Province will contiinuue to workwitlh the federall goverinment to explore opportunities for federal funding to supportthe actions identified in the plain. .IFhis plan provides a clear path forward to reducing GHG eirnissions while promoting economic growth and enhancing current efforts to adalpt to the effects of climate change, 1 (Equivalent to M percent below 1990 ernissions 2 (Equivalent to 80 per cent below 2601 emissions 3 (Equivalent to 16 percent below 1990 ernksions C:3'] Tranni�tir r -hung to �4 l.iimurr...�rrbourn l �coinorru�y...!flew f�rr�auinsrm'icla°, t.�ir'iina'tiL- !l!nnui°tge 'tion ,�,1i Ilf➢,en This plan focuses on seven areasw » IProvi nciall government leadership. » Collaboration with First Nations. HG eirrniission reductions., » Adaptation to the impacts of climate change. » Economic opportunities. » Accountability and reporting. » Funding for climate change. Proviricial government leadership The response to climate change is a shared responsibility involving all New Bruunswickers,There is a role and a place for everyone as New Brunswick addresses the challenges ahead. "i"he role of the provincial government is critically important. It must provide the leaderslNp and rnodell the behaviour and actions needed to ensure sustained and ambitious actions to address tlhe challenges and opportunities presented by climate change. ole ofthe provincial government loin leading moorage "rhe provincial government unrnuust take a strong Ileadersh'ip role in addressing the challenges and opportunities (presented by a changing chirnate.To be successful in addressing dIrn to change, the provincial government roust provide the governance structure and support necessary to succeed and ensure the proper accountability Maar the implementation of New Brunswick's climate actions. The provincial government- will. 3 - Establish a committee of Cabinet dedicated solely to the issue of climate change, chaired by the Premier, to oversee the implementation of the action platin. 2- Introduce a Climate Change Act to declare Alew Bruurnswick®s commitment to addressing climate change mitiga- tion and adaptation; to provide the authority to implement a carbon pricing mechanism; to establish a climate change fund with authority to spend proceeds® to establish industrial emissions limits; and to provide transpar erncyr and accountability. 3- Require climate clearage, both GHG emissions and climate change adaptation, to be considered during the development, of all Memorandums s to the Executive Council (MEC's). 4 Include in the mandate letters to all Ministers and Crown corporations the requirements to: a - consider climate clearage in all decision-making, and b assume responsibility, as appropriate, for GHG reduction and climate change adaptation for specific eco... uno is sectors related to the department or corporation. 5- Lead by example on climate change through actions and decisions by developing the most effective and efficient tools (policy, legislation, incentives, disincentives, financing) to addre's's climate change. 6- F_nsuure the Climate Change Secretariat has the power, authority® and resources to: a coordinate, measure and reporton GHG emissions reductions, adaptation achievements and irnplernenta tion progress directly to the Cabinet committee, in cooperation with government departments and Crown corporations;: Ib - establish a multi -stakeholder climate advisory council as part of a new robust engagement model; a- manage the continued engagement with provincialpartners including municipalities, FirstNations, academia, the private sector and NGOs as well as federal, provincial, territorial and interanational jurisdictions on climate change matters; rill - coordinate the gathering and dissemination of information relating to climate change, e - facilitate innovation and research, and demonstrate what is possible through best practices related to climate change; and ff - lead the development of paarbllc awareness and education programs on climate change. E d u= c atlr.am' and aeau er°aarss Reducing G1HG emissions and adapting to the impacts of climate change require the eirn age rnent of all New Bru ns._ nnriickers, businesses, organizations and governments at all levels. The battle against chirrnate change will be most successful with a clear understanding by all New Bruunswickers of the serious inature of the issues and an awareness of what they can do to contribute. The provincial government will. 7 Developabold and comprehensive communications strategy toeducate Ne runswwrickersaboutthecauxsesof climate change, including the linkages between human activity and climate change, and identify opportunities ortunities for all New grun.swwrickers to participate in .solutions. The approach should include partners to enable similar efforts and messages to be delivered outside of government. 8- Develop axcentral repository fordifferenttype.sofclim teinformaati n.Theinformaationshouldbeeasytoaccess, understand and interpret„ An outreach approach will be developed to ensure that partners are aware of the information and its value. 9- Incorporate climate change into education at all levels, including experiential learning and connecting learners with climate change initiatives in their local communities. Capacity Capacity -building refers to growing -the strengths, skills, knowledge, competencies, and abilities of New Brw.urnswiiclkers to respond to climate chainge„ Capacity, including human, knoWedge and financial, its a key cor nponent to being able to respond to the opportunities and challenges passed by climate change. New Brunswick has a lorng_establliislhed and effective NGO network that works to make, linkages and create part-. nerships among stakeholders. This effort Inas resulted in the creation of capacity in communities and linkages with academic iunstituutions, researchers and planning bodies such as the regional service commissions. The provincial government will. 'qts - Support and strategically invest in research at New Brunswick universities and colleges. 1 "I - Invest in training of workers, particularly in the trades, to create anew workforce oriented to energy efficiency, energy management and non-ernitting energy. 12- Strengthen linkages between government, researchers, NGOs, local communities and First Nations, to create partnerships and Increase local capacity., %.m' aik". m"�....�°"2 a�. ,��mr+0 du r"rn.a°' im"''t The provincial government owns and operates about 1,000 buildings and 4,500 vehiclles.Tlhese assets produce around 400,000 tonines ofG1HG emissions annually, with eneirgy costs of.$ 5 million each year. Asa significant consumer of energy, the provincial government is committed to leading by example by adopting ambitious measures to reduce emissions fromn its facilities, fleets and other assets, as well as by using procurement to drive market demand for Ilow-carbon goads and services. A carbon -neutral government policy, a comirrnkmernt to having no net impact on ernissions, Is one example of a tooll that can be used to enable tlhis type of change. British ColuurnWa's Carbon Neutral Government Regulation, for example, Inas achieved net -aero emissions In Its operations since 201 O.The regulation coversthe entire public sector, 71 including government offices, schools, colleges and hospitals, After all energy efficiency and cleaner fusel options are implemented, achieving carbon neutrality in the New Brunswick government will require an investment in emissions reduction projects to offset any remaining emissions from others who reduce or prevent GHG emissions. An offset program will help to fund more GHG reduction projects around the province and engage a broader range of participants that contribute to achieving the province's goals, The provincial government willm 13 - Be carbon -neutral in its operations, facilities and vehicles by 2030. 14 .setup a GHG Offset program to facilitate achievement of its carbon -neutral goal, 15- Encourage municipal and ether public institutions to participate and make similar commitments as the pro- vinciaal government. l urvwrrvclal buildings GHG eran'issrnar°ns The provincial government's Green IBuilding Policy sets high environmental standards for the construction and refurbishment of all buildings that receive public -funding., Energy audits have been completed in schools, hoslpi.Ws and provincial parks across New IBruunswrwick. Up to 50 public buildings are being considered fear conversion tri cleaner energy sources. Biomass and natural gas energy systems have already been installed in numerous public buildings.. The provincialgovernment will. Provincial trarispoirtation GHG errslssioris Ihnile the provincial governments Green Vehicle IRolicy contains a commitment to stringent emission standards when replacing certain vehicles and supports the Ipuurchase of fu.uel efficient vehicles, -there is a need for a more comprehensive provincial green transportation Ipoliicy that includes specific commitments and targets tea reduce vehicle emissions, support alternative transportation and reduce the deirnarnd for travel. The provincial government will: 22 .. prepare as green transportation policy that will include measures to: a - develop au government electric vehicle program relating to fleet vehicles and recharging infrastructure; b- implementnewfleetprneaarement, consistent with the Green Procurement Policy, nand aanargernentsystems including alternative fusel vehicles that improve fuel efficiency and lamer GHG emissions, and fr. c - promote a culture ofminimi ed travel bypublicservants, through measures such as enhanced teleconference capabilities in government offices, alternative work arrangements, a strengthened employee travel policy and encouragement of alternative methods of commuting to work. Low Lad"ban procurew.,ent Green and low -carbon (procurement policies can achieve better value for money by fully understanding the envi- ronrnentall costs associated with the production, purchase, use and disposal of goods and services. The provincial government has already implemented a number of green procurement practices and is purchasing an increasing range of green products and services. The provincialgovernment will. 23.- Pre aare am green procurementpolicy, with n phased implementation strategy, to procure products with the lowest carbon fbotprinta The policy should also minimize the impact on the environment and reduce climate -related risks while still meeting the government's cost and quality requirements and respecting trade agreements. Inteir purisdmcflorral pa t!aer hlps remind collaboir tir ern Collaboration with partners continues to be an important cornerstone for successfully addressing climate change, and this its particularly important for a sirnall province such as New IBruanswkk„ Examples include several inter-proviinclall and international collaborative arrangements such as the New England Governors and (Eastern Canadian Premiers (NEG -ECP) CP} regional action plans; the Atlantic Climate Adaptation Solutions Association (ACASA), a partnership between the Atlantic provinces; and the Gulf of Maine Council's Climate Network. Sharing information and experiences related to chniate change adaptation and GIHG reduction allows New Brunswick to leverage its contributions to achieve greater results as a collective -than any individual province coulld achieve on its oven. I'<tl,ost climate change issues include common concerns and interests amongstjuariisdictiorns. Also, within New Brunswick, a wide range of collaborations are proving to be highly effective in achieving climate change objectives.Valuuablle (partnerships with (local governments, businesses, academia and non-profit organizations can continue to expand opportunities such as climate change adap'ta'tion and smart growth comirnurnity planning, resulting in energy..efncient, low --carbon and climate resilient communities. rig] lirmate change will Impact the natural environment upon which (First Nations co:armrmunities depend. There will Ibe changes tax wildlife and plant species, trad"otionM medicines, and waterways, This dill impact the cuiture and sway of life for many First Nations communities. First Nations communities are also among the most vullnerable to clirmate change dine to their praaxiornity to coastal and inland waterways. New Brunswick will work with l::irst Nation communities tox help address the challenge& First Nation coairmmnurnities wnrill beinefnt faro m the economic opportunities presented by transitioning to a low -carbon economy. Reducing GHG emissions presents opportunities forjob creation and economic development across the province, as well as opportunities to enhance tine efficiency and sustainabillity ofenergy use in (First Nation communities. 1"he ideas included in this section are potential areas of collaboration with First Nations, They are a starting point, setting out New Brunswick's conirrnk muent to an ongoing dialogue and long-term engagement. The provincial governrnent will. 30,., Continue to engage with First Nations to support implementation of this action plan, including: a - developing working groups with First Nations representatives to address priority actions; Ib including First Nations representation on as climate change advisory committee; mittee; c sharing climate impact information and tools to help identify and address vulnerabilities; d - support/rag capacity building opportunities to grow the strengths, skills, knowledge, competencies, and abilities of First Nations communities to respond to climate change; and as supporting programs to improve the energy efficiency of homes and businesses. GHG emissions reductions New Bruunswick's emissions are projected to Increase gradually during the inext 15 years. A new, Integrated approach to GHG ermiissiion reduction is required for New Brunswick to meet our clliirmate reslpoansibiiRies and maintain eco... noxrmic coxmmpetiflvene.s.s. New Brunswick has a small population with an economy dominated by energy-intenMve and export oriented in- dustry. It its Important that economic investments be made In reducing energy waste and making cleaner energy choices. Tran.sitioxning to a low carbon economy is no loangerju.st a climate issue; It is Increasingly about access to export markets and being competitive In attracting neer investment. New Brunswick must allso be aware of the circa curnstances regarding our primary export destinations In the northeastern United States and new markets In Europe and other parts of tlhe world. federal government has joined about 40 nations and rmany states and regions in having implermnernted or committed to putting a (price on carbon emissions.. "There is a risk that carbon -Intensive New Brunswick products may be subject to market or regullatory challenges In destination jurisdictions and erode our competitiveness. We must be mindful of this risk. rL! This action plain supports two objectives. reducing GIHG gas emissions and maintaining economic girowth. Figure 1 illustrates the diistrilbuutiion of GHG emissions amoing the various sectors in New IRruulnswnuiclk. Electricity generation, industry Agiricu Iltua re ^`Fnlo and transportation are thethree dominant contributors to provincial GHG einnissions. WMISM WEEISM Figure 1 Dllstribuutlon of Gl--IG emissions lin New Bruunsvwkk in developing this action plan, the provinciall government carried out a review and analysis of a wide range of options to reduce GHG emnissiions. Consultations across government, stakeholders and other (provinces were conducted and recommendations from the Select Committee on Girmate Change were considered. Ain extensive analysis of options helped to evaluate the potential GFIG emission reductions. SourceEnvkonrmenint Canada The analysis of options was used to identify several high -(orad policy and program initiatives for inclusion in this action pllan.These initiatives ilndluude a price on carbon emissions, clean energy and efficiency programs, renewable energy Iprograirns, reduced emissions in transportation, regulation of iindustry GHG emissiioins, reducing agricultural errnissions, waste, planning for smart, lower-carboin development as well as carbon sinks and offsets. The selected initiatives have beein chosen fromn among the hest approaches that are effective in reducing GHGs while protecting and growing the economy. Further, while any single inldative can stalnd alone, the effectiveness of each one is increased by adoption of the fuulll slate of initiatives due 'to'their iinter...dependent nature. For exam- ple, establishing a (price on carbon emissions helps vuirth shifting investment to lower emissions actilnrities and also funding programs supporting elnelrgy efficiency to reduce costly vwaste.These actions are the best and lowest -cost options to help phase out fossil) fuels iin the (longer term. GHG emissioun, rued us fl on targets Although New Brunswick's GHG eirnis.siions have declined in recent years, they are not projected to deckne in the future under the status quuo.This, aloing with incireasiingllystriingeint GIHG reduction targets adopted by NEG -ECP and the provincial government, means that additional GIHG emiission reduction rmeasuures will be required. "The provincial government will. 31- Establish specific GHG emission targets for 2020, .2030 and that reflect ca total output of a ... 3 e Mt by,2020; Ib - 10.7 Mt by 2030; and a ....5 Mt by,2050. it is now clear that strong action oin climate change !includes the comirnkment to establish a (pricing mechanism for GHG emissions (a price on carbon). in October 2016, the federal government announced its intention to establish a price on carbon emissions of $10 per tonne In 2018, rising to $50 per tonne by 2022. Provinces and teridtodes will have a choice in how they implement this priding. Should any province or territory (not establish a price on carbon by 2018, the federal) government will) implement a price in that jurisdiction. When Ontario implements its cap.. -and -trade (program, 85 per cent of Canadians will be paying a price on carbon. AIII of the northeastern United .States already have a price on carbon emissions. This measure will stimulate iinvestment in GIh-IG emission reductions but is insufficient on its own to meet emissions reduction targets. "i"hat its why, in addition to carbon pricing, programs that provide advice and incentives for energy saving and clean energy are needed. (Rev.. enuue generated from carbon pricing wnriil be used to help suupport these new and expanded (programs in tlhe fuutuure. 01 The provincial government Alla 32- Implement a made -in -New Brunswick carbon pricing mechanism that addresses the requirements of the federal government for implementing a price on carbon emissions by 2078 and at the scare time recognizes New Brunswick's unique economic and social circumstances. The provincial government will take into consid- eration impacts on lover -income families, trade -exposed and energy -intensive industries, and consumers and businesses, when developing the specific mechanisms and implementation details, including hoar to reinvest proceeds. Any carbon pricing policy will strive to maintain competitiveness and minimize carbon leakage (i.e., investments moving to otherjurisdictions). Proceeds from carbon emissions pricing will be directed to ca dedicated climate change fiend. f.mlea Br& ci nw rgy o.F'nd� fficiernc C ogire ms As 92 per cent of emissions in New 1Brunswick alre from energy use, there are essentially two dominant ways to reduce GHG elrrnissio ns, reducing energy consumnlptilon and switching to cleaner fuels. There are 'ilnWatives, currently beiing impllelrnelnted lin leading jurisdictions, which achieve this awhile lncreasiing investments 'in thedr Vocal eco nornies and creating jobs. Studies and eaaperilence show (positive eco nook outcomes related .to this approach. 'The 1potentiall for energy efficiency in homes, businesses and tlralnspoirtabonn in New IBrurnswv ck its su bstaintiall. I_ead- irng jurdsdiictlons are achieving effnclelncy gailrns by reducing energy waste by 1.5 per cent to 1.75 per cent per year through energy efficiency programs,, This crosses all fuells and alll sectors. in electricity alone, which is about 30 per, cent of energy use in New Brunswick, the elnergy efficiency poteantiall in electricity has been estirnnatecd by NB IPowelr to be equlvalent to lrnore than 000 MW, A broader and moire aggressive smite of energy efficiency and clean energy programs will) reduce relliiance on fossill fuelled electricity generation, Energy we day meat use is free of cost and emnilssiaalns.Through ellirninating waste of energy through efficiency measures, we can significantly reduce demand. Investments made within the province in energy efficiency are aln attractive alternativeto buying imported energy, "II'Ihe plrovilndal government recognizes the significant untapped (potential to limlprove New Blrurnswiek`s energy efficiency, thereby reducing GF-iG emissions and energy casts. The provincial government will., 33 Mandate energy efficiency delivery agents to provide energy efficiency initiatives with: a clear performance -biased targets for program -delivery services, lin line with potential for efficiency gains in New Brunswick and performance levels in leadingjurisdictions; i.e., in the range of los per cent to 7.75 per cent of sales per year; Ib - sustained funding, including financial incentives and financing mechanisms, to support enhanced progre.s® sive long -terra programs, c expanded capacity and programs to support low-income New Brun.swickers; d - active promotion and recruitment of participants to enhance program uptake; e - training for building contractors through partnerships with the New Brunswick home Builders®Association and other stakeholders; f coverage of all sectors (i.e., transportation, industry, commercial, residential) and all fuels; g - the scope to include distributed clean energy options such as solar, wind and bio -energy; h - performance auditing and reporting periodically; and it legislative and regulatoryouthority to enable energy efficiency delivery agents to meet the above conditions. 34- Increase spending on energy efficiency in the capital budget by.50 . 35 - If viable, use the property -Assessed Clean Energy (PACE) program in New Brunswick as a means of financing forprivateproperty owners toimplement energyeffaciencyandrenewableenergyimprovements. WQ 36- Urge the federal government to: a - improve energy efficiency through revisions to the building standards for First Nations housing; and b - agree to add energy efficiency as a component of social housing agreements. 37- Continue to encourage innovation such as smart grid technologies to facilitate additional efficiency gains in electricity service in the mid to long-term. 38- Within a time frame that respects NewBnares wick's circumstances and takes into account training in the build- ing industry to ensure adequate compliance, adopt the latest National IEnergy Code of Canada for Buildings and National Buflding Code. 39 if viable, require energy labelling for all new building construction, both residential and commercial. Ren,ev,,aLk,4, andl [ow-ernission, energy New Brunswick is endowed with a wealth of renewable energy sources (hydro, biornass, wind and solair), which offer an array riff IlocalI benefits -for sustainablle economic devellopment, induding lowerGliG emissions. Forexarnple, the use of domes -tic wood -based blornass, such as wood peflets, offers economic development opportunities and provides an affordable low -emission alternativeto oill and electric heating. Much of the province's ellectricity already comes from renewable or emissions.-firee sources.,The 2011 einergy policy increased the corrimftment of the provincial government by setting a target of meeting 75 per cent of electricity demand with renewable or emssions-free sources by 2020. The provincial government will. 40- Work with the federal government, our neighbouring provinces, local stakeholders and the electric utility toward eliminating coal -fueled electricity generation as quickly as possible. Ifadequate supportcan be found to minimize impacts on energy costs and the local economy, eliminate coal by 2030. Alternatively, phase out coal by the status quo date ol`2040 with interim emission reductions aligned with new federal regulations. 41- GHG emissions from electricity generation in the province will be regulated in alignment with provincial emissions targets. 42- Support the uptake of increased renewables for both electricity generation and residential/business heating in New Brunswick, through financial incentives, policy and legislation. 43- Investigate and remove existing barriers to achieving greater implementation of renewable power generation, distributed energy generation, and net metering. 44- Review the outcomes ofthe small-scale community renewable energyprogram upon completion and expand or modify the program accordingly. 45- Work with the federal governmen t to address the barriers to using registered retirement savings plan invest- ments to support community economic development corporations with their renewable energy projects. rl,educed GHG ernissions firctm, trin1s1 ertation Transportation contributes albout 30 per cent of a1111 G1HG emissions in the province., To reduce these emissions, initiatives are needed in three areas: vehicle choices; vehicle fuells; and transportation modes (road, raill, marine and pipellines). The avaflability and Ipopuallariity of electric vehicles and hybrids are growing rapidly.They produce Ilower GHG emis- sions and air pollution than tradiflonall internal/ combustion engines. As the provinces electricity is incireasinglly sourced from llow-emission or non-ernitting sources, -the environmental benefits of switching to electric vehicles can be significant. M NFA Emissions from freight movement can also be improved through the use of alternative fuels, aerodynairnic tireat- rnent to trucks and engine design advancements, Shifting the mode of transportation can reduce energy use and emissions such as shifting from iraill to pipelines. Better access to cyan allternatnve transportation such as public transit, rule -shaming and bicycling reduces transportation emissions, offers affordable options and demonstrates improvements in community design. The provincial government will: 46- Work to have 2,500 electric vehicles" on the road In NewBrunswickby202O and 20,000 by 20,.30. 47- Implement an electric vehicle strategy that specifies the required incentives, regulations, policies, programs and charging infrastructure to achieve the above-mentioned targets for electric vehicles. 48 Work with industry, shippers and other stakeholders to identify opportunities and partnerships to facilitate multi -modal transportation (road, rail, marine and pipelines) aimed at improving efficiencies (e.g, logistics) and reducing GHG emissions. 49- Work with freight trucking partners to improve the fueleffmclency of freight trucks by installing proven fuel -sav- ing devices .such as aerodynamic features and new engine technologies while addressing regulatory barriers to implementation, piloting the use of alternative fuels such as natural gas will also be considered. Sip- Collaborate with municipal andlocalgovernments to expand cleaner alternative transportation options such as electric vehicles, public transit, carpooling, ride -sharing, bicycling and walking. 51 Advance public transportation planning at the regional level to allow for route integration and lm provements In access,. Regulation of industry eu'<nnussllens The prov4ic'iai government is already implementing a regulated requrulrement for (large industry to report its GHG emissions and to submit GHG management plans. "IFhe next step is to set emission limits for large industry and tun require medWrnsnzed industries to begin reporting and managing their emissions. The provincial government will. 52- Extend the reporting requirements to facilities that emit atleast 10,000 tonnes ofGH emisslons peryear and management requirements to facilities that emit at least 25,000 tonnes of GHG emisslons per year® by the end of2017, respectively, and work with industry to ensure a smooth transition. 53 ,set emissions limits on the largest industrial emitters In consultation with relevant .stakeholders, the federal government and otherprovince.s to ensure that the measures are effective In reducing GHG emissions and are fair and equitable. 54- Extend the requirement of Greenhouse GasManagement Plans forindustrlalEmitters lnNew Brunswick (201,5) to include the preparation of an energy management plan® In keeping with the Operating Approval condition, pursuant to the Air Quality Regulation of the dean Air .Act. Reduced GHG emissions fulrom waste GFiG emissions from the waste management sector in New Brunswick represent about five per cent of the province's total GHG emiissions,There are three basicways to reduce emissions from waste: a waste prevention (such as packaging and food waste); s diversion of organics and irecyclable maternal from landfills; * capture and reuse emissions from waste such as landfall gas. 4 Electric velhicie.s include plug-in eiectft passenger, fleet (such as taxies) and cornrmewdal (such as delivery) vehicles, N-11 These measures could have .significaint impacts across rnu Mplle sectors, both within and outside New Brunswick, at relatively low costs, as they woWd reduce demand for raw materials, emissions frown transporting and processing these inputs, as well as emissions from (landfills. WIMe all six of New Brunswick's active regional landfills are either equipped with landfill gas management systems or are in the process of Ihawrning thein Installed, tlheire remain ad- ditionall opportunities for GHG emission reductions in the forma of waste prevention and the diversion of organics and recyclable materials firoirn landfills. The provincial government will: .S5.- Require all regional. service commissions to increase the diversion of organic waste and recyclable materials from disposal. 56 Support fuarther improvements in regional solid waste landfill gas capture. Red UMd 2.}n ,� n i„:OI a 9r'iCi.T. tore The agriculture sector is an essentlall pairt of New Brunswick's economy and creates four per cent of lts annual) GHG emissions, Farmers are currently increasing their environmental awareness, including the subject of climate chainge, through their voluntary involvement in the Enwuironnnentall Farm Plan (IEFI1).The El:? addresses things such as energy efficiency, management of Ilivestock facilities, manure storage and handling, pasture management, soil management and nutrient management, Upcoming revisnoins to the IEFP are expected to Include ain ii increased focus on chimate change mn'tigaWin and adaptation.. IReasonable steps can be taken to hellp farmers mitigate the Impact of their operations through beneficial farm management practices.. many of these Best Management Practices have a slide benefit, not necessarily known to the farmner, of reducing GHG emissions. For exarmplle, nmpleomeintation of a nutrient management plain and installation of subsurface drainage will (both reduce initrous oxide emissions and good genetic selection to improve feed efficiency Wil help to reduce imethaine production frorn beef cattle. By Ilooking at opportunities at the farium level, farmers will Ibe able to improve efficiencies and reduce their impacts oin the environment. The provincial government will.. 57 - Work with the federal government to promote the adoption of beneficial farm management practices that mitigate GHGs, including programa funding and incentives where appropriate. Carbon sir°rbcs and offsets carbon sink its anything that absorbs snore carbon than it releases and can be a natural or artificial system.. In creasing carbon sinks can Ibe ain important method of mitigating climate chainge by keeping sorne GHGs out of the atmosphere and offsettling emission reductions elsewheire. t.and...uWuse management decisions applied toforests and agricultural Iland can Increase carbonn storage by nmplermentnng measures such as conservation tillage, conversion of marginal agdcu,ulltusurall lands back -to forests, forest restoration and urban forestry. )there are two types of markets for carbon offsets: voluntary irnarlkets and regulated markets. In voluntary markets, spe... ciifnc protocols are geneirallly less stringent on (how the forest is managed or (how the offsets are administered over time as compared to regulated markets. IReguulated carbon markets are ones where snore detained and stringent (protocols are in place to dictate how forests are required to be rnanaged. Offsets sold into a reguullated umairket tend to receive a higlheir price -than voluntary offsets. Flaving a cap and trade system is not a requirement for .selling carbon offsets. The provincialgovernment will: 58- Continue to encourage opportunities for increasing forest and agricultural carbon sinks, as part of the devel- opment and promotion of sustainable forest programs and beneficial management practices in agriculture. 59- Encourage the expansion, restoration, preservation and management of green buffers and urban forests. Wel 66 - &p1ore the opportunity for participation in carbon offset markets (voluntary and regulated) as as means to capture GHG emissions and economic opportunities for New Bruns ickers, in accordance with accepted offset project design, measurement and verification protocols. 61- Encourage the use of wood products (aa renewable construction material that, sequesters carbon for the long- term) in construction, including through building codes, standards and pnrocurenent p olicies. plauununi npr fon smart, low -carbon develoipmentr, Land -use planning can support the transiition to a lower -carbon economy by reducing HG emissions in cornimurunRies through smart growth oriented development patterns, and throu.ugh tree planfing.s, green roofs and permeable surfaces. urban form and slpatiiall planning measures can also largely drive transportation emissions reductions and may also facili'ta'te irnprovernents to new building efficiency by driving more compact design. Hower we design our communities can also have a large impact on public heallth by promoting healthy built environments, healthy lifestyles and sustainable communities. The provincial government will. 62- Encourage community and regionaallaand-use planning practices thatincorporate energy efficiency, ernergyconser- vaation, carbon sequestration, reduced emissions, su paort heaalthy built environments and which incorporate and encourage communities to improve the availabilityand accessibility of safe alternative forms of transportation such as walking, cycling andpnuabUc transit.. 63- Provide incentives to promote smart growth (natural infrastructure, green buildings, leases-impaaactdevelopannents) and sustainable community design. 64- Incorporate GHG emission `reduction considerations into lifecycle assessments of infrastructure projects. 65 Include in the upcoming modernization to the Community Planning Act and Municipalities Act, the ability to respond to the needs of local governments and their riorides formitigation. Adaptation t e inipa is of climate change GHG emissions remain in the atmosphere for many years. As a result, the trernds in diimate change can be expected to continue even with a targeted decline in GFIG emissions, Early adaptation to climate change impacts is criticall in avoiding much higher costs related to huurnan health and safety, damage to communities and infrastructures and changes in natural resources. Climate resilience is the ability to survive and flourish in the face of changing climate. Climate change adaptation is a key means to achieving climate resilience, and is about malking informed forward -hooking decisions considering future climate conditions. Examples of adaptation: a trimming trees to avoid damage to power lines from ice and wind .storms protecting or moving buildings to avoid flood damage® and improving drainage systems in communities to handle extreme rainfall events. A changing climate presents both risks and opportunities for New Brunswick's communities and resource sectors. In order to reduce the risks and take advantage of the opportunities, we must fuullly understand the clhalleinges posed by a changing climate and present realistic approaches to addressing theme Adaptation will Ihelllp to maintain and enhance our province's economic cornpetitiveness, the well being of New Brunswickers and resilience of communities. Climate risks and adaptation p1lanning can be comprelhenMvelly Incorporated into provincial decision-malking; however, while the provincial government has an important role to play in building New Brunswick's resilience to climate change, many of the most important dedsiions Mlll bernade at the local level, Community planners, prop... E:ii] erty owners, local governments, First Nations, infrastructure owners, businesses, community and environmental groups, and resource managers all need important climate and adaptation linforrnatlon and -tools for guidance, Vnde,rs',and dir'n te chzinge Inn pacts Measuring chmnat'e change and the impacts in New BrunswWk as well as projecting future trends are essential to building ireslliience in our communities, provincial infrastructures and managling our natural resources. Bu.uiil61ngs, roads and bridges, power limes, communications systerns and drainage systeirns all ineed to The designed and built to withstand 'future climate conditions. Management of forests, agricultural Ilarnds and gather resources requires reliable climate information,, Critical to this its a robust systern of irnonkoring and information gathering of reliable data,, For example, in its im- Iportant to understand -the causes,'frequency, .severl'ty and consequences of floodiong due to the Increasing risk of high mater levels and erosion alloing coasts and rivers. The provincial government will. 66 Strengthen research capabilities into the impacts of climate clearage by identifying research priorities, devel- oping a research network and encouraging greater collaboration and sharing oflnformation across partners (e.g., academic institutions, other jurisdictions, federal government, NGOs). 67- Develop a more coordinated approach to tracking change's in the physical environment, (e.g., temperature, precipitation, seer levels and migration of pests and invasive species) in collaboration with other partners to be used in future climate modelling. 68- Acquire the most, up-to-da't'e predictive climate change information for all parts of the province and ensure the modelling capacity exists to support decision-making, 69- Acquire, and awake available publicly, UDAR data for mapping tared elevations to be used across all sectors in planning for future climate conditions, especially for flood risk mapping and coastal erosion. 70 Support the development of analytical and educational toads to help communities, infrastructure owners (roads, power lines, etc.) and the natural resources sectoridentify their vulnerabilities and take action to adapt. Butild i n asI,.,ra<n°awtty Infrastructure plays a critical role iin social, economic, and ecological welll...belrng. it (provides essential services to communities and businesses, lnclluding water, power, agriculture, hospirtals avid otherhealth care facilirtiies, schools, iransportatlon networks, telecommunications, and protection from the elements. Climate channge impacts can contribute to road, bridge, (port, raid, and airport disruptions, and increased costs for in'frastruc'ture repair and maintenance. "Mese dlsruuptlons Ion )productivity, critical trade infrastructure, electricity generation, and supply chains would have far-reaching consequences for many economic sectors, services to coun.surners and businesses. There is a strong case to The made for lncoirpoiratiing chmate change considerations unto all infrastructure decl- sion.-malking. Significant dollars are spent annually on new and existing lnfrastructurure by all governments and the private sector. Malking these substantial, (long-Illved, investments resilient -to climate change impacts saves costs in the long..term and IproMes opportunitles'for the 'impllemen'tatlon of innovative aplproaches."Fhls includes con- sideration of different types of infrastructure (e.g., hard versus natural), as wellll as the design, location, operation, maintenance and decornmiis,sioning of infrastructure assets. The provincial government Alla 71- promote and use natural infrastructure (e.g., forests, wetlands, salt marshes, floodlalains) as an important, tool to buffer against climate change impacts. 72- Ensure that the impact's of climate change and extreme weather are considered in all infrastructure decisions and the lifecycle assessment of allinfrastrauctuare projects (design, construction, operation, and maintenance). E -11I 73- Work with the rovincialinfrastructure owners (e.., Departmentof7"ransport tion and Infrastructure, NB Power, ell liant) to ensure that climate change adaptation plans are completed for all critical infrastructure by 2020. 74- Work with municipalities to evaluate vulnerabilities ofcritical infrastructures (e.g, drinking wnratersupplies and sewage treatment systems) and ensure they are resilient to climate change impacts. 75 Develop guidelines for the consideration ofclimate change in infrastructure decision --making. Stipp rt coinim,ieorrr'ty adaptation plainining Adaptation at the community level means embarking on a systematic review of the predicted nature and scale of impacts to the community and their resultant vualnerabil'oties (e.g., potentiall flooding of main .street blocking access to a ho.spitai). These can then be Misted and ranked in order of priority according to the levell of risk they represent. Solutions can them be identified in an adaptation plan. Various actors in New Brunswick are already engaged in community adaptation planning. These earlly adopters have develloped modes of expeirt'ise and their experiences can be shared with others. INGOs Allay a ciriticall irolle lin INew Brunswick in helping to guide communities through the adaptation planning process. Although there has been an increase in the number of cormmuunirtiies that are engaged in adaptation pllarnning, there its still signifncant workto be done to ensure that alll communities are considering the impacts of future dirnate conditions and developing flans to address them. The provincialgovernment will: 79 Include in the upcoming modernization to the Community Planning Act and Municipalities Act, the ability to respond tea the needs oflocal,governments and theirpriorities fear adaptation„ 0- Implement statements of provincial interest under the Community Planning Act to establish province -wide standards and requirements for responding to climate change at the community level, such as flood risk reduction. 1- Collaborate with the cities to ensure that climate change vulnerability assessments and adaptation plans are completed by 022. 82 Collaborate with the municipalities and regional service commissions to ensure that climate change vulnera• bility as,se.ssments and adaptation plans are completed for our highest risk municipalities by.202O. Adapt rial,urai Ire" rpur'ces art,,d ialipi r id'lt uire New lBruunswnrickers rely Iheavilly on natuurall resources such as trees, water, land, fish and wvilldlife and our agriicuulltuurai resources — all of which are influenced by d imate. Our econorrny is therefore particularly vulnerable to climate change. There is iincreaMng recognition of the value of inatuurall infrastructure such as wetlands, Oloodplains, dunes, forested areas and natural buffers, in protecting communities and critical infrastructure in high risk areas such as along coastlines and lin floodplWns. The provincial government will. 3 - Incorporate climate change knowledge into Crown land operating plans, silviculture Manning and all forest management plans. E:3A 84- Work with natural resources managers to ensure that climate change adaptation plans are completed by2022 to address major climate threats. 85- Support research sato the impacts ofclimate change on agriculture and examine neer crop and market oppor- tunities as a result of changing growing conditions. 86- Encourage future federal -provincial -territorial funding agreements to include a stronger focus on climate changes 87- Take measures to advance agricultural practices that promote.soil health and reduce vulnerability to soil erosions 88- Strengthen the existing program to assist with riparian buffer restoration in agricultural areas, recognising that riparian buffers between agricultural activities and watercourses are important to address erosion and runoff from extreme weather events. 89- Recognize the importance of ecosystems (e.g., wetlands, forests, soil, dunes, coastal salt marshes) in buffering the impacts of climate change, and integrate ecosystems services (e.g., temperature control, maintaining air quality, erosion control, mater quality improvement, flood reduction) into land -use planning. 90 While balancing the economy and the environment, identify and focus on the most climate -vulnerable species, habitats, and landscapes as targets for adaptation action and manage for landscape connectivity to allow for 91- Develop guidelines for prpiect proponents to ensure that future climate considerations are incorporated into Environmental Impact Assessment. 92 Collaborate with the federal government to: a -Ensure that sufficient refuge harbours and wharves exist for protection from .storm events, b - Adjust the timing of fishing seasons In response to changing marine conditions, and c - Move more quickly to take advantage of new fisheries that may appear in New Brunswick waters. Reduce climate -related hazards Chmate change is contributing to extreme and catastrophic weather events -throughout much of Canada, ii nclluding the Ilikefthood of flooding, willdfwre, drought, heat and wind. IHazards and disaster rusks have aWays been a concern; Ihowever climate characge its driAng the weed to adalpt to moire intense and frequent evernts.Tradkionailly, responses to disasters have been reactive, but recent experiences have shown the benefit of investing in (proactive avid preventative measures. INsastewr risk ireducUoim and adaptation efforts can compieirnent one another to (buffer sociietyfrom climate -related impacts and better posiitiion ccvmmunitiies to reduce and manage disaster imlpacts more broadly, Addirtlonailly, land... use Ipllan ning is a powerful torsi in heilping to reduce the impacts of naturall disasters, and can inform decisions about if and vnwlheire -to relbuiid during disaster recovery. The provincial govern ent will. 93- knsure provincial disaster financial assistance programs and insurance products are responsive to climate change. 94 Consider future climate conditions when making decisions about replacing or repairing infrastructure following disasters ( build back better" or relocate). 95- Continue to promote and support opportunities to share information amongst adaptation practitioners, the general public and emergency management officials with an aim to increase our collective resilience. 96- Renew and expand its flood hazard data and mapping„ and ensure that these predictive tools incorporate the anticipated effects of climate change in parallel with the development of a provincial statement of interest that addresses flood risk and climate. 97- Examine the relationship between watershed condition, land use and peak flow events associated with extreme precipitation. E:ic3 98- Encourage the insurance industry to make flood insurance available to high-risk homeowners and promote awareness of available products. Reduce cli ynate change impacts on, public hewsKh Chirnate change is increasing the frisks to the health and well-being of New Bruunswickers. These rusks can be rnirti- gated by focusing on both prevention (e.g., supporting research and building capacity and awareness to promote health and well being and efforts to reduce rusks), as well as effective responses to climate impacts (e.g., providing health care services and interventions, such as extreme heat and forest fire smoke aleirt vwrairning tools). While there its already work underway, in New Brunswick it will be impoirtant to build on and expand these efforts. The provincial government will. 99 Develop a public health communication strategy and continue to work collaboratively to educate the public, and other stakeholders, on the climate change impacts on human health. 100 - Support ongoing research into climate -related health risks, including drinking water quality and quantity, increased risk of heat -related incidents, psychological and physiological impacts of extreme weather events and the potentials read of vector-borne diseases. 101- Continue to implement, and support, an extreme Pleat Alert and Response Systeme (HAR) throughout New Brunswick. 102 Explore, and support in partnership with other departments, the development of health surveillance tools for morbidity, mortality and mental health stress among the public following extreme weather. 103 - Explore, and support in partnership with anther departments and federal agencies, municipalities, the develop- ent ofnew warning tools for public health hazards linked to climate change such as extreme heat, air quality, forest fare smoke, vector borne diseases, etc. 104 - Assess public health risks in drinking water quality and quantity, increased risk ofheat-related incidents, psycho- logical andphysiologicalimpacts ofextreme weatherevents andthepotentialspreadofvector-bome diseases. sycho- lo icaalarealphysiologicalimpactsofextremewnreathereventsandthepotentialspreadofvector-bornediseases. Economic oppfwtunfties An integrated, econorny-wide approach tai createjobs and drive iinrnovaHoin across all sectors and regions is required to grow New Brunswick's econoirny, achieve our GHG eirnission targets and improve overall environmental perfor.. rnance.There are significant financial opportunities that exist through reducing energy costs and the (potential for reinvesting the savings into Menne Brunswick's econoirnyo Technological innovations and advancements are critical to accelerating the transition to a lover -carbon economy. Despite a growing global clean technology sector, Menne Brunswick faces challenges in (low carbon innovatlon, particularly with respect to commercialization of the technologies. There will be opportunities for certain sectors as the climate changes and New Brunswick must prepare to take full advantage of these, .specifically as they relate to the agriculture and tourism .sectors. New Brunswick is leaving in the adaptation field in many ways and there irnay be opportunities to market our tools and approaches moire Ibroadly. The provincialgovernment will. 10. - Resign and im lement a clean-technologyacceleration .strategy that builds on early-stage innovation research, development and demonstrations ( D); accelerates clean technology commercialization; fosters greater clean technology adoption; and enhances connections and collaboration between business market needs and research expertise to accelerate the development and use of clears, low -carbon technology solutions. 1 E:11 ccounla bil4ty and repfTrV rur Accouantalbiilliitythro ugh measurement, reporting and verification of progress its becoming an important ellemment in climate change action plans and is growing in importance in international agreements on GHG emission reductions.. Reporting allows the province to track success lin adapting tea climate change and tea determine the effectiveness of GHG emission reduction initiatives. Most measures of (progress in adapting to the iirnpacts of a changing climate tend to focus on short -terra inmpiernen- tation measures such as the number of adaptatiaan oirvuulneralbii ity Ipllans commplleted.The true measure of progress in adaptation is whether something has increased the adapHve capacity of a community or the province. The Vatter its more complex and a longer term objective. The provincial government will continue to report onshort.-term measures while over the long-term strive tea develop a more complete measure of adaptive capacity. An understanding of the province's energy consumption and G1HG emissions profile is necessary to measure (progress in GHG emission reductions and to assess opportunities fear further reduact'ions. The provincial government will. 110- Continue to release annualprogress reports an implementation of the measures identified in this action plan and in the annual workplans. 111- Establish a standing committee of the legislative assembly on climate change to receive„ a - annual reports on progress toward responding to climate change; b - annualreports on revenue, expenditures andperformance of the climate change fraud; and e - feedback from a multi -stakeholder climate advisory council on the climate fund and progress toward re- sponding to climate change. 112 - Use long. -range energy and economic modelling to track, project and report on GHG emissions. 113 Develop and implement a government -wide energy management and reporting,systern by 02O to ensure all departments are accountable for energy consumption and corresponding GHG emissions.. 114- Encourage the management and reporting of GHG emissions by local governments and businesses. 11.5 - Report on the number of communities with completed climate change vulnerability assessments and odoptaa._ tion plans and on progress toward implementation. 116 - Conduct research and analysis along with academic experts and other jurisdictions to develop a means of measuring climate change adaptive capacity and reporting progress, E-111 Funding for dirtriate change Dedicated fundi rig for climate change Initiatives is essential to ensure sustained, amUtiouus and collaborative action to address climate change, IFu.anding wIlll be required to address adaptation and mRigation initiatives. The provincial government will. 117 - Establish and administerclimate change fund that will: a ensurepr°oceeds from carbon pricing are invested back to consumers and econornic sectors to reduce emis- sions (energy conservation and efficiency, and renewables) and climate change adaptation, and b - ensure expenditures are douse in accordance with government's climate actionpriorities; c- consider all existing provincial and federal funds and opportunities to further leverage the climate change fund. 118 Make provisions for multi-year funding for climate -related initiatives. fv n f u i' rvvu4' : r Our government is committed to fulfilling its moral olbliigatlons to help combat climate change, while enstuiring we are positioning oLuir province for economicgirowth in the short-, medium- and long-term. The select committee we appointed has listened to New Biruxnswiiclkers, and having considered their advice, we are now dellIvering a plan for clear results. Transitioning to ca CoveCaarbon Economy— New Brunswick's Climate Change Action Plan is our plan to reduce emissions and build resillience by adapting to a changing dIrrnate, while at the same time growing New Brunswick's econo.. my. It will help us transition to a strong, more diverse and competitive economy, with newjobs, technologies and exports, while also sustaining families and comnimuunities. The Plain is a corn mitrment that New Bruun.swickwnriilI do its part on climate change by way of a made -in -New Bruinswiick approach to rxneeting our sawn particular needs. The significant work that has been undertaken by communities, individuals and governments are reasons for optimism in the face of the challlenrge presented to us by climate change and the broad scope of actions required. The expanded efforts begun now and w Illl continue over the Ilong-term. It will take time and there will be challenges but with the participation of all New Bruun.swickers, were can achieve our corn mItmnen ts. E:11.1 y� a: 10, > \ 40, �� .. «~ Oam � . 4<l4ol d: low ° \k\ :k.. .� % © is «� Co . � ^� : » IA 01 *0 Wo 0 w" to C fAI r 401 40 4#1 .w 401 40 I %AI 1401 104"1 P c 0 CY) to qA 42WWI C 3 E E Now 1040, UA lc�* X1 c 0 Ch bw 40 r. 140, C, mi $11M 00 c 40 c c fq, 40, IA 01 *0 so, w" to C r Co um I %AI 1401 104"1 P c 0 CY) to qA Now UA lc�* X1 c 0 Ch COD C C, c 40 fq, Wl I HE 0 C 2 um %AI 1401 104"1 P c 0 CY) v UA lc�* 0 3. ".13C j j" 0 COD C I HE v %AI 1401 104"1 c 0 CY) v UA lc�* C, fAl 41 POWWOW, ac Ifal COUNCIL REPORT M&C No. 2018-185 Report Date June 12, 2018 Meeting Date June 18, 2018 Service Area Public Safety Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: By-law - Fees for Fire Protection Services OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Kevin Clifford Kevin Clifford m I Jeff Trail RECOMMENDATION It is recommended that Common Council adopt the following resolution: RESOLVED that Common Council give 1st and 2nd reading to A By-law respecting Fees for Fire Protection Services in The City of Saint John. EXECUTIVE SUMMARY Until recently Fire Departments have not made it a practice to recover emergency response expenses from the premiums that are already being collected for this purpose. Most insurance policies provide coverage for an insured property owner for a number of "insured perils". Commonly, insurance companies include provisions for fire department expenses in varying amounts that typically range from $1,000 to $5,000. Most insurance policies will pay for expenses and / or cost recovery for fire department emergency response activity. The insurance policies require that the emergency cost recovery proceeds are used by the Fire Department for its own purposes including: purchasing equipment; providing training; and / or fire prevention activities related to fire inspection and education. Schedule A provides a list of items and associated fees that can be invoiced as it relates to fire service response activity. 06%] -2 - PREVIOUS RESOLUTION Other Fire Service by-laws related to the storage of combustible materials and the sale and use of fireworks already exist. The Fire Service will be bringing forward a recommendation to align all of the fire by-law items under one document. STRATEGIC ALIGNMENT Fiscally Responsible — Advancing the culture of continuous improvement - securing reimbursement for emergency incident response activity from already established insurance funds is aligned with the council priority to generate alternative revenue sources. SERVICE AND FINANCIAL OUTCOMES It is estimated conservatively that $80000 per year could be generated from this initiative. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input was received from Legal, Continuous Improvement and Risk Management on the preparation of this report. ATTACHMENTS i) By-law Number M-34.1 "A By-law respecting Fees for Fire Protection Services in The City of Saint John `tell] THE CITY OF SAINT JOHN NEW BRUNSWICK A By-law respecting Fees for Fire Protection Services in The City of Saint John By-law Number M-34.1 An uncertified copy of this by-law is available online `to]I Arrete concernant les droits associes aux services de protection contre les incendies de The City of Saint John Arrete numero M-34.1 Une copie non certifiee de 1'arrete est disponible en ligase -2 - `[oy� Page 3 3 4 5 6 TABLE OF CONTENTS TABLE DES MATIERES Section Description Page Article D6signation Recitals Preambule 1 Title 3 1 Titre 2 Definitions 3 2 Definitions 3 Interpretation 4 3 Interpretation 4 Fees 5 4 Droits Schedule "A" 6 Annexe « A » `[oy� Page 3 3 4 5 6 -3 - RECITALS AND WHEREAS, The City of Saint John deems it advisable to make this by-law to establish fees for fire protection services provided by or on behalf of the local government; WHEREAS, paragraph 10(1)(1) of the Local Governance Act, S.N.B. 2017, c. 18, authorizes a local government to make by-laws for municipal purposes respecting programs and services provided by or on behalf of the local government; AND WHEREAS, paragraph 10(6)(4) of the Local Governance Act authorizes a local government to establish fees for programs or services provided by or on behalf of the local government; AND WHEREAS, notice of this by-law, and of the Common Council meeting at which this By- law was discussed, was provided in accordance with the provisions of the Local Governance Act. PREAMBULE ATTENDU QUE, The City of Saint John estime souhaitable d'adopter le present arrete pour fixer des droits pour les services de protection contre les incendies offerts par ou pour le compte du gouvernement local. ATTENDU QUE, le alinea 10(1)i)) de la Loi sur la gouvernance locale, L.N.-B. 2017, ch. 18, autorise un gouvernement local a prendre des arretes a des fins municipales concernant les programmes et les services qu'il fournit ou qui soot fournis pour son compte; et ATTENDU QUE, le alinea 10(6)d)) de la Loi sur la gouvernance locale autorise un gouvernement local a fixer des droits au titre des programmes ou des services que fournissent le gouvernement local ou qui soot fournis pour son compte; et ATTENDU QUE, avis du present arrete et de la reunion du conseil communal a laquelle it a ete debattu a ete donne conformement a la Loi sur la gouvernance locale. NOW THEREFORE, the Common Council of A CES CAUSES, le conseil communal de The The City of Saint John, enacts as follows: City of Saint John edicte : Title Titre 1 This By-law may be cited as the Fire 1 Le present arrete peut etre cite sous le titre Protection Fees By -Law (hereinafter the `By- Arrete concernant les droits associes a la law"). protection contre les incendies (ci-apres 1' arrete » . Definitions 2 The words defined in section 2 of the Saint John Fire Protection By-law, By-law Number M- 34, when used in this By-law, shall have the same meaning. "person" includes a corporation, partnership or society and the heirs, executors, administrators or `9x3 D6finitions 2 Les termes definis a Particle 2 de Varrete sur la protection contre les incendies de Saint John, arrete numero M-34, ont le seas qui leur est donne dans cet arrete. personne » y soot assimiles une corporation, une societe en nom collectif, une societe, et les other legal representatives of a person as well as any owner, occupant, tenant or other person having use, occupation, charge or control of any building, structure or place in The City of Saint John; (personne) Interpretation heritiers, executeurs testamentaires, administrateurs ou autres representants legaux dune personae, de meme que tout proprietaire, occupant, locataire ou autre personae ayant Pusage, 1'occupation, la garde ou la surveillance d'un batiment, dune construction ou d'un endroit dans la municipalite de Saint John; (person) Interpretation 3 Rules for interpretation of the language used 3 Les regles d'interpretation suivantes in this By-law are contained in the lettered s'appliquent au present arrete 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, 2017 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 `[9L! a) Les titres, intertitres et numeros des dispositions ne servent qu'a faciliter la consultation de l'arrete et ne doivent pas servir a son interpretation. b) Le genre ou le hombre grammaticaux doivent etre adaptes au contexte. C) Les renvois legislatifs paraissent en italique. Ils visent les Lois revisees du Nouveau -Brunswick de 2017 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 The City of Saint John visent egalement les modifications qui s'y appliquent, y compris tout arrete de remplacement. d) Les obligations qu'il cree s' aj outent a celles decoulant d' autres arretes applicables de The City of Saint John ou des lois ou reglements federaux ou provinciaux applicables. e) Si une disposition quelconque est -5 - 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. (f) The schedule attached to this By- law is included in and shall be considered part of this By-law. Fees 4(1) The City of Saint John shall collect fees for fire protection services as described in Schedule A. declaree invalide par un tribunal competent pour quelque motif que cc soit, la decision n'entache en rien la validite de 1'arrete dans son ensemble ni de toute autre disposition. f) L' annexe j ointe au present arrete est incluse et Boit etre consideree comme faisant partie du present arrete. Droits 4(1) The City of Saint John per�oit des droits au titre des services de protection contre les incendies comme decrit a 1' annexe « A ». 4(2) A person shall pay the fees described in 4(2) Une personae paie les droits decrits a Schedule A. 1'annexe « A ». 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 June, A.D. 2018 and signed by: EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present ARRETE le juin 2018, avec les signatures suivantes : Mayor/Maire `Wee Common Clerk/Greffiere communale First Reading - Premiere lecture - Second Reading - Deuxieme lecture - Third Reading - Troisieme lecture - `Wee SCHEDULE "A" FEES — FIRE PROTECTION SERVICES Item Description Fees Fire Service Emergency Expenses or cost recovery for fire Response Activity department emergency response activity with respect to insured perils as identified in affected properties insurance policy Overtime Personnel Cost: • Management Employees Expenses as outlined in the management terms and conditions • Unionized Employees Expenses as outlined in the current collective agreement • Salvage Corp Cost for security Expenses to mobilize the Saint John Fire Police Salvage Corps for security of the scene Personnel Rehabilitation Cost: Incident cost related to providing nourishment to response crews Emergency Response Units: • Destroyed equipment Replacement cost less depreciation • Maintenance / Repair of equipment Actual cost of maintenance and / used at emergency incident or repair • Firefighter Gear - Complete 1/100 cost per hour per person Ensemble • Firefighter SCBA / Thermal Imager 1/100 cost per hour per person • Air Monitoring / Detection 1/100 cost per hour Equipment • Power tools / Hydraulic Equipment 1/100 cost per hour `191-1 -7 - ` IYA Materials Cost: • Water Rate as established per Saint John Water • Foam Replacement cost of used quantity • Plus any additional costs for each Cost specific to each incident and every incident Demolition Cost: • Raze fire damaged building per Cost associated with Growth & Community Development demolishing fire damage Services Department assessment building • Remove Debris Cost to remove and dispose of debris from fire damaged building ` IYA ANNEXE « A)> DROITS — SERVICES DE PROTECTION CONTRE LES INCENDIES Rubrique Description Droits Activite d'intervention Depenses ou recouvrement des coats d'urgence du Service associes aux activites d'intervention d'incendie d'urgence du Service d'incendie en ce qui a trait aux risques assurables tels qu'identifies dans la police d'assurance de la propriete concernee Coat associe an personnel qui effectue des heures supplementaires • Employes cadres Depenses comme prevues dans les modalites et conditions d'emploi des employes -cadres • Employes syndiques Depenses comme prevues dans la convention collective actuelle • Coat associe a la securite offerte par Depenses associees a la le corps de sauvetage mobilisation du Saint John Fire Police Salvage Corps pour assurer la securite des lieux Coat associe a la rehabilitation du Coat de 1'intervention associe a personnel : la nourriture offerte aux equipes d'intervention Unites des interventions d'urgence • Equipement detruit Coat de remplacement moires la depreciation • Entretien/reparation d'equipement Coat reel de 1'entretien ou de la utilise lors d'une intervention reparation d'urgence • Equipement de pompier — 1/100 du coat horaire par equipement complet personae Pompier APRA / imageur thermique 1/100 du coat horaire par personne `W-,] `[ole.] • Surveillance de fair/equipement de 1/100 du cont horaire detection • Outils electriques/equipement 1/100 du cont horaire hydraulique Cout des materiaux • Eau Taux tel qu'etabli par Saint John Water • Mousse Cout de remplacement de la quantite utilisee • Plus tout cont additionnel associe a Cout specifique associe a chaque chaque intervention intervention Cout de demolition : • Raser un edifice endommage par un Cout associe a la demolition incendie selon 1'evaluation du d'un edifice endommage par un Service la Croissance et du incendie Developpement communautaire • thminer les debris Cout associe au retrait et a 1'e1imination des debris provenant d'un edifice endommage par un incendie `[ole.] COUNCIL REPORT M&C No. 2018-179 Report Date June 08, 2018 Meeting Date June 18, 2018 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Demolition of vacant, dilapidated and dangerous building at 99-101 St. James Street (PID# 2733) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Rachel Van Wart A Poffenroth /J Hamilton Jeff Trail RECOMMENDATION Your City Manager recommends that Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, to arrange for the demolition of the building at 99-101 St. James Street (PID# 2733), in accordance with the applicable City purchasing policies. EXECUTIVE SUMMARY The purpose of this report is to advise Council that a Notice to Comply was issued under Part 13 of the Local Governance Act for the building at 99-101 St. James Street. The hazardous conditions outlined in the Notice have not been remedied by the owners within the required time frame and staff is looking for authorization from Council to arrange the demolition of the building. PREVIOUS RESOLUTION N/A REPORT Inspections of the property at 99-101 St. James Street, PID# 2733, have revealed there is one building on the premises; a three-storey, three unit apartment building. Staff first became aware of the property's vacancy in November 2014 when the property was vacated due to a Fire Marshal's Order. In addition, the Building was previously subject to the Minimum Property Standards Program. `sK -2 - The property is located in the City's South Peninsula in an urban center residential zone. The building is a hazard to the safety of the public by reason of being vacant, by reason of dilapidation and by reason of unsoundness of structural strength. For the reasons described in the attached Inspection Report, a Notice to Comply was issued on March 27, 2018 and was posted to the building on the same day as per section 132(3) of the Local Governance Act that outlines acceptable methods of service. The Certificate of Registered Ownership for the building lists two individuals as the registered owners. The Notice provided the owners with 60 days to remedy the conditions at the property. The owners did not take remedial action to comply with the requirements of the Notice; however they did file an appeal. The appeal hearing occurred on May 28, 2018 which resulted in the decision of the Saint John Substandard Properties Appeal Committee to uphold the terms dictated in the Notice to Comply. A copy of the Appeal Decision can be found attached within the Affidavit of Service. A compliance inspection was conducted on June 5, 2018 which revealed that the conditions which gave rise to the Notice have not changed since the Notice was issued. The building is listed for sale and has been for a number of months. Attached for Council's reference is the Notice to Comply that was issued and the affidavit attesting to service on the owner via posting. Also included are photographs of the building. The Local Governance 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 or unsoundness of structural strength, 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 buildings' vacancy, dilapidation, unsoundness of structural strength and resulting hazard to the safety of the public. A copy of the letter advising of the Common Council Hearing date and affidavit is attached; it was sent to encumbrances and owners via registered mail on June 5, 2018 and was personally served on the local property manager on June 6, 2018. Copies were also sent via email to the property owner, to which they acknowledged receipt. STRATEGIC ALIGNMENT Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law aligns with Council's Vibrant, Safe City priority. SERVICE AND FINANCIAL OUTCOMES As is written in the Local Governance Act that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior to starting demolition activities at the property. Total cost of the 111 -3 - demolition work is approximated at $15,000-$20,000 and will take about 2-4 weeks before it is complete. Staff will seek competitive bidding in accordance with the City's purchasing policy and the cost of the work will be billed to the property owner. If the bill is left unpaid, it will be submitted to the Province with a request for reimbursement. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Solicitor's Office provided ownership verification by obtaining the Certificate of Registered Ownership for the property. Additionally, the City Solicitor's Office registered the Notice to Comply with Service New Brunswick's Land Registry. ATTACHMENTS Notice to Comply and Inspection Report Affidavit of Posting - Notice to Comply Affidavit of Service - Appeal Decision and Notice of Common Council Hearing Letter Photos `KIK FORM 1 NOTICE TO COMPLY (Municipalities Act, R.S.N.B. 1973, c.M-22, s.190.01(3)) Parcel Identifier: 2733 Address: 99-101 St, James Street, Saint John, New Brunswick Owncr(s) or Occupier(s): Name: Kapil, Anita AVIS DE CONFORMITE (Loi sur les umunicipaxlites, L.R.N.-l3. de 1973, ch. M-22, par. 190.01(3)) Numnero d'identification de la parcelle : 2733 Adresse : 99-101, rue St. James, Saint John, Nouveau -Brunswick iProprietaire(s) ou occupant(s) : Nom : Kapil, Anita Address: 12398 Nicola. Street, Pitt Meadows, British Adresse : 12398, rue Nicola, Pitt Meadows, Columbia V3Y 2K8 Colombie-Britannique, V3Y 2K8 Name: Kapil, Pardeep Kumar Nom: Kapil, Pardeep Kumar Address: 12398 Nicola Street, Pitt Meadows, British Adresse : 12398, rue Nicola, Pitt Meadows, Columbia V3Y 21.8 Colombie-Britannique, V3Y 2K8 Municipality issuing notice: City of 'Saint John By-law contravened: Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, By- law Number M-30 and amendments thereto (the "By- law'"). Municipalite signifiant Pavis : City of Saint John. Arrete enfreint : Arrete relatifaux lieux inestheligues et aux b6timents et constructions dangereux de Saint John, Arr&6 numero M-30, ainsi quo ses modifications ci-afferentes (1' <(Arr6te »). Provision(s) contravened: Subsections 131(1), 131(2) Disposition(s) enfreinte(s) : Les paragraphes 131(1), and 131(3) of the Local Governance Act, S.N.B. 2017, 1.31(2) et paragraphe 131(3) de la Loi star la c. 18 and amendments thereto. gotavernance locale municipalWs, ainsi que les modifications aff6rentes. The Land Registry .Forms Regulation - Municipalities Act, New Brunswick Regulation 2007-22, which prescribes that a Notice to Comply shall be in Form 1, remains valid and continues to be in force pursuant to section 1.96 of the Local Governance Act. Description of condition(s): The premise is unsightly by permitting junk, rubbish, refuse and a dilapidated building to remain on the premise. The building has become a hazard to the safety of the public by reason of being vacant or unoccupied and has become a hazard to the safety of the public by reason of dilapidation and by reason of unsoundness of structural strength. The conditions of the building and premise are described in Schedule "A", a true copy of the inspection report dated March 26, 2018 prepared by Rachel Van Wart, EIT, By- law Enforcement Officer, reviewed and concurred in by Airy Poffenroth, P. Eng., By-law Enforcement Officer. Remedy or remedies required: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premises into compliance x6th the afnrPcaid By-law. Le Reglement star les formules du registre de bien- fonds — Loi sur les municipalites, Reglement 2007-22 du. Nouveau -Brunswick, qui prescrit qu'un avis de conformite doit etre etabli selon la formule 1, demeure valide et reste en vigueur on vertu de ]'article 1.96 de 1a Loi star to gouvernance locale. Description de la (des) condition(s) : Les lieux sont inesthetiques on permettant la presence de ferraille, do detritus et le batimnent delabre. Le batimnent est devenu dangereuse pour la securite du public du fait do son inhabitation ou de son inoccupation et est devenu dangereuse pour la securite du public du fait de son delabrement et du fait do rnanque de solidite. Les conditions du batiment et des lieux sent decrites a ]'annexe << A », une copic conforme du rapport d' inspection en date du 26 mars 2018.et prepare par Rachel Van. Wart, IS, une agente charge de 1'execution des arretes municipaux, revise et en d'accorde avec par Amy Poffenroth, ing., une agente charge de 1'execution des arretes municipaux. Mesure(s) a prendre : La proprietaire doit restaurer les conditions en se conformant aux recommandations du rapport d'inspection susmentionne ct d'amener le batiment et les lieux en conformnites avec 1'Arrdte. hazard to the safety of the public and the premises may represente un danger pour Ia securite du public et les be cleaned up. lieux pourront etre nettoyes. In the event of demolition, all debris and items on the premises will be disposed of as the corrective action to address the hazard to the safety of the public. The aforementioned remedial actions relating to the demolition of the building .and the disposal of debris and items on the premises do not include the carry -out clean- up, site rehabilitation, restoration of land, premises or personal property or other remedial action. in order to control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. Date by which the remedy or remedies must occur: i a) The demolition of the building, clean-up of the property and related remedies moist be complete, or plans and permit applications for repair related remedies, must be submitted: within 60 days of being served with the Notice to Comply. b) The repair related remedies must be complete within 120 days of being served with the Notice to Comply, Date by which notice may be appealed: Within 14 days of being served with the Notice to Comply. Process to appeal: The owner may within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City hall — 8t" Floor, 1.5 Market Square, Saint John, New Brunswick, E2L 411. Potential penalty for non-compliance within specified timer 'Subsection. 136(1) of the Local Governance Act states that a person who fails to comply with the terms of a Notice to Comply given under section 132 of the said Act, commits an offence that is punishable under fart 2 of the Provincial 6ffences Procedure pct as a category F offence. Where an offence under subsection 136(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 1.36(3) (b)(i). Dans 1'eventualite de demolition, tOLIS les debris et autres items sur les lieux scront disposes comme mesure corrective dans le but de remedier le danger pour Ia securite du public. Les mesures correctives susmentioniiees relativement A Ia demolition du batiment et 1a disposition des debris et autres items sur les lieux no comprennent pas le nettoyage, la remise on etat des lieux, des terrains ou des biens personnels ou toute autre mesure corrective dans le but de contr6ler ou de reduire, d'eliminer le deversement, de modifier le mode de deversement ou le deversement d'un polluant dans ou sur 1'environnement on toute partie de Penvironnement. Date a laquelle la on les mesures doivent etre priscso : a) La demolition du batiment et le nettoyage des lieux doivent etre completees, on a laquelle les plans et demande de permis pour les mesures des reparations, doivent etre soumises, dans les 60 jours qui suivent Ia signification de l'avis de conformite. b) Les reparations reliees aux mesures doivent etre completees dans les 120 fours qui suivent Ia signification de I'avis de conformite. Date A laquelle un appel de l'avis peut etre depose: Dans les 14 jours qui suivent la notification de l'avis de confonnite. Processus d'appel . La proprietaire peux dans les 14 jours qui suivent Ia notification de i'avis de conformite, envoye un avis d'appel par courri.er recommande a Ia greffiere communale de la municipalite, a The City of Saint John, edifice de 1'h6tel de ville, 8' etage, 15 Market Square, Saint John, Nouveau -Brunswick, E2L 4L1. Penalite possible pour non-conformite dans le delai prescritz : Le paragraphe 136(1) de la Loi sur la gouvernanee locale prevoit quiconque omet de se conformer aux exigences formulees dans un avis de conformite notifie aux termes de Particle 132 de ladite loi, commet une infraction qui est punissable on vertu de Ia partie 2 de la Loi sur la proc6dure applicable aux infractions provinciales a titre d' infraction de 1a classe F. L,orsq,u''une infraction prevue an paragraphe 136(1) se poursuit pendant plus dune journec, 1'amende minimale qui pout etre iunposee est l'amende minimale prevue par Ia Loi sur la procedure applicable arra infractions provinciales pour une infraction de la classe F multipliee par le nombre de fours pendant lesquels l'infraction se poursuit conformement a I'alinea 136(3)(b)(i). said Notice, the municipality may, cause the premises of that owner or occupier to be cleaned up or repaired, or cause the building or other structure of that owner or occupier to be repaired or demolished. Further, subsection 137(3) of the Local Governance Act states that the cost of carrying out such work, including any associated charge or fee, is chargeable to the owner or occupier and becomes a debt due to the local government. s" Dated at Saint John the day of March, 2018 Municipality: The City of 'Saint John Signature of Municipal Officer: d Municipal Officer's Contact information ]"Mame: Rachel Van Wart, ETT Mailing address: Growth. and Community Development Services The City of Saint John 15 Market Square City Hall Building, 10"' Floor R D. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: (506) 6:58-2911 'T'elecopier: (506) 632-6199 Email: c.el.vanwrt a saarlhn.ca:. Seal of municipality Notes: 1, All appropriate permits must be obtained and all relevant legislation must be complied with in the course of carrying out the required remedial action. 2. Payment of the fine does not alleviate the obligation to comply with the by-law, standard or notice to comply. 3. Costs become a debt due to the anunicipality and may be added to the joint municipal and provincial Real Property .Assessment and Tax Notice. l'avis donne tel que le prevoit ]'article 1.32, la municipalite peat faire nettoyer ou r6parer les lieux en question ou faire reparer ou demolir le bAtiment ou autre construction en question. De plus, le paragraphe 137(3) de la Loi sur la gouvernance locale stipule: que les coasts afferents a 1'execution des ouvrages, y compris toute redevance ou tout droit connexe, sunt rnis a la charge du proprietaire ou de ]'occupant et deviennent une cr6ance du gouvernement local. Fail A Saint John le mars, 2018. Municipalite : The City of Saint John Signature de la representante municipale: Coordonn6cs de la repr6sentante municipals: Nom: Rachel Van Wart, IS Adresse postale: Service de la Croissance et du Developpement Communautaire The City of Saint John 15 Market Square Edilflce de 6'h6tel de vi Ile, 1 Oe 6tage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 41,1 Telephone: (506) 658-2911 Telecopieur : (506) 632-6199 Courriel: rachel.vanw rt cr�saint°ollua..ra Sceau de la municipalite Notes : i. Tous les permis prescrits doivent etre obtenus et toute la 16gislation pertmente doit etre respect&, pendant 1'execution de is nnesure de recours. 2 Le paiement de 1'amendc W annule pas ']obligation de respecter Parreie, la norme ou 'l'avis de conformite. 3. Les coats deviennent une dette covers la municipalit6 et peuvent etre ajout6s h I'avis d'6valuation et d'imp6t Foncier municipal et provincial. 99-101 St. James Street Saint John, New Brunswick PID# 2733 Inspection Date: March 12, 2018 Inspections Conducted by: Rachel Van Wart, EIT Introduction thig —"day of _20LL, _�iqwds Officer Inspections of the property at 99401 St. James Street, PID# 2733, have revealed that there is one building on the premise (the "Building"); a three-storey, three -unit apartment building. Staff first became aware of the property's vacancy in November 2014 when the property was vacated due to a Fire Marshal's Order issued on November 6, 2014. In addition, the Building was previously subject to the Minimum Property Standards Program. The property is currently listed for sale and is located in the City's South Peninsula in an urban centre residential zone. The Building is a hazard to the safety of the public by reason of being vacant, by reason of dilapidation and by reason of unsoundness of structural strength. Discussion The Building is not in compliance with the Saint John Unsijzhtiv Premises and Unsightly Dangerous Buildings and Structures By-law, By-law Number M-30, and amendments thereto (the "By-law"). Unsightly Premise Conditions Subsection 131(1) of the Local Governance 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 property. These items include, but are not limited to; discarded wood with jagged pieces and protruding nails, a fallen set of stairs, a door, extension cords, a chair, and other various loose and bagged garbage. The aforementioned accumulation of junk, rubbish, and refuse is unsightly. 2. The Building is dilapidated. The Building's exterior cladding consists of wooden shingles that are peeling, missing and rotten in numerous locations. The fascia on the second storey is missing, creating a hole which pigeons have been noted to ,occupy on numerous inspections. The remaining front trim is rotten and deteriorating. There are 2x4s attached to the facade above the Juliet balcony on the front of the Building that was constructed without a building permit. In addition, there are 2x4s installed above the first storey window that are hanging. The front concrete stairs are cracked and deteriorated. The brick to the right of the stairs is loose and crumbling. The left side concrete stairs leading to the rear of the r) --- LA._ ___ -I-- --A 'rl,- 1__A4__ +_ +k- +1,,,A -A- 3. There is a wooden fence to the right rear of the Building. The white paint on the fence is peeling and is unsightly. Some boards of the fence are broken and show signs of rot. Vacant and Unoccupied Subsection 131(2) of the Local Governance Act states: No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of being vacant or unoccupied. The Building is a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: 1. Buildings that are in a dilapidated condition can attract vandalism, arson, or criminal activity, as well as pose a hazard to the safety of the public and devalue homes in the surrounding area. There are two police reports on file; the first dated July 2015 stating that women were entering the Building and the second dated April 25, 2017 stating that the front door had plywood ripped off and was open. In addition, the Building has been found open on a number of occasions and property management maintenance staff has found evidence of squatters on numerous occasions. The City of Saint John Finance department confirmed that the water has been turned off since May 2016. Saint John Energy confirmed that the power has been disconnected since October 2014. 2, There is a higher risk of a fire event occurring at the property since it is known to the public that the Building is vacant. The property neighbors a single dwelling unit at 97 St. James Street. If a fire event were to occur within the Building, it could spread to neighboring property which would cause significant damage to the Building and endanger the lives of the occupants. 3. There is a concern for emergency personnel safety in the event of an emergency. If firefighters suspect there may be people inside the Building, it would be reasonable to expect they may be required to enter it. The Saint John Fire Department vacated the Building in 2014 due to a number of fire -safety concerns. The March 12, 2018 interior inspection found numerous amounts of garbage and household items such as beds, tables, and chairs throughout the Building. These items and hazards could restrict movement of emergency personnel should they need to gain entry. The rear stairs leading to the second storey are in poor condition and could fail should emergency personnel attempt to use them. In addition, the staircase to the left of the Building, providing the exiting to the third floor unit, has been removed. Personnel may also be required to enter the basement which is partially finished creating narrow spaces leading from the front of the Building to the rear. Dilapidated Building Conditions Subsection 131(3) of the Local Governance Act states No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. injure pedestnans, including: wooden shingles, fascia, trim, the Juliet balcony and 2x4 members. The fascia on the second storey is missing, creating a hole which pigeons have been noted to occupy on numerous inspections. The pigeons could cause further deterioration causing wooden fascia to fall from the Building which could cause personal injury to pedestrians. The front and rear left side concrete stairs are both cracked and deteriorated which could cause a tripping hazard to anyone entering the Building or walking around the property. The brick to the right of the front concrete stairs is loose and crumbling. If the bricks were to fail they could fall near or onto the sidewalk which could cause a tripping hazard for pedestrians. The stairs at the rear of the Building are leaning as they do not have suitable foundation. Live load could cause failure or personal injury. The stairs on the left side of the Building are dilapidated and rotten with hanging wooden members with protruding nails. The bottom portion of the stairs has been removed and remains lying in an entrance to the basement, which is now blocked with a pile of discarded material. There are gaps in the landing with floor boards missing. These stairs are in close proximity to the property line and failure could result in injury to anyone who may be on the neighbouring property. 2. Interior Conditions: There are multiple holes in the ceilings and walls throughout the Building, exposing pipes and water damage, Paint is peeling from the walls and ceilings in many rooms throughout the Building. There is evidence of rodents in the Building. The basement is in a general state of dilapidation and decay with an accumulation of junk and garbage and water damage. The stairs leading to the basement are sloped with low head clearance. There is loose stone in portions of the foundation walls in the basement. There is also parging in numerous locations of the foundation walls which appears to be an attempt to repair. There are built up floors in a portion of the basement that are soft under load. Moisture is evident in the basement with black mold covering the drywall which is a respiratory hazard to those entering the Building. Structurally Unsound Building Conditions Subsection 131(3) of the Local Governance Act states No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. The Building is a hazard to the safety of the public by reason of unsoundness of structural strength for the following reasons: 1. The foundation of the Building is unsound in numerous locations. The brick foundation at the front right comer of the Building is structurally unsound and failing. On the right side wall of the basement the stone foundation is A+P'r4nrnf;"rx nvexllnrl ixr"Anxx7 n",,"nrrc T -n qe1A;4-in-n, fb,- fnivmAntinn of 2. The elevated moisture level in the basement can have negative effects on the structural integrity of the Building. Moisture can cause rot in wooden structural members and cause softening of other materials. Built up floors in a portion of the basement are soft under load. 3. The stairs at the rear of the Building are leaning as they do not have suitable foundation. Live load could cause failure or personal injury. 4. The stairs on the left side of the Building are structurally unsound and rotten with hanging wooden members with protruding nails. The bottom portion of the stairs has been removed and remains lying in an entrance to the basement, which is now blocked with a pile of discarded material. There are gaps in the landing with floor boards missing. These stairs are in close proximity to the property line and failure could result in injury to anyone who may be on the neighbouring property. 5. The Juliet balcony at the front of the Building was not constructed to code and is hazardous if live load is applied. In addition, if failure occurs it would fall onto the sidewalk injuring pedestrians. Required Remedial Actions The owner must comply with one of the two options stated below: Option 1: Remedy the conditions of the Building through all repair and remedial actions as follows: 1. The Building must be must be completely repaired to remedy the above mentioned hazards to public safety while meeting the requirements of the National Building Code of Canada (2 010) as well as all other applicable by-laws. aws. 2, The Building must be maintained, kept secure, and monitored on a routine basis while the property remains vacant or unoccupied. 3. A detailed plan must be submitted to the Growth and Community Development Services Department of the City of Saint John (the "Department") for review and approval. The plan should also include a schedule for the work that is to be carried out. The repaired Building must meet the National Building Code of Canada (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 John in order to comply with the Saint John Building By-law, By-law Number C.P. 102 and amendments thereto (the "Saint John Building By-law"). 6. The premise must be cleared of all debris found on the property, including any and all rubbish that may be considered hazardous or unsightly. The debris from the premise must be disposed of at an approved solid waste disposal site, in accordance with all applicable by-laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. The premise must comply with all applicable By-laws, Acts, Codes and Regulations. 2. A demolition permit must be obtained from the City of Saint John in order to comply with the Saint John Building By-law. 3. The premise must be cleared of the debris from the demolition and the lot must be made reasonably level with grade so as to not create a tripping or falling hazard. All debris must be disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, Acts and Regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 4. All debris that is currently on the premise must be removed and disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, Acts and Regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. S. The property must be in compliance with all applicable By-laws, Acts and Regulations. Prepared by: Rachel Van Wart, EIT Technical Services Officer Growth and Community Development Services Reviewed by and concurred in by: L4L� Amy PoffenroW, P. Eng., MBA Building Inspector Deputy Commissioner Growth and Community Development Services Mo r6k 112,71 2�) Date I Date Mo r6k 112,71 2�) Date I CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN IN THE MATTER OF THE BUILDING THAT IS LOCATED AT SAINT JOHN, N.B. (PID number AFFIDAVIT OF SERVICE of Saint John, N.B., Make Oath And Say As Follows: 1. 1 am employed by The City of Saint John in its Growth and Community Development Services Department. I have personal knowledge of the matters herein deposed except where otherwise stated. 2. On at approximately I posted a copy of the attached Notice to Comply, marked Exhibit -A" and Notice of Appeal, marked Exhibit "B" to the front door of the building that is located at C Saint John, N.B. Sworn To before me at the City of Saint John, N.B., on the 21,44- day of 2018 kACHEL A VAN WART COMMISSIONER OF OATFZ MY COMMISSION EXPIRES 121 DECEMBER 31 ST ..2022 roc V Vryt. 4 FORM 1 FORMULE 1 amml er at 4�a#i7s NOTICE TO COMPLY AVIS DE CONFORMITE (Municipalities Act, R.SN.B. 1973, (Loi sur les municipalites, L.R.N.-B. de 1973, c.M-22, s.190.01(3)) ch. M-22, par. 190.01(3)) Parcel Identifier: 2733 Numero d'identification de la parcelle : 2733 Address: 99-101 St. James Street, Saint John, New Brunswick Owner(s) or Occupier(s): Name: Kapil, Anita Adresse: 99-101, rue St. James, Saint John, Nouveau -Brunswick Proprietaire(s) on occupant(s) : Nom: Kapil, Anita Address: 12398 Nicola Street, Pitt Meadows, British Adresse : 12398, rue Nicola, Pitt Meadows, Columbia V3Y 2K8 Colombie-Britannique, V3Y 2K8 Name: Kapil, Pardeep Kumar Nom: Kapil, Pardeep Kumar Address: 12398 Nicola Street, Pitt Meadows, British Adresse : 12398, rue Nicola, Pitt Meadows, Columbia V3Y 2K8 Colombie-Britannique, V3Y 2K8 Municipality issuing notice: City of Saint John By-law contravened: Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, By- law Number M-30 and amendments thereto (the `By- law"). Municipalite signifiant l'avis : City of Saint John Arrete enfreint : Arrete relatif aux lieux inesthetiques et aux bdtiments et constructions dangereux de Saint John, Arrete numero M-30, ainsi que ses modifications ci-afferentes (1' « Arrete »). Provision(s) contravened: Subsections 131(1), 131(2) Disposition(s) enfreinte(s) : Les paragraphes 131(1), and 131(3) of the Local Governance Act, S.N.B. 2017, 131(2) et paragraphe 131(3) de la Loi sur la c. 18 and amendments thereto. gouvernance locale municipalites, ainsi que les modifications afferentes. The Land Registry Forms Regulation - Municipalities Act, New Brunswick Regulation 2007-22, which prescribes that a Notice to Comply shall be in Form 1, remains valid and continues to be in force pursuant to section 196 of the Local Governance Act. Description of condition(s): The premise is unsightly by permitting junk, rubbish, refuse and a dilapidated building to remain on the premise. The building has become a hazard to the safety of the public by reason of being vacant or unoccupied and has become a hazard to the safety of the public by reason of dilapidation and by reason of unsoundness of structural strength. The conditions of the building and premise are described in Schedule "A", a true copy of the inspection report dated March 26, 2018 prepared by Rachel Van Wart, EIT, By- law Enforcement Officer, reviewed and concurred in by Amy Poffenroth, P. Eng., By-law Enforcement Officer. Remedy or remedies required: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premises into compliance Le Reglement sur les formules du registre de bien- fonds — Loi sur les municipalites, Reglement 2007-22 du Nouveau -Brunswick, qui prescrit qu'un avis de conformite doit etre etabli selon la formule 1, demeure valide et reste en vigueur en vertu de Particle 196 de la Loi sur la gouvernance locale. Description de la (des) condition(s) : Les lieux sont inesthetiques en permettant la presence de ferraille, de detritus et le batiment delabre. Le batiment est devenu dangereuse pour la securite du public du fait de son inhabitation ou de son inoccupation et est devenu dangereuse pour la securite du public du fait de son delabrement et du fait de manque de solidite. Les conditions du batiment et des lieux sont decrites a 1'annexe « A >>, une copie conforme du rapport d'inspection en date du 26 mars 2018 et prepare par Rachel Van Wart, IS, une agente charge de 1'execution des arretes municipaux, revise et en d'accorde avec par Amy Poffenroth, ing., une agente charge de 1'execution des arretes municipaux. Mesure(s) a prendre : La proprietaire doit restaurer les conditions en se conformant aux recommandations du rapport d'inspection susmentionne et d'amener le batiment et les lieux en conformites avec 1'Arrete. hazard to the safety of the public and the premises may represente un danger pour la securite du public et les be cleaned up. lieux pourront etre nettoyes. In the event of demolition, all debris and items on the premises will be disposed of as the corrective action to address the hazard to the safety of the public. The aforementioned remedial actions relating to the demolition of the building and the disposal of debris and items on the premises do not include the carry -out clean- up, site rehabilitation, restoration of land, premises or personal property or other remedial action in order to control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. Date by which the remedy or remedies must occur: t a) The demolition of the building, clean-up of the property and related remedies must be complete, or plans and permit applications for repair related remedies, must be submitted: within 60 days of being served with the Notice to Comply. b) The repair related remedies must be complete within 120 days of being served with the Notice to Comply. Date by which notice may be appealed: Within 14 days of being served with the Notice to Comply. Process to appeal: The owner may within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall — 8th Floor, 15 Market Square, Saint John, New Brunswick, E2L 4L1. Potential penalty for non-compliance within specified time:2 Subsection 136(1) of the Local Governance Act states that a person who fails to comply with the terms of a Notice to Comply given under section 132 of the said Act, commits an offence that is punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence. Where an offence under subsection 136(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 136(3) (b)(i)• Dans 1'eventualite de demolition, tous les debris et autres items sur les lieux seront disposes comme mesure corrective dans le but de remedier le danger pour la securite du public. Les mesures correctives susmentionnees relativement A la demolition du batiment et la disposition des debris et autres items sur les lieux ne comprennent pas le nettoyage, la remise en etat des lieux, des terrains ou des biens personnels ou toute autre mesure corrective dans le but de controler ou de reduire, d'eliminer le deversement, de modifier le mode de deversement ou le deversement d'un polluant dans ou sur 1'environnement ou toute partie de Penvironnement. Date i laquelle la on les mesures doivent etre prisesi : a) La demolition du batiment et le nettoyage des lieux doivent etre completees, ou a laquelle les plans et demande de permis pour les mesures des reparations, doivent etre soumises, dans les 60 jours qui suivent la signification de Pavis de conformite. b) Les reparations reliees aux mesures doivent etre completees dans les 120 jours qui suivent la signification de Pavis de conformite. Date a laquelle un appel de 1'avis peut etre depose: Dans les 14 jours qui suivent la notification de Favis de conformite. Processus d'appel : La proprietaire peux dans les 14 jours qui suivent la notification de Favis de conformite, envoye un avis d'appel par courrier recommande a la greffiere communale de la municipalite, a The City of Saint John, Edifice de PhStel de ville, 8` etage, 15 Market Square, Saint John, Nouveau -Brunswick, E2L 4L1. Penalite possible pour non-conformite dans le delai prescrit2 : Le paragraphe 136(1) de la Loi sur la gouvernance locale prevoit quiconque omet de se conformer aux exigences formulees dans un avis de conformite notifie aux termes de Particle 132 de ladite loi, commet une infraction qui est punissable en vertu de la partie 2 de la Loi sur la procedure applicable aux infractions provinciales a titre d'infraction de la classe F. Lorsqu'une infraction prevue au paragraphe 136(1) se poursuit pendant plus d'une journee, Famende minimale qui peut etre imposee est Pamende minimale prevue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipliee par le nombre de jours pendant lesquels l'infraction se poursuit conformement a Palinea 136(3)(b)(i). said Notice, the municipality may, cause the premises of that owner or occupier to be cleaned up or repaired, or cause the building or other structure of that owner or occupier to be repaired or demolished. Further, subsection 137(3) of the Local Governance Act states that the cost of carrying out such work, including any associated charge or fee, is chargeable to the owner or occupier and becomes a debt due to the local government. -t$- Dated at Saint John the day of March, 2018. Municipality: The City of Saint John Signature of Municipal Officer: i Municipal Officer's Contact information: Name: Rachel Van Wart, ETT Mailing address: Growth and Community Development Services The City of Saint John 15 Market Square City Hall Building, 10'h Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: (506) 658-2911 Telecopier: (506) 632-6199 Email: rachel.vanwartaa-,si! n ohn.ca Seal of municipality Notes: 1. All appropriate permits must be obtained and all relevant legislation must be complied with in the course of carrying out the required remedial action. 2. Payment of the fine does not alleviate the obligation to comply with the by-law, standard or notice to comply. 3. Costs become a debt due to the municipality and may be added to the joint municipal and provincial Real Property Assessment and Tax Notice. Favis donne tel que le prevoit Particle 132, la municipalite peut faire nettoyer ou reparer les lieux en question ou faire reparer ou demolir le batiment ou autre construction en question. De plus, le paragraphe 137(3) de la Loi sur la gouvernance locale stipule que les couts afferents a 1'execution des ouvrages, y compris toute redevance ou tout droit connexe, sont mis a la charge du proprietaire ou de 1'occupant et deviennent une creance du gouvernement local. Fait a Saint John le _ mars, 2018 Municipalite : The City of Saint John Signature de la representante municipale: Coordonnees de la representante municipale : Nom: Rachel Van Wart, IS Adresse postale: Service de la Croissance et du Developpement Communautaire The City of Saint John 15 Market Square Edifice de Fh6tel de ville, l0e etage Case postale 1971 Saint John (Nouveau -Brunswick) E21, 4L1 Telephone: (506) 658-2911 Telecopieur : (506) 632-6199 Courriel: rachel.vanwartna,saintjohn.ca Sceau de la municipalite Notes : 1. Tous les permis prescrits doivent etre obtenus et toute la legislation pertinente doit etre respectee, pendant 1'execution de la mesure de recours. 2. Le paiement de 1'amende n'annule pas l'obligation de respecter I'arrete, la norme ou 1'avis de conformite. 3. Les coins deviennent une dette envers la municipalite et peuvent etre ajoutes a 1'avis d'evaluation et d'imp6t foncier municipal et provincial. 99-101 St. James Street Saint John, New Brunswick PID# 2733 Inspection Date: March 12, 2018 Inspections Conducted by: Rachel Van Wart, EIT Introduction this2524- 20/9. trr3s Officer Inspections of the property at 99-101 St. James Street, PID# 2733, have revealed that there is one building on the premise (the "Building"); a three-storey, three -unit apartment building. Staff first became aware of the property's vacancy in November 2014 when the property was vacated due to a Fire Marshal's Order issued on November 6, 2014. In addition, the Building was previously subject to the Minimum Property Standards Program. The property is currently listed for sale and is located in the City's South Peninsula in an urban centre residential zone. The Building is a hazard to the safety of the public by reason of being vacant, by reason of dilapidation and by reason of unsoundness of structural strength. Discussion The Building is not in compliance with the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, By-law Number M-30, and amendments thereto (the "By-law"). Unsightly Premise Conditions Subsection 131(1) of the Local Governance 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 property. These items include, but are not limited to; discarded wood with jagged pieces and protruding nails, a fallen set of stairs, a door, extension cords, a chair, and other various loose and bagged garbage. The aforementioned accumulation of junk, rubbish, and refuse is unsightly. 2. The Building is dilapidated. The Building's exterior cladding consists of wooden shingles that are peeling, missing and rotten in numerous locations. The fascia on the second storey is missing, creating a hole which pigeons have been noted to occupy on numerous inspections. The remaining front trim is rotten and deteriorating. There are 2x4s attached to the facade above the Juliet balcony on the front of the Building that was constructed without a building permit. In addition, there are 2x4s installed above the first storey window that are hanging. The front concrete stairs are cracked and deteriorated. The brick to the right of the stairs is loose and crumbling. The left side concrete stairs leading to the rear of the 3. There is a wooden fence to the right rear of the Building. The white paint on the fence is peeling and is unsightly. Some boards of the fence are broken and show signs of rot. Vacant and Unoccupied Subsection 131(2) of the Local Governance Act states: No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of being vacant or unoccupied. The Building is a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: 1. Buildings that are in a dilapidated condition can attract vandalism, arson, or criminal activity, as well as pose a hazard to the safety of the public and devalue homes in the surrounding area. There are two police reports on file; the first dated July 2015 stating that women were entering the Building and the second dated April 25, 2017 stating that the front door had plywood ripped off and was open. In addition, the Building has been found open on a number of occasions and property management maintenance staff has found evidence of squatters on numerous occasions. The City of Saint John Finance department confirmed that the water has been turned off since May 2016. Saint John Energy confirmed that the power has been disconnected since October 2014. 2. There is a higher risk of a fire event occurring at the property since it is known to the public that the Building is vacant. The property neighbors a single dwelling unit at 97 St. James Street. If a fire event were to occur within the Building, it could spread to neighboring property which would cause significant damage to the Building and endanger the lives of the occupants. 3. There is a concern for emergency personnel safety in the event of an emergency. If firefighters suspect there may be people inside the Building, it would be reasonable to expect they may be required to enter it. The Saint John Fire Department vacated the Building in 2014 due to a number of fire -safety concerns. The March 12, 2018 interior inspection found numerous amounts of garbage and household items such as beds, tables, and chairs throughout the Building. These items and hazards could restrict movement of emergency personnel should they need to gain entry. The rear stairs leading to the second storey are in poor condition and could fail should emergency personnel attempt to use them. In addition, the staircase to the left of the Building, providing the exiting to the third floor unit, has been removed. Personnel may also be required to enter the basement which is partially finished creating narrow spaces leading from the front of the Building to the rear. Dilapidated Building Conditions Subsection 131(3) of the Local Governance Act states No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. T1_ T •1 1• injure pedestrians, including: wooden shingles, fascia, trim, the Juliet balcony and 2x4 members. The fascia on the second storey is missing, creating.a hole which pigeons have been noted to occupy on numerous inspections. The pigeons could cause further deterioration causing wooden fascia to fall from the Building which could cause personal injury to pedestrians. The front and rear left side concrete stairs are both cracked and deteriorated which could cause a tripping hazard to anyone entering the Building or walking around the property. The brick to the right of the front concrete stairs is loose and crumbling. If the bricks were to fail they could fall near or onto the sidewalk which could cause a tripping hazard for pedestrians. The stairs at the rear of the Building are leaning as they do not have suitable foundation. Live load could cause failure or personal injury. The stairs on the left side of the Building are dilapidated and rotten with hanging wooden members with protruding nails. The bottom portion of the stairs has been removed and remains lying in an entrance to the basement, which is now blocked with a pile of discarded material. There are gaps in the landing with floor boards missing. These stairs are in close proximity to the property line and failure could result in injury to anyone who may be on the neighbouring property. 2. Interior Conditions: There are multiple holes in the ceilings and walls throughout the Building, exposing pipes and water damage. Paint is peeling from the walls and ceilings in many rooms throughout the Building. There is evidence of rodents in the Building. The basement is in a general state of dilapidation and decay with an accumulation of junk and garbage and water damage. The stairs leading to the basement are sloped with low head clearance. There is loose stone in portions of the foundation walls in the basement. There is also parging in numerous locations of the foundation walls which appears to be an attempt to repair. There are built up floors in a portion of the basement that are soft under load. Moisture is evident in the basement with black mold covering the drywall which is a respiratory hazard to those entering the Building. Structurally, Unsound Building Conditions Subsection 131(3) of the Local Governance Act states No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. The Building is a hazard to the safety of the public by reason of unsoundness of structural strength for the following reasons: 1. The foundation of the Building is unsound in numerous locations. The brick foundation at the front right corner of the Building is structurally unsound and failing. On the right side wall of the basement the stone foundation is 2. The elevated moisture level in the basement can have negative effects on the structural integrity of the Building. Moisture can cause rot in wooden structural members and cause softening of other materials. Built up floors in a portion of the basement are soft under load. 3. The stairs at the rear of the Building are leaning as they do not have suitable foundation. Live load could cause failure or personal injury. 4. The stairs on the left side of the Building are structurally unsound and rotten with hanging wooden members with protruding nails. The bottom portion of the stairs has been removed and remains lying in an entrance to the basement, which is now blocked with a pile of discarded material. There are gaps in the landing with floor boards missing. These stairs are in close proximity to the property line and failure could result in injury to anyone who may be on the neighbouring property. 5. The Juliet balcony at the front of the Building was not constructed to code and is hazardous if live load is applied. In addition, if failure occurs it would fall onto the sidewalk injuring pedestrians. Required Remedial Actions The owner must comply with one of the two options stated below: Option 1: Remedy the conditions of the Building through all repair and remedial actions as follows: 1. The Building must be must be completely repaired to remedy the above mentioned hazards to public safety while meeting the requirements of the National Building Code of Canada (2010) as well as all other applicable by-laws. 2. The Building must be maintained, kept secure, and monitored on a routine basis while the property remains vacant or unoccupied. 3. A detailed plan must be submitted to the Growth and Community Development Services Department of the City of Saint John (the "Department") for review and approval. The plan should also include a schedule for the work that is to be carried out. The repaired Building must meet the National Building Code of Canada (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 John in order to comply with the Saint John Building By-law, By-law Number C.P. 102 and amendments thereto (the "Saint John Building By-law"). 6. The premise must be cleared of all debris found on the property, including any and all rubbish that may be considered hazardous or unsightly. The debris from the premise must be disposed of at an approved solid waste disposal site, in accordance with all applicable by-laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. The premise must comply with all applicable By-laws, Acts, Codes and Regulations. 2. A demolition permit must be obtained from the City of Saint John in order to comply with the Saint John Building By-law. 3. The premise must be cleared of the debris from the demolition and the lot must be made reasonably level with grade so as to not create a tripping or falling hazard. All debris must be disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, Acts and Regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 4. All debris that is currently on the premise must be removed and disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, Acts and Regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 5. The property must be in compliance with all applicable By-laws, Acts and Regulations. Prepared by: Rachel Van Wart, EIT Dale Technical Services Officer Growth and Community Development Services Reviewed by and concurred in by: Amy PoffenroG, P. Eng., MBA Building Inspector Deputy Commissioner Growth and Community Development Services Ma rck #Z.7, 20 C f3 Date (Municipalities Act, K.S.N.B. sur.les municipalites, L.R.N.-B. de 1973, c. M-22, s.190.021(1)) "O. M i sioner of bathe ch. M-22, par. 190.021(1)) File No.: 1 -0.191 OUT 2140 Appellant(s), -and- THE CITY OF SAINT JOHN, Respondent. Parcel Identifier: PID # Parcel Address: Owner(s) or Occupier(s): Name: Address: Telephone: Name: Address: Telephone: N° du dossier: ENTRE: Appelant(s), - et - THE CITY OF SAINT JOHN, Intimae. Numdro d'identification de la parcelle : # NID Adresse de la parcelle : Propridtaire(s) ou occupant(s) Nom: Adresse Tdldphone: Nom: Adresse Tdldphone: that has been given under section 190.011 of the Municipalities Act and appeals to the Saint John Substandard Properties Appeal Committee. The appellant's grounds for this appeal are as follows (set out the grounds clearly but briefly): Dated at 2018. Favis qui a ete notifie aux termes de Particle 190.011 de la Loi sur les municipalites et fait appel au Comite d'appel des proprietes inferieures aux normes de Saint John. Les motifs d'appel de 1'appelant(s) dans le present appel sont les suivants (enoncer les motifs de faVon claire et concise) : the day of Fait a Signature of owner or occupier The appellant(s) intends to proceed in the English or French language (Please check the appropriate box). Please forward your Notice of Appeal by registered mail to the clerk of The City of Saint John within fourteen (14) days after having been given the notice at the following address: Common Clerk's Office 15 Market Square, City Hall Building, 8t' Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: 506-658-2862 Telecopier: 506-674-4214 le 2018. Signature du proprietaire ou Foccupant L'appelant(s) a (ont) Fintention d'utiliser la langue frangaise ou anaise (Veuillez cocher la case appropriee). Veuillez faire parvenir votre Avis d'appel par courrier recommande au secretaire de The City of Saint John dans les quatorze (14) jours qui suivent la notification de l'avis d Vadresse suivante : Bureau du greffier communal 15 Market Square, Edifice de Fh6tel de ville, 8e etage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L1 Telephone: 506-658-2862 Te16copieur: 506-674-4214 Notes: Notes : may be represented by counsel. 3. On an appeal, the Saint John Substandard Properties Appeal Committee may confirm, modify or rescind the notice or extend the time for complying with the notice. 4. The Saint John Substandard Properties Appeal Committee shall provide a copy of its decision to the owner(s) or occupier(s) of the premises, building or structure who brought the appeal within fourteen 04) days after making its decision. 5: The owner(s) or occupier(s) provided with a copy of a decision from the Saint John Substandard Properties Appeal Committee may appeal the decision to a judge of The Court of Queen's Bench of New Brunswick within fourteen (14) days after the copy of the decision was provided to the owner(s) or occupier(s) on the grounds that (a) the procedure required to be followed by the Municipalities Act was not followed, or (b) the decision is patently unreasonable. (ont) le droit d'etre entendu(s)1 et peut(vent) se faire representer par un avocat. 3. Lors dun appel, le Comite d'appel des proprietes inferieures aux normes de Saint John peut confirmer, modifier ou annuler 1'avis ou proroger le delai pour s'y conformer. 4. Le Comite d'appel des proprietes inferieures aux normes de Saint John doit fournir une copie de sa decision au(x) proprietaire(s) ou a 1'occupant(s) des lieux, du batiment ou de la construction qui lui a(ont) interjete appel dans les quatorze (14) jours suivant la date a laquelle it a rendu sa decision. 5. Le(s) proprietaire(s) ou 1'occupant(s) a qui une copie d'une decision a ete fournie par le Comite d'appel des proprietes inferieures aux normes de Saint John peut(vent), dans les quatorze (14) jours qui suivent, inter eter appel de la decision devant un juge de la Cour du Banc de la Reine du Nouveau -Brunswick au motif que (a) la demarche a suivre en vertu de la Loi sur des municipalites n'a pas ete suivie, ou (b) la decision est manifestement deraisonnable. 00151112 1 VA I to I a L".1 110 1 )1, VR,rl'Ae"-- of the City of Saint John in the County of IN•0-1990-vm On the �2�day of ,)b---1) 2018,1 mailed: 0 a Cover letter, annexed hereto marked Exbibit "A", 0 a Notice of Common Council Hearing Letter, annexed hereto marked Exhibit "B", and ® a Decision of the Saint John Substandard properties Appeal Committee, annexed hereto marked Exhibit "C", to at 12,316" by registered mail. I addressed the envelope, placed the document in the envelope, sealed the envelope and took it to the mail room, 12th Floor City Hall. I added the required postage and placed the envelope in the box for pickup by Canada Post. The tracking number is Sworn To before me at the City of Saint John, N.B., on the 8,4` day of I -] ia� t"I.C11 ,2018 RACHEL A VAN WART COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEMBER 31ST 2022 133 Case Number: 13-571 12398 Nicola Street Pitt Meadows, BC V3Y 2K8 Dear Sir/Madam: Buildings and Inspection Services / Services d'inspection et des bitiments Phone / T61: (506) 658-2911 Fax / T61kc. (506) 632-6199 " This Is Exhibit 14 fl Referred to In the Affidavit of Sworn before me at ft Cft• y of Saint John, Now Bnmewick the 'day of Commissioner of Oaths XE: Property located at 99-101 St. James Street, PID#27-1, Please find enclosed a copy of the Decision of the Saint John Substandard Properties Appeal Committee dated May 31, 2018 by Cheryl Johnson with respect to your property located at 99-101 St. James Street, Saint John, N& In addition, please find enclosed a Notice of Common Council Hearing Letter dated June 5,2018. Regards, Rachel Van Wart, EIT Standards Officer C. Jeff Murray, Canada Homes for Rent via Process Server www.saintjohn.ca 134 un�1 Case Number: 13-571 Anita & Pardeep Kapil 12398 Nicola Street Pitt Meadows, BC V3Y 2K8 Dear Sir/Madam: Buildings and Inspection Services / Services d'inspection et des bfitiments Phone / T61: (506) 658-2911 Fax / T616c: (506) 632-6199 This is Exhibit 0 j� " F�100MW to In the AffideAtDt .2 SWOM be—fo—re — Saint John0f , New arunswick the day LL ciml—M-1 MOW RE: Property located at 99-101 St. James Street, PID #2733 Dangerous and Vacant Building Program On March 27, 2018, a Notice to Comply was issued for the above mentioned property which required remedial action to bring the building and premises into compliance with the Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law. The Notice to Comply was posted to the building on March 27, 2018 and served on April 5, 2018. A Notice of Appeal was filed on April 20, 2018. On May 28, 2018 a Substandard Properties Appeal Committee Hearing was held. The decision of the hearing is as follows: The Notice to Comply, dated March 27`h, 2018 pertaining to PID 2 733 is confirmed in all respects and the Appellant is required to complete the necessary remedial work to bring the property into compliance with the Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, By -Law Number M-30 within the time frames set out therein. Therefore, a compliance inspection was conducted on June 5, 2018. The property was not in compliance with the aforesaid By-law at the time of the inspection, therefore, City Staff will be attending the Common Council meeting scheduled on June 18, 2018 at 6:OOPM to recommend that the building be demolished. Please be advised that at this meeting, you will have the opportunity to present evidence to the contrary. Buildings and Inspection Services / Services d'inspection et des bfitiments Phone/ Tel® (506) 658-2911 Fax / T06c: (506) 632-6199 w =-. Rachel Van Wart, ETT Technical Services Officer WIN 1191.1 This is Exhibit Referred to in the Affidevit rf &Norn before me at the City o Sasnt 4ohn, New 8nmewick the day ofCOC aLl FILE: 2018-1 COMMIssloner of IN THE MATTER OF AN APPEAL with respect to sections 131(l),131(2) and 131(3) of the Local Governance Act, SNB, 2017, C. 18 and the Saint John Unsightly Premises and Dangerous Buildings and Structures Byaw, By -Law Number M-30 -L 8�11 �� I 1 �� rY 1r iG %1 ,'' ill Re: Parcel Identifier Number: 273 3 0 Parcel Address: 99-101 St. James Street, John, Owners: Anita Kapil and Pardeep Kumar Kalz Parties Present: Appellant: Jeff Murray, from Canada Homes for Rent Inc., agent appearing on behalf of the Appellant Respondent: Rachel Van Wart, EIS', Technical Services Officer/Municipal Officer on behalf of the City of Saint John i 19YA -l- November2014 the City sent the owners a First Notice informing them that the Building was hazardous and vacant and that the hazardous condition needed to be remedied otherwise a Notice to Comply might issue (Exhibit "3.0l'), The owners were advised to contact the City. 8. On May l 2017 the City sent the owners a Second Notice informing them that the Building was hazardous and vacant and that the hazardous condition needed to be remedied otherwise a Notice to Comply mi,--Jat issue fExhibit "3,02:�(,. The owners were again advised to contact the City. 9. The Inspection Report dated March 27th, 2018 indicates that the property is not in compliance with the Saint John Unsi LAW- tl- niL By -Law, By -Law Number M-30, for a number of reasons, namely: That the condition of the premises is unsightly arising from the accumulation of junk, rubbish and refuse on the property, by the dilapidated condition of the exterior of the building and the poor condition of the wooden fence to the right rear of the building. b) That the Building is a hazard to the safety of th"pa ason of being vacant or unoccupied as it can attract vandalism, arson or criminal activity, There have been police reports of people entering the building and evidence of squatters. Waterhas been turned off since May 2016 and power disconnected since October 2014. It is believed that it poses a higher risk of fire hazard because it is known to be vacant and that if a fire event occurred it could easily spread to adjoining properties. There is also a concern for the safety of emergency personnel in the event of a fire given the poor condition of the Building and the numerous amounts of household items and garbage scattered throughout c) That the Building is a hazard to the safety of the public by reason of dilapidation both inside and outside. Various building materials are deteriorated on the exterior of the Building that could fall and injure pedestrians. Fascia is missing, creating holes for animals to enter which can lead to further deterioration of the Building, Concrete stairs are cracked and deteriorated, bricks are crumbling, some stairs are leaning and without suitable foundation, some stairs were describef as rotten with hanging wood members and protruding nails, etc. On the inside there are multiple holes in the ceilings and walls, exposed pipes, peeling paint, water damage and evidence of rodent activity. The basement is described to be in a general state of dilapidation and decay as it is filled with accumulated junk and garbage, sloped stairs leading to the basement, loose stone in portions of the foundation, parging in various areas of the walls, floors being soft under load and evidence of black mold. d) That the Building is a hazard to the safety of the public by reason of unsoundness of structural strength. The foundation and stairs appear to be unsound in a number of locations as more particularly specified in the report. There is concern that the elevated moisture levels in the basement can also negatively impact the structural —2- 139 integrity of the Building over time as it can lead to rot and softening of various materials. There is concern that the Juliet balcony at the ftont of the building is not in compliance with code and is hazardous if live load is applied. 10. The Notice to Comply stipulates that the property owners are to remedy the property in accordance with the provisions set out in the Inspection Report and bring the building and premises into compliance with the aforesaid By-law, Essentially two options were set out in the Inspection Report, namely, remedy the conditions of the Building through repair and remedial actions or demolish the Building and cleanup all debris on the premises by complying with the remedial action as specified therein, Both options stipulate that the owners are required to comply with all applicable By-laws, Acts, Codes and Regulations when carrying out the work including obtaining any necessary pennits. If the owners choose to demolish the Building they have 60 days following the service of the Notice to Comply to complete all the necessary work. If the owners wish to ref air and rer*=4% t A U WM F17 M ON! MUM RUNM '010 VY CLA, ufff 79"U" OrTo 4,1711c, 7 UUM 7 ef aic IN ofice to Comply oy reprstered mail (April 5h, 2018), notwithstanding that the service of the said document was deemed valid the date it was posted on the Building (March 27"', 2018). 11. The Appellant's grounds of appeal are set forth in his Notice of Appeal as follows: 1) F ind Another Buyer & Sell It 2) Enter Property Into City Ma, hing Isic] Investor Program 3) Get Quote To Renovate it 4) Demolish The Structure & Comply HIM City Order 12. The property is located in a central urban residential zone in the City's South Peninsula, it is close to an elementary school, Rainbow Park and Queen's Park. Itisahigb densityarea and the condition of the Bung and property are clearly visible by abutting landowners and other neighbours. There are a number of vehicles and pedestrians passing by it on a daily basis. Not all items listed in the Inspection Report are visible ftom every location along the street. 13. Mr. Murray testified that Mr. and Mrs. Kapil keep their otber three properties in the City in a good state of repair. They have worked with the City to address any issues raised in regards to the condition of the buildings on those properties. He stated that the owners effectively ran out of on the subject property. All four properties are listed for sale. The subject property has been on the market for the last 9 months. 14. The City introduced into evidence a. series of 19 aerial and inspection photographs of the subject property (Exhibit"3, 10") taken at different periods in time that clearly illustrate the unsightly and dilapidated condition of the Building and premises, The evidence of the City is that the pictures accurately reflect the condition of the Building and property at the time of each inspectiM'. Mr. Murray took no issue with the photographs. 15. Ms. Van Wart stated that the City has already given the property owners a longer period to comply than it would normally allow. The Respondent is requesting that the Notice to Comply be —3- 140 16. The Appellant is requesting an additional 6 months to a year to sell. the property before being required to do any rem edial work. Although the property is currently listed for sale, there have taken no active steps to clean up or secure the premises, VM 131(1) Ido person shall permit premises owned or occupied by him or her to be unsighdy 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 or machinery or the body or anypart of vehicle, equipment or machinery, or (d) a dilapidated building, 13l (2) No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of being vacant or unoccupied. 131(3) No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. 11111 pill 11`1�� 1111111 @1�11�1111 `:...may confirm, modify or rescind the notice or amend the dMejor complying with the notice." 19. The Duties and Powers of the Saint John Substandard Properties Appeal Committee are se', out in the Provisions Governing the Procedure and Operation of the Saint John Substandard Properties 4ppeal Committee in Section H. 4., which states as follows: 3. "The Appeal Committee shall when making its decision in an appe involving an allegedly dangerous building or structure, give due consideration to thefollowing: i (a) Section 190.0 7 of the Municipalities Act, which provides that a reportfrom an Architect, an Engineer, F,% `e', pector or the Fire Marshall stating that a building or structure is dilapidated or —4- 141 structurally unsound is proof in the absence of is dilapidated or structurally unsound, (b) Other representations and evidence presented in support of the Notice that is being appealed; and re) Other representations and evidence presented by the Appellant or his counsel. 4. "The Appeal Committee Nhall when making its decision in an appeal involving allegedly unsightly premises give due consideration to the following. (a) Whether the items involved are enumerated in subsection 190.01(1) of the Municipalities Act (now section 131 (1) ofthe Local Governance Act [supra]); (b) The location from which the items involved are clearly visible; (c) The location and use of the Property; (d) Any representations and evidence presented in support of the Nodee that is being appealed; and (e) Any representation and evidence presented by the Appellant or his counsel" 20. The subject property has been vacant and unoccupied at least since the Fire Marshal's Order issued in 2014. The property owners have known or ought to have known for a lengthy period of time that the Building and property have not been in compliance with the Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, By -Law Number M-30 ami have taken no steps to remedy the situation. Little weight was attached to Mr. Murray's evidence that the owners do not have the financial means to do the necessary work as there was no corroborating evidence. 21. After due consideration of all the evidence and representations made by the parties the Appeal Committee is satisfied that the condition of the subject property is unsightly, that the Building is a hazard to the safety of the public by reason of being vacant or unoccupied and by reason of dilapidation or unsoundness of structural strength for the reasons set forth in the Inspection Report dated March 27th, 2018, being contrary to the Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, By -Law Number M-30. The property needs to be remedie4.. 22, Therefore, the Notice to Comply, dated March 2 �h 2018 pertaining to PID 2733 is 4-11-MfIX-1 i-1T4--LZT--4-&1 -, V-01-11IT11-3147-311 work to bring the property into compliance with the Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, BkLaw Number M-30 within the time frames set out therein. —5- 142 Dated at Saint John, New Brunswick this 31" day of May, 2018. 1 f s r, �1 ,5aarxt John Jolihson, Chairperson... . ery' Substandard 11"Per°taes Appeal Committee —6- 143 I I I I I I 6 0 1 1 0 CL COUNCIL REPORT M&C No. 2018-175 Report Date June 11, 2018 Meeting Date June 18, 2018 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Council Ticket Policy OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Patricia Anglin/J. Taylor Jonathan Taylor m I Jeff Trail RECOMMENDATION That Council direct the City Manager to draft an Events Ticket Policy for Council's review and approval. EXECUTIVE SUMMARY Council expenses are a broad topic that include: remuneration, benefits, and allowances to members for expenses resulting from the discharge of their duties. The scope and recommendation of this report addresses only allowances for purchasing tickets to attend community events. Council's annual operating budget currently allots $19,000 for the purchase of tickets to events. The Mayor's office has its own separate budget with an annual amount of $4,400 for event tickets. There is currently not a policy in place with respect to the purchasing of event tickets for Council members and it is therefore suggested that Council direct staff to draft an Events Ticket Policy for Council's review and approval. PREVIOUS RESOLUTION May 22, 2018 RESOLVED that the Council Expenses matter be referred to the City Manager to have staff investigate best practices used in other jurisdictions. `W -2 - REPORT Common Council members have a long history of participating in charitable, fundraising, ceremonial, recreational, sport and entertainment functions considered significant to the community. These functions help enhance the quality of life in Saint John and are a vital ingredient Council's priority of creating a vibrant city. A Council Ticket Policy will illustrate that Council members are mindful of the public's fiscal expectations when performing their roles representing the City. Council's annual operating budget currently allots $19,000 for the purchase of tickets to events. The Mayor's office has its own separate budget with an annual amount of $4,400 for event tickets. In 2017, Council members purchased tickets for over 30 community events at a cost of $17,652. In the first half of 2018, Council has purchase tickets for over 20 events at a cost of over $13,000. The price of tickets range anywhere from $15 - $150 each, with an average price of approximately $80. A sample of the events Council has attended over the last 2 years includes: Loch Lomond Villa Dinner; Big Brothers Big Sisters Dinner; Hospice Luncheon; Rotary Club Gala; PRO Kids Dinner; Saint John Port Days; Rocmaura Nursing Home Rocktober; Saint John Police Mental Health Golf Tournament; Children's Wish Foundation Dinner; Chamber of Commerce Outstanding Business Awards; Imperial Theatre 30 Annual Gala; Christmas with the Cops; Red Cross Humanitarian Dinner; Divine Mercy Spiritus Awards Dinner; Kiwanis Annual Christmas Breakfast; Dinner of Remembrance; United Empire Loyalist Dinner; East Coast Music Awards Reception; Taste of the Maritimes; Dr. David Stephen Memorial Dinner; Women's Empowerment Network Luncheon; Amazetorium; Work Kidney Day Breakfast; YMCA Red Triangle Awards; Loch Lomond Spring Dinner; Canada 150 Celebrations Dinner; YWCA Saint John Women of Distinction; State of the City; United Way Kick off lunch; Prostate Cancer breakfast; Outstanding Business Awards lunch; YMCA Peace breakfast Although Council approves the annual Operating Budget for both Council and the Mayor's office, including the budget line for the purchase of event tickets, there is not currently a formal policy in place with respect to the purchase of tickets. The City's practice has been to add ticket purchase requests to the Council agenda for approval. The Clerk's Office has been responsible for the purchase and distribution of tickets to elected officials. A detailed policy is recommended to ensure clear guidelines and rules are established, best practices are followed, and that city business is conducted in an open and transparent manner. It is suggested that the Council Ticket Policy would include the following provisions: `REI -3- • A list of eligible and ineligible expenses • Transparency: Council expenses will be proactively disclosed and made available to the public • One ticket per Council Member per event with one additional ticket for Members' accompanying guest per event • An approval process for identifying appropriate events OPTIONS: a) An annual allotment of 1/10 the ticket budget line item for each Councillor and the Deputy Mayor (i.e. each gets $1900 per year based on $19,000 budget) b) Recognizing that not all Councillors are likely to use the full annual allotment every year, maintain a pool of funds from which to draw all payments for tickets coupled with regular reporting of usage by Council members Precedents on Ticket Expenses in other Cities This report provides information on the events budgets provided in other municipalities. A review of several Council Expense policies is listed below: The City of Moncton (population 71,889) Bylaw The Council Members expenses are provided online quarterly: The Mayor's expenses for the period January — December 2017 total $6,985.31 Sample - Councillor Boudreau's expenses January to December 2017 total $4,791.64 Sample - Councillor Crossman expenses January to December 2017 total $11.018.26 All council expenses are itemized, including tickets to local events. The City of Dieppe (population 25,384) The 2017 expense budget for the Mayor was $11,000. The expense budget for councillors was $3840. All expenses are itemized, including tickets to local events. The City of Fredericton (population 58,200) Bylaw A-16, Remuneration of City Council The bylaw lists benefits such as a "communication allowance" for internet and mobility; car allowance, clothing allowance, benefit spending allowance, tax free expense allowance. The Mayor's expenses are posted online quarterly. The Mayor's expenses for the period January — December 2017 total $ 2,401.01. Council Member's expenses are not posted on the City's website. White Rock BC (Dooulation 19.952 Council Remuneration and Expenses Policy 2.3 Event Allowance -4- 2.3.1 Event tickets for the Mayor to attend on behalf of the City will be purchased and/or reimbursed by the City. The events the Mayor attends will be at their discretion (considering budget limitations). In circumstances where the Mayor is unavailable the Deputy Mayor will be asked to attend in their place. 2.3.2 Councillors shall be reimbursed up to $900 annually, to cover expenses of attending and representing the City of White Rock, as individual Councillors, at local community events." City of Fort Saskatchewan Alberta (population 24,149) Council Remuneration and Expense Procedure 5. Expenses: 5.1 Eligible expenses include costs associated with meals, transportation, mileage, and accommodation, pursuant to this Procedure. 5.2 Personal expenses, personal care items, medical expenses (in excess of those covered by the City's medical benefits, if applicable), expenses related to political party fundraisers, or expenses for initiatives not directed by Council, shall not be eligible for reimbursement. 5.3 The following provisions apply to expenses for a Member's spouse or partner: a. When a spouse/partner attends an out-of-town function/conference with the member of Council, expenses related to the spouse/partner's travel, meals, registration, and extracurricular events are considered personal in nature, and shall not be eligible for reimbursement. b. When a spouse/partner is invited to accompany a Member to a conference banquet/gala, social, or fundraising event, and the member is attending the event in an official capacity, the spouse/partner's ticket may be charged to the Member's budget. Town of Whitby Ontario (population 130,341) Council Expense Policy Town Organized Event Tickets Eligible Expenses • A ticket for a Member and one ticket for the Member's spouse or guest which shall be recorded as an expense based on the face value of the ticket. Ineligible Expenses • Additional tickets other than those for the Member and their spouse or guest. Conditions • Tickets must be purchased through the Mayor and Councillors' Office. Community Event Tickets Eligible Expenses `&V -5- • A ticket for a Member and one ticket for the Member's spouse or guest to attend a charitable or fund-raising event organized by a charitable/non-profit organization where funds raised will support services provided to the residents of Whitby and/or the Region of Durham. Ineligible Expenses • Additional tickets other than those for the Member and their spouse or guest. • Raffle tickets, silent auctions and table prize tickets. Conditions • Members should provide a copy of the event notice/flyer/email/correspondence with information on the purpose of the event and event organizer. • Proof of ticket payment when seeking reimbursement. Town of New Market Ontario (population 80,400) Elected Officials Expense Policy 5. Community Expense - Donations to Community Groups Community groups seeking donations or support should be directed to make their request to Council as a whole and should be referred to an appropriate grant program. Eligible Expenses • Individual donations by an Elected Official to support community group efforts in the community (e.g. facility rental charges, school events). Ineligible Expenses • Expenses related to the sponsorship of teams or individuals, such as the provision of uniforms or equipment, or on-going financial support. • Religious organizations are not eligible to directly receive a financial donation/sponsorship under this policy unless it is for a Town community event/fundraiser. 6. Community Expense — Event Tickets Eligible Expenses • One (1) ticket per charitable or fund-raising event. • One (1) participation fee for the Elected Official to participate in charitable or fund-raising events such as golf tournaments or walkathons. • One (1) ticket per entertainment event such as theatre shows, musical performances or other concerts provided that the event is charitable or fund-raising in nature. Ineligible Expenses • Raffle tickets, silent auctions and table prize tickets `UYA -6 - Conditions • The charitable or fund-raising event should be for a charitable/nonprofit organization that provides services to residents in York Region. • The organization's registration number (charitable or non-profit) should be included on the expense claim. • For charitable events or dinners and when practicable, event organizers should make out charitable receipts to the Town. • Elected Officials should provide a copy of one of the following: 1. Event notice/flyer/e-mail/correspondence requesting the Elected Official's attendance. 2. Proof of payment when seeking reimbursement Summation The review of municipal precedents has shown that many municipalities have similar approaches to purchasing event tickets. It is suggested that the City follow a similar approach in its Ticket Policy. STRATEGIC ALIGNMENT Good governance and fiscally responsible. SERVICE AND FINANCIAL OUTCOMES n/a INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS ATTACHMENTS n/a `B1.11 7Che MY, of Saint pobia CommitteeThe RESOLVED that as recommended y the Committee of the Wholehaving t on June 18th 2018, Common Council approves that a) Contract No. 2018-07: Musquash Water Pumping Station Electrical Substation be awarded to the lowest compliant Tenderer, Black & McDonald Limited, at the tendered price of $1,936,255.00 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents; b) Common Council approve the addition of a new project in the 2018 Water & Sewerage Utility Fund Capital Program at Lift Station #4 for the purchase of a bypass pump, replacement of valves and electrical junction boxes in the amount of $300,000. Sincerely, Don arlin Mayor - - - - - - - - - - - - -------- - -------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 'i s1 '14 V,',7 hmof. 1 19 /1 iw"t9n 1P jj#cAok„ k'e K �,'If ��`�� ✓��fe48, 4", 159 " 159 �" y � e f J ware Attachment r l I ..' Elec Substation.docK OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Councl m 41N.M.T# City Manager 1111, Susan Steven -P+ McGovern/r June w' r ;*June Keenan 18, 2018 Saint John Water Attachment r l I ..' Elec Substation.docK OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Councl m 41N.M.T# City Manager 1111, Susan Steven -P+ McGovern/r _LBrion Keenan recommendedIt is Contract r. 2018-07: r Pumping o rt Substation be awarded to the lowest compliant Tenderer, Black & McDonald Limited, at the tendered price of $1,936,255.00 (including HST) as calculated based p oestimated quantities, w further that the Mayor and Common Clerk be authorized to execute the necessary contract documents; b) Common Council approve the addition of a new project in the 2018 Water & Sewerage Utility Fund Capital Program at Lift Station #4 for the purchase of bypass pump, rep ► electrical junctionboxes amount The purpose of this report is to recommend that Council award Contract No. 2018-07. Musquash Water Pumping Station Electrical Substation to the lowest compliant Te November 1; 2017 Water w Sewerage Utility Fund Capital Approved. March 6, 2017; 2017 Water & Sewerage Utility Fund and General Fund Capital Program Adjustments p r ' od . iRis] '17i).R7J7.YTM-e T -1 it a mc-OrA7,077 77TOY#V71d7`11'"t�Z -1 . rfi&rams I'M project for the relocation and upgrades to the Musquash Water Pumping Station Electrical Substation. The Electrical Substation and Water Pumping Station have existed in their currentlocation on the shoreline of the East Branch Musquash Reservoir since the early 1970s and the site currently floods on a regular basis. The Electrical Substation site needs to be relocated outside of the flood zone. Equipment upgrades are also required as the Electrical Substation has exceeded its lifespan. W"V'TX*WW1 Holland Contracting Inc., Maugerville, NB $ 1,623,716.77 2. Black & McDonald Limited, Dartmouth, NS $ 1,936,255.0f, 3. G. J. Cahill & Company (1979) Limited, Saint John, NB $ 2,145,900.00 The tenders were reviewed by staff and were found to be formal in all respects with the exception of the tender from E. Holland Contracting Inc.. The tender from E. Holland Contracting Inc. was missing a corporate seal in section 4.2 of the Form of Tender and a Signature of Tenderer or Authorized Agent in section 4.3.03 of the Form of Tender. Division 2 — Instructions to Tenderers and Tendering Procedures section 2.8.03 item g) states that "Tenders shall be deemed as not complying with the mandatory requirements where: g) The Tender does not include a fully completed prescribed Form of Tender, signed by an authorized agent, which bears the Tenderer's corporate sea[, pursuant to section 2.6.02 a) and Division 4." Due to the above omissions by the tenderer, E. Holland Contracting Inc. their tender has been rejected. Staff is of the opinion that the lowest compliant tenderer, Black & McDonald Limited has the necessary resources and expertise to perform the work and recommend acceptance of their tender. Due to the lengthy delivery of some major electrical components, work on this project is not expected to be completed until August 30, 2019. i N The Contract includes work that is charged against the Water & Sewerage Utility Fund Program. Assuming award of the Contract to the lowest compliant tenderer, an analysis has been completed which includes the estimated amount of work that will be performed bythe Contractor and Others. Budget $ 2,530,000 Project net cost $ 2,086,654 Variance (Surplus) $ 443,346 It is proposed to utilize $300,000 of the above $443,346 surplus variance to establish a new project in the 2018 Water & Sewerage Utility Fund Capital Pro valves and electrical junction boxes. Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. This report aligns with Council's Priority for Valued Service Delivery, specificall Wri W MOM mom, reviewed with the Legal Department. ATTACHMENTS `"M The Committee of the Whole, having met on June 18, 2018, made the following recommendation: th RESOLVED that as recommended by the Committee of the Whole having met on June 18 201-R Common Council aonro—ves- that Mr Sincerely, Don Darling year fiP!"' �P4 '!"�o 6" '4,0h)nt "�l � f"' A� ik ')y i I "NQR V, h" "j]" " :""a i W The Committee of the Whole, having met on June 18, 2018, made the following recommendation: th RESOLVED that as recommended by the Committee of the Whole having met on June 18 2018, Common Council approve that the City of Saint John terminate (1) the Licence held by BeaverTails Commercial Inc. & Parent and Sons Investment Inc. and (2) the Licence held by Fog Cutter Inc. and give to each of the licensees, pursuant to Clause 3 in each of the Licences, notice that their respective Licences terminate at 11:59 p.m. on July 15th 2018. Sincerely® Don Darling Mayor 1"U”, la 'y"U) 'ry i """v 'n," P, i'' 'A '� If N?" 4, "", 4, "1 Al j 164 'lle CRY of Saint johIn -,. RESOLVED that as recommended by the Committee of the Whole having met on June 18th, t.018, Common Council approve the Lorneville Road Upgrade Terms and Conditions submittea th *y the Regional Development Corporation in their correspondence dated June 15 , 2018. Sincerely, Don Darling Mayor ,'pate. 4 J1 Th ,,I � C'. .'�f,u„ llpr"0 -�; iia? 3��aH ala „I �i, ..�., �xa , 6 �,,. �� Jd),°�`�", �t� ,� ��'1J � f'' 4' I "/� ,�� (n 9r t,�, a 1, 0 .. _..w._..,� 165 0 I N V5 ii"U, Mr. Jeff Trail, City Manager City of Saint John P.O. Box 1971 16 Market Square Saint John, New Brunswick E2L 41_1 ` 111] .� 111 tlpi M ", v . T 0 0 . Mr. Trail: Please proceed with the repair of 1.36 km road located on PID 00412189 as per your estimate date June 15, 2018 fora maximum price of $121,987.00 + HST. This will include repairing the cross slope at various locations, asphalt seal 50 mm thick by 7.5 in wide by 1.36 km long. The shoulder of the road shall be repaired using compacted granular type "A" at 1.5 m and 100 mm thick on both sides. Terms and Conditions 1 . RDC shall reimburse the city for material used as per the unit prices. 2. The City of Saint John shall provide at their cost all labor & equipment to undertake this contract. 3. The City of Saint John shall provide an invoice With proof of purchase of material. 5. The Applicant must adhere to all labor and environmental laws and regulations. 6. All work shall be done to the Province of New Brunswick's Department of Transportation and Infrastructure standards. If you have questions regarding the documentation requested by RDC, please contact Denis J. Gallant at (50 6) 453-8495. Sincerely, Ann Marie Wood -Seems Vice President Regional Development Corporation/Socl&6 do d6voloppomint ftional www.gnb.ca P.O. Box/C.P, 6000 Fredericton, New Brun swick/Nouveau-Bruns%dck E3B SH I Canada a 166