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2018-09-10_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting AGENDA Monday, September 10, 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. Pages 1. Call to Order 2. Approval of Minutes 2.1 Minutes of July 30, 2018 1 - 16 2.2 Minutes of August 20, 2018 17-31 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Fall 2018 Debenture Application (Recommendation in Report) 32-34 5.2 Rail Safety Week 2018 (Recommendation: Refer to Clerk to Prepare 35-36 Proclamation) 5.3 People's Alliance Party of New Brunswick - Building a Sustainable Future for 37-44 Saint John (Recommendation: Receive for Information) 5.4 Agreement with N B Power for Back-up Fire Protection Services at the Point 45-53 Lepreau Generating Station (Recommendation in Report) 5.5 Fundy Regional Service Commission (Recommendation: Refer to representative 54-59 on Fundy Regional Service Commission) 5.6 Saint John Region Chamber of Commerce - Outstanding Business Awards 60-62 (Recommendation: Receive for Information) 1 Poeta Sy: (L 5.7 Contract for eScribe Agenda Management Solution (Recommendation in Report) 63-88 5.8 State of the Uptown 2018 (Recommendation: Receive for Information) 89-103 5.9 Transportation & Environment Services Refuse and Compost Collection Vehicle 104-119 Colour Change (Recommendation in Report) 5.10 Fleet Replacement Procurement - September 2018 (Recommendation in 120-122 Report) 5.11 Regional Facilities Commission -Approved Budget for 2019 (Recommendation: 123-129 Receive for Information) 5.12 Request to Present to Council - Rezoning application for 1003 Latimore Lake 130-134 Road — Thomas Construction Ltd. (John Colwell) (Recommendation in Report) 5.13 Thomas Construction Limited re: Readdress the 1003 Latimore Lake Road 135-137 Rezoning Application (Recommendation: Receive for Information) 5.14 Letter of Thanks re 55 Plus Games (Recommendation: Receive for Information) 138-139 6. Members Comments 7. Proclamation 7.1 Port Cities Week - September 10th to September 14th, 2018 140-141 7.2 Recovery Day - September 14th, 2018 142-142 8. Delegations / Presentations 9. Public Hearings - 6:30 p.m. 10. Consideration of By-laws 10.1 First and Second Reading of the Saint John Minimum Property Standards By- 143-209 Law 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 Safe, Clean Drinking Water - Commissioning of the new Loch Lomond Drinking 210-218 Water Treatment Facility 12.2 Regional Ice Strategy Options 219-223 13. Committee Reports 13.1 Growth Reserve Fund Request 224-228 K 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 City of Saint John Shared Risk Plan - Annual General Meeting Sept 26, 2018 15.2 Gatekeepers of the Divine Light Fundraiser 15.3 Christmas with the Cops - Request for Monetary Donation 16. Supplemental Agenda 16.1 The Chamber Distinguished Speaker Series Luncheon 17. Committee of the Whole 17.1 Leave of Appeal to Supreme Court of Canada 18. Adjournment K3 229-229 230-231 232-232 233-233 234-234 City of Saint John Common Council Meeting Monday, September 10, 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 Employment Matter 68(1)0) 1.3 Legal Matter 68(1)(f,g) 1.4 Legal Matter 68(1)(f) 1.5 Financial Matter 68(1)(c) C! Ville de Saint John Seance du conseil communal Lundi 10 septembre 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 du greffier communal au 658-2862. Chacun des points suivants, en totalite ou en partie, peut faire 1'objet 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, h6tel de Ville 1.1 Approbation du proces-verbal — paragraphe 68(1) 1.2 Question relative a 1'emploi — alinea 68(1)j) 1.3 Question juridique — alinea 68(1) f) 1.4 Question juridique — alinea 68(1) f) 1.5 Question financiere — alinea 68(1)c) S6ance ordinaire 1. Ouverture de la s6ance 2. Approbation du proces-verbal 2.1 Proces-verbal du 30 juillet 2018 2.2 Proces-verbal du 20 aout 2018 3. Adoption de Pordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a Papprobation du conseil 5.1 Demande d' obligation a 1' automne 2018 (recommandation figurant au rapport) 5.2 Semaine de la securite ferroviaire 2018 (recommandation : transmettre au greffier pour qu'une proclamation soit r6dig6e) 5 5.3 Alliance des gens du Nouveau -Brunswick — Creation d'un avenir durable pour Saint John (recommandation : accepter a titre informatif) 5.4 Entente avec Energie NB — Services auxiliaires de protection contre les incendies a la centrale nucleaire de Point Lepreau (recommandation figurant au rapport) 5.5 Commission de services r6gionaux de Fundy (recommandation : transmettre au repr&sentant de la Commission de services r6gionaux de Fundy) 5.6 Saint John Region Chamber of Commerce — Outstanding Business Awards (recommandation : accepter a titre informatif) 5.7 Contrat pour la solution de gestion des ordres du jour eScribe (recommandation figurant au rapport) 5.8 Etat du centre-ville 2018 (recommandation : accepter a titre informatif) 5.9 Modification de la couleur des v&hicules de collecte d' ordures et de compost des Services de transport et d'environnement (recommandation figurant au rapport) 5.10 Acquisition de la flotte de remplacement — septembre 2018 (recommandation figurant au rapport) 5.11 Commission r6gionale des installations — Budget approuv& pour 2019 (recommandation : accepter a titre informatif) 5.12 Demande de pr6sentation levant le conseil — Demande de rezonage du 1003, chemin Latimore Lake — Thomas Construction Ltd. (John Colwell) (recommandation figurant au rapport) 5.13 Thomas Construction Limited - Lire la demande de rezonage du 1003, chemin Latimore Lake (recommandation : accepter a titre informatif) 5.14 Lettre de remerciement - 55 Plus Games (recommandation : accepter a titre informatif) 6. Commentaires pr6sent6s par les membres 7. Proclamation 7.1 Semaine des villes portuaires — 10 au 14 septembre 2018 7.2 Journ&e du r6tablissement — 14 septembre 2018 8. D616gations et pr6sentations 9. Audiences publiques — 18 h 30 C.1 10. Etude des arrWs municipaux 10.1 Premiere et deuxi&me lecture de 1'Arret6 sur les normes minimales r6gissant les r6sidences de la Ville de Saint John 11. Interventions des membres du conseil 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux 12.1 Eau potable, saine et propre — Mise en service de la nouvelle installation de traitement de 1' eau potable de Loch Lomond 12.2 Options pour la strat&gie r6gionale relative aux patinoires 13. Rapports d6pos6s par les comit6s 13.1 Demande de fonds de r6serve de croissance 14. Etude des sujets 6cart6s des questions soumises a Papprobation du conseil 15. Correspondance g6n6rale 15.1 R&gime de retraite a risque partag& de la Ville de Saint John — Assembl6e g6n6rale annuelle le 26 septembre 2018 15.2 Gardiens pour la collecte de fonds Divine Light 15.3 Christmas with the Cops — Demande de dons mon&taires 16. Ordre du jour suppl6mentaire 16.1 La Chambre - D&jeuner de la s6rie des conf&renciers distingu6s 17. Comit6 pl6nier 17.1 Cong6 d'appel devant la Cour supreme du Canada 18. Lev6e de la s6ance M 100 - Council Minutes- Regular Meeting July 30, 2018 1► 1101011111.=ilk] xe111 w_1C71LTA 111isI1010 COMMON COUNCIL OF THE CITY OF SAINT JOHN J U LY 30, 2018 AT 6:00 PM IN THE COUNCIL CHAMBER Present: Mayor D. Darling Deputy Mayor S. McAlary 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 Councillor Ward 4 Ray Strowbridge Absent: Councillor -at -Large Gary Sullivan Also Present: City Manager J. Trail City Solicitor J. Nugent Commissioner of Finance and Treasurer K. Fudge Deputy Commissioner of Growth and Community Development A. Poffenroth Commissioner of Transportation and Environment M. Hugenholtz Commissioner of Water Brent McGovern Common Clerk J. Taylor Administrative Officer R. Evans 1. Call to Order Mayor Darling called the meeting to order. 1 100 - Common Council Minutes July 30, 2018 2. Approval of Minutes 2.1 Minutes of July 9. 2018 Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that the minutes of the meeting of Common Council, held on July 9, 2018, be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that the agenda of this meeting be approved with the addition of items: 9.2.1 Landscaping Enhancements — 707 Westmorland Road 17.1 City Manager Recruitment and Transition 17.2 Appointments to Committees 17.3 Coast Guard Site — Demolition of Buildings and Termination of Lease 17.4 Letter of Intent between the City and the Province of New Brunswick for the Commencement Construction NB Museum 17.5 In Kind Support to Sculpture Saint John 17.6 The Bishop of Fredericton et al, 815-819 Millidge Avenue and 25 Daniel Avenue MOTION CARRIED. 4. Disclosures of Conflict of Interest Councillor Lowe declared a conflict with item 10.2 By -Law Respecting the Regulation and Licensing of Owners and Operators of Vehicles for Hire (3rd Reading). S. Consent Agenda 5.1 That the Insurance Bureau of Canada letter re: Fees for fire Protection Services be received for information. 5.2 That the Lorneville Community and Recreation Association Letter re: Lorneville Marsh Brook Crossing Reconstruction — Request for Widening be received for information. 5.3 That the K. Nixon Letter— Entrance to Kennebecasis Park be received for information. 5.4 That as recommended by the City Manager in the submitted Planning Advisory Committee report Subdivision application — Money -in -lieu of LPP 87 Lansdowne Avenue, Common Council Authorize the acceptance of money -in -lieu of the required Land for Public Purposes (LPP). K 100 - Council Minutes- Regular Meeting July 30, 2018 5.5 That as recommended by the City Manager in the submitted Planning Advisory Committee report Subdivision application — Money -in -lieu of LPP 853 Latimore Lake Road, Common Council Authorize the acceptance of money -in -lieu of the required Land for Public Purposes (LPP). 5.6 That as recommended by the City Manager in the submitted report M&C2018-222: Proposed Public Hearing Date —1655 Manawagonish Road and 1770 Sand Cove Road, Common Council schedule the public hearing for the Section 59 Amendment applications of Caroline McAvity (1655 Manawagonish Road) and Brian Thorne and Sonya Dunn (1770 Sand Cove Road), for Monday August 20, 2018 at 6:30 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for a report and recommendation. 5.7 That as recommended by the City Manager in the submitted report M&C 2018-209: Fire Marque Agency Agreement, Common Council authorize the Mayor and Common Clerk to execute the attached agreement with Fire Marque Inc. for the purpose of appointing Fire Marque Inc. as agent for the Corporation of the City of Saint John to submit claims and collect recoverable expenses using "Indemnification Technology" with respect to insured perils resulting from Saint John Fire Department response to attendance at incidents; and That the Fire Chief be authorized to collect and provide such information as is required to facilitate claims undertaken by Fire Marque Inc.; and That Common Council authorize the establishment of a Fire Service Capital Reserve Fund; and that monies collected as a result of the Fire Marque Agreement be transferred to the Fire Service Capital Reserve Fund; and that Common Council authorize Staff to use the money from the Fire Service Capital Reserve Fund to fund future fire service capital expenditures. 5.8 That as recommended by the City Manager in the submitted report M&C 2018-213: Fall Debenture Issue — Notice of Motion, His Worship the Mayor gave the following Notice of Motion. "I do hereby give Notice that I will, at a meeting of Common Council held after the expiration of thirty days from this day, move or cause to be moved, the following resolution: Namely, RESOLVED that occasion having arisen in the public interest for the following Public Civic Works and needed Civic Improvements, that is to say: The attached Notice of Motion has been prepared as a first step in the permanent financing of certain capital projects. The purpose of the issue is summarized on the attached schedule. The giving of this Notice of Motion does not commit the City to any further action. It does, however, place the City in a position to take action after the expiry of 30 days at such time as bond market conditions and opportunities permit. K3 100 - Common Council Minutes July 30, 2018 At this stage, it is not necessary to set limits with respect to the coupon rate or the terms for which bonds are to be issued. These will be established at a later date and will be related to the market conditions at that time. Purpose of Issue The City of Saint John Proposed issue of Debentures To Be Dated On or after August 29t", 2018 GENERAL FUND Protective Services $ 300,000 Transportation Services $ 3,400,000 Economic Development $ 1,300,000 Parks and Recreation $ 2,000,000 $7,000,000 SAINT JOHN TRANSIT $3,500,000 TOTAL $10,50 '000 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 $ 10,500,000. 5.9 That as recommended by the City Manager in the submitted report M&C2018-218: Licence Agreement with ACAP (Atlantic Coastal Action Program) to work on land dedicated for storm water retention: 1) That the City enter into a Licence Agreement with the Atlantic Coastal Action Program (ACAP) Saint John Inc. for the implementation of green storm water infrastructure on Bayside Drive, Loch Lomond Road and Golden Grove Road; and 2) That the Mayor and Common Clerk be authorized to execute the said agreement. 5.10 That as per the Saint John Police Letter — Street Event Application "E21- Jam", Council approve the Exemption for consumption of alcohol in Public Place. 5.11 That as per the Saint John Police Letter — Street Event Application "Moonlight Bazaar", Council approve the Exemption for consumption of alcohol in Public Place. CI 100 - Council Minutes- Regular Meeting July 30, 2018 5.12 That the Hooper Sculptures (King St. and Prince William) Letter be received for information. 5.13 That as recommended by the City Manager in the submitted report M&C2018-224: Fort La Tour Development, 1) That the City enter into an agreement with the Fort LaTour Development Authority (FLDA) respecting the maintenance and capital renewal obligations for the Fort LaTour Development and nearby washroom facility; and 2) That the Mayor and Common Clerk be authorized to execute the said agreement. 5.14 That as recommended by the City Manager in the submitted report M&C2018-221: Data Sharing Agreement, the Mayor and Common Clerk enter into an agreement with Enterprise Saint John to securely share data in order to access Smart and Connected Data Project funding for data analytics that would benefit the Snowplowing Route Optimization (Continuous Improvement) Project. 5.15 That as recommended by the City Manager in the submitted report M&C2018-212: Cleanup of Unsightly Property and Demolition of Buildings at 1019 Millidge Avenue, 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 two buildings and cleanup of the unsightly property at 1019 Millidge Avenue, PID# 00048397. 5.16 That as recommended by the City Manager in the submitted report M&C2018-211: Saint John Water —2017Annual Water Report, Common Council receive for information this report summarizing the Saint John Water 2017 Annual Water Report. 5.17 That as recommended by the City Manager in the submitted report M&C2018-217: Sale of Two Properties to SBLP Harding Street Property Inc — Former Portion of Harding Street and Former Connector Road to Fairville Boulevard: 1. That Common Council amend its resolution for M & C #2010-336, dated October 12, 2010, by deleting, "... and that the City convey to Counsel Fairville Limited lands designated PID Number 55203020", and replacing it with "... and that the City convey to SBLP Harding Street Property Inc. lands designated PID Number 55203020"; 2. That Common Council amend its resolution for M & C #2011-47, dated March 14, 2011, by deleting "Lot 10-2 having an area of 1,054 square metres and being the easterly portion of PID Number 55210694 to 7724993 Canada Inc." and replacing it with "being PID Number 55217053, having an approximate area of 1,054 square metres to SBLP Harding Street Property Inc."; and 61 100 - Common Council Minutes July 30, 2018 3. Pursuant to amended resolutions in paragraph #1 and #2, that Common Council enter into the Agreement of Purchase and Sale with SBLP Harding Street Property Inc., attached hereto M & C # 2018 - 217, and further directs the Mayor and Common Clerk to execute any document necessary to effect the transfer. 5.18 That the Saint John Cycling Letter — Lorneville Culvert Installation be received for information. 5.19 That the Saint John Cycling Letter — Lorneville Creek No. 1 Bridge (L-835) and Active Transportation be received for information. Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that the recommendation set out in each consent agenda item respectively be adopted. MOTION CARRIED UNANIMOUSLY. 6. Members Comments Council members commented on various community events. 7. Proclamations 7.1 Rocket Day — August 8, 2018 The Mayor proclaimed August 8, 2018 as Rocket Day in The City of Saint John. 8. Delegations/Presentations 8.1 Canada Games Aquatic Centre Steve Smith, CEO of CGAC, and Mr. Lloyd Foote, Board member from Rothesay, referring to the submitted report discussed the history, stats, opportunities, challenges, and financials of the Canada Games Aquatic Centre. Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that the Canada Games Aquatic Centre Presentation be received for information. MOTION CARRIED. 9. Public Hearings 6:30 PM C.1 100 - Council Minutes- Regular Meeting July 30, 2018 9.1 Proposed Zoning Bylaw Amendment —1003 Latimore Lake Road — Staff Presentation with Planning Advisory Committee report recommending Rezoning with Section 59 Conditions 9.1.1 1003 Latimore Lake Road (1St and 2nd Reading) The Common Clerk advised that the necessary advertising was completed with regard to the proposed zoning bylaw amendment for a parcel of land located at 1003 Latimore Lake Road to expand an existing gravel pit, with no written objections received. The Planning Advisory Committee recommended approval of the re -zoning as set out in the submitted report, with Section 59 conditions. The Mayor called for members of the public to speak against the re -zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re -zoning with Rick Turner, Hughes Surveys and Consultants presenting on behalf of the Applicant Thomas Construction Limited. The Applicant, John Colwell was also present. Kimberly Wilson, resident at 1010 Latimore Lake Road also responded to the Mayor's call for those in support of the rezoning. Ms. Wilson expressed opposition to the proposed hours of operation, from 7:00 a.m. — 8:00 p.m. Ms. Wilson commented that other pits in the area, Brookville closes at 4:30 pm, Falmouth closes at 5:00 p.m., and Langille closes at 5:00 p.m. Ms. Wilson commented on the poor road condition and the noise caused by the trucks gearing up and down to enter and leave the pit. Responding to questions, A. Reid, City Planner, provided the following information: • The operation hours of 7:00 am — 8:00 pm are standard for pits and quarries. • There was an unauthorized excavation from the South of the subject site. • Staff conducted a site visit and some remediation work has taken place. • The area where the unauthorized excavation had occurred is outside the Pit and Quarry zone. • The company was sent a letter in 2015 advising of the violation. • Staff is not aware of any outstanding violations by the company other than the unauthorized excavations. • In 2018 the company was issued a Stop Work Order. Responding to questions, A. Poffenroth provided the following information: • The City has not issued annual excavation permits in the last few years due to the identified violation. • If the operator was working on the property in question, they were doing so in violation as they did not have their annual permit. • In 2018, the operator was issued a Stop Work Order to cease activity at this site until they are in compliance, which impacted their ability to obtain a City contract. r� 100 - Common Council Minutes July 30, 2018 • The quarry activity was getting closer to residential properties thus prompting discussions and the Stop Work Order in 2018. • The City had not taken formal enforcement measures on the subject site in recent years. Councillor Merrithew stated that he would not support the rezoning, citing calls he received from citizens in the area expressing concerns with dust and dirt caused by the operation. He added that he does not respect a business that is violation and does not comply. Councillor Reardon stated that she would not support the rezoning, noting that the company had over two years to abide by the rules to address their violation. She added that the company should fix the road in the area and the hours of operation should be reduced. Moved by Deputy Mayor McAlary, seconded by Councillor Lowe: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John", amending Schedule A, the Zoning Map of The City of Saint John, by rezoning a 15 hectare portion of PID Number 00333757 and 5 hectare portion of PID Number 00331124, located at 1003 Latimore Lake Road from Rural (RU) to Pit and Quarry (PQ), be read a first time. MOTION DEFEATED with Councillors Casey, MacKenzie, Merrithew, Norton, Strowbridge, and Reardon voting nay. 9.2 Public Hearing — 707 Westmorland Road (Request to Cancel) Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that as recommended by the City Manager in the submitted report entitled Public Hearing — 707 Westmorland Road, Common Council cancel the public hearing for the rezoning application of the City of Saint John (707 Westmorland Road) scheduled for Monday July 30, 2018 at 6:30 p.m. in the Council Chamber. LTA [00411111►[4L1ilk] k]1if101 9.2.1 Landscaping Enhancements — 707 Westmorland Road Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that as recommended by the City Manager in the submitted report entitled Landscaping Enhancements — 707 Westmorland Road, Common Council direct the City Manager to ensure that the relocation of the existing Transportation and Environment works depot on McIntosh Street in the City's North End to the property at 707 Westmorland Road include enhanced landscaping and/or fencing on the subject site, as illustrated on the attached site plan, to provide a visual buffer between the depot and the adjacent residential area. MOTION CARRIED. E:3 100 - Council Minutes- Regular Meeting July 30, 2018 10. Consideration of By-laws 10.1 Zoning Bylaw Amendment with Section 59 Conditions — 237 Foster Thurston Drive (3rd Reading) Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-62 A Law to Amend the Zoning By - Law of The City of Saint John", adding "Special Zone No. 3" to the list of Other zones in Section 2.2; adding Section 14.8(1) Permitted Uses and 14.8(2) Zone Standards; and rezoning a parcel of land with an area of approximately 55.48 hectares, located at 237 Foster Thurston Drive, also identified as being PID Number 00052704, from Rural (RU) to Special Zone No. 3 (SZ -3), be read. MOTION CARRIED. The by-law entitled, "By -Law Number C.P. 111-62 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 MacKenzie: 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 55.48 hectares, located at 237 Foster Thurston Drive, also identified as PID Number 00052704, be subject to the following conditions: a) The site shall not be developed except in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, landscaped areas and other site features. The detailed site plan must accompany the application for the building permit. b) The developer shall prepare building elevation plans, subject to the approval of the Development Officer, showing the facades, exterior building materials and finishes, with these plans accompanying the application for the building permit. c) That as outlined in the Access Review prepared by Crandall Engineering and dated June 6, 2018 the clearing of 300 square metres of wooded area along the frontage of the property to the east of the proposed driveway, be completed prior to the issuance of the building permit for the proposed project. This clearing must be maintained by the developer to provide adequate sight distance. d) That the proposed driveway for the development incorporate an asphalt apron along the extent of the driveway between the edge of the existing pavement on Foster Thurston Drive and the existing edge of the right-of-way. 100 - Common Council Minutes July 30, 2018 e) That notwithstanding Paragraphs 4.1(2)(k) and 4.2(5)(b) of the Zoning By-law, the driveway and parking area can be surfaced with gravel with the exception of the area mentioned in condition d) and any required barrier free parking space(s) which must be surfaced with asphalt. MOTION CARRIED. Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-62 A Law to Amend the Zoning By - Law of The City of Saint John", adding "Special Zone No. 3" to the list of Other zones in Section 2.2; adding Section 14.8(1) Permitted Uses and 14.8(2) Zone Standards; and rezoning a parcel of land with an area of approximately 55.48 hectares, located at 237 Foster Thurston Drive, also identified as being PID Number 00052704, from Rural (RU) to Special Zone No. 3 (SZ -3), 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. 111-62 A Law to Amend the Zoning By -Law of The City of Saint John." Councillors Lowe and MacKenzie withdrew from the meeting. 10.2 By -Law Respecting the Regulation and Licensing of Owners and Operators of Vehicles for Hire (3rd Reading) The Deputy Mayor stated that there is a typo in the by-law on page 44 under the heading Initial Fee. It should state five dollars, not three dollars as it is currently written. Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that the error on p. 44 of the by-law entitled, "By -Law M-12 A By -Law respecting the Regulation and Licensing of Owners and Operators of Vehicles for Hire in the City of Saint John" under the heading Initial Fee be changed from "three dollars" to "five dollars". MOTION CARRIED. Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that the by-law entitled, "By -Law M-12 A By -Law respecting the Regulation and Licensing of Owners and Operators of Vehicles for Hire in the City of Saint John", repealing and replacing "A By -Law respecting the Regulation and Licensing of Owners and Operators of Taxicabs in The City of Saint John", be read. MOTION CARRIED. ito] 100 - Council Minutes- Regular Meeting July 30, 2018 The by-law entitled, "By -Law M-12 A By -Law respecting the Regulation and Licensing of Owners and Operators of Vehicles for Hire in the City of Saint John", was read in summary per s. 15(3) of the Local Govenance Act. Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that the by-law entitled, "By -Law M-12 A By -Law respecting the Regulation and Licensing of Owners and Operators of Vehicles for Hire in the City of Saint John", repealing and replacing "A By -Law respecting the Regulation and Licensing of Owners and Operators of Taxicabs in The City of Saint John", 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 M-12 A By -Law respecting the Regulation and Licensing of Owners and Operators of Vehicles for Hire in the City of Saint John." 11. Submissions by Council Members 12. Business Matters - Municipal Officers Councillors Lowe and MacKenzie returned to the meeting. 12.1 Demolition of Vacant, Dilapidated and Dangerous Buildings at 551 Golden Grove (PID #311258 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 551 Golden Grove (PID #311258) 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?" Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that as recommended by the City Manager in the submitted report, M&C2018-216: Demolition of Vacant, Dilapidated and Dangerous Buildings at 551 Golden Grove (PID #311258), 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 551 Golden Grove Road (PID# 311258), in accordance with the applicable City purchasing policies. MOTION CARRIED. 11 100 - Common Council Minutes July 30, 2018 12.2 MoveSJ Phase 2 Status Update Moved by Councillor MacKenzie, seconded by Councillor Armstrong: RESOLVED that as recommended by the City Manager in the submitted report, M&C2018-196: Move SJ Phase 2 Status Update, the report be received for information. LTA [0000114L1:k]k]111101 12.3 Council Ticket Policy Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that as recommended by the City Manager in the submitted report, M&C2018-208: Council Ticket Policy, Council approve the attached Event Tickets for Mayor and Council Attendance at Local Community Events Policy. MOTION CARRIED. 12.4 Ice Time Allocation and Management Policy Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that as recommended by the City Manager in the submitted report M&C2018-215: Ice Time Allocation and Management Policy, Common Council approve the Ice Time Allocation and Management Policy attached to M&C 2018 - 215 as the current version of said policy effective immediately. LTA [0000114L1:k]k1119a 13. Committee Reports 13.1 Finance Committee: 2019 General Fund Capital Budget Moved by Councillor Reardon, seconded by Councillor Armstrong: RESOLVED that as recommended by the Finance Committee in the submitted report M&C 2018- 219:2019 General Fund Capital Budget, members of Common Council: • Approve of the project titled Engineering Investigations and Design for $330,000 • Approve the 2019 General Fund Capital Budget MOTION CARRIED. 13.2 Finance Committee: 2019 Utility Fund Capital Budget 12 100 - Council Minutes- Regular Meeting July 30, 2018 Moved by Councillor MacKenzie, seconded by Councillor Norton: RESOLVED that as recommended by the Finance Committee in the submitted report M&C 2018- 220:2019 Utility Fund Capital Budget, members of Common Council: • Approve of the project titled Engineering Investigations and Design for $205,000 • Approve the 2019 Utility Fund Capital Budget IL 100000114Y1:k]k]11191 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Rocmaura Foundation Inc. — 20th Annual Dinner, Auction and Dance Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the Common Council approve the purchase of tickets for the Rocmaura Foundation Inc. — 20th Annual Dinner, Auction and Dance. IL 100000114Y1:k]k]11191 15.2 Dalhousie Medicine NB Charity Golf Classic — Sponsorship Request Moved by Deputy Mayor McAlary, seconded by Councillor Lowe: RESOLVED that the Dalhousie Medicine NB Charity Golf Classic —Sponsorship Request be received for information. IL 100000114Y1:k]k]11191 16. Supplemental Agenda 17. Committee of the Whole 17.1 City Manager Recruitment and Transition Moved by Deputy Mayor McAlary, seconded by Councillor Lowe: RESOLVED that the Committee of the Whole, having met on July 30, 2018, made the following recommendation: That pursuant to section 73 of the Local Governance Act, Common Council appoints Neil Jacobsen, to act as City Manager effective August 17, 2018 and until such time as a permanent replacement is appointed and that his salary during this period be set at salary grouping A, exceptional zone. 13 100 - Common Council Minutes July 30, 2018 That Council immediately commences a process for filling the position of City Manager on a permanent basis including the engagement of necessary external resources as required through a process consistent with the procurement legislation and authorizes Mayor and Clerk to execute a contract to secure said support. That Council approves the addition of salary grouping Al to the Management and Non -Union salary scale and that at the end of the acting period, Mr. Jacobsen be placed on the salary grouping Al. MOTION CARRIED. Moved by Deputy Mayor McAlary, seconded by Councillor Lowe: RESOLVED that Common Council form a Steering Committee to lead the City Manager selection process, appointing Mayor Darling as Chair, Deputy Mayor McAlary, and Councillors Merrithew and Reardon. MOTION CARRIED. 17.2 Appointments to Committees Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that as recommended by the Committee of the Whole, having met on July 30, 2018, Council makes the following appointments: Nominating Committee: to appoint Mayor Don Darling as Chair and Councillors Gary Sullivan and David Merrithew for 1 year terms from July 30, 2018 to July 30, 2019 Finance Committee: to reappoint Mayor Don Darling and Councillors Gary Sullivan, Greg Norton, Sean Casey, Donna Reardon, and David Merrithew until the end of their current terms on Council. Growth Committee: to reappoint Mayor Don Darling, Deputy Mayor Shirley McAlary, and Councillors Gerry Lowe, John MacKenzie, Blake Armstrong, and Ray Strowbridge until the end of their current terms on Council. Saint John Energy: to reappoint Councillor John MacKenzie until the end of his current term on Council. Police Commission: to appoint Mayor Don Darling and Councillor Gary Sullivan until the end of their current terms on Council and to appoint Michael Costello to a 3 year term from July 30, 2018 to July 29, 2021. 14 100 - Council Minutes- Regular Meeting July 30, 2018 1►l[000►[4L1:k]k]11191 17.3 Demolition of Coast Guard Buildings Moved by Councillor Lowe, seconded by Councillor Armstrong: RESOLVED that as recommended by the Committee of the Whole, having met on July 30, 2018, Common Council resolves to award Tender No. 2018-083001T to Galbraith Construction Ltd. for the demolition of the former Shops and Buoy Buildings on the Coast Guard site at a cost of $368,400 plus HST, conditional upon the Province of New Brunswick exercising the Option Agreement and that the Mayor and Common Clerk be authorized to execute any document required to affect said demolition; and further Common Council resolves to notify Her Majesty the Queen in right of Canada as represented by the Minister of Fisheries and Oceans (Lessee) that its Lease is terminated effective August 31, 2018 and that the Mayor and Common Clerk are authorized to execute a Notice to Quit and further that staff is authorized to make arrangements for the delivery of said Notice to Quit; and further Common Council directs Develop Saint John to file the necessary planning application relating the subdivision; and further Common Council resolves to reimburse Develop Saint John for expenditures incurred relating to the demolition planning, tendering, and execution from Operating Funds. MOTION CARRIED. 17.4 Letter of Intent Commencement Construction NB Museum Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that as recommended by the Committee of the Whole, having met on July 30, 2018, Common Council approves the submitted Letter of Intent for the Commencement Construction of the NB Museum (LOI) between the City of Saint John and the Province of New Brunswick and authorizes the Mayor and Common Clerk to execute the Letter of Intent (LOI). MOTION CARRIED. 17.5 Sculpture Saint John Moved by Councillor MacKenzie, seconded by Councillor Lowe: RESOLVED that as recommended by the Committee of the Whole, having met on July 30, 2018, that Council approves the provision of up to $5000 of in-kind support from the City of Saint John to Sculpture Saint John. 15 100 - Common Council Minutes July 30, 2018 MOTION CARRIED with Councillor Norton voting nay. 17.6 Anglican Church property, corner Millidge and Daniel Avenues Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that as recommended by the Committee of the Whole, having met on July 30, 2018, Common Council adopts the following resolutions: 1. That the City convey the fee simple absolute in Lot 88-2, Plan 2402 (815-819 Millidge Ave.) to the Bishop of Fredericton; 2. That the City convey the fee simple absolute in Lot 88-1, Plan 2402 (25 Daniel Ave.) to The Sister Sheila Housing Corporation Inc.; and 3. That the Mayor and Common Clerk execute the deeds. MOTION CARRIED with Councillor Reardon voting nay. 18. Adjournment Moved by Councillor Lowe, seconded by Councillor Armstrong: RESOLVED that the meeting of Common Council held on July 30, 2018, be adjourned. LTA [00411111►[4L1ilk] k]1if101 The Mayor declared the meeting adjourned at 8:50 p.m. Mayor / maire Common Clerk/ greffier communal 100 - Council Minutes- Regular Meeting August 20, 2018 1► 1101011111.=ilk] xe111 w_1C71LTA 111isI1010 COMMON COUNCIL OF THE CITY OF SAINT JOHN AUGUST 20, 2018 AT 6:00 PM IN THE COUNCIL CHAMBER Present: Mayor Don Darling Deputy Mayor Shirley McAlary Councillor -at -Large Gary Sullivan Councillor Ward 1 Greg Norton Councillor Ward 1 Blake Armstrong Councillor Ward 2 Sean Casey Councillor Ward 2 John MacKenzie Councillor Ward 3 Gerry Lowe Councillor Ward 4 David Merrithew Councillor Ward 4 Ray Strowbridge Regrets: Councillor Ward 3 Donna Reardon Also Present: Acting City Manager N. Jacobsen Solicitor S. Brittain Comptroller C. Graham Deputy Commissioner Finance and Administration I. Fogan Commissioner of Growth and Community Development J. Hamilton Commissioner Water B. McGovern Deputy Commissioner Transportation and Environment J. Hussey Fire Chief K. Clifford Police Chief B. Connell Sgt. -at -Arms J. Fleming Deputy Common Clerk P. Anglin Administrative Officer R. Evans 1. Call to Order 17 100 - Common Council Minutes August 20, 2018 Mayor Darling called the meeting to order. The Mayor acknowledged the tragic events that took place in Fredericton on Friday August 10th and staff from the Saint John Police Force and Saint John Fire Department who are in Fredericton to provide support. A moment of silence was held. 2. Approval of Minutes 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 items: 17.1 Canada Games Aquatic Center (CGAC) Financing; and 17.2 Recommendation for a Pension under the Heart and Lung Act. MOTION CARRIED. 4. Disclosures of Conflict of Interest Councillors Lowe and MacKenzie declared conflicts with Items 8.1-8.6 City's Provincial Election White Paper. S. Consent Agenda 5.1 That the Regional Oversight Committee Meeting Overview be received for information. 5.2 That as recommended by the City Manager in the submitted report M&C2018-233: Proposed Purchase of Bunker Gearfor SaintJohn Fire Department, Common Council authorize the Saint John Fire Department to purchase one hundred twenty sets (jacket & pants) of Starfield Lion Turnout Gear from Mic Mac Fire and Safety Source Ltd. at a cost of $281,340 plus HST over a four year period. 5.3 That as recommended by the City Manager in the submitted report M&C2018-239: Contract Harbour Passage Extension Award of Tender 2018-081204T, the contract be awarded to the low Tenderer, Terraex Inc, at the tendered price of $284,000.00 (excluding HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.4 That as recommended by the City Manager in the submitted report M&C2018-238: Sydney Street — Sidewalk Easement: iF:3 100 - Council Minutes- Regular Meeting August 20, 2018 1. Common Council approve as per the submitted Easement Agreement (M&C 2018-238) an Easement in and through the lands at civic #10 Sydney Street (bearing PID #55184006, 55202923, 00009522, 55178776, 55020747, and 00010470); and 2. The Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction. 5.5 That as recommended by the City Manager in the submitted report M&C2018-230: City Market Lease with Kevin Goggan Art and Design Inc.: 1. That the City enter into a Lease for Stall "E" in the City Market with Kevin Goggan Art & Design Inc., under the terms and conditions as set out in the Lease submitted with M&C 2018-230, and further; 2. That the Mayor and Common Clerk be authorized to execute any necessary documents. 5.6 That as recommended by the City Manager in the submitted report M&C2018-235: Contract No. 2018-11 Crack Sealing 2018, the contract be awarded to the low Tenderer, Eastern Infrastructure Inc., at the tendered price of $64,860.00 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.7 That as recommended by the City Manager in the submitted report M&C2018-228: King Square South Upgrades, Common Council approve reallocating the $200,000 budget surplus from the Leinster Street - Water, Sanitary and Storm Sewer Renewal and Street Reconstruction project to establish a new 2018 project for upgrades to the watermain and sewermain on King Square South. 5.8 That as recommended by the City Manager in the submitted report M&C2018-237: Proposed Public Hearing Date —1655 Manawagonish Road and 1770 Sand Cove Road, Common Council reschedule the public hearings for the Section 59 Amendment applications of Caroline McAvity (1655 Manawagonish Road) and Brian Thorne and Sonya Dunn (1770 Sand Cove Road), for Monday September 24, 2018 at 6:30 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for a report and recommendation. 5.9 That as recommended by the City Manager in the submitted report M&C2018-245: Update on Central Peninsula Neighbourhood Adoption Timeline, Common Council receive and file the submitted report outlining the adoption timeline of the Central Peninsula Neighbourhood Plan. 5.10 That as recommended by the City Manager in the submitted report M&C2018-229: Amendment to Combined Loan and Grant Agreement — Canada Games Aquatic Centre Energy Efficiency Retrofit, the City enter into an "Amending Agreement" with the Federation of Canadian lid] 100 - Common Council Minutes August 20, 2018 Municipalities which will have the effect of amending Contract No. GMF10098 - Canada Games Aquatic Centre Energy Efficiency Retrofit, dated July 27, 2011 in the form and upon the terms and conditions as submitted; and, further, that the Mayor and Common Clerk be authorized to execute the said Amending Agreement. 5.11 That as recommended by the City Manager in the submitted report M&C2018-214: Core IT Network and Server Equipment Contacts, Common Council authorize staff to leverage the provincial government's vendor supply agreements to draft new contracts for Core IT Network and Server Equipment, exercising the City's right under the Public Procurement Act of the Province of New Brunswick. 5.12 That as recommended by the City Manager in the submitted report M&C2018-231: 2018- 086501P— Digital Imaging Equipment, Common Council award the proposal for the establishment of a supply and service agreement for Digital Imaging Equipment to the lowest compliant proponent Xerox Canada Ltd., and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.13 That as recommended by the City Manager in the submitted report M&C 2018-246: Live Watermain Tapping Services — External Customers, Common Council adopt the following resolution: The City of Saint John offer live tapping services to owners and operators of private or public water infrastructure in return for the payment of a fee, in accordance with the fee structure outlined in M&C 2018-246, and on the condition that those receiving the live tapping service sign a Release and Indemnity drafted by the City Solicitor. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the recommendation set out in each consent agenda item respectively be adopted. LTA IQI[Q0114Y1:k]k]1II9XII0F_1011LTA WollWo 6. Members Comments Council members commented on various community events. A plaque was given to the family of the late Jim Doherty to honour his accomplishments and contributions as a Hall of Fame Harness racer and trainer. 7. Proclamations 7.1 Prostate Cancer Awareness Month — September 2018 K91 100 - Council Minutes- Regular Meeting August 20, 2018 The Mayor proclaimed September 2018 as Prostate Cancer Awareness Month in The City of Saint John. 8. Delegations/Presentations Councillors Lowe and MacKenzie withdrew from the meeting. 8.1 5:10 P.M. - City of Saint John 2018 Provincial Election White Paper Presentation Referring to the submitted presentation the Acting -City Manager gave an overview of the City of Saint John 2018 Provincial Election White Paper entitled Building a Sustainable Future for Saint John. The paper is a call to action on the following items affecting the City: 3.1 Implementing Fair Taxation 3.2 Changing Political Arbitration Legislation 3.3 Supporting Regionalization 3.4 Supporting the Implementation of the City's Roadmap for Smart Growth 3.5 Enabling Revenue Streams from Saint John Energy 3.6 Waiving the Annual Government of New Brunswick Assessment Charge 3.7 Funding Regional Facilities Capital Assets 3.8 Repealing the Special Assessment Practices for Canaport LNG 3.9 Subsidizing Saint John Transit 3.10 Integrating Saint John Transit and Parking Commission Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that the City of Saint John 2018 Provincial Election White Paper Presentation be received for information. MOTION CARRIED. 8.2 5:30 P.M. - Green Party of New Brunswick / Parti Vert du Nouveau -Brunswick (Speaker: David Coon) David Coon, MLA and Leader of the Green Party of New Brunswick and Wayne Dryer candidate for Saint John Harbour presented on behalf of the Green Party of New Brunswick. The following are key presentation highlights: Item 3.1 Implementing Fair Taxation: The Green Party considers fair taxation the single item to achieve before other items in the White Paper can be addressed. A Green Party government supports property tax reforms, including the removal of the exemption on machinery and equipment. A public inquiry would also be called to look into public finances, including the issue of preferential tax treatment. 21 100 - Common Council Minutes August 20, 2018 - Item 3.3 Supporting Regionalization: A Green Party government supports the creation of a metro service commission structure, but it does not believe amalgamation will happen unless the city's property tax issue is addressed. - Item 3.5 Enabling new Revenue Streams from SJ Energy— A Green Party government is supportive of new opportunities for Saint John Energy. Responding to a question concerning the escalating costs to the City to provide Protective Services, Mr. Coon stated that he does not consider it fair that the revenue collected by the City to enforce laws, such as the Motor Vehicle Act flows to the Province. The revenue should stay with the City. Concerning escalating salaries, Mr. Coon stated he does not have the information needed to give an opinion. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the Green Party of New Brunswick / Parti Vert du Nouveau -Brunswick Presentation be received for information. MOTION CARRIED. 8.3 6:00 P.M. - Liberal Party of New Brunswick / Parti Liberal du Nouveau -Brunswick (Speaker: Rick Doucet) Hon. Rick Doucet, Minister in the Liberal Party of New Brunswick presented on behalf of the Liberal Party. Responding to the City's invitation, the Liberal Party also submitted a written report entitled, City of Saint John — 2018 Provincial Election White Paper. The following are key presentation highlights: - The Liberal Party has created the New Deal for Saint John, and provided $22.8 million over 3 years to help eliminate the City's structural deficit. - The Liberal Party has a Task Force created to monitor the deficit. - Addressing the White Paper topics specifically, Mr. Doucet stated: - 3.1 Implementing Fair Taxation — A Liberal Government is willing to review the balance of taxation and powers between provincial and municipal governments, but cannot support the elimination of the provincial property tax stating this would lead to cuts in education and health care services. - 3.2 Changing Provincial Arbitration Legislation —A Liberal Government will not make any changes proposed by the City to the arbitration process with Protective Services. - 3.3 Supporting Regionalization —A Liberal Government will explore best practices and promote better regional cooperation, but not impose amalgamation. - 3.4 Support the City's Roadmap for Growth — A Liberal government will work with Saint John to grow its population. - 3.5 Enabling New Revenue Streams from SJ Energy — A Liberal government is willing to work with the City to explore leveraging SJ Energy as a source of revenue. WA 100 - Council Minutes- Regular Meeting August 20, 2018 3.6 Waiving the Annual Government of New Brunswick Assessment Charge — The Liberal government is providing other financial assistance to the City. 3.7 Funding Reginal Facilities Capital Assets — A Liberal government will explore best practices and promote better regional cooperation, as well as regional delivery of municipal services. 3.8 Repealing the Special Assessment Practices for Canaport LNG — A Liberal government repealed the Canaport LNG tax deal within months after the City's request. 3.9 Subsidizing Saint John Transit — A Liberal government is willing to consider any measures to help eradicate poverty, including innovative approaches to the use of transit in priority neighbourhoods. 3.10 Integrating Saint John Transit and Parking Commissions — A Liberal government would introduce legislative changes to allow the City to do this after completing its due diligence. Responding to questions on legislative reform for revenue generation Mr. Doucet stated that developing out-of-the-box thinking on energy utilities requires working together. These conversations are happening between the Province and the City. The Province recognizes the City's deficit and is at the table to move the bar forward for the City. A report will be ready by end of the year. Responding to a question on amalgamation Mr. Doucet said the reality is to find out-of-the-box thinking to promote the idea. Forcing amalgamation is not the answer. Responding to questions on the relevance of the Regional Services Commission, Mr. Doucet stated dialogue between the province and the municipalities is required to move the bar fo rwa rd. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the Liberal Party of New Brunswick / Parti Liberal du Nouveau -Brunswick Presentation be received for information. MOTION CARRIED. 8.4 6:30 P.M. - New Brunswick New Democratic Party/ Nouveau Parti democratigue du Nouveau -Brunswick (Speaker: Jennifer McKenzie) Jennifer McKenzie, Leader of the New Brunswick New Democratic Party (NDP), presented on behalf of the New Brunswick New Democratic Party. The following are key presentation highlights: - 3.1 Implementing Fair Taxation — An NDP government is supportive of "fair and reasonable tax reforms." It would set up a task force and hold public hearings to discuss reforms of the property tax system. W 100 - Common Council Minutes August 20, 2018 - 3.2 Changing Provincial Arbitration Legislation —An NDP government is supportive of existing arbitration practices. - 3.3 Supporting Regionalization — An NDP government is willing to investigate the need for amalgamation. - 3.4 Supporting the City's Roadmap for Growth — An NDP government is supportive of the City's population Growth plan. - 3.5 Enable New Revenue Streams from SJ Energy — An NDP government is supportive of new revenue opportunities for municipalities, however believes that removing the "not-for- profit" qualifier would be a mistake. - 3.6 Waiving the Annual Government of New Brunswick Assessment Charge — An NDP government would waive the charge. - 3.7 Funding Regional Facilities Capital Assets — An NDP government would look at this request as part of an amalgamation study. - 3.8 Repealing Special Assessment Practices for Canaport LNG —An NDP government is supportive of repealing the tax deal for LNG. - 3.9 Subsidizing Saint John Transit — An NDP government is supporting of exploring opportunities. - 3.10 Integrate Saint John Transit and the Parking Commission — An NDP government is supportive of a new governance model. Responding to a question on SJ Energy revenue stream, Ms. McKenzie would support revenue generation initiatives between the City and SJ Energy to produce a modern green economy. However the profit would remain with SJ Energy under the current legislation. Responding to a question on funding the infrastructure costs of the City, noted that the size of the City in comparison to Moncton and Fredericton is significant, some form of needs based funding has to be built into any kind of tax reform. The short term three year pattern puts problems off, the NDP Party is open to discuss solutions. Responding to a question concerning revenue generation, apart from SJ Energy sources, Ms. McKenzie is open to the City pursuing new revenue generation opportunities. Responding to a question on permissive legislation, Ms. McKenzie stated that we need to recognize that different municipalities have different costs regarding their facilities and residents. Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that the New Brunswick New Democratic Party/ Nouveau Parti democratique du Nouveau -Brunswick Presentation be received for information. MOTION CARRIED. 8.5 7:00 P.M. - Progressive Conservative Party of New Brunswick / Parti Progressiste- Conservateur du Nouveau -Brunswick (Speaker: Blaine Higgs) 0&1 100 - Council Minutes- Regular Meeting August 20, 2018 Blaine Higgs, MLA and Leader of the Progressive Conservative Party of New Brunswick (PC), presented on behalf of the Progressive Conservative Party of New Brunswick. Responding to the City's invitation, the PC Party also submitted a written report entitled, Building a Sustainable Future for Saint John, A Response from the PC Party of New Brunswick. The following are key presentation highlights: - 3.1 Implementing Fair Taxation — A PC government is committed to municipal tax reform, including the removal of double taxation on commercial properties. - 3.2 Changing Provincial Arbitration Practices — A PC government is committed to working with all stakeholders, including municipalities, unions and the private sector, to establish a "reasonable way forward" to improve the status quo. - 3.3 Supporting Regionalization — A PC government is willing to support and facilitate regionalization of any services with willing partners. - 3.4 Support of the City's Roadmap for Growth — A PC government is willing to support growth and prosperity by giving municipalities the opportunity to govern themselves, as much as possible, to implement strategies specific to their communities. - 3.5 Enabling New Revenue Streams from SJ Energy — A PC government supports affording any City utility with the ability to generate revenue. - 3.6 Waiving the annual assessment of NB Assessment Charge — A PC government is willing to discuss this as part of municipal reforms. - 3.7 Funding Regional Facilities Capital Assets — A PC government would look at this as part of regionalization discussions. - 3.8 Repealing the Special Assessment Practices for Canaport LNG — A PC government would work with all parties, but it cannot support a model that puts the sustainability of Canaport LNG's business proposition at risk. - 3.9 Subsidizing Saint John Transit — A PC government would review as part of regionalization. - 3.10 Integrating Saint John Transit and Parking Commission — A PC government is willing to take direction from the City and assist with legislation. Responding to questions on double taxation, Mr. Higgs stated that the province of NB is the only Province he is aware of with double taxation. He would focus on fair taxation, including for tenants in apartments, their primary dwelling. Our province should enjoy the same benefits that other provinces enjoy. Responding to a question on municipal reform, Mr. Higgs stated more reform is needed to encourage fair taxation. LNG should be treated as any other business without special circumstance. Responding to the question on the "New Deal", Mr.Higgs stated it is a Band-Aid fix not a long term solution. A long term solution is required. OR 100 - Common Council Minutes August 20, 2018 Responding to a question on the Regional Services Commission, Mr. Higgs stated that the oversight body was established, but there was no criteria established for a standard regional approach. The criteria for the rules of engagement needs to be defined. Municipalities need to play a role in defining the common ground. Responding to a question on SJ Energy, Mr. Higgs stated if there is an opportunity for them to earn money to go into a business model he does not see a reason for them not to do that. Responding to a question on taxes on machinery and equipment, Mr. Higgs encourages business to be competitive. Examining any area of taxation is encouraged. Responding to questions on amalgamation, Mr. Higgs stated it is folly to ignore that Saint John is the growth engine in the area. The fast growth in Quispamsis over a ten year period was a direct result of the good economy Saint John was experiencing. Regional discussion is required. All issues, including barriers must be discussed. Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that the Progressive Conservative Party of New Brunswick / Parti Progressiste- Conservateur du Nouveau -Brunswick Presentation be received for information. MOTION CARRIED. 8.6 7:30 P.M. — Written Submissions from Candidates 8.6.1 Gerry Lowe. Liberal Candidate Saint John Harbour - Resoonse to 2018 Provincial Election White Paper 8.6.2 Kathleen Riley-Karamanos, Liberal Candidate Saint John Lancaster - Response to 2018 Provincial Election White Paper 8.6.3 John MacKenzie, Liberal Candidate Portland -Simonds - Response to 2018 Provincial Election White Paper 8.6.4 Doug James, Green Party Candidate, Saint John Lancaster - Response to 2018 Provincial Election White Paper Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the written submissions on the 2018 Provincial Election White Paper from candidates Gerry Lowe, Kathleen Riley-Karamanos, John MacKenzie and Doug James be received for information. MOTION CARRIED. Councillors Lowe and MacKenzie re-entered the meeting. 9. Public Hearings 6:30 PM 41.1 100 - Council Minutes- Regular Meeting August 20, 2018 10. Consideration of By-laws 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 Demolition of Vacant, Dilapidated and Dangerous Buildings at 326 Sandy Point Road (PID# 411678 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 326 Sandy Point Road (PID#411678) 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 Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that as recommended by the City Manager in the submitted report, M&C2018-240: Demolition of Vacant, Dilapidated and Dangerous Buildings at 326 Sandy Point Road (PID# 411678), 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 326 Sandy Point Road (PID#411678), in accordance with the applicable City purchasing policies. IL 10000►[4L1:k]k]11191 12.2 Demolition of Vacant, Dilapidated and Dangerous Buildings at 100-102 Winslow Street (PID# 363515) 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 100-102 Winslow Street (PID#363515) 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. WA 100 - Common Council Minutes August 20, 2018 Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that as recommended by the City Manager in the submitted report, M&C2018-241: Demolition of Vacant, Dilapidated and Dangerous Buildings at 100-102 Winslow Street (PID#363515), 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 100-102 Winslow Street (PID#363515), in accordance with the applicable City purchasing policies. MOTION CARRIED. 12.3 Demolition of Vacant, Dilapidated and Dangerous Building at 363 Highland Road (PID# 49734 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 363 Highland Road (PID#49734) 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 Deputy Mayor McAlary, seconded by Councillor Lowe: RESOLVED that as recommended by the City Manager in the submitted report, M&C2018-242: Demolition of Vacant, Dilapidated and Dangerous Buildings at 363 Highland Road (PID#49734), 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 363 Highland Road (PID#49734), in accordance with the applicable City purchasing policies. MOTION CARRIED. 12.4 Demolition of Vacant, Dilapidated and Dangerous Building at 143 Guilford Street (PID# 362152 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 143 Guilford Street (PID#362152) is a hazard to the safety of the public by virtue of its being, amongst other things, dilapidated or structurally 4.11 100 - Council Minutes- Regular Meeting August 20, 2018 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 Deputy Mayor McAlary, seconded by Councillor Lowe: RESOLVED that as recommended by the City Manager in the submitted report, M&C2018-243: Demolition of Vacant, Dilapidated and Dangerous Buildings at 143 Guilford Street (PID#362152), 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 143 Guilford Street (PID#362152), 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 Thomas Construction Limited — Request to Present regarding Misinformation provided at Rezoning ADDlication of 1003 Latimore Lake Road Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that the submission from Thomas Construction Limited — Request to Present regarding Misinformation provided at Rezoning Application of 1003 Latimore Lake Road be referred to the City Manager for a report. MOTION CARRIED. 15.2 United Way Kick -Off Lunch Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that following the Tickets Policy, the request to purchase tickets for the United Way Kick -Off Launch be approved and referred to the Common Clerk to procure tickets. MOTION CARRIED. 15.3 Port Saint John - Maritime Kitchen Party Gala Celebration Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: Wel 100 - Common Council Minutes August 20, 2018 RESOLVED that following the Tickets Policy the request to purchase tickets fort he Port Saint John Maritime Kitchen Party Gala be approved and referred to the Common Clerk to procure tickets. 16. Supplemental Agenda 17. Committee of the Whole 17.1 Canada Games Aquatic Center (CGAC) Financing Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that as recommended by the Committee of the Whole having met on August 20th, 2018, Common Council authorizes the Commissioner of Finance to provide the City's portion of the last quarterly Regional Facilities subsidy payment early to the Canada Games Aquatic Centre (CGAC) of $118,646 as well as interim financing for the remainder of the quarterly subsidy of $58,040 (other communities portion) with a request to have the CGAC come back with a report on its plan for the remainder of 2018 and for 2019 at or before the September 24th Council meeting. MOTION CARRIED. 17.2 Recommendation for a Pension Under the Heart and Lung Act Moved by Councillor Lowe, seconded by Deputy Mayor McAlary: RESOLVED that as recommended by the Committee of the Whole having met on August 20th, 2018 Common Council approves that the individual identified as Employee No. [REDACTED] be granted a pension pursuant to the terms of An Act Respecting the Saint John Firefighters' Association. LTA 100000114Y1:k]k]111101 18. Adjournment Moved by Councillor Lowe, seconded by Councillor Armstrong: RESOLVED that the meeting of Common Council held on August 20, 2018, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 7:52 p.m. 091 100 - Council Minutes- Regular Meeting August 20, 2018 Mayor / maire Common Clerk/ greffier communal 31 COUNCIL REPORT M&C No. 2018-249 Report Date August 21, 2018 Meeting Date September 10, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Fall 2018 Debenture Application OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Craig Lavigne Kevin Fudge m I Jeff Trail RECOMMENDATION Whereas occasion having arisen in the public interest for the following public civic works and needed civic improvements, that is to say: GENERAL FUND Protective Services $ 300,000 Transportation Services $ 3,400,000 Economic Development $ 1,300,000 Parks and Recreation $ 2,000,000 $7,000,000 SAINT JOHN TRANSIT $3,500,000 TOTAL $ 10,500,000 1. Therefore resolved that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto to the amount of ten million and five hundred thousand dollars ($10,500,000). 0 -2- 2. Commissioner of Finance be authorized to issue and to sell to the New Brunswick Municipal Finance Corporation (the "Corporation") a City of Saint John bond or debenture in the principal amount of ten million and five hundred thousand dollars, ($10,500,000) 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 at a term not to exceed 15 years for the issue related to the General Fund and Saint John Transit Commission. 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. EXECUTIVE SUMMARY Notice of motion was giving at the July 30t", 2018 meeting of Common Council regarding the need to borrow ten million and five hundred thousand dollars ($10,500,000). The next step in the debenture financing is to submit application to the New Brunswick Municipal Finance Corporation. In order to proceed with the debenture financing this recommendation requires Council's adoption. PREVIOUS RESOLUTION M&C — 2018-213 — 2018 Fall Debenture Issue — Notice of Motion REPORT The New Brunswick Municipal Finance Corporation is planning a bond issue in the near future and applications are to be submitted by September 26, 2018. While the issue will not be sold until the Corporation feels that rates are reasonable, they have provided ranges within which the issue could be sold. These are as follows: Interest Rate: Not to exceed an average of 4.50% 091 -3 - Price, Net: Not to be less than $98.00 per $100.00 of debenture Term: Serial form to mature in equal annual amounts over a term not to exceed 15 years for the General Fund and Saint John Transit Commission. Notice of motion was given at the July 30' , 2018 at the meeting of Common Council to borrow ten million and five hundred thousand dollars ($10,500,000). SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A 011 Resolution for Rail Safety Week 2018 Dear Mr. Trail, Rail Safety Week is coming up soon! This year, it will be held from September 23 to 29, 2018 in Canada and in the United States. We wanted to remind you of the occasion to join the safety efforts of many other municipalities by adopting a resolution in support of Rail Safety Week. Rail safety is everyone's responsibility and by looking out for each other and working together, we can help keep our communities safe and prevent fatalities and injuries on or near railway property. At CN, our commitment is to keep communities safe by raising rail safety awareness year round and collaborate with them to ensure everyone's safety. Your council can be a powerful ally in this effort to save lives by adopting the attached draft resolution. Please send a copy of your resolution by mail or e-mail to the following contact and let us know how you will be promoting rail safety in your community this year. CN -- Josee Magnan 935 de la Gauchetierc Street West 11" floor Montreal, Quebec H3B 2M9 For additional information about Rail Safety Week 2018, please consult m/w cacalrgiI a(_Ay, ww oprai�fsecaorww of,�pr _. Sincerely, 935 de la Gaucheti&e Street West, Flow 15 Montrial, Quibec, Canada, H38 2M,9 FM 0-MadoleS090 ISpfivilO-0 10ropwgbrs Any�rr Le e rrt rra r e nt rrr rsr, a va v coTfideoVeetsailmsjdrs emits 4atevz: J+ �s ,ri�r r rt e JVjjjaerouzvefe �er�scrrarara Stephen Covey W V"1 ' Chief of Pohce and Chief Sewity Officer 514-399-8846 935 de la Gaucheti&e Street West, Flow 15 Montrial, Quibec, Canada, H38 2M,9 FM 0-MadoleS090 ISpfivilO-0 10ropwgbrs Any�rr Le e rrt rra r e nt rrr rsr, a va v coTfideoVeetsailmsjdrs emits 4atevz: J+ �s ,ri�r r rt e JVjjjaerouzvefe �er�scrrarara Stephen Covey W Whereas Public - Rail Safety Week is to be held across Canada and the United States from September 23 to 29, 2018 Whereas it is in the public's interest to raise citizens' awareness on reducing avoidable accidents, injuries and damage caused by collisions at level crossings or incidents involving trains and citizens; Whereas Operation Lifesaver is a public/private partnership whose aim is to work with the rail industry, governments, police services, the media and other agencies and the public to raise rail safety awareness; Whereas CN has requested City Council adopt this resolution in support of its ongoing effort to save lives and prevent injuries in communities, including our municipality; It is proposed by Councillor seconded by Councillor It is hereby RESOLVED to support national Public - Pail Safety meek, to be held from September 23 to 29, 2018. al -I �� iq�� ple 11 S A1111iiance lily i��04wL'A11111" VIII ce deis � Gens BUILDING A SUSTAINABLE FUTURE FOR SAINT JOHN 2018-08-28 A response from the People's Alliance Party of New Brunswick Presented by Mr. Matthew Thompson, Candidate Saint John East as Representative for the Leader of the Party, Mr. Kris Austin Mr. Mayor/ Councilors: I want to both personally and on behalf of the party thank you for the opportunity to discuss your White Paper prepared and supported by Common Council. This White Paper clearly highlights both the opportunities and challenges faced by not only Saint John but municipalities across our great province. The People's Alliance is committed to bringing reform to our province in taxation and the way the province works with each municipality. We are committed to working with you and other municipalities to create a better relationship that sees our province, as a whole, move forward through innovation and growth between all levels of Government. I want to thank you for being so proactive towards creating a bright and prosperous future for Saint John. Like you we are committed to changing the way things have always been done and working to seek out new ways to do things the right way that moves us all forward together. I want to commend the Council for starting this discussion and looking at Saint John's future -defining both the challenges you face as a city and highlighting the opportunities as well. Peoples Alliance of New Brunswick, Matthew Thompson, Saint John East. Kul The People's Alliance answers to your White Paper Questions are found below. Thank you for allowing us to show you how we can help be an agent of Change for not only the City of Saint John but Municipalities across the Province. ITEM 3.1 Implementation of Fair Taxation. "The City of Saint John is recommending that the Province implement fair and reasonable property tax reforms designed to diversify municipal revenue streams, remove exemptions for industrial equipment, introduce flexibility to establish different classes of property taxation purposes and leave property tax as the exclusive domain of municipalities." The People's Alliance of New Brunswick (PANB) is committed to both provincial and municipal tax reform. Our Goal is to help you and every municipality in New Brunswick to have a tax formula that works. For over 4 years PANB has been vocal about our ideas for the removal of Double Taxation. We have heard the collective voices from across the Province with respect to the negative impacts on both those who own and those who rent. We have committed for these last 4 years to remove the double tax in a rapid yet responsible manner that ensures growth for you the municipalities all the while protecting the citizens of New Brunswick ensuring no new taxation or cut to services. PANB also is committed to governing through a model that will give municipalities more autonomy to tax. We are committed to working with the Union of Municipalities of New Brunswick, the Cities of New Brunswick Association and New Brunswickers to implement structured and beneficial growth changes to the Municipalities' Act. Coupled with our tax reform plan and position on granting more authority to local governments to grow, become financially independent, create revenue streams beneficial to each municipality we believe that Saint John along with all other municipalities will be able to redirect the ship and sail into smoother water. We also commit to making sure that safeguards are in place to protect the citizens of the municipalities against unwise business decisions and non -beneficial Peoples Alliance of New Brunswick, Matthew Thompson, Saint John East. 011 investment. ITEM 3.2 Changing Provincial Arbitration Legislation Specific to Municipal Fire and Police Services "We encourage the Province of New Brunswick to re-engage the Cities of New Brunswick Association in exploring mechanisms to address the current financial sustainability challenges associated with legislated interest arbitration, including: Final Offer Selection Government Employed Arbitrators Right to Strike with Essential Worker Designation Legislated Criteria Numeric Criteria Legislative changes to curtail uncontrollable public sector wage escalation and related financial impacts have been introduced in other jurisdictions, particularly in the event of serious financial distress." PANB fully understands and acknowledges the immensity of the impact on all parties involved regarding ITEM 3.2 and the legislation at hand. We furthermore understand and acknowledge that a careful and thorough process of discussion, research and change if warranted must take place regarding Provincial Arbitration among all stakeholders. The PANB is committed to looking at all areas of Government and Legislation to find the best practices for Government and providing the best options for all people. ITEM 3.3 Supporting Regionalization "The City of Saint John requests that the Province of New Brunswick establish a task force to begin investigating regional best practices and lessons learned from other communities across Canada while initiating and facilitating an exploratory regionalization dialogue involving the greater Saint John municipalities." PANB is committed to bringing the best practices for government to all people of New Peoples Alliance of New Brunswick, Matthew Thompson, Saint John East. 3 061 Brunswick. Our support to regionalization would be multi -faceted and goes beyond just what has been proposed. We believe that mutual, respectful and cross regionalization cooperation is not only mutually beneficial but can lead to long-lasting and sustained growth. We encourage and will help facilitate those conversations and relationships as long as they protect all involved. We will not force regionalization on those who are not accepting of it and will support their stand against. For this to work, dialogue must be created to grow forward, blame must not be laid upon outlying municipalities for the issues at hand. We believe this can be beneficial province -wide. Ideas like a provincial Municipal buyers' group, where municipalities purchase items they all use as one bringing greater cost savings (Power in volume). Working with Sports groups across the province to better utilize current infrastructure to maximize usage and fees for example. ITEM 3.4 Supporting the Implementation of the City's Roadmap for Smart Growth and Population Growth Framework "More people. More jobs. More tax base. We need the Province to be an active enabler and partner." The above statement is fully in line with the plan of the People's Alliance for the past 4 years. To become an active partner enabling you the municipality and municipalities across New Brunswick to have greater control in job creation, population growth planning and developing each municipalities tax base is a growth and reform strategy of PANB. We believe in supporting municipalities by giving you greater opportunities to control your growth and future prosperity. This would be a structured and strategically implemented set of changes that would benefit and support all municipalities. ITEM 3.5 Enabling New Revenue Streams from Saint John Energy "The Province can support efforts by removing the "for profit" restrictions within the new Local Governance Act and enabling the City to move forward with a new governance and operating structure for Saint John Energy, allowing for the formalized flow of dividends from the utility to the City." Peoples Alliance of New Brunswick, Matthew Thompson, Saint John East. 4 PANB not only fully supports but plans on implementing changes to enable any city -owned and managed utility the ability to generate revenue which will benefit the city directly. We also support the implementation of creative and structured energy production and the growth of Saint John as an Energy Hub power center. ITEM 3.6 Waiving the Annual Province of New Brunswick Assessment Charge "The Province can support the City by waiving this charge until such time the City's experiences an improvement in its financial health and successfully addresses its long-term sustainability challenges. New assessment service delivery models should also be explored." PANB is committed to tax reform across the board. To fully commit to this ideology, we as a party respectfully reserve the right to propose a full in-depth review by the Provincial Auditor General's office. We plan to give this office full power to report to us and you the citizens of New Brunswick the true picture of what the state of the province is. With that said, PANB is committed to reform in taxation that is mutually beneficial to all. We are open to exploring all requests that see that vision come to reality, including new assessment, service delivery, the creation of or removal of legislation that would help and or hinder all municipalities current financial health. It is important to understand though, that many stakeholders are at play in an issue such as this and PANB remains committed to protecting and providing safeguards for the protection of all those involved living up to equal and fair practices and opportunity for all New Brunswickers. ITEM 3.7 Funding Regional Facilities Capital Assets "The Province can support the City by amending legislation to require participating communities to share in the cost of major capital expenditures and asset refurbishment/replacement investments." PANB would include Item 3.7 with Item 3.3 Supporting Regionalization. We would as Government pursue and discuss with other regional partners and municipalities mutually beneficial agreements that make common sense for all involved. We will not commit to forced participation. Peoples Alliance of New Brunswick, Matthew Thompson, Saint John East. 5 !II ITEM 3.8 Repealing Special Assessment Practises for Canaport LNG "The Province can support the city by repealing legislation that set forth special assessment practices for Canaport LNG so that the property is treated like all other City properties. This would eliminate the uncertainty associated with budgeting for this revenue on an annual basis." We will answer this simply from our platform that has been in public domain for 8 years. "We the People's Alliance Party of New Brunswick Commit to STOP the hundreds of millions of dollars that go to Large Corporate interests annually and make industry pay fair and reasonable taxes across the whole province." ITEM 3.9 Subsidizing Saint John Transit "The Province can support the City by working with the Federal Government to provide financial support to assist with the cost of providing a transit system to Saint John residents, with a particular focus on at -risk City neighborhoods and low-income residents. We also need to work with the province and the regional municipalities to explore new and sustainable regional transit service delivery best practices and models. In addition, New Brunswick remains one of the few provinces that taxes municipal transit facilities." For PANB this again would be a discussion to be held under Item 3.3. Regarding a province wide transportation system this is something worth looking into, with that being said would be an item of interest for the future as the current financial struggles of the province do not warrant such an investment at this time. We would like to request more information regarding Saint John's proposed multi-year strategy for transportation and growth through City Transit. Examples of how you plan to increase ridership, strategy for smaller vs larger routes. Do you plan to implement growth strategies that will focus on increased development along existing bus routes? Thus creating more demand for the current system? Utilizing small buses for collector routes to decrease costs, implementing growth strategies for at -risk neighborhoods that will see them becoming vibrant communities for all citizens (Breaking the Pattern of creating and maintaining Peoples Alliance of New Brunswick, Matthew Thompson, Saint John East. 6 _:1P neighborhoods based on class). The removal of taxes to municipal transit facilities. We recognize this as a particular area of reform. It remains an opportunity to explore. Keep in mind it must also be one that benefits all taxpayers in the province. Saint John is asking for a lot of tax reform and some give and take will be necessary for this process. It would be nice to be able to grant all tax cuts, but the reality at this point is that some we will have to say no to at the moment. Our ultimate goal is to reduce our debt and reduce taxes. Making New Brunswick a better place to live and a preferred choice for investment. ITEM 3.10 Integrating Saint John Transit and the Parking Commission "The City requires support from the Province in completing the operational and governance streamlining process through appropriate and timely legislative reforms, including the potential repeal of both the Transit and Parking Acts." Some things are just Common Sense, this is one of them. PANB will gladly work with all municipalities to adjust legislation to create this desirable outcome for all. We believe in streamlining processes to bring about facilitated changes in a timely manner. In closing, The People's Alliance Party of New Brunswick though young is well versed and prepared to take all the steps necessary, whether widely accepted or not to see our province move forward. We look forward to working with you and all municipalities in creating a bright and prosperous future for all New Brunswickers. Your White Paper in many ways supports and mimics our ideas and platform for change in New Brunswick. We commit to work with you, fight for you and defend you as a municipality, and to do the same for all who call Saint John home. Balanced and structured change and growth implementation can lead Saint John, all municipalities in New Brunswick and the Province as a whole into a better future. As Mentioned in ITEM 9 Everything we do as a provincial government must benefit all taxpayers/business and stakeholders in the province. Our ultimate goal is to reduce our debt and reduce taxes. Working with all involved to create growth, opportunity and a better place to live. It doesn't happen overnight, we have years of work to do, but if we keep committed to the plan we will together make New Brunswick a better place to live and a preferred choice for investment in Canada. I look forward to representing you in the legislature and working closely with you to see Saint Peoples Alliance of New Brunswick, Matthew Thompson, Saint John East. 7 !193 John become the success we all have hoped and longed for it to be. Together we can be the change we all need. As a final note as an MLA for Saint John East, please know as an MLA I am required under the PANB to represent you first. We are not a party that requires us to "tow the line" no matter what our constituents desire. 11 will represent you first at all times, defend you and work hard with you, keeping the best in mind and at the forefront for all Saint John Kind Regards Mr. Matthew Thompson People's Alliance of New Brunswick Candidate Saint John East Campaign Phone: 506-607-7791 Email: matthew@ghostfire.ca Web: www.peoplesalliance.ca Peoples Alliance of New Brunswick, Matthew Thompson, Saint John East. 8 COUNCIL REPORT M&C No. 2018-209 Report Date September 05, 2018 Meeting Date September 10, 2018 Service Area Public Safety Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Agreement with NB Power for Back-up Fire Protection Services at the Point Lepreau Generating Station 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 Neil Jacobsen RECOMMENDATION It is recommended that Common Council authorize the Mayor and Common Clerk to execute the attached agreement with NB Power for the purpose of adding an extra six months to the recently expired agreement to provide back-up fire protection services at the Point LePreau Generating Station. Discussions are underway with NB Power towards renewing our working relationship through the attached agreement, which is set for a six month term and in all other respects identical to the recently expired agreement is simply intended to provide a commercially reasonable time period to conclude negotiations while ensuring service continuity. EXECUTIVE SUMMARY In 1982, the City of Saint John entered into an agreement wiuth New Brunswick Power Corpration for the provision of Back-up Fire Protections Service to the utility's Point Lepreau Genereating Station. The attached agreement has been amended a couple of times notable 1999, and 2013 where the stand-by fee was increased. PREVIOUS RESOLUTION Common Council renewed the previous Back-up Fire Protection Agreement with NB Power in August of 2013. !1'7 -2 - STRATEGIC ALIGNMENT Vibrant Safe City — Contributing as part of a regional response helps to ensure the safety of our larger community. Fiscally Responsible — Advancing the culture of continuous improvement - securing reimbursement for emergency incident planning, preparation and response is consistent with our fiscally responsible approach. SERVICE AND FINANCIAL OUTCOMES In exchange for the identified stand-by fee the City of Saint John Fire Department (SJFD) is committed to provide emergency response services for NB Power at the Point Lepreau Generating Station. To support competent emergency response the SJFD is also committed to participating in semi-annual training/orientation and exercises for the Point Lepreau Generating Station. The emergency response service is triggered upon the City's Public Safety Commuications Centre receiving a call for assistance from the Point Lepreau Generating Station. Once a call is received the SJFD will immediately dispatch the following: • One Incident Commander; • One Engine and Crew; and • One Ladder Truck and Crew, or a second Engine and Crew should a Ladder Truck be unavailable. The City is not required to provide the above if, in the opinion of the Chief it is necessary for any or all of the personnel and / or equipment to remain in or return to the City of Saint John to provide fire protection services in Saint John. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS i) Agreement with NB Power from September 1St 2018 to February 28th 2019. This Agreement is made in duplicate by and between: THE CITY OF SAINT JOHN, in the County of Saint John and Province of New Brunswick, a body corporate by Royal Charter (the "City") OF THE FIRST PART -and— NEW BRUNSWICK POWER NUCLEAR CORPORATION, a corporation incorporated under the Business Corporations Act, S.N.S. 1981, ch. B-9.1, ("N.B. Power") OF THE SECOND PART WHEREAS N.S. Power is the owner and operator of a Nuclear Generating Station situated at Point Lepreau being in the Counties of Saint John and Charlotte in the Province of New Brunswick (the "Station"); AND WHEREAS the City is the owner and operator of the Saint John Fire Department (the "SJFD"); AND WHEREAS N.S. Power may from time to time require back-up fire protection services to supplement its fire protection capabilities at the Station; AND WHEREAS the City has agreed to provide the service of the SJFD for the aforesaid purpose; NOW THEREFORE THIS AGREEMENT WITNESSETH as follows: 1. Responsibilities of the CitX 1.01 Subject to subsection 1.06 hereof, the SJFD will provide emergency response service for N.S. Power, as dispatched from Saint John, N.S., at the Station. 1.02 The SJFD will participate in semi-annual training/orientation sessions and exercises for the Station that are fully sponsored by N.S. Power. It is understood that the personnel of the SJFD who are expected to respond to the Station, should the need arise, will be the crews participating in any such sponsored training/orientation sessions. 1.03 Upon the City's Public Safety Communications Centre receiving a call for assistance from the Station, the SJFD will immediately dispatch thereto (a) One Incident Commander (the "Commander"); (b) One Engine and Crew, consisting of: one (1) Officer and three (3) Fire Fighters; and (c) One Ladder Truck and Crew consisting of: one (1) Officer and three (3) Fire Fighters, or, in the alternative, a second Engine and Crew should a Ladder Truck be unavailable. 1.04 The Public Safety Communications Centre will confirm that the call is authentic by calling the Station's Control Room at (506) 659-2540. 1.05 Upon arrival at the Station, the SJFD's personnel will immediately commence appropriate fire suppression and/or rescue services (as trained for) and will continue such work under the joint direction and supervision of the Station's Shift Supervisor (the "Supervisor") or his designate and the Commander, until such time as the Supervisor or his designate and Commander mutually agree that the City's assistance is no longer required. 1.06 It is recognized by the City and N.S. Power that the primary responsibility of the SJFD is to provide fire protection services within the City of Saint John and it is agreed that the City is not required to provide, at the Station, the SJFD personnel and equipment referred to in subsection 1.03 hereof if, in the opinion of the Chief of the SJFD, it is necessary for any or all of the personnel and/or equipment to remain in or return to the City of Saint John to provide fire protection services in Saint John, N.S. 2. Responsibilities of N.B. Power 2.01 In the event that the back-up assistance of the SJFD is required at the Station, the Supervisor or his delegate will contact the City's Public Safety Communications Centre by telephone at the telephone number 911. The caller will identify him/herself, briefly explain the situation and request assistance. 2.02 The Supervisor will be responsible, in cooperation with the Commander, for the direction, supervision and safety of the SJFD personnel while they are present at the Station. 2.03 At all times during which the SJFD personnel are present at the Station in response to a call for assistance, N.S. Power will be responsible to protect the SJFD personnel from exposure to radiation and, at N.B. Power's expense, will provide the SJFD personnel with meals, dry clothing and such other accommodations as the situation may require, as determined by the Supervisor in consultation with the Commander. 2.04 N.S. Power will provide on an ongoing basis the necessary familiarization 2.05 Any and all specialized training and equipment that is not considered part of traditional structural firefighting, but could be employed when responding to the Station, shall be provided by N.S. Power to the SJFD and shall include, if any, the payment by N.S. Power of all annual certification, recertification, calibration or other occurring or reoccurring costs. 3. Payment 3.01 N.S. Power will compensate the City as follows for its services provided hereunder: (a) A "standby" fee of $35,100 for the term identified herein which shall be due within 45 days of this Agreement being duly executed by both parties; (b) A "dispatch" fee of $1,000 for each and every call -out (including cancelled en route calls), regardless of duration; (c) A "user fee", calculated as follows for each person and vehicle provided by the City: Each Hour or Part Thereof Engine or Ladder Truck $300.00 Light Vehicle (excluding cars) $125.00 Personnel In accordance with the most current collective agreement between I.A.F.F. Local 771 and the City and the most current management pay scale for the City in place at the time, plus all applicable fringe benefits and WorkSafe NS costs. (d) All overtime rates and associated fringe benefit costs incurred by the City that are in place at the time with respect to: 1) the Fire Fighters and Commander(s) who are dispatched to the Station; and 2) the Fire Fighters and Commander(s) who are called -in to restore the on -duty complement of the SJFD. Overtime rates and associated fringe benefit costs shall be in accordance with the most current collective agreements between I.A.F.F. Local 771 and the City and the most current management pay scale for the City at the time. 3.02 The "user fee" identified in paragraph 3.01(c) hereof shall commence one hour after dispatch of the SJFD and shall continue until the last responding Engine, Ladder Truck or Light Vehicle of the SJFD returns to its Fire Station. 3.04 All required payments identified in Section 3 hereof shall be made by N.S. Power in full to the City within forty-five (45) days of invoicing. 3.05 Reimbursement for training costs does not include the familiarization training referenced in paragraph 1.02, but does include all specialized training, certifications or courses as mutually agreed upon in paragraph 2.05. 3.06 The annual "standby" fee identified in paragraph 3.01(a) hereof shall increase annually on the anniversary date of each year of the Term based upon the percentage change to the previous 12 months Consumer Price Index (CPI) for New Brunswick, as determined by Statistics Canada. 3.07 If HST is applicable, it shall be in addition to the fees referenced herein. 4. Term This Agreement shall take effect and be binding on the parties hereto for a six (6) month term that shall commence on September 1St, 2018 and conclude on February 28th, 2019. This Agreement supersedes and replaces all previous agreements respecting the subject matter of this Agreement. 5. Contact The contact person at the Station for clarification of the arrangements herein provided will be the Coordinator of Fire Prevention. The contact person in any emergency will be the Duty Shift Supervisor — Telephone (506) 659-6214. IN WITNESS WHEREOF the City and N.S. Power have caused this agreement to be duly executed. Signed, Sealed & Delivered by The City of Saint John on the day of , 2013. THE CITY OF SAINT JOHN Don Darling, Mayor Jonathan Taylor, Common Clerk Common Council Resolution Date: Signed, Sealed & Delivered by the New Brunswick Power Nuclear Corporation on the day of 2018. NEW BRUNSWICK POWER NUCLEAR CORPORATION Gaetan Thomas President Wanda Harrison Corporate Secretary and General Counsel PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, JONATHAN A. TAYLOR, of the City of Saint John, in the County of Saint John and Province of New Brunswick, MAKE OATH AND SAY: - 1. THAT I am the Common Clerk of the City of Saint John and have custody of the Common Seal hereof. 2. THAT the Seal to the aforegoing instrument affixed is the Common Seal of the City of Saint John and that it was so affixed by Order of the Common Council of the said City. 3. THAT the signature "Don Darling" to the said instrument is the signature of Don Darling, Mayor of the said City, and the signature "Jonathan A. Taylor" thereto is my own signature. 4. THAT we are the proper officers to sign the aforegoing instrument on behalf of the City of Saint John. SWORN TO BEFORE ME at ) the City of Saint John, in the ) County of Saint John and ) Province of New Brunswick ) this day of ) 2018. ) Jonathan A. Taylor Commissioner of Oaths Being a Solicitor PROVINCE OF NEW BRUNSWICK COUNTY OF YORK I, WANDA HARRISON, of the City of Fredericton, in the County of York and Province of New Brunswick, MAKE OATH AND SAY: - 1. THAT I am the Corporate Secretary and General Counsel of New Brunswick Power Nuclear Corporation and have custody of the Corporate Seal thereof. 2. THAT the Seal to the aforegoing instrument affixed is the Corporate Seal of New Brunswick Power Nuclear Corporation and that it was so affixed by Order of the Board of Directors of New Brunswick Power Nuclear Corporation. 3. THAT the signature "Gaetan Thomas" to the said instrument is the signature of Gaetan Thomas, President of New Brunswick Power Nuclear Corporation, and the signature "Wanda Harrison" thereto is my own signature. 4. THAT we are the proper officers to sign the aforegoing instrument on behalf of New Brunswick Power Nuclear Corporation. SWORN TO BEFORE ME at ) the City of Fredericton, in the ) County of York and Province ) of New Brunswick, this ) day of , 2018. ) Commissioner of Oaths ) Being a Solicitor ) Wanda Harrison W � �i. ' &I PO Box CP 3032, Grand Bay -Westfield NB ESK 4V3 T. 506 738-1212 9 F. 506 738-1207 hotlline@fundyrer.ycles,.com qi� 11 I"1111111 1111 F 1111111p . . At the August 27, 2018 meeting of the Board of the Fundy Regional Service Commission the following motionas adopted. Motion: To approve the 2019 Draft Budget for distribution as per the Legislation for the 45 day review. Attached 9 Budget for your review. Any comments or concerns should be broueht to oV 20 L If you require any further information or have any questions please do not hesitate to contact me. Sincerely,/",,"""" s� 6'i! I LO LO Fundy Regional Service Commission Operating Fund Budget For the Year ended December 31 2019 Budget Budget 2018 i 2019 Revenue $ Corporate and Local Planning Services Contributions from LSD Contributions from Municipalities Contributions from Landfill Second Previous Surplus Sub -total Landfill Tipping Fees Municipal/Business Solid Waste Construction & Demolition Tires International Ship's Waste Asbestos Compostable Organics Electronics Recycling Paint Revenue Electrical Generation Interest Sale of Compost Recycling Other Surplus of second previous year Sub -total gffmlo�. Less: Contributions to Corporate Mr� .4. AT M not Governance Administration Subtotal Corporate Cooperative & Regional Planning Services Regional Planning Regional Policing Collaboration Regional Emergency Measures Planning Regional Economic Development Regional Sport, Recreation & Culture Infrastructure Planning & Cost -Sharing Subtotal Cooperative & Regional Planning Services Local Planning Services Planning Services Inspection Services Subtotal Planning & Building Inspection Services CORPORATE SERVICES SUB -TOTAL LANDFILL SERVICES Solid Waste Administration Office and Administration Professional Services Site Security Personnel Insurance Property Tarns Sub -total Administration Environmental Health & Safety Wages/Benefits Administration Domestic Well Sampling On Site Well Sampling Sub -total Environmental H & S Household Hazardous Waste Disposal Cost Electrical Building Maintenance Equipment Public Education Wages and Benefits Advertising, tours, promotional materials Administration Sub -total Public Education 148,800 210,194 53,850 59,585 192,193 229,865 105,682 36,734 500,525 536,378 6,804,000 6,804,000 168,000 168,000 3,750 3,750 2,000 2,000 28,000 28.000 204,400 204,400 5,000 5,000 3,600 5,000 150,000 150,000 0 0 5,000 5,000 230,000 230,000 30,000 30,000 331,176 239,534 7,964,926 7,874,684 8,465,451 8,411,062 192,193 229,865 8,273,258 8,181,198 68,800 68,800 185,059 234,812 253,859 303,612 0 2,600 0 0 0 0 10,000 0 10,000 7,500 20,000 10,000 88,244 85,031 138,422 137,736 226,666 222.767 500,525 536,379 67,621 60,864 119,000 96,000 5,700 4,200 190,273 199,850 161,500 128,000 244,650 239,990 788,744 728,904 89,963 94,952 13,995 8,904 12,100 12,800 46,000 51'100 162,058 167,756 25,000 25,000 6,000 6,000 2,000 2,000 4,500 4.800 37,500 37,800 142,987 144,181 98,475 90,775 21,200 23,200 262,662 258,156 61YA Budget Budget 2018 i 2019 Landfill Cover Material 130,500 130,500 Site Labour 781,887 757,160 Site non -labour operation (cell) 354,924 382,772 Site maintenance - roads, grounds, misc. 47,300 39,700 Re -sort 6,148 0 Special waste handling 9,500 9,500 Sub -total Landfill 1,330,259 1.319,632 Scalshouse Equipment Replacement Reserve 0 0 Wages/Beneft 158,758 166,171 Scale Equip/SuppliesiBank Fees 30,400 30,900 Sub -total Scalehouse 189,158 197,071 Gas Management/Electrical Generation Labour 101,699 112,685 Administration 11,800 9,550 Electricity 3,200 3,200 Equipment Replacement 0 0 Equipment Repairs/Fuels 133,400 129,900 Sub -total GM/Electrical Generation 250,099 255,335 Fiscal Services/Other Debt Cost Landfill 1,050,000 985,967 Composting 109,928 109,569 Cell Construction Fund 0 0 Capital Expenditures financed from Operating 510,000 489,880 2nd previous year deficit 0 0 Contributions to Corporate 192,193 229,865 Perpetual Care Fund 145,632 156,287 Host Community Enhancement 88,247 89,218 Support to CEI 24,209 24,475 Sub -total Fiscal Services/Other 2,120,209 2,085,261 Leachate Leachate management 634,917 688,822 Sedimentation Ponds 38,800 3,500 Sub -total Leachate Management 673,717 692,322 Waste Diversion - Recycling Depot Program Equipment Replacement Reserve - drop off depot 0 0 Operations - Drop off depot 709,818 664,244 Sub -total Recycling Depot Program 709,818 664,244 Waste Diversion - MRF Labour 452,253 527.917 Equipment Replacement 25,000 25,000 Operations 160,350 161,274 Sub -total MRF 637,603 714,191 Waste Diversion - Composting Program - Plant/Carts Equipment/Bldg Replacement Reserve - Composting 0 0 Processing 803,099 754,011 Sub -total -Composting -Plant 803,099 754,011 LANDFILL EXPENDITURES SUB -TOTAL 7,964,926 7,874,683 8,465,451 8,411,062 Excess revenue over expenditure for the period 0 -0 Less: Contributions to Corporate 192,193 229,865 Budget Total Expenditures 8,273,258 8,181,197 Budget Budget 2018 a 2019 Tonnage summary MSW 63,000 63,000 C & D 6,000 6,000 Special Tires 25 25 International Ships Waste 10 10 Asbestos 400 400 Special Waste 0 0 Organics 7,300 7,300 76,735 76,735 61YA 0 0 cu CL t " aj 0 0 0 x rLLU u u 0 0 u U- 0 U- i U < < uj CN Ln r� r, 0co 19t in Ln 0) co ko en Ln I�T 00 rn I -f N (D co 00 00 0 CO 0 w w 00 0� ai Cd � G� CN N 0 00 w ,It NN W N Ln C4 00 t -I I'- r, 04 �q rn N LO Ln LLJ N N NN aidca LU u Pa 0 hie E X OL 0) E -j < E u 0 a — — — — — Ln Ln N— N 0 LU bo 0 ca 0 ------------- C: a 0 A -I Z3 C LU U 9 CJ E ;R E E E CA E E < V1. to 13 ------------- 0 ci c, oj a: .2 ui 0 w > — — — — — — — DO — ----- — - ------ ------- ------- -La C: 0 0 u gd P x 0 — C: M Q en LA en 0 E :3 w Lj E E E c) E w 00 r, co li LQ7 51q CL E m w N m LD 00 V 0 CD 00 � .71 Ln N LO co 4v M Im gy u- P, co 0 E 9 a E < ME P -- — — — — — — — — — — — — r, Ln oo 0 — — — — — — — — — — — — — c cn CD 0 o w rn 00 ri —J--LJ—L- 0 N Vf M w 01 m O n 0 A m of a, n. a m co O1 n m a n C � n �n m 0 'o .-� n n > � N N Vl LT V} VY LY VY alF 4} t? a O N pt tp n M pj N M N m m �n w O O m m I W. 91, m V} SAIIliif J01. IIJ RII THE CHAMBER CC;IiAMN(:)NS) II 011�L6Slll� [ S The Chamber Announces Finalists & Recipients of the 34th Annual Outstanding Business Awards Awards Ceremony Now Includes New Award from the City of Saint John & Develop Saint John FOR IMMEDIATE RELEASE September 4, 2018 SAINT JOHN, NB - Today the finalists were announced for the Saint John Region Chamber of Commerce Outstanding Business Awards (OBAs) being held at the Delta Hotels by Marriott Saint John on Thursday, October 111h The annual awards gala honours the Saint John region's most dynamic and significant contributors in seven categories: Business Excellence, Entrepreneurial Achievement, Emerging Enterprise, Young Entrepreneur, Big Heart, Chair's Award and the Passion for Change award. "The OBAs celebrate, support, and encourage businesses in our community that are motivated to succeed," said Jim Quinn, Chair of the Saint John Region Chamber of Commerce. "Our region is a great place to both do business, and to be in business. The OBAs showcases that fact and we're thrilled to highlight and honour some of the many passionate and successful businesses in our community." This year, bolstered by its longstanding success, the event has expanded to include an award in collaboration with the City of Saint John and Develop Saint John, showcasing and celebrating development. "We are delighted to partner with The Chamber to offer an award from the City of Saint John and Develop Saint John recognizing developers who have had a positive impact on our city." said Don Darling, Mayor of the City of Saint John. "Now in its 341h year, the OBA's has evolved to become the most inclusive and dynamic awards event in our region. Open to all businesses, members and non-members alike, the gala truly represents business excellence in our entire area." Says David Duplisea CEO of The Saint John Region Chamber of Commerce. Ais] The Finalists (winners to be announced at the OBA gala event) Business Excellence: Homestar Inc, IntelSys Aviation Systems, Saint John Airport and Saint John Bowlarama. The winner will be chosen from the finalists based on performance or achievement in each of the following areas: sales growth; innovation; entrepreneurship; marketing; human resource development; community relations and the environment; and other achievements. Entrepreneurial Achievement: The Chapman Group and Taste of Egypt. This award is given to a company or individual based on performance and achievement in starting, substantially changing, or taking over an independent business venture. Emerging Enterprise: Millennia TEA Inc, Momentum Canada and Nexgen. This award category, added on the recommendation of members of previous judging panels, is open to new enterprises that are beginning to make their mark. The following winners will be celebrated at the OBA gala event The Chamber's Passion for Change OBA award exemplifies a person or persons that have decided to develop a business or businesses that fulfill their business and personal passion. This year's Passion for Change award is Queens Square Events, recognizing organizers Andre Robichaud and Liam Freill. The Chair's Award is presented annually to an organization or individual that demonstrated a substantial impact on residents of our community and contribute to the social fabric of the region. This year's recipient is Key Industries. The Young Entrepreneur Award is given each year to an individual who has shown great vision, creativity and innovation in creating a business. This years' Young Entrepreneur Award recipient is Justin Barry, owner of Ad -Just Lawn Maintenance. The Big Heart Award recognizes those who are working to make our community a better place through their philanthropic efforts. This years' award will be given to CHSJ Country 94 & 97.3 The Wave. Some past OBA recipients include: Blacks Transfer, Commercial Properties, Credit Counselling Services of Atlantic Canada, Hemmings House Pictures, Innovatia, and Revolution Strategy. A complete list of past recipients can be found at www.TheChamberSJ.com For additional information or to purchase tickets to the Outstanding Business Awards please call The Chamber at (506) 634-8111. AI The Saint John Region Chamber of Commerce is a nationally accredited business organization dedicated to fostering an economic climate that enhances growth, prosperity, and an improved quality of life in the community. The Chamber is a dynamic advocate and the principal voice for the business community of Greater Saint John. It offers a variety of programs, activities, services, and networking opportunities designed to enhance the business prospects of members and the overall business climate of the area. For more information contact: Carole Cunningham, ccunningham@TheChamberSJ.com, 634- 8111. I' COUNCIL REPORT M&C No. 2018-253 Report Date September 04, 2018 Meeting Date September 10, 2018 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Contract for eScribe Agenda Management Solution OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jonathan Taylor Neil Jacobsen RECOMMENDATION That the City enter into a subscription agreement with eScribe Software Ltd for a 3 year period at an annual cost of $16,500; and further, that the Mayor and Common Clerk be authorized to execute the Service Agreement. EXECUTIVE SUMMARY Staff is recommending that the City enter into a service agreement for eScribe's cloud -based meeting solutions. The City has been using eScribe software for Council and committee meeting management since 2012. The cloud -based product has a number of improvements and will result in productivity savings for the IT department and administrative staff. In addition, the City's web presence will improve through the addition of a meeting portal which will allow users and the public to access minutes and agenda materials for Council, committees, and boards in one central area. PREVIOUS RESOLUTION N/A REPORT The City of Saint John has been using eScribe software since 2012 to create and manage Council and committee meeting agendas. The product offers an automated paperless agenda solution with built-in workflows for the creation and approval of staff reports and agenda items. The company is based in Canada and has a large municipal clientele, including: Moncton, Saint John, Fredericton, W -2- Quispamsis, Bathurst as well as Hamilton, Burlington, Strathcona, Saskatoon, Kelowna, and the Niagara Region. The eScribe offerings have transitioned from software on premises to a cloud - based software as a service (SaaS) model. The cloud model offers a number of benefits, namely: • Improved access to agenda materials for the pubic, staff and Council • Improved web presence (Council and committee agendas will be accessed from one centralized location) • Hardware server costs are eliminated and IT resources are freed • Unlimited data and backups • Annual subscription includes customer support and product updates • Use only the space you require • Fully compliant with Canadian data privacy and sovereignty • Regionalized data centers in Canada • No installation required • Ability to work remotely with internet connection • Not affected by maintenance downtime • Hardware and data redundancy built-in • Disaster recovery plan In addition, a new internet publishing feature will allow staff to publish agendas immediately upon completion to the City's website with the click of a button, resulting in a streamlined agenda process. The new service will offer an enhanced user-friendly way for citizens to access Council and committee agendas via a new centralized location on the City's website. Agenda materials will be faster to access as users will be able to download the entire agenda package as a PDF, or simply access individual agenda reports via HTML without waiting to download the entire package. The cost for the eScribe service will be $16,500 annually on a 3 year agreement. The City currently pays $6500 annually for the software on premises model.- however odel;however it is projected that the increased annual cost will be offset by savings in productivity and IT related costs. With the upgrade, staff intend to expand the use of eScribe to include other boards and commissions, resulting in further efficiencies. Meeting minutes and agendas will become more standardized across the organization and its ABCs and access to these records will be improved for both internal and external stakeholders. STRATEGIC ALIGNMENT Continuous Improvement A*I -3 - SERVICE AND FINANCIAL OUTCOMES It is anticipated that the increased annual cost will be offset by savings in productivity. The internet publishing addition will offer a much improved method for accessing agendas via the City's website. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Information and Technology service area was consulted and is supportive of the recommendation. The City Solicitor's office was provided with the attached agreement for review. ATTACHMENTS eScribe Service Agreement AW Subscription Agreement IMiiur � , This Subscription Agreement (the "Agreement") together with any appendices referenced herein and attached hereto, is dated the day of , 2018; BETWEEN: eSCRIBE Software Ltd. ("eSCRIBE") IIIIIIINEVE The City of Saint John ("Customer") WHEREAS, eSCRIBE (and/or its affiliates) has developed certain proprietary software applications and platforms for the purpose of meeting and agenda automation which it makes available as services via the internet (the "Services"). NOW THEREFORE, the Customer desires to use the Services in accordance with the terms and conditions of this Agreement. Definitions "Customer Data" shall mean electronic data and information uploaded or inputted to the Services or created, generated or produced by the Customer during Use of the Services. "Data Storage: refers to the online electronic secure storage of Customer Data during the Use of the Services. "Documentation" includes any and all printed or electronic guides and manuals, including sales, marketing and training marterials provided by eSCRIBE for the proper Use of the Services. "Implementation Services" refers to the configuration and training services, and other services set out in Appendix C. "Location" refers to the Customer entities authorized to Use the Services as set out in Appendix D. "Support Services" shall mean the technical support and product updates for the Services as made available under eSCRIBE's Support Services set out in Appendix B. "Taxes" refers to all present or future sales tax, consumption tax and similar taxes. "Use" shall mean the ability for the Customer to login with user name and password and access the Services via the internet. 1. Services Confidential gg Page 1 of 23 Subscription Agreement 2018 Subscription Agreement IMiiur � , a. eSCRIBE shall provide the Implementation Services, the Services and the Documentation to the Customer subject to the terms of this Agreement. b. eSCRIBE shall provide the Implementation Services in a professional, timely, and competent manner and in accordance with industry standards. eSCRIBE shall make every effort and take all appropriate steps to carry out the Implementation Services to the reasonable satisfaction of the Customer, in such a manner as is in the best interests of the Customer, and in compliance with all federal and provincial laws, municipal by-laws, and policies and procedures of the Customer. c. eSCRIBE shall make the Services available twenty-four (24) hours a day, seven (7) days a week, and will credit the Customer 10% of the equivalent monthly Subscription Fees listed in Appendix A for each three (3) hour period for which the Services are unavailable for Use by the Customer in a monthly period. "Uptime" and "Downtime" is recorded and calculated on a monthly basis and will be applied as a credit towards the annual Subscription Fees listed in Appendix A, for the next year. Downtime does not include scheduled outages for software updates, server or network maintenance (which will generally be scheduled for weekends or after midnight eastern time), notification of which will be provided to the Customer's designated Support Contacts five (5) days in advance. Unsuitable Customer operating environment, including, but not limited to, inadequate end user computer configuration, installed third party software, internet connection issues or general internet congestion issues are excluded from any downtime calculations. Account credits of eSCRIBE for any twelve (12) month period is hereby limited to a maximum of twenty percent (20%) of the annual Subscription Fees listed in Appendix A paid by the Customer during the prior twelve (12) month period up to the outage. Downtime is measured from the time that a trouble ticket is registered with Support Services by the Customer for the Services being unavailable for Use or the time that eSCRIBE becomes aware that the Services are unavailable for Use (whichever is earlier), to the time the problem is resolved and the Services are restored. In the event that eSCRIBE becomes aware that the Services are unavailable for Use, eSCRIBE shall notify the Customer immediately. d. The Customer may not make available the Service for Use by any third parties. e. The Customer may not directly or indirectly through any third parties attempt to reverse -engineer or de -compile the operation of the Services in any manner through current or future available Confidential 67 Page 2 of 23 Subscription Agreement 2018 Subscription Agreement IMiiur � , technologies, except that Customer may modify the Customer Data to the extent and in the manner described in the Documentation. f. Customer Data, which shall be hosted in Canada along with all copies and backups, together with all intellectual property rights therein, will belong to the Customer and the Customer remains the sole and exclusive owner of the Customer Data. During the Term of this Agreement, the Customer may retrieve such data from the Services at any time and, within ten (10) days of the Customer's request, eSCRIBE will make available any Customer Data for export or download in native file format. eSCRIBE shall not access, use, disclose, sell, rent, transfer or copy the Customer Data for any purpose (or authorize or permit a third party to perform such acts) other than as required to perform eSCRIBE's obligations pursuant to this Agreement. g. At the execution of this Agreement and during the Term, eSCRIBE represents and warrants to and in favour of the Customer and acknowledges that the Customer is relying thereon as follows: eSCRIBE has the legal capacity and right to execute this Agreement and carry out and observe the provisions thereof to be performed or observed by eSCRIBE hereunder and to take all actions pursuant hereto and all necessary approvals have been given or obtained to authorize eSCRIBE to execute this Agreement and perform thereunder and to take all actions required pursuant hereto; ii. eSCRIBE's execution, delivery, and performance of this Agreement will not constitute a violation of any judgment, order or decree, a default under any agreement by which it or any of its assets are bound or an event that would, with notice or lapse of time, constitute such a default; iii. eSCRIBE has the full and unencumbered right to grant to the Customer access to and use of the Services as provided in this Agreement, either through ownership or licence, including upgrades, updates, improvements, modifications or enhancements to the Services including any third party components embedded in the Services, and that the rights granted herein will not violate the terms of its agreements with any third parties; iv. The Implementation Services and the Customer's access to or use of the Services or of the Documentation do not and will not conflict with, infringe upon or violate and are not alleged by any person to conflict with, infringe upon or violate the intellectual property rights of any other person. In addition, there Confidential 68 Page 3 of 23 Subscription Agreement 2018 Subscription Agreement are no existing or threatened legal proceedings brought against eSCRIBE in respect of the Services, the Documentation or the Implementation Services, or eSCRIBE's right to grant others the right to access and use the Services or the Documentation. Should eSCRIBE become aware of any such conflict, infringement or violation or potential conflict, infringement or violation, eSCRIBE will notify the Customer immediately; V. eSCRIBE's proprietary software applications and platforms are free of spyware and malware of any kind; vi. The Services and the Implementation Services provided by eSCRIBE hereunder will comply with the service and functional specifications set out in this Agreement, including the Documentation; vii. eSCRIBE will provide personnel who have the necessary technical skills, qualifications, experience, and training to provide information and expertise to the Customer in accordance with this Agreement; and viii. The Documentation is complete and will allow the Customer to access and use the Services. h. eSCRIBE shall retain such records in respect of the provision of the Implementation Services or of the Services and the fulfillment of its obligations hereunder as the Customer may from time to time reasonably require and shall make such records available at any time for inspection by the representatives of the Customer. 2. Support Services a. During the Term of this Agreement, eSCRIBE will provide the Customer the Support Services as described in Appendix B. 3. Fees a. The first years Subscription Fees and the Implementation Fees as described in Appendix A, are due upon the date of this Agreement, and the Subscription Fees are due annually thereafter. b. Implementation Fees are for remote personnel, optionally should the customer wish to have eSCRIBE provide onsite training, travel and living expenses would apply. c. All fees and other charges set forth in this Agreement are exclusive of any and all applicable Taxes due to eSCRIBE from Customer. Payment of all applicable Taxes shall be the responsibility of the Customer. If any Confidential gg Page 4 of 23 Subscription Agreement 2018 Subscription Agreement IMiiur � , such Taxes has to be withheld under this Agreement, Customer shall increase payment under this Agreement by such amount as to ensure that eSCRIBE has received an amount equal to the payment otherwise required after such withholding or deduction. d. The Fees includes unlimited Data Storage during the active Term of this Agreement. Additional Data Storage charges may apply for ongoing Data Storage of Customer Data for previous Terms of this Agreement. e. All payments are due thirty (30) days from the date of invoice. f. All references to currency are in Canadian Dollars. 4. Term a. The term of this Agreement commences on the date of this Agreement for a period of three (3) years, and will automatically renew for an additional Term unless notice of cancellation is received 60 days prior to the expiry of the Term (the "Term"). 5. Termination a. Either party may terminate this Agreement upon written notice to the other party in the event the other party becomes bankrupt, becomes insolvent, makes an assignment for the benefit of creditors, makes any arrangement for the liquidation of its debts or a receiver or a receiver and manager is appointed with respect to all or any part of its assets, or commences winding up proceedings, or bankruptcy or insolvency proceedings are instituted by or against such party, and such proceedings are not removed within sixty (60) days. b. If this Agreement is terminated by the Customer before the end of the Term other than for a breach of this Agreement on the part of eSCRIBE, the Customer will be liable for a termination penalty amounting to 35% of the remaining Subscription Fees (Annual Software and Support Fee) due to the end of the Agreement if terminated in the first year, 25% of the remaining Subscription Fees (Annual Software and Support Fee) due to the end of the Agreement if terminated in the second year and 15% of the remaining Subscription Fees (Annual Software and Support Fees) due to the end of the Term if terminated in the third year or subsequent year of the Agreement. c. Either party may terminate this Agreement upon written notice to the other party in the event that one party breaches any term or condition of this Agreement, provided that the non -breaching party Confidential 70 Page 5 of 23 Subscription Agreement 2018 Subscription Agreement IMiiur � , gives the other party notice of the breach, and such breach is not remedied to the non -breaching party's satisfaction within ten (10) days after delivery of such notice. d. Within thirty (30) days after the termination of this Agreement pursuant to section 5 (a) or section 5 (c), eSCRIBE shall refund to the Customer any fees paid by the Customer for the period from the date of termination to the end of the Term on a pro -rated monthly basis commencing with the month following the date of termination. e. Within thirty (30) days after the termination or expiration of this Agreement, eSCRIBE shall make available to the Customer any Customer Data stored on the Services for export or download in native file format. After the thirty (30) day period, eSCRIBE will delete or destroy all copies of Customer Data in its possession or control, unless legally prohibited and upon request, provide the Customer with a Certificate of Destruction. 6. Limitation of Liability a. Liability of eSCRIBE under this Agreement will be limited to the maximum amount of the annual Subscription Fees listed in Appendix A. eSCRIBE will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Customer arising out of the use or failure to use the Service. 7. Indemnity a. eSCRIBE shall indemnify and hold harmless the Customer (including its elected officials, officers, representatives, agents, employees, volunteers, and affiliates) against any and all claims, demands, losses, suits, damages (including indirect, special, consequential, remote, and economic damages), fees, fines, royalties, liability, and expenses (including reasonable lawyer's fees) arising out of any suit, claim or action relating to eSCRIBE's performance or non-performance of its obligations pursuant to this Agreement, including any breach of any representation or warranty, or for actual or alleged direct or contributory infringement of, or inducement to infringe, any intellectual property right relating to the Implementation Services, the Services or the Documentation or for actual or alleged misuse or misappropriation of a trade secret resulting directly or indirectly from Confidential 71 Page 6 of 23 Subscription Agreement 2018 Subscription Agreement IMiiur � , eSCRIBE's action. These obligations of indemnity will survive the termination or expiration of this Agreement however caused. b. eSCRIBE shall have no liability hereunder for any claim of intellectual property infringement based on the combination, operation or use of the Service with software, hardware or other materials not furnished or approved in writing by eSCRIBE if such infringement would have been avoided without such software, hardware or other materials. c. In the event the Service or a component part thereof is held by a court of competent jurisdiction, or is believed by eSCRIBE, to infringe or potentially infringe a third party's rights, eSCRIBE shall, with prior notice to the Customer, (i) modify, at its expense, the Service to be non - infringing; provided that such modification does not adversely affect the Service as set out in this Agreement, or (ii) obtain for Customer the right to continue using the Service in its current state at no additional expense to the Customer, or (iii) if eSCRIBE determines that neither of the foregoing options are reasonably available, eSCRIBE may terminate this Agreement and refund any prepaid Fees to the Customer for which it has not received Services. 8. Confidentiality a. "Confidential Information" means all information disclosed by one party (the "Disclosing Party") to the other party (the "Receiving Party"), whether verbal or in writing, that is marked as confidential or that reasonably should be understood to be confidential given the nature of the information. The Customer's confidential information includes Customer Data, and eSCRIBE's confidential information includes the Services and Documentation. Confidential information of each party includes, the terms of this Agreement, as well as current and future technical specifications, product plans, features and roadmaps, business and marketing plans, customer lists and relationships, costs and pricing strategies, financial and employee information and records, as they may be disclosed by either party during the Term of this Agreement. b. Confidential information does not include any information that (i) is or becomes publicly available without a breach of the terms of this Agreement, (ii) is received from a third -party without breach of any obligation owed to the Disclosing Party, or (iii) the Receiving Party is entitled to disclose in response to a court order or as otherwise required by law; provided that the Receiving Party notified the Confidential 72 Page 7 of 23 Subscription Agreement 2018 Subscription Agreement Disclosing Party prior to such disclosure forthwith after receipt of such order to give the Disclosing Party time to contest such order. c. All Confidential Information shall remain the sole property of the Disclosing Party. d. The Receiving Party shall not divulge or disclose any Confidential Information communicated to or acquired by it, or disclosed by the Disclosing Party in the course of carrying out this Agreement. No Confidential Information will be used by the Receiving Party on any other project or for any other purpose without the prior written consent of the Disclosing Party, which consent may be unreasonably withheld. The Receiving Party shall receive and store the Confidential Information with the same degree of care that it uses to protect the confidentiality of its own confidential information from unauthorized use, duplication or disclosure to third parties; provided such standard is no less than a reasonable standard considering the nature of the Confidential Information. e. Upon termination or expiration of this Agreement, the Receiving Party shall immediately cease to use Confidential Information in any manner whatsoever, shall return to the Disclosing Party or securely destroy all Confidential Information, and shall not retain any copies of the Confidential Information. f. These obligations of confidentiality will survive the termination or expiration of this Agreement however caused. 9. Non -Solicitation The Customer agrees that during the term of this Agreement, and for a period of one year following the date of termination of this Agreement not to attempt to obtain withdrawal from eSCRIBE of any employee or person retained or engaged by eSCRIBE in any capacity whatsoever. 10. Insurance a. eSCRIBE shall obtain and maintain in force during the Term of this Agreement the following policies of insurance: General liability insurance insuring eSCRIBE's obligations and responsibilities with respect to the performance of services as set out in this Agreement. The policy will be extended to include bodily injury and property damage, products and completed operations, personal and advertising injury, Implementation Services, contingent employer's liability, and contractual liability to a limit of no less than two million dollars ($2,000,000) per Confidential 73 Page 8 of 23 Subscription Agreement 2018 Subscription Agreement occurrence. The policy will include a cross liability and severability of interest clause and be endorsed to name the Client as an additional insured; ii. Non -owned automobile insurance to a limit of no less than one million dollars ($1,000,000); iii. If applicable, automobile insurance (OAP1) for both owned and leased vehicles with inclusive limits of no less than one million dollars ($1,000,000); and iv. Errors and omissions liability insurance insuring eSCRIBE to a limit of no less than one million dollars ($1,000,000) per claim and five million dollars ($5,000,000) in the aggregate. The coverage under the policy will be maintained continuously during the Term of this Agreement and for an additional two (2) years after the termination or expiration of this Agreement and will cover insurable losses arising out of or in association with an error or omission in the rendering of or failure to complete and provide the services as set out in this Agreement. Coverage under the policy will respond to, but not be limited to the following occurrences: A. Privacy breach and violations as a result of but not limited to unauthorized access to or wrongful disclosure or dissemination of private information, failure to properly handle, manage, store, destroy or control personal information and include the failure to comply with privacy laws and their respective regulations regarding the collection, access, transmission, use, and accuracy. Coverage will extend to include the costs associated with notification of affected parties, regardless if required by statute as well as any fines or penalties or costs imposed as a result of the breach including defence of any regulatory action involving a breach of privacy; B. Network Security to protect against incidents arising from system security failures such as, but not limited to, unauthorized access, theft or destruction of data, electronic security breaches, denial of service, spread of virus within eSCRIBE's computer network or other third party computer information systems and will further include expenses related to third party computer forensics; C. Privacy Breach Expenses including crisis management related to electronic and non -electronic breaches; Confidential 74 Page 9 of 23 Subscription Agreement 2018 Subscription Agreement D. Content or media liability including personal and advertising liability, intellectual property infringement coverage (copyright, trademark, trade name, service mark, trade dress or trade secret) arising out of media content created, produced or disseminated by eSCRIBE; E. Coverage for delay in performance of a contract or agreement resulting from an error or omission; and F. Coverage for damages resulting from dishonest and criminal acts committed by an employee of eSCRIBE. If coverage is to be cancelled or non -renewed for any reason, eSCRIBE shall provide the Customer with ninety (90) day notice of said cancellation or non -renewal. The Customer may request an Extended Reporting Endorsement be purchased by eSCRIBE at eSCRIBE's expense. The term of the Extended Reporting Endorsement will be decided by the Customer and eSCRIBE. b. eSCRIBE shall ensure that all policies of insurance will: L be written with an insurer properly licensed to do business; ii. contain an undertaking by the insurers to notify the Customer in writing no less than thirty (30) days prior to any termination or cancellation of coverage unless otherwise required by law; and iii. be non-contributing with and will apply only as primary and not excess to any other insurance or self-insurance available to the Customer. c. Any deductible amounts will be borne by eSCRIBE. d. eSCRIBE shall deliver to the Customer certificates of insurance evidencing renewal or replacement of policies required under this Agreement at least fifteen (15) days prior to the expiration or replacement of the current policies without demand by the Customer. e. If eSCRIBE fails to maintain in force any insurance required to be maintained by it hereunder, then the Customer, without prejudice to any of its other remedies, may obtain such insurance on behalf of and at the cost of eSCRIBE. f. eSCRIBE and its agents, volunteers, contractors, subcontractors, employees, and insurer(s) hereby release the Customer from any and all liability or responsibility, including anyone claiming through or under them, by way of subrogation or otherwise for any loss or damage which eSCRIBE may sustain incidental to or in any way related to eSCRIBE's obligations under this Agreement. Confidential 75 Page 10 of 23 Subscription Agreement 2018 Subscription Agreement 1 1. Advertising a. Customer agrees that eSCRIBE may use and disclose Customer's name in its marketing material with prior written approval of the Customer, which will not be unreasonably withheld. 12. Trademarks a. Any trademarks and service marks ("Trademarks") adopted by eSCRIBE to identify the Services, Documentation and other products and services, belong to eSCRIBE. Nothing herein grants, or shall be construed to grant, to Customer any rights to such Trademarks. 13. Development Input a. Customer shall be entitled to provide eSCRIBE with information and feedback concerning the Service's functional requirements and product definition which eSCRIBE shall consider when formulating the product development roadmap and plans. This co-operative process between eSCRIBE and the Customer does not create any obligation upon eSCRIBE to adhere to Customer's feedback, nor does it create any ownership interest in the Services on the part of Customer should eSCRIBE incorporate any of Customer's suggestions into the development plan or ultimately into the Services. 13. General Provisions a. Relationship of Parties. In all matters relating to this Agreement Customer and eSCRIBE are independent contractors, and nothing in this Agreement shall be deemed to place the parties in the relationship of employer-employee, principal -agent, partners, or joint ventures. b. Entire Agreement. This Agreement, including all Appendices, is the entire Agreement between the parties and supersedes all prior negotiations, understandings and agreements between the parties concerning the subject matter hereof. No amendment or modification of this Agreement shall be made except by written agreement of both parties. c. Ride Along: The terms of this Agreement may be extended for use by other parties, including: municipalities, school boards and government agencies upon execution of an addendum outlining the associated Confidential 76 Page 11 of 23 Subscription Agreement 2018 Subscription Agreement Services and Fees applicable. This term is not intended to circumvent any procurement rules and regulations of the additional party. d. No Waiver. The failure of either party to exercise any right or the waiver by either party of any breach shall not prevent a subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of the Agreement. e. Partial Invalidity. Should any provision of this Agreement be held to be void, invalid, or inoperative, the remaining provisions of this Agreement shall not be affected and shall continue in effect as though such provisions were deleted. f. Force Majeure. Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, act of government, or any other similar cause beyond the reasonable control of such party ("Force Majeure"), provided that such party gives the other party written notice thereof promptly and, in any event, within ten (10) days of discovery thereof and uses its reasonable efforts to cure the delay. Upon receipt of such notice, all obligations under this Agreement shall be immediately suspended. If the period of non-performance exceeds ten (10) days from the receipt of notice of the Force Majeure event, the party whose performance has not been affected may, by giving written notice, immediately terminate this Agreement. g. Assignment; Enurement. Either party may assign this Agreement or any of its obligations hereunder without the prior written consent of the other party. This Agreement shall be binding upon and enure to the benefit of the parties to this Agreement and their respective heirs, legal representatives, successors, and permitted assigns h. Injunctive Relief. The parties recognize that a remedy at law for a breach of the provisions of this Agreement relating to either party's Confidential Information will not be adequate for the non -breaching party's protection, and accordingly the non -breaching party shall have the right to seek, in addition to other relief and remedies available to it, injunctive relief to enforce the provisions of this Agreement in any court of competent jurisdiction. i. Governing Law. This Agreement shall be governed and interpreted in accordance with the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein. Confidential 77 Page 12 of 23 Subscription Agreement 2018 Subscription Agreement j. Calendar Days. All references to a day or days in this Agreement mean a calendar day or calendar days. k. Time of the Essence. Time is of the essence of this Agreement and of every part hereof and no extension or variation of this Agreement will operate as a waiver of this provision. I. Survival. All obligations of the parties which expressly or by their nature survive termination or expiration of this Agreement will continue in full force and effect subsequent to and notwithstanding such termination or expiration and until they are satisfied or by their nature expire. m. Headings. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa. n. Notice. Any notice required or permitted to be sent hereunder shall be in writing and shall be sent in a manner requiring a signed receipt, such as courier delivery, or if mailed, registered or certified mail, return receipt requested. Notice is effective upon receipt. Notice to both parties shall be to the address and contact set forth below and updated from time to time. eSCRIBE Software Ltd. 204-60 Centurian Drive Markham, ON L31R 9R2 Attention: Office of the President Customer Contact Info for Notices: City of Saint John 15 Market Square PO Box 1971 Saint John, New Brunswick E2L 4L1 Attention: Jonathan Taylor, City Clerk / Manager of the Office of the Common Clerk Confidential 78 Page 13 of 23 Subscription Agreement 2018 Subscription Agreement The undersigned parties hereby enter into this Agreement, eSCRIBE Software Ltd. Signature Authorizing Officer The City of Saint John Signature Authorizing Officer I have the authority to bind the organization Confidential 79 Page 14 of 23 Subscription Agreement 2018 Subscription Agreement Appendix A - Fees eSCRIBE Online Migration (with Internet Publishing) Accessibility Bundle Annual $ 16,500 1 $ 16,500 eSCRIBE Meeting Manager INCL eSCRIBE Report Manager INCL eSCRIBE Internet Publishing INCL ADFS Integration (Single Sign On) Optional/Annual $ 2,500 0 $ - Total - Annual Software and Support Fees $ 16,500 0: Data Migration One Time $ 1,500 1 $ 1,500 Internet Publishing Setup & Configuration One Time $ 2,000 1 $ 2,000 Internet Publishing Training One Time $ 1,200 0.5 $ 600 ADFS Setup & Configuration Optional/One Time $ 2,500 0 $ - Total - One-time Implementation Fees $ 4,100 Total Year One Fees $ 20,600 Total - Annual Support and Software Fees $ 16,500 Pricing Notes: 1. Software license fees are for the eSCRIBE Solution as outlined in this proposal. 2. All fees are in in CAD and are exclusive of any applicable taxes 3. License, annual support and services fees are invoiced upon acceptance of this quotation. 4. Annual support fees will be renewed 1 year from date of initial invoice. 5. Payment Terms are Net 30 from date of invoice. Confidential 80 Page 15 of 23 Subscription Agreement 2018 Subscription Agreement .�SCRIBE Appendix B - Support Services Subject to the terms and conditions of this Agreement, eSCRIBE shall perform the Support Services as defined. Definitions: The definitions used in the Agreement are incorporated herein. In addition, the following terms shall have the following ascribed to them: "Business Hours" means the hours during which eSCRIBE's helpdesk is available to take live incoming calls, emails and be available to respond to the Customer's Support Contacts, namely 8:00 a.m. to 8:00 p.m., Monday through Friday eastern time (excluding statutory holidays). "Support Contacts" means the Customer designated individuals (to be identified in the attached Problem Reporting Schedule) and any replacements designated in writing to eSCRIBE who will serve as technical liaison between eSCRIBE and Customer and who are to have technical knowledge and experience with the Services used by the Customer. "Updates" shall mean fixes, patches, modifications, improvements to functionality or revisions to the Services and Documentation. All other capitalized terms shall have the meanings set out in the Agreement. Support Services: eSCRIBE will provide the following services to Customer: a. Technical assistance by telephone or electronic mail. b. Receipt and monitoring of calls during Business Hours at eSCRIBE' s support desk. c. Direct access for Customer Support Contacts to eSCRIBE' s team of support technicians. d. Provision of any available problem solutions related to the Services e. Make reasonable commercial efforts to provide a response to all reported problems in the manner described in the Problem Reporting Process below. f. Make available any Updates to the Services and Documentation at no additional charge, subject to Customer's responsibility for any Implementation Services fees for any new Services. Exclusions: a. Customer's third party hardware and software not part of this Agreement. Confidential 81 Page 16 of 23 Subscription Agreement 2018 Subscription Agreement IMiiur � , Problem Reporting Process: Step 1: Contact eSCRIBE using one of the following methods: Toll free number 1-855-299-0023 Email: support@escribemeetings.com Portal: https://customerportal.escribemeetings.com Step 2: Provide the following information: Provide Support Contact's name, location the Services are in Use, telephone number and E-mail address. Step 3: Provide a description of the problem. Provide as much detail, including system error messages and screen printouts, as possible. eSCRIBE assign a Priority Level based on the response matrix below. 1- Complete Services or business Within 2 hours Every 4 hours critical functions unavailable or impaired 2- Specific Services functions Within 4 hours Every 8 hours unavailable or impaired 3- Services operational, isolated Next Business Day As required on each or individual user issues reported incident eSCRIBE shall assign a ticket number to reference the case in all future communications with Customer regarding the reported incident. Customer understands that failure to provide accurate and detailed call information as described above may increase the amount of time needed by eSCRIBE to diagnose the problem and develop a possible solution. Regardless of the priority assignment, Customer's problem must relate to the Services in order for Support Services to be applied hereunder. Where eSCRIBE is required to perform Support Services outside of the scope of the Agreement, including but not limited to investigations, efforts and resolutions pertaining to third party software, hardware, networks or facilities, eSCRIBE shall charge Customer at its daily Implementation Services rate for the services rendered. Confidential 82 Page 17 of 23 Subscription Agreement 2018 Subscription Agreement IMiiur � , Using the Customer Community Portal, customers are able to check the status of their support tickets at any time. The case will not be closed by eSCRIBE until receipt of written confirmation from the Support Contact that the problem has been resolved. If written confirmation or feedback is not received within ten (10) business days, it will be assumed the problem has been resolved and the case will be closed. General Support Terms: a. The Support Contacts will be the only persons authorized to receive the Support Services hereunder and to instruct eSCRIBE in respect of Support Services. b. The delivery of Support Services hereunder does not extend to: i) Inadequate Customer computer configurations, installed third party software, internet connection issues or general internet congestion issues; ii) Services which have been altered, modified or improperly configured by the Customer, its customers, or any third party without eSCRIBE's prior written consent; iii) failures related to an accident, disaster or other Force Majeure event; iv) any unauthorized use of the Services; c. eSCRIBE warrants that its Support Services personnel shall deliver services in a professional manner and in accordance with industry standards. d. Response and resolution times provided in the Problem Reporting Process or otherwise whether orally or in writing, are intended as good faith estimates, guidelines or objectives only and are not to be taken as warranties or representations. Confidential 83 Page 18 of 23 Subscription Agreement 2018 Subscription Agreement Appendix C - Migration Implementation Services On -Premise to Online Migration eSCRIBE shall perform the following Online Migration Services as defined, below: Confidential 84 Page 19 of 23 Subscription Agreement 2018 W Pre- Upload Content The City will backup the current on- Saint John IT Team Migration Database premise environment's content Day 0 database and upload it to eSCRIBE Azure Storage site. Once complete, eSCRIBE will be informed that the database is ready to transfer. Migration Download Content Begininng on the first day of the eSCRIBE Technical ll)ay 1 Database migration, eSCRIBE will download the Team production content database from the Azure Storage site. Migration Mount Content After the content database has been eSCRIBE Technical ll)ay 1 Database downloaded, eSCRIBE will mount the Team database to the eSCRIBE Online SQL cluster. Migration Attach Content Once the content database has eSCRIBE Technical ll)ay 1 Database to Staging been mounted to the SQL cluster, Team Server eSCRIBE will attach it to the staging server. iigiraf'moin Deploy the eSCRIBE On the second day of the migration, eSCRIBE Technical ll)ay 2 Solution & Upgrade to eSCRIBE will begin by deploying the Team the latest version of eSCRIBE Solution and upgrading the eSCRIBE content database to the lastest version. iigiraf'moin Generate User List from eSCRIBE will generate a user list from Jonathan Taylor ll)ay 2 Content Database and the content database and send it to Send to York Chris. Chris will then send it to Jonathan to verify each user's email address and role (admin, participant or contributor). Jonathan can also identify any users that do not need to be migrated in the document, as well as. Once this is completed, Jonathan can return the document to Chris who will forward it to eSCRIBE's Technical Team. iigiraf'moin Detach Content Once the upgrade steps are eSCRIBE Technical ll)ay 2 Database from Staging complete, eSCRIBE will detach the Team Confidential 84 Page 19 of 23 Subscription Agreement 2018 Subscription Agreement IMiiur � , Confidential 85 Page 20 of 23 Subscription Agreement 2018 Server and attach to the content database from the Staging Online Server Server and attach it to Online Server. iigirafmoin Configure the City's After the content database has been eSCRIBE Technical ll)ay 2 webapp webconfig attached to the Online Server, Team eSCRIBE will configure the webconfig of the City's webapp to match the site name value. AVI' gi r�,'Hoi I ADFS Configuration (if On the final day of the migration eSCRIBE Technical D,,','Y required) or Forms window, eSCRIBE will configure the Team Authentication ADFS integration on the Online Configuration Environment Server. If ADFS integration is not required, Forms Based Authentication will be configured. AVI' gI tll l I I User Migration After the ADFS/Forms has been eSCRIBE Technical configured, eSCRIBE will conduct the Team user migrarion. We will take the user list that was reviewed and cross check it with the user list generated from the production content database to get the UserlD for each. We will then migrate the users listed in the reviewed user list document. AVI' gI tll l I I Internet Publishing After the user migration is completed eSCRIBE Technical D,,','Y iFrame Setup and using the Internet Publishing Team / Saint John IT Configuration document that was Team sent to Jonathan to complete and return, eSCRIBE will create the City's publishing site and will configure the CSS styling to match the City's website. When this is complete, the City can then embed the iFrame onto a page in the website using the Integrating with Website document. AVI' gi r�,'Hoi I General Testing Once the User Migration aspect is eSCRIBE Technical complete, the migration process is Team / Chris Phagoo finished. eSCRIBE's Support Team will then complete general testing of the system (Create new meeting site, test features... etc.) and inform the City that the process has been completed and schedule a GoToMeeting session to walkthrough the new portal. Confidential 85 Page 20 of 23 Subscription Agreement 2018 Subscription Agreement IMiiur � , Migration Contingency Day This day is reserved as a contingency eSCRIBE Technical Iaar 4, day in the event that the migration Team tasks outlined above require additional time to complete. For example, if troubleshooting a situation causes a delay in the process. T3 m Internet Publishing eSCRIBE will schedule a'/2 day session eSCRIBE Trainer / Saint Pei ii Training to train the City's administrator users John Administrator Users .,%ml:e i on the Internet Publishing module Confidential 86 Page 21 of 23 Subscription Agreement 2018 Subscription Agreement Appendix D - Authorized Customer Locations Name Address IMiiur � , Authorized Contact Confidential 87 Page 22 of 23 Subscription Agreement 2018 Subscription Agreement Appendix E - Modification to Services The Customer wishes to modify the Services as defined below, effective the day of , 201, in accordance with the terms and conditions of the Client Subscription Agreement (the "Agreement"), SPrviCPc FPPR' $ Total - Annual Subscription Fees $ Implementation Fees: The first years Subscription Fees and the Implementation Fees are due upon the date of this Appendix, and the Subscription Fees are due annually thereafter. The undersigned parties hereby enter into this Agreement, eSCRIBE Software Ltd. Signature Authorizing Officer The City of Saint John Signature Authorizing Officer I have the authority to bind the organization Confidential 88 Page 23 of 23 Subscription Agreement 2018 Total Training Fees $ $ Total - One-time Implementation Fees $ The first years Subscription Fees and the Implementation Fees are due upon the date of this Appendix, and the Subscription Fees are due annually thereafter. The undersigned parties hereby enter into this Agreement, eSCRIBE Software Ltd. Signature Authorizing Officer The City of Saint John Signature Authorizing Officer I have the authority to bind the organization Confidential 88 Page 23 of 23 Subscription Agreement 2018 I. 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Q) --f- 4, Q) u (y) Q) -� Q) COUNCIL REPORT M&C No. 2018-250 Report Date August 14, 2018 Meeting Date September 10, 2018 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Transportation & Environment Services Refuse and Compost Collection Vehicle Colour Change OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Katherine Shannon Michael Hugenholtz m I Neil Jacobsen RECOMMENDATION It is recommended that Common Council: 1. Allow a change in fleet colour for the refuse and compost collection vehicles,; and 2. Notwithstanding the existing City of Saint John Vehicle Policy; replace the "Explorer Crest" with the "Waste Wise" logo on the front driver's side and passenger's doors and include the words "Saint John" to be placed directly under the Waste Wise logo, EXECUTIVE SUMMARY The City of Saint John's vehicle policy currently identifies that all light trucks and cars have a consistent colour of white, which currently includes the City of Saint John's refuse and compost collection vehicles. Larger construction vehicles are exempted. The refuse and compost collection vehicles do not fall within the light truck and car categories and are not used in the same manner, therefore wear of paint and rusting is prominent on the collection fleet (see attached photo of collection fleet). This is unsightly to the public and does not represent the image that the City wants to portray. `[9LI -2 - It is recommended that collection vehicles be purchased in a consistent colour of dark blue to show minimal effects of wear and rusting while complementing the City's Explorer Logo and Waste Wise brand. PREVIOUS RESOLUTION RESOLVED that as recommended by the City Manager, the City of Saint John Vehicle Policy be amended in order to better provide for vehicle identification, and specifically articles 4.2 and 4.3 of section 4.0 GUIDELINES, be replaced with the recommended articles as contained in the submitted statement. REPORT At its May 7, 2007 meeting, Common Council passed a resolution to eliminate any reference to various departmental colours and that a consistent colour of factory white; be used for all cars and light trucks with the exception of larger construction vehicles. The refuse and compost collection vehicles are also white. These vehicles require consistent cleaning and washing due to their purpose and therefore paint wears quickly and there is considerable rust on the vehicles. It is not feasible or cost effective to paint these vehicles annually to keep them visually acceptable. Due to this, it would be more prudent to present these vehicles to the public with a colour that does not show rust as prominently as white. Dark blue was selected to distinguish from other collection agency vehicles within the City, minimize the ability to see rust as obviously and complement the Explorer and the Waste Wise Logos to stand out. The change in colour would be a phased approach through the Fleet replacement program. Each time a refuse vehicle is due for replacement it will be purchased in the dark blue colour. STRATEGIC ALIGNMENT N/A SERVICE AND FINANCIAL OUTCOMES There is no additional cost during the fleet replacement process to have these vehicles purchased in an alternate colour than white. `Wee -3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Fleet Management has reviewed this report. ATTACHMENTS Photo of Collection Fleet Council Resolution M&C 2007-134 Council Report City of Saint John Vehicle Policy Waste Wise Logo 8[91:1 ` IYA `DU] `tole.] 110 Ship I,, 1A01 N; Subject. Vehicle Identification Amendment Category: Policy - Policy No.: 2007-05-07 MSC Report No.: 2007-134 Effective Date: 2007-05-07 Next Review Date:. (3 years) �_-- Area(s) this policy applies to: Finance and Office Responsible for review of this Policy: Fleet Administrative Services Management Related Instruments: Vehicle Policy Policy Sponsor: Document Pages: This document consists of 9 pages. Revision History: Vehicle Policy-Adopted November 26, 1990 Vehicle Identification Amendment — May 7, 200'7 , , ,,,- Common Clerk's Annotation for Official eRecord Date of Passage of Amendment to Policy: May 7, 2007 t l certify that this Policy was adopted by Common Council as Indicated above r ... ..une7,2.017 Common Clerk Date ............ Date Created: Common Council Approval sate: Contact: 2007-05-04 2007-05-07 Fleet Management Manager 110 TABLE Of CONTENTS 1.COUNCIL RESOLUTION ...... ........... --- ... ---- ....... -..... ............ -...................... ---- .---- 1 2.COUNCIL REPORT- ......... ........ __._-_-.-....... ....~..~'~.-'............. ............... ..2 3.POLkCY-...... -_---_...... ........ ........ --- ................................... .... --._....... ... ..... 6 ill POLICY —CITY VEHICLE IDENTIFICATION Common Co unci I Meeting — May 7, 20107 RESOLVED that as recommended by the City Manager, the City of Saint John Vehicle Policy be amended in order to better provide for vehicle identification, and specifically articles 4.2 and 43 of section 4,0 GUMEUNES, be replaced with the recommended articles as contained in the submitted statement. 112 tex, K, 61, im 1; M & C — 2007-134 4 May 2007 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Vehicle Identification At its regularly scheduled meeting of Monday May 15, 1995, Common Council adopted a resolution which saw a change to the City's Vehicle Policy as it related to the identification of vehicles within the fleet. At the time of the change all cars and light trucks, with certain exceptions, were painted the same colour as the larger trucks and construction equipment, ie School Bus Yellow. A review of this practice illustrated the additional cost incurred by the City to have these vehicles painted prior to delivery. At the time the successful bidders would order the cars and trucks awarded to them to be delivered white, Upon delivery these vehicles would be painted, inside and out, yellow. Once delivered to the City the necessary city crest decals, departmental identifiers and numbers would be applied by City forces. The additional cost per vehicle for this level of standardization was estimated, given the size and configuration of the vehicle, to be between $800.00 and $1,500-00. The adopted change saw the elimination of the need for all vehicles to be supplied in the standard yellow colour and be replaced with vehicles which were in keeping with the manufacturer's standard fleet colours. Individual departments were to be identified by their chosen colours, for example; Municipal Operations vehicles in this category were to be delivered with a standard manufacturers fleet dark blue, Leisure Services vehicles were to be manufacturers green and so on. MR 0-13=1 ANALYSIS: In recent years it has become obvious that there is no consistency between the manufacturer's for colour tones. The dark greens and blues of the late 90's and early 2000's have given way to more pastel colours. In addition the Ford blue, the GM blue and the Chrysler blue are all different. This has, in recent years, lead to a rainbow effect within the fleet and little consistency within departments. In addition, staff has experienced, in 2006 and again in 2007, situations where the low bidder, in 2 cases, and the next low bidder have been unable to meet the City's fleet colour needs, neither one rnanufactures a green car! Staff has spent considerable time exploring alternatives as a means of addressing what is quickly becoming a major problem. We believe the following solution to Fleet Identification will prove to have more longevity than the previous recommendation and will be a very cost effective approach. It is recommended that the City's Vehicle Policy be amended, on a go forward bases, to eliminate any reference to various departmental colours and that a consistent colour, white, be applied to all new vehicles purchased within this category. All new cars and light trucks, with the exception of larger construction vehicles and those noted in the attached recommended revised policy statement, will be purchased as manufacturer's standard fleet white. No vehicles presently in the fleet will be repainted unless major body repairs require a complete repainting job. WHY WHITE? There are a number of reasons for this recommendation but some of the more important ones are; • A white vehicle shows off vehicle numbers and decals better than a coloured vehicle will. This has been a problem for years. The present decals do not show up well on dark coloured vehicles. • According to some "industry representatives a white vehicle will recover more upon resale. There appears, on resale, to be a higher demand for white cars and light trucks. It is suggested this may be due to the fact that white vehicle are easier and less expensive to repaint. • There are more white vehicles produced annually, for the commercial market, than any other individual colour and therefore delivery times may be shortened as a result. • Other City related agencies and large vehicle fleets have already switched to white vehicles, Saint John Energy and Aliant for example. ® A large number of City owned vehicles are already purchased white, Sanitation Packers, Building Inspection vehicles, Saint John Police Force patrol units. ME1 Page Three Clad it i�a?fir7al�. 1f� its) In addition to a change in fleet colours the enclosed proposed policy change also addresses the way in which the fleet is presented to the public. At present all vehicles purchased by the City and employed by city forces in the delivery of services to the public are identified through the application of the official City of Saint John Crest decal, It is proposed that this decal be replaced, for general fleet application, with the Explorer logo, There will of course be some exceptions to this as outlined in the enclosed proposed policy and including as noted below, Saint John Water. 2015 Committee — "The Explorer Logo was developed as a visual representation of the brand for Saint John. The brand proposition was developed as part of the regional growth strategy in 2003. The brand is built on one of Saint John's core values, its pioneering spirit and the logo was meant to be an expression of this. It is rooted in the sense of self that comes from being the oldest incorporated city in Canada. As natural merchants, Saint Johners have always thrived in the spirit of entrepreneurship, creativity and innovation. Also, as an international seaport, Saint John welcomes people from around the world to live in a cooperative, caring social network that provides the foundation for a better way of life. The expanded use of the Explorer Logo is an effort by the City to promote this brand proposition and building a unified focus on growing our community" Saint John Water — "As noted an a Communications Plan of 2005 that was completed for Saint John Water; it is important the public understand clearly who is delivering their water and wastewater services, and how the rates they pay are allowing staff to make a difference for the community of Saint John. There is a particular need to establish this identity given the rates/funds paid are separate and distinct from the general property tax rate funds. Considering this, it is recommended that a recognizable identity be established for Saint John Water by placing the new Saint John Water logo on the drivers and passengers side doors of the vehicle. This new identity would support Saint John Water's place within the City's operation but distinguish the unique services it provides," MM Page Four FINANCtAL IMPLICATIONS - Cost should not be a determining factor as the focus of the proposed changes is to standardize on one colour for the City's fleet of cars and light trucks, and since the recon-u-nendation is to purchase one manufhcturers fleet colour, as opposed to purchasing a variety of manufacturers fleet colours, there will be no financial impact. As well, the supplier of City Crest Decals was contacted in order to provide a comparison between the cost of the crests and the Explorer logo. It has been determined that the Explorer logo, given it requires only two colour printing, compared to the 5 colours in the City Crest, is 30 % cheaper. It is recommended that the City of Saint John Vehicle Policy be amended in order to better provide for vehicle identification, and specifically articles 4.2 and 4.3 of section 4.0, GUIDELINES be replaced with the recommended articles as contained in the attached statement. Respectfully submitted, David Logan, CPPB Purchasing Agent/Manager Materials and Fleet Management T.L. Totten, FCA City Manager 116 SUBJECT: CITY of SAINT JOHN VEHICLE POLICY SECTION 4.0 GUIDELINES Whereas; there presently exists an administrative procedure that addresses specifically the colours of certain vehicles as departmental identifiers, and Whereas; the existing procedure has become difficult to admin sten given changes in the market place, and Whereas; the 2015 initiative supports a common or standardized image for the City of Saint John, and Whereas; the stakeholders support a change in fleet identification; the following change to the City of Saint John Fleet Policy — Sections 4.2 and 4.3 of the Guidelines are proposed; 4.2 All vehicles will be appropriately identified as follows; l) Cars and light trucks, up to and including the I tonne range of vehicles, shall be purchased to a standard manufacturer fleet colour of white, 2) The City of Sairit John crest presently applied to vehicles, shall be replaced with the official "Explorer Crest". This crest must be prominently displayed on the front driver's, and passenger's doors, and include the words "Saint John" which are to be placed directly Linder the crest, 3) Each vehicle in this category shall be identified with a 3 digit "vehicle number" in the form of a numeric decal clearly displayed on each of the front fenders and in an appropriate location at the rear of the vehicle as determined by its configuration. This vehicle number is assigned by the user departments and may change throughout the life of the vehicle, 4) Each vehicle in this category shall be assigned a 4 digit "Equipment Number" which will be displayed in the form of a self adhesive tag applied in close proximity to the fuel fill pipe. This number is assigned by Fleet Administration upon registration of the vehicle and shall remain unchanged throughout the life of the vehicle, 5) Vehicles in this category, shall, as deemed necessary by the Fleet Administrator, be affixed with a high intensity, reflective stripe down each side and across the rear of the vel -&1e. This high intensity stripe is to be white so as not to act as a department identifier or to add to or detract from the appearance of the vehicle, 6) Vehicles in this category and purchased for use by Saint John Water may deviate from the policy as it relates to the application of the "Explorer Crest". Saint John Water may replace the "Explorer Crest" with the Saint John Water Logo. MrA -2- 4.3 Exemptions from section 4.2 of this guideline are; 1) Vehicles purchased for use by the Saint John Police Force and the Saint John Fire Department, 2) Vehicles assigned to the Mayor, the City Manager and any unmarked vehicles assigned to specific senior management staff, as approved by the City Manager, 3) Commercially rented vehicles, 4) The paint colour of trucks of a size greater than the I tonne range of vehicles shall remain unchanged, 5) The paint colour of construction equipment, trailers and floats, attachments and miscellaneous equipment shall remain unchanged. `§F:3 0 11 0 `mLel r� COUNCIL REPORT M&C No. 2018-257 Report Date September 05, 2018 Meeting Date September 10, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Fleet Replacement Procurement —September 2018 OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author(s) Commissioner/Dept. Head Acting City Manager Kevin Loughery / Chris Roberts Kevin Fudge/ Ian Fagan Neil Jacobsen RECOMMENDATION It is recommended that Common Council award the tenders and proposals as follows: 1) Two (2) wheel loaders at a leasing cost of $54,062.76 plus HST per year for 3 years to Maritime Case Ltd., and that the Mayor and Common Clerk be authorized to execute the necessary documents; 2) One (1) Pick -Up Truck — One Ton Four -Wheel Drive at a total cost of $36,552.00 plus HST to Downey Ford Sales Ltd.; 3) One (1) Pick -Up Truck — Half -Ton Four -Wheel Drive Regular Cab at a total cost of $34,949.00 plus HST to Dobson Chrysler Dodge Jeep; 4) Six (6) Intermediate Sedans — All Wheel Drive at a total cost of $149,994.00 ($24,999.00 per vehicle) plus HST to Loch Lomond Mitsubishi; and 5) Three (3) Intermediate Sedans — Two Wheel Drive at a total cost of $66,900.00 ($22,300.00 per vehicle) plus HST to Saint John Toyota. EXECUTIVE SUMMARY The City manages a fleet of over 325 vehicles and equipment and each year, the City's Fleet Management Division works with various City departments to identify and replace vehicles which have reached the end of their useful service lives. The purpose of this report is to make recommendations to award the latest tendered vehicles which require Common Council approval. The City currently has over 100 vehicles past their optimal replacement point and this year, 34 vehicles (some of which are the least reliable and most -2 - expensive to maintain) will be replaced through the City's procurement processes. Seven (7) of the recommended nine (9) sedans are being allocated to replace vehicles within the Fleet Utilization (Car Pooling) Continuous Improvement Project. The impact of the Cl Project to date has been a perpetual annual total savings of $155,267.53, with nine (9) vehicles located at City Hall and thirteen (13) vehicles located at Rothesay Avenue representing the pool. In 2017, Eleven (11) vehicles were eliminated from the City's Fleet and sent to auction due to this project. Pre -project implementation, the 33 vehicles had approximately 60 users while post -project implementation, the 22 remaining vehicles have approximately 159 users. The Project Team is also are currently calculating the reduction in personal mileage and also the reduction in rentals to add to these savings. PREVIOUS RESOLUTION Not applicable. 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. SERVICE AND FINANCIAL OUTCOMES These purchases are planned replacement of existing fleet equipment, approved in the 2018 capital budget. The funds specifically are provided for in the fleet reserve, funded from the operating budget. The specifications allow for vendors to submit proposals of new and/or used equipment to be evaluated using common criteria. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Materials Management facilitated five (5) separate publically advertised calls as follows: 1) Tender no. 2018-086401T for the supply of two (2) wheel loaders was issued on August 8, 2018 and closed on August 28, 2018 with the following submissions (excluding HST): C©MPANY'NAME TENDERED PRICE SMS Equipment $4,950.00 / Month ALPA Equipment Ltd. $5,000.00 / Month Wajax $8,674.95 / Month Maritime Case Ltd. $4,505.23 / Month Toromont Cat (Maritimes) $5500.00 / Month I71 -3- 2) Tender no. 2018-232002T for the supply of one (1) Pick -Up Truck — One Ton Four -Wheel Drive was issued on August 9, 2018 and closed on August 28, 2018 with the following submissions (excluding HST): C©MPANY NAME TENDERED PRICE Downey Ford Sales Ltd. $36,552.00 Dobson Chrysler Dodge Jeep $37,765.00 3) Tender no. 2018-232003T for the supply of one (1) Pick -Up Truck — Half - Ton Four -Wheel Drive Regular Cab was issued on August 9, 2018 and closed on August 28, 2018 with the following submissions (excluding HST) : C©MPANY NAME TENDERED PRICE Downey Ford Sales Ltd. $35,100.00 Dobson Chrysler Dodge Jeep $34,949.00 4) Tender no. 2018-231003T for the supply of six (6) Intermediate Sedans — AII Wheel Drive was issued on August 10, 2018 and closed on August 28, 2018 with the following submissions (excluding HST): C©MPANY NAME TENDERED PRICE Loch Lomond Mitsubishi $24,999.00 Dobson Chrysler Dodge Jeep $30,526.00 5) Tender no. 2018-231004T for the supply of three (3) Intermediate Sedans — Two Wheel Drive was issued on August 10, 2018 and closed on August 28, 2018 with the following submissions (excluding HST): C©MPANY NAME TENDERED PRICE Downey Ford Sales Ltd. $26,821.00 Dobson Chrysler Dodge Jeep $31,428.00 Saint John Toyota $22,300.00 Staff of Materials Management have reviewed all of the tenders and have found them to be complete and formal in every regard. Staff believes that in each case the recommended bidders have the necessary resources and expertise to supply the equipment, and recommend acceptance of their tenders. The above processes are in accordance with the City's Procurement Policy and Materials Management support the recommendations being put forth. ATTACHMENTS None `A Received Date September 06, 2018 Meeting Date September 10, 2018 Open or Closed Open Session His Worship Don Darling and Members of Common Council Your Worship and Councillors: Subject: Regional Facilities Commission — Approved Budget for 2019 Background: The Regional Facilities Commission met on September 5t" and approved the 2019 budget as submitted. Motion: That the submitted budget from the Regional Facilites Commission for 2019 be received for information. Respectfully Submitted, (Received via email) Shirley McAlary & David Merrithew Council Representatives Regional Facilities Commission (P4 - SAINT JOHN ---- — I P.O. Box 1971 Saint Jahn, NB Canada E2L 41-1 1 www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E21-4LI `IN E IcWtm�. m nomma"- 40 04 N .. .. . Oct 1 • 00 CD LO .. • .♦ ! ! . ; . • •: • IcWtm�. m nomma"- 40 04 N zo .. .. . Oct 1 • 00 CD LO .. • .♦ ! ! . ; . • •: • s. sCi Cli! • ! • . co +► Momw• CT ,. . .. • . • CIJ 0. CD r. #D zo .. .. . Oct 1 • 00 CD LO .. 1 1 1• 1 # • .♦ ! ! . ; . • •: • s. sCi Cli! • ! . co +► Momw• CT ,. . .. . • CIJ 0. CD r. #D • 64 • ' f /1 1 1 • �. • • 1 # CL 1 • 1 w s 1 1 1 1• 1 # • • • 1 1 w II QUISPAMSIS VU OW of Saint John --QMMNMI— RO=SA"'Y I Vgxyi rIMURTIM-FIM-1171-1001 Mt Harbour Station 99 Station Street Saint John, NB EM 4X4 2 i' Ilc'I � �;r; I of $6,872 for a total funding of $867,601. 'D �-JK� 6—'��t5."ZMLJ6' w- -Ikanz Tirmi-A-zz and for the cooperation received in submitting the requested information. "01 ��c: Deputy Mal or Shirley McAlwy Jon Taylor, Common Clerk, City of Saint John Deputy Mayor Libby O'Hara Cathy Snow, Town Clerk Town of Quispamsis Deputy Mayor Michael Likely Sandra Gautreau, Town ManAger/Clerk. Town of Grand B' lt Councillor David Merriffiew Mary Janc Banks, Town Clerk, Town of Rothesay SAINT J01IN 125 Mr. Andrew Kierstead Executive Director Saint John Arts Centre 20 Hazen Avenue Saint John, NB E2L SA5 1 64 I would like to thank you and your Board members for the service to our communities and tIe cooperation received in submitting the requested infonmation. Thank YOU, I? cc: Deputy Mayor Shirley McAlary Jon Taylor, Common Clerk, City of Saint John Depayor Libby O'Hara Cathy Snow, Town Clerk, Town of Quispamis Deputy Mayor Michwl Likely Sandra Gautmau, TOWn Managcr/Clerk Town of Grand B2 K. Councillor David Merrithew Nlary Jane Banks, Town Clak, Town of Rathesay (A,j"SAINT JUH N 126 Glenda MacLean, General Manager c/o Saint John Trade & Convention Centre One Market Square Saint John, NB E2L 4Z6 RMITMOTRU"M asreque e ............. ding to Hardman Group of $438,200) plus the 2017 deficit of $30,442 for a total funding 0,959,997. jIM—Wro ONC colow"ID 6, I would like to thank you and your Board members for the service to our communities and for the cooperation received in submitting the requested information. Thank you,; 41, - CounclWarant Bre ti, Chair Regional Facilities Commission CC. Deputy Mayor Shirley McAlary Jon Taylor, Conimon Clerk, City of Saint John Deputy Mayor Libby O'Hara Cathy Snow, Town Clerk, Town of Quispanisis Deputy Mayor Michael Likely Sandra Gautmau, Town Manageecierk, Town of Grand Bay -Westfield Councillor David Menithew Mary Jane Banks, Town Clerk To" of Rothesay SA,INIT HN 127 7 W I'm i L=' Ago cc: Deputy Mayor Shirley McAhwy Jon Taylor, Common Clerk City of Saint John Deputy Mayor Libby O'Hara Cathy no ToI Clerk, Town of Quispamsis Deputy Mayor Michael Likely Sandra, Gautreau, Town Manager/Clerk, Town of Grand Bayfield Councillor David Merrithew May lane Banks, Town Clerk Town of Rethesay Illlil�m>j 128 Mr. Michael Hugenholtz, Chairperson W 'Ago ,7- mo a 31 MIN 2 1 *1 B: #4 . . . . . . . . . . . . 7 .1 MIR Nim M., AA 1PTPtm, . ►-r "a Ilix 077TI—M—mues ana JcT the cooperation 7,ceive1, in submitting the requested inforination. Tbank Yo A 1, �77 7�117mrlf'm IT 04 T cc: Deputy Mayor Shirley McAluy Jon Taylor, Coninion Clerk, City of Saint John Deputy Mayor Libby O'Hara Cathy Snow, Town Clerk, Town of Quispantsis Deputy Mayor Michael Likely Sandra Gautreau, Town Manager/Clerk, Town of Grand 13ay-Wesffleld Councillor David Merrithew Mary Jane Banks, Town Clerk Town of Rothesay SA4T JOHN R 129 COUNCIL REPORT M&C No. # MC 2018-255 Report Date August 31, 2018 Meeting Date September 10, 2018 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Request to Present to Council - Rezoning application for 1003 Latimore Lake Road — Thomas Construction Ltd. (John Colwell) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Jacqueline Hamilton Jacqueline Hamilton m I Neil Jacobsen RECOMMENDATION It is recommended that Council: 1. Receive and file this report, and 2. Deny the request to present made by John Colwell on behalf of Thomas Construction Ltd, dated August 15th, 2018. Further, staff will continue to advise on options available to Thomas Construction Ltd for consideration of a planning application. EXECUTIVE SUMMARY At a public hearing that was held before Common Council on July 30th, 2018, Common Council considered and denied a rezoning application made by John Colwell on behalf of Thomas Construction Ltd. to expand the existing gravel pit at 1003 Latimore Lake Road to encompass portions of PID Nos. 00321124 and 00333757, which are presently zoned "Rural". On August 15th, 2018, Mr. Colwell filed with the Common Clerk a request to present to Common Council. In particular, the nature of the request to present was framed as follows: "To provide clarification of the misinformation given to Council at the rezoning application on July 30, 2018 for the property at 1003 Latimore Lake Road." The request went on the explain further that "At a Common Council meeting on July 30th, 2018, Saint John City Council voted to reject a rezoning application for the property at 1003 Latimore Lake Road. 1 submit that Common Council based their decision on misinformation provided to `[till -2 - them by City Staff. 1 would like to provide clarification in that City Staff permitted a Pit and Quarry operation at the property in the years 2015, 2016 and 2017." At its meeting of August 20th, 2018, Common Council referred the request to present to the City Manager. The purpose of this report is to respond to the substance of the request to present, namely the suggestion that City Staff misinformed Common Council at the July 30, 2018 public hearing, with the corresponding recommendation that such request be denied. PREVIOUS RESOLUTION At its July 30th, 2018 meeting, Common Council considered a rezoning application by Thomas Construction Ltd. to expand its gravel pit operation at 1003 Latimore Lake Road and voted to deny the rezoning application. On August 20th, 2018, Common Council referred the request to present submitted by John Colwell on behalf of Thomas Construction Ltd. to the City Manager. STRATEGIC ALIGNMENT N/A REPORT At its July 30th, 2018 meeting, Common Council denied a rezoning application by Thomas Construction Ltd. to expand its gravel pit operation at 1003 Latimore Lake Road to include 21 hectares of land on adjacent parcels. On August 15tH 2018, Mr. Colwell submitted a request to present to Common Council regarding Thomas Construction Ltd.'s rezoning application and at the August 20th 2018 meeting of Common Council, this request was referred to the City Manager. Mr. Colwell submits that Common Council's decision was based on "misinformation provided to them by City Staff" and his request, as reproduced above, sought "to provide clarification in that City Staff permitted a Pit and Quarry operation at the property in the years 2015, 2016 and 2017". In particular, during the public hearing respecting the rezoning application, some questions were posed by members of Common Council to City Staff which pertained to the excavation permitting history at 1003 Latimore Lake Road. During one particular exchange, Councillor Lowe inquired as to whether annual permits were issued in the years 2016 and 2017 after confirming that a permit had been issued in 2015, subject to certain requirements, to which Ms. Poffenroth responded that no excavation permits were issued in respect to years 2016 and 2017. 131 -3 - The claim that City Staff "misinformed" Common Council respecting the excavation permitting history at 1003 Latimore Lake Road is inaccurate. It should be noted as well that the answers offered by City Staff to the inquiries that were made at the public hearing on July 30t", 2018 respecting the excavation permitting history at 1003 Latimore Lake Road were offered at a high level in response to the specific questions that were asked by members of Common Council. Below, a more detailed explanation is provided in order to address the submissions that form the basis of the request to present. Excavation and Permitting History The pit operation located at 1003 Latimore Lake Road is a long standing operation dating back to the 1970s and has been operated by Thomas Construction Ltd. since the 1980s. In 2001, part of the property was rezoned from "Residential" to "Pit and Quarry" together with a variance to reduce the setbacks from property lines to residentially zoned property to 30 metres. This rezoning placed the long-standing pit and other aggregate and extraction operations in the zoning classification specifically for pits and quarries. For the benefit of context, and as was explained at a high level at the July 30tH 2018 public hearing, excavation permits are issued by the City on an annual basis under the applicable Zoning Bylaw provisions for pit and quarry operations. Operations are reviewed annually against applicable standards in the Zoning Bylaw related to aspects such as excavation areas, setbacks, access, hours of operation, screening and rehabilitation requirements to mitigate land -use impacts related to these operations. Details of the annual excavation permit applications respecting 1003 Latimore Lake Road for the period between 2015 and present, which was the period covered by the inquiries made at the July 30t", 2018 public hearing, are as follows: • In 2015, an application for an excavation permit was made in respect of PID No. 00329409. With it, the required permit fee of $1,100 was submitted; however, insufficient security was provided. At that time, certain portions of the operation were noted to be in violation of the Zoning Bylaw as they extended into required buffer zones and, more generally, into areas not zoned for Pit and Quarry use. Once the required security was obtained, the application for an annual excavation permit was issued by the City for the legal aspects of the operation. In correspondence provided to Mr. Colwell at that time, the violations were `19% -4 - noted and he was advised to bring the property into compliance with the terms of the Zoning Bylaw. • In the years 2016 and 2017, respectively, annual excavation permit applications were again received in respect of PID No. 00329409 together with the required permit fee of $1,100.00. Upon review, the City observed violations and further encroachment within required buffer zones, contrary to the direction that had been attached to the 2015 permit and the terms of the Zoning Bylaw. Consequently, the City did not issue excavation permits in either 2016 or 2017. No formal enforcement action was pursued at this time. Similar to the other application decisions rendered pursuant to the Zoning Bylaw, the excavation permit fees were not refunded. During these years, Thomas Construction Ltd. did receive City contracts to supply gravel. • In 2018, an annual excavation permit application was received together with the applicable permit fee of $1,100.00. Upon review, the City noted violations and further encroachment within required buffer zones. Subsequently, issues with the type of security being provided were noted. Growth and Development prioritized enforcement action on pits with violations in proximity to residential properties in 2018 and the Thomas Construction Ltd. pit at 1003 Latimore Lake Road was one of two identified for formal enforcement action. Staff issued a letter in May, 2018 advising Thomas Construction Ltd. to cease operations until the violation could be remedied. Following the City's refusal of a 2018 excavation permit to Thomas Construction Ltd., the City's contract for the supply of gravel was revoked. When work continued on the property, a Stop Work Order was issued for the improperly zoned properties, being PID Nos 00334946 and portions of 00331124. • Following the formal enforcement action in 2018 and the non -issuance of the excavation permit earlier this year, a rezoning application for the upper portion of the property not included in the Pit and Quarry Zone was made by Thomas Construction Ltd. This was pursued after Thomas Construction Ltd. advised that they had insufficient material left in the properly zoned areas to meet their anticipated short term demands. Staff sought a commitment from the applicant on rehabilitation plans for the areas improperly zoned and where encroachment occurred within the required buffer zones. A commitment was secured for all rehabilitation to be completed by October 31, 2018. With this commitment and revised securities, the 2018 excavation permit was issued as detailed in the permit issuance letter. As is noted at the outset of this report, the rezoning application was denied by Common Council following the public hearing of July 30t", 2018. `19191 -5 - Other Planning Options There are other procedural options available to Thomas Construction Ltd. Should they wish to submit a revised planning application for consideration, section 2.10(c) of the Zoning Bylaw establishes a provision whereby Common Council has denied a rezoning application that it cannot be re -considered within a period of one year unless deemed to be "substantially different". Staff has advised Mr. Colwell that the options of submitting a revised proposal or waiting a year to have the same proposal considered are available to him under the provisions of the Zoning Bylaw. Moreover, Mr. Colwell has requested that City Staff review the potential for him to apply for what is known as a "temporary approval" from the City's Planning Advisory Committee to permit excavation on an interim basis while the revised rezoning application is being processed. The authority to grant temporary approval in this case is under review by City Staff and, if applicable, can be granted for a period of up to one year. Request to Present to Common Council From a procedural perspective, the public hearing respecting the rezoning application that was heard by Common Council on July 30t", 2018 has concluded. Accordingly, the request to present could not serve the purpose of reviving, reconsidering or continuing the concluded public hearing. Moreover, the additional information respecting the excavation permitting history that has been provided above is directly responsive to the submission by Mr. Colwell that City Staff "misinformed" Common Council at the July 30t", 2018 public hearing. Excavation permits were issued in 2015 and 2018. No excavation permits were issued in 2016 or 2017. This accords with the high level response that Ms. Poffenroth offered at the public hearing of July 30t", 2018 in response to the question in that regard. In view of these considerations, it would be in order to deny the August 15tH 2018 request to present to Common Council that was made by Mr. Colwell on behalf of Thomas Construction Ltd. In the interim, City Staff shall continue to work with Thomas Construction Ltd. as it explores other options that may be available to it. SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS This report has been reviewed by the City Solicitor's Office and Procurement. ATTACHMENTS None `Kz"I September 5, 201 City Hall, P. 0. Box 1971 Saint John, NB E21- 41-1 To Whom it May Concern: RE: Thomas Construction Limited Rezoning of 1003 Latimore Lake Road This submission to Council is further to the rezoning application that was heard by Saint John Common Council on July 30th, 2018. The purpose of this on June I Oth, 2015, Thomas Construction Limited ("Thomas Construction") received a letter from the City of Saint John (the "City") signed by Amy Poffenroth enclosing a Permit to Excavate Land in the City of Saint Johni includedmade in respect of PID No. 00329409 and a portion of PID No . This letter also stated that there had been a number of areas where excavation had taken place outside of the PQ (Pits and Quarry) zone entirely. In the letter, the City stated that the areas where excavation had been occurring outside of the PQ Zone were to be rehabilitated and, if they were not rehabilitated, the areas would be The City made a blanket purchase order of sand and gravel from Thomas Construction with a start date of April 1, 2018 and an end date of March applied2019. On February 20, 2018, Thomas Construction Application for Permit to Excavate Land in the City for PID No. 00329409 and paid the required $1j 00.00 fee. 90 King Street PA Box 7174 SaInt John Na E2L 4S6 www.grriglawcorn Tel: 506,634,3600 Fax: SOU34.3612 `Ki.1 zoningof the aforementioned with Thomas o: On June 1, 2018, the City sent an order signed by Christopher McKlel requiring Thomas Construction excavationw PID No. 00331124 a " 1D No. 00334946. On July 5, 2018, the City sent a letter to Thomas Construction Christopher McKlel stating that the Excavation permit at PID No. 00329409 for 2018 had been approved on the condition that the encroachment areas be rehabilitated by October i 8. Thomas Road from Rural Use to Pit and Quarry. This property contains a portion of PID No. 00331124 and a portion of PID No. 00333757. On June 18, 2018, Common the matter to the Committee. recommendation to Common a , they should approve applicationrezoning t Road. At rCouncil awardedquestioned by Council members regarding the City contracts which had been preceding years. deferring to staff members present werequalified to answer a • questions, Ms. Poffenroth stated that she was "not sure" if ConstructionThomas ,w and 2017and that the speaklack of a valid permit had impacted the awarding of a contract in 2018 - but that she couldn't informationat the Common Council meeting, City Councilors voted to defeat the rezoning application by a 6-3 margin. Karl H. S. Clancey `KYA From: Victor Fedyna tl?mL] Sent: September -05-18 3:23 PM To: Darling, Don a !ih Subject: RE: 2018 SAINT JOHN CANADA 55 PLUS GAMES Hello Mayor Don Darling, Victor J. Fedyna 2018 SAINT JOHN CANADA 55 PLUS GAMES I address this brief memo frorn the heart to St. John and District citizens, because of you] devotion, inspiration, perspiration, fraternal valour, in execution of super 2018 Canada W-11 Plus Games hosted dramatically in your City and District. Firstly, I could focus upon athletic Coordinator / Directors, but it is far beyond that, This is because my five venues during the Games were mostly in my full time athletic attractions (Track and Field) under your devout rational presence and exceptionally effective direction. Secondly, please understand my extensive perception. I have not the intellect to appropriately record all names of hundreds heroic, brilliant, determined, and truly iconic members, organizers, directors, 500 volunteers and supporters, without whom this 2018 St. John 55 Plus Games would not have been so Physically, Faithfully, Psychically, and indescribably Memorable and Successful. It was visible to me and to others how no unexpected glitches were overlooked. To mention just a few, the 1 Accorn modait ions, the Transportation, numerous, other ventures, were all superbly designed and engineered with indescribable zealousness. As one track and field athlete who successfully competed on five continents, I say that beyond your positive game's directorshipness, another one of my favorite memories in 201,8 St. John Canada 55 Plus Games will be of the Faith Full Human Participation, and of my observing all fellow citizens from many backgrounds, diverse physical engineering and walks in our high school and college days. The future of our Country looks bright if we continue to play together, compete together, love and appreciate one another, despite our possible mini age or our human structure or some physical differences. Oh, what I have just described was also recognized at super gourmet Banquet Dinner and Opening / Closing Ceremony. rr, , -Rf11rLX- VU ter A=fIR to n7meroT'sutners, to near -25y commenci the 2018 Canada 55 Plus Games hosted in St. John, New Brunswick. It was clearly demonstrated to the whole world that sincere love and faith, united inspiration and perspiration of our fellow citizens for their Physical, Faithful and Psychical Health is of superb vital importance to us of all ages and of all physical and psychical abilities. Now is the time for all of us to commit to pursue our beneficial course of events. Victor J. Fedyna Consultant Barrier Free Design Edmonton, Alberta WHEREAS During the week of September l Orh to September 14`h, our historic Port City will host the Association of Canadian Port Authorities 60th Annual Conference and ACM and welcome more than 170 delegates to Saint John from Canadian Port Authorities and members of Canada's shipping communities as well as speakers and special guests from around the world; and WHEREAS With over 330 million metric tonnes of cargo moved through Canada Port Authorities in a single year, and because 90 percent of everything around us has been moved by maritime transport in its lifetime; and WHEREAS Canada's 18 port authorities play an essential role in national and global supply chains, bringing goods to Canadian consumers and prosperity to our country by connecting Canadian trade to more than 170 countries around the world, and WHEREAS Commitment to sustainability is central to Canadian ports, with a1118 member ports being committed to continuous improvement on environmental performance through the Green Marine certification program; and WHEREAS Canada's port authorities make good neighbours with contributions to communities averaging $5.5 million annually; and WHEREAS Our Canadian port authorities are economic engines contributing $25.1 billion to Canada's GDP and generating $53 billion in total economic activity; and WHEREAS Total employment wages associated with Canada's 18 port authorities are $14 billion and total jobs created by economic activity associated with port authorities numbering more than 213,000 across the nation; and WHEREAS Canadian Port Authorities are also significant to our national tourism economy by providing the marine gateway to more than 1.3 million cruise guests to Canada each year; and WHEREAS Saint John enjoys a privileged position in the nation's transportation network to be a Canada Port Authority and part of the national port system. John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. WHEREAS The disease of addiction in its various forms creates a tremendous burden to individuals, families and communities in the City of Saint John; and WHEREAS So many hundreds of thousands of steadfast and courageous citizens over the years have acknowledged their crippling dependencies and moved on to lives of sobriety; and WHEREAS So many have found again their dignity and self-respect and loving regard for themselves and those around them; and WHEREAS These brave souls have discovered and truly learned that honesty and sobriety and a full return to citizenship all march hand in hand; and WHEREAS Many have until this day been reluctant to declare openly and without n.eed.for• explanation that they live proudly in RECOVERY; and WHEREAS These very same people say in unison, "I AM IN RECOVERY," and I am all the stronger and happier and more richly fulfilled as a person because of it; and WHEREAS We choose now to CELEBRATE our RECOVERY and the RECOVERY of those sons and daughters, brothers and sisters beside us. NOW THEREFORE: ayor Dorn Darling, of Saint John, do hereby proclaim September 14th, 2018 as Recovery Day in the City of Saint John. In witness whereof I have set my r and affixed the official seal of Mayor o1 ., COUNCIL REPORT M&C No. 2018-252 Report Date September 04, 2018 Meeting Date September 10, 2018 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: First and Second Reading of the Saint John Minimum Property Standards By-law OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager iNei/Jacobsen Christopher McKiel J Hamilton/A Poffenroth RECOMMENDATION Your City Manager recommends that Common Council give first and second reading of the attached Saint John Minimum Property Standards By-law. EXECUTIVE SUMMARY On January 1, 2018, the Local Governance Act came into force which replaced the Municipalities Act. Some of the changes in the legislation have impacted the Minimum Standards program's ability to carry out required functions of the program. Due to these legislative changes, it is necessary to update the current Saint John Minimum Property Standards By-law to better align with the provisions of the new Act. The City Solicitor's Office has drafted the attached Saint John Minimum Property Standards By-law for Common Council's consideration for first and second reading. PREVIOUS RESOLUTION September 2, 2008: RESOLVED that the by-law entitled, "By -Law Number M-14, A By -Law Respecting Standards for Maintenance and Occupancy of Buildings and Premises within the City of Saint John" be enacted. M91 -2 - REPORT The changes to the attached Saint John Minimum Property Standards By-law were identified by the City Solicitor's Office and are required for four purposes: 1. To update legislative references from the repealed Municipalities Act to the now enacted Local Governance Act; 2. To include applicable sections of the Local Governance Act in the By -Law; 3. To include in the By-law, as required by the governing Act, clear authorization of By-law Enforcement Officers to conduct inspections. This explicit authorization in the by-law is required to conduct inspections and obtain Entry Warrants; and 4. To outline a prescribed form for issuing Orders to Comply. It should be noted that some of the changes in the new Local Governance Act have impacted the authority of the Minimum Property Standards Program by removing the By-law Enforcement Officers' ability to issue Notices to Comply, register documents on Service New Brunswick's Land Registry system and undertake work at properties. In addition, a By-law Enforcement Officer's ability to obtain Entry Warrants has been temporarily impeded as a result of the changes. Despite the changes to the Act, staff has been able to continue to undertake the majority of the day to day operations of the program with the exception of obtaining Entry Warrants. The new Minimum Property Standards By-law being contemplated will provide staff with clear authority to carry out inspections in order to apply for Entry Warrants and the ability to issue Orders to Comply for non-compliance with the By-law. Following the adoption of the new By-law the most significant impact on the program will be the loss of staff's ability to register Notices on Service New Brunswick's Land Registry system. The registering of a Notice against a property serves to provide awareness to potential buyers and financial lenders of the outstanding deficiencies at the property, which has proven to be an effective tool for gaining compliance. Staff has notified the Department of Environment and Local Government (DELG) of the concerns and the impact of the legislative changes on the Minimum Property Standards program; however, staff has been advised that any amendments to the legislation are not likely to take place in the near future. Staff will continue to pursue this issue with the DELG to encourage a timely resolution to our concerns. STRATEGIC ALIGNMENT Enforcement of the Saint John Minimum Property Standards By-law aligns with Council's Vibrant, Safe City priority. `[E1I -3 - SERVICE AND FINANCIAL OUTCOMES This By-law update is necessary for the enforcement of the Minimum Property Standards Program. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Solicitor's Office drafted the attached By-law and reviewed this report. ATTACHMENTS Updated Saint John Minimum Property Standards By-law Current Saint John Minimum Property Standards By-law CITY OF SAINT JOHN NEW BRUNSWICK A By-law respecting Standards for Maintenance and Occupancy for Buildings and Premises within The City of Saint John By-law Number M-14 An uncertified copy of this by-law is available online `R Arrete relatif aux normes d'entretien et d'occupation des batiments et des lieux dans The City of Saint John Arrete numero M-14 Une copie non certifiee de Farr&& est disponible en ligase TABLE OF CONTENTS Section Description Page Recitals 1 Title 2 Definitions 3 Interpretation 4 Adoption of Code 5 Appointment of By-law 7 Enforcement Officers 6 Inspections 7 General Duties & Obligations 8 Responsibilities of Occupants 9 Cooking Facilities 10 Plumbing 11 Toilet, Wash & Other Sanitary Fonctions et responsabilites Facilities 12 Garbage, Storage & Disposal 13 Fire Protection Measures 14 Egress 15 Floors 16 Basements, Cellars & Unheated Crawl Spaces -2 - Page 4 5 5 7 8 9 9 9 9 10 10 10 11 11 12 12 13 `A TABLE DES MATIERES Article D6signation Page Preambule 4 1 Titre 5 2 Definitions 5 3 Interpr6tation 7 4 Adoption du code 8 5 Nomination des agents charges 9 de 1'execution des arret6s 6 Inspections 9 7 Fonctions et responsabilites 9 8 Responsabilites des occupants 9 9 Installations de cuisine 10 10 Plomberie 10 11 Salles de toilette, salles de bain 10 et autres installations sanitaires 12 Entreposage et Elimination des 11 d6chets 13 Mesures de protection- 11 incendie 14 Issues 12 15 Planchers 12 16 Sous -sols, caves et vides 13 sanitaires non chauffes 17 18 19 20 21 22 23 24 25 26 27 28 29 -3- Water Damage 13 17 Degats causes par Peau Doors & Windows 13 18 Portes et fen&res Exterior Walls 14 19 Murs exterieurs Stairs, Porches & Landings 14 20 Escaliers, porches et paliers Handrails 14 21 Mains courantes Retaining Walls 15 22 Murs de soutenement Signs 15 23 Panneaux Air Conditioners & Projections 15 24 Climatiseurs et saillies Order to Comply 16 25 Ordonnance de conformite Admissible Evidence 17 26 Preuve admissible Appeals 18 27 Appels Offences 19 28 Infractions Repeal 20 29 Abrogation Schedule "A" 22 Annexe « A » Order to Comply Ordonnance de conformite `[E:3 13 13 14 14 14 15 15 15 16 17 18 19 20 22 RECITALS WHEREAS, the owners of residential properties within the City of Saint John shall ensure that their buildings and premises comply at all times with standards provided for in this by-law; AND WHEREAS, The City of Saint John deems it advisable to pass this by-law because it will establish standards governing the condition, occupancy and maintenance of residential properties in the City of Saint John; AND WHEREAS, The City of Saint John deems it advisable to pass this by-law because it will provide safeguards for the safety, health and welfare of the general public and of occupiers and users of residential properties in the City of Saint John; AND WHEREAS, paragraph 10(1)(e) of the Local Governance Act, S.N.B. 2017, c. 18, provides that a local government may make by- laws for municipal purposes respecting the maintenance and occupancy standards for buildings and premises; AND WHEREAS, subsection 17(b) of the Local Governance Act authorizes a local government to adopt and incorporate by reference in the by-law codes respecting maintenance and occupancy of buildings and premises approved by regulation under paragraph 191(1)(c) of the said Act; AND WHEREAS, subsection 149(3) of the Local Governance Act provides that a person who violates or fails to comply with a by-law made under paragraph 10(1)(e) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence; PREAMBULE ATTENDU QUE, les proprietaires de residences dans the City of Saint John s'assure que leurs batiments et les lieux soot conformes, en tout temps, aux normes prevues dans le present arrete; et ATTENDU QUE, The City of Saint John juge opportun de prendre le present arrete destine a fixer les normes regissant 1'etat, Foccupation et Fentretien des residences dans la ville de Saint John; et ATTENDU QUE, The City of Saint John juge opportun de prendre le present arrete destine a garantir la securite, la sante et le biers -etre du public ainsi que des occupants et usagers des residences dans la ville de Saint John; et ATTENDU QUE, Falinea 10(1)e) de la Loi sur la gouvernance locale, L.N.-B. 2017, ch. 18, prevoit que les gouvernements locaux peuvent, relativement a quelque fin municipale que cc soit, prendre des arretes concernant les normes d'entretien et d'occupation des batiments et des locaux; et ATTENDU QUE, le paragraphe 17(b) de la Loi sur la gouvernance locale autorise le gouvernement local a adopter et incorporer par renvoi des codes concernant soit Fentretien et Foccupation des batiments et locaux approuves par reglement en application de Falinea 191(1)c) de ladite Loi; et ATTENDU QUE, le paragraphe 149(3) de la Loi sur la gouvernance locale prevoit que quiconque contrevient ou omet de se conformer a Farr&& pris en vertu de Falinea 10(1)e) commet une infraction punissable sous le regime de la partie 2 de la Loi sur la procedure applicable aux infractions -5 - 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. provinciales a titre d'infraction de la classe F ; 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 1 This By-law may be cited as the Saint John Minimum Property Standards By -Law (hereinafter the `By-law"). Definitions Titre 1 Le present arrete peut etre cite sous le titre Arrete concernant les normes minimales regissant les residences de Saint John (ci-apres F arrete 0. Definitions 2 The following definitions apply in this By- 2 Les definitions qui suivent s'appliquent au law. present arrete. "by-law enforcement officer" means a by-law enforcement officer, inspection officer or standards officer appointed under this By-law and designated by resolution of Common Council (agent charge de 1'execution des arretes); agent charge de 1'execution des arretes » designe un agent charge de 1'execution des arretes, un agent des inspections ou agent des normes nomme conformement au present arrete, et designe par resolution par le conseil communal (by-law enforcement officer); "City" means The City of Saint John « municipalite » designe The City of Saint John (municipalite); (City); "code" means the Residential Properties Maintenance and Occupancy Code annexed as Schedule A to the Residential Properties Maintenance and Occupancy Code Approval Regulation Municipalities Act, New Brunswick Regulation 84-86, under the Municipalities Act, and amendments thereto (code); "Common Council" means the elected municipal council of the City (conseil communal); `N7i7 code » designe le code d'entretien et d'occupation des residences qui figure a Fannexe « A » du Reglement portant approbation du code d'entretien et d'occupation des residences Loi sur les municipalites, Reglement du Nouveau -Brunswick 84-86 ainsi que ses modifications afferentes (code); conseil communal » designe les membres elus du conseil municipal de la municipalite (Common Council); M "dwelling" means a building any part of which is used or is intended to be used for the purposes of human habitation, whether or not the building is in such state of disrepair so as to be unfit for such purpose (habitation); "dwelling unit" means one or more rooms located within a dwelling and used or intended to be used for human habitation by one or more persons (logement); "exit" means that part of a means of egress, including doorways, that leads from the floor area it serves, to a separate building, an open public thoroughfare, or an exterior open space protected from fire exposure from the building and having access to an open public thoroughfare (issue); "flame spread rating" means an index or classification indicating the extent of spread -of - flame on the surface of a material or an assembly of materials as determined in a standard fire test as prescribed in the National Building Code (indice de propagation de la flamme); "guard" means a protective barrier around openings in floors or at the open sides of stairs, landings, balconies, mezzanines, galleries, raised walkways or other locations to prevent accidental falls from one level to another (garde -corps); "means of egress" means a continuous path of travel provided for the escape of persons from any point in a building or contained open space to a separate building, an open public thoroughfare, or an exterior open space protected from fire exposure from the building and having access to an open public thoroughfare (moyen d'evacuation); 151 habitation » designe un batiment dont une partie sert ou est destine a loger des personnes, que cc batiment soit ou non dans un &tat de Mabrement qui le rende inhabitable (dwelling); logement » designe une ou plusieurs pieces situ&es dans une habitation et servant ou destin&es A loger une ou plusieurs personnes (dwelling unit); issue » designe la partie d'un moyen dWacuation, y compris les portes, qui conduit de faire de plancher qu'il dessert a un batiment distinct, a une voie de circulation publique ou a un endroit ext&rieur a d&couvert non expos& au feu provenant du batiment et ayant un acces a une voie de circulation publique (exit); indice de propagation de la flamme » designe un indice ou classification indiquant Pampleur de la propagation de la flamme a la surface d'un mat&riau ou d'un ensemble de mat&riaux, determine selon 1'essai normalise de resistance au feu prescrit dans le Code national du batiment du Canada (flame spread rating); garde -corps » designe une barri&re de protection plac&e autour des ouvertures dans un plancher ou sur les cot&s ouverts d'un escalier, d'un palier, d'un balcon, dune mezzanine, dune galerie ou d'un passage pi&ton sur&lev& ou a tout autre endroit afire de pr&venir une chute accidentelle dans le vide (guard); moyen dWacuation » designe une voie continue dWacuation permettant aux personnes qui se trouvent a un endroit quelconque d'un batiment ou d'une cour int&rieure d'acc&der a un batiment distinct, a une voie de circulation publique ou a un endroit ext&rieur a d&couvert non expos& au feu provenant du batiment et donnant acces a une voie de circulation publique (means of egress); -7 - "national building code" means that current, most updated edition and parts of the National Building Code of Canada adopted by the Province of New Brunswick and the Common Council of The City (code national du bdtiment); "occupier" means a person who is leasing a dwelling or dwelling unit from another person (occupant); "Order" means an Order to Comply issued by a by-law enforcement officer in the form prescribed in Schedule "A" of this By-law (ordonnance); "owner" means any person entitled to any freehold or other estate or interest in land, at law or in equity, in possession, or in futurity or expectancy, such as a mortgagee, mortgagor, lessee under lease, tenant, occupant, licencee, permittee or any other person having care, control, domain and management over the premises or who receives any rent or pays municipal taxes in respect thereof (proprietaire); code national du bfitiment » d&signe 1'edition et les parties actuelles les plus a jour du Code national du bdtiment du Canada adoptees par la province du Nouveau -Brunswick et le conseil communal de The City of Saint John (national building code); occupant » d&signe la personae a qui une autre personae loue une habitation ou un logement (occupier); ordonnance » d&signe une ordonnance de conformit& &mise par un agent charge de 1'ex&cution des arrWs selon la forme prescrite a 1'annexe « A » du pr&sent arrW (Order); proprietaire » d&signe toute personae qui a droit a un droit en tenure fibre ou a tout autre droit ou int&ret sur un biers -fonds, en droit ou en equit&, actuel ou &ventuel, tel qu'un cr&ancier hypoth&caire, un d&biteur hypoth&caire, un preneur a bail, un locataire, un occupant, le titulaire d'un droit ou permis d'usage ou toute autre personae ayant le soin, le controle, la propriW pleine et enti&re et la gestion des locaux ou qui en per�oit le foyer ou en paye les taxes municipales (owner); "premises" means land with all its appurtenances « lieux » d&signe un terrain avec toutes ses and structures thereon (lieux); d&pendances et structures y aff&rentes (premises) ; "qualified engineer" means a professional engineer registered with the Association of Professional Engineers and Geoscientists of New Brunswick (APEGNB) who has established competence in the subject being addressed (ing6nieur qualifa6); "structure" means any construction composed of one or more parts or members, joined together in some definite manner (structure); Interpretation `M ingenieur qualifie » d&signe un ing&nieur agr&& aupr&s de I'Association des ing&nieurs et des g&oscientifiques du Nouveau -Brunswick (AIGNB) poss&dant des comp&tences reconnues dans Ie domaine dont i1 est question (qualified engineer); structure » d&signe un ouvrage de construction compos& d'une ou plusieurs pieces jointes dune fa�on biers d&terrain&e (structure); Interpretation 3 Rules for interpretation of the language used in this By-law are contained in the lettered paragraphs as follows: (a) The captions, article and section names and numbers appearing in this By- law are for convenience of reference only and have no effect on its interpretation. (b) This By-law is to be read with all changes of gender or number required by the context. (c) Each reference to legislation in this By-law is printed in Italic font. 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 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. Adoption of Code 3 Les r&gles d'interpr&tation suivantes s'appliquent au present arret& comme suit: a) Les titres, intertitres et num&ros des dispositions ne servent qu'a faciliter la consultation de 1'arret& et ne doivent pas servir a son interpretation. b) Le genre ou le hombre grammaticaux doivent etre adapts au contexte. c) Les renvois legislatifs paraissent en italique. Le renvoi a une loi vise egalement les modifications qui s'y appliquent, y compris toute legislation de remplacement. Les renvois a d'autres arret&s de la municipalite visent egalement les modifications qui s'y appliquent, y compris tout arret& de remplacement. d) Les obligations qu'il cr&e s'ajoutent a celles d&coulant d'autres arret&s applicables de la municipalite ou des lois et r&glements applicables des gouvernements federal ou provinciaux. e) Si une disposition quelconque est d&clar&e invalide par un tribunal competent pour quelque motif que cc soit, la decision n'entache en rien la validit& de 1'arret& dans son ensemble ni de toute autre disposition. Adoption du code 4(1) The code is hereby adopted and 4(1) Le code est adopt& et integre par renvoi incorporated by reference in this By-law. dans le pr&sent arret&. 4(2) Where there is conflict between the code 4(2) En cas d'incompatibilit& entre le code et le and this By-law, the higher standard shall apply Appointment of By -Law Enforcement Officers 5(1) Common Council may, for the purposes of the administration and enforcement of this By- law, appoint by-law enforcement officers who may exercise such powers and perform such duties as may be set out in this By-law, the code or the Local Governance Act. 5(2) A by-law enforcement officer appointed under this By-law shall be issued an identity card bearing his name, title, signature, photograph, the City Crest and the signature of the Building Inspector. Inspections 6 A by-law enforcement officer appointed under this By-law may carry out any inspection that is necessary for the administration or enforcement of this By-law. General Duties & Obligations 7(1) No owner shall permit the use of, rent or offer to rent any building or part thereof that does not conform to the standards established by this By-law. 7(2) A person who is leasing a dwelling unit to another person shall affix a number or a letter or a combination of both numbers and letters to the entrance door to every dwelling unit, which can be easily seen and read by persons providing emergency services. Responsibilities of Occupants `N'i! present arrete, la norme la plus severe s'applique. Nomination des agents charges de 1'execution des arretes 5(1) Le conseil communal peut, pour les fins de Padministration et de Papplication du present arrete, nommer des agents charges de 1'execution des arretes charges d'exercer les pouvoirs et remplir les fonctions prevus dans le present arrete, le code ou la Loi sur la gouvernance locale. 5(2) Un agent charge de 1'execution des arretes nomme en vertu du present arrete re�oit une carte -photo d'identite sur laquelle figurent son nom, son titre, sa signature et sa photographic ainsi que les armoiries de la municipalite et la signature de 1'inspecteur des batiments. Inspections 6 Un agent charge de 1'execution des arretes nomme en vertu du present arrete peut effectuer toute inspection necessaire a 1'application ou a 1'execution forcee du present arrete. Fonctions et responsabilites generales 7(1) Il est interdit au proprietaire d'utiliser tout batiment ou partie de batiment non conforme aux normes etablies par le present arrete, d'en permettre Putilisation, de le louer ou de 1'offrir en location. 7(2) Une personae qui loue un logement a une autre personae appose, a la porte principale de chaque logement, un numero ou une lettre ou une combinaison des deux pouvant facilement etre vu et lu par les personnes qui fournissent des services d'urgence. Responsabilites des occupants -10- 8(1) Every occupier of a dwelling or dwelling unit shall maintain that part of the premises which he controls or occupies in a reasonably clean, sanitary and safe condition. 8(1) Chaque occupant dune habitation ou d'un logement Boit maintenir la partie des lieux qu'il occupe ou qui est plac&e sous son autorite en bon &tat de propret&, de salubrit& et de s&curit&. 8(2) An occupier shall not obstruct an exit over 8(2) Un occupant n'obstrue pas une issue which he has control. plac&e sous son autorit&. Cooping Facilities Installations de cuisine 9(1) Where a dwelling unit is provided with 9(1) Dans le cas ou un logement serait dot& cooking facilities: dune installation de cuisine : (a) the unit must be equipped with a sink with hot and cold running water; and (b) the unit must have a floor area of at least 11.2 square metres if the unit is occupied by only one person. 9(2) A kitchen used by the occupiers of more than one dwelling unit shall contain a sink, cooking facilities, and a refrigerator that has at least 0.056 cubic metres of space for each occupier. Plumbing 10 Every dwelling and dwelling unit shall contain plumbing which shall meet the standards and requirements of the national building code. Toilet, Wash & Other Sanitary Facilities 11(1) Toilet rooms, bathrooms and shower rooms serving more than one dwelling unit shall be accessible from a public hallway. 11(2) Toilet rooms, bathrooms and shower rooms shall be fully enclosed and have doors that are capable of being locked from the inside only. a) le logement Boit etre dot& d'un Mer aliment& en eau courante chaude et froide; et b) le logement Boit avoir une afire de plancher d'au moires 11,2 metres carr&s s'il est occup& par une seule personne. 9(2) Une cuisine utilis&e par les occupants de plusieurs logements est dot&e d'un &vier, d'installations de cuisson et d'un r&frig&rateur qui pr&voit au moires 0,056 metres cubes pour chaque occupant. Plomberie 10 Chaque habitation et chaque logement soot dot&s de plomberie qui r6pond aux normes et aux exigences du code national du batiment. Salles de toilette, salles de bain et autres installations sanitaires 11(1) Les salles de toilette, les salles de bain et les salles de douche utilis&es par les occupants de plusieurs logements soot accessibles a partir d'un corridor public. 11(2) Les salles de toilette, les salles de bain et les salles de douche soot compl&tement closes et dot&es de portes se verrouillant de lint&rieur -11 - These rooms shall provide privacy to the seulement. De telles salles garantissent 1'intimit& residents. des residents. Garbage, Storage & Disposal 12 Every owner shall: (a) provide an exterior garbage enclosure which shall be adequate to contain two week's garbage; and (b) dispose of the garbage and refuse in accordance with the provisions of the Saint John Solid Waste By -Law. Fire Protection Measures 13(1) Every owner shall provide fire separations between adjacent units, hallways, exit paths, and floor assemblies by a fire separation having a fire resistance rating of not less than that required by the national building code. 13(2) Furnace rooms, service rooms, storage rooms, and garages must be separated from the remainder of the dwelling by a fire separation having a fire resistance rating of not less than that required by the national building code. 13(3) Every owner of a dwelling shall install and maintain a smoke alarm in good working order within 5 metres of every bedroom and at least one smoke alarm is to be provided on every floor level. 13(4) An occupier shall not disconnect or remove smoke alarms or remove batteries of smoke alarms within their dwelling or dwelling unit. Entreposage et elimination des dechets 12 Le proprietaire : a) fournit une enceinte a dechets ext&rieure pouvant recevoir les dechets de deux semaines enti&res; et b) assure 1'61imination des ordures et dechets conform&ment aux dispositions de 1'Arre1e sur les dechets solider de Saint John. Mesures de protection-incendie 13(1) Tout proprietaire fournit des separations coupe -feu entre les logements adjacents, les couloirs, les voies d'issue et les elements de plancher ayant un degr& de resistance au feu au moires &gal a celui exige par le code national du batiment. 13(2) Les chaufferies, les locaux techniques, les locaux d'entreposage et les garages doivent etre isol&s du reste de Mabitation par une separation coupe -feu ayant un degr& de resistance au feu au moires &gal a celui exig& par le code national du batiment. 13(3) Tout propri&taire dune habitation installe un avertisseur de fum&e a moires de 5 metres de chaque chambre a coucher et le maintenir en bon &tat de fonctionnement. De plus, au moires un avertisseur de fum&e est install& a chaque &tage. 13(4) Dans son habitation ou son logement, un occupant ne d&branche pas ou n'enl&ve pas les avertisseurs de fum&e ou n'en retire pas les piles. 13(5) Every owner of a dwelling shall provide 13(5) Tout propri&taire dune habitation veille a `RV -12 - that all exposed interior surfaces shall have a flame spread rating of not more than 150 as per Appendix D of the national building code, except whereas permitted by the national building code. 13(6) Every owner of a dwelling not provided with sprinkler protection shall provide each bedroom with one exterior window openable from the inside without the use of tools or special knowledge and shall provide unobstructed opening with areas not less than 0.35 square metres and with no dimension less than 380 millimetres. Egress cc que toutes les surfaces interieures exposees aient un indice de propagation de la flamme d'au plus 150 conformement a Pannexe « D » du code national du batiment, sauf dans les cas permis par le code national du batiment. 13(6) Tout proprietaire dune habitation non dotee dune protection par gicleurs installe dans chaque chambre a coucher une fenetre exterieure ouvrable de l'interieur sans outils ni connaissances speciales qui offre une ouverture degagee dune surface d'au moires 0,35 metres carres, sans qu'aucune dimension ne soit inferieure a 380 millimetres. Issues 14(1) Every dwelling unit shall have safe, 14(1) Chaque logement a un acces sur, continu continuous and unobstructed access to exits. et non obstrue a une issue. 14(2) There shall be provided two means of egress from every floor area in a dwelling. Two separate exits in opposite directions must be available from an egress door from a dwelling unit which opens onto a corridor or exterior passageway, unless the dwelling unit has a second and separate means of egress. 14(3) Where a dwelling unit has a direct access to an exit at street or grade level, a single exit is permitted, provided that the exit serves only that dwelling unit. 14(4) Where an occupier must travel more than one flight of interior stairs to access an exit, the dwelling unit must be provided with a second exit. Floors 15(1) Every floor shall not have a slope of more than 10 millimetres in 2 metres. 14(2) Deux issues distinctes soot prevues a chaque etage dune habitation. Deux issues distinctes situees dans des directions opposees doivent pouvoir etre atteintes a partir dune porte de sortie d'un logement qui donne sur un Couloir ou une voie de passage exterieure, sauf si le logement comporte un second moyen d'evacuation independant du premier. 14(3) Dans le cas ou le logement communiquerait directement avec une issue au niveau du sol ou de la rue, it est permis de n'avoir qu'une seule issue, pour autant que celle-ci ne serve qu'a cc logement. 14(4) Dans le cas ou un occupant devrait monter ou descendre plus d'un escalier interieur pour acceder a une issue, le logement Boit en compter une seconde. Planchers 15(1) Les planchers n'ont pas une perste de plus de 10 millimetres sur 2 metres. -13- 15(2) Every owner shall provide and maintain in good repair guards around openings in interior floors, exterior decks, landings, porches, and balconies and at the open side of stairs, and shall be: (a) not less than 900 millimetres in height in the case of stairways and interior floor openings, and not less than 1070 millimetres in height in all other cases; (b) spaced not greater than 100 millimetres apart; and (c) not facilitate climbing. 15(2) Tout propri&taire fournit et maintient en bon &tat les garde -corps places autour des ouvertures d'un plancher int&rieur, dune terrasse ext&rieure, d'un palier, d'un porche et d'un balcon ainsi que ceux plac&s sur le cot& ouvert d'un escalier. Les garde -corps : a) ont une hauteur d'au moires 900 millimetres lorsqu'ils soot plac&s autour des ouvertures d'un escalier ou d'un plancher int&rieur et une hauteur d'au moires 1 070 millimetres dans tous les autres cas; b) ne sont pas espac&s par plus de 100 millimetres; et c) ne permettent pas 1'escalade. Basements, Cellars & Unheated Crawl Spaces Sous -sols, caves et vides sanitaires non chauffes 16 Basements, crawl spaces or cellars shall 16 Les sous -sols, les vides sanitaires ou les be kept dry of water on floors by use of caves soot maintenus exempts d'eau au sol au ventilation, floor drains or other approved means. moven de ventilation, d'avaloirs de sol ou d'autres moyens approuv&s. Water Damage 17 Any building component which has been subjected to water damage shall be repaired or replaced. Doors & Windows 18(1) Rotted or damaged doors, door frames, window frames, sashes and casings, weather- stripping, broken glass and defective door and window hardware shall be repaired or replaced. 18(2) All windows intended to be opened and all exterior doors in a dwelling unit shall have hardware which will allow them to be locked or `P1.11 Degats causes par Peau 17 Toute composante d'un batiment expos&e A un d&gat caus& par Peau est r&par&e ou remplac&e. Portes et fenetres 18(1) Les portes, encadrements de porte, encadrements de fenetre, chassis et dormants pourris ou endommag&s, les coupe-froid et les vitrages bris&s et la ferronnerie d&fectueuse des portes et fenetres soot r&par&s ou remplac&s. 18(2) Toutes les fenetres qui ouvrent et toutes les portes ext&rieures d'un logement comportent des ferrures permettant de les verrouiller ou de les -14 - otherwise secured from inside the building. 18(3) At least one entrance door to a dwelling unit shall have hardware which permits the door to be locked or secured from both inside and outside of the unit. Exterior Walls 19(1) Exterior walls and exterior openings shall be maintained in good repair and weatherproofed to prevent the entrance of wind or precipitation into the dwelling. 19(2) Cornices and flashing shall be maintained in a water -tight condition so as to prevent leakage of water into the dwelling. Stairs, Porches & Landings 20(1) Every porch, balcony, exterior fire escape, deck, landing, exit stairs and exterior stairs must be provided with a suitable foundation that extends 1.2 metres below grade or to solid bedrock or has been designed by a qualified engineer. 20(2) Every porch, balcony, exterior fire escape, deck, landing, exit stairs, exterior stairs and supporting structural member shall be maintained so as to be free of rot, deterioration or other defects. 20(3) Every porch, balcony, exterior fire escape, deck, landing, exit stairs, exterior stairs and supporting structural member shall be treated with paint or stain or other suitable means as required to prevent deterioration. Handrails iU10.1 condamner de l'int&rieur du batiment. 18(3) Au moires une porte d'entr&e au logement comporte des ferrures permettant de la verrouiller ou de la condamner de l'int&rieur ou de 1'ext&rieur du logement. Murs exterieurs 19(1) Les murs exterieurs et les ouvertures ext&rieures soot maintenus en bon &tat et etanches de fa�on a empecher que le vent ou les precipitations ne p&n&trent a l'int&rieur de 1'habitation. 19(2) Les corniches et les solins soot maintenus etanches afire d'empecher Peau de p&n&trer a l'int&rieur de 1'habitation. Escaliers, porches et paliers 20(1) Tous les porches, balcons, escaliers de secours, terrasses, paliers, escaliers de sortie, escaliers exterieurs doivent etre dotes dune fondation appropnee qui Boit etre a 1,2 metre au- dessous du niveau du sol ou sur de la roche solidifi&e ou con�ue par un ing&nieur qualifi&. 20(2) Tous les porches, balcons, escaliers de secours exterieurs, terrasses, paliers, escaliers de sortie, escaliers exterieurs et elements de soutenement soot entretenus de fa�on a etre exempts de pourriture, de deterioration ou d'autres d&fauts. 20(3) Tous les porches, balcons, escaliers de secours exterieurs, terrasses, paliers, escaliers de sortie, escaliers exterieurs et elements de soutenement soot trait&s au moyen dune peinture ou d'une teinture ou d'autres moyens appropri&s de fa�on a pr&venir leur deterioration. Mains courantes -15- 21 Every owner shall provide and maintain 21 Tout propri&taire fournit et maintient en handrails in good repair, and shall be: bon &tat les mains courantes qui soot : (a) provided on at least one side of stairs which are less than 1100 millimetres in width; (b) provided on two sides of stairs which are 1100 millimetres in width or greater; (c) continuous throughout the length of the stairway, except where interrupted by doorways or newel posts at changes in direction; and (d) not less than 800 millimetres in height, and not more than 965 millimetres in height. Retaining Walls 22 All retaining walls and barriers shall be (a) kept in good repair; (b) free from accident hazards; and (c) protected by paint, preservative or other weather -resistant material. Signs 23 All signs and billboards including their supporting members shall be maintained in good repair and any signs which are excessively weathered or faded, or those upon which the paint has excessively peeled or cracked, shall be removed, repainted or replaced. Air Conditioners & Projections a) install&es sur au moires un c6t& d'un escalier dune largeur inf&rieure a 1 100 millimetres; b) install&es sur les deux c6t&s d'un escalier dune largeur de 1100 millimetres ou plus; c) continues sur toute la longueur de 1'escalier, sauf si elles soot interrompues par des entr&es de porte ou des balustres aux changements de direction; et d) dune hauteur d'au moires 800 millimetres et d'au plus 965 millimetres. Murs de soutenement 22 Tous les murs de soutenement soot: a) maintenus en bon &tat; b) exempts de risques d'accident; et c) prot&g&s au moyen de peinture, d'agents de pr6servation ou d'autres mat&riaux a 1'&preuve des intemp6ries. Panneaux 23 Tous les panneaux et tableaux d'affichage, y compris leurs 616ments de soutien, soot maintenus en bon &tat et tous les panneaux qui soot trop alt&r&s ou d6fraichis ou dont la peinture est trop craquel&e ou &caill&e soot enlev&s, repeints ou remplac&s. Climatiseurs et saillies 24(1) All air conditioners shall be securely 24(1) Tous les climatiseurs soot biers ancr&s et `DO] -16 - anchored and maintained in a safe mechanical and maintenus en &tat m&canique et &lectrique electrical condition. s&curitaire. 24(2) All canopies, marquees, signs, awnings, standpipes, exhaust ducts, and similar projections, shall be maintained in good repair, properly anchored and protected against decay or deterioration. Order to Comply 25(1) Where the condition of the premises, dwelling, dwelling unit or structure does not comply with this By-law, a by-law enforcement officer may notify the owner or occupier of the premises, dwelling, dwelling unit or structure by issuing an Order which shall: (a) be in writing; (b) be signed by the by-law enforcement officer; (c) state the manner in which the premises, dwelling, dwelling unit or structure does not comply with this By- law; (d) state what must be done to correct the condition; (e) state the date before which the condition must be corrected; and 24(2) Tous les panneaux, avanc&es, marquises, auvents, colonises montantes, conduits d'&vacuation et autres saillies de meme nature soot maintenus en bon &tat, biers ancr&s et prot&g&s contre la d&gradation ou la d&t&rioration. Ordonnance de conformite 25(1) Lorsque 1'&tat des lieux, d'une habitation, d'un logement ou d'une structure ne respecte pas les dispositions du pr&sent arret&, un agent charg& de 1'ex&cution des arret&s peut aviser le propri&taire ou 1'occupant des lieux, de 1'habitation, du logement ou d'une structure en Mivrant une ordonnance qui : a) est &crite; b) est sign&e par Pagent charg& de 1'ex&cution des arret&s; c) &tablit 1'existence de la situation menant au non respect du pr&sent arret& par Phabitation, le logement, la structure ou les lieux; d) sp&cifie cc qu'il faut faire pour rem&flier a cette situation; e) sp&cifie le Mai accord& pour rem&flier a cette situation; et (f) if an appeal may be brought under f) sp&cifie le Mai imparti pour Bonner subsection 27(1), state the final date for un avis d'appel si un appel peut etre giving notice of the appeal. interj et& en vertu du paragraphe 27(1). 25(2) An Order referred to in subsection 25(1) 25(2) Une ordonnance vis&e att shall be given: paragraphe 25(1) est notifi&e : (a) if the person to be notified is an individual, by personal delivery on the a) si le destinataire est un particulier, par remise en main propre au destinataire -17 - individual or by posting the Order in a conspicuous place on the premises, dwelling, dwelling unit or structure, or (b) if the person to be notified is a corporation, by personal delivery on an officer, director or agent of the corporation or on a manager or person who appears to be in control of any office or other place of business where the corporation carries on business in New Brunswick or by posting the Order in a conspicuous place on the premises, dwelling, dwelling unit or structure. Admissible Evidence 26(1) Proof of giving an Order in a manner provided for in subsection 25(2) may be made by a certificate or an affidavit purporting to be signed by the by-law enforcement officer referred to in subsection 25(1), naming the person to whom the Order was given and specifying the time, place and manner in which the Order was given. ou par son affichage sur les lieux, 1'habitation, le logement ou la structure en un endroit visible; ou b) si le destinataire est une corporation, par remise en main propre a tout dirigeant, a tout administrateur, a tout repr6sentant de la corporation ou a tout g6rant ou a toute personae qui parait etre responsable d'un bureau ou autre 6tablissement de la corporation au Nouveau -Brunswick ou par son affichage sur les lieux, 1'habitation, le logement ou la structure en un endroit visible. Preuve admissible 26(1) La preuve de la notification d'une ordonnance d'une des fa�ons pr&vues au paragraphe 25(2) peut etre faite au moyen d'un certificat ou d'un affidavit pr&sent& comme 6tant sign& par 1'agent charg& de 1'ex&cution des arrWs vis& au paragraphe 25(1), et indiquant le nom de 1'int6ress&, ainsi que 1'heure, la date, le lieu et le mode de notification de 1'ordonnance. 26(2) A document purporting to be a certificate 26(2) Un document pr&sent& comme 6tant un under subsection 26(1) shall be: certificat en vertu du paragraphe 26(1) : (a) admissible in evidence without proof of signature, and (b) conclusive proof that the person named in the certificate received the Order. 26(3) In any prosecution for a violation under this By-law, where proof of the giving of an Order is made as prescribed under subsection 26(1), the burden of proving that one is not the person named in the certificate or affidavit shall be upon the person charged. fl"M a) est admissible en preuve sans qu'il soit n6cessaire de prouver 1'authenticit& de la signature; et b) constitue une preuve concluante que la personae d&sign&e dans le certificat a re�u 1'ordonnance. 26(3) Dans toute poursuite pour une infraction en vertu du pr&sent arrW, lorsque la preuve de la notification de 1'ordonnance est faite conform6ment au paragraphe 26(1), it incombe a la personae accus&e de prouver qu'elle n'est pas la personae nomm&e dans le certificat ou 1'affidavit. 26(4) An Order given under subsection 25(2) 26(4) Une ordonnance notifiee en application and purporting to be signed by a by-law du paragraphe 25(2) et presentee comme etant enforcement officer shall be: signee par un agent charge de 1'execution des arretes : (a) received in evidence by any court in the Province without proof of the signature, (b) proof in the absence of evidence to the contrary of the facts stated in the Order, and (c) in a prosecution for a violation under this By-law, proof in the absence of evidence to the contrary that the person named in the Order is the owner or occupier of the premises, dwelling, dwelling unit or structure in respect of which the Order was given. Appeals 27(1) An owner or occupier of the premises, dwelling, dwelling unit or structure who has been given an Order under subsection 25(2) and who is not satisfied with the terms or conditions set out in the Order may appeal to the appropriate committee of Common Council by sending a notice of appeal by registered mail to the clerk of the City within 14 days after having been given the Order. 27(2) An Order that is not appealed within the time referred to in subsection 27(1) shall be deemed to be confirmed. 27(3) On an appeal, the committee of Common Council shall hold a hearing into the matter at which the owner or occupier bringing the appeal has a right to be heard and may be represented by `W a) est admise comme preuve levant tout tribunal de la province sans qu'il soit necessaire de prouver 1'authenticite de la signature; b) fait foi, en 1'absence d'une preuve contraire, des faits qui y soot enonces; et c) dans toute poursuite pour une infraction en vertu du present arrete, Boit faire foi, en 1'absence d'une preuve contraire, que la personae qui y est nommee est le proprietaire ou 1'occupant des lieux, de 1'habitation, du logement ou de la structure pour lesquels 1'ordonnance a ete effectuee. Appels 27(1) Le proprietaire ou 1'occupant des lieux, de 1'habitation, du logement ou de la structure a qui une ordonnance a ete notifiee aux termes du paragraphe 25(2) et qui n'accepte pas les modalites ou les conditions qui y soot enoncees peut interjeter appel levant le comite du conseil communal approprie en envoyant un avis d'appel par courrier recommande au secretaire de la municipalite dans les 14 jours qui suivent la notification de 1' ordonnance. 27(2) L'ordonnance dont it n'est pas interjete appel dans le Mai imparti au paragraphe 27(1) est reputee confirmee. 27(3) Lors d'un appel, le comite du conseil communal tient, sur le point en litige, une audience au cours de laquelle le proprietaire ou 1'occupant qui interjette appel a le droit d'etre -19 - counsel. 27(4) On an appeal, the committee of Common Council may confirm, modify or rescind the Order or extend the time for complying with the Order. 27(5) The committee of Common Council shall provide a copy of its decision to the owner or occupier of the premises, dwelling, dwelling unit or structure who brought the appeal within 14 days after making its decision. 27(6) An Order that is deemed to be confirmed under subsection 27(2) or that is confirmed or modified by the committee of Common Council under subsection 27(4), as the case may be, shall be final and binding upon the owner or occupier who shall comply within the time and in the manner specified in the Order. 27(7) An appeal does not prevent a further Order from being given under subsection 25(2) in relation to a condition referred to in the Order that is the subject of the appeal if there has been a change in the condition. Offences 28(1) A person who fails to comply with the terms of an Order given under subsection 25(2) commits an offence that is, subject to subsections 28(2) and 28(3), punishable under Part II of the Provincial Offences Procedure Act as a category F offence. 28(2) Despite subsection 56(6) of the Provincial Offences Procedure Act, the minimum fine that may be imposed by a judge under that Act in respect of an offence under `[:�! entendu et peut se faire representer par un avocat. 27(4) Lors d'un appel, le comite du conseil communal peut confirmer, modifier ou annuler Fordonnance ou proroger le Mai pour s'y conformer. 27(5) Le comite du conseil communal fournit une copie de sa decision au proprietaire ou a Foccupant des lieux, de Fhabitation, du logement ou de la structure qui lui a interjete appel dans les 14 jours suivant la date a laquelle it a rendu sa decision. 27(6) Une ordonnance qui est reputee confirmee aux termes du paragraphe 27(2) ou qui est confirmee ou modifiee par le comite du conseil communal aux termes du paragraphe 27(4), selon le cas, est definitive et lie le proprietaire ou Foccupant, qui soot terms de se conformer dans le Mai et de la maniere qui soot precises dans Fordonnance. 27(7) Un appel n'a pas pour effet d'empecher la notification d'une autre ordonnance aux termes du paragraphe 25(2) par rapport a une situation indiquee dans Fordonnance faisant Fobjet de 1'appel s'il y cut un changement de situation. Infractions 28(1) Quiconque omet de se conformer aux exigences formulees dans une ordonnance notifiee aux termes du paragraphe 25(2) commet une infraction qui est, sous reserve des paragraphes 28(2) et 28(3), punissable en vertu de la Partie 11 de la Loi sur la procedure applicable aux infractions provinciales a titre d'infraction de la classe F. 28(2) Par derogation au paragraphe 56(6) de la Loi sur la procedure applicable aux infractions provinciales, Famende minimale qu'un juge peut infliger en vertu de cette loi relativement a subsection 28(1) shall be $1,000. -20 - Finfraction prevue au paragraphe 28(1) est fixe a 1000$. 28(3) If an offence under subsection 28(1) 28(3) Si Finfraction prevue au paragraphe continues for more than one day, 28(1) se poursuit pendant plus d'une journ&e, (a) the minimum fine that may be imposed is the sum of (i) one thousand dollars, and (ii) 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 after the first day, and (b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues. 28(4) The conviction of a person under this section does not operate as a bar to further prosecution for the continued neglect or failure on his or her part to comply with the provisions under this By-law. Repeal 29 A By-law of The City of Saint John enacted on the 2nd day of September, 2008 entitled `By-law Number M-14, A By-law Respecting Standards for Maintenance and Occupancy of Buildings and Premises" and all amendments thereto are repealed. `W a) Famende minimale qui peut etre imposee est la somme des montants suivants : (i) 1 000 $; plus (ii) Famende minimale prevue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipliee par le hombre de jours pendant lesquels Finfraction se poursuit apr&s la premiere j ourn&e; et b) Famende maximale qui peut etre impos&e est Famende maximale prevue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipliee par le hombre de jours pendant lesquels Finfraction se poursuit. 28(4) La declaration de culpabilit& d'une personae en application du present article n'exclut pas les poursuites ult&rieures si cette personae continue de n&gliger ou d'omettre de se conformer aux dispositions du present arrW. Abrogation 29 L'arret& de The City of Saint John edict& le 2e jour de septembre 2008 intitul& « Arrete No M-14, Arrete relatif aux normes d'entretien et d'occupation des bdtiments et des lieux », ensemble ses modifications, soot abrog&s. -21 - IN WITNESS WHEREOF the City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this By-law the day of , A.D. 2018 and signed by: EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrete le 2018, avec les signatures suivantes Mayor/Maire Common Clerk/Greffier communal First Reading - Premiere lecture - Second Reading - Deuxieme lecture - Third Reading - Troisieme lecture - Schedule "A" FORM 1 ORDER TO COMPLY (Saint John Minimum Property Standards By-law, By-law Number M-14, ss. 25(1)) Parcel Identifier: Address: Owner(s) or Occupier(s): Name: _ Address: Local Government issuing order: By-law contravened: -22 - Annexe « A)> FORMULE 1 ORDONNANCE DE CONFORMITE (Arrete concernant les normes minimales regissant les residences de Saint John, Arrete numero M-14, par. 25(1)) Numero d'identification de la parcelle Adresse : Proprietaire(s) on occupant(s) : Nom: _ Adresse Gouvernement local signifiant I'ordonnance : Arrete enfreint : Provision(s) contravened: Disposition(s) enfreinte(s) : Description of condition(s): Description de la (des) condition(s) Remedy or remedies required: Mesure(s) a prendre : Date by which the remedy or remedies must occur: Date a laquelle la on les mesures doivent etre prises :' Date by which notice may be appealed: Date a laquelle un appel de I'avis peut etre depose : Process to appeal: Processus d'appel : Potential penalty for non-compliance within Penalite possible pour non-conformite dans le delai specified timer prescrit : 2 Dated at the day of , 20. Fait a le , 20 Local Government: Gouvernement local: Signature of By-law Enforcement Officer: Signature de I'agent charge de I'execution des arretes : `ff- A -23 - Contact 23 - Contact information of By-law Enforcement Coordonnees de I'agent charge de I'execution des Officer: arretes : Name: Mailing address: Telephone: Email: Fax: Corporate seal of the local government Nom: Adresse postale Telephone : Adresse electronique TO&opieur : Sceau du gouvernement local Notes: Notes : 1. All appropriate permits must be obtained and all relevant 1. Tons les permis prescrits doivent etre obtenus et tome la legislation must be complied with in the course of carrying out the legislation pertinente doit etre respectee, pendant 1'execution de la required remedial action. mesure de recours. 2. Payment of the fine does not alleviate the obligation to comply 2. Le paiement de 1'amende n'annule pas l'obligation de respecter with the by-law, standard or order to comply. 1'arrete, la norme on l'ordonnance de conformitL A BY-LAW RESPECTING STANDARDS FOR MAINTENANCE AND OCCUPANCY OF BUILDINGS AND PREMISES By-law Number M-14 The City of Saint John New Brunswick Oz VK ,rtaiIJu ���IUVNd,IkN�dr ia� rev� w ARRETEi RELATIF AUX NORMES D'ENTRETIEN ET D'OCCUPATION DES w BATIMENTS ET DES LI EUX Arrete numero M-14 `M:111 The City of Saint John Nouveau -Brunswick -2 - Table of Contents Section Page 1 Title & Scope 4 2 Definitions 4 3 Adoption of Provincial Residential et d'occupation des residences Properties Code 8 4 Appointment of Standards & Inspection Officers 9 5 General Duties & Obligations 9 6 Responsibilites of Occupants 10 7 Cooking Facilities 10 8 Plumbing 11 9 Toilet, Wash & Other Sanitary et d'occupation des residences Facilities 11 10 Garbage, Storage & Disposal 11 11 Fire Protection Measures 12 12 Egress 13 13 Floors 14 14 Basements, Cellars & Unheated Crawl Spaces 14 15 Water Damage 14 16 Doors & Windows 15 17 Exterior Walls 15 18 Stairs, Porches & Landings 16 19 Handrails 16 20 Retaining Walls 17 21 Signs 17 22 Air Conditioners & Projections 17 Table des matieres Section Page 1 Titre et champ d'application 4 2 Definitions 4 3 Adoption du Code provincial d'entretien et d'occupation des residences 8 4 Nomination des agents des normes et des inspections 9 5 Fonctions et responsabilites generales 9 6 Responsabilite des occupants 10 7 Installation de cuisine 10 8 Installation de plombede 11 9 Salles de toilette, salles de bain et autres installations sanitaires 11 10 elimination des dechets 11 11 Mesures de protection-incendie 12 12 Issues 13 13 Planchers 14 14 Sous -sols, caves et vides sanitaires non chauffes 14 15 Degats causes par 1'eau 14 16 Portes et fenetres 15 17 Murs exterieurs 15 18 Escaliers, porches et paliers 16 19 Mains courantes 16 20 Murs de sout&nement 17 21 Panneaux 17 22 Climatiseurs et saillies 17 IirLe7 23 Issuance of Notice to Comply 18 24 Proof of Service 18 25 Admissible Evidence 20 26 Appeals 21 27 Registration of Notice to Comply 23 28 Offences 25 29 Ticketable Offences 28 30 Remedies 28 31 Emergency Situations 30 32 Measures Taken 31 33 Right of Entry 33 34 Certificate for Debt 35 35 Lien 36 36 Debt Due to Municipality 37 -3- 23 Lmission d'avis de conformite 18 24 Preuve de la notification 18 25 Admissible en preuve 20 26 Appels 21 27 Enregistrement d'avis de conformite 23 28 Infractions 25 29 Infractions pouvant faire I'objet d'une contravention 28 30 Recours 28 31 Situations d'urgence 30 32 Mesures prises 31 33 Droit de penetrer 33 34 Certificat de creance 35 35 Privilege 36 36 Creance d'une municipalite 37 171 BE! The Common Council of The City of Saint John, under authority vested in it by Section 94 of the Municipalities Act, R.S.N.B. 1973, c.M-22, and amendments thereto, enacts as follows: 1 TITLE $ SCOPE Le conseil communal de The City of Saint John, en vertu des pouvoirs que lui confere I'article 94 de la Loi sur les municipalites, L.R.N.-B. 1973, chapitre M-22, ainsi que les modifications afferentes, edicte : 1 TITRE ET CHAMP D'APPLICATION 1(1) This By-law may be cited as the 1(1) Le present arrete de The City of "Saint John Minimum Property Saint John peut etre cite sous le Standards By-law". titre Arrete sur les normes minimales regissant les residences. 1(2) This By-law outlines the minimum 1(2) Le present arrete, qui definit les standards of residential properties normes minimales regissant les within The City of Saint John and residences de The City of Saint has the following objectives: John, a pour objectifs : (a) to adopt and establish standards governing the condition, occupancy and maintenance of residential property; and (b) to provide safeguards for the safety, health and welfare of the general public and of occupiers and users of residential property. a) d'adopter et de fixer des normes regissant ['&tat, I'occupation et 1'entretien des residences; b) de garantir la securite, la sante et le bien-etre du public ainsi que des occupants et usagers des residences. 1(3) The Saint John Building By -Law 1(3) L'Arrete sur les batiments de and the Zoning By -Law apply with Saint John et I'Arrete de zonage respect to any work which is to be sont valables pour tout travail qui carried out as a result of the sera effectue en application du enforcement of this By-law. present arrete. 2 DEFINITIONS 2(1) In this By-law: 2 DEFINITIONS 2(1) Les definitions qui suivent s'appliquent au present arrete : -5- (a) "City' means The City of Saint John; (b) "Code" means the Residential Properties Maintenance and Occupancy Code Approved Regulation — Municipalities Act, New Brunswick Regulation 84- 86, under the Municipalities Act, and amendments thereto; (c) "Dwelling" means a building any part of which is used or is intended to be used for the purposes of human habitation, whether or not the building is in such state of disrepair so as to be unfit for such purpose; (d) "Dwelling unit' means one or more rooms located within a dwelling and used or intended to be used for human habitation by one or more persons; (e) "Exit' means that part of a means of egress, including doorways, that leads from the floor area it serves, to a separate building, an open public thoroughfare, or an exterior open space protected from fire exposure from the building and having access to an open public thoroughfare; liIFW a) « agent des inspections » designe un agent des inspections nomme en vertu du present arrete et designe par resolution du Conseil communal. (Inspection Officer) b) « agent des normes)) designe un agent des normes nomme en vertu du present arrete ainsi qu'un agent charge de 1'execution des arretes municipaux nomme conformement a I'article 14 de la Loi sur la Police et designe par resolution du Conseil communal. (Standards Officer) c) « avis de conformit& designe un avis emis par un agent des normes selon la formule visee par reglement en vertu de la Loi sur les municipalites. (Notice to Comply) d) « Code)) designe Reglement portant approbation du code d'entretien et d'occupation des residences — Loi sur les municipalites, Reglement du Nouveau -Brunswick 84-86 ainsi que ses modifications afferentes. (Code) e) « Code national du batiment» designe 1'edition et les parties actuelles les plus a jour du Code national du batiment du Canada adoptees par la province du Nouveau -Brunswick et le Conseil communal de The City of Saint John. (National Building Code) am (t) "Flame Spread Rating" means an index or classification indicating the extent of spread - of -flame on the surface of a material or an assembly of materials as determined in a standard fire test as prescribed in the National Building Code of Canada; (g) "Guard' means a protective barrier around openings in floors or at the open sides of stairs, landings, balconies, mezzanines, galleries, raised walkways or other locations to prevent accidental falls from one level to another; (h) `Inspection Officer" means an inspection officer appointed under this By-law and designated by resolution of Common Council; {i) "Means of egress" means a continuous path of travel provided for the escape of persons from any point in a building or contained open space to a separate building, an open public thoroughfare, or an exterior open space protected from fire exposure from the building and having access to an open public thoroughfare; `tL1 f) « garde -corps)) designe une barriere de protection placee autour des ouvertures dans un plancher ou sur les cotes ouverts d'un escalier, d'un palier, d'un balcon, d'une mezzanine, d'une galerie ou d'un passage pieton sureleve ou a tout autre endroit afin de prevenir une chute accidentelle dans le vide. (Guard) g) « habitation » designe un batiment dont une partie sert ou est destinee a loger des personnes, que ce batiment soit ou non dans un etat de delabrement qui le rende inhabitable. (Dwelling) h) « indice de propagation de la flamme » designe un indice ou classification indiquant I'ampleur de la propagation de la flamme a la surface d'un materiau ou d'un ensemble de materiaux, determine selon 1'essai normalise de resistance au feu prescrit dans le Code national du batiment du Canada. (Flame Spread Rating) i) « ingenieur qualifie » designe un ingenieur agree aupres de ('Association des ingenieurs et des geoscientifiques du Nouveau -Brunswick (AIGNB) possedant des competences reconnues dans le domaine dont it est question. (Qualified engineer) -7 - "National Building Code" means that current, most updated edition and parts of the National Building Code of Canada adopted by the Province of New Brunswick and the Common Council of The City of Saint John; (k) "Notice to Comply' means a notice in the form prescribed by Regulation under the Municipalities Act issued by a Standards Officer; (I) "Occupier" means a person who is leasing a dwelling or dwelling unit from another person; (m) "Owner" means any person entitled to any freehold or other estate or interest in land, at law or in equity, in possession, or in futurity or expectancy, such as a mortgagee, mortgagor, lessee under lease, tenant, occupant, licencee, permittee or any other person having care, control, domain and management over the premises or who receives any rent or pays municipal taxes in respect thereof; (n) "Premise" means land with all Its appurtenances and structures thereon; HFAII j) « issue » designe la partie d'un moyen d'evacuation, y compris les portes, qui conduit de I'aire de plancher qu'il dessert a un batiment distinct, a une voie de circulation publique ou a un endroit exterieur a decouvert non expose au feu provenant du batiment et ayant un acces a une voie de circulation publique. (Exit) k) a lieux » " designe un terrain avec toutes ses dependances et structures y afferentes. (Premise) I) « logement » designe une ou plusieurs pieces situees dans une habitation et servant ou destinees a loger une ou plusieurs personnes. (Dwelling unit) m) « moyen d'evacuation » designe une voie continue d'evacuation permettant aux personnes qui se trouvent a un endroit quelconque d'un batiment ou d'une tour interieure d'acceder a un batiment distinct, a une voie de circulation publique ou a un endroit exterieur a decouvert non expose au feu provenant du batiment et donnant acces a une voie de circulation publique. (Means of egress) n) « occupant)) designe la personne a qui une autre personne loue une habitation ou un logement. (Occupier) WE (o) "Qualified engineer' means a professional engineer registered with the Association of Professional Engineers and Geoscientists of New Brunswick (APEGNB) who has established competence in the subject being addressed; (p) "Standards Offrcee' means a standards officer appointed under this By-law and also a by- law enforcement officer appointed pursuant to section 14 of the Police Act and designated by resolution of Common Council; and q) "Structure" means any construction composed of one or more parts or members, joined together in some definite manner. 3 ADOPTION OF PROVINCIAL RESIDENTIAL PROPERTIES CODE o) « proprietaire » designe toute personne qui a droit a un droit en tenure libre ou a tout autre droit ou interet sur un bien-fonds, en droit ou en equity, actuel ou eventuel, tel qu'un creancier hypothecaire, un debiteur hypothecaire, un preneur a bail, un Iocataire, un occupant, le titulaire d'un droit ou permis d'usage ou toute autre personne ayant le soin, le controle, la propriete pleine et entiere et la gestion des locaux ou qui en permit le loyer ou en paye les taxes municipales. (Owner) p) r( structure s) designe un ouvrage de construction compose de pieces jointes d'une faron bien determinee. (Structure) q) « Ville » designe The City of Saint John. (City) 3 ADOPTION DU CODE PROVINCIAL D'ENTRETIEN ET D'OCCUPATION DES RESIDENCES 3(1) The Residential Properties 3(1) Maintenance and Occupancy Code Approval Regulation — Municipalities Act approved by the Lieutenant — Governor in Council pursuant to section 93 of the said Municipalities Act, is hereby adopted. Iii rLI Le Reglement portant approbation du code d'entretien et d'occupation des residences — Loi sur les municipalites approuve par le lieutenant-gouverneur en Conseil en vertu de I'article 93 de la Loi sur les municipalites est adopte. 3(2) Where there is conflict between the 3(2) En cas d'incompatibilite entre le Code and this By-law, the higher Code et le present arrete, la norme standard shall apply. la plus severe s'applique. 4 APPOINTMENT OF STANDARDS 4 NOMINATION DES AGENTS DES & INSPECTION OFFICERS NORRIES ET DES INSPECTIONS 4(1) Common Council may, for the purposes of the administration and enforcement of this By-law, appoint Standards Officers and Inspection Officers who may exercise such powers and perform such duties as may be set out in this By-law and/or in the Code and/or in the Municipalities Act. 4(2) Each Standards Officer and Inspection Officer appointed under this section shall be issued with an identity card bearing his name, his title, his signature, his photograph, the City Crest and the signature of the Building Inspector. 5 GENERAL DUTIES & OBLIGATIONS 4(1) Le consell communal peut, pour les fins de I'administration et de ['application du present arrete, nommer des agents des normes et des agents des inspections charges d'exercer les pouvoirs et remplir les fonctions prevus dans le present arrete et/ou le Code et/ou la Loi sur les municipalites. 4(2) Est delivre a chacun des agents des normes et agents des inspections nommes en vertu du present article une carte -photo dldentU sur laquelle figurent son nom, son titre et sa signature ainsi que les armoiries de la municipalite et la signature de I'inspecteur des batiments. 5 FONCTIONS ET RESPONSABILITES GENERALES 5(1) No owner shall permit the use of, 5(1) rent or offer to rent any building or part thereof that does not conform to the standards established by this By-law. 5(2) A person who is leasing a dwelling unit to another person shall affix a number or a letter or a combination of both numbers and letters to the entrance door to every dwelling unit, which can be easily seen and read by persons providing emergency services. II est interdit au proprietaire d'utiliser tout batiment ou partie de batiment non conforme aux normes etablies par le present arrete, d'en permettre ('utilisation, de le louer ou de I'offrir en location. 5(2) Une personne qui loue un logement a une autre personne doit apposer, a la porte principale de chaque logement, un numero ou une lettre ou une combinaison des deux pouvant facilement etre vu et lu par les personnes qui foumissent des services d'urgence. HFAFA -10- 6 RESPONSIBILITIES OF 6 RESPONSABILITES DES OCCUPANTS OCCUPANTS 6(1) Every occupier of a dwelling or 6(1) dwelling unit shall maintain that part of the premise which he controls or occupies in a reasonably clean, sanitary and safe condition. Chaque occupant d'une habitation ou d'un logement dolt maintenir la partie des lieux qu'il occupe ou qui est placee sous son autorite en bon etat de proprete, de salubrite et de securite. 6(2) An occupier shall not obstruct an 6(2) Un occupant ne doit pas obstruer exit over which he has control. une issue placee sous son autorite. 7 COOKING FACILITIES 7 INSTALLATION DE CUISINE 7(1) Where a dwelling unit is provided 7(1) Dans le cas ou un logement serait with cooking facilities: dote d'une installation de cuisine (a) the unit must be equipped with a sink with hot and cold running water; and (b) the unit must have a floor area of at least 11.2 square metres if the unit is occupied by only one person. 7(2) A kitchen used by the occupiers of more than one dwelling unit shall contain a sink, cooking facilities, and a refrigerator that has at least 0.056 cubic metres of space for each occupier. a) le logement dolt etre dote d'un evier alimente en eau courante chaude et froide ; et b) le logement dolt avoir une aire de plancher d'au moins 11,2 metres carres s'il est occupe par une seule personne. 7(2) Une cuisine utilisee par les occupants de plusieurs logements doit etre dotee d'un evier, d'installations de cuisson et d'un refdgerateur qui prevoit au moins 0,056 metre cube pour chaque occupant. -11- 8 PLUMBING 8 INSTALLATION DE PLOMBERIE 8(1) Every dwelling and dwelling unit 8(1) Chaque habitation et chaque shall contain plumbing which shall logement doivent etre dotes d'une meet the standards and installation de plomberie qui repond requirements of the National aux normes et aux exigences du Building Code. Code national du batiment. 9 TOILET, WASH $ OTHER SANITARY FACILITIES 9 SALLES DE TOILETTE, SALLES DE BAIN ET AUTRES INSTALLATIONS SANITAIRES 9(1) Toilet rooms, bathrooms and 9(1) shower rooms serving more than one dwelling unit shall be accessible from a public hallway. 9(2) Toilet rooms, bathrooms and shower rooms shall be fully enclosed and have doors that are capable of being locked from the inside only. These rooms shall provide privacy to the residents. 10 GARBAGE, STORAGE S DISPOSAL 10(1) Every owner shall: (a) provide an exterior garbage enclosure which shall be adequate to contain two week's garbage; and (b) dispose of the garbage and refuse in accordance with the provisions of the Solid Waste By-law of The City of Saint John. Les salles de toilette, les salles de bain et les salles de douche utilisees par les occupants de plusieurs logements doivent etre accessibles a partir d'un corridor public. 9(2) Les salles de toilette, fes salles de bain et les salles de douche doivent etre completement closes et dotees de portes se verrouillant de I'interieur seulement. De telles salles doivent garantir I'intimite des residents. 10 ELIMINATION DES DECHETS 10(1) Le proprietaire doit : MO] a) fournir une enceinte a dechets exterieure pouvant recevoir les dechets de deux semaines entieres ; et b) assurer I'Mimination des ordures et dechets conformement aux dispositions de I'Arrete de The City of Saint John sur les dechets solides. -12- 11 FIRE PROTECTION MEASURES 11(9) Every owner shall provide fire separations between adjacent units, hallways, exit paths, and floor assemblies by a fire separation having a fire resistance rating of not less than that required by the National Building Code. 11(2) Furnace rooms, service rooms, storage rooms, and garages must be separated from the remainder of the dwelling by a fire separation having a fire resistance rating of not less than that required by the National Building Code. 11(3) Every owner of a dwelling shall install and maintain a smoke alarm in good working order within 5 metres of every bedroom and at least one smoke alarm is to be provided on every floor level. 11 MESURES DE PROTECTION- INCENDIE 11(1) Tout proprietaire doit fournir des separations coupe -feu entre fes logements adjacents, les couloirs, les voies d'issue et les elements de plancher ayant un degre de resistance au feu au moins egal a celui exige par le Code national du batiment. 11(2) Les chaufferies, les locaux techniques, les locaux d'entreposage et les garages doivent etre isoles du reste de ('habitation par une separation coupe -feu ayant un- degre de resistance au feu au moins egal a celui exige par le Code national du batiment. 11(3) Tout proprietaire d'une habitation doit installer un avertisseur de fumee a moins de 5 metres de chaque chambre a toucher et le maintenir en bon Mat de fonctionnement. De plus, au moins un avertisseur de fumee doit etre installe a chaque etage. 11(4) An occupier shall not disconnect or 11(4) Un occupant ne doit pas, dans son remove smoke alarms or remove habitation ou son logement, batteries of smoke alarms within debrancher ou enlever les their dwelling or dwelling unit. avertisseurs de fumee ou en retirer les piles. 11(5) Every owner of a dwelling shall provide that all exposed interior surfaces shall have a flame spread rating of not more than 150 as per Appendix D of the National Building Code, except whereas permitted by the National Building Code. 11(5) Tout proprietaire d'une habitation doit veiller a ce que toutes les surfaces interieures exposees aient un indite de propagation de la flamme d'au plus 150 conformement a I'annexe D du Code national du batiment, sauf dans les cas permis par le Code national du batiment. Iii F-1191 -13- 11(6) Every owner of a dwelling not provided with sprinkler protection shall provide each bedroom with one exterior window openable from the inside without the use of tools or special knowledge and shall provide unobstructed opening with areas not less than 0.35 square metres and with no dimension less than 380 millimetres. 12 EGRESS 12(1) Every dwelling unit shall have safe, continuous and unobstructed access to exits. 12(2) There shall be provided two means of egress from every floor area in a dwelling. Two separate exits in opposite directions must be available from an egress door from a dwelling unit which opens onto a corridor or exterior passageway, unless the dwelling unit has a second and separate means of egress. 11(6) Tout proprietaire d'une habitation non dotee d'une protection par gicleurs dolt installer dans chaque Chambre a coucher une fenetre exterieure ouvrable de I'interieur sans outils ni connaissances speciales qui offre une ouverture degagee d'une surface d'au moins 0,35 metre carres, sans qu'aucune dimension ne soit inferieure a 380 millimetres. 12 ISSUES 12(1) Chaque logement doit avoir un acces sur, continu et non obstrue a une issue. 12(2) Deux issues distinctes doivent etre prevues a chaque etage dune habitation. Deux issues distinctes situees dans des directions opposees doivent pouvoir etre atteintes a partir d'une porte de sortie d'un logement qui donne sur un Couloir ou une voie de passage exterieure, sauf si le logement comporte un second moyen d'evacuation independant du premier. 12(3) Where a dwelling unit has a direct 12(3) access to an exit at street or grade level, a single exit is permitted, provided that the exit serves only that dwelling unit. Dans le cas ou le logement communiquerait directement avec une issue au niveau du sol ou de la rue, it est permis de n'avoir qu'une seule issue, pour autant que Celle-ci ne serve qu'a ce logement. 12(4) Where an occupier must travel 12(4) Dans le cas ou un occupant devrait more than one flight of interior stairs monter ou descendre plus d'une to access an exit, the dwelling unit volee interieure pour acceder a une must be provided with a second issue, le logement dolt en compter exit. une seconde. NEE 13 FLOORS 13(1) Every floor shall not have a slope of more than 10 millimetres in 2 metres. 13(2) Every owner shall provide and maintain in good repair guards around openings in interior floors, exterior decks, landings, porches, and balconies and at the open side of stairs, and shall be: (a) not less than 900 millimetres in height in the case of stairways and interior floor openings, and not less than 1070 millimetres in height in all other cases; (b) spaced not greater than 100 millimetres apart; and (c) not facilitate climbing. 14 BASEMENTS CELLARS & UNHEATED CRAWL SPACES 14(1) Basements, crawl spaces or cellars shall be kept dry of water on floors by use of ventilation, floor drains or other approved means. 15 WATER DAMAGE 15(1) Any building component which has been subjected to water damage shall be repaired or replaced. 13 PLANCHERS 13(1) Les planchers ne doivent pas avoir une pente de plus de 10 millimetres sur 2 metres. 13(2) Tout proprietaire doit fournir et maintenir en bon etat les garde -corps places autour des ouvertures dun plancher interieur, d'une terrasse exterieure, d'un palier, d'un porche et d'un balcon ainsi que ceux places sur le cote ouvert d'un escalier. Les garde - corps : a) doivent avoir une hauteur d'au moins 900 millimetres lorsqu'ils sont places autour des ouvertures d'un escalier ou d'un plancher interieur et une hauteur d'au moins 1070 millimetres dans tous les autres cas ; b) ne doivent pas etre espaces par plus de 100 millimetres ; et c) ne permettent pas 1'escalade. 14 SOUS -SOLS, CAVES ET VIDES SANITAIRES NON CHAUFFES 14(1) Les sous -sols, les vides sanitaires ou les caves doivent etre maintenus exempts d'eau au sol au moyen de ventilation, d'avaloirs de sol ou d'autres moyens approuves. 15 DEGATS CAUSES PAR UEAU 15(1) Toute composante d'un batiment exposee a un degat cause par 1'eau doit etre reparee ou remplacee. Iii F:3O� -15- 16 DOORS & WINDOWS 16(1) Rotted or damaged doors, door frames, window frames, sashes and casings, weather-stripping, broken glass and defective door and window hardware shall be repaired or replaced. 16(2) All windows intended to be opened and all exterior doors in a dwelling unit shall have hardware which will allow them to be locked or otherwise secured from inside the building. 16 PORTES ET FENETRES 16(1) Les portes, encadrements de porte, encadrements de fenetre, chassis et dormants pourris ou endommages, fes coupe -bice et fes vitrages brises et la ferronnerie defectueuse des portes et fenetres doivent etre repares ou remplaces. 16(2) Toutes les fenetres qui ouvrent et toutes les portes exterieures d'un logement doivent comporter des ferrures permettant de les verrouiller ou de les condamner de I'interieur du batiment. 16(3) At least one entrance door to a 16(3) Au moins une porte d'entree au dwelling unit shall have hardware logement doit comporter des which permits the door to be locked ferrures permettant de la verrouiller or secured from both inside and ou de la condamner de I'interieur ou outside of the unit. de 1'extddeur du logement. 17 EXTERIOR WALLS 17 MURS EXTERIEURS 17(1) Exterior walls and exterior openings 17(1) shall be maintained in good repair and weatherproofed to prevent the entrance of wind or precipitation into the dwelling. Les murs exterieurs et les ouvertures exterieures doivent etre maintenus en bon etat et etanches de fagon a empecher que le vent ou les precipitations ne penetrent a I'interieur de l'habitation. 17(2) Cornices and flashing shall be 17(2) Les corniches et les solins doivent maintained in a water -tight condition etre maintenus etanches afin so as to prevent leakage of water d'empecher 1'eau de penetrer a into the dwelling. I'interieur de ('habitation. Ii F-1191 -16- 18 STAIRS, PORCHES & LANDINGS 18 ESCALIERS, PORCHES ET PALIERS 18(1) Every porch, balcony, exterior fire escape, deck, landing, exit stairs and exterior stairs must be provided with a suitable foundation that extends 1.2 metres below grade or to solid bedrock or has been designed by a qualified engineer. 18(2) Every porch, balcony, exterior fire escape, deck, landing, exit stairs, exterior stairs and supporting structural member shall be maintained so as to be free of rot, deterioration or other defects. 18(3) Every porch, balcony, exterior fire escape, deck, landing, exit stairs, exterior stairs and supporting structural member shall be treated with paint or stain or other suitable means as required to prevent deterioration. 19 HANDRAILS 18(1) Tous les porches, balcons, escaliers de secours, terrasses, paliers, escaliers de sortie, escaliers exterieurs doivent etre dotes d'une fondation appropriee qui doit etre a 1,2 metre au-dessous du niveau du sol ou sur de la ruche solidifiee ou conque par un ingenieur qualifie. 18(2) Tous les porches, balcons, escaliers de secours ext6heurs, terrasses, paliers, escaliers de sortie, escaliers exterieurs et elements de soutenement doivent We entretenus de fagon a etre exempts de pourriture, de deterioration ou d'autres defauts. 18(3) Tous les porches, balcons, escaliers de secours ext6deurs, terrasses, paliers, escaliers de sortie, escaliers exterieurs et elements de soutenement doivent etre traites au moyen d'une peinture ou d'une teinture ou d'autres moyens appropries de fagon a prevenir leur deterioration. 19 MAINS COURANTES 19(1) Every owner shall provide and 19(1) Tout proprietaire doit fournir et maintain handrails in good repair, maintenir en bon etat les mains and shall be: courantes qui doivent etre : (a) provided on at least one side of stairs which are less than 1100 millimetres in width; (b) provided on two sides of stairs which are 1100 millimetres in width or greater; a) installees sur au moins un cote d'un escalier d'une largeur inferieure a 1 100 millimetres ; b) installees sur les deux cotes d'un escalier d'une largeur del 100 millimetres ou plus; -17- (c) continuous throughout the length of the stairway, except where interrupted by doorways or newel posts at changes in direction; and (d) not less than 800 millimetres in height, and not more than 965 millimetres in height. 20 RETAINING WALLS 20 c) continues sur toute la longueur de l'escalier, sauf si elles sont interrompues par des entrees de porte ou des balustres aux changements de direction ; et d) d'une hauteur d'au moins 800 millimetres et d'au plus 965 millimetres. MURS DE SOUTENEMENT 20(1) All retaining walls and barriers shall 20(1) Tous les murs de soutenement be: doivent etre : (a) kept in good repair; (b) free from accident hazards; and (c) protected by paint, preservative or other weather -resistant material. 21 SIGNS 21(1) All signs and billboards including their supporting members shall be maintained in good repair and any signs which are excessively weathered or faded, or those upon which the paint has excessively peeled or cracked, shall be removed, repainted or replaced. 22 AIR CONDITIONERS $ PROJECTIONS 22(9) All air conditioners shall be securely anchored and maintained in a safe mechanical and electrical condition. a) maintenus en bon &tat ; b) exempts de risques d'accident ; et c) proteges au moyen de peinture, d'agents de preservation ou d'autres maWaux a I'epreuve des intemp6des. 21 PANNEAUX 21(1) Tous les panneaux et tableaux d'affichage, y compris leurs elements de soutien, doivent etre maintenus en bon etat et tous les panneaux qui sont trap alt&res ou d&fraichis ou dont la peinture est trop craquelee ou ecaillee doivent 8tre enleves, repeints ou remplaces. 22 CLIMATISEURS ET SAILLIES 22(1) Tous les climatiseurs doivent etre bien ancres et maintenus en &tat mecanique et &lectrique securitaire. `E:16'7 -18- 22(2) All canopies, marquees, signs, awnings, standpipes, exhaust ducts, and similar projections, shall be maintained in good repair, properly anchored and protected against decay or deterioration. 23 ISSUANCE OF NOTICE TO COMPLY 23(1) Where the condition of a premise, dwelling, dwelling unit or structure does not comply with this By-law, a Standards Officer may notify the owner or occupier of the premise, dwelling, dwelling unit or structure by notice which shall: (a) be in writing; (b) be signed by the Standards Officer; (c) state the manner in which the premise, dwelling, dwelling unit or structure does not comply with this By-law; (d) state what must be done to correct the condition; (e) state the date before which the condition must be corrected; and (f) if an appeal may be brought under subsection 26(1), state the final date for giving notice of the appeal. 24 PROOF OF SERVICE 22(2) Tous les panneaux, avancees, marquises, auvents, colonnes montantes, conduits d'evacuation et autres saillies de m6me nature doivent etre maintenus en bon etat, bien ancres et proteges contre la degradation ou la deterioration. 23 EMISSION D'AVIS DE CONFORMITE 23(1) Lorsqu'une situation mentionn(De dans le present arrete existe relativement a une habitation, un logement, une structure ou aux lieux, un agent des normes peut aviser le proprietaire ou ('occupant de ('habitation, du logement, d'une structure ou des lieux par avis selon la formule prescrite par reglement et qui doit a) etre ecrit ; b) etre signe par I'agent des normes; c) etablir 1'existence de la situation menant au non respect du present arrete par ('habitation, le logement, la structure ou les lieux ; d) specifier ce qu'il faut faire pour remedier a tette situation ; e) specifier le Mai accorde pour remedier a cette situation ; et f) specifier le delai imparti pour donner un avis d'appel si un appel peut etre interjete en vertu du paragraphe 26(1). 24 PREUVE DE LA NOTIFICATION 24(1) A notice referred to in subsection 24(1) L'avis vise au paragraphe 23(1) 23(1) shall be given: doit etre notifie : `E:N -19- (a) if the person to be notified is an individual, by personal delivery on the individual or by posting the notice in a conspicuous place on the premise, dwelling, dwelling unit or structure, or (b) if the person to be notified is a corporation, by personal delivery on an officer, director or agent of the corporation or on a manager or person who appears to be in control of any office or other place of business where the corporation carries on business in New Brunswick or by posting the notice in a conspicuous place on the premise, dwelling, dwelling unit or structure. 24(2) Proof of the giving of notice in either manner provided for in subsection 24(1) may be by a certificate or an affidavit purporting to be signed by the Standards Officer referred to in subsection 23(1), naming the person to whom notice was given and specifying the time, place and manner in which notice was given. a) si le destinataire est un particulier, par remise en main propre au destinataire ou par son affichage sur les lieux, ('habitation, le logement ou la structure en un endroit visible ; ou b) si le destinataire est une corporation, par remise en main propre a tout dirigeant, a tout administrateur, a tout representant de la corporation ou a tout gerant ou a toute personne qui parait etre responsable d'un bureau ou autre etablissement de la corporation au Nouveau -Brunswick ou par son affichage sur les lieux, ('habitation, le logement ou la structure en un endroit visible. 24(2) La preuve de la notification d'un avis par Pune des fagons prevues au paragraphe 24(1) peut etre faite au moyen d'un certificat ou d'un affidavit presente comme etant signe par I'agent des normes vise au paragraphe 23(1), et indiquant le nom de ('interesse, ainsi que I'heure, la date, le lieu et le mode de notification. -20- 25 ADMISSIBLE EVIDENCE 25 ADMISSIBLE EN PREUVE 25(1) A document purporting to be a 25(1) Un document presente comme Certificate under subsection 24(2) etant un certificat en vertu du shall be: paragraphe 24(2) dolt : (a) admissible in evidence without proof of signature, and (b) conclusive proof that the person named in the certificate received notice of the matters referred to in the certificate. 25(2) In any prosecution for a violation under this By-law, where proof of the giving of notice is made as prescribed under subsection 24(2), the burden of proving that one is not the person named in the certificate or affidavit shall be upon the person charged. a) etre admissible en preuve sans qu'il soit necessaire de prouver I'authenticite de la signature ; et b) constituer une preuve concluante que la personne designee dans le certificat a requ notification des faits qui y sont mentionnes. 25(2) Dans toute poursuite pour une infraction en vertu du present arrete, lorsque la preuve de la notification de I'avis est faite conformement paragraphe 24(2), i, personne accusee qu'elle n'est pas nommee dans le I'affidavit. au incombe a la de prouver la personne certificat ou 25(3) A notice given under 25(3) Un avis notifie en application du subsection 24(1) and purporting to paragraphe 24(1) et presente be signed by a Standards Officer comme etant signe par un agent shall be: des normes : (a) received in evidence by any court in the Province without proof of the signature, (b) proof in the absence of evidence to the contrary of the facts stated in the notice, and `E:1:3 a) dolt etre admis comme preuve devant tout tribunal de la province sans qu'il soit necessaire de prouver I'authenticite de la signature ; b) doit faire foi, en I'absence d'une preuve contraire, des faits qui y sont enonces ; et -21 - (c) in a prosecution for a violation under this By-law, proof in the absence of evidence to the contrary that the person named in the notice is the owner or occupier of the premise, dwelling, dwelling unit or structure in respect of which the notice was given. 26 APPEALS 26(1) An owner or occupier of a premise, dwelling, dwelling unit or structure who has been given a notice under subsection 24(1), other than a notice prepared under subsection 31(2), and who is not satisfied with the terms or conditions set out in the notice may appeal to the appropriate committee of council by sending a notice of appeal by registered mail to the clerk of the municipality within 14 days after having been given the notice. c) dans toute poursuite pour une infraction en vertu du present arrete, dolt faire foi, en I'absence d'une preuve contraire, que la personne qui y est nommee est le proprietaire ou ['occupant des lieux, de ['habitation, du logement ou de la structure pour lesquels la notification a ete effectuee. 26 APPELS 26(1) Le proprietaire ou ['occupant des lieux, de ['habitation, du logement ou de la structure a qui un avis a ete notiN aux termes du paragraphe 24(1), a 1'exception d'un avis qui a ete prepare aux termes du paragraphe 31(2), et qui n'accepte pas les modalites ou les conditions qui y sont enoncees peut interjeter appel devant le comite du conseil appropH6 en envoyant un avis d'appel par courrier recommande au secretaire de la municipalite dans les 14 jours qui suivent la notification de I'avis. 26(2) A notice that is not appealed within 26(2) L'avis dont it West pas interjete the time referred to in subsection appel dans le delai imparti au 26(1) shall be deemed to be paragraphe 26(1) est repute confirmed. confirme. 26(3) On an appeal, the committee of council shall hold a hearing into the matter at which the owner or occupier bringing the appeal has a right to be heard and may be represented by counsel. 26(3) Lors d'un appel, le comite du conseil dolt tenir, sur le point en litige, une audience au tours de laquelle le proprietaire ou I'occupant qui interjette appel a ie droit d'etre entendu et peat se faire representer par un avocat. Ii F-110.1 -22- 26(4) On an appeal, the committee of 26(4) Lors d'un appel, le comite du council may confirm, modify or Conseil peut confirmer, modifier ou rescind the notice or extend the annuler I'avis ou proroger le delai time for complying with the notice. pour s'y conformer. 26(5) The committee of council shall provide a copy of its decision to the owner or occupier of the premise, dwelling, dwelling unit or structure who brought the appeal within 14 days after making its decision. 26(6) The owner or occupier provided with a copy of a decision under subsection 26(5) may appeal the decision to a judge of The Court of Queen's Bench of New Brunswick within 14 days after the copy of the decision was provided to the owner or occupier 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. 26(7) On the appeal, the judge of The Court of Queen's Bench of New Brunswick may confirm, modify or rescind the whole or any part of the decision of the committee of council, and the decision of the judge under this subsection is not subject to appeal. 26(5) Le comite du conseil doit fournir une copie de sa decision au proprietaire ou a 1'occupant des lieux, de I'habitation, du logement ou de la structure qui lui a interjete appel dans les 14 jours suivant la date a laquelle it a rendu sa decision. 26(6) Le proprietaire ou ('occupant a qui une copie dune decision a ete fournie aux termes du paragraphe 26(5) peut, dans les 14 jours qui suivent, interjeter appel de la decision devant un juge de la Cour du Banc de la Reine du Nouveau -Brunswick au motif que : a) la demarche a suivre en vertu de la Loi sur les municipalites n'a pas ete suivie ; ou b) la decision est manifestement deraisonnable. 26(7) Lors de I'appel, le juge de la Cour du Banc de la Reine du Nouveau -Brunswick peut confirmer, modifier ou annuler, en tout ou en partie, la decision du comite du Conseil et la decision du juge en vertu de ce paragraphe n'est pas susceptible d'appel. Iii RX -23- 26(8) A notice that is deemed to be confirmed under subsection 26(2) or that is confirmed or modified by the committee of council under subsection 26(4) or a judge of The Court of Queen's Bench of New Brunswick under subsection 26(7), as the case may be, shall be final and binding upon the owner or occupier who shall comply within the time and in the manner specified in the notice. 26(9) An appeal does not prevent a further notice from being given under section 24(1) or from being prepared and signed under subsection 31(2) in relation to a condition referred to in the notice that is the subject of the appeal if there has been a change in the condition. 27 REGISTRATION OF NOTICE TO COMPLY 27(1) In this section: (a) "land registration office" means the registry office for a county or the land titles office for a land registration district. 26(8) Uavis qui est repute confirme aux termes du paragraphe 26(2) ou qui est confirme ou modifA par le comite du conseil aux termes du paragraphe 26(4) ou par un juge de la Cour du Banc de la Reine du Nouveau -Brunswick aux termes du paragraphe 26(7), selon le cas, est definitif et lie le proprietaire ou ('occupant, qui sant tenus de se conformer dans le delai et de la maniere qui sont precises dans I'avis. 26(9) Un appel n'a pas pour effet d'empecher la notification d'un autre avis aux termes du paragraphe 24(1) ou la preparation et la signature d'un autre avis aux termes du paragraphe 31(2) par rapport a une situation indiquee dans I'avis faisant ('objet de I'appel s'il y eut un changement de situation. 27 ENREGISTREMENT D'"IS DE CONFORMITE 27(1) Dans le present article a) « bureau d'enregistrement des biens-fonds » designe le bureau d'enregistrement d'un comte ou le bureau d'enregistrement foncier d'une circonscription d'enregistrement foncier. -24- 27(2) A notice given under section 24(1) may be registered in the appropriate land registration office and, upon such registration, any subsequent owner of the premise, dwelling, dwelling unit or structure in respect of which the notice was given shall be deemed, for the purposes of section 30 and 31, to have been given the notice on the day on which the notice was given under section 24(1). 27(2) L'avis notifie aux termes du paragraphe 24(1) peut etre enregistre au bureau d'enregistrement des biens-fonds approprie et des 1'enregistrement, tout proprietaire subsequent des lieux, de I'habitation, du logement ou de la structure pour lesquels la notification a ete effectuee est repute, pour ['application des articles 30 et 31, avoir requ notification de I'avis a la date a laquelle I'avis avait ete notifie aux termes du paragraphe 24(1). 27(3) For the purposes of registering a 27(3) notice under subsection 27(2), section 44 of the Registry Act and section 55 of the Land Titles Act do not apply. 27(4) Within 30 days after the terms of the notice have been complied with or a debt due to a municipality under subsection 30(1) or 32(1) or due to the Minister of Finance under subsection 36(3), as the case may be, is discharged, the municipality shall provide a certificate in the form prescribed by regulation to that effect to the person to whom the notice was given under section 24(1) or deemed to have been given under subsection 27(2), as the case may be, and the certificate shall operate as a discharge of the notice. L'article 44 de la Loi sur Penregistrement et I'article 55 de la Loi sur Penregistrement foncier ne s'appliquent pas a 1'enregistrement d'un avis aux termes du paragraphe 27(2). 27(4) Si les exigences formulees dans I'avis ont ete satisfaites ou que la creance de la municipalite aux termes du paragraphe 30(1) ou 32(1) ou la dette du ministre des Finances aux termes du paragraphe 36(3), selon le cas, a ete reglee, la municipalite doit, dans les 30 jours qui suivent, fournir a ]a personne a qui un avis avait 6t6 notifie aux termes du paragraphe 24(1) ou a la personne qui est reputee avoir requ notification de I'avis aux teretes du paragraphe 27(2), selon le cas, un certificat a cette fin, en la forme prescrite par reglement, qui a pour effet d'annuler I'avis. lykM 27(5) A person to whom a certificate is provided under subsection 27(4) may register the certificate in the appropriate land registration office, and, upon registration of the certificate, the appropriate registrar of the land registration office may cancel registration of the notice in respect of which the certificate was provided. 28 OFFENCES 28(1) A person who fails to comply with the terms of a notice given under section 24(1) commits an offence that is, subject to subsections 28(2) and 28(3), punishable under Part II of the Provincial Offences Procedure Act as a category F offence. 28(2) Notwithstanding subsection 56(6) of the Provincial Offences Procedure Act, where a person who is leasing a premise, dwelling, dwelling unit or structure to another person commits an offence under subsection 28(1) in relation to a notice given under section 24(1) with respect to the premise, dwelling, dwelling unit or structure, the minimum fine that may be imposed by a judge under that Act in respect of the offence shall be one thousand dollars. 28(3) Where an offence under subsection 28(1) continues for more than one day, 27(5) Toute personne a qui un certificat a ete foumi aux termes du paragraphe 27(4) peut faire enregistrer le certificat au bureau d'enregistrement des biens-fonds approprie et des 1'enregistrement, le registraire approprie du bureau d'enregistrement des biens-fonds peut annuler 1'enregistrement de I'avis pour lequel le certificat avait ete fourni. 28 INFRACTIONS 28(1) Quiconque omet de se conformer aux exigences formulees dans un avis notifie aux termes du paragraphe 24(1) commet une infraction qui est, sous reserve des paragraphes 28(2) et 28(3), punissable en vertu de la Partie II de la Loi sur la procedure applicable aux infractions provinciales a titre d'infraction de la classe F. 28(2) Nonobstant le paragraphe 56(6) de la Loi sur la procedure applicable aux infractions provinciales, lorsqu'une personne qui loue des lieux, une habitation, un logement ou une structure a une autre personne commet ('infraction prevue au paragraphe 28(1) relativement a 1'avis notifie aux termes du paragraphe 24(1) par rapport aux lieux, a ('habitation, au logement ou a la structure, I'amende minimale qui peut etre imposee par un juge en vertu de tette loi relativement a ('infraction est de 1 000 $. 28(3) Lorsqu'une infraction prevue au paragraphe 28(1) se poursuit pendant plus d'une journee, `RM -26- (a) if the offence was committed by a person in relation to notice given under section 24(1) with respect to a premise, dwelling, dwelling unit or structure the person is leasing to another person, (i) the minimum fine that may be imposed is the sum of (A) one thousand dollars, and (B) 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 after the first day, and (ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues, and (b) in any other case, `eLI a) dans le cas ou ['infraction aurait ete commise par une personne relativement a un avis notifie aux termes du paragraphe 24(1) par rapport a une habitation, un logement, une structure ou des lieux que celle-ci loue a une autre personne, (i) I'amende minimale qui peat We imposee est la somme des montants suivants : (A)1 000 $ ; et (B)I'amende minimale prevue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la Glasse F multipliee par le nombre de jours pendant lesquels ('infraction se poursuit apres la premiere journee ; et (ii) I'amende maximale qui peut etre imposee est I'amende maximale 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 ; et b) dans tout autre cas, SRAFAM (i) 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, and (ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues. 28(4) The conviction of a person under this section does not operate as a bar to further prosecution for the continued neglect or failure on his or her part to comply with the provisions under this By-law. (i) I'amende minimale qui peut etre imposee est I'amende minimale prevue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipiiee par le nombre de jours pendant lesquels ('infraction se poursuit, et (iii) I'amende maximale qui peut etre imposee est I'amende maximale prevue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la Glasse F multipliee par Ie nombre de jours pendant lesquels ('infraction se poursuit. 28(4) La declaration de culpabilite d'une personne en application du present article n'exclut pas les poursuites ulterieures si cette personne continue de negliger ou d'omettre de se conformer aux dispositions du present arrete. 11106191 -28- 29 28- 29 TICKETABLE OFFENCES 29(1) Upon the service of a ticket by a Standards Officer. a person who: (a) commits an offence under subsection 94.2(3) or 102.1(1.2) of the Municipalities Act may pay an amount of nine hundred dollars and upon such payment, the person is not liable to be prosecuted for the offence. 29 INFRACTIONS POUVANT FAIRE L'OBJET DUNE CONTRAVENTION 29(1) A la delivrance d'une contravention par I'agent des normes, une personne qui : a) commet ('infraction prevue au paragraphe 94.2(3) ou 102.1(1.2) de la Loi sur les municipalites peut payer un montant de 900 $ pour ('infraction et une fois le montant paye, la personne nest plus susceptible de poursuites judiciaires ; (b) violates any provision of this By-law b) may pay an amount of two hundred dollars and upon such payment, the person is not liable to be prosecuted for the offence. contrevient a toute disposition du present arrete peut payer un montant de 200 $ pour Vinfraction et une fois le montant paye, la personne n'est plus susceptible de poursuites judiciaires. 30 REMEDIES 30 RECOURS `1106Z:1 -29- 30(1) If a notice has been given under section 24(1), other than a notice prepared under subsection 31(2), and the owner or occupier does not comply with the notice, as deemed confirmed or as confirmed or modified by a committee of council or a judge under section 26, within the time set out in the notice, the municipality may, rather than commencing proceedings in respect of the violation or in addition to doing so, cause the condition or a portion of the condition as set out in the notice to be repaired or remedied and the cost of carrying out such work, including any related charge or fee, is chargeable to the owner or occupier and becomes a debt due to the municipality. 30(2) For the purpose of subsection 30(1), the Standards Officer who gave the notice in respect of the premise, dwelling, dwelling unit or structure and the employees of the municipality or other persons acting on behalf of the municipality may, at all reasonable times, enter upon the premise, dwelling, dwelling unit or structure, in order to repair or remedy the premise, dwelling, dwelling unit or structure, as the case may be. 30(3) A municipality or a person acting on its behalf is not liable to compensate an owner or occupier or any other person by reason of anything done by or on behalf of the municipality in the reasonable exercise of its powers under this section. 30(1) Si un avis a ete notifie aux termes du paragraphe 24(1), a 1'exception d'un avis qui a ete prepare aux termes du paragraphe 31(2), et que le proprietaire ou I'occupant ne se conforme pas a cet avis dans le Mal imparti et tel qu'il est repute confirme ou tel qu'il est confirme ou modifie par un comite du conseil ou par un juge en vertu de I'article 26, la municipalite peut, au lieu d'intenter des procedures relatives a ('infraction ou en plus d'intenter des procedures relatives a l'infraction, faire en sorte que la situation ou une partie de la situation etablie par I'avis soit reparee ou restauree, et les frais relatifs a 1'execution de ces travaux, y compris toute redevance ou tout droit afferent, sont a la charge du proprietaire ou de I'occupant et deviennent une creance de la municipalite. 30(2) Pour I'application du paragraphe 30(1), I'agent des normes qui a notifie I'avis relativement aux lieux, a ('habitation, au logement ou a la structure et les employes de la municipalite ou toute autre personne qui agit au nom de celle-ci peuvent penetrer, a tout moment raisonnable, dans les lieux, I'habitation, le logement ou la structure pour reparer ou restaurer les lieux, ('habitation, le logement ou la structure, selon le cas. 30(3) La municipalite ou toute personne agissant en son nom n"est pas tenue d'indemniser le proprietaire, I'occupant ou toute autre personne pour quelque acte accompli dans 1'exercice raisonnable des pouvoirs que lui confere le present article. -39- 31 EMERGENCY SITUATIONS 31(1) In this section: (a) "emergency' includes a situation in which there is imminent danger to public safety or of serious harm to the premise, dwelling, dwelling unit or structure. 31(2) If upon inspection of a property under section 192.1 of the Municipalities Act, a Standards Officer is satisfied that there is nonconformity with a By-law under section 94 of the said Act to such an extent as to pose an emergency, the Standards Officer may prepare and sign a notice referred to in subsection 23(1) requiring the owner or occupier of the premise, dwelling, dwelling unit or structure in respect of which the notice is prepared to immediately cant' out work to terminate the danger. 31(3) After having prepared and signed a notice referred to in subsection 31(2), the Standards Officer may, either before or after the notice is given under section 24(1), take any measures necessary to terminate the danger giving rise to the emergency, and, for this purpose, the Standards Officer who prepared the notice and the employees of the municipality or other persons acting on behalf of the municipality may, at any time, enter upon the premise, dwelling, dwelling unit or structure in respect of which the notice was prepared. 31 SITUATIONS D'URGENCE 31(1) Dans le present article a) « situation d'urgence » s'entend notamment d'une situation oO it existe un danger imminent a la securite publique ou lorsque des lieux, de I'habitation, du logement ou de la structure sont en danger imminent de subir un grave prejudice. 31(2) Si au cours d'une inspection d'une propriete aux termes de I'article 102.1 de la Loi sur les municipalites, un agent des normes est convaincu que la propriete n'est pas conforme a un arrete pris en vertu de I'article 94 de ladite Loi au point de creer une situation d'urgence, it peut preparer et signer ('avis vise au paragraphe 23(1) exigeant que le proprietaire ou I'occupant des lieux, de ('habitation, du logement ou de la structure vises par I'avis execute immediatement des travaux en vue d'ecarter le danger. 31(3) Apres avoir prepare et signe I'avis mentionne au paragraphe 31(2), I'agent des normes peut, avant la notification de I'avis aux termes du paragraphe 24(1) ou apres, prendre les mesures necessaires pour ecarter le danger donnant lieu a la situation d'urgence et a cette fin, ('agent des normes qui a prepare I'avis, les employes de la municipalite ou toute autre personne agissant au nom de Celle-ci peuvent penetrer, en tout temps, dans les lieux, I'habitation, le logement ou la structure vises par I'avis. `PU] -31- 31(4) A municipality or a person acting on its behalf is not liable to compensate an owner or occupier or any other person by reason of anything done by or on behalf of the municipality in the reasonable exercise of its powers under this section. 32 MEASURES TAKEN 32(1) The cost of taking measures under subsection 31(3), including any related charge or fee, is chargeable to the owner or occupier and becomes a debt due to the municipality. 32(2) If the notice was not given before measures were taken to terminate the danger, the Standards Officer shall give a copy of the notice under section 24(1) as soon as possible after the measures have been taken, and the copy of the notice shall have attached to it a statement by the Standards Officer describing the measures taken by the municipality and providing details of the amount expended in taking such measures. 32(3) If the notice was given before the measures were taken, the Standards Officer shall give a copy of the statement mentioned in subsection 32(2) in the same manner as a notice is given under section 24(1) as soon as practicable after the measures have been taken. 31(4) La municipalite ou toute personne agissant en son nom nest pas tenue d'indemniser le proprietaire, I'occupant ou toute autre personne pour quelque acte accompli dans 1'exercice raisonnable des pouvoirs que lui confere le present article. 32 MESURES PRISES 32(1) Les frais relatifs a la prise de mesures en vertu du paragraphe 31(3), y compris toute redevance ou tout droit afferent, sont a la charge du proprietaire ou de I'occupant et deviennent une creance de la municipalite. 32(2) Si ('avis n'a pas ete notifie avant que des mesures ne soient prises pour ecarter le danger, Pagent des normes notifie aux termes du paragraphe 24(1) et aussitot que possible apres que ces mesures aient ete prises, une copie de I'avis, a laquelle est jointe une declaration de ]'agent des normes faisant stat des mesures prises par la municipalite et donnant les details des depenses engagees pour ces mesures. 32(3) Si I'avis a ete notifie avant que des mesures ne soient prises, I'agent des normes notifie une copie de la declaration visee au paragraphe 32(2) de la meme maniere qu'un avis est notifie aux teretes du paragraphe 24(1), et ce, aussitot que possible apres que ces mesures aient ete prises. `Pl'7 -32- 33 RIGHT OF ENTRY 33(1) No person shall refuse entry to or obstruct or interfere with a Standards Officer referred to in subsection 30(2) or 32(3) who under the authority of that subsection is entering or attempting to enter the premise, dwelling, dwelling unit or structure. 33 DROIT DE PENETRER 33(1) Nul ne peut refuser de permettre a un agent des normes vise au paragraphe 30(2) ou 32(3) de penetrer dans les lieux, ('habitation, le logement ou la structure en vertu de ce paragraphe ni 1'entraver ou le gener alors qu'il penetre ou tente de penetrer dans les lieux, ('habitation, le logement ou la structure en vertu de ce paragraphe. 33(2) When entering any property, and 33(2) Tout agent des normes ou agent upon demand by any person, any des inspections qui penetre dans Standards Officer or Inspection toute propriete doit, a la demande Officer shall produce his identity de toute personne, presenter sa card, carte d'identite. 33(3) A person who violates or fails to comply with subsection 33(1) commits an offence that is, subject to subsections 33(4) and 33(5), punishable under Part Il of the Provincial Offences Procedure Act as a category F offence. 33(4) Notwithstanding subsection 56(6) of the Provincial Offences Procedure Act, where a person who is leasing a premise, dwelling, dwelling unit or structure to another person commits an offence under subsection 33(3) in relation to the premise, dwelling, dwelling unit or structure, the minimum fine that may be imposed by a judge under the Provincial Offences Procedure Act in respect of the offence shall be one thousand dollars. 33(3) Quiconque contrevient ou omet de se conformer au paragraphe 33(1) commet une infraction qui est, sous reserve des paragraphes 33(4) et 33(5), punissable en vertu de la Partie II de la Loi sur la procedure applicable aux infractions provinciales a titre d'infraction de la classe F. 33(4) Nonobstant le paragraphe 56(6) de la Loi sur la procedure applicable aux infractions provinciales, lorsqu'une personne qui loue une habitation, un logement, une structure ou des lieux a une autre personne commet ('infraction prevue au paragraphe 33(3) relativement a ('habitation, au logement, a la structure ou aux lieux, I'amende minimale qui peut etre imposee par un juge en vertu de la Loi sur la procedure applicable aux infractions provinciales relativement a ('infraction est de 1 000 $. 180191 SC$IE 33(5) Where an offence under subsection 33(3) continues for more than one day, (a) if the offence was committed in relation to a premise, dwelling, dwelling unit or structure by a person who is leasing the premise, dwelling, dwelling unit or structure to another person, (i) the minimum fine that may be imposed is the sum of (A) one thousand dollars, and (B)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 after the first day, and (ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues, and (b) in any other case, 33(5) Lorsqu'une infraction prevue au paragraphe 33(3) se poursuit pendant plus d'une journee, a) dans le cas ou ('infraction aurait ete commise relativement a une habitation, un logement, une structure ou des lieux par une personne qui loue l'habitation, le logement, la structure ou les lieux a une autre personne, (i) I'amende minimale qui peut etre imposee est la somme des montants suivants : (A)1 000 $ ; et (B) I'amende minimale prevue par is Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipliee par le nombre de jours pendant lesquels ('infraction se poursuit apres la premiere journee ; et (ii) I'amende maximale qui peut etre imposee est I'amende maximale prevue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipliee par Ie nombre de jours pendant lesquels ('infraction se poursuit ; et b) dans tout autre cas, -34- (i) 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, and (ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues. WIN (i) I'amende minimale qui peut etre imposee est I'amende minimale prevue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipliee par Ie nombre de jours pendant lesquels ('infraction se poursuit, et (ii) I'amende maximale qui peut etre imposee est I'amende maximale 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. 191-11 34 CERTIFICATE FOR DEBT 34(1) Where the cost of carrying out work or the cost of taking measures becomes a debt due to a municipality under subsection 30(1) or 32(1), as the case may be, a Standards Officer of the municipality may issue a certificate stating the amount of the debt due and the name of the owner or occupier from whom the debt is due. 34(2) A certificate issued under subsection 34(1) may be filed in The Court of Queen's Bench of New Brunswick and a certificate so filed shall be entered and recorded in the Court and when so entered and recorded may be enforced as a judgment obtained in the Court by the municipality against the person named in the certificate for a debt of the amount specified in the certificate. 34(3) All reasonable costs and charges attendant upon the filing, entering and recording of a certificate under subsection 34(2) may be recovered as if the amount had been included in the certificate. 34 CERTIFICAT DE CREANCE 34(1) Lorsque les frais relatifs a 1'execution de travaux ou a la prise de mesures deviennent une creance de la municipalite en vertu du paragraphe 30(1) ou 32(1), selon le cas, un agent des normes de la municipalite peut delivrer un certificat indiquant le montant de la creance et le nom du proprietaire ou de I'occupant responsable de la creance. 34(2) Un certificat delivre en vertu du paragraphe 34(1) peut etre depose a la Cour du Banc de la Reine du Nouveau -Brunswick ou it doit etre inscrit et enregistre, et it peut alors etre execute comme un jugement obtenu de la Cour par la municipalite contre la personne dont le nom est inscrit dans le certificat, pour une dette dant le montant y est precise. 34(3) Tous les frais et depenses raisonnables relatifs au depot, a ('inscription et a 1'enregistrement d'un certificat en vertu du paragraphe 34(2) peuvent etre recouvres comme si le montant avait ete inclus dans le certificat. KIM 19I -V 35 LIEN 35(1) The cost of carrying out work binder subsection 30(1) or of taking measures under subsection 31(3), as the case may be, and all reasonable costs and charges attendant upon the filing, entering and recording of a certificate under section 34 shall, notwithstanding subsection 72(2) of the Workers' Compensation Act and until paid, form a lien upon the real property in respect of which the work is carried out or the measures are taken in priority to every claim, privilege, lien or other encumbrance, whenever created, subject only to taxes levied under the Real Property Tax Act and a special lien under subsection 189(10) of the said Act. 35(2) The lien in subsection 35(1) (a) attaches when the work under subsection 30(1) is begun or the measures under subsection 31(3) are begun, as the case may be, and does not require registration or filing of any document or the giving of notice to any person to create or preserve it, and (b) follows the real property to which it attaches into whosever hands the real property comes. 35 PRIVILEGE 35(1) Les frais relatifs a 1'execution des travaux en vertu du paragraphe 30(1) ou a la prise de mesures en vertu du paragraphe 31(3), selon le cas, et tous les frais et depenses raisonnables relatifs au depot, a ('inscription et a 1'enregistrement d'un certificat en vertu de Particle 34 constituent, jusqu'a leur paiement, nonobstant le paragraphe 72(2) de la Loi sur les accidents du travail, un privilege grevant le bien reel sur lequel les travaux sant effectues ou les mesures sont prises, en priorite sur toute reclamation, droit, privilege ou autre charge, quelle que soft 1'epoque de leur creation, sous la seule reserve des impots leves en vertu de la Loi sur 1'impot foncier et d'un privilege special en vertu du paragraphe 189(10) de ladite Loi. 35(2) Le privilege vise au paragraphe 35(l): f►�iL1 a) s'applique lorsque les travaux vises au paragraphe 30(1) ou les mesures visees au paragraphe 31(3), selon le cas, ont debute et sans qu'il soit necessaire, pour le creer ou le conserver, d'enregistrer ou de deposer un document quelconque ou d'aviser qui que ce soit, et b) suit le bien reel qu'il greve en quelques mains que ce bien reel se trouve. -37- 35(3) Any mortgagee, judgment creditor or other person having any claim, privilege, lien or other encumbrance upon or against the real property to which is attached a lien under subsection 35(1): (a) may pay the amount of the lien, (b) may add the amount to the person's mortgage, judgment or other security, and (c) has the same rights and remedies for the amount as are contained in the person's security. 36 DEBT DUE TO MUNICIPALITY 36(1) Where a debt due to a municipality under subsection 30(1) or 32(1) remains unpaid in whole or in part and the Minister of Finance is of the opinion that the municipality has made reasonable efforts to recover the unpaid amount, the Minister of Finance shall, if the municipality requests him or her to do so before December 31 in any year, pay to the municipality the following amounts at the same time as the first payment is made to the municipality under section 6 of the Municipal Assistance Act in the following year: (a) the unpaid amount of the debt; and (b) interest on the unpaid amount of the debt 35(3) Tout creancier hypothecaire ou creancier sur jugement ou tout autre titulaire d'une reclamation, d'un droit, d'un privilege ou de toute autre charge sur le bien reel greve d'un privilege en vertu du paragraphe 35(1) : a) peut acquitter le montant du privilege, b) peut ajouter ce montant au montant de son hypotheque, jugement ou autre surete, et c) a, a 1'egard de ce montant, les memes droits et recours que ceux que comporte sa surete. 36 CREANCE D'UNE MUNICIPALITE 36(1) Lorsqu'une creance d'une municipalite en vertu du paragraphe 30(1) ou 32(1) demeure impayee, en totalite ou en partie, et que le ministre des Finances est d'avis que la municipalite a fait des efforts raisonnables pour recouvrer le montant impaye, le ministre des Finances doit, si la municipalite lui a fait demande avant le 31 decembre d'une annee, verser les montants suivants a la municipalite en meme temps qu'il effectue, lors de la prochaine annee, le premier versement a la municipalite en vertu de I'article 6 de la Loi sur !'aide aux municipalites : OR a) le montant impaye de la creance ; et b) I'interet sur le montant impaye de la creance -38- (i) calculated at the same rate as is applied in determining the amount of a penalty under subsection 10(3) of the Rea! Property Tax Act~, and (ii) accruing from the day the municipality completes the work or measures in respect of which the debt arose to the day the municipality makes a request under this subsection for payment in respect of the debt. 36(2) A municipality shall make a request under subsection 36(1) by submitting to the Minister of Finance a statement of the expenditures of the municipality that gave rise to the debt. 36(3) Subject to subsection 36(4), where a debt due to a municipality under subsection 30(1) or 32(1) in relation to work carried out or measures taken with respect to the premise, dwelling, dwelling unit or structure remains unpaid, in whole or in part, by the person liable to pay the debt and the Minister of Finance has made a payment under subsection 36(1) in respect of the debt: (a) any part of the debt that remains unpaid by the person liable to pay the debt becomes a debt due to the Minister of Finance, and (i) calcule au meme taux applique pour determiner le montant d'une penalite prevue par le paragraphe 10(3) de la Loi sur 1'imp6t foncier, et (ii) qui court a partir de la date a iaquelle la municipalite a acheve les travaux ou les mesures qui ont donne lieu a la creance jusqu'a la date a laquelle la municipalite a fait sa demande pour un versement relativement a la creance aux termes du present paragraphs. 36(2) Une municipalite fait une demande aux termes du paragraphe 36(1) en presentant au ministre des Finances un stat des depenses engagees par celle-ci qui a donne lieu a la creance. 36(3) Sous reserve du paragraphe 36(4), lorsqu'une creance d'une municipalite en vertu du paragraphe 30(1) ou 32(1) relative a des travaux effectues ou a des mesures prises par rapport a des lieux, a une habitation, a un logement ou a une structure demeure impayee, en totalite ou en partie, par la personne tenue au paiement de la creance et que le ministre des Finances a effectue un versement aux termes du paragraphe 36(1) relativement a la creance, WIN a) toute partie de la creance qui demeure impayee par la personne tenue au paiement de la creance devient une dette due au ministre des Finances, et -39- (b) the Minister of Finance shall collect the following amounts from the owner of the premise, dwelling, dwelling unit or structure in the same manner that taxes on real property are collected under the Real Property Tax Act: (i) any part of the debt under subsection 30(1) or 32(1) that remains unpaid by the person liable to pay the debt; and (ii) interest on the unpaid part of the debt (A) calculated at the same rate as is applied in determining the amount of a penalty under subsection 10(3) of the Real Property Tax Act, and (B) accruing from the day the municipality completes the work or measures in respect of which the debt arose to the day the municipality makes a request under subsection 36(1) for payment in respect of the debt. WIYA b) le ministre des Finances doit percevoir du proprietaire des lieux, de I'habitation, du logement ou de la structure les montants suivants de la meme maniere que I'impot foncier en vertu de la Loi sur I'impot foncier: (i) toute partie de la creance en vertu du paragraphe 30(1) ou 32(1) qui demeure impayee par la personne tenue au paiement de la creance ; et (ii) I'interet sur la partie de la creance qui demeure impayee (A) calcule au meme taux applique pour determiner le montant d'une penalite prevue par le paragraphe 10(3) de la Loi sur I'impot foncier, et (B) qui court a partir de la date a laquelle la municipalite a acheve fes travaux ou les mesures qui ont donne lieu a la creance jusqu'a la date a laquelle la municipalite a fait sa demande pour un versement relativement a la creance aux termes du paragraphe 36(1). IEIilZ 36(4) Subject to subsections 36(5) and 36(6), section 7, section 10, except subsection 10(2), and sections 11, 12, 13, 14, 14.1, 15, 16, 19, 20, 24 and 25 of the Real Property Tax Act apply with the necessary modifications for the purposes of subsection 36(3). 36(5) Where the amounts referred to in paragraph 36(3)(b) remain unpaid, those amounts and any penalty added to them under subsection 36(4) constitute a lien on the real property in respect of which the work was carried out or the measures were taken, and the lien ranks equally with a lien under subsection 11(1) of the Real Property Tax Act. 36(6) Where the real property is sold under any order of foreclosure, order for seizure and sale, execution or other legal process or a power of sale under a debenture or mortgage or under subsection 44(1) of the Property Act, the amount of a lien referred to in subsection 36(5) constitutes a charge on the proceeds that ranks equally with a charge under subsection 11(1) of the Real Property Tax Act. 37 REPEAL 37(1) A Bylaw of the City of Saint John enacted on the fifth day of July, 2004 entitled "A By-law Respecting Standards for Maintenance And Occupancy Of Buildings And Premises" and all amendments thereto is repealed on the coming into force of this by-law. 36(4) Sous reserve des paragraphes 36(5) et 36(6), I'articie 7, I'article 10, a 1'exception du paragraphe 10(2), et les articles 11, 12, 13, 14, 14.1, 15, 16, 19, 20, 24 et 25 de la Loi sur 1'imp6t foncier s'appliquent avec les modifications necessaires pour I'application du paragraphe 36(3). 36(5) Lorsque les montants vises a I'alinea 36(3)b) demeurent impayes, ces montants et toute penaiite y ajoutee en vertu du paragraphe 36(4) constituent un privilege sur les biens reels qui ont fait ('objet de travaux effectues ou des mesures prises et le privilege prend un rang egal au privilege prevu au paragraphe 11 (1) de la Loi sur I'impot foncier. 36(6) En cas de vente d'un bien reel en vertu d'une ordonnance de saisie hypothecaire, de saisie et vente ou d'execution ou par d'autres voies judiciaires ou en vertu d'un pouvoir de vente en vertu d'une debenture ou d'une hypotheque ou en vertu du paragraphe 44(1) de la Loi sur les biens, le montant d'un privilege vise au paragraphe 36(5) constitue une charge qui prend un rang egal a une charge visee au paragraphe 11 (1) de la Loi sur 1'imp6t foncier. 37 ABROGATION 37(1) Un arrete de The City of Saint John edicte le 5 juillet 2004 et intitule Arrete relatif aux normes d'entretien et d'occupation des batiments et locaux, ensemble ses modifications, est abroge des 1'entree en vigueur du present arrete. KII:3 41 IN WITNESS WHEREOF The City of Saint EN FOI DE QUOI, The City of Saint John John has caused the Corporate a fait apposer son sceau communal Common Seal of the said City to be sur le present arrete le 18 affixed to this by-law the 18th day of septembre 2008, avec les September, A.D. 2008 and signed signatures suivantes by: Common Clerl<IGreffiere mmunale First Reading - August 18, 2008 Premi6re lecture - le 18 aout 2008 Second Reading - August 18, 2008 Deuxieme lecture — le 18 aout 2008 Third Reading - September 2, 2008 Troisieme lecture - le 2 septembre 2008 M916.1 COUNCIL REPORT M&C No. 2018-258 Report Date September 05, 2018 Meeting Date September 10, 2018 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT. Safe, Clean Drinking Water — Commissioning of the new Loch Lomond Drinking Water Treatment Facility OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author I Commissioner/Dept. Head Acting City Manager J. Brent McGovern, P.Eng. I J. Brent McGovern, P.Eng. Neil Jacobsen RECOMMENDATION It is recommended that Common Council receive and file this report. EXECUTIVE SUMMARY The purpose of this report is to document the drinking water transition from the Latimer Lake Chlorination Facility to the new Loch Lomond Drinking Water Treatment Facility that occurred late in the day on August 30, 2018. The drinking water is now of much higher quality and it now meets the New Brunswick and the Canadian Drinking Water Quality Guidelines. While there have been no reported instances of discoloured water, Saint John Water continues to closely monitor the water quality in collaboration with the Provincial Departments of Health and Environment and Local Government. Communications have been active and ongoing over the past 6 months to inform and prepare customers for the transition, however, if customers have any questions we encourage them to visit www.saintiohn.ca/eastsidewater to view the recently added Questions and Answers (see attached). Customers can also contact Saint John Water Customer Service at 658-4455 or via email at waterandsewerage@saintiohn.ca if they have other questions. PREVIOUS RESOLUTION On July 9, 2018 Council RESOLVED that this report be received for information and filed. PA to] -2 - 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. BACKGROUND This report is to document the transition to the new Loch Lomond Drinking Water Treatment Facility (LLDWTF) that occurred as planned during the summer of 2018. Figure 1. More specifically, late in the day on Thursday August 30, 2018 all customers on the municipal water system residing in the north, south and east ends of Saint John (with the exception of the Harbourview Subdivision) began receiving their drinking water from the the new LLDWTF. Since the transition to new water has been making its way to all customers, it can however taken a number of days for the new drinking water to reach the extremities of the water system. While the transition went according to plan, increased water sampling and testing within the water distribution system and monitoring in close collaboration with the Provincial Departments of Health and Environment and Local Government will continue for some time. New High Quality Drinking Water Water quality from the new LLDWTF is significantly improved compared to the water quality from the former Latimer Lake Chlorination Facility. As a result of the new drinking water treatment process, customers will notice an improvement in the taste, colour and overall quality of the drinking water. Changes to the water from the new treatment at the Facility include an increase in the water's pH level (i.e., it is less acidic), an improvement in colour (water is now much clearer), a decrease in turbidity (water will be less cloudy), a reduction in the amount of organic matter, iron, and manganese and a slight increase in total dissolved solids and alkalinity. With respect to chlorine levels, 211 -3 - Operators will be optimizing the level of chlorine required in the system so customers could notice slight variations in the chlorine over the coming weeks. While the City implemented a plan to mitigate any potential impacts to customers. Should there be any instances of discoloured water, customers are advised to notify Saint John Water and flush the water through their bath tub (given there is no aerator on it) until the water runs clear. Communications Over the past 6 months there has been ongoing communications to prepare the public for the transition. To highlight the more significant communications: in March a dedicated east side water webpage was created, in April two separate mail outs were issued — one for residential customers and the other for the industrial, commercial and institutional customers, in March and again in July presentations were completed in open session of Council and social media updates have been ongoing. Over the past couple of weeks specific Questions and Answers have been posted to the webpage (see attached) relating to the transition to the new higher quality drinking water, media interviews have been completed, social media updates issued, a post card (see attached) mailed out to all customers receiving the new drinking water was issued late last week and radio advertisements are now playing to inform customers of the transition. We encourage customers to visit www.saintiohn.ca/eastsidewater to view the Questions and Answers along with additional information for customers to review. If customers have questions they can also contact Saint John Water Customer Service at 658-4455 or via email at waterandsewerage@saintiohn.ca. It should also be noted that while the customer service phone is staffed 24/7 it is best to call between the hours of 8:30am to 4:30pm Monday to Friday. SERVICE AND FINANCIAL OUTCOMES Higher quality drinking water that meets or exceeds the New Brunswick Drinking Water Quality Guidelines and the Canadian Drinking Water Quality Guidelines is now being delivered to customers via the new Loch Lomond Drinking Water Treatment Facility to customers on the east, north and south sides of Saint John. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Saint John Water has already received feedback via various sources; direct phone calls, emails, social media comments, etc and the comments to date regarding the new high quality drinking water is that customers are very satisfied and happy to be receiving this much improved quality drinking water stating they've noticed improvements in colour, clarity and smell. ATTACHMENTS • Loch Lomond Drinking Water Question and Answers • Post Card PAN A i" Saint John Water and Port City Water Services are pleased to be delivering safe, clean drinking water to customers. Be assured that the City's drinking water supplies now meet or exceed drinking water quality guidelines. After two years of continuous construction, and over 22 km of upgrades to date to the City's water transmission and distribution mains, the new Loch Lomond Drinking Water Treatment Facility began delivering Safe, Clean Drinking Water to all Saint John Water customers east of the Reversing Falls Bridge on August 31, 2018. The delivery of newly treated water marks another significant milestone of the City's $216.8 -million Safe, Clean Drinking Water Project. Customers should note that while the new Loch Lomond Drinking Water Treatment Facility has begun to provide excellent quality water, it will take a number of days for the new water to make its way through the water distribution system to all customers. What is the difference between the drinking water from the new treatment facility and the drinking water customers received historically? Water quality from the new Loch Lomond Drinking Water Treatment Facility is significantly improved compared to the water quality from the former Latimer Lake Chlorination Facility. Historically, water from Loch Lomond, Robertson and Latimer Lakes was screened, chlorinated, and flowed directly to the distribution system to customers. The Lakes will still be the source of the drinking water; however, treatment of the water now involves several additional steps as identified in the following diagrams. Historic Treatment Proce5s at LatimerLake Ch brination Facility Lake Coarse Chlorination ClUstrnners (R aw'Watpr) Screeins Ph 191 Treatment Process at the New Loch Lomond Drinking Water Treatment Facilty no Lake Coarse (raw water) Screens 11 Pre - oxidation coagulation Post chlorina- Treated Formation Dissollved Filtering tion & UIV Water of IHocs air flotation disinfection Storage LM Sludge Treatment ZI Custorners How each water will be treated and stored at the Loch Lomond Drinking Water Treatment Facility? The facility will have the capacity to produce 75 million litres of safe, clean drinking water per day. The three new storage reservoirs will have a capacity to hold 33 million litres. PAEIII What changes will I notice in my drinking water? As a result of the new drinking water treatment process, customers will notice an improvement in the taste, colour and overall quality of the drinking water. Changes to the water from the new treatment at the Facility include an increase in the water's pH level (i.e., it will be less acidic), an improvement in colour (water will be much clearer), a decrease in turbidity (water will be less cloudy), a decrease in chlorine and a reduced amount of organic matter, iron, and manganese and a slight increase in total dissolved solids and alkalinity. For more details, see the link Water Quality Parameters During Transition Phases What if I notice discoloration in my water? Short-term discoloured water is most likely the result of older pipes in the distribution system, or within private plumbing systems, as the water chemistry changes. If this is the case, it may not be noticed for several weeks or months after the new facility goes online. The risk of this happening is minimized by the following factors and actions taken by Saint John Water: • The source water (Loch Lomond Lake supply) remains the same. • Interim and permanent treatment steps that include an adjustment to the pH and the introduction of orthophosphate. • Orthophosphate is commonly used in water treatment for corrosion control and scale stabilization of any old scale/deposits in the piping. It is also a food -grade product that contains phosphates that are part of our everyday diet. • Unidirectional flushing (cleaning) of the distribution system. If you experience discoloured water, flush it through your bathtub faucet (as it does not have a screen/aerator on it) until the water runs clear and call Saint John Water at 658-4455. Why does the water in my bathtub lookblue? Water from both the Loch Lomond Drinking Water Treatment Facility and the South Bay Wellfield is now essentially colourless. Customers may notice that the water appears to have a bluish/greenish tint when filled in a bathtub. This is typically due to the lighting in a bathroom. When light shines on water, it can absorb some colours and reflect others. The deeper the water, the more apparent the (blue) colour. If you take a glass of water out of the bathtub and bring it to a different room, you will notice that it is clear. What impact will the new water have on my plumbing? Delivery of the newly -treated water should have no adverse effects on household plumbing. In early May 2018, Saint John Water began a two-part system transition phase by treating water with sodium hydroxide to slowly adjust the water's pH. This initial phase included a nine -week gradual increase in the pH to 7. This was followed by temporary orthophosphate treatment, which began in late June, 2018. This transition phase slowly allowed for a period of adjustment to assist with system corrosion and tuberculation (old scale/deposit) stabilization control. The new Loch Lomond Drinking Water Treatment Facility will permanently balance the pH and add orthophosphate to the water supply. PhP Will my water pressure change? Saint John Water monitors water pressure throughout the distribution system on a regular, ongoing basis. Water pressure may vary as water is now being moved to the newly constructed water storage tanks. It is common to have small fluctuations in pressure due to the varying levels of water in the storage reservoirs during normal operations. However, the water pressure from the water storage tanks will remain in the range that you have been accustomed to. System disruptions across the City during ongoing improvements and maintenance of the water infrastructure may also result in an increase or decrease to the water pressure. These instances only occur for a short period of time and will correct once the system disruption has been addressed. If you notice an increase in water pressure and you own a pressure reducing valve, it is important to regularly maintain the valve to ensure that it functions properly. Valves are typically located after the main water shut-off, or near where the water service enters your building. Customers expected to experience pressure changes will be notified by Saint John Water with a hand -delivered notice. The following letters have been delivered to date: August 13, 2018 If you feel there is a change to your water pressure and you have not otherwise been notified as of yet please contact Saint John Water at 658-4455 so that it can be investigated. What has been done to the unlined cast iron water mains that are part of the distribution system? Saint John Water's cleaning and lining program is ongoing. Significant efforts have been made over the past 12 years to clean and line the unlined cast iron water mains in the distribution system. There have been approximately 50 km of pipe that has been cleaned and lined, which equates to approximately 33% of the entire cast iron water distribution inventory of the City of Saint John. The work that has been completed over the past 12 years will be of significant benefit in reducing possible issues with water quality. There still remains approximately 100 km of distribution mains that still have to be cleaned and lined. The annual program to clean and line approximately 5 km of watermain per year continues. How will my water bill be impacted y the opening of the new treatment facility? Saint John Water remains keenly focused on optimizing operations while delivering high quality, reliable drinking water and protecting the environment through the proper treatment of wastewater. The plan is for water rates to stabilize after 2019 when the new Drinking Water Treatment Facility is fully operational. Inflationary type adjustments will account for annual water rate adjustments going forward rather than the larger annual rate increases of late. Will there still be construction related to the Safe, Clean Drinking WaterProject? Some work will continue on the project in order to complete construction around the site, and on infrastructure upgrades to the distribution system. Who will operate and maintain the new Loch Lomond rinkinWater Treatment Facility? The facility will be operated and maintained by Port City Water Services for the next 30 years. Highly trained and certified staff will be responsible to ensure that only quality water that meets or exceeds the New Brunswick and Canadian Drinking Water Quality Guidelines will be delivered to customers. Ph 1.1 If there is a need fora Boil Water Order at any time, how will I be notified? As the new Drinking Water Facility goes online, we do not anticipate a need for a temporary Boil Water Order. However, if you have not already done so, please sign up to receive Emergency Alerts through the City of Saint John to receive urgent notifications of this nature. Saint John Water also uses traditional means of communication such as the media, City of Saint John website and social media. For general news and information, sign up for My Saint John email notifications and for any other questions call 658-4455. Will industrial cus o ers use newly -treated drinkingwater? In 2018, customers who require water for industrial purposes will no longer be supplied with treated water. Instead, they will receive the less expensive raw water (non -treated). PAIN Thirsty? Turn on your tap! You now have Safe, Clean Drinking Water Moil After two years of continuous construction, and over 22 km of upgrades to date to the City's water transmission and distribution mains, the new Loch Lomond Drinking Water Treatment Facility is now delivering Safe, Clean Drinking Water to Saint John Water customers east of the Reversing Falls Bridge. The delivery of newly treated water marks another significant milestone of the City's $216.8 -million Safe, Clean, Drinking Water Project. The quality of the water is significantly improved as it is now treated to a much higher standard. As a result, you should notice improvements to its colour and taste. If you have any concerns about discolouration to your water or major changes to your water pressure, please call Saint John Water. The new facility has undergone extensive testing and the current transition period includes increased water sampling and monitoring. This monitoring is being done in close collaboration with the Provincial Departments of Health and Environment and Local Government. Saint John Water will continue to update customers with information and notifications related to the Safe, Clean Drinking Water Project. This will include traffic advisories and ongoing construction. = COUNCIL REPORT M&C No. M&C 2018-234 Report Date September 04, 2018 Meeting Date September 10, 2018 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Regional Ice Strategy Options OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Tim O'Reilly Michael Hugenholtz m I Neil Jacobsen RECOMMENDATION Your City Manager recommends Common Council receive and file this report. EXECUTIVE SUMMARY Users cross municipal boundaries in the Fundy Region to access ice arenas. Approximately 1/3 of the use of Saint John's four civic arenas comes from outside the City. Ice arenas are regionally used assets. Management of these arenas and existing cost -recovery models do not currently match their regional use. With the exception of Harbour Station, operating and maintenance costs for each regional arena are funded by a combination of subsidization by taxpayers of the municipality within which the arena is located and user fees. In the case of Saint John's four civic arenas, and despite the regional use, City taxpayers fund 100% of the operating deficits and 100% of the capital renewal/replacement costs. There is likely a certain level of traffic the other way (i.e. City residents accessing ice time in the outlying municipalities) but at present there is limited data available from the other regional municipalities to confirm the amount. The four municipal arenas in Saint John are reaching the end of their life in the coming years and plans need to be made for replacement. There must be a recognition that the future demand for ice time will be driven in part by City taxpayer affordability (based on the funding formula) and cost to arena customers. It is important that a sustainable and fair funding model be adopted to allow for a proper guage of actual demand for ice time. -2 - Timelines are of particular importance to the City. Financial challenges, requiring a multitude of solutions after 2020 when the the Province's 3 -year financial assistance ends, are required to re -introduce financial sustainability. Based on the City's State of Infrastructure report, it is estimated approximately $18 million in Capital reinvestment in the City's four arenas and the LBR will be required to sustain these assets over the next 10 years. This level of Capital investment would go a long way if instead redirected to replaced arenas. There are at least two options available to the City of Saint John to ensure arena management becomes more regional in line with regional use of these facilities: 1. Continue a collaborative approach with our neighbouring municipalities and Local Service Districts of the Region, or 2. Introduce independent City of Saint John policy that increases fee revenues from non-resident users. Staff believes it is an appropriate time to update Common Council on the Regional Ice Strategy (Option #1) and the need to start planning for an alternative option (#2). This is an opportunity for Saint John to assume a leadership role with a collective vision in a critical time in developing a Regional Ice Strategy. PREVIOUS RESOLUTION In the Fall of 2016 all Councils of the Fundy Region, including Saint John, endorsed a Regional Recreation Plan that, under the guidance of the Regional Service Commission (RSC), would facilitate greater Recreational service collaboration across municipal and Local Service District (LSD) boundaries. Saint John's Council also advocated that a Regional Ice Strategy be the first pilot project toward implementing this plan. In the Fall of 2017 the Councils of the regional municipalities received a presentation on a Regional Ice Strategy project scope following the RSC's hiring of a Recreation Facilitator. REPORT Option 1: Co-operative Regional Ice Strategy Over the past year efforts have been made to develop the Regional Ice Strategy. A task force of Recreation Directors of the Fundy Region municipalities and staff of the Regional Services Commission have been discussing various components of this strategy such as: 1. A service agreement that would result in fair and financially sustainable regional taxbase contributions to arena lifecycle costs and consistent user access and fee policies, Collaborative replacent of aging arenas, and f X91 -3- 3. Other areas where regional collaboration can make the most impact such as training, procurement, policies, ice booking and coordinated Capital funding requests to other levels of government. Representatives of municipal Councils and the LSDs were given an opportunity to participate in workshops in August 2018 to provide input as the Ice Strategy takes shape. The current plan is to have a draft of the Strategy completed in the Fall of 2018 with adoption of the final strategy in the Fall of 2019. Guiding Principles for Agreement As part of the Strategy, City staff has been advocating for a funding agreement involving all regional partners. This agreement should be based on clear guiding principles grounded in fairness and financial sustainability such as: • Arena lifecycle costs (design, construction, operation, maintenance, capital renewal, decommissioning) need to be recovered from regional users and taxpayers in a deliberate, consistent, fair, and financially sustainable way • Share of arena lifecycle costs from the taxpayers between the different municipalities and LSDs should be based primarily on the proportion of regional use with some consideration of other factors such as comparative tax bases, level of service provided at the respective facilities, lifecycle phase of respective facilities, and location of the arenas (user convenience and positive economic impact for host municipalities), • The municipalities and LSDs need to obtain residency data from users of the arenas in the 2018-2019 season necessary to ensure taxpayer costs are more fairly distributed based on use, • A funding agreement needs to be in place in time to allow for sufficient communication in advance of the 2019-2020 winter season that starts in October 2019, • Collaborative efforts to reduce costs and increase revenues need to be explored to reduce burden on all regional taxpayers and users, such as matching inventory of available ice surfaces to demand, and more importantly, affordability and exploring efficiencies associated with co - located ice surfaces from a regional perspective, • The City of Saint John remains open to extending the strategy and developed agreement for other recreational facilities and programs in the future. However, implementation of the arena model needs current focus. Staff have been working with the Regional Services Commission for a year on this approach but to date there has been a lack of concrete progress. In staff's opinion there is risk that a collaborative regional approach may not be achieved in time for the 2019-2020 season. As a result, City staff are also now 221 -4 - simultaneously planning to start exploring an alternative model to ensure introduction of more regional support of these regional arena assets. Option 2: City of Saint John Arena Lifecycle Cover Recovery Model and new City of Saint John Ice Sports Rebate This alternative option involves the City independently introducing a form of non-resident user fees. Specifically, the model contemplated would involve charging hourly arena fees intended to fully recover arena costs through rental revenues and introducing a new rebate for Saint John residents. Staff are recommending full lifecycle cost recovery be defined as recovering all Operating and Maintenance costs of the four civic arenas, the annual operating subsidy paid to the LBR, as well as recovery of some portion of annual Capital maintenance funds and asset replacement funds. A Capital reserve would be established that would be used to fund infrastructure renewal. A planned financial analysis will give a more clear indication of the projected lifecycle costs and the new hourly rent rates that would need to be charged to acquire the revenues needed to offset these costs. Rough indication, for context purposes only, suggests hourly rates would need to at least double from their current levels to generate the necessary revenue. The City would then create a new City of Saint John Ice Sports Rebate. This new rebate would replace the current Youth Ice Subsidy to offset the higher registration fees the various sports organizations would need to charge to offset the higher arena rental fees. The new rebate would have a set annual budget similar to the current youth subsidy, with Council having the ability to review the amount annually as part of the approved General Fund Operating Budget. The rebate amount would either be distributed directly to all eligible Saint John residents or distributed to the sports organizations who would then charge a lower registration fee for the eligible residents. Ramifications of Alternate Option 2 City staff are by no means suggesting that the alternative and independent City of Saint John Arena Lifecycle Cover Recovery Model is the preferred approach. Although this approach is more within control of the City to implement as it is independent of requiring regional support, it does come with several risks and additional costs. Demand for ice time at the four City civic arenas may decrease substantially. With approximately 1/3 of the demand for Saint John's arenas coming from outside its municipal boundaries, it is possible much of this demand would be eliminated by increased use of other regional arenas or the players from these other juristrications no longer participating in ice sports. The City could mitigate 0% this lost demand and associated revenue by closing one or more of its civic arenas and replacing fewer ice surfaces. It is also likely that the other municipalities in our region would also introduce some form of non-resident user fees for use of their arenas that would impact Saint John residents that used these facilities. The City could mitigate this risk by allowing the impacted Saint John residents to access funds from the new City of Saint John Ice Sports Rebate. Higher registration fees not offset by respective municipal rebates similar to what Saint John is proposing may create a financial barrier to some families in the region. Demand from organizations that provide recreation rebates based on financial barriers, such as PRO Kids, may increase. Sports organizations will likely be impacted. Some of these organizations have registrants from different municipalities and LSD's; loss of registrants due to the higher fees these organizations would need to charge for the higher arena rental rates is a real possibility. Depending on the particular processes of the developed full cost recovery model, these organizations may be impacted by higher administrative burden. The City of Saint John will also have a greater cost of administering the full cost recovery model such as processing the new rebate. The City of Saint John has and remains open to a cooperative Regional Ice Strategy that is fair to the regional municipalities, LSD's and arena users. However, being forced to introduce this alternate model is counter to a regional cooperative approach and may impact future cooperative efforts. STRATEGIC ALIGNMENT This report aligns with the Valued Service Delivery and Fiscal Responsibility sets of Council's priorities. This report also aligns with the "Building a Sustainable Future for Saint John - A 2018 Provincial Election White Paper" with its focus on Regionalization as a Strategic Policy Direction. Staff believes it is an appropriate time to update Commom Council on the Regional Ice Strategy and intent the explore the alternative cost recovery option. This is an opportunity for Saint John to assume a leadership role in the Region with a collective vision in a critical time in working toward a Regional Ice Strategy. COMMON COUNCIL REPORT M&C No. 2018-256 Report Date September 04, 2018 Meeting Date September 10, 2018 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Growth Reserve Fund Request OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Phil Ouellette Jacqueline Hamilton m I Neil Jacobsen RECOMMENDATION Growth Committee has adopted the following resolution for Common Council's consideration: Common Council authorizes the transfer of up to a maximum of $200,000 from the Growth Reserve Fund towards Growth and Community Development Services to support the pursuit of growth -related activities. EXECUTIVE SUMMARY Since the adoption of the Roadmap for Smart Growth in March 2017, specific allocations of funding, adopted by resolution of Council, have occurred to earmark funding towards particular outcomes associated with the City's growth efforts. Council received a staff report and adopted a corresponding resolution in December 2017 which established a permanent reserve fund. This permanent reserve fund is governed by provincial legislation, which requires Common Council to explicitly grant authority to withdraw from any reserve. This report identifies a proposed strategy to allocate a portion of the remaining funding found with the Growth Reserve Fund, in order to support key growth - related deliverables for the Saint John community during the remainder of 2018. This investment from the reserve fund will: • Facilitate the development of a shared vision, value proposition and brand management model to communicate Saint John growth -related 18101 -2 - opportunities in cooperation with DevelopSJ, DiscoverSJ and Enterprise Saint John; • Deliver an additional 10 notices to comply under the Vacant and Dangerous Buildings Program in 2018; • Support up to $50,000 in additional residential upgrades under the Heritage and Beautification grants in 2018; • Facilitate the creation of a simplified visual overview of the expected outcome from the Neighborhood Plan for the Central Peninsula; • Through print and digital mediums, substantiate why Saint John is the most welcoming Community in Atlantic Canada. It should be noted that the request for additional funding from the reserve fund for the above deliverables is not intended to be recurring year over year, and staff will ensure this communique with key partners, stakeholders and customers. PREVIOUS RESOLUTION On December 11th, 2017, Common Council adopted the following resolution: "Direct the City Manager to establish a permanent growth reserve fund; Council authorizes the transfer of $183,000 to the newly created growth reserve fund, which is the projected allocated and unallocated surplus of the 2017 growth reserve budget." On August 7th, Growth Committee adopted the following resolution: "Common Council authorizes the transfer of up to a maximum of $200,000 from the Growth Reserve Fund towards Growth and Community Development Services to support the pursuit of growth - related activities." STRATEGIC ALIGNMENT Common Council has adopted a new set of Council Priorities: 2016-2020 in early November 2016, and under the heading of "Growth and Prosperity," the following is stated: "Saint John is recognized by residents and businesses as a positive and supportive city. We grow in a smart way and attract talent, innovation and opportunities so all people can thrive." In addition, Council adopted key performance indicators to evaluate its ability to Grow SJ, including, OR -3 - among others: "Building permit value," "Change in tax base assessment within the City," "Change in population." Finally, Saint John Common Council adopted the Roadmap for Smart Growth on Monday March 27t", 2017. REPORT As indicated in the 2017 year-end Roadmap for Smart Growth report, the 2018 growth work plan, the Population Growth Framework, the draft Neighborhood Plan for the Central Peninsula as well as the 2018 mid -year report, the City of Saint John along with its agencies, partners, federal and provincial colleagues, are achieving important momentum and initial community outcomes as a result of a more intentional and strategic commitment towards growth. As of July 30t", 2018, the Growth Reserve Fund has a total of $533,000 in remaining funding, and the purpose of this report is to allocate $200,000 from this remaining funding to maximize the ability to achieve desires outcomes originating from the key growth -strategies, or currently in the process of being adopted strategies, by Common Council. Growth Reserve Funding: Priority Allocations Growth Committee is recommending that Common Council adopt a resolution to allocate $200,000 from the Growth Reserve for the pursuit of key growth projects, including Communicating Growth and Value Proposition, Tax Base Growth and Population Growth. Communicating Growth In support of the Roadmap for Smart Growth and Population Growth Framework, efforts are underway to facilitate the development of a shared vision, value proposition and brand management model in cooperation with DevelopSJ, DiscoverSJ and Enterprise Saint John. We need to collectively raise the competitive position of the City, attract people and investment, and improve our community's image. It is critical that the City and its development agencies fully leverage and align their efforts to effectively build and manage the image and reputation of Saint John so that it helps the City in its efforts and objectives with regards to meeting key growth -related targets. The objective of this initiative is to shape an integrated communications delivery model that will be implemented in 2019, which will also be reflected in the City's work plan and the target deliverables and key performance indicators for each of the City's development agencies. 101 -4 - Tax Base Growth Growth Committee is recommending the allocation of Growth Reserve Funding towards the continued expedited strategy towards the Vacant and Dangerous Building Program for the remainder of 2018, which is expected to deliver an additional 10 notices to comply. This program has played an important role in the delivery of the Roadmap for Smart Growth, the objectives of tax base growth, and this added funding will support the City in achieving new levels of resolved cases under these two programs. The funding from the Growth Reserve will also support an added 2018 investment into the Beautification Grant (from the Urban Development Incentive Pilot Program) as well as the Heritage Grant, which are both expected to deplete their available funding for 2018 within the coming months, and the intention is to support a variety of projects that are currently in the queue and leverage private investment into home renovations. Common Council approved a similar increase in grant allocation in 2017 to support additional projects under the Beautification program. Finally, with the projected adoption of Neighborhood Plan for the Central Peninsula by late 2018, a key priority will be to clearly communicate to the public what is the intended impact of the Plan and how will it change the profile of our community. Current and future residents of Saint John are well served to receive a simplified visual overview of the desired outcome of the Plan, which in turn will support greater consumer and investor confidence. Population Growth Framework The City's Population Growth Framework was adopted in February 2018, which includes 30 initiatives, 15 of which are already in progress. The Framework's objective is to achieve new levels of population growth for the Saint John community, and reverse the trend of our shrinking population. One immediate need is to distribute various stories of those who choose to make Saint John their home, and in turn, substantiate why Saint John is the most welcoming Community in Atlantic Canada. 2019 Growth Reserve Considerations In the event Council adopts the allocations of up to a maximum of $200,000 (as detailed above) from the Growth Reserve, the fund will have $333,000 of un - earmarked funding remaining. From a longer-term growth planning perspective, Common Council is well -served to consider the parameters and objectives of a Growth Reserve Fund. This NOW -5 - consideration should not only be restricted to individual initiatives that could be supported by the Fund, but more importantly, whether a reserve fund is the best mechanism to achieve growth outcomes for the City into the future. The fund was initially created with the objective of supporting the major transitions as a result of the Roadmap for Smart Growth. While there remain some active transformational changes as a result of the Roadmap, the objective is not to maintain this ongoing level of transition for the upcoming years, but instead, to support this renewed governance structure around growth and implementation of key Council -adopted growth strategies. The above considerations, among others, will be investigated by Staff and a report will be developed for the Growth Committee's and Council's consideration. The report is expected no later than January 2019. SERVICE AND FINANCIAL OUTCOMES The intended outcomes of the City of Saint John's growth -related efforts and investments are to achieve new levels of employment, population and tax base growth. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS This report was assembled with the support of colleagues from the Finance and Administrative Services Area. ATTACHMENTS N/A W-13 August 27, 2018 Mayor and Common Council City of Saint John PO Box 1971 Saint John, NB E2L 4L1 Mayor Darling, Deputy Mayor and Councillors: Subject: Annual General Meeting — Pension Board of Trustees As mandated in article 2.5(e) of the City of Saint John Shared Risk Plan Declaration of Trust, the annual general meeting of the Board of Trustees will be held on Wednesday, September 26, 2018 at 1:00 p.m. in the 8t" Floor Boardroom of City Hall. Please confirm attendance and the name of the individual who will be attending on behalf of the Mayor and Common Council by Wednesday, September 19, 2018 by responding to Kelly Tibbits at the Common Clerks Office, email kelly.tibbits@saintiohn.ca. Fred Slipp Chair City of Saint John Shared Risk Plan Board of Trustees City of Saint John Shared Risk Pension Plan P.O. Box 1971, 15 Market Square Saint John, N.B. E21L 4L1 506-658-2862 229 Sept. 5,2O18 Honorary Mayor and Council Members, My name is Christina Hyslop- Ramsey and I am the founder of the Gatekeepers of the Divine Light Inc. We are having a nonprofit event featuring Remi Boudreau, a well-known magician/ illusionist. (We) are asking you to purchase table often (tickets) which is $300.00. Tickets are $35.00each. Profits from our organization go as scholarships for children gifted in the arts. We humbly ask for your support and in your welcoming us into the city. Bus. # 761309319 Ref # 701797 ChhstinaHys|np-Ramney Gatekeepers of the Divine Light SEP n 2�jqq Oka soe"W'a v w. awl Po 30 -701-7�7 231 From: Weir, Shanda Sent: August-05+189:06AM To: D'[onnor,Colleen Subject: RE: Christmas with the Cops Mayor Darling, Merry Christmas from Christmas with the Cops— Christmas withthe[opsisanannuaUeventhe|dstthebeautifu|Inoperia|Theater.Pm|iceofficers, Paramedics Crown Attorneys and civilian staff members ali gather to sing your favorite Christmas songs oswell aosongs from different genres, All proceeds raised 8o to a local Charity. This year the oncology department at the Regional hospital will bethe receiving charity. We are hosting 2 shows this year. 1 Vie shows will be on Friday November 30/2018 and Saturday December, 1/2018. This bour third event. For the last Zyears the City ofSaint John has issued usamonetary donation tobe used for items for the show that were not able tobedonated. mROG E RS. �: 233 1111le Oly of Saba fohrill @=r i�-11 I 'M Ell I "I'll, "I'll, "I'll I'll, �� 11 11 1 11 1 1 The Committee of the Whole, having met on September 10, 2018, made the following recommen,�atiov: The City of Saint John support the seeking of leave to appeal to the Supreme Court of Canada from the decision of the NB Court of Appeal in the matter of The City of Saint John, Appellant and Robert Hayes on behalf of himself and other class members, Respondent, Cause Number 7- 17 -CA. Sincerely, Don Darling Mayor �,g jj�," 'r,j 31 VIIIIIII L)I aVA 234