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2018-11-19_Agenda Packet--Dossier de l'ordre du jourHr City of Saint John Common Council Meeting AGENDA Monday, November 19, 2018 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plait utiliser 1'entree Chipman Hill Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Pages 1. Call to Order 2. Approval of Minutes 2.1 Minutes of November 5, 2018 6-21 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Councillor Vacancy for Ward 3 (Recommendation in Report) 22-24 5.2 Enforcement of A By -Law Respecting Water and Sewerage - Appointment of 25-27 By -Law Enforcement Officers (Recommendation in Report) 5.3 Designation of By -Law Enforcement Officers - Dog Control By-law 28-31 (Recommendation in Report) 5.4 Millidgeville and Carleton Community Centre Contracts (Recommendation in 32-40 Report) 5.5 AquaHawk Customer Portal Launch - Saint John Water (Recommendation: 41-45 Receive for Information) 5.6 Saint John Board of Police Commissioners 2018 Executive (Recommendation: 46-46 Receive for Information) 5.7 Saint John Police Force 2019 Operating Budget (Recommendation: Receive for Information) 5.8 Public Safety Communications Centre (P.S.C.C) 2019 Operating Budget (Recommendation: Receive for Information) 5.9 T4G Snow Control Management Analytics (Recommendation in Report) 5.10 Canada Games Aquatic Centre - Appreciation of Support and Supplemental Funding (Recommendation: Receive for Information) 5.11 Carleton Community Center Improvements Small Communities Fund (SCF) Contribution Agreement (Recommendation in Report) 5.12 Fleet Replacement Procurement - November 2018 (Recommendation in Report) 6. Members Comments 7. Proclamation 8. Delegations / Presentations 8.1 Cherry Brook Zoo of Saint John Inc. 8.2 The Fundy Region ICE Strategy 9. Public Hearings - 6:30 p.m. 10. Consideration of By-laws 10.1 Zoning Bylaw Amendment with Section 59 Conditions - 243 Loch Lomond Road (3rd Reading) 10.2 Zoning Bylaw Amendment with Section 59 Conditions - 476 Sandy Point Road (3rd Reading) 10.3 A By-law respecting the Control of Dogs in the City of Saint John (3rd Reading) 10.4 A By-law to Amend a By-law respecting Water and Sewerage re: 2019 rates (3rd Reading) 10.5 Amendment to a By -Law Respecting Water and Sewerage (1 st and 2nd Reading) 11. Submissions by Council Members K 47-49 50-52 53-68 69-69 70-96 97-99 100-108 109-133 134-136 137-139 140-154 155-155 156-160 12. Business Matters - Municipal Officers K3 12.1 Demolition of Vacant, Dilapidated and Dangerous Building at 112 Victoria 161 - 195 Street (PID 379628) 12.2 Demolition of Vacant, Dilapidated and Dangerous Building at 194 Guilford 196-232 Street (PID 362335) 12.3 Review of Municipal Exceptional Citizen Recognition Awards 233-242 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Ticket Request - YMCA Peace Medallion Breakfast 243-243 15.2 Ticket Request - The Canadian Home Builders' Association 244-245 15.3 Ticket Request - Hope Empowerment Resiliency in Support of Hestia House 246-246 15.4 2019 Canadian Tire National Skating Championships - Request for 247-249 Sponsorship 15.5 Junior Achievement New Brunswick - Request for Sponsorship 250-250 16. Supplemental Agenda 16.1 Ticket Request - Kwanis Christmas Breakfast 251 -251 16.2 Ticket Request - United Empire Loyalists' Association of Canada NB Branch 252-252 Christmas Gathering 17. Committee of the Whole 17.1 Appointment to City of Saint John Board of Police Commissioners 253-253 17.2 Population Growth - Succeed and Stay Proposal 254-254 18. Adjournment K3 City of Saint John Common Council Meeting Monday, November 19, 2018 Committee of the Whole 1. Call to Order Si vous avez besoin des services en fran�ais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 10.(2)(4) of the Municipalities Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:00 p.m., 8" Floor Boardroom, City Hall 1.1 Approval of Minutes 68(l) 1.2 Land Matter 68(l)(d) 1.3 Confidential Information 68(l)(e) 1.4 Financial Matter 68(l)(c) 1.5 Land Matter 68(l)(d) 1.6 Financial Matter 68(l)(c) 1.7 Financial Matter 68(l)(c) 1.8 Potential Litigation 68(l)(g) Ville de Saint John Seance du conseil communal Lundi 19 novembre 2018 18 h, Salle du conseil Comite plenier 1. Ouverture de la seance 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 totalitg ou en partie, peut faire l'objet d'une discussion en privg en vertu des dispositions prgvues a Particle 10 de la Loi sur les municipalites. Le conseil/comitg prendra une ou des decisions a cet ggard au cours de la seance publique 16 h — Salle de conference, 8e etage, h6tel de ville 1.1 Approbation du proces-verbal — paragraphe 68(1) 1.2 Question relative aux biens-fonds — alinea 68(1)(d) 1.3 Question confidentielle — alinea 68(1)(e) 1.4 Question financiere — alinea 68(1)(c) 1.5 Question relative aux biens-fonds — alinea 68(1)(d) 1.6 Question financiere — alinea 68(1)(c) 1.7 Question financiere — alinea 68(1)(c) 1.8 Litige potentiel - alinea 68(1)(g) Seance ordinaire 1. Ouverture de la seance 2. Approbation du proces-verbal 2.1 Proces-verbal du 5 novembre 2018 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a 1'approbation du conseil 5.1 Poste de conseiller vacant pour le quartier 3 (recommandation figurant au rapport) K 5.2 Execution d'un arrete concernant les reseaux d'eau et d'egouts — Nomination d'agents d'execution des arretes municipaux (recommandation figurant au rapport) 5.3 Nomination d'agents d'execution des arretes municipaux — Arrete concernant le contr6le des chiens (recommandation figurant au rapport) 5.4 Contrats de service avec les centres communautaires Carleton et Millidgeville (recommandation figurant au rapport) 5.5 Lancement du portail du client AquaHawk — Saint John Water (recommandation : accepter a titre informatif) 5.6 Bureau des commissaires de la police de Saint John — Direction pour 2018 (recommandation : accepter a titre informatif) 5.7 Budget de fonctionnement 2019 du Service de police de Saint John (recommandation : accepter a titre informatif) 5.8 Budget de fonctionnement 2019 du Centre des communications de la securite publique (recommandation : accepter a titre informatif) 5.9 Analyse de la gestion des services de deneigement T4G (recommandation figurant au rapport) 5.10 Centre aquatique des Jeux du Canada — Reconnaissance du soutien et financement supplementaire (recommandation : accepter a titre informatif) 5.11 Entente de contribution du Fonds des petites collectivites (FPC) pour le Centre communautaire Carleton (recommandation figurant au rapport) 5.12 Acquisition de la flotte de remplacement — Novembre 2018 (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 8. Delegations et presentations 8.1 Zoo Cherry Brook 8.2 Strategie regionale des glaces de Fundy 9. Audiences publiques — 18 h 30 10. Etude des arretes municipaux 10.1 Modification de 1'Arrete de zonage sous reserve des conditions imposees par Particle 59 — 243, chemin Loch Lomond (troisieme lecture) 10.2 Modification de 1'Arrete de zonage sous reserve des conditions imposees par Particle 59 — 476, chemin Sandy Point (troisieme lecture) 3 10.3 Arrete concernant le contr6le des chiens dans The City of Saint John (troisieme lecture) 10.4 Arrete modifiant 1' arrete concernant les reseaux d' eau et d' egouts — Tarifs de 2019 (troisieme lecture) 10.5 Modification d'un r6glement sur les reseaux d'eau et d'egouts (lere et 2e lecture) 11. Interventions des membres du conseil 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Demolition du bdtiment vacant, delabre et dangereux situe au 112, rue Victoria (NID 379628) 12.2 Demolition des bdtiments vacants, delabres et dangereux situes au 194, rue Guilford (NID 362335) 12.3 Examen des prix de reconnaissance municipaux pour les citoyens exceptionnels 13. Rapports deposes par les comites 14. Etude des sujets ecartes des resolutions en bloc 15. Correspondance generale 15.1 Demande de billets — Dejeuner Medaille de la paix du YMCA 15.2 Demande de billets — Association canadienne des constructeurs d'habitations 15.3 Demande de billets — Hope Empowerment Resiliency en faveur de Hestia House 15.4 Championnats nationaux de patinage Canadian Tire 2019 — Demande de commandite 15.5 Junior Achievement Nouveau Brunswick - Demande de parrainage 16. Ordre du jour supplementaire 16.1 Demande de billets - Petit dej euner de Nodl Kiwanis 16.2 Demande de billets - Rassemblement de Nodl de la filiale du Nouveau - Brunswick de 1'Association des Loyalistes du Canada 17. Comite plenier 17.1 Nomination au conseil de police de la ville de Saint John C! 17.2 Croissance demographique - Proposition de reussite et de suspension 18. Levee de la seance COMMON COUNCIL/ CONSEIL COMMUNAL November 5, 2018 / le 5 novembre 2018 MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN NOVEMBER 5, 2018 AT 6:30 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 Donna Reardon Councillor Ward 4 David Merrithew Councillor Ward 4 Ray Strowbridge Also Present: Acting City Manager/Commissioner Growth and Community Development J. Hamilton Fire Chief K. Clifford City Solicitor J. Nugent Commissioner of Finance and Treasurer K. Fudge Commissioner of Transportation and Environment M. Hugenholtz Commissioner of Saint John Water B. McGovern Deputy Commissioner Transportation and Environment T. O'Reilly Deputy Commissioner Growth and Community Development A. Poffenroth Common Clerk J. Taylor Deputy Common Clerk P. Anglin 1 C.1 COMMON COUNCIL / CONSEIL COMMUNAL November 5, 2018 / le 5 novembre 2018 1. Call to Order Mayor Darling called the meeting to order and acknowledged Remembrance Day by observing a moment of silence to reflect on all those who served in war and conflicts and made the ultimate sacrifice. 2. Approval of Minutes 2.1 Minutes of October 22, 2018 Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the minutes of the meeting of Common Council, held on October 22, 2018, be approved. LTA IQ 111100 0114YAall all 1; 191 3. Approval of Agenda Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the agenda of this meeting be approved with the addition of items: 17.1 Human Rights Complaint Matter; and 17.2 Recommended Appointments to Committees. MOTION CARRIED. The meeting having started at 6:30 p.m. proceeded immediately to the public hearings items 9.1 and 9.2. 4. Disclosures of Conflict of Interest S. Consent Agenda 5.1 That pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following member of the Canadian Corps of Commissionaires as By -Law Enforcement Officer with the responsibility and authority to enforce provisions of the Parking Meter By -Law and the provisions of Section 5, Section 5.1, Section 7, Section 8, Section 15 and Section 16 of the Saint John Traffic By -Law, namely: Greg Ryan, Badge #9963; And further that this appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or until the appointment is rescinded by Common Council, whichever comes first. INA r� COMMON COUNCIL/ CONSEIL COMMUNAL November 5, 2018 / le 5 novembre 2018 5.2 That the letter from the Saint John Police Association — Fair Taxation and Regional Services be received for information. 5.3 That the G. Scaplen letter: Weight Limit Reversing Falls Bridge be received for information. 5.4 That as recommended by the Planning Advisory Committee in the submitted report Subdivision 61 Galbraith Place, Common Council authorize the acceptance of money -in -lieu of the required land for public purposes (LPP) for the proposed lots 18-1 and 18-2. 5.5 That as recommended by the City Manager in the submitted report M&C 2018- 295: Labour Bell Memorial Plaque, Common Council approve the request of Parks Canada to install a Labour Bell Memorial on City property more particularly identified by PID No. 00018614 and that the Mayor and Common Clerk be authorized to execute the Agreement in the submitted form which outlines the terms and conditions associated with such installation. 5.6 That as recommended by the City Manager in the submitted report M&C 2018- 300: Establishment of a Supply Agreement for Desktop and Laptop Computers, the Mayor and Common Council authorize staff to leverage the Province of New Brunswick's vendor supply agreement with IMP Solutions for client computing devices including desktop computers and laptop computers for a period of eight (8) months with the option to renew in one (1) year increments up to 5 additional years, exercising the City's right under the Public Procurement Act of the Province of New Brunswick. 5.7 That as recommended by the City Manager in the submitted report M&C 2018- 299: City Market Lease with Bubbles & Balm's Healthy Cosmetics, 1. The City enter into a Lease for Stall "1" in the City Market with Bubbles & Balms Healthy Cosmetics, under the terms and conditions as set out in the Lease submitted with M&C 2018-299; and further, 2. That the Mayor and Common Clerk be authorized to execute any necessary documents. 5.8 That as recommended by the City Manager in the submitted report M&C 2018- 306: Amending Licence Agreement for Saint John Adventures Inc. at Fallsview Park, 1. The City of Saint John amend its Licence Agreement with Saint John Adventures Inc., dated May 11, 2015 (M&C: 2015-90) to permit the construction and operation of an additional structure as detailed in Schedule "A" of the amending agreement 3 E:3 COMMON COUNCIL / CONSEIL COMMUNAL November 5, 2018 / le 5 novembre 2018 attached to M&C: 2018-306, in all other respects the agreement remains unchanged; and, 2. That the Mayor and Common Clerk be authorized to sign any documentation to execute this agreement. 5.9 That the Cherry Brook Zoo's Request to Present be referred to the Clerk to schedule. 5.10 That the G. Taylor Request to Present re: Yacht Haven Lane be referred to the Clerk to schedule. 5.11 That as recommended by the City Manager in the submitted report M&C 2018- 291: Deep GHG Emission Reduction and Condition Assessment Study for Municipal Buildings and Water Facilities Grant Agreement, the City enter into the Grant Agreement with the Federation of Canadian Municipalities under the Municipalities for Climate Innovation Program (MCIP) for the Deep GHG emission reduction and Condition Assessment Study For Municipal buildings and Water facilities in the form and upon the terms and conditions as submitted; and that the Mayor and Common Clerk be authorized to execute the said Agreement. 5.12 That as recommended by the City Manager in the submitted report M&C 2018- 292: Climate Change Vulnerability Assessment Methodology and Analysis Grant Agreement, the City enter into the Grant Agreement with the Federation of Canadian Municipalities under the Municipalities for Climate Innovation Program (MCIP) for the Climate Change Vulnerability Assessment Methodology and Analysis in the form and upon the terms and conditions as submitted; and that the Mayor and Common Clerk be authorized to execute the said Agreement. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: 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 World Town Planning Day - November 8, 2018 4 COMMON COUNCIL/ CONSEIL COMMUNAL November 5, 2018 / le 5 novembre 2018 The Mayor proclaimed November 8, 2018 as World Town Planning Day in The City of Saint John. 7.2 World Pancreatic Cancer Dav - November 15. 2018 The Mayor proclaimed November 15, 2018 as World Pancreatic Cancer Day in The City of Saint John. 8. Delegations/Presentations 8.1 Saint John Board of Police Commissioners Referring to the submitted report entitled Saint John Board of Police Commissioners, Jeff McAloon, member Saint John Board of Police Commissioners presented on the leadership role of the commission and the governance model, including the skills matrix competencies of board members, board priorities, 2019 budget objectives, core services and non-core services, regional approach to services, future technology enhancements including voice text and a Police Records Management system. Strategic planning and sustainability were also addressed. Interim Police Chief Bruce Connell presented the police force activity dashboard, including staff training, responding to mental health calls at hospitals, impaired driving and accident fatalities reconstruction, and demands of the new cannabis legislation. Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that the submitted report entitled Saint John Board of Police Commissioners be received for information. MOTION CARRIED. 9. Public Hearings 6:30 PM 9.1 234 Loch Lomond Road — Zoning ByLaw Amendment — Staff Presentation and Planning Advisory Committee report recommending Rezoning 9.1.1 Zoning ByLaw Amendment (151 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 234 Loch Lomond Road to permit a commercial retail use, 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. 5 iK COMMON COUNCIL / CONSEIL COMMUNAL November 5, 2018 / le 5 novembre 2018 The Mayor called for members of the public to speak in favour of the re -zoning with no one presenting. Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that the by-law entitled, "A Law to Amend the Zoning ByLaw of The City of Saint John," amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1361 square metres, located at 243 Loch Lomond Road, also identified as PID Number 00321224 from Two -Unit Residential (R2) to General Commercial (CG), be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "A Law to Amend the Zoning ByLaw of The City of Saint John," amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1361 square metres, located at 243 Loch Lomond Road, also identified as PID Number 00321224 from Two -Unit Residential (R2) to General Commercial (CG), be read a second time. LTA [0000114L1:k]k]11191 Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9.2 476 Sandy Point Road — Zoning ByLaw Amendment — Staff Presentation and Planning Advisory Committee report recommending Rezoning 9.2.1 Zoning BvLaw Amendment (111 and 211 Readiniz) 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 476 Sandy Point Road for the purpose of establishing a clubhouse and banquet hall for the Saint John Trojans Rugby Club, 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. Cs1 11 COMMON COUNCIL/ CONSEIL COMMUNAL November 5, 2018 / le 5 novembre 2018 The Mayor called for members of the public to speak in favour of the re -zoning with Chris Barry President Saint John Trojans Rugby Club presenting. Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that the by-law entitled, "A Law to Amend the Zoning ByLaw of The City of Saint John," amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1,406 square metre, located at 476 Sandy Point, also identified as PID Number 00431544 from Two -Unit Residential (R2) to General Commercial (CG), be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the by-law entitled, "A Law to Amend the Zoning ByLaw of The City of Saint John," amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1,406 square metre, located at 476 Sandy Point, also identified as PID Number 00431544 from Two -Unit Residential (R2) to General Commercial (CG), be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." Councillor Armstrong entered the meeting. 10. Consideration of By-laws 10.1 First and Second Readiniz of the Saint John DoR Control By -Law R. VanWart gave an overview of the submitted Saint John Dog Control By-law including the proposed amendments required in the new Local Governance Act, fee updates, microchipping, and the ability to seize dogs. Responding to questions, A. Poffenroth commented on balancing the fees to encourage better owner behavior and to avoid relinquishing dogs to the SPCA because of fees being too onerous. Dog Licenses may be obtained at City Hall, the SPCA and other locations. A bylaw amendment would be required to have dog breeders/sellers responsible to ensure VA 12 COMMON COUNCIL / CONSEIL COMMUNAL November 5, 2018 / le 5 novembre 2018 licenses are purchased. The City Solicitor would need to be consulted on the legality of this issue. Consideration was given to the report entitled M&C 2018-307: First and Second Reading of the Saint John Dog Control By -Law. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "ByLaw Number M- 13, A By -Law Respecting the Control of Dogs in The City of Saint John", updated to comply with the provisions and requirements of the new Act; and repealing and replacing the by-law enacted on the 24th day of September 2012 and all amendments thereto, be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "ByLaw Number M- 13, A By -Law Respecting the Control of Dogs in The City of Saint John." Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "ByLaw Number M- 13, A By -Law Respecting the Control of Dogs in The City of Saint John", updated to comply with the provisions and requirements of the new Act; and repealing and replacing the by-law enacted on the 241h day of September 2012 and all amendments thereto, be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "ByLaw Number M- 13, A By -Law Respecting the Control of Dogs in The City of Saint John." 11. Submissions by Council Members 11.1 Lord Beaverbrook Rink Presentation Moved by Councillor Norton, seconded by Councillor MacKenzie: RESOLVED that the presentation by the representatives of the Lord Beaverbrook Rink Board of Directors and/or management staff be referred to the Common Clerk to schedule. LTA IQI[Q0114Y1:l11; 191 12. Business Matters - Municipal Officers 12.1 Demolition of Vacant, Dilapidated and Dangerous Building at 21, 23, 25 Main Street (PID 378919) 8 13 COMMON COUNCIL/ CONSEIL COMMUNAL November 5, 2018 / le 5 novembre 2018 R. VanWart provided a presentation of the condition of the buildings owned by Joseph Patrick Robichaud and Mary Lena Robichaud and an overview of the demolition order. The responsibility and recovery for the demolition costs were outlined. The RFQ process and timeline was outlined. Responding to a question on the legal process, A. Poffenroth commented there are rare circumstances where an owner may demolish the building themselves. Staff would need to ensure the work was completed to standard. Responding to a question, some owners may work out a payment plan for the demolition costs with the City or the Province. The City Solicitor advised that legality of the demolition process is determined on a case by case basis. 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 21, 23, 25 Main Street (PID 378919) 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 that the building is structurally sound and not dilapidated. Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that as recommended by the City Manager in the submitted report M&C 2018-301: Demolition of Vacant, Dilapidated and Dangerous Building at 21, 23, 25 Main Street (PID 378919) Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, to arrange for the demolition of the building at 21, 23, 25 Main Street (PID 378919), in accordance with the applicable City purchasing policies. MOTION CARRIED. 12.2 Demolition of Vacant, Dilapidated and Dangerous Building at 105 Main Street (PID# 378851) R. VanWart provided an overview of the demolition order. The property is owned by PMV Canada Inc., of Fredericton, New Brunswick. The Mayor read the cautionary statement as follows: D] 14 COMMON COUNCIL / CONSEIL COMMUNAL November 5, 2018 / le 5 novembre 2018 "The information which has been provided in the Council Kit includes the report of the Building Inspector stating that the building located at 105 Main Street (PID# 378851) 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 that the building is structurally sound and not dilapidated. Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that as recommended by the City Manager in the submitted report M&C 2018-302: Demolition of Vacant, Dilapidated and Dangerous Building at 105 Main Street (PID# 378851), Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, to arrange for the demolition of the building at 105 Main Street (PID# 378851), in accordance with the applicable City purchasing policies. MOTION CARRIED. 12.3 Demolition of Vacant, Dilapidated and Dangerous Building at 111 Main Street (PID# 378844) R. VanWart provided an overview of the demolition order. 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 111 Main Street (PID# 378844) 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 that the building is structurally sound and not dilapidated. Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that as recommended by the City Manager in the submitted report M&C 2018-303: Demolition of Vacant, Dilapidated and Dangerous Building at 111 Main Street (PID# 378844), Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, to arrange for the demolition of the building 10 15 COMMON COUNCIL/ CONSEIL COMMUNAL November 5, 2018 / le 5 novembre 2018 at 111 Main Street (PID# 378844), in accordance with the applicable City purchasing policies. MOTION CARRIED. 12.4 Demolition of Vacant, Dilapidated and Dangerous Building at 115-117 Main Street (PID# 378836) R. VanWart provided an overview of the demolition order. The building is owned by PMV Canada Inc. of Fredericton, New Brunswick. 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 115-117 Main Street (PID# 378836) 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 that the building is structurally sound and not dilapidated. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that as recommended by the City Manager in the submitted report M&C 2018-304: Demolition of Vacant, Dilapidated and Dangerous Building at 115-117 Main Street (PID# 378836), Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, to arrange for the demolition of the building at 115-117 Main Street (PID# 378836), in accordance with the applicable City purchasing policies. MOTION CARRIED. 12.5 Update on Regional Ice Strategy Options Referring to the submitted report entitled Update on Regional Ice Strategy Options T. O'Reilly commented on the following options: Option 1— Cost Sharing Service Agreement Update; and Option 2 — Cost Recovery and Residential Rebate Program Update. Option 1 remains the City staff's preferred option. Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: 11 COMMON COUNCIL / CONSEIL COMMUNAL November 5, 2018 / le 5 novembre 2018 RESOLVED that the submitted report M&C 2018-308: Update on Regional Ice Strategy Options, be received for information; and that the Fundy Regional Service Commission be authorized to present at the next Council meeting, November 19th, 2018. LTA [0000114L1ilk] ilk] 1119a 12.6 Council Remuneration -Elimination of 1/3 Tax Free Allowance Moved by Councillor Reardon, seconded by Councillor Strowbridge: RESOLVED that as outlined in the submitted report M&C 2018-310: Council Remuneration - Elimination of 1/3 Tax Free Allowance, Council directs staff to adjust the pre-tax compensation for Council members effective on January 1St, 2019 to maintain the elected official's after tax income at the 2018 level. The Clerk advised that staff would be required to report back to Council with the adjusted salary amounts, noting that the Council salary by-law will require an amendment prior to the increase taking effect. MOTION CARRIED with Deputy Mayor McAlary and Councillors Norton and Sullivan voting nay. 12.7 2019 Utility Fund Operating Budget Referring to the submitted report entitled 2019 Utility Fund Operating Budget Councillor Merrithew advised on the achievement of the Safe, Clean Drinking Water Project. Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that as recommended by the City Manager in the submitted report M&C 2018-298: 2019 Utility Fund Operating Budget, Common Council adopt the following: 1. RESOLVED that the estimated revenue for the Water and Sewerage Utility for the year 2019 in the amount of $48,286,000 be adopted (Appendix "A"); 2. RESOLVED that the estimate of expenses for the Water and Sewerage Utility for the year 2019 in the amount of $48,286,000 be approved (Appendix "A"). MOTION CARRIED with Councillor Sullivan voting nay. Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the bylaw entitled, "By -Law Number M-16, A By -Law to Amend a By -Law respecting Water and Sewerage", be amended by repealing Schedules "A" and "B" in 12 17 COMMON COUNCIL/ CONSEIL COMMUNAL November 5, 2018 / le 5 novembre 2018 Section 44, and substituted by the submitted 2019 Schedules "A" and "B", be read a first time. MOTION CARRIED with Councillor Sullivan voting nay. Read a first time by title, the by-law entitled, "By -Law Number M-16, A By -Law to Amend a By -Law respecting Water and Sewerage". Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the bylaw entitled, "By -Law Number M-16, A By -Law to Amend a By -Law respecting Water and Sewerage", be amended by repealing Schedules "A" and "B" in Section 44, and substituted by the submitted 2019 Schedules "A" and "B", be read a second time. MOTION CARRIED with Councillor Sullivan voting nay. Read a second time by title, the by-law entitled, "By -Law Number M-16, A By -Law to Amend a By -Law respecting Water and Sewerage". 12.8 2019 General Operating Budget Referring to the submitted report entitled 2019 General Operating Budget, Councillor Merrithew, Finance Committee Chair, commented on the budget being affected by the Province's funding agreement over a three year period expiring at the end of 2020. The lack of the funding agreement in 2020 will make the City's future budgets for operating costs unsustainable without contingencies in place. The Commissioner of Finance commented on the budget challenges, the barriers that exist in the City's ability to reduce costs and future sustainability. Contingencies to provide for sustainability were discussed, such as tax reform and reduction in the establishment and services. The 2019 Operating Budget relies heavily ($8.9 million) on short term provincial assistance. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that in accordance with the Procedural Bylaw the meeting extend beyond 10:00 P.M. MOTION CARRIED. Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that the submitted report M&C 2018-297: 2019 General Operating Budget, be received for information. IL [0000114L1:k]k]11191 iF:3 13 COMMON COUNCIL / CONSEIL COMMUNAL November 5, 2018 / le 5 novembre 2018 13. Committee Reports 13.1 Heritage Grant Budget 2019 Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the submitted report, Heritage Grant Budget 2019, be referred to the Growth Committee. MOTION CARRIED. 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 17. Committee of the Whole 17.1 Human Rights Complaint Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that as recommended by the Committee of the Whole having met on November 5t", 2018 Common Council approve a payment of $3,800.00 to the Employee to settle Human Rights Complaint No. S-2017-0151, subject to the Employee's execution of a Full and Final Release and Minutes of Settlement drafted in accordance with the terms generally outlined in M&C 2018-312 and, further that the Mayor and Common Clerk is authorized by Common Council to execute the aforementioned settlement documentation. MOTION CARRIED. 17.2 Nominating Committee — Recommended Appointments to Committees Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that as recommended by the Committee of the Whole having met on November 5t", 2018 Common Council approve the following appointments: City of Saint John Shared Risk Pension Plan Board: to appoint Michael Duncan for a 4 year term from February 1, 2019 to February 1, 2023; to reappoint John de Gruyter for a 2 year term from February 1, 2019 to February 1, 2021; and to appoint Alan Lock as an alternate trustee for a 2 year term from February 1, 2019 to February 1, 2021. 14 COMMON COUNCIL/ CONSEIL COMMUNAL November 5, 2018 / le 5 novembre 2018 Community Grants Evaluation Committee: to appoint both Cory Michaud and Narinder Singh for 3 year terms from December 23, 2018 to December 23, 2021. Discover SJ: to appoint Terry Hutchinson for a 3 year term from November 5, 2018 to November 5, 2021. Fort LaTour Authority: to reappoint Emily Teed for a 3 year term from December 21, 2018 to December 21, 2021. Lord Beaverbrook Rink: to reappoint Dr. Michael Simon for a 3 year term from December 21, 2018 to December 21, 2021. Planning Advisory Committee: to appoint Susan Baxter for a 3 year term from January 1, 2019 to January 1, 2022 and to appoint Councillor Gary Sullivan from November 5, 2018 to the end of his current term of Council. Saint John Airport: to reappoint both Paulette Hicks and Kevin Scott for 3 year terms from November 30, 2018 to November 30, 2021. Saint John Aquatic Centre Commission: to appoint Paula Radwan for a 3 year term from November 5, 2018 to November 5, 2021 and to replace Councillor Strowbridge with Councillor David Merrithew from November 5, 2018 to the end of his current term of Council. Saint John Energy: to reappoint Derek Pannell for a 3 year term from January 11, 2019 to January 11, 2022. Saint John Free Public Library: to reappoint William Marr for a 3 year term from November 23, 2018 to November 23, 2021. Saint John Parking -Transit Commission: to reappoint Tim Petersen for a 3 year term from December 21, 2018 to December 21, 2021 to both the Parking and Transit Commissions. Trade and Convention Centre Oversight Committee: to reappoint Peter Murray from November 23, 2018 to November 23, 2021 and to appoint Jonathan Kennedy from November 5, 2018 to November 5, 2021. MOTION CARRIED. 18. Adjournment Moved by Councillor MacKenzie, seconded by Councillor Armstrong: 15 491 COMMON COUNCIL / CONSEIL COMMUNAL November 5, 2018 / le 5 novembre 2018 RESOLVED that the meeting of Common Council held on November 5, 2018, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 10:33 p.m. 16 21 1 41 COUNCIL REPORT M&C No. 2018-317 Report Date November 13, 2018 Meeting Date November 19, 2018 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Councillor Vacancy for Ward 3 OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Jonathan Taylor Jonathan Taylor m I Neil Jacobsen RECOMMENDATION It is recommended that Council adopt the following resolution: "RESOLVED that, having received Councillor Gerry Lowe's submitted resignation as Ward 3 Councillor, Common Council declare a Councillor vacancy in Ward 3 of the City of Saint John effective November 19, 2018; and further, that the Common Clerk be directed to provide a certified copy of this resolution to the Municipal Electoral Officer of the Province of New Brunswick." PREVIOUS RESOLUTION October 22, 2018 Council resolution: "RESOLVED that Saint John Common Council not declare a vacancy in the office of Councillor in Ward 3 at this time, and that the Common Clerk be directed to add the matter to the November 191h agenda." REPORT At its meeting of October 22, 2018, Common Council received a resignation letter from Ward 3 Councillor Gerry Lowe. Council directed the Common Clerk to add the matter to the November 191h agenda for a formal resolution of Council declaring the vacancy. As outlined in section 51(1) of the Local Governance Act, the Council WA -2 - shall by resolution declare a vacancy within two months after the date that a vacancy arises. The clerk must forward a certified copy of the Council resolution to the Municipal Electoral Officer, who shall hold a by-election to fill the vacancy. The by-election for Saint John's Ward 3 vacancy would take place on May 6th, 2019 by-election. Individuals interested in running for Council are encouraged to visit the Elections NB website (www.electionsnb.ca) and download the Candidate Nominating Kit. ATTACHMENTS Resignation letter from Councillor Lowe W RVOTOMETO]WO R I am writing to announce my resignation as Ward 3 Councillor for the City of Saint John, as well g.&"Qk *S-reV6 position as Councillor. Having been recently elected as a Member of the Legislative Assembly of New Brunswick, I am unable to continue my Council duties. It has been an honour serving the citizens of Ward 3 over the past 5 years. It has also been an V Ifly 'Y.?qj*j lot of positive progress in advancing council's priorities. Your dedication to the citizens of this community is truly commendable and I applaud each of you for your commitment and hard work. of Saint John. Their professionalism and hard work does not go unnoticed and is a real asset to the City and the community. As MLA of Saint John Harbour, I look forward to continuing to work diligently on behalf of the SAINT JOHN PO. 3ox 1971 Saint john, NB Canada f21-41_"1 � www4aintiohn.ca 1 .P 1971 Saint John, N, -B, Canada E2L 41-1 0&1 1 41 COUNCIL REPORT M&C No. 2018-316 Report Date November 13, 2018 Meeting Date November 19, 2018 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT. • Enforcement of *A By -Law Respecting Water and Sewerage — Appointment of By -Law Enforcement Officers OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. A UTHORIZA TION Primary Author Department Head Acting City Manager Melanie C. Tompkins J. Brent McGovern Neil Jacobsen RECOMMENDATION WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Local Governance Act, including A By - Law Respecting Water and Sewerage, By-law Number M-16, and amendments thereto, (the "Water & Sewerage By-law") and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has violated or failed to comply with the said By-law; AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; AND WHEREAS section 150(1) of the Local Governance Act provides that proceedings for breach of a by-law shall be commenced in the name of the clerk of the municipality or such other person as is designated for that purpose by the council; NOW THEREFORE BE IT RESOLVED, that J. Brent McGovern, Kendall Mason, James Margaris, Jason Leclerc, Pierre LeBlanc, Jordan Moran, Michael Baker, Valerie Farrah, Grant Harrigan, Paul Woodhouse and Carl Brandon are hereby appointed as by-law enforcement officers with respect to the enforcement of the Water & Sewerage By-law, effective immediately, and this appointment shall continue until they individually cease to be an employee of the Saint John Water Services of The City of Saint John or until this resolution is rescinded by Common Council, whichever comes first; alp -2 - AND BE IT FURTHER RESOLVED, that J. Brent McGovern, Kendall Mason, James Margaris, Jason Leclerc, Pierre LeBlanc, Jordan Moran, Michael Baker, Valerie Farrah, Grant Harrigan, Paul Woodhouse and Carl Brandon are hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Water & Sewerage By-law, effective immediately, and this designation and authorization shall continue until they individually cease to be an employee of Saint John Water Services of The City of Saint John or until this resolution is rescinded by Common Council, whichever comes first. EXECUTIVE SUMMARY This report seeks the appointment of the Commissioner, the Deputy Commissioner, the Operations Managers of Saint John Water, the Administrative Officer, the Superintendent — Water and Sanitary Systems, the Municipal Engineering Technician and the Plumbing Inspector for the purpose of enforcing the Water & Sewerage By -Law under the authority of the Local Governance Act. PRE VIO US RESOLUTION N/A STRATEGIC ALIGNMENT N/A REPORT It is necessary to designate appropriate individuals from the City of Saint John to enforce city by-laws and commence, in the name of the municipality, proceedings for breach of By-laws. Saint John Water, in order to properly manage the Water & Sewerage By -Law under the authority of the Local Governance Act, must have in place By -Law Enforcement Officers for this purpose. Section 72 of the Local Governance Act provides that a council may appoint by- law enforcement officers for the local government and may determine their terms of office. Those employees of the city appointed under the authority of s. 72 of the Local Governance Act will have the authority to send written demands requiring the remedial of contraventions to the Water & Sewerage By -Law and take action in the event that the violation is not remedied. They will also be able to send notices of penalty under the new enforcement regime — which allows the city to impose and collect administrative penalties in lieu of prosecution (and related fines), thereby keeping in the city revenues the full amount of the administrative penalty. Finally, those appointed will also be authorized to lay information(s) in the 41.1 -3 - Provincial Court of the Province of New Brunswick with respect to violations to that by-law. Those employees who manage the Water & Sewerage by-law are the Commissioner, Deputy Commissioner, the Operations Managers of Saint John Water, the Administrative Officer, the Superintendent – Water and Sanitary Systems, the Municipal Engineering Technician and the Plumbing Inspector. For this reason, the recommendation is that each of them be appointed as a by-law enforcement officer. SERVICE AND FINANCIAL OUTCOMES Under the enforcement regime of the Local Governance Act, the city is able to impose administrative penalties in lieu of prosecution, the proceeds of which remain entirely with the city. The appointment of By -Law Enforcement Officers for the purposes of the Water & Sewerage By -Law will allow Saint John Water to impose such administrative penalties under the by-law's new penalty provision. The administrative penalty under the by-law is $1,500.00 per violation. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The resolution was drafted in consultation with the Legal Department. ATTACHMENTS AXI 1 41 COUNCIL REPORT M&C No. 2018-320 Report Date November 09, 2018 Meeting Date November 19, 2018 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Designation of By -Law Enforcement Officers - Dog Control 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 Rachel Van Wart J Hamilton/A Poffenroth Neil Jacobsen RECOMMENDATION It is recommended that Common Council adopt the attached resolution. EXECUTIVE SUMMARY On January 1, 2018 the Local Governance Act came into force which replaced the Municipalities Act. On November 5, 2018, Common Council gave first and second reading to the Saint John Dog Control By-law and upon third reading, the by-law will be updated to reflect the new legislation. As a result, it is necessary to update the designation of by-law enforcement officers to reflect these changes. PREVIOUS RESOLUTIONS RESOLVED that the by-law entitled, "ByLaw Number M- 13, A By -Law Respecting the Control of Dogs in The City of Saint John", updated to comply with the provisions and requirements of the new Act; and repealing and replacing the by- law enacted on the 24th day of September 2012 and all amendments thereto, be read a first time. RESOLVED that the by-law entitled, "ByLaw Number M- 13, A By -Law Respecting the Control of Dogs in The City of Saint John", updated to comply with the provisions and requirements of the new Act; and repealing and replacing the by- law enacted on the 24th day of September 2012 and all amendments thereto, be read a second time. K-11 -2 - REPORT On January 1, 2018 the Local Governance Act came into force which replaced the Municipalities Act. On November 5, 2018, Common Council gave first and second reading of the Saint John Dog Control By-law; upon third reading, the by- law will be updated to reflect the new legislation. As a result, it is necessary to update the designation of by-law enforcement officers to reflect these changes. It is necessary at this time to designate Pamela Bentley, Vincent Chan, Lorraine Denton, Tamara Duke, Marc Goguen, Stephen Guenette, Philip Mitton, Amy Poffenroth, Dennis Richard, Mark Slader, Catherine Lowe, Rachel Van Wart and Christopher McKiel as by-law enforcement officers by adopting the attached resolution so that they may carry out their duties pertaining to enforcement of the Dog Control By -Law. STRATEGIC ALIGNMENT The attached resolution for the designation of by-law enforcement officers is necessary for the enforcement of the Dog Control By-law. SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Solicitor's Office drafted the attached resolution. ATTACHMENTS Resolution Wel RESOLVED, that as recommended by the City Manager, the following resolution be adopted: 1. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and amendments thereto, (the "Local Governance Act") including the Saint John Dog Control By- law, By-law Number M-13 and amendments thereto, and it may from time to time be necessary to make inspections for the administration or enforcement of the By-law; AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; AND WHEREAS subsection 144(2) of the Local Governance Act provides that a council may authorize by-law enforcement officers to enter the land, building or other structure at any reasonable time, and carry out the inspection after giving reasonable notice to the owner or occupant of the land, building or other structure to be entered; NOW THEREFORE BE IT RESOLVED, that Pamela Bentley, Vincent Chan, Lorraine Denton, Tamara Duke, Marc Goguen, Stephen Guenette, Catherine Lowe, Christopher McKiel, Philip Mitton, Amy Poffenroth, Dennis Richard, Mark Slader and Rachel Van Wart, are hereby appointed as by-law enforcement officers and authorized to enter at all reasonable times upon any property within the territorial boundaries of the City of Saint John for the purpose of making any inspection that is necessary for the administration or enforcement of the Saint John Dog Control By- law which received first and second reading by Common Council on November 5, 2018 and third reading on November 19, 2018, effective immediately, and this authorization shall continue until he/she ceases to be an employee of the Growth and Community Development Services department of The City of Saint John or until rescinded by Common Council, whichever comes first. 2. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Local Governance Act, including the Saint John Dog Control By-law, By-law Number M-13, and amendments thereto, (the "Saint John Dog Control By-law") and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has violated or failed to comply with the said By-law; AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; AND WHEREAS section 12 of the Saint John Dog Control By-law provides that by-law enforcement officers are authorized to make complaints to a judge of the Provincial Court of New Brunswick alleging that a dog has bitten or attempted to bite a person and commence proceedings with respect to violations of this By-law; AND WHEREAS section 150(1) of the Local Governance Act provides that proceedings for breach of a by-law shall be commenced in the name of the clerk of the municipality or such other person as is designated for that purpose by the council; NOW THEREFORE BE IT RESOLVED, that Pamela Bentley, Catherine Lowe, Christopher McKiel, Amy Poffenroth, Rachel Van Wart, Philip Mitton, Dennis Richard, Lord Denton, Tamara Duke, Stephen Guenette, Marc Goguen, Vince Chan, and Mark Slader are hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for violations of the Saint John Dog Control By-law, effective immediately, and this designation and authorization shall continue until he/she 091 ceases to be an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 31 1 41 COUNCIL REPORT M&C No. M&C 2018-314 Report Date November 14, 2018 Meeting Date November 19, 2018 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Millidgeville and Carleton Community Centre Contracts OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Brad Adams Tim O'Reilly/Michael Hugenholtz Neil Jacobsen RECOMMENDATION City staff recommends the following: • RESOLVED that the parties extend the agreement (two years) in consideration of the sum of $52,780.00 to December 31, 2019 and the sum of $53,572.00 extend to December 31, 2020 between the City of Saint John and the YMCA of Greater Saint John Inc. dated August 26, 2013 as renewed February 23, 2015, further renewed December 16, 2016, and again renewed December 12, 2017 for services, at the Millidgeville Community Centre and that the terms and current agreement be extended except as to any right to renew and that the Mayor and Common Clerk be authorized to sign all necessary documentation. • RESOLVED that the parties extend the agreement (one year) in consideration of the sum of $190,210.00 (HST included) to January 31, 2020 between the City of Saint John and the Carleton Community Centre Inc. dated November 22, 2017 for services, at the Carleton Community Centre and that the terms and current agreement be extended except as to any right to renew and that the Mayor and Common Clerk be authorized to sign all necessary documentation. EXECUTIVE SUMMARY The purpose of this report is to recommend extention of service contracts for two of the City's primary community centres. 0 -2 - PREVIOUS RESOLUTION Common Council last resolved to enter into community centre service agreements with Carleton Community Centre Inc. and the YMCA in November and December 2017, respectively. REPORT Five primary community centres exist in Saint John that are funded significantly by the City. The South End Community Centre is in St. John the Baptist/King Edward School and is currently operated by the Boys and Girls Club. The Nick Nicolle (North End) Community Centre is a city -owned building attached to the former Lorne School and is currently operated by ONE Change. The Forest Glen Community Centre is attached to Forest Hills School and is currently operated by the YMCA. The Millidgeville Community Centre is attached to M. Gerald Teed School and is operated by the YMCA. The Carleton Community Centre is a city - owned building and is currently operated by Carleton Community Centre Inc. There are also seven additional and completely neighbourhood owned and operated community centres in the City. Each centre gets a lower level of City funding to help offset costs. In addition, there are three privately owned and operated community centres, being the Boys and Girls Club, YMCA and Teen Resource Centre. A chapter of PIaySJ is dedicated to community centres. The strategic plan identified there was a slight over -supply of community centres with 17 in the City whereas 14 is the benchmark based on the City's population. Since PIaySJ was adopted the Somerset Community Centre, a City staff operated centre, as well as the Loch Lomond Community Centre, a neighbourhood owned/operated centre, were closed. PIaySJ also recommended the continued move from centres run by City staff to those managed and operated by the community, referred to as Alternate Service Delivery (ASD). The purpose for the move to ASD is to lower the cost of operating the community centres by allowing the respective service organizations to leverage other partnerships, a volunteer base, and operational efficiencies, particularly in the case of larger organizations such as YMCA or the Boys and Girls Club. In the case of neighbourhood -based organizations such as ONE Change, and Carleton Community Centre Inc. the ASD model allows residents in the neighbourhood to continue to own their neighbourhood. City staff once operated all primary community centres. Staff is proposing a one year extension for the Carleton Community Centre agreement. Typically agreements are created for 2 or more years at a time. The Carleton Community Centre Inc. continues to work on their strategic planning, 091 -3 - being a relatively new organization. A longer agreement with updated terms of reference is contemplated when their strategic planning is finalized. The Anglophone South School District has confirmed in writing their continued support of the YMCA operating the Millidgeville Community Centre. The school district's approval of the operator of this community centre is required as per agreement between the City and school district. There are many other recommendations in PIaySJ regarding community centres that need to be developed. City staff continue to work on these recommendations. STRATEGIC ALIGNMENT This report aligns with PIaySJ as well as Council's priorities related to: • investing in arts, culture and recreation experiences that create a sense of community pride, and • continuous improvement toward operational efficiency through strategic partnerships. SERVICE AND FINANCIAL OUTCOMES The attached agreements would allow the same level of service be provided at the Millidgeville and Carleton Community Centres as was provided in 2018. The total cost to the City for the two agreements for fiscal year 2019 would be $242,990 (inclusive of HST) and the 2019 General Fund Operating Budget, as currently proposed, contains the required level of funding. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Solicitor's office supported development of the attached agreement extensions for Council's consideration. ATTACHMENTS Proposed agreement with YMCA for 2019 - 2020 Millidgeville Community Centre Operations. Proposed agreement with Carleton Community Centre Inc. for 2019 Carleton Community Centre Operations. 011 THIS RENEWAL AGREEMENT made the day of December, 2018. BETWEEN: THE CITY OF SAINT JOHN, having its offices at the City Hall Building at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "City" OF THE FIRST PART -and - YMCA OF GREATER SAINT JOHN INC., a corporation incorporated under the laws of the Province of New Brunswick, having its registered office in Saint John, and Province of New Brunswick, hereinafter called the "YMCA" OF THE SECOND PART WHEREAS: 1. Pursuant to a Common Council resolution adopted on July 15, 2013, the City and the YMCA entered an agreement dated the 26th day of August, 2013, to operate, manage and provide recreational, childcare and community use programs at M. Gerald Teed Memorial School, 99 Daniel Avenue and 151 Black Street, Saint John, New Brunswick (the "Agreement"). 2. The Saint John YM -YWCA Inc. changed its name by Supplementary Letters Patent filed under the New Brunswick Companies Act on December 23, 2013 to YMCA of Greater Saint John Inc. 3. Pursuant to a Common Council resolution adopted on February 16, 2015, the City and the YMCA renewed the said Agreement by Agreement dated February 23, 2015. 4. Pursuant to a Common Council resolution adopted on December 16, 2016, the City and the YMCA again renewed the said Agreement by Agreement dated as of December 17, 2016. 5. Pursuant to a Common Council resolution adopted on December 12, 2017, the City and the YMCA again renewed the said Agreement by Agreement dated as of December 31, 2017. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements herein and subject to the terms and conditions in this Agreement, the parties agree as follows: W (i) That the Agreement between the parties dated the 26th day of August, 2013, as from time to time renewed, shall continue in full force and effect on the same terms and conditions therein set out, except that the fees for the Services for the Contract Year 2019 shall be $52,780.00 (HST included), payable in two (2) installments of $26,390 .00 each, one on January 1, 2019 and the other on July (ii) 1, 2019. The fees for the Services for the Contract Year 2020 shall be $53,572.00 (HST included), payable in two (2) installments of $26,786 .00 each, one on January 1, 2020 and the other on July 1, 2020. For greater certainty, should a Dispute arise over the fee for the Services for the Contract Years 2019 — 2020, the matter shall be referred to Dispute Resolution. (iii) The Agreement shall be for a term of two (2) years from January 1, 2019 to midnight of December 31, 2020; (iv) The Agreement shall remain in full force and effect, except as hereby varied and as to any further right to renew; (v) This Agreement, and the Agreement as previously renewed, together constitute the entire agreement between the parties. (vi) IN WITNESS WHEREOF The City of Saint John has hereto fixed in its corporate seal and caused these presents to be executed by its duly authorized officers in the manner prescribed by the Municipalities Act, R.S.N.B. 1973, c. M-22, and amendments thereto, and the YMCA of Greater Saint John Inc. has caused these presents to be executed by its President and Chief Executive Officer as of the day and year first written above. SIGNED, SEALED & DELIVERED THE CITY OF SAINT JOHN in the presence of: Mayor Common Clerk Common Council Resoluiton: December , 2018 YMCA OF GREATER SAINT JOHN INC. Shilo Boucher, C.A. President and Chief Executive Officer 01.1 PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, SHILO BOUCHER, C.A., of the Town of Grand Bay -Westfield and Province of New Brunswick, MAKE OATH AND SAY: 1. THAT I am the President and Chief Executive Officer ("CEO) of the YMCA of Greater Saint John Inc., and am authorized to make this affidavit and have personal knowledge ofthe matters hereinafterdeposed to. . THAT the seal affixed to the foregoing agreement and purporting to be the corporate seal of YMCA OF GREATER SAINT JOHN INC., is the corporate seal of the said YMCA OF GREATER SAINT JOHN INC., a party named in the foregoing instrument and it was affixed by the officer authorized to so affix the seal. 3. THAT the signature "Shilo Boucher" subscribed to the said instrument is my signature and as President and CEO, I am duly authorized to execute the said instrument. . THAT the said document was executed as aforesaid at the City of Saint John in the Province of New Brunswick on the day of 12018. SWORN TO before me at the City of Saint John, County of Saint John and Province of New Brunswick the day of 2018 Commissioner of Oaths Shilo Boucher, C.A. President and CEO Kul THIS RENEWAL AGREEMENT made the day of December, 2018. BETWEEN: THE CITY OF SAINT JOHN, having its offices at the City Hall Building at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "City" OF THE FIRST PART -and - THE CARLETON COMMUNITY CENTRE, INC, a body corporate under the laws of the Province of New Brunswick hereinafter called the "CCC Inc.", OF THE SECOND PART WHEREAS: 1. Pursuant to a Common Council resolution adopted on November 14 2017 the City and the CCC Inc. entered an agreement dated the 22 day of November, 2017, to operate, manage and provide recreational, and community use programs at Carleton Community Centre, 120 Market Place, Saint John, New Brunswick (the "Agreement"). NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements herein and subject to the terms and conditions in this Agreement, the parties agree as follows: (i) That the Agreement between the parties dated the 22nd day of November, 2017, as from time to time renewed, shall continue in full force and effect on the same terms and conditions therein set out, except that the fees for the Services for the Contract Year 2019 shall be $190,210.00 (HST included), payable in two (2) installments of $95,105.00 each, one on February 1, 2019 and the other on August 1, 2019. (ii) The Agreement shall be for a term of one (1) year from February 1, 2019 to midnight of January 31, 2020; (iii) The Agreement shall remain in full force and effect, except as hereby varied and as to any further right to renew; (iv) This Agreement, and the Agreement as previously entered into, together 011 constitutes the entire agreement between the parties. (v) IN WITNESS WHEREOF The City of Saint John has hereto fixed in its corporate seal and caused these presents to be executed by its duly authorized officers in the manner prescribed by the Municipalities Act, R.S.N.B. 1973, c. M-22, and amendments thereto, and the Carleton Community Centre Inc. has caused these presents to be executed by its President and Chief Executive Officer as of the day and year first written above. SIGNED, SEALED & DELIVERED THE CITY OF SAINT JOHN in the presence of: Mayor Common Clerk Common Council Resolution: December ,2018 Carleton Community Centre, INC. Dennis Sisco Chair, Board of Directors 061 PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, Dennis Sisco of the City of Saint John and Province of New Brunswick, MAKE OATH AND SAY: 1. THAT I am the Chair of the Board of Directors of the Carleton Community Centre Inc., and am authorized to make this affidavit and have personal knowledge ofthe matters here inafterdeposed to. . THAT the Signature "Dennis Sisco" Subscribed to the said instrument is my signature and as Chair of the Board of Directors I am duly authorized to execute the said instrument. 3. THAT the said document was executed as aforesaid at the City of Saint John in the Province of New Brunswick on the day of 12018. SWORN TO before me at the City of Saint John, County of Saint John and Province of New Brunswick the day of 2018 Commissioner of Oaths Dennis Sisco Chair, Board of Directors. Carleton Community Centre Inc. COUNCIL REPORT M&C No. 2018-321 Report Date November 14, 2018 Meeting Date November 19, 2018 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT. AquaHawk Customer Portal Launch — Saint John Water OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Pierre LeBlanc J. Brent McGovern m I Neil Jacobsen RECOMMENDATIONS It is recommended that this report be received and filed. EXECUTIVE SUMMARY The purpose of this report is twofold; first it is to inform Council and the public that the AquaHawk Web Portal will be available to metered customers beginning on the week of November 26, 2018. Secondly, metered (industrial, commercial and institutional) customers will be sent informational materials explaining this service and the registration process associated with the service within their next water bill mail out which is planned to occur on November 22, 2018. PREVIOUS RESOLUTION M&C 2017-183 STRATEGIC ALIGNMENT This report aligns with Council's Priority for Fiscal Responsibility. It also supports Common Council's priority of Valued Service Delivery through innovation and technology and creating operational efficiencies. !II REPORT Saint John Water recently completed the implementation of a fully functional, fixed based, radio frequency meter reading system also known as Advanced Metering Infrastructure (AMI). This system gathers hourly consumption data, which is recorded and stored for a period of two years, from smartpoint radios attached to each individual water meter in the City's water distribution system. The City of Saint John currently owns, and has in service, approximately 3230 meters, 3130 of which are now being read automatically with the AMI system. The remaining meters are still read manually and are scheduled to be fully transitioned and integrated into the AMI system by the end of 2019. The AMI system has succeeded in facilitating and automating the billing process (collection of meter readings and customer billing) for all the City's metered customers and it has also improved the operational efficiency of Saint John Water. However, a few remaining opportunities exist. City staff can access historic (period of 2 years) detailed hourly consumption reports for any metered customer connected to the AMI system. Customers themselves, however, are unable to access/monitor their own consumption. At present, customers who are interested in monitoring their own consumption (particularly commercial/industrial customers) have been doing so via multiple phone calls to City staff and a manual data transfer which does not serve our customers well and consumes a lot of staff time with repetitive administrative tasks. For example, this process requires City staff to: field multiple calls regarding water consumption inquiries, gather the necessary data, and create and send consumption reports to customers. The lack of an effective way for customers to monitor their own consumption is especially troublesome in cases of a water leak. Water leaking on private property can remain undetected until customers receive a high consumption letter from the City. At present this letter is sent to customers as soon as the City notices a rise in consumption, this is typically noticed during the bi-monthly billing process. Customers can therefore experience an unknown ongoing leak for periods up to 2 months which can have a significant financial impact on customers and result in increased water use and therefore costs to the utility — Saint John Water. AquaHawk is a customer portal solution for municipal utilities that use a fully functional, fixed based, radio frequency meter reading system (AMI). This new software solution helps service providers improve customer engagement, improve client satisfaction by opening data and offering a means for customers to monitor and access their water consumption in real time. It also can contribute to the reduction in operational costs for the utility by reducing system leakage. :1 SERVICE OUTCOMES This will provide a service enhancement to metered (industrial, commercial and institutional) customers. With AquaHawk, Saint John Water's metered customers will be able to: • Register and access their online account(s); • View their current and historical water usage in graphical format; • Receive notification via their means of choice (email, text message, cell phone, home or work phone) when potential leaks are detected; • See an estimate of their bill during the billing cycle; • See information that has been pushed out by Saint John Water; and • Set a billing and usage threshold and be notified if they are trending to, or have exceeded their personally set targets. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Saint John Water has been working with the Finance, Information Technology and Communications service areas through the development and implementation of the AquaHawk Web Portal. ATTACHMENTS AquaHawk Informational Bill Insert !193 iII M / lin/l li/. 0 View your water consumption 0 Receive timely water usage alerts 0 Control your water expenses Saint John Water is now offering anon line water usage monitoring and alerting tool to all metered customers. Known as AquaHawk, the online service is designed to help you understand, monitor and manage your daily water usage and bi-monthly billing. To register for the service, visit haps://siwnb.aquahawk.us. All you need to provide is your name, phone number, email address and water account number. Once registered, you will be able to: You specify how you want to be contacted: email, text or telephone. When your consumption indicates abnormally high usage or a potential leak, we'll contact you. AquaHawk helps prevent costly property damage and gives you peace of mind when you're away. anlitor your water consumption See how much water you're using anytime during the billing cycle and make informed decisions about your water use. Set your -threshold alerts Threshold alerts allow you to specify an amount of water (gallons) that you don't want to exceed. If your usage is trending toward, or has exceeded the threshold value, AquaHawk will send you a notification. (Learn gays -to save Easily see the dates/times when you are using water. See how your consumption compares to temperature and rainfall data. Learn effective ways to reduce water usage and save money! Register p To register, visit: httRs-.//jswnb.aquahawk.us �IIVUD Know about leaks before they cause costly damage! IN See exactly how much water you're using each hour, day, and month 111) Set usage thresholds, and never be surprised by a high bill again 111111 Access your account from any internet-connected device - your smartphone, laptop, or desktop computer 1011+ Opt -in services lets you choose how you want to be contacted - email, text or phone "The free use of the Aquahawk service and the information obtained through it are intended solely to provide general information on matters of interest for the personal use of the Saint John Water customer, who accepts full responsibility for its use. While we have made every attempt to ensure the information contained in the Aquahawk site has been obtained from reliable sources, The City of Saint John is not responsible for any errors or omissions, or for the results obtained from the use of or the inability to use this information. All information is provided "as is;'with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this informa- tion, and without warranty of any kind, express or implied, including, but not limited to warranties of performance and fitness for a particular purpose. Nothing obtained through the use of the Aqua hawk service shall to any extent substitute for the independent investigations and the sound judgement of the Saint John Water customer." Abonnez-vous pour recevoir des notifications de fuite et accdder Finformations i i ligne 0 Voir votr consommtion "eau 0 Recevez des alertes sur ti is tion de "eau en temps opportun 0 Contr6lez vos d6penses Weau Saint John Water offre maintenant un outil en ligne de surveillance et d'alerte de la consommation d'eau a tous ses clients. Connu sous le nom d'AcluaHawk, ce service en ligne est con�u pour vous aider a comprendre, surveiller et gerer votre consommation d'eau cluotidienne et votre facturation bimensuelle. Pour vous inscrire au service, visitez hLt s://s'wnb.a uahawk.us. Tout ce clue vous devez fournir est votre nom, votre numero de telephone, votre adresse email et votre numero de compte eau. Une foil inscrit, vous pourrez: Recevoir des alertes d®utilisation erg temps opportun Vous indiquez comment vous souhaitez etre contacte: email, SMS ou telephone. Lorsque votre consommation indique une utilisation anormalement elevee ou une fuite potentielle, nous vous contacterons. AquaHawk aide a prevenir des degats couteux et vous procure une tranquillite lorsque vous etes loin de chez vous. Survelllez votre consommation d`eau Voyez combien d'eau vous utilisez a tout moment pendant le cycle de facturation. Cela permet aux clients de prendre en charge et de faire des decisions informe concernant leur utilisation de Peau. nir les seuils de vos aleres Les alertes de seuil vous permettent de specifier une quantite d'eau (gallons) clue vous ne souhaitez pas depasser. Si votre utilisation tend a depasser la valeur seuil ou la depasse, AquaHawk vous enverra une notification. Apprendre A Economiser Visualisez facilement les dates / heures d'utilisation de Peau. Voyez comment votre consommation se compare aux donnees de temperature et de precipitations. Decouvrez des moyens efficaces pour reduire la consommation d'eau et economiser de I'argent! Pour vous inscrire,visitez: httS://S`wnb.aq.ta lhawk.us ulllllllj Reconnaitre les fuites avant qu'elles ne causent des degats couteux! 11 Voyez exactement combien d'eau vous utilisez chaque heure, jour et mois Us Fixez des seuils d'utilisation et ne soyez plus jamais surpris par une facture elevee 1111111 Accedez a votre compte depuis n'importe quel appareil connecte a Internet - votre smartphone, ordinateur portable ou ordinateur de bureau IN Les services opt -in vous permettent de choisir comment vous souhaitez etre contacte - email, SMS ou telephone L'uti l isation gratuite du service AquaHawk et les renseignements obten us grace a celui-ci visent uniq uement a fournir de l'information d'ordre general sur des sujets qui ont trait a l'uti l isation personnel le du client de Saint John Water qui assume 1'entiere responsabi l ite de cette utilisation. Bien que nous ayons tout mis en oeuvre pour garantir que les renseignements figurant sur Ie site Aqua Hawk ont 6t6obten us de sources fables, laVille de Saint John ne peut etre ten ue responsable de toute erreur ou omission ou des resultats obten us du fait de l'uti l isation ou de l'incapacite d'uti Iiser ces renseignements. Tous les renseignements sontfourn is a tels quels », sans garantie d'exhaustivite, d'exactitude ou de pertinence, sans garantie des resultats tires de l'uti l isation des presents renseignements, et sans garantie de toute sorte, explicite ou implicite, notamment, mais sans s'y limiter les garanties de performance et de conform ite a l'uti l isation prevue. Aucun renseignement obtenu dans Ie cadre de l'uti l isation du service AquaHawk ne doit, dans quelque mesure que ce soit, rem placer les recherches personnel les et Ie bon jugement du client de Saint John Water., 011','.+4, . SAINT JOHN BOARD OF POLICE COMMISSIONERS ONE Peel Plaza, E2L OE1 PO Box 1971 Saint John, New Brunswick Canada E2L 4L1 Bureau des Commissaires du Service de Police de Saint John C.P. 1971 Saint John Nouveau -Brunswick Canada E2L 4L1 BRIAN BOUDREAU Acting Chair/Vice President JEFF MCALOON Vice-Chair/Vice President MIKE COSTELLO Secretary/Secretaire MAYOR DON DARLING Commissioner/Commissaire GARY SULLIVAN Commissioner/Commissaire MAIKE WHITE Commissioner/Commissaire BRUCE CONNELL Chief of Police/ Chef de Police DAPHNE WAYE Executive Administrator/ Secretaire Administrative Telephone/Telephone: (506) 648-3324 E-mail/Courriel: policecommission(o) saintiohn. ca Explore our past/ Explorez notre passe Discover your future/ Decouvrez votre avenir November 7, 2018 Mayor Don Darling, and Members of Common Council Your Worship and Councillors: Re: Saint John Board of Police Commissioners 2018 Executive At the October 2, 2018 and November 6, 2018 meetings of the Saint John Board of Police Commissioners, the following members were elected to serve as the Executive for the remainder of 2018: Acting Chair: Brian Boudreau Vice -Chair: Jeff McAloon Secretary: Michael Costello Pursuant to the By -Laws Respecting the Procedures of the Saint John Board of Police Commissioners, an Executive Committee will be elected at the January 2019 Board meeting. Respectfully submitted, Brian Boudreau, Acting Chair Saint John Board of Police Commissioners BB/dew cc: Saint John Police Association Chief Bruce Connell REPORT TO SAINT JOHN BOARD OF POLICE COMMISSIONERS PUBLIC SESSION November 6, 2018 Mr. Brian Boudreau, Acting Chair and Members of the Board of Police Commission Chair Boudreau and Members Subject: SJPF 2019 Operating Budget • Refer to Appendix A for 2019 Comparative Consolidated Operating Budget BACKGROUND The purpose of this report is to present the Board with the submission of the 2019 Police Operating Budget for review, consideration, and approval. The $25,974,896 represents a 1.1 % increase over 2018 and includes funding for the Chief of Police to introduce key initiatives and transformational change for the organization in 2019. RECOMMENDATION • It is recommended that the Saint John Board of Police Commissioners approve the SJPF 2019 Operating Budget for $25,974,896 and submit to the City of Saint John Finance Committee for consideration and subsequent approval by Common Council, Acting Chair Boudreau and Members of the Board of Police Commission November 6, 2018 Page 2 Subject: SJPF 2019 Operating Budget Respectfully submitted, 'tl Marve E. Corscadden, CP DIRECTOR HR & FINANCE Br a Connel CHIEF OF POLICE Respectfully submitted, !E:3 Page 2 Acting Chair Boudreau and Members of the Board of Police Commission November 6, 2018 Page 3 Subject: SJPF 2019 Operating Budget APPENDIX A Salaries & Wages % 64590/6 16,677,019 % 83,025 PM OAArre of 236% 607,000 of Nd chmw 2098 M401 2M9 &sit 0 0.00% Salaries & Wages 16,593,904 64590/6 16,677,019 64.20/6 83,025 0.50% OAArre 607,000 236% 607,000 23°/a 0 0.00P/0 C w Piersonrd Costs 188,600 0.73% 188,600 0.7% 0 0.00% Fir a Benefits 4,729,031 18.38% 4,777,786 18.4% 56,755 1.20% TdWVftn&FHngeBendft 22,110,625 866070/6 2Z25Q,405 85.70/6 139,780 a63o/a 438,000 1.70% 468,741 1.8% 30,741 7.02% 51,000 0.209/6 50,000 0.2% -1,000 -1.96% 309,000 1.209/6 349,000 1.3% 40,000 1294% 91,200 0.36% 91,200 0.4% 0 0.00% 115,000 0.45% 210,000 0.8% 95,000 82.61% 1,078,168 4.20% 1,078,168 4.2% 0 0.00% 323,200 1.26% 323,200 1.2% 0 0.00% 5,100 0.02% 5,100 0.0% 0 0.00% 766,000 298% 807,082 3.1% 41,082 5.36% 402,000 1.56% 342,000 1.3% -0,000 -14.93% A5 -18y668 13693% Z7K491 14,30/6 145,823 4►07o/a 25,689,2903 100.00% 25,974y896 Mr/o 285,6003 1.11% !Loll Page 3 9.6 REPORT TO SAINT JOHN BOARD OF POLICE COMMISSIONERS PUBLIC SESSION November 6, 2018 Mr. Brian Boudreau, Acting Chair and Members of the Board of Police Commission Chair Boudreau and Members Subject: P.S.C.0 2019 Operating Budget Refer to Appendix A for 2019 Comparative Consolidated Operating Budget BACKGROUND The purpose of this report is to present the Board with the submission of the 2019 Public Safety Communications Centre (P.S.C.C.) Operating Budget for review, consideration, and approval. The $2,488,542 represents a 2.53% increase over 2018 and includes funding for a Local 486 contractual wage increase of 2.25% for 2019. RECOMMENDATION • It is recommended that the Saint John Board of Police Commissioners approve the PSCC 2019 Operating Budget for $2,488,542 and submit to the City of Saint John Finance Committee for consideration and subsequent approval by Common Council, Acting Chair Boudreau and Members of the Board of Police Commission November 6, 2018 Page 2 Subject: SJPF 2019 Operating Budget Respectfully submitted, Marven E. Corscadden, CPA, DIRECTOR HR & FINANCE rkl)i Bc a onn CHIEF OF POLICE Respectfully submitted, 51 Page 2 Acting Chair Boudreau and Members of the Board of Police Commission November 6, 2018 Page 3 Subject: SJPF 2019 Operating Budget APPENDIX A Public Safety Communication Centre (PSCC) 2019 operating Budget Salaries & Wages Overtime Fringe Benefits Total Wages & Fringe Benefits General Services Purchased Services Repairs & Maintenance Purchased Goods Computers Asset Purchases Total Goods & Services 1,688,418 1,711,290 22,872 Net 120,000 120,000 Net Change 2018 2019 Change % 1,688,418 1,711,290 22,872 1.4% 120,000 120,000 0 0.0% 415,461 417,923 2,462 0.6% 2,223,879 2,249,213 25,334 1.1% 87,200 116,397 29,197 33.5% 10,000 10,000 - 0.0% 66,000 66,000 - 0.0% 18,000 18,000 - 0.0% 19,000 25,932 6,932 36.5% 3,000 3,000 - 0.0% 203,200 239,329 36,129 17.8% 2,427,079 2,488,542 61,463 2.53% 61► Page 3 1 41 COUNCIL REPORT M&C No. 2018-322 Report Date November 14, 2018 Meeting Date November 19, 2018 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: T4G Snow Control Management Analytics OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Tom McGrath Michael Hugenholtz m I Neil Jacobson RECOMMENDATION It is recommended that Common Council agree to this partnership with Enterprise Saint John and T4G and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The Transportation and Environment Services Department (TES) is requesting Council's approval to partner with T4G Limited in an effort to produce a predictive modelling tool for our winter plowing operation. This tool is intended to aid TES Management with optimizing equipment work time, predicting equipment downtime and Snow Plow route optimization. PREVIOUS RESOLUTION N/A REPORT The City of Saint John entered into the Smart & Connected Cities Challenge and was awarded a grant of $25,000 from Enterprise Saint John (ESJ). T4G Limited has partnered with ESJ and approached the City of Saint John to assist in maximizing winter equipment utilization through data analytics. Their goal is to utilize information related to vehicle salt levels, snow plow cutting edge condition, expected vehicle performance, potential obstructions to route completion and existing route priorities. This information is expected to aid in optimizing productive vehicle time. 6V -2- T4G intends to utilize both past and future data collected via the existing automated vehicle location (AVL) system that is currently installed in the City's snow plows and salter units. T4G proposes to address equipment productivity issues related to salt levels, cutting edge states, predicted breakdowns and route coverage. They will also analyze route planning data and historical management records related to past storm events. Through consultation with City Staff, T4G aims to determine appropriate influence points and choose one to be the basis for exploratory modeling. This information can then be utilized in real-time and used to redirect equipment to optimize service for City roads and Citizens. This project will focus on downtime causation and build a modelling tool around one such factor, based on a collaborated decision on priority. T4G will then present their findings and demonstrate a modeling tool that will assist City Staff in dealing with real time issues currently affecting snow control functions, as it pertains to those issues previously presented. This modelling tool may then be chosen for full implementation. STRATEGIC ALIGNMENT This report aligns with Council's priority for Valued Service Delivery. SERVICE AND FINANCIAL OUTCOMES This endeavor is funded via a partnership agreement between T4G, Microsoft, and Enterprise Saint John (ESJ). The multiple joint -partner funding investment model is as follows: T4G Limited $15,000 Microsoft $10,000 Enterprise Saint John $25,000 This agreement will require the City of Saint John to pay T4G $33,350 as the project progresses. Subsequently, ESJ will reimburse the City of Saint John 75%. The remaining 25% will be reimbursed to the City by T4G once appropriate project sign offs have been met. This will result in a net $0 investment by the City of Saint John. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS This report was reviewed and consulted with IT and Procurement. The City Solicitor's Office has reviewed the proposed agreement and provided advice thereon and which advice has been incorporated into this report 6'i! -3 - ATTACHMENTS T4G Proposal: "Snow Vehicles Proof of Value" 6191 B,uild Brilliani i& ubli M A POP low", M A POP This document is the intellectual, proprietary and confidential property of T4G. By accepting possession of this the proposal except to City of Saint John employees, officers and agents engaged in evaluating the efforts of T4G. The receiver of this document will take all reasonable steps to preserve the confidentiality of its content. r.Ila Ir-WRI 9 V4 114LTJ WITZ63 M LA LWX$1 M commitment on the part of T4G beyond 10 days after the date of publication and T4G cannot guarantee the accuracy of any information presented after the date of publication. This document is for informational purposes only 111 TA ISDOON ITI E FIT. 61YA respective owners. Table of Contents The Challenge 2 Work Approach and Deliverables ............................................................................................. 4 TheData ..................................................................................................................................................... 4 The Influence Point Success Criteria .......................................................................................................... 5 Deliverables................................................................................................................................................ 5 ProjectTeam and Roles ............................................................................................................ 6 ProposedTimeline .................................................................................................................... 6 Work Effort and Payment Schedule ......................................................................................... 7 MidngNoteo-----------------------------------------------. 7 PaymentSchedule ..................................................................................................................................... 7 Assumptions and Constraints ................................................................................................... 8 FuturePhases ............................................................................................................................ 8 SignOff Information .................................................................................................................. 9 AppendixA-Terms and Conditions ....................................................................................... 1O 1. Payments ......................................................................................................................................... 10 2. Warranty ......................................................................................................................................... 10 3. Limitation cfLiability ....................................................................................................................... 10 4. Rights inPrograms and Data ........................................................................................................... 11 5. Currency .......................................................................................................................................... 11 G. Governing Law ................................................................................................................................. 11 7. Confidentiality Obligations cfT4G and City cf Saint John .............................................................. 11 &L Media Releases ............................................................................................................................... I2 B. Non -Solicitation ............................................................................................................................... 13 The Challenge ll aliil'Tli EIj` r"C)CJUC'dVE� Ed'fldk'i rrlE: g'i &11 a, ak IE: VEdS, ClAtilIg E�C'Jg : stat :',, E�X p1`)E�UEd E - li dkIlwu i�,... � i�,..i�,° it° �, : C) IS stru_ucti c in a, and ir c) uj(:�I["n"i c'n..li li E, . The City of Saint John invested in autonomous vehicle location (AVL) sensor arrays, installed on their fleet of snow plows and salter vehicles. A subset of these vehicles were collecting data during the 2017-2018 winter season, with the remainder ready to collect data over the 2018-2019 winter season. At a high level, optimizing productive vehicle time is a critical consideration for the city, with the dual goals of serving the city's snow clearing commitments as quickly and thoroughly as possible while streamlining costs. One notable opportunity in the current snow clearing process occurs when plows are unable to continue a route due to either being out of salt or the cutting edge of their blade being too dull. Both require a return trip to a depot for refill or replacement, and depending on route and timing, can mean substantial non- productive time. Another opportunity to optimize the process occurs when vehicles are unexpectedly broken down and require repair or are non -operational entirely. Work Approach and Deliverables We propose to address this challenge by engaging our team to explore the AVL and route planning data to address two potential influence points identified in the Discovery Workshop with the City of Saint John and Enterprise Saint John teams in July, 2018. Two of those influence points involve determining if we can predict salt levels or cutting edge state with enough lead time to influence the route in progress. Another involves predicting vehicle breakdown with enough lead time to redirect other plows to optimize route coverage. The output of this engagement will be exploratory models, analysis, and an assessment for two of the influence points chosen: the salt levels predictions or the cutting edge state predictions impact on route in progress or the vehicle breakdown impact on other vehicle's priority routes. The intention is that with this impact assessment in place, the City of Saint John will be able to set criteria for real-world experiments to validate the improvement in productive time, providing proper business case data for an integrated artificial intelligence or machine learning pilot and eventual full deployment. In addition to the AVL historical data collected over the 2017-2018 winter season by the subset of vehicles fitted with sensor arrays, we will be analyzing route planning data and any historical management records created during snow events. T4G I ' afl n¢: w Vei li¢:birn ),O 4 of 23 59 The three main influence points we are able to consider through this engagement are maximizing productive time through: identifying low salt level early enough to adjust the route, identifying cutting edge dulling early enough to adjust the route, or predicting vehicle failure with enough lead time to adapt other vehicle's routes. The City of Saint John intuits that 10 minutes in advance of no salt or cutting edge replacement will be enough time to adjust the route in progress to maximize productive driving time. We extend that intuition to be true for adjusting other vehicles mid -route to cover unexpected gaps in route coverage. Our first task in this engagement is to verify this intuition, using the city's route prioritization plan and the AVL data to understand typical driving times for the routes. With this lead time requirement set, success criteria for the low salt prediction can be defined. We anticipate using the brine levels (currently measured in the truck) as a proxy marker for salt levels and verifying this proxy will work within a defined margin of error will be our first goal. With that proxy verified, the prediction of no salt will be made with a strong bias toward predicting running out of salt earlier rather than later. Additionally, a precision on the prediction (the 'plus or minus') will be determined and added to any error given by the proxy. Success criteria for cutting edge replacement will be determined with a focus on precision. Implementing a solution around cutting edge replacement will require route optimization between two vehicles and will be a critical next step in the following validation pilot. Multiple vehicles are also impacted in any solution for adjusting routes for a vehicle breakdown, so success criteria will also be focused on precision of the prediction of failure. Implementation solutions will need to access multiple vehicle's routes in progress to able to optimize for appropriate coverage. M Exploratory IModelling The priority of the project team will be to work with the City of Saint John SME's to determine priority of the influence points, and to select one for investigation in the exploratory modelling phase. • Deliverables: Analysis to determine feasibility; Project team and City of Saint John SME Workshop to determine priority Once an influence point is selected, the priority of the data science team will be to define accuracy measures to create a deeper understanding of the criteria for success. Subsequently, the team has two objectives: to explore and analyze the historical data, and assess their utility in the model prediction service, and to create exploratory models given the determined success criteria. • Deliverables: Exploratory analysis and initial exploratory model 60 Project Team and Roles Jeff Hussey CSJ Project Sponsor Executive Sponsor Danielle Leighton T4G Sponsor Executive Sponsor Jim Lafferty T4G Project Manager Project delivery, management of scope, timeline and budget Bill Neal CSJ Data Analyst Subject matter expertise; data steward TBD T4G Data Science Team Responsible for selection workshop, success criteria, exploratory modelling and demonstrations TBD ESJ Data Engineer Ingest of data into ESJ Azure data lake Proposed Timeline T4G is positioned to begin this engagement on October 26, 2018. The following chart indicates the relative milestones of activities and an approximate level of effort required: Selection Workshop 1 week from start Success Criteria Definition 2 weeks from start Exploratory Modelling 3 weeks from start Final Demonstration 6 weeks from start 61 Work Effort and Payment Schedule Selection & Success Criteria Definition $15,000 Exploratory Modelling $25,000 Test/Demonstrations $10,000 Total $50,000 T4G Limited $15,000 M icrosoft $10,000 ESJ $25,000 Total $50,000 62 Second Demonstration (Exploratory modelling) Final Demonstration December 7, 2018 20% December 21, 2018 40% Total 100% Assumptions and Constraints • No streaming data pipelines from vehicle location data or weather updates • Vehicle location data and status (plow and salt/sander status) access will be provided • Initial pilot will be street vehicles only, no sidewalk vehicles and no ministry of transport highway vehicles • Saint John Street Plow Routes data exists in a geo format today • No production environment is assumed, and exploratory models are not production ready • The City of Saint John will sign off on Microsoft POE (Proof of Execution) at the end of this project in order to release the $10,000 contribution from Microsoft Future Phases Should the exploratory model support the success criteria determined, the next phase is to design a pilot, with appropriate implementation and validation (testing) cycles. If the influence point selected does not have a modelling option that meets the defined success criteria, the next phase will be an exploratory phase for the next influence point in the backlog. 63 Sign Off Information By signing below, the City of Saint John and T4G agree to abide by the Terms and Conditions in Appendix A. City Of Saint John Signature: Printed Name: Title: Date: Signature: Printed Name: Title: Date: 64 T4G Limited Appendix A - Terms and Conditions a) After commencing work on the SOW T4G will invoice City of Saint John twice per month for services rendered and reasonable out of pocket expenses. The invoices will cover the periods from the 1St to the 1511 of the month, and from the 16t1 to the end of the month. T4G shall provide monthly progress reports to City of Saint John indicating the progress of the SOW and a description of the work remaining to be completed. b) For Time and Material projects, each invoice shall indicate the name(s) of the personnel and/or associates involved the number of hours worked by each, and any disbursements reasonably incurred and properly documented. In respect of any disbursements exceeding $250, City of Saint John reserves the right to require that a copy of the invoice substantiating the disbursement be attached to T4G's invoice. c) All invoiced amounts shall be due upon receipt of invoice. Overdue amounts shall be subject to interest at the rate of 1.5% per month or 18% per annum. d) Fees stated in the SOW may not include goods and services tax, duties or other similar taxes. If T4G is required to pay any such taxes (other than income taxes) based on services provided in the SOW, such taxes will be billed to City of Saint John and City of Saint John agrees to pay such additional amounts. 2. Warranty a) T4G warrants that the services performed under this SOW will be performed using reasonable skill and care. b) THE WARRANTY ABOVE IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR PRODUCTS PROVIDED UNDER THIS SOW, THE PERFORMANCE OF MATERIALS OR PROCESSES DEVELOPED OR PROVIDED UNDERTHIS SOW OR ASTO THE RESULTS WHICH MAY BE OBTAINED THEREFROM INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 3. Limitation of Liability a) In no event shall T4G's liability to City of Saint John in connection with this SOW or with respect to the services or materials provided pursuant to such SOW exceed the amount actually paid by the City of Saint John to T4G for this specific SOW. b) IN NO EVENT SHALL T4G BE LIABLE TO City of Saint John FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR ECONOMIC DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS AND ANTICIPATED SAVINGS OR OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND WHATSOEVER), REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF T4G I ' afl n¢: w Vei li¢:birn ),O 2.0 of 2.3 65 CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 4. Rights in Programs and Data a) Any copyright and any other intellectual property (including moral rights) in any computer program, code or any materials owned by T4G or its affiliates independently of this Statement of Work ("SOW") which may be provided to City of Saint John pursuant to this SOW ("74G Pre - Existing Works"), any enhancement, modification, adaptation or improvement to any T4G Pre - Existing Works provided to City of Saint John pursuant to this SOW ("74G Pre -Existing Work Enhancements"), and/or any computer program, code or any materials that are developed in the performance of this SOW but which are not part of the Deliverables ("74G Works") shall remain the sole property of T4G and its affiliates. T4G hereby grants City of Saint John a non-exclusive, perpetual, royalty free right to use, reproduce, modify and distribute any T4G Pre -Existing Works, T4G Pre -Existing Work Enhancements and T4G Works owned by T4G and, unless notified otherwise, owned by its affiliates. b) Any copyright and any other intellectual property (including moral rights) in any computer program, code or materials other than T4G Pre -Existing Works, T4G Pre -Existing Work Enhancements and T4G Works which are developed by T4G at the specific direction of City of Saint John and provided to City of Saint John in the course of T4G's performance of this SOW ("Specific Works") shall be jointly owned by the City of Saint John and T4G (or T4G's assignee). Each party hereby grants the other party a non-exclusive, perpetual, royalty free right to use, reproduce, modify, resell and distribute any Specific Works. c) Any and all publications by City of Saint John of any T4G Pre -Existing Works, T4G Pre -Existing Work Enhancements, T4G Works and Specific Works must contain the applicable copyright notice, as specified by T4G or its assignee. Unless specifically indicated otherwise, all references to monetary amounts in this SOW are in USD. This SOW will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. 7. Confidentiality Obligations of T4G and City of Saint John a) Maintaining Confidential Information. Each of T4G and City of Saint John (which for purposes of this Section shall include their respective officers, directors, employees and agents) understands and agrees that during the course of the SOW, it may obtain confidential T4G I ' afl n¢: w Vei li¢:birn ),O 2.2. of 2.3 66 information of the other party and its affiliates including, without limitation, information relating to computer programs, designs, processes, methods, data, developmental or experimental work, whether of a commercial or technical nature, employee work history, products, trade secrets or techniques, customer and supplier lists, pricing, costing, advertising, marketing and any other information relating to the business and affairs of the other party and its affiliates ("Confidential Information"). Each party acknowledges the valuable nature of Confidential Information of the other party and covenants and agrees to hold and maintain in strict confidence, and protect such Confidential Information against the direct or indirect unauthorized disclosure to any other firm, person or corporation and agrees that it shall not use, disclose, reproduce or dispose of Confidential Information of the other party for its own benefit or for the benefit of any other firm, person or corporation. Without limiting a party's rights with respect to any directors, officers, employees or agents of the other party, each party shall be responsible for any breach of this Section 7 by any such person. b) Non -confidential Information. The confidentiality obligations of either party with respect to the Confidential Information set forth in Section 7a) above shall not apply to any Specific Confidential Information received from the other party which: (i) is or becomes publicly known or within the public domain other than through a breach by the receiving party; (ii) was known to the receiving party prior to its receipt thereof from the disclosing party; (iii) was rightfully received or obtained by the receiving party from a third party without an obligation of confidence to the disclosing party; (iv) was disclosed without similar restrictions to a third party by the disclosing party; (v) was approved for release by written authorization of the disclosing party; or (vi) is required to be disclosed pursuant to a governmental agency or law so long as the receiving party provides the disclosing party with reasonable notice of such requirement prior to any such disclosure. c) Remedies. Each party recognizes that if it improperly uses or discloses the Confidential Information of the other party, such party may suffer significant irreparable injury, inadequately compensable in damages and that, accordingly, such party shall be entitled to an injunction restraining any breach of the undertakings described in Section (a) above in addition to any other remedies provided by law. d) Survival. It is expressly agreed by each of T4G and City of Saint John that their respective obligations set out in Section 7 a) shall survive the performance of any SOW, or any termination, discharge or cancellation thereof. Each party agrees that it shall not, without the prior written consent of the other party, announce, market, advertise or promote, discuss or reveal any aspect of this SOW to any person. As an exception to the above, the City of Saint John acknowledges and agrees that T4G is authorized to: T4G I ' afl n¢: w Vei li¢:birn ),O 2.2 of 2.3 67 a) Represent City of Saint John 's name and corporate logo in printed format as part of T4G's customer list. b) Develop a case study and/or customer success story featuring the activities between City of Saint John and T4G. c) Promote City of Saint John 's use of T4G's services on the web sites of T4G and its affiliated companies. During the term of this SOW and for a period of one (1) year following the date of early termination or expiration of this SOW, neither T4G nor City of Saint John shall directly solicit for employment any contractor or employee of the other who is directly or indirectly involved in the performance of this SOW. For greater certainty, a general advertisement for a position will not be deemed solicitation. T4G I ' afl n¢: w Vei li¢:birn ),O 2.3 of 2.3 68 Canada Games Centre Aquatique Aquatic Centre Jeux du Canada November 15, 2018 His Worship Mayor Don Darling and Council City of Saint John P.O. Box 1971 Saint John, New Brunswick E2L 4L1 Your Worship and Councillors: On behalf of the Saint John Aquatic Center Commission, I want to thank the City of Saint John for their supplemental funding for the 2018 fiscal year. We appreciate the continued support that allows us to provide quality aquatic and fitness services to the residents of Greater Saint John. We are committed to improving our operations to ensure the continued viability of our facility. This includes reducing our annual deficit and taking steps to identify efficiencies and improved service. To this end, we are in the process of implementing a formal continuous improvement program and we want to thank the City for its assistance in conducting a review of our finances and procedures in an effort to better our operations. We also want to thank you for making seats available to two of our managers on your recent Lean Six Sigma yellow belt training. We welcome any input that you may have, particularly if it will help improve our operations and our service to our patrons. Thank you for your continued support of our facility. Sincerely, Mike Hu enholtz Chair Saint John Aquatic Center Commission 50 rue Union Street, Sgt John, NB E2L 1A1 1 41 COUNCIL REPORT M&C No. 2018-324 Report Date November 15, 2018 Meeting Date November 19, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Carleton Community Center Improvements Small Communities Fund (SCF) Contribution Agreement OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Samir Yammine Kevin Fudge m I Neil Jacobsen RECOMMENDATION It is recommended that the City enter into the Contribution Agreement under the Small Communities Fund (SCF) for Carleton Community Center Improvements in the form and upon the terms and conditions as attached; and that the Mayor and Common Clerk be authorized to execute the said Agreement EXECUTIVE SUMMARY The purpose of this report is to seek Common Council's approval to execute the Funding Agreement under the Small Communities Fund (SCF) for the Carleton Community Center Improvements. PREVIOUS RESOLUTION NA REPORT Staff have been previously authorized by Council to proceed with the funding application for the Carleton Community Center Improvements The City received a notification from the Province of New Brunswick that the application was successful and the City of Saint John has been approved for a grant in the amount of $284,352 toward Carleton Community Center Improvements. Me] -2 - The SCF funding will be used toward the cost of the following activities and scope of work: • Install new energy efficiency exterior windows • Install High Energy Efficiency Heating and Ventilation system including smart control system • Replace the existing lighting with a high energy efficiency lighting system The benefits of the project are as follow: • Reduce GHG emissions by 22 Tonnes of CO2 • Reduce Infrastructure deficit by approximately $400,000 • Reduce Annual Energy Cost by approximately $22,000 • Improve customer service and reliability of asset performance thus minimizing risks associated with assets failure • Defer Approved Capital cost to other capital projects. The SCF funding has provided opportunity to reduce or defer over $190,000 in approved capital fund • Showcase the City Market as an example of environmental and economic sustainability STRATEGIC ALIGNMENT The proposed Project is aligned with the following City plans, policies, Council Priorities, programs and practices: 1- Municipal Energy Efficiency Program (MEEP) and the Climate Change and Community Energy Plan objective to reduce GHG emissions. 2- City of Saint John Asset Management Policy objectives to apply risk-based decision and life -cycle costing principles to prioritize capital investment, identify alternative measures, facilitate the leveraging of infrastructure funding from external sources, take into consideration climate change impact, and improve the reliability of customer service. 3 -Plan SJ to reduce the City's ecological footprint and strives toward greater long term environmental sustainability for future generations and conserve energy and reduces energy use through sustainable Building design, alternative energy systems and reduced auto dependence 4- Council Priorities to be financially responsible by leveraging opportunities to generate alternative funding sources as well as Invest in, arts, culture and recreation experience s that create a sense a community pride 71 -3 - SERVICE AND FINANCIAL OUTCOMES The City of Saint John will receive a total grant up in the amount of $284,352 toward the proposed initiative. The proposed improvements capital cost have been approved under the 2017 Capital Budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City of Saint John Finance and Administrative Services Department have reviewed the attached Agreement and are satisfied with the recommendation as they pertain to their respective areas of services ATTACHMENTS Small Communities Fund Contribution Agreement J i uveaut SMALL COMMUNITIES FUND CONTRIBUTION AGREEMENT This Agreement is made as of the date of last signature. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NEW BRUNSWICK, as represented by the Minister of Environment and Local Government, and, REGIONAL DEVELOPMENT CORPO RATIO N/SOCIETE DE DEVELOPPEMENT REGIONAL ("New Brunswick") AND: THE CITY OF SAINT JOHN in the Province of New Brunswick ("Recipient") WHEREAS CANADA AND NEW BRUNSWICK entered into a funding agreement, the Canada — New Brunswick New Building Canada Fund Small Communities Fund Funding Agreement 2014-15 to 2023-24, effective December 3, 2014 as amended by Amendment No. 1 dated August 18, 2016 (SCF Funding Agreement), to establish the terms and conditions whereby Canada will provide funding to New Brunswick for Projects; AND WHEREAS the New Building Canada Fund provides funds over ten (10) years towards the Small Communities Fund (SCF) for projects in smaller communities that address local priorities while contributing to national or regional objectives, and support economic growth, a clean environment and stronger communities; AND WHEREAS Canada agrees to provide a maximum funding for a Project, from all federal sources, not exceeding one-third (1/3) of the total Eligible Expenditures for that Project, and New Brunswick agrees to provide funding for the Eligible Expenditures of a Project in an amount at least equal to Canada's funding of Eligible Expenditures for that Project; AND WHEREAS New Brunswick agrees to enter into Agreements with Recipients for funding, namely the present Small Communities Fund Contribution Agreement (Agreement); AND WHEREAS this Agreement is made pursuant to the Canada - New Brunswick New Building Canada Fund Small Communities Fund Funding Agreement 2014-15 to 2023-24 as amended by Amendment No. 1 (SCF Funding Agreement) and therefore all relevant provisions of that SCF Funding Agreement shall apply; NOW THEREFORE, in accordance with the mutual covenants and agreements herein, the parties agree as follows: Page 1 of 24 rig] 1. PURPOSE The purpose of this Agreement is to establish the terms and conditions whereby New Brunswick will provide funding to the Recipient for the Project described in Schedule A. 2. ANNEXES AND SCHEDULES The following schedules are attached to, and form part of this Agreement: Schedule A — Project Description Schedule B — Eligible and Ineligible Expenditures Schedule C — Detailed Claim Form Schedule D — Progress Report Form Schedule E —Completion Documents - E.1 Declaration of Substantial Completion - E.2 Project Completion Form Schedule F — Communications Guideline 3. INTERPRETATION 3.1 DEFINITIONS In addition to the terms and conditions defined in the recitals and elsewhere in this Agreement, a capitalized term has the meaning given to it in this Section. "Agreement" means this Small Communities Fund Contribution Agreement and all schedules, as may be amended from time to time. "Agreement End Date" means the date at which the final payment is made to the Recipient which will, in any case, be no later than June 30, 2023. "Asset" means any real or personal property or immovable or movable asset, acquired, constructed, rehabilitated or improved, in whole or in part, with funds provided by New Brunswick under the terms and conditions of this Agreement. "Canada" means the Government of Canada, as represented by the President of the Queen's Privy Council for Canada, Minister of Infrastructure, Communities and Intergovernmental Affairs. "Community" means an entity of the Local Government pursuant to applicable provincial legislation. That is, having the status of a Local Government pursuant to provincial legislation in New Brunswick. "Effective Date" means the date of last signature of this Agreement. "Eligible Expenditures" means those costs incurred and paid that are eligible for reimbursement by New Brunswick, with funds from New Brunswick and Canada, as set out in Schedule B that have been approved as part of a Project approval. Page 2 of 24 W11 "Fiscal Year" means the period beginning April 1 of a year and ending March 31 of the following year. "Local Government" or "Local Governments" means one or more municipality, rural community, regional municipality and any other public authority responsible for delivering local services in New Brunswick, if that authority has been given the said responsibility by statute. "Oversight Committee" means the committee established under the SCF Funding Agreement consisting of representatives from Canada and New Brunswick. "Project" or "Projects" means the project approved by New Brunswick under the SCF Funding Agreement as described in Schedule A. "Project Completion" means when a Project can be used for the purpose for which it was intended as declared in the Declaration of Substantial Completion as set out in Schedule E. "Project Completion Date" means the date as shown on the executed Declaration of Substantial Completion as set out in Schedule E. "SCF Funding Agreement" means the Canada — New Brunswick New Building Canada Fund Small Communities Fund Funding Agreement 2014-2015 to 2023-2024 as amended by Amendment No. 1 which sets out the roles and responsibilities of Canada and New Brunswick for the delivery of the program, including attached Schedules. "SCF Funding Agreement End Date" means March 31, 2024. 3.2 ENTIRE AGREEMENT This Agreement comprises the entire agreement between the parties. No prior document, negotiation, provision, undertaking or agreement in relation to the subject of the Agreement has legal effect, unless incorporated by reference into this Agreement. No representation or warranty express, implied or otherwise, is made by New Brunswick to the Recipient except as expressly set out in this Agreement. 3.3 DURATION OF AGREEMENT This Agreement will be effective as of the Effective Date and will terminate on the Agreement End Date. 4. OBLIGATIONS OF THE PARTIES 4.1 COMMITMENTS BY NEW BRUNSWICK a) New Brunswick agrees to provide funding from Canada and New Brunswick to the Recipient in a total amount not to exceed two-thirds (2/3) of the Eligible Project Expenditures of the Project as set out in paragraph b) and in accordance with Schedule A. Page 3 of 24 01 b) The maximum federal funding for a Project, from all federal sources, will not exceed one-third (1/3) of the total Eligible Expenditures for that Project. The maximum provincial funding for a Project, from all provincial sources, will not exceed one-third (1/3) of the total Eligible Expenditures for that Project. c) Subject to paragraph 4.2 c) the parties agree that New Brunswick's role is limited to providing funding to Projects and that New Brunswick and Canada will have no involvement in the implementation of any Project or its operation. New Brunswick and Canada are neither a decision -maker nor an administrator of the Project. 4.2 COMMITMENTS BYTHE RECIPIENT a) The Recipient agrees to complete the Project, claim only for Eligible Expenditures in a diligent and timely manner, and is responsible for any unapproved expenditures and cost overruns. b) The Recipient will be responsible for the costs of producing and installing federal and provincial program signs. Signage costs are an Eligible Expenditure. c) If the Project is not completed or is cancelled, the Recipient agrees to return any previous payments to New Brunswick within thirty (30) days of written notification to that effect. d) The Recipient shall allow any authorized representative of New Brunswick or Canada reasonable access to the project site to assess the Project's progress, to review all records and accounts maintained and to carry out the evaluation process required for the implementation of the SCF Funding Agreement. The Recipient shall provide all records and accounts as requested by New Brunswick. e) The Recipient agrees to bear all operating expenditures of the Project. 4.3 APPROPRIATIONS Notwithstanding New Brunswick's obligation to make any payment under this Agreement, this obligation does not arise if, at the time when a payment under this Agreement becomes due, the Legislature of New Brunswick or the Parliament of Canada has not passed an appropriation that is sufficient and constitutes lawful authority for making the payment. New Brunswick and Canada may reduce or terminate any payment under this Agreement in response to the reduction of appropriations or departmental funding levels in respect of transfer payments, the program under which this Agreement was made or otherwise, as evidenced by any appropriation act of the federal or provincial Crown's main or supplementary estimates expenditures. New Brunswick and Canada will not be liable for any direct, indirect, consequential, exemplary or punitive damages, regardless of the form of action, whether in contract, tort or otherwise, arising from any such reduction or termination of funding. Page 4 of 24 WQ S. PROJECT IMPLEMENTATION 5.1 The Recipient shall not change the project scope, timing or location without the prior written approval of New Brunswick. The Recipient will promptly inform New Brunswick should the project be cancelled. 5.2 For the duration of the Project, the Recipient will provide New Brunswick with progress report forms as set out in Schedule D, updated every June 15 and November 15. 5.3 The Recipient will be responsible for arranging the engineering design, calling of public tenders and awarding of the contract to the successful bidder, and overall management of the contract. The Recipient will award and manage all contracts in accordance with their relevant policies and procedures and, if applicable, in accordance with the Agreement on Internal Trade and applicable international and interprovincial trade agreements, and all other applicable laws, including the Procurement Act, SNB 2012, c.20. 5.4 The Recipient agrees to ensure that the Project work shall be carried out in accordance with all federal, provincial, or municipal (local government) rules, regulations and laws governing such works and in accordance with the best general practices then current at the time of construction of the project. 5.5 The Recipient consents to the participation of New Brunswick or its representative at all public tender openings. 5.6 New Brunswick reserves the right to request additional information for review and approval purposes, including assessment of risks, or to make a determination as per Sections 7 (Environmental Assessment and Licensing) and 8 (Aboriginal Consultation). 5.7 Repair, restoration or replacement of property that was required to be removed, altered, damaged or destroyed in the course of carrying out the Project will be performed to bring the property to its pre-existing condition, meaning the same condition that the property was in at the time of the removal, alteration, damage, or destruction. Except as may be required by law, the work and materials required to bring the property to its pre-existing condition shall not exceed the quality or quantity as originally existed. Eligible Expenditures will not include any expenditures for enhancements or improvements. 6. DISPOSAL OF ASSETS 6.1 Unless otherwise agreed to by New Brunswick, the Recipient agrees to retain title to and ownership of an Asset for five (5) years after the Project Completion Date. 6.2 If at any time within five (5) years from the Project Completion Date of a Project, the Recipient sells, leases, or otherwise disposes of, directly or indirectly, any Asset purchased, acquired, constructed, rehabilitated or renovated, in whole or in part, under this Agreement, other than to Canada, New Brunswick, a Local Government, or with New Page 5 of 24 No Brunswick's written consent, the Recipient may be required to reimburse New Brunswick any funds received from New Brunswick and Canada for the Project. 7. ENVIRONMENTAL ASSESSMENT AND LICENSING 7.1 The Project may be subject to, among others, New Brunswick Regulation 87-83 Environmental Impact Assessment Regulation — Clean Environment Act. That Regulation contains a list of undertakings found in Schedule A of the Regulation, which are required to be registered and screened to determine whether a full Environmental Impact Assessment is warranted. If the project requires registration, a determination on the project must be obtained from the Minister of Environment and Local Government prior to any site work on the Project beginning. 7.2 The Project may also be subject to, among others, Canadian Environmental Assessment Act (2012). This Act contains a list of physical activities found in Regulations Designating Physical Activities of the Act, which are required to be a designated project for an environmental assessment. If the Project is a designated project under the Canadian Environmental Assessment Act (2012), a decision statement must be obtained prior to any site work on the Project beginning. 7.3 If the Project requires registration under New Brunswick Regulation 87-83 Environmental Impact Assessment Regulation — Clean Environment Act and/or is deemed to be a designated project under the Canadian Environmental Assessment Act (2012), no funds will be advanced to a recipient for expenditures related to construction work until a copy of the signed letter of determination and/or a copy of the decision statement has been received by New Brunswick. 7.4 The Recipient will obtain all necessary licenses, permits, and approvals required for the Project by applicable legislation, regulations and by-laws be they Federal, Provincial or Municipal. 8. ABORIGINAL CONSULTATION 8.1 Funding for the Project is conditional upon New Brunswick and Canada being satisfied that obligations with respect to the legal duty to consult, and if applicable, requirement to accommodate Aboriginal groups are met. 8.2 Recipient will comply with all obligations (i) under Applicable Law; (ii) as required by regulatory bodies having jurisdiction over the subject matter of the Project; and (iii) under common law, to engage in Aboriginal consultation and consider Aboriginal interests. 9. CLAIMS AND PAYMENT 9.1 Each claim for reimbursement of Eligible Expenditures shall be submitted on forms herein provided in Schedule C. Claims will include copies of invoices along with all supporting Page 6 of 24 N-11 documents, proof of payment of each invoice submitted for reimbursement, and such other documents as may be requested by New Brunswick. 9.2 When any other federal or provincial assistance is given or is to be given in respect of the Project which was not taken into consideration in the original application, the contribution hereunder may be reduced by a corresponding amount. 9.3 New Brunswick reserves the right to withhold any or all reimbursements of Eligible Expenditures until completion documents provided in Schedule E are completed and returned to New Brunswick by the Recipient. 9.4 No claim for reimbursement shall be paid by New Brunswick unless it is received on or before January 20 of the year following the Fiscal Year in which the Eligible Expenditure is incurred and in all circumstances, no later than March 31, 2023. 10. REPORTING 10.1 Recipient will provide to New Brunswick at minimum on a semi-annual basis a Project progress report in a format acceptable to New Brunswick and in accordance with Schedule D (Progress Report Form); and will submit, in a format acceptable to New Brunswick, a final project report in accordance with Schedule E (Completion Documents). 11. AUDITS The Recipient agrees to allow New Brunswick reasonable and timely access to all its documentation, records and accounts and those of their respective agents or third parties related to the Project, and all other relevant information and documentation requested by New Brunswick, or their designated representatives, for the purposes of audit, evaluation, and ensuring compliance with this Agreement. 12. RECORD KEEPING The Recipient will keep proper and accurate financial accounts and records, including but not limited to its contracts, invoices, statements, receipts, and vouchers in respect of the Project, for at least six (6) years after the SCF Funding Agreement End Date and will provide New Brunswick and their designated representatives with reasonable and timely access to documentation for the purposes of audit, evaluation, and ensuring compliance with this Agreement. 13. INDEMNIFICATION The Recipient will at all times indemnify and save harmless New Brunswick and Canada, its officers, servants, employees, or agents, from and against all actions, whether in contract, tort or otherwise, claims and demands, losses, costs, damages, suits or other proceedings by whomsoever brought or prosecuted in any manner based upon or occasioned by any injury to Page 7 of 24 15061 persons, damage to or loss or destruction of property, economic loss or infringement of rights caused by, in connection with or arising directly or indirectly from this Agreement, the SCF Funding Agreement, or a Project, except to the extent to which such actions, claims, demands, losses, costs, damages, suits or other proceedings relate to the negligence or breach of this Agreement or the SCF Funding Agreement by an officer, servant, employee or agent of New Brunswick or Canada in the performance of his or her duties. 14. COMMUNICATIONS 14.1 No public announcement of an activity related to the Project shall be made by the Recipient without the prior written consent of New Brunswick. 14.2 The parties shall comply with the communications guideline set out in Schedule F referred to as the Communications Guideline. 15. GENERAL 15.1 SURVIVAL Any provision in this Agreement which imposes an obligation after the termination or expiration of this Agreement, shall survive the termination or expiration of this Agreement. 15.2 ACCOUNTING PRINCIPLES All accounting terms will have the meanings assigned to them, all calculations will be made and all financial data to be submitted will be prepared, in accordance with the generally accepted accounting principles (GAAP) in effect in Canada. 15.3 REPAYABLE CONTRIBUTIONS Any funding provided to a Recipient that is a private sector body intended to allow the business to generate profits or to increase the value of the business, will be repayable to New Brunswick. 15.4 COUNTERPART SIGNATURE This Agreement may be signed in counterpart, and the signed copies will, when attached, constitute an original Agreement. 15.5 SEVERABILITY If for any reason a provision of this Agreement that is not a fundamental term of this Agreement between the parties is found to be or becomes invalid or unenforceable, in whole or in part, and if both parties agree, it will be deemed to be severable and will be deleted from this Agreement, but all the other terms and conditions of this Agreement will continue to be valid and enforceable. 15.6 AMENDMENTS This Agreement may be amended from time to time on written agreement of the parties. Page 8 of 24 E:191 15.7 WAIVER A party may waive any of its rights under this Agreement only in writing. Any tolerance or indulgence demonstrated by the party will not constitute a waiver. 16. OTHER 16.1 New Brunswick and the Recipient acknowledge that the financial contribution by Canada under this Agreement and, in consideration of that contribution and notwithstanding that Canada is not a signatory to this Agreement, the parties agree that the terms of this Agreement applicable to or with respect to Canada, are for her sole benefit. 16.2 Nothing in this Agreement is to be construed as authorizing one party to contract for or to incur any obligation on behalf of the other or to act as an agent for the other. Nothing in this Agreement is to be construed as authorizing the Recipient or any third party to contract for or to incur any obligation on behalf of either party or to act as an agent for either party. 16.3 If there is a conflict between this Agreement and the SCF Funding Agreement, the provisions of the SCF Funding Agreement will apply. 16.4 The Recipient will ensure that no current or former public servant or public office holder to whom any post -employment, ethics and conflict of interest legislation, guidelines, codes or policies of Canada or New Brunswick applies will derive direct benefit from the Project's funding, unless the provision or receipt of such benefits is in compliance with such legislation, guidelines, policies or codes. 16.5 This Agreement is subject to the provincial Right to Information and Protection of Privacy Act as well as the federal Access to Information Act and the Privacy Act. 16.6 In the event of a breach of any of the terms and conditions of this Agreement by the Recipient, no further contributions shall be made by New Brunswick and all previous payments shall be returned to New Brunswick within thirty (30) days of written notification to that effect. 17. NOTICE Any notice or communication authorized or permitted with respect to this Agreement shall be effectively given if: a) delivered by hand; or b) sent by letter; or c) sent by electronic mail; or d) sent by facsimile (FAX); or e) prepaid to the address or FAX number, as given in this Agreement. Page 9 of 24 E:1iI Any notice or communication required or permitted by this Agreement to be made by the Recipient to New Brunswick shall be provided to: Community Funding Branch Province of New Brunswick Department of Environment and Local Government P.O. Box 6000 Fredericton, NB E3B 51-11 Phone: 506-457-4947 Fax: 506-444-2734 Email: SCF-FPC@gnb.ca Any notice or communication that is made by New Brunswick to the Recipient may be sent to the coordinates indicated in the Project application form or such other address or electronic mail the Recipient designates in writing to New Brunswick. 18. COMPLIANCE WITH LAWS The Recipient will comply with all applicable laws, regulations, all requirements of regulatory bodies having jurisdiction over the subject matter of the Project and any common law obligations to consult with, and where appropriate, will engage in Aboriginal consultation and consider Aboriginal interests. 19. GOVERNING LAW This Agreement is governed by the laws applicable in the Province of New Brunswick. Page 10 of 24 E:YJ SIGNATURES HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NEW BRUNSWICK Original signed by: Hon. Serge Rousselle, Q.C. Minister of Environment and Local Government Date Witness REGIONAL DEVELOPMENT CORPORATION SOCIETE DE DEVELOPPEMENT REGIONAL THE CITY OF SAINT JOHN Original signed by: His Worship Donald Darling Mayor Date Name: Jonathan Taylor Title: Clerk Date Date Recipient Seal Page 11 of 24 E:icj SCHEDULE A — Project Description Recipient: The City of Saint John Project Number: 6920-2041 Project Title: Carleton Community Centre Improvements Project Description: The Carleton Community Centre serves a large community in the lower West Side of the City. It hosts community programming, a Wellness Clinic, a Food Bank, and many other amenities. The project will supply and install a new ventilation system including a heat recovery system to provide heating, cooling, and fresh air to the building in an energy efficient manner. Project will also include replacement of exterior windows with new energy efficient windows. Eligible Project Expenditures: The Canada — New Brunswick New Building Canada Fund Small Communities Fund shall contribute a financial incentive of two-thirds (2/3) of the aforementioned eligible project expenditures of $426,528 being an amount not exceeding $284,352. Subject to this Agreement, the Recipient shall be responsible for contributing at least one-third (1/3) of the Eligible Expenditures of the project implemented under this Agreement. Expenditure overruns will not be considered as Eligible Expenditures and will be the responsibility of the Recipient. No contributions shall be made by the Canada — New Brunswick New Building Canada Fund Small Communities Fund with respect to any expenditure incurred other than the eligible project expenditures. Financing of Project: Federal: $142,176 Provincial: $142,176 Recipient: $142,176 Total: $426,528 Environment Impact Assessment (EIA) is required (or additional information is needed to determine that it is not required): No Forecasted construction start dates (YYYY/MM/DD): 2017/07/04 Forecasted construction end dates (YYYY/MM/DD): 2017/07/30 Project Category Outcomes/Benefits that will need to be quantified: • Extends the life of an existing asset. Page 12 of 24 E:il SCHEDULE B — Eligible and Ineligible Expenditures (as amended by Amendment No. 1 dated August 18, 2016) Eligible Expenditures For the purposes of this Agreement, Eligible Expenditures mean all direct and necessary expenditures incurred and paid by a Recipient towards the Project, associated with acquiring, planning, designing, constructing or renovating a tangible capital asset, as defined by Generally Accepted Accounting Principles (GAAP). This also specifically includes the following: a) Expenditures directly associated with joint federal communication activities and with federal project signage. b) The incremental costs of the Recipient's employees or leasing of equipment may be included as Eligible Expenditures under the following conditions: i. The Recipient is able to demonstrate that it is not economically feasible to tender a contract; ii. The employee or equipment is engaged directly in respect of the work that would have been the subject of the contract; and iii. The arrangement is approved in advance and in writing by New Brunswick. c) Costs of Aboriginal consultation, and where appropriate, accommodation. Ineligible Expenditures The following are deemed ineligible expenditures: a) expenditures incurred before the approval of the Project by Canada; b) expenditures incurred after the Project Completion Date with the exception of expenditures related to audit and evaluation requirements pursuant to the Agreement; c) the expenditures related to developing a business case or proposal for funding; d) the expenditures related to purchasing land, buildings and associated real estate and other fees; e) financing charges and interest payments on loans; f) leasing land, buildings, equipment and other facilities except for equipment directly related to the construction of the Project; g) furnishings and non -fixed assets which are not essential for the operation of the Project; h) general repairs and maintenance of a Project and related structures, unless they are Page 13 of 24 E-111 part of a larger capital expansion project; i) services or works normally provided by the Recipient, incurred in the course of implementation of the Project, except those specified as Eligible Expenditures; j) the expenditures related to any goods and services which are received through donations or in kind; k) any overhead expenditures, including salaries and other employment benefits of any employees of the Recipient, direct or indirect operating or administrative expenditures of Recipient, and more specifically expenditures related to planning, engineering, architecture, supervision, management and other activities normally carried out by staff except in accordance with subsections in the Eligible Expenditures above; 1) taxes for which the Recipient is eligible for a tax rebate and all other expenditures eligible for rebates; m) for administration of this Agreement administration expenditures involving the salaries and benefits of existing staff and general administration expenditures unrelated to Agreement implementation; and, n) legal fees. Page 14 of 24 E:11.1 SCHEDULE C — Detailed Claim Form Small Communities Fund Detailed Claim Form List all expenditures and cheque numbers on this form. Include a copy of each invoice and proof of payment such as a cancelled cheque (both sides) with your claim. Be thorough. Failure to record and support each expenditure claimed or failure to complete the form can cause delays in receiving your payment. Submit claims electronically to SCF-FPC@gnb.ca or by mail. Project Number: 6920-2041 Carleton Community Centre Construction Start Date: Improvements Recipient Name: The City of Saint John Construction End Date: Address: 15 Market Square % Project Completed: Saint John, NB E21-41-1 Description Name of Supplier Cheque No. Invoice Amount For office use only Total Expenditures The undersigned hereby certifies that the invoice above has been paid and the work completed. Signature: Name: Title: Date: For office use only Total Eligible: Contribution: Officer's Signature: Date: Eng. Review: Page 15 of 24 87 SCHEDULE D — Progress Report Form A progress report will be provided to New Brunswick at a minimum on a semi-annual basis, by June 15 and by November 15. Changes must be highlighted. Changes in the progress report are not an acceptance by the Minister of a change of scope or change of funding from that as set out in the Agreement. An amendment to the Agreement may be required. Submit progress reports electronically to SCF-FPC@gnb.ca. Small Communities Fund Progress Report Project Number 6920-2041 Recipient The City of Saint John Project Title Carleton Community Centre Improvements The Carleton Community Centre serves a large community in the lower West Side of the City. It hosts community programming, a Wellness Clinic, a Food Bank, and many other amenities. The project will Project Description supply and install a new ventilation system including a heat recovery system to provide heating, cooling, and fresh air to the building in an energy efficient manner. Project will also include replacement of exterior windows with new energy efficient windows. Federal Contribution (Eligible $142,176 Expenditures) Provincial Contribution (Eligible $142,176 Expenditures) Recipient Contribution (Eligible $142,176 Expenditures) Other Contribution (Eligible Expenditures - must include details on $0 any other sources of federal funding) Federal Signage Installed (Y/N) YES No If Yes, at What Date? Forecasted Construction Start Date 2017/07/04 (YYYY/MM/DD) Forecasted Construction End Date 2017/07/30 (YYYY/MM/DD) Actual Construction Start Date (if known) (YYYY/MM/DD) Actual Construction End Date (if known) (YYYY/MM/DD) Page 16 of 24 E:1:3 Environment Impact Assessment (EIA) is required (or additional information is needed to determine that it is not No required) Project Status (Approved, Contract Signed, In Construction, Completed) Project Complete? (Y/N) YES Ir- No Percentage of Project Complete Additional Information Forecasted Amounts to be Claimed Timeframe Amount to be Claimed Now — February 15, 2018 February 16, 2018 — February 15, 2019 February 16, 2019 — February 15, 2020 February 16, 2020— February 15, 2021 February 16, 2021— February 15, 2022 February 16, 2022 — February 15, 2023 Page 17 of 24 E-lue SCHEDULE E —Completion Documents DECLARATION OF SUBSTANTIAL COMPLETION (E.1) In the matter of the Agreement entered into between Her Majesty the Queen in Right of the Province of New Brunswick, represented by the Minister of Environment and Local Government and REGIONAL DEVELOPMENT CORPORATION/SOCIETE DE DEVELOPPEMENT REGIONAL, and The City of Saint John, represented by the Mayor and Administrator/Clerk. I, , a Licensed Engineer or Architect in the Province of New Brunswick, do solemnly declare as follows: 1. That I am the (title, department, company), and as such have knowledge of the matters set forth in this affidavit; 2. That the work identified as Project No. 6920-2041 in the above-mentioned Agreement has been substantially completed as described in Schedule A; and 3. That the work: a. was carried out by (the prime contractor(s)), between the dates (start date) and (completion date); b. was supervised and inspected by qualified staff; c. conforms with the plans, specifications and other documentation for the work; and d. conforms with applicable environmental legislation, and appropriate mitigation measures have been implemented. Declared at (city), in the Province of Signature this day of Page 18 of 24 x'191 Canada -New Brunswick New Building Canada Fund — Small Communities Fund / Nouveau Fonds Chantiers Canada — Fonds des Petites Collectivites Canada -Nouveau -Brunswick PROJECT COMPLETION FORM / FORMULAIRE D'ACHEVEMENT DU PROJET (E.2) Recipient / Beneficiaire : Project Number/ Numero du projet The City of Saint John 6920-2041 Project Title/ Titre du projet Carleton Community Centre Improvements Contact / Person ne-ressource : Tel. / Tel. Protect Description / Description du prolet : The Carleton Community Centre serves a large community in the lower West Side of the City. It hosts community programming, a Wellness Clinic, a Food Bank, and many other amenities. The project will supply and install a new ventilation system including a heat recovery system to provide heating, cooling, and fresh air to the building in an energy efficient manner. Project will also include replacement of exterior windows with new energy efficient windows. I hereby certify the following / J'atteste par la presente ce qui suit Has the final claim been submitted to New Brunswick/ Est-ce que la demande finale de paiement a ete soumise aupres du YES / OUI NO / NON Nouveau -Brunswick? Has the project been completed? / YES/OUI NO/NON Est-ce que le projet a ete acheve? YES/OUI NO/NON Have the holdbacks been released? / If no, when are they due / Est-ce que les retenues ont ete debloquees? Si non, quand sont-elles dues? Were necessary environmental mitigation measures adhered to?/ Est-ce que les mesuresd'attenuation environnementale necessaire YES OUI NO NON ont ete appliquees? Were the following project benefits achieved? / Est-ce que les avantages du projet suivant ont ete concretises? • Improvement in air quality. • Renewal of existing infrastructure. YES / OUI Ir' NO / NON • Improvement in energy efficiency. • Reduce maintenance costs. Did you provide quantified results regarding the following Project Category Outcomes/Benefits? / Avez-vous fourni des resultats quantifies pour les Resultats et avantages du projet suivants? • Extends the life of an existing asset. YES/ OUI I" NO/ NON Page 19 of 24 021 Final Project Cost / Cout final du Projet Federal Share / Part federale : Provincial Share/ Part provinciale Recipient Share / Part du Beneficiaire Federal funding was spent on Eligible Expenditures in accordance with the terms and conditions of the Agreement YES/OUI NO/ NON Le financement federal a servi a financer des depenses admissibles, conformement aux modalites de I'Entente. The undersigned hereby certifies that the information above is accurate, Le/La soussigne(e) atteste par la presente que ('information fourni ci-dessus est and he /she agrees that the project file will be closed and all unclaimed juste, et qu'il/elle est d'accord que le dossier du projet sera ferme et que tout fonds funds will be decommissioned. non-reclame seront mis hors service. Recipient Signature /Signature du Beneficiaire Date (YAlmloi) Page 20 of 24 ON SCHEDULE F — Communications Guideline PURPOSE This Communications Guideline outlines the roles and responsibilities of each of the parties to this Agreement, as well as those of Canada, with respect to communications activities related to the Project. This Communications Guideline shall guide all communications activity planning, development and implementation with a view to ensuring efficient, structured, continuous and coordinated communications to the Canadian public. The provisions of this Communications Guideline shall apply to all communications activities related to any Projects funded through the SCF, or allocations; and by consequence the Project funded under this Agreement. Such communications activities may include, but are not limited to, public or media events, news releases, reports, web and social media products or postings, blogs, project signs, digital signs, publications, success stories and vignettes, photo compilations, videos, advertising campaigns, awareness campaigns, editorials, and multi -media products. 1. GUIDING PRINCIPLES The parties recognize the importance of managing the delivery of coherent communications activities based on the principle of transparent and open discussion and collaboration. Communications activities undertaken through this Communications Guideline should ensure that Canadians are informed of infrastructure investments made to help improve their quality of life and that they receive consistent information about the funded Project and its benefits. The communications activities undertaken jointly by Canada, New Brunswick and the Recipient shall recognize the funding of all parties to the Project. 2. GOVERNANCE The Oversight Committee shall be responsible for monitoring the implementation of this Communications Guideline. New Brunswick is responsible for communicating the requirements and responsibilities outlined in this Communications Guideline to the Recipient and for ensuring their compliance. New Brunswick shall communicate to the Recipient any deficiencies and/or corrective Page 21 of 24 019] actions identified by Canada or by the Oversight Committee. 3. DISPUTES, MONITORING AND COMPLIANCE The Oversight Committee will monitor the parties' compliance with this Schedule, and may, at its discretion, advise the parties of issues and required adjustments. 4. PROGRAM COMMUNICATIONS Notwithstanding Section 6 of this Communications Guideline, Canada retains the right to meet its obligations to communicate information to Canadians about the SCF and the use of funds through its own communications products and activities. Canada, New Brunswick and the Recipient may include general program messaging and Project examples in their own communications products and activities. The party undertaking these activities will provide each party with an opportunity to participate and shall recognize the funding of the parties. Canada, New Brunswick and the Recipient will not unreasonably restrict the other parties from using, for their own purposes, public communications products related to the Project funded through the SCF and if web -based, from linking to it. S. OPERATIONAL COMMUNICATIONS The Recipient is solely responsible for operational communications with respect to Projects, including but not limited to, calls for tender, construction, and public safety notices. Operational communications as described above are not subject to the federal official language policy; however, operational communications as described above are subject to the provincial official language policy. The Recipient shall share information promptly with New Brunswick should significant media inquiries be received or emerging media or stakeholder issues arise relating to the Project. 6. MEDIA EVENTS AND ANNOUNCEMENT FOR PROJECTS Media events include, but are not limited to, news conferences, public announcements, official events or ceremonies, and news releases. Canada, New Brunswick and the Recipient will have regular media events about the funding and status of the Projects. Key milestones may be marked by public events, news releases and/or other mechanisms. Each of the parties or Canada may request a media event. Media events related to the Project shall not occur without the prior knowledge and agreement of all the parties. The requestor of a media event shall provide at least fifteen (15) business Page 22 of 24 0L! days' notice to the other parties of their intention to undertake such an event. The event shall take place at a mutually agreed date and location. The party undertaking these activities shall provide the opportunity for the other parties to participate through a designated representative and shall recognize the funding of all parties. Each party shall choose their own designated representative. The conduct of all joint media events and products shall follow the Table of Precedence for Canada as outlined at www.pch.gc.ca/eng/1359384273319/1359384663213. All joint communications material related to media events shall be approved by Canada and recognize the funding of all funding partners (Canada, New Brunswick, Recipient and others, as appropriate). All joint communications material shall reflect Canada's policy on official languages and the federal identity program. 7. SIGNAGE Canada, New Brunswick and the Recipient may each have a sign recognizing their funding contribution to the Project. Unless otherwise agreed by Canada and New Brunswick, New Brunswick shall produce and the Recipient shall install a federal sign to recognize federal funding at each Project site in accordance with current federal signage guidelines. Additionally, New Brunswick shall produce and the Recipient shall install a provincial sign to recognize provincial funding at each Project site in accordance with current provincial signage guidelines. The federal sign design, content, and installation guidelines will be provided by Canada to New Brunswick. Where the Recipient decides to install a permanent plaque or other suitable marker with respect to the Project, it shall recognize the federal and provincial contributions and be approved in writing by both Canada and New Brunswick. The Recipient agrees to inform in writing New Brunswick of program sign installations. Program signage shall be installed at the Project site(s) thirty (30) days prior to the start of construction, be visible for the duration of the Project, and remain in place until thirty (30) days after construction is completed and the infrastructure is fully operational or opened for public use. Federal signage shall be at least equivalent in size and prominence to Project signage for contributions by other orders of government and be installed in a prominent and visible location that takes into consideration pedestrian and traffic safety and visibility. Page 23 of 24 OR 8. COMMUNICATIONS COSTS The eligibility of expenditures related to communication activities will be subject to Schedule B. 9. COMMUNICATING SUCCESS STORIES New Brunswick agrees to facilitate, as required, communications between Canada and the Recipient for the purposes of collaborating on communications activities and products including but not limited to Project success stories, vignettes, and multi- media products. 10. ADVERTISING CAMPAIGNS Recognizing that advertising can be an effective means of communicating with the public, Canada and New Brunswick may, at their own cost, organize an advertising or public information campaign related to the SCF or eligible Projects. However, such a campaign shall respect the provisions of this Agreement and the SCF Funding Agreement. In the event of such a campaign, the sponsoring party or Recipient shall inform the other parties of its intention no less than twenty-one (21) working days prior to the campaign launch. Page 24 of 24 COUNCIL REPORT M&C No. 2018-328 Report Date November 13, 2018, 2018 Meeting Date November 19, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Fleet Replacement Procurement — November 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 purchase of two (2) Tandem Refuse Packers at a total cost of $600,420.00 plus HST to Saunders Equipment Ltd. EXECUTIVE SUMMARY The City manages a fleet of over 309 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 (ORP, a calculation based on the age of a vehicle, the odometer reading, overall condition and maintenance cost) and this year, 34 vehicles (some of which are the least reliable and most expensive to maintain) will be replaced through the City's procurement processes. The tandem refuse packers in this recommendation are to replace units 641, a 2011 International Packer with an ORP index of 20, and 642, a 2013 International Packer with an ORP index of 17. Both of these units are equipped with Navistar MaxxForce Advanced EGR diesel engines and have higher than usual life maintenance costs. In both cases, the Al -2 - lifetime maintenance costs have well exceeded the initial purchase price of each of these units. The lifetime maintenance cost for unit 641 is $223,928.42 with $103,411.83 representing the last two years of use. The lifetime maintenance cost for unit 642 is $226,312.36 with $97,853.66 representing the last two years of use. In both cases, the escalating maintenance costs are expected to continue with continued operation. The tentative delivery date on the new tandem refuse packers is 38 weeks. The new tandem refuse packers will also come will an additional piece of equipment, a helping hand. The helpings hand is a drop frame, side loading unit adapted for manual, semi -automated or fully -automated refuse or recycling collection operations. This equipment should enable efficiencies in our collection process and reduce repetitive motion and weight strain on staff. It also presents the opportunity to optimize our Fleet and potentially reduce redundant units currently being used to offset the downtime. 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 This purchase is a 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 Materials Management facilitated the Request for Proposal (RFP) process to solicit proposals for the Tandem Refuse Packers. As such the RFP closed on October 4, 2018 with the following proponents responding by submitting proposals: East Coast International Saunders Equipment Ltd. Shu -Pak Equipment Inc. 01:3 -3- A review committee, consisting of staff from Materials Management, Transportation and Environment Services and Fleet Management reviewed the submissions for completeness and compliance with the RFP requirements and selection criteria consisting of the following: 1. Presentation and Quality of Proposal 2. Compliance with Specifications 3. Delivery Timeframe 4. Service Response Time 5. Value Added 6. Cost Also in accordance with the City's standard procedures, the committee members evaluated and ranked each proposal based on the proposals' technical merits. Following this, the financial bids were opened and evaluated and corresponding scores were added to the technical scores. Saunders Equipment Ltd.'s proposal was selected as the best proposal based on an overall rating of the evaluation criteria offering a strong overall solution for the City at the lowest cost. The above processes are in accordance with the City's Procurement Policy and Materials Management support the recommendations being put forth. ATTACHMENTS None 061 0 0 U i E O z O .Ln .E E O U Q) U i O E m U U z L Cr N O V Q m — E E Fl 0 Q • N r -I buo M Q O c 0 O E w E E 0 U DC ca ca ca ca o ca � F L .- L o Co .� (D C L Q) U V .- ._ L coo DC � > v0>' :3 L -o -0 0- OJ E =.- LL- r -I buo M Q O c 0 O E w E E 0 U DC ca ca t�0 � Ln 0 0 Q) U ._ L coo ca DC 4-J U >� 0 -0 O � � U4OLL • 0 0 c O 4--J nm W U 4� v y c cu rH 0 klo0 00 0 0 4 9 M rm I 11 L co = +J U N Q Q O U 4r. 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U O _ Cn (3.)N Ln Ln a� (3.) f6 N -0 (U O O��O� Q� �� tea--+ tS � �ca� },r�C �� -0 U4) }'bD U ca U0 N a--+ �p .c� O N O N � o V u c� on > u Q o }, _ _0 41 0 Q v v o o 0 V) 4 o v o 0 0 > v _0 -0 v o v o v v � D N N u � +, � O •— cn v N v +� N � � v v j o v V) o +� o o o o +� Q,� ao Ln Ln m v v ca v +, v v � v ° N N � 4 o0 on V) Q) o -0 o CLN oN v -0 `~ N Cn o +° > o v Q +� o o`n 3:v v N v v o v uu Q) o o+� o V) cn co 0 o 4- ao � LJJ v +� ' +- o Eo >� v aA :3 =3 E N �Q O N ° E }°i V i V 41 a -j i 41 41 41 41 0 > o O 41 41 + v Q `� o z z a m Lu 0 `} z �.� D X -LLA W 1\I V lViorlm ar.r. 111-03 A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: 1 Amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1361 square metres, located at 243 Loch Lomond Road, also identified as PID No. 00321224 from Two -Unit Residential (112) to General Commercial (CG) pursuant to a resolution adopted by Common Council under Section 59 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of *, A.D. 2018 and signed by: F1RIlGlG ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete cc qui suit : L'arrete de nonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par: 1 La modification de 1'annexe A, Carte de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 1361 metres carr&, situ6e au 243, Chemin Loch Lomond, et portant le NID 00321224, de zone r6sidentielle bifamiliale (R2) a zone commerciale generale (CG) conformement a une resolution adoptee par le conseil municipal en vertu de Particle 59 de la Loi sur Purbanisme. - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUO], The City of Saint John a fait apposer son sceau communal sur le present arrete le * 2018, avec les signatures suivantes : Mayor/Maire ....................................................._ -. Common Clerk/Greffier communal First Reading - November 5, 2018 Second Reading - November 5, 2018 Third Reading - Premiere lecture - le 5 novembre 2018 Deuxieme lecture - le 5 novembre 2018 Troisieme lecture - Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John FROM 1 DE Two -Unit Residential Zone residentielle bifamiliale ch. Loch Lomond Rd• TO 1 A► R2 IN CG General Commercial Zone commerciale generale Pursuant to a Resolution under Section 59 of the Community Planning Act Conformement a une resolution adoptee par le conseil municipal en vertu de I'article 59 de la Loi sur I'urbanisme Applicant: Nathalie and Kevin Hayward Location: 243 Loch Lomond Road PID(s)INIP(s): 00321224 Considered by P.A.C.lconsidere par le C.C.U.: October 16 octobre, 2018 Enacted by Council/Approuve par le Conseil: having an area of approximately 1361 square metres, located at 243 Loch Lomond Road, also identified as PID Number 00321224, be subject to the following conditions: a. That the use of the lot be limited to the following: • Artist or Craftsperson Studio; • Bakery; • Business Office, subject to paragraph 11.7(3)(b); • Commercial Group; • Community Policing Office; • Day Care Centre; • Dwelling Unit, subject to paragraph 11.7(3)(c); • Financial Service; • Funeral Service; • Garden Suite, subject to section 9.8; • Grocery Store; • Home Occupation; • Library; • Medical Clinic; • Personal Service; • Pet Grooming; • Place of Worship; • Restaurant; • Retail, General; • Secondary Suite, subject to section 9.13; • Service and Repair, Household; • Supportive Housing, subject to section 9.14; • Veterinary Clinic; b. That any development of the site shall be in accordance with a detailed landscaping plan, to be prepared by the proponent and subject to the approval of the Development Officer. The landscaping plan must be submitted with the building permit/change of use applicant and the identified landscaping on the approved plan must be completed no later than one year after the issuance of a building permit. c. That no direct access to Loch Lomond Road be permitted and the existing access off Linda Court be maintained. ry liliilil iiiiiiiii iWm ilii iiiiiiiii IiifYlif�IIIIIIIIIIIIIV IiIU�//A4u/�J�}JllllWll.UWWWWULM/IIIIIIIIIIl U1uJ/UfIfIWW.NY UI kANY�tl/�e. 1111 //).....gyyI'm r/U/ "/��II%'%�1 / HU ��kY'�l U., NW��,Yr� aY I,:A..0 �� r�i.�n�nii.. iwanxini ..1 i [ -JUIS r• 11 V nAXAMIKV %-.A. 1l A-V* A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: 1 Amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1,406 square metre, located at 476 Sandy Point, also identified as PID No. 00431544 from Two -Unit Residential (R2) to General Commercial (CG) pursuant to a resolution adopted by Common Council under Section 59 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of *, A.D. 2018 and signed by: Mayor/Maire 1%A%A\I LI A Wl 1I tr.A . 111 v� n ARRETE MODIFIANT VARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du Conseil communal, The City of Saint John a decrete ce qui suit : L'arrete de zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par: 1 La modification de I'annexe A, Carte de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 1406 metres carre, situee a u476, chemin Sandy Point et portant le NID 00431544, de zone residentielle bifamiliale (R2) a zone Commerciale generale (CG) conformement a une resolution adoptee par le conseil municipal en vertu de ]'article 59 de la Lai sur Purbanisme. - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le * 2018, avec les signatures suivantes : Common C1erk/Greffier communal First Reading - November 5, 2018 Premiere lecture - le 5 novembre 2018 Second Reading - November 5, 2018 Deuxieme lecture - le 5 novembre 2018 Third Reading - Troisieme lecture - Amending Schedule "A" of the Loning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John FROM 1 DE Two -Unit Residential Zone residentielle bifamiliale TO 1 A R2 IN CG General Commercial Zone commerciale generale Pursuant to a Resolution under Section 59 of the Community Planning Act Conformement a une resolution adoptee par le conseil municipal en vertu de I'article 59 de la Loi sur I'urbanisme Applicant: Chris Barry on behalf of the Saint John Trojans Rugby Club Location: 476 Sandy Point Road PID(s)INIP(s): 00431544 Considered by P.A.C.Iconsidere par le C.C.U.: October 16 octobre, 2018 Enacted by Council/Approuve par le Conseil: That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, shall subject the use of the parcel of land with an area of 1,406 square metres, located at 476 Sandy Point Road, also identified as PID Number 00431544, to the following conditions: a. Any development of the site shall be in accordance with a detailed site plan building elevation plans and landscaping plans, prepared by the proponent and subject to approval of the Development Officer, indicating the location of all buildings, structures, parking areas, driveways, exterior lighting, outdoor storage areas, landscaped areas, exterior building materials, and building entrances and finishes. These plans are to be attached to the application for the building permit with all improvements shown on the plans to be completed within one year of the issuance of the building permit. b. As part of the development, a solid board -on -board fence shall be installed and maintained and shall have a minimum height of one metre located between the property and the adjacent property at 474 Sandy Point Road. c. General Commercial (CG) uses shall be limited to a banquet hall, private club, and health and fitness facility. No other uses described in the General Commercial (CG) zone shall be permitted. run�n:nlia� iiiuiw i... iiiiliiix xr iiiiii ara® I m iivnui v1wNw nl rm iin..i UdVIJIN/E;.,U!! YL/////LPNI1d.4J/ffL!ImIIIIIIIWIWWWUW1U llllYb NlOfffJlllU .�niiliu wurr i h mumm ...J l��ii ✓i �f0. Ai :�x�.�4��v��'iNni� THE CITY OF SAINT JOHN NEW BRUNSWICK A By-law respecting the Control of Dogs in the City of Saint John By-law Number M-13 An uncertified copy of this by-law is available online Arrete concernant le controle des chiens dans The City of Saint John Arrete numero M-13 Une copie non certifiee de 1'arrete est disponible en ligne K TABLE OF CONTENTS TABLE DES MATIERES Section Description Page Article Designation Page Recitals 3 Preambule 3 1 Title 3 1 Titre 3 2 Definitions 4 2 Definitions 4 3 Interpretation 6 3 Interpretation 6 4 Appointment of By-law 7 4 Nomination des agents 7 Enforcement Officers charges de 1'execution des arretes 5 Inspections 7 5 Inspections 7 6 Licensing 7 6 Delivrance de permis 7 7 Seizure, Impounding and 9 7 Saisie, mise en fourriere, 9 Destruction abattage 8 Dog Bites 12 8 Morsures de chien 12 9 Noise 12 9 Bruit 12 10 Cleaning up After Dogs 12 10 Nettoyage des excrements 12 11 Diseased and/or Injured Cats 12 11 Chats malades et/ou blesses 12 12 Enforcement 13 12 Application 13 13 Offences 13 13 Infractions 13 14 Administrative Penalties 14 14 Penalites administratives 14 15 Repeal 14 15 Abrogation 14 K3 RECITALS WHEREAS, Common Council considers it necessary to regulate the licensing and control of dogs within The City of Saint John; AND WHEREAS, paragraph 10(1)(k) of the Local Governance Act states that a local government may make by-laws for municipal purposes respecting wild, domestic and exotic animals and activities in relation to them, including animal control activities; AND WHEREAS, paragraphs 10(2)(c) and (d) of the Local Governance Act state that a local government shall make by-laws imposing a requirement that dogs be vaccinated against rabies and prescribing requirements for the proof of vaccination of dogs or requirements for the assessment of the effectiveness of a previous vaccination; AND WHEREAS, section 147 of the Local Governance Act states that a local government may, by by-law, provide that a person who violates or fails to comply with any provision of a by-law commits an offence; AND WHEREAS, notice of this by-law was provided in accordance with section 15 of the Local Governance Act. PREAMBULE ATTENDU QUE, le conseil communal considere qu'il est necessaire de reglementer la delivrance de permis et le controle des chiens dans The City of Saint John; et ATTENDU QUE, l' alinea 10(1)k) de la Loi sur la gouvernance locale stipule qu'un gouvernement local peut, relativement a quelque fin municipale que ce soit, prendre des arretes concernant les animaux sauvages, domestiques et exotiques ainsi que les activites qui s'y rapportent, dont la surveillance des animaux; et ATTENDU QUE, les alineas 10(2)c) et d) de la Loi sur la gouvernance locale stipulent qu'un gouvernement local doit prendre des arretes qui prevoient la vaccination obligatoire des chiens contre la rage et qui prescrivent les exigences a remplir a 1' egard soit de la preuve de vaccination des chiens, soit de 1' evaluation de 1' efficacite d'une vaccination anterieure; et ATTENDU QUE, Particle 147 de la Loi sur la gouvernance locale stipule que par voie d' arrete, un gouvernement local peut prevoir que commet une infraction quiconque contrevient ou omet de se conformer a quelque disposition que ce soit d' un arrete; et ATTENDU QUE, un avis du present arrete a ete donne conformement a 1' article 15 de 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 Dog Control By-law" (hereinafter the `By- law"). `N Titre 1 Le present arrete peut etre cite sous le titre : Arrete de Saint John concernant le controle des chiens (ci-apres « 1' arrete »). C! Definitions 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 appointed under this By-law and designated by resolution of Common Council (agent charge de Vexecution des arretes); "cat" includes male and female (chat); o agent charge de 1'execution des arretes designe un agent charge de 1'execution des arretes nomme conformement au present arrete, et designe par resolution par le conseil communal (by-law enforcement officer); o chat » inclut les males et les femelles (cat); "City" means The City of Saint John « municipalite » designe The City of Saint John (municipalite); (City); "Common Council" means the elected municipal council of the City (conseil communal); "contractor" means a person, partnership or corporation who entered into a contract with the City to deliver dog control services (entrepreneur); "day" means a 24 hour period (jour); "dog" includes male and female (chien); "dog control officer" means a by-law enforcement officer, a police officer or a contractor (agent de controle des chien); "dog license" means a license issued hereunder for a dog (permis de chien); "dog tag" means a plate on which is stamped a license number (medaille d'identification); o conseil communal » designe les membres elus du conseil municipal de la municipalite (Common Council); o entrepreneur » designe une personne, societe de personnes ou corporation qui est partie a un contrat conclu avec la municipalite pour offrir des services relatifs au controle des chiens (contractor); o jour » designe un periode de 24 heures (day); o chien »inclut les males et les femelles (dog); o agent de controle des chiens » designe un agent charge de 1' execution des arretes, un agent de police ou un entrepreneur (dog control officer); o permis de chien » designe un permis delivre a 1'egard d'un chien en application du present arrete (dog license); o medaille d'identification » designe une plaque sur laquelle un numero de permis est estampille (dog tag); "leashed" means secured by a leash or similar « en laisse » designe tenu par une laisse ou un device of 1.2 meters maximum length suitable to dispositif similaire d'une longueur maximale de `[191 67 keep a dog under the control of the owner (en 1,2 m qui convient pour permettre au proprietaire laisse); de garder le controle de son chien (leashed); "neighbourhood" means for the purposes of this « voisinage » designe pour les fins du present By-law not less than 2 people living in the arrete, s'entend d'au moins deux personnes immediate area and occupying separate dwellings occupant des habitations separees dans 1' entourage (voisinage); immediat (neighbourhood); "owner" means a person, partnership or « proprietaire » designe une personne, societe de corporation who: personnes ou corporation qui accomplit l'un des actes suivants : (a) is in possession of a dog; or (b) harbours a dog; or (c) permits a dog to habitually remain on property owned by or under the control of that person, partnership, or corporation; or (d) licenses a dog under this By-law; a) elle est en possession d'un Chien; b) elle 1'heberge; c) elle tolere sa presence habituelle sur une propriete dont elle est proprietaire ou dont elle assure le controle; d) elle obtient un permis a son egard conformement au present arrete; et and "owns" and "owned" have the corresponding les mots « appartenant » et « appartient » ont un meaning (proprietaire); sens analogue (owner); "police officer" means a police officer in the Saint « agent de police » designe une agent de police John Police Force (agent de police); du Service de police de Saint John (police officer); "property" includes public and private property « propriete » designe propriete publique ou (propriete); privee (property); "running at large" means an unleashed dog (a) in a public place other than a fenced -in municipal off -leash dog park; (b) on property other than on that of the owner of the dog; or (c) in a forest or wooded area while not in the company and control of the owner of the `[EI! o errant » designe un Chien qui n'est pas tenu en laisse et qui se trouve : a) soit dans un lieu public qui n'est pas un pare municipal cloture ou les chiens peuvent se promener sans laisse; b) soit sur une propriete autre que Celle de son proprietaire; c) soit dans une for& ou une region boisee alors qu'il n'est pas en Compagnie ou C.1 dog (errant); "service dog" means any dog trained to do work or perform tasks for the benefit of a person with a disability, including but not limited to, guide dogs and hearing dogs (chien d'assistance). Interpretation sous la surveillance de son proprietaire (running at large of dogs); o chien d'assistance » designe un chien entraine pour travailler ou accomplir des taches au profit d'une personne en situation de handicap, y compris, notamment, les chiens guides et les chiens pour personnes malentendantes (service dog). Interpretation 3 Rules for interpretation of the language 3 Les regles d'interpretation suivantes used in this By-law are contained in the lettered s'appliquent au present arret& 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 Mal a) Les titres, intertitres et numeros des dispositions ne servent qu'a faciliter la consultation de 1' arrete et ne doivent pas servir a son interpretation. b) Le genre ou le nombre grammaticaux doivent etre adaptes 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 arretes de la municipalite visent egalement les modifications qui s'y appliquent, y compris tout arrete de remplacement. d) Les obligations qu'il cree s' aj outent a celles decoulant d' autres arretes applicables de la municipalite ou des lois et reglements applicables des gouvernements federal ou provinciaux. e) Si une disposition quelconque est declaree invalide par un tribunal competent M 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. Appointment of By -Law Enforcement Officers 4 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 or the Local Governance Act. Inspections 5 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. Licensing 6(1) The licensing of dogs in the City shall be supervised by a dog control officer and enforced by a by-law enforcement officer or police officer. 6(2) Every owner shall obtain from the dog control officer, a City -approved outlet, or City Hall, a dog license for each dog owned by an owner immediately upon becoming the owner thereof. 6(3) The owner of any dog in the City, before being issued a dog license, shall: (a) provide the following information pour quelque motif que ce soit, la decision n'entache en rien la validite de 1'arrete dans son ensemble ni de toute autre disposition. Nomination des agents charges de 1'execution des arretes 4 Le conseil communal peut, pour les fins de 1'administration 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 ou la Loi sur la gouvernance locale. Inspections 5 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 arr&& Delivrance de permis 6(1) La delivrance de permis de chien dans la municipalite se fait sous la surveillance de 1' agent de controle des chiens, et 1' agent charge de 1' execution des arretes ou 1' agent de police en assurent 1' application. 6(2) Des lors qu'il en devient proprietaire, le proprietaire d'un chien doit obtenir de 1'agent de controle des chiens, d'un point de vente approuve par la municipalite ou de 1'H6tel de ville, un permis de chien a 1'egard de chaque chien dont it est proprietaire. 6(3) Avant qu'un permis de chien ne lui soit delivre, le proprietaire d'un chien dans la municipalite accomplit les actes suivants : a) it fournit les renseignements et documents suivants : 14 (i) the owner's name, place of residence and phone number; (ii) the name, age, breed, colour and sex of the dog; (iii) evidence that the dog has been vaccinated for distemper; (iv) evidence that the dog has been vaccinated for rabies according to the schedule for vaccinations provided in subsection 6(10); and (b) pay the following license fee: (i) $25.00 for each dog which has not been spayed or neutered; (i) son nom, son lieu de residence et son num6ro de telephone; (ii) le nom, 1' age, la race, la couleur et le sexe du chien; (iii) un document attestant que le chien a et6 vaccine contre la maladie de Carr6; (iv) un document attestant que le chien a et6 vaccine contre la rage conform6ment au calendrier de vaccination pr6vu au paragraphe 6(10); b) it verse l'un des droits de permis suivants : (i) 25 $ pour chaque chien qui n' a pas et6 chatr6; (ii) $10.00 for each spayed or (ii) 10 $ pour chaque chien qui a neutered dog for which proof of et6 chatre, sur presentation d'une altering is presented; preuve de la sterilisation. 6(4) A dog license and a dog tag shall be 6(4) Un permis de chien et une m6daille provided to the owner upon the owner's d'identification sont remis au propri6taire qui se complying with the provisions of subsection 6(3). conforme aux dispositions du paragraphe 6(3). 6(5) (a) Licenses expire in the following 6(5) a) Sauf disposition contraire du present circumstances unless otherwise provided arr&6, les permis expirent dans les cas herein: suivants : (i) when there is a change in the ownership of the dog; (ii) at midnight of the 31s' day of December of each year; (b) An application may be made after November 1st in any year for a license for the following year and such a license shall be valid from the date of its issuance. `A (i) lorsque le chien change de proprietaire; (ii) a minuit le 31 d6cembre de chaque annee. b) Une demande de permis peut etre presentee apres le ler novembre de chaque ann6e, pour 1'ann6e suivante, et le permis est en vigueur a compter de la date de sa �67 6(6) The provisions of subsections 6(2) and 6(3) shall not apply to a dog whose owner is a non-resident temporarily in the City, to a dog being in the City for the purpose of participating in a dog show, to a service dog, or to any search and rescue or law enforcement dog. 6(7) The owner of a dog shall keep the dog tag securely fixed to the dog at all times in such a manner that it can be easily inspected by any person responsible for the enforcement of this By- law. 6(8) A dog tag which has been lost shall be replaced upon application by the owner to the contractor and upon the payment of a fee of $2.00. 6(9) All dogs shall be immunized against distemper within 6 months of birth and renewed as required by standard veterinary practice. d6livrance. 6(6) Les paragraphes 6(2) et 6(3) ne s'appliquent pas a un chien dont le propri6taire, qui n'est pas un resident de la municipalit6 ne s'y trouve que temporairement, ou a chien qui se trouve dans la municipalite pour participer a une exposition canine, au chien d'assistance, au chien de recherche et de sauvetage ou au chien policier. 6(7) Le proprietaire d'un chien garde attach6e a son chien, en permanence, la m6daille d'identification d6livr6e a son 6gard de fa�on a ce que toute personne chargee de 1'ex6cution du present arr&6 puisse l'inspecter facilement. 6(8) Le proprietaire d'un chien dont la medaille d'identification a et6 perdue peut la faire remplacer en pr6sentant une demande en ce sens a 1' entrepreneur et en payant un droit de 2 $. 6(9) Tous les chiens doivent etre immunises contre la maladie de Carr6 dans les six mois suivant leur naissance et, par la suite, selon les pratiques v6t6rinaires courantes. 6(10) All dogs shall be immunized against rabies 6(10) Tous les chiens doivent etre immunises according to the following schedule for contre la rage selon le calendrier de vaccination vaccinations: suivant: (a) first vaccination within 6 months of birth; (b) second vaccination one year after the date of the first vaccination; and (c) subsequent vaccinations every three years from the date of the second vaccination. a) le premier vaccin dans les six mois suivant la naissance; b) un rappel, un an apres la date du premier vaccin; c) un rappel aux trois ans, apres la date du premier rappel. 6(11) Licenses issued pursuant to this By-law are 6(11) Les permis d6livr6s en application du not transferrable. present arr&6 ne sont pas cessibles. Seizure, Impounding and Destruction Saisie, mise en fourriere et abattage `[E:3 10 7(1) The owner of a dog shall prevent such dog 7(1) Le proprietaire d'un Chien 1'empeche from running at large in the City. d' errer dans la municipalite. 7(2) Any dog found running at large or found outside of a building with or without a valid dog tag may be seized and impounded by a contractor. The owner may claim the dog by producing or obtaining a valid license for the dog and by paying the contractor: (a) an impounding fee which shall be $60.00 for the first occurrence, $100.00 for the second occurrence and $200.00 for the third and any subsequent occurrence; (b) Subject to subsection 7(3), a micro chipping fee which shall be $10.00; (c) any fees associated with required medical care that was provided to the dog while impounded, such as vaccinations, flea treatments, deworming and other required medical treatments; and (d) a boarding fee which shall be $20.00 for each day that the dog has been impounded. 7(3) If a dog has been impounded for a second time within 12 months, the owner shall pay the contractor to have the dog electronically identified by microchip. 7(4) Any dog suspected to be diseased such that it is likely to infect another animal or a human being may be impounded by a dog control officer. 7(2) L'entrepreneur peut saisir et mettre en fourriere tout chien qui est trouve errant ou a 1'exterieur d'un batiment, avec ou sans medaille d'identification valide. Le proprietaire peut reclamer le chien en produisant ou en obtenant un permis valide pour le chien et en versant a 1' entrepreneur : a) des frais de 50 $ pour la premiere mise en fourri6re, de 100 $ pour la deuxieme mise en fourriere et de 200 $ pour chaque mise en fourriere subsequente; b) sous reserve du paragraphe 7(3), des frais de 10 $ associes a l'installation d'une micropuce; c) tout frais associe aux traitements medicaux qui ont ete fournis au Chien lorsqu'il etait en fourri6re, tels, vaccinations, traitements contre les puces, traitements vermifuges et tout autre traitement medical requis; et d) des frais d'hebergement de 20 $ pour chaque jour de mise en fourri6re. 7(3) Si un Chien a ete mis en fourriere une deuxieme fois au cours d'une periode de 12 mois, son proprietaire paiera 1'entrepreneur pour que celui-ci voit a l'installation d'une micropuce permettant d'identifier electroniquement le Chien. 7(4) L' agent de contr6le des chiens peut mettre en fourriere tout Chien dont on soup�onne qu'il est atteint d'une maladie et qu'il est susceptible d'infecter un autre animal ou un etre humain. 11 7(5) The contractor shall provide reasonable and adequate shelter, food and water to any dog impounded as determined by the by-law enforcement officer. 7(6) The contractor shall make a reasonable attempt to notify the owner of a dog that it has been seized and impounded if the owner is known to the contractor or if the dog is wearing a dog tag or other means of identification. 7(7) The contractor may sell any impounded dog, whether or not it is licensed, if it has not been claimed within 72 hours of the seizure. 7(8) The contractor may destroy any impounded dog, whether or not it is licensed, if: (a) it is injured or diseased; (b) it has been ordered destroyed by a judge of the Provincial Court of New Brunswick pursuant to section 8; or (c) it has not been claimed by its owner within 72 hours of its seizure. 7(9) Dog control officers may carry out an inspection upon any property for the purpose of seizing: (a) a dog which has been ordered destroyed by a judge of the Provincial Court of New Brunswick pursuant to section 8; (b) a dog which is running at large; or (c) a dog which he suspects to be 7(5) L' entrepreneur fournit un abri convenable et adequat ainsi que de la nourriture et de 1' eau en quantite suffisante a tout chien, mis en fourriere, selon les conditions que precise 1' agent charge de 1' execution des arretes. 7(6) L'entrepreneur fait un effort raisonnable pour aviser le proprietaire que son chien a ete saisi et mis en fourriere, s'il connait 1'identite du proprietaire ou si le chien porte une medaille d'identification ou un autre moyen d'identification. 7(7) L'entrepreneur peut vendre tout chien mis en fourriere, qu'un permis soit delivre a son egard ou non, s'il n'a pas ete reclame dans les soixante- douze heures suivant la saisie. 7(8) L'entrepreneur peut abattre tout chien mis en fourriere, qu'un permis ait ete delivre a son egard ou non, dans les cas suivants : a) le chien est blesse ou malade; b) un juge de la Cour provinciale du Nouveau -Brunswick a ordonne l'abattage du chien en vertu de Particle 8; ou c) le chien n'a pas ete reclame par son proprietaire dans les 72 heures suivant sa saisie. 7(9) L' agent de controle des chiens peut entrer sur une propriete afin d'y saisir : a) un chien dont un juge de la Cour provinciale du Nouveau -Brunswick a ordonne 1'abattage en vertu de Particle 8; b) un chien errant; ou c) un chien qu'il soup�onne etre malade 12 diseased or injured. Dog Bites 8 A judge of the Provincial Court of New Brunswick to whom a complaint has been made alleging that a dog has bitten or attempted to bite a person, may summon the owner of the dog to appear and show cause why the dog should not be destroyed. The judge may, if from the evidence produced it appears that the dog has bitten a person, make an order directing: (a) that the dog be destroyed; or (b) that the owner or keeper of the dog keep the dog under control. Noise 9 No owner shall permit a dog of which he or she is the owner to bark or bay or howl or yowl for such a period of time or in such manner as to create a disturbance of a neighbourhood. An owner shall immediately, upon being directed by a dog control officer to do so, take such steps as are necessary to cause the disturbance to cease. Cleaning Up After Dogs 10(1) An owner shall remove any feces left by his or her dog on any property other than the property of the owner. 10(2) This section does not apply to the owner of a guide dog, search and rescue or law enforcement dog. Diseased and/or Injured Cats 11(1) Notwithstanding that this By-law generally pertains to dogs, any cat may be seized by a dog control officer provided that: 151 ou blesse. Morsures de chien 8 Le juge de la Cour provinciale du Nouveau -Brunswick qui est saisi d'une plainte selon laquelle un chien a mordu ou tente de mordre une personne, peut citer le proprietaire du chien a comparaitre et a faire valoir les motifs pour lesquels le chien ne devrait pas etre abattu et it peut, si la preuve produite demontre que le chien a effectivement mordu une personne, ordonner : a) soit que le chien soit abattu; b) soit que le proprietaire ou la personne qui en a la garde le garde sous surveillance. Bruit 9 Il est interdit au proprietaire de permettre que son chien aboie ou hurle pendant une periode telle et de maniere a deranger le voisinage. A la demande de 1' agent de controle des chiens, le proprietaire d'un chien prend immediatement les mesures necessaires pour mettre fin au vacarme. Nettoyage des excrements 10(1) Le proprietaire enleve les matieres fecales que son chien a laissees sur une propriete autre que la sienne. 10(2) Le present article ne s' applique pas au proprietaire d'un chien-guide, d'un chien de recherche et de sauvetage ou d'un chien policier. Chats malades et/ou blesses 11(1) Nonobstant le fait que cet arrete s'applique generalement aux chiens, un chat pourrait etre saisi par 1'agent de controle des chiens, a la 13 (a) such cat is determined by a dog control officer to be diseased and/or injured to such an extent that the only appropriate and humane response is to euthanize such cat; and (b) having used reasonable efforts, a dog control officer has determined that such diseased and/or injured cat has no identifiable owner. 11(2) The contractor may humanely destroy any cat seized by a dog control officer pursuant to subsection 11(1). 11(3) Dog control officers may carry out an inspection upon any property for the purpose of seizing a cat pursuant to subsection 11(1). Enforcement 12 The by-law enforcement officers and police officers are authorized to make complaints to a judge of the Provincial Court of New Brunswick alleging that a dog has bitten or attempted to bite a person and commence proceedings with respect to violations of this By- law. Offences 13(1) A person who violates any of the provisions of this By-law is guilty of an offence and liable upon summary conviction to a fine of not less than one two hundred and fifty dollars ($250.00) and not more than two thousand one hundred dollars ($2,100.00). 13(2) If a person is convicted of a violation of this By-law, a judge of the Provincial Court of New Brunswick may, in addition to or instead of `M condition : a) qu'un agent de controle des chiens determine que ledit chat est malade et/ou blesse, a un point tel que la seule solution appropriee et sans cruaute envers 1' animal est d'euthanasier ledit chat; et b) qu' apres avoir fait un effort raisonnable, 1'agent de controle des chiens a conclu que ledit chat malade et/ou blesse n'avait pas de proprietaire identifiable. 11(2) L'entrepreneur peut abattre, sans cruaute envers 1'animal, tout chat qui a ete saisi par 1'agent de controle des chiens, conformement au paragraphe 11(1). 11(3) Les agents de controle des chiens peuvent entrer sur une propriete afin de saisir un chat, conformement au paragraphe 11(1). Application 12 Les agents d'application des arretes et les agents de police sont autorises a deposer, devant la Cour provinciale du Nouveau -Brunswick, des plaintes concernant les morsures et tentatives de morsure faites par des chiens et a engager des procedures judiciaires a 1'egard des contraventions au present arrete. Infractions 13(1) Toute personne qui contrevient a une disposition du present arrete est coupable d'une infraction et est passible sur condamnation sommaire d'une amende d'au moins deux cent cinquante dollars (250 $) et d'au plus deux mille cent dollars (2 100 $). 13(2) Si une personne est declaree coupable d'avoir enfreint le present arrete, un juge de la Cour provinciale du Nouveau -Brunswick peut 14 imposing a fine, order that the dog in respect of which the offence was committed be disposed of or destroyed. Administrative Penalties 14(1) The City may require an administrative penalty to be paid with respect to a violation of a provision of this By-law as set out in subsection 14(2). 14(2) A person who violates any provision of this By-law may pay to the City within 45 calendar days from the date of such violation an administrative penalty of one hundred and fifty dollars ($150.00), and upon such payment, the person who committed the violation is not liable to be prosecuted therefor. Repeal 15 A by-law of The City of Saint John enacted on the 24m day of September, 2012 entitled `By-law Number M-13, A By-law Respecting the Control of Dogs in the City Of Saint John" and all amendments thereto is repealed. 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: ordonner, en sus ou au lieu de 1'amende, que le chien qui fait l'objet de l'infraction soit abattu ou qu'il en soit dispose autrement. Penalites administratives 14(1) La municipalite peut exiger qu'une penalite administrative soit payee relativement a une infraction a une disposition de cet arrete, comme prevu au paragraphe 14(2). 14(2) Toute personne qui contrevient a une disposition du present arrete peut payer a la municipalite dans un delai de 45 jours civils a compter de la date de ladite infraction, une penalite administrative de cent cinquante dollars (150 $), et une fois 1'amende payee, la personne n'est plus susceptible de poursuites judiciaires. Abrogation 15 L'arrete de The City of Saint John edicte le 24'j our de septembre 2012 intitule « Arrete N° M- 13, Arrete concernant le controle des chiens dans The City of Saint John », ensemble ses modifications, sont abroges. 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 `V First Reading Second Reading Third Reading - November 5, 2018 - November 5, 2018 W1511 15 Premiere lecture Deuxieme lecture Troisieme lecture - le 5 novembre 2018 - le 5 novembre 2018 the City of Saint John as follows: A by-law of the City of Saint John entitled "A By-law Respecting Water and Sewerage" enacted on the 7t' day of June, A.D. 2004, is hereby amended as follows: I Schedules "A" and `B" are repealed and the following are substituted: SCHEDULE "A" Effective January 1St, 2019 Flat rate customers Flat rate customers Yearly $643.24 Water charge SCHEDULE`B" Effective January 1St, 2019 METERED CUSTOMERS - WATER SERVICE CHARGE Meter Size Yearly ($) Monthly ($) Bi -Monthly($) 15mm 216.36 18.03 36.06 20mm 264.84 22.07 44.14 25mm 361.68 30.14 60.28 40mm 475.56 39.63 79.26 50mm 1 948.72 79.06 158.12 75mm 1,971.48 164.29 328.58 100mm 3,428.52 285.71 571.42 150mm 5,388.24 449.02 898.04 200mm 7,742.40 645.20 1290.40 250mm & up 10,485.96 873.83 1,747.66 METERED CUSTOMERS - CONSUMPTION CHARGE Monthly (by m3) Bi -Monthly (by m3) Consumption m3 Rate $/m3 Consumption m3 Rate $/m3 For the first 50 1.6123 For the first 100 1.6123 For the next 124,950 1.0267 For the next 249,900 1.0267 For all in excess of 125,000 0.3623 For all in excess of 250,000 0.3623 Spillage 0.1100 Spillage 0.1100 IN WITNESS WHEREOF The City of Saint John has caused the Common Seal of the said City to be affixed to this by-law the day of, A.D. 2018 and signed by: Saint John decrete cc qui suit: Par les presentes, 1'arrete de The City of Saint John intitule « Arrete concernant les reseaux d'eau et d'egouts», edicte le 7 juin 2004, est modifie comme suit:: I Les annexes <<A» et «B» sont abrogees et sont remplacees par celles qui figurent aux presentes. ANNEXE «A» En vigueur le lel janvier 2019 Tarif forfaitaire pour les clients Tarif forfaitaire pour Tarif 643124$ les clients annuel 15mm Redevance sur 1'eau 18.03 36.06 ANNEXE «B» En vigueur le lel janvier 2019 CLIENTS AVEC COMPTEUR-TARIF DES SERVICES D'EAU Dimension du com teur Tarif annuel $ Tarif mensuel $ Tari bimensuel $ 15mm 216.36 18.03 36.06 20mm 264.84 22.07 44.14 25mm 361.68 30.14 60.28 40mm 475.56 39.63 79.26 50mm 948.72 79.06 158.12 75mm 1,971.48 164.29 328.58 100mm 3,428.52 285.71 571.42 150mm 5,388.24 449.02 898.04 200mm 7,742.40 645.20 1,290.40 250mm et plus 10,485.96 873.83 1,747.66 CLIENTS AVEC COMPTEUR - FRAIS DE CONSOMMATION Mensuels (par m3) Bimestriels (par m3) Consommation Frais Consommation Frais m3 $/m3 m3 $/m3 Pour les 50 1,6123 Pour les 100 1,6123 premiers premiers Pour les 1,0267 Pour les 1,0267 124 950 249 900 suivants suivants Pour tome 0,3623 Pour tome 0,3623 consommation consommation au -dela de au -dela de 125 000 250 000 Renversement 0,1100 Renversement 0,1100 EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arr6te le 2018, avec les signatures suivantes : Mayor/maire Common Clerk/Greffier communal First Reading - November 5, 2018 Premiere lecture - le 5 novembre 2018 Second Reading - November 5, 2018 Deuxieme lecture - le 5 novembre 2018 1 41 COUNCIL REPORT M&C No. 2018-329 Report Date November 15, 2018 Meeting Date November 19, 2018 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. • Amendment to A By -Law Respecting Water and Sewerage OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. A UTHORIZA TION Primary Author Department Head Acting City Manager Melanie C. Tompkins J. Brent McGovern Neil Jacobsen RECOMMENDATION That Council give First and Second reading to the amendment to the Water and Sewerage By -Law, By -Law No. M-16, attached to this M&C No. 2018-329. EXECUTIVE SUMMARY The proposed amendment to the Water and Sewerage By -Law introduces a definition of `By -Law Enforcement Officers" for the purposes of enforcement of the by-law under the Local Governance Act. It also amends the enforcement section of the by-law by adding a provision that allows a fine to be multiplied by the number of days an offence continues. PRE VIO US RESOLUTION N/A STRATEGIC ALIGNMENT N/A -2 - REPORT In order for the city to properly manage and enforce its by-laws under the authority of the Local Governance Act, it must have in place By -Law Enforcement Officers for this purpose. Section 72 of the Local Governance Act provides that a council may appoint by- law enforcement officers for the local government and may determine their terms of office. The current Water & Sewerage By -Law was originally enacted under the Municipalities Act. It does not include a definition of By -Law Enforcement Officers, nor does it contemplate that such officers may perform such functions and duties as are currently given them under the new Local Governance Act. The proposed amendment creates a new definition of By -Law Enforcement Officers, and gives authority to Council to name such officers by resolution of the council. Once named, those By -Law Enforcement Officers properly appointed by council have the authority, under the Local Governance Act, to send written demands requiring the remedial of contraventions to the Water & Sewerage By - Law and take action in the event that the violation is not remedied. They are also able to send notices of penalty under the revised enforcement regime of the by- law — which allows the city to impose and collect administrative penalties in lieu of prosecution (and related fines), thereby keeping as city revenues the full amount of the administrative penalty. Finally, those appointed will also be authorized to lay information(s) in the Provincial Court of the Province of New Brunswick with respect to violations to that by-law. The proposed amendment also adds to the by-law a provision which enables the city, when prosecuting an offence, to seek a fine that is multiplied by the number of days an offence continues. The authority to do this is granted to local governments at s. 148 of the Local Governance Act. This system of fines is geared toward deterrence, the intent being that the penalty related to an offence is directly related to the time during which said offence continues, thereby enticing those committing violations to reduce/limit the number of days during which they are in violation. SERVICE AND FINANCIAL OUTCOMES Under the enforcement regime of the Local Governance Act, the city is able to impose administrative penalties in lieu of prosecution, the proceeds of which remain entirely with the city. The appointment of By -Law Enforcement Officers for the purposes of the Water & Sewerage By -Law will allow Saint John Water to impose such administrative penalties under the by-law's new penalty provision. The administrative penalty under the by-law is $1,500.00 per violation. `RYA -3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The By -Law Amendment was drafted by the Manager of Legal Services for Saint John Water. ATTACHMENTS Amendment to the Water and Sewerage By -Law. BY-LAW NO. M-16 A LAW TO AMEND A BY-LAW RESPECTING WATER AND SEWERAGE ARRETE NO M-16 ARRETE MODIFIANT L'ARRETE CONCERNANT LE RESEAU WEAU ET D'EGOUTS Be it enacted by the Common Council of Lors d'une reunion du conseil municipal, The City of Saint John as follows: The City of Saint John a decrete cc qui suit: A By-law of The City of Saint John entitled "A By-law Respecting Water and Sewerage", enacted on the 7t' day of June, A.D. 2004, is hereby amended as follows: Par les presentes, 1'arrete de The City of Saint John intitule « Arrete concernant les reseaux d'eau et d'egouts », decrete le 7 juin 2004, est modifie comme suit: 1. Section 1 is amended by adding the following 1. L'article 1 est modifie par 1'adjonction de la definition: definition suivante: ""by-law enforcement officer" means a by-law enforcement officer appointed under this By-law and designated by resolution of the City's Common Council. (agent charge de l'execution des arretes municipaux)" ""agent charge de 1'execution des arretes municipaux" Agent charge de 1'execution des arretes municipaux nomme en vertu du present arrete et designe par resolution du conseil communal de la ville. (by-law enforcement officer)" 2. The following section is added immediately after 2. L'article suivant est ajoute immediatement apres section 1: Particle 1: "1.1 The City's 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 or the Local Governance Act." "1.1 Le conseil communal de la ville pent, pour des fins d'administration et d'execution du present arrete, nommer des agents charges de 1'execution des arretes municipaux qui exercent les pouvoirs et remplientt les fonctions que prescrivent le present arrete on la Loi sur la Gouvernance Locale." 3. Section 50 is repealed and replaced with the 3. L'article 50 est abroge et remplace par cc qui following: suit : "50(1) A person who violates any provision of this by-law commits and offence and is liable upon conviction to a fine of $2,100.00. 50(2) If an offense continues for more than one day, the fine shall be the fine established under subsection (1) multiplied by the number of days during which the offence continues. 50(3) A person who violates any provision of this by-law shall, within 20 business days after receiving a penalty notice from a by-law 50(1) Quiconque contrevient a une disposition du present arrete commet une infraction et est passible, sur declaration de culpabilite, d'une amende de 2100,00$. 50(2) Si une infraction se poursuit pendant plus d'une journee, 1'amende correspond a 1'amende fixee an paragraphe (1) multipliee par le nombre de jours pendant lesquels elle se poursuit. 50(3) Quiconque contrevient a une disposition du present arrete doit, dans les 20 jours ouvrables suivant la reception d'un avis de penalite emis par iU10.1 enforcement officer, pay an administrative penalty of $1,500.00 at the Payment Center, City Hall, 15 Market Square, Saint John, NB, Monday to Friday between the hours of 8:30 am and 4:30 pm. 50(4) A person who violates a provision of this by- law and pays the administrative penalty pursuant to paragraph (3) is not liable to be prosecuted for said violation. " IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the day of , A.D. 2018 signed by: un agent charge de 1'execution des arrdtes municipaux, acquitter une penalite administrative de 1500,00$ an bureau de perception a 1'H6tel de ville, an 15 Market Square, Saint John, N. -B., du lundi an vendredi, de 8h30 a 16h30. 50(4) Quiconque contrevient a une disposition du present arrdtd et acquitte la penalite administrative tel que pr6vu an paragraphe (3) n'est passible d'aucune poursuite a cet 6gard. » EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrdte le 2018, avec les signatures suivantes Mayor /Maire Common Clerk/greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture iRis7 1 41 COUNCIL REPORT M&C No. 2018-318 Report Date November 09, 2018 Meeting Date November 19, 2018 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Demolition of vacant, dilapidated and dangerous building at 112 Victoria Street (PID 379628) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Rachel Van Wart J Hamilton /A Poffenroth Neil Jacobsen RECOMMENDATION Your City Manager recommends that Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, to arrange for the demolition of the building at 112 Victoria Street (PID 379628), in accordance with the applicable City purchasing policies. EXECUTIVE SUMMARY The purpose of this report is to advise Council that a Notice to Comply was issued under Part 13 of the Local Governance Act for the building at 112 Victoria Street. The hazardous conditions outlined in the Notice have not been remedied by the owner within the required time frame and staff is looking for authorization from Council to arrange the demolition of the building. PREVIOUS RESOLUTION N/A REPORT Inspections of the property at 112 Victoria Street, PID# 379628, have revealed that there is one building on the premise; a three-storey, three -unit apartment building. Staff first became aware of the property's vacancy in February 2017 and began standard enforcement procedures. The property is located in the City's North End in an urban centre residential zone. The building sustained a fire on the second storey in September 2017. Damage caused by the fire has not been remedied. The building is a hazard to the safety of the public by reason of being vacant, by reason of dilapidation and by reason of unsoundness of structural strength. For the reasons described in the attached Inspection Report, a Notice to Comply was issued on September 19, 2018 and was posted to the building on September 21, 2018, as per section 132(3) of the Local Governance Act that outlines acceptable methods of service. The Certificate of Registered Ownership lists a company as the owner. The Notice provided the owners with 30 days to remedy the conditions at the property. The owner did not file a formal appeal and did not take remedial action to comply with the requirements of the Notice. A compliance inspection was conducted on November 5, 2018 which revealed that the conditions which gave rise to the Notice have not changed since the Notice was issued. Attached for Council's reference is the Notice to Comply that was issued and the affidavit attesting to service on the owner via posting. Also included are photographs of the building. The Local Governance Act indicates that where a Notice to Comply has been issued arising from a condition where a building has become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, the municipality may cause the building to be demolished. As required in the Act a report from an engineer is attached, forming part of the issued Notice to Comply, and provides the evidence to the building's vacancy, dilapidation, unsoundness of structural strength and resulting hazard to the safety of the public. A copy of the letter advising of the Common Council Hearing date and affidavit is attached; it was sent to the owner via registered mail on October 18, 2018 and was posted to the building on the same day. STRATEGIC ALIGNMENT Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law aligns with Council's Vibrant, Safe City priority. SERVICE AND FINANCIAL OUTCOMES As is written in the Local Governance Act that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior to starting demolition activities at the property. Total cost of the demolition work is approximated at $20,000 and will take about 3-5 weeks before it is complete. Staff will seek competitive bidding in accordance with the City's purchasing policy and the cost of the work will be billed to the property owner. If the bill is left unpaid, it will be submitted to the Province with a request for reimbursement. fi"M -3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Solicitor's Office provided ownership verification by obtaining the Certificate of Registered Ownership for the property. Additionally, the City Solicitor's Office registered the Notice to Comply with Service New Brunswick's Land Registry. ATTACHMENTS Notice to Comply Affidavit of Posting - Notice to Comply Affidavit of Posting - Notice of Common Council Hearing Letter Photos `W Parcel identifier: Address: 112 Victoria Street, Saint John, New Brunswick MMMMM�1;� Address: 61 Northumberland Avenue, Saint John, New Brunswick, E2J 21,2 (Loi sur la gouvernance locale L.N.-B. 2017, ch. 18, par. 132(1 Num6ro d'identification de la parcelle: I Adresse : 112, rue Victoria, Saint John, Nouveau -Brunswick Propriftaire(s) on occupant(s) : Adresse : 61, avenue Northumberland, Saint John, Nouveau -Brunswick, E2J 2L2 Local government giving notice: The City of Saint Gouvernement local signifiant Pavis : The City of John Saint John By-law contravened: Saint John Unsightly Prenzises and Dangerous Buildings and Structures By -Law, By- law Number M-30 and amendments thereto (the law"). Arrfti enfreint : Arret6 relatif aux lieux inestUtiques et aux b6timents et constructions dangereux de Saint John, Arrdt6 num6ro M-30, ainsi que ses modifications ci-aff6rentes (1' << Arr8t6 >>). Provision(s) contravened: Subsections 6(l), 6(2) and Disposition(s) enfreinte(s) : Les paragraplics 6(l), 6(3) of the By-law. 6(2) et paragraphe 6(3) de I'Arr&6. Conditions(s) that exist: The premise is unsightly permitting junk, rubbish, refuse and a dilapidat building to remain on the premise. The building h L being vacant or unoccupied and has ecome a hazard I the safety of the public by reason of dilapidation and 1-M reason of unsoundness of structural strength. conditions of the building and premise are described Schedule "A", a true copy of the inspection report d at S "-* ember 19-. 201 - lared bp Rachel Van Wart By-law Enforcement Officer, reviewed and concurred by Amy Poffenroth, P. Eng., By-law Enforcemine Officer. What must be done to correct the condition: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premises into compliance with the aforesaid By-law. In the event that the owner does not remedy the condition of the building and premises in the time prescribed by this Notice to Comply, the building may be demolished as the corrective action to address the hazard to the safety, of the Wblic and the yremisee, may, be cleaned up. WHOM NOUN 1 inesth6tiques en permettant la pr6sence de ferraille, de d6tritus et le bAtiment d6labr& Le bdtiment est devenu. dangereuse pour la s6curit6 du public du fait de son inhabitation ou de son inoccupation et est devenu dangereuse pour la s6curit6 du public du fait de son d6labrement et du fait de mangue de solidit6. Les conditions du bAtiment et des licux sont d6crites A I'annexe << A >>, une copie conforme du rapport d'inspection en date du 19 septembre 2018 et pr6par6 par Rachel Van Wart, IS, une agente charg6 de 1'ex6cution des arr&6s municipaux, revis6 et en d'accorde avec par Amy Poffenroth, ing., une agente charg6 de 1'ex6cution des arr6t6s municipaux. Cc qu'il y a lieu de faire pour y remkdier: La propri6taire doit restaurer les conditions en se conformant aux recommandations du rapport d'inspection susmentionn6 et d'amener le bAtiment ct les lieux en conformit6s avec I'Arr6t6. Dans 1'6ventualit6 que la propri&taire ne rem6dient pas le bAtiment et les lieux dans le temps prescrit par le r�ir6sent avis de conformit6, le bAtiment pourront &re d6molis comme mesure corrective compte tenu qu'il repr6sente un danger pour la s6curit& du public et les lieux pourront 6tre nettoy6s. Dans 1'6ventualit6 de d6molition, tons les d6bris et autres items sur Ics lieux scront dispos6s comme mesure corrective dans le but de rem6dier le danger pour la s6curit6 du public. The aforementioned remedial actions relating to the Les mesures correctives susmentionn6es relativement �4*t.�z e-Wc-carry-out clean- AJ9ol up, site rehabilitation, restoration of land, premises or personal property or other remedial action in order to reI-g-ji, iliminate the release, alter the manner *1 FUIUMir, VI UIC IFCIC;UhC IVI d-13 the environment or any part of the environment. a) The demolition of the building, clean-up of the property and related remedies must be complete, or plans and permit applications for repair related remedies, must be submitted: within 30 days of being served with the Notice to Comply. b) The repair related remedies must be complete within 120 days of being served with the Notice to Comply. Date for giving notice of appeal: Within 14 days of' being served with the Notice to Comply. Process to appeal: The owner may within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall - 8t" Floor, 15 Market Square, Saint John, New Brunswick, E2L 4LI. Potential penalty for not complying with noti within time set out in notice:2 Subsection I l(l) of fw .t jjl i terms of a Notice to Comply given under section 7 the said By-law, commits an offence that is punishab under Part 2 of the Provincial Offences Procedure A as a category F offence. I Where an offence under subscction I 1 (1) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph 11 (3)(b)(i), et autres items sur les lieux ne comprennent pas le nettoyage, la remise en 6tat des lieux, des terrains ou des biens personnels ou toute autre mesure corrective dans le but de contr6ler ou de r6duire, d'61iininer le d6versement, de modifier le mode de d6versement on le 1 6versement d'un polluant dans ou sur Fenvironnement ou toute partie de Venvironnement. a) La d6molition du bitiment et le nettoyage des lieux doivent &re compl&66s, ou A laquelle les plans et demande de permis pour les mesures des r6parations, doivent etre sournises, dans les 30 jours qui suivent 12 signification de I'avis de conformit6. b) Les r6parations reli6es aux mesures doivent &re compl6t6es dans les 120 jours; qui suivent la signification de I'avis de confori-nit6. jm,yr 1, =Ij q 1.- p jours qui suivent ]a notification de I'avis de conform -A6. Immm"W-C _ T*)WWI . jours qui suivent la notification de I'avis de conformit6, envoy6 un avis d'appel par courrier recommand6 A la greffi&e communale de la municipalit6, A The City of Saint John, tdifice de I'li6tel de ville, 8' 6tage, 15 Market Square, Saint John, Nouveau -Brunswick, E2L 4LL Peine possible en cas d'omission de se conformer aux exigences de Pavis dans le 16lai y imparti : 2 Le paragraphe 11(l) de l'Arrdtd prdvoit quiconque omet de se conformer aux exigences formul6es dans un avis de conformit6 notifi6 aux termes de Particle 7 de ladite Arr&6, commet une infraction qui est punissable en vertu de la partie 2 de la Loi sur la proc6clure applicable aux infractions provinciales A titre d'infraction de la classe F. Lorsqu'une infraction pr6vue au paragraphe 11(l) se poursuit pendant plus d'une journ6e, Pamende minimale qui peut 6tre impos6e est I'amende minimale pr6vue par la Loi sur la proc�dure applicable aux infractions provinciales pour une infraction de la classe F multipli6e par le nombre de jours pendant lesquels Pinfraction se poursuit c1nform6ment A Palin6a I I (3)b)i). cause the premises of that owner or occupier to be cleaned up or repaired, or cause the building or other structure of that owner or occupier to be repaired or demolished. Further, subsection 12(3) of the By-law states that the cost of carrying out such work, including g i fee, is chargeable to the 1wnm- [0) K41*1*Q I OJ Ud MKIN 0 (4 9 $1,7011W I I U.&MON a Ing I MAR "t— Dated at Saint John the I'l day of September, 2018. IN WON III gi�1111111 Signature of the officer of the local government: ..... .. .... .. .. . tertnes de I'article 7 de ladite Arr8t6 et, que le propri6taire ou 1�occupant ne se confortne pas A cet avis de coiiformit6 dans le d6lai imparti et tel qu'il est r6put6 confirW ou tel qu'il est confin-n6 on modifi6 par un comit6 du conseil ou par un juge en vertu le paragraphe 12(3) de ladite ArrW, la municipalit6 peut de cet occupant ou de faire r6parer ou d6molir le nt ou autre construction de cc propri6taire on de cet occupant, et les co�ts aff6rents A 1'ex6cution des ouvrages, y compris toute redevance on tout droit connexe, sont mis A la charge du propri6taire on de ]'occupant et deviennent une cr6ance de la municipalit6. Signature du fonctionnaire du gouvernement local: Contact information of the officer of the local Coordonn6es du fenctionnaire du gouvernement government: local: The City of Saint John 15 Market Square City Hall Building, I O'h Floor P. 0. Box 1971 Saint John, New Brunswick E21, 41,1 Telephone: (506) 658-2911 Fax: (506) 632-6199 Corporate seal of the local Notes: 1. All appropriate pen -nits mus legislation must be complied w4h required remedial action. IT , �177M.—Wmilul I all IT Adresse postale: Service de la Croissance et du D6veloppement Communautaire The City of Saint John 15 Market Square tdifice de 1'h6tel de ville, I Oe 6tage Case postale 1971 Saint John Mi If E2L 4LI T616phone: (506) 658-2911 T616copieur: (506) 632-6199 do gonvernement local is les permis prescrits doivent etre obtenus et toute la ion pertrinente, Boit etre respect6e pendant I*exdcution des mesures de remediation. 2. Payment of the fine does not alleviate the obligation to comply 2. Le paiement de I'amende n'a pas pour effet d'annuler with the by-law, standard or notice. l'obligation de se conformer 6 1'arr&d. A la norme ou A l*avis. 3. Costs become a debt due to the local government and may be 3. Les coOts deviennent une cr6ance du gouvernement local et added to the joint local government and provincial Real Property pcuvent etre ajoutds A ]'avis commun d'dvaluation et d'imp()t A ---------- _-.1 -___ — ___ 1_1 1 . .............. 1.12 Victoria Street20 _k`l Saint John, New Brunswick PID # 00379628 ....... . ... S t A n U w- d'! sl� Wffi c: el; 11 r! Inspection Date: June 27, 2018 Inspections Conducted by: Catherine Lowe, EIT & Rachel Van Wart, EIT Introduction Inspections of the property at 112 Victoria Street, PID# 379628, have revealed that there is one building on the premise (the "Building"); a three-storey, three -unit apartment building. Staff first became aware of the property's vacancy in February 2017 and began standard enforcement procedures. The property is located in the City's North End in an urban centre residential zone. The Building sustained a fire on the second storey in September 2017. Damage caused by the fire has not been remedied. The Building is ?- hazard to the safety of the public by reason of being vacant, by reason of dilapidation and by reason of unsoundness of structural strength. Discussion The Building is not in compliance with the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, By-law Number M-30, and amendments thereto (the "By-law"). Unsightly Premise Conditions No person shall periiiit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises (a) any ashes, junk, rubbish or refuse; (b) an accumulation of wood shavings, paper, sawdust or other residue of production or construction; (c) a derelict vehicle, equipment, machinery or the body of any part of a vehicle equipment or machinery, or (d) a dilapidated building. I . There is an accumulation of junk, rubbish, and refuse on the property. The items include, but are not limited to; fallen siding, shards of glass, charred woo(I plywood boards and other various loose and bagged garbage piled in the narrol alleyway between the Building and the neighboring Building located at 1 Victoria Street. The aforementioned accumulation of junk, rubbish, and refuse unsightly. I 2. The Building is dilapidated. The exterior paint of the Building is peeling. Siding at the front of the Building is deteriorated. The clapboard siding on the left and right side is rotting and has fallen off the Building in some locations. The front windows and doors are boarded. Windows on the left and rear are boarded from inside the Building. Many windows have been broken; shards of glass hang from the panes. There is a gap in the foundation on the left side which could allow animals into the crawl space of the Building. There is a hole (approximately I ft by Ift in size) in the right side wall of the Building due to fire damage. These conditions are unsightly. 11201MAMM= No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of being vacant or unoccupied. The Building is a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: 1. Buildings that are in a dilapidated condition and are known to be vacant can attract vandalism, arson, or criminal activity. They can also pose a hazard to the safety of the public and devalue homes in the surrounding area. In addition, this vacant building is a major blight, affecting the quality of life in this residential neighborhood and devaluing neighboring properties due to negative perceptions of unsafe deteriorating buildings. The City of Saint John Finance department confirmed that the water has been turned off since September 2017. Saint John Energy confirmed that the power has been disconnected since June 2017. 2. There is a higher risk of a fire event occurring at the property since it is known to the public that the Building is vacant and because the Building has previously sustained a fire. The Building was found open in June 2017 with signs of vandalism. In addition, to the left of this property are two vacant lots. To the right of this property is another vacant building at 110 Victoria Street. Due to the high volume of neighboring vacant properties, if an additional fire event were to occur within the Building, neighboring citizens may not notice the fire immediately. This could delay when the fire department is notified, providing more time for the fire to blaze out of control. If a fire event were to occur it could spread to the neighboring property and cause significant damage to the building. E. There is a concern for emergency personnel safety in the event of an emergency. If firefighters suspect there may be people inside the Building, it would be reasonable to expect they may be required to enter it. The second storey of the Building is unsound. There is a hole in the floor of the second storey and a hole in the right wall of the Building due to fire damage. Caution tape has been placed at the top of the stairs leading to the second storey due to its condition. The floor and walls are black due to fire damage. There is extensive water damage throughout the Building due to firefighting efforts. These conditions are not known to emergency personnel and would be extremely dangerous during a high stress emergency situation. No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. The Building is a hazard to the safety of the public by reason of dilapidation and by reason of unsoundness of structural strength for the following reasons: 1. The siding and exterior trim of the Building are rotten and deteriorated. Siding is missing in some locations and is hanging in others. Damage to the left side of the Building has been partially covered with a plywood board. Glass from broken windows is hanging from the window panes. Debris falling from the Building could cause harm to those on the property or pedestrians on the sidewalk. conctitions coil*_1111 ...... L III -LIVILWtaL119111 • 3. The owner removed the board from the front door to allow entry into the Building. A strong odor caused by fire damage could be smelled from outside the Building once the door had been removed. A fire occurred on the second storey of the Building and spread to parts of the first storey in September 2017. The damage caused by the fire has • • remedied, There is caution tape at the top of the stairs leading to the second storey due to its unsound condition. Damage was therefore observed from the first storey only for the safety of the inspectors. Black marks caused by ♦ and fire can be seen around ceiling light fixtures on the first storey. The ceiling of a front room on the first storey is severely fire damaged. Members and building materials in this area are black from being burned. There is a hole through the floor at the top of the stairs of the second storey that can be seen from the first storcy. There is also a hole in the wall of the right side of the Building. The hole is located where the ceiling meets the right wall of the first storey and extends slightly to the second storey. The neighboring property at 110 Victoria Street can be seen through the hole. These conditions have caused the front portion of the second storey to be unsound and unsafe. There is water damage throughout the first and second storey units from firefighting efforts. Water damaged materials that are left to deteriorate can lead to further dilapidation. Due to this, inspectors did not enter the second or thiri storey units. 4. The floors of the first storey are covered in debris from dainaged walls and ceilings. The debris consists of water and fire damaged building materials such as insulation, wooden members, and drywall. There are holes in the walls and ceilings throughout the unit. The bathroom of the first storey is dismantled. There is drywall and wooden members covering the floor. There is a large hole above the bathtub area and down the wall, exposing water damaged materials. The left front window of the unit is broken, shards of glass lie on the floor. The floor at the base of the rear stairwell appears water damaged. 5. The crawl space beneath the Building contains mechanical and electrical equipment, piping, structural support members and the foundation of the Building. Insulation from the walls and ceiling of this area has fallen and now lies on the ground. Wooden beams which make up the floor of the first storey appear to be deflected. There is a gap in the foundation on the left side of the Building that could allow animals into the crawl space area. Animals can cause damage, carry disease, and affect the quality of life of surrounding neighbors. The owner must comply with one of the two options stated below: Option 1: Remedy the conditions of the Building through all repair and remedial actions as follows: 1. The Building must be must be completely repaired to remedy the above mentioned hazards to public safety while meeting the requirements of the National Building Code of Canada (2010) as well as all other applicable by-laws. 2. The Building must be maintained, kept secure, and monitored on a routine basis while the property remains vacant or unoccupied. 3. A detailed plan must be submitted to the Growth and Community Development 4. The detailed plan, including schedules and any engineering reports, must be approved by the Department prior to commencing repair work. 5. A building permit must be obtained for any and all applicable work prior to commencing said work from the City of Saint John in order to comply with the Saint John Building By-law, By-law Number C.P. 102 and amendments thereto (the "Saint John Building B�y-law). 6. The premise must be cleared of all debris found on the property, including any and all rubbish that may be considered hazardous or unsightly. The debris from the premise must be disposed of at an approved solid waste disposal site, in accordance with all applicable by-laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. The premise must comply with all applicable By-laws, Acts, Codes and Regulations. IT'tion 2: Demolition of the Building and cleanup of all debris on the premise by complying with all the remedial actions as follows: 1. The Building must be demolished to remove the hazard to the safety of the publ' by reason of dilapidation and by reason of being vacant or unoccupied. I 2. A demolition permit must be obtained from the City of Saint John in order to comply with the Saint John Building By-law. 3. The premise must be cleared of the debris from the demolition and the lot must be made reasonably level with grade so as to not create a tripping or falling hazard. All debris must be disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, Acts and Regulations, Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 4. All debris that is currently on the premise must be removed and disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, Acts and Regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 5. The property must be in compliance with all applicable By-laws, Acts and Regulations. ................. .. Catherine Lore, loll. Technical Services Officer Growth and Community Development Services . . ........................ ........ .... Van Wzirt, EFF Technical Services Officer ............. ) -LY .�.e= ............ ..... ..... Date � D I - - - 1 1 W6103114011 along )kl AK, Ai,ny Poffcenru,.�, 1", Eng., MBA Building Inspector Deputy Commissioner Growth and Community Development Services Date CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN IN THE MATTER OF,rHE BUILDING THAT IS LOCATED A,r SAINTJOHN, N.B. ( PID number AFFIDAVIT OF SERVICE of'Saint John, N.B., Make Oath And Say As Follows: L I am employed by The City ol'Saint John in its Growth and C0111 11-1 Lill ity Development Services Department. I have personal knowledge of the matters herein deposed except where otherwise stated. 2. On at approxinalol) I L "' 'I, , I ALL , I posted a copy of the attached Notice to Comply, marked Exhibit -A- and Notice o,f Appeal, marked Exhibit"B" to the ftont door ofthe building that is located at z Saint John, N.B. Sworn To before me at the City of Saint Jobn. N.B,. on the 2 of' 2018 RAC HE L A VAN WART COMMISSIONER OF OATHS My COMMISSION EXPIRES DECEMBER 31,", 2022 172 (Loi stir la gotivernance lactile, This is Exhibit LX ft. 2017, ch. 18, par. 13 O) Referred to, in the AMdavit Of Parcel idcntifler:Cull 141)#379628 379628 "0 NjcWna, Saint John, 112, 114, Address: 112 Victoria S a . I Nimvemi0runswick New Binuiswick commissaw to a, 5 Owner(s) or Occispier(SY Nlafnc: vNB Fillet, prises Lld. ilddress: 61 Not-thuiribcdand Avenuo Sabo John, New Brnnswick. 1122 7H.2 j.,ocal governnient giving notice: 111c City of San" Join By -la", contravened: Sea int fiAll (111's4,41141, Preitfises and Dangeroils Blfildint,�v ond "S'll-ut"llo-es Hy - law Nulilber M-30 and ammiclumnts therellO (111c '_By- law-). PruplriWre(s) ou uccupant(s) � Nom : VNB laverprkes, tAd. Adirc"c : 61, rj\,enlic NC)I1111.1inberland, SAW John, Nouveau -Brunswick. 1,2J 21.2 Gouverneineut local signUbrit raos : ne cly of Saki John enfreint : AvrL`w j,t,jtjja,f tj,Ij,v lj,iyx inestlu'lique,s 0 MIA' beiihM,'111-S el t'()"80 11climis efilowereil'i, , de Saint Jolm, A rrtt � nUM&O M-30, ainsi clue SeS 11,1cidificatiC)lls ci-affO-etites (1' ,a aura -rite it 'rovisio n(s) contravene& Subsectioiis tn( 1 ), 6( ) and Dhposkion(s) enfreinte(s) 1,,cs paragraplics 60 6(3) ofthe By-law. (A2) et puagmphe CID de raTau. Conditions(s) that cAm: The pi-enfisc A unyo"ly by pennitting jiink, rubbish, refuse and a dilapidated building to remain on the prernisc, T'ic building has beconw as haard to We saidy of the pubhe by reason of being vacant 01' U110CCUrIiCd and has becuine as hazard to the SMAy of Ge public by reason of ddApidation and by reason of' tinsoundness of structural strength, 1"he cmWhkms of the budding and premise .rare described if' SChCdLllC -A-. a true copy ol'the inspec1W repm dated September 19, 21.118 prepared by Rachel Van Warm, L',17Y By-law Enfuremnent Officer, rcidewed and concurred in by fumy Ponbringiv R Eng, SAM Hnforcernent 001cer WtIat must he done to correct the curiditioic -tic owner is to remedy the c0l)(11tiOtIs by c0t"Plyill� with the mquiral reniethal ackins of the al0vinenlAwd hapechon ruport and brinp the building and pmmises into compliance with the ai'oresaid BY-Lm, Un the event that the (mviler does not ivnwdy the condition of the Wulding and prernises in the tirne prescribed by this Notice to Comply, the building maY be dern6lished as the colTe6vc action to adildem the hazard to the safcty of -the puhhc and the prmnkes nmy be clean wd u p, 4 We evenni of demohi&L A detwis and litems on The previnses Nvill he dispised of as the convcHve askm to address the Ward to We WAY of Ke PUW" Description de 1:1 ((jes) situation(s) ; Les fieux solit imsthdApes, an perrrvettant la I-,)resence de, ferraillc% Cie dclritils at 1e balinlent dlabre. Le bitinlent, em devemi dangemuse p(nn' la WWI du puldic du fait de Son in haboation ou de skill inoccup"'Itioll et cst devenu chngemuse pour 13 S&W-he, dU public dU f1lit de son (16,Litircinent el du fait de mancluc de sohdh. lxs cotiditisms du bAtIrnent at des lbux sont d6crites 6 llnmxc to A o), Line copic confornie du rapport d'inspection en (late du 19 septerribre 201 S el prQQ par RAW Van Wart, K une agetne chmT6 de 110culkin des atria ks, municipaux, revise ct Oil d'accorde avec par Ainy Poilinnidi, ing, une agente charg"c' qde 1,e\�cuhorl des arr:t6s Illunicipativ A Wil y as liell tic faire pour 3' rclljkfier: L'a propri6wire Boit restaurcr les conditions en sc cWwrivino aux ITCOMMitldati011S (ILI MilpOrt AmpeclJon susnivritionnO ci d0nener le bhhmcnt et Ics hews en cotfl*ormil6s avec ]'Arr�t� mns rvvntualiitc that ta propridthre tic reniddient pas le 1n,`et1111011 et ICS liCLIX (1,211S le teW]')S j)t_eSCi_lt ftar le present Ilvs de Coll 1,ornli ii�, le hAtimeril powunit 8tre d&mQ& Qomme imestire cormcdve coniWe Wnu qWil repre,senle un danger pour ki s&tiro& public at les ileum pourrow &1rc ticitoys. lims livemnaw (k &WAK, tours les air bris et autres hems sur lcs heux seix)nt disposes colmine lUeSUrC C0fTCCflVC darts le but de rernedier le dangcr 1)(itil' 1,1 S&01'h�Chi JXJNIC. The akwemcn6oned remedial ackins rekiiing to We Us nwmil-cs correctives SLISIY)Clldorui�es relativement ... � , � " I , 1 11 1 x . I b P r .. N!,! — i" ,, I- A;-_--.',.-., A—, gems on the prances do not include the UUTY-01,11 Mum up, site rehabUiIIHM restonition of buld, prendws or PeMMMI pmperty Or Othef. renic(lill at:Oon ill, ordo. to anner control or reduce, chmillale the release,, ']let' thm e ' of ,iensc or the release ofklny contanini.,mt into or upon tile environment or any INAII oft he environnicill . Date beillore which the anidition must be corrected: I a) The dollolition of, tile buildiripp, clean-up of dw pmperty and relmcd, remedies num p)c coliljflelc or plans ind perujit aippjjcjjjojjs for repoir related remedies, unuust be suhnime& within 30 days vfbein�! served with the MAIV 10 Omu& h) The repair rehiled remedies ulum be c011ildc w1hin 120 days of being served with the is to ('aunap V. et auircs ions sun- &S Itux ne Mullmn"! pas Ic, nettopy, 5 ro", ell &taj Lies hens. des terrains oil des bicils persminds on Unne Ouse menu re correaive (1,111s le ilklt Lie tm de r&luire. LfVisnioer le dvcrscnlall, Lie nlodifier le ulode Cie devcrselnent oil (Fun polhiant dans ()It snjr ou mum pnob de rowirormenlem. DiSlai imparti pour y renn6dier: ' a) La danolition du Ix"Rilucru a le nettoyage des lieux doiVC11t &trc a eautapalela e s, ou 'A latILIC11C les plans et dcrilande dc pennis pour ies Incsures ties r6parations, doiVent e l IT soumises, drins les 30 jguars qui suivent Ill sig,1101cation tic Vavis tic confonnitc'. tai Ims Qarations reliees aux, mesures th)ivent due conjAWes W les 120 jowi (Ni suivolt 11 Qui Pcm % de I V N Lie "m Rom M I)nte for giving notice of' apilwall Within 14 days of Date fill"ile fn)tjj• (looller I%jvis (11.1ppel: Darns les 14 I)ejuL, served w'iih the Notice Io Coiliply, p0111 -s qui Suivein la notification de I*avis de Process to appwk Tic Owner nmy within 14 days after having been served with this Notice to (Ampply, send as Noticc of Appeal by mostewd niall W flIC COnnuorl Clerk ol"I'lic City of'Sault Joint, (,'try Hall . So Floor, 15 Market Square, Saint John, New Brunsmick. F21, 41-1, PotentiM pa wlity for not complying Mth notice within time set out it) notiM' SUbscChOn I I N ) Of the By- UIV MatcS IWO as p"Mul woo IHS to c(Mriply whil [lie terms of a Notice to Comply given unhr section 7 of the said By-law, U""MAS all offelicc that is pumulable unifer Pwi 2 of' the Provinc,ial QllcnceProcvd'Wc ,Ica as a category V` offence, Whav an 0IF1411CC Under SUbSCCU011 i I( I ) connnues k ir Inol-e t11,111 (rote day, the n1joinjunt ("ine fliat may, be imposed is the mKimurn line set in' die 10"Mould (WAmuvs ProeNhow Act Rw a categmy F offetwe multiplial by the number (it' (hays duilnp which the ofthme c,Wn=s putymn"o sAparagraph I 1 (30)0). Processus d'appel : [.au loopl-jelOffe JICUX dans les 14 Qrs qui suivent hi notificalkn de 110 de envoye l.111 avis d'appel par courricr a 1,1$ Igreffiel-C C0111111LIffille, de ki municipakh A -nc City of Saint John, l"difice de IV&el (Ic Wille. 8" Unoe, 15 Market S(ILMN, S,'IiUt J01111, Nokiveatl-BRIHSWick, F,21, 41,1 116tic wissible en cars WoinkAun de se conflormer MIN exigences tie ravis Mansledkhd Y inliparti i -! I .e pj a -a grrlphe I I (l ) dc I'Ajrr�l& pr�vog ClUiconque Onia dc se c(qd`()l-jjjei- aux exigences Innuldes dans "n Hos de umjwmgnoflfi6 aauav ternics de I'article 7 de tadne Arr&,ias, coniniel uric infraction qui est at vertu de ha parlie 2 tie la Loi sla- let rmx ilifractiowls prol,mciah's a titre d'infractiorl de ki closse F, I XlT-SkjU'LJle i1fl-N-ACI i0ll pr6vuc all pal-agraphe i I (I ) Se pcqu-stul pell(ijut plus Wune journ6e. I'arnende Mmak qui pent We WqwWe est ramende linnimale pr&vue par W Loi sur hi 1mvedW, opplicollh" 4111"k, pj-r')vilrciflles JUAIr LHIC infruction de Im dame F multiph6c par le noilibre tie jours pendant lesquels l'infraclion se pouNtlil conihm6mon, 6 IWO I HQA) within the tune set ow in Me said Notice. dw Cly n%, cause the promises, (if that owncr or OCCUJ)icr to be cleaned up or repaired. or causethe k6kfirtV or other struclure of that owner or occupier to be repaired or demolished. 1"urther, Subsection 12(3) of the Bylaw mates that the cost of carrying out such Nvork, including any asstUated charge or fec, is chargeatfle w the owner or occupier and becomes H W1 due to the Cly. 4- - Dated at Saint John the day of SpAcniber, 2018 Local government: The City of Saint Jt)hn Tgnaturc of the Aker or the kxnl government wmws de 1 -article 7 de, latebra Artate et, qUe IC pnqAtake ou l'oucupant ne sae conArme pas A cet avis de con4iwW6 daris le delai iniparii el tel qU'il CS1 raptjta Ca)jIfil-111e, On tel qu'il est COT'Ifil-1116 OU rnodifi� par un cmukk du cotscil ou par un .pile en vertu, be ljamgmow 12Q) de Whe AWE 5 nwn&QMA& pent fide nettoyer ou r6parer les heux de cc propriOnire eau de co occupant cru de !.,tire reparer eau U1110hr Ic 11,fitinICIII, OU aLflre COWS11-LICticin de cc, propri6taire on Cie CO occuprini, el les QOa'jjs afj'6renis ,L 1"c-Necution des ouvrages, y ctmnpris iouic redevance on tout droit conuc,xc, $oIn nits ii la charge du propri6tairc ou de j*ocenparn et deviennew tine Wance de W ;nunicipahte. Fait as Saint John le septernbre. 201 S. Gouvernernent locale 1 lie is of AN John Qnawe do fonctionnaire (in gurouvernenlent lOcOl: Contact infortnation of the office,- of the local Coordonmies (its fonctiionnaire & gotivernement government. loca 1: Nallic: Rachcl Van, Wart, FIT Wiling address: (Owth and Ctrinnunity Developnic"It 'Services lie coy of saim John 15 Musel Square ("ity I ]all Building- 10"' Floor K (I Box 1971 Saint John, New Brunswick 1AL41-1 'FeWphoms (506) 6580911 IQ: (506) 632-6194 Corporate seal of the local govern N (it vs, t AH perrink ImEM lie 0 IcgiAmoit must he coinj1hed wklilh in the rctItnred renickhal action, Nom : Rachel Van Warl, IS Adresse jmsudw Saw, de W Cljossance a du lWeloppernent Con-unintautairc Thc City of Saint John, 15 N/larkcl Square U`Ai fice de 111(3tel Cie ville. I Oe ,ata ge Case pomale 1971 Saint John (Nouveau -Brunswick) E21. 4 1. l 'RL16phone : (506) 658-2911 Adresse Alcclnmiiquc� 'jasa -91 ')V&opiour : (5t.1 r1 (02-6199 can du gotivernement, local les : WN ks Pa"s PmCnis do6,cna �tre obacrikts' kq toutc to pertirwote dolt en -c respeo&e pcnikhtni I'c\eviihon dcs inQmjresd,: rema diaatamr. 2, Vaynwnt of the line does not WOW dw Wj6mnl O"n"Y 2, Le pajcnwli&, 11'£i pas pom, cfkl d'alimki. with dic slanthird or nwice, t'ohlig,niorl 6L� "C coildorincl, ia "I la nol'mc, o(ji ','a Favis, I Oms become as deW the adv ke QM pw"Umm and nmy he V LeN coMs dmcnnou une Waiwe du gommi-nmcni, tocal Ut -nnj�,Pn d'imp6t a(Wcd to the joint local government mid provinclal Rcnd Vropoi�, 01'c aimile" at VaOs coi A,wsc«�sjiicrn and Tax Notice, foo6er dcx loc;jl o TinwinciA, 112 Victus a Strut Saint John, New Brnns%vick VIN 00379628 %rillards Officer inspection Date: June 279 2018 t,,rr & Izachel %Qui Wart, EU inspect -ions (Zonduned by: Catherille 1,08", Introduction 111spcctions of the propcny at 1 F2 WON Met, [,Wi� 379(wD, have revcaled that there is one building oil, tile ffe'llisc ([Ile a thrue-smey, ghee -unit apartment lin, February 2017 and began building. Staff first bccan)c "'re prt)Perly s v'a acv C I - standard, enforeement Procedures. 'rhe pinmeny is 10.1m W the City's Norb End in an urban centre 1-esidenti�ll z0n`c� "'he 13"dirl g sustained it Circ ctrl the sce0nd Storey ill Septerriber 2017. Daniage Caused by tile fire has not been remedied. ['lie Budding is as hazard to We safety ofthe [)LIblic by reason ct'j-)eing vacant by rmson of dimpidmion and by reammi of unsoundness ofshachnal svengN Discussion The Building is rout in c(,,)nlpJ1ance with the saint dolm Uoighd - V Premises maulDar)gc,,rous Buildirigs and Str1O,':N0Vs W-h`W, By-law Number M-30, and amcndt-nums dwrao (be "By-law" Y Unsightly Premise Col , 1(fitiorks Subsection 6(1) of the 13y -taw statcs: No pel-son shall pernih premises owrled of occuiAcd by him tw her to bc unsightly by pernhuing to T-C[nam oil arly part of'such premiscs 00 any ashcs,junk' rubbish or refuse; an ac"irnuJaWn of mmod shavingm ,,,q sawdmt or k)ther reQue of production Or construction ,, (Icl.clict N,chice, etluipilletit, machinery or We body of any pan of at vellicle equipment or machinery, or as dilapidated budding, There is aln accumuktion of junk, rubbish, ;md rcl'usc oil the property. I hese items include,, but are nAA limhed to; hailers sidirdg. shards of' glass, charred Wood, Oywood boards and Wier various Imse anti bagged jpirbugc 111"I in the narrow alleyway between the Budding and the neighboring, BUJ(fing ]OCatCd a11 I dil WON sneo''I'lle atc)I-eniclitioned r[ecuriluhtion ot'junk, rubbisfi, and refuse is unsiglitly. 2, The Building is dilaodated. lie emenor pamt of dw Building is Peeling- Siding at the Mt of the BUildn'19 is detcri(,iraWd, 'I'lle Clapboard siding, on the lett 'and right side is ivtting and has fallen (AT the Budding in mmne loeMons. lie hunt whidows and doors are bo,alde& Windc)w,vs oil tile left and rear are boat-ded fron, inside the Building, Many windows have heel bnoun shairds of gkiss hang Rvm tile panes, There i~( it gap in the Cournhhon on the left side which CoUld allOvV aninials into the crawl space of the 13,ildy. Fllcl-e is as ('appi,(,)xiniately I ft by If! in size) in the right side wall of the UP.,tilding, (tile to fire daniage. ']'Ilcse conditions are unsightl Y. SUbs.echon 0(2) ol the fly-iaw SlWcs� Per peNun AM! pcmlit as budding or anther girilchwe owned or occupial b, the pemon h) becorne as ha/aNJ to alae SjfCjy of the pUbliC by reason of being Vacant or Ul10CCUj-)iCkL The Building is as hazard to the ^raat"ety of the public by 1-casoll of icing vacant or ulloccupicol lair the j'atioving reasons� 1. Buildings that aye in as chlapidaled condition ay1d are lcaatwwwaa to) be vacant call attract vandarisni, arson, or LXiMinal actkity, They, can also pose as lliizard to (tic sal'ety of' tile, public and dCVWuc homes in the swaiundim; area. in additioll, this vacant building is as major blion, Meting the quality of life in this residential neighborliood and devWuuy, ritighboi-ing im-opertics due 10 negative perceptions of unsafe deteriorating buildings, 'I'lle city (if Saint John Finance department Confirincol that the water has been turlicd orf ' sirice Septernber ?017. Saint John Enelly conrinncd tat be power has been disconneclvd since fume 2017. 2, Therc is as lligher r6k or as fire eveth Liccur&g at the pRjuny since A is known to the puMie Out the Buflzhn� is vacant anA RVILISC the Building has previously susmined as dire n The 1301thrig was 1`01-ind 0[1cra in June 2017 with signs Of v,nidalisni, In addition, to the lea of US pniperty are two vacant lots. TO the right of dis pRMeny is atumher vacall WAS at i I r,) victoria Strocj� Due to the high volume of neighboring vacal't properties, if an additttMal tH-c event wcre to occur within the Budding, neightwing citi/.cns nlay not noticc the fire inlillediately. This couki delay when die We department is notified, provAling Tartare thnc for die Eye to blaze out of cmUml. if as fire event wcre to OCCUr it Could Spi-Cad to tile neighboring property arld CJUSc, significant daimqgc to the budding, 3, There is aconcern Ar cincr-gency persolincl �safcly in the event of an cllicrgcncy. If firefighters suspew them may be people inside the Budding', it would be, reasonable to expect they may he required to ewer it. The second storey offlic Budding is unsound, Here is as We in the Osmir or the second stonvy wul as hole in the right waH or the Budding due to Ere darnagon Quition tape has been pfaced at the top WAR stairs lealng ") the second Wvy due Io As condi6on. The t1oor and walls are bkwk due to circ; damage. There is exicilsivc water okunage through(Alt die Building, due to drerighting effin-ts, "vicse conditions are not known to emergency personncl and would be extreinely al ulgerous during as high stress enwrgency siWaYn. Dilapidated and Structut-afly UnS01,111d Biailding C.onditions Subsection 6(3) ofthe By-Liw states No person shall pernih as budding or oWwr stwculre owned or occupied by the person to become a hazard to the SUtjjY ()f the public by reason c)f dilapidation or unsoundness cal SLruclural slreq3h. The Building is a hazaal Io die safity of the public by reason of dilapidation and by reason of unniundriess of structural strength I"or the following reasons: 1, The siding and exwrior Ku oftho: Building are rotten and detcriorated. Siding is in&Mng in some locations anti is hanging W others. Damage to [lie Ick side of tile Budding has beat partially covewd %Wdi as rilywood board. Glass froul broken windows is hanging Rom the window pancs. DAN falling firm the Builtling could came haat-m to Me on die pnqurty or pedestnins on dicsinfewalk. C()n (I I Ito I IS C() u ILI I, r ILI I L I L compt,onumng the stxucuwal integnty of the 1-3midirig, 3, Tile ()Wner renlOWd 111C t)Oat,k] froju tile front door to allow cilt"Y into thc Building. A strong otior ca"ed by the damage, codd be smelled from (Wide the Buillng Once the door had Not renlovcd. A fire OCCUrred 011 the second storey of the BuiWing atul spread tu pans of the fIrst slorcy in September 2017, lilac damage came(f by the fire has nto been rernetbed. Iverc is caution tape at the top of the stairs leading to the scCond storey due to its unsound condition. Danlage was therefore observed frol 11 tile first storey OrIly lor tile safety of the Inspectors. l3lack marks caLNed by stricke and fire can he smn around c6ling light IRMums Or' the first sh,)rey. The ccihnr ,' of, as fr(Intrr,a:ataaL)n tllc tit-st ,storey is scvercly fire damaged, Mcnibers and buildin�', MatCri,AIS it, Clis area are black, front being, burned. jjlej'-e is as JJOIC thrOUgh the floor in die top OF the SWNS Of the szcond Morey that can he seen Porn die first storey. There is list) as htfle ill tile wall of tile right Ode of die BudIng. The holc is locatc(l wljcre the ceiling, incets the right wall of the first Storey 'nid cXtends slightly to the scCond storcy. The neighboring pnqcny at I lt:1 Victoria Strect can be se" thro"Igh tile 11cile. 'the'se Conditions haVe CaUSCd [he liVIlt 1)01-6c)n, Of the Second store y to be UTIS'011,11ld and unsafe. There is water damagc thnnIghow the First and second Morey units W1 firefighting efforts. Watc r darnagc(I njaljct-iajs deal al -c jers to deteriorate can lead to further dilapidation. Due to 1%, inspcoors did not enter the scco,nd or third storcy remits. 4'Tile floors of Ihc first storey eared C01\10"Cd ill tjcbrjs fi-om (Larnaged walls and WIN& The deb6s consims of water and Ac damaged budding inaterials such "S C c -1 and jnStilatje,�)Ij, W()o(jC" MCM&S, and LKYWal FlICI-C al- hOl S ire t1le walls , ceilings throughout the remit, Hic bathroorn of first storcy is dismantled, There is drywall and wooden I'llembers tile v is as Jorge ho, le above the bathtUb area and down the wait, exposing water daillaged materials. The left f'ront window ofthe unit i5 Men shards of glass 10 on the JQn, 1% Boor at the base or the ruar stairwell, appears water darnagcd, 5, The crawl space hencath the BLAlkhng "MWFIS to kXhalliCal arld clectrical cOpment, piling, strucanal suplm)rl membe" and die foundation of the Btailding, Inst,dation front We %wills and colbg of this, area has UK and I= lies on the ground. Wooden bearils which make up the Boor of the first Storey aInvar to he deflected. There is as gal) in the llowidation on Cie left We of the Building that could allow aninuds MY) the crawl space area. AnNials can catze damage, carry dicaso and aHict the quality oflite ()fSUI-R)LJnding Requkul Remedhi AcHons The owner inusl conMAy with one ofthe imy qitions snaed below: Codan 1: Rmllcdy the conditions of` the Buillng thnmgh all repair and remedial actions as WHO= The Budding must be mum be umnriltely rcpaired to remedy the above mentioned hazards to pubhc safety wilde rite cting the Ie-quirellico lits of rile National Ruildbig (7o,de ql ('amuhr (20 /0) as well as all other aM&WaWe bylaws. 2. The Building niust be maintained, kept secure, and irlonitored oil it routine basis while the propelly renAns vacant or uniwcupmI. I A dewiled lion nuirst be YuNnWed to IS Wwdi and An-rimunity DeveltImnent djn,,1 sclIctiLlIcs jn�l Iny c1ly I'll L 4, The detailud Plan, mc,dU s, ist Me ,lj)j)l-OVCd by the EfcparUnel- pOor to conunencing mpal work I A bulkling penwit mum bc obtained Aar any and all apOWN mami prWr U) comnwncing said %wwk 14ml the OIV N'Rint .Iohn, in order to Comply with the Saint john, Bailtfinor,, By-law Num her C,P- 1 Cl2 and thereto ([he 'suint.hWin fluileling, 6. "]'lie Premise Must he c1c""I of aH dchns town d on tj-je prrcapaawrTty. illCkldifl�.,' slay and all rubbish thut may bc consj&t-etj i'laZartl(ruS' 01- LMsihti . -FhC debris froll'i L-1 Y 'tile premise Illust be disposed of, at an z'ipproved sohd waste dispos"d site, its. accordance with aril al)PhcahC by-LIWI acts ,and reppin6ons. Docunlo"ed pmof, that cicarly den-lOrlsil"Ites, an approved Solid w,,istc disposal Site Was Used For the dispmd o orduW-is, must lie provided to the Deparnl"e'll. The 111-c"lis'e "'us' c 01"Ply with all al),)licable 13y -laws, �\ctt (Ades and Rxgulmimw Option 2: L)emolition or the Building and LICUMUP cat 111 d briS trrh the preintse by con-loying w4h all the remedial actions as THOWS: 1, The BudIng must be demohshed to MnWVc the hazard to the S'Ifety oj, [lie pumic by rcummi ofdilapidalion =1 by rvastin cry wing vacant or un0CCUj)iCd. A demolkition pennit rnwt be obUln)ed From the City ot, S;,lilll John ill order to Comply With the sainr.Jo hrl Builtling Hv4to%', I The luenbse inmt be cleared of Ow LOW Fivni dle deMok&n MKI he IM Tnmt be made reasonably level with grade so as k, not create as tripong tar WiLing hanlrd. All debris naau,stT be (fisposcd of' at an approved so4d %now dbyBal site:, omd ill accordance with aH applicable By-laws, Aos strand Regulations. Documented pj.()trposal site was Lised for f, that clearly demmistralus an apprtwed sW id muste (ji�s tile disposal ot'debris, inust hC provided to tile Dv�)arl ul C1 it, 4. pil debt -is that is currently 011 the prenike must be removcd and disposed chi' gat an appmved solid waste diqxosd site, and in acuMnce with all apoicable Bylaws, Acts and Regulations. [vocumoned lNiM that cearly dernOlistrates all UpprOvCd solid waste disposal We MMS Usal W the dkpos�il ot'cictris, must bc provided 10 the Deparllllcnt. 5. Themupeny mum Inc, W umnaimwe worth aH appHcable By -lawn Aels ami Rcgulations, Prepared by; Caffict-ine Loc vc, ETI- "Fechnical services OFficer Growth and C",ommullit)+ Dcvelom"Ic"t Services ............. Skadwl Van Warb Eel 1'echnical Scrviecs ORicer Daic 7 '.n Date JfCVJCWV�(] L)y iJJJCJ CojjCUHk;U M Ll.)' % Anly Poffenir /I," P, Flne, M13A Building InspcclM, Deputy Com m Issim"cl- Growth and ("'onimunity Dcvc1opille'll SCTAACQS Date File N,o,: I BETWE.EN: c.N1-22,s.190.021(l)) Jomof Oaths ch. NI -22, pur. 190.021(l)) N" (ILI LIOSSiCl'�' Appellant(s), THE CITY OF SAIN'TJOHN, Respondent Parcel ldcritifier: PID ft Parcel Address., Owner(s) or Occupier(s,): Narne: Address: Telephone: Name: Address: f-', N'S R H � Appelant(s), 'TTIE CITY OF SAINTJOHN, NUM&O d'identification de la parcelle: ft NEIL Adresse dc hu parcelle � Propricwire�s) ou occupant(s) - Nom Adressc ,r&i&pfion(:: Nora : Adresse Telephone: __ . . .... . ....... ---- . . . . .. .. . ............... — --- 1,61611hone- that has becil given under section I 90O 11 of the AluolicIpulities Act and appeals to, thc Saint Joh", Substandard h-opel-lies Al,?peal Committee, The appellant's grounds for this aplival arv, tris I'oUows (,�ej out the,growuh cheal-O hul 1WitJ6`): Dated at 2018. 1'aViS LjUi a �t�, notiI16 aux termes de I'art icle I9 I I Lie la Loi sut/es et fait appel au Cofnite' d'upf"wi des pr-opricW.y iqfi'ric"ums utox not-nze,ti Cie Saint A 10 1, L,es jjjOjij,, Lj,appej (le rappekint(s) dans le pr6sent appel NODI 100 SUiVarits (e^,nwlce) COTIC'1,841) : the (lay of' Fait uI Signature ol'owner 01- OCCLIPteT The appellant(s) intends to proceed in the LLq_v,-Ijsh or French language (Please t.°heck Me appi-opl-iate box). your~'" otiee ol'Aj,?I�)eed h�v regislered M(jj/ t(,) the ch,,rk The CitY (Jf Saim John wvithbl jbuneets (1 4) days alfier� having been, giuen the nutice al tht,,, f6flowing addt-ess: Common Clerk's OfI ice 15 Market Square, City Hall BuildHig, 8"" Floor P. 0. Box 1971 Saint John, NeN,%, Brumswlc� E2L4Ll Telcphonc: 506-658-2862 Tcicwpicr: 506-674-4214 Notes: 201 8. SignatUre du propri6taire ou I'Occupant 11111tention d'utiliser ]a lalIgUe fEan .41se OU qqgjaise (Veuiflez cocher la cu.ve V'euilea z,fifire parvenir twtre AOS d'eIIj)1)eIlacer )TCIOIIIJIMOMIIau scci-t',tuire de 7he (7ity QfSaint John dcuts les qwum,-ze (14) jours qiii suivent la nolUiCation de, I e'i I 'adi-e.,s-,se ,Yaivanle : BUIVULI dU grufYier cornmunal I 15 Market Square, Edifice de 1116tel de ville, 8'to Case postai e 1971. Saint Jolm (N0Uveau-BrUHSNIViCk-) F -H, 41A 'T�1011olle: 506-658-2862 Ti I&OJ)ICUI-: 5U(J-674-4214 Omm 1. A notice that is wt appealed withinfimrieeit (140 1. tjil avis Lima H ;i*cst pas iritcrjet6 appel darts les may be represented by counsel. 3. On all appeal, tile Stliffl' JOhn SUbSt"MAOd Appeul Coinmittee may confirm, rflodify or rcscn-id the notice or extend the time for complying with the notice. 4. The Saint John SUbStMI&O'd PMPLtlics Committee shall provide, as copy of` its decision tca the owner(s) or occupier(s) of tjlc pl-cillises, building or structure who brought the appeal witfiln fimneen (14) days after making its decision, 5. The owner(S) Or occupier(s) provided with as copy of as decision from tile Saint John Substeindat-d P),operties Apf)eul Conunittee may appeal the decision to at judge ofThe Court ot'Queen's Bench of New Brunswick within Piirteen (1 4) dtqs after the copy of the decision was provided to the owner(s) or. Occupier(s) on the grounds that (a) the procedure rCLluired to be CoHowQd by tile Municilmlifies Act was not followed, or (h) the decision is patently unreasonable. (ont) Ic droit (J'GVC el"IteIRILI(S) er PCIA(Vellt) Se Talre rcprescnter par un avocat. 3 I n- . Lors Tun appel, le Coinile (PUPPel cks P1'011`i� 'S mprieul-es aux P01"Ones tie Saint John P con riper, r'nodifier ou 'II1r1LI1C1- 1avis eau proroger le Mai pOLIr S'Y COV16ormer. )P 1�rieures aux µl.Le Comd� &4q-'q)e1 deS Pr" t�icWv in tic Sclinj John doit fournir une copie de sa d6cision :au x) proprietalre(s) ou d 1'occupant(s) des hCUX, CIU bitfirnent cru de [a construction qui lui a(ont) intcrjet� appel dans les quatorze (14) jours suivant [a datc is laquefle it as rendU SA &CiSiOrl, S. Le(s) propri�taire(s) ou Poccupant(s) A qui une copie d'une dkision a i1Cournie par le Comite &oj�pel (les till.v not -mew" de Suint John Peut(Vent), dans les qtmtorze (14) jours qui suivent, interjeter -appel de la d&cision devant un juge de la Cour dU Banc & la Reiric du Nouveau -Brunswick au motif LJUC (41) ta demarche "I SUiVrC en vertu de la Loi .suer- les rrtrrrarc°a"irc;rir"ta ti` n1a, pas arta; suivie, Ou (b) la olc°cisiori est III Wli tcSIL 111CM d6r,6,4-10111111WO. CANADA PROVINCE OF NEW BRUNSWICK COUNTN'OF SAINT JOHN IN THE MATTER OF THE BUILDING THAT IS LOCATED AT "I IG 1SAIN'TJOI-1N,N,l3.(PlDnurnber 5 1 AFFIDAVIT OF SERVICE 77 -, ofSairit John, N.B., Make Oath And Say As Follows: 1, 1 am employed by'flie City ofSaint John in its Growth and Comni unity Development Services Department. I have personal knowledge ofthe matters herein deposed except where otherwise stated. ,21 Oil t -o. pos exi a copy of the attached Notice ofCommon Council Hearing Letter, marked Exhibit -A- to the fi-ont door of the building that is located at 1, j Z> John, N.B. Sworn To before me at the City of Saint John, N.B.., on the day of 2018 .... . .. .. .. . ........... . . . . ......... . ....... . . RACHEL A VAN WART' COMMISSIONER OF OATHS MY COMMISSION EXPIRES 184 DECEMBER 313T, 2022 ry Ple city of Saint John October 18, 201 Case Number: 17-0081 Pc"Mitting, & Inspection / Sci-vice, des inspections et de 1'al)plication By -Law Enforcement /Service (I'Application des Ar rk6s Municipaux PIUMV/1'0: (506)658-2911 FaX 1'1`616c: (506) 632-6199 VIA REGISTERED MAIL %7118 Enterpriscs Ltd, 61 Northurilberland Ave Saint John., N13 r�.,,2.1 21_2 Dear Sir/Mad,,im: This is Exhibit Relerred to in the Affidlavit ot of COm lissioner of Oathis NOTIC'OFCON�IMON COUNCIL 11 l,"AR] NG Re.- Property I ocal ed at 112 V i ctorl a St, PID i40(,)_'179628 a Dngerous and Vacant Building Program On September 19, 2018. as Notice to Comply was issued f'or (lie above rilentioned property vv hick required remedial action to bring the building and PrCillises into conipliance with the S'ifinl,fohn L'nsightlY Premises tintl Derr geroj,rs Bijilelil7gs t,,pj(,1,9n,w1u)-es Bl,luwThe Notice to C0,11ply was posted to the building oil September 21, 201 S. 1 -he l'ourtecri (14) day appeal period has now, expired. "I'lieref'ore, a compliance Hispection will lie conducted on Noveniber 5, 2(118. Uthe propel-tv is lot ill conipliarice v0th the al'oresaid By-law at the time ell" the inspection, City Stafl'will be atte'riding the Corililloll 'OL11161 meeting scheduled on November 19, 2018 at 6:00 p.m. to recommend that the bUilding be demolished, Please be advised that at this meeting, ),,()tl will have the opportunity to present evidence to the contrary. 1l',),'0L1 have any questions, pic,ase do not hesitate to contact me at (506) 658-2911, MJ(" Rachel Vail "ah, Ell' l-echnical Services Officer F,,.OBox 1971 C-R 1971 Samjol-m, NB Saint ft,)hri, N, 8 ( ear ada f A 4L1 Carmida E21 -It I S A I NT J011'1 N vvww,samnqohn,(.a 185 I I I I I I 6 0 1 1 0 CL 1 41 COUNCIL REPORT M&C No. 2018-319 Report Date November 09, 2018 Meeting Date November 19, 2018 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Demolition of vacant, dilapidated and dangerous building at 194 Guilford Street (PID 362335) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Rachel Van Wart J Hamilton /A Poffenroth Neil Jacobsen RECOMMENDATION Your City Manager recommends that Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, to arrange for the demolition of the building at 194 Guilford Street (PID 362335), in accordance with the applicable City purchasing policies. EXECUTIVE SUMMARY The purpose of this report is to advise Council that a Notice to Comply was issued under Part 13 of the Local Governance Act for the building at 194 Guilford Street. The hazardous conditions outlined in the Notice have not been remedied by the owner within the required time frame and staff is looking for authorization from Council to arrange the demolition of the building. PREVIOUS RESOLUTION N/A REPORT Inspections of the property at 194 Guilford Street, PID# 362335, have revealed that there is one building on the premise; a three-storey, wood -framed two unit building. Staff first became aware of the property's vacancy in June 2016 and began standard enforcement procedures. An internal inspection was conducted on June 9, 2017 which was followed by the property owner obtaining a building `11106Z.1 -2 - permit to demolish the rear ell and complete renovations. As work was not completed, an external inspection was conducted on September 12, 2018 with the property owner. Interior conditions have worsened since the internal inspection in 2017. The property is located on the City's West Side in a mid -rise residential zone and is currently listed for sale. The building is a hazard to the safety of the public by reason of being open, by reason of being vacant, by reason of dilapidation and by reason of unsoundness of structural strength. For the reasons described in the attached Inspection Report, a Notice to Comply was issued on October 4, 2018 and was posted to the building on the same day, as per section 132(3) of the Local Governance Act that outlines acceptable methods of service. The Certificate of Registered Ownership lists a company as the owner. The Notice provided the owner with 30 days to remedy the conditions at the property. The owner did not file a formal appeal and did not take remedial action to comply with the requirements of the Notice. A compliance inspection was conducted on November 5, 2018 which revealed that the conditions which gave rise to the Notice have not changed since the Notice was issued. Attached for Council's reference is the Notice to Comply that was issued and the affidavit attesting to service on the owner via posting. Also included are photographs of the building. The Local Governance Act indicates that where a Notice to Comply has been issued arising from a condition where a building has become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, the municipality may cause the building to be demolished. As required in the Act a report from an engineer is attached, forming part of the issued Notice to Comply, and provides the evidence to the building's vacancy, dilapidation, unsoundness of structural strength and resulting hazard to the safety of the public. A copy of the letter advising of the Common Council Hearing date and affidavit is attached; it was sent to the owner via registered mail on October 18, 2018 and was posted to the building on October 19, 2018. STRATEGIC ALIGNMENT Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law aligns with Council's Vibrant, Safe City priority. SERVICE AND FINANCIAL OUTCOMES As is written in the Local Governance Act that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior to starting demolition activities at the property. Total cost of the demolition work is approximated at $15,000 — $20,000 and will take about 3-5 weeks before it is complete. Staff will seek competitive bidding in accordance with the City's purchasing policy and the cost of the work will be billed to the `LOtl -3 - property owner. If the bill is left unpaid, it will be submitted to the Province with a request for reimbursement. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Solicitor's Office provided ownership verification by obtaining the Certificate of Registered Ownership for the property. Additionally, the City Solicitor's Office registered the Notice to Comply with Service New Brunswick's Land Registry. ATTACHMENTS Notice to Comply Affidavit of Posting - Notice to Comply Affidavit of Posting - Notice of Common Council Hearing Letter Photos `RU] (LocoO (im,ovrrwnve Act, SA.H.1 2017., c., 1,8, s 132( 2)) Parce,1 I'denrifilier: PID 11362305 Addre, : ('kifl lbrd Strecto S'nint.1c.1hr"I. Kew Brtolswick 0mromr(s) or OccvVJer(s): Kawe: Nic&Way Realty Corp", A%= 127 Sugmen WA, Wmmnim, AN= 11 X OLS OLA (Loi sfir I—N.43. 2017, it -h. 18, tm r. 13(1)) Nunt�,,�jry tic la parcelle � M 13 : 3 62135 Ad rogso , 194, Ive; (AANK SAA jd-n, N ILAI k -CU U 1, �'TIJTISNv kk oll Oeellpalvlt) � Memo ; 127, Seagreei�t Way, Ufiesierivwru, Arxion II X OU 11,40"cal gover,1111"0ent gjUng 111', tie'The Cily� of Sawl Wryerneumew—local xkwant ra"s : lie (Ty a John Son"Ohn Hi-hmw vwitravenv& AW 1911 thwjhv I'tcwnsts ernel Dao'qgea°"Oos Bjwhfirlys a"?d Sh'aciforcy OP-10mv. FTY- lavi Nijirobcr N100 aml nmuAments lherc','o (the "Fly- law-), ArrHd enOdnt , Arj,�J4,,a rwhaif(,vex la"Oo, efa;.I: P,,mhnaw w c0awnwous 4IN"Ivue rKohn" A& u, A r 0 Ic nunlm�e,ro, )4-30;rin:ai qp,e W,� wc Arr'6)"'), Proyhkngs) coahvvenp& Subsoclions 6(l), 6l 2"w and tkpaWdopos) vuh-vWC(S), : I—es jxanr'grapllru� 6( 1 6(3) ofthe 6 2) ei punigra,pho f)(3) �.lo ['Arv,4� 10andhi00nOW dMI OW Ile pimmake is unsWhOy b.y pt-r-wit[Jiqt jonk. rubbish, reluse and a dhapidaued building (o renutio"I orl 11to T`10 buildirig has to dw hIlly of thc pul.,Oc 1-�y' reiason of being vacant or umoccupied and has b=rawnro lmzud No flic s,;tkqy N"'Ir 11,1c, pul"llic [ly of&JhCpkfiikor% and 1,y ft,N,PX,--1n (0: of slrcnth, 1"he wmillms or Me buJUKg and premkore described in WhOde Wa Inie copy (,),r HrQ mpon dm, d 004cr 3. 2018 pmpwcd by QW1 Van Wan, EIT, 13, law EnWrovmcni 011icer, reviewod and concurred in by Amy NOW, K Enj, Byhw Eninvomm (Shcor, ","hat autiso be done W eorrref the condHiwc Alkz Owiwr is to runwQ.- thc condlitiorts by comrdying with the requipod ivnicehal actUrs pf Ic aWntentional kupecton repon W bring the Wding and prcniim,� irato lunlcv A"iih I ptc 13y - lit the eveM IhA 11ue ownor does mW romedy be condiGoon f 14" the Indtding arm! promises 41 ph(;� 6wric lyesuibed by 1% Nolice Ki Comply, OR, huHAng juay be Knol,ished as tho coriecrivv at,.,jomo, 14 ardlpr.ppa, A Am haard lo A mthiy CA 1ho Public vad the pr -a:- ldw nmy bc, clo"'iticAl vnjl, In OX' O-Nvlul Of de[TH)hOrm, 011 41ebtis aml Wx on Me t),-L:u,j%es vvoi bc� dwsmi or as the awNQAvc achor to Ike wriptikjq't de In (des) sittrifion(N) ,Les hcwp� Sont WANQuos wt pummum !a pKence ch furrW11u, de d6Arkus et J,Q 1.i�Ihox,ofl� Le hilfinwnt em dawnu dun2crcuse, pww W securke dU 10.11351 Chl harp de sat klabi1alk,!m I,oti cle son i:n,(x:cLqxo1i:1)11 cl a,,St devenu dringarcuse pour la SKOW IAL PU% &W Njt do not dMmum m du fail: dc ni;,-,in(:jix de WWU5, Inscromr,101,onsalso 1,1�11irneffl el d,cshQux, sclv, °1 Ilmnexe a A 0, one copra cla rappm crinspecis, on date dit I mAcRire 2018 et 74paii par RAchol �,,pj,C pS. jjroAagcnk, chalg'; d'c 17OWUNI ties al%68 trawd6pnUx, rKS4 Oerl dFuevande Pvcc par Amy PaRbook ing, we agm: %Q de Nxdcuiion (Jes, 0, 4,11,0'il '), :1 Heir, de fairy pour y I.C1116divv "La propriactire d5l wMatucr les condClunin an sQ cop KnWaA aux rMtonmratuhtticnis du r�l 1:1W)rl d'inspeclion sum"Woruh et "arra w'rew 1r Iw11twlrw�Iw'1 los Helix Cn rivec 1kWS I &'ven 141.d i((Itle 1w 1-01:164111 pars lam Khrumm ut Ws licum dams to winpg prcWt par k,,,, prdsent Ws de le N""'Itit-ricril, pol,trrolo; 611,0, t,lbnok conow monue cormchve contrae ton, qW i I nq%xpain un danpr pfatr 1,a s6c:ttrii6 do pul:flic- ci; Il c's J')k )°Cno)ni v e;"ooloy,6, Was 16vallklaliil6 de h:lus les el autres We sur les 1kox guant disposks emnnic 11kCSU1FC QA)1J'jWiVe dans le 1 -mil kw rorook6eC le alae ge� pcjtar tho l)ulfluC, iMMS N1 &C l ra,ariu,�.r ,,lo n.cil include A comy.mil Ann. up, oc reswraii:orl or No prvinincs or PUMMU] paiperly iw Wwr mne6all achmi in Wor io coririxfl ior reduce, chninortz the rMs, ahcr Iv of nellense or the rchase of aRy comarnOw No or upon be elwfownma or my pad of A envArnnieTa "I,.---- Dale InAre i4ldch The condkion nlosttw cok-r-eciled! I Propelly and Walud Ivinudius rwrs� Ix. or pins and penS app5catkwon Ir repair relo'led rc,lltodiQ'snlf"Is[ llwa sutnnrlleci° 'N'01'rin 30 days of, bcrlp, With Ole"Notke 10 Con"Ay. "f1re refia"od ronc,-thus rn'lo he wh I rin 12D A y s o r hc i n v scry m A, i a l , Eire. No,[ice to ("orfipiy. Date R)r giving real ee of appW Wilhin 14 dqs W heAp saTwl w h h Or sk h vC to CAMIA Y , Pra° 10 appealk TO: ownur nul, wilihin 14 days Act, haxhq, ('Vecn wrvec 0ds w1(; Amply, wind a Nodcv, u,4 Appeal io il,x Clerk dpi ''I'batt ("'iiv of SMM Johx City Mall 8"" F"loor, 15 M Mr, Squarv. AM Johm, Nov I'Minv* WE IE, L, 41.1. Patenlial 13ennhy RW ow COMPIKving with nolice Witilift (iflic Set out in sl"Amedwn I I of Me 1"M maws &H 0 Pemorn WINY IWON 10 OMMOY Will Mo [Cu rm; aNIrmAue �() givea Irride,�r seL.'rif.,pn 7 of the said HyW4 commnos on W10twe At is puthdaMe u n'de'r P,".1 F1 2 o I, the Prat 4en iq,d Qffir,n,,,: Us AW, Mon! it i�, r US a ',Saa 0Jm,,y F of] i: n oc. wl-ac-rc arr tfl,(,ncc rm&r n;Ifl,Jscxg i,C)11, I 11:11 oi,na Rir nmw Own urm th, the nunisnurn line in may Ix hvImsed is the imAriyun; fine sci by the 11mWoW fv�'nce N Peo��'edVrc Aci ,r by (I"Le nundwr of flulial", %00,0.1 1he orknev conk nues PuWaN lo mal paisgraph i 1(3)(blj), 0 swims Arns Sur k"""s lirm,Irx 11C Cornprem"'IC-ra pas le n0k,ge, In nnnisc an Mt des hen, des 101yrrs ou dcs hims pasouss oo :onto auhvnicsury comecim darls ie Firil Cie corm-61cr on de R&M. dAhnioer 1e d5vaorrent, do MIDUCT 10 MW dr., VIAMSMoonj Cir IC dovemernunt Am jxAlUaM4 dries too im 1'n,u loute Jimmie Lie INVOMInerric, D6,lail Imp avil i pd m- y re n,4,dicr! I a ddM0 � i I i orl (11.1 t6r� i 1,11 CIA Q,'j k t I Q"), r o,;a j", e d ;, � [Wx dAvent We It lat,11101c kas Ir IP 0 dumandu de PC= Pour lc;,� FUSIX"'Q's des r1C")iVCw 4,'l r("! sounism, dans lus 3D Murn qui sirdvmd ta de favi de mhd. b) Lr,.; r4mroimls r0j60', "JUX WICS,11res dioivo,n C,rrc CMUMMes "GAS jes 120 jMUS alarNunw, ha sign i Fianrir*n ck,, Vgik� is de oopi fonn,0, We 11whe pourdolliper ll"itvis Wappcil; Muls les A jowo qui suik,enl la I'avk (b," CONNOW", proeesaals d'aririar°1 ; ["a propri&,lairc INLix dans, lle14 .imus TO suhvnt [a noHneMs de !"owls de. C,c.mJQmmdh upwqd mi aW d1pQ liar amnaier ray uawanralwrar,lan la grenisre ooinwunolu du !a 1110 Cky ol" Srlira R+llf, ] "(11ifice de: rhoter du viu, r aa,2c, 15 Squore, S,,ritri Peine immahic to caws (romisskin de se conformics- nux exigenevs dv 11"ovis lilasis le diAl y impard Ix pamg,he 11 (1) w,:Ie 1'Arr6,- qiOueplaque orflr,el de sc C(:mforprler atlx vxigctroe'�, ForriloWes, dans un a v k de WWOW nob 0 6 m& temws de F an w ny 7 11C haditij AIIC-1�6, corm,110 u'Rnc itAnncrion q1"li cm punissable en Wo do la panic 2 du In Loi seer- 0 dlg! In cfilssc I Ler�qji`urlo infraoliol'i pr&v'n(( 4110 Sg": POLMUh pvmbn( plus (1),me jourac',e, ishirnme qu i Pew av ornpow est ramcn&,� l�)Ivvuo ball' la Lo� sw- lie 110,111" line MucAn de 41 clasgo P mulkAjife par k nm%v de QMS POWIM 10SCILICIS I'MaCtil(NI SU poursui[ amowinvo A Irma i yxm�, LU1111PUY a to k, ouirwiy grvoi wwr sevion v wAhk A We Set ill rlaa. S"rid NoUcc' lhe rnay' cause Ove pivnises of thal owner or pj�,,j, demed up or rettushak ot came Qu buck,, or otpqL,r StrUCrUl'C f.id' 0`1,r't owner or occupier h) he rupainxi or, dcm,okhoa Furrhun Mxwonn 12(1) of Lhc ydaw 9MCS OEM the Com of canjIg nul minh wmt, ANdAg any amodmed chwge or to is chaflonbi to the awwr or crecuMer and buoulacs a debt due to the Ciq. 14 W sail'it'Jolvi 1110 JAy or nown 2n i x, 6A14,701 gf,)N�C J'n 1111 Cjjt�I ho Oly ctf ailrl sj�„aa t u, rc o r the arHCVT Of jh,C loco I goverarn en r C"ontact nffirvr cif the local gover"un'lunt: Wine: Rachd "Van War -t, 1"A't N4 a KH ng" add-cs S'-' NOW Und Anwounhy Developnicni selvices ibe (its or Stinint John 15, NjaTkct Square Cily I kfhl Buildhq."' 10ll I='1r,nr It CT BOX 1971 S,:1irtl John, New BrLui-s%w,A;k E21. 41,1 506) 6 32-6 199 Cor" ,1101-111 e sea 1114" t, lie I O'c a I gq�.'lv 0 Now i, AH Aj�JTP(N�16JU mm,A ht- C". CqAcd WA hi IV Ww"n 01mnyhg mo 6C de J AnvW. M on WS de "inArnAlt, a 61�� i'lux bennes de Wide 7 t1v Jodi(,e� Alrr�,ta°, ai, qiie �c 111 OU J!Wriparrlt ne se c(mlilTic pas A ciy( m,is, de oxommAd dwn lo ddhi Nrlpnmi et A quT est NPW eninknt ou lei quAl est corrHnmd (m myljjhd par un comAd du emuvH ou rmr un &go en v,t, le par,igr,.,,,ij)be 12 3) 4,, ArrEi,t'.. la inuniciip,,rhl�, Wre nel Ujor nit r1purer las lieux de ce propnowe imi de cd ampug ou k We ripmr ou NmWir le, 1'01time w orl dct,'c propric,,lairviou de Cet oci:uparllg el les Cof"'W% at (,10.% ouvyugcs, y cstunlYs ioutc, rcdovw'nce vt'l 10111 SAO """ont naris ;"] I'a CN"Irgo d111 ou do 1,occuparl udeviel"t'l-wr)l de I ""I Inunicipauk FA 6 SALWAn W 000N. N1 8, loville The C""[Y of saint John Signature dii R,)najc)nTv,-iJre tit, gFoj;';,,Q, 10coL Coorchwinks A favellannairealta 14ouveivenieni local, Nf:wn 16chel V;,nOVjr,jo Its, Service de h(TRAMance el du Diveloppernatil, (Amusunaunlac The Qy of SaW Jckri 1,115 klnrko9(piarc [-"dificc f.k 111C401 de vilj�' Ast: pomalo 1971 .1121. X11.1 TWNwnc : (5Wj 61 Admuc 6WAmiquo: : 0,16) 032-6 h 99 2. Npral of Me W does w alkWu We ohijahon la snoy -As A hyla. AWAW dm III',Inarw,r WS - E lW* WS PUMk PMW46 AWWW QV QNWAM Krown 2. 1 PaWWOIJ r �� pas 11our g"'Al 'FA1,11111jul 11.' tiC F.)"rh"�l l wqw-rk"ol'i ar 1""lvs' hQ0,011c a dul dela ro Mc W! juw-nnmr wo my be t I xg colh; Wkwau wT (Kw,, " gmnammod owl V1 aNal W dw Ad W 9OWMIAMI WW PWVIOJ Rul llclv'.'111 ZjAlv niviulk � f':Nvk 194 Guilford of Saint'johin"New, MDO'r 562335 .. . .. ..... ...... lasp,"6011 Dates: ,.;hire 19, 2017 Sh Septeenher L2, lal I$ Inspecdons Continued by; Q=Ype La", E171" & Rachel Van Wart, Err I ntrod u ction 1 nspections, o,f th e pnWcoy amt 194 (hid Rwd Wo, P I D,40: 3 62 33) 5, 11 ave re'veaIC(I fl);Xt i 11 Cre is one buHdhg, ork the pr(�ninise (dle as W(,)d)lj-fravitud, two urdt WHIng. SIR' tirst becamae, awaix, of the properly's vaemwy in June 2016 and began standad CAMMM fnowdumm An Mvial fi.,ispCC6,011 w8s'condwc.Cd an JLiti,e 9,201'7 and an external hasquGun Gxn1ductcd cmSqMcmbvr ]2, 2f.)18 with the timppet-ty owiwr, The pr(�)pert. is lok,,Aed ot�l the Cily"s Wom SiAc in a add4ise mWeiahl wone and is cairrerilly listed 1"or satc. '171-10 1wildbg is a llazatd L() the saf-Oy of f1le Public by reason, of Wrig o�i,)cii, by reason of being vacana, by reason ol," dflapidalion, -and by reason, ()�t' moundness of sqwlmul slivng0i, Discussion 111C 130fldirig iS 11C)t i,tj c4,,)j.j-)jjj '. 411M with TO UM AN NAWN IWw,4sex Dangevotm H-uUthiggs ami Struclurus Ry-lmw Number M-30, Hn,d aniendvtiunt.,� thereto (Ilie Unoghtf Prendse Candhions Si,ik)oclixw 6(1), ollfw 11y-laand NO pemon shall lvrvnit prernises mmed or acculyied by thm or her h) bc, unsWhtly by pennitAng U) rarnain on any pan of wh lard mi (0) auiy ashes, jiviak. nibbish or refs %z; 0) an uvianuhtfiori ofwood sliwwing, pap, sw awdust c)r 0dierresidtie of PAKILI'Lli(Al 01 - aa, derclict Vehicle, quiptnent, machinery, kw the body of any patj m,f �j vehicle i;quipirnet,kt Iner, or (4) as dUa0dated baMng. ThC TU m ars, XXXnandation of W, WAS reNse njul annsuvedowdeMs on the pt-co"Ort y. Tlle%e iteni's pima air not 11mited j,q); 1y�jrgc j,)jlQq V`)f dentolitioi'i debris willi &,�IlAgLLrons pi.,otrudingwood -and riads in the fiont ","Ind rear yard ofthe Build1g, gaNage mms, brokam glass, discixded w,(,)(,-)( , - e!v I tej,, I �, j()JI, wid (xhcr Mms We and bagged Iyubage. Thca-e are a1%) discara d ilcills, inckidiit� two Clollctle, th"Ce ftlattrcsses and tv") ch!Wren's bicycles, pikxf On tliQ si(h: walk and leaning Rgainst the rusted wr()a,tght ii'o-ji fence al the la ont ot" dic propmy, 'I'lle MAnommUNK accumulation (.)fjnnk, rubbish, and, refuso is tirlsigfatal y, 1"he Building is QWdawd. 11c Rant pomh entryway ajaw, frant o r th(, 1,1'Uilding has been dernolishal, fl -w area remains unflinisiw(I wid,,j c�x p. cy,�,d jayas of old siding, PC"vh Qkvi and Wrighg wfiTs. Vixiyj siding is falling of"IFthe fi-Cwt of" Il'ic Bufldi 1'19 in 1,cune locadons, There are SMItions of King aria (lie fh,mi: of,the BLiilding that ',,,Ippearto bu asbemm"The siding shm,,ild, be testol to coaMm I Paint is p t; lin . Ihmn the A digh slWag vii We rm of the Building. Thm! are Mrs 'AA .--ttk I It U L LJJI� J,C�ejj 11,�J t I []U C111,111 loose and rnissing �orixks, ",itlY �VhIQOWS C4 The Builiking have hean "When; WWI ,SNS All remains fn the mdridow pan& Thi� fasc:ja arjw�l �(Pffit are deter i ont led on all sides Building; sorwic sccitictns, xre btack and rotten, 1 -hese Conditions klix"', k"Insigfi"Oy; , Vac,11111 UNA 11no'coupted S ubsectian 6(2) o ("the law statas: Noperson 8011 per-iiiit an buil(Jing oradwr swoctu-t<; ovniv-) c,ar occupied by Me rwrson to becorix-, ;t tiazard tt-? (he saj'ct�y of tfic public ky, roastxtt of bchag vacant or urmccupial. Tht Buddirig is as AMA to he swity of the public by rcason of being seacani cm- wloocupil for die following reasnrls: The BuUdhg confinueg tc), bei6und opaii during, rou,fiuc inspcefions, Buildings that axe in a Slapidated cvAtion and Idl IJJRi0CLHVd fh)111 IIA161111C, enh,y 0t"u) Mact vandahsnq nisori, or crirtjiilal acbvhy,1JCV = is (.urreridy orie point tat' catry; the &,vr lo, the entraneo (.)f1J,1c baseinQ.ot 4n A rwr of the Budding. Un dddi tion, as so,tian of the rear AI ru) lonlar bas at cei I iA& , rlic., (�,.,,ily of SAt h6i 10inance departmcnt confirtned [bat the water 'has bacon avned off SiCIOC JUne, 2W6, SaWl Who En,(argy coril"irmed tluit (�)ne o4""thutwo Incters was, renroved-in 2004, whilethe other ni,cter reinains actIve sin-ce Seplerrtber 017r 2. There is oAiglicr risk ofa, fire event OCCUAgg at the propedy 2dince it is krnvni to die pdMic Mai. Rie BndMng is vacant UK] bev*1i.]sc it hwb<,',en 1cff op-Qn and ,appears to be abandoned, DARg the Wirrial inspoction it) JUrie 2017, 0 Sig,00411carlit anwairit of flaqlryldable rrialerial was, obsur,vcd in, tht rear eH por(i(nl afthe Building including, ppers, 1,)(iol<s, ,nid other debris. tri addition, there art-.' larfawe piles of danchhon dKis in the Rout and rear yard, The pix)pcaj'tyowe directly adjacent to as untir Ush and twa4wh apaMnmut buildin,g liow:aiwd at 192 ("JuORMIA Street alid 264 GuR16-d Summ reqwcWcly. If' a fi:rc event wkcre, tk,) OCC1.11' "°i([Jfij (Ije BuildIng, it ernild, t)ntentially spread u,) die neighbouring a4$11)11,1111,era OoJldings which woutid c10,,u significwit daniage t,r) thu, buildhigs and eoldaIngcrtfic hveof the q'weupant& I There is 0 c'oncer'il I'm. anlerp"nCy PUSUMMI SaNty in (hV of as firic. If firofig,hwrs sus,�J-wcl there be J>Qople inside ttw Buildirq,!, it would bo IMMONAU to expout flicy may be IvqVi-led ix,„) enter at. "rhe con(lition offlie 4)Jeoicor is ixvt Utown to (Irefightens w1did, a haza,rd to lbeir s.,ifety Otliie,rs wh,o rnay he inskka hi the Qvcnt io]�' as it There is an acicurnu la,fion kil 110LAS101)(11,C] kellis as Well as olbet- junk and debris soUlued tbraughms the Hud&% Tbet:%Ar() Chm.t imams on the first storqy are W ;,a state ant "diernoliti,u)ij, With probvding naHs and tldnis scat'lued arnmad Q roorns, In there is S(gt)ifieatirfl water tht,%,,'iughout the Buihfin& iii and floor�, which ooWd Cause buddit"ig components to Gifl and Catise Q, The rur A is stmenvVy unammd. The powerneniains active an this l3uRdijq,.,!, whicl:a Ca[A.W'' 11,,Vard s Rw AreNghting, Ifese canditions wvuld be doopmous and rv,striu of any Pwan afl,G�11"Pling 10 entry into The WAS, duiring a W&Oi Stress enwirgenq, shux%, DilapidatedRtd1d4q," C('0,11(fition's Subsection 6(3),iA 1ho Byi-law sj-Ljtc,, U118,001"Idliess anal An,ictural sCrengtb., "rhe HuNing is a, 1-uazard to the SaUsly of the pubUc by rcas,oil, of(lila pidalion hir (jt,�, belle wing rasoma : fixtedar ChWitAns: lm The WHIng is dilapidated. Sections of Wyl Ading at the unt ur me, Building are loose or rilissinig, The sHnOcokiing oil the rcax (,41he BLlildnlj; US dctx,.-vix,rratcd, '171ve soMit and 10seb of the Buikfin.g aaoe rotten arn] damtrated, ori all sid,eN. Fallen o1youts fix"wa"ll, the BuildillA, MulAl hit a pedcstrian and cause irju, A rvurnber of Ole 1, uildling"'.9 wituk��Vvs �,,Irc brokeri, '1 ,,here shards of" &SS av)uad the pedmeWr of the BuRMng ancl sowne, lert ill the „vfiulow panes TO A I'tvaixlous to anyone (mi die jxopow ty. 1110is a'dso two kirge heaf,rjr dentolitiondeblis; one at Me u-axnt i)fthe, protu,,,rty and ari(,",)tfi,cr at the rc�ar of the jimperly. Vic heaps inctlude pic(.xs, (A" siArtlg!, and large woodan WAS &0 comah" ON, scadons of drywyall and odwr hazw5aus mareria6 Any pers��)n (�q.) the pworty omdd be pierced by as nai I or Irip 4,-)n the dchris, 2. The front enlry to the Buddirig has been, partially 'I'he aren oftfi,c I i,,tqadc, where,(,h(,� entry way attached N',') Ow. BuOding li!,As bumi 1A LIABAh0cf, FrmMing, innilahno, and OkA Si.dij'q;,, nc�w exposed and b,"'olging ftoni Ov Bmillng hi sotne ,,aecfloijs — 11C ilag that has now lvmil exposed af)jlears to he rnadeof tasbestos trtatciial, AsbcVxls can ha,,e serious aklvera;e 'effects to the, respiratory systeni, nii,s ii°iateriai should tic tested betbr,(, flul-they work is, (hnae the Building W" before the Am'dillon of tile Building u., WNW Pcoper Ponedwvs, G)r duahng with hil,13rdouls acalcrials arc adhered to, 3. The second Skney of the rval- 01 oF die BuikRng has Wen partimUy damoWwd, Thov is no longer a calling or roofaincl a raatttc.arr o't.wall is also missing. This oollditk:,'Ii is expoAitlp MMMMt S hat ar(� Continual] Olt BU ild i i'll; to wealheiing. BuildinE y stilljocte'd ter Ole Clet-lients caan rot anil deterk,)rwq furnher adding to the dilapidation g�iftlw Duildilig,, Nnirnals ariv acucSSillg tlIC 1311ilrijing (J'i-AC two Clilaf)idzited conditkpois,. A, H,at was Visil'I'le, oll Vic �Ccnnd floor dic Building durirq; the Sep(enlbcr 20[.8 WSWCOM ASTIA can enuse significant damage tai budMng inatedals and cause fkaher dilapidmion. 5. There in a hHA chim1my wjjj,c!h protrudes fivni dw, second suwcy of' the Buddhg. SOMC Imid" OC 10, CEMMY tVC nliming We (Ahews appear looso, If bricks vVere to fW1 himl die chiallney they Could Qacose h1jury Ix") anyo"ne enterir-tg the piroperty and they COUld also cause daniage Ow property, as the chhnncy is lowded oil the 101 side oftl,le Builditig, hiterior Conditiolis.- I The Akno 2017 Wynal insl,:)o1oltiorl revel'-iled several dila, pidatc�d ;M,,lst ocihrlg surfaces ort tlix, Nrs�. art(l secxind Sti)MY Ofthe MV Wdbg have hal, are %M07 ckanaged, and have nl(fld �,n'owlh. lk'�cfions of ceiting a,iv haraging fi,otn [fic e'eding 00 I -lave 11"I"Hell, eonIpletely a'ad now rest ora 01C fl-aor� The fiallari nimedals hum the Ceiling are satural"cd J11(f 11101dy, "I'hor are many broken wh0ows and a seuction, of roo I` is inissirig Front, thc rt,,air ol I Iwhiob is avowing Q Urnews to jnfihratetivBuildin N&Acrial!,� 11i,al axe e I xpo sca.] y, to Moisli..irc for exte;jido(] periods ot" Onle can rot and detei-ionite rapidly% `Fhere i,,� as SigTlificani 11111011,14 OVA& iuuld 1111"OUKI)OUt Lhic Buddinfi. rnom 11.1-1 *,�tjj 1p%,, fidadrn ��°Ir`r,ddWd In t11 'lanai dal. tln.d ftcc�v� (Joor- KU�erials sudi as woodai boards Will protruding aWl,s,, and other hvilding 111,1deri,als, r,ij,,e si.,alter d, the rooms. Any pallon emet,ing , tjwis are of'tJic 13uildlirlg Gould trip on debris Of' SLOP ol"i a naiL Dt rwall bas been r("'nievedirk ivany secfit)�I)s, ([ctum J,orafed lath itild insulations, Some of dw piled iriaterial rro,ol(ly a,nd kv'atctdtanigcd as well, 4. The doc,)r Id ading tij 1],le jij,geIrIcIll", aAl tile reill, (If the Buillng condrnws to W Amnd opuL The basement conarls qj,u(,tjjj-aj coluning and lath ky, Wuunml comporienIN; of' the 13uildin& WWWAI; (w vandAwn to A= bOlIng componmris c,indfl ",use the 13uHdWg io bommme HnAwr dAINdwed, Ihme is a, fitr6shed st,-ction, ill the tratwd,rtndrrt towards lite firiont of Ike Building. "the 1,,,mint and wa.11 papejr ()fthi�s arce is pecHng. Ilare is No Wd pmsmu oil Wall ar.rnd ceililig stvi"Fice's StIlruchwaLly Unsound BkOlding Coaditiorls Subsl�viov 6(3) 011hBydavv states NO PC= ShAl pornaq a buddirig o,r, c)iher strttr,�wry owned or ocv.,,j.,ie(I by the p0mun to heanne a tlaz,,trd to th,� Sally o1' the public by ivason of Alapidalk)n or unsou of FAnictural streil,g'th, Thc Budding is a, Won! to The of, the lltlblic by rc,41SOTI LInmiundness (�)fqtr uctural streq),11, for ffic Collowing ritos',Ons: " rWIr Of Of the 13W119 is Mrmlumlly Imsound. Flaw Ifo f die sacmad stmey ell has been demcdishcd, kl[ving llie Veiling of IfIc first sta)"ey and th,c ludf Of% second sloreydill Lhe elements, INS seeden offlie r1revious, to, Ote denioli6on, 'had, saiffiered. Mmsbe waW damagt The BuWng 6 dwipaclas due to the %vatar damage sustainecl plior W the MoNan in (Woher 2017, whic�fi is now wrpHal by to CmIlmlat opul ocviditimi& Z, 111C BUIRdings Gojxrete 1 aarradl rtid.,Wr is a large ora vk ill 1110 fiIIllI,(t3fi;0jj, CXJ,�,)Osing .! a riksw'd pie Id IS hant, loft of Ithe, Buidding. A section, of concrete Sundation artthe k4i froilt: o(lqnier is h��),Jdtlg �away fi-orn thl'rrrlldtnrvl,,e 11-lere I a IWgU vemca] craok kmilards the rnid'dkieft, Side o -r tile Huilldin& The StAndation wall oii the lVarSICC6011 of At rear cQ is OPPVWalely 4 &1 hight. There is a IX)l Of (110 bawof the w,111 wid'] a veMbal cmck spanning from lho[),010 to tll,e top of lf)e Wall, Pai-ging Oil flx'° riglit sicle (if tiv r3iffldint, � s ("okindahloo bas rcve�',d ing the (6irridatiort wall. This ad ction (,4` Ibunt'I'afion is Ls cracked horizontailia, ThJ8 COQUiDn has cater ed a all beownwa We UmNing amid flic foun,dation all thmugh INIVA You Can see We= the Building, 111C (x)ndifion of' the foundafian indicates s1ructoral 3. The cedinp on all n(mrs Oft the Building Svc beeri %11�ject watcx WWWW and am nww doni,ag LdM-. ost roorns have [i(flcs, in 11tic, ceiling Wid) Nvater darnaged rnalerld h2miging cir fajleti fh.)111, th,44, Ceiling. R(,,,,mainJj,)g (,cdilig Wastar is bowed aracl saattvrated jo ID0,911Y I(W-0fi(Ins nil die second shwuyuuj iwpeus as dumgl� it nuay at WFY 311 On" 011, Where p4tster is inis,sirNg fi'aa,i the (ei I lvqg, 1:5ca"nis rolteniand ull9t)wI(L 4, the tulk d"Wincy locand nmu The IWI aid e of thic Building, in a(J([jfl,()r1 [,d,) being dUaNdW is 460 unsmind., Brdcks of the chinlr�,Qy acre rnis,,hing, vvfiik,, oiller", appearloose. The Wks could caum My awl Wage to Me 1'1"e o'"'cr 'n ust cO m19 Y " h OUC 0 f M C VwO xM HDn s natcd bdAw � SAW It Remedy the condiloni of the thilldbg iWigh all rclmQr and reinexhal azdon8 as KAIUWN: 1. TO fluddIg mum be muM hu anlipletefly repaired to rmacdy Lho above rMentioned hazar(,ls to 1iuhlic sM`efy Aehflc',, ine-eting One, tcquixetnews (,4'dw ("iwk ql'Conwdel �20'1,Q) as �Nrel I as all ca her applinabbe byd ams. 2. lle 1130ding nuuNi., bei°,nainvdned, kept secum,, arid rnt,'Pj)iWPTe<i cm i as mutinc basis wltiL;the pi'4�)1pertyi-emains, vacani t,)r wnocckipj.ed. A detaik,�d p1mi inial be suixm%d to, (lac (.'Irca'wth, (011111ALIAIiIX Services, L)epat"Unent of the Cky ofSaht ioljjj (the 1"careview a,'nd FlIpproval- "!"he plan shnuld also include as schedtilc° for the woi�k (hat is to be c -arried o,ul, Fhe prepair(A 1)udding iTju,!st 1'ncel 1111C "Volional" Unada (201pj as well a,s a,)Lhcr IL Ile drWiled1cluding Modules and any engineeting i-qports' rr1CjS;t bi(" appraved hy1ho D,VPa,t"tr_'itcn1 [,'irk'xr to work,, 5, A buil(fing J'vmht. numl be obidned, lk)r awy arid all O�P]1)fi1Cflrh1C %vork pd,w: w coininie;n,eitg sztidr CrOl" tlle URY of Saht John in onler to campy Witl'i Q wh)hn' Rivildi't?,g By-law Nto tt,bci- C,.P, 102 and anmnArems thact,() (the John Btfi4qg- Ch The rvam% nimsf be cleared. of ali debils Wmid txo Ow: properly, i�nchiding aqy and all robbish 11.1at rri4ly be cowsi,&=d hazatd(n,us or 7111C OeOris fi'oln the Vrci,-nise awst he d4posed of at arl approl-Ved Waste di"'pos"al SwW' in ac"Cordance tviti-I all allph('.�aWe by-law",, aels and regiilations,, Doctini,exited PI-4.)of, th,',v' cic,,arly deai.00istrawN an approved sodd mme disposa"I SAC waused favi" flit Uposal of rUns, must be Inuvided to the Dopartinca.l. 11)Q, Pimmise wnusl campy with all appliuble By-laws, NXs,,i(,7OdCs'a"nd Rcgilhllj(lrl's OrOn 2: Demolition, of (he F.IuAdhig aW Wanup, of 411 dchhs�, on, Lite prQjTiJ;,sc by (aotjlplying m,-411 all thet'Utnexh"d acfioras' as fi'dl'om's:, L Ite 1313iMing rM he demolkhed to dic hazard to tllesafei�y Of''141C, by Pusun ofdHalndahm, ,,tjj(jby , 0 r w 0 f bei n g, 'aka,w",a,n 1, war' urt oca.q) It od I A. denNiCan pamiR rnust be ob1UdM:d f"o"', '11te ("Ity of Saint John hi ordgr to cum P " 10 th I he .:$il in ( �'Aahn J�lq i11("jjpg w., 3. The premise nithst bo cWmvd of Mc Whis Rmn the denx4ifion an'd, Che lot n'rwst Ile I'mulc I�Casolualfl'y level WHI grMIC $0 a$ U) not acme to AM M idling hasud, ;U1 dd)ds nwxt bedkposed of at an app%rveu�] solid U'IlAe clispos-al, siitc, and in accoo'datiec wi.r.h jH uppikable, B,y-laws, Ads mad lulKian, Docunwated proof', 1,1`iat cle�nr,,jy an appmwed sm")KI ^Waste dissal Site hi'as tisied the dispos,,,,'d ot"debris, must 1,,,Q 1",n,, -o, tu the Dqmrhment,, , 4. All debris thal k CUITently on the pai"99 numl be Ymnoved �(tnd ,ln approW soUd! waste Xpoul ill with all 4qipkcxbk� 14y -laws, Acts and Rcgulatio,os, Dmitrnutnted proof lbot Clearly de111011strak all al"Iproved" solid Waste dj,sjlx,)sa1 site ovas used W- Me di.�j,),osal talust he provklied to Me Depavnient Services C,)fficur Qvmlh and Conanunity slvrvjc�(-"� Rav"I&I vall Wwl, Elf" ,FeOloical Services Offil,cer GmvAh and Conmawnily ServiQcs Revievved by i',vul of,:mwuned in by: "Anc Building klsywctor Mpouty (,A)munissioner ( , irowth and C',o�n,,t,rTv'ljnity Services nato Date CANADA PROVfNCE OF NEW BRUNSWICK COUNTY OF S.A, fNT J(IWV,— I'N T14E MATTER OF THE BUILDING "T"HAT IS LOCATED AT (,U, I G",,(c SAINT JOHN, N.B. ( PID number —" AFFIDAVIT OF SERVICE 1, oi-4-biz ip n,c of Saint John, N.B., Make Oath And Say As Follows: 1, 1 am employed by The City of Saint John in its Growth and Community Development Services Departnient. 1, have personal knowledge of the matters herein deposed except where otherwise stated. 2. On ilrl�' 111A ...................... .., at approximately :6 r�, I posted a copy of the attached Notice to Comply, marked Exhibit "A -and Notice of Appeal, marked Exhibit -13" to the front door of the building that is located at �CjL('j� �\('- ,-) t, Saint John, N.B. J '�A CIC y Sworn To before me at the City ofSaint John, N.B., on the A/4, day of 17 lube,,, 2018 RACHEL A VAN WART C�OMMIISSiONER OF OATHS MY COMMISSION EXPIRES DECEMBER 31sT,2022 M IrovertiaticeAct,N.N.A.4019,c.tit ,sal 2(2)) OU INESTI1ETIQ1, ES lnlllit (Loi sur la gouvernance locale, Refeff'od to In the Affidavit of L.N.-B. 2017, ch. 18, par. 132(2,)) Parcel identifier: 0a be"" n, OtNum6ro didentification de la parcelle Sal 'ohn,,New PID #362335 the d of NID :362335 Address: 194 GQilfbail as Adresse: 194, rue Guilford, Saint John, New Brunswick Nouveau- Brunswick Owner(s) or Occupier(s): Name-. New Way Realty Corp. Address: 127 Seagreen Way, Cliestennere, Alberta, TIX OES Propri0aire(s) ou occupant(s) : Nom: New Way Realty Corp. Adresse : 127, Seagreen Way, Cliestermere, A'Ibcrta,'flX 0138 Local government giving notice: The City of Saint Gotivernement local signifiant 1'avis : The City of John Saint Jolui By-law contravened: Sairst John UnsightlY area dses and Dangerous Buildings and Structures BY -Law, By- law Number M-30 and amendments thereto (the "By- laNV'). Arrfti enfrei ut : A ri-Cue, relatif aux liei,ix inesthc;fiques el aux b6fiments el constructiorts datigeretcy de Saint John, Aff&6 num6ro M-30, ainsi que ses modifications ci-afferentcs (1' o Arrat6))). Provision(s) contravened: Subsections 6(l), 6(2) and Disposition(s) enfreinte(s) : Les para raphe 6(l), 6(3) of the By-law. 6(2) et paragrap,he 6(3) de I" Arr&d. Conditions(s) that exist: The premise is unsightly by pen-nitting junk, rubbish, refuse and a dilapidated building to remain on the premise. The building has become a hazard to the safety of the public by reason of being vacant or unoccupied and has become a hazard to the safety of the public by reason of dilapidation and by reason of unsoundness of structural strength. The conditions of the building and premise are described in Schedule "A", a true copy of the inspection report dated October 3, 2018 prepared by Rachel Van Wart, EIT, By- law Enforcement Officer, reviewed and concurred in by Amy Poffenroth, P. Eng., By-law Enforcement Officer. What must be done to correct the condition- The owner is to remedy the conditions by complying with the 'required remedial actions of the aforementioned inspection report, and bring the building and premises into compliance with the aforesaid By-law. In the event that the owner does not remedy the condition of the building and premises in the time prescribed by this Notice to Comply, the building may be demolished as the corrective action to address the hazard to the safety of the public and the premises may be cleaned up. In the event of demolition, all debris and iterris on the premises will be disposed of as the corrective action to address the hazard to the safety of the public. Description de la (des) situations) -. Les lieux scant inesth6tiques en permettant la pr&sence de ferraille, de d6tritus et le bAtiment d6labr6. Le bAtiment esidevenu dangercuse pour la s6curit6 du public du fait de son inhabitation ou de son inoccupation et est devenu dangereuse pour la s6curit6 du public du fait de son d6labrement et du fait de manque de sohdit6. Les conditions du bitiment et des lieux sant decrites 'i l'annexe o A », une copie conforme du rapport d'inspection en date du 3 octobre 2018 et pr6pare: par Rachel Van Wart, IS, une agente charg& de 1'ex6cution des arras municipaux, r6vis& et en d'accorde avec par Arny Poffenroth, in., une agente charg6 de 1'ex6cution des arrEt6s inunicipaux. Cc qu'il y a lieu de faire pour y rem dies: La propri6taire doit restaurer les conditions en se conformant aux reconunandat ions du rapport d'inspection susrnentionn6 et d'amener le bAtiment et les lieux en conformitars avec JArr�t&, Dans 1'6rventualitd que la proprio airc ne rem6dient pas le bfitiment et les lieux dans le temps prescrit par le pr6sent avis de conforrnit6, le bfitiment p,ourront are &molis comme mesure corrective compte tenu qu1l reprarsente un danger pour la se'curit6 du public et les lieux pourront etre nettoy6s, Dans 1'eventualitde ddr'nolition, taus les d6bris et autres items sur les lieux scront dispos6s contme inesure corrective dans le but de rernMier le danger pour la s6curit6 du public, The aforementioned remedial actions relating to the Les mesures COITectives susnientionn6es relativement items on the premises do not include the carry -out clean- up, site rehabilitation, restoration of land, premises or personal property or other remedial action in order to control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. Date before which the condition must be corrected:' a) The demolition of the building, clean-up of the property and related remedies must be complete, or plans and permit applications for repair related remedies, must be submitted: within 30 days of being served with the Notice to Comply. b) The repair related remedies must be complete within 120 days of being served with the Notice to Comply. Date for giving notice of appeal: Within 14 days of being served with the Notice to Comply. Process to appeal: The owner may within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall — 8'h Floor, 15 Market Square, Saint John, New Brunswick, E21, 4L1. Potential penalty for not complying with notice within time set out in notice:Z Subsection 11(1) of the By-law states that a person who fails to comply with the terms of a Notice to Comply given under section 7 of the said By-law, commits an offence that is punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence. Where an offence under subsection 11(1) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph 11(3)(b)(i). et autres items sur les lieux ne comprennent pas le nettoyage, la remise en etat des lieux, des terrains ou des biens personnels ou toute autre mesure corrective dans le but de controler ou de reduire, d'eliminer le deversement, de modifier le mode de deversement ou le deversement d'un polluant dans ou sur 1'environnement ou toute partie de 1'environnement. Delai imparti pour y remedier : ' a) La demolition du batiment et le nettoyage des lieux doivent etre completees, ou a laquelle les plans et demande de permis pour les mesures des reparations, doivent etre soumises, dans les 30 jours qui suivent la signification de Pavis de conformitd. b) Les reparations reliees aux mesures doivent etre completees dans les 120 jours qui suivent la signification de Favis de conformite. Date limite pour donner Pavis d'appel: Dans les 14 jours qui suivent la notification de 1'avis de conformite. Processus d'appel : La proprietaire peux dans les 14 jours qui suivent la notification de Pavis de conformite, envoye un avis d'appel par courrier recommande a la greffiere communale de la municipalite, a The City of Saint John, Edifice de 1'h6tel de ville, 8e etage, 15 Market Square, Saint John, Nouveau -Brunswick, E21, 4L1. Peine possible en cas d'omission de se conformer aux exigences de Pavis dans le delai y imparti : z Le paragraphe 11(1) de 1'Arret6 prevoit quiconque omet de se conformer aux exigences formulees dans un avis de conformite notifid aux termes de Particle 7 de ladite Arretd, commet une infraction qui est punissable en vertu de la partie 2 de la Loi sur la procedure applicable aur infractions provinciales a titre d'infraction de ]a classe F. Lorsqu'une infraction prdvue au paragraphe 11(1) se poursuit pendant plus d'une journde, 1'amende minimale qui peut etre imposee est 1'amende minimale prdvue 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 I'infraction se poursuit conformement a Valinea 11(3)b)i). compry wim a Nonce to Uomply given under section 7 within the time set out in the said Notice, the City may, cause the premises of that owner or occupier to be cleaned up or repaired, or cause the building or other structure of that owner or occupier to be repaired or demolished. Further, subsection 12(3) of the By-law states that the cost of carrying out such work, including any associated charge or fee, is chargeable to the owner or occupier and becomes a debt due to the City. t4� Dated at Saint John the � day of October, 2018. Local government: The City of Saint John Signature of the officer of the local government: de 1'Arrete, si un avis de conformit6 a ete signifie aux termes de Particle 7 de ladite Arrete et, que le proprietaire ou Poccupant ne se conforme pas a cet avis de conformite dans le delai imparti et tel qu'il est r6put6 confirme ou tel qu'il est confirme ou modifi6 par un comit6 du conseil ou par un juge en vertu le paragraphe 12(3) de ladite Arr@t6, la municipalitd peut faire nettoyer ou reparer les lieux de ce proprietaire ou de cet occupant ou de faire reparer ou demolir le batiment ou autre construction de ce propri6taire ou de cet occupant, et les couts aff6rents a 1'execution des ouvrages, y compris toute redevance ou tout droit connexe, sont mis a la charge du proprietaire ou de Poccupant et deviennent une creance de la municipalite. Fait a Saint John le _ octobre, 2018. Gouvernement locale : The City of Saint John Signature du fonctionnaire du gouvernement local: Contact information of the officer of the local Coordonn6es du fonctionnaire du gouvernement government: local: Name: Rachel Van Wart, ETT Mailing address: Growth and Community Development Services The City of Saint John 15 Market Square City Hall Building, 10'' Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: (506) 658-2911 E-mail: rachel.vanwart(&saintjohn.ca Fax: (506) 632-6199 Corporate seal of the local Notes: 1. All appropriate permits mus legislation must be complied with in the course of carrying out the required remedial action. Nom : Rachel Van Wart, IS Adresse postale: Service de la Croissance et du Developpement Communautaire The City of Saint John 15 Market Square Edifice de Ph6tel de ville, l0e etage Case postale 1971 Saint John (Nouveau -Brunswick) E21, 4L1 Telephone: (506) 658-2911 Adresse dlectronique: rachel.vanwarasaintiohn.ca Te16copieur : (506) 632-6199 Sceau du gouvernement local Notes : 1. Tous les permis prescrits doivent etre obtenus et toute la legislation pertinente doit etre respectee pendant 1'exdcution des mesures de remediation. 2. Payment of the fine does not alleviate the obligation to comply 2. Le paiement de l'amende n'a pas pour effet d'annuler with the by-law, standard or notice. l'obligation de se conformer a 1'arrete, a la norme ou a 1'avis. 3. Costs become a debt due to the local government and may be 3. Les couts deviennent une cr6ance du gouvernement local et added to the joint local government and provincial Real Property peuvent etre ajoutes A 1'avis commun d'dvaluation et d'imp6t vvuvw wav A 194 Guilford Street Saint John, New Brunswick PID# 362335 this.�.L�.dSy Oi Inspection Dates: June 9, 2017 & September 12, 2018 Inspections Conducted by: Catherine Lowe, EIT & Rachel Van Wart, EIT Introduction Inspections of the property at 194 Guilford Street, PID# 362335, have revealed that there is one building on the premise (the `Building"); a three-storey, wood -framed two unit building. Staff first became aware of the property's vacancy in June 2016 and began standard enforcement procedures. An internal inspection was conducted on June 9, 2017 and an external inspection conducted on September 12, 2018 with the property owner. The property is located on the City's West Side in a mid -rise residential zone and is currently listed for sale. The Building is a hazard to the safety of the public by reason of being open, by reason of being vacant, by reason of dilapidation and by reason of unsoundness of structural strength. Discussion The Building is not in compliance with the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, By-law Number M-30, and amendments thereto (the `By-law"). Unsightly Premise Conditions Subsection 6(1) of the By-law states: No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises (a) any ashes, junk, rubbish or refuse; (b) an accumulation of wood shavings, paper, sawdust or other residue of production or construction; (c) a derelict vehicle, equipment, machinery or the body of any part of a vehicle equipment or machinery, or (d) a dilapidated building. 1. There is an accumulation of junk, rubbish, refuse and construction debris on the property. These items include, but are not limited to; large piles of demolition debris with dangerous protruding wood and nails in the front and rear yard of the Building, garbage cans, broken glass, discarded wood, television, and other various loose and bagged garbage. There are also discarded items, including two couches, three mattresses and two children's bicycles, piled on the side walk and leaning against the rusted wrought iron fence at the front of the property. The aforementioned accumulation of junk, rubbish, and refuse is unsightly. 2. The Building is dilapidated. The front porch entryway extension at the front of the Building has been demolished. The area remains unfinished with exposed layers of old siding, porch platform and hanging wires. Vinyl siding is falling off the front of the Building in some locations. There are sections of siding on the front of the Building that appear to be asbestos. The siding should be tested to confirm. Paint is peeling from the shingle siding at the rear of the Building. There are wires 1,___:-- -P-- ,. 41-- ____ .,rat_ T]__11.3•__— ___ - ___ __1 11 .. —o — --- _ . — — 1 vc v11. 1 116 v11111111Gy Hab loose and missing bricks. Many windows of the Building have been broken; jagged glass still remains in the window panes. The fascia and soffit are deteriorated on all sides of the Building; some sections are black and rotten. These conditions are unsightly. Vacant and Unoccupied Subsection 6(2) of the By-law states: No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of being vacant or unoccupied. The Building is a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: The Building continues to be found open during routine inspections. Buildings that are in a dilapidated condition and left unsecured from public entry can attract vandalism, arson, or criminal activity. There is currently one point of entry; the door to the entrance of the basement at the rear of the Building. In addition, a section of the rear ell no longer has a roof or ceiling. The City of Saint John Finance department confirmed that the water has been turned off since June 2016. Saint John Energy confirmed that one of the two meters was removed in 2004, while the other meter remains active since September 2017. 2. There is a higher risk of a fire event occurring at the property since it is known to the public that the Building is vacant and because it has been left open and appear's to be abandoned. During the internal inspection in June 2017, a significant amount of flammable material was observed in the rear ell portion of the Building including papers, books, and other debris. In addition, there are large piles of demolition debris in the front and rear yard. The property is directly adjacent to a four unit and two -unit apartment building located at 192 Guilford Street and 204 Guilford Street respectively. If a fire event were to occur within the Building, it could potentially spread to the neighbouring apartment buildings which would cause significant damage to the buildings and endanger the lives of the occupants. 3. There is a concern for emergency personnel safety in the event of a fire. If firefighters suspect there may be people inside the Building, it would be reasonable to expect they may be required to enter it. The condition of the interior is not known to firefighters which pose a hazard to their safety and others who may be inside in the event of a fire. There is an accumulation of household items as well as other junk and debris scattered throughout the Building. The two front rooms on the first storey are in a state of demolition, with protruding nails and debris scattered around the rooms. In addition, there is significant water damage throughout the Building, in ceilings and floors, which could cause building components to fail and cause injury. The rear ell is structurally unsound. The power remains active at this Building which can cause hazards for firefighting. These conditions would be dangerous and restrict movement of any person attempting to gain entry into the Building during a high stress emergency situation. Dilapidated Building Conditions Subsection 6(3) of the By-law states dilapidation or unsoundness of structural strength. The Building is a hazard to the safety of the public by reason of dilapidation for the following reasons: Exterior Conditions: 1. The Building is dilapidated. Sections of vinyl siding at the front of the Building are loose or missing. The. shingle siding on the rear of the Building is deteriorated. The soffit and fascia of the Building are rotten and deteriorated on all sides. Fallen objects from the Building could hit a pedestrian and cause injury. A number of the Building's windows are broken. There are shards of glass around the perimeter of the Building and some left in the window panes. This is hazardous to anyone on the property. There is also two large heaps of demolition debris; one at the front of the property and another at the rear of the property. The heaps include pieces of siding, small and large wooden boards that contain nails, sections of drywall and other hazardous materials. Any person on the property could be pierced by a nail or trip on the debris. 2. The front entry to the Building has been partially demolished. The area of the fagade where the entry way attached to the Building has been left unfinished. Framing, insulation, and old siding are now exposed and hanging from the Building in some sections. The siding that has now been exposed appears to be made of asbestos material. Asbestos can have serious adverse effects to the respiratory system, if disturbed. This material should be tested before further work is done on the Building or before the demolition of the Building to ensure proper procedures for dealing with hazardous materials are adhered to. 3. The second storey of the rear ell of the Building has been partially demolished. There is no longer a ceiling or roof and a section of wall is also missing. This condition is exposing the Building to weathering. Building materials that are continually subjected to the elements can rot and deteriorate, further adding to the dilapidation of the Building. 4. Animals are accessing the Building due to dilapidated conditions. A cat was visible on the second floor of the Building during the September 2018 inspection. Animals can cause significant damage to building materials and cause further dilapidation. 5. There is a brick chimney which protrudes from the second storey of the Building. Some bricks of the chimney are missing while others appear loose. If bricks were to fall from the chimney they could cause injury to anyone entering the property and they could also cause damage to the neighbouring property, as the chimney is located on the left side of the Building. Interior Conditions: The June 2017 internal inspection revealed several dilapidated conditions. Most ceiling surfaces on the first and second storey of the entire Building have holes, are water damaged, and have mold growth. Sections of ceiling plaster are hanging from the ceiling or have fallen completely and now rest on the floor. The fallen materials from the ceiling are saturated and moldy. There are many broken windows and a section of roof is missing from the rear ell, which is allowing the elements to infiltrate the Building. Materials that are exposed to moisture for extended periods of time can rot and deteriorate rapidly. 2. There is a significant amount of black mold throughout the Building, most seen through the glass of the front door. Materials such as wooden boards with protruding nails, drywall, and other building materials are scattered all around the rooms. Any person entering this are of the Building could trip on debris or step on a nail. Drywall has been removed in many sections, exposing deteriorated lath and insulations. Some of the piled material appears moldy and water damaged as well. 4. The door leading to the basement at the rear of the Building continues to be found open. The basement contains structural columns and other key structural components of the Building. Weathering or vandalism to these building components could cause the Building to become further dilapidated. There is a finished section in the basement towards the front of the Building. The paint and wall paper of this area is peeling. There is also mold present on wall and ceiling surfaces. Structurally Unsound Building Conditions Subsection 6(3) of the By-law states No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. The Building is a hazard to the safety of the public by reason unsoundness of structural strength for the following reasons: 1. The rear ell of the Building is structurally unsound. Half of the second storey ell has been demolished, leaving the ceiling of the first storey exposed and the half of the second storey ell open to the elements. This section of the Building, previous to the demolition, had suffered extensive water damage. The Building is dangerous due to the water damage sustained prior to the demolition in October 2017, which is now amplified by the current open conditions. 2. The Building's concrete foundation is deteriorated. There is a large crack in the foundation, exposing a rusted pipe at the front, left of the Building. A section of concrete foundation at the left front corner is leaning away from the Building. There is a large vertical crack towards the middle left side of the Building. The foundation wall on the rear section of the rear ell is approximately 4 feet high. There is a large hole at the base of the wall with a vertical crack spanning from the hole to the top of the wall. Parging on the right side of the Building's foundation has crumbled, revealing the foundation wall. This section of foundation is crumbling and is cracked horizontally. This condition has caused a gap between the Building and the foundation wall through which you can see beneath the Building. The condition of the foundation indicates structural instability. 3. The ceilings on all floors of the Building have been subject to water infiltration and are now damaged. Most rooms have holes in the ceiling with water damaged material hanging or fallen from the ceiling. Remaining ceiling plaster is bowed and saturated in many locations on the second storey and appears as though it may collapse at any moment. Where plaster is missing from the ceiling, beams appear rotten and unsound. 4. The brick chimney located near the left side of the Building, in addition to being dilapidated is also unsound. Bricks of the chimney are missing while others appear loose. The bricks could cause injury and damage to the The owner must comply with one of the two options stated below: Option 1: Remedy the conditions of the Building through all repair and remedial actions as follows: 1. The Building must be must be completely repaired to remedy the above mentioned hazards to public safety while meeting the requirements of the National Building Code of Canada (2010) as well as all other applicable by-laws. 2. The Building must be maintained, kept secure, and monitored on a routine basis while the property remains vacant or unoccupied. 3. A detailed plan must be submitted to the Growth and Community Development Services Department of the City of Saint John (the "Department') for review and approval. The plan should also include a schedule for the work that is to be carried out. The repaired Building must meet the National Building Code of Canada (2010) as well as other applicable codes. 4. The detailed plan, including schedules and any engineering reports, must be approved by the Department prior to commencing repair work. 5. A building permit must be obtained for any and all applicable work prior to commencing said work from the City of Saint John in order to comply with the Saint John Building By-law, By-law Number C.P. 102 and amendments thereto (the "Saint John Building By-law"). 6. The premise must be cleared of all debris found on the property, including any and all rubbish that may be considered hazardous or unsightly. The debris from the premise must be disposed of at an approved solid waste disposal site, in accordance with all applicable by-laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. The premise must comply with all applicable By-laws, Acts, Codes and Regulations. Option 2: Demolition of the Building and cleanup of all debris on the premise by complying with all the remedial actions as follows: 1. The Building must be demolished to remove the hazard to the safety of the public by reason of dilapidation and by reason of being vacant or unoccupied. 2. A demolition permit must be obtained from the City of Saint John in order to comply with the Saint John Building By-law. 3. The premise must be cleared of the debris from the demolition and the lot must be made reasonably level with grade so as to not create a tripping or falling hazard. All debris must be disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, Acts and Regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 4. All debris that is currently on the premise must be removed and disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, Acts and Regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. rv� ,A UAAJ Catherine Lowe, EIT Technical Services Officer Growth and Community Development Services Rachel Van Wart, EIT Technical Services Officer Growth and Community Development Services Reviewed by and concurred in by: Amy Poffenrok4P. Eng., MBA Building Inspector Deputy Commissioner Growth and Community Development Services Date Date p CAD �r Date -'ALS, L7 1.3, k -Loi sari e. M-22, s.1,90.021(l)) 'This is Exhibit Referred to in, the Affidavit of File No.; .— C 1 Lc,�q— -'N'dudossier : Sworn before me sit the City of Saint John, New Brunswick BETWEEN: the A_!t day of CAN TRE C missioner of gaff Appellant(s), THE CITY OF SAINT JOHN, Respondent. Parcel Identifier: PID # Parcel Address: Owner(s) or Occupier(s)-, Name: Address: Telephone: Name: Address: - et - es tnunMpahtff, L.M.N.-H, ch. M-22, par. 190.021(1)) Appelant(s), THE CITY OF SAINT JOHN, Intim6e. Num6ro d'identification de la parcell e : # NII Adresse de la parcelle : Propi-16taire(s) ou occupant(s) Nom : Adresse T66phone. Norn: Adresse Telephone: T61cphone: 973, .. araa u v ova uau Luau -AULL1V110 O%OL VUL 111 L11G UVL1LiG that has been given under section 190.011 of the Municipalities Act and appeals to the Saint John Substandard Properties Appeal Committee. The appellant's grounds for this appeal are as follows (set out the grounds clearly but briefly): Dated at the 2018. u1VUa11Lw UU 1Gs WL1u1L1Uns Caul y sunL enonces Gans Favis qui a dtd notifie aux termes de Particle 190.011 de la Loi sur les municipalites et fait appel au Comite d'appel des proprietes inferieures aux normes de Saint John. Les motifs d'appel de 1'appelant(s) dans le prdsent appel sont les suivants (enoncer les motifs de faVon claire et concise) : day of Fait a Signature of owner or occupier The appellant(s) intends to proceed in the English or French language (Please check the appropriate box). Please forward your Notice of Appeal by registered mail to the clerk of The City of Saint John within fourteen (14) days after having been given the notice at the following address: Common Clerk's Office 15 Market Square, City Hall Building, 8a' Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: 506-658-2862 Telecopier: 506-674-4214 le 2018. Signature du propridtaire ou Foccupant L'appelant(s) a (ont) l'intention d'utiliser la langue francaise ou anglaise (Veuillez cocher la case appropriee). Veuillez faire parvenir votre Avis d'appel par courrier recommande au secretaire de The City of Saint John dans les quatorze (14) jours qui suivent la notification de 1 'avis a 1 'adresse suivante : Bureau du greffier communal 15 Market Square, Edifice de Fh6tel de ville, 8e stage Case postale 1971 Saint John (Nouveau -Brunswick) E21, 4L1 T616phone: 506-658-2862 T616copieur: 506-674-4214 Notes: Notes : may be represented by counsel. 3. On an appeal, the Saint John Substandard Properties Appeal Committee may confirm, modify or rescind the notice or extend the time for complying with the notice. 4. The Saint John Substandard Properties Appeal Committee shall provide a copy of its decision to the owner(s) or occupier(s) of the premises, building or structure who brought the appeal within fourteen (14) days after making its decision. 5. The owner(s) or occupier(s) provided with a copy of a decision from the Saint John Substandard Properties Appeal Committee may appeal the decision to a judge of The Court of Queen's Bench of New Brunswick within fourteen (14) days after the copy of the decision was provided to the owner(s) or occupier(s) on the grounds that (a) the procedure required to be followed by the Municipalities Act was not followed, or (b) the decision is patently unreasonable. a —rr — (ont) le droit d'etre entendu(s) et peut(vent) se faire representer par un avocat. 3. Lors d'un appel, le Comite d'appel des proprietes inferieures aux normes de Saint John peut confirmer, modifier ou annuler 1'avis ou proroger le delai pour s'y conformer. 4. Le Comite d'appel des proprietes inferieures aux normes de Saint John doit fournir une copie de sa decision au(x) proprietaire(s) ou a l'occupant(s) des lieux, du batiment ou de la construction qui lui a(ont) inter W appel dans les quatorze (14) jours suivant la date;k laquelle it a rendu sa decision. 5. Le(s) proprietaire(s) ou l'occupant(s) a qui une copie d'une decision a ete fournie par le Comite d'appel des proprietes inferieures aux normes de Saint John peut(vent), dans les quatorze (14) fours qui suivent, inter eter appel de la decision devant un juge de la Cour du Banc de la Reine du Nouveau -Brunswick au motif que (a) la demarche a suivre en vertu de la Loi sur les municipalites n'a pas ete suivie, ou (b) la decision est manifestement deraisonnable. CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF 'SAINT JOHN Ly" AINI I J01 -, ts -IN, NB. (PID nuniber AFFIDAVIT OF SERVICE of Saint John, N,13., Make Oath And Say As Follows. - 1, 1 am employed by The City of SaintJohn in its Growth and Comill unity Development Services Department. I have personal knowledge of the matters he cin deposed except where otherwise stated. I '2-(r) F 2, 01 C'A'C)'� at approximately I posted a copy of the attached Notice of Common Council Hearing Letter, marked Exhibit "A" to the front door of the building that is located at I Saint John, N,B, Sworn To before ineat the City of Saint John, N.B., on the 215T day of 2018 221 October 18, 2018 Permitting & Inspection / emice des inspectimis et de 11application By -Law Enforcement / Service (I'Application des Arrk6s Municipaux Phone VUl: (506) 658-2911 Fax / T61&: (506) 632-6199 Case Number: 16-056�6 VIA REGIS'I"ERED MAIL New Way, Realty, Corp 12eagreen Way Chesterniere, AB '1.1: X OL`8 Dear Sir/Madarn: This is Exhibit Referred to in the Affidavit of Sworn before me at the City of Sairit Johni, New BrunsyAck the __2Ldayof Cor"sionier of Oaths NO110E OF COMMON COUNCIL HEARING Re: Property located at 194 GLiilfi.ird St, PID 4 00362335 DangeroW.',, and Vacant BLdIding Program On October 4, 2018. a Notice to Comply was issued for the above mentioned property which required rennedU action to bring the building and premises into compliance with the Saint John Unsighll),) Pivnises untl Dt'ingerous Bi,dWings unelSlrucitwes B.Y-knv. T'he Notice to Comply -was posted to the bUilding on October 4, 2018, fhe fourteen (14) day appeal period has now expired. 'I'herefore, as compliance inspection Nvill be conducted on November 5. 2018, If the propefly is not in compliance with the aforesaid By-la,,v at the time ofthe inspection, City Staff will be attending the Common Council meeting scheduled on Novernber 19, 2018 at 6:00 p.in. to, recommend that (lie bLdIding be demolished. Please be advised that at this rneefing, you will have the opportunity to present evidence to the contrary. If you have any questions, please do not hesitate to contact me at (506) 658-2911, Regards, Rachel Van Wart, EIT' 'Fechnical Services Officer R0 , Box i97r 92 Sjmr,A Idin, NB Saint NA, Canada EA 4L 1 CanNla L2L 4L MINI' 101-I1 I 222 I m I I m I m I m I m m 6 0 1 1 0 CL m 1 41 COUNCIL REPORT M&C No. 2018-313 Report Date November 08, 2018 Meeting Date November 19, 2018 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Review of Municipal Exceptional Citizen Recognition Awards OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Jonathan Taylor Jonathan Taylor m I Neil Jacobsen RECOMMENDATION It is recommended that the Common Council: a) Receive this report for information. b) Direct the Common Clerk to prepare a Freedom of the City Policy to enable the award be granted to exceptional individuals and groups, including military and cadet units. c) Strike an Award Committee consisting of two council members and one designated staff to prepare an award program for citizen recognition. EXECUTIVE SUMMARY HISTORICAL FREEMAN OF THE CITY OF SAINT JOHN Royal Charters were a means to provide for Colonial Government. The City of Saint John Royal Charter, dating back to 1785 provided for Freeman of the City. This distinction was an essential requirement for all who wished to carry on business and trade in the City. The Charter provisions to grant Freemen of the City were abolished by an act of the legislature in 1870. The 1901 Act to amend the Charter transformed the medieval practice of granting freemen privileges and allowed the City to confer Freedom of the City upon any person for the purpose of Honorable Distinction by unanimous vote. MODERN FREEDOM OF THE CITY OF SAINT JOHN From 1901 to date the City has awarded the Freedom of the City to 179 people, including: Charles I. Gorman, World Speedskating Champion (1926); Kenneth Colin Irving, Industrialist (1984); H.M.C.S Brunswicker, Naval Reserve Unit (1985). Today this is an entirely ceremonial award given by the City to acknowledge P4dc3 -2 - those who have served in some exceptional capacity, or upon any whom the City wishes to bestow an honor. OTHER MUNICIPAL AWARDS Other municipalities recognize community members by various awards, such as the Order of Moncton, the Mount Pearl Citizen of the Year, and the City of Vancouver Freedom of the City. A review of other municipal exceptional citizen recognition programs is included in Appendix "A". 69114xial10rm,illIIFA01WAM,ri1ilk] 9M To enable proper consideration to an Awards Program suitable to the needs of Council, it is suggested the work be referred to a committee consisting of two members of council and designated staff. FREEDOM OF THE CITY POLICY To enable proper consideration of Freedom of the City, it is suggested that the Clerk's Office be directed to draft a Freedom of the City Policy. The policy should include provisions for awarding the Freedom of the City to military units and exceptional individuals. PREVIOUS RESOLUTION October 22, 2018 RESOLVED that the matter Freedom of the City Award / Citizen of the Year Award be referred to the Common Clerk for research and a report on the context of the Freedom of the City and other alternate awards such as citizen of the year award. REPORT HISTORY AND ORIGINS Freeman Privileges under the Royal Charter of the City of Saint John In Saint John the tradition of granting "Freeman of the City" was conceded by Royal Charter. The tradition of Freemen goes back many centuries (The City of London 1237), when the citizens of towns and cities would be granted valuable rights to trade, and other privileges conceded by royal charters. The medieval term "freeman" meant someone who was not the property of a feudal lord but enjoyed privileges such as the right to earn money and own land. Town dwellers that were protected by the charter of their town or city were often free. A Charter amendment enacted in 1870 abolished the making of Free Citizens of the City of Saint John. An amendment in 1901 allowed the City to transition from the freemen ceremony that extended rights to trade and other privileges to the modern ceremony that authorizes the Common Council of the City of Saint John to confer WEE the Freedom of the said City upon any person or persons for the purpose of Honourable Distinction. From 1843 to 1901 seven amendments to the Royal Charter's Freeman of the City provisions were enacted by legislature: • An Act for the amendment of the Charter of the City of Saint John, (1843) v Vict., c. 35 • An Act to establish a Register of Freemen of the City of Saint John in lieu of the Register lately destroyed by fire, (1843) 6 Vict., c. 37 • An Act in further amendment of the Charter of the City of Saint John, (1849) 12 Vict., c. 68 • An Act relating to non-resident Freemen of the City of Saint John, (1856) 19 Vict., c. 53 • An Act in further amendment of the Charter of the City of Saint John, (1870) 33 Vict., c. 4 • An Act to explain and amend the Law relating to the granting of Business Licenses in the City of Saint John, (1881) 44 Vict., c. 47 • An Act to Authorize the Common Council of the City of Saint John to confer the Freedom of the said City upon any person or persons in certain cases, (1901) 1 Edw. 7, c. 44 The City has in its possession the Register of Freemen. In it is recorded the list of every person who received Freeman of the City from 1785 until the granting of Freemen was abolished in 1881. It also lists the recipients who received the Freedom of the City from 1901 to date. Freedom of the City for Individuals The Freedom of the City has been awarded to numerous individuals since 1901. Some notable recipients are: Charles I. Gorman (1926) World Speedskating Champion; The Rt. Hon. William Maxwell Aitken (1928) Lord Beaverbrook Foundation / Philanthropist; The Rt. Hon. Richard Bedford Bennett, Prime Minister (1933); Louis Burt Mayer (1939) Film Magnate; Fred Ross (1999) Visual Artist; J.K., Jack and Arthur Irving (2012) Business Leaders. Traditionally, a ceremony has been held for the Freedom of the City recipient and a formal dinner/banquet has been arranged. The Mayor and Council attend the event and a number of guests are invited to honour the recipient. The City does not have a Policy to establish the process for awarding the Freedom of the City. The enabling statute only states that the Freedom of the City may be bestowed upon any person or persons for the purpose of Honourable Distinction, by unanimous vote of Council. It is suggested that for consistency and transparency the City consider a Freedom of the City policy. The policy would address: -4- • Conditions for Award of Freedom of the City • Nomination Process • Forms of Recognition. A sample Freedom of the City Policy from the City of Vancouver is attached as a precedent. (Appendix "B") Freedom of the City for Military Units The Freedom of the City, in military terms, is an honour conferred by a city council upon a military unit, which grants that unit the privilege of marching into the city "with drums beating, colours flying, and bayonets fixed". The ceremony represents a military tradition that began in England during the 15th century and is still an important part of the traditions of the Canadian Army today. During the War of Roses in England, cities were constantly endangered by invading military units from one side or the other. Before a city would admit a military unit inside its walls, the Chief Constable would demand to know the reason the soldiers wished to enter the city, then escort their commander to the chambers of the city council. If the city leaders felt the unit could be trusted, it was granted the privilege known as "The Freedom of the City". The Mayor plays an important ceremonial role in this event by giving greetings to the military units, inspecting the units and presenting the Freedom of the City certificates. Freedom of the City for Cadet Units It is important to note that the cadet units are not considered military units. They can be described as civilian organizations supported and funded by a national civilian organization. In 2017 The City granted Freedom of the City to nine Greater Saint John area cadet units. Other Municipal Awards There are many ways to honour community champions and persons of honorable distinction through an awards program. It is suggested that should Council want to investigate a Council Awards Program, a committee should be struck to discuss the matter and present their finding to Council. It is recommended that the Awards Committee be comprised on two council members and one staff resource. A review of other municipal exceptional citizen recognition programs is included in Appendix "A". 091-1 -5 - STRATEGIC ALIGNMENT Vibrant City — Invest in Cultural experiences that Create a Sense of Pride SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS NONE P49YA APPENDIX A: Review of Other Municipal Exceptional Citizen Recognition Programs. P4c1:3 Exceptional Honours Presented to Schedule of Municipality Name Awarded Calgary Grant Grant MacEwan Award recipients are MacEwan Lifetime Achievement honoured with a custom, annually. Lifetime — awarded to bronze trophy in the shape Achievement individuals who have of City Hall at a live, made significant televised event held at a contributions to the municipal complex. A community for the past reception at City Hall for 25 years. award recipients and their guests follows the live Citizen of the Citizen of the Year— a awards event. Year Calgarian who has made a recent extraordinary contribution to improve Calgary's quality of life. Coquitlam Freedom of Conferred on Parking pass valid for Awarded the City individuals having anywhere in Coquitlam. sporadically. made outstanding long- term contributions to Right to be registered to the City, made a vote in election for Mayor significant and Council. improvement in City life and culture and If Canadian, qualified to be been recognized by nominated, elected and their peers and outside hold office in the City. of Coquitlam. Edmonton Hall of Fame Honours 12 individuals A choice of lapel pin / ring / Awarded & groups for pendant annually. contribution to Arts & Culture, Community Public recognition at annual Service, or Sports. ceremonies with pre -event (VIP) and post -event (public) receptions. Montreal Prix Therese- Person of the Year Certificate Awarded every Daviau award to honour a two years. distinguished Montreal resident in areas of social development, culture, sports, leisure and who has significantly contributed to P4c1:3 APPENDIX A: Review of Other Municipal Exceptional Citizen Recognition Programs. 0910.1 improving the quality of life for Montrealais. Kelowna Freedom of Reserved for individuals Awarded to a distinguished Awarded the City or military units of person or group through a sporadically as exceedingly high merit public presentation where commendable and/or recognizes recipients receive a lifetime recipients are outstanding community parking pass, a framed identified. contributions of benefit certificate and a portrait to Kelowna. sitting. (One copy of portrait displayed in City Hall, one copy given to recipient). Ottawa Key to the City Presented to various Award recipients are Awarded dignitaries and presented with a key to the sporadically as residents of high merit. City and a framed scroll at a commendable public presentation. recipients are identified. Victoria Honorary Celebrates individuals Award recipients are Granted every Citizen Award who have made presented with a framed three years. significant certificate at a ceremony. A contributions to professional photograph is Victoria through service taken at this time and to the community or provided to the recipient at personal achievements. a later date. Moncton Order of Award recognizes Recipients receive a medal, Awarded Moncton individuals who have a pin and a certificate of annually contributed to the honour at a formal social, cultural and induction ceremony held at economic well-being of Moncton City Hall. A public the City. Selection reception follows at City Committee comprised Hall. of 3 members of Council and 3 citizens make the final decision. No Council resolution is required. Vancouver Freedom of Freedom of the City is Recipients of the award a Awarded the City the highest award recognized during a special sporadically as given by the City of ceremony at Council, which commendable Vancouver. Members consists of the reading and recipients are of City Council presentation of a framed identified. nominate individuals scroll, the Freedom Medal, for the award. and a decal that permits According to the free parking at City parking Vancouver Charter meters. Recipients have (Section 205), these their names inscribed in the nominations must be Book of Freedoms and are 0910.1 APPENDIX A: Review of Other Municipal Exceptional Citizen Recognition Programs. PZ1IR approved by unanimous vote of Council. entitled to be called Freemen of the City of Vancouver. Mount Pearl Citizen of the A committee consisting Recipients receive a Awarded Year of Council members certificate and the City Annually and the Kinsmen hosts a banquet. review the nominations made by the public. Toronto Freedom of The award is granted to The Mayor presents a scroll Awarded the City a military entity that to the reserve regiment sporadically as has enjoyed a long and allowing it to march commendable happy relationship with through the city with its military units the City. It is one of the band playing, its regimental are recognized. most important flags flying, and with honours received by a bayonets on its weapons. military unit. The regiment will march into Nathan Phillips Square and after the ceremony will parade through the streets of Toronto. The presentation of a Awarded Key to the City The Key to the City is ceremonial key and sporadically as bestowed upon certificate honour commendable distinguished citizens outstanding civic recipients are and residents as well as contributions of each recognized. honoured guests of the recipient. Historically, it has City of Toronto. The been at the discretion of Mayor has given the the Mayor to determine key to people who have who receives the Key to the changed how Toronto City. feels about itself and those that have contributed positively to the city and the lives of its residents. PZ1IR 5SP�CITY OF VANCOUVER POLICY TITLE . ... . . ........... . Freedom of the City CATEGORY Council ............ — — -.--_ __._____ POLICY NUMBER . ..... _._COON -001 Y OWNER . ... . .... . ............ City Manager's Office ...... ACCESS. .................... .......... — - — ----- ................... . Maz-#_M4 The purpose of this policy is to establish the process for awarding of the Freedom of the City by Vancouver City Council, in accordance with Section 205 of the Vancouver Charter. SCOPE This policy applies to Mayor and Council of the City of Vancouver. DEFINITIONS Freedom of the City The highest award that the City can bestow on an individual or organization to recognize their achievements and contributions to the city of Vancouver POLICY STATEMENTS 1. Conditions for Award of Freedom of the City City Council reserves the award of Freedom of the City for individuals and groups of exceedingly high merit who have made outstanding long-term contributions to Vancouver Recipients have generally gained national and international acclaim in the arts, business, or philanthropy, and have brought recognition to Vancouver through the pursuit of their achievements. 2. Nomination by City Council 2.1. Nominations for award of Freedom of the City should be presented by a member of Council in writing to the City Clerk and should clearly outline the accomplishments and/or the distinguished contribution that the individual or group has made to Vancouver. 2.2. The City Clerk will bring the nomination forward to Council at an in -camera meeting for unanimous approval. Awarding of the Freedom of the City requires unanimous consent of Council. 3. Forms of Recognition PZ11 I 3.1. A recipient of the Freedom of the City shall: a. Have their name recorded in the City's Book of Freedoms; b. Receive a certificate from the Mayor during a civic ceremony; c. Receive a customized medal-, d. Receive a recreation card good for free admission to Park Board's pools, rinks and fitness centres. The recreation card will be issued for the life of the recipient. Next review date 11/2/2020 Page 2 of 2 From: Nicole Vair <INI. Vvair@wsai Date: November 5, 2018 at 11:14:12 AM AST Subject: You're Invited - YMCA Peace Medallion Breakfast - November 21st Good morning We would love for you to join us on November 21st to celebrate local peacemakers at our annual Peace Breakfast. This year we are excited to celebrate Shelley Scott, Ruhamma Zaheeb and the Joint Assisted Sponsorship Group from Rivercross Church. All of the recipients were nominated by community members for the award. Shelley Scott volunteers at programs such as the Coverdale Centre, Bobby's Hospice and the west side Foodbank. She is an inspiration those around her. Ruhamma Zaheeb, the youth recipient, is a newcomer Youth who made it her top priority to make a difference in her community as soon as she arrived. Ruhamma is a volunteer and a champion of many community programs, and is recognized for her work in advocating for children's rights as well as giving a voice to other refugee women. The recipients of the group Peace Medal are volunteers of the RiverCross Joint Assisted Sponsorship (JAS) Group. The members of JAS stepped up to support a young, pregnant, widowed mother of five young children arriving in Saint John. They embraced this family and helped them to not only to get settled in their new community, but to work through their troubled past and begin to build a new fulfilling life in Canada. The Peace Breakfast will be held at the Delta in Uptown Saint John on November 21st. The buffet breakfast will take place between 7:30 — 8:00 am, with the officially ceremony happening at 8:00 am. Tickets are $25 and support YMCA Global Initiatives. You can learn more and purchase tickets online here: Peace Breakfast Tickets Please let me know if you have any questions. We hope to see you there! Nicole PZ1 1 191 6 Ulm #rvop(ht ' Im shac6 Click to view this email in a browser The Canadian Home Builders'Association N13 Invites You -to Our November 2,018 Dinner Meetings A M 7 12018 Housing Market Performance and What We Can Expect for 20,19 Presented by: IKelvin 1144oiro, Senior Analyst, Economics, CMHC Attendees at this Dinineir Meeting will hear how thea residential constructlon industry perforr'ned this year compared to previo,,lis years and what we can expect in 2019, N-lowiq,tanymieA(start,,,,,,did til e industry have In 2018? 1 low rnany multl-units were built' $iow dld our region perforrn cornpared to other iregions? Coirne and learn alll that and morel Attention Mevnbers; Bring A Potential New Member Night and We Pick Up the Bill. This is as great session for potential new members to learn about our Association and gain insight into the value of rnernbership, Help us build a stronger voice and gain new rnernbers, RIEGISI'RA110114 ll:°ORIA C'1_100SO 'Whit h S�e$Ss(M() YOU Wish to Mend edwicton _—Sussex Saint'john 1'4ann�,n(s)� Co rvjaj hy, CeIL currjjo,any� PZ11 El I 1!7A "f VIE11`11`11WETI-IOD I,iy wit Card �)Jrr - - ---- Chi:xpue aN MiP".•�istlnip Cash At N/heii:'tjng C lr: 1 11 Mrd 1.3 e O a P� C i, e d i t a � d 4': I',kame an Daid: . . . . . . . .................. . ............................. Auftrwzecl SpaWre: RII,GISTRAT110111 DEADI 11 N E S 114c,ii:,mbiai 12,20'[8 noon SiUssila'< P,At.11 eiin!hv > I , 201 "., `,JcvenrilceN, 231, 2018 - noon TO REGIISTER. COMPLETE THE REGISTRATION FORM AND FAX IT TO OUR OFFICE OR REPLY TOTHIS EMAIL. EMAIL: CHBANBmembershipservices@nb.aibn.com (Denise Desjardins) Fax 506-450-4924 If you no longer wish to receive these emails, please reply to this message with "Unsubscribe" in the subject line or simply click on the following link: Unsubscribe Canadian Home Builders' Association New Brunswick 207-403 Regent Street Fredericton , New Brunswick E3B 3X6 \/ertical Canada nnponse ,KLUXECOMPAW Read the VerticalResponse marketing policy. Fn?k, EmiW Markeltimg >> DP �[IWEA 0 SUBMISSION TO COUNCIL FORM I he cltg of saint pahn ABOUT PERSON/GROUP PRESENTING First Name: Susan Last Name: Taylor Name of Organization/Group (where applicable): 2019 Canadian Tire National Skating Championships Mailing Address: 35 Lynn Avenue City or Town: Saint John Province: NB Postal Code: E2J2Z6 Day Time Phone Number: 506 650-5871 Email: taylorrc@nbnet.nb.ca ❑ If you do NOT wish to have your personal information (address, phone number, email) become part of the public record, please check this box. ABOUT YOUR SUBMISSION Topic of Submission: Community Grant Application Request Purpose for Submission (what is the ask of Council): As the LOC Co-chair of this event, we presented information on our event to Council on February 26th, 2018, with no ask for sponsorship at that time as we had been advised to apply for funding through the Community Grant program. However, the timing of our event disqualifies us from the 2018 application process, and the 2019 process is not awarded until after our event concludes (January 13 — 20, 2019), which also disqualifies us as an applicant, hence identifying a problem with the application process. Because of this conflict, we were then advised to write a letter to Council in hopes of finding a solution to our funding application dilemma. We are requesting a sponsorship in the amount of $10,000. Executive Summary: Please see attached additional information. YOUR SIGNATURE Signature: Susan Taylor Date: 2019-11-15 2019 Canadian Tire National Skating Championships January 13 - 20, 2019 Saint John, New Brunswick A not-for-profit organization, Skate Canada/Patinage Canada is the oldest and largest figure skating organization in the world and is recognized by the Government of Canada and the Canadian Olympic Committee (COC) as the governing body for the sport of figure skating in Canada. Skate Canada/Patinage Canada is dedicated to creating a nation of skaters both recreationally and competitively. Skate NB / Patinage NB is the governing section in New Brunswick and is comprised of 35 clubs organized into regions. Region 4 encompasses Saint John, Quispamsis and Sussex. The 2019 Canadian Tire National Skating Championships will be hosted by Region 4 from January 13-20, 2019, at Harbour Station and QPlex, respectively. The championships will feature approximately 250 of the country's best skaters in the men, women, pairs, and dance disciplines, competing in three levels: senior, junior, and novice. This will be the first national championships following Canada's very successful 2018 Olympic Winter Games. It is expected that 2018 World Bronze medalists and Olympians, Kaitlyn Weaver and Andrew Poje, will be competing in Saint John in senior dance. Additionally, Olympians Gabrielle Daleman, Keegan Messing, Piper Gilles and Paul Poirier and the next cohort of Canadian skating talent will be featured. The pre-eminent national championships will see athletes vie for spots on the Skate Canada National Team and the Canadian teams that will compete at the 2019 ISU World Figure Skating Championships, 2019 ISU Four Continents Figure Skating Championships and 2019 ISU World Junior Figure Skating Championships. In addition to team selection, the 2019 Canadian Tire National Skating Championships contribute to figure skating development across the country and in particular in New Brunswick, providing inspiration to aspiring skaters to embrace the joy of skating. Hosting the national championships will help the long term success and sustainability of local clubs in New Brunswick. The 2019 Canadian Tire National Skating Championships are also about community development and pride. In fact, the 2019 Canadian Tire National Skating Championships include economic, social and cultural benefits that impact the host region and province as well as the participants, volunteers and spectators who experience the Championships. Skating at any level is a part of our Canadian culture, and knowing how to skate well improves the enjoyment provided by this popular sport, whether it involves skating just for the pure joy of gliding across the ice, or playing hockey, or figure skating. Physical fitness is in the forefront of everyone's mind in this society, and knowing how to skate provides a great avenue to promote wellness for all of life, no matter the age. The 2019 CTNSC is expected to attract visitors from all over the country. The Hilton Saint John and Delta Hotels by Marriott Saint John are fully booked, as official hotels from January 12 to 20, 2019. Approximately 2,700 hotel rooms will be required, excluding rooms required for out of town spectators. The QPlex is booked fully from January 12 to 19, 2019 and Harbour Station is fPz1:3 -2— booked exclusively from January 12 to 20, 2019. Transportation (buses from Optimum Ride of Sussex) will run every 30 minutes from the QPlex to Harbour Station / Delta from January 13 to January 19, 2019. We hope engagement with retail outlets in Saint John and Quispamsis, including store fronts with skating themes and promotions, will create a dynamic atmosphere that leads to economic spending and growth. Watch the area come alive in January! Additionally, the live streaming and live CTV/TSN televised broadcasting allows Saint John and Quispamsis to be highlighted as a tourism destination. Practices will livestream from the Qplex from January 13 to 19, 2019. Exposure could be widened with television commercials, rink boards and advertising in house at the event. Hosting the 2019 Canadian Tire National Skating Championships provides the opportunity to welcome and showcase our city to a number of high level government officials from the local to federal levels, prestigious members of the figure skating world and Canadians across the country. The host committee is confident that the 2019 Canadian Tire National Skating Championships will create a positive and significant economic spinoff. The STEAM (Sport Tourism Economic Assessment Model) analysis conducted for the 2018 Canadian Tire National Skating Championships in Vancouver, estimated the economic spinoff of 6 million dollars. The economic spin-off in Greater Saint John is expected to be at least 2.5 million dollars (see attached STEAM). It is a struggle for smaller venues to attract sporting events. Smaller towns and cities cannot compete with larger cities that attract bigger audiences due to large populations. Further there are increased costs with smaller cities, particularly, travel costs. As such, we are reliant on sponsorship in order to ensure that the 2019 Canadian Tire National Skating Championships is profitable, thereby, encouraging further events to be awarded to the area. JA11''N11" k"'IN 13 It - A, hl""'["'I MJA Ca", :'Ha I he Office of the COI�TUTIOIrl Cleirk PO E.:tOX 1971 S a i in t J 0 h Irl, N E.:'� 2 1 4. IL...'1 Atteintiorr C.ouincii aind Giraints C.omimittee I he JUIrli0ir Achieven'ient Annual 1::::utuires Unlin,iited Gala will be talkiin 1place at the Saint JohIrl I irade & Convention Centire OIrl IMaircl,u 1 91h, 2019, 1 he Gala is Iheld each year to celebrate the aMYTIlplishin'ieints and successes of students that pairticilpated in JUIrli0ir Achieven'ient's COin'q:)any PrOgirain'i, Ouir IKeyirucate S�peakeir this year will be Keith Eairideau, President & CIE.::.:D of HiStOirica, an awaird winning develqpeir recognized by the City of Saint JOhIrl, Over the 1past few years the City of Saint JOhIrl has Sli:)OlrISOired the "Saint John Distinguished Achiever" awaird and we acre `10li:)eful that the City of Saint JOhIrl is able to do SO again at the 2019 Gala, I he awaird Sli:)OlrISOirshilp is $300,00 and includes 1 C01�11lpliin'ieintairy ticket to the Gala, A chairitable ireceilpt will be given for the full an,iount, i Would also like to extend an invitation to May0ir Darling to j0iIrI us that evening, biring greetings firOln'i the City and 1pireseint the awaird to the deserving Achiever, I Ihaink YOU SO irrruaclh for taking the tin'ie to ireview and consider n'iy irequest and if YOU have any questions please feel firee to contact in'ie at 506, 457,74,20 Oir via ein'iail at amanda(c-Nanewbrunswick.ca, Sincerely, Amanda Carey Regloiriall Il anageir 1I 506.. 45T. '7420 1I amandga-manewbrunswick.ca 1, 01 Aj JA 7, NU mbu'A W/e"'re cw) a trits's,'mr) tc� it).spire ar)d prepare jmtith tc� s,'ticceed it') a �bal eccwmtrijI, A New 1Birunswick I" c " I ' k ca ' " I @JA NiB F:10 Il 631, Station A I Fredericton, NIS I E 313 5A6 1,506,4.55,6552 POE.: Ox 631, Stin, A ::::�iredeiriCtOlrl, NAE.: E.:..:.31E.: 5A6 wwwjanewbirunswick,ca P491191 From: McAlary, Shirley Sent: November -19-18 10:05 AM To: O'Connor, Colleen Cc: Taylor, Jonathan Subject: Re: Kiwanis Christmas Breakfast The Kiwanis Christmas Breakfast is being held on Tuesday, December 11th 2018 at Lily Lake Pavilion commencing at 7:30am. This breakfast has been held for many, many years in Saint John by the Kiwanis Club and all proceeds are used to promote our youth and others in our community. It is somewhat of a traditional Christmas event. Tickets are $15.00 each and it would be nice if all Council tried to attend. Shirley McAlary Deputy Mayor / Mairesse suppleante City of Saint John, N.B. / N. -B. (506) 977-3852 or (506) 648-0487 251 .'„ Taylor, Jonathan From: O'Connor, Colleen Sent: November -19-181:03 PM To: Taylor, Jonathan Subject: United Empire Loyalists' Association of Canada NB Branch Christmas Gathering Attachments: Scanned from a Xerox Multifunction Printer.pdf Hi Jon, The United Empire Loyalists' Association of Canada NB Branch will be holding their Christmas Gathering on December 3rd at 1 pm at the Union Club. Tickets are $40 per person. WOUIld it be possible to add this ticket request as a supplemental item to this evening's agenda? C. Colleen O'Connor BA, BBA Administrative Assistant City Of Saint John I Office of the Common Clerk PO Box 19711 Saint John, NB E2L 41_1 506.658.2862 1 FAX 506.674.4214 www.saintpohn.ca -----Original Message -a --- From: CommonClerkXerox( saint'ohn.ca mailto:CommoggIprLXerox saint ohn ca] Sent: November -19-1812:59 PM To: O'Connor, Colleen Subject: Scanned from a Xerox Multifunction Printer Please open the attached document. It was sent to you using a Xerox multifunction printer. Attachment File Type: pdf, Multi -Page Multifunction Printer Location: Common Clerk 8th Floor 15 Market Square Saint John NB Device Name: CommonClerk-Xerox For more information on Xerox products and solutions, please visit http://w.xerox.com X52 November 19, 2018 Deputy Mayor and Councillors Subject: Appointment to City of Saint John Board of Police Commissioners The Committee of the Whole, having met on November 5th, 2018, made the following recommendation for appointment to the City of Saint John Board of Police Commissioners: Saint John Board of Police Commissioners: To appoint Edward Keyes for a three year term from November 19, 2018 to November 19, 2021. Sincerely, r Don Darling Mayor GO - SAINT JOHN P.O. Box 1971 Saint John, EJB Canada E2L 4L1 I www.saintjohn.ca w C.R 1971 Saint John, N. -B. Canada E2L 4L1 184*j November 19, 2018 Deputy Mayor and Councillors Subject: Population Growth — Succeed and Stay Proposal The Committee of the Whole, having met on November 19th, 2018, made the following recommendation: RESOLVED that as recommended by the Committee of the Whole having met on November 19th, 2018 Common Council authorize the Mayor and Common Clerk to sign and submit the Succeed and Stay proposal to the Atlantic Canada Opportunities Agency and the Government of New Brunswick on behalf of the City of Saint John. Sincerely, Don Darling Mayor u - - - - - - ----------- SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4Li �' www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 KIM"I