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2016-05-02_Agenda Packet--Dossier de l'ordre du jour City of Saint John Common Council Meeting Monday, May 2, 2016 Committee of the Whole 1. Call to Order Si vous avez besoin des services en français pour une réunion 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: th 4:30 p.m. 8 Floor Boardroom City Hall 1.1 Approval of Minutes 10.2(4) 1.2 Financial Matter 10.2(4)(c) 1.3 Financial Matter 10.2(4)(c,d) 1.4 Employment Matter 10.2(4)(j) 1.5 Legal Matter 10.2(4)(f,g) 1.6 Financial Matter 10.2(4)(c) 1.7 Land Matter 10.2(4)(d) Ville de Saint John Séance du conseil communal Le lundi 2 mai 2016 18 h, Salle du conseil Comité plénier 1. Ouverture de la séance Si vous souhaitez obtenir des services en français pour une réunion du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. Chacun des points suivants, en totalité ou en partie, peut faire l'objet d'une discussion en privé en vertu des dispositions prévues à l'article 10 de la Loi sur les municipalités. Le conseil/comité prendra une ou des décisions à cet égard au cours de la séance publique : e 16 h 30 Salle de conférence, 8 étage, Hôtel de ville 1.1 Approbation du procès-verbal paragraphe 10.2(4) 1.2 Question financière alinéa 10.2(4)c) 1.3 Question financière alinéa 10.2(4)c) 1.4 Question relative à l'emploi alinéa 10.2(4)j) 1.5 Question juridique alinéas 10.2(4)f), g) 1.6 Question financière alinéa 10.2(4)c) 1.7 Question relative aux biens-fonds alinéa 10.2(4)d) Séance ordinaire 1. Ouverture de la séance, suivie de la prière 2. Approbation du procès-verbal 2.1 Procès-verbal de la séance tenue le 11 avril 2016 2.2 Procès-verbal de la séance tenue le 18 avril 2016 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'intérêts 5. Questions soumises à l'approbation du conseil 5.1 Examen de la politique relative aux spécifications générales (sections 2 et 6) (recommandation figurant au rapport) 5.2 Examen des spécifications générales de 2016 (recommandation : accepter à titre informatif) 5.3 Nomination d'inspecteurs dans le cadre de l'administration et de l'application de divers arrêtés (Service de la croissance et du développement communautaire) (recommandation figurant au rapport) 5.4 Programme de remplacement des rails de sécurité de 2016 (recommandation figurant au rapport) 5.5 Date proposée pour les audiences publiques 112-122, rue Waterloo, 182, chemin Golden Grove et 107 et 123, chemin Crawford (recommandation figurant au rapport) o 5.6 Contrat n 2016-10 : Promenade McAllister Renouvellement de la conduite d'eau principale Phase 1 (chemin Westmorland jusqu'au 402, promenade McAllister) (recommandation figurant au rapport) 5.7 Invitation à participer à l'Initiative sur les changements climatiques et l'aménagement énergétique communautaire (recommandation figurant au rapport) 5.8 Installation de traitement des eaux usées de Lancaster Remplacement de la pompe à vis (recommandation figurant au rapport) 5.9 Contrat de services conclu entre Info Excavation et la Ville de Saint John en 2016 (recommandation figurant au rapport) 5.10 Date des audiences publiques pour la mise à jour de ZoneSJ (recommandation figurant au rapport) 5.11 Demande en vertu du fonds en fiducie visant les terrains d'utilité publique Projet de terrain de jeux de la rue Swanton 5.12 Sécurité aux passages à niveau du CN (recommandation : accepter à titre informatif) 5.13 Symphonie Nouveau-Brunswick Lettre de remerciement (recommandation : accepter à titre informatif) 5.14 H. Crosby Demande de parrainage pour le défilé de beauté National Canadian Girl, Teen and Miss Pageant (recommandation : consulter le Comité des subventions communautaires) 5.15 Saint John Cycling Club Demande visant la proclamation (recommandation : que le greffier communal rédige la proclamation) 6. Commentaires présentés par les membres 7. Proclamation er 7.1 Semaine de la sécurité civile Du 1 au 7 mai 2016 8. Délégations et présentations 8.1 Présentation sur la mise en valeur de Fort LaTour 8.2 Présentation de Sculpture Saint John 9. Audiences publiques 18 h 30 10. Étude des arrêtés municipaux 10.1 Projet de modification de l'arrêté relatif aux aires de conservation du patrimoine de Saint John 11. Interventions des membres du conseil 11.1 Présentation de Port City Water (conseiller Strowbridge) 11.2 Pétition relative à la stratégie canadienne sur la réduction de la pauvreté (conseiller Strowbridge) 12. Affaires municipales évoquées par les fonctionnaires municipaux 12.1 Utilisation externe potentielle du logo de l'explorateur du Programme « Croissance réelle » de la Ville de Saint John en vue de la création d'un programme de marchandisage public 12.2 Mise à jour concernant le respect des règles relatives au parc de stationnement 171 et 173, rue Germain 12.3 Projets de construction d'une route pour 2016 12.4 Travaux relatifs au revêtement asphaltique pour 2016 12.5 Contrat de licence pour le système de partage de vélos ViaBike 12.6 Demande de contribution à l'asphaltage de l'aire de stationnement du terrain de golf 12.7 Mise à jour concernant les dommages à la plage Mispec 12.8 Recommandation concernant l'attribution du contrat pour des services de téléphonie mobile cellulaire (voix et données) 13. Rapports déposés par les comités 14. Étude des sujets écartés des questions soumises à l'approbation du conseil 15. Correspondance générale 15.1 Association des chauffeurs de taxis de Saint John Transition structurée des taximètres 16. Ordre du jour supplémentaire 16.1 Activités entourant les permis de construction pendant le premier trimestre o 16.2 Contrat n 2016-11 : Rue Newman Conduite d'eau principale, égouts sanitaires et travaux de réfection de la rue o 16.3 Contrat n 2016-12 : Travaux de resurfaçage d'asphalte pour 2016 16.4 Programme printanier de balayage des rues de 2016 16.5 Semaine des services paramédicaux Du 22 au 28 mai 2016 16.6 Demande de fixer une date pour la présentation par le Conseil du perfectionnement social ou LivingSJ 17. Comité plénier 17.1 450, promenade Falls View Demande de propositions 17.2 Éclaircissements quant aux dispositions régissant les procédures et le mandat du Comité d'appel sur les résidences non conformes aux normes de Saint John et la nomination du président et vice-président 17.3 Abrogation législative relative au terminal de gaz naturel liquéfié 17.4 Maisons de couleurs vives Option accordée à Saint John Non-Profit Housing 18. Levée de la séance MINUTES SPECIAL MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN APRIL 11, 2016 AT 4:00 PM IN THE COUNCIL CHAMBER Present: Mayor M. Norton Deputy Mayor S. Rinehart Councillor B. Farren Councillor S. Fullerton Councillor G. Lowe Councillor J. MacKenzie Councillor S. McAlary Councillor D. Merrithew Councillor G. Norton Councillor D. Reardon Absent: Councillor R. Strowbridge Also Present: City Manager J. Trail Deputy City Manager N. Jacobsen City Solicitor J. Nugent Commissioner of Finance and Treasurer K. Fudge Commissioner of Growth and Community Development J. Hamilton Police Chief J. Bates Common Clerk J. Taylor Deputy Common Clerk P. Anglin 1. Call to Order Mayor Norton called the special meeting to order. 1.0 Approval of Agenda Moved by Deputy Mayor Rinehart, seconded by Councillor McAlary RESOLVED that the agenda of this meeting be approved. MOTION CARRIED. 1.1. Amendment to the City's Heritage Conservation Areas By-law - Irving Oil Limited Home Office Project - 30 King Square South The City Manager outlined the appeal filed to the Assessment and Planning Appeal Board (APAB) halting the Iriving Oil Limited Home Office project, and staff options and timelines to seek objective assessment and solution and to balance the Community Moved by Councillor McAlary, seconded by Councillor Merrithew RESOLVED 1. Heritage Conservation Areas By-law - Attachment A of the submitted report entitled, Recommendations - Amendment to the City's Heritage Conservation Areas By-law - Irving Oil Limited Home Office Project - 30 King Square South to enable the Irving Oil Limited Home Office Project (the IOL Project) to move forward in a timely manner; 2. That Council adopt an expedited schedule, as outlined in the submitted report for consideration of the By-Law amendment; 3. Refer the recommended By- Board for advice; and 4. Schedule a public hearing date of April 28, 2016 at 5 pm in Council Chambers to enable Common Council to consider the proposed amendment and proceed with advertising in accordance with the requirements of the Heritage Conservation Act. MOTION CARRIED. 18. Adjournment Moved by Councillor McAlary, seconded by Councillor MacKenzie: RESOLVED that the meeting of Common Council held on April 4, 2016 be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 4:14 p.m. Mayor / maire Common Clerk / greffier communal MINUTES REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN APRIL 18, 2016 AT 6:00 PM IN THE COUNCIL CHAMBER Present: Mayor M. Norton Deputy Mayor S. Rinehart Councillor B. Farren Councillor S. Fullerton Councillor G. Lowe Councillor J. MacKenzie Councillor S. McAlary Councillor D. Merrithew Councillor G. Norton Councillor D. Reardon Councillor R. Strowbridge Also Present: City Manager J. Trail Deputy City Manager N. Jacobsen City Solicitor J. Nugent Commissioner of Finance and Treasurer K. Fudge Commissioner of Growth and Community Development J. Hamilton Acting Commissioner of Transportation and Environment M. Hugenholtz B. McGovern Commissioner Water B. Keenan City Engineer Deputy Commissioner of Growth Community Development P. Ouellette Fire Chief K. Clifford Police Chief J. Bates Common Clerk J. Taylor Deputy Common Clerk P. Anglin 1. Call to Order Mayor Norton called the meeting to order. 2. Approval of Minutes 2.1 Minutes of April 4, 2016 Moved by Councillor McAlary, seconded by Councillor MacKenzie: RESOLVED that the minutes of the meeting of Common Council, held on April 4, 2016, be approved. 3. Approval of Agenda Moved by Councillor Norton, seconded by Councillor Merrithew: RESOLVED that the agenda of this meeting be approved with the addition of the following items: 17.1 Consideration of Sale of Land for Public Purposes - Clovelly Drive; 17.2 Jelly Bean Buildings; 17.3 Saint John Industrial Parks Interim Project Financing- Saint John; and 17.4 Canaport LNG Legislative Repeal. MOTION CARRIED. 4. Disclosures of Conflict of Interest Councillor Fullerton declared a conflict with item 17.4. Councillor Lowe declared a conflict with items 12.3 and 13.1. Councillor MacKenzie declared a conflict with items 12.3 and 13.1. 5. Consent Agenda 5.1 That the letter from the Saint John District Labour Council regarding the Day of Mourning Ceremony be received for information. 5.2 That as recommended by the City Manager in the submitted report M&C 2016- 098: Tender for Asphalt Concrete Mixes, the seasonal tender for the supply of asphaltic concrete mixes be awarded to NRB Construction Company Ltd. for the pre-construction season (start of plant to May 1, 2016), construction season (May 2 to November 11, 2016) and post construction season (November 12, 2016 to plant close) as per their tender submission. 5.3 That the request to present from the Fort LaTour Development Authority be referred to the Common Clerk for scheduling. 5.4 That as recommended by the City Manager in the submitted report M&C 2016- 084: Proposed Public Hearing Date - 94-100 Rodney Street, 27 Cliff Street, and 37- 43 Peters Street, Common Council schedule the public hearings for the rezoning applications of Jean-Yves Boudreau (94- Inc. (27 Cliff Street) and Glenn Hildebrandt (37-43 Peters Street) for Monday, May 30, 2016 at 6:30 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for a report and recommendation. 5.5 That pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following 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: Reisa Ganz. And further that this appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or until the appointment is rescinded by Common Council, whichever comes first. 5.6 That as recommended by the City Manager in the submitted report M&C 2016- 105: Contract No. 2016-02: Princess Street (Charlotte Street to Sydney Street) Street Reconstruction, the contract be awarded to the low Tenderer, Fairville Construction Ltd., at the tendered price of $856,391.69 (including HST) as calculated Moved by McAlary, seconded by Deputy ayor Ri RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. MOTION CARRIED. 6. Members Comments Council members commented on various community events. 7. Proclamation 7.1 Day of Mourning in Recognition of Workers Killed, Injured, or Disabled on the Job - April 28, 2016 The Mayor proclaimed April 28, 2016 as a Day of Mourning in recognition of Workers killed, injured, or disabled on the job in the City of Saint John. 8. Delegations/Presentations 8.1 Achieve Literacy Presentation Roxanne Fairweather, Achieve Literacy, presented on the systemic literacy problem in Saint John and extended a call to action for volunteers to teach reading to children. Moved by Councillor Farren, seconded by Deputy Mayor Rinehart: RESOLVED that the rule respecting Delegations / Presentations- Finalization of Matters, s.10.7 of the Procedural Bylaw be suspended. MOTION CARRIED. Moved by Councillor MacKenzie, seconded by Councillor Norton: RESOLVED that Common Council acknowledge their support for the Achieve Literacy program. MOTION CARRIED. 8.2 Saint John and the Metropolitan Problem Presentation Hassan Arif presented the conclusions from his PhD thesis entitled, Saint John and the Metropolitan Problem and answered questions from members of Council. Moved by Councillor McAlary, seconded by Councillor Norton: RESOLVED that the presentation entitled, Saint John and the Metropolitan Problem be received for information. MOTION CARRIED. 9. Public Hearings 6:30 PM 10. Consideration of By-laws 10.1 Proposed Zoning By-Law Amendment with Section 39 Conditions 395 rd Manchester Avenue (3 Reading) Zoning Byamending Schedule A, the Zoning Map of The City of Saint John, by re-zoning a parcel of land having an area of approximately 4 hectares, located at 395 Manchester Avenue, also identified as PID Numbers 55190003 and 55196695, from Rural (RU) to Pit and Quarry (PQ), be read. MOTION CARRIED. The by--Law Number C.P. 111-19 A Law to Amend the Zoning By-Law of Moved by Councillor McAlary, seconded by Councillor Farren: RESOLVED that, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 4 hectares, located at 395 Manchester Avenue, also identified as PID Numbers 55190003 and 55196695, for an expansion of the existing gravel pit shall be subject to the following conditions: a) That no blasting occur on the site, and b) That the access to the rezoned area be limited to the existing access developed on PID 00408294. MOTION CARRIED. Moved by Councillor McAlary, seconded by Councillor Farren: -Law Number C.P. 111-19 A Law to Amend the Zoning By-amending Schedule A, the Zoning Map of The City of Saint John, by re-zoning a parcel of land having an area of approximately 4 hectares, located at 395 Manchester Avenue, also identified as PID Numbers 55190003 and 55196695, from Rural (RU) to Pit and Quarry (PQ), be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the by--Law Number C.P. 111-19 A Law to Amend the Zoning By- 10.2 Proposed Zoning By-Law Amendment and Section 39 Conditions - 172 City Line (3rd Reading) Moved by Councillor McAlary, seconded by Deputy Mayor Rinehart: -Law Number C.P. 111-20 A Law to Amend the Zoning By-amending Schedule A, the Zoning Map of The City of Saint John, by re-zoning a parcel of land having an area of approximately 6200 square metres, located at 172 City Line, also identified as PID Numbers 00365247, 00364877, 55087175, 55087191 and 55087183, from Neighbourhood Community Facility (CFN) to Integrated Development (ID), be read. MOTION CARRIED. The by--Law Number C.P. 111-20 A Law to Amend the Zoning By-Law of Moved by Councillor McAlary, seconded by Councillor Merrithew: RESOLVED that, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development and use of the parcel of land having an area of shall be subject to the following terms and conditions a. The development shall be limited to the applicant's specific proposal involving a combination of those uses set out in the submitted "172 City Line, Saint John, New Brunswick, Development Application for Change of Use and Letter of Intent", with the exception of a kennel; b. The subject site shall be developed and maintained in general accordance with the site plan and building elevation plans attached to the February 11, 2016 application for rezoning of the property to the Integrated Development (ID) zone; c. Notwithstanding condition (b), subsequent modifications to the site development shall be permitted subject to the standards applicable in the General Commercial (CG) zone, unless varied where deemed appropriate in accordance with s. 35( 1) of the Community Planning Act; and d. That upon the rezoning of the property, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. MOTION CARRIED. Moved by Councillor McAlary, seconded by Councillor Merrithew : -Law Number C.P. 111-20 A Law to Amend the Zoning By-Law of The City oamending Schedule A, the Zoning Map of The City of Saint John, by re-zoning a parcel of land having an area of approximately 6200 square metres, located at 172 City Line, also identified as PID Numbers 00365247, 00364877, 55087175, 55087191 and 55087183, from Neighbourhood Community Facility (CFN) to Integrated Development (ID), be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the by--Law Number C.P. 111-20 A Law to Amend the Zoning By- 10.3 Proposed Municipal Plan and Zoning By-Law Amendments with Section 39 Conditions - Ashburn Road/One Mile Interchange (3rd Reading) Moved by Councillor McAlary, seconded by Councillor Merrithew: -Law Number C.P. 106-12 A Law to Amend the Municipal Plan By- City Structure, by redesignating parcels of land with an area of approximately 65.4 hectares, located at 459, 617-885 and 540- 900 Ashburn Road also identified as being PID Numbers 00296673, 00357327, 00432203, 00052985, 00053017, 00053025, 55003222, 55069074, 55100325, 55155378, 00297143, 00297895, and 00418160; and a parcel of land north east of the One Mile Interchange, also identified as being PID Number 55189385, from Park and Natural Area and Rural Resource Area (outside of the Primary Development Area); Urban Reserve, Stable Area and Employment Area (within the Primary Development Area), to Employment Area, Stable Area and Park and Natural Area (within the Primary Development Area); amending Schedule B Future Land Use, by redesignating the same parcels of land from Park and Natural Areas and Rural Resource (outside of the Primary Development Area); Urban Reserve, Stable Commercial and Commercial Corridor (within the Primary Development Area) to Commercial Corridor, Stable Residential and Park and Natural Areas (within the Primary Development Area); and amending Schedule A City Structure, by designating the portion of Ashburn Road, between Foster Thurston Drive and Rothesay Road, and the portion of Rothesay Road, from Ashburn Road to Rothesay Avenue, as a Commercial Corridor, be read. By Moved by Councillor McAlary, seconded by Deputy Mayor Rinehart: -Law Number C.P. 106-12 A Law to Amend the Municipal Plan By- City Structure, by redesignating parcels of land with an area of approximately 65.4 hectares, located at 459, 617-885 and 540- 900 Ashburn Road also identified as being PID Numbers 00296673, 00357327, 00432203, 00052985, 00053017, 00053025, 55003222, 55069074, 55100325, 55155378, 00297143, 00297895, and 00418160; and a parcel of land north east of the One Mile Interchange, also identified as being PID Number 55189385, from Park and Natural Area and Rural Resource Area (outside of the Primary Development Area); Urban Reserve, Stable Area and Employment Area (within the Primary Development Area), to Employment Area, Stable Area and Park and Natural Area (within the Primary Development Area); amending Schedule B Future Land Use, by redesignating the same parcels of land from Park and Natural Areas and Rural Resource (outside of the Primary Development Area); Urban Reserve, Stable Commercial and Commercial Corridor (within the Primary Development Area) to Commercial Corridor, Stable Residential and Park and Natural Areas (within the Primary Development Area); and amending Schedule A City Structure, by designating the portion of Ashburn Road, between Foster Thurston Drive and Rothesay Road, and the portion of Rothesay Road, from Ashburn Road to Rothesay Avenue, as a Commercial Corridor, be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED with Councillor Reardon voting nay. Read a third time by title, the by--Law Number C.P. 106-12 A Law to Amend the Municipal Plan By- Moved by Councillor McAlary, seconded by Councillor Merrithew: RESOLVED that they by--Law Number C.P. 111-21 A Law to Amend the Zoning By-amending Schedule A, the Zoning Map of The City of Saint John, by re-zoning a parcel of land having an area of approximately 35.3 hectares, located at 459, 540-900, and 885 Ashburn Road, also identified as PID Numbers 00296673, 00357327, 00432203, 55003222, 55069074, 55100325, 55155378, 00297143, 00297895, and 00418160 and a portion of PID Number 00053025, from Rural (RU) and Future Development (FD) to Corridor Commercial (CC); amending Schedule A, the Zoning Map of The City of Saint John, by re-zoning a parcel of land having an area of approximately 12.8 hectares, located at 617 Ashburn Road, also identified as PID Numbers 00052985 and 00053017 and a portion of PID Number 00053025, from Rural (RU) to Mid-Rise Residential (RM); and amending Schedule A, the Zoning Map of The City of Saint John, by re-zoning a parcel of land having an area of approximately 17.3 hectares, located north east of the One Mile Interchange, also identified as PID Number 55189385, from Future Development (FD) to Park (P), be read. MOTION CARRIED with Councillor Reardon voting nay. The by--Law Number C.P. 111-21 A Law to Amend the Zoning By-Law of Moved by Councillor McAlary, seconded by Councillor Merrithew: RESOLVED that, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 37.5 hectares, located at 459,540-900, and 885 Ashburn Road, also identified as PID Numbers 00296673, 00357327, 00432203, 55003222, 55069074, 55100325, 55155378, 00297143, 00297895, 00418160 and a portion of PID Number 00053025 for a Park, shall be subject to the following conditions: a) No portion of the site shall be developed prior to the completion of a Transportation Impact Study prepared by the developer and subject to the approval of Common Council, as a statutory amendment to these conditions. The scope of work for the transportation impact study will be established in cooperation between the City, NBDTI and the developer. b) No portion of the site shall be developed prior to the preparation of a servicing study reviewing the impacts on the City's water supply and sanitary sewer collection systems prepared by the developer and subject to the approval of Common Council, as a statutory amendment to these conditions. c) No portion of the site shall be developed prior to the preparation of a stormwater management study that details the approach for stormwater management on the development site and reviews the impacts of the development on upstream and downstream areas of the Marsh Creek watershed prepared by the developer and subject to the approval of Common Council, as a statutory amendment to these conditions. d) No portion of the site shall be developed prior to the proponent registering the project with the Provincial Environmental Impact Assessment Process and a Certificate of Determination being issued by the Province. e) No portion of the site shall be developed except in accordance with detailed plans including, but not limited to, a context plan, a site plan, typical building floor plans, typical building elevations, and a landscape plan all of which are to be prepared by the proponent and subject to the approval of Common Council, as a statutory amendment to these conditions. f) Should a significant change be proposed in the project concept plan, an addendum is required to the market study that provides additional analysis of the impacts of the proposed development on the regional retail sector as a whole, and is subject to the approval of Common Council, as a statutory amendment to these conditions. This addendum to the market study will be prepared by the developer. g) Any upgrades to the existing municipal infrastructure required to service this proposed development will be the developer's responsibility and cost. However, should any cost sharing agreement be proposed between the developer and City, which may involve another level of Government, related to costs associated with infrastructure upgrades, servicing, transportation network improvements or development of the project, that such cost-sharing agreement be subject to the approval of Common Council, as a statutory amendment to these conditions. h) The maximum floor area of a building in the rezoned area is limited to 3000 square metres. i) The required studies outlined in conditions a) through f) inclusive shall be completed within 5 years of the date of the Municipal Plan amendment and rezoning coming into effect. Should this not occur, Common Council reserves the right to take steps to immediately repeal the rezoning agreement and the rezoning pursuant to Sections 39(5) and 39(6) of the Community Planning Act and return the land shall return to its previous zone which existed prior to this agreement; and , No portion of the site shall be developed prior to the preparation of a detailed phasing plan that graphically outlines the timeline for completion of the site development, prepared by the developer and is agreement and the rezoning pursuant to Sections 39(5) and 39(6) of the Community Planning Act and the return the of the land to its previous zone which existed prior to this agreement at the time the studies are reviewed as part of the required Section 39 Amendment, and j) In accordance with Section 39(8) of the Community Planning Act, the applicant shall provide a certified cheque in the amount of one thousand dollars ($1,000.00) to cover expenses related to the cancellation of the conditional rezoning agreement and/or repeal of the rezoning in the event that the conditions attached to the rezoning cannot be met, as per policy 1-5 in the Municipal Plan. The certified cheque shall be repayable on the substantial completion of the development for which the rezoning is granted. This shall be provides by the Developer to the City within 30 days of Third Reading of the 2016 Municipal Plan Amendment and Rezoning. MOTION CARRIED with Councillor Reardon voting nay. Moved by Councillor McAlary, seconded by Deputy Mayor Rinehart: RESOLVED that they by--Law Number C.P. 111-21 A Law to Amend the Zoning By-amending Schedule A, the Zoning Map of The City of Saint John, by re-zoning a parcel of land having an area of approximately 35.3 hectares, located at 459, 540-900, and 885 Ashburn Road, also identified as PID Numbers 00296673, 00357327, 00432203, 55003222, 55069074, 55100325, 55155378, 00297143, 00297895, and 00418160 and a portion of PID Number 00053025, from Rural (RU) and Future Development (FD) to Corridor Commercial (CC); amending Schedule A, the Zoning Map of The City of Saint John, by re-zoning a parcel of land having an area of approximately 12.8 hectares, located at 617 Ashburn Road, also identified as PID Numbers 00052985 and 00053017 and a portion of PID Number 00053025, from Rural (RU) to Mid-Rise Residential (RM); and amending Schedule A, the Zoning Map of The City of Saint John, by re-zoning a parcel of land having an area of approximately 17.3 hectares, located north east of the One Mile Interchange, also identified as PID Number 55189385, from Future Development (FD) to Park (P), be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED with Councillor Reardon voting nay. Read a third time by title, the by--Law Number C.P. 111-21 A Law to Amend the Zoning By- 11. Submissions by Council Members 11.1 Naming of New School in West Saint John (Councillor McAlary) Moved by Councillor McAlary, seconded by Councillor Farren: RESOLVED that Council give support and approval by way of a letter to the District Education Council and the Provincial Minister of Education to name the new school to be located near the site of the present Havelock School in West Saint John as the "Victor Fitzgerald School". MOTION TABLED. Moved by Deputy Mayor Rinehart, seconded by Councillor Merrithew: RESOLVED that the matter be tabled for one month to gather more information from the community. MOTION CARRIED with Councillors Reardon, Norton, Lowe, and McAlary voting nay. 12.1 A Welcoming Community: Saint John and Government Sponsored Syrian Refugees Referring to the submitted report entitled, A Welcoming Community: Saint John and Government Sponsored Syrian Refugees, J. Kliffer and S. Boucher outlined the many services being offered to Syrian refugees. Moved by Councillor McAlary, seconded by Councillor Farren: RESOLVED that Common Council receive for information the submitted report M&C 2016-102: A Welcoming Community: Saint John and Government Sponsored Syrian Refugees. MOTION CARRIED. 12.2 Service Agreements Priority Neighbourhood Associations Moved by Councillor MacKenzie, seconded by Councillor McAlary: RESOLVED that as recommended by the City Manager in the submitted report M&C 2016-101: Service Agreements Priority Neighbourhood Associations, that: 1) Common Council approve the submitted Service Agreements with the Priority Neighbourhood Associations 2) The Mayor and Common Clerk be authorized to execute such Service Agreements. MOTION CARRIED. (Councillors Lowe and MacKenzie withdrew from the meeting.) 12.3 Amendment to A By-Law Respecting the Regulation and Licensing of Owners and Operators of Taxicabs in the City of Saint John - Metering Systems Moved by Councillor McAlary, seconded by Deputy Mayor Rinehart: RESOLVED that the Amendment to A By-Law Respecting the Regulation and Licensing of Owners and Operators of Taxicabs in the City of Saint John - Metering Systems be referred to staff. MOTION CARRIED with Councillors Merrithew and Norton voting nay. (Councillors Lowe and MacKenzie re-entered the meeting.) 12.4 NEB Working Group Update N. Jacobsen outlined the work of the NEB Working Group and the timelines leading up to the anticipated Cabinet decision in 2018. Moved by Councillor McAlary, seconded by Councillor Reardon: RESOLVED that as recommended by the City Manager in the submitted report entitled, M&C 2016-099: NEB Working Group Update Informal Information Request (IRs), Common Council directs the City Manager and NEB Working Group to: 1) Continue to actively engage TransCanada with respect to the City of Saint Informal Information Requests (IRs), particularly with respect to economic development 2) Issue a letter to TransCanada expressing appreciation for theircooperation to date representatives, while reinforcing the need for TransCanada to provide the City with: as essential inputs for the City, through Common Council, to be able to make an informed decision with respect to our community can support the Energy East Project. The IRs h TransCanada and the is safely constructed in such a way to b. Detailed information regarding the full spectrum of benefits and risks associated with the proposed Energy East project. The local environmental, social and economic ramifications of the proposed project, including public safety and emergency response issues, must be properly addressed before the City of Saint John, through Common Council, can unconditionally support the Energy East project. As the host community for three key Energy East project components (pipeline, storage tank farm and marine terminal) it is absolutely critical that the NEB Working Group assemble sufficient information for Common Council and our citizens to make an informed assessment with respect to the projects socioeconomic benefits and environmental and public safety risks, including community risk mitigation measures over the life of the project. th 3) Schedule TransCanada to provide a presentation to Common Council on June 13 2016, concurrent with a planned overview and update with respect to the National process. MOTION CARRIED. (Councillors Lowe and MacKenzie withdrew from the meeting.) 13. Committee Reports 13.1 Letter from SJ Taxicab Advisory Committee - Amended Recommendation Moved by Councillor McAlary, seconded by Councillor Norton: RESOLVED that the letter from SJ Taxicab Advisory Committee concerning the Amended Recommendation be received for information. MOTION CARRIED. (Councillors Lowe and MacKenzie re-entered the meeting.) 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 17. Committee of the Whole 17.1 Consideration of Sale of Land for Public Purposes - Clovelly Drive Moved by Councillor Farren, seconded by Councillor McAlary: RESOLVED that as recommended by the Committee of the Whole, having met on April 18, 2016: 1. Common Council seek the concurrence of the Planning Advisory Committee for "Expression of Interest" for the said land and report to Council with their findings and recommendation. MOTION CARRIED. 17.2 Jelly Bean Buildings Moved by Councillor McAlary, seconded by Councillor Merrithew: RESOLVED that as recommended by the Committee of the Whole, having met on April 18, 2016, Common Council approve a six month extension for Saint John Non-Profit Housing Inc. for their option on the City owned Jelly Bean and Union Street Properties. MOTION CARRIED with Councillor Reardon voting nay. 17.3 Saint John Industrial Parks - Interim Project Financing- Saint John Moved by Councillor McAlary, seconded by Councillor Merrithew: RESOLVED that as recommended by the Committee of the Whole, having met on April 18, 2016, Common Council agree to provide Interim Project Financing to Saint John Industrial Parks during the construction of the Spruce Lake Barge Facility in an amount not to exceed $3,000,000 at the rate of interest 5%, normally charged to the City of Saint John plus 1% along with any other costs that the City of Saint John may incur on the condition that the repayment of this Interim Project Financing be made by Saint John Industrial Parks upon receipt of claims payments from Atlantic Canada Opportunities Agency and Regional Development Corporation and no later than July 29, 2016. MOTION CARRIED. (Councillor Fullerton withdrew from the meeting.) 17.4 Canaport LNG Legislative Repeal Moved by Councillor McAlary, seconded by Deputy Mayor Rinehart: RESOLVED that as recommended by the Committee of the Whole, having met on April 18, 2016, Common Council directs the City Manager as follows: 1) Request an extension to the deadline for response from April 30 to May 3, 2016; 2) Communicate with Service New Brunswick the desire of the City of Saint John to establish a fixed timeline for reassessment of the LNG facility; 3) Report back to Common Council on May 2, 2016 with a recommended response to the letter of April 7, 2016 from Hon. Brian Kenny, Minister of Environment and Local Government. MOTION CARRIED. 11.2 Mispec Beach Storm Damage (Councillor Strowbridge) Moved by Councillor Farren, seconded by Councillor MacKenzie: RESOLVED that item 11.2 Mispec Beach Storm Damage be added to the agenda. MOTION CARRIED. for a report and recommendation MOTION CARRIED. 18. Adjournment Moved by Councillor MacKenzie, seconded by Councillor Farren: RESOLVED that the meeting of Common Council held on April 18, 2016 be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 7:50 p.m. Mayor / maire Common Clerk / greffier communal /hb/L\[ w9thw M&C No. 2016-109 Report Date April 21, 2016 Meeting Date May 02, 2016 Service Area Transportation and Environment Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT: General Specifications Revisions Policy Revisions (Divisions 2 & 6) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Susan Steven-Power Brian Keenan Jeff Trail RECOMMENDATION It is recommended that Common Council adopt the attached revisions to the current clauses of Division 2 (Instructions to Tenderers and Tendering Procedures) and Division 6 (General Administration of Contract) of the City of Saint John General Specifications. EXECUTIVE SUMMARY The purpose of this report is to propose that Council adopt the attached revisions to Division 2 Instructions to Tenderers and Tendering Procedures and Division 6 General Administration of Contract. PREVIOUS RESOLUTION On November 17, 2003 (M&C 2003-310), Common Council adopted a Tendering Policy for Construction Contracts which included: Division 2 - Instructions to Tenderers and Tendering Procedures, Division 4 - Form of Tender, and Division 5 - Form of Agreement. On May 31, 2004 (M&C 2004-99), Council approved Division 6 General Administration of Contract. STRATEGIC ALIGNMENT Sustainable Infrastructure. - 2 - REPORT As a result of a review of General Specifications Division 2, 5 and 6, in recommended that the language of the current clauses of Division 2 (Instructions to Tenderers and Tendering Procedures) and Division 6 (General Administration of Contract) be enhanced. The revisions to the current clauses of Division 2 (Instructions to Tenderers and Tendering Procedures) and Division 6 (General Administration of Contract) are shown in red and are attached to this report. SERVICE AND FINANCIAL OUTCOMES It is necessary to make improvements to the language of certain clauses of the General Specifications to ensure the document continues to represent the best interests of the City. This has been done on several occasions since 2003. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS As has been the case for previous revisions (February 2005, March 2005, January 2007, March 2008, March 2009, November 2009, March 2010, May 2011, July 2012, June 2013 and May 2014), the proposed policy changes contained in this report have been reviewed by and discussed with the as well as with the Saint John Construction Association. ATTACHMENTS 2016 General Specifications proposed revisions to Divison 2 (Instructions to Tenderers and Tendering Procedures) and Division 6 (General Administration of Contract). /hb/L\[ w9thw M&C No. 2016-110 Report Date April 21, 2016 Meeting Date May 02, 2016 Service Area Transportation and Environment Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT: 2016 General Specifications Revisions OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Susan Steven-Power Brian Keenan Jeff Trail RECOMMENDATION It is recommended that this report be received and filed. EXECUTIVE SUMMARY The purpose of this report is to provide Council with an update regarding the 2016 General Specifications Revisions. PREVIOUS RESOLUTION November 17, 2003 (M&C 2003-310) - Common Council authorized that the Chief City Engineer may, from time to time, revise the technical provisions (Divisions 7 31), of the General Specifications. STRATEGIC ALIGNMENT This report aligns Sustainable Infrastructure. REPORT The General Specifications is an inclusive document for stakeholders bidding and/or working on City of Saint John municipal construction contracts. The General Specifications are organized around a series of divisions as identified below. The first five divisions are incorporated into each set of contract specification documents and, along with Division 6, are policies of - 2 - Council. The remaining divisions form the technical portion of the General Specifications. 1. Project Description 19. Crack Sealing Asphalt Pavements 2. Instructions to Tenderers and Tendering 20. Random Riprap Procedures 3. Particular Specifications 21. Restoration 4. Form of Tender 22. Culverts 5. Form of Agreement 23. Portland Cement Concrete 6. General Administration of Contract 24. Roadway Construction 7. Construction of Municipal Services 25. Chain Link Fencing 10. Water Systems 26. Landscaping 11. Sewer Systems 27. Asphalt Concrete 12. Manholes, Catch Basins and Valve 28. Chip Seal Chambers 13. Excavation, Trenching and Backfill 29. Gabions Requirements 16. Electrical Systems 30. Clay Brick Pavers 17. Traffic Signals 31. Guide Rail and Guide Posts 18. Expanded Asphalt Stabilization Between December 2015 and March 2016, Transportation & Environment Services undertook its annual General Specifications review process, concluding with a set of 2016 revisions for the General Specifications for use with all City of Saint John construction contracts. Staff continued to have dialogue with representatives of the Saint John Construction Association and local contractors / suppliers to receive input from users of the documents. The comments and suggestions received were reviewed by our staff Specifications Review Committee and, where appropriate, revisions were incorporated into the technical divisions of the General Specifications. A summary of the 2016 revisions to the technical divisions of the General Specifications is attached to this report. A notice will be forwarded to stakeholders (contractors, consultants, staff, etc.) advising them that the 2016 General Specifications will be available for downloading from the City stakeholders that the City encourages the submission of comments and/or suggestions for proposed revisions to the General Specifications document. It is understood by stakeholders that the revised General Specifications are to be used in conjunction with individual contract construction specifications and recognized authorities governing best practices for municipal engineering. - 3 - SERVICE AND FINANCIAL OUTCOMES The technical divisions are updated on an ongoing basis, as technologies and engineering methods evolve and with the inclusion of specialty clauses for particular engineering projects tendered. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS A draft set of the 2016 General Specification revisions were recently forwarded to the Saint John Construction Association for their review and comments prior to finalizing the revisions. Staff continues to have dialogue with representatives of the Saint John Construction Association and local contractors / suppliers to receive input from users of the documents. The process to maintain current General Specifications is one that is ongoing. Stakeholders are encouraged to contribute their comments in writing at any time. ATTACHMENTS 2016 General Specifications Revisions to Technical Divisions 7-31. CITY OF SAINT JOHN GENERAL SPECIFICATIONS LIST OF 2016 REVISED TECHNICAL SECTIONS SECTION TITLE 10.4.04 Butterfly Valves 10.4.17 Pipe Restraint for Mechanical Joint (MJ) Fittings 10.5.09 Thrust Blocks and Restrainers 11.5.09 Methods of Testing 11.5.10 Video Inspection 13.5.08 Length of Trench to be Opened 16.4.086 Division 27 Asphalt Concrete Table of Contents 27.4.06 Table 27.2: Superpave HMA Aggregate Gradation Control Points 27.4.07 Superpave HMA Mix 27.4.08 Superpave HMA Job Mix Formula (JMF) 27.4.09 Tack Coat Material 27.5.06 Sampling 27.5.06 Table 27.10: Sampling and Testing Frequency of Hot-Mix Asphalt 27.5.20 Table 27.12: Tolerances for the Job-Mix Formula Aggregate Gradation and Asphalt Cement Content STANDARD DRAWINGS Table of Contents S045-119 Temporary Water Supply Piping Details S045-335 Typical Cul-De-Sac Local Street (Symmetrical 20m ROW) S045-335A Typical Cul-De-Sac Local Street (Offset Left 20m ROW) S045-337 Typical Cross Section Industrial Road Type A S045-337A Typical Cross Section Industrial Road Type B S045-338 Typical Cross Section Pedestrian Walkway/Shared Use Trail S045-341 Typical Cross Section Private Street (Curbed) S045-341A Typical Cross Section Private Street (Curbed with Sidewalk on One Side) S045-342 Typical Cul-De-Sac Rural Road (Symmetrical 24m ROW) S045-342A Typical Cul-De-Sac Rural Road (Offset Left 24m ROW) S045-345 Typical Cul-De-Sac Private Street (Symmetrical 22m ROW) S045-345A Typical Cul-De-Sac Private Street (Offset Left 22m ROW) S045-346 Typical Cul-De-Sac Industrial Road (Symmetrical 24m ROW) S045-346A Typical Cul-De-Sac Industrial Road (Offset Left 24m ROW) March 2015 Page 1 of 1 /hb/L\[ w9thw M&C No. 2016-126 Report Date April 25, 2016 Meeting Date May 02, 2016 Service Area Growth and Community Development Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT: Designation of Inspectors for the Administration and Enforcement of various by-laws (Growth & Community Development Services) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Andrew Valeri Jacqueline Hamilton Jeff Trail RECOMMENDATION Your City Manager recommends that Common Council adopt the attached resolution. EXECUTIVE SUMMARY The purpose of this report is to designate members of the Growth and Community Development Services Department, authorizations necessary for enforcement and administration the Saint John Building By-law, Drainage By-law, Unsightly Premises and Dangerous Buildings and Structures By-law, and the Minimum Property Standards By-law. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT This report aligns with the Community of C REPORT Due to the new by-laws and processes involved in the One-Stop Development Shop project, it is necessary to authorize persons with administration and enforcement powers. These resolutions authorize members to conduct inspections pertaining to enforcement of the Saint John Building By-law, conduct - 2 - inspections pertaining to enforcement of the Saint John Building By-law, conduct inspections pertaining to enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, issue Building Permits and Demolition Permits pertaining to the Saint John Building by-law, lay informations in Provincial Court in regards to the Community Planning Act and the Drainage By-law, and enter on property for the purpose of making any inspection necessary for the administration of the by-laws that fall within the scope of the Community Planning Act. SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS ATTACHMENTS Resolution 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 Community Planning Act, R.S.N.B 1973, c. C- 12, and Community Planning Actthe Saint John Building By-law, By-law Number C.P. 102 and amendments thereto, and it may from time to time be necessary to make inspections for the administration of this By- laws; AND WHEREAS subsection 92(1) of the Community Planning Act provides that a council may authorize persons to enter at all reasonable times upon any property within its jurisdiction for the purpose of making any inspection that is necessary for the administration of a by-law: NOW THEREFORE BE IT RESOLVED, that each of Amy Poffenroth, Pamela Bentley, Christopher McKiel, Rick Armstrong, Lorraine Denton, Mark Slader, Marc Goguen, Tamara Duke, Vincent Chan, Philip Mitton, Dennis Richard, Evan Almon, Rachel Van Wart and Katelyn Davis, each of whom is a City Inspector, is hereby authorized to enter at all reasonable times upon any property within the territorial boundaries of the City of Saint John for the purpose of making any inspection that is necessary for the administration of the Saint John Building By-law, effective immediately, and this authorization shall continue until he/she ceases to be an employee of the Growth and Community Development Services department of The City of Saint John or until rescinded by Common Council, whichever comes first. 2. WHEREAS the Common Council of The City of Saint John has enacted certain by- laws pursuant to the authority of the Community Planning Act, R.S.N.B 1973, c. C- 12, and amCommunity Planning Actthe Saint John Building By-law, By-law Number C.P. 102, and amendments thereto, and it may from time to time be necessary to make orders for the administration of these By-laws; WHEREAS subsection 93(1) of the Community Planning Act provides that a council may authorize persons to, when a development is undertaken in contravention of the Community Planning Act, a by-law or regulation under the Community Planning Act, a by-law or terms and conditions imposed on the development, order the cessation of the development, alteration of such development so as to remove the contravention, or the doing of anything required to restore the land, building or structure to its condition immediately prior to the undertaking of such development: NOW THEREFORE BE IT RESOLVED, that each of Amy Poffenroth, Pamela Bentley, Christopher McKiel, Rick Armstrong, Lorraine Denton, Mark Slader, Marc Goguen, Tamara Duke, Vincent Chan, Philip Mitton, Dennis Richard, Evan Almon, Rachel Van Wart and Katelyn Davis, each of whom is a City Inspector, is hereby authorized to, when a development is undertaken in contravention of the Community Planning Act, the Saint John Building By-law or the terms and conditions imposed on the development, order the cessation of the development, alteration of such development so as to remove the contravention, or the doing of anything required to restore the land, building or structure to its condition immediately prior to the undertaking of such development, effective immediately, and this authorization shall continue until 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. 3. WHEREAS the Common Council of The City of Saint John has enacted certain by- laws pursuant to the authority of the Community Planning Act, R.S.N.B 1973, c. C- Community Planning Actthe Saint John Building By-law, By-law Number C.P. 102, and amendments thereto, and it may from time to time be necessary to issue Building Permits, issue Demolition Permits as administration of this By-law; AND WHEREAS section 10(1) of the Saint John Building By-law provides that Council may authorize persons to issue Saint John Building Permits; AND WHEREAS section 24(1) of the Saint John Building By-law provides that Council may authorize persons to issue Demolition Permits; NOW THEREFORE BE IT RESOLVED, that each of Amy Poffenroth, Pamela Bentley, Christopher McKiel, Lorraine Denton, Mark Slader, Tamara Duke, Vincent Chan, Marc Goguen is hereby authorized to issue building permits and demolition permits pursuant to the Saint John Building By-law, 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 it is rescinded by Common council, whichever comes first. 4. WHEREAS the Common Council of The City of Saint John has enacted certain by- laws pursuant to the authority of the Community Planning Act, R.S.N.B 1973, c. C- Community Planning Actthe Saint John Building By-law, By-law Number C.P. 102, and amendments thereto, and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has contravened or failed to comply with the said By-law; AND WHEREAS subsection 14(1) of the Police Act, S.N.B. 1977, c. P-9.2 provides that a council may appoint persons as By-law Enforcement Officers for a municipality; AND WHEREAS section 98 of the Community Planning Act provides that proceedings in respect of an offence under the Community Planning Act be commenced in the name of a person designated for that purpose by council: NOW THEREFORE BE IT RESOLVED, that each of Chris McKiel, Pamela Bentley and Amy Poffenroth is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for offences under the Community Planning Act, and pursue to completion, effective immediately, and this designation and authorization shall continue until she ceases to be an employee of the Growth and Community Development Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first. AND NOW THEREFORE BE IT FURTHER RESOLVED, that each of Chris McKiel, Pamela Bentley and Amy Poffenroth is hereby appointed as a By-law Enforcement Officer with respect to the enforcement of the Saint John Building By-law effective immediately, and this appointment 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 it is rescinded by Common Council, whichever comes first; 5. WHEREAS the Common Council of The City of Saint John has enacted certain by- laws pursuant to the authority of the Municipalities Act, R.S.N.B 1973, c. M-22, and Municipalities Act including the Drainage By-law, By- law number M-32, and any amendments thereto, and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has contravened or failed to comply with these By-laws; AND WHEREAS subsection 14(1) of the Police Act provides that a council may appoint persons as By-law Enforcement Officers for a municipality; AND WHEREAS section 101 of the Municipalities Act provides that proceedings in respect a 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 Holly Young is hereby appointed as a By-law Enforcement Officer with respect to the enforcement of the Drainage By-law effective immediately, and this appointment shall continue until she ceases to be an employee of the Growth and Community Development Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Holly Young is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Drainage By-law, and pursue to completion, effective immediately, and this designation and authorization shall continue until she ceases to be an employee of the Growth and Community Development Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 6. WHEREAS subsection 4(1) of the Saint John Minimum Property Standards By-law, By-law number M-14, provides that Common Council may for the purposes of the administration and enforcement of the said by-law, appoint inspection officers who may exercise such powers and perform such duties as may be set out in the said by- law and/or the Residential Properties Maintenance and Occupancy Code Approval Regulation Municipalities Act and/or the Municipalities Act: NOW THEREFORE BE IT RESOLVED, that Evan Almon is hereby appointed as an inspection officer with respect to the enforcement of the Saint John Minimum Property Standards By-law which received first and second reading by Common Council on August 18, 2008 and third reading on September 2, 2008, being enacted upon approval by the Minister of Local Government, and/or the Residential Properties Maintenance and Occupancy Code Approval Regulation Municipalities Act and/or the Municipalities Act, and this appointment shall continue until he ceases to be an employee of the Growth & Community Development Services department of the City of Saint John or until it is rescinded by Common Council, whichever comes first. 7. WHEREAS the Common Council of The City of Saint John has enacted certain by- laws pursuant to the authority of the Municipalities Act, R.S.N.B 1973, c. M-22, and Municipalities ActSaint John Unsightly Premises and Dangerous Buildings and Structures By- law, By-law Number M- 30 and amendments thereto, and it may from time to time be necessary to make inspections for the administration of the By-law; AND WHEREAS subsection 102.1(1) of the Municipalities Act provides that a council may authorize officers to enter at all reasonable times upon any property within its jurisdiction for the purpose of making any inspection that is necessary for the administration the By-law: NOW THEREFORE BE IT RESOLVED, that Evan Almon, City Inspector, is hereby appointed as an inspection officer and authorized to enter at all reasonable times upon any property within the territorial boundaries of the City of Saint John for the purpose of making any inspection that is necessary for the administration of the Saint John Unsightly Premises and Dangerous Buildings and Structures By- law which received first and second reading by Common Council on February 27, 2012 and third reading on March 12, 2012, being enacted upon approval by the Minister of Local Government, and/or the Municipalities Act, effective immediately, and this authorization shall continue until he 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. /hb/L\[ w9thw M&C No. 2016-112 Report Date April 25, 2016 Meeting Date May 02, 2016 Service Area Transportation and Environment Services His Worship Mayor Mel Norton and Members of Common Council {.W9/ʹ ЋЉЊЏ DǒźķĻ wğźƌ wĻƦƌğĭĻƒĻƓƷ tƩƚŭƩğƒ ht9b hw /\[h{95 {9{{Lhb This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jeff Hussey Michael Hugenholtz Jeff Trail RECOMMENDATION It is recommended that the seasonal tender for the supply of guide rail replacement be awarded to Maritime Fence Ltd. in the amount of $188,129.40 plus HST for the construction season of 2016. EXECUTIVE SUMMARY for the award of the supply and installation tender for deficient guide rail systems in the City of Saint John. This will allow the City to bring up its current inventory of guide rail to a condition that is safe and reliable for the public. PREVIOUS RESOLUTION This is an annual program. STRATEGIC ALIGNMENT The execution of an equitable city-wide strategic roadway structure improvement plan that supports PlanSJ is one of the key priorities of Common Council. The award of the Tender for The Guide Rail Replacement is one of the steps in facilitating strategic plan through sustainable infrastructure. - 2 - REPORT There is approximately 28,024 meters of guide rail throughout the City of Saint John. Approximately 3,396 meters of guide rail is in poor condition and requires replacement. In 2016, Phase 2 of 4 will be completed where approximately 1,156 meters of guide rail will be replaced along sections of Golden Grove Road, Sandy Point Road, Loch Lomond Road, Lewin Close, Red Head Road, Rothesay Road, Lorneville Road and Crown Street. SERVICE AND FINANCIAL OUTCOMES If awarded as recommended the cost of the equipment, materials and labour to complete the 2016 Guide Rail Replacement program will be $188,129.40 plus HST. This is a planned expenditure and as such funds to cover the cost are included in the 2016 Capital Budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS A public tender call was issued on March 7, 2016 and closed on Wednesday, March 23, 2016. Two companies responded to the tender call by submitting bids. The results are as follows (excluding HST): ağƩźƷźƒĻ CĻƓĭĻ \[Ʒķ͵ $ 188,129.40 \[͵ IğƌƦźƓ 9ĭĭğǝğƷźƓŭ \[Ʒķ͵ $ 205,178.48 Staff of Materials Management and Transportation and Environment Services have reviewed the tenders and have found them to be complete and formal in every regard. Staff believes that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. Materials Management support the recommendation being put forth. ATTACHMENTS No Attachments COUNCIL REPORT M&C No. 2016-111 Report Date April 25, 2016 Meeting Date May 02, 2016 Service Area Growth and Community Development Services His Worship Mayor Mel NortonandMembers of Common Council SUBJECT: Proposed Public Hearing Date Α 112-122 Waterloo Street, 182 Golden Grove Road and 107 & 123 Crawford Road OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Mark Reade Jacqueline Hamilton Jeff Trail RECOMMENDATION That Common Council schedule the public hearings for the rezoning applications of Cathedral Heritage Foundation Inc. (112-122 Waterloo Street), Scott Darling (182 Golden Grove Road) andBruce Crawford (107 & 123 Crawford Road) for Monday, June 13, 2016at 6:30 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for a report and recommendation. EXECUTIVE SUMMARY The purpose of this report is to advise Common Council of the rezoning and Section 39 amendment applications received and to recommend an appropriate public hearing date. The next available public hearing date is Monday, June 13, 2016. PREVIOUS RESOLUTION At its meeting of August 3, 2004, Common Council resolved that: 1.the Commissioner of Planning and Development receive all applications for amendments to the Zoning By-law and Section 39 resolutions/ agreements and proceed to prepare the required advertisements; and 2.when applications are received a report will be prepared recommending the appropriate resolution setting the time and place for public hearings and be referred to the Planning Advisory Committee as required by the Community Planning Act. -2- STRATEGIC ALIGNMENT LƷ źƭ ğ /ƚǒƓĭźƌ ƦƩźƚƩźƷǤ Ʒƚ ͻźƒƦƌĻƒĻƓƷ ĭƌĻğƩ ğƓķ ĭƚƓƭźƭƷĻƓƷ źƓƷĻƩƓğƌ ƦƩƚĭĻƭƭĻƭ Ʒƚ facilitate investment and development in Saint John while maintaining City standards that align with Plan{W͵ͼ ŷĻ ŷƚƌķźƓŭ ƚŅ ƦǒĬƌźĭ ŷĻğƩźƓŭƭ ŅƚƩ ƦƩƚƦƚƭĻķ rezoning and Section 39 amendments is a requirement of the Community Planning Act. REPORT !ƭ ƦƩƚǝźķĻķ źƓ /ƚƒƒƚƓ /ƚǒƓĭźƌ͸ƭ ƩĻƭƚƌǒƷźƚƓ ƚŅ !ǒŭǒƭƷ ЌͲ ЋЉЉЍͲ Ʒŷźƭ ƩĻƦƚƩƷ indicates the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. Details of the applications are ğǝğźƌğĬƌĻ źƓ ƷŷĻ /ƚƒƒƚƓ /ƌĻƩƉ͸s office and will form part of the documentation at the public hearings. The following applications have been received: Name ofLocationExistingProposedReason ApplicantZoneZone Cathedral 112-122 WaterlooUrban Centre NeighbourhoodTo permit a Heritage StreetResidentialCommunityvisitors Foundation Inc.(RC)Facility (CFN)interpretive centre Scott Darling182 Golden GroveLow-RiseMid-RiseTo permit a (511065 N.B.ResidentialResidential10-unit Ltd.)(RL)(RM)apartment building Bruce 107 & 123 CrawfordRuralSpecial ZoneTopermit the CrawfordRoadResidential No. 1 (SZ-1) use of two travel (RR)trailers for seasonal residential purposes SERVICE AND FINANCIAL OUTCOMES The scheduling of the public hearing and referral to the Planning Advisory Committee satisfies the legislative and service requirements as mandated by the Community Planning Service. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Not applicable. ATTACHMENTS -3- None. /hb/L\[ w9thw M&C No. 2016-108 Report Date April 21, 2016 Meeting Date May 02, 2016 Service Area Transportation and Environment Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT: Contract No. 2016-10: McAllister Drive Water Main Renewal Phase 1 (Westmorland Road to #402 McAllister Drive) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Susan Steven-Power Brian Keenan Jeff Trail RECOMMENDATION It is recommended that Contract No. 2016-10: McAllister Drive Water Main Renewal Phase 1 (Westmorland Road to #402 McAllister Drive) be awarded to the low Tenderer, Galbraith Construction Ltd., at the tendered price of $586,844.03 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award Contract 2016- 10: McAllister Drive Water Main Renewal Phase 1 (Westmorland Road to #402 McAllister Drive) to the low Tenderer. PREVIOUS RESOLUTION November 9, 2015; 2016 Water & Sewerage Utility Fund Capital Program Approved. STRATEGIC ALIGNMENT Sustainable Infrastructure. - 2 - REPORT BACKGROUND The approved 2016 Water & Sewerage Utility Fund Capital Program includes funding for the renewal of approximately 500 metres of water main on McAllister Drive, from Westmorland Road towards Mountain View Drive. TENDER RESULTS Tenders closed on April 20, 2016 with the following results, including HST: 1. Galbraith Construction Ltd., Saint John, NB $ 586,844.03 2. MIDI Construction Ltd., Saint John, NB $ 634,234.76 3. Fairville Construction Ltd., Saint John, NB $ 692,577.00 4. Debly Enterprises Limited, Saint John, NB $ 734,315.81 5. Terraex Inc., Saint John, NB $ 791,022.60 737,504.67, including HST. ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work and recommend acceptance of their tender. Work is expected to begin in June and continue until mid- September 2016. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2016 Water & Sewerage Utility Fund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. The analysis is as follows: Budget $ 900,000 Project net cost $ 600,873 Variance (Surplus) $ 299,127 POLICY TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Specifications and the specific project specifications. - 3 - SERVICE AND FINANCIAL OUTCOMES The water main on this street is in poor condition and requires replacement. The renewal of the infrastructure will reduce the likelihood of future service disruptions to the local residents and businesses due to infrastructure failures. This project will be completed within the original approved financial budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A /hb/L\[ w9thw M&C No. 2016-121 Report Date April 26, 2016 Meeting Date May 02, 2016 Service Area Finance and Administrative Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT: Invitation to participate in Climate Change and Community Energy Initiative OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Samir Yammine Kevin Fudge Jeff Trail RECOMMENDATION It is recommended that: 1) The City joins the Union of Municipalities of New Brunswick (UMNB) initiative to participate in the Climate Change and Community Energy Plan; 2) The City contributes $9,000 in 2017 and $9,000 in 2018 toward this initiative, on the condition that the funding applications submitted by UMNB to FCM Green Municipal Fund (GMF) and to NB Environmental Trust Fund are approved. EXECUTIVE SUMMARY The purpose of this report is to provide Council with an overall description of the UMNB Climate Change and Energy Initiative including direct and indirect economic, social and environmental benefits to the Community. In addition, this l to participate in the UMNB Climate Change and Community Energy Initiative. PREVIOUS RESOLUTION In March 7, 2016 UMNB submitted an invitation letter to Common Council to participate in Climate Change and Energy Initiative and to contribute $18,000 over two years toward this initiative. Common Council resolution was to refer this letter to the City Manager. - 2 - STRATEGIC ALIGNMENT This initiative is well align with the City of Saint John Plan SJ policies and objectives, Municipal Energy Efficiency Program (MEEP) goals and Integrated Community Sustainability Plan (ICSP) visions. tƌğƓ {W term environmental sustainability for future generations; Conserves energy and reduces energy use through sustainable building design, alternative energy systems and reduced auto dependence; Develops effective policy on climate change and integrates mitigation And adaption actions that can be influenced through land use policy; Working with the Government of New Brunswick, the Government of Canada and relevant agencies to reduce local emissions of greenhouse gases. aǒƓźĭźƦğƌ 9ƓĻƩŭǤ 9ŅŅźĭźĻƓĭǤ tƩƚŭƩğƒ Λa99tΜ Reduce GHG emissions and Energy Consumption Develop a Community Energy Plan (new) LƓƷĻŭƩğƷĻķ /ƚƒƒǒƓźƷǤ {ǒƭƷğźƓğĬźƌźƷǤ tƌğƓ ΛL/{tΜ Saint John leads the nation as an example of a sustainable community Sustainability Themes on the Environment: We have an inherent responsibility and are dedicated to living in balance with our natural settings and decreasing our demands on finite natural resources REPORT The City of Saint John has been an early adopter of implementing energy efficiency measures and approaches to promote energy awareness amongst staff and the community. The City was one of the first Canadian municipalities in Atlantic Canada and one of the few in Canada to embark on creating a Municipal Energy Efficiency Program (MEEP). The program has been recognized regionally and nationally as Best Practice. This initiative bringing major community stakeholders together in a cohesive inventory, analysis, action plan, and community energy strategy. - 3 - tƩƚƆĻĭƷ 5ĻƭĭƩźƦƷźƚƓ The UMNB Climate Change and Energy Initiative will involve the development of a local climate change action plan which will include Community Energy Plan (CEP) for the City of Saint John and whole community. The project will include the following activities: 1. An inventory of Greenhouse Gas (GHG) emissions for several sectors in Saint John, for example: a. Transportation b. Residential Houses c. Commercial Properties d. Industries e. Government buildings, facilities, fleet f. Street Lighting g. Natural Resources 2. The establishment of a GHG emissions Baseline and Target. 3. The development of a local action plan. The plan will identify actions, projects, policies, and investment opportunities to help reduce GHG emissions, achieve energy cost savings, and generate new revenue. tğƩƷƓĻƩƭ The UMNB initiative will include the following 10 municipalities (confirmed), and the City of Saint John (if approved): Quispamsis, Grand Bay Westfield, Rothesay, Perth Andover, Sussex, McAdam, Petitcodiac, Rexton, Woodstock, Dalhousie. All the above municipalities have joined and will contribute funding toward this initiative. .ĻƓĻŅźƷƭ Ʒƚ ƷŷĻ /źƷǤ ƚŅ {ğźƓƷ WƚŷƓ This initiative will provide social, environmental and economic benefits to the City and community: Positions the City to meet the goal of reducing GHGs while pursuing economic development goals, and is well aligned with provincial CC Action Plan goals, FCM PCP program / national goals. Plan sets a vision and implementation strategy - council will know which opportunities to pursue, where to make investments, what types of - 4 - actions, policy, or projects are cost-effective and will benefit the community. An Analysis will be performed to determine the potential ROI (where possible), potential energy cost savings, GHG emissions reduction, capital costs, funding opportunities, priority, etc. All actions or projects identified reduction goals, and aligned with other funding opportunities / models Implementing the local action plan can foster new economic activity, job growth, cost savings and revenues in the community (which can also be reinvested into municipal programs/services, expanding projects, or starting new projects on a 20 year timeline). Opportunity to partner with other communities, local business and other organizations; co-procurement; inform regional land use plans Get profile nationally for achievements become a model city 5ĻƌźǝĻƩğĬƌĻƭ ğƓķ źƒĻ ƌźƓĻ ƚŅ ƷŷĻ ƦƩƚƆĻĭƷ City of Saint John will work in a collaborative approach with various community stakeholders, consultant, UMNB and regional communities to develop the following: Development of GHG Inventory (corporate and community-wide) Development of an Action Plan, and Community Energy Plan Targets identified (for GHG reduction, energy cost savings) Analysis of project opportunities, costs, co-benefits źƒĻƌźƓĻ: UMNB will make application to FCM GMF toward the end of May 2016. Approvals take 4 to 5 months. If successful, the project would start in the fall of 2016. The project is 18 months in duration. The energy and GHG emissions inventory will be created early in the project, while the Action Plan will be developed (in consultation) and finalized for adoption in late 2017 / early 2018. Prioritized Local action plan with a timeline and cost analysis along with the Saint John Community Energy Plan will be presented to Council for approval SERVICE AND FINANCIAL OUTCOMES The total cost of the project is estimated to be approximately $350,000 +HST Cost of this initiative is provided by the following funding sources: Federation of Canadian Municipalities under Green Municipal Fund: $175,000 (Pending approval) for up to 50% of project cost. - 5 - Province of NB Environmental Trust Fund (ETF): $70,000 (pending approval) requirement) shared. The City of Saint John will contribute $18,000 over the next two years (2017/2018) toward this initiative. The City will have staff on the local committee to manage the project and provide feedback to senior management and Council. The estimated time for the City staff is 200 hours over the duration of the project. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City of Saint John is currently cooperating with Saint John Energy with respect to a number of strategic energy management initiatives, including LED street lighting, large industrial rate issues and future community-based renewable energy opportunities. The UMNB Climate Change and Energy Initiative would be a natural extension of this work, with the goal of shaping a longer-term and mutual beneficial community sustainability vision and plan. Efforts will also be made to proactively engage local industry through the Atlantica Centre for Energy. The Centre, based in Saint John, is currently engaged in regional GHG policy research and discussions. ATTACHMENTS UMNB Invitation Letter dated March 2, 2016 /hb/L\[ w9thw M&C No. 2016-125 Report Date April 22, 2016 Meeting Date May 02, 2016 Service Area Saint John Water His Worship Mayor Mel Norton and Members of Common Council SUBJECT: Lancaster Wastewater Treatment Facility Screw Pump Replacement OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jordan Moran/Kendall Brent McGovern Jeff Trail Mason RECOMMENDATION It is recommended that: 1) Common Council approve reallocating $299,000 of the $299,127 Water & Sewerage Utility Fund budget surplus from the McAllister Drive Water Main Renewal Project (M&C 2016-108) to the Lancaster Screw Pump Replacement Project to offset the projected budget variance as outlined in this report. 2) Common Council approve reallocating $100,000 from the Lancaster Lagoon Solids Management Project to the Lancaster Screw Pump Replacement Project 3) Request For Proposal No. 2016-463001P: Screw Pump Replacement be awarded to Spaans Babcock Inc., at the tendered price of $384,030.50 (including HST) and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award the design, fabrication, supply, delivery and installation of two (2) archimedes screw pumps at the Lancaster Wastewater Treatment Facility to Spaans Babcock Inc. - 2 - PREVIOUS RESOLUTION November 2015; 2016 Utility Fund Capital Program Approved. (M&C No. 2015-224) November 2015; 2016 Utility Fund Operating Budget Approved. (M&C No. 2015-224) STRATEGIC ALIGNMENT Priority for Sustainable Infrastructure. REPORT BACKGROUND The Lancaster Wastewater Treatment Facility serves the west side of the City of Saint John and is located at 1210 Sand Cove Road. During normal operation, this facility houses two (2) archimedes screw pumps to lift raw untreated sewage to the screening section of the process. The screw pumps were initially installed in 1978 by Spaans Babcock Inc. Both screw pumps have reached the end of their serviceable lives and are in need of replacement. Currently the Lancaster Wastewater Treatment Facility is operating with one (1) archimedes screw pump as one has reached the end of the asset lift and cannot be repaired. This project will replace the existing screw pumps with two (2) new archimedes screw pumps and will provide the City with the required pump redundancy that is necessary at this facility. The work involves the design, fabrication, supply, delivery and installation of two (2) archimedes screw pumps at the Lancaster Wastewater Treatment Facility. It is estimated that the design, fabrication, supply, installation, delivery and installation of such a screw pump would take approximately 26 weeks. PURPOSE The purpose of this report is to make a recommendation for the engagement of an equipment Supplier/Contractor to design, fabricate, supply, deliver and install two (2) archimedes screw pumps at the Lancaster Wastewater Treatment Facility. - 3 - ANALYSIS With a comprehensive Request For Proposal (RFP) developed by CBCL Limited, a public call for proposals was issued for an equipment Supplier/Contractor. The RFP closed on April 14, 2016 and one response was received from Spaans Babcock Inc. of Barrie, Ontario. Due to the nature of the work and specialized equipment, it was anticipated that only one or two proposals would be submitted. A Review Committee consisting of staff from Materials Management, Saint John Water and CBCL Limited evaluated the submission for completeness and compliance with the RFP requirements. The Review Committee has concluded that the submission from Spaans Babcock Inc. has met all of the requirements of the proposal call and that the price submitted is acceptable. SERVICE AND FINANCIAL OUTCOMES The proposed cost of work from Spaans Babcock Inc. to provide design, fabrication, supply, delivery and installation of two (2) archimedes screw pumps at the Lancaster Wastewater Treatment Facility is $384,030.50 including HST. This cost is based on an estimated 26 week period that includes the aforementioned components (design, fabrication, supply, delivery and installation). The full amount of $384,030.50 from the 2016 Water & Sewerage Utility Capital Program is recommended to be allocated to this project. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Materials Management facilitated the RFP process to solicit proposals from equipment suppliers/contractors for the Lancaster Wastewater Treatment Facility Screw Pump Replacement Project. The Review Committee was tasked with the role of reviewing the submission against the proposal evaluation criteria as defined in the proposal call document. The above process is in Materials Management supports the recommendation being put forth. ATTACHMENTS N/A /hb/L\[ w9thw M&C No. 2016-129 Report Date April 26, 2016 Meeting Date May 02, 2016 Service Area Saint John Water His Worship Mayor Mel Norton and Members of Common Council SUBJECT: 2016 Service Contract between Info Excavation and the City of Saint John OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Holly Young J. Brent McGovern Jeff Trail RECOMMENDATION That The City of Saint John enter into a Service Contract with Info-Excavation in the form and upon the terms and conditions set out in the Service Contract attached to M&C 2016-129, for the purposes of providing a One-call Service for underground utilities and that the Mayor and Common Clerk be authorized to execute the said Contract. EXECUTIVE SUMMARY Since 2004, the City of Saint John has had the services of a Call Centre to both request and receive field locate information for buried utilities. The purpose of a bilingual service provider is to both receive locate requests and distribute infrastructure locate requests to member utilities. Member utilities include: The City of Saint John, Bell Aliant, a division of Bell Canada, Emera Brunswick Pipeline Company Ltd., Enbridge Gas New Brunswick Limited Partnership, Irving Oil Terminals and Pipelines G.P., Maritimes and Northeast Pipeline Limited Partnership, and the Power Commission of the City of Saint John on a twenty- four hour per day and seven day per week basis. Types of services provided to Members and the contractors include emergency locates, information calls on services, and line locate requests in the field. The existing contract with Accu-Link was terminated due to rate escalation. A formalized contract is required between the City of Saint John and the new are no concerns or objections. - 2 - PREVIOUS RESOLUTION That The City of Saint John enter into a two year Service Contract with Accu-Link in the form and upon the terms and conditions set out in the Service Contract attached to M&C 2015-200, for the purposes of continuing to provide a One-call Service for underground utilities and that the Mayor and Common Clerk be authorized to execute the said Contract. STRATEGIC ALIGNMENT The provision of an underground utility location service supports sustainable infrastructure and protects infrastructure assets. REPORT In October 2015, Common Council authorized the City enter into a Service Contract with Accu-Link for the purposes of providing a One-call Service for underground utilities at a stipulated rate. In March 2016, Accu-Link notified they would be unilaterally augmenting the rates in order to continue providing the service. Despite having a contract in place, if rates were not adopted within 60 days by Members, services would be terminated. The Contract allowed for termination of the present agreement in the case of a breach of any provisions. In this case, the rate structure. The SJ Dig Line Members, of which the City of Saint John is a member, decided the vast rate increase proposed was unacceptable and sought proposals from other qualified service providers. SERVICE AND FINANCIAL OUTCOMES Service for stakeholders will continue to be on a 24-7 basis and improved as a result of modern technology - web applications and simpler request tracking. A cost per request will apply up to the maximum rate per citizen based on the City of Saint John population, as determined by Census Canada. For clarity, the maximum annual fee payable by the City shall be the maximum rate per citizen plus the yearly premium. Overall the cost will be marginally higher, approximately $1,600 per year more than the current service provider. There are sufficient funds budgeted in the Water & Sewerage Utility to cover the marginal service cost increase that will be incurred. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Infrastructure Development Service worked with the members of the SJ Dig Line to obtain quotes from service providers. The Department was consulted on the process and the Legal Department has reviewed the attached Service Contract and provided input. - 3 - ATTACHMENTS 1. Service Contract /hb/L\[ w9thw M&C No. 2016-132 Report Date April 27, 2016 Meeting Date May 02, 2016 Service Area Growth and Community Development Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT: Public Hearing for ZoneSJ Update OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jacqueline Hamilton Jeff Trail RECOMMENDATION That Common Council schedule a public hearing concerning amendments to The Zoning By-law of The City of Saint John for Monday, July 25, 2016 at 6:30 p.m. in the Council Chamber and refer this matter to the Planning Advisory Committee for a report and recommendation. EXECUTIVE SUMMARY Amendments to the Zoning By-law will be proposed later this year to more fully implement the initiatives of the One-Stop Development Shop. The purpose of this report is to recommend an appropriate public hearing date for consideration of these anticipated amendments. Staff will be preparing the amendments over the next several months, and a detailed report will be provided to Council when completed. In the meantime, a public hearing date of Monday, July 25, 2016 is being recommended. PREVIOUS RESOLUTION At its meeting of August 3, 2004 Common Council resolved that: 1. The Commissioner of Planning and Development receive all applications for amendments to the Zoning By-law and proceed to prepare the required advertisements; and - 2 - 2. When applications are received a report will be prepared recommending the appropriate resolution setting the time and place for public hearings and be referred to the Planning Advisory Committee as required by the Community Planning Act. STRATEGIC ALIGNMENT facilitate investment and development in Saint John while maintaining City s amendments to the Zoning By-law is a requirement of the Community Planning Act. REPORT anticipated amendments to The Zoning By-law of The City of Saint John that will more fully implement the initiatives of the One-Stop Development Shop. These amendments will relate to the filling of land, 1 development permits, landscaping securities, garden suites, and other amendments of a housekeeping nature. SERVICE AND FINANCIAL OUTCOMES The scheduling of the public hearing and referral to the Planning Advisory Committee satisfies the legislative and service requirements as mandated by the Community Planning Service. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Not applicable. ATTACHMENTS None. 1 A garden suite is a secondary use to a one-unit dwelling where another dwelling unit is established in a separate building on the same lot. /hb/L\[ w9thw M&C No. 2016-113 Report Date April 22, 2016 Meeting Date May 02, 2016 Service Area Transportation and Environment Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT: Land for Public Purposes Trust Fund Application Swanton Street Playground Project OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Michael Hugenholtz Jeff Trail RECOMMENDATION It is recommended that Common Council, under existing policy, approve an Land for Public Purposes grant of $5,000 to the Swanton Street Playground Committee toward the cost of replacing playground equipment. EXECUTIVE SUMMARY In 2015 Common Council decided to not remove the equipment at the Swanton Street playground nor deem the associated land as surplus to the City. This playground was among those being considered for decommissioning as part of the PlaySJ implementation plan. The Swanton Street Playground Committee of the Champlain Heights Community Association has been working to replace the existing playground equipment that has reached the end of its useful life. The City has a Land for Public Purposes (LPP) Fund. Supporting construction of playgrounds is considered an appropriate use of this fund. The Swanton Street Playground Committee has asked for $5000 from the LPP fund to help pay for replacement of playground equipment. This report details the factors that City staff used in forming PREVIOUS RESOLUTION At its June 22, 2015 meeting Common Council authorized the removal of equipment at several neighbourhood playgrounds and deemed the associated lands surplus except for the case of the Swanton Street playground. - 2 - REPORT the Acceptance of Land for Public Purposed and policies are attached to this report. Within these LPP policies include Guidelines for Evaluation of Requests for Contributions from the LPP Trust Fund Applications from community groups for use of LLP funds are assessed in May with an application deadline of April 30. City staff is not aware of current applications other than from Swanton Street. The Swanton Street Playground is considered a Neighbourhood Playground in PlaySJ, equivalent to a Local Playground as identified in the LPP policies. The guidelines suggest a maximum eligible funding cap of $5000 for a Local playground and are not to exceed 50% of the project cost. The Swanton Street playground aligns with these stipulations. However, the Guidelines suggest preference would be given to playgrounds at new developments and at schools. The Swanton Street playground is neither. Staff considered several other factors in deciding to form a positive The Committee has worked very hard to plan the project and has secured the majority of the funds needed to replace the playground equipment, The Committee is part of a well organized community association, The Committee has committed to share in the ongoing upkeep of the property including: o conducting an annual spring clean-up, o regular garbage removal, mowing, and other general upkeep, The Swanton Street playground is within the catchment area of the Champlain Heights School playground but the school playground is not ideally placed for public access. Staff considered some additional factors counter to the positive recommendation including: The City will be responsible for ongoing repairs to the playground equipment and may be responsible for equipment replacement following manufacturer warranties are exhausted. Resources will be redirected away from the Regional and District playgrounds that are given priority in PlaySJ. The City will be responsible for regular inspections of the playground equipment. The LPP Fund is very limited to provide support to community projects. The Fund has an uncommitted current balance of just over $9000. Over - 3 - the last 5 years an average of less than $1000 per year has been added to the fund, mainly as a result of earned interest. The uncommitted balance would be just over $4000 if Council approves $5000 be directed to the Swanton Street project. Limited growth in the fund in the near future would be expected if the trend over the last few years continues. The Guidelines do allow Common Council to set maximum annual LPP expenditures but have not exercised this option for 2016. $5000 from the LPP fund with all the factors presented in this report considered. SERVICE AND FINANCIAL OUTCOMES The Land for Public Purposed Trust Fund has sufficient uncommitted money to support this request. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Swanton Street Playground Committee was consulted in preparing this report. ATTACHMENTS Letter from the Swanton Street Playground Committee received by Common Council at its April 4, 2016 meeting Policies fo the Acceptance of Land for Public Purposed and use of LPP Funds - 4 - - 5 - POLICIES FOR THE ACCEPTANCE OF LAND FOR PUBLIC PURPOSES AND USE OF LPP FUNDS City of Saint John, New Brunswick Adopted by Common Council November 6, 1995 Amended by Common Council August 20, 2001 - 6 - TABLE OF CONTENTS 1. Introduction 1 2. Definitions 1 3. Enabling Regulations 4 Policy 1: LPP Alternatives 4 4. Land For Public Purposes 5 Policy 2: Steps for acceptance of LPP 5 5. Money in Lieu of Land 5 Policy 3: Requiring Money in Lieu of Land 6 Policy 4: Determining the Amount of Money 6 Policy 5: Determining Market Value 6 6. Combining Land and Money 6 Policy 6: Acceptance of a Combination of Land and Money 6 Policy 7: Using LPP Money 7 - 7 - 1. INTRODUCTION The development of vacant land for the purposes of human habitation results in a further demand for land for recreational enjoyment of the neighbourhood, community and the city. The Community Planning Act recognizes this need and requires that land which is part of a subdivision be set aside for public purposes, or that money in lieu of land is received by the municipality. 2. DEFINITIONS The following definition is directly quoted from the Community Planning Act: or other use or enjoyment of the general public, such as (a) an access to a lake, river, stream, sea or other body of water, (b) a beach of scenic area along the shore of a lake, river, stream, sea or other body of water, (c) a conservation area, (d) land adjoining a school, for joint recreational purposes, (e) land for a community hall, public library, recreational use or other similar community facility, (f) open space, to provide air and light, to afford a view to or from a development or to a lake, river, stream, sea or other body of water, or for other purposes, (g) a park, green belt or buffer area dividing developments, parts of a highway or a development and a highway, (h) a pedestrian way to a school, shopping centre, recreational area or other facility, (i) a protection area for a water course, stream, marsh, water supply lake or other body of water, (j) a public park, playground or other recreational use, (k) a visual feature, or (l) a wooded area, slope area or a site giving view to a scenic area to provide diversity. 3. ENABLING LEGISLATION AND REGULATIONS The Community Planning Act requires the developer of a subdivision to set aside land for public purposes in an amount not exceeding 10% or in lieu of land, and at the discretion of Council, money not to exceed 8% of the market value of the land in the subdivision at the time of submission for approval of the subdivision plan, exclusive of land to be dedicated for streets. Exemptions - 8 - In accordance with the Act, Section 22(2) of the Subdivision By Law has exemptions for the supply of Land for Public Purposes when: (a) land to be re-subdivided for the purpose of correcting or rearranging boundaries or land previously included in an area subject to the requirements of this Section or to a corresponding Section under a previous Act; (b) that part of a subdivision which creates a piece of land solely for the purpose of being assembled with or added to adjoining land; (c) a parcel of land which was on or before May 26, 1978 under distinct and separate ownership from adjoining parcels and so registered in the Registry Office of the County of Saint John, and which is not capable of being subdivided into not more than three lots; or (d) the first new lot, of a size not capable of further subdivision, out of a parcel under distinct and separate ownership from adjoining parcels and so registered in the Registry Office on May 26, 1978, when the parcel is capable of being subdivided into more than three lots. Policy 1: LPP Alternatives Where a dedication for Land for Public Purposes is required it shall be the policy of Council to accept: (a) land; or (b) money in lieu of land, where reserve land is determined to be unnecessary at present or in the future development of the area; or (c) a combination of land and money equal to the percentage requirements. 4. LAND FOR PUBLIC PURPOSES Land shall be provided by the developer to the City in accordance with Section 22 of the Subdivision By Law at the time of subdivision. Land will always be required with the he situations identified in Section 5. Policy 2: Steps for the acceptance of Land for Public Purposes (1) The following steps shall be taken when determining the suitability of Land for Public Purposes. The parcel of land shall: (a) be accepted when in accordance with the needs identified in the Recreation and Open Space Strategy, or Municipal Development Plan or Neighbourhood Plan, or other applicable City By Laws, policies or documents where the criteria for parks and recreational lands and systems have been identified; (b) be suited in size, shape, quality and character for the purpose most suited to the needs of the neighbourhood and or in some situations the larger community as determined in (a); (c) be accessible by direct legal means of a public roadway or some other alternative means acceptable to Council having a minimum width to permit necessary access of emergency vehicles when developed for use; - 9 - (d) be located, in the subdivision of lands capable of ten or more lots in the most appropriate location for the future development must be located adjacent to a road reserve or access acceptable to Council; (e) meet public access and frontage requirements deemed suitable by Council for the public use of the property. 5. MONEY IN LIEU OF LAND In accordance with Section 42(3)(g) of the Community Planning Act and the Subdivision space needs of the neighbourhood and/or community. Money gained are to be expended by Council for acquiring or developing LPP. In many cases money would be more appropriately used for meeting these needs. Policy 3: Requiring Money in Lieu of Land Council shall require money in lieu of land when: (a) it has been determined that the land for public purposes is not needed in the neighbourhood and or community now or in the foreseeable future; or (b) the amount of land which would be available is unsuitable to meet the needs of the area. Policy 4: Determining the Amount of Money In accordance with the Community Planning Act and the Subdivision By Law, the amount of money owing will be based on the market value of the land in the subdivision at the time of submission for approval of the subdivision plan, exclusive of land indicated as streets intended to be publicly owned. Policy 5: Determining Market Value Market value will be determined by Housing and Property Management Department with input from other City departments, recent sale information and professional appraisers as required. If a dispute on the value arises between the developer and the City, the developer will be responsible for engaging a professional appraiser to support their position. The difference between the two appraisals will be used to determine market value unless influences on the market value have been overlooked by either party. 6. Combining Land and Money To facilitate the development of Land for Public Purposes in accordance with the needs of the area, Council may from time to time accept from the developer a combination of land and money in lieu of land for the total Land for Public Purposes requirement. Policy 6: Acceptance of a Combination of Land and Money In rendering a decision on the acceptance of a combination of land and money for the Land for Public Purposes Council shall: (a) ensure that the sum total of any combination of the two, land or money, is of a value equal to, or greater, than the Land for Public Purposes requirement; (b) ensure that the combination of the two will meet the needs of the area; - 10 - (c) from time to time, as the opportunity presents itself, enter into an agreement with the developer to carry out the development of the site in accordance with the requirements of the area. Policy 7: Using LPP Money Money is gained in the subdivision process through the enabling provisions of the Community Planning Act and the municipal Subdivision By Law. The Act requires that this money is placed in a special account and that it can only be spent on acquiring or developing land for public purposes. To spend this money, it shall be the policy of Council to: (a) evaluate, in accordance with Policy 2, the need to acquire or develop land for public purposes in, (i) the subdivision from which the money was gained, (ii) the local area near or around the subdivision and (iii) the community at large; (b) limit the amount of LPP funds used on any one site to a maximum of $50,000 dollars in any one year. Where additional funds are needed to facilitate development of LPP, it must be a project which serves a community wide interest. In this case Council may approve up to $75,000 in any one year; (c) of LPP. (d) Guidelines for Evaluation of Requests for Contributions from the LPP Trust Fund Projects must comply with the Community Planning Act definition of Land for Public Purposes. Common Council may set the maximum LPP expenditure for the year. Applications from community groups for LPP funds will be reviewed twice per year, in May and November. The deadlines for receipt of applications will be April 30 and October 31. Applications for playground funding will be assessed on whether the playground will serve a Local, Community, or City (Regional) population. The classification system will be based on the guidelines and inventory of the Park Classification system of the City of Saint John Recreation and Open Space Strategy. The maximum eligible funding from the LPP Trust Fund for playground projects will be based on the park classification, and will be limited to local - $5000, community - $10,000 and city or regional - $50,000. The funding limit is inclusive of all phases of a project. LPP funds shall not exceed more than 50% of the project cost. When considering monies and in-kind contributions that the community contributes to a project as matching funds, any monies from other government sources is to be excluded. Preference will be given to playgrounds developed at public schools. - 11 - Developments must provide barrier-free access to some of the facility. Preference will be given to new developments, and especially in areas where there is a lack of recreation facilities. Common Council at its sole discretion may choose to provide LPP funding to a project, as it deems appropriate. 1) That this amendment be implemented immediately, with the first deadline for applications being October 31, 2001 and further that, 2) Outstanding applications for funding from the LPP Trust that have been received prior to this date be considered based on the policy in place when the application was made to Common Council. From: Pierre-Yves Boivin \[mailto:Pierre-Yves.Boivin@cn.ca\] Sent: April-18-16 4:16 PM To: Norton, Mel Cc: Trail, Jeff; Nancy McKay Subject: CN Crossing Safety Dear Mayor Norton, Over the last two years, CN has worked with community leaders across Canada on rail safety. Today, I am writing to you to discuss safety at rail crossings. Our ongoing goal remains reducing crossing incidents across Canada by conducting regular public enforcement and education initiatives to change behaviours. We believe crossing safety is a shared responsibility. Along with our partner, Operation Lifesaver, we actively engage federal, provincial and local officials in identifying and eliminating crossing hazards. which places a special focus on crossing safety education, CN is renewing its commitment to share information about rail safety. My colleagues and I would welcome an opportunity to discuss our efforts to reduce crossing accidents and share information about the crossings in your community and how we keep them safe. Please do not hesitate to contact my colleague, Nancy Mckay if you have any questions about rail safety th or crossing in your community. As of April 25, she can be reached at 506-853-2720. Thank you, Pierre-Yves Boivin Senior Manager/Stakeholder Relations - Community Affairs May 2, 2016 Chair - , Chair Hatt Beth Kelly Andrew Dixon, Vice S M A I Y L R L D AI E E E W G T e e ny l n e i i A l a e B lm E HSaint John Historical Society EPort Saint John TFirst Nations Board of Directors Chair Treasurer - , Chair , Vice Secretary , T TN N O A O X S H I L y I D l l e W w e K y r h h d ty t n a a e BPresident, Aquila Tours Inc. ASr. Vice President, Port Saint John KSaint John Historical Society R Company (~1759) Champlain discovers Saint John River (1604) - Historical Significance de - , Hazen and White A site of Aboriginal significance with over 4,000 years of historyExplorer SamuelOne of the first French and Acadian settlements in the New WorldFort built by Governor of Acadia, Charles Etienne de La Tour (1631)Only civil war fought outside of France Fur trading and portage route used by French and Aboriginal peoplesSimondsDesignated National Historic Site (1923)Archaeological excavations (1950s)Designated as a Provincial Historic Place (1976)Over 10,000 artifacts in New Brunswick Archives Inc. Thanksgiving by New Brunswick Museum ashrooms: City of Saint John w curated Operational Assumptions Site is managed by Fort LaTour Development Authority, with potential operational support from Aquila Tours Operating Season: Victoria Day Ground maintenance & Interpretation Centres Grounds and waterfront accessible to public _ _ _ _ 0 _ 0 _ 0 , _ 8 _ 0 _ 0 , _ 2 _ $1,260,000$ 150,000$ 220,000$ 78,000$ 300,000$ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Passage _ _ _ _ Project Budget _ . & Permits _ _ _ Harbour _ _ Stabil _ _ _ _ _ l _ a t _ o _ Fort buildings, grounds etc. Architectural projectionWaterfront/Shoreline Contractor/Design/Admin/Tender _T : $220,000$400,000$950,000$400,000 One SupporterTwo SupportersFour SupportersTen Supporters $50,000$25,000 $10,000 $100,000 Funding Formula PlatinumGold Silver Bronze City of Saint John Province of New BrunswickFederal Government Private Sector & Community Levels of support from funding partners: Levels of support for Private Sector & Community Current Sponsors kind management of the site: $50,000 over 3 years - Platinum Sponsor: $100,000 over 2 yearsIn Port Saint JohnAquila Tours, Inc. Letters of Support Why Invest? time/fulltime seasonal employees - 16 fulltime during construction+8 indirect jobs1 fulltime seasonal manager2 part Historical significanceLeveraging partnershipsFinancially sustainableJobs:Educational benefits to youthNew tourism productCatalyst to develop waterfront tourism products & connections September 17, 2016 - August 4 joined Japan, Australia, New Zealand, - 7§ ³ ¨² ³§¤ .¤¶ "±´²¶¨¢ª )³¤± ³¨® « 3¢´«¯³´±¤ 3¸¬¯®²¨´¬Ȉ The very first International Sculpture Symposium was held in Austria in 1959. Sculptors from around the world together to create public artwork from local granite. There have been symposiums all over the world Spain, Italy and Abu Dhabi to name a few. - 2016 August 4 September 17 150 close to cruise will once again be the symposium 2016 Symposium Eight sculptors were chosen from applicants (47 countries) to create pieces of art from 120 tons of NB granite. Coast Guard site location for the ships and downtown offices. Open to the public with free admission - 2016 August 4 September 17 the . have attended from as far away as Australia people 65,000 symposiums Over - 2016 August 4 September 17 through its creation during Our Goals communities people and young artists tourism Connecting affordable public artEducating about public art and the six week symposiumCreating an International Sculpture Trail providing pride in the communities and increased - 2016 August 4 September 17 six and artists will participate in International 2016. Two are from New Italy and one from the US. NB Interns Brunswick, three from France, one from South Korea, one from Eight - 2016 August 4 September 17 Japan - City of Saint John Hiroyuki Asano Sunshine and Moonlight Over Saint John - 2016 August 4 September 17 Georgia - UNBSJ First Day Gogaberishvili Jhon - 2016 August 4 September 17 New Brunswick - St George Waterstone Jim Boyd - 2016 August 4 September 17 France - Westfield - Love Boudevin Grand Bay Fetiye - 2016 August 4 September 17 Australia - Sense of Place Town of Sussex Hew Chee Fong - 2016 August 4 September 17 WestfieldWestfield Harbour Bay Bay 20122014 John at Rockwood Park George . . Andrews. Stephen Community Partners Town of QuispamsisTown of RothesayUNBSJCity of Saint Town of Grand Town of StTown of SussexTown of HamptonNBCC Saint JohnSaint John Waterfront DevelopmentTown of Grand Village of Blacks Town of StTown of St - 2016 August 4 September 17 Public Gardens - Frederiction - Narrows Westfield - 2020 - Bay 20162018 George . Community Partners Oromocto Town of RiverviewTown of New Brunswick Medical SocietyPort Saint JohnVillage of CambridgeSaint John Horticultural AssociationTown of Grand Town of StVillage of NortonFundy National ParkVillage of Gagetown - 2016 August 4 September 17 ordinated with our - Community Partners $15,000 cash ( spread over 2 years )Transportation from symposium siteInstallation ( coengineers)LandscapingOn site day for the artists to promote the sculpture Responsibilities of The - 2016 August 4 September 17 What do they receive? Public art to be enjoyed for generationsLow maintenance sculpture at a fraction of the market valueInclusion on the International Sculpture Trail map and mobile appExtensive publicity leading up to and during the eventEducational opportunity to promote the community - 2016 August 4 September 17 - 2016 August 4 September 17 - 2016 August 4 September 17 - 2016 August 4 September 17 - ¨¤ ͳͱͱ͸ ¡¤¦´ ͳͱͱ͸ )³¤± ³¨® « 3¢´«¯³´±¤ 3¸¬¯®²¨´¬ 3¢§®®£¨¢ 3³¤´¡¤ ͳͱͱ͸ - 2016 August 4 September 17 Trail Map International - 2016 August 4 September 17 Educational and marketing video Questions? - 2016 August 4 September 17 LOWER LEVELLOWER LEVEL ACCESS TO LOADINGACCESS TO LOADING Received Date April 22, 2016 Meeting Date May 02, 2016 Open or Closed Open Session His Worship Mel Norton and Members of Common Council Your Worship and Councillors: {ǒĬƆĻĭƷʹ tƚƩƷ /źƷǤ ğƷĻƩ tƩĻƭĻƓƷğƷźƚƓ .ğĭƉŭƩƚǒƓķʹ Construction has now begun on our new drinking water treatment facility on Hickey Road in Ward 4. Citizens are now seeing the work taking place but have many questions on the construction work such as trees being removed, where the pipes will be going, what will it look like etc... aƚƷźƚƓʹ That Council receive a presentation from Port City Water on the construction of the drinking water treatment facility project. Respectfully Submitted, (Received via email) Ray Strowbridge Councillor Ward 4 City of Saint John Received Date April 22, 2016 Meeting Date May 02, 2016 Open or Closed Open Session His Worship Mel Norton and Members of Common Council Your Worship and Councillors: {ǒĬƆĻĭƷʹ tĻƷźƷźƚƓ ŅƚƩ /ğƓğķźğƓ tƚǝĻƩƷǤ wĻķǒĭƷźƚƓ {ƷƩğƷĻŭǤ .ğĭƉŭƩƚǒƓķʹ The petition is to designate Saint John, New Brunswick, as a demonstration site for the Canadian Poverty Reduction Strategy for testing and evaluating new and promising poverty reduction initiatives, which would include investments in affordable housing, skills training, literacy, neighbourhood revitalization, early childhood education and youth mental health. Whereas: The City of Saint John, according to 2013 taxfiler data, has a child poverty rate of 31%; The Government of Canada has committed to make significant new investments in social infrastructure; and The Minister of Families, Children and Social Development has been mandated to lead the development of a Canadian Poverty Reduction Strategy that would set targets to reduce poverty and measure and publicly report on progress. The Petition is open for signature until August 16, 2016, at 2:34 p.m. (EDT) aƚƷźƚƓʹ Council support this petition, e-291 Poverty, and direct the City to place a link on the City website to allow people to sign up. https://petitions.parl.gc.ca/en/Petition/Details?Petition=e-291c Respectfully Submitted, (Received via email) Ray Strowbridge Councillor Ward 4 City of Saint John COUNCIL REPORT M&C No. 2016-104 Report Date April 19, 2016 Meeting Date May 02, 2016 Service Area Corporate Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT: Potential External Use of The Explorer Brand In Support of a Public Merchandise Program OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Nancy Moar Neil Jacobsen Jeff Trail RECOMMENDATION Common Council authorizes the City Manager to: 1. Negotiate a license agreement with Enterprise Saint John authorizing the ƩǒĻ DƩƚǞƷŷ brand for the purpose of introducing a private sector merchandising program. 2. Work with Enterprise Saint John to design ƩǒĻ DƩƚǞƷŷ options and supporting brand and logo usage guidelines for inclusion in an external merchandising program. The secondary logo options must be designed in a way that will not duplicate existing brand uses by Enterprise Saint John, the City of Saint John, regional municipalities and other municipal agencies, boards and commissions. 3. Ithe interest and viability of local private sector suppliers developing and delivering a community- based Explorer brand merchandise program. 4. Compile a list of financial and non-financial costs and benefits to the City of Saint John and community associated with the launch of an external Explorer brand merchandise program. 5. Prepare final recommendations for Common Council with respect to adapting an external Explorer brand merchandising program. EXECUTIVE SUMMARY The purpose of this report is to accompany an Enterprise Saint John presentation regarding the use of the ƩǒĻ DƩƚǞƷŷ Saint John community Explorer - 2 - Brand. The potential sale of merchandise using the Explorer Brand would This Report outlines steps that the City could take to ensure brand integrity and protect itself financially if Council chooses to use the ƩǒĻ DƩƚǞƷŷ brand as part of a third party commercial merchandising program. PREVIOUS RESOLUTION JUNE 1, 2015 / LE 1 JUIN 2015 w9{h\[95 ƷŷğƷ /ƚǒƓĭźƌ ğķƚƦƷƭ ƷŷĻ ƩĻĭƚƒƒĻƓķğƷźƚƓ źƓ ƷŷĻ ƭǒĬƒźƷƷĻķ ƩĻƦƚƩƷ ĻƓƷźƷƌĻķͲ ƭĻ ƚŅ ƷŷĻ {ğźƓƷ WƚŷƓ /ƚƒƒǒƓźƷǤ .ƩğƓķͲ ğƭ ŅƚƌƌƚǞƭʹ ƷŷğƷ /ƚƒƒƚƓ /ƚǒƓĭźƌ ŷĻğƩ ķźƩĻĭƷƌǤ ŅƩƚƒ 9ƓƷĻƩƦƩźƭĻ {ğźƓƷ WƚŷƓ ƦƩźƚƩ Ʒƚ ğƓǤ ĭŷğƓŭĻ źƓ ƷŷĻ ǒƭĻ ƚŅ ƷŷĻ 9ǣƦƌƚƩĻƩ \[ƚŭƚ͵ REPORT The Explorer brand and logo is administered by Enterprise Saint John (ESJ) and used by varying degrees by all five Greater Saint John municipalities and its representative agencies, boards and commissions, including ESJ, Discover Saint John (DSJ), Saint John Transit and Saint John Industrial Parks. The Brand was developed as part of the original ƩǒĻ DƩƚǞƷŷ initiative and has been trademarked by ESJ. The City of Saint John uses the Explorer logo as its primary corporate facing brand (i.e., correspondence / business cards, web site / social media, vehicles, staff clothing, transit, industrial parks, parks, tourism promotion, economic development, safety management / public safety). Common Council, led by Councilor Strowbridge, would like to see the Explorer brand and logo used for public / commercial use as a way to promote community awareness and pride and as a potential revenue generation opportunity for the City of Saint John. In June 2015 Enterprise Saint John presented a report to Council recommending that the Explorer logo not be used for any other purposes other than use by the City and its agencies, boards and commissions. Council rejected the recommendation not to pursue the commercial use of the Explorer brand and logo, and asked ESJ to present options to Council. Representatives from ESJ, DSJ and the City have been working together to formulate a solution that o promote community pride and to public or commercial use of the Explorer. They included legal / trademark issues, brand dilution and confusion issues, public safety and operational concerns. - 3 - It is important to note that anyone wearing Explorer branded clothing would There are a number of particular challenges with releasing the Explorer logo for commercial use: Employees wear marked clothing in an effort to properly identify those who may be required to ente public while delivering recreational programming. Administration of any program would require staff resources. ESJ has expressed concerns that this initiative might compete with local businesses that develop and sell merchandise in the City. The PRO Kids Board was approached to see if they would be interested in administering a program and keep any profits. They declined, citing lack of resources to administer a program. ESJ and DSJ have indicated that they do not have to resources to develop or administer a merchandise program nor would it be in their mandate. As such, any program would need to be managed by the City. The City does not currently have the ability or capacity to sell clothing directly to the public, and there has program. The City does not have the internal resources, expertise or sales channels to manage a successful merchandising program of this nature. Purchasing and Finance Departments have indicated that it would be the ability of local merchants or vendors to deliver a suitable third party merchandise program. revenue generation and Community Development service area, could also help evaluate the initiative from a return on investment perspective. If it was determined there was sufficient third party interest and a suitable return for the City of Saint John, staff would return to Council with final recommendations. The City could then proceed to a formal request for proposals, and ultimately enter into a contract with the successful vendor (subject to Council approval). The Communications Department has completed some initial work in identifying suitable versions of the Explorer logo. Alternative versions of the Explorer logo are currently being used to promote city-supported community initiatives such as the Volunteer Awards and the new Development Incentive Programs. The use of a allow for some distinction between the Communications Department also recommend that any items licensed for sale -4- bear no resemblance to the Explorer brand clothing currently used by City staff. The Communications Department will also work with Enterprise Saint John to further refine the Explorer brand and logo usage guidelines and standards as they relate to the City of Saint John and a potential external merchandise program. SERVICE AND FINANCIAL OUTCOMES interest and the financial viability of entering into a public Explorer brand merchandise program. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input with respect to this Report has been provided by Enterprise Saint John, Discover Saint John Finance and Administrative Services Department. ATTACHMENTS Sample Secondary Use Explorer Logos , 2016. nd Enterprise Saint JohnMay 2 COMMUNITY BRAND Our Community BrandBrand Management Agenda 1.2. have always thrived in the spirit Johners Our Brand Proposition around the world and was built by immigrants resulting in a cooperative, caring social network, which provides the foundation Brand Management A brand is more than a logo: represented through imagery, language, connotation and value. To identify - To identify corporate - Primary Logo agencies or initiatives A Secondary Logo community agencies of initiatives Brand Management The Explorer logo has two variations: 1.2. Primary Logo Usage Brand Management Protecting the Brand Secondary Logo Usage Secondary Logo Primary Logo Brand Management , 2016. nd Enterprise Saint JohnMay 2 COMMUNITY BRAND /hb/L\[ w9thw M&C No. 2016-122 Report Date April 25, 2016 Meeting Date May 02, 2016 Service Area Growth and Community Development Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT: Update on Parking Lot Compliance 171 and 173 Germain Street OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Amy Poffenroth Jacqueline Hamilton Jeff Trail RECOMMENDATION Your City Manager recommends that this report be received and filed. EXECUTIVE SUMMARY As a result of the Parking Lot Compliance Program, the properties at 171 and 173 Germain Street are no longer being used as parking lots and are now in compliance with the Zoning By-law. PREVIOUS RESOLUTION At the March 7, 2016 meeting of Common Council, the following resolution was passed: Services to report back on properties located at 171 and 173 Germain Street st after a subsequent inspection is carried out on the 1 STRATEGIC ALIGNMENT Properties that are in compliance with the Zoning By-law and other by-laws contribute to a Community of Choice. REPORT In March 2016, Common Council was updated on four successful prosecutions that proceeded under the Council-initiated Parking Lot Compliance program and resulted in maximum fines being issued in all four cases. In addition, two of the - 2 - lots, 7 Dorchester Street and 13 Garden Street had ceased being used as parking lots in contravention of the Zoning By-law. The lots at 171 and 173 Germain Street were still being used as parking lots at the time of the report, with an inspection scheduled for April 2016. Staff did conduct updated inspections in April and found the lots at 171 and 173 Germain Street to be in compliance with the Zoning by-law and are no longer being used as parking lots. The cases are now considered closed. SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A /hb/L\[ w9thw M&C No. 2016-119 Report Date April 22, 2016 Meeting Date May 02, 2016 Service Area Transportation and Environment Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT: 2016 Roadway Construction Projects OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Brian Keenan Michael Hugenholtz Jeff Trail RECOMMENDATION It is recommended that Common Council receive and file this report. EXECUTIVE SUMMARY The City of Saint John has a number of major construction projects under both the General Fund and Utility Fund Capital Programs that will have an impact on traffic arteries. A map identifying the location of 2016 City projects is attached. Projects that will have a significant impact on traffic are highlighted later in this report. PREVIOUS RESOLUTION November 9, 2015; 2016 Water & Sewerage Utility Fund Capital Program Approved. December 17, 2015; 2016 General Fund Capital Program Approved. STRATEGIC ALIGNMENT - 2 - REPORT Staff of local road authorities - New Brunswick Department of Transportation and Infrastructure (NBDTI), Gateway Operations and the City of Saint John met on March 29, 2016 to exchange information on planned construction projects and to consider effects of the construction on the transportation network and traffic in the Saint John region. Also included were local utilities Saint John Energy, Enbridge Gas, Bell Aliant, Irving Refinery, and the Safe Clean Drinking Water Proponent - Port City Water Partners. The 2016 construction season will again have many large projects with impacts to traffic flows. The meeting was productive with groups sharing information on major projects that will impact traffic flows during the 2016 construction season. The purpose of this report is to update Council on current and planned roadway construction and the steps being taken to help mitigate impacts on users of the transportation network. Route 1 and Interchanges Work will be taking place this season by Gateway Operations on the Gilbert Street/Crown Street and Wall Street overpass structures. Asphalt Maintenance Resurfacing will be taking place this summer on the East bound lanes of Route 1 from the Route 7 interchange to the Harbour Bridge and on a 1 km section in the West bound lanes of Route 1 from Gilbert Street to the Harbour Bridge. Lane closures will be necessary to accomplish this work. NBDTI Projects NBDTI will be undertaking work on Route 7 near Grand Bay to replace a culvert which will include a detour. Work will also be taking place on the underside of the Reversing Falls Bridge structure. Asphalt Maintenance Resurfacing will be undertaken on the Courtenay Bay Causeway and Marco Polo Bridge which will result in lane closures. City Projects The attached City of Saint John Projects Map for 2016 includes projects under several categories: Asphalt Maintenance Resurfacing Water and Sewer Construction Street Reconstruction Roadway Maintenance Asphalt Overlay Safe Clean Drinking Water Project Generally, the Asphalt Maintenance Resurfacing projects are carried out in stages: asphalt cold milling, structure adjustments and paving. These projects are normally of short duration with each location taking a few days to complete - 3 - depending on length of roadway to be resurfaced. The construction duration will be longer for those locations where concrete curbs/sidewalks are included. Water & Sewer Renewals require trench excavation in roadways and will result in lane reductions, but there will be full road closures only in special cases where buried infrastructure is complex. Street Reconstruction projects normally involve underground infrastructure renewals and replacement of roadway granulars in preparation for new curb, sidewalk and asphalt installations. This type of construction work normally requires full road closure. Roadway Maintenance Asphalt Overlay is reserved for streets where the service life cannot be extended by asphalt maintenance resurfacing and the street is not slated for street reconstruction or water and sewer reconstruction within the next five years. The intent of this program is for City crews to overlay the existing street with a layer of asphalt to maintain the street in a functional condition until such time as the street can be scheduled for reconstruction. The Safe Clean Drinking Water Project includes the design and construction of a new Water Treatment Plant on the east side of Saint John, a new Wellfield on the west side of Saint John, new transmission mains and the rehabilitation of existing transmission mains at various locations in Saint John. From the Projects Map, the following projects will result in significant impacts to traffic flow: Princess Street Reconstruction (Charlotte Street to Sydney Street) road closures and detours. Exmouth Street Reconstruction (Richmond Street to Brunswick Drive), Golding Street Reconstruction (Waterloo Street to Bayard Street) and Paddock Street Reconstruction (Coburg Street to Civic #39 Paddock Street) road closures and detours. Ready Street (Main Street to Catherwood Street) Water and Sewer Upgrade road closures and detours. McAllister Drive (Westmorland Road south to civic #402 McAllister Drive) Watermain Upgrade lane reductions. Foster Thurston Drive Asphalt Maintenance Resurfacing (Fieldstone Drive to Ashburn Road) lane reductions. Loch Lomond Road Asphalt Maintenance Resurfacing (Churchland Road to Eldersley Avenue) - lane reductions. St. Martins Road Asphalt Maintenance Resurfacing (Loch Lomond Road to City limits) - lane reductions. - 4 - Union Street Asphalt Maintenance Resurfacing (Charlotte Street to Crown Street) lane reductions. Gault Road Asphalt Maintenance Resurfacing (Manawagonish Road to Civic #474) lane reductions. Hickey Road (Grandview Avenue to Loch Lomond Road) Safe Clean Drinking Water Project lane reductions, road closures and detours. Ocean Westway (Spruce Lake to Pipeline Road West) - Safe Clean Drinking Water Project lane reductions. Traffic disruption could be subject to change depending on particular design and/or construction circumstances. Detailed traffic control plans will be developed with contractors and design consultants for all major construction projects. In addition to those identified above, other planned projects shown on the Projects Map should be less disruptive. There will also be normal operational and maintenance activities carried out by Saint John Water and Transportation & Environment Services crews. These are smaller in scope and usually only disrupt traffic on a street or street sections for a relatively short period. Staff have also communicated with other local utilities Enbridge Gas, Bell Aliant and Saint John Energy to exchange information about their work activities in order to coordinate respective programs and plans. SERVICE AND FINANCIAL OUTCOMES The planned roadway construction projects will result in improvements to the municipal infrastructure. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Communications Construction Information Keeping citizens informed is a key component of a successful construction season. Operations, Engineering, SJ Water, Saint John Police and Communications will work together with SJ Transit, SJ Parking Commission, NBDTI, Gateway Operations, Port City Water Partners and the various other utilities and contractors to ensure that the public is kept informed on projects, delays and changes to traffic patterns. The various groups will also work together to promote information regarding alternate routes and modes of transportation. A coordinated communications campaign is being initiated to keep the public informed on construction progress throughout the season, along with impacts on the highway and road networks and various forms of transportation. - 5 - The following will be utilized to communicate information to the public: Public information sessions for major projects where required. The Princess Street Reconstruction project is an example of a recent report on the March 21, 2016 council agenda to advise of a planned Public Information Session; The weekly construction updates report sent to the media and posted to the City's Website, sent via email notification, Twitter and Facebook each Friday. A sample of the weekly update is attached for information. Further information will be compiled as additional 2016 construction projects commence; "Spot" traffic advisories disseminated as required through various channels including media, email notification, Twitter and Facebook; Onsite information signage where needed and; Working with Destination Saint John and the Visitor Information Centres to keep visitors/tourists informed. construction map, a list of all projects and an explanation of the work to be carried out and detailed information about large projects; - 6 - Many construction projects and activities have begun or are planned for the 2016 construction season. Agencies are coordinating their public communications effort and this will continue as projects progress. Despite these, the public should expect disruption to traffic flows. Patience and understanding on the part of all network users will be important. ATTACHMENTS City of Saint John Projects Map City of Saint John Weekly Construction Update WEEKLYCONSTRUCTIONUPDATE MunicipalOperationsandEngineering LƓŭĽƓźĻƩźĻetƚƦĽƩğƷźƚƓƭmunicipales (506)6584455CğǣΉĽƌĽĭƚƦźĻǒƩ:(506)6584740 municipaloperations@saintjohn.cahttp://www.saintjohn.ca ConstructionUpdate/NouvelleshebdomadairesApril22,2016/le22avril2016 DrivewithCautionorUseAlternateRoutesConduisezprudemmentouutilisezuntrajetderechange. PoliceWillBeMonitoringTrafficLapolicesurveilleralacirculation. ExpectTrafficInterruptionsS'attendreĠdesinterruptionsdelacirculation. OFSAINTJOHNPROJECTS CITY C ONTINUING/E NCOURS: Contract201601ReadyStreetΑWater,SanitaryandContrat201601:Renouvellementdelaconduited'eauet StormSewerInstallationdesĽŭƚǒƷƭsanitairesetpluviauxettravauxdeƩĽŅĻĭƷźƚƓde larueReady BeginningApril16,2016Α LestravauxķĽĬǒƷĻƩƚƓƷle16avril2016 Thisprojectinvolvestheinstallationofnewwatermain, sanitaryandstormsewersandstreetrestorationon Ceprojetcomprendl'installationd'unenouvelleconduite ReadyStreetbetweenCatherwoodStreetandMainStreet. d'eauprincipale,desĽŭƚǒƷƭsanitairesetpluviauxainsique destravauxdeƩĽŅĻĭƷźƚƓsurlarueReady,entrela Duringconstructionthestreetwillbeclosedto rueCatherwoodetlarueMain. throughtraffic.Accesstolocalresidentsandbusinesses willbemaintained. Pendantlestravaux,lesruesserontŅĻƩƒĽĻƭĠlacirculation. \[γğĭĭļƭauxƩĽƭźķĻƓĭĻƭetauxentrepriseslocalessera Pleaseobservetheconstructionsignageanddrive maintenu. carefullythroughtheconstructionzone.Motoristsare advisedtotakealternateroutes. Veuillezrespecterlasignalisationdeconstructionetconduire Anticipatedcompletion:June25,2016 prudemmentdanslazonedetravaux.Onrecommandeaux automobilistesd'emprunterd'autresroutes. (JoelLanders) LafindestravauxestƦƩĽǝǒĻle25juin2016. (JoelLanders) Contract201522:ExmouthStreetandGoldingStreetΑContrat201522:Renouvellementdelaconduited'eauet Water,SanitaryandStormSewerRenewalandStreetdesĽŭƚǒƷƭsanitairesetpluviauxettravauxdeƩĽŅĻĭƷźƚƓdes ReconstructionruesExmouthetGolding BeginningApril18,2016ΑLestravauxķĽĬǒƷĻƩƚƓƷle18avril2016 Thisprojectinvolvestheinstallationofnewwatermain,Ceprojetcomprendl'installationd'unenouvelleconduite d'eauprincipale,desĽŭƚǒƷƭsanitairesetpluviauxainsique sanitaryandstormsewersandstreetreconstructionon ExmouthStreetfromRichmondStreettoBrunswickDrivedestravauxdeƩĽŅĻĭƷźƚƓsurlarueExmouth,entrela andonGoldingStreetfromWaterlooStreettoBayardrueRichmondetlapromenadeBrunswick,etsurla Drive.rueGolding,entrelarueWaterlooetlapromenadeBayard. DuringconstructionthestreetswillbeclosedtothroughPendantlestravaux,lesruesserontŅĻƩƒĽĻƭĠlacirculation. localresidentsandbusinesseswillbe\[γğĭĭļƭauxƩĽƭźķĻƓĭĻƭetauxentrepriseslocalessera traffic.Accessfor ConstructionUpdate/Nouvelleshebdomadaires2April22,2016/le22avril2016 maintained.Pleaseobservetheconstructionsignageandmaintenu.Veuillezrespecterlasignalisationdeconstruction drivecarefullythroughtheconstructionzone.Motoristsetconduireprudemmentdanslazonedetravaux.On areadvisedtotakealternateroutes.recommandeauxautomobilistesd'emprunterd'autres routes. LafindestravauxestƦƩĽǝǒĻle30septembre2016. Anticipatedcompletion:September30,2016 (Kevinh͸.ƩźĻƓΜ (Kevinh͸.ƩźĻƓΜ ConstructionUpdateApril2529,2016MiseĠjourdelaconstructionAvril2529,2016 SafeCleanDrinkingWaterProject(SCDWP)Apportantdeƌ͸Ļğǒpotablesaineetpropre PrimaryInfrastructureInfrastructurePrimaire LatimoreLakeRoadHickeyRoadΑGrandviewRoutedulacLatimoreΑCheminHickeyΑ!ǝĻƓǒĻ Avenue/LatimoreLakeRoad/HickeyRoadGrandview/RoutedulacLatimore/Intersection IntersectionCheminHickey thth April25toApril29Du25Avrilau29Avril Component.11WaterTreatmentPlant(WTP)Component.11Usinedetraitementdeseaux Thisprojectinvolvestheconstructionofanew75 Leprojetcomprendlaconstructiond'unenouvelle MillionLitresperdayWaterTreatmentPlantonCity usinedetraitementd'eaude75millionsdelitresķ͸Ļğǒ ownedpropertyattheintersectionofHickeyRoad parjoursurlaƦƩƚƦƩźĽƷĽappartenantĠ andLatimoreLakeRoad,inordertogreatlyimprove laVilleĠl'intersectionducheminHickeyetlaroutedu thedrinkingwaterqualityfortheCityofSaintJohn residentsandbusinesses.LacLatimore,afinķγğƒĽƌźƚƩĻƩĭƚƓƭźķĽƩğĬƌĻƒĻƓƷla ƨǒğƌźƷĽdel'eaupotablepourlesƩĽƭźķĻƓƷƭetles Workactivitiescurrentlyunderwayinclude: entreprisesdelavilleSaintJohn. Treecutting&removalfromthesite LesğĭƷźǝźƷĽƭdetravailactuellementencours Removaloftreestumpsandrootmaterials comprennent: fromthesite. GeotechnicalInvestigationstoallowdetailed 5ĽĬƚźƭĻƒĻƓƷetƌγĻƓƌļǝĻƒĻƓƷdusite designcompletion. 9ƓƌļǝĻƒĻƓƷdessouchesd'arbresetderestes deracinesdusite ;ƷǒķĻƭŭĽƚƷĻĭŷƓźƨǒĻƭpourpermettrela Component.21WaterStorageReservoirsatthe conceptionķĽƷğźƌƌĽĻķγğĭŷļǝĻƒĻƓƷ͵ WTP. Component.21wĽƭĻƩǝƚźƩƭdestockageķ͸ĻğǒĠƌ͸ǒƭźƓĻ Thisprojectinvolvestheconstructionof3separate detraitement. 11,000m3concretewaterstoragetanks. ConstructionUpdate/Nouvelleshebdomadaires3April22,2016/le22avril2016 Workactivitiescurrentlyunderwayinclude:Leprojetcomprendlaconstructiondetrois(3) ƩĽƭĻƩǝƚźƩƭdestockaged'eaude11.000m3deĬĽƷƚƓ Treecutting&removalfromthesite chaqueun. Removaloftreestumpsandrootmaterials fromthesite. LesğĭƷźǝźƷĽƭdetravailactuellementencours GeotechnicalInvestigationstoallowdetailed comprennent: designcompletion. 5ĽĬƚźƭĻƒĻƓƷetƌγĻƓƌļǝĻƒĻƓƷdusite 9ƓƌļǝĻƒĻƓƷdessouchesd'arbresetderestes Pleaseobservetheconstructionsignsanddrive deracinesdusite carefullythroughtheconstructionzones.Watchout ;ƷǒķĻƭŭĽƚƷĻĭŷƓźƨǒĻƭpourpermettrela fortheworkers. conceptionķĽƷğźƌƌĽĻķγğĭŷļǝĻƒĻƓƷ͵ Veuillezrespecterlespanneauxdeconstructionet conduisezprudemmentdansleszonesdeconstruction. Observezdehorspourlestravailleurs. AdditionalInfrastructureInfrastructureAdditionnel GeotechnicalInvestigations;ƷǒķĻƭŭĽƚƷĻĭŷƓźƨǒĻƭ BeginningΑApril18,2016"compterdu18Avril2016 HydroexcavationinvestigativeworkswillbeTravauxdesondageķ͸IǤķƩƚexcavationseront completedtofacilitatedesignofwaterimprovementsĭƚƒƦƌĽƷĽƭpourfaciliterlaconceptiondesğƒĽƌźƚƩğƷźƚƓƭ inthefollowingareas:del'eaudansleszonessuivantes: LatimoreLakeSouth&MaindamsSudduLacLatimoreetBarragesprincipales CommerceDrive(atLochLomondRoad)CommerceDrive(aucheminLochLomond) variouslocationsdiversendroits LochLomondRoad(fromCommerceDrivetoCheminLochLomond(duCommerceDrive à HickeyRoad)variouslocationscheminHickey)diversendroits HickeyRoad(fromLochLomondRoadtoCheminHickey(ducheminLochLomond à Heather Way) – divers endroits Heatherwayvariouslocations VoieouestOcean(ducheminKingWilliam à OceanWestway(fromKingWilliamRoadto Civic#2193voieouestOcean)Αdiversendroits Civic#2193OceanWestway)various CheminPipelineOuestΑdiversendroits locations PipeLineRoadWestvariouslocations InterruptiondutraficestƦƩĽǝǒĻ͵Veuillezrespecterles Trafficdisruptionsareexpected.Pleaseobservethe panneauxdeconstructionetconduisezprudemment constructionsignsanddrivecarefullythroughthe dansleszonesdeconstruction.Observezdehorspour constructionzones.Watchoutfortheworkers. lestravailleurs. AnticipatedCompletionΑMay6,2016 !ĭŷļǝĻƒĻƓƷƦƩĽǝǒʹle6mai2016 ConstructionUpdate/Nouvelleshebdomadaires4April22,2016/le22avril2016 Component.42WaterTransmissionpiping(WTPto Component42Tuyauteriedetransmission(usinede CommerceDrive) traitementķ͸ĻğǒǣĠCommerceDrive). AnticipatedBeginningΑApril25,2016 "compterdu25Avril2016 Thisprojectinvolvestheinstallationofnewwater Leprojetcomprendl'installationdelanouvelle transmissionmainpipingfromthenewWater principaletuyauteriedetransmissionķ͸Ļğǒķļƭla TreatmentPlantalongHickeyRoadandBruceLane nouvelleusinedetraitementķ͸Ļğǒaulongduchemin andtowardCommerceDrive. HickeyetBruceLaneetversCommerceDrive. Workactivitiesonthisworkcomponentwillinvolve LesğĭƷźǝźƷĽƭdetravaillesurcecomponentimpliquent minortreeclearingintheBruceLanearea.Tree ķĽĬƚźƭĻƒĻƓƷmineurdanslazonedeBruceLane.Le clearingisanticipatedtobecompletedbyApril29, ķĽĬƚźƭĻƒĻƓƷdevraitľƷƩĻĭƚƒƦƌĽƷĽle29Avril2016. 2016. InterruptiondutraficƓ͸ĻƭƷpasƦƩĽǝǒĻpourles Notrafficdisruptionsexpectedfortheupcomingtree prochainstravauxdeķĽĬƚźƭĻƒĻƓƷ͵ clearingwork. Component.455ĽǝĻƌƚƦƦĻƒĻƓƷduchampdecaptage Component.45WellfieldDevelopmentand etTuyauteriedetransmission Transmissionpiping "compterdu25Avril2016 AnticipatedBeginningΑApril25,2016 Leprojetcomprendlaconstructiond'unenouvelle Thisprojectinvolvestheconstructionofanewpump stationdepompageainsiquel'installationd'une stationaswellastheinstallationofanewwater nouvelle conduite ķ͸Ļğǒprincipalequitransmettral'eau transmissionmainwhichwilltransmitwaterfromthe ķļƭlesnouveauxpuitsĠlastationdepompageexistant newwellstotheexistingSpruceLakePumpStation. dulacSpruce.LenouveauchampdecaptageestƭźƷǒĽ ThenewwellfieldislocatedonaCityownedproperty suruneƦƩƚƦƩźĽƷĽappartenantĠlaVilleƦƩļƭde neartheintersectionofGaelicDriveandDownsview l'intersectiondelapromenadeGaelicetlapromenade Drive. Downsview. Workactivitiesonthisworkcomponentwillinvolve LesğĭƷźǝźƷĽƭdetravaillesurcecomponentimpliquent removalofstumpsandrootmaterialsfromthesite. ƌ͸ĻƓƌļǝĻƒĻƓƷdessouchesd'arbresetderestesde Removalofstumpsandrootmaterialsisanticipated racinesdusite.\[͸ĻƓƌļǝĻƒĻƓƷdessouchesd'arbresetde tobecompletedbyApril29,2016. restesderacines Notrafficdisruptionsexpected.Truckswillbehauling devraitľƷƩĻĭƚƒƦƌĽƷĽle29Avril2016. grubbingmaterialsofftheWellfieldsite. InterruptiondutraficƓ͸ĻƭƷpasƦƩĽǝǒĻpourles Component.53WaterMainRehabilitation(Ocean prochainstravauxdeķĽĬƚźƭĻƒĻƓƷ͵Lescamions Westway&PipelineRoadWest). transporterontdesƒğƷĽƩźğǒǣd'arrachagehorsdusite AnticipatedBeginningΑApril25,2016 duchampdecaptage Thisprojectinvolvesslipliningofanexistingwater Component.53wĽŷğĬźƌźƷğƷźƚƓduconduitprincipale transmissionmainwithanewHDPEpipeinsideof ķ͸Ļğǒ(voieouestOcean&cheminPipelineouest). existingwatertransmissionmain.Accesspitswillbe "compterdu25Avril2016 excavatedtoallowtheinsertionofnewpipinginside theexistingtransmissionmaininlocalareas.This Leprojetcomprendletubageķ͸ǒƓconduitprincipal includestheinstallationofanew projectalso d'eauexistantparunnouveautuyaudeHDPEĠ ConstructionUpdate/Nouvelleshebdomadaires5April22,2016/le22avril2016 transmissionmainonPipelineRoadWest.ƌ͸źƓƷĽƩźĻǒƩduconduitprincipald'eauexistant.Lesfosses ķγğĭĭļƭserontĻǣĭğǝĽĻƭpourpermettrel'insertion WorkactivitiesonthisworkComponentwillinvolve d'unenouvelletuyauterieĠƌγźƓƷĽƩźĻǒƩduprincipal treeclearingintheBirchwoodPlaceareatofacilitate conduitexistantdansleszoneslocales.Ceprojet theconstructionofaccessroadwaysinorderto comprendaussil'installationd'unenouvelleconduite maintaintherehabilitatedtransmissionmain.Tree principaledetransmissionaucheminPipelineOuest. clearingisanticipatedtobecompletedbyApril29, 2016.LesğĭƷźǝźƷĽƭdetravaillesurcecomponentimpliquent ķĽĬƚźƭĻƒĻƓƷdanslazonedeBirchwoodplacepour Notrafficdisruptionexpected. faciliterlaconstructionderoutesķγğĭĭļƭafinde maintenirle conduite ķ͸ĻğǒprincipaleƩĽŷğĬźƌźƷĽ͵Le ķĽĬƚźƭĻƒĻƓƷdevraitľƷƩĻĭƚƒƦƌĽƷĽle29Avril2016. InterruptiondutraficƓ͸ĻƭƷpasƦƩĽǝǒĻ͵ /hb/L\[ w9thw M&C No. 2016-118 Report Date April 25, 2016 Meeting Date May 02, 2016 Service Area Transportation and Environment Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT: 2016 Asphalt Pavements Work OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Rod Mahaney Michael Hugenholtz / Jeff Trail Brian Keenan RECOMMENDATION It is recommended that this report be received and filed. EXECUTIVE SUMMARY Asphalt maintenance, surface repairs and new road construction are primary concerns of citizens and a priority of Common Council. This report updates Council on asphalt pavements work and associated funding allocated for Saint John roadways in 2016. PREVIOUS RESOLUTION December 17, 2015; 2016 General Fund Capital and Operating Budgets Approved. November 9, 2015; 2016 Water & Sewerage Utility Fund Operating Budget Approved. STRATEGIC ALIGNMENT T Priority for Sustainable Infrastructure. - 2 - REPORT The following funding allocations have been provided for maintenance and resurfacing of asphalt pavements under the General Fund Capital and Operating budgets, and under the Water and Sewerage Operating budget for utility cut reinstatements: Asphalt Material (General Fund) $ 750,000 Asphalt Resurfacing (General Fund) $ 265,000 Asphalt Resurfacing (Capital Fund) $2,250,000 Utility Cut Reinstatements (W&S Fund) $ 850,000 Saint John Water has a requirement for the reinstatement of over 60 utility cuts resulting from water and/or sewer repairs undertaken during the past winter season with an overall average of 300 utility cuts requiring reinstatement each year. This is a planned expenditure with the funding for utility cut reinstatements included above. In 2016 the utility cut reinstatements will be carried out by Transportation & Environment Services crews on behalf of SJ Water. In addition, substantial internal resources (personnel and equipment) are programmed in the General Fund for the in-house asphalt maintenance and repairs. Longer-term preventative maintenance is multi-faceted and includes resurfacing, crack sealing, and some local area patching; all with the goal of extending service life of roadways. Resurfacing using contractor resources is planned for 29 street sections (40.17 lane kilometres) as shown in Appendix A. Notable in relation to this work are the adjustment of over 405 roadway structures (e.g. catch basins, manholes) in conjunction with the actual asphalt resurfacing. Funding in the order of $780,168 has been provided for replacement of existing curb and sidewalk in conjunction with the Asphalt Resurfacing Program. Existing curb and sidewalk will be replaced on sections of Anglin Drive, Crown Hill Crescent, Elgin Road, Mollins Drive, Morris Street and Westview Drive among others. Hot mix asphalt material is generally not available until late April each year. There are currently 97 Lane Kilometers of streets in the Reconstruction Category that can benefit from the Asphalt Overlay Program. General maintenance and repair work by City forces is planned for 22 street sections (11.67 lane kilometres) as shown in Appendix B, including Expansion Avenue, Martha Avenue, Pitt Street and Sandy Point Road among others. Any requirement for emergency or higher priority asphalt maintenance could result in some of these street sections not being completed as planned. -3- Under the General Fund Capital Program, the following streets will be given new asphalt surfaces through reconstruction in 2016: Princess Street (Charlotte Street to Sydney Street) Exmouth Street (Richmond Street to Brunswick Drive) Golding Street (Waterloo Street to Bayard Drive) Paddock Street (Coburg Street to Civic # 39) Newman Street (Albert Street to Holly Street) Skyline Drive (Harmony to Westmorland Road) Harmony Drive (Golden Grove Road to Skyline Drive) Pavement Condition Index (PCI) The City utilizes MicroPAVER measure that requires a visual inspection process to evaluate and rate pavement condition. The PCI is a numerical index between 0 and 100. The resulting composite PCI summarizes the structural integrity and surface condition of each street section and predicts future maintenance and rehabilitation needs. Deterioration Curve Asphalt Pavements The PCI in 2014 for City of Saint John streets was 75 and improved to 78 in 2015. Based on funding allocated for 2016, the PCI is projected to be maintained at about 78. SERVICE AND FINANCIAL OUTCOMES Asphalt pavements, and concrete curb and sidewalks are essential infrastructure which directly impacts the quality of life in our community. Roadway infrastructure is important to the economic health of the community and citizens - 4 - expect these assets to be maintained to an acceptable standard. Proper and timely maintenance of all roadway assets will ensure public safety, extend service life of the asset, and achieve best value for the investment. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS APPENDIX - APPENDIX Sidewalk Curb 0.622.640.34YesYes1.620.252.780.57YesYes Lane Kms t e t t t t t Victoria StreeSandy Point Road1.91YesYesDead End0.68YesCushing StreeSand Cove Road0.93Crown StreeCrown Hill Crescen Limits tt t t FromTo t t t APPENDIX A - 2016 ASPHALT RESURFACING PROGRAM Main StreeAnglin DriveAnglin Drive0.16YesYesKennebecasis DriveKennebecasis Drive1.49YesYesSand Cove RoadLewin Avenue0.19Somerset StreetHilyard StreeBeaverbrook AvenueBeaverbrook Avenue0.98Bleury StreeSomerset StreetAnglin Drive0.91Charlotte Stree t t t t e t t w t Street Adelaide StreeAnglin CrescenAnglin DriveThornbrough StreeCrown Hill CrescenCushing StreeElgin RoadGlengarry DriveGlengarry Drive0.74YesYesFoster Thurston DriveFieldstone DriveAshburn Road7.00Gault RoadManawagonish RoadCivic # 4743.51Gorman AvenueWellesley AvenueBeaverbrook Avenue0.35Green Head RoadCivic # 420Civic # 4800.00YesHarmony DriveGolden Grove RoadSkyline Drive0.66YesYesHigh Ridge RoadCrown Hill CrescenLoch Lomond RoadChurchland Road Eldersley AvenuMaple Grove TerraceHigh Ridge RoadDead End0.23YesMollins DriveDexter DriveManchester Avenue1.92YesMorri s StreetProspect Street WestMcKiel StreeMount Pleasant AvenueEnd of Crown Street OverpassRocky Terrace1.42Paradise RoPidgeon TerraceAnglin DriveDead End0.15YesYesPugsley AvenuSand Cove RoadYoung StreeSkyline DriveHarmony DriveWestmorland Road0.49YesYesSherbrooke StreeSpruce Grove TerraceHigh Ridge RoadDead End0.26YesSt. Martins Road (PDH)Loch Lomond RoadCity Limits5.07Thornbrough StreeUnion StreeValentine BoulevardGault RoadDantes Drive1.15Westminster CourtDaniel AvenueEnd1.16Westview DriveCrown Hill Crescen APPENDIXBOVERLAYPROGRAM StreetFromToLanekm 1 CLYDESTREET 2 MOUNTAINVIEWDRIVE 3 TOPEKASTREET 4 EXPANSIONAVENUE 5 MARTHAAVENUE 6a MOUNTLOYALROADWAY 6b CAROWAYLANE 7 PITTSTREET 8 BRINLEYSTREET 9 SANDYPOINTROAD 10 SPROULCOURT 11 BRUNSWICKPLACE 12 YOUNGSTREET 13 MAINSTREETWEST 14 VALLEYVIEWCRESCENT 15A EDGEHILLROW 15B LORNEAVENUE 16 FORESTHILLDRIVE 17 ISLANDVIEWDRIVE 18 LEWELYNAVENUE 19 STEVENSROAD 20 VICTORIAROAD /hb/L\[ w9thw M&C No. 2016-124 Report Date April 26, 2016 Meeting Date May 02, 2016 Service Area Transportation and Environment Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT: ViaBike Bike Sharing System License OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Michael Hugenholtz Michael Hugenholtz Jeff Trail RECOMMENDATION It is recommended that Council accept the proposed licence agreement to permit the operation of a bike sharing system in the City of Saint John, and that the Mayor and Common Clerk be authorized to sign the necessary contract documents. EXECUTIVE SUMMARY Council has previously heard a presentation from ViaBike Saint John (formerly GoBike) regarding their plans for a bike sharing system to operate from various locations throughout the City. Their revised concept would see a distributed model of stations throughout the city that leverages existing bike racks with enabling technology. This bike sharing system can be used by residents and visitors alike to travel between the Uptown area as well as various other centres such as UNB and attractions such as Rockwood Park. A proposed license agreement is attached to permit this operation. PREVIOUS RESOLUTION In the March 16, 2015 session of Committee of the Whole staff were authorized to negotiate suitable terms of a license agreement with ViaBike Saint John. - 2 - STRATEGIC ALIGNMENT N/A REPORT Many larger communities throughout the world have invested in some type of shared bike system to promote intra-city travel and the benefits of active transportation. These systems have been frequently supported in part by the taxpayer. In these difficult financial conditions this is not an option in Saint John. ViaBike has learned from the experience in other municipalities and has developed a bike sharing system suitable for Saint John. This system is designed to keep costs low by leveraging existing infrastructure (i.e. bike racks), and using multiple locations to maximize convenience and flexibility. They also intend to use ebikes, or electrical-assist bikes due to the prevalence of hills in the community. SERVICE AND FINANCIAL OUTCOMES This system will be 100% funded from customers and does not require any ongoing support from the City of Saint John. See attached ViaBike business plan for full details. The proposed license agreement is for a five-year term, with an option to extend another five years. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Staff from the Risk Management and Growth and Community Development were consulted during the preparation of this report and other stakeholders such as Uptown Saint John. ATTACHMENTS Proposed License Agreement ViaBike Business Plan ¬¼´µ¼¾¸ THE SAINT JOHN BIKE SHARE PROGRAM ¼´µ¼¾¸ BUSINESS PLAN & Fun, i & Easy It helps to reduce stress, turnover & absenteeism And you We guarantee you will love it!! 181 Charlotte Street, Apt. #320, E2L0C7, Saint John, New Brunswick Mobile phone: (506) 897 2688; email: haile.vnb@gmail.com Њ ¬¼´µ¼¾¸ Executive Summary The concept of a shared bike solution, for intra-city and trail use, is well proven. The concept was formulated in Europe and exported all over the World (http://en.wikipedia.org/wiki/Bicycle_sharing_system). In Canada the system was started in Quebec (https://capital.bixi.com ), and although the parent company is no longer operating, most of the spin-off companies around the world are still successfully operating (e.g. http://www.thehubway.com/home ). The majority of systems are supported through the public purse, however, for smaller cities with tight budgets, this is not an option. For Saint John and other New Brunswick or Atlantic Canadian cities, we have taken the successful models, trimmed them down and introduced some new technology. Atlantic Canada also has its own unique set of limitations steep hills, small cities, short seasons, cool marine climates and perhaps the most important the lack of a bicycling mentality. To counter these limitations, we have taken two actions: Firstly, we intend to use to a much wider audience. Secondly, designated parking areas and facilities, but enhancing them to work with our rental system. In this way we can have multiple, small stations and easily determine the correct balance between the placement of the bike stations around our cities and keep the overall capital cost (and hence cost of rental) low. We believe that this project will offer a wonderful transportation and relaxation option to both visitors (from cruise ships and the like), and to the general population. As we build the system, it could be viewed as an addition to the transit systems, as a commuting alternative, as a means of expanding tourism and finally as a means of promoting a healthy life style. To keep costs as low as possible for the users (and to make them available to as many people as possible), it is the intention to encourage local company participation in the form of both advertising and sponsorship. A membership or subscription service will be available in a similar manner to the larger systems in operation today. Furthermore, we will encourage the local community to be as involved as possible, by organizing focused rides and fund-raising activities, designed around specific local groups such as the YMCA, Big Brothers/Big Sisters etc.. 181 Charlotte Street, Apt. #320, E2L0C7, Saint John, New Brunswick Mobile phone: (506) 897 2688; email: haile.vnb@gmail.com Ћ ¬¼´µ¼¾¸ 1. Objectives: To build up an automated bicycle renting service system, for public use in Saint John, using where possible, standard bike and bikelocking stations at targeted locations around the City, and then using web-based software, to interface with bicycle users. Furthermore, we will promote a healthy and green life style. 2. The system and how it works: Starting small, the system will utilize around 15 bike stations, 40 peddle bikes and 60 e-bikes. The e-Bikes, eight-geared aluminum frames and thick 700 sized tires. The bikes are designed for riding on most surfaces, including smooth, paved surfaces such as roads, streets, and paths, but they can also handle the gravel path surfaces of typical Trail Networks. just as a standard bike would be, but have a battery pack and electric drive hub, capable of assisting the cyclist up hills and over longer commuting distances, offering up to 2 hours of electrical assistance. This means that the bikes can be used for touring on trails as well as commuting in downtown or residential areas. Each bike is equipped with a bluetooth tracker, a locking device and a communications pack, synced with either the users smart phone, or the tablet and Wi-Fi at the station. This releases the lock and registers the user with our server. Also a helmet is attached to each bike for the user. 181 Charlotte Street, Apt. #320, E2L0C7, Saint John, New Brunswick Mobile phone: (506) 897 2688; email: haile.vnb@gmail.com Ќ ¬¼´µ¼¾¸ Virtual Bike stations: The bike station design features a simple vertical post ¬¼´¼¾¸ ©Ç´Ç¼ÂÁ and a rack with between 2 and 10 slots. Each station will essentially be a temporary structure, able to be removed quickly and simply and occupy approximately 5 square meters. They will be independent of power and use modern batteries (which we will change and charge regularly, off-site) for charging the bikes and for communications. Safety is paramount and helmets (with hygiene tissues) will always be available at bike stations, or regular users can bring their own. The interface screen at the bike station has been designed to optimize user experience and is the alternative to activation on your smart phone. There are no cards, simply a unique username and password. The web-based control software, allows the user to log in and take one or more bikes from the station at the agreed hourly rate. Advertising: There will be opportunities for advertising at the stations on the tablets and on the website, and passive printing on the bike wheel side mud- guards. Membership: There will be several levels of membership. 1. A Visitor Membership a visitor, or individual, wishing to take a single trip, can join (at the bike rack or by smart phone App.) charged rental, at $5 per hour for the peddle bike, or $10 per hour for the e- bike. 2. An Individual Annual Membership - an annual (or monthly) fee of $100/annum, or $250/annum for an eBike, which entitles the member to use a bike for up to 35 hours per month free of charge. Extra hours are charged at $1 per hour. 181 Charlotte Street, Apt. #320, E2L0C7, Saint John, New Brunswick Mobile phone: (506) 897 2688; email: haile.vnb@gmail.com Ѝ ¬¼´µ¼¾¸ 3. A Family Annual Membership - an annual fee of $180/annum, or $450/annum for eBikes, which allows the member to use two bikes for up to 35 hours each per month free of charge. Extra hours are charged at $1 per hour per bike. 4. A Corporate Membership - cmultiple memberships for able to offer the bike service, to those who would not normally be able to afford it. This could fit in with Transit companies, who are limited in where they can drop off passengers. It could enable their passengers to get on a bike to complete their journey quicker or by bike instead of by car. 5. Dedicated Bike Rental Membership Where a user wishes to keep the bike at home and have it available at all times, we will provide the e-bike, a communications pack and lock, and maintain it on a regular basis. Cost for this is $650 per annum. The one-time-use visitor would receive a user name and password, but the authorization would be terminated at the end of use period. Monthly billing and weekly social emailing will ensure a timely and friendly communication between the Bike Company and the users, offering special promotions throughout the season and friendly competitions as well as keeping members appraised of special events being run in the City. 3. Support from City and Commerce: In order to move this project forward we have secured interest from the City to provide at a low rental several sites for the stations, as well, we have secured a few sites on private property. The City is in the process of drawing up paperwork for 10 year leases for the sites. We are also presently investigating the following: Warehouse space for a bike workshop, storage and a small office. Membership promotion assistance in City publications. Publicity and support from local Tourism groups. 181 Charlotte Street, Apt. #320, E2L0C7, Saint John, New Brunswick Mobile phone: (506) 897 2688; email: haile.vnb@gmail.com Ў ¬¼´µ¼¾¸ Additional interest and assistance would be welcome from other groups such as: Destination Saint John Social Innovation Uptown Saint John Saint John Transit Community Loan Funds Comex 4. Sponsorship and advertising -unity. This would include commercial as well as social foundations. This can be done through sponsorship. memberships. Each membership entitles the owner to 35 hours free ridership per month. These memberships can be used by the individual, be given to clients as incentives in the case of corporates, or be donated to a charity (for example). Levels of Sponsorship Annual Annual Number of payment payment Rate Quantity memberships (peddle (e-Bikes) annually bikes) 1 Platinum 1 250 $25,000 $62,500 2 Gold 2 75 $7,500 $18,750 3 Silver 4 25 $2,500 $6,250 4 Bronze 10 10 $1,000 $2,500 ViaBike 5 15 $1,000 Station 181 Charlotte Street, Apt. #320, E2L0C7, Saint John, New Brunswick Mobile phone: (506) 897 2688; email: haile.vnb@gmail.com Џ ¬¼´µ¼¾¸ Each level of sponsorship will offer, over and above the memberships, advertising opportunities at the stations, bikes and website. Details can be provided. 5. Potential cooperation in other cities: Viabike can easily be replicated in other cities in New Brunswick (and elsewhere), even where a bicycling infrastructure has already been established. One of the ways this can be achieved is through selecting, helping and supporting a local investor(s) to develop, build up and operate the bikes system, based on the same system we are doing in Saint John. Similar equipment can be provided, but more critically, the web-based software which controls and monitors the whole system, would be shared. A reasonable technology fee would be charged, based - 6. Financials The financial statements, including balance sheet, income statement and cashflow statement, are attached to this business plan 7. Conclusion: Viabike is similar to BiXi in large cities like Montreal, Ottawa, Toronto and New York, but is built around a much smaller scale investment and run by the private sector. The model, takes the lessons learnt from these larger examples, and tailors it to our smaller Atlantic Canadian cities. Since NB does not have a strong bicycling culture here, we will start small and grow the opportunity through experience and education. The estimated total investment is between $150,000 and $200,000 based on the number of Bike stations and bikes. As the system demonstrates its own success, we can expand the area and number of stations. 181 Charlotte Street, Apt. #320, E2L0C7, Saint John, New Brunswick Mobile phone: (506) 897 2688; email: haile.vnb@gmail.com А /hb/L\[ w9thw M&C No. 2016-114 Report Date April 25, 2016 Meeting Date May 02, 2016 Service Area Transportation and Environment Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT: Golf Course Parking Lot Paving Contribution Request OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Tim Michael Hugenholtz Jeff Trail RECOMMENDATION It is recommended that the City, at the request of the Lessee, amend Article 2.3 of the Lease dated March 5, 2015 between the City as Lessor and Golf Rockwood Inc. as Lessee to relieve the Lessee of the payment of Additional Rent in an amount equal to 50% of the cost incurred by the Lessee up to the sum of $50,000.00 to carry out the work required to pave and line the parking lot at Rockwood Park Golf Course to accommodate 150 vehicles and that such work be completed to the satisfaction of the Chief City Engineer by November 30, 2016 and further that the Mayor and Common Clerk execute all required documentation. EXECUTIVE SUMMARY The purpose of this report is to present to Common Council a request from Golf Rockwood Inc., the current operators of the Rockwood Park Golf Course, for the City parking lot. Information used by City staff in forming its recommendation to Common Council in reply to this request is presented. STRATEGIC ALIGNMENT This report aligns with to maintain a healthy financial position and Community of Choice by investing in key community recreation facilities such as the Rockwood Park Golf Course. REPORT - 2 - Golf Rockwood Inc. became the operator of the Rockwood Park golf course in 2015 following a proposal call by the City and a subsequent lease agreement. Golf Rockwood improved the golf course itself, the building and parking lot in 2015 beyond the minimum Capital investment requirements of the lease agreement for that year. They were required to invest $125,000 and they actually invested approximately $276,000 with additional and separate investment in the new restaurant. Parking capacity at the golf course has been an ongoing issue for years. The inadequate capacity has been an inconvenience for patrons and creates a safety issue on Sandy Point Road when cars park along this street. Golf Rockwood Inc. expanded the parking lot capacity in 2015. Painting parking lines on a paved surface is one way to maximize parking capacity. Use of traffic control persons in the current partially gravel lot during busy days is another way to improve the parking efficiency but comes with an ongoing operational cost. Golf Rockwood Inc. has requested the City of Saint John share in the cost of the paving and line painting project. Their letter of request is attached complete with three quotes for the work. The project is expected to cost approximately $100,000. There is no contractual obligation on the City to contribute to this paving and line painting project. Since the City shares in the incremental gross revenues of the golf course, success of operation is a win-win for both parties. Contributing to an enhancement such as improved parking facilities can be seen as a true financial investment for the City for years to come. The associated parking efficiency of the painted lines would further reduce the demand for parking along the adjacent busy and winding stretch of Sandy Point Road. The City receives both a consistent annual Base Rent from Golf Rockwood Inc. as well as an Additional Rent beginning in year 2 of the Lease (2016). The Additional Rent is based on Gross Revenues of the golf course operations and therefore is variable. City staff is recommending the Additional Rent be waived for a period of time to assist Golf Rockwood offsetting approximately 50% of the cost of the paving and line painting job. Based on revenue projections, it is expected to take approximately two years to reach $50,000 in waived Additional Rent. Golf Rockwood would then begin to pay the City the Additional Rent. The City will continue to receive the Base Rent over the next two years and beyond as a consistent revenue stream. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Th Financial Statement and has concluded there were no concerns with their - 3 - ATTACHMENTS Request letter from Golf Rockwood Inc. - 4 - - 5 - /hb/L\[ w9thw M&C No. M&C 2016-115 Report Date April 26, 2016 Meeting Date May 02, 2016 Service Area Transportation and Environment Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT: Mispec Beach Damage Update OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Michael Hugenholtz Jeff Trail RECOMMENDATION It is recommended Common Council endorse the closure of Mispec Park until further notice. EXECUTIVE SUMMARY Beach had occurred including to the wooden stairs and slope between the parking lot and the beach. Higher than usual tides coupled with a storm surge occurred earlier in the month and staff assume some or most of the damage occurred during these events. In 2013 the slope between the beach and parking lot were repaired and reinforced following previous damage at a cost of approximately $257,000. The Provincial Distaster Assistance Program provided the funds for the 2013 work. Canaport LNG had the stairs rebuilt at their cost. The Province has advised the most recent damage is not eligible for a claim under this program. Staff conducted site visits during the week of April 18 to assess the recent damage and conclude the damage is significant. City staff are seeking direction from Common Council to close the park until further notice as the costs of repairs and further reinforcement could be significant and offer no guarantee of success. STRATEGIC ALIGNMENT investing wisely to maintain a healthy financial position. Although Mispec Park is not considered a Regional or District Park in PlaySJ and is outside City boundaries, it is recognized in the strategic plan as a popular destination by City residents and is on City owned property. - 2 - REPORT In the winter/spring of 2010/2011 the slope between the beach and parking lot at Mispec Park suffered significant erosion as a result of a storm event. Repairs to the slope and construction of a reinforcing structure to mitigate further erosion occurred in 2013 at a cost of approximately $257,000. The Provincial Distaster Assistance Program provided the funds for the 2013 work. Canaport LNG had the wooden stairs on the slope rebuilt at their cost. The reinforcing structure installed in 2013 included a gabion system of rock inside structural woven wire mesh as the sandy slope is suseptable to erosion. Gabion baskets 0.5 metres deep were installed at the top and bottom of the slope to help prevent lateral movement. A further gabion matting was placed on the surface of the slope between the baskets to help protect the slope from further erosion. the the slope and stairs sustained further damage. Higher than usual tides coupled with a storm surge occurred earlier in the month and staff assume some or most of the damage occurred during these events. City staff followed up the week of April 18 with site visits to assess the damage including with the engineering consultant that designed the 2013 structure. The bottom half of the wooden stairs to the beach are significantly damaged. A concrete structure at the base of the stairs that includes the last few steps and a support structure for the wooden stairs shifted down the slope. Timber cribbing that supported the wooden stairs at its mid-point along the slope are now exposed and lack its original structural integrity. The gabion baskets at the bottom of the slope at the beach failed along some of its length. Pre-existing timber cribbing and large rectangular granite blocks that the gabions along the bottom of the slope were built upon also failed. At several locations the slope under the gabion mat are now lower suggesting the sand slope is still eroding. At either end of the engineered structure the existing sand slope shows significant further erosion. A path at the eastern end of the beach that was just beyond the limits of the engineered structure has been washed away. City staff do not recommend public access to the beach at present. There is now no safe access to the beach with the path and stairs compromised. Some of the rocks from the gabion structure, the granite blocks and the timber with exposed spikes are now on the previously usable sand of the beach. The structural woven wire mesh of the gabion system is now sharp in several locations. Staff have blocked the previous location of the path with wooden barricades as there was evidence of people still accessing the beach from that location. The stairs were previously boarded up from the top. - 3 - City staff have not yet researched in depth the long term options available to Common Council if it did wish to invest in re-opening the beach. Options could range anywhere from just making the beach safe and accessible to replacing the engineered structure with a more robust structure. No reasonable option will guarantee this land will not continue to erode meaning continued significant re- investment is probable over time. All options will require significant funds not budgeted for in 2016. There is no source of external funding identified at present and the Province confirmed the Distaster Assistance Program used for the 2013 repairs is not available in this case. Staff is recommending Common Council endorse the closure of Mispec Park until further notice. Consideration should be given during the discussions for the 2017 Budget to allow for sufficient funds to undertake an analysis of the longer term options for making this site suitable for public use again. SERVICE AND FINANCIAL OUTCOMES The public would lose access to Mispec Park should Common Council endorse No funds or resources are currently identified for remedial action. ATTACHMENTS Pictures of damage to Mispec Beach taken the week of April 18, 2016 - 4 - - 5 - - 6 - COUNCIL REPORT 2016-130 M&C No. April 26, 2016 Report Date May 02, 2016 Meeting Date Finance and Administrative Services Service Area His Worship Mayor Mel Norton and Members of Common Council SUBJECT: Recommendation to award Mobile Cellular Voice and Data Services OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Brian Woods Kevin Fudge Jeff Trail RECOMMENDATION That: Request for Proposal #RFP15-093 Wireless Voice and Data Services, be awarded to Rogers Communications Inc., for a four (4) year period, with an option to extend the agreement for up to one (1) additional two (2) year period, for an overall maximum contract term of six (6) years. That the Mayor and Common Clerk be authorized to execute the necessary documents. EXECUTIVE SUMMARY In order to enable a well-run municipality the City requires a cellular communications partner who can provide backbone communication infrastructure. The citizens of City of Saint John expect fast efficient service which today is enabled by a mobile staff and cellular voice and data communications. In 2009 and 2012 the City following a RFP processes, awarded Rogers Communications Inc. an agreement to supply wireless communications to st the City, and this contract expired 31 December, 2015. In November 2015 the City undertook a joint RFP process with the City of Moncton as both cities The intention of the joint RFP was to leverage higher volumes in order to garner preferential pricing. The RFP process resulted in two qualified responses from Rogers Communications Inc. and Bell Mobility that was jointly evaluated by staff from the City of Saint John and the City of Moncton. The evaluation team scored both - 2 - responses well, with Rogers Communications Inc. receiving the highest evaluation score; in addition to the lowest overall cost. The awarding the RFP to Rogers Communications Inc. will result in substantial operational savings of approximately $80,000 a year, in additional to enhanced service. PREVIOUS RESOLUTION No previous resolution for this process STRATEGIC ALIGNMENT Connectivity and connected staff is integral to efficient and responsive City operations, and a high performing public service. This agreement project will directly enable operations and awareness for services, thereby resulting in improved information flow and enhanced decision making. BACKGROUND INFORMATION Since 2000 cellular digital communication has exploded along with a reciprocal reduction of the cost of cellular communications. In addition the capacity and capabilities of cellular wireless communication today are higher and better that terrestrial services 10 years ago. As a result businesses leverage the cellular communications to connect with customers and clients, and consumers access almost everything on-line via a mobile device. As a designated Intelligent Community, the City of Saint John leverages cellular communications to deliver fast effective services to citizens. Police officers in the field, in a Police cruiser, can connect securely to databases, complete reports, and remain apprised of all activity within the City. City staff from the Water Utility can view the health of the water supply and waste water treatment systems from anywhere in the City. Managers and Councillors are connected and can respond to requests while travelling, outside office hours, and during meetings. The cities of Moncton, Saint John and Fredericton have committed to engage in a number of joint procurement initiatives as a means of optimizing the value achieved through the purchase of common goods and services, reducing decreasing its current and future operational funding deficits. As such, the cities of Saint John and Moncton identified a common need to secure a new agreement for the provision of wireless voice and data services, as - 3 - nearing their expiration date. At the time of the RFP having been issued to the open marketplace, the City of Saint John had approximately 600 wireless devices in use, while the City of Moncton had approximately 400 wireless devices in use. The City of Fredericton completed an RFP process to select a wireless voice and data services carrier in 2013 / 2014, and is now mid-way through its contract agreement with their current wireless service provider, the City of Fredericton may choose to piggyback on the contract period remaining for this Request for Proposal, which will allow all three (3) cities to achieve a common agreement expiry date for the provision of wireless voice and data services through the award of this RFP, or may instead choose to extend the contract period with their existing wireless service provider. Through this Request for Proposal process, the cities of Saint John and Moncton sought proposals from qualified vendors for an array of wireless mobile voice and data services and devices, as both cities recognize the strategic importance of utilizing information and communications technology, mobility, and the seeking a mobility partner that shares this vision, and has the capability and objectives. More specifically, the objectives of Request for Proposal #RFP15-093 were identified as follows: The supply of 4G LTE / HSPA+ mobile wireless voice and data services, with City-wide and in-building coverage, as well as supply and support of mobile devices, including Push-To-Talk (PTT) capable devices. An efficient and cost effective contract, providing simple, inclusive pricing and usage plans. An example of this would be voice and data plans with built-in long distance and roaming that simplifies both user experience and program administration. A solution that leverages customer Mobile Device Management platforms and programs, such as the Apple Device Enrollment Program (DEP) to reduce provisioning overhead with processes such as zero-touch configuration, and user self-enrollment A Vendor service level agreement (SLA) covering mobility services and device support, and service with clearly defined requirements and terms for non-performance. To fully understand our options in respect to acquisition of mobile devices, the Cities also requested that Proponents to provide pricing for both the outright - 4 - purchase of user devices and a subsidized purchase included as part of each Recognizing that mobile network and device technology is continually evolving, and wanting to ensure that we enable productivity and service gains through up-to-date devices, the City required that mobile devices subsidized through any contract resulting from this RFP be provisioned in a way that fulfills commitment obligations every two (2) years, making them eligible for upgrade without penalty. Process and Evaluation Request for Proposal #RFP15-093 was released to the marketplace in mid- November 2015, and closed in early January 2016, with a total of two (2) Proposal responses received, from Rogers Communications, and Bell Mobility. The two (2) Proposal submissions were subjected to a four (4) stage evaluation process, as follows: Stage I Mandatory Requirements and Rectification Stage I consisted of a review to determine which Proposals comply with all of the mandatory requirements. Proposals failing to satisfy the mandatory requirements as of the Submission Deadline were provided an opportunity to rectify any deficiencies within three (3) business days. Stage II Evaluation of Rated Criteria and Pricing Stage II consisted of a scoring process carried out by the City of each qualified Proposal on the basis of the rated criteria and the pricing as described in Section 23.4 of the RFP (refer to Weighted Evaluation Criteria detailed below). Stage III Concurrent Negotiations and BAFO Once the Proposals were evaluated, up to three (3) highest ranked Proponents would be invited to enter into concurrent negotiations. During the concurrent negotiations, the City could provide each Proponent with additional information, and seek further information and Proposal improvements from each Proponent. Upon expiration of the concurrent negotiation period, each qualified Proponent was invited to the City. Each BAFO was evaluated against the same criteria set out in Section 23.4 of the RFP (see below). Stage IV Final Ranking and Selection The highest ranked Proponent, based on the evaluation of the BAFOs in Stage III, would be selected to enter into a final round of negotiations to finalize the agreement in accordance with the Terms and Conditions set out in the RFP. - 5 - The weighted evaluation criteria established for this Request for Proposal was as follows: CRITERIA WEIGHTING TECHNICAL EVALUATION CRITERIA: Wireless Network and Coverage 15% Voice and Data Plans 15% Hardware 10% Ordering and Fulfillment 10% Service and Support 15% Added Value 5% FINANCIAL EVALUATION CRITERIA: Pricing 30% TOTAL: 100% Only those Proponents achieving a minimum technical score of 45% out of a possible 70% received further consideration. -inclusive four (4) year Total Cost of Ownership (TCO), which included monthly costs over a forty-eight (48) month term, based on the device types identified by the cities of Saint John and Moncton as their preferred selections (which was determined prior to usage for data, voice, texting, long-distance calls, etc. Proponents were also required to disclose the fees for any other chargeable services which were not already identified within the RFP requirements, and provide two (2) pricing models for hardware, one showing a full purchase of devices by the City at the start of the contract, and a second showing a subsidized purchase of devices with fulfilled commitment periods of two (2) years, and refresh of user handheld devices at the two (2) year point of the contract. Based on the calculations carried out by both the City of Saint John and the City of Moncton ƭǒĬƭźķźǩĻķ two (2) years was the best value and lowest cost option for both cities; ƭǒĬƭźķźǩĻķ purchase of devices was used to determine the pricing score which was oponent. Rogers had the highest overall score. The proposed term of this agreement is for a four (4) year period, with an option to extend the agreement for up to one (1) additional two (2) year period, for an overall maximum contract term of six (6) years. An annual review and - 6 - realignment of rates and service offerings will be required as part of this agreement. SERVICE AND FINANCIAL OUTCOMES approximately $269,400 +H.S.T. This operating budgets. Through the award of this RFP, the City is projected to achieve a cost savings of approximately $86,220 per year a 32% saving, which will also include a significantly larger wireless data pool than is currently available through our existing wireless services agreement, as well as improved long distance rates, and texting rates. The new, larger wireless data pool will serve the growing consumption of wireless data now, and for many years to come. The monthly and annual cost analysis is as follows: RFP Costs Current Device Type Expense Rogers Cell Phones $2,310 $1,575 Smart Phones $13,640 $9,130 Data Devices $6,500 $4,560 Total Monthly Cost $22,450 $15,265 Total Yearly Cost $269,400 $183,180 There are additional dollar savings to be expected through the award of the RFP, an offered service. This capability along with dedicated PTT devices will facilitate communications between the front line staff, supervisors and managers in the non-public safety service areas such as Transportation and Environments services and the Water Utility. It will remove the reliance and cost of trunk radio for these services while enabling unified communications. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Materials Management Department where involved with the joint RFP process and support the recommendation. The City of Saint John Police Force were invited to participate in the evaluation process and support the recommendation. ATTACHMENTS NONE /hb/L\[ w9thw M&C No. 2016-127 Report Date April 26, 2016 Meeting Date May 02, 2016 Service Area Growth and Community Development Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT: First quarter Building Permit Activity OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Amy Poffenroth Jacqueline Hamilton Jeff Trail RECOMMENDATION Your City Manager recommends that this report be received and filed. EXECUTIVE SUMMARY Building permit activity in the first quarter of 2016 is 76 percent higher than the same period last year. Large projects started and anticipated to start in 2016 indicate that the upward trend will continue throughout 2016. Uptake on the Urban Development Incentives program is also positive, with four large projects in the final stages of approval. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT . REPORT In the first quarter of 2016, permit activity has been strong, particularly as compared with 2015. While the number of permits is in line with the last three years, the value of construction projects is 76 percent higher when compared to the first quarter of 2015, with 2016 construction values at just under $10 million. This increase is attributed to an earlier spring and large-scale projects, such as the new uptown Liquor store and a major Historica development, which are both located in the primary development area/intensification area. - 2 - While this positive trend is only based on the first three months of 2016, it is anticipated this trend will continue in 2016. Staff are hopeful that this trend is a sign of positive things to come for Saint John a currently working with developers on a wide variety of projects, which have the potential of generating significant growth in the community if they are successfully pursued. Staff is also pleased to report on the positive uptake of the Urban Development Incentives program, including four major restoration projects in the final stages of executing the development agreement. These projects alone are valued at $9.7 million, which is more than three times the average value of residential construction in the uptown area in a typical year. While these projects further contribute to positive building permit activity, more importantly, they contribute to an increase in tax base growth for 2017 and beyond. As part of the many improvements associated with the One-Stop Development Shop, which is formally being launched on May 2, 2016, staff intend to report periodically to Common Council in the future on development statistics and trends. SERVICE AND FINANCIAL OUTCOMES Increased permit activity is an indication of future growth in the tax base in the City. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A /hb/L\[ w9thw M&C No. M&C 2016-134 Report Date April 28, 2016 Meeting Date May 02, 2016 Service Area Transportation and Environment Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT: 2016 Spring Street Sweeping Program OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Katherine Shannon Michael Hugenholtz Jeff Trail RECOMMENDATION It is recommended that: 1) Common Council approve the extension for year two (2) of the Standing offer Agreement for the provision of spring street sweeping services for the 2016 season to AVL Construction Group at a price of $148,990.00 plus HST; and 2) That staff be authorized to extend for the second and final extension year the services for the 2017 season at the sole discretion of the City of Saint John, upon mutual agreement with AVL Construction Group. EXECUTIVE SUMMARY In October 2014, a Street Sweeping Operational and Financial Analysis was completed to determine the most feasible and sustainable option to complete sweepers had come to the end of their useful life and required replacement at an estimated $200,000. This type of sweeper is not ideal from a functional or practical standpoint considering the large amount of resources that are required to operate them. The Analysis determined that contracting this Street Sweeping Program was the most feasible and sustainable option at this time. Funding was approved by Common Council within the 2016 General Fund Operating Budget. Common Council approved the contracting of the service to AVL Construction - 2 - seeking to utilize this Contractor for the 2016 season and potentially the 2017 season (as permitted by the original RFP). PREVIOUS RESOLUTION th On April 13, 2015, Common Council adopted the following resolution: It is recommended that Common Council award the proposal for the provision of spring street sweeping services to AVL Construction Group at a price of $148,990.00 plus HST. This resolution was for the 2015 spring street sweeping season only. STRATEGIC ALIGNMENT for sustainable infrastructure. SERVICE AND FINANCIAL OUTCOMES If awarded as recommended, the total cost to the City for the 2016 season will be $148,990.00 + HST. This amount is included in the 2016 General Fund Operating Budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The above process is in accordance with the RFP terms and conditions and the recommendation being put forth. ATTACHMENTS None April 29, 2016 To: Saint John City Council RE: Motion to Request Scheduling of Presentation by the Human Development Council and/or LivingSJ. Background The City of Saint John recently participated in the national Cities Reducing Poverty Conference in Edmonton, Alberta. Saint John is considered a national leader in applying innovative thinking to the challenge of reducing poverty. In fact, LivingSJ was fea stories for reducing poverty. LivingSJ applies the concept of collective impact working together with all stakeholders to reduce poverty. Saint John is a national leader in engaging and mobilizing the business community to work with non-profit and community organizations to reduce poverty. Significant progress has been made but more progress is needed. Cities can play a major role in reducing poverty by investing in recreation, supporting community organizations and partnering to whenever possible. Continued innovation is always needed and, in part, innovation can be driven by learning about approaches taken by other communities on topics such as: support of good jobs and living wage; strengthening neighbourhoods; accessible transportation; affordable community services; engagement with public health agencies Motion That the Common Clerk schedule a time for a presentation from the Human Development Council and/or LivingSJ to update Council on opportunities to further innovate and support poverty reduction in Saint John. Respectfully, Mayor Mel Norton {L0216478.1} Meeting Date May 02, 2016 Deputy Mayor Rinehart and Councillors, {ǒĬƆĻĭƷʹ ЍЎЉ Cğƌƌƭ źĻǞ 5ƩźǝĻ wĻƨǒĻƭƷ ŅƚƩ ƦƩƚƦƚƭğƌƭ RESOLVED That as recommended by the Committee of the Whole, having met on May 2, 2016, Common Council: 1) Approve the cancelation of the procurement process for RFP # 2016-092201P for the lease of land and building at 450 Falls View Drive due to no proposals having met the stated requirements; and 2) Direct City staff to meet with interested parties and report back with recommendations pertaining to the future tenancy for the land and building at 450 Falls View Drive. Sincerely, Mel Norton Mayor Meeting Date May 02, 2016 Deputy Mayor Rinehart and Councillors, Subject: Clarification of the Provisions Governing the Procedures and Operation of the Saint John Substandard Properties Appeal Committee and Appointment of Chairperson and Vice-Chairperson RESOLVED That as recommended by the Committee of the Whole, having met on May 2, 2016, Common Council adopt the following resolution: (1) Common Council approve the attached Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee; (2) Appoint Cheryl Johnson as the Chairperson of the Saint John Substandard Properties Appeal Committee; (3) Appoint Brian Maude as Vice-Chairperson of the Saint John Substandard Properties Appeal Committee. Sincerely, Mel Norton Mayor Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee Current to: Friday, July 24, 2015 - 2 - Recitals 1. WHEREAS, subsection 190.01(3) of the Municipalities Act provides that an officer appointed by Common Council may notify the owner or occupier of a premises, building or structure when such premises is in an unsightly condition because of specified items being upon it, and when the building or structure presents a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength; and 2. WHEREAS, a Notice may also be sent by an officer appointed by Common Council with respect to a dwelling or dwelling unit which is being leased to another person and does not comply with the minimum property standards set out in the Saint John Minimum Property Standards By-Law or in the Residential Properties Maintenance and Occupancy Code Approval Regulation Municipalities Act or in both. The appointed officer may, in his Notice, require that the unsightly and/or hazardous condition be remedied, or may require that the dwelling or dwelling units be brought into compliance with minimum property standards; and 3. WHEREAS, subsection 190.021(1) of the Municipalities Act provides that an owner or occupier of a premises, building or structure who has been given a Notice and who is not satisfied with the terms or conditions set out therein may appeal to the appropriate committee of council by filing a Notice of Appeal by registered mail to the clerk of the municipality within fourteen (14) days after having been given the Notice. The Saint John Minimum Property Standards By- law also provides a similar right of appeal from a Notice issued under said By- law. NOW THEREFORE BE IT RESOLVED that the Saint John Substandard Properties Appeal Committee is hereby created. AND FURTHER BE IT RESOLVED that the provisions herein shall apply to the order and dispatch of business of the Saint John Substandard Properties Appeal Committee. - 3 - A. Definitions 1. Wherever a word is used in these Provisions with its first letter capitalized, the term is being used as it is defined in this Section A. Where any word appears in ordinary case, its regularly applied meaning in the English language is intended. Appeal Committeeies Appeal Committee. Architectchitect registered in the Province of New Brunswick. Business Dayhan a Saturday, Sunday or statutory holiday in the Province of New Brunswick. Business HoursBusiness Day. ChairpersonChairperson of the Appeal Committee. Common Clerk Clerk of the City of Saint John or the Assistant Common Clerk. Common Councilelected municipal council of the City of Saint John. Engineermeans a professional engineer or a consulting engineering firm who is currently licensed to practice within the Province of New Brunswick to carry out engineering services. Inspection Officer the Saint John Minimum Property Standards By-law and designated by resolution of Common Council Noticea Notice to Comply prescribed by New Brunswick Regulation 2007-22 under the Municipalities Act, issued under subsection 190.01(3) of the Municipalities Act or under Section 23 of the Saint John Minimum Property Standards By-law. Official Languagestwo official languages of New Brunswick within the meaning of the Official Languages Act, S.N.B. 2002, c. O-0.5, and amendments thereto. Standards OfficerStandards Officer appointed under the Saint John Minimum Property Standards By-law and also a by- - 4 - law enforcement officer appointed pursuant to Section 14 of the Police Act and designated by resolution of Common Council. PropertyNotice of Appeal has been sent to and received by the Common Clerk pursuant to the Municipalities Act. Vice-Chairpersons a Vice-Chairperson of the Appeal Committee. B. Interpretation 1. Headings: The captions, article and section names and numbers appearing in these Provisions are for convenience of reference only and have no effect on its interpretation. 2. Gender, Number: These Provisions are to be read with all changes of gender or number required by the context. 3. Legislation References: Each reference to legislation in these Provisions is printed in Italic font. Where the name of the statute does not include a year, the reference is to the Revised Statutes of New Brunswick, 1973 edition. Where the name of the statute does include a year, the reference is to the Statutes of New Brunswick for that year. In every case, the reference is intended to include all applicable amendments to the legislation, including successor legislation and regulations. Where these Provisions reference other by-laws of the City of Saint John, the term is intended to include all applicable amendments to that by-law, including successor by-laws. 4. Severability: If any section, clause or provision of these Provisions, is for any reason declared by a court or tribunal of competent jurisdiction to be invalid, the ruling shall not affect the validity of the Provisions as a whole, nor any other part of it. C. Composition of the Saint John Substandard Properties Appeal Committee and Vacancies 1. There shall be an Appeal Committee composed of three members being one Chairperson and two Vice-Chairpersons. 2. All Appeal Committee members shall be: (a). members in good standing of the Law Society of New Brunswick; - 5 - (b). have been in active legal practice for at least five years; and 3. At least one Appeal Committee member shall be fluent in both Official Languages. 4. Common Council shall appoint all members who serve on the Appeal Committee. 5. Should a member of the Appeal Committee die, resign, become ineligible to be a member or be removed from office, Common Council shall, as soon as reasonably possible, appoint another person to replace such member, and such newly appointed member shall hold office for the remainder of the term of the member he replaces. D. Terms of Office 1. Common Council shall determine the length of time that a member will be appointed to the Appeal Committee. 2. The Chairperson shall be appointed by Common Council for a term determined by Common Council, or until he ceases to be a member of the Appeal Committee, whichever comes first. 3. Vice-Chairpersons shall be appointed by Common Council for a term determined by Common Council, or until he ceases to be a member of the Appeal Committee, whichever comes first. 4. Should a hearing of appeal be scheduled for multiple days or should an appeal regarding the same or common premises, structure, or building be heard in succession, Common Council can extend a term of a member of the Appeal Committee who has heard some or all of the appeal or appeals until all hearings have been completed and decisions rendered. This will occur on a case by case basis. E. Duties of Chairperson/Vice-Chairperson 1. The Chairperson shall determine the time, date and place of hearings of the Appeal Committee. 2. A Vice-Chairperson is authorized to act as Chairperson in the event of the Chairpersonabsence or his inability to act, or in the case of a vacancy in the chairmanship and, when so authorized, the Vice-Chairperson shall have all the powers and duties of the Chairperson. - 6 - 3. All references in the Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee referring to Chairperson shall include Vice-Chairperson when a Vice-Chairperson is authorized to act as the Chairperson. F. Revocation of Appointment 1. Any appointment to the Appeal Committee may be revoked by Common Council at any time. 2. A member may resign at any time by submitting his resignation in writing to Common Council. 3. In the event that the membership of the Appeal Committee is increased, Common Council shall appoint such additional member(s) and amend the Provisions Governing the Procedure and Operation of the Appeal Committee accordingly. 4. In the event that the membership of the Appeal Committee is decreased, Common Council shall remove the necessary number of member(s) and amend the Provisions Governing the Procedure and Operation of the Appeal Committee accordingly. G. Rules of Procedure 1. When he receives a Notice of Appeal that has been issued in accordance with subsection 190.021(1) of the Municipalities Act, the Common Clerk shall: (a). Obtain from the Growth and Community Development Services Department a copy of the Notice to which the Notice of Appeal relates; (b). Promptly notify the Chairperson of the Appeal Committee; (c). Enface the original copy of the Notice of Appeal and all documents submitted by the Appellant with the date upon which it was received; (d). Assign and enface the Notice of Appeal and all documents submitted by the Appellant with a file number; (e). Retain and file the original Notice of Appeal and all documents submitted by the Appellant; (f). Forward a copy of the Notice of Appeal and all documents submitted by the Appellant, including the Notice, to the Chairperson of the Appeal Committee; - 7 - (g). Forward a copy of the Notice of Appeal and all documents submitted by the Appellant to a Standards Officer; and (h). Attempt to ascertain the AppellantOfficial Language of choice. 2. The Appeal Committee shall hold a hearing during normal Business Hours within sixty calendar days after being advised by the Common Clerk that a Notice of Appeal has been sent to, and received by the Common Clerk, in accordance with subsection 190.021(1) of the Municipalities Act, with respect to: (a). Premises which are allegedly unsightly; (b). Buildings or structures which are allegedly a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength; or (c). Buildings that allegedly do not meet the minimum property standards set out in the Saint John Minimum Property Standards By-law or Residential Properties Maintenance and Occupancy Code Approval Regulation Municipalities Act or in both of them. 3. The Common Clerk shall, at least ten calendar days before a scheduled hearing: (a). Advise a Standards Officer of the date, time and place of the hearing and (b). Notify the Appellant of the date, time and place of the hearing by causing the original or copy thereof of the Notice of Hearing to be given: (i) if the Appellant is an individual, by personal service on the individual or by posting the Notice of Hearing in a conspicuous place on the premises, building or structure; (ii) if the Appellant is a corporation, by personal service on an officer, director or agent of the corporation or on a manager or person who appears to be in control of any office or other place of business where the corporation carries on business in New Brunswick or by posting the Notice of Hearing in a conspicuous place on the premises, building or structure; or - 8 - (iii) if the Appellant is represented by counsel and his counsel is authorized to accept service, by service on his counsel. 4. Prior to hearing the submissions of the parties, the Chairperson shall ask the Appellant: (a). To review the Notice received from the Common Clerk; and (b). Confirm that the Notice received from the Common Clerk is the Notice that the Appellant is appealing. 5. The following order shall be followed by the Appeal Committee when hearing any representations and evidence: (a). Firstly, hear the representations and evidence presented by the Appellant in support of his Notice of Appeal; (b). Secondly, hear the representations and evidence from a Standards Officer and/or Inspection Officer in support of the Notice; and (c). Offer the Appellant a chance to rebut the representations of and evidence from the Standards Officer and/or the Inspection Officer. 6. Should the Appellant wish to abandon his appeal, he shall file with the Common Clerk a Notice of Abandonment or provide written confirmation to the Common Clerk stating that he abandons his appeal. 7. A Notice of Appeal is deemed to have been abandoned when the Appellant or his counsel does not appear at the time, place and date set out in the Notice of Hearing. H. Duties and Powers 1. The hearing of an appeal shall be heard by one member of the Appeal Committee, selected by the Chairperson, who shall have all the powers and duties of the Chairperson in regards to said appeal. 2. A quorum of the Appeal Committee shall consist of one member. 3. The Appeal Committee shall, when making its decision in an appeal involving an allegedly dangerous building or structure, give due consideration to the following: (a). Section 190.07 of the Municipalities Act, which provides that a report from an Architect, an Engineer, a Building Inspector or the Fire Marshall stating that a building or structure is dilapidated or - 9 - structurally unsound is proof in the absence of evidence to the contrary that a building or structure is dilapidated or structurally unsound; (b). Other representations and evidence presented in support of the Notice that is being appealed; and (c). Other representations and evidence presented by the Appellant or his counsel. 4. The Appeal Committee shall, when making its decision in an appeal involving allegedly unsightly premises, give due consideration to the following: (a). Whether the items involved are enumerated in subsection 190.01(1) of the Municipalities Act; (b). The location from which the items involved are clearly visible; (c). The location and use of the Property; (d). Any representations and evidence presented in support of the Notice that is being appealed; and (e). Any representations and evidence presented by the Appellant or his counsel. 5. The Appeal Committee shall, when making its decision in an appeal involving a building or structure which allegedly does not meet the minimum property standards, give due consideration to the following: (a). The provisions of the Saint John Minimum Property Standards By- law and the Residential Properties Maintenance and Occupancy Code Approval Regulation Municipalities Act; (b). Any representations and evidence presented in support of the Notice that is being appealed; and (c). Any representations and evidence presented by the Appellant or his counsel. 6. If the Appellant abandons his appeal or if neither the Appellant nor his counsel appears at the date, time and place fixed for hearing of the appeal or at a rescheduled date, the Appeal Committee shall: (a). Upon proof of service of the Notice of Hearing on the Appellant or his counsel, or upon proof that the Notice of Hearing was posted in - 10 - a conspicuous place on the premises, building or structure in relation to the proceedings, carry out the following: (i). Return the Notice of Appeal and all documents submitted by the Appellant to the address shown on the Notice of Appeal; and (ii). Notify the Appellant in writing at the address shown on his Notice of Appeal of the decision of the Appeal Committee. I. Hearings to be Public 1. All hearings before the Appeal Committee shall be open to the public. J. Language of Proceedings 1. Prior to the commencement of an appeal hearing, the Chairperson shall confirm the AppellantOfficial Language for the hearing. 2. Appellant Official Language chosen by the Appellant. It does not have to be the Appellant dominant language. 3. Where the Appellant does not indicate to the Chairperson his language of choice, the Appellant shall be deemed to have chosen the Official Language chosen by the Chairperson and the Chairperson shall ask if the Appellant objects to the hearing being conducted in that language. 4. Simultaneous interpretation shall be made available in circumstances where the language of the Appellant differs from the Official Language with which the members of the Appeal Committee are familiar. K. Right to Counsel 1. A person who brings an appeal shall be heard by the Appeal Committee and may be represented by counsel. L. Records of the Proceedings 1. The Appeal Committee shall keep records of its proceedings and shall use audio recording technology to record its appeal hearings. 2. The audio recording of a hearing may be destroyed one (1) calendar year after the hearing of the appeal if the Appellant has not exercised his right under the - 11 - Municipalities Act to appeal the Appeal M. Decisions 1. The Appeal Committee shall provide a copy of its decision to the Appellant within fourteen (14) days after making its decision. The decision may confirm, modify or rescind the Notice or extend the time for complying with the Notice. 2. The Adated and such date shall be the date of the decision. 3. All decisions of the Appeal Committee shall be written by the Appeal Committee member who acted as the Chairperson. N. Conflict of Interest 1. Any member must excuse himself from participating in a hearing in circumstances where he has a conflict of interest. O. Remuneration and Expenses 1. Members of the Appeal Committee will be remunerated as follows: (a). $600.00 per day of hearing. 2. Members of the Appeal Committee will be reimbursed for necessary expenses, reasonably and actually incurred by virtue of their participation in an Appeal Committee hearing. P. Funding 1. The City of Saint John shall provide funding for the Appeal activities through its normal budgeting procedure. 2. The City of Saint John shall provide the following to the Appeal Committee: (a). A venue where the hearings shall take place; (b). Audio recording equipment which is sufficient to record the hearing; (c). Secretarial services, as required; (d). Official stationery, as required; and - 12 - (e). Such other incidental services or resources that are necessary for the proper functioning of the Appeal Committee. Q. Office of the Appeal Committee 1. The address of the Appeal Committee shall be as follows: Saint John Substandard Properties Appeal Committee c/o The City of Saint John Common Clerk th 8 Floor, City Hall Building P. O. Box 1971 Saint John, New Brunswick E2L 4L1 R. Matters Not Provided For 1. Any matter of procedure or practice not expressly provided for in the Provisions Governing the Procedure and Operation of the Appeal Committee shall be left to the members of the Appeal Committee to decide. - 13 - Règlement intérieur du Comité des appels sur les résidences non conformes aux normes de Saint John En date du : vendredi 24 juillet 2015 - 14 - ATTENDU : 4. que le paragraphe 190.01(3) de la Loi sur les municipalités fonctionnaire nommé par le CONSEIL COMMUNAL peut aviser le propriétaire ou raison de la présence de certaines choses ou qui présentent un danger pour la sécurité du public du fait de leur délabrement ou de leur manque de solidité; 5. CONSEIL COMMUNAL peut aussi envoyer un AVIS relativement à une habitation ou à un logement qui est loué à une autre Arrêté sur les normes minimales régissant les résidences ou le Règlement portant Loi sur les municipalités. Le fonctionnaire nommé peut exiger dans son AVIS remédié aux problèmes de la situation inesthétique ou dangereuse ou que résidences; 6. que le paragraphe 190.021(1) de la Loi sur les municipalités prévoit que le construction à qui un AVIS énoncées peut interjeter appel devant le comité du conseil approprié en envoyant ité dans les AVIS Arrêté sur les normes minimales régissant les résidences AVIS À CES CAUSES : Est créé le Comité des appels sur les résidences non conformes aux normes de Saint John. Le présent règlement intérieur régit le déroulement des travaux du Comité des appels sur les résidences non conformes aux normes de Saint John. - 15 - A. Définitions 1. Les mots écrits en petites capitales dans le présent document sont employés au sens des définitions qui suivent, sinon les mots ont le sens ordinaire en français. « AGENT DES INSPECTIONS vertu de gissant les résidences et désigné par résolution du CONSEIL COMMUNAL. « AGENT DES NORMES Arrêté sur les normes minimales régissant les résidences 14 de la Loi sur la police, désigné par résolution du CONSEIL COMMUNAL. « ARCHITECTE » Architecte professionnel autorisé à exercer au Nouveau- Brunswick. « AVIS » Avis de conformité prescrit par le Règlement sur les formules du registre de bien-fonds Loi sur les municipalités pris en vertu de la Loi sur les municipalités et donné en vertu du paragraphe 190.01(3) de la Loi sur les municipalités Arrêté sur les normes minimales régissant les résidences. « COMITÉ DAPPEL » Le Comité des appels sur les résidences non conformes aux normes de Saint John. « CONSEIL COMMUNAL » Le conseil élu de la municipalité. « GREFFIER COMMUNAL » Le greffier communal ou le greffier communal adjoint de la municipalité. « HEURES DOUVERTURE » Entre 8 h 30 et 16 h JOUR OUVRABLE. « INGÉNIEUR » Ingénieur ou cabinet de conseil en ingénierie qui est -Brunswick. « JOUR OUVRABLE » Toute journée autre que le samedi, le dimanche ou un jour férié au Nouveau-Brunswick. « LANGUES OFFICIELLES » Les deux langues officielles du Nouveau- Brunswick au sens de la Loi sur les langues officielles, L.N.-B. 2002, ch. O-0.5, ensemble ses modifications. « PRÉSIDENT » Le président du COMITÉ DAPPEL. - 16 - « RÉSIDENCE communiqué au GREFFIER COMMUNAL conformément à la Loi sur les municipalités. « VICE-PRÉSIDENT » Un vice-président du COMITÉ DAPPEL. B. Interprétation 5. Intertitres : Les en-têtes, les intertitres et la numérotation du présent document 6. Genre et nombre unité morales. 7. Sources législatives : Toute source législative apparaît en italique dans le présent la série des Lois révisées du Nouveau- les modifications apportées à la loi, y compris les lois de remplacement, ainsi que municipalité, la source vise également leurs modifications, y compris les arrêtés de remplacement. 8. Divisibilité : Le fait pour un tribunal judiciaire ou administratif compétent de aucune incidence sur la validité de tout ou partie du document. C. Composition du Comité des appels sur les résidences non conformes aux normes de Saint John et remplacements 1. Le COMITÉ DAPPEL est composé de trois membres, savoir le PRÉSIDENT et deux VICE-PRÉSIDENTS. 2. Tous les membres du COMITÉ DAPPEL doivent posséder les qualifications suivantes : a) être membre en règle du Barreau du Nouveau-Brunswick; b) avoir exercé activement le droit pendant au moins cinq ans. 3. En outre, au moins un membre du COMITÉ DAPPEL doit maîtriser les deux LANGUES OFFICIELLES. - 17 - 4. Le CONSEIL COMMUNAL nomme tous les membres qui siègent au COMITÉ DAPPEL. 5. Le CONSEIL COMMUNAL procède diligemment au remplacement, pour le reste de son mandat, de tout membre du COMITÉ DAPPEL plus les qualifications requises ou est destitué. D. Durée des mandats 1. Le CONSEIL COMMUNAL fixe la durée du mandat de chaque membre du COMITÉ DAPPEL. 2. Le PRÉSIDENT CONSEIL COMMUNALCOMITÉ DAPPEL. 3. Les VICE-PRÉSIDENTS dem CONSEIL COMMUNAL, COMITÉ DAPPEL. 4. appels concernant des lieux, une construction ou un bâtiment identiques ou communs doivent être entendus successivement, le CONSEIL COMMUNAL peut, en COMITÉ DAPPEL a fin des audiences et du prononcé des décisions. E. Fonctions du président et du vice-président 1. Le PRÉSIDENT fixe les date, heure et lieu des audiences du COMITÉ DAPPEL. 2. PRÉSIDENT ou de vacance à la présidence, un VICE-PRÉSIDENT peut assumer la présidence et exercer toutes les attributions de la charge. 3. Toute référence au PRÉSIDENT VICE-PRÉSIDENT autorisé à assumer la présidence. F. Révocations 1. Toute nomination au COMITÉ DAPPEL est révocable au gré du CONSEIL COMMUNAL. 2. Un membre peut démissionner en présentant sa démission par écrit au CONSEIL COMMUNAL. 3. COMITÉ DAPPEL, le CONSEIL COMMUNAL nomme les membres additionnels et modifie le présent document en conséquence. - 18 - 4. COMITÉ DAPPEL, le CONSEIL COMMUNAL supprime les postes en trop et modifie le présent document en conséquence. G. Règles de procédure 1. S Loi sur les municipalités, le GREFFIER COMMUNAL : a) obtient du Service de la croissance et du développement AVIS b) en avise aussitôt le PRÉSIDENT du COMITÉ DAPPEL; c) d) les docum e) f) AVIS, au PRÉSIDENT du COMITÉ DAPPEL; g) AGENT DES NORMES; h) LANGUE OFFICIELLE de prédilection de 2. Mis au courant par le GREFFIER COMMUNAL d conformément au paragraphe 190.021(1) de la Loi sur les municipalités, le COMITÉ DAPPEL tient dans les soixante jours civils qui suivent, pendant les HEURES DOUVERTURE normales, une audience au sujet, selon le cas : a) des lieux qui seraient inesthétiques; b) des bâtiments ou des constructions qui seraient dangereux pour la sécurité du public du fait de leur délabrement ou de leur manque de solidité; - 19 - c) des bâtiments qui ne répondraient pas aux normes minimales Arrêté sur les normes minimales régissant les résidences ou le Règlement portant approbation du code Loi sur les municipalités. 3. GREFFIER COMMUNAL : a) informe un AGENT DES NORMES des date, heure et lieu de b) façon suivante : (i) signification en main propre ou par son affichage en un endroit bien visible des lieux, du bâtiment ou de la construction, (ii) signification en main propre à un de ses dirigeants, administrateurs ou représentants ou à un gestionnaire ou quelque autre établissement de la personne morale au Nouveau-Brunswick ou par son affichage en un endroit bien visible des lieux, du bâtiment ou de la construction, (iii) autorisé à accepter la signification, par signification à 4. PRÉSIDENT : a) AVIS reçu du GREFFIER COMMUNAL; b) de confirmer que cet AVIS AVIS dont il interjette appel. 5. COMITÉ DAPPEL se déroule dans : a) premièrement, il entend les observations et la preuve présentées b) AGENT DES NORMES AGENT DES INSPECTIONS AVIS; - 20 - c) AGENT DES NORMES AGENT DES INSPECTIONS. 6. GREFFIER COMMUNAL 7. ocat ne se H. Exercice des attributions 1. Chaque appel est entendu par un membre du COMITÉ DAPPEL que choisit le PRÉSIDENT et qui a tous les pouvoirs et toutes les fonctions du PRÉSIDENT 2. Le quorum du COMITÉ DAPPEL 3. construction qui serait dangereux, le COMITÉ DAPPEL doit tenir compte de ce qui suit : a) 190.07 de la Loi sur les municipalités ARCHITECTEINGÉNIEUR inspecteur des constructions ou du prévôt des incendies établissant solidité fait f délabrement ou du manque de solidité de ce bâtiment ou de cette construction; b) AVIS c) toute autre observation ou preuve présentée avocat. 4. à des lieux qui seraient inesthétiques, le COMITÉ DAPPEL doit tenir compte de ce qui suit : a) le fait que les choses en question sont énumérées ou non au paragraphe 190.01(1) de la Loi sur les municipalités; b) c) RÉSIDENCE; - 21 - d) AVIS objet de e) toute 5. à un bâtiment ou à une construction qui ne répondrait pas aux normes minimales régissant les résidences, le COMITÉ DAPPEL doit tenir compte de ce qui suit : a) Arrêté sur les normes minimales régissant les résidences et du Règlement portant approbation du code Loi sur les municipalités; b) toute observation ou preuve prés AVIS objet de c) 6. remplacement, le COMITÉ DAPPEL : a) un endroit bien visible des lieux, du bâtiment ou de la construction visés : (i) (ii) COMITÉ DAPPEL. I. Publicité des audiences 1. Toutes les audiences du COMITÉ DAPPEL sont ouvertes au public. J. Langue des procédures 1. PRÉSIDENT vérifie quelle est la LANGUE OFFICIELLE . 2. La « LANGUE OFFICIELLE - 22 - 3. PRÉSIDENT quelle est sa langue de prédilection est réputé avoir choisi la LANGUE OFFICIELLE choisie par le PRÉSIDENT, lequel langue. 4. de la LANGUE OFFICIELLE connue des membres du COMITÉ DAPPEL. K. 1. La personne qui interjette appel est entendue par le COMITÉ DAPPEL et peut être représentée par un avocat. L. Enregistrement des actes du comité 1. Le COMITÉ DAPPEL consigne ses actes dans des dossiers et fait des enregistrements sonores de ses audiences. 2. décision du COMITÉ DAPPEL devant la Cour du Banc de la Reine du Nouveau- Brunswick en vertu de la Loi sur les municipalités. M. Décisions 1. Le COMITÉ DAPPEL quatorze jours suivant la date à laquelle il a rendu sa décision. La décision peut AVIS 2. Les décisions du COMITÉ DAPPEL sont datées, la date étant celle de la décision. 3. Toutes les décisions du COMITÉ DAPPEL sont rédigées par le membre qui exerçait la présidence. N. 1. O. Rémunération et dépenses 1. Les membres du COMITÉ DAPPEL reçoivent la rémunération suivante : a) 600 . - 23 - 2. Les membres du COMITÉ DAPPEL sont indemnisés des dépenses nécessaires audience du COMITÉ DAPPEL. P. Financement 1. La municipalité finance les activités du COMITÉ DAPPEL dans le cadre de son processus budgétaire habituel. 2. La municipalité fournit ce qui suit au COMITÉ DAPPEL : a) b) c) les services de secrétariat, au besoin; d) le papier à lettres officiel, au besoin; e) les autres services ou ressources connexes qui sont nécessaires au bon fonctionnement du COMITÉ DAPPEL. Q. Siège du COMITÉ DAPPEL 1. COMITÉ DAPPEL est la suivante : Comité des appels sur les résidences non conformes aux normes de Saint John a/s The City of Saint John Greffier communal e 8 C.P. 1971 Saint John (Nouveau-Brunswick) E2L 4L1 R. Questions non prévues 1. Le COMITÉ DAPPEL est habilité à trancher toute question de procédure non réglée expressément dans le présent document. Meeting Date May 02, 2016 Deputy Mayor Rinehart and Councillors, {ǒĬƆĻĭƷʹ \[bD \[ĻŭźƭƌğƷźƚƓ ƩĻƦĻğƌ RESOLVED that as recommended by the Committee of the Whole, having met on May 2, 2016, Common Council adopt the following resolution: Whereas Common Council of the City of Saint John (the City) confirms that it believes that all industrial properties within the City boundary should be assessed and taxed fairly and equitably and upon the same basis; Whereas Common Council recognizes that the Province has indicated its willingness to repeal the Act to Comply with the Request of the City of Saint John on Taxation of the LNG Terminal but will not provide the customary assurances to guarantee the annual warrant and that the financial liability resulting from a potential successful appeal of the assessed value of the existing Canaport LNG Terminal property (LNG Terminal) rests with the City; Whereas without the customary Provincial assurances to guarantee the annual warrant, the City will incur losses in the unconditional grant formula based on incremental property tax revenue that the City will not be able to keep subsequent to a successful appeal that reduces the assessed value of the LNG Terminal; Whereas there is no mechanism for the City to recover the loss of unconditional grant which was based on increased property taxes that the City would not be able to keep subsequent to a successful appeal that reduces the assessed value of the LNG Terminal; Be it resolved that the City confirms its earlier request for the immediate repeal of the Act to Comply with the Request of the City of Saint John on Taxation of the LNG Terminal subject to the following conditions: 1) That the Province of New Brunswick develop and implement a mechanism that protects all stakeholders from the financial risk associated with the timing of the assessment appeal process, whereby in each year until and including 2031, the portion of the real property tax in excess of $500,000 levied upon the LNG Terminal be placed in an interest bearing trust account; 2) That each year until and including 2031 the annual calculation of the unconditional grant not include any change in property assessment of the LNG Terminal for that year, as a result of this repealed legislation until such time as acceptance of the assessed value of the LNG Terminal for that year (Final Assessed Value); 3) That any amounts owing to the property owner as a result of a reduction of the assessed valuation of the LNG Terminal and a subsequent reduction in the levy, shall be deducted from any amounts held in trust plus applicable interest and repaid directly from the Province to the property owner; 4) acceptance of the assessed value of the LNG Terminal for one or more years during the period until and including 2031, then the monies held in Trust by the Province shall be distributed for that year or years as follows: a. Funds are distributed to the City based upon a recalculation of the property tax revenue owing to the City from the final assessed value; b. Funds payable by the City are calculated in event the final assessed value provides for less property tax revenue than $500,000 per annum; c. The unconditional grant formula is recalculated to reflect the assessed value accepted by the City pursuant to #2 hereof; d. Funds are distributed from the Trust to all communities in New Brunswick upon determination of the final assessed value, and that the amount distributed to all communities be based upon an adjustment of the unconditional grant that would otherwise have been distributed had the assessed value been accurate and equal to the Final Assessed Value; And so often as the same shall happen until the City has confirmed its acceptance in writing to the Province of the assessed value of the LNG Terminal for each year until and including 2031. Sincerely, Mel Norton Mayor Meeting Date May 02, 2016 Deputy Mayor Rinehart and Councillors, {ǒĬƆĻĭƷʹ WĻƌƌǤĬĻğƓ .ǒźƌķźƓŭƭΏ {ğźƓƷ WƚŷƓ bƚƓ tƩƚŅźƷ IƚǒƭźƓŭ hƦƷźƚƓ RESOLVED that as recommended by the Committee of the Whole, having met on May 2, 2016, Common Council approve that the Option to Saint John Non Profit Housing Incorporated dated March 5, 2015 and amended by resolution adopted April 18, 2016 be further amended to allow Saint John Non Profit Housing Incorporated to exercise its right to acquire Parcels 37796 and 37788 without exercising its right to acquire Parcels 37333 and 37341 provided that the terms and conditions set out in the Option apply mutatis mutandis on each exercise of the Option. Sincerely, Mel Norton Mayor