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2016-07-11_Agenda Packet--Dossier de l'ordre du jour City of Saint John Common Council Meeting Monday, July 11, 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,e) 1.4 Employment Matter 10.2(4)(j) 1.5 Legal Matter 10.2(4)(f) 1.6 Financial Matter 10.2(4)(c) 1.7 Personal Matter 10.2(4)(b) 1.8 Personal Matter 10.2(4)(b) 1.9 Employment Matter 10.2(4)(j) 1.10 Financial Matter 10.2(4)(c) Ville de Saint John Séance du conseil communal Le lundi 11 juillet 2016 Comité plénier 1. Ouverture de la séance Si vous avez besoin 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 au paragraphe 10.2(4) 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 alinéas 10.2(4)c), e) 1.4 Question relative à l'emploi alinéa 10.2(4)j) 1.5 Question juridique alinéa 10.2(4)f) 1.6 Question financière alinéa 10.2(4)c) 1.7 Question relative au personnel alinéa 10.2(4)b) 1.8 Question relative au personnel alinéa 10.2(4)b) 1.9 Question relative à l'emploi alinéa 10.2(4)j) 1.10 Question financière alinéa 10.2(4)c) Séance ordinaire à 18 h 1. Ouverture de la réunion, suivie de la prière 2. Approbation du procès-verbal 2.1 Procès-verbal du 27 juin 2016 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'intérêts 5. Questions soumises à l'approbation du conseil 5.1 Demande de droit de cité déposée par le Corps de cadets de l'air 161 CK Beveridge (recommandation : transmettre au directeur général) 5.2 États financiers vérifiés de 2015 du régime de retraite à risque partagé de The City of Saint John (recommandation : accepter à titre informatif) 5.3 Silver Falls Community Association Inc. Lettre d'invitation envoyée au conseil (recommandation : accepter à titre informatif) 5.4 Lettre de M. Eatmon voulant qu'une rue soit appelée M. Eldridge Gus Eatmon (recommandation : accepter à titre informatif) 5.5 Lettre de résidents de l'allée New Albert Court au sujet de la propriété délabrée située aux 126-128, rue Watson (recommandation : transmettre au directeur général) 5.6 Fondation Jeux Canada Games Saint John Inc. États financiers vérifiés de 2015 (recommandation : accepter à titre informatif) 5.7 Séance informative publique Travaux de réfection du revêtement des rues Grannan et Canterbury (de la rue Grannan au numéro de voirie 52) (recommandation : accepter à titre informatif) 5.8 Programme de vaccination contre la rage de 2016 (recommandation : accepter à titre informatif) 5.9 Contrat-cadre de services Paymentus (recommandation figurant au rapport) 6. Commentaires présentés par les membres 7. Proclamation 8. Délégations et présentations 8.1 Présentation de Découvrez Saint John 8.1.1 Rapport écrit - Découvrez Saint John 9. Audiences publiques à 18 h 30 10. Étude des arrêtés municipaux 10.1 Troisième lecture de la modification de l'arrêté concernant les taxis Tarifs au compteur Annexe B 10.2 Troisième lecture de la modification de l'Arrêté relatif à la circulation Zones scolaires plus sécuritaires 10.3 Troisième lecture de l'arrêté modifiant l'Arrêté relatif à la construction, à la réparation et à la démolition de bâtiments dans The City of Saint John 10.4 Troisième lecture de l'arrêté modifiant l'Arrêté concernant le drainage dans la ville de Saint John 11. Interventions des membres du conseil 11.1 Passages à niveau (conseiller Merrithew) 12. Affaires municipales évoquées par les fonctionnaires municipaux 12.1 Demande de construction de deux habitations au 0, allée Free et au 50, promenade Columbus 12.2 Établissement de la date de l'audience publique relative au projet de modification de l'arrêté concernant les aires de conservation du patrimoine : Retrait de la propriété située au 100, rue Watson, portant le NID 00361535, de l'aire de conservation du patrimoine de la rue King Ouest. 12.3 Rapport annuel de 2015 relatif au réseau d'aqueduc de Saint John Water 13. Rapports déposés par les comités 14. Étude des sujets écartés des questions soumises à l'approbation du conseil 15. Correspondance générale 16. Ordre du jour supplémentaire 16.1 Nouvelle audience publique pour la mise à jour de ZoneSJ 16.2 Lettres d'offre du Fonds en fiducie pour l'environnement concernant l'évaluation des risques environnementaux Installation de traitement des eaux usées de Greenwood et Installation de traitement des eaux usées de Morna Heights (recommandation figurant au rapport) 17. Comité plénier 17.1 Nomination de l'ingénieur municipal en chef 17.2 Nomination de l'adjoint de direction au maire 18. Levée de la séance MINUTES REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN JUNE 27, 2016 AT 6:00 PM IN THE COUNCIL CHAMBER Present: Mayor Don Darling Deputy Mayor Shirley McAlary Councillor-at-Large Gary Sullivan Councillor Ward 1 Greg Norton Councillor Ward 1 Blake Armstrong Councillor Ward 2 John MacKenzie Councillor Ward 2 Sean Casey Councillor Ward 3 Gerry Lowe Councillor Ward 3 Donna Reardon Councillor Ward 4 David Merrithew Councillor Ward 4 Ray Strowbridge Also Present: City Manager J. Trail Deputy City Manager N. Jacobsen City Solicitor J. Nugent Commissioner of Finance K. Fudge Commissioner of Transportation and Environment M. Hugenholtz Commissioner of Growth and Community Development J. Hamilton Commissioner of Saint John Water B. McGovern Deputy Commissioner of Growth Community Development P. Ouellette Fire Chief K. Clifford Police Chief J. Bates Common Clerk J. Taylor Administrative Assistant K. Tibbits 1. Call to Order Mayor Darling called the meeting to order. 2. Approval of Minutes 2.1 Minutes of June 13, 2016 Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the minutes of the meeting of Common Council, held on June 13, 2016, be approved. MOTION CARRIED. Moved byDeputy Mayor McAlary, seconded by Councillor RESOLVED that the agenda of this meeting be approved with the addition of item 16.1 Contract No. 2016-07: Paddock Street (Coburg Street to Civic #39) Street Reconstruction. MOTION CARRIED. 4. Disclosures of Conflict of Interest Councillor Lowe declared a conflict of interest on item 8.3 Taxicab Advisory Committee Taxicab by-law update. 5. Consent Agenda 5.1 That Common Council approve the resolution in the report Saint John Parking Commission Appointment of Frank McNeil, Susan Trifts, Mark Frigault, Wendy Evans, Deryck Williams, Norman Majors, Bill Dunham, and James Steen, Canadian Corps of Commissionaires as By-Law Enforcement Officers: RESOLVED 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 members of the Canadian Corps of Commissionaires as By-Law Enforcement Officers 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: Frank McNeil, Susan Trifts, Mark Frigault, Wendy Evans, Deryck Williams, Norman Majors, Bill Dunham and James Steen. And further that this appointment shall continue until such time as the appointees cease to be members of the Canadian Corps of Commissionaires or until the appointments are rescinded by Common Council, whichever comes first. 5.2 That the letter from the PNB re: Federal Gas Tax Fund - 2016 Allocation be received for information. 5.3 That the SJ Canada Day Committee - Letter of Thanks be received for information. 5.4 That as recommended by the City Manager in the submitted report M&C 2016- 174: Proposed Temporary Placement of a Mini-Home 2517 Lorneville Road, Common Council, pursuant to Section 27 of the Mobile Home Parks By-law, permit a mobile/mini home to be situated on the properties located at 2571 Lorneville Road for a temporary period of one year. 5.5 That as recommended by the City Manager in the submitted report M&C 2016- 166: Tenders for Sodium Hypochlorite NaOCl - 2016-681002T & Chlorine Gas 2016- 681001T, the tenders for the establishment of supply agreements for chemicals used to treat the City's potable water supply be awarded to the lowest bidder, UBA Inc. for Sodium Hypochlorite and Brenntag Canada Inc. for Chlorine Gas. 5.6 That as recommended by the City Manager in the submitted report M&C 2016- 172: Proposed Public Hearing Date - 1435 Manawagonish Road and 80-120 McDonald Street, Common Council schedule the public hearings for the rezoning applications of Galbraith Construction Ltd., on behalf of Seacoast Motel Ltd. (1435 Manawagonish Road) and Crombie Developments Ltd. (80-120 McDonald Street) for Monday, August 8, 2016 at 6:30 p.m. in the Council Chamber, and refer the applications Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that the recommendation set out for each consent agenda item respectively with the exception of item 5.7 RFP No. 2016-092001P Employee and Family Assistance Program (EFAP), which has been identified for debate, be adopted. MOTION CARRIED. 6. Members Comments Council members commented on various community events. 7. Proclamation 8. Delegations/Presentations 8.1 Red Head Anthony's Cove Preservation Association Presentation - 6:00pm Ms. Lynaya Astephen reviewed the submitted presentation on behalf of Red Head Moved by Councillor Merrithew, seconded by Councillor Reardon: R be referred to the NEB Working Group and make known any results to Council. MOTION CARRIED. 8.2 Saint John Board of Police Commissioners Presentation - 6:30 p.m. 8.2.1 Saint John Board of Police Commissioners - Written Report Ms. Anne Marie Mullin, Chair of the Saint John Board of Police Commissioners, provided introductions and Ms. Nicole Paquet, Vice-Chair of the Saint John Board of Police Commissioners, reviewed the submitted report. Ms. Paquet and Chief Bates responded to questions from members of Council. 9. Public Hearings 6:30 PM 10. Consideration of By-laws 10.1 Third Reading Proposed Zoning ByLaw Amendment with Sec 39 Conditions - 107 & 123 Crawford Road Moved by Councillor Sullivan, seconded by Deputy Mayor McAlary: RESOLVED that the by--Law Number C.P. 111-26 A Law to Amend the Zoning Bylaw of The City of Saint John,SZ-1 to the list of other zones in Section 2.2, adding to Section 14.6, and rezoning a parcel of land with an area of approximately 3800 square metres, located at 107 & 123 Crawford Road, also identified as PID Numbers 00421768 and 00326454, from Rural Residential (RR) to Special Zone No. 1 (SZ-1), be read. MOTION CARRIED. The by--Law Number C.P. 111-26 A Law to Amend the Zoning Bylaw of was read in its entirety. evelopment and use of a parcel of land with an area of approximately 3800 square metres, located at 107 & 123 Crawford Road, also identified as PID Numbers 00421768 and 00326454, be subject to the following conditions: a. That the total number of recreational vehicles, excluding boats and boat trailers, parked on the parcel of land, be limited to two with a maximum of one recreational vehicle, excluding boats and boat trailers, parked on each of PIDs 00421768 and 00326454; st b. That the recreational vehicles be occupied on a seasonal basis only from May 1 st to October 31 of each year; c. That the occupation of the recreational vehicles as a year-round permanent dwelling be prohibited; d. That the recreational vehicles be connected to the existing well and on-site sewage disposal system serving the property; e. That the recreational vehicles be located no closer to the lake than the existing cottage located at 123 Crawford Road; and f. That the recreational vehicles be located a minimum of approximately 4.5 metres from the adjacent property lines with PIDs 00325779 and 00325381. MOTION CARRIED. Moved by Councillor Sullivan, seconded by Deputy Mayor McAlary: RESOLVED that the by--Law Number C.P. 111-26 A Law to Amend the Zoning Bylaw of The City of Saint John,-1 to the list of other zones in Section 2.2, adding to Section 14.6, and rezoning a parcel of land with an area of approximately 3800 square metres, located at 107 & 123 Crawford Road, also identified as PID Numbers 00421768 and 00326454, from Rural Residential (RR) to Special Zone No. 1 (SZ-1), 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. 111-26 A Law to . 10.2 Third Reading Proposed Zoning ByLaw Amendment with Sec 39 Conditions - 112- 122 Waterloo Street Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by-law entitled -Law Number C.P. 111-27 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 716 square metres, located at 112-122 Waterloo Street, also identified as PID Numbers 00013748, 00013722, 00013730, 00013714, 55039879 and 55039887 from Urban Centre Residential (RC) to Neighbourhood Community Facility (CFN), be read. MOTION CARRIED. The by--Law Number C.P. 111-27 A Law to Amend the Zoning By-Law of Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that, pursuant to the provisions of Section 39 of the Community Planning Act, a. The site shall not be developed except in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings and structures, parking spaces, accesses, exterior lighting, and all landscaped areas; and b. That the landscaping improvements illustrated on the submitted site plan be implemented no later than October 1, 2016. MOTION CARRIED. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by-law entitled -Law Number C.P. 111-27 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 716 square metres, located at 112-122 Waterloo Street, also identified as PID Numbers 00013748, 00013722, 00013730, 00013714, 55039879 and 55039887 from Urban Centre Residential (RC) to Neighbourhood Community Facility (CFN), 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. 111-27 A Law to Amend the Zoning By- 10.3 Third Reading Proposed Zoning ByLaw Amendment with Sec 39 Conditions - 182 Golden Grove Road Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by--Law Number C.P. 111-28 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 2453 square metres, located at 182 Golden Grove Road, also identified as PID Number 55101927 from Low-Rise Residential (RL) to Mid-Rise Residential (RM), be read. MOTION CARRIED. The by--Law Number C.P. 111-28 A Law to Amend the Zoning By-Law of Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed use of the parcel of land having an area of approximately 2453 square metres, located at 182 Golden Grove Road, also identified as PID Number 55101927, be subject to the following conditions: a. The site shall not be developed except in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings and structures, as well as the location of all parking spaces, accesses, and all landscaped areas; b. That the landscaping improvements illustrated on the submitted site plan be implemented no later than June 13, 2017; and, c. That the developer provide a Storm Drainage Submission, subject to the Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by--Law Number C.P. 111-28 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 2453 square metres, located at 182 Golden Grove Road, also identified as PID Number 55101927 from Low-Rise Residential (RL) to Mid-Rise Residential (RM), be read a first time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the by--Law Number C.P. 111-28 A Law to Amend the Zoning By- 12.4 2015 Safer School Zones Program Implementation Amendment to Traffic By- Law Consideration was given to a submitted report from the City Solicitor entitled 2015 Safer School Zones Program Implementation Amendment to Traffic By-Law. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by--Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor Vehicle Act, - Anytime, be read a first time. MOTION CARRIED. Read a first time by title, the by--Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by--Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and ame - Anytime, be read a second time. MOTION CARRIED. Read a second time by title, the by-mend a By-Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor 12.5 Establishment of a Supply Agreement for Desktop and Laptops Computers Moved by Councillor Reardon, seconded by Councillor Merrithew: RESOLVED that as recommended by the City Manager in the submitted report M&C 2016-175: Establishment of a Supply Agreement for Desktop and Laptops Computers, Supply Agreement with Brunnet for the provision of desktop computers, and notebooks computers for a period of 12 months. 12. Business Matters - Municipal Officers 12.6 By-Law No. M-32 a By-Law to Amend a By-Law Respecting Drainage in the City of Saint John; and By-law CP-102 A By-law to Amend a By-law Respecting Construction Repair and Demolition of Buildings in the City of Saint John Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that the by--Law CP 102-1 A Law to Amend a By-Law Respecting the Construction Repair and Demolition of Buildings in The City of Saint MOTION CARRIED. Read a first time by title, the by--Law CP 102-1 A Law to Amend a By- Law Respecting the Construction Repair and Demolition of Buildings in The City of Saint Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the by--Law CP 102-1 A Law to Amend a By-Law Respecting the Construction Repair and Demolition of Buildings in The City of Saint MOTION CARRIED. Read a second time by title, the by--Law CP 102-1 A Law to Amend a By- Law Respecting the Construction Repair and Demolition of Buildings in The City of Saint Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by--Law M-32-1 A Law to Amend a By-Law same word sh this By-amending the first time. MOTION CARRIED. Read a first time by title, the by--Law M-32-1 A Law to Amend a By-Law Moved by Councillor MacKenzie, seconded by Councillor Reardon: RESOLVED that the by--Law M-32-1 A Law to Amend a By-Law by adding immediately after the words this By-amending the wording surrounding second time. MOTION CARRIED. Read a second time by title, the by--Law M-32-1 A Law to Amend a By- (Councillor Lowe withdrew from the meeting) Mr. Ralph Holyoke, Ms. Amy Poffenroth, and Chief John Bates reviewed the submitted presentation and responded to questions from Council. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the rules regarding the finalization of matters for presentations be suspended. MOTION CARRIED. Moved by Councillor Strowbridge, seconded by Deputy Mayor McAlary: RESOLVED that the b-Law No. M-12 A Law to Amend a By-law respecting the Regulation and Licensing of Owners and Operators of Taxicabs in the City MOTION CARRIED. Read a first time by -Law No. M-12 A Law to Amend a By-law respecting the Regulation and Licensing of Owners and Operators of Taxicabs in the City Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the -Law No. M-12 A Law to Amend a By-law respecting the Regulation and Licensing of Owners and Operators of Taxicabs in the City MOTION CARRIED. Read a second tim-Law No. M-12 A Law to Amend a By- law respecting the Regulation and Licensing of Owners and Operators of Taxicabs in the (Councillor Lowe re-entered the meeting) 12.1 Safe Clean Drinking Water Project Local Content Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that Common Council receive for information report M&C 2016-167: Safe Clean Drinking Water Project Local Content. MOTION CARRIED. 12.2 Project Performance Update Safe, Clean Drinking Water Project Referring to the submitted presentation, Mr. D. Price, Municipal Engineer, provided an update on the Safe Clean Drinking Water Project. Moved by Councillor Sullivan, seconded by Deputy Mayor McAlary: RESOLVED that Common Council receive for information report M&C 2016-171 Project Performance Update Safe, Clean Drinking Water Project. MOTION CARRIED. 12.3 Safe Clean Drinking Water Project Advisor Services Safe Clean Drinking Water Project 1. Council authorize expanding the scope of PricewaterhouseCoopers LLP (PwC) and 2. Council authorize the payment of an amount not to exceed $63,000 plus disbursements and taxes per year for PricewaterhouseCoopers LLP (PwC) until final completion of construction of the P3 Project; 3. Council authorize the payment of an amount not to exceed $106,000 plus construction of the P3 Project; and 4. Council authorize the payment of an amount not to exceed $180,000 plus taxes per year for CBCL Limited until final completion of construction of the P3 Project. MOTION CARRIED. 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 14.1 RFP No. 2016-092001P Employee and Family Assistance Program (EFAP) Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that as recommended by the City Manager in the submitted report M&C 2016-173: RFP No. 2016-092001P - Employee and Family Assistance Program (EFAP): 1) the proposal for the establishment of a three-year contract for the provision of an Employee and Family Assistance Program (EFAP) as submitted by Manulife Financial at an estimated annual cost of $35,101.44/plus tax, be accepted; 2) two (2) additional one (1) year extensions, to be exercised upon mutual agreement between the City and Manulife Financial, be included; and 3) the Mayor and Common Clerk be authorized to execute the necessary contract documents. MOTION CARRIED. 15. General Correspondence 16. Supplemental Agenda 16.1 Contract No. 2016-07: Paddock Street (Coburg Street to Civic #39) Street Reconstruction Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that as recommended by the City Manager in the submitted report M&C 2016-179: Contract No. 2016-07: Paddock Street (Coburg Street to Civic #39) - Street Reconstruction, be awarded to the low Tenderer, Galbraith Construction Ltd., at the tendered price of $665,336.09 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 18. Adjournment Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that the meeting of Common Council held on June 27, 2016 be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 8:22 p.m. Mayor / maire Common Clerk / greffier communal July 5, 2016 His Worship Mayor Don Darling & Members of Common Council Your Worship and Members of Council: Official Opening of Silver Falls Community Association Basketball Court The Silver Falls Park is located off Mark Drive in the Silver Falls subdivision. In 2014, the residents of this community formed an Association to work toward rehabilitating an abandoned ball field in our area. Our goals were set and reached as follows: Phase I of our goals - With local partners, we raised enough money to place new picnic tables, garbage bins and benches and we have planted an array of trees and bushes. There is a properly graded lane into the park and we are seeing more usage by young parents and children in this space. Phase II of our goals included the installation of a basketball court and an ice rink for winter recreation. Common Council, through the Community Grants Program, assisted us with partial funding to be used toward the completion of the basketball court. We are thrilled to see the court in place and look forward to hosting a grand opening on Saturday, July 23, 2016 between 11 a.m. and 1:30 p.m. (rain date the following day, same time). The City of Saint John Transportation and Environment Services and Leisure Services Division have been invaluable to us. We want to extend our thanks to them as well as the Members of Common Council who have personally contributed and participated in this project. Please join us for our Grand Opening! We look forward to seeing you there. THE SILVER FALLS COMMUNITY ASSOCIATION /h…b/L\[ w9thw M&C No. 2016-185 Report Date July 05, 2016 Meeting Date July 11, 2016 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Public Information Session: Grannan Street & Canterbury Street (Grannan Street to Civic #52) Street Surface Renewal 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 Brian Keenan RECOMMENDATION It is recommended that this report be received and filed. EXECUTIVE SUMMARY The purpose of this report is to inform Council of a Public Information Session that will be held in relation to the Grannan Street and Canterbury Street (Grannan Street to Civic #52) Street Surface Renewal project, and to update Council on the status of the project. PREVIOUS RESOLUTION December 17, 2015 2016 General Fund Capital Program Approved. STRATEGIC ALIGNMENT Sustainable Infrastructure. - 2 - REPORT The approved General Fund Capital Program includes projects for the design and renewal of the street surfaces on Grannan Street from Germain Street to Prince William Street and on Canterbury Street from Grannan Street to Civic #52. Staff looks forward to the tender closing at the end of July, 2016. Construction is expected to begin in late August, 2016 and continue until October, 2016. This is a major project that will impact the local area during construction. It is for this reason that staff have decided to hold a Public Information Session to allow local residents and business owners an opportunity to view the project design drawings, ask questions and give their feedback. The Public Information Session will be held at the Uptown Saint John office at 17 Canterbury Street on Wednesday, July 13, 2016, from 2-4 p.m. and 6-8 p.m. This report is being provided for the information of Council and to extend an invitation to any Councillors who may wish to attend the Public Information Session. The Public Information Session will be advertised and a copy of the attached notice will be delivered door to door in the project area. SERVICE AND FINANCIAL OUTCOMES The existing concrete surface on Grannan Street is in poor condition and requires replacement. The existing Grannan Street/Canterbury Street intersection will be reconfigured by adding curb extensions on the south side of the intersection. These extensions will make the intersection more pedestrian friendly by reducing the distance required for pedestrians to cross Canterbury Street as well as providing traffic calming through a reduced vehicle travel lane width. Both of these projects will compliment the recent private re-development in the area. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/a ATTACHMENTS Public Information Session Notice PUBLIC INFORMATION SESSION GRANNAN STREET & CANTERBURY STREET (GRANNAN STREET TO CIVIC #52) STREET SURFACE RENEWAL The City of Saint John will be undertaking a street surface renewal on Grannan Street from Germain Street to Prince William Street and on Canterbury Street from Grannan Street to Civic #52 Canterbury Street. For Grannan Street, the existing concrete surface will be removed and replaced with a new concrete driving surface and the concrete pavers will be replaced where required. For Canterbury Street, new concrete curb and gutter, concrete sidewalks, brick medians and asphalt pavement will be installed. Construction is planned to begin in August and is expected to continue into October 2016. Prior to construction, another notice will be distributed to inform residents and business owners of the actual construction schedule. Although there will be delays in traffic and street closures, it is our intent to keep these inconveniences to a minimum. going commitment to continually improve its infrastructure. This project is part of the 2016 City of Saint John General Fund Capital Program. Representatives from the City of Saint John will be available to answer questions related to the project. The public is invited to attend an information session on this project on the following date and times: Date: Wednesday, July 13, 2016 Time: 2:00 4:00 pm and 6:00 8:00 pm Location: Uptown Saint John Office 17 Canterbury Street, Suite 180 For further information about this project contact the City of Saint John Transportation and Environment Services at (506) 658-4455. /h…b/L\[ w9thw M&C No. 2016-186 Report Date July 04, 2016 Meeting Date July 11, 2016 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: 2016 Rabies Vaccination 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 Michael Hugenholtz Jeff Trail RECOMMENDATION Your City Manager recommends this report be received and filed. EXECUTIVE SUMMARY The Provincial Agriculture, Aquaculture and Fisheries Department started a Wildlife Oral Rabies Vaccination Program in 2015. Areas within Saint John are being included in their 2016 program for proactive reasons only. Bait containing a rabies vaccine will be placed in strategic locations within City limits starting approximately July 20. Bait will be deposited by plane or helicopter in large uninhabited areas and by hand in areas more frequented by people such as in hedges along City streets. with their Provincial counterparts to provide information to citizens. The attached brochure contains additional information about the program. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Representatives of the Provincial Agriculture, Aquaculture and Fisheries Department are working with City staff on implementation and communication planning. ATTACHMENTS Data Sheet on Provincial Wildlife Oral Rabies Vaccination Program - 2 - - 3 - /h…b/L\[ w9thw M&C No. 2016-191 Report Date July 07, 2016 Meeting Date July 11, 2016 Service Area Finance and Administrative Services His Worship Mayor Donald Darling and Members of Common Council SUBJECT: Master Services Agreement - Paymentus OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Anne Drew Kevin Fudge Jeff Trail RECOMMENDATION ŷğƷ /ƚƒƒƚƓ /ƚǒƓĭźƌ ğķƚƦƷ ƷŷĻ ŅƚƌƌƚǞźƓŭ ƩĻƭƚƌǒƷźƚƓʹ Resolved that Common Council authorize the Mayor and Common Clerk to execute the attached agreement between City of Saint John and Paymentus Corporation to facilitate online payments to the City of Saint John. EXECUTIVE SUMMARY The City of Saint John is upgrading the platform that it presently uses to accept online payments for Parking Tickets. The current platform uses PayPal and Chase Paymentech as the engine to process these payments. The new platform cannot continue to use these and will utilize Paymentus Corporation. The new platform will also be used to process Water and Sewer payments and monthly off street parking payments. The technology allows the automation of existing pre-authorized credit card payments providing enhanced security t credit card information. In order to process these payments the City will need to enter into a new agreement with the payment processor ΛtğǤƒĻƓƷǒƭ /ƚƩƦƚƩğƷźƚƓΜ to authorize bank accounts. - 2 - PREVIOUS RESOLUTION STRATEGIC ALIGNMENT The upgraded payment engine and the Click2Gov3 platform will align with the Continuous Improvement and Customer Focus and will provide improved security of credit card information in the first phase of rollout. In the second phase it will give citizens an enhanced ability to pay bills online on a scheduled basis with credit cards, verify Water and Sewerage balances and allow the City to reduce manual processes involved in taking some credit card payments, thus creating efficiencies. REPORT The City of Saint John has purchased an upgrade to Click2Gov which will replace the version currently being used to facilitate online payments for parking tickets. The upgraded version will support online payment of parking tickets and in the future allow for the ability to pay Utility bills and to make payments through the One Stop Development Shop initiative. In order to facilitate the processing of payments through the upgraded Click2Gov3 platform, the City needs to enter into a Master Service Agreement with Paymentus Corporation, who will facilitate the credit card payment process. Paymentus are leaders in the online payment industry. SERVICE AND FINANCIAL OUTCOMES Upgrading to the newer platform will allow the City to continue to offer the ability to make online parking ticket payments and pre-authorized payments by credit card but at a reduced cost and with reduced manual intervention as is required currently. The net cost of entering into this agreement is marginal and the platform will set the City up to leverage its investment in Click2Gov3 to provide online payment for other City services, enhancing customer service and producing cost efficiencies. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Legal has reviewed the agreement. ATTACHMENTS Paymentus Corporation Master Services Agreement MASTER SERVICES AGREEMENT Client: The City of Saint John Client Address: City Hall, P.O. Box 1971 St. John, NB E2L4L1 Contact for Notices to Client: Anne Drew, Accounting Supervisor Estimated Yearly Bills / Invoices: 48,000 below, by and between the Client ClientPaymentus (Canada) Corporation, a Nova Scotia Corporation WHEREAS Paymentus desires to provide and the Client desires to receive certain services under the terms and conditions set forth in this Agreement. Paymentus provides electronic bill payment services to utilities, municipalities, insurance and other businesses. NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, hereby covenant and agree as follows. This Agreement consists of this signature page, General Terms and Conditions, and the attachments AttachmentsSchedules Schedule A: Paymentus Service Fee Schedule This Agreement represents the entire understanding between the parties hereto with respect to its subject matter and supersedes all other written or oral agreements heretofore made by or on behalf of Paymentus or Client with respect to the subject matter hereof and may be changed only by agreements in writing signed by the authorized representatives of the parties. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives. Master Services Agreement Absorbed Page 1 of 8 Confidential & Proprietary 100205 Customer Signature: City Mayor Customer Signature: Common Clerk By: By: Name: Name: Title: Title: Date: Date: Paymentus Signature: By: Name: Title: Date: Master Services Agreement Absorbed Page 2 of 8 Confidential & Proprietary 100205 GENERAL TERMS AND CONDITIONS 1 Definitions: For the purposes of this Agreement, the following terms and words shall have the meaning ( ascribed to them, unless the context clearly 2.2 Professionalism indicates otherwise. 1.1 Agreement Contract Paymentus shall perform in a professional this Agreement, as amended from time to time, manner all Services required to be performed under which shall constitute an authorization for the term of this Agreement. this contract for Paymentus to be the exclusive provider of services, stated herein, to the Client 3 Compensation 1.2 UserClient3.1 Installation services Paymentus will charge a flat, annual fee of $2,000 related to the initial setup, personalization, and ongoing 1.3 Effective Date maintenance of its standard Services required to be which the parties signed this Agreement. The performed under this Agreement. Agreement will not be effective against any party until the said date 3.2 Paymentus Service Fee 1.4 Launch Date Client launches this service to the Users For each payment, Paymentus will charge a Paymentus Service Fee as per Schedule A 1.5 Payment payments for ClientClient For each payment, the Paymentus Service 1.6 shall mean the bill Fee collected will be used to pay the corresponding amount User wants to pay to the Client. Credit Card transaction fees except for the return items (Credit Card chargebacks). 1.7 Services the Services outlined in section 2 of this Agreement A schedule of Paymentus Service Fee is attached hereto as Schedule A. The Paymentus 1.8 shall Service Fee is based on the Average Bill Amount, mean a Paymentus authorized merchant account and on the assumption that the total number of provider and payment processing gateway payments and the total Payment Amount collected each month from the use of non-consumer cards 1.9 Average Bill Amount shall mean the total amount of Payments collected through Paymentus system in a given month divided by the number of Paymentus Service Fees based on the rate of 3.5% the Payments for the same month. of the Payment Amount for any excess amount if the Fee Assumptions vary by more than 5%. Paymentus can amend this schedule upon prior written notice to 2 Description of Services to be performed the Client, if such change is required due to changes in the Visa and MasterCard regulations or changes 2.1 Scope of Services in Credit Card fees or changes in the Average Bill Amount or changes in Fee Assumptions. Paymentus shall provide Users the opportunity to make Payments by Visa and MasterCard, and other payment methods as deemed necessary by Paymentus. Payments may be made by secure Internet interface provided at the Master Services Agreement Absorbed Page 3 of 8 Confidential & Proprietary 100205 4 Payment Processing Paymentus shall provide Client with reports summarizing use of the Services by Users for a given reporting period. 4.1 Integration with Client 5.2 User Adoption Communication by Client Paymentus will be using the established integration to the SunGard cash receipts and Client Click2gov interfaces. available to its residential and commercial Clients by different means of Client communication including a) 4.2 Explicit User Confirmation through bills, invoices and other notices; b) by providing Web payment details on the Client Paymentus shall confirm the dollar amount of all Payments and the corresponding Paymentus mutually agreed prominent place on the web site; c) Service Fee to be charged to a Card and other channels deemed appropriate by the Client. electronically obtain the User approval of such charges prior to initiating Card authorizations Paymentus shall provide Client with logos, graphics transaction. Paymentus will provide User with and other marketing materials for Client electronic confirmation of all transactions. communications with its users regarding the Services and/or Paymentus. 4.3 Merchant Account Both parties agree that Paymentus will be presented Paymentus will arrange for the Client to as a payment method option. Client will have a merchant account with the Paymentus communicate Paymentus option to its end Authorized Processor for processing and settlement residential and commercial Clients wherever Client of the credit card transactions. usually communicates its other payment methods. 4.4 Card Authorization 5.3 Independent Contractor For authorization purposes, Paymentus will Client and Paymentus agree and electronically transmit all Card transactions to the understand that the relationship between both appropriate Card-processing center, in real time as parties is that of an independent contractor. the transactions occur. 5.4 Client 4.5 Settlement In order for Paymentus to provide Services Paymentus together with its authorized Card outlined in this Agreement, the Client shall co- processor shall forward the payment transactions operate with Paymentus by: and corresponding Paymentus Service Fee to the appropriate card organizations for settlement directly (i) Client will enter into all applicable merchant to the ClientCard or cash management agreements. designated by the Client Client (ii) For the duration of this Agreement, Client will keep a bill payment link connecting to the System at Paymentus will debit the Paymentus Service Fees a prominent and mutually agreed location on the from Client Client website. Paymentus together with Paymentus Authorized Processor will continuously review its settlement and (iii) Client will launch the service to the Users direct debit processes for its simplicity and within 30 days of the date when the system is made efficiencies. Client and Paymentus agree to fully co-available for launch by Paymentus. operate with each other if Paymentus were to change its settlement and invoicing processes. (iv) For the purpose of providing Client a posting file for posting to ClientClient will provide the file format specification currently used to 5 General Conditions of Services post its payments to the billing system. Client will fully cooperate with Paymentus and provide the 5.1 Service Reports Master Services Agreement Absorbed Page 4 of 8 Confidential & Proprietary 100205 information required to integrate with Client system. 7.4 Amendment of Agreement Modifications or changes in this Agreement 6 Governing Laws must be in writing and executed by the parties bound to this Agreement. This Agreement shall be governed by the 7.5 Severability laws of the Province of New Brunswick. 7 Communications If a word, sentence or paragraph herein shall be declared illegal, unenforceable, or 7.1 Authorized Representative unconstitutional, the said word, sentence or paragraph shall be severed from this Agreement, Each party shall designate an individual to and this Agreement shall be read as if said word, act as a representative for the respective party, with sentence or paragraph did not exist. the authority to transmit instructions and receive information. The parties may from time to time 7.6 designate other individuals or change the individuals. Should any litigation arise concerning this Agreement between the parties hereto, the parties 7.2 Notices 7.7 Confidentiality All notices of any type hereunder shall be in writing and shall be given by Certified Mail or by a national courier or by hand delivery to an individual Client will not disclose to any third party or authorized to receive mail for the below listed use for any purpose inconsistent with this individuals, all to the following individuals at the Agreement any confidential or proprietary non-public following locations: information it obtains during the term of this To Client financial condition, technology, systems, no-how, C/O: Anne Drew, Accounting Supervisor products, services, suppliers, Clients, marketing Address: PO Box 1971 | Saint John, NB E2L 4L1 data, plans, and models, and personnel. Paymentus Phone: 506.648.3712 will not disclose to any third party or use for any Fax: 506.649.7901 purpose inconsistent with this Agreement any confidential User information it receives in To Paymentus connection with its performance of the services. C/O: President and CEO Address: 30West Beaver Creek, Suite 17 Richmond Hill, ON L4B 3K1 Phone: 888-476 8910 Fax: 877-882-1676 Notices shall be declared to have been given or received on the date the notice is physically received if given by hand delivery, or if notices given by US Mail, then notice shall be deemed to have been given upon on date said notice was deposited in the mail addressed in the manner set forth above. Any party hereto by giving notice in the manner set forth herein may unilaterally change the name of the person to whom notice is to be given or the address at which the notice is to be received. 7.3 Interpretation It is the intent of the parties that no portion of this Agreement shall be interpreted more harshly against either of the parties as the drafter. Master Services Agreement Absorbed Page 5 of 8 Confidential & Proprietary 100205 7.8 Intellectual Property Client Indemnitee as a result or arising out of (i) the willful In order that the Client may promote the misconduct or negligence of Paymentus in performing the Services or (ii) a material breach by Services, Paymentus grants to Client a revocable, Paymentus of its covenants. non-exclusive, royalty-free, license to use 8.2 Client Indemnification and Hold Harmless and other service marks (the Client does not have any right, title, license or interest, Client agrees to the fullest extent permitted express or implied in and to any object code, by law, to indemnify and hold harmless Paymentus, software, hardware, trademarks, service mark, trade its affiliates, officers, directors, stockholders, agents, name, formula, system, know-how, telephone employees, and representatives, (collectively, the number, telephone line, domain name, URL, Paymentus copyright image, text, script (including, without liabilities, demands, losses, damages, costs or limitation, any script used by Paymentus on the IVR expenses (including without limitation reasonable or the WebSite) or other intellectual property right of expenses) incurred by any Paymentus Indemnitee as a result or arising out of Paymentus Marks, Paymentus Intellectual Property, (i) the willful misconduct or negligence of Client and the System and all rights therein (other than related to the Services or (ii) a material breach of rights expressly granted herein) and goodwill pertain Client thereto belong exclusively to Paymentus. 8.3 Warranty Disclaimer 7.9 Force Majeure Except as expressly set forth in this Paymentus will be excused from performing Agreement, Paymentus disclaims all other the Services as contemplated by this Agreement to representations or warranties, express or implied, the extent its performance is delayed, impaired or made to the Client or any other person, including rendered impossible by acts of God or other events without limitation, any warranties regarding quality, suitability, merchantability, fitness, for a particular without its fault or judgment, including without purpose or otherwise of any services or any good limitation, natural disasters, war, terrorist acts, riots, provided incidental to the Services provided under acts of a governmental entity (in a sovereign or this Agreement. contractual capacity), fire, storms, quarantine 8.4 Limitation of Liability restrictions, floods, explosions, labor strikes, labor walk-outs, extra-ordinary losses utilities (including telecommunications services), external computer Notwithstanding the foregoing, the parties s, and/or delays of common carrier. agree that neither party shall be liable to the other for any lost profits, lost savings or other special, 7.10 Time of the Essence indirect or consequential damages, even if the party has been advised of or could have foreseen the Paymentus and Client acknowledge and agree that time is of the essence for the completion liability for damages for any and all actions of the Services to be performed and each parties associated with this Agreement or the Services shall respective obligations under this Agreement. in no event exceed the specific dollar amount of the Paymentus Service Fee paid to Paymentus for the particular payment transaction which is the subject 8 Indemnification matter of the claim of damage. 8.1 Paymentus Indemnification and Hold Harmless Paymentus agrees to the fullest extent permitted by law, to indemnify and hold harmless the Client and its governing officials, agents, employees, Client Indem from and against all liabilities, demands, losses, damages, costs or expenses (including reasonable Master Services Agreement Absorbed Page 6 of 8 Confidential & Proprietary 100205 9 Term and Termination 9.2 Material Breach 9.1 Term A material breach of this Agreement shall be cured The term of this Agreement shall commence on the party notifies the other of such breach. In the event, effective date of this Agreement and continue for a such material breach has not been cured within the period of 5 (fiveCure Period, the non-breaching party can terminate Launch Date. this Agreement by providing the other party with a 30 (thirty) days notice. At the end of the Initial Term, this Agreement will 9.3 Upon Termination automatically renew for successive three (3) year periods unless either Client or Paymentus provide the other party with not less than 3 (three) months prior written notice before such automatic renewal Upon termination of this Agreement, the parties date that such party elects not to automatically agree to cooperate with one another to ensure that renew the term of this Agreement. all Payments are accounted for and all refundable transactions have been completed. Upon termination, Paymentus shall cease all Services being provided hereunder unless otherwise directed by the Client in writing. Master Services Agreement Absorbed Page 7 of 8 Confidential & Proprietary 100205 Schedule A Paymentus Service Fee Schedule Paymentus Service Fee charged to the Client will be based on the following model: Absorbed Fee Model 1. Paymentus Annual Subscription Fee $2,000 Annual Subscription; Paid 100% at contract signing and billed at the beginning of each contract renewal year thereafter 2. UTILITY BILLS Average Bill Amount: $498.00 Paymentus Service Fee per qualified utility rate transaction Visa / MasterCard Credit 1.75% per transaction 3. PARKING TICKETS Average Bill Amount: $40.00 Paymentus Service Fee per qualified transaction: Visa / MasterCard Credit 1.75% per transaction 4. RECURRING PARKING PAYMENTS Average Bill Amount: $50.00 Paymentus Data Migration and Setup Fee - Waived Paymentus Service Fee per qualified transaction: Visa / MasterCard Credit 1.75% per transaction Notes: Maximum Amount per Utility Payment is $2,000.00. Multiple payments can be made. Maximum Amount per Non-Utility Payment is $1,000.00. Multiple payments can be made. Paymentus may apply different limits per transactions for user adoption or to mitigate risks. Master Services Agreement Absorbed Page 8 of 8 Confidential & Proprietary 100205 May 15, 2016 5źƭĭƚǝĻƩ {ğźƓƷ WƚŷƓ To increase tourism revenues in Saint John by marketing our unique and competitive Mandate tourism experiences to high-potential markets. Destination marketing, Visitor information and Experience, Meeting and Primary Functions Convention Sales, Sports Tourism attraction, Festival and Events support and attraction, member services, Travel Trade Allison Fraser, Hilton Saint John, representing the Saint John Hotel Association Name of Board Sue Palmer, Chateau Saint John, representing the Saint John Hotel Association Members Sally Blount, WorkSafe NB, representing the City of Saint John Judith Brown, Saint John Airport Inc., representing the City of Saint John David Drinnan, Nocturne, representing the City of Saint John Ray Gracewood, Organigram, representing the City of Saint John Greg Norton, City Councillor, representing the City of Saint John David Forestell, Slocum & Ferris, representing Industry Gillian Nadeau, Uncorked Wine Tours, representing Industry Heather Peterson, Hardman Group, representing Industry Elizabeth Rowe, Urban Deli, representing Industry 8 Full-time (and seasonally 15 additional VIC staff) # of Staff $991,020 2016 CoSJ Subsidy Saint John Hotel Association - $633,510 Projected 2016 Other revenue (advertising and membership fees) - $114,000 revenue streams .Ǥ źƓǝĻƭƷźƓŭ źƓ ĻΏYźƚƭƉƭ ƚǒƩ źƭźƷƚƩ LƓŅƚƩƒğƷźƚƓ ƦƩƚŭƩğƒ źƭ ğĬƌĻ Ʒƚ Ʒƚǒĭŷ ƒƚƩĻ ǝźƭźƷƚƩƭ ƚǝĻƩ 2016 continuous ĻǣƷĻƓķĻķ ŷƚǒƩƭ Ʒŷǒƭ źƓĭƩĻğƭźƓŭ ƚǒƩ ƩĻğĭŷ ǞźƷŷƚǒƷ ƷğƉźƓŭ ƚƓ ƒƚƩĻ Iw ĻǣƦĻƓƭĻ͵ 5źƭĭƚǝĻƩ improvement {ğźƓƷ WƚŷƓ ŷğƭ ğƌƭƚ υЊͲАЌБͲЎЌЉ Annual Budget —ĻğƩ Ʒƚ ķğƷĻ ƚǒƩ ƚƩŭğƓźǩğƷźƚƓ źƓ ƚƓ ƷƩğĭƉ ǞźƷŷ ƚǒƩ ǞƚƩƉƦƌğƓƭ ğƓķ ƚƓ ĬǒķŭĻƷ Response to YTD Actuals Membership Goals High-Level 2016 Performance/Service # of New Contacts Generated Objectives # of FAM/Site Visit Participants # of Leads Generated # of Bids Submitted # of Successful Bids Please see attached YTD Performance/ Service Targets Gold and Bronze Summit International Awards for our #saintawesome marketing Recent accomplishments campaign Winning the bid to host the 2022 Royal Canadian Legion Dominion Convention Winning the bid to host the 2017 East Coast Music Awards Hosting the 2016 Telus Cup Hosting the 2016 the Canadian Nurses Association convention Emerging Issues Partnerships between Discover Saint John and its municipal counterparts are strong Summary of primary take-aways for and healthy Common Council Tourism is big business and employs 1 in 10 in our region Q1 Statisticson KPIs Attachments Discover Saint John Report to Common Council City of Saint John Q1 Statistics May 2016 MEETINGS & CONVENTIONS Measurement Q1 2016 YTD Target # of New Contacts Generated 163 200 # of FAM/Site Visit Participants 14 30 \[Ļğķƭ # of Leads Generated 14 35 2750 5026 $1,668,837 .źķƭ # of Bids Submitted 12 20 3085 m Nights 6161 $1,989,732 ‘źƓƭ # of Successful Bids 6 705 1040 $358,165 \[ƚƭƷΉ/ğƓĭĻƌƌĻķ 9ǝĻƓƷƭ # of Lost or Cancelled Events 13 4070 8275 $2,715,785 Leads in Lead Status : 7 Leads in Bid (Development) Status : 13 MAJOR EVENTS Measurement Q1 2016 YTD Target # of New Contacts Generated 95 100 # of FAM/Site Visit Participants 0 0 \[Ļğķƭ # of Leads Generated 4 15 tors 6,730 12,910 4,500 $4,394,930 .źķƭ # of Events in Development 3 5 tors 5,700 6,700 300 $544,300 ‘źƓƭ Discover Saint John Report to Common Council City of Saint John Q1 Statistics May 2016 # of Events Established 5 1 tors 16,200 32,200 599 $2,466,516 \[ƚƭƷΉ/ğƓĭĻƌƌĻķ 9ǝĻƓƷƭ # of Lost or Cancelled Events 1 200 800 200 $95,200 Leads in Lead Status : 9 Leads in Bid (Development) Status : 1 SPORT EVENTS Measurement Q1 2016 2016 YTD Target # of New Contacts Generated 47 50 # of FAM/Site Visit Participants 4 6 \[Ļğķƭ # of Leads Generated 13 20 20,248 137,268 hts 7,489 $11,398,540 .źķƭ # of Bids Submitted (with Champions) 6 8 2,945 4,015 905 $605,015 ‘źƓƭ # of Successful Bids (with Champions) 4 4 2,755 4,135 655 $506,315 \[ƚƭƷΉ/ğƓĭĻƌƌĻķ 9ǝĻƓƷƭ # of Lost or Cancelled Events 5 1,800 3,600 470 $349,280 Leads in Lead Status : 16 Discover Saint John Report to Common Council City of Saint John Q1 Statistics May 2016 Leads in Bid (Development) Status : 3 TRAVEL TRADE Measurement 2016 YTD Target # of Marketplace Appointments 39 80 # of New Tour Operator Contacts 68 15 # of FAM Tour/Site Visit Participants 19 13 BY-LAW NO. M-12 ARRÊTÉ NO M-12 A Law to Amend A By-law respecting the Arrêté portant Regulation and Licensing of Owners and réglementation des activités des propriétaires et Operators of Taxicabs in the City of Saint John exploitants de voitures- permis aux propriétaires et exploitants de taxis dans The City of Saint John Be it enacted by the Common Council of Le conseil communal de The City of Saint The City of Saint John as follows: John décrète ce qui suit : A By-law of The City of Saint John Par les présente entitled "A By-law respecting the Regulation and Saint John intitulé « Licensing of Owners and Operators of Taxicabs in des activités des propriétaires et exploitants de nd the City of Saint John", enacted on the 22 day of voitures- June, A.D. 2015, is hereby amended as follows: propriétaires et exploitants de taxis dans The City of Saint John », décrété le 22 juin 2015, est modifié comme suit: 1. Schedule ng the 1. nnexe « B » est modifié par la Three Dollars ($3.00) suppression des mots : « Tarif de départ: for the first 67 meters of travel (67 meters Trois dollars (3 $) pour les premiers 67 = 1/24 mile)mètres du trajet. (67 mètres = 1/24 mile) » : Five Dollars ($5.00) for et leur remplacement par les mots the first 67 meters of travel (67 meters = suivants : « Tarif de départ: Cinq dollars (5 1/24 mile)$) pour les premiers 67 mètres du trajet. Eleven Cents (67 mètres = 1/24 mile) »; et également par ($0.11) for every 67 meters of travel la suppression des mots: « Tarif selon la following the Initial Fee (this amounts to distance parcourue: Onze cents (0,11 $) One Dollar and Sixty Four Cents ($1.64) pour chaque 67 mètres du trajet parcourus per kilometre of travel)suivant le tarif de départ (ceci équivaut à e Rate: Seven un dollar et soixante-quatre cents (1,64 $) and Fourth-Tenths of One Cent ($0.074) par kilomètre parcouru) » et leur for every 67 meters of travel following the remplacement par les mots : « Tarif selon Initial Fee (this amounts to One Dollar and la distance parcourue: Sept et quatre Ten Cents ($1.10) per kilometre of travel). dixièmes de cent (0,074 $) pour chaque 67 mètres du trajet parcourus suivant le tarif de départ (ceci équivaut à un dollar et dix cents (1,10 $) par kilomètre parcouru). » 2. The amendments identified herein shall 2. take effect on the 15th day of July, 2016. entreront en vigueur le 15 juillet, 2016. IN WITNESS WHEREOF The City of Saint John EN FOI DE QUOI, The City of Saint John a fait has caused the Corporate Common Seal of the said apposer son sceau communal sur le présent arrêté City to be affixed to this by-law the day le 2016, avec les signatures of , A.D. 2016 signed by: suivantes : _______________________________________ Mayor /Maire ______________________________________ Common Clerk/greffier communal First Reading - June 27, 2016 Première lecture - le 27 juin 2016 Second Reading - June 27, 2016 Deuxième lecture - le 27 juin 2016 Third Reading - Troisième lecture - A LAW TO AMEND A BY-LAW ARRÊTÉ RESPECTING TRAFFIC ON STREETS IN À LA CIRCULATION DANS LES RUES THE CITY OF SAINT JOHN MADE UNDER DANS THE CITY OF SAINT JOHN ÉDICTÉ THE AUTHORITY OF THE MOTOR CONFORMÉMENT À LA LOI SUR LES VEHICLE ACT, 1973, AND AMENDMENTS VÉHICULES À MOTEUR (1973) ET LES THERETO MODIFICATIONS AFFÉRENTES Be it enacted by the Common Council of The City of Saint John as follows: The City of Saint John a décrété ce qui suit : A By-law of The City of Saint John ity of entitled "A By-law Respecting Traffic On Streets Saint John intitulé « Arrêté relatif à la circulation In The City of Saint John Made Under The dans les rues dans The City of Saint John édicté Authority of The Motor Vehicle Act, 1973, and conformément à la Loi sur les véhicules à moteur th Amendments Thereto", enacted on the 19 day of (1973) et les modifications afférentes », décrété le December, A.D. 2005, is hereby amended as 19 décembre 2005, est modifié comme suit : follows: 1 Schedule T School Zones is amended by 1 est modifié par deleting the following words under the following la suppression des mots suivants sous les titres headings: suivants : Municipal Street Limits Rues Municipales Limites Champlain Drive 268 metres north of Promenade Creighton Avenue to 40 Champlain metres south of Sherwood un point situé à 40 m. au sud Drive de la prom. Sherwood Chemin Westmorland 123.8 metres south of Westmorland au sud de la prom.Glengarry Road Glengarry Drive to 272 à un point situé à 272 m. au metres north of Glengarry nord de la prom. Glengarry Drive Avenue Millidge Millidge Avenue 86 metres south of Valeri sud de la rue Valerie à un Street to 80 metres north of point situé 80 m. au nord de Valerie Street la rue Valerie 2 Schedule T School Zones - is amended by 2 est modifié par adding the following words under the following headings: suivants : Municipal Street Limits Rue Municipales Limites Promenade Champlain Drive 42 metres south of Rosedale Champlain sud du croissant Rosedale à Crescent to 38 metres north un point situé à 38 m. au of Dorothea Drive nord de la prom. Dorothea Westmorland 39 metres north of Kervin Chemin int situé à 39 m. au Road Road to 50 metres metres Westmorland nord du ch. Kervin à un south of Longview Court point situé à 50 m. au sud de Longview Court Avenue Millidge Millidge Avenue 176 metres south of Valerie sud de la rue Valerie à un Street to 78 metres north of point situé 78 m. au nord du Ropewalk Road ch. Ropewalk 3 Schedule T-1 Speed Limits in School Zones - 3 -1 Vitesse maximales dans les is amended by adding the following words under the following headings: mots suivants sous les titres suivants : Street Limits Speed Rues Limites Vitesse Maximale Champlain 42 metres south of 40 km/h Promenade 40km/h Drive Rosedale Crescent Champlain 42 m. au sud du to 38 metres north croissant Rosedale of Dorothea Drive à un point situé à 38 m. au nord de la prom. Dorothea Glengarry Westmorland Road 40 km/h Promenade du ch.Westmorland 40km/h Drive to 341.7 metres Glengarry à un point situé à south of 341,7 m. au sud du Westmorland Road ch. Westmorland Westmorland 39 metres north of 40 km/h Promenade 40km/h Westmorland Road Kervin Road to 50 39 m. au nord du metres south of ch. Kervin à un Longview Court point situé à 50 m. au sud de Longview Court Millidge 176 metres south of 40 km/h Avenue 40km/h Avenue Valerie Street to 78 Millidge 176 m. au sud de la metres north of rue Valerie à un Ropewalk Road point situé à 78 m. au nord du ch. Ropewalk 4 Schedule B No Parking Anytime - is amended 4 Annexe B Interdiction de Stationner en tout by adding the following words under the following temps des mots headings : suivants sous les titres suivants : Street Side Limits Rues Côté Limites Glengarry West Westmorland Road Promenade Ouest du ch. Westmorland Drive to Elgin Road Glengarry au ch. Elgin IN WITNESS WHEREOF The City of Saint John EN FOI DE QUOI, The City of Saint John a fait has caused the Corporate Common Seal of the said apposer son sceau municipal sur le présent arrêté City to be affixed to this by-law the day le 2016, avec les signatures of , A.D. 2016 signed by: suivantes : _______________________________________ Mayor /Maire ______________________________________ Common Clerk/greffier communal First Reading - June 27, 2016 Première lecture - le 27 juin 2016 Second Reading - June 27, 2016 Deuxième lecture - le 27 juin 2016 Third Reading - Troisième lecture - o BY-LAW NO. CP-102-1 ARRÊTÉ N CP-102-1 A LAW TO AMEND A BY-LAW ARRÊTÉ PORTANT MODIFICATION DE RESPECTING THE CONSTRUCTION REPAIR AND DEMOLITION OF BUILDINGS IN THE CITY OF SAINT JOHN DÉMOLITION DE BÂTIMENTS ET DE CONSTRUCTIONS DANS LA VILLE DE SAINT JOHN Be it enacted by the Common Council of Le conseil communal de The City of Saint The City of Saint John as follows: John édicte : A By-law of The City of Saint John entitled "A By-law Respecting the Construction réparation et la Repair and Demolition of Buildings in the City of démolition de bâtiments et de constructions dans la st Saint John", enacted on the 21 day of March, A.D. ville de Saint John, adopté le 21 mars 2016, est 2016, is hereby amended as follows: : 1 Replacing from Section 2(4) the words 1 par remplacement, au paragraphe 2(4), de General « SPÉCIFICATIONS GÉNÉRALES document entitled, la version la plus récente du document intitulé The City of Saint John. (SPÉCIFICATIONS The City of Saint John General Specifications. GÉNÉRALES)with the words, General (General Specifications) » par provisions within « SPÉCIFICATIONS GÉNÉRALES the General Specifications of The City of Saint dispositions du document intitulé General John which have been determined from time to Specifications de The City of Saint John que time by the Chief City Engineer. précise (SPÉCIFICATIONS GÉNÉRALES) chef. (General Specifications) ». IN WITNESS WHEREOF The City of Saint John EN FOI DE QUOI T HE C ITY OF S AINT J OHN a fait has caused the Corporate Common Seal of the said apposer son sceau communal sur le présent arrêté le City to be affixed to this by-law the day __________________2016, avec les signatures of , A.D. 2016 signed by: suivantes : _______________________________________ Mayor /Maire ______________________________________ Common Clerk/Greffier communal First Reading - June 27, 2016 Première lecture - le 27 juin 2016 Second Reading - June 27, 2016 Deuxième lecture - le 27 juin 2016 Third Reading - Troisième lecture - o BY-LAW NO. M-32-1 ARRÊTÉ NM-32-1 A LAW TO AMEND A BY-LAW ARRÊTÉ PORTANT MODIFICATION DE RESPECTING DRAINAGE IN THE CITY OF SAINT JOHN DANS LA VILLE DE SAINT JOHN Be it enacted by the Common Council of Le conseil communal de The City of Saint The City of Saint John as follows: John édicte : A By-law of The City of Saint John entitled "A By-law Respecting Drainage in the City Arrêté concernant le drainage dans la ville de Saint st of Saint John", enacted on the 21 day of March, John, adopté le 21 mars 2016, est modifié ainsi A.D. 2016, is hereby amended as follows: : 1. Adding immediately after the words 1. par adjonction, immédiatement après « 2(2) Where a word is defined, other parts of speech Les autres parties du discours et les autres and grammatical forms of the same word shall in a new sens correspondant. », du nouveau paragraphe paragraph the words, 2(3) In this By-law:. « présent arrêté : »; 2. par remplacement de « SPÉCIFICATIONS means the May 2015 document entitled, GÉNÉRALES Le document de T HE C ITY OF S AINT J OHN daté de mai 2015 qui est intitulé John. (spécifications générales)with the words General Specifications. (General General Specifications means those Specifications) » par « SPÉCIFICATIONS provisions within the General Specifications of GÉNÉRALES The City of Saint John which have been document intitulé General Specifications de determined from time to time by the Chief City The City of Saint John que précise, à Engineer. (spécifications générales) (General Specifications) ». IN WITNESS WHEREOF The City of Saint John EN FOI DE QUOI T HE C ITY OF S AINT J OHN a fait has caused the Corporate Common Seal of the said apposer son sceau communal sur le présent arrêté le City to be affixed to this by-law the day _________________2016, avec les signatures of , A.D. 2016 signed by: suivantes : _______________________________________ Mayor /Maire ______________________________________ Common Clerk/Greffier communal First Reading - June 27, 2016 Première lecture - le 27 juin 2016 Second Reading - June 27, 2016 Deuxième lecture - le 27 juin 2016 Third Reading - Troisième lecture - wĻĭĻźǝĻķ 5ğƷĻ WǒƓĻ ЋАͲ ЋЉЊЏ aĻĻƷźƓŭ 5ğƷĻ WǒƌǤ ЊЊͲ ЋЉЊЏ hƦĻƓ ƚƩ /ƌƚƭĻķ hƦĻƓ {ĻƭƭźƚƓ Iźƭ ‘ƚƩƭŷźƦ 5ƚƓ 5ğƩƌźƓŭ ğƓķ aĻƒĬĻƩƭ ƚŅ /ƚƒƒƚƓ /ƚǒƓĭźƌ —ƚǒƩ ‘ƚƩƭŷźƦ ğƓķ /ƚǒƓĭźƌƌƚƩƭʹ {ǒĬƆĻĭƷʹ wğźƌǞğǤ /ƩƚƭƭźƓŭƭ aƚƷźƚƓʹ ŷğƷ /ƚǒƓĭźƌ ķźƩĻĭƷ ƷŷĻ /źƷǤ ağƓğŭĻƩ Ʒƚ źƓƭƦĻĭƷ ƷŷĻ Ʃƚğķ ƦƚƩƷźƚƓ ƚŅ ğƌƌ ƩğźƌǞğǤ ĭƩƚƭƭźƓŭƭ źƓ ƷŷĻ ĭźƷǤ ğƓķ źŅ ǞƚƩƉ źƭ ƓĻĻķĻķ ƷŷĻƓ ŅƚƌƌƚǞ ǒƦ ǞźƷŷ ƷŷƚƭĻ ƩĻƭƦƚƓƭźĬƌĻ Ʒƚ ƩĻƒĻķǤ ğƓǤ ķĻŅźĭźĻƓĭźĻƭ͵ wĻƭƦĻĭƷŅǒƌƌǤ {ǒĬƒźƷƷĻķͲ ΛwĻĭĻźǝĻķ ǝźğ ĻƒğźƌΜ 5ğǝźķ aĻƩƩźƷŷĻǞ /ƚǒƓĭźƌƌƚƩ ‘ğƩķ Ѝ /źƷǤ ƚŅ {ğźƓƷ WƚŷƓ COUNCIL REPORT M&C No. MC 2016-183 Report Date July 05, 2016 Meeting DateJuly 11, 2016 Service Area Growth and Community Development Services His Worship Mayor Mel NortonandMembers of Common Council SUBJECT: Request to Build Two Dwellings 0 Free Lane & 50 Columbus 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 Kristen Flood Jacqueline Hamilton Jeff Trail RECOMMENDATION 1.That the applicant, Michael Boyle, be permitted to address Common Council regarding the application and to answer any questions that Council may have regarding the matter. 2.ŷğƷ /ƚƒƒƚƓ /ƚǒƓĭźƌ ķĻƓǤ ƷŷĻ ğƦƦƌźĭğƓƷ͸ƭ ƩĻƨǒĻƭƷ Ʒƚ ĭƚƓƭƷƩǒĭƷ ƷǞƚ dwellings, one at 0 Free Lane and one at 50 Columbus Drive, in accordance with Section 2.7(2) of the Zoning By-law due to unsatisfactory arrangements for access to the site. EXECUTIVE SUMMARY On April 14, 2016, Michael Boyle submitted a letter seeking permission to build two dwellings, one at 0 Free Lane and one at 50 Columbus Drive, with access from Acamac Backland Road adjacent to N.B. Highway No. 7 (Martinon By-Pass). Prior to submitting the request, Mr. Boyle was informed that building permits could not be issued for the construction of either dwelling, as the camp is located in a remote area of the City without public roadway access. Access to the property is provided through a provincial service road. Community Planning and Development Staff have reviewed the application with other service areas and external agencies. Although advances in technology allow for certain services such as telephone and electrical power to be adequately provided to these types of dwellings, Staff do not recommend approval of the development on the basis of concerns with the existing access which does not meet City standards. -2- PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT N/A REPORT JURISDICTION OF COMMON COUNCIL While development applications normally come to Common Council in the form ƚŅ ğ ƩĻĭƚƒƒĻƓķğƷźƚƓ ŅƩƚƒ ƷŷĻ /źƷǤ͸ƭ tƌğƓƓźƓŭ !ķǝźƭƚƩǤ /ƚƒƒźƷƷĻĻͲ źƓ Ʒŷźƭ ĭğƭĻ the development is on existing lots, involves a use that is permitted by the Zoning By-law, and does not require any variances from the Zoning By-law. The only development approval required in these cases is the issuance of a Building Permit. In this case, the lack of provision of satisfactory access to the site prevents the Development Officer from endorsing the Building Permits. Such applications that cannot be endorsed by the Development Officer due to a lack of satisfactory servicing or access are within the jurisdiction of Common Council. Section 2.7(2) of the Zoning By-law provides for the denial of a building permit application by Common Council, should Council deem that satisfactory servicing does not exist for the development. ͻ/ƚǒƓĭźƌ ƒğǤ ƦƩƚŷźĬźƷ ƷŷĻ ĻƩĻĭƷźƚƓ ƚŅ ğƓǤ ĬǒźƌķźƓŭ źƓ ƩĻƭƦĻĭƷ ƚŅ Ǟŷźĭŷ źƓ ƷŷĻ opinion of Council, satisfactory arrangement has not been made for the supply of ĻƌĻĭƷƩźĭ ƦƚǞĻƩͲ ǞğƷĻƩͲ ƭĻǞĻƩğŭĻͲ ƭƷƩĻĻƷ ƚƩ ƚƷŷĻƩ ƭĻƩǝźĭĻƭ ƚƩ ŅğĭźƌźƷźĻƭ͵ͼ As a result of the access not being satisfactory to the Development Officer, Staff have brought this matter forward to Common Council in accordance with Section 2.7(2) of the Zoning By-law as this is a broader policy matter. ANALYSIS Proposed Development Site ŷĻ ƭǒĬƆĻĭƷ ƭźƷĻ źƭ ƌƚĭğƷĻķ źƓ ĭƌƚƭĻ ƦƩƚǣźƒźƷǤ Ʒƚ ƷŷĻ /źƷǤ͸ƭ ǞĻƭƷĻƩƓ ĬƚǒƓķğƩǤ ğƓķ is comprised of two parcels of land with a total area of approximately 14.4 hectares. Both parcels are wooded and the parcel located at 0 Free Lane fronts on Kelly Lake. -3- Municipal Plan and Zoning The subject site is primarily designated Rural Resource with the western and eastern portions of the site designated Park and Natural Area by the Municipal Plan. While residential development on existing lots is permitted in Rural Resource areas, the lots must have direct frontage on a Public Street. As areas designated Park and Natural Area often include environmental features such as wetlands and watersheds, development is discouraged in these areas. The properties are zoned Rural (RU) which allows for the use of the development of a one-unit dwelling, subject to the provision of access and services. Site Servicing and Access The applicant proposes to access to the site from the Acamac Backland Road. This service road is withiƓ ƷŷĻ ƦƩƚǝźƓĭźğƌ ŷźŭŷǞğǤ͸ƭ ЊЎЉ-metre wide right-of-way. The road has a granular width of 7.5 metres, with suitable ditching along both sides. Vehicular access from the highway to this service road is approximately 2 kilometres north of the subject property. This access road was constructed when the Province of New Brunswick constructed the Martinon By-Pass Highway, it severed the undeveloped Acamac Backland Road right-of-way. According to the Department of Transportation, a gravel service road was constructed by the Province along both sides of this portion of the highway to provide access to lands, not access for year round residential development. There are three accesses, including Free Lane, that intersect this provincial service road. Free Lane is a private access not far from Yellow Gate Lane, a former mining road. At the end of the 2-kilometre provincial service road, is an undeveloped portion of Acamac Backland Road where the property at 1070 Acamac Backland Road is situated. This property was the subject of a satisfactory servicing application that Common Council denied at its meeting of September 30, 2002 due to the lack of sufficient access. Challenges with Inappropriate Access Given the lack of direct public road access, which does not meet the standards of the building and fire codes, emergency response to the site may be restricted. In addition, as no maintenance services such as snow removal are provided along the land based portions of the existing access, the expectation could exist for the City to provide such services in the future. These two issues are discussed in more detail below. -4- Emergency Access -The property does not have direct, year-round, all- weather access from a Public Street and snow removal is not provided to the Acamac Backland Road by the City as this service road is owned and maintained by the province. The Saint John Fire Department has commented that adequate emergency response can be provided to the subject sites on the condition that, as proposed, access to the sites is provided from the Acamac Backland Road. However, as staff from the provincial Department of Transportation have confirmed that they do not provide timely snow removal to the Acamac Backland Road, it may be difficult for emergency vehicles to access the site in winter. Future Roadway Ownership & Upgrades - The future expectations of property owners along a provincial service road for municipal services must also be considered. CƩƚƒ ƷŷĻ /źƷǤ͸ƭ ƦğƭƷ ĻǣƦĻƩźĻƓĭĻ ǞźƷŷ ƦƩźǝğƷĻ ğĭĭĻƭƭĻƭͲ ĻǝĻƓ ǞŷĻƓ ƦƩĻƭĻƓƷ landowners accept the condition of a substandard or private roadway and lack of other services (i.e., potential delay in emergency response, no road maintenance or snow ploughing, and no garbage collection), they, or a subsequent landowner, often seek improved service over time. If the province requires the City to own the Acamac Backland Road, the cost of maintaining and possibly upgrading the road must be borne completely by taxpayers living elsewhere in the community. Due to these constraints, lots which do not directly abut a Public Street are no longer approved by the Development Officer. Due to the lack of year-round, all-weather access and the potential for future roadway ownership and upgrades, Staff are of the opinion the development does not meet the test established in Section 2.7 (2) of the Zoning By-law in that satisfactory provision for access to the development does not exist. 5ĻƭƦźƷĻ {ƷğŅŅ͸ƭ ƩĻĭƚƒƒĻƓķğƷźƚƓ ƩĻŭğƩķźƓŭ ƷŷĻ ğƦƦƌźĭğƷźƚƓͲ {ƷğŅŅ ğƌƭƚ ƩĻĭƚƒƒĻƓķ that the applicant be granted the opportunity to address Common Council regarding the matter as the final authority with respect to the application rests with Council. This will provide for an open and transparent process and allow Common Council to pose questions regarding the matter to the applicant. Conclusion Consistent with past applications it is recommended that Council not authorize the construction of any dwelling in a remote area of the City where satisfactory access to the development is not provided. Vehicular access to the subject site can only be provided by a gravel service road owned and maintained by the Province for non-residential puƩƦƚƭĻƭ͵ ‘źƷŷƚǒƷ ƷŷĻ tƩƚǝźƓĭĻ͸ƭ ƭǒƦƦƚƩƷͲ ƷŷĻ /źƷǤ cannot approve the construction of dwellings that would propose to use such access. -5- SERVICE AND FINANCIAL OUTCOMES The future expectations of property owners along a provincial service road for municipal services are considered in the analysis of the proposal. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Department of Transportation position remains that, the portion of the Acamac Backland Road within the highway right-of-way was not intended for use to access residences. If the City approves additional development in this area the Department will transfer administration and control of the road to the City. Fire Department vehicles shall have direct access to at least one face of every building by means of a street, yard or roadway in conformance with the NBC. Building and Technical Services staff commented that the National Building Code indicates that access must be provided to the buildings (each) for fire department equipment by means of a street, private roadway or yard. Where access is by means of a private roadway or yard, the design and location of the connection has to take into consideration the weight of the fire equipment, width of road, curve radius, etc. Infrastructure Development has the following comments regarding the request to build a dwelling at 0 Free Lane and 50 Columbus Drive: The subject PIDs do not abut a public City street. No municipal services (water, sanitary, or storm sewer) are available for connection. Absolutely no storm water can be directed to adjacent lands. ATTACHMENTS O O O R E COUNCIL REPORT M&C No. 2016-187 Report Date July 05, 2016 Meeting Date July 11, 2016 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Setting of Public Hearing Date Re: Proposed Heritage Conservation Areas By-law Amendment: removal of 100 Watson Street, PID 00361535, from the King Street West Heritage Conservation Area. OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Alice Fudge Amy Poffenroth Jeff Trail RECOMMENDATION Your City Manager recommends that Common Council schedule a public hearing date of Monday July 25th, 2016 at 6:30 p.m. in the Council Chambers to consider an amendment to the Saint John Heritage Conservation Areas By-Law, which would remove the church building at 100 Watson Street, PID 00361535 from the King Street West Conservation Area, and that the necessary advertising be authorized in this regard. EXECUTIVE SUMMARY The owners of 100 Watson Street, located in the King Street West Heritage Conservation Area, have made a request to the Heritage Development Board and to Common Council to remove the Heritage designation for the property. This request, if approved by Common Council, involves consideration of an amendment to the Saint John Heritage Conservation Areas By-law HC-1 at a public hearing of Common Council. This request was discussed by the Heritage Development Board on April 20, 2016. After careful consideration of the heritage significance of the building, the staff report and recommendation and upon hearing from the applicant, the Board recommendation to Council is to deny the request. - 2 - Staff is recommending that Common Council set a public hearing date of July 25, PREVIOUS RESOLUTION On February 3, 2014 Common Council considered a request from a previous owner to remove 100 Watson Street from Heritage designation and passed the following resolution: Street from the King Street West Heritage Cons STRATEGIC ALIGNMENT REPORT BACKGROUND The building at 100 Watson Street, long and rich history in Saint John. The building and property is included in the King Street West Heritage Conservation Area, established in the Heritage By-law in October, 2007. The church grounds border King Street West, Watson and Duke Streets, and is adjacent to King Square West. Up until 2015, it was the oldest church in continuous use in Saint John. The original St. opular Georgian style with its main entrance facing King Street West. By 1840, the central tower was added along with other expansions. The mechanical clock was gifted to the church from the post office building (torn down in 1932) on Union Street West; this clock is the only mechanical clock remaining in Saint John, as others have been converted to electric. See Appendix F for more detail. DISCUSSION individuals who saw the potential for a new use for this building which has been cherished by the community for generations. The site was rezoned in 2015 from Neighbourhood Community Facility (CFN) to General Commercial (CG) to allow for commercial use. The new owners opened two new businesses in the building, a restaurant and wedding chapel. th On October 28, 2015, the owners of 100 Watson Street applied for a Heritage Permit to install two wood signs above the entrances to the new businesses. The Heritage Development Board \[HDB\] approved this application and Heritage Staff advised that it would be eligible for a Heritage Grant. - 3 - st On March 21, 2016, Mr. David McCashion, one of the owners of 100 Watson Our intention is to restore the property. We feel that the Heritage status creates burden in accomplishing this goal heritage status where it was then referred to the HDB for a recommendation. th Staff prepared a report for the HDB on the matter for the meeting of April 20, 2016. The report outlined the significance of the church building, the application history with the HDB and the process for amending the Heritage By-law. Mr. McCashion attended the meeting and contributed to discussion on the matter. He explained that there are four partners that currently own the property at 100 Watson Street and that while it is their intention to restore the building they feel that the Heritage status creates burden in accomplishing this goal. Board members questioned the applicant on the types of projects he would be proposing, to which Mr. McCashion explained they wish to repair some of the wood shingles, replace the roof, remove the vinyl siding to install wood siding, and repair/maintain the clock tower. Board members reassured Mr. McCashion that all of these projects would be encouraged by the Heritage Standards and Guidelines and would be eligible for funding through the Heritage Grant Program should he wish to apply. Mr. McCashion explained that he did not want to receive government assistance from the Grant program and felt that they could complete the projects much cheaper than if they were not bound by the Heritage By-law. The Heritage Officer and Board members clarified some misunderstandings about the Heritage Program and held further discussion with the applicant, including the opportunity for their planned projects to receive Heritage Grant funding in the future. But following the conversation, Mr. McCashion thanked the Board for their comments and reiterated that he and his partners felt it was in the best interest of their business that they have the property removed from the Heritage Conservation Area. The staff recommendation was to deny the request for removal based on the architectural and cultural significance of landmark of West Saint John and to ensure its presence in the King Street West Heritage Conservation Area for future generations. Staff and the HDB had further discussion on recommending denial for the reason that the same request had come forward two years prior from a not-for-profit organization (Anglican Church) and was denied; the current request involves the same circumstances, th however it is now a private business. At its meeting of April 20, 2016, the HDB resolved the following: Moved by Patrick McCaffrey, Seconded by Elizabeth McGahan recommend denial to Common Council for the removal of 100 Watson Street from the King Street West Heritage Conservation Area; - 4 - It is important to note that in February 2014, Common Council and the Heritage Development Board considered the same request for removal of this property from the King Street West Heritage Conservation Area. The former building St. Jud submitted a letter to the HDB requesting that the church be removed from th Heritage designation. In the letter and at the HDB meeting of August 7, 2013, the applicant outlined the reasons for this request and explained that, at the time, it was likely that the church will have to close in the next two to three years because of financial hardship. The Board held a lengthy discussion regarding the importance of the church building remaining within the West Saint They expressed the concern that removing this building from the Heritage Area would exclude it from the protection provided by the Saint John Heritage Conservation Areas By-Law and therefore opening the potential for demolition as there is always the potential for a new owner to purchase the building and use the Heritage Grant Program to assist in maintaining and restoring the building. A perceived hardship cannot be entertained for grounds of non- th compliance with a City By-law. At the meeting of August 7, 2013, the Heritage Development Board adopted the following resolution: 100 Watson Street from the King Street West Heritage Conservation Area stnd At the public hearing of February 3, 2014, Common Council denied 1 and 2 reading for the removal of 100 Watson Street, taking into consideration the RESOLVED that Common Council deny the request to remove 100 Watson Street from the King Street West Heritage Conservation Area. If Council chooses to proceed with this request for the removal of 100 Watson Street from the Heritage Conservation Area, the process requires an amendment to the Saint John Conservation Areas By-Law HC-1. The process to consider such an amendment, as set out in the Heritage Conservation Act, begins by Council st setting an advertised Public Hearing date at Common Council at which point 1 ndrd and 2 readings can be considered. At a subsequent Council meeting, the 3 final reading can be considered. The intent of the Heritage Conservation Areas By-Law is ultimately to encourage the conservation of heritage properties through proper maintenance. The Heritage Development Board has demonstrated openness to certain contemporary materials for maintenance projects, and has supported many - 5 - fitting new developments in the Heritage Area. The Heritage Grant Program is in place for financial assistance to owners who undertake conservation projects. The Board has seen great success with the uptake and positive outcomes that result from the Heritage Grant Program. It was recommended that the current owners of 100 Watson Street take advantage of this funding opportunity for the exterior work intended for the building. SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Heritage Development Board has recommended denial of the request. ATTACHMENTS Appendix A Proposed Amendment to the Heritage Conservation Areas By-law Appendix B Proposed Public Notice Appendix C - Letter from David McCashion submitted to Common Council March st 21, 2016 Appendix D - Aerial Photo of 100 Watson Street Appendix E - Map of King Street West Heritage Conservation Area Appendix F - Detailed information on St. Street O BY-LAW NUMBER HC-1ARRÊTÉ NHC-1 A LAW TO AMEND ARRÊTÉ MODIFIANT L’ARRÊTÉ THE SAINT JOHNHERITAGE CONCERNANT LES AIRES DE CONSERVATION AREAS BY-LAWCONSERVATION DU PATRIMOINE DE SAINT JOHN Be it enacted by The City of Saint Lors d'une réunion du conseil John in Common Council convened, as communal, The City of Saint John a follows:décrété ce qui suit: The Saint John Heritage L'arrêté concernant lesaires de Conservation Areas By-law, enacted on the conservation du patrimoine deSaint John, ninth day of October, A.D. 2007, is décrété le neuf (9) octobre 2007, est amended by:modifiépar: 1Amending paragraph 2(1)(g) and 1La modification du paragraphe Schedule “G”, King Street WestHeritage 2(1)(g) et de l'annexe «G», Aire de Conservation Area, by removingfrom the conservation du patrimoine de la rue King heritage conservation area a parcel of land Ouest,par la suppression d’une parcelle de having an area of approximately 1960terrain d’une superficie d’environ 1 960 square metres, including buildings and mètres carrés,comprenant les bâtiments et structures thereon, located at 100 Watson les constructions là-dessus, située au 100, Street, also identified as being PID No.rue Watson, et portant leNID 00361535. 00361535. IN WITNESS WHEREOF The City of EN FOI DE QUOI, The City of Saint John Saint John has caused the Corporate a fait apposer son sceau communal sur le Common Seal of the said City to be affixed présent arrêté le 2016, to this by-law the * day of *, A.D. 2016avec les signatures suivantes: and signed by: _______________________________________ Mayor/Maire ______________________________________ Common Clerk/Greffiercommunal First Reading-Première lecture- Second Reading-Deuxième lecture- Third Reading-Troisième lecture- AMENDMENTDE CONSERVATION DU PATRIMOINE DE SAINT JOHN RE: 100 WATSON STREET OBJET: 100, RUE WATSON Public Notice is hereby given thatthe Common Par lesprésentes,un avis public est donné par Council of The City of Saint John intends to lequel le conseil communalde The City of Saint consider amending By-law HC-1-TheSaint John John indique sonintention d’étudier la modification Heritage Conservation AreasBy-law(the “By-suivanteàl’arrêté concernant lesaires de law”) at its regularmeeting to be held in the conservation du patrimoine de Saint John,lorsde la th Council Chamber onMonday,July 252016atréunionordinairequi se tiendra dans la salle du 6:30 p.m., by:conseille lundi 25 juliet, 2016à18h30: Removing from the By-law the property located at Retirer de l’arrêté la propriété située au 100rue 100 Watson Street, also identified as PID No. Watson, etportant le NID 00372961. 00361535 REASON FOR CHANGE: RAISON DE LA MODIFICATION: Toremove the property from the King Street West Retirer la propriété de l’aire de conservation du HeritageConservation Area.patrimoinede la rue King Ouest. The proposed amendment may be inspected by any Toute personne intéressée peut examiner le projet interested person at the office of the Common de modification au bureaude lagreffière communale Clerk, or in the office of Planning and ou au bureau de l’urbanisme et du Development, City Hall, 15 Market Square, Saint développement à l’hôtel de ville au 15, Market John, N.B. between the hours of 8:30 a.m. and 4:30 Square, Saint John, N.-B., entre 8h30 et 16h30 p.m., Monday through Friday, inclusive, holidays du lundi au vendredi, sauf les jours fériés. excepted. Written objections to the amendment may be sent Veuillez faire parvenir vos objections au projet de to the undersigned at City Hall. modification par écrit à l’attention de lasoussignée à l’hôtel de ville. If you require French services for a Common Si vous avezbesoin des services en français pour Council meeting, please contact the office of the une réunion de Conseil Communal, veuillez Common Clerk.contacter le bureau de la greffière communale. JonathanTaylor, Common ClerkJonathan Taylor, Greffière communale 658-2862658-2862 APPENDIX F:Historical Information on 100 Watson Street, Saint John, NB The following documentation is from the Municipal Registration for Local Historic Places: The heritage value of St George’s Church, built for its first service on November 6, 1821, is recognized as being a part of the history of the Anglican Chruch of Canada, the Parish of Carleton, and King Street West. It is the oldest church in continuous use in Saint John. The original St. George’s Church, absent of a clock tower, was fashioned in popular Georgian style. By 1840 thechurch had a central tower with its main entrance facing King Street West. The church would undergo further changes as a major expansion began in the early 1840’s. Galleries added during this period increased seating from 270 to 600, the largest seating, at that time, of all the Anglican churches in Saint John. For the church’s centennial, in 1921, the church hall was added to the King Street entrance of the church and the tower moved to its current location facing Watson Street. The clock in St. George’s tower was given as a gift from the post office when Union Street West was torn down in 1932 due to the port expansion. Today, this clock is the only mechanical clock remaining in Saint John, as all the others have been electrified. In addition to many stained-glass windows donated to the church over the years, the Boy Scout “Pathfinder” window is the only authorized copy in North America of a painting called “The Pathfinder” by English painter Ernest S. Carlos. King Street West is located in the areaof Saint John formerly known as Carleton. Residents of Carleton made a living fishing, farming, quarrying, cutting lumber, and building ships. King Street West was a mixture of houses and merchant businesses as well as lumber yards and fish plants on itslower half. It was the commercial heart of Carleton. The lower end of King Street West disappeared as part of port expansion in 1932. King Square West is found across the street from the church and is where Gabriel Ludlow, the first mayor of the first incorporated city in Canada, is buried. King Street West hosted a number of public events including parades and a royal visit. In 1939, George VI and Queen Elizabeth, the first reigning monarchs to ever vist Canada included King Street West on their tour. CHARACTER DEFINING ELEMENTS: 100 WATSON STREET -Position of building in relation to neighbouring buildings within street context -Width and height of building mass -Tower proportions and all detailing, including; mechanical clock system, castellations, dentils, louvered shutters, clock faces, wood window and window surrounds -Wood siding and wood windows -Exterior wood detailing, including; dentils, molding at eavess -Window placement and proportions -Circular window surrounds -Woodworking throughout interior, including; pews, organ surround, all decorative woordwork in church, nave, and meeting hall -Pipe organ -All stained glass -All memoriums affixed to interior (brass plates and marble engravings) St George’s Anglican Church 1980 COUNCIL REPORT M&C No. 2016-184 Report Date July 06, 2016 Meeting Date July 11, 2016 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Saint John Water 2015 Annual Water Report OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Kendall Mason Brent McGovern Jeff Trail RECOMMENDATION It is recommended that Common Council receive and file this report summarizing the Saint John Water 2015 Annual Water Report. EXECUTIVE SUMMARY Municipalities in New Brunswick operate public drinking water systems under conditions set out in certificates of Approval to Operate drinking water treatment and distribution facilities. Developed by the Department of the Environment and Local Government (DELG), in collaboration with the Department of Health, these formal approvals set out standards for water treatment facilities, distribution systems and operators that strive to assure safe drinking water. The City of Saint John (as the Approval Holder) provides drinking water services to the public under authority of Approval to Operate W-669: Drinking Water Treatment and Distribution Facilities. This Approval to Operate was issued by the New Brunswick Minister of the Environment effective April 1, 2011, and expired March 31, 2016. A new Approval to Operate W-1332 was issued by the New Brunswick Minister of the Environment and Local Government effective April 1, 2016, and expires on March 31, 2021. The certificate of Approval to Operate is a regulatory tool designed around the multi-barrier philosophy. All municipal water systems in New Brunswick are required to abide by the various conditions set out in Approvals to Operate drinking water treatment and distribution facilities. The standards set through the various conditions strive to ensure safe and reliable drinking water for all users. Saint John Water fully endorses the philosophy behind the need for strict regulation of systems supplying such a vital public service. - 2 - ANNUAL REPORT A condition of the certificate requires submission of an Annual Report to the Department of the Environment and Local Government system regulator. The report provides pertinent technical and operating information to the regulator ems including: Monitoring results (daily/weekly/monthly data such as free chlorine residual, turbidity, pH, temperature, iron, manganese, etc.) Monthly water production Operational highlights (significant incidents and system improvements, changes, or additions); Alarm log - major alarms Summary of backflow prevention and cross-connection activities; Summary of flushing activities; Operator information (training, certifications, and staffing changes); Public relations (notifications & public education) List of major new extensions and/or renewals complete with analytical results (microbiological, organic & inorganic) PREVIOUS RESOLUTION November 2014; 2015 Utility Fund Capital Program Approved. (M&C No. 2014-188) November 2014; 2015 Utility Fund Operating Budget Approved. (M&C No. 2014-188) STRATEGIC ALIGNMENT Sustainable Infrastructure. - 3 - BACKGROUND Protective Barriers People must have water to live; good health depends on consuming adequate quantities of safe, clean drinking water. That water must be delivered, at the best cost possible, to Saint John homes, institutions and businesses in a state that is clear, colourless, odourless and free of disease-causing micro-organisms (pathogens) or harmful chemicals. The Drinking Water Service is a public service that provides drinking water to the community and is vital to the economic vitality of the region. This service includes the supply of water, treatment, testing, transmission and distribution, administration of the service, and billing and collections. Saint John Water manages its drinking water service based on the Multi-Barrier Approach from the water source to be assured through a series of protective barriers, for instance: Source (Watershed) Protection; Drinking Water Treatment; Operations and Maintenance (including staff training, development and staff levels); Monitoring and Alarms (Sampling Plan, SCADA monitoring system, and record keeping); Distribution System (residual chlorine maintenance, total coliform sampling, E. coli sampling, water quality flushing, storage reservoirs, backflow prevention and cross connection control); and Emergency Response (contingency plans, boil order responses, safety training, etc.). ANALYSIS The Saint John Water 2015 Annual Water Report, with all its attachments, consists of hundreds of pages of facts and data. Rather than table the full document with Common Council, a summarized version with selected sections is provided. A full copy of the report with all appendices is on file with the Common Clerk and available on line. Saint John Water is responsible for the delivery of water and wastewater services on behalf of the City of Saint John. In accordance with Condition 39 of the Approval to Operate, the annual water report is intended to provide the (DELG) with pertinent information relating to operation of the municipal water system. - 4 - Analytical Results The City of Saint John obtains its drinking water from primarily two watersheds Spruce Lake (west) and Loch Lomond (east). The quality of water in the lakes that make up the watersheds is important to the final quality of treated potable water, particularly with the limited treatment that is provided. To that end, Saint John Water analyzed raw water sources in the eastern water system from ten locations and in the western water system from four locations. This raw water sampling is in addition to the water quality Sampling Plan approved by the DELG. The approved Water Sampling Plan from the DELG required that samples be collected weekly at thirty five locations across the three water distribution systems and microbiologically analyzed. Twenty of the sites are required to be analyzed semi-annually for inorganic parameters and quarterly for organic parameters. In addition to the testing noted above, numerous other water parameters are tested routinely to monitor system safety and drinking water quality. Annual water production (raw and treated) during 2015 for the Spruce Lake system was approximately 34.2 billion litres, a decrease of 3.5 billion litres over 2014 annual Spruce Lake water production, which was 37.7 billion litres. A comparison of water production for previous four years can be seen in the Table below. 2015 Annual Water Production (raw and treated) Spruce Lake Annual water production (raw and treated)- Spruce Lake Production Increase/decrease from previous Year (Billion Litres) year (Billion Litres) 2015 34.2 -3.5 2014 37.7 -1.9 2013 39.6 -8.9 2012 48.5 1.4 2011 47.1 13.2 - 5 - In 2015, there was no flow from the East system crossing the Reversing Falls Bridge to the West system from May to August and again from November to December. This was to facilitate repair work on the 900 mm transmission main. During these times the entire west side was supplied from West water only, and all water delivered to Irving Pulp and Paper (IPP) flowed via the 1500 mm west raw water transmission main. While the 900 mm transmission main was in service, IPP was supplied approximately one-third from east and two-thirds from west. Annual treated water production during 2015 for the Spruce Lake system was approximately 3.45 billion litres, down from 3.69 billion litres in 2014. However, in 2015, the peak daily treated water production was 17.3 million litres, an increase from 2014 which was 15.2 million litres. Table: Spruce Lake System 2015 Treated Water Production Spruce Lake System 1 2015 Treated Water Production PEAK DAILY PRODUCTION MONTHLY PRODUCTION MONTH (Mega Litres) (Mega Litres) January 11.6 289.2 February 11.6 266.6 March 11.4 295.6 April 10.9 273.5 May 13.0 285.9 June 11.1 285.9 July 14.6 304.9 August 17.3 330.1 September 13.0 304.5 October 11.7 283.0 November 11.0 263.9 December 10.9 262.0 TOTAL 3,445.2 1 (excludes raw water to Coleson Cove and IPP) When the water level in Spruce Lake drops to approximately 60 metres above sea level, Saint John Water turns on the Musquash Pump Station and transfers water from the East Musquash watershed to Menzies Lake. This inter-basin transfer is necessary to provide for the industrial demand. A total volume of 10.548 billion litres was transferred during a total of 87 days of pumping in 2015. -basin transfers are shown in the table below. Table: Musquash Menzies Lake Interbasin Transfer Year Volume Transferred # of Operating Days - 6 - (billions of Litres) 2015 10.548 87 2014 7.197 57 2013 21.897 195 2012 21.618 218 2011 19.329 138 As noted above, for part of the 2015 calendar year all water delivered to IPP flowed via the 1500mm west raw water transmission main. Water Production: Loch Lomond System During 2015, annual water production for the Loch Lomond system (raw and treated) was 36.4 billion litres, an increase of 4.4 billion litres over 2014 Loch Lomond water production, which was 32.0 billion litres. For comparison purposes, the table below shows the total annual water production (raw and treated) for the previous four years. As mentioned above, for approximately seven months there was flow from the East system crossing the Reversing Falls Bridge to the West system. Table: 2015 Annual Water Production (raw and treated) Loch Lomond System Annual water production (raw and treated)- Loch Lomond System Production Increase/decrease from Year (Billion Litres) previous year (Billion Litres) 2015 36.4 +4.4 2014 32.0 +0.2 2013 31.8 +4.2 2012 27.6 +1.3 2011 26.3 -16.1 Figure: 2015 Loch Lomond System Monthly Production Annual treated water production for 2015 for the Loch Lomond system was approximately 33.0 billion litres, an increase of 3.4 billion litres from 2015 water production, which was 29.6 billion litres. In 2015, peak daily production was 147.1 million litres, an increase from 2014 which was 135.7 million litres. - 7 - Table: Loch Lomond System 2015 Treated Water Production Loch Lomond System 2 2015 Treated Water Production PEAK DAILY PRODUCTION MONTHLY PRODUCTION MONTH (Mega Litres) (Mega Litres) January 139.1 3,246.4 February 147.1 3,047.4 March 146.3 3,505.8 April 146.7 3,297.9 May 88.5 2,090.2 June 87.2 1,925.5 July 136.4 2,340.4 August 136.9 2,818.8 September 142.3 3,183.7 October 126.2 2,912.7 November 113.2 2,529.3 December 96.2 2,101.2 TOTAL 32,999.2 2 (excludes raw water spillage to Irving Paper) Water Production - Combined Systems Combining the 2015 average daily water production for both the western and eastern systems (excluding Harbourview Wells) shows the overall system production (east and west combined) was approximately 193 million litres per day compared to 191 million litres per day in 2014. CHEMICAL CONSUMPTION During 2015, a total of 171.5 tonnes of gaseous chlorine were purchased for the Loch Lomond System, 136.1 tonnes of sodium hypochlorite for the Spruce Lake. For comparison purposes, the table below illustrates chemical consumption for the past five years. Table: Chemical Consumptions by Year Loch Lomond Spruce Lake System - Year System - gaseous sodium hypochlorite chlorine (tonnes) (tonnes) 2015 171.5 136.1 2014 144.2 166.6 2013 158.3 158.7 2012 127.9 228.2 - 8 - 2011 128.2 206.8 2010 174.8 159.8 OPERATIONAL HIGHLIGHTS During 2015, Saint John Water administered a total of 14 water related capital projects designed to renew, clean and line and install new watermains. In summary, water works completed in 2015 capital projects included the following; cleaning and lining of approximately 3941 m of water distribution mains and renewal of approximately 2340m of water mains ranging in size from 150 mm to 250 mm, 243m of new 300mm water main, 217m of watermains ranging in size from 350mm to 450mm. Sub-division watermain extensions include 6m of new 150mm watermain and 69m of new 200mm. The carry over project from 2014 was the installation of two hydrodynamic mixing systems at the Lakewood Heights and Cottage Hill Water Storage reservoirs. In 2015, Saint John Water Staff responded to 70 watermain breaks, 2 less than 2014. The mains ranged in size from 50mm to 900mm in diameter. Saint John Water did not experience any transmission main failures that resulted in boil orders. In order to prevent a boil water order, Saint John Water repaired a leak on a 600 mm transmission main on Loch Lomond Road while it was under positive pressure and the transmission main was returned to service. Operator Training & Certification Saint John Water continues to make advances in the operation and maintenance of our water and wastewater systems and the pivotal role they play in providing for the protection of public health and the delivery of a vital service. The City of Saint John continues to work with the New Brunswick Community College Saint John in developing training programs for its water and wastewater operators. The training has been attended by City of Saint John staff, numerous other municipalities from New Brunswick and by private companies. A detailed training and certification summary is included in the annual report. SERVICE AND FINANCIAL OUTCOMES Staff have forwarded the Saint John Water 2015 Annual Water Report to the DELG and the Department of Health on behalf of the City of Saint John (Approval Holder). An electronic version of the full 2015 Annual Report is available on the City of Saint John Web site. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A - 9 - ATTACHMENTS N/A /h…b/L\[ w9thw M&C No. 2016-193 Report Date July 08, 2016 Meeting Date July 11, 2016 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: New 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 Amy Poffenroth Jeff Trail RECOMMENDATION That Common Council schedule a new public hearing concerning amendments to The Zoning By-law of The City of Saint John for Monday, October 17, 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 have been prepared by staff that more fully implement the initiatives of our award-winning One-Stop Development Shop. In May 2016 Council set a public hearing date of July 25, 2016 for consideration of these amendments. Unfortunately, translation cannot be completed until September. Therefore, a new public hearing date of October 17, 2016 is now being recommended. PREVIOUS RESOLUTION At its meeting of May 2, 2016 Council resolved: 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. - 2 - STRATEGIC ALIGNMENT facilitate investment and development in Saint John while maintaining City amendments to the Zoning By-law is a requirement of the Community Planning Act. REPORT On May 2, 2016 Council favourably considered a report concerning amendments to the Zoning By-law that more fully implemented the initiatives of our award- winning One-Stop Development Shop. At that time Council set a public hearing date of July 25, 2016 for consideration of these amendments. The amendments have been prepared by staff and sent to the translation service. Unfortunately, due to reduced capacity over the summer months, the required translation cannot be completed until September. Therefore, a new public hearing date must now be set by Council and the matter again referred to the Planning Advisory Committee for a report and recommendation. 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. COUNCIL REPORT M&C No. 2016-176 Report Date June 23, 2016 Meeting Date July 11, 2016 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Environmental Trust Fund Letters of Offer, Environmental Risk Assessment - Greenwood Wastewater Treatment Facility and Morna Heights Wastewater Treatment Facility 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: The Mayor and Common Clerk be authorized to sign the attached: Environmental Trust Fund Letter of Offer, Environmental Risk Assessment - Greenwood Wastewater Treatment Facility Environmental Trust Fund Letter of Offer, Environmental Risk Assessment - Morna Heights Wastewater Treatment Facility EXECUTIVE SUMMARY The purpose of this report is to recommend that the Mayor and Common Clerk be authorized to sign the two attached Environmental Trust Fund Letters of Offer for Environmental Risk Assessment for the Morna Heights Wastewater Treatment Facility and the Greenwood Wastewater Treatment Facility. PREVIOUS RESOLUTION November 2015; 2016 Utility Fund Capital Program Approved. (M&C No. 2015-224) - 2 - November 2015; 2016 Utility Fund Operating Budget Approved. (M&C No. 2015-224) STRATEGIC ALIGNMENT This Sustainable Infrastructure. REPORT BACKGROUND The City of Saint John has an obligation to complete an Environmental Risk Assessment for the Morna Heights Wastewater Treatment Facility and the Greenwood Wastewater Treatment Facility. The recently adopted Canada-wide Strategy for the Management of Municipal Wastewater Effluent requires a site-specific Environmental Risk Assessment be performed for all municipal wastewater effluent discharging to surface water. Included in the Environmental Risk Assessment is an effluent characterization to be completed over a one year period. The site specific Environmental Risk Assessment is critical in establishing effluent discharge objectives for each facility to protect human health and the receiving environment. Saint John Water received a letter from Hon. Brian Kenny, Minister of Environment and Local Government, Province of New Brunswick on May 20, 2016, advising that our submission to the Provincial Environmental Trust Fund had been accepted and that the City of Saint John would receive $10,000 support towards the expense of performing the Environmental Risk Assessment for Morna Heights Wastewater Treatment Facility and for the Greenwood Wastewater Treatment Facility (a combined total of $20,000). In order to receive the funds under this program, it is necessary for the Mayor and Common Clerk to sign the Letters of Offer (copy attached). PURPOSE The purpose of this report is to recommend that the Mayor and Common Clerk be authorized to sign the attached Environmental Trust Fund Letter of Offer for Environmental Risk Assessment for the Morna Heights Wastewater Treatment Facility and the Greenwood Wastewater Treatment Facility. - 3 - SERVICE AND FINANCIAL OUTCOMES The funding allocated through the Environmental Trust Fund should be sufficient to cover all costs associated with the Environmental Risk Assessments. There are no anticipated budgetary impacts to the Utility Fund. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS Environmental Trust Fund Letter of Offer, Environmental Risk Assessment - Greenwood Wastewater Treatment Facility Environmental Trust Fund Letter of Offer, Environmental Risk Assessment - Morna Heights Wastewater Treatment Facility Meeting Date July 11, 2016 Deputy Mayor McAlary and Councillors, Subject: Appointment Chief City Engineer The Committee of the Whole, having met on July 11, 2016, adopted the following resolution: that as recommended by the Committee of the Whole, having met on July 11, 2016, Common Council approves the appointment of Mr. Brian Keenan, P.Eng. to assume the position and attendant responsibilities of Chief City Engineer in addition to his current responsibilities as Deputy Commissioner, Engineering, with retroactive effect to June 14th, 2016, pursuant to subsection 74(3) of the Municipalities Act, and Management Professional Pay Scale. Sincerely, Don Darling Mayor Meeting Date July 11, 2016 Deputy Mayor McAlary and Councillors, Subject: Appointment Executive Assistant to the Mayor The Committee of the Whole, having met on July 11, 2016, adopted the following resolution: that as recommended by the Committee of the Whole, having met on July 11, 2016, that the Mayor and Common Clerk be authorized to execute the Executive Assistant employment contract with Mr. Gregory Hickman, the text of which contract was presented to Council this date, July 11, 2016, with the addition to the contract of the following: "4 (f) should membership of the Employee in the Shared Risk Pension Plan (SRPP) be mandatory, Council will make both the City's and the Employee's required contributions to the SRPP, on condition that the total annual financial obligation of the City under this contract not exceed $53,000. " and the inclusion in 4(a), immediately following the words "... commencing on...." the language: ... the date of the City's executing this c Sincerely, Don Darling Mayor THIS EMPLOYMENT CONTRACT made in duplicate this ______day of July, 2016. BY AND BETWEEN: THE CITY OF SAINT JOHN, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter OF THIS FIRST PART -and- GREGORY HICKMAN, of 352 Bay Street, Unit 2, Ottawa, Ontario K1R 6A2, hereinafter called the OF THE OTHER PART WHEREAS the Common Council of the City has determined it to be in the best interest of the City to employ an Executive Assistant providing support to the Mayor and, , to other members of Council on an equitable basis; AND WHEREAS the Employee has been chosen for this position following an open competition and thorough selection process undertaken by the Mayor Human Resources Department, which included personal interviews of several candidates; AND WHEREAS the Employee currently resides in Ottawa, Ontario but will be obligated to establish residency within a forty (40) kilometre distance of City Hall prior to commencing his employment with the City; NOW THEREFORE THIS AGREEMENT WITNESSETH that the parties hereto for and inconsideration of these presents and other valuable consideration, the receipt whereof is hereby acknowledged, agree each with the other as follows: 1. The Employee hereby agrees to discharge the duties and responsibilities and perform the functions outlined in the Job Description attached hereto and forming a part hereof as . 2. In addition to the functions outlined in , the Employee hereby acknowledges that as a result of his/her position under this agreement, he/she shall become aware of certain confidential and/or proprietary information of the City. The Employee agrees to maintain in strict confidence and not to disclose, directly or indirectly, to any person, firm, corporation, consortium or other entity whatsoever any information of a confidential and/or proprietary nature (whether verbal, written or communicated in any other form or medium whatsoever) which he/she receives as a result of his or her position with the City. For greater clarity, it is understood that the confidentiality obligations contained herein are subject to any disclosure required by law. It is also understood that information which forms part of the public domain shall not be considered confidential information for the purposes hereof provided that such information did not enter the public domain as a result of a breach of this agreement or a breach of any similar confidentiality obligations owed to the City by another party. 3. forty (40) hours, the scheduling of which shall be at the discretion of the Mayor of the City. In the event that the number of hours worked in a week exceeds forty (40), then the Mayor may grant compensatory time off with pay as he determines reasonable in the circumstances. 4. The City shall, described and referred to herein, compensate the Employee as follows: a) The salary of $40,000.00 per year for the twelve (12) months commencing on \[INSERT START DATE\] and is payable weekly in 52 equal amounts; b) For the twelve (12) month period commencing immediately following that described in subparagraph (a) hereof, the salary of $40,800.00 per year that is payable weekly in 52 equal amounts: c) For the twelve (12) month period commencing immediately following that described in subparagraph (b) hereof, the salary of $41,616.00 per year that is payable weekly in 52 equal amounts: d) For the remaining period of this agreement commencing immediately following that described in subparagraph (c) hereof and concluding on the day immediately preceding the first meeting of Council elected at the quadrennial election of 2020, the salary of $42,448.32 per year that is payable weekly in 52 equal amounts; and e) An amount of six (6%) percent annually in lieu of Health, Dental, Group Life and City Pension participation to be paid on the anniversary date of this Agreement. \[SEE EMAIL NOTE WILL DEPEND ON ANSWER FROM ANDREA KANE\] 5. The City shall provide the Employee with three (3) weeks paid annual vacation. 6. It is hereby agreed and understood that the Employee is entitled to only the compensation and benefits expressly provided for herein. 7. (a) Subject to subparagraph (b) hereof, this agreement shall commence upon its being duly executed by both parties hereto and shall expire on the day immediately preceding the first meeting of the Council elected in the quadrennial election of 2020; (b) Notwithstanding the provisions of subparagraph (a) hereof, either party may, upon forty-five (45) calendar days written notice given to the other, terminate this agreement without penalty; and (c) Notwithstanding the provisions of subparagraph (a) and (b) hereof, the City may, in lieu of providing the written notice specified in subparagraph (b) hereof, choose to pay to the Employee the lump sum equivalent of forty-five (45) calendar days pay, calculated pursuant to the terms of this agreement, in order to terminate this agreement with immediate effect. (d) The giving by the City of the written notice specified in subparagraph (a) hereof or the making by the City of a payment in lieu of notice pursuant to subparagraph (b) hereof respecting the termination of this agreement shall: (1) be deemed to discharge any statutory obligations owed by the City to the Employee respecting notice, as stipulated in section 30 of the New Brunswick Employment Standards Act, 1982 S.N.B. c. E-7.2, and (2) preclude the Employee from being eligible to pursue or receive any damages at common law respecting or otherwise arising from the termination of this agreement. (c) Any notice herein provided or permitted to be given by the Employee to the City shall be sufficiently given if delivered personally to the Common Clerk of the City, or if mailed in Canada, registered and postage prepaid, addressed to the City at: C/O The Common Clerk, City of Saint John, P.O. Box 1971, 15 Market Square, Saint John, New Brunswick, E2L 4L1; and any notice herein provided or permitted to be given by the City to the Employee shall be sufficiently given if delivered personally of if mailed in Canada, registered and postage prepaid, addressed to the Employee at the address he has established and conclusively deemed to have been given on the day on which such notice is delivered or on the third day that there is postal delivery following the day on which such notice is mailed, as the case may be. Either party may at any time give notice in writing to the other of any change of address of the party giving such notice and from and after the giving of such notice and as often as the same shall happen the address therein specified shall pertain to any request, statement or other writing in this Employment Contract provided or permitted to be given by the City to the Employee or by the Employee to the City. 8. The Employee hereby acknowledges that he/she has reviewed this agreement carefully and has been given a fair and reasonable opportunity by the City to seek independent legal advice respecting this agreement prior to executing same. IN WITNESS WHEREOF the parties hereto have duly executed these presents the day and year first above written. SIGNED, SEALED & DELIVERED ) ) ) THE CITY OF SAINT JOHN ) ) ) ) _______________________________ ) Mayor ) ) ) _______________________________ ) Common Clerk ) ) Common Council Resolution: ) ) ) ) ) ) ____________________________ ) Witness ) ______________________________ ) GREGORY HICKMAN )