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2017-02-06_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, February 6, 2017 6:00 pm Council Chamber Committee of the Whole 1. Call to Order Si vous avez besoin des services en fran�ais pour une r6union de Conseil Communal, veuillez contacter le bureau de la greffi&re communale 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 section 10 of the Municipalities Act and Council/Committee will make a decision(s) in that respect in Open Session: 4:30 p.m. 8th Floor Boardroom City Hall 1.1 Approval of Minutes 10.2(4) 1.2 Financial Matter 10.2(4)(c) 1.3 Land Matter 10.2(4)(4) 1.4 Financial Matter 10.2(4)(c) 1.5 Land Matter 10.2(4)(4) 1.6 Legal Matter 10.2(4)(f) 1.7 Legal Matter 10.2(4)(b,f,g,j) 1.8 Legal Matter 10.2(4)(f,g,i) 1.9 Confidential Information 10.2(4)(e) 1.10 Financial Matter 10.2(4)(c) 1.11 Financial Matter 10.2(4)(c) 1.12 Personal Matter 10.2(4)(b) Regular Meeting 1. Call to Order 2. Approval of Minutes 2.1 Minutes of January 23, 2017 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Saint John Board of Police Commissioners 2017 Executive (Recommendation: Receive for Information) 5.2 Saint John Free Public Library Request for Proclamation re: Freedom to Read Week (Recommendation: Refer to Clerk to prepare proclamation) 5.3 Proposed Public Hearing Date — 139 Bay Crescent Drive and 28-36 Carmenthen Street and 25 Wentworth Street (Recommendation in Report) 5.4 Engineering Services — Musquash Water Pumping Station — Electrical Substation Upgrades (Recommendation in Report) 5.5 J. Pearce Letter re: Canada's Historic Places (Recommendation: Mayor to write letter of support) 5.6 P. Ram Letter — Horseshoe League Management Committee Request for Space (Recommendation: Refer to City Manager) 5.7 Contract No. 2017-1: 1500mm Dia. Raw Water Transmission Main Pipe Repairs (Recommendation in Report) 5.8 Contract No. 2017-2: 1500mm Diameter and 1350 mm Diameter Raw Water Transmission Main Electromagnetic Inspection (Recommendation in Report) 5.9 Engineering Services — Morna Heights and Greenwood Subdivision — Wastewater Treatment Facility Upgrades (Recommendation in Report) 5.10 Spring Debenture Issue — Notice of Motion (Recommendation in Report) 5.11 Canadian Red Cross re: Canadian Red Cross Pink Day (Recommendation: Receive for Information) 5.12 Canada Games Aquatic Centre Request to Present (Recommendation: Refer to the Clerk to Schedule) 5.13 Jeux de 1'Acadie — Launch of the Selection Process for the Host Municipality of the 41" "Finale des Jeux de 1'Acadie" in 2020 (Recommendation: Refer to Discover Saint John) 6. Members Comments 7. Proclamation 7.1 Heritage Week February 13-20, 2017 and Heritage Day February 20, 2017 7.2 White Cane Week February 5-11, 2017 8. Delegations / Presentations 8.1 Saint John Theatre Company 9. Public Hearings — 6:30 pm 9.1 Proposed Section 39 Amendment — 50 Carleton Street 10. Consideration of By-laws 10.1 Public Presentation — Proposed Municipal Plan Amendment 180 Cosy Lake Road 11. Submissions by Council Members 11.1 Training for Appointees to City ABCs (Councillor Sullivan) 11.2 Zoning Bylaw Standards to address Seasonal Car Shelters (Councillor Reardon) 12. Business Matters — Municipal Officers 12.1 Memorandum of Understanding (MOU) between the New Brunswick Community College and the City of Saint John 12.2 Freedom of the City 12.3 Procedural By -Law Amendments 13. Committee Reports 13.1 Community Grants Committee: 2017 Community Grant Recommendations 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 17. Committee of the Whole 17.1 City Market — Linja Consumers Canada Ltd. — Outstanding Rent 17.2 Peel Plaza Surplus Properties Saint John Non -Profit Housing Incorporated 17.3 Sale of Land and Building at 50 Carleton Street 17.4 Consideration of Subdivision of Land and Sale of Parcel 17.5 An Act Respecting the Saint John Firefighters Association — Application to the Court of Queen's Bench of New Brunswick 17.6 IAFF Local 771 v. The City of Saint John in the matter of the Industrial Act and in the matter of a Staffing Grievance 18. Adjournment Ville de Saint John Seance du conseil communal Le fundi 6 f6vrier 2017 18 h, Salle du conseil Comit6 pl6nier 1. Ouverture de la s6ance Si vous souhaitez obtenir des services en fran�ais pour une s6ance du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. Chacun des points suivants, en totalite ou en partie, peut faire 1'objet d'une discussion en prive en vertu des dispositions prevues a Particle 10 de la Loi sur les municipalites. Le conseil/comite prendra une ou des d6cisions a cet egard au cours de la s6ance publique 16 h 30 - Salle de conf6rence, 8e 6tage, h6tel de ville 1.13 Approbation du proces-verbal - paragraphe 10.2(4) 1.14 Question financiere - alinea 10.2(4)c) 1.15 Question relative aux biens-fonds - alinea 10.2(4)d) 1.16 Question financiere - alinea 10.2(4)c) 1.17 Question relative aux biens-fonds - alinea 10.2(4)d) 1.18 Question juridique - alinea 10.2(4)j) 1.19 Question juridique - alineas 10.2(4)b) j) g) j) 1.20 Question juridique - alinea 10.2(4)j) g) i) 1.21 Question confidentielle - alinea 10.2(4)e) 1.22 Question financiere - alinea 10.2(4)c) 1.23 Question financiere - alinea 10.2(4)c) 1.24 Question relative au personnel - alinea 10.2(4)b) S6ance ordinaire 1. Ouverture de la s6ance 2. Adoption du proces-verbal 2.1 Proces-verbal du 23 janvier 2017 3. Adoption de Pordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a Papprobation du conseil 5.1 Bureau des commissaires de la police de Saint John - Direction pour 2017 (recommandation : accepter a titre informatif) 5.2 Demande de la bibliotheque publique de Saint John pour la proclamation concernant la Semaine de lecture en toute liberte (recommandation transmettre au greffier pour qu'une proclamation soit redigee) 5.3 Date propose de F audience publique — 139, promenade Bay Crescent, 28- 36, rue Carmenthen, et 25, rue Wentworth (recommandation figurant au rapport) 5.4 Services d'ing&nierie — Poste de pompage de Peau de Musquash — Modernisation de la sous -station 6lectrique (recommandation figurant au rapport) 5.5 Lettre de J. Pearce au suj et des lieux patrimoniaux du Canada (recommandation : r6daction d'une lettre d'appui par le maire) 5.6 Lettre de P. Ram, du Comit& de gestion de la ligue de fer a cheval au sujet d'une demande d'espace (recommandation : transmettre au directeur g&n&ral) 5.7 Contrat ri 2017-1 : relatif a la r6paration d'une conduite d'eau brute principale de 1 500 mm de diametre (recommandation figurant au rapport) 5.8 Contrat no 2017-2 : relatif a Finspection 6lectromagn&tique d'une conduite d'eau brute principale de 1 500 mm et 1 350 mm de diametre (recommandation figurant au rapport) 5.9 Services d'ing&nierie — Lotissement Morna Heights et lotissement Greenwood — Modernisation de Finstallation de traitement des eaux uses (recommandation figurant au rapport) 5.10 Emission d'obligations du printemps — Avis de motion (recommandation figurant au rapport) 5.11 La Croix -Rouge canadienne : relatif a la Journ&e du chandail rose de la Croix -Rouge canadienne (recommandation : accepter a titre informatif) 5.12 Le Centre aquatique des j eux du Canada: demande visant a se pr&senter levant le conseil (recommandation : transmettre a la greffi6re pour qu'une date soit fixe) 5.13 Jeux de 1'Acadie — Lancement du processus de s6lection pour la municipalit& qui accueillera la 41' « Finale des Jeux de 1'Acadie » en 2020 (recommandation : transmettre a D&couvrez Saint John) 6. Commentaires pr6sent6s par les membres 7. Proclamation 7.1 La Semaine du Patrimoine, du 13 au 20 f&vrier 2017, et la Fete du Patrimoine, le 20 f6vrier 2017 7.2 Semaine de la Canne Blanche, du 5 au 11 f6vrier 2017 8. D616gations et pr6sentations 8.1 Saint John Theatre Company 9. Audiences publiques —18 It 30 9.1 Modification proposee aux conditions imposees par Particle 39 — 50, rue Carleton 10. Etude des arretes municipaux 10.1 Presentation publique — Modification du plan d'amenagement du 180, route Cozy Lake 11. Interventions des membres du conseil 11.1 Formation pour les candidats aux agences/commissions/comites de la Ville (conseiller Sullivan) 11.2 Les normes de 1'Arrete de zonage par rapport aux abris d'automobiles saisonniers (conseillere Reardon) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Protocole d' entente (PE) entre le College communautaire du Nouveau - Brunswick et la ville de Saint John 12.2 Droit de cite 12.3 Modifications de 1' arrete procedural 13. Rapports deposes par les comites 13.1 Comite des subventions communautaires : recommandations relativement aux subventions communautaires de 2017 14. Etude des sujets ecartes des questions soumises a Papprobation du Bureau 15. Correspondance generale 16. Ordre du jour supplementaire 17. Comite plenier 17.1 Marche municipal — Linja Consumers Canada Ltd. — Loyer impaye 17.2 Surplus de terrains de la place Peel, Saint John Non - Profit Housing Incorporated 17.3 Vente du terrain et du batiment du 50, rue Carleton 17.4 Etude du lotissement des terrains et de la vente de parcelles 17.5 Loi relative a la Saint John Firefighters Association — Demande a 1'endroit de la Cour du Banc de la Reine du Nouveau -Brunswick 17.6 La section locale 771 de 1'Association internationale des pompiers contre la Ville de Saint John dans 1'affaire de la Loi industrielle relativement a un grief en matiere de flotation en personnel 18. Levee de la s6ance MINUTES—REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN JANUARY 23, 2017 AT 6:00 PM IN THE COUNCIL CHAMBER Present: Mayor D. Darling Deputy Mayor S. McAlary Councillor -at -Large Gary Sullivan Councillor Ward 1 Blake Armstrong Councillor Ward 1 Greg Norton Councillor Ward 2 John MacKenzie Councillor Ward 2 Sean Casey Councillor Ward 3 Gerry Lowe Councillor Ward 3 Donna Reardon Councillor Ward 4 David Merrithew Absent: Councillor Ward 4 Ray Strowbridge Also Present: City Manager J. Trail Deputy City Manager N. Jacobsen City Solicitor J. Nugent Commissioner of Finance and Treasurer K. Fudge Commissioner of Growth and Community Development J. Hamilton Commissioner Transportation and Environment M. Hugenholtz Commissioner Saint John Water B. McGovern Fire Chief K. Clifford Police Chief J. Bates Common Clerk J. Taylor Deputy Common Clerk P. Anglin 1. Call to Order Mayor Darling called the meeting to order. 2. Approval of Minutes 2.1 Minutes of December 12. 2016 Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the minutes of the meeting of Common Council, held on December 12, 2016, be approved. MOTION CARRIED. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the minutes of the meeting of Common Council, held on January 9, 2017, be approved. LTA 100000114Y1ilk]ilk] Iif91 3. Approval of Agenda Moved by Councillor Merrithew, seconded by Deputy Mayor McAlary: RESOLVED that the agenda of this meeting be approved with the addition of the following items: 17.1 Management / Professional Employee Terms and Conditions of Employment and Recommended 2017 Annual Economic Increase.- 17.2 ncrease;17.2 Consideration of Sale of a Portion of Land for Public Purposes — Portion of PID # 55151328 Fronting on Mark Drive; 17.3 Nominating Committee — Recommended Appointments to Committees; and, 17.4 Contract No. 2013-08 Honeysuckle/Sherbrooke Basin Storm Sewer Improvements Phase 2 - Galbraith Construction Ltd., Prime Contractor. MOTION CARRIED. 4. Disclosures of Conflict of Interest Councillors Norton and Sullivan declared a conflict of interest with item 8.1— Anglophone South School District (ASD -S) Multi-year Infrastructure Planning — Central Saint John Schools Presentation. S. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M&C 2017-007: Contract No. 2016-18: Lower Cove Loop - Check Valve Installation, the contract be awarded to the low Tenderer, Fairville Construction Ltd., at the tendered price of $98,543.50 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.2 That the letter from the New Brunswick Black History Society re changing of Names for some areas in West Saint John and Lorneville be referred to the Mayor's office to write a letter of support to the province. 5.3 That as recommended by the City Manager in the submitted report M&C 2017-006: Winter Maintenance Agreement with New Brunswick Housing Corporation, Common Council approve: 1) the Licence for a two-year contract with the New Brunswick Housing Corporation for the purpose of winter maintenance on portions of the City's ROW, be accepted; and, 2) the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.4 That as recommended by the City Manager in the submitted report M&C 2017-010: Borrowing Resolutions, Common Council adopt the following resolution: 1. The Commissioner of Finance is herebv authorized to borrow, on behalf of meet current expenditures for the year 2017. 2. That the Commissioner of Finance is hereby authorized to borrow, on behalf of the City of Saint John (the Corporation), from the Bank of Nova Scotia (the Bank) from time to time by way of direct advances by Promissory Notes, a sum or sums not exceeding at any one time twenty five million dollars ($25,000,000) to meet capital expenditures for the year 2017. 5.5 That the letter from P. Tippett requesting to meet with staff from the Water Department be referred to the City Manager. 5.6 That the letter from D. Dobbelsteyn re PRO Kids Advisory Committee Executive for 2017 be received for information. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. MOTION CARRIED. 6. Members Comments Council members commented on various community events. 7. Proclamation 8. Delegations/Presentations (Councillors Norton and Sullivan withdrew from the meeting) 8.1 Anglophone South School District (ASD -S) Multi-year Infrastructure Planning — Central Saint John Schools Presentation Referring to the submitted report entitled, Anglophone South School District (ASD -S) Multi-year Infrastructure Planning — Central Saint John Schools Presentation, Rob Fowler of the District Education Council and Superintendent Zoe Watson presented on the ASD -S infrastructure plan, and intended course of action based on the Ernst & Young recommendations for school closures, amalgamations and the recommendation to build a new middle school for central Saint John. Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the presentation by the ASD -S be received for information. MOTION CARRIED. (Councillors Norton and Sullivan re-entered the meeting) 8.2 Construction Association of New Brunswick Saint John Region Presentation The City Manager discussed the City's perspective to maximize competition in the tendering process in the public environment. Publishing the plan takers list may reduce the competition. - _- _ - -__- _ __-_ ._ I _ - -- -- .- _ - -_ _ _ _ _ _J _ Brunswick Saint John Region, Rob Carvell, President Construction Association of New Brunswick — Saint John Region and Paul Cole, Chair, Specification Review Committee requested that the City disclose the "plan takers" list on each individual project. Moved by Councillor Norton, seconded by Councillor Merrithew: RESOLVED that the presentation entitled Construction Association of New Brunswick Saint John Region be referred to the City Manager for a report. MOTION CARRIED with Councillor Casey voting nay. 9. Public Hearings 6:30 PM 10. Consideration of By-laws 10.1 Business Improvement Levy Bylaw Amendment (3rd Reading) Moved by Councillor Sullivan, seconded by Deputy Mayor McAlary: RESOLVED that the by-law entitled, "A Law to Amend By -Law Number BIA-2 Business Improvement Levy By -Law", by applying a levy of 16 cents for each one hundred dollars of assessed value for 2017, be read. MOTION CARRIED. The by-law entitled, "By -Law Number BIA-2 Business Improvement Levy By -Law," was read in its entirety. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "A Law to Amend By -Law Number BIA-2 Business Improvement Levy By -Law", by applying a levy of 16 cents for each one hundred dollars of assessed value for 2017, be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the by-law entitled, "By -Law Number BIA-2 Business Improvement Levy By -Law." 11. Submissions by Council Members 11.1 Noise Bylaw (Deputy Mayor McAlary) 15.1 Sam Mackay re: the Canterbury Lounge — Noise Bylaw The City Manager commented that the issue of noise and the co -location of entertainment businesses and residence impacts in zoning plans. The Neighbourhood Plan would address and review the impacts. The City Solicitor commented on the policy issue of noise and the matter before the court and cautioned that is not appropriate to discuss the fine and charges currently before the court. The Commissioner of Growth and Community Planning stated the Neighbourhood Plan presents a holistic and integrated approach to mixed use and common ground solutions. The plan engagement process will have many stakeholders including the police. ILTA I 11000[GLI101011191 12. Business Matters - Municipal Officers 12.1 Central Peninsula Neighbourhood Plan — Neighbourhood Action Team & RFP Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that as recommended by the City Manager in the submitted report M&C 2017-005: Central Peninsula Neighbourhood Plan — Neighbourhood Action Team & RFP, Common Council: 1. Approve the creation of the Neighbourhood Action Team for the Central Peninsula Neighbourhood Plan and direct Community Planning staff to launch a recruitment effort to fill the proposed 11 seats that will comprise the Neighbourhood Action Team and refer a list of candidates to the Nominating Committee; 2. Request that Uptown Saint John identify one of its members to sit on the Neighbourhood Action Team for the Central Peninsula Neighbourhood Plan and refer his/her name to the Nominating Committee; 3. Appointment of the two Ward 3 Councillors to the Neighbourhood Action Team for the Central Peninsula Neighbourhood Plan; and 4. Authorize Community Planning staff to issue an RFP for consulting services in support of the Central Peninsula Neighbourhood Plan. MOTION CARRIED with Councillor Merrithew voting nay. 12.2 Project Performance Update — Safe Clean Drinking Water Project Referring to the submitted report entitled, Project Performance Update—Safe Clean Drinking Water Project, Dean Price provided the update for the three month period October — December 2016 stating that the project is on track and on budget to meet the completion timeline November 30, 2018. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the submitted report entitled M&C 2017-004: "Project Performance Update — Safe Clean Drinking Water Project", be received for information. MOTION CARRIED. 12.3 Equitable Property Taxation Review The City Manager commented that the pre-eminent expertise of the proposed consultants is very extensive and the individuals have knowledge of best practices across the country and that the City would receive good value from the engagement. Recommendations with outcomes that are beyond existing legislation could be exchanged with the Province. Referring to the submitted report entitled Equitable Property Taxation Review the Finance Commissioner reiterated the terms of reference / deliverables that were made by resolution of Council on November 28th 2016 as follows: Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that as recommended by the City Manager in the submitted report entitled M&C 2017-013: Equitable Property Taxation Review, the City engage Harry Kitchen and Enid Slack to prepare a report to assess whether taxation is fair and equitable amongst residents, commercial business, institutions and industry as well as to make recommendations based on best practices to address any inequities identified in the analysis. MOTION CARRIED with Councillor Sullivan voting nay. Councillor Sullivan stated that he is concerned with spending $25,000 to find a solution when the local university, Urban Studies Department, could be engaged in order to get the information and that recommendations may be beyond the City's scope and these opportunities should be carried forward to the Province. 12.4 Vehicle Policies and Fleet Business Model Referring to the submitted report entitled Vehicle Policies and Fleet Business Model, Deputy Commissioner I. Fogan outlined the proposed Vehicle Policy Statement and Fleet Business Model. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that as recommended by the City Manager in the submitted report entitled M&C2017-012: Vehicle Policies and Fleet Business Model, Common Council approve the Policy Statements submitted as Appendix A, "Fleet Management" and as Appendix B: "Vehicle Assignment" and rescind "Vehicle Policy" adopted November 26, 1990 and all its subsequent amendments. MOTION CARRIED. 13. Committee Reports 13.1 Growth Committee Update Referring to the submitted slide entitled Growth Committee September 2016— April2017, the Mayor, Chair of the Growth Committee, outlined the work of the committee to develop the Growth Plan / roadmap and the work underway. The Growth Plan is a deliverable that will address long term actions. Moved by Deputy Mayor McAlary, seconded by Councillor Lowe: RESOLVED that the report entitled Growth Committee Update be received for information. MOTION CARRIED. 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 17. Committee of the Whole Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that as recommended by the Committee of the Whole, having met on January 23, 2017, Common Council approve: 1. The updated Terms and Conditions of Employment for Management/ Professional Personnel as per Attachment D, with an effective date of January 24, 2017; and, 2. A 2.0% annual adjustment to the City's Management / Professional Pay Scale, retroactive to January 1, 2017. MOTION CARRIED. 17.2 Land Matter 10.2(4)(c,d) — Consideration of Sale of a Portion of Land for Public Purposes — Portion of PID # 55151328 Fronting on Mark Drive Moved by Councillor MacKenzie, seconded by Councillor Reardon: RESOLVED that as recommended by the Committee of the Whole, having met on January 23, 2017, Common Council approve the following resolution: 1. That Common Council seek the concurrence of the Planning Advisory Committee to sell a 166 square metres +/- portion of Land for Public Purposes being designated PID # 55151328; 2. Provided that Planning Advisory Committee concur, The City of Saint John sell to Norman Joseph Daley the said 166 square metre +/- portion of City land upon the terms and conditions set out in the Agreement of Purchase and Sale attached to M&C #2017-008; and 3. That the Mayor and Common Clerk be authorized to execute all required documentation. MOTION CARRIED. 17.3 Nominating Committee 10.2(4)(b) - Recommended Appointments to Committees Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that as recommended by the Committee of the Whole, having met on January 23, 2017, Common Council approve the following appointments: Jeux Canada Games Foundation: to re -appoint Kelly Manning and Jeff White for a three year term from March 3, 2017 to March 3, 2020. Carleton Community Centre Advisory Board: to re -appoint Chuck Edison, David O'Toole, Mary Ann O'Hara, Larry Gautreau, Stephanie Guimond, Rhoda Welschman and Megan Colwell for a two year term from January 23, 2017 to January 23, 2019; to appoint Paul Beale for a two year term from January 23, 2017 to January 23, 2019. Discover Saint John: to re -appoint Ray Gracewood for a three year term from January 23, 2017 to January 23, 2020. Fort LaTour Development Authority: Notwithstanding the policy adopted by Common Council on October 29, 2012 regarding appointments to agencies, boards and commissions Beth Kellv and Helene Williams be re -appointed for a _o_ - _ __ _1 _ _ - _ _ _ _- I- I- _ - __ . - - _ i -1 _ Hewitt, for a three year term from March 3, 2017 to March 3, 2020. Imperial Theatre: to re -appoint Joanna Everitt for a three year term from March 3, 2017 to March 3, 2020. Saint John Development Corporation: to re -appoint Patrick Oland, Monica Adair, Jane McEachern and Bruce Phillips each for a three year term from March 3, 2017 to March 3, 2020. Saint John Industrial Parks: to re -appoint Stephan Bolduc for a three year term from March 3 2017 to March 3, 2020; to re -appoint William Ryan for a three year term July 7, 2017 to July 7, 2020. Saint John Substandard Properties Appeal Committee: to appoint John Gillis for a three year term from January 23, 2017 to January 23, 2020 Pension Board of Trustees: to re -appoint John de Gruyter and Alan Lock each for a two year term from February 1, 2017 to February 1, 2019; to re -appoint Ian Polley and Cheryl Nolan each for a four year term from February 1, 2017 to February 1, 2021. MOTION CARRIED. 17.4 Contract No. 2013-08 Honeysuckle/Sherbrooke Basin Storm Sewer Improvements Phase 2 - Galbraith Construction Ltd., Prime Contractor Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that as recommended by the Committee of the Whole having met on January 23, 2017, Common Council adopt the following resolution: RESOLVED that the City accept the Maintenance Bond provided by Galbraith Construction Ltd. respecting Contract No. 2013-08 Honeysuckle / Sherbrooke Drainage Basin Storm Sewer Improvements Phase 3, which Maintenance Bond has been issued by Aviva Insurance Company of Canada in the amount of One Hundred and Thirty -Five Thousand Dollars ($135,000,00) and which expires on the 15th day of March, 2019. MOTION CARRIED. 18. Adjournment Moved by Councillor MacKenzie, seconded by Councillor Armstrong: RESOLVED that the meeting of Common Council held on January 23, 2017 be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 9:15 p.m. Mayor / maire Common Clerk/ greffier communal �':��.,_ SAINT JOHN BOARD OF POLICE COMMISSIONERS ONE Peel Plaza, E2L OEl PO Box 1971 Saint John, New Brunswick Canada E2L 4L1 Bureau des Commissaires du Service de Police de Saint John C.P. 1971 Saint John Nouveau -Brunswick Canada E2L 4L1 JENNIFER CARHART Chair/ President BRIAN BOUDREAU Vice Chair/Vice President MIKE HAYCOX Secretary/Secretaire MAYOR DON DARLING Commissioner/Commissaire GARY SULLIVAN Commissioner/Commissaire ANNE -MARIE MULLIN Commissioner/Commissaire WILLIAM THOMPSON Commissioner/Commissaire Commissioner/Commissaire JOHN T. W. BATES, M.O.M Chief of Police/ Chef de Police DAPHNE WAYE Executive Administrator/ Secretaire Administrative Telephone/Telephone: (506) 648-3324 E-mail/Courriel: policecommission(o) saintiohn. ca Explore our past/ Explorez notre passe Discover your future/ Decouvrez votre avenir January 11, 2017 Mayor Don Darling, and Members of Common Council Your Worship and Councillors: Re: Saint John Board of Police Commissioners 2017 Executive At the January 10, 2017 meeting of the Saint John Board of Police Commissioners, the following members were elected to serve as the Executive for 2017: Chair: Jennifer Carhart Vice -Chair: Brian Boudreau Secretary: Michael (Mike) Haycox Respectfully submitted, Jennifer Carhart, Chair Saint John Board of Police Commissioners JC/dew iM January 31, 2017 His Worship, Mayor Don Darling and Members of Common Council City of Saint John PO Box 1971 Saint John, NB E2L 41_1 Your Worship and Councillors: On behalf of the Board of the Saint John Free Public Library, I am writing to ask that you consider declaring February 26 to March 4, 2017 Freedom to Read Week in Saint John. In support of Freedom to Read Week, the Central Library in Market Square will be featuring a display of banned and challenged books during the month of February. You may be interested to know that the following books have been challenged in Canada: Bridge to Terabithia by Katherine Paterson Catcher in the Rye by J.D. Salinger Gossip Girl by Cecily Von Ziegesar The Handmaid's Tale by Margaret Atwood Huckleberry Finn by Mark Twain Lives of Girls and Women by Alice Munro Of Mice and Men by John Steinbeck Underground to Canada by Barbara Smucker The following declaration has been provided by the national Freedom of Expression Committee and will be used around the country. It is our hope that you will add the voice of Saint John to this national initiative and make this proclamation for our city: FREEDOM TO READ WHEREAS the right to pursue the truth through free inquiry is essential to democratic decision-making; and whereas the freedom to read is the essence of free inquiry; and whereas the freedom to read is under assault from left and right in our society; therefore be it resolved that Saint John Common Council recognizes, reaffirms, and defends the right of the citizens of this community individually to decide what he or she will or will not read (the freedom to read); and further in support of this resolution, this Council, on behalf of the citizens of Saint John, proclaims this city henceforth a Freedom to Read Zone in which the freedom to read is inviolable. I encourage you to visit the Freedom to Read website to view lists of banned and challenged materials, articles and other important information: http://www.freedomtoread.ca As always, I would be happy to provide more information or to answer any questions. Sincerely yours, �1i1✓ilP, ���"r�%�d� an��iZ Joann Hamilton -Barry, City Librarian and Board Secretary B,1BLJ0TNf,QUE PUBLIQUE DE SAINT f101I EE PUBLIC LIBRARY CANADA'S FIRST FREE PUBLIC LIBRARY— ESTABLISHED IN 1883 ( LA PtIMIERE BIBLIOTHEQUE PUBLIQUE GRATUITE AU CANADA— FONDEE EN 1883 1 MARKET SQUARE, SAINT JOHN, NB E2L4Z6 T: S06-643-7236 F: S06-643-7225 SJFPL@GNB.CA WWW.SAINTJOHNLIBRARY.CA COUNCIL REPORT M&C No. 2017-023 Report Date January 30, 2017 Meeting Date February 06, 2017 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Proposed Public Hearing Date —139 Bay Crescent Drive and 28-36 Carmarthen Street and 25 Wentworth Street OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Mark Reade Jacqueline Hamilton m I Jeff Trail RECOMMENDATION That Common Council schedule the public hearing for the rezoning application of The City of Saint John (Growth and Community Development Services on behalf of Saint John Water) (139 Bay Crescent Drive) and the Section 39 amendment application of Hughes Surveys and Consultants Inc. on behalf of J.D. Irving Ltd. (28-36 Carmarthen Street and 25 Wentworth Street) for Monday, March 6, 2017 at 6:30 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for a report and recommendation. EXECUTIVE SUMMARY The purpose of this report is to advise Common Council of the rezoning and Section 39 amendment applications received and to recommend an appropriate public hearing date. The next available public hearing date is Monday, March 6, 2017. PREVIOUS RESOLUTION At its meeting of August 3, 2004, Common Council resolved that: 1. the Commissioner of Planning and Development receive all applications for amendments to the Zoning By-law and Section 39 resolutions/ agreements and proceed to prepare the required advertisements; and 2. when applications are received a report will be prepared recommending the appropriate resolution setting the time and place for public hearings and be referred to the Planning Advisory Committee as required by the Community Planning Act. 12 -2 - STRATEGIC ALIGNMENT While the holding of public hearings for proposed rezoning and Section 39 amendments is a legislative requirement of the Community Planning Act, it is also a key component of a clear and consistent land development processes envisioned in the One Stop Development Shop Program. These processes provide transparency and predictability for the development community and City residents. On a broader note, the development approvals process works towards fulfilling key Council priorities including: ■ ensuring Saint John has a competitive business environment for investment, ■ supporting business retention and attraction; and ■ driving development in accordance with PlanSJ which creates the density required for efficient infrastructure and services. REPORT As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. Details of the applications are available in the Common Clerk's office and will form part of the documentation at the public hearings. The following applications have been received: Name of Location Existing Proposed Reason Applicant Zone Zone City of Saint 139 Bay Crescent Rural Utility Service To accommodate John Drive Settlement (US) the existing Residential wastewater (RS) treatment facility Hughes Surveys 28-36 Uptown Section 39 To permit a parking and Consultants Carmarthen Commercial Amendment structure Street and 25 (CU) Wentworth Street 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. 13 ATTACHMENTS None. 14 -3 - COUNCIL REPORT M&C No. 2017-018 Report Date January 27, 2017 Meeting Date February 06, 2017 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Engineering Services — Musquash Water Pumping Station — Electrical Substation Upgrades OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager David Russell Brent McGovern/Brian Keenan Jeff Trail RECOMMENDATION It is recommended that the proposal from CBCL Limited for engineering design and construction management services for the Musquash Water Pumping Station — Electrical Substation Upgrades project in the amount of $354,775.00 including HST be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award the Engineering Services for the Musquash Water Pumping Station — Electrical Substation Upgrades project to CBCL Limited. PREVIOUS RESOLUTION November 9, 2015; 2016 Water & Sewerage Utility Fund Capital Program Approved. November 14, 2016; 2017 Water & Sewerage Utility Fund Capital Program Approved. December 12, 2016; Direct Negotiation Approved 15 -2 - STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. REPORT BACKGROUND The approved 2016 & 2017 Water & Sewerage Utility Fund Capital Programs include projects for the design, construction and construction management for infrastructure upgrades to the Electrical Substation for the Musquash Water Pumping Station. This project includes funding necessary to engage engineering design and construction management services to complete the following: ♦ Part A — Site Surveys, Preliminary Investigation and Data Collection ♦ Part B — Preliminary Design, Cost Estimates and Design Report ♦ Part C — Conduct Public Consultation Process ♦ Part D — Detailed Design ♦ Part E — Tender Period Services, Materials Testing & Inspection, Red Books and Record Drawings ♦ Part F — Construction Management PURPOSE The purpose of this report is to make a recommendation for consulting engineering services for this project. ANALYSIS On December 22, 2016 with a comprehensive and detailed scope of work document developed by staff, a proposal for consulting engineering services was requested from CBCL Limited. In response to this request, CBCL Limited submitted a proposal on January 10, 2017. Staff was previously authorized to conduct direct negotiations with this consultant for engineering services for the Musquash Water Pumping Station — Electrical Substation Upgrades. A Review Committee consisting of staff from Materials Management, Transportation & Environment Services, and Saint John Water was formed to evaluate the submission. Each member completed an independent review of the submission and, subsequently, a Review Committee meeting was held to jointly discuss the -3 - information presented in the CBCL Limited proposal. The price contained in the proposal was also evaluated by the Committee and staff negotiated with CBCL Limited and settled on an acceptable consultant's fee to submit to Council for approval. The submission from CBCL Limited met all of the requirements of the request for proposal in a manner acceptable to the Committee, with a cost effective bid for the project. POLICY — ENGAGEMENT OF ENGINEERING CONSULTANTS Notwithstanding the City's Procurement Policy for engagement of Professional Services, Common Council has authorized staff with the approval of M&C 2016- 282 to conduct direct negotiations for the engagement of an engineering consultant for this project. The costs incurred by the consultant will be paid in accordance with the terms of the Request For Proposal at the rates submitted and accepted in the consultants proposal not to exceed the Recommended Hourly Rates as contained in The Association of Consulting Engineering Companies — New Brunswick fee guideline. The Construction Management component of this project fee is based on an estimated 26 week construction period. The final fee will be calculated based on the actual construction management period. SERVICE AND FINANCIAL OUTCOMES The proposed cost of work from CBCL Limited to provide engineering design and construction management services for this project is $354,775.00 including HST. This cost is based on an estimated 26 week construction management period. An amount of $200,000 is included in the approved 2016 Water & Sewerage Utility Fund Capital Program for engineering design services for the Musquash Water Pumping Station — Electrical Substation Upgrades project. The approved 2017 and proposed 2018 Water & Sewerage Utility Fund Capital programs include funding for the construction and construction management components of the project. Engineering fees to cover the costs of design and construction management generally do not exceed 15-20% of the total overall project cost, depending on the nature of the project and the engineering services required. This upset fee is approximately 12.9% of the total overall project cost, which is considered appropriate for this type of work. 17 -4 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS A Review Committee consisting of staff from Materials Management, Transportation & Environment Services, and Saint John Water was formed to evaluate the submission. Materials Management facilitated the proposal review process. ATTACHMENTS N/a iF:3 352 Pelton Road`_ P Saint John, New Brunswick AN 2 2('117 E2I� 5H7 a January 23, 2017. Mayor Lion Darling and Members of Common Council 15 Market Square, Saint John, NB E21, L 41.,1. Dear Mayor Darling and Common Councillors, I am writing to ask that you and. Common Councillors lend your support for the financial measures for Canada's historic places included in Private Member's Bill C-323, An Act to Amend the Income Tax Act (Rehabilitation ofHistoric Property) tabled in The House Of Commons on December 1, 2016. Bill. C-323 includes the creation of: - A 20% tax credit on eligible costs for rehabilitation work done to designated historic places (commercial & owner -occupied residential), - An accelerated Capital Cost Allowance (25%/50%/25%) for eligible capitalized costs incurred under the same conditions of the tax credit (commercial only). These two tax measures would transform the economic fundamentals for renewing historic places, and would encourage building conservation of every size and type, from landmark cornmercial buildings to modest homes. Saint John, is a very old historic city. It has housing stock of hundreds of buildings built before 1917..All of the owners of these buildings would benefit greatly with passage of this proposed bill. There are many examples of the significant financial and environmental impact of heritage conservation: - Studies show building rehabilitation generates upwards of 21% more fobs, including skilled jabs, than the same investment in new construction, The Commercial Heritage Properties Incentive Lund (CHPIL), a Canada -wide pilot program (2003 - 2008), was designed to test the benefit of a heritage tax credit. The results were impressive: federal contributions of $21.5 million supporting 49 projects leveraged over 8 times more in private sector investment ($177.2 million), and - Building renewal and re -use capitalizes on materials and energy already invested, reduces construction and demolition waste, and avoids environmental impact associated with new development. A recent study shows that it takes from 1.0 to 80 years for a new "green" building to mare up for the negative climate change impacts of its construction. As the significant impact of this Bill will be felt in our own community, as well as nationally, I urge you to support for the measures included in Bill C-323. Thank you. Sincerely, k iLel lid The Mayor, City of Saint John, Saint John Sir, As a member of Horseshoe League Management Committee Saint John, I take this opportunity to request you on behalf of all the members that we need a suitable, place where we can pitch horseshoes during winter months. If we are fortunate enough to get the place in question we intend to play two days horseshoe and three days washer -toss. Most of the players are passing through twilight zone, hence it gives them a chance to do exercise and stay active. At the same time we want to visit most of the schools to motivate students to get them interested in the game of their choice. it is very alarming situation that the obesity —rate is 27% in Saint John. if we succeed it will rnake big change in their habits and keep them away from video games or tweeting. It will give us pleasure that we made a bit difference. WRI) sangulne hopes, Yours Truly, Dated Jan 30/17 Paul Rare-.. 188 Upper Golden Grove Rd, Upper Golden Grove , N.B. E2S-2Y9 K91 COUNCIL REPORT M&C No. 2017-17 Report Date January 27, 2017 Meeting Date February 06, 2017 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT. Contract No. 2017-1: 1500mm Dia. Raw Water Transmission Main Pipe Repairs OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Susan Steven -Power Brent McGovern/ Brian Keenan Jeff Trail RECOMMENDATION It is recommended that Contract No. 2017-1: 1500mm Dia. Raw Water Transmission Main Pipe Repairs be awarded to the low Tenderer, Galbraith Construction Ltd., at the tendered price of $55,775.00 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award Contract 2017-1: 1500mm Dia. Raw Water Transmission Main Pipe Repairs to the low Tenderer. PREVIOUS RESOLUTION November 14, 2016; 2017 Water & Sewerage Utility Fund Capital Program Approved. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. 21 -2 - REPORT BACKGROUND The approved 2017 Water & Sewerage Utility Fund Capital Program includes funding for repairs to the 1500mm Pre -stressed Concrete Cylinder Pipe (PCCP) and Electromagnetic Inspection (EMI) scanning, including the design and construction management services. The 1500mm diameter and 1350mm diameter PCCP runs between Spruce Lake and the Irving Pulp and Paper (IPP) Clear Well on the West side. During an EMI completed five years ago, it became evident that sections of the 1500mm diameter pipe were distressed. This project includes replacing one of those sections of pipe and repairing the joints of another section of pipe. This work must take place when the watermain can be dewatered so the repairs will take place during the planned Irving Pulp and Paper shutdown this Spring. TENDER RESULTS In accordance with the City of Saint John's Policy for the Procurement of Goods, Services and Construction, this contract was called by invitation to bid as the work was valued at less than $100,000 plus HST. Four Contractors were invited and three Contractors submitted bids. Tenders were closed on January 24, 2017 with the following results, including HST: 1. Galbraith Construction Ltd., Saint John, NB $ 55,775.00 2. Dexter Construction Company Limited, Bedford, NS $ 102,350.00 3. Fairville Construction Ltd., Saint John, NB $ 113,275.00 The Engineer's estimate for the work was $94,875, including HST. ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work and recommend acceptance of their tender. Work will occur during an 84 hour window during the IPP shutdown at the end of April/first of May 2017. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2017 Water & Sewerage Utility Fund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. WA -3 - The analysis is as follows: Budget $ 77,283 Project net cost $ 76,821 Variance (Surplus) $ 462 POLICY—TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. SERVICE AND FINANCIAL OUTCOMES A section of PCCP pipe on the 1500mm diameter raw water transmission main needs to be repaired along with the joints of another section of 1500mm diameter PCCP. This work has to happen at a time when the watermain can be drained. At the end of April/first of May 2017 IPP is planning a shutdown. This will afford the City the time to complete this project. This project will be completed within the original approved financial budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A W COUNCIL REPORT M&C No. 2017-28 Report Date January 31, 2017 Meeting Date February 06, 2017 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT. Contract No. 2017-2: 1500mm Diameter and 1350mm Diameter Raw Water Transmission Main Electromagnetic Inspection OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Susan Steven -Power Brent McGovern/ Brian Keenan Jeff Trail RECOMMENDATION It is recommended that Contract No. 2017-2: 1500mm Diameter and 1350mm Diameter Raw Water Transmission Main Electromagnetic Inspection be awarded to the Tenderer, Pure Technologies Ltd., at the tendered price of $421,940.75 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award Contract 2017-2: 1500mm Diameter and 1350mm Diameter Raw Water Transmission Main Electromagnetic Inspection to the Tenderer. PREVIOUS RESOLUTION November 14, 2016; 2017 Water & Sewerage Utility Fund Capital Program Approved. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. 0&1 -2 - REPORT BACKGROUND The approved 2017 Water & Sewerage Utility Fund Capital Program includes funding for repairs on the 1500mm Pre -stressed Concrete Cylinder Pipe (PCCP) and Electromagnetic Inspection (EMI) scanning, including the design and construction management services. The 1500mm diameter (7.28km) and 1350mm diameter (1.0km) PCCP runs between Spruce Lake and the Irving Pulp and Paper (IPP) Clear Well on the West side. Five years ago an EMI was completed. The City is going to complete a new EMI during the IPP shutdown this Spring to gather information on the current condition of the water transmission main. This new electromagnetic inspection, when compared against the EMI done five years ago, will also provide information on the rate of deterioration of the watermain. This information will help the City develop a plan for maintaining this pipe. The electromagnetic inspection will take place when the watermain is dewatered during the planned Irving Pulp and Paper shutdown this Spring. TENDER RESULTS Tenders were closed on January 31, 2017 with the following results, including HST: 1. Pure Technologies Ltd., Calgary, AB $ 421,940.75 The Engineer's estimate for the work was $457,010, including HST. ANALYSIS The tender was reviewed by staff and was found to be formal in all respects. Staff is of the opinion that the tenderer has the necessary resources and expertise to perform the work and recommend acceptance of their tender. Work will occur during an 84 hour window when the IPP shutdown occurs at the end of April/first of May 2017. Id10Fil0[0/_1N1LTA I»[4LINO[Q0161 The Contract includes work that is charged against the 2017 Water & Sewerage Utility Fund Capital Program. Assuming award of the Contract to the tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. OR -3 - The analysis is as follows: Budget $ 386,000 Project net cost $ 402,068 Variance (Shortfall) ($ 16,068) The above variance can be managed within the overall Water & Sewerage Utility Fund Capital Program. Igo] 114V=II1►19711 ilk] 1010to] 9ito] 0PII: e141 M 0114to] ►1111ATTO V The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. SERVICE AND FINANCIAL OUTCOMES An electromagnetic inspection will be performed on approximately 8.3 km of PCCP raw water transmission main between Spruce Lake and the IPP Clear Well. This work has to happen at a time when the watermain can be drained. IPP has a planned shutdown at the end of April/first of May 2017. During this shutdown, there is an 84 hour window where the watermain can be dewatered and the City can complete this project. This inspection will allow the City to determine the current condition of the pipe and plan for future maintenance of the pipe. This project will be completed within the original approved financial budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A 41.1 COUNCIL REPORT M&C No. 2017-021 Report Date January 30, 2017 Meeting Date February 06, 2017 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Engineering Services — Morna Heights and Greenwood Subdivision — Wastewater Treatment Facility Upgrades OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Kevin O'Brien Brent McGovern/Brian Keenan Jeff Trail RECOMMENDATION It is recommended that the proposal from Dillon Consulting Limited for engineering design and construction management services for the Morna Heights and Greenwood Subdivision — Wastewater Treatment Facility Upgrades project in the amount of $647,427 including HST be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award the Engineering Services for the Morna Heights and Greenwood Subdivision — Wastewater Treatment Facility Upgrades project to Dillon Consulting Limited. PREVIOUS RESOLUTION November 14, 2016; 2017 Water & Sewerage Utility Fund Capital Program Approved. January 9, 2017; Direct Negotiation Approved WA -2 - STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. REPORT BACKGROUND The approved 2017 Water & Sewerage Utility Fund Capital Program includes projects for the design, construction and construction management components for renewal of both the Morna Heights and Greenwood Subdivision wastewater treatment facilities. These projects include funding necessary to engage engineering design and construction management services to complete the following: ♦ Part A — Site Surveys, Preliminary Investigation and Data Collection ♦ Part B — Environmental Approvals, Rezoning, Preliminary Design, Cost Estimates and Design Report ♦ Part C — Conduct Public Consultation Process ♦ Part D — Detailed Design ♦ Part E — Tender Period Services, Materials Testing & Inspection, Red Books and Record Drawings ♦ Part F — Construction Management PURPOSE The purpose of this report is to make a recommendation for consulting engineering services for these projects. ANALYSIS On January 11, 2017 with a comprehensive and detailed scope of work document developed by staff, a proposal for consulting engineering services was requested from Dillon Consulting Limited. In response to this request, Dillon Consulting Limited submitted a proposal on January 25, 2017. Staff was previously authorized to conduct direct negotiations with this consultant for engineering services for the Morna Heights and Greenwood Subdivision Wastewater Treatment Facility Upgrades. A Review Committee consisting of staff from Materials Management, Transportation & Environment Services, and Saint John Water was formed to evaluate the submission. 4.11 -3 - Each member completed an independent review of the submission and, subsequently, a Review Committee meeting was held to jointly discuss the information presented in the Dillon Consulting Limited proposal. The price contained in the proposal was also evaluated by the Committee and staff negotiated with Dillon Consulting Limited and settled on an acceptable consultant's fee to submit to Council for approval. The submission from Dillon Consulting Limited met all of the requirements of the request for proposal in a manner acceptable to the Committee, with a cost effective bid for the project. POLICY— ENGAGEMENT OF ENGINEERING CONSULTANTS Notwithstanding the City's Procurement Policy for engagement of Professional Services, Common Council has authorized staff with the approval of M&C 2017- 001 to conduct direct negotiations for the engagement of an engineering consultant for these projects. The costs incurred by the consultant will be paid in accordance with the terms of the Request For Proposal at the rates submitted and accepted in the consultant's proposal not to exceed the Recommended Hourly Rates as contained in The Association of Consulting Engineering Companies — New Brunswick fee guideline. The Construction Management component of this project fee is based on an estimated 20 week construction period for each project location. The final fee will be calculated based on the actual construction management period. SERVICE AND FINANCIAL OUTCOMES The proposed cost of work from Dillon Consulting Limited to provide engineering design and construction management services for this project is $647,427.00 including HST. This cost is based on an estimated 20 week construction management period for each project location. The approved 2017 Water & Sewerage Utility Fund Capital program includes funding for the design, construction and construction management components of the project. Partial funding for each project will come from the Clean Water Wastewater Fund. Engineering fees to cover the costs of design and construction management generally do not exceed 15-20% of the total overall project cost, depending on the nature of the project and the engineering services required. This upset fee is approximately 19.6% of the total overall project cost, which is considered appropriate for this type of work considering there are large environmental approvals components to these projects as the projects involve the replacement of two wastewater treatment facilities. Wel -4 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS A Review Committee consisting of staff from Materials Management, Transportation & Environment Services, and Saint John Water was formed to evaluate the submission. Materials Management facilitated the proposal review process. ATTACHMENTS N/a 091 COUNCIL REPORT M&C No. 2017-016 Report Date January 23, 2017 Meeting Date February 06, 2017 Service Area Finance and Administrative Services His Worship Don Darling and Members of Common Council SUBJECT: Spring Debenture Issue — Notice of Motion OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Hilary Nguyen Kevin Fudge m I Jeff Trail RECOMMENDATION It is recommended that His Worship the Mayor gives the following Notice of Motion. "I do hereby give Notice that I will, at a meeting of Common Council held after the expiration of thirty days from this day, move or cause to be moved, the following resolution: Namely, RESOLVED that occasion having arisen in the public interest for the following Public Civic Works and needed Civic Improvements, that is to say: (Details to be read from "Purpose of the Issue")." THEREFORE RESOLVED that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the amount of $ 5,000,000. 31 -2 - EXECUTIVE SUMMARY The attached Notice of Motion has been prepared as a first step in the permanent financing of certain capital projects approved by Council in previous General Capital Budgets. PREVIOUS RESOLUTION N/A REPORT The attached Notice of Motion has permanent financing of certain capital summarized on the attached schedule. een prepared as a first step in the projects. The purpose of the issue is The giving of this Notice of Motion does not commit the City to any further action. It does, however, place the City in a position to take action after the expiry of 30 days at such time as bond market conditions and opportunities permit. At this stage, it is not necessary to set limits with respect to the coupon rate or the terms for which bonds are to be issued. These will be established at a later date and will be related to the market conditions at that time. WA -3 - Purpose of Issue The City of Saint John Proposed issue of Debentures To Be Dated On or after March 8t", 2017 GENERAL FUND Protective Services Transportation Services Economic Development Parks and Recreation $ 500,000 $ 3,700,000 $ 300,000 $ 500,000 $ 5,000,000 TOTAL $ 5,000,000 SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A 091 J A N' 5 2017 His Worship Mayor Don Darling City of Saint John POLICY P. 0. Box 2971 E21L 41-1 January 23, 2017 Dear Mr, Mayor Darling, As a follow-up to our email exchange, I am pleased to enclose an official Canadian Red Cross Pink Day shirt to help you celebrate with us on February 22, 2101T Pink Day has a special significance in Atlantic Canada, owing to its creation 10 years ago in Cambridge, NS. When a student wearing a pink shirt was targeted by bullying, students Travis Price, and David Shepherd responded by enlisting their peers to wear pink in a show of support for the bullied student. At school the, next day, the hallways were a sea of pink. This act of kindness launched a global movement: Pink Day is now celebrated in more than 20 countries where schools, businesses,, organizations and government wear pink to demonstrate their commitment to preventing bullying and promoting kindness. The tale of Pink Day's creation resonates strongly with those of us who work in Respect Education, a Canadian Red Cross program focused on preventing violence and abuse and promoting healthy, respectful relationships. Our Beyond the Hurt program, implemented in middle and high schools across the City of Saint John, uses a peer-to-peer delivery model to prevent bullying and promote a positive school environment. Our Red Cross -certified Youth Facilitators, much like Travis, Price and David Shepherd, are living proof of the positive impact young leaders can make. Enclosed, please find additional information about our Beyond the Hurt program. We thank you for accepting our challenge to tweet a picture of yourself wearing our Pink Day shirt on February 22, 2017, using the official provincial hashtag #PinkDayNB. We also invite your colleagues to join the challenge. Enclosed, please find information you may share with them about how to purchase Pink Day shirts and participate in the celebration. If you have any questions or would like additional information on Respect Education and our work, please don't hesitate to contact me. i can be reached via email at alison.richarda.redcross,ca or by phone at 506-458-8445, ext. 5. Sincerely, v Alison Lynch Richard iRespect Education Advisor Enclosure 0111 Canidon RcA Cross 318 Maple Sre.,-A F,edonctcn \6 E3A 3R,1 Ca n i d a redcaoss ca Canada Games Aquatic Centre January 31, 2017 Mayor & Council RE: Aquatic Centre Capital Request to Present Your Worship & Members of Council, Centre A u t due eux du Canada The Canada Games Aquatic Centre is excited to undertake a number of investments into the facility this year, including the replacement of the main Air Handling Units and a renovation to the front lobby area and the main fitness programming room. These projects are being undertaken by funding already approved in the General Capital Budget, and a grant from ACOA under the Canada 150 program. The Canada Games Aquatic Center Commission respectfully asks for the opportunity to present to council on February 20th, 2017 to outline the 2017 renovation plans and the rejuvenation of the City asset. Regards, Brian Woods, Chairman of the Aquatic Centre Commission CC: Jeff Trail, City Manager Samir Yammine, Manager of Asset & Energy Management IL0155534. 11 35 SodW des j8uXdg|\AcadieInc. rvx.rue pxnoipae,Bureau z10 Peft-Rocher,N-B E8J1VI x nu| �mv)�Va�ao7Vde IAca=°e T6[�u. (DUG)783-42V9 2 011 Couma|: sja1@mbnet.nh.00 www.jouxdelacadie.mo Friday, January 27th2017 Subject: Launch of the Selection Process for the Host Municipality of the 41" "Finale des Jeux de I'Acadie" in 2020 Dear Municipal Officials, Onbehalf ofLuSuci6t6 des Jeux de I'Acadie (SJA), this is to advise your council that the selection process will soon begin for the host municipality (or group of municipalities) of the 41-" "Finale den )eux de YAcudie" to be held in 2020. You are no doubt aware that the "Finale des Jeux de yAcadie" is a major event for the municipality or group of municipalities selected to welcome the Acadian youth participants, ln fact, more than 1,100 athletes are expected to converge in June 2020 on the municipality chosen to host the 41't "Finale des Jeux de IAcadie." The numerous economic, omda[, technical and other spin-off benefits generated by the "Finale des]eux de |'Acadie" make it a showcase event with immeasurable positive impact onthe communities responsible for hosting it, Astudy ofthe tourism and economic impact of the "Finale des Jeux de |'Aoadie" has demonstrated that some 27,000 visitors attend the various sports competitions and generate economic spin-off benefits totalling more than $1.2million for the host municipality and an additional $4OO,0U0for the host province as a whole. Far beyond this economic impact' however, the social impact of hosting the games cannot be understated in terms of fostering and promoting the volunteer culture that develops throughout the community along with the awareness that when wmwork together, m/ecan achieve anything! nd Animportant information session wiUbeheNmnSunday, AprU2 ,2O17 at1:Q8p.mm.ot the main off ice mfthe SJ/\ located at 702 Principal Street Suite 210, Petit -Rocher, nJB. The objective of this information session, which ismmamdazoryforai[munidpaOtiesxmekingtoapplyforse[ectiontvhnnTthe2O20"Hna|edesJmuxde|'Acadie,"is to provide the management team of La 3ndW des Jeux de I'Acadie an opportunity to present the parameters and criteria that have been defined for the process of selecting the host municipality. Municipalities interested in taking part in this information session are asked to confirm their attendance by �� |�|���aca[Die I'Vir 36 AM NeyvAI-7�Nouveau Canad Centre -Anne rat BrutisWi& communinutaire Sainte PiRtSENTATEUR Caisses wopulaimo looi mnauowm*u pm,o�"*~**°*�u" ' Partenaires MAJEURS fondation des JeuK de Ii--_ Partenaires OR Bm||AJiamt JuuneaseCanada auTravail Padenaires GOUVERNEMBNTAUX �� |�|���aca[Die I'Vir 36 AM NeyvAI-7�Nouveau Canad Centre -Anne rat BrutisWi& communinutaire Sainte Proceo,sus6es6/actkom-41"Finale des leuxdeyAcadiede 2028 Le venidredi 27 janvier 2017 completing the enclosed form and returning btoour office via e-mail orfax 6vMonday, March 27",2017. Municipalities confirming their attendance in this manner may send up to three (3) representatives to the information session. Municipalities applying as a group may send a total of up to five (S) representatives to the session on behalf oftheir group, It is important to note that attending the information session is not binding in any manner whatsoever unany municipality, Municipalities seeking to proceed with application to host the games will have until Friday, May th, 2816, to confirm their intention. They will then have until Friday, June 23'd , 2017, to prepare and submit their application tothe SJA. A screening committee formed by the SJA will conduct a thorough evaluation of all applications in September and October 2017, This evaluation will include a review of the application documentation, a meeting with the provisional committee ofeach municipality and visit toeach site. In October 2017, at the banquet of the Annual General Meeting of Lo 3oci6t6 des Jeux de y&oadie, the name of the municipality selected tohost the 41"""Finale des JeuxdeyAcadie°inZ02Owill then heannounced. On behalf of the SJA, l consequently encourage your municipal mzumj| to seriously consider entering your mnnicipa|hxsnameimtotbese|eotionprocesstohethchustmunidpa|ltymf1he41*"Fina|edooJeuxde|'Aradie" in2DZO.This selection process is rewarding exercise initself that w/c highly recommend, We look forward to seeing you at the information session on April 2 ind 2017, when we will he pleased to review the various aspects of the selection process and to answer any questions you may have in this regard. For additional information, please contact Mrs K8ybnc OueOet-LeBlanc, Executive Director of La 8od6t6 deo]cux die I'Acadie, at 506-783-4207 or by e-mail at�:La��nb.2±ncom. Guy -Laine Legac6 pl (1) 37 ieuxdeyAodie------�----�------�--� --- --� ---- ---- -----'—�� �--------- 2 1 P a g e Socj6t6 des Jeux de I'Acadje Inc. 702, rue Principale, Bureau 210 Petit -Rocher, N. -B. E8J IVI T61:(506) 783-4207 T616c. : (506) 783-4209 Courriel : sja1@phnet.nb.ca www.j . euxdelacadie.org PROCESSUS DE SELECTION 41' FINALE DES JEUX DE L'ACADIE DE 2020 FORMULAIRE WATTESTATION D' NE PARTICIPATION A LA SESSION WINFORMATI ON Par la pr6sente, la municipalit6 de atteste qWellc sera pr6sente A la session. d'information Sur Porganisation dune Finale des Jeux de IAcadie qui aura lieu le dimartche 2 avril 2017 a 13 heures au si&ge social de la STA, snit au 702, rue Principale, Bureau 210, Petit -Rocher, N. -B Cette session d'information est obligatoire pour toute municipalit6 d6sirant poursuivre le processus de s6lection dc la Municipalit6 h6tesse de la 41' Finale des Jeux de I'Acadie de 2020 mais n'engage en rien les villes ou villages qui y scront alors rcpr6scnt6s. La municipalit& sera representee par les persounes suivantes RESPONSABLE: NOM ET PRtNOM: Icl ON acaDie Fondation des Jews de I i Aca4e .... . ........ . TITRE FONCTION Partenaires OR . ...... ADRESSE Jeunesse Canada au Travail TELEPHONE: Partenaires GOUVERNEMENTAU X .. . ....... TtLPCOPIEUR: 38 entre C Bf is commurvautaire Sainte NUM FT PRPNOM: NOM ET PRENOM: TITRE / FONCTIGNS: -TITRE / FONIC"HONS: NOM ET PREN =OM ET �PRFN�OM 7F,-07. .......... .. TITRE DNS: TITRE / FONCTIONS: FAIRE PARVE NIR CE FORATULAIRE La SociW des Jeux de I'Acadie, ine. 702, rue Principale, Bureau 210 AVANT LE LUNDI 27 MARS 2017 Petit -Rocher, NB E8J 1VI 506-783-4209 (tekcopieur) ......... . . PRESENTATEUR '44V Caisses populaires 10%r acadiennes pi., h-1, plus Wn, ensemble Partenaires MAJEURS acadleriouvelle Icl ON acaDie Fondation des Jews de I i Aca4e Partenaires OR Bell Aliant Jeunesse Canada au Travail Partenaires GOUVERNEMENTAU X New. Nouveau 38 entre C Bf is commurvautaire Sainte -Anne The City of Saint John WHEREAS: the second week in February is provincially recognized as the time to celebrate our heritage; and WHEREAS: the third Monday in February is National Heritage Day in Canada; and WHEREAS: 2017 marks the 150th anniversary of Confederation in Canada; and WHEREAS: the heritage that we have inherited from our ancestors plays a vital role in providing a unique identity to our city; and WHEREAS: this heritage provides us with a legacy to be handed down for the benefit and enjoyment of future generations; and WHEREAS: The City of Saint John wishes to remember those who have helped shape our identity, and who have forged a place in the history of this city, NOW THEREFORE: I, Don Darling, Mayor of Saint John. do hereby proclaim the week of February 13-20, 2017 as HERITAGE WEEK in the city of Saint John and Monday, February 20, 2017 as HERITAGE DAY in the city of Saint John and urge all citizens to support and participate in heritage activities occurring throughout the city. In witness whereof I have set my hand and affixed the offic" of the Mayor of the City of Saint John. 061 ".7 WHEREAS: The first full week of February is recognized as White Cane Week; and WHEREAS: White Cane Week aims to remind all Canadians that the traditional white cane is a symbol of independence, not dependence and. that a lack of sight is not a lack of vision; and WHEREAS: This is the 73,d year that this public awareness program has taken place in Canada and reflects the changing situations of people who are blind and visually impaired; and WHEREAS: White Cane Week is a program of the Canadian Council of the Blind which has acted as "the voice of the blind" for over 60 years; and WHEREAS: Canadian Council of the Blind asks that :service providers remove barriers that limit the fullness of life for our fellow blind and visually impaired citizens. NOW THEREFORE: 1, Mayor an Darling, of Saint John. do hereby proclaim the week of February 5th -11th, 2017 as WHITE CANEWEEK in the City of Saint In w,itness whereof I have set my hand and affixed the official seal ryor al e City o aint ofin. i Q .E E U U O 0 LU H V) L O Q Q V) Q U 2 0 bn cn ai V) m z D i U .O Lna Q) E bn fu CSA O Q o a _0 _0 O .� m � o a _bn O Q CL Ln Ln r -I Q U 2 0 bn cn ai V) m z D i U .O Lna Q) E bn fu CSA O Q W rl N W � � • CL cry � V) V c/1 � � . O >` V) V CL • cn c� � O U O � > a� 4-j M C bz J/111, / %' moi/ -F, /il a V f�Y Sir i Crjlie j, Yti�f OD ibL ?i f�Y Sir l) j, Yti�f OD ?i 1 / Wt oil / �ndOPll�, ; Imgadmrin�rN1Mf`��9,r 13 c� z M 13 m 0 QL 0 QL 0 9 \ t� 0 . .. ....... ........ . . . . I -ST P I I O\N z 0 E E 0 v d L s 14M 4) s 14Mz 0 H C O Im y7 Ca 0 v L 0 WE d d 1)LANNING ADVISORYI"T"F January 18, 2017 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Section 39 Amendment 50 Carleton Street The City of Saint ]ohn. On December 12, 2016, Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its January 17, 2017 meeting. Curtis Langille, representing the City's Real Estate service area, appeared before the Committee and expressed support for the staff recommendation. He noted the site is currently listed for sale and has generated interest from prospective purchasers. Common Council will have to approve any agreement of purchase and sale on the property. No other persons appeared before the Committee and no letters were received regarding the application. RECOMMENDATION: 1. That Common Council rescind the following Section 39 conditions imposed on the February 16, 2009 Municipal Plan Amendment and rezoning for Peel Plaza: Specific to the Public Plaza a) The City of Saint John provide the public with an opportunity for input on the final design of the public plaza prior to its construction. Page 1 of 2 79 City of Saint John 50 Carleton Street January 18, 2017 Applicable to Any Development on the Subject Property a) Municipal servicing be provided to the satisfaction of the Chief City Engineer or his designate. b) All development must be in accordance with a detailed drainage plan, subject to the approval of the Chief City Engineer or his designate. Respectfully submitted, Eric Falkjar Chair Attachments Page 2 of 2 80 The City of Saint. john Date: January 13, 2017 To: Planning Advisory Committee From: Growth & Community Planning Growth & Community Development Services For: Meeting of Tuesday, January 17, 2017 SUBJECT Applicant: City of Saint John Owner: City of Saint John Location: 50 Carleton Street PID: 00037507, 00037762 & 00037515 Plan Designation: Primary Centre Existing Zoning: Uptown Commercial (CU) Application Type: Section 39 Amendment Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law. Common Council will consider the Committee recommendation at a public hearing on Monday, February 6, 2017. SUMMARY The City of Saint John identified the subject site as potentially being included in the Peel Plaza redevelopment in 2009. Common Council imposed Section 39 conditions on the site in Page 1 of 7 81 City of Saint John 50 Carleton Street January 13, 2017 conjunction with the February 16, 2009 Municipal Plan amendment and rezoning for Peel Plaza. However, the project is now complete and the site was not included in the redevelopment and has been deemed surplus by the City. To facilitate the sale and future reuse or development of the site, staff recommend three Section 39 conditions be rescinded that relate to the original proposal and are no longer relevant. Any future development on the site will be subject to the Municipal Plan, Zoning By-law, Drainage By-law, and all other applicable bylaws, which regulate development in the City. RECOMMENDATION 1. That Common Council rescind the following Section 39 conditions imposed on the February 16, 2009 Municipal Plan Amendment and rezoning for Peel Plaza: Specific to the Public Plaza a) The City of Saint John provide the public with an opportunity for input on the final design of the public plaza prior to its construction. Applicable to Any Development on the Subject Property a) Municipal servicing be provided to the satisfaction of the Chief City Engineer or his designate. b) All development must be in accordance with a detailed drainage plan, subject to the approval of the Chief City Engineer or his designate. DECISION HISTORY The Planning Advisory Committee and Common Council approved variances and a Section 39 amendment related to the construction of the provincial justice facility, police headquarters, and parking garage in 2009, 2010, and 2010. On February 16, 2009, Common Council considered a Municipal Plan Amendment and rezoning application for the Peel Plaza development. The following approvals were granted at that meeting. 1. Common Council amended the Municipal Plan by redesignating on Schedule 6A of the Uptown Strategy, from Low Intensity Mix to High Intensity Mix, an area of approximately 51,000 square metres, identified as PID Numbers 00040014, 00039875, 00037747, 55108062, 00037481, 00037739, 00037762, 00037507, 00037499, 00037515, 55088900, 55094908, 55084420, 55178792, 00038455, 00037697, 00039933, 55033773, 00039735, 55190151, 55190177, 55088918, and a portion of 00037689. Page 2 of 7 82 City of Saint John 50 Carleton Street January 13, 2017 2. Common Council rezoned the same parcels of land from "IL-1" Neighbourhood Institutional, "RM -1" Three Storey Multiple Residential, 1-2" Heavy Industrial and "B-2" General Business to "B-3" Central Business. 3. That pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of an area of approximately 51,000 square metres, identified as PID Numbers 00040014, 00039875, 00037747, 55108062, 00037481, 00037739, 00037762, 00037507, 00037499, 00037515, 55088900, 55094908, 55084420, 55178792, 00038455, 00037697, 00039933, 55033773, 00039735, 55190151, 55190177, 55088918, and a portion of 00037689 be subject to the following conditions: Specific to the Justice Facility a. The site be developed in general accordance with the submitted site plan prepared by the developer and subject to the approval of the Development Officer, illustrating the location of all buildings, structures, parking areas, driveways, signs, landscaping and other site features. b. The structure be erected in general accordance with the submitted building elevation plans and be subject to the approval of the Development Officer. Specific to the Parking Facility a. The site be developed in accordance with a detailed site plan prepared by the developer illustrating the location of all buildings, structures, parking areas, driveways, signs, landscaping and other site features. b. The appearance of the structure be in accordance with detailed building elevation plans. c. The developer must apply to Common Council and obtain Council's agreement to amend the Section 39 conditions to include a detailed site plan and building elevation plans. d. The developer provide a traffic study identifying the impacts of the proposed parking structure on existing City streets and provide recommendations on any improvements to the street network required to facilitate the development to the satisfaction of the Development Officer and the Chief City Engineer. Specific to the Public Plaza a. The City of Saint John provide the public with an opportunity for input on the final design of the public plaza prior to its construction. Page 3 of 7 83 City of Saint John 50 Carleton Street January 13, 2017 Applicable to Any Development on the Subject Property a. Municipal servicing be provided to the satisfaction of the Chief City Engineer or his designate. b. All development must be in accordance with a detailed drainage plan, subject to the approval of the Chief City Engineer or his designate. ANALYSIS Proposal The City of Saint John owns the subject site and Real Estate Services has initiated the sale of the property and is actively recruiting market interest in these lands. Any sale of land will be subject to Council approval. The property is for sale as Common Council has deemed it surplus as the City of Saint John does not require the site, and the Saint John Arts Centre has confirmed that it does not require the site for any purpose. The proposed Section 39 amendment is to facilitate the sale and potential future development of the site by rescinding three Section 39 conditions imposed on the site in conjunction with the February 16, 2009 Municipal Plan Amendment and rezoning for Peel Plaza. These Section 39 conditions have either been fulfilled or are no longer relevant. Site and Neighbourhood The subject site is located in the Uptown area of the City's South Central Peninsula on a prominent corner at the intersection of Carleton Street and Peel Plaza. The site was identified by the City as being potentially included in the Peel Plaza development, which was the comprehensive redevelopment of several sites, to include the police headquarters, law courts, a multi-storey parking garage, and a public plaza that is associated with the Saint John Arts Centre. While adjacent to the redeveloped properties, the subject site was not ultimately included in the redevelopment. The subject site has a historic building, which is currently vacant, but was recently used as a business office. The remainder of the site, previously used as a parking area, is vacant with an open grassed area. Municipal Plan and Zoning The subject site is designated Primary Centre by the Municipal Plan and it is zoned Uptown Commercial (CU). The Uptown Commercial (CU) zone allows for a wide variety of commercial uses appropriate for the Uptown location of the site. The three Section 39 conditions the proposed amendment would rescind are related to the Peel Plaza development and are no longer relevant as the subject site was ultimately not included in that project. In addition, the conditions have already been met, as the project is now complete. The rationale for the proposed rescinding of the three Section 39 conditions is as follows. Page 4 of 7 84 City of Saint John 50 Carleton Street January 13, 2017 • The condition requiring the City to provide the public with an opportunity for input on the final design of the public plaza prior to its construction relates to the public plaza that was constructed on the adjacent property to the south of the subject site. This public consultation was conducted and the final design of the plaza reflects the feedback received. The green space on the subject site was not incorporated in the public plaza; therefore, this condition is not relevant to the subject site. • The condition requiring municipal servicing to be provided to the satisfaction of the Chief City Engineer or his designate is no longer relevant as the municipal servicing for the redevelopment has already be constructed and approved. In addition, if the site is developed in the future, Infrastructure Development staff has commented that "any required extension of municipal services is the full responsibility and cost of the developer. The developer's engineering consultant must submit detailed engineered drawings and design brief to the City for review and approval of the City for any proposed service extensions." • The condition requiring the development to be in accordance with a detailed drainage plan has been met and is no longer relevant as this requirement is included in the new Drainage By-law, which applies to all properties. In addition, if the site is developed in the future, Infrastructure Development staff has commented that "The developer's engineering consultant must provide a detailed engineered storm water management plan and design report indicating how storm water collection and disposal will be handled. Any upgrades/extensions to any existing municipal infrastructure required to service any proposed development is the developer's full responsibility and cost to complete. Detailed engineering plans must be submitted by the developer's engineering consultant to the City for review and approval of the City prior to determining this." The proposed Section 39 amendment would facilitate the sale and future development of the site by removing conditions related to its development that are no longer relevant. The site was not required by the City of Saint John for the Peel Plaza redevelopment, and the Saint John Arts Centre has confirmed that it does not wish to use the site, as a result, it has been deemed surplus and is currently listed for sale. Any potential future development on the site would be subject to Municipal Plan policies, Zoning By-law requirements, and Infrastructure Development requirements as outlined above. Conclusion Staff support the proposed Section 39 amendment to rescind three conditions, and thereby facilitate the sale and future development of the subject site. The Section 39 conditions are no longer relevant as they relate to the Peel Plaza redevelopment and the site was ultimately not included in that project. In addition, the conditions have already been met, as that project is now complete. Any future development on the site would be subject to Municipal Plan policies, Zoning By-law requirements, and Infrastructure Development requirements, which ensure that development meets community standards. Page 5 of 7 85 City of Saint John 50 Carleton Street January 13, 2017 ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives were considered. ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on January 4, 2017. The public hearing for the rezoning was advertised in the Telegraph -Journal on January 12, 2017. SIGNATURES AND CONTACT Prepared: Kristen Flood , MPI Planner Reviewed: Mark Reade, P.Eng., MCIP, RPP Senior Planner Contact: Kristen Flood Phone: (506) 658-4528 E-mail: kristen.flood@saintjohn.ca Project: 16-277 Approved: Jacqueline Hamilton, MURP, MCIP, RPP Commissioner Page 6 of 7 86 City of Saint John 50 Carleton Street January 13, 2017 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Page 7 of 7 87 w.m ea QD E n Ills p JJJ° l/ / CAVA i CM co -h-m ,,. 00 p�pyy ppppyy �d o 21, 5d5 ea C: QO E ca Q 1.0 a) C!� E Q 01 _ a) a) a) M t� M. DO�OAS`TSg / IO(II�(IP ��Illlydl � M eu a� q co 0 ° ca cta a) y T E Q a a) a� cta C� OD M eu a� a� a� a� a� cta 0 ccv e� cc LO c E a Ri E 0 ca E E E E o a) E 0 0 0 cn .� Ri '� C 0 pcc �d C 0 2i I N CY) PROPOSED SECTION 39 AMENDMENT RE: 50 CARLETON STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider a proposal at its regular meeting to be held in the Council Chamber on Monday, February 6, 2017 at 6:30 p.m., by: Amending the Section 39 conditions imposed on the February 16, 2009 rezoning and Municipal Plan amendment of the property located at 50 Carleton Street, also identified as PID Nos. 00037507, 00037762, and 00037515, to permit future development. REASON FOR CHANGE - To permit future development. The proposed amendment may be inspected by any interested person at the office of the 03 Common Clerk, or in the office of Growth and Community Development Services, City Hall, 15 Market Square, Saint John, N.B. _ between the hours of 8:30 a.m, and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at. City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 658-2862 PROJET DE MODIFICATION DE L'ARTiCLE 39 ORIET : 50, RUE CARLETON Par les presentes, un avis public est donne par lequei le conseil communal de The City of Saint John indique son intention d'examiner une proposition lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundl 6 f6vrler 2017 8 18 h 30 en apportant les modifications suivantes: Modification des conditions impos€es en vertu de ('article 39 relativement au is modification du plan municipal et au rezonage, qui ont eu lieu le 16 fevrier 2009 de la propriet6 situee au 50, rue Carleton, et portant les NID 00037507, 00037762, and 00037515, pour permettre developpement futur. RAISON DE LA MODIFICATION: Permettre developpement futur. Toute personne int4ressee peut examiner la modification propos6e au bureau du greffier communal ou au bureau du service de la croissance et du developpement communautaire a I'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veulllez faire part de vos objections au projet de modification par ecrit a I'attention du soussigne A PhOtel de ville. Si vous avez besoin des services en franSais pour une reunion de Conseil Communal, veuillez contactor le bureau du greffier communal. Jonathan Taylor, Greffier communal 658-2862 (aussi disponible en frnnCals) Type of Application Contact Information El Subdivision El Variance El Conditional Use; 0 Letter far Liquor Licensing Similar r Compatible I 7w Temporary Use ❑ Change: Rc-cstabli,,ihmenj of Non -Conforming Ihic Name of Applicant Cin of Saint John I hand Community lapment Services} Mailing Address of Applicant (with Postal Code P.O. Box 1971. Saint John. NB E2K SP8 Home Telephone Number Work Telephone Number 6-5&2911 Fax Number E-mail Name of Property Owner (i rdiffinvidt from applicant) Mailing Address (with Postal COde)_ ... ... . ­,"', . .... ... Property Information Location 50 Carleton Street PIDs00037507,00037762,00037SIS Civic ?, Street PID Existing Use of Property: Vacant uildi Proposed Usc of Property 18D Existing Plan Designation of Property Primary Centre Proposed Plan Designation of Property Some Existing Zoning of Propem, Uptown Commercial (CU) Proposed Zoning orPropLrty_jRme Description of Application Describe what you propose to do (attach additional pages irnecessary). Rescind Section 39 Conditions imposed In conaunction with the plass, nni"S approvals for the Peel Plaza Pirciect to allow for the sale and development of the site In accorcance with the existing Uptown Commercial ICU) zoning NOTE: If the applicant is NOT the owner, the ONVOC!"S Signature OT authorisation (in writing) to submit this application is required. Signature ofApplicautComRg2�&tlon Signature of Owner. mon Council Date I For Office Use Only Reviewed by Development Officer Information Accompanying Application: Date k2tember 6, 2016 0 Municipal Plan Amendment ❑ Zoning By-law Antendmem X Amendment to Scclion 39 Conditions ... Zoning Confirmation Letter Contact Information El Subdivision El Variance El Conditional Use; 0 Letter far Liquor Licensing Similar r Compatible I 7w Temporary Use ❑ Change: Rc-cstabli,,ihmenj of Non -Conforming Ihic Name of Applicant Cin of Saint John I hand Community lapment Services} Mailing Address of Applicant (with Postal Code P.O. Box 1971. Saint John. NB E2K SP8 Home Telephone Number Work Telephone Number 6-5&2911 Fax Number E-mail Name of Property Owner (i rdiffinvidt from applicant) Mailing Address (with Postal COde)_ ... ... . ­,"', . .... ... Property Information Location 50 Carleton Street PIDs00037507,00037762,00037SIS Civic ?, Street PID Existing Use of Property: Vacant uildi Proposed Usc of Property 18D Existing Plan Designation of Property Primary Centre Proposed Plan Designation of Property Some Existing Zoning of Propem, Uptown Commercial (CU) Proposed Zoning orPropLrty_jRme Description of Application Describe what you propose to do (attach additional pages irnecessary). Rescind Section 39 Conditions imposed In conaunction with the plass, nni"S approvals for the Peel Plaza Pirciect to allow for the sale and development of the site In accorcance with the existing Uptown Commercial ICU) zoning NOTE: If the applicant is NOT the owner, the ONVOC!"S Signature OT authorisation (in writing) to submit this application is required. Signature ofApplicautComRg2�&tlon Signature of Owner. mon Council Date I For Office Use Only Reviewed by Development Officer Information Accompanying Application: Date k2tember 6, 2016 0 Letter of Intent ❑ Tentative Subdivision Plan X Site Plan Building Elevations X Fee: %L2 Charg Other A* P.O. Ban 1973 SaftJohn, NO Canada UL41 wwwsakMahnc2 C.P. 1971 Saint John KA. Canala EX 41.1 SAINT IOHN 0z"! Geweml ('0uhliam 3bfmrw Me, rajor'sol"m it l4wi9, ksdA4v'q in wth-Flort4v Orl."IMIsm AAA f" OMMT 011 vaiMaRmwism wnirv, 14-v"Mv OP ^is -, 1OW& d to dum khu,'k is m7we6% lides.1 law. fAss-OA 4SWw.A4sv milo m(c4larr umdr I& usir "'1154vil swilt Ado, M) F21. IPA 0061 65A. W Y.O. gem 1971 5aint John, AB Canada EX WL www.saingohn.ca C.P, 1971 SOM John. N.-& Canada E2L 4LI IXllgltp.°�fiba .:a 95 cloy SAINT JOHN I Tlbblt5, Kell From: Langille, Curtis Sent: October -26-16 10:47 AM To: Reade, Mark Cc: Irving, Brian; Fudge, Kevin Subject: Section 39 Amendment for Peel Plaza Project House and Accillary lands Further to our recent conversation regarding the above, see below Council resolution elated Sept. 61h 2016. The present Section .39 conditions impowd on the a=ubJe;: t WAS iiuuafts the POS Sible Use(s) for the proporty, Assuch, the City is in the process of advertising these lands for saleMeatse tfa time public. It is in the best interest of the City to be able to advertise these lands without the Section 39 Conditions which urnlaedes their potential use,, Also, as ;t was the Planning Dept. who made application to Council for their consideration of rezoning a number of years ago, which resulted In the Seco 39 conditions being placed on the Ia ndK it would be prudent for the same City (Dept. to make application to remove or amend these conditions,, Please advise when the necessary application is subrraitted to Council for their consideration. ! ullrllis III an: ltillIe fi,e as 11 IEstate Sie rvlice, ,, " siet M air i a ieIinr" it int Citya:af Sarliurat.tolhin t°t It ruga .1.9''t".t. , ,Saa li iru t , ll r:lh n," IIWllil, EZL.411. Phi #5016 6, 2,61. 1. curtis.lan ille Ssaint°o1 hr�.ca From: Anglin, Patricia Sent: September -07-16 10:09 AM To: Langille, Curtis Subject: Resolution Synagogue Open Session September 6h, 2016 Item 17. 3 Four Peel Plaza Surplus Properties RESOLVED that as recommended by the Committee of the Whole having met on September 6th, 2016 Common Council approves the following: 1. That Common Council deem the properties known as the former Synagogue (PID 37549), the Peel Plaza Project Office (PPPO) and adjacent Peel Plaza Lands (PPL) identified as PID #s 37507, 37762 & 37515 as surplus to its needs; 2. That Common Council authorize Community Growth and Planning Services to make application to amend the Section 39 conditions for PID #s 37507, 37762 and 37515; ®I 3. That Common Council directs staff to market the land and buildings identified as PID #s 37507, 37762 & 37515 as available for sale or lease; and further 4. That Common Council direct staff to call for quotations to demolish the former Synagogue, located at 76 Carleton Street. MOTION CARRIED with Councillor Reardon, voting nay, stating the following reason: the Synagogue is a heritage building, the heritage buildings are the brand of Saint John, not new structures. 0-1 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 180 COSY LAKE ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: Redesignate, on Schedule B of the Plan, a parcel of land with an area of approximately 4.03 hectares, located at 180 Cosy Lake Road also identified as being PiD No. 55005425, as illustrated below, from Rami Resource Area to Ruunl Residential Area, A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, February 6, 2017 in the Council / Chamber, / Lobby Level. City Hall. REASON FOR CHANGE: To permit a two lot subdivision. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by March 6, 2017. Enquiries may be made at the office of the Common Clerk or Growth and Community Development Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. If you require French services for a Common Council meeting, please contact the office cf the Common Clerk. Jonathan Taylor, Common Clerk 658-2862 PROJET DE MODIRCATION DU PLAN MUNICIPAL OBJET: 180 CHEMIN COSY LAKE Par les presentes, un avis public est donnL6 par lequel le conseil communal de The City of Saint John a ('intention d'6tudier Ia modification du plan d'am6nagement municipal comme suit: Moder to designation, a I'annexe B du plan, d'une parcelle de terrain d'une superficie d'environ 4,03 hectares, situ6es au 180 chemin Cosy Lake, portant le NID 55005425, comme it est indiqu6 ci-dessous, afin de les faire passer de sectear de ressoums rumles a secteur reshleatiel rural; RAISON DE LA MODIFICATION: Permettre un lotissement de deux lots. Veuillez faire part au consell par 6crit de vos objections au projet de modification au plus tard le a mars 2017 a I'attention du soussign6. Pour toute demande de renseignements, veuillez communiquer avec le bureau du greffier communal ou le bureau de service de la croissance et du developpement communautaire a I'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Si nous avez besoin des services en franpis pour une r€union de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, greffier communal 658-2862 Une pr€sentation publique du projet de 1b modification F-, ° aura lieu lors de la reunion ordinaire du conseil communal le lundl 6 FEvrier 2017 dans la salle du conseil, au niveau du hall d'entr6e, a I'h6tel de ville. RAISON DE LA MODIFICATION: Permettre un lotissement de deux lots. Veuillez faire part au consell par 6crit de vos objections au projet de modification au plus tard le a mars 2017 a I'attention du soussign6. Pour toute demande de renseignements, veuillez communiquer avec le bureau du greffier communal ou le bureau de service de la croissance et du developpement communautaire a I'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Si nous avez besoin des services en franpis pour une r€union de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, greffier communal 658-2862 From: stephen faulder <diveharder02@msn.com> Sent: January -06-17 1:24 PM To: Reade, Mark Subject: Proceed with aplication to ammend municipal plan Good Afternoon Mr Reade We have been talking and would like to proceed with the application to ammend the municipal plan as we had discussed in December. We don't forsee any problems in respect to DOE and getting a permit to put a culvert in as it has already been done twice on the adjacent lots. Please let me know if there is anything else you need. When would it go before council and would i be able to or need to attend to attend any meetings pertaining to it. I know you had mentioned ads in the paper and the time it takes but other than that any info would be greatly appreciated. As you know it is only our intention to build a home by my father as he is getting older and it has always been somewhere I love to be. It will not impact infrastructure or in any way be debtrimental. It would only add to the tax base in a city which is trying to do so. Again i thank you for your time with this matter and look forward to hearing more from you. Regards 100 Stephen Faulder To the Planning Advisory Committee I Stephen Andrew Faulder am respectfully submitting this application for the subdivision of my father's property located at 180 Cosy Lake Road (PID # 55005425 ) . It is mine and my wife's intent to build a home on the divided property. We are requesting to split the lot in two. There would then be two single family homes an good sized lots with no future subdivision. I do not feel that doing this would in any way burden existing infrastructure nor will it require any, except for garbage/ compost removal which I'm more than happy paying the city of Saint John for. I am also happy to increase the city s tax base and be a resident of the city. I would like to say that my father has had the property since 1993 and we built the existing house on it shortly thereafter. l have lived and worked In Saint John most of my life since immigrating here with my parents in 1979 at the age of 5, I'm 42 now. I have been fortunate enough to be able to stay here. I am proud to say I haven't had to join the bandwagon and go out west for work. I love the province, the Maritimes and the city of Saint John and it has long been a dream of mine to build here, by my bad and In Saint John. My wife and I see this as an opportunity to build our dream and as we both work In the city would love for it to be there. I have also spoken with the neighbors up and down the street and none of which have any concerns with our plans. it is with that I formally submit this application for subdivision. I thank you for your time with this matter and I await your reply. Respectfully, Stephen Faulder 101 LAKE A NP ! ■ a N A-LIIIIIJ3 I rJUll LN11111OCr ')9J4j I UrUcl' Lode U)VNPH I I -8UU-462-04b4 OPA farnity w0c. r-. k I Page I of 6 http://wv.-A,.familyhomeplans.,corn/print_plan_details.cfm?PlanNumber-99943 103 10/17/2016 I JIMI) I JUJIlk:t I.u1.R`,1.U11i i 1'[itll Il. Ulf IVVI `J`JV-IS j kirue' l oue WW L13 � I ASUU-482—t4() F pdgtC 1 of 6 M Il N .. ..� I�^ �W��, .@�✓: �&:�"�:: .µii.:-`, http-."-ww familyhomeplans.com/ptint_plan detaits.cfm?PlanNumber99943 10/17p1016 104 �a ys� 5 kq.4 ' _ #6RiMP.'$C. •., Y0.^$=S M Il N .. ..� I�^ �W��, .@�✓: �&:�"�:: .µii.:-`, http-."-ww familyhomeplans.com/ptint_plan detaits.cfm?PlanNumber99943 10/17p1016 104 I-allill) I lllfllel-lams. ulil j I-la[3 .V UIIIGCr JJJ4.J j 11rdct uk)(le U.,J w k 13 145UU-481_U.;b4 Pagu 3 of 6 http:l/ w.Familyhvmeplans.comlprint_plan details.cfin?PlanlI ber=49y43 10/17/2016 105 a1141} llulllUrILUlS.[:U11t ., I-WIl I\UJIMer vv1-+a p urw LOUC U.") 1% LB V I-5UU-46l-U4b4 Page 4 a1 6 http://w►vw.familyhomeplans.camlprintrplan details.cfm?P1anNumbcr=99943 10/17/2016 106 MEMUMMONIM Madificatian de ParnEtb de nonage I remonege svee modification de plan municipal 3 590 S ❑ ModiScatiwr de Pa tI4 de aunage / rwonage 2 SMS [3 Modificaliom de twrrditions IO&S Par Particle39 2500S D[aogation, Usage condtiounI Usage comparable I eorI ❑ Usage lempor I Remplaoement / rdtablissaient dun usage nI 250S eaoforme Lem de confirmation. de. zanage, Lettrn Pour permis d 'alcool ❑ ��aw Amendotent / Rezoning with Munioip;� Plam Exemption cu approbation de 1"agent d'ammulgcrttent 19 $ ❑ $3,500 Zoning 6y -law Amendment I Re=ing S2,50D ❑ Amendment to Section 39 Conditions S2SOD ❑ Variance, Conditional Use, Similar / Compao'bleUse, Temporary Sams services 1100 $, pina 100 S pour Usq Charge / Re-e�i luhmeot of Non-ConfbI Use 5250 claque ICTfelm Zoning Confirm&I Lena, Letter for Liquor Licensing SIOD Developme"t OJEW of 14=ption I Approval $10 ID Subdivision: Zamge 30S Serviced Unserviced $250, plus S50 per la 50$ $1.200, plus Sl F* par lot 75S Copies of Sy -laws: Subdivision $IS 7.onmg $30 Municipal Plan (Electronie Formai) 330 Mordcipal Plea (Hard Copy) $75 Type de service ❑ Madificatian de ParnEtb de nonage I remonege svee modification de plan municipal 3 590 S ❑ ModiScatiwr de Pa tI4 de aunage / rwonage 2 SMS [3 Modificaliom de twrrditions IO&S Par Particle39 2500S D[aogation, Usage condtiounI Usage comparable I eorI ❑ Usage lempor I Remplaoement / rdtablissaient dun usage nI 250S eaoforme Lem de confirmation. de. zanage, Lettrn Pour permis d 'alcool 100S ❑ Exemption cu approbation de 1"agent d'ammulgcrttent 19 $ ❑ I.rtissemart: Avec services 250 S. Pias 50 $ pour ague terrain Sams services 1100 $, pina 100 S pour claque ICTfelm ❑ Copies des arratts : Lotiasemcnt 15$ Zamge 30S NO mumicioal (format Electtgnique.) 50$ Plan municipd (papier) 75S p IPA IW W11 WoWKSiMC.-II LH, 410.uuaw,w, frroq�mkmm Wdrvnft' kA I WW II W;,. P.ii, �, 40 SAINrlaatr+ 107 A LAW TO AMEND THE MUNICIPAL PLAN BY-LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By-law of The City of Saint John enacted on the 30th day of January, A.D. 2012 is amended by: I Amending Schedule B — Future Land Use, by redesignating a parcel of land with an area of approximately 4.03 hectares, located at 180 Cosy Lake Road also identified as being PID No. 55005425, from Rural Resource Area to Rural Residential Area; - all as shown on the plans attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of *, A.D. 2017 and signed by: AI KL+ 1L+' lel" U.Y. IU6 ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors dune reunion du conseil communal, The City of Saint John a ddicte ce qui suit: L'arretd concernant le plan municipal de The City of Saint John ddcrdtd le 30 janvier 2012 est modifid par: la modification de Pannexe B Utilisation future des sols, afin de faire passer la ddsignation dune parcelle de terrain d'une superficie d'environ 4,03 hectares, situees au 180 chemin Cosy Lake, et portant 1e NID 55005425, de secteur de ressources rurales a secteur residentiel rural - toutes les modifications sont indiquees sur les plans ci joints et font partie du present arrdte. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrdtd le 2017, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture Received Date January 27, 2017 Meeting Date February 06, 2017 Open or Closed Open Session His Worship Don Darling and Members of Common Council Your Worship and Councillors: Subject: Training for Appointees to City ABCs Background: Much of the city business, and a significant amount of the city's budget, are managed by citizens appointed by council. While new councilors receive training and orientation every 4 years, many of our appointees, while having qualifications and motivation, may not have the skills and knowledge about governance and Robert's Rules to that would make them most effective. I believe our staff have the expertise and knowledge to put on an annual training session that would educate our appointees in their general role inside the organization and provide them with basic training in governance and how effective meetings run. Motion: Appointees of the City of Saint John to Agencies, Boards, and Commissions must attend training on city governance and Roberts' Rules of Order (with any City of Saint John adaptations) within one year of being appointed to their position. Current appointees would be grandfathered, but invited to these sessions. Respectfully Submitted, (Received via email) Gary Sullivan Councillor at Large City of Saint John SAINT JOHN P.O. Box 1971 Saint Jahn, NB Canada E2L 4L1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1 ---- — I `[ole.] Received Date February 01, 2017 Meeting Date February 06, 2017 Open or Closed Open Session His Worship Don Darling and Members of Common Council Your Worship and Councillors: Subject: Zoning Bylaw Standards to address Seasonal Car Shelters Background: Currently snow shelters for vehicles and pedestrians can be installed throughout our community without municipal regulation. While they serve in protecting vehicles and people from inclement weather during the winter months, they can detract from the aesthetics of our neighbourhoods, among other land -use considerations, especially when they remain beyond the winter season. Motion: That Common Council direct the Growth & Community Development Services Department to propose new Zoning By-law standards to address this issue. Respectfully Submitted, (Received via email) Donna Reardon Councillor Ward 3 City of Saint John (P4 ­ SAINT JOHN ---- — I P.O. Box 1971 Saint Jahn, NB Canada E2L 4L1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1 `sK COUNCIL REPORT M&C No. i/ fOLM(t OfSh,1 ej)0iW Report Date January 25, 2017 Meeting Date February 06, 2017 Service Area Public Safety Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Memorandum of Understanding (MOU) between the New Brunswick Community College and the City of Saint John OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Scott Brittain / Kevin Clifford Kevin Clifford Jeff Trail RECOMMENDATION It is recommended that Common Council adopt the following resolution: RESOLVED that the Mayor and Common Clerk be authorized to execute the attached Memorandum of Understanding between the City and the New Brunswick Community College. EXECUTIVE SUMMARY This particular MOU is to establish a relationship between the City of Saint John and New Brunswick Community College. In view of the opportunities that the Fire Training Centre has presented both in terms of providing a first class training facility and a platform for revenue generation that leverages the expertise of the Saint John Fire Department, we have been in discussions with the New Brunswick Community College (NBCC) respecting mutually beneficial partnership opportunities. NBCC has particular expertise and skillsets that are expected to very nicely complement those of the Saint John Fire Department. In addition to the excellence that NBCC bring to the table in research and instruction, they also have particular expertise in understand the training market and identifying third party funding opportunities and navigating the associated processes. 111 -2 - The purpose of the attached MOU is to formalize the exploration and viability of those opportunities and, should such opportunities be identified, it is anticipated that we would be returning to Common Council at a future date with a further and more expansive MOU that addresses the particulars of those opportunities, how revenues would be allocated and the obligations of each party in the delivery of programming. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT This MOU is directly aligned to Common Council priorities. This MOU supports fiscal responsibility in that it will attempt to leverage the NBCC relationship opportunity to generate revenue and identify alternate sources of funding. This MOU also supports the fire services efforts to explore training improvements and enhancements through innovation and by developing partnerships with community organizations. The development of specialize emergency response capability is critical to growth and prosperity within the industrial environment. SERVICE AND FINANCIAL OUTCOMES The attached MOU could lead to a more robust training environment and as such help ensure that emergency responders are as competent in acquisition and maintenance of necessary skills. The attached MOU may also help identify third party funding that will help support the development of a world class emergency services training facility. A world class emergency services training facility could be an effective component of the fire service revenue generation program. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Solicitor's Office is the primary author of this agreement. ATTACHMENTS MOU between the New Brunswick Community College and the City of Saint John `spa MCI Memorandum of Understanding between New Brunswick Community College ("NBCC") New Brunswick, Canada and The City of Saint John (the "City") New Brunswick, Canada Exploration of Partnership Opportunities for Training and Research in Fire Fighting Objective of Agreement To collaborate on the exploration of opportunities for the development and delivery of firefighting courses on topics such as flammable fuels, industrial fire brigade, storage tanks, pipelines, waterborne vessels, railcars, loading facilities, etc. in order to identify opportunities to jointly promote and deliver courses designed as maintenance courses on the skills required for existing fire fighters. Currently NBCC has a mandate to deliver firefighter training for the Office of the Fire Marshall. This partnership will serve to complement these already established deliveries. Both partners recognize the importance of providing world class training experiences, and being able to market those offerings for their mutual financial benefit. The partnership will rely on delivery of results, as measured by volume of course offerings, quality of those courses and the revenues generated from these new activities. Both partners recognize that the results of the exercise of exploring opportunities of the nature and variety described above will inform the contents of a subsequent agreement that will 1I P a g NBCC College works. Make it work for you. address such factors as mutual obligations and expectations and the division of revenues should the partners identify opportunities that can be offered an operationalized for their mutual benefit. Conditions and Agreed Responsibilities New Brunswick Community College agrees to: • Work with the City and industry stakeholders to create a vision of a world class facility in industrial firefighting and technical rescue, which includes collaboration with those partners to realize that vision; • Identify potential funding sources that can be accessed to support collaborative projects between the partners resulting from this MOU; • Prepare proposals for submission for funding should viable funding sources be identified; • Actively promote a training schedule for courses designed to maintain the skills of firefighters to be delivered in partnership with the City of Saint John to other fire departments in the Province. City of Saint John agrees to: • Collaborate with NBCC in the creation of the vision of the world class facility in industrial firefighter training; • Support the identification and development of funding applications resulting from this MOU; • Provide subject matter experts for the development of new curricula in industrial firefighting as well as technical rescue per industry standards; • Provide support (if requested) to the Fire Marshal's effort to acquire certifications such as those provided by the International Fire Service Accreditation Congress (IFSAC) and/or the ProBoard; • Collaborate with NBCC on the scheduling and delivery of firefighting courses. Indemnity against Claims Except otherwise provided in this agreement, each party shall indemnify and save harmless the other party from and against all claims, damages, loss, costs and expenses relating to: ■ Any injury or death of a person, or loss of or damage to property, caused or alleged to be caused as a result of performing this agreement; ■ Any lien, attachment, charge, encumbrance or similar claim upon any property vested in the other party under this agreement; NBCC College works. Make it work for you. iisM 2 1 Pegs ■ Any use or infringement of patent, trademark or copyright in performing this agreement as a result of use of services by the other party. Confidentiality This agreement and all other information issued, used, or disclosed by one party to the other, excluding other party information available to the public, are private and may be classified as to the degree of precaution for their safeguarding. Both partners are subject to the requirements of the Right to Information and Protection of Privacy Act. Moreover, the City is subject to the provisions of the Municipalities Act. Accordingly, this Confidentiality provision must be viewed in that light. Amendments and Scheduled Review This agreement may be amended or modified at any time by the mutual written consent of the cooperating institutions, as supported by the necessary authorizations required by law. Otherwise, this agreement is scheduled to be reviewed in one year from the date of signing. The review will include an analysis of the opportunities that have been identified for collaboration together with an assessment of available third party funding as well as the development of the vision of a world class training capability in industrial firefighting, incremental revenue realized and anticipated and the anticipated quality of course offerings as measured by third party certifiers. The contacts for the amendments and/or review are: New Brunswick Community College: Heather Hathaway Director of Business Development New Brunswick Community College 284 Smythe Street Fredericton, NB E3B3C9 Term of Agreement NBCC College works. Make it work for you. `§1.1 City of Saint John: Kevin Clifford Fire Chief / Director SJEMO City of Saint John 45 Leinster Street Saint John, NB E2L1H9 3 1 Pegs This Memorandum of Understanding becomes effective when both parties have signed it and shall remain in force until the sooner of the expiration of two (2) years or by terminated by either party giving the other party six (6) months written notice. Accepted on behalf of New Brunswick Community College: Marilyn Luscombe President, New Brunswick Community College Accepted on behalf of Partner: Don Darling Mayor City of Saint John Jonathon Taylor Common Clerk City of Saint John NBCC College works. Make it work for you. Date Resolution Date 41 P a g COUNCIL REPORT M&C No. 2017-024 Report Date January 31, 2017 Meeting Date February 06, 2017 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Freedom of the City OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jonathan Taylor I Jeff Trail RECOMMENDATION That Council grant Freedom of the City to the following cadet units: ➢ No. 9 Rodney Sea Cadets, formed 1927 ➢ No. 1691 Saint John Army Cadets, formed 1940 ➢ No. 161 CK Beveridge Air Cadets, formed 1942 ➢ No. 527 Simonds Air Cadets, formed 1950 EXECUTIVE SUMMARY The purpose of this report is to recommend that Common Council grant the Freedom of the City to the four local cadet units and that a ceremony be arranged in September 2017. PREVIOUS RESOLUTION Council adopted the following resolution on July 11, 2016: "RESOLVED that the Request for Freedom of the City from 161 CK Beveridge Air Cadets be referred to the City Manager." REPORT Common Council received a request from the 161 Squadron, Royal Canadian Air Cadets, in July 2016 to be granted the Freedom of the City honour. The request was referred to the City Manager for a report and recommendation. Since that time, a small working group consisting of the Deputy Mayor, the City's Cultural Affairs Officer, Harold Wright and Major Kim Allan, the Area Cadet Instructor Cadre Officer for Southern New Brunswick, has been working on this file. `§F:3 -2 - History and Origins The Freedom of the City is considered the highest honour the City can bestow upon a person or persons. In Saint John, the honour has been granted to individuals who have made significant contributions to the City and to groups and military units with historic ties to the City. Since 1901, Common Council has bestowed the Freedom of the City to over 170 individuals and/or groups (see Appendix A). Some of the qualities and criteria used to describe past Freedom of the City recipients are: • Identified with cultural and educational life in NB • Contributed to educational development of many of the citizens of NB • Served Canada with honour and distinction in both peace and war • Showed great interest and devoted a great deal of time and effort toward the promotion of the welfare of fellow citizens • Exemplified the highest standard of good citizenship and community service throughout life, and set an example in leadership • Prominently identified with the business community and made significant contribution to the economic development of Saint John and the Province of NB The City's authority to award Freedom of the City is derived from Provincial legislation. An Act to authorize the Common Council of the City of Saint John to confer the Freedom of the said City upon any person or persons in certain cases, (1901) 1 Edw. 7, C. 44, provides: Whenever the Common Council of the City of Saint John shall, by a unanimous vote thereof, declare that it is desirable to confer the Freedom of the said City, upon any person for the purpose of Honourable Distinction, it shall and may be lawful for the said Council, and it is hereby authorized and empowered so to do. Freedom of the City for Individuals The Freedom of the City has been awarded to numerous individuals since 1901. Some notable recipients are: Charles Gorman (1926); Eleanor Roosevelt (1956); Philip Oland (1970); K.C. Irving (1984); Fred Ross (1999); J.K., Jack and Arthur Irving (2012); Dr. Richard Currie (2012) Traditionally, a ceremony has been held for the Freedom of the City recipient and a formal dinner/banquet has been arranged. The Mayor and Council attend the event and a number of guests are invited to honour the recipient. Mel -3 - Freedom of the City for Military Units The Freedom of the City for military units is traditionally granted to units with historic ties to the area and it is often accompanied by a celebratory parade through the city. It is customary for military recipients who have received the award to exercise the Freedom of the City by marching through the streets of the City "with flags flying, fixed bayonets and drums drumming". The Mayor plays an important ceremonial role in this event by giving greetings to the military units, inspecting the units and presenting the Freedom of the City certificates. Freedom of the City for Cadet Units It is important to note that the cadet units are not considered military units. They can be described as civilian organizations supported and funded by a national civilian organization. Examples of cadet units include: The Navy League of Canada (1895); the Army Cadet League of Canada (1909-1971), and the Air Cadet League of Canada (1941). Although Saint John has never conferred Freedom of the City on a cadet corps, it has been done in Dieppe, Fredericton, Oromocto, Sussex, and St. Stephen. The working group for the current Freedom of the City request has recommended that Council consider honouring the four local cadet units together rather than honouring only one individual unit. Harold Wright recently submitted a letter to the City Manager in which he wrote: In the 90 years since the cadet movement began in Saint John (Sea Cadets 1927), it is estimated that about 20,000 local young males and females have benefited from the cadet program. They have contributed to the social, cultural and economic well-being of Saint John. An appropriate thank you would be to award the cadet units, either singularly or as a group, with this City's highest civic honour, the Freedom of the City of Saint John. Should Council decide to grant Freedom of the City to the four cadet units, it is proposed that a ceremony would be arranged in September 2017. A large event could be arranged with the four cadet units, affiliated military units who were previously awarded Freedom of the City, and the Saint Mary's Band. It is anticipated that the costs associated with this proposal would be limited to the printing and framing of the Freedom of the City certificates as well as some staff time and possible in-kind support from the City. The cadet units would be responsible for the majority of the planning and execution of the ceremony. `IWel -4 - STRATEGIC ALIGNMENT The recommendation aligns with the Council priority of a Vibrant City. SERVICE AND FINANCIAL OUTCOMES The anticipated cost associated with awarding Freedom of the City to the four cadet units is approximately $1000. Staff time and some in-kind services from the City may also be required. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Cultural Affairs Officer, Harold Wright, Deputy Mayor McAlary, Major Kim Allan ATTACHMENTS List of Freedom of the City Recipients 121 FREEDOM OF THE CITY RECIPIENTS SINCE 1901 PERSON/GROUP TITLE DATE SOLOMON, Richard Stuart Resident of Capetown, South Africa July 2, 1901 ADAMS, George G. Boer War Veterans (July 13, 1901) ADDISON, Joseph P. ANDERSON, W. Earle ARMSTRONG, Beverley R. BELL, Walker H. BETTLE, Frederick E. BURNSIDE, James M BYRANT, William CARNEY, John P. CHERLEY, Frederick T. CHISHOLM, William Allan COOMBS, Frederick W. COOPER, William J. (or Walter) CRAIG, Edward A. CUNARD, C.W. DONOHOE, William W. DOWNING, Walter W. DOYLE, Andrew DOYLE, F.L. EDWARDS, W. FABRE, David J. FAIRWEATHER, P.R.L. FOSTER, Minard G. GLOBE, Alexander R. GRECIE, James HARRISON, Roy Arnold HATFIELD, Arthur S. HAWKINS, J. Frank HAYDEN, Arthur HOWARD, A.G. HUBLEY, Russell C. HUNTER, William L. IRVING, Walter H. JENKINS, Charles Leonard JOHNSON, James `W PERSON/GROUP TITLE DATE JONES, Frederick Caverhill KAYE, John Henry KIRK, George P. KIRKPATRICK, Frederick A. LAWSON, Frederick W. LEAVITT, A. LETSON, Joseph LOCKHART, John H. MALLORY, Edwin P. MARKHAM, Ralph F. McCAIN, Frederick McCULLEY, J.R. McDERMOTT, James McELHINNEY, John A. McINTOSH, A.L. McINTYRE, Robert McKINNSON, Hedley Vicars McLEAN,Charles Wesley Weldon McLEOD, George F. McMULLIN, William F. METZLER, Harry MONTEITH, Joseph (or James) MOOREHOUSE, A.H. MORLEY, Henry Austin MORRISON, Daniel A. MORRISON, F. Stanley NILANT, John PARKS, John H., Junior PASCOE, J. Benson PELKY, Ambrose PENNY, Richard PHILLIPS, Henry E. POLKINGHORN, George RAWLINS, John RAYMOND, William J. REDMOND, Charles T. ROBERTS, Arthur ROBERTSON, J. HARRY ROBERTSON, Duncan R. RYAN, John T. SCHOFIELD, Allan McLeod `P491 PERSON/GROUP TITLE DATE SCOTT, John SIMSON, Alfred SMITH, Louis SPRAGUE, Frank W. STANTON, Leight STEVENSON, H. Irving STRANGE, Ernest Harold SWATRIDGE„ William O. TURNER, Robert M. UNKAUF, William C. VENNING, Walter E. WALSH, John WILLIAMS, John H. WILLIAMS, Frederick WITHERS, Lemuel J. MCLEOD, Norman P. SINGER, Leslie M. Boer War Veteran December 5, 1901 KIRKPATRICK, Frederick W. Boer War Veteran December 5, 1901 HAYDEN, Daniel S. Boer War Veteran December 5, 1901 COLLINS, Thomas Life Boat crew member November 2, 1903 LAHEY, Fred C. Life Boat crew member November 2, 1903 LAHEY, Edward Life Boat crew member November 2, 1903 MILLER, James Life Boat crew member November 2, 1903 MURRAY, Edward Life Boat crew member November 2, 1903 MURRAY, James Life Boat crew member November 2, 1903 MCDERMOTT, Daniel Life Boat crew member November 2, 1903 O'LEARY, John Life Boat crew member November 2, 1903 SPEARS, Harry Life Boat crew member November 2, 1903 BEATTY, Edward Wentworth Pres. C.P.R. December 4, 1923 CONNOLLY, James Pres. of City Cornet Band November 18, 1924 GORMAN, Charles L World Speedskating Champion February 16, 1926 AITKEN, The Rt. Hon. William Lord Beaverbrook Maxwell August 17, 1928 McLEAN, Angus Industrialist November 20, 1930 BENNETT, The Rt. Hon. Richard Prime Minister Bedford May 11, 1933 CLARKE, Charles Adam Salvage Corps & Fire Police, No 1 Company April 19, 1934 LORDLY, Sterling Botsford Salvage Corps & Fire Police, No. 1 Company April 19, 1934 PERSON/GROUP TITLE DATE WEBSTER, Dr. John Clarence Historian August 13, 1936 HAMM, Robert Parker Salvage Corps & Fire Police, No 2 Company April 13, 1936 HUMPHREY, Harry Jasper Vice -Pres. & General Manager, C.P.R. August 24, 1936 MAYER, Louis Burt Film magnate May 19, 1939 NESBITT, Arthur James Financier & Industrialist August 24, 1939 MacINTOSH, Dr. William Director, Natural History Society Museum and New Brunswick Museum January 2, 1941 O'CONNELL, James Daniel Philanthropist February 11, 1943 WHITE, Dr. Walter Woodworth Former Mayor February 11, 1943 ROSS, Frank MacKenzie Industrialist June 4, 1943 FINLEY, John Lindsay Salvage Corps & Fire Police, No. 1 Company December 16, 1943 MITCHELL, John Cecil Salvage Corps & Fire Police, No. 1 Company September 7, 1944 CRERAR, Gen. Henry Duncan Graham General Officer Commanding -in - Chief, First Canadian Army November 29, 1945 HOWARD, Edward Percy Salvage Corps & Fire Police, No. 1 Company October 21, 1954 MacLaren, The Hon. D. L. Lieutenant -Governor of New Brunswick May 18, 1955 YOUNG, The Rev. Canon John Vernon Clergyman January 31, 1956 ROOSEVELT, Anna Eleanor Wife of late President of the United States May 1, 1956 FARREN, George Crawford MacLise Salvage Corps & Fire Police, No. 1 Company May 22, 1956 CUMMINGS, Nathan Philanthropist April 24, 1958 CHTTTICK, George Corbett Contractor October 28, 1958 BARBOUR, George Ernest January 13, 1959 WHITEBONE, James Alexander Former Mayor, Alderman & Labour Leader May 18, 1961 McINERNEY, Q.C., Henry Owen Judicial Officer March 12, 1962 MAIN, Wilmot B. Educator April 29, 1963 WILSON, Charles Newcomb Businessman May 18, 1964 SIMPSON, George Former Councillor and County Warden May 1, 1967 ` &I PERSON/GROUP TITLE DATE TEED, Muriel V. Cultural & patriotic organizations leader May 18, 1967 COOK, William H. Boer War Veteran May 18, 1967 COMEAU, Harry T. Boer War Veteran May 18, 1967 FINNAMORE, Arthur Boer War Veteran May 18, 1967 FITZGERALD, John M. Boer War Veteran May 18, 1967 HAMM, Frank N. Boer War Veteran May 18, 1967 WEAVER, Frank W. Boer War Veteran May 18, 1967 STEVENS, Alonzo Boer War Veteran May 18, 1967 OLAND, George B. Boer War Veteran May 18, 1967 CARTON, Arthur W. Municipal Councillor and former County Warden May 18, 1967 KENNEDY, Joseph Kenneth Businessman May 29, 1968 TOGASAKI, Kiyoshi President of Rotary International August 19, 1968 3 FIELD ARTILLERY REGIMENT (The Loyal Company) Artillery Regiment December 13, 1968 OLAND, Philip Warburton Businessman May 18, 1970 BLACK WATCH (Royal Highland Regiment) OF CANADA Militia unit May 18, 1970 HOLDER, Bruce Edwards Musician May 18, 1970 SWEENEY, Edward Bernard Manager, Admiral Beatty Hotel July 28, 1971 MURPHY, Sister Marguerite (Veronica) Administrator, St. Joseph's Hospital July 2, 1971 PENDRIGH, Dr. Robert Murray Physician April 26, 1976 SOMERVILLE, Malcolm. M. Businessman May 24, 1983 Second Battalion, THE ROYAL CANADIAN REGIMENT Regular Infantry Regiment July 9, 1983 IRVING, Kenneth Colin Industrialist October 15, 1984 H.M.C.S. BRUNSWICKER Naval Reserve Unit July 6, 1985 COX, Kenneth Victor Businessman June 20, 1987 ST. MARY'S BAND Civilian concert band May 12, 1989 STAFFORD, J. Harold Labour leader November 6, 1989 POTTLE, Arthur L. Educator May 21, 1992 First Battalion, THE ROYAL NEW BUNSWICK REGIMENT (Carleton and York) September 18, 1993 LADY AITKEN Philanthropist April 19, 1994 722 (SAINT JOHN) June 11, 1994 `PU PERSON/GROUP TITLE DATE COMMUNICATION SQUADRON FRANKLIN, Mitchell Businessman June 18, 1994 31 (SAINT JOHN) SERVICE BATTALION September 24, 1994 ROSS, Frederick Joseph Visual Artist May 2, 1999 410 City of Saint John Squadron, Royal Canadian Air Force July 3, 2012 Irving, Arthur Businessman December 16, 2012 Irving, JK Businessman December 16, 2012 Irving, Jack Businessman December 16, 2012 Dr. Richard Currie Business Leader October 7, 2013 ` AFA '911111 City of Saint John PO Box 1971 Saint John, W E21- 41-11 WMM JAN a^2017 Should Common Council grant thiis request, I propose that a ceremony be held on the weekend of 17-18 September 2017. That weekend marks the 75#'anni,versary 161 I Squadron, and it is also Battle of Britaday. There are several military units which also have our Freedom! of the City and they could be invited to exercise their freedom on that Saturday. One of those units is our own 410 (City of Saint John) Squadron, RGeneral CAF I have had an informal discussion with the staff of Vance, the Chief of the Defence Staff, to have him join us on that weekend. Your Cultural Affairs officer and: I have discussed this a few times to formulate this request for the cadets. Should Council hon!our these youth with, the Freedom then perhaps you would appoint a small Committee to organize such a weekend parade. 1i W-13 National Ddfense Defence nationa|e Mayor Don Darling Common Councilors City ofSaint John POBox 1971 Saint John, NB E21- 41-1 REQUEST FOR FREEDOM OF THE CITY Dear Mayor Darling and City Councilors: ���� ~»� � 7 2 017 Since 1927 the Sea, Army and Air Cadet program has made asignificant impact mnthe youth of the Greater Saint John area. The aims of the cadet program are to cleveilop in youth the attrbu1esnfgood citizenship and leadership; prornotephysical �tnes�stimulate --|nthese� land and air ectividesofthe Canadian ArnmedForces, These young rnemand wvonnenCon--i''- etohave a vvnnde�uKfoundation bm0tfor tbernasthey emnbarkonsuccessful educational and 'vvomkoereeoinour We ask that you grant our Saint John area cadet corps with the Freedom ofthe City of Saint John aspart mfour Canada 15Oanniversary celebrations, One mfour cadet corps, 161C.K.Beverage Squadron, Roya~| Canadian Air Cadets, iarecognizing its 75thanniversary imSeptember 2O17'.That Squadron has a|read requested the Fmeedurnnfthe City. Yfyou grant our cadet corps vvithtNyhonmu�xvecould jointly ' celebrate with 161 Squadron with their place of honolur on a Freedom parade. Veunderstand that several Saint John and Canadian military units already have this civic honour. Should you honour our cadet corps with this honour, vveenvisage ajoint Freedom ofthe City parade with all the cadet and military units next September, This would be one of the largest military parades held inthe City since the end ofthe Second World War. We would be happy to provide additional information about our cadet corps if requested. Thank you for your consideration. Yours truly, �-Qor KimAllani, CD ADC(NB) Area Cadet Instructor Cadre Officer (Southern N8i RC5U(Atantic)Detachment GagetmvvnCaoadianArmed Forces OfficierdaCadre des |nstruoteorsdeCadets du Sectoeur (NB), QR5[iAtantique\D6techenneotdeGagetown Forces Armn'esCanadiennes tly oiqnS effar Commanding officer N II Rodney Sea Cadets Established 1927 ap 1316ir�aFk Commanding Officer #1691 Saint John Army Cadets Established 1940 Capt Peter Smith, - Commanding Officer #527 Simonds Air Cadets Established 1950 Lt(N) Cheryl Donnafly - Commanding Officer #268 Bras Vor Sea Cadets Established 1979 CI ip ornmanding Officer #1777 Saint John West Army Cadets Established 1941 and re-established 1998 CJesse, Mabee - Commanding Officer #3 4 Blue MouVn$ajn Army Cadets Established 199 Ca a6ori u-VacDonald :Comm-d-nding Of #1 4 i ngston Army Cadets Estab ished 1999 . . . . . . . . . . I Hafflax a Cadets Established 1989 89191 JAN, 2 w ",1 9101 COUNCIL REPORT M&C No. 2017-030 Report Date January 31, 2017 Meeting Date February 06, 2017 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Procedural By -Law Amendments OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jonathan Taylor I Jeff Trail RECOMMENDATION It is recommended that Council endorse the Procedural By -Law Amendments attached as appendix "A" and that staff be directed to prepare the amendments for 1St 2nd and 3rd reading. EXECUTIVE SUMMARY At the January 23, 2017 Committee of the Whole meeting, the City Manager was directed to report back to Council with suggested Procedural By-law amendments to address the by-law provisions respecting correspondence from the public and agenda publishing dates. The staff recommendations are contained in the draft Procedural By -Law Amendment attached in Appendix "A" to the report. PREVIOUS RESOLUTION The Committee of the Whole adopted the following resolutions on January 23, 2017: 1) RESOLVED that staff be directed to draft an amendment to the Procedural Bylaw to address the following issues respecting public correspondence: • Must be delivered in person, by mail, email or fax • Be addressed to Council or a Committee • Be legible 131 -2- • Include the name and mailing address and telephone number of the author • Not contain language which is defamatory, offensive or disrespectful to anyone • Personal information and opinion contained in the letter will form part of the public record unless the author of the communication requests the removal of his/her personal information • If in the opinion of the Clerk, a City official should consider any communication before the Council meeting, the Clerk may: ➢ Forward a copy to the appropriate City official ➢ The City official may then submit the report directly to Council or Committee in response to the communication. 2) RESOLVED that staff be directed to draft amendments to the Procedural Bylaw to address the following issues the City Manager raised: • The challenge of publishing the Council agenda within the existing bylaw timeline (Wednesday) • Preferred options to publish on Thursday or Friday • Supplemental Agenda considerations • Concurrent release to Council and the public REPORT It is suggested that the proposed new public correspondence provisions in the Procedural by-law will enhance customer service, Council meeting efficiency and provide structure and clear guidelines for the public and City staff. Staff is recommending that the by-law be amended to change the agenda publishing date to Thursday for Council members and Friday for the public. This change would allow staff to deliver a more complete and final agenda package and reduce the need for supplemental agenda items and revisions. In addition, it will provide the necessary time needed to translate the agenda into French, as required by the Official Languages Act, prior to the agenda being uploaded to the city's website. STRATEGIC ALIGNMENT Improved Service Delivery SERVICE AND FINANCIAL OUTCOMES N/A. `9% -3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS Appendix "A" Procedural By -Law Amendment `Edc3 Appendix "A" BY -LAW NUMBER M -5 A LAW TO AMEND A BY–LAW RESPECTING THE PROCEDURE OF THE COMMON COUNCIL OF THE CITY OF SAINT JOHN Be it enacted by the Common Council of The City of Saint John as follows: A By -Law of The City of Saint John entitled "a By –Law Respecting the Procedures of the Common Council of The City of Saint John" enacted on the 29th day of November, A.D. 2010, is hereby amended as follows: Sections 8.6 to 8.12 are repealed. 2 The following sections are enacted and added immediately following section 8.5: "8.6 Delivery — to members — prior to meeting Subject to subsection (2), the Clerk shall use best efforts to ensure that copies of the agenda and Council kit for regular meetings of Council are delivered in printed format and /or distributed electronically to each member so that they are received in each case by 4:30 p.m. on the Thursday immediately preceding the regular meeting. 8.7 Made available — to officers — staff The Clerk shall use best efforts to ensure that electronic copies of the agenda and Council kit for regular meetings of Council are made available to all Corporation officers and staff that are to receive copies thereof as determined by the City Manager on the Thursday immediately preceding the meeting. 8.8 Made available — public The Clerk shall use best efforts to ensure that copies of the agenda and Council kit for regular meetings of Council are made available to the general public at the Office of the Common Clerk and on the website of The City of Saint John by 4:30 p.m. on the Friday immediately preceding the regular meeting. 8.9 Submissions — to Clerk — deadline All submissions for inclusion in the agenda for regular meetings of Council shall be submitted to the Clerk no later than 4:00 p.m. on the Wednesday immediately prior to the day on which the agenda is to be distributed pursuant to Sections 8.6, 8.7 and 8.8. 8.10 Submissions — to Clerk — past deadline `Kz"I (1) Where the Clerk receives a submission for inclusion on the agenda past the deadlines stipulated at section 8.9 and such submission is deemed by the City Manager to be a matter requiring Council's immediate consideration at its next regular meeting, then the Clerk shall deliver copies of the submission to each member as soon as possible and present it to the Council at the beginning of the regular meeting and Council may vote to include the submission on the agenda. (2) Where Council votes to include a late submission on the agenda at the regular meeting, the Clerk shall add the late submission as an item under the "16. Supplemental Agenda" heading on the agenda. 8.11 Special meeting — preparation — requirements For special meetings, the agenda shall be prepared as the Mayor, or in the case of a petition, the Clerk, may direct. 8.12 Not delivered — on schedule — meeting valid Failure by the Clerk to meet any deadline set out herein shall not invalidate the Council meeting or any proceedings thereat. 3. The Heading entitled Section 9 Reports - Petitions is amended by adding immediately following the word Petitions the following: - Communications from the Public. 4. Section 9 is amended by adding immediately following Section 9.2 the following sections: 9.3 Communications from the Public 9.3 (a) Communications from the public given to the Clerk become public. (i) All communications about a matter on a meeting agenda that the Clerk receives becomes part of the public record. (ii) All communications are available to members and to the public before the meeting or, if necessary, distributed directly to members and the public during the meeting. 9.3 (b) Requirements for communications from the public given to Council, a committee, or the Clerk. All communications must: (1) Be delivered in person or sent by mail, e-mail or fax; (2) Be addressed to Council, a committee or to the Clerk; `19191 (3) Be legible; (4) Include the name and mailing address or the telephone number of the author; (5) Be in a reproducible format; and (6) Not be defamatory or contain offensive language. 9.3 (c) Public communications part of the public record. Personal information and opinions in communications are part of the public record, unless the author of the communication requests the removal of his or her personal information when submitting it, or the Clerk determines the personal information contravenes the Right to Information and Protection of Privacy Act, SNB R-10.6 as amended. 9.3(d) A City official may consider any communications. If the Clerk thinks that a City official should consider any communication before the meeting: (1) The Clerk forwards a copy to the appropriate City official; and (2) The City official may then submit a report directly to Council or the Committee in response to the communication. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the XX day MM, A.D. 2017 and signed by: COUNCIL REPORT M&C No. 2017-022 Report Date January 31, 2017 Meeting Date February 06, 2017 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. 2017 Community Grant Recommendations OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Rev. Erik Kraglund Lori Lambert Michael Hugenholtz Jeff Trail RECOMMENDATION Common Council approve the recommendations in this report as submitted by the Community Grants Committee. EXECUTIVE SUMMARY The Community Grants Program was adopted by Common Council in late 2014 to financially support the operational needs of community organizations, projects and/or special events. A funding envelope for the program is approved each year as part of the General Fund Operating Budget. A Community Grants Evaluation Committee was created and is now comprised of two community members, two members of Council and three staff. The evaluation process considers community need and social impact of the organization's service, project or event; its history in serving the community; its alignment with council and city priorities, and its organizational strengths and financial responsibility. The Committee's primary task is to review, evaluate and identify funding allocations according to adopted program guidelines and report back to Common Council with recommendations. PREVIOUS RESOLUTION RESOLVED in item 13.1 2017 General Operating budget (December 12, 2016) that the Dec 5th recommendation in the 2017 General Operating Budget be amended to reflect that the Community Grants Committee be allocated `19YA -2- $179,721 in funding which includes $50,000 Cherry Brook Zoo, $20,000 PRUDE and $50,000 Human Development Council. STRATEGIC ALIGNMENT The Community Grant Program supports Common Council's priorities to support opportunities for growth and prosperity and to foster a vibrant city through investment in arts, culture, and recreation experiences that create a sense of community pride. REPORT The Community Grants Committee reviewed and evaluated 36 grant applications for organizational support, special event and community projects, totaling over $600,000 in funding requests. The Community Grants Committee recommends the following to Common Council: 1. That the following applicants be approved for funding at the indicated amount: a) Human Development Council $20,000 b) PRUDE Inc. $17,500 C) SJ Multicultural Newcomers Assoc. $17,500 d) NB Youth Orchestra — Sistema Program $10,000 e) Lorneville Playground Project $10,000 f) Denis Morris Community Centre $ 5,000 g) Fundy Fringe Festival $ 5,000 h) Latimore Lake Community Centre $ 5,000 i) Seniors' Resource Centre $ 5,000 j) Saint John Theatre Company $ 5,000 k) Symphony New Brunswick $ 5,000 1) Fundy Gymnastics Club 2017 Competitions $ 4,000 m) Marathon by the Sea $ 3,000 + in-kind n) Saint John Learning Exchange $ 1,500 o) Uptown Saint John Courtyard Concert $ 1,000 P) Harbour Skating Club $ 100 That Brilliant Labs be granted a total of $5,000 to pilot a summer learning camp for children living in Priority Neighbourhoods and that this funding be contingent upon securing provincial and/or federal funding to employ summer staff. That the City of Saint John pay the Province of New Brunswick the total amount of the 2017 property tax bill for the Cherry Brook Zoo, up to a maximum total of $10,000. That no further operational funding be granted to the Cherry Brook Zoo. `191:3 -3- 4. That no community grant funding be allocated to the following applicants: a. Touch Tone Academy —Amazeatorium b. Big Brothers Big Sisters of Saint John c. Breasts Ahoy d. Buskers on the Bay e. North Market Wharf — Celebrate 150 Project f. Saint John Community Loan Fund g. St. Nicholas Greek Orthodox Church — Greek Night Celebration h. InterAction School of Performing Arts i. Nature Trust of New Brunswick j. New Brunswick Festival of Music k. Outflow Shelter I. Third Space Gallery m. YWCA of Moncton — Women of Distinction n. L'Arche Saint John 5. The Community Grants Committee further recommends that the remaining balance be available for a second iteration of grants with an application deadline of May 1, 2017. SERVICE AND FINANCIAL OUTCOMES On approval by Common Council, a total of $ 129,600 will be dispersed in community grants. A total of $50,121 will remain on reserve in the Community Grants envelope for a second iteration to support future requests. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A Respectfully submitted, } Rev. Erik Kraglund Chair, Community Grants Committee II February 6, 2017 Deputy Mayor and Councillors Subject: City Market - Linja Consumers Canada Ltd. - Outstanding Rent The Committee of the Whole, having met on February 6, 2017, made the following recommendation: RESOLVED that as recommended by the Committee of the Whole having met on February 6, 2017, Common Council adopts the following resolution: RESOLVED that pursuant to the provisions of Article 13 of the lease between the City as lessor and Linja Consumers Canada Ltd. as lessee, the term thereof at the City's option be forfeited and void and further that the city re-enter and repossess the premises which are the subject of the aforesaid lease. Sincerely, -o� SAINT P0. Box 1971 SaIritJohn,114�5 Qiiu IIE2111 LI r b� �,r:������:i�������� i C P 197 Saint log in il`4. I13Canai°h EZI111J 140 February 6, 2017 Deputy Mayor and Councillors Subject: Peel Plaza Surplus Properties Saint John Non- Profit Housing Incorporated The Committee of the Whole, having met on February 6, 2017, made the following recommendation: RESOLVED that as recommended by the Committee of the Whole having met on February 6, 2017, Common Council adopt the following resolution: That the City (the Owner) amend the Agreement of Purchase and Sale with Saint John Non Profit Housing Incorporated (the Purchaser) made December 22, 2016 in the following manner: A new paragraph shall be added to the agreement immediately following paragraph 10 [subsequent paragraphs being renumbered accordingly] as follows: 11. At the sole cost, risk and expense of the Purchaser, the Owner permits the Purchaser, at any time hereafter but prior to the 1St day of May 2017, to enter upon and demolish the buildings situate upon the Parcel provided that prior to such entry and demolition the Purchaser shall (a) have and maintain a valid Demolition Permit issued under the City of Saint John's Building By -Law and (b) release and indemnify the Owner from any and all liability that may arise from such entry and demolition. 12. In the event that the Purchaser demolishes the building situate at 7-9 Wellington Row (PID 37770) the Owner directs that a Certificate of Discharge for the Notice to Comply dated January 14, 2011 registered in the New Brunswick Land Titles Office (Saint John) on February 9, 2011 as No. 2978510 be delivered to the Purchaser and further that the Owner support and consent to any application by the Purchaser to effect a Withdrawal of the Compliance Order dated September 30, 2011 and registered in, the said Land Titles Office on September 30, 2011 as No. 30671235. 171 u.i�.97,9F 1i 0"', ����,�,.,��� r..i '411.:'& � �dVY"Y'���r�,,.. � ('' -�"�� ll �,��u�w ;���N���� iF=�, I(��� en�irrw:��� I `I. II�.'� 141 13. All other terms and conditions of the agreement made December 22, 2016 as amended shall remain in full force and effect. And further that the Mayor and Common Clerk be authorized to execute the aforesaid amendment. Sincerely, Don Darling Mayor ` IN February 6, 2017 Deputy Mayor and Councillors Subject: Sale of Land and Building at 50 Carleton Street The Committee of the Whole, having met on February 6, 2017, made the following recommendation: RESOLVED that as recommended by the Committee of the Whole having met on February 6, 2017, Common Council adopt the following resolution: Enter into the Agreement of Purchase and Sale with 62683 Newfoundland & Lab Inc. attached hereto M&C 2017-19 and further directs the Mayor and Common Clerk to execute any document necessary to effect the transfer; and further Direct staff to notify 042199 NB Ltd. that it thanks the company for the Offer but rejects said Offer. Sincerely, P.O. m 1 ,.1:1 Sahro f k 4im, I'41BE Cm .,l 4f Al 1";�'�� �,�i��� "���rui�u, I ��; � .u�xw.��R P II'll 14 AGREEMENT OF PURCHASE AND SALE Approved by The New Brunswick Real Estate Association for use by members under An Act to incorporate The New Brunswick Real Estate A3socjadon AANH The attached schedule, if applicable, forms part of this contract: Vacant Land mini/Mobile Home Condominium Multi -Use Residential Income Properties 0 Sale of Buyer's Property The Buyer f1 L J17NJ -6 offers to buy from the SellerCXTY OF 5AT^-J'r through C tq A)c and AX SOW% Agent icompan, l 8t4yer'i Agent VCompanyl the Property designated as civic address: having PID(s): 0 0 0 3 *7 5'0 7 0 0 032 7 62- 0 0 0 3 PAN N: (the "Property") at a purchase price of Lf AJ Dollars C) a L? on the foilowing terms and conditions, 1. HST The parties agree that if this transaction is subject to HST, any such HST applicable to the transaction Z IS or.�e%�S`NOT included in the purchase price. 2. DEPOSIT (a) Deposit(s) will be payable to the Listing Agent, to be held in trust, pending completion or other termination of this Agreement. The depositls) shall be credited towards the purchase price on completion, and the Buyer shall pay the balance of the purchase price on closing or as otherwise stated in this Agreement, (b) The Buyer submits with this offer F T, v r= r H o tit 5 Dollars 5o C) o L�CASK /� EQUEJE OTHER: (c) The Buyer agrees to increase deposit to $ ------------- -- or "hof the purchase' Price .3 CASH CHEQUE OTHER. on or before the - day of 207 ThisAgreement is subject to the i9 iivering to the Seller or Seller's Agent written proof of financing in the amount of approximately $ (or _% of purchase price) on or t e day of 20. failing which this Agreement beco recd void, 4. CLOSING DATE This Agreement shall be completed on or before the f day of 20 Z (hereinafter tailed the "Closing Date"), Upon completion, vacant possession of the Property shall be given to the Buyer, unless otherwise specified. The Seller shall ensure that the Property is 1 aivailable for the pre-closing inspection by on or before the 7 day of (61 '4'Cr 2P S. INSPECTION The Buyer'II DOES or.;��OES NOT require an inspection of the Property. The Buyer is urged to carefully inspect the Property and may,. V desired, have the Property inspecte'd at the Buyer's expense. if the results of the inspection are not satisfactory to the Buyer, the Buyer may terminate this Agreement by delivering w6tten notice to the Seller or the Seller's Agent an or before the - day of 20_, upon which this Agreement becomes null ancivoid. Acknowledgement ofcompleriofT of page I - seller's innrials_l u r's Initials Ve poge I Of6 144 VVEBFofmsM JaN201 5 Property designated as civic address: 50 C AR L (5 TvT. 12. RISK The Property being purchased shall be and remain at the risk of the Seller, pending completion of the sale, The Seiler shall hold all lnisurance policies and' the proceeds thereof, in trust for the parties as their interests may appear. In he event of damage, the Buyer may, at the Buyer's option, agree to complete the purchase with the proceeds of the Seller's unit poiicy. Alternatively, the Buyer may, at the Buyer's option, declare this Agreement null and void. 13. FIXTURES / CHATTELS / LEASED EQWPMENT (a) All existing fixtures on the property, which may include but are not limited to: flooring and floor coverings, drapery tracks, ceiling fans and light fixtures, built-in appliances, bathroom mirror(s), heating -ventilating -air conditioning equipment, garage door opener(s), central vacuum, and all applicabie, accessories/remote(s) and all other items secured by means of nails, screws, plumbing, wiring, ducting and related accessories are to be i I nduded in the purchase price except items which are leased or rented including those specifically listed herein in this Agreement, with the following exceptions: (b) The following chattels owned by the Seller and presently located at the Property shall remain with the Property, to be included in the purchase price, and shall be conveyed' to the Buyer in good working order, free and dear of encumbrances, on the date of closing: 0 (c) The Seller agrees to inform the Buyer of any leased equipment, in the case of leased equipment, the Buyer may be required to purchase the product from the lessor or assume the existing lease. Current leased equipment is (include lessor name below): -r-Hot Water Tank; 3 Furnace I Heating System: J propane, Tank: J Security System: 0 Other: The cost of a New Brunswick Land Surveyor's Real Property Report shall[ be the responsibility of the Buyer, Notwithstanding the foregoing, the Seller is to supply to the Buyer or Buyer's Agent any New Brunswick Land Surveyor's Real Property Report/ Subdivision Plan / Survey Plan that may be in the Sellerrs possesslon, without warranty. 15. TITLE SEARCH The Buyer may examine the Cilie of the Property at the Buyer's expense and any valid objection to title whth the Buyer wishes to make shall be made in writing to the Seller on or before the, day of closing. In the event a valid objection to title is made that the Seller is unable or unwilling to remove prior to closing, and which the Buyer does not waive, this Agreement becomes null and void. 16. CONVEYANCE The conveyance of the Property shall be by Transfer, Deed, or IBM of Sale drawn at the expense of the Seller, to be delivered on payment of the purchase price on the Closing Date. The Property is to ibe conveyed free from encumbrances, except utility easements that do not materially affect the enjoyment of the Property, registered restrictions, or covenants that affect the Property. Acknowledgement ot completion OfPoge 3 Buyer'sinitia Page 3 of 6 VVESFormsM JanI201 5 145 Property designated as civic address: 'S* --O C A 9 L C -r 0,-V li-C. (b) The Buyer DOES Or DOES NOT have an Agency relationship with: NAME OF AGENT lCampa ny'p as represented by NAME OF REALTOR" I please, priet I )r) The, Buyer and the Seller acknowledge that by signing thlS Agreement they have consented to a Dual Agency relationship with: eVA pt)( NPOC Or AG , ENT lcompanyl as represented by _A -T -CLb NA 'S NAME QF REALTOR'ppfease printj and NAME OF REAL rovplease printri 20TIME FOR ACCEPTANCE This offer shall be open for acceptance until on the day of 2017 Notification of the acceptance of this offer shall be communicated by the Seller's Agent to the, Buyer's Agent prior to the designated time and date or this Agreement becomes null and void. Dated at this day of 2017 Signed and deNvered in the presence of WITNESS WITNESS 21, ACCEPTANCE I hereby confirm this offer was presented and' accepted at Signed and delivered in the presence of WITNESS nEff Mm 22. REJECTION I hereby confirm this offer was presented and rejected at Signed and delivered in the presence of WITNESS WITNESS Acknowiedgement pfcoinplerion offtge 5 - Selfer's initials BUYER k.y BUYER on the _ day of SELLER SELLER on the _ day of SELLER SELLER 80yer's initials M111-1 210 Page 5 of 6' M8F0rMS1&J8n420l5 SELLER'S REPRESENTATION An agency agreement to list a Property for sale exists between an Agent and a Seller. When a REALTOR', on behalf of the Agent, represents the !Seller, he or she is the SELLER'S AGENT and accordingly must do what is best for the Selleir of the property, The SELLER'S AGENT is normally called the LISTING AGENT because the seller and the SELLER'S AGENT have formed a written contract called a listing agreement. BUYER'S REPRESENTAVON When a REALTOR', on behalf of the Agent, represents the Buyer, he or she is the BUYER'S AGENT' and his or her primary obligations are to the Buyer. Ideally, this relationship should be confirmed in a written agreement that specifies the Buyer's obligations, explains the services that the REALTOR' will provade and specifies how much wall be paid for these services and who will be paying. DUAL REPRESENTATION When both the Buyer and Seller are represented by the same REALTOR' or by different REALTORS' licenced with the same Agent, this creates a type of dual representation situation where the REALTOR"s duty of confidentiality and loyalty to both the Buyer and Seller come into conflict. This places limitations upon the type of representation that can be provided. This is referred to as DUAL AGENCY. If you find yourself involved un a DUAL AGENCY relationship, before making or receiving an offer, both you and the other party will be asked to consent in writing to this new DUAL AGENCY relationship. ACKNOWLEDGEMENT This form does rot create an Agency relationship. Its purpose is to ensure that all parties understand and acknowledge the types of representation that may occur. I have read and understood this form and acknowledge that: t —6e of NAME OF REALTOR' NAME OF REALTOR' has explained the Working with a REALTOR19 form, SELLER (please print) SELLER (please print), BUYER (please print) BUYER (please print) .. remox - NAME OF AGENT (company), NAME OF AGENT (company), SELLER (signature) DATE SELLER (signature) DATE u"`/� BUYER ignature) DATE BUYER (signature) ME FhR IN d-641 REAL tOlt AM TOILS-, RNI Of AEALTOA-Iara am, MnrNVtd*y rhe C­Ojjun McalEg.l. b ­mo_ rCREA) ..d h,, ­­bm If CREA, UMdond#t Vp m. rht rmm*, M,,it MIdpi, LlIt" S..W—d Ift. .. —"AW rhl C-040 Rrel R,Pvwn AawrrOadan(CREATdndrdNh&RMn 1--i"Af I'M" 1-4drd by .1 Page, 2 of 2 WEBF0rM3QV Jar/2015 MIN If �� AGREEMENT CSE PURCHASE AND SALE SCHEDULE 113 r� Approved by The New Brunswick Real Estate Association for use by members under Im ( REALTOR' An Act to Incorporate The New Brunswick, Real Estate Association ,4M1,,LA ,AAal" Property: '� "ANIS L C -r ,`V --r m Sefler(s). CT -T,/ _ O F ,4 -r T o ft Buyer(s): _ __ � PT✓� � � ,r✓ ► ��� �`' � r�t1 � i (-, q u:+'"lr 6 . The fo"owinR, 6004i4tim form part of the above mentioned Agreement of Purchase and Sale: — AT,-,, F:L004 0 0 VVZ L L 96 (4 i E D Fid 9(Q G- TttGA-T-E5'r rCCHV0L0C-R' =-t>C' ex.Al-E + 5 t= c (IR E 5 e rr G- . Q�AhLX-Ty n re-ev� b I)rArF.5x16/vr AL 5'4xTF" 5?Foes OF rgC S I -5HieY 5 4 FLOwc-P CbS;. _-c-tve9 1 u -Cjq'D6 ro 4LL ifs-reM +ST (4r7WRE. poem - Dated at 0( — a this J� day of �/ 20 . Sunned and delivered in the presence of WITNESS WITNESS SELLER SELLER Gated at this+ day of 2017, WITNESS NIYER WITNESS BUYER The sredemw,ka REALMAtR{R,y,TORit and 114 ACALTOR' Apo am Wn"Ned by the 6 adaa OMEeeaYeAs,earAd'ga(C"FAI mnd ddrmrrfy rnaFrttalepmmfeash+aaOr't--saemhll11CRE,I. asaOiedanderlAaense�'A'Na aademarkw MLS -1 "Week"WeekOwdny aamnredpm 'fms are —Ed etnr raagdia,n Rt1dtreha dsWetila ICRUJ end hhA" sria gpe ty ar d,,jee msmWd—1 rd byexrmrx Rnm(enalnmts wird are. members of CREig. Page SeMea.'aasd the A of I— oar Reined: laG"12014 W17EBFormsM, an12(715 Es Tf US AGREEMENT made this -- day of Jan, 2017 BF1,1WEEN: 0,42199 NB LTD, City of Saint John and Province of New Brunswick hereinafter called the "Purchaser" - and - City of Saint John, City of Saint john and Province. of New Brunsrvick, hereinafter called the "Vendor" WUN ESSI aTf 1: t That the Vendor agrees to sell to the Purchaser in fee simple free from all encumbrances and the Purchaser agrees to purchase from the Vendor, all that certain lot, piece or parcel of land situate, lyingand being in the City Of Saint: John, in the County of Saint John and Province of New Brunswick, together with all buildings thereon, having the civic address 50 Carleton Street, Saint John, New Brunswick, being more particularly described as PID Number's - 37507 & 37762 & 37515 and having Property Account Number's - 1629417 & 01629425 ,Sc 0'16,29679. 2�. That the total purchase price of the said land and prerriises shall be, Two Hundred Thousand Dollars ($200,000.00) of lawful money of Canada, payable on the closing date. The sale price does not include IIST to where the parties agree tfic Purchaser will agree to self assess and ren-iit any HST due and owing on this transaction, The Purchaser is an HS Registrant with IIST number 893609925RT0001. 3. That the closing date shall be: on or before the 30th day Of April, 2017 subject to the variance approval Of use as outlined in paragragh 8(id) below, 4. That the purchaser shall investigate the title to the said land at the purchaser's expense and shall have until the closing date for that purpose. The Purchaser shall be deemed to have accepted tide except as regards any objections to or requisitions on tide delivered to the Vendor Or their Solicitor within the said period. If the Purchaser shall so make any requisition on tide which the Vendor may be unable 0'- unwilling to comply with, the Vendor may (notwithstandingany intermediate negotiations Or attempts to remove such objections or to comply With Such requisition) at the Vendor's option cancel El I this AgreenTent by deliverii-iR notice to that effect to the Purchaser, In the event of such notice of cancellation, the Purchaser may waive the objection to or requisition on title which occasioned such notice by delivering to the Vendor's Solicitor written advice to that effect whereupon this Agreement shall be reinstated in full force and effect. 5. That the Vendor shall deliver to, the Purchaser on the closing date a transfer in registrable forrn, approved by the Purchaser's Solicitor together Nxith a FIST Clertificare and all other required docuinents related to the Land Tides Systern. 6. This offer is subject to the Purchaser obtaining financirig from bank for a mortgage in the arnount of Ninety Five percent (95%) of the purchase price, The parties agrees, the Purchaser shall have until Feb 181h 2017 to obtain financit-ig from approved bank, 7. The Purchaser will provide an initial deposit payable to the Vendor in the amourit of $1000.00 upon the acceptance of this offer, The: Purchaser agrees once in receipt of letter of financing from Bark it will increase the deposit to Ten Thousand Dollars ($10,(l00.00). In the event the Purchaser is unable to Secure financing by the date as indicated in paragraph 6 above and if upon request for extension of finance date which if denied by the Vendor, the agreement shall be null and void where all deposits will be returned to the Purchaser, 8. This agreement is further subject to the following conditions: i. 4'he purchase to be approved by the membership of the Saint.john Police Association to be confirmed by Feb 201h, 2017, ii The Vendor agrees to provide a variance for the land adjacent to the land's being purchased for additional parking to be utilized by the Purchaser. The Purchaser's offer is subject to the granting of a variance frown the City for change of use of those parcels currently used as green space to parking lots. 9. 'Ilie Vendor and Purchaser agree there will be adjustments, including water and/or sewage ,real property taxes and any (fuels if applicable) on the closing date. 10, That if any of the conditions contained herein are not rrier, this Agreement is null and void and all deposits advanced N611 be returned to the Purchaser. i U191 I IL That until completion of sale, all buildings and equipment on the said land and pren-iises shall be and rernain at the risk of the Vendor and the Vendor will hold all policies of insurance affected on the said land and premises and the proceeds thereof in trust for the parties hereto, as their interests may appear. In the event of damage to the said land and premises before the completion of this transaction, the Purchaser shall have the tight to elect to take such proceeds and complete the purchase, or cancel this Agreement, whereupon the Purchaser shall be entitled to the return without interest of all monies theretofore paid on account of this purchase. 11 That time shall be of the essence of this Agreement. 13. That t1iis Agreement shall be read with all changes of gender and number reqt&ed by the context and shall enure to the benefit of and be binding upon the parties, hereto and their respective heirs, successors and assigns as the case may be. 14. 'That this Agreement shall be construed and enforced in accordance with the laws of the Province of New Brunswick. 15. The parties agree this agreement can be executed in counterpart via fax scan or email with a delivered signed copy beim acceptance. IN WTTNESS W'l TEREOF the Vendor and the Purchaser have hereunto set their respective hands and seals the day and year first hereinbefore written, SIGNED, SEALI",,,"D AND DFUJVE'�RFD by the Vendor in the presence of SIGNED, SE-ALED AND DELIVEIRED by the Purchaser in the presence of Per: City of Saint john Per: 042199 NB JXID 151 UUM"M February 6, 2017 Deputy Mayor and Councillors Subject: Consideration of Subdivision of Land and Sale of Parcel The Committee of the Whole, having met on February 6, 2017, made the following recommendation: RESOLVED that as recommended by the Committee of the Whole having met on February 6, 2017, Common Council adopt the following resolution: RESOLVED that the City -owned land lying in the Loch Lomond Water Shed and identified by PID Nos. 00427674 and 00355115 be subdivided so as to create a parcel of approximately 50,000 square feet in preparation for the latter's disposition, all as shown on the sketch in this regard as submitted by the Committee of the Whole to Common Council on the 6th day of February, 2017. Sincerely, Don Darling Mayor 10�1V!.77z'N V VI 0 i 971 Siiu i. ��: i� 9 IS �,uLz d. ,SII 'B �r r�^�U�;. �� L,�,.��-RmY u. �`:' ,'�� .,oµe Ar ioll luF II,N. � � v „o ; li, IL.�.' . �G.' 152 I i Me M of seJut, Idb February 6, 2017 Deputy Mayor and Councillors Subject: An Act Respecting the Saint John Firefighters Association a Application to the Court of Queen's Bench of New Brunswick The Committee of the Whole, having met on February 6, 2017, made the following recommendation: RESOLVED that as recommended by the Committee of the Whole having met on February 6, 2017, the City Solicitor (or his designate) be authorized to file an Application with the Court of Queen's Bench of New Brunswick pursuant to Rule 16.04(e) of the Rules of Court seeking its interpretation respecting the meaning of being "unable to carry on in the Saint John Fire Department", as that language is used in section 1 of An Act Respecting the Saintlohn Firefighters' Association, 2010 S.N.B., c. 9. Sincerely, Don Darling Mayor I SAI 11:1" 01F I Il3o%, 1971 Saint ,idllinmpP,ll'Cai� al -1 r �' ��� , rw,�.<du�sus�e'1�1ih,t � 9'° Ih: 11,�,�°'p ",�,�+!�➢r'¢�:,�i�'�, b,�, 4,,yt�:��6T.� I xl �uW�fi February 6, 2017 Deputy Mayor and Councillors Subject: IAFF Local 771 v. The City of Saint John in the matter of the Industrial Act and in the matter of a Staffing Grievance The Committee of the Whole, having met on February 6, 2017, made the following recommendation: RESOLVED that as recommended by the Committee of the Whole having met on February 6, 2017, the City Solicitor or his designate is hereby authorized and directed to seek judicial review and an associated stay of proceedings with respect to the Arbitration Award dated November 21, 2016 regarding a grievance filed by IAFF Local 771. Sincerely, .���"w� ;���;�" P"t"04""o", T�° �i� �9r�ll"f1�a,F�'Yf, Irl f ,atll hl�(� L.?p. Ilfa.� 4h/kFP,�, b�l,G���,akla.�� �. r� .v�P41i$p¢., ISI, ��. F"';,,�,i 154