2017-03-20_Agenda Packet--Dossier de l'ordre du jourCity of Saint John
Common Council Meeting
Monday, March 20, 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 reunion de Conseil Communal,
veuillez contacter le bureau de la greffiere 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 Property Matter 10.2(4)(c,d)
1.4 Financial Matter 10.2(4)(c)
1.5 Financial Matter 10.2(4)(c)
1.6 Financial Matter 10.2(4)(c)
1.7 Extended Hours for Bars for ECMA's and Discussion on Stage at Boardwalk
(Deputy Mayor McAlary)
1.8 Financial Matter 10.2(4)(c)
Regular Meeting
1. Call to Order
2. Approval of Minutes
2.1 Minutes of March 6, 2017
3. Approval of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 Public Information Session: Morna Heights and Greenwood Subdivision —
Wastewater Treatment Facilities Upgrades (Recommendation: Receive for
Information)
5.2 Materials Testing and Construction Inspection Services for 2017 and 2018
(Recommendation in Report)
5.3 Designation of Inspection Officer (Recommendation in Report)
5.4 Spring 2017 Debenture Application (Recommendation in Report)
5.5 Saint John Parking Commission Appointment of Corey Vautour as ByLaw
Enforcement Officer (Recommendation in Report)
5.6 Port City Water Partners — Upcoming Public Information Session
(Recommendation: Receive for Information)
5.7 Museum of New York Department of Rights and Reproduction
(Recommendation in Report)
5.8 ARCf Request for City to Remove Statutes from Harbour Passage
(Recommendation: Refer to City Manager)
5.9 Long Term Disability Group Insurance Policy (Recommendation in
Report)
5.10 Easement Acquisition — Portion of Civic 4491 City Line
(Recommendation in Report)
6. Members Comments
7. Proclamation
7.1 Purple Day — March 26, 2017
8. Delegations / Presentations
9. Public Hearings — 6:30 pm
10. Consideration of By-laws
10.1 Proposed Zoning By -Law Amendment — 139 Bay Crescent Drive (3rd
Reading)
10.2 Weight Restrictions By -Law Amendment and Agreement (1" and 2nd
Reading)
11. Submissions by Council Members
12. Business Matters — Municipal Officers
12.1 Central Peninsula Neighbourhood Plan Consultant Award
12.2 City of Saint John Transportation Strategic Plan Phase 2 Consulting and
Engineering Services
12.3 Engineering Inspection Services 2017
13. Committee Reports
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
15.1 NB Power — Licence Renewal Process re Point Lepreau Nuclear
Generating Station
15.2 Saint John Labour Community Services Worker Appeal Services May
Day Fundraiser Dinner — May 1, 2017
16. Supplemental Agenda
16.1 Provincial Funding for West Side Splash Pad
16.2 527 Simonds Squadron Royal Canadian Air Cadets
17. Committee of the Whole
17.1 Insurance Services
17.2 Saint John Energy Optimization
17.3 Letter of Support for Extended Hours for Local Bars
17.4 Letter of Support for ACOA Funding for New Boardwalk Stage
18. Adjournment
Ville de Saint John
Seance du conseil communal
Le fundi 20 mars 2017
18 h, Salle du conseil
Comit6 pl6nier
1. Ouverture de la s6ance
Si vous souhaitez obtenir des services en fran�ais pour une seance du conseil communal,
veuillez communiquer avec le bureau du greffier communal au 658-2862.
Chacun des points suivants, en totalit6 ou en partie, peut faire l'objet d'une discussion en
priv6 en vertu des dispositions pr6vues a 1' article 10 de la Loi sur les municipalites. Le
conseil/comite prendra une ou des decisions a cet egard au cours de la seance publique
16 h 30 — Salle de conf6rence, 8e 6tage, h6tel de Ville
9 Approbation du proces-verbal — paragraphe 10.2(4)
10 Question financiere — alinea 10.2(4)c)
11 Question relative a la propriete — alineas 10.2(4)c),d)
12 Question financiere — alinea 10.2(4)c)
13 Question financiere — alinea 10.2(4)c)
14 Question financiere — alinea 10.2(4)c)
15 Heures prolong6es pour les bars lors du spectacle de 1'association de la
musique de la c6te Est (ECMA) et discussion a propos de la scene sur la
promenade (mairesse suppleante McAlary)
16 Question financiere — alinea 10.2(4)c)
S6ance ordinaire
1. Ouverture de la s6ance
2. Adoption du proces-verbal
2.1 Proces-verbal du 6 mars 2017
3. Adoption de Pordre du jour
4. Divulgations de conflits d'int6rets
5. Questions soumises a 1'approbation du conseil
5.1 Seance informative publique : Lotissement Morna Heights et lotissement
Greenwood — Modernisation des installations de traitement des eaux us&es
(recommandation : accept& a titre informatif)
5.2 Services d'essai des mat&riaux et d'inspection des travaux de construction
pour 2017 et 2018 (recommandation figurant au rapport)
5.3 Nomination d'un agent des inspections (recommandation figurant au
rapport)
5.4 Demande d'obligation du printemps 2017 (recommandation figurant au
rapport)
5.5 Commission sur le stationnement de Saint John — Nomination de
Corey Vautour en qualit& d' agent d' execution des arret&s municipaux
(recommandation figurant au rapport)
5.6 Port City Water Partners — S&ance informative publique a venir
(recommandation : accept& a titre informatif)
5.7 Mus&e de New York — d&partement des droits et de la reproduction
(recommandation figurant au rapport)
5.8 Demande de 1'Association R&gionale de la Communaute francophone de
Saint-Jean inc. (ARCf) visant a enlever les statues au Passage du port
(recommandation : transmettre au directeur g&n&ral)
5.9 Police d'assurance collective d'invalidit& a long terme (recommandation
figurant au rapport)
5.10 Acquisition d'une servitude — Parcelle situ&e au num&ro de voirie
491, Chemin City Line (recommandation figurant au rapport)
6. Commentaires pr6sent6s par les membres
7. Proclamation
7.1 Journ&e pourpre — 26 mars 2017
8. D616gations et pr6sentations
9. Audiences publiques —18 It 30
10. Etude des arret6s municipaux
10.1 Projet de modification de 1'Arret6 de zonage visant le 139, promenade
Bay Crescent (troisi&me lecture)
10.2 Modification de 1'Arret6 et entente concernant la restriction de poids
(premiere et deuxi&me lectures)
11. Interventions des membres du conseil
12. Affaires municipales 6voqu6es par les fonctionnaires municipaux
12.1 Expert-conseil du Plan de voisinage de la p6ninsule centrale
12.2 Services d' experts-conseils et d'ing6nierie concernant la phase 2 du plan
strategique en matiere de transport de la Ville de Saint John.
12.3 Services d'inspection d'ing6nierie 2017
13. Rapports d6pos6s par les comit6s
14. Etude des sujets 6cart6s des questions soumises a 1'approbation du conseil
15. Correspondance g6n6rale
15.1 Energie NB — Processus de renouvellement de licence concernant la
centrale nucleaire de Point Lepreau
15.2 Services d'appel pour les travailleurs des services communautaires du
conseil du travail de Saint John — souper-benefice du May Day — Le
I' mai 2017
16. Ordre du jour suppl6mentaire
16.1 Financement provincial de la fontaine a jets douchants du quartier
West Side
16.2 Ligue des cadets de 1' air du Canada, escadron 527 Simonds
17. Comit6 pl6nier
17.1 Services d'assurance
17.2 Optimisation de Saint John Energy
17.3 Lettre a 1'appui des heures prolong6es pour les bars locaux
17.4 Lettre d'appui pour le financement de 1'APECA concernant une nouvelle
scene sur la promenade
18. Lev& de la s6ance
MINUTES—REGULAR MEETING
COMMON COUNCIL OF THE CITY OF SAINT JOHN
MARCH 6, 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
Councillor Ward 4 Ray Strowbridge
Also
Present: Acting City Manager / Commissioner of Growth and Community Development J.
Hamilton
Deputy City Manager N. Jacobsen
City Solicitor J. Nugent
Commissioner Water B. McGovern
City Engineer B. Keenan
Comptroller C. Graham
Deputy Commissioner Transportation and Environment J. Hussey
Deputy Commissioner Parks and Open Spaces T. O'Reilly
Deputy Commissioner Administration I. Fogan
Fire Chief K. Clifford
Police Chief J. Bates
Common Clerk J. Taylor
Deputy Common Clerk P. Anglin
1. Call to Order
The Mayor called the meeting to order.
2. Approval of Minutes
2.1 Minutes of February 14, 2017
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that the minutes of the meeting of Common Council, held on February
n n -- 1-- --- -- --- ----I
2.1 Minutes of February 20, 2017
Moved by Deputy Mayor McAlary, seconded by Councillor Strowbridge:
RESOLVED that the minutes of the meeting of Common Council, held on February
20, 2017 be approved.
MOTION CARRIED.
3. Approval of Agenda
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that the agenda of this meeting be approved with the addition of the
following items: 16.1Tender for Heritage Window Replacement Saint John City
Market Hall; 17.1 Termination of Neighbourhood Service Agreement; 17.2
Tendering Process Construction Contracts — Bidders List; 17.3 Recommended
Appointments to Committees; 17.4 Realty Services, City Hall; and 17.5 Letter to
Minister of Environment and Local Government re: new Local Governance Act,
and Community Planning Act.
MOTION CARRIED.
4. Disclosures of Conflict of Interest
S. Consent Agenda
5.1 That The Y's Men's Club - Letter of Approval for Special Event Liquor
License and Forgiving Cost of License be received for information.
5.2 That the St. Nicholas Philoptochos Society Request for $100 Donation be
received for information.
5.3 That the letter from Construction Association of New Brunswick Saint John
Region re Plans Taker List be received for information.
5.4 That the Letter from the Province of New Brunswick re age Friendly
Recognition Program be referred to the City Manager.
5.5 Refer to Item 14.1
5.6 That as recommended by the City Manager in the submitted report M&C
2017-043: Traffic Paint Award of Contract, notwithstanding the City's
Procurement Policy, Common Council authorize City staff to purchase Franklin
Paint Company traffic paint for the 2017 construction season as a sole source
procurement from Stinson Equipment Limited at a cost of $91,014.60 plus HST.
5.7 That as recommended by the City Manager in the submitted report M&C
2017-045: Tender for Asphalt Concrete Mixes, the seasonal tender for the supply
of asphaltic concrete mixes be awarded to NRB Construction Company Ltd. for
the pre -construction season (start of plant to April 31, 2017), construction season
(May 1 to November 10, 2017) and post construction season (November 11, 2017
to plant close).
5.8 That the Letter from P. Josselyn re Buildings at Union and Wellington Row
be received for information.
appointed and designated by Council for the enforcement of the Saint John
Unsightly Premises and Dangerous Buildings and Structures By-law, to arrange for
the demolition of the building at 17-19 Main Street (PID#00374686), in
accordance with the applicable City purchasing policies.
5.10 That as recommended by the City Manager in the submitted report M&C
2017-036: 2017 Water& Sewerage Utility Fund and General Fund (Transportation
& Storm Categories) Capital Program Adjustments, Common Council approve the
adjustments to the 2017 Water & Sewerage Utility Fund and General Fund
(Transportation & Storm Categories) Capital Programs as contained in the
submitted documents with the overall City Share component of the 2017 Capital
Programs to remain the same as originally approved by Common Council in
November 2016.
5.11 That as recommended by the City Manager in the submitted report M&C
2017-050: Engineering Services —Tilley Avenue — Sanitary Lift Station & Sewer
Improvements, the proposal from Crandall Engineering Ltd. for engineering design
and construction management services for the Tilley Avenue — Sanitary Lift
Station & Sewer Improvements project in the amount of $110,452.90 including
HST be accepted and that the Mayor and Common Clerk be authorized to execute
the appropriate documentation in that regard.
5.12 That as recommended by the City Manager in the submitted report M&C
2017-052: Engineering Services — West Side Sanitary Sewer and Storm Water
Model Development, notwithstanding the City's Procurement Policy for
Engagement of Professional Services, Common Council authorize staff to conduct
direct negotiations with CBCL Limited to carry out engineering services for the
West Side Sanitary Sewer and Storm Water Model Development.
5.13 That as recommended by the City Manager in the submitted report M&C
2017-040: Lease Renewal of St. Patrick Street Pedway Space for an ATM with
Melrim Properties, Common Council adopt the following resolution:
1. That the annual rent, under the Lease dated April 8, 1997 between the
City and NBR Holdings Ltd., with the consent of the City now assigned to
Melrim Properties Inc., for the five (5) year term from March 1, 2017 to
February 28, 2022, is $19.00 per square foot; and
2. That the Mayor and Common Clerk are authorized to execute the
necessary documents.
5.14 That as recommended by the City Manager in the submitted report M&C
2017-049: Sale of City Property at Civic #100 Clovelly Drive, Common Council
enter into the Agreement of Purchase and Sale with Village View No. 2 Limited
Partnership by its general partner, SBLS Holdings Inc., attached to the report, and
further direct the Mayor and Common Clerk to execute any document necessary
to effect the transfer.
5.15 That as recommended by the City Manager in the submitted report M&C
2017-046: Land Acquisitions — Portions of Civic #483 and #487 City Line, Common
Council adopt the following resolution:
1. That the City acquire from Amy Elizabeth Lanteigne:
Freehold interest in a 39.35 sq. m. +/- portion of land designated PID #
389346, and Freehold interest in a 46.34 so. m +/- portion of said PID #
2. That the Mayor and Common Clerk be authorized to execute any
document(s) necessary to finalize this transaction.
5.16 That as recommended by the City Manager in the submitted report M&C
2017-047: Submitter Merchant New Division Application & Agreement and Chase
Paymentech Processing Instructions & Guidelines, Common Council authorize the
Mayor and Common Clerk to execute the submitted agreements between City of
Saint John, Chase Paymentech and Paymentus Corporation to facilitate online
payments for the City of Saint John.
5.17 That the Letter from Ability New Brunswick — Increased Fines for Violations
of Accessible Parking be referred to the Parking Commission.
5.18 Refer to Item 14.2
5.19 That the Forever Highland Dance Association Request for Financial support
be received for information.
5.20 That the Samuel -de -Champlain Request for Financial Contribution be
received for information.
5.21 That as recommended by the City Manager in the submitted report M&C
2017-042: Canada Games Aquatic Centre (CGAC)- Air Handling Units (AHU(s))
assets renewal, the tender submitted by John Flood and Sons (1961) Ltd for the
replacement of the two Air Handling Units (AHU), in the amount of $1,165,070.70
including HST be accepted; and further to the base tender amount, Council
approves that a contingency allowance be carried for this project in the amount
of $15,000, for a total amount of $1,180,070.70, and that the Mayor and
Common Clerk be authorized to execute the necessary contract documents.
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that the recommendation set out for each consent agenda item
respectively, with the exception of items 5.5 and 5.18 which have been identified
for debate, be adopted.
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6. Members Comments
Council members commented on various community events.
7. Proclamation
7.1 Nutrition Month - March, 2017
The Mayor proclaimed March 2017 as Nutrition Month in the City of Saint John.
7.2 National Engineering Month - March, 2017
The Mayor proclaimed March 2017 as National Engineering Month in the City of
Saint John.
8. Delegations/Presentations
9.1.1 Planning Advisory Committee report recommending amendment of
Section 39 Conditions
9.1.2 Proposed Section 39 Amendment - 28-36 Carmarthen Street and 25
Wentworth Street
The Common Clerk advised that the necessary advertising was completed with
regard to the proposed Section 39 Amendment amending the Section 39
conditions imposed on the April 13, 2015 rezoning of the property located at 28-
36 Carmarthen Street, and 25 Wentworth Street, also identified as PID Numbers
00016626, 00016642, 00017046, 00017053, 00017061, 00017079, 00017087,
00017095, 00017103, 00017111, 00017129, 55106827, 55106835, 55106843 and
55227742 to permit a revised proposal to develop a parking structure, with no
written objections received.
Consideration was also given to a report from the Planning Advisory Committee
submitting a copy of Planning Staff's report considered at its February 6, 2017
meeting at which the committee recommended the amendment of the existing
Section 39 conditions.
The Mayor called for members of the public to speak against the proposed
amendment with no one presenting.
The Mayor called for members of the public to speak in favour of the proposed
amendment with Rick Turner Hughes Surveys representing JD Irving Limited
presenting. A video of the project was shown that highlighted the substantial
benefits to the City and JDI including:
➢ Convenient, functional and safe parking for employees;
➢ Pedestrian promenade enhances public access in a park -like setting;
➢ Development beautifies the neighbourhood;
➢ Additional parking supports future growth of JDI operations.
Moved by Deputy Mayor McAlary, seconded by Councillor Lowe:
RESOLVED that Common Council:
1) Amend the existing Section 39 conditions for a parcel of land having an
area of approximately 6400 square metres, located at 28-36 Carmarthen
Street, and 25 Wentworth Street, also Identified as PID Numbers
00016626, 00016642, 00017046, 00017053, 00017061, 00017079,
00017087, 00017095, 00017103, 00017111, 0017129, 55106827,
55106835, 55106843 and 55225742, to permit the establishment of a
structured parking garage.
2) That pursuant to Section 39 of the Community Planning Act, the
development and use of the parcel of land with an area of approximately
6400 square metres, located at 28-36 Carmarthen Street, and 25
Wentworth Street, also Identified as PID Numbers 00016626, 00016642,
0017046, 00017053, 00017061, 00017079, 00017087, 00017095,
00017103, 00017111, 00017129, 55106827, 55106835, 55106843 and
55225742 for a parking garage serving the adjacent office tower at 300
Union Street, be subject to the following conditions:
a. The site shall not be developed except in accordance with a
detailed site plan and elevation plans, prepared by the developer
and subject to the approval of the Development Officer, indicating
the location, height and dimensions of the proposed parking
linking Carmarthen Street to Wentworth Street as a component of
the development to preserve public access through the site. The
walkway shall be maintained by the applicant;
c. That a signalized Intersection be installed at the Wentworth
Street and Union Street intersection, subject to the approval of the
Chief City Engineer or designate;
d. That a ground -mounted pedestrian crosswalk be installed on
Wentworth Street, south of Elliott Row, subject to the approval of
the Chief City Engineer or designate;
e. That the Signalized intersection mentioned in condition (c) and
the pedestrian crosswalk mentioned in condition (d) above be
completed prior to the opening of the proposed garage;
f. That all costs associated with the installation of the signalized
intersection mentioned in condition (c) and the pedestrian
crosswalk mentioned in condition (d) above be paid for by the
developer;
g. The approved plans mentioned in condition (a) above must be
attached to the application for building permit for the
development; and
h. All work shown on the site plan must be completed by June 30,
2018.
i. That existing water and/or sewer lines located beneath the
section of the subject site that previous formed a portion of Elliott
Row be decommissioned and disconnected by the developer prior
to the completion of the proposed parking garage, subject to the
approval and satisfaction of the Chief City Engineer or designate.
j. The developer, prior to the completion of the proposed parking
garage, subject to the approval and satisfaction of the Chief City
Engineer or designate, shall disconnect and remove an existing fire
hydrant and provide and install a new fire hydrant.
9.2 Staff Presentation —139 Bay Crescent Drive — Proposed Zoning Bylaw
Amendment
9.2.1 Planning Advisory Committee report recommending Rezoning
9.2.2 Proposed Zoning Bylaw Amendment (1St and 2nd Reading)
The Common Clerk advised that the necessary advertising was completed with
regard to the proposed zoning bylaw amendment for a parcel of land located at
139 Bay Crescent Drive to accommodate the existing wastewater treatment
facility, with no written objections received. The Planning Advisory Committee
recommended approval of the re -zoning as set out in the submitted report.
The Mayor called for members of the public to speak against the re -zoning with
no one presenting.
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The
City of Saint John," amending Schedule A, the Zoning Map of The City of Saint
John, by re -zoning a parcel of land having an area of approximately 1,468 square
meters, located at 139 Bay Crescent Drive, also identified as PID Number
00024364, from Rural Settlement Residential (RS) to Utility Service (US), be read a
first time.
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Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law
of The City of Saint John."
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The
City of Saint John," amending Schedule A, the Zoning Map of The City of Saint
John, by re -zoning a parcel of land having an area of approximately 1,468 square
meters, located at 139 Bay Crescent Drive, also identified as PID Number
00024364, from Rural Settlement Residential (RS) to Utility Service (US), be read a
second time.
MOTION CARRIED.
Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -
Law of The City of Saint John."
9.3 Staff Presentation — Saint John Heritage Conservation Areas Bylaw —
Proposed Amendments for an Improved Heritage Service
9.3.1 Proposed Amendments to Heritage Conservation Areas Bylaw (1St and 2nd
Reading)
Referring to the submitted report entitled Proposed Amendments to Heritage
Conservation Areas Bylaw Deputy Commissioner Poffenroth commented on the
proposed amendments and their strategic alignment with Council priorities and
modernization.
Responding to questions, the Acting City Manager advised that before third
reading a report addressing the public members comments will be submitted to
Council.
The Common Clerk advised that the necessary advertising was completed with
regard to the proposed amendments to the Heritage Conservation Areas Bylaw,
with no written objections received.
The Mayor called for members of the public to speak against the proposed
amendments with Jim Bezanson, Wentworth Street and Joan Pearce, Pelton Road
presenting.
Bezanson comments / questions included the following points:
➢ Legal importance for defining terms: maintenance, respectful,
subordinate, standards, guidelines;
➢ Demolition of accessory buildings needs clarification;
➢ Concern with scheduling monthly meetings of Heritage Development
Board rather than bi-weekly when the appeal process remains 15 days:
Pearce comments / questions included the following points:
➢ Questioned the rationale removing definitions maintenance, standards,
guidelines, design;
➢ Concern current section 6 deleted and replaced with vague wording.
The Mayor called for members of the public to speak in favour of the proposed
amendments with Howard Yeomans, 451 Millidge Avenue presenting.
H. Yeomans comments supported growth and encouragement of clarity on
heritage development.
Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew:
RESOLVED that the by-law entitled, "By -Law Number HC -1 A Law to Amend the
Saint John Heritage Conservation Areas By -Law", amending several sections of
the Heritage bylaw to provide clarity and efficiency, be read a first time.
Read a first time by title, the by-law entitled, "By -Law Number HC -1 A Law to
Amend the Saint John Heritage Conservation Areas By -Law."
Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew:
RESOLVED that the by-law entitled, "By -Law Number HC -1 A Law to Amend the
Saint John Heritage Conservation Areas By -Law", amending several sections of
the Heritage bylaw to provide clarity and efficiency, be read a second time.
MOTION CARRIED.
Read a second time by title, the by-law entitled, "By -Law Number HC -1 A Law to
Amend the Saint John Heritage Conservation Areas By -Law."
10. Consideration of By-laws
11. Submissions by Council Members
12. Business Matters - Municipal Officers
12.1 Clean Water Wastewater Fund (CWWF) Funding Contribution Agreements
Referring to the submitted report M&C #2017-035: Clean Water Wastewater
Fund (CWWF) Funding Contribution Agreements, Commissioner McGovern
commented on the applications for the SCDWP twelve funding projects.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that as recommended by the City Manager in the submitted report
M&C 2017-035: Clean Water Wastewater Fund (CWWF) Funding Contribution
Agreements, Common Council authorize the Mayor and Common Clerk to
execute the submitted twelve Funding Contribution Agreements under the Clean
Water Wastewater Fund.
MOTION CARRIED.
13. Committee Reports
base, jobs, people and actions. The forthcoming document will be presented to
Council on or about March 27tH
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that the verbal update be received for information.
MOTION CARRIED.
13.2 Planning Advisory Committee: Proposed LPP Release - 177 Mark Drive
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that Common Council approves the sale of a portion of a city owned
parcel of land, previously vested to the City as Land for Public Purposes, located
and 177 Mark Drive, also identified as PID number 55151328 and that the Mayor
and Common Clerk be authorized to execute the required documents.
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13.3 City of Saint John Asset Management Policy Statement
Referring to the submitted report entitled City of Saint John Asset Management
Policy Statement, Energy Manger Samir Yammine outlined the long-term
objectives of the policy.
Moved by Councillor Merrithew, seconded by Councillor Sullivan:
RESOLVED that as recommended by the City Manager in the submitted report
entitled City of Saint John Asset Management Policy Statement, Common Council
approve the City of Saint John Asset Management Policy Statement contained in
Appendix A to the report, as follows:
" 1. POLICY STATEMENT
To confirm the City of Saint John's (City's) support for implementing asset
management practices to ensure sustainable delivery of services, the City adopts
the following statement.
The City of Saint John shall adopt and apply recognized asset management
practices in support of delivering services to its customers reflecting the vision
presented in the City's Municipal Plan, PlanSJ, and related strategic plans.
Specific objectives of the Asset Management (AM) policy are to:
• Improve the reliability of customer service by maintaining clearly defined
levels of service
• Improve the decisions related to the management of the City's assets
• Improve the transparency and accountability of community investments in
the management of the City's assets
• Improve the management of the City's exposure to risks of reduced
service delivery
• Facilitate the leveraging of partnerships and infrastructure funding from
external sources
The City shall maintain a strategy for the implementation of asset management
• Incorporating industry recognized asset management protocols
• Defining levels of service
• Applying risk-based decision making processes
• Utilizing lifecycle costing principles
• Incorporating continuous improvement practices
Asset management will be considered and integrated in the development of all
other organizational plans."
MOTION CARRIED.
14. Consideration of Issues Separated from Consent Agenda
14.1 Petition from the Residents of Greater Saint John re: Frustration with the
Escalators and Elevators within the Pedway system
Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong:
RESOLVED that the petition entitled Petition from the Residents of Greater Saint
John re: Frustration with the Escalators and Elevators within the Pedway system
be received for information.
MOTION CARRIED.
14.2 Pedway Escalators Status Report
Samir Yammine updated Council on the new safety standards regulations and
testing by the Provincial Inspector to address the step gap issue. New steps were
ordered that will be installed on Friday and tested early next week. The escalator
is currently being operated as a stair.
Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong:
RESOLVED that M&C 2017-054: Pedway Escalators Status Report, be received for
information.
MOTION CARRIED.
15. General Correspondence
16. Supplemental Agenda
16.1 Tender for Heritage Window Replacement Saint John City Market Hall
Samir Yammine commented on the estimate for the custom made windows that
are 14 feet wide and recommended the proposed replacement.
Moved by Councillor Sullivan, seconded by Deputy Mayor McAlary:
RESOLVED that as recommended by the City Manager in the submitted report
M&C 2017-048: Tender for Heritage Window Replacement Saint John City Market
Hall, the tender submitted by Eclipse Construction Services, for the replacement
of the Heritage Window Replacement, in the amount of $853,252.85 including
HST be accepted. Further to the base tender amount, it is recommended that a
contingency allowance be carried for this project in the amount of $35,000 plus
HST, for the total amount of $893,502.85 including HST; and further that the
17. Committee of the Whole
17.1 Termination of Neighbourhood Service Agreement
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that as recommended by the Committee of the Whole having met on
March 6t", 2017 Common Council approves to immediately terminate its
Neighbourhood Service Agreement with Westside P.A.C.T. with one exception,
being that Westside P.A.C.T. not be obligated to reimburse the City unused 2016
funds via said Agreement, and that the Mayor and Common Clerk be authorized
to process the necessary documentation.
1► IQ11000114Y1:l11I191
17.2 Tendering Process Construction Contracts - Bidders List
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that as recommended by the Committee of the Whole, having met on
March 6t", 2017, Common Council approves that the Chief City Engineer be
directed to advise the Saint John Construction Association that the City will
continue its existing Tendering Policy For Construction Contracts regarding not
releasing the names of those companies who have taken out tender documents.
MOTION DEFEATED with Councillors Armstrong, MacKenzie, Norton, Casey,
Reardon, and Strowbridge voting nay.
17.3 Recommended Appointments to Committees
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that as recommended by the Committee of the Whole, having met on
March 6t", 2017, Common Council approve the following appointments:
Central Peninsula Neighbourhood Action Team: to appoint Lauchlan Ough, Ben
Appleby, Milad Pirayegar Emrouzeh, Jeff Roach, Kay Gilles, Sophie McAloon and
Anne McShane effective March 6, 2017 until the neighbourhood plan is complete.
MOTION CARRIED with Councillor Lowe voting nay.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that as recommended by the Committee of the Whole having met on
March 6t", 2017 Common Council approve the following appointments:
Jeux Canada Games Foundation: to appoint Sean Darrah for a three year term
from March 6, 2017 to March 6, 2020.
Saint John Community Arts Board: to appoint Darren McLeod for a three year
term from March 6, 2017 to March 6, 2020.
Taxicab Advisory Committee: to appoint Councillor Ray Strowbridge from March
6, 2017 to the end of his current term on Council.
Power Commission of The City of Saint John: to reappoint James Shaw for a
three year term from March 13, 2017 to March 13, 2020; and to reappoint Shelley
Courser for a three vear term from March 25. 2017 to March 25. 2020.
Harbour Station Commission: to appoint Ron Hutton for a three year term from
March 6, 2017 to March 6, 2020.
PRO Kids: to appoint Jennifer Brown for a three year term from March 6, 2017 to
March 6, 2020; and to reappoint Natalie Hatt from April 28, 2017 to April 28,
2020.
Saint John Port Authority: to authorize the Common Clerk's office to publish two
advertisements in the Telegraph Journal for interested applicants.
MOTION CARRIED.
17.4 Realty Services, City Hall
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that as recommended by the Committee of the Whole having met on
March 6t", 2017 Common Council approve the contract with Eastern Commercial
Inc. doing business as Cushman Wakefield Atlantic upon the following terms and
conditions:
The City's obligations are:
• On Purchase, 2% of value, to a maximum of $100,000,
• On Lease, 50 cents per square foot per year of term, to a maximum
of $150,000,
• With a minimum payment of $40,000.
The rate included is very competitive for a commercial transaction and provides
excellent value to the City. The minimum is considered reasonable given there is a
possibility that the City could obtain new City Hall space at close to no up -front
costs or at minimal cost. The proposed fee is to provide fair compensation for
services included should a straight commission not be applicable.
The list of services to be provided for with the contract are:
a. Reviewing and providing input on the City's space allocation study of
the City of Saint John's requirements;
b. Assisting the City in finalizing the mandatory and technical
specifications required to select appropriate space for city hall. This will
include the development of comprehensive evaluation criteria to ensure
that the City of Saint John's requirements are met (including
specifications, schedule and budget);
c. Preparing a comprehensive market study of available properties and
options for city hall. In order to ensure a fair and transparent process,
properties to be included in the market study will be identified through
various means including, but not limited to:
• Advertising through newspaper and website ads, the City's
pursuit of property (informal expression of interest) directing
interested parties to the proponent;
• The proponent's research of the market; and
• Contacting parties who have shown an interest to -date.
d. Work with the City to evaluate potential properties in relation to the
requirements and evaluation criteria to determine the suitability of each
space in order to develop an appropriate shortlist of candidate
properties/space;
e. In the event that the city determines that a negotiated RFP process is
warranted, support the City in preparing the same;
f. Prepare and negotiate potential landlord leases and/or building
purchase agreements for existing location and alternatives;
g. Analyze initial term sheets received — both financial and non-financial
proposed terms, as well as build -out costs and timeframe implications;
h. Prepare presentations comparing alternatives to the City of Saint John's
key stakeholders including the senior leadership team and Common
Council as required;
i. Assist the City of Saint John in selecting primary and fallback locations;
j. Solicit draft transaction documents from selected landlords and/or
sellers;
k. Assist the City of Saint John and legal counsel with lease and/or
purchase negotiation processes;
I. Coordinate execution of all transaction documents, evidence of
insurance, and other relevant documents; and
m. Provide consulting services to support occupancy in new city hall space,
as appropriate.
Additionally, Cushman shall not at any time during the operation of this
Agreement either have a commercial relationship or be engaged in attempting to
establish such a relationship with the owner of any property identified, pursuant
to the negotiated RFP process anticipated by this Agreement, as a potential
location for Saint John City Hall. Breach of this provision shall operate to
terminate this Agreement, to disentitle the Consultant to any compensation
hereunder, and shall oblige the Consultant to promptly indemnify the City with
respect to any cost or expense which the City it incurs in obtaining from a third
party the services described herein, which would otherwise have been provided
by the Consultant. It is expressly agreed that this provision survives the
termination of this Agreement.
Together with the terms and conditions customarily included in similar consulting
contracts with the City; and further that the Mayor and Common Clerk be
authorized to execute the corresponding contract.
MOTION CARRIED.
17.5 Letter to the Minister of Environment and Local Government on the new
Local Governance Act and Community Planning Act
Moved by Deouty Mavor McAlarv. seconded by Councillor MacKenzie:
with our feedback that will be forthcoming in more detail.
MOTION CARRIED.
18. Adjournment
Moved by Councillor Strowbridge, seconded by Councillor Armstrong:
RESOLVED that the meeting of Common Council held on March 6, 2017 be
adjourned.
MOTION CARRIED.
The Mayor declared the meeting adjourned at 8:22 p.m.
Deputy Mayor/ maire
Common Clerk/ greffier communal
COUNCIL REPORT
M&C No.
2017-067
Report Date
March 14, 2017
Meeting Date
March 20, 2017
Service Area
Saint John Water
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Public Information Session: Morna Heights and Greenwood
Subdivision - Wastewater Treatment Facilities 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 this report be received and filed.
EXECUTIVE SUMMARY
The purpose of this report is to inform Council of two Public Information
Sessions that will be held in relation to the Morna Heights and Greenwood
Subdivision - Wastewater Treatment Facilities Upgrades project, and to update
Council on the status of the project.
PREVIOUS RESOLUTION
November 14, 2016 - 2017 Water & Sewerage Utility Fund Capital Program
Approved.
March 6, 2017 — Revisions to 2017 Water & Sewerage Utility Fund Capital
Program.
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.
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REPORT
The approved Water & Sewerage Utility Fund Program includes projects for the
design and replacement of the Morna Heights and the Greenwood Subdivision
Wastewater Treatment Facilities. The design work for the replacement of each
facility is underway. As part of the environmental approval process, each project
must be registered for an Environmental Impact Assessment (EIA) with the
Province. Public engagement is one component of the EIA process. In addition,
these are major projects that will have an impact on each of the local areas
during construction. It is for these reasons that staff have decided to hold Public
Information Sessions to allow local residents an opportunity to view the project
drawings, ask questions and give their feedback. The following Public
Information Sessions will be held:
Morna Heights Wastewater Treatment Facilitv Upgrades
Wednesday, March 22, 2017
2-4 p.m. and 6-8 p.m.
Saint John Marina
2050 Westfield Road
Greenwood Subdivision Wastewater Treatment Facilitv Upgrades
Thursday, March 23, 2017
2-4 p.m. and 6-8 p.m.
Silver Falls United Church
840 Loch Lomond Road
This report is being provided for the information of Council and to extend an
invitation to any Councillors who may wish to attend the Public Information
Sessions.
The Public Information Sessions will be advertised and a copy of the attached
notices will be delivered door to door in the project areas.
SERVICE AND FINANCIAL OUTCOMES
The existing Morna Heights and Greenwood Subdivision Wastewater Treatment
Facilities are older, trickling filter type facilities. Both facilities have experienced
issues with the mechanical systems in the past and both are in need of
replacement.
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.
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INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/a
ATTACHMENTS
Morna Heights Public Information Session Notice
Greenwood Subdivision Public Information Session Notice
17
PUBLIC INFORMATION SESSION
GREENWOOD SUBDIVISION
WASTEWATER TREATMENT FACILITY UPGRADES
The City of Saint John will be undertaking the installation of a new wastewater treatment
facility to replace the existing facility located at 173 Karen Street. The existing facility
will be demolished once the new facility is in operation. The purpose of this project is to
provide upgraded wastewater treatment to the Greenwood Subdivision area.
The project will begin in April 2017 with an anticipated completion by March 31, 2018.
Construction activities will include:
• Site vegetation clearing — anticipated to begin late March or early April 2017.
• The construction of a new wastewater treatment facility contained within a small
building, new underground infrastructure and the decommissioning and removal
of the existing facility once the new facility is operational.
• The project is expected to be completed by March 31, 2018.
• There will be minimal traffic disruptions during the project; however, construction
crews and associated traffic will be present.
This project is part of the City's ongoing commitment to continually improve its
infrastructure and is included in the 2017 City of Saint John Water & Sewerage Utility
Fund Capital Program.
Representatives from the City of Saint John and the project design team from Dillon
Consulting Limited will be available to answer questions related to the project. The
public is invited to attend an information session on this project on the following date and
times:
Date: Thursday, March 23, 2017
Time: 2:00 — 4:00 pm and 6:00 — 8:00 pm
Location: Silver Falls United Church
840 Loch Lomond Road
For further information about this project, please contact Saint John Water at
(506) 658-4455 or the Consultant, Dillon Consulting Limited, at (506) 633-5000.
iF:3
PUBLIC INFORMATION SESSION
MORNA HEIGHTS
WASTEWATER TREATMENT FACILITY UPGRADES
The City of Saint John will be undertaking the installation of a new wastewater treatment
facility to replace the existing facility located at 139 Bay Crescent Drive. The existing
facility will be demolished once the new facility is in operation. The purpose of this
project is to provide upgraded wastewater treatment for the Morna Heights area.
The project will begin in April 2017 with an anticipated completion by March 31, 2018.
Construction activities will include:
• Site vegetation clearing — anticipated to begin late March or early April 2017.
• The construction of a new wastewater treatment facility contained within a small
building, new underground infrastructure and the decommissioning and removal
of the existing facility once the new facility is operational.
• The project is expected to be completed by March 31, 2018.
• There will be minimal traffic disruptions during the project; however, construction
crews and associated traffic will be present.
This project is part of the City's ongoing commitment to continually improve its
infrastructure and is included in the 2017 City of Saint John Water & Sewerage Utility
Fund Capital Program.
Representatives from the City of Saint John and the project design team from Dillon
Consulting Limited will be available to answer questions related to the project. The
public is invited to attend an information session on this project on the following date and
times:
Date: Wednesday, March 22, 2017
Time: 2:00 — 4:00 pm and 6:00 — 8:00 pm
Location: Saint John Marina
2050 Westfield Road
For further information about this project, please contact Saint John Water at
(506) 658-4455 or the Consultant, Dillon Consulting Limited, at (506) 633-5000.
COUNCIL REPORT
M&C No.
2017-56
Report Date
March 10, 2017
Meeting Date
March 20, 2017
Service Area
Transportation and
Environment Services
His Worship Mayor Don Darling and Members of Common Council:
SUBJECT: Materials Testing and Construction Inspection Services for 2017 and
2018
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Rod Mahaney
Michael Hugenholtz /Brian
Keenan
Jeff Trail
RECOMMENDATION
It is recommended that the proposal from Stantec Consulting Ltd., for Material
Testing and Construction Inspection Services for 2017 and 2018 in the amount of
$725,801.35 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 Materials
Testing and Construction Inspection services for asphalt concrete, Portland
cement concrete and soils compaction for the years 2017 and 2018 to Stantec
Consulting Ltd.
PREVIOUS RESOLUTION
November 28, 2016; 2017 General Fund Capital Program Approved.
December 12, 2016; 2017 General Fund Operating 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.
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REPORT
BACKGROUND
The approved 2017 General Fund Capital and General Fund Operating Programs
include funding for the Materials Testing and Construction Inspection Services.
A Request for Proposal (RFP) was advertised to engage an Engineering firm to
carry out the following services for the above noted project:
♦ Asphalt Concrete Testing, Inspection, and Engineering Technical
Services
♦ Portland Cement Concrete Field and Laboratory Testing,
Inspection, and Engineering Technical Services; and
♦ Soils and Granular Materials Compaction, Testing, Inspection and
Engineering Technical Sevices.
In each of these three areas there are significantly different services required in
providing for inspection and testing. Asphalt concrete requires a number of tests
on both its physical and chemical properties requiring sophisticated lab
equipment and facilities. Portland cement concrete requires a number of field
tests as well as a physical stress test for which the City does not possess the
equipment. Soils compaction testing involves both field and laboratory
evaluation for base/sub-base aggregate for road construction, retaining wall
construction and other projects.
ANALYSIS
With a comprehensive terms of reference document developed by staff, a public
call for proposals was made for Materials Testing and Construction Inspection
Services. The Request for Proposal (RFP) closed on March 9, 2017 with responses
received from the following four consulting engineering companies:
• Stantec Consulting Ltd., Saint John, NB
• Gemtec Ltd., Saint John, NB
• Brunswick Engineering & Consulting Inc., Saint John, NB
• Conquest Engineering Ltd., Saint John, NB
A Review Committee consisting of staff from Materials Management and
Transportation & Environment Services was formed to evaluate submissions.
Each member completed an independent review of the submissions and a joint
discussion was held to develop the final ranking of submissions. The Review
Committee came to a conclusion on their recommendation, which follows later
in the report.
21
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The evaluation process uses the expertise of a variety of staff from Purchasing,
Engineering and Operations to ensure a thorough review of the various
submissions. Care must be taken to ensure that the necessary level of effort and
expertise is being directed to the various tasks involved in the work, while still
ensuring that costs to be incurred are appropriate and controllable. It is for
these reasons that cost, although very important, cannot be the sole nor most
critical deciding factor in making the selection of a consulting engineering firm.
The Committee was tasked with the role of reviewing each submission against
the proposal evaluation criteria as defined in the proposal call document. These
criteria consisted of the following:
1. Quality and Completeness — Does the proposal address all of the needs
raised? Is the proposal presented in an organized and professional
manner?
2. Consultant's Experience — Has the consultant demonstrated a level of
expertise with the requirements of this project?
3. Experience of Employees / Sub -consultants — Has the consultant
demonstrated a level of expertise for the employees of the company and
sub consultants listed?
4. Methodology— Does the approach to the project outlined in the proposal
address, in a realistic sense, attainable goals and is it in keeping with the
City's expectations for the project?
5. Cost— Cost will be a factor, however not the only factor to be considered.
Is the price quoted in line with the City's estimate for the work and has it
allowed for each aspect of the project to be adequately addressed?
After careful, independent consideration of presentation, company experience,
personnel and technical proposal, the Review Committee met to analyze the
findings of each member. After completion of the "technical" evaluation, the
financial proposals were opened and addressed. These had been submitted in
separate, sealed envelopes.
After due consideration, the Review Committee selected the submission of
Stantec Consulting Ltd., as the best proposal based on an overall rating of the
evaluation criteria - presentation, company experience, personnel, technical
proposal and cost. The submission from Stantec Consulting Ltd., met all of the
requirements of the proposal call, in a manner acceptable to the committee,
with a cost effective bid for the project.
WA
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Stantec's proposal scored the highest overall, offering the best overall solution
for the City with the most comprehensive methodology and approach, a project
schedule to meet project expectations and highly experienced and qualified
project team members. Staff believed that Stantec's proposal demonstrated a
deeper understanding of the scope and objectives outlined by the City and that
Stantec's proposed methodology represents the greatest value for the City.
POLICY — ENGAGEMENT OF ENGINEERING CONSULTANTS
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.
SERVICE AND FINANCIAL OUTCOMES
The proposed cost of work from Stantec Consulting Ltd., to provide Materials
Testing and Construction Inspection Services for this project is $725,801.35
including HST, based on estimated quantities. This cost is based on providing the
requested services for a period of 2 years ($354,784.55 in 2017 and $371,016.80
in 2018). The cost to cover these services are included in the Operating and
General Fund Capital Program Budgets.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Materials Management facilitated the RFP process to solicit proposals from
Engineering Consultants for the Material Testing and Construction Inspection
Services. The committee was tasked with the role of reviewing each submission
against the proposal evaluation criteria as defined in the proposal call document.
In accordance with the City's policies and procedures, separate assessments of
the technical and financial aspects of the submissions were undertaken by the
evaluation committee members. The above process is in accordance with the
City's Procurement Policy and Materials Management support the
recommendation being put forth.
ATTACHMENTS
N/a
W
COUNCIL REPORT
M&C No.
2017-064
Report Date
March 10, 2017
Meeting Date
March 20, 2017
Service Area
Growth and Community
Development Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Designation of Inspection Officer
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Rachel Van Wart
A Poffenroth/J Hamilton
Jeff Trail
RECOMMENDATION
It is recommended that Common Council adopt the attached resolution.
EXECUTIVE SUMMARY
The purpose of this report is to designate Gary Bennett, Assistant Building Inspector, for
the various by-laws enforced by Growth and Community Development Services.
In doing so, Mr. Bennett is designated and authorized to:
• Conduct inspections pertaining to enforcement of the Saint John Minimum
Property Standards By-law;
• Enter on property for the purpose of making any inspection necessary for the
administration of by-laws that fall within the scope of the Community Planning
Act; and
• Conduct inspections pertaining to enforcement of the Saint John Unsightly
Premises and Dangerous Buildings and Structures By-law.
PREVIOUS RESOLUTION
N/A
STRATEGIC ALIGNMENT
This report aligns with Council's Vibrant, Safe City priority.
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REPORT
From time to time, due to staff changes, it is necessary to designate appropriate
individuals as Inspection Officers for the various by-laws enforced by Growth and
Community Development Services. Mr. Gary Bennett has been hired as an Assistant
Building Inspector. At this time, it is necessary to appoint Mr. Bennett as an Inspection
Officer, so that he may conduct inspections pertaining to enforcement of the Saint John
Minimum Property Standards By-law.
It is also necessary at this time to authorize Mr. Bennett for the right to enter upon
property for the purpose of making any inspection necessary for the administration of
by-laws that fall within the scope of the Community Planning Act. These powers of
entry are described in Section 92(1) of the Act and extend to the Saint John Building By-
law, the Zoning By-law and the City of Saint John Flood Risk Areas By-law.
In addition, Mr. Bennett will be designated and authorized to conduct inspections
pertaining to enforcement of the Saint John Unsightly Premises and Dangerous Buildings
and Structures By-law.
SERVICE AND FINANCIAL OUTCOMES
N/A
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/A
ATTACHMENTS
Resolution
OR
RESOLVED, that as recommended by the City Manager, the following resolution be adopted:
1. WHEREAS the Common Council of The City of Saint John has enacted certain by-
laws pursuant to the authority of the Community Planning Act, R.S.N.B 1973, c. C-
12, and amendments thereto, (the "Community Planning Act") including the Saint
John Building By-law, By-law Number C.P. 102 and amendments thereto, and it may
from time to time be necessary to make inspections for the administration of this By-
laws;
AND WHEREAS subsection 92(1) of the Community Planning Act provides that a
council may authorize persons to enter at all reasonable times upon any property
within its jurisdiction for the purpose of making any inspection that is necessary for
the administration of a by-law:
NOW THEREFORE BE IT RESOLVED, that Gary Bennett, who is a City
Inspector, is hereby authorized to enter at all reasonable times upon any property
within the territorial boundaries of the City of Saint John for the purpose of
making any inspection that is necessary for the administration of the Saint John
Building By-law, effective immediately, and this authorization shall continue until
he ceases to be an employee of the Growth and Community Development
Services department of The City of Saint John or until rescinded by Common
Council, whichever comes first.
2. WHEREAS the Common Council of The City of Saint John has enacted certain by-
laws pursuant to the authority of the Community Planning Act, R.S.N.B 1973, c. C-
12, and amendments thereto, (the "Community Planning Act") including the Saint
John Building By-law, By-law Number C.P. 102, and amendments thereto, and it
may from time to time be necessary to make orders for the administration of these
By-laws;
WHEREAS subsection 93(1) of the Community Planning Act provides that a council
may authorize persons to, when a development is undertaken in contravention of the
Community Planning Act, a by-law or regulation under the Community Planning Act,
a by-law or terms and conditions imposed on the development, order the cessation of
the development, alteration of such development so as to remove the contravention,
or the doing of anything required to restore the land, building or structure to its
condition immediately prior to the undertaking of such development:
NOW THEREFORE BE IT RESOLVED, that Gary Bennett who is a City
Inspector, is hereby authorized to, when a development is undertaken in
41.1
contravention of the Community Planning Act, the Saint John Building By-law or
the terms and conditions imposed on the development, order the cessation of the
development, alteration of such development so as to remove the contravention,
or the doing of anything required to restore the land, building or structure to its
condition immediately prior to the undertaking of such development, effective
immediately, and this authorization shall continue until he ceases to be an
employee of the Growth and Community Development Services department of
The City of Saint John or until rescinded by Common Council, whichever comes
first.
3. WHEREAS subsection 4(1) of the Saint John Minimum Property Standards By-law,
By-law number M-14, provides that Common Council may for the purposes of the
administration and enforcement of the said by-law, appoint inspection officers who
may exercise such powers and perform such duties as may be set out in the said by-
law and/or the Residential Properties Maintenance and Occupancy Code Approval
Regulation Municipalities Act and/or the Municipalities Act:
NOW THEREFORE BE IT RESOLVED, that Gary Bennett is hereby
appointed as an inspection officer with respect to the enforcement of the Saint
John Minimum Property Standards By-law which received first and second
reading by Common Council on August 18, 2008 and third reading on September
2, 2008, being enacted upon approval by the Minister of Local Government,
and/or the Residential Properties Maintenance and Occupancy Code Approval
Regulation Municipalities Act and/or the Municipalities Act, and this
appointment shall continue until he ceases to be an employee of the Growth &
Community Development Services department of the City of Saint John or until it
is rescinded by Common Council, whichever comes first.
4. WHEREAS the Common Council of The City of Saint John has enacted certain by-
laws pursuant to the authority of the Municipalities Act, R.S.N.B 1973, c. M-22, and
amendments thereto, (the "Municipalities Act") including the Saint John Unsightly
Premises and Dangerous Buildings and Structures By- law, By-law Number M- 30
and amendments thereto, and it may from time to time be necessary to make
inspections for the administration of the By-law;
AND WHEREAS subsection 102.1(1) of the Municipalities Act provides that a
council may authorize officers to enter at all reasonable times upon any property
within its jurisdiction for the purpose of making any inspection that is necessary for
the administration the By-law:
NOW THEREFORE BE IT RESOLVED, that Gary Bennett, City Inspector, is
hereby appointed as an inspection officer and authorized to enter at all reasonable
times upon any property within the territorial boundaries of the City of Saint John
AXI
for the purpose of making any inspection that is necessary for the administration
of the Saint John Unsightly Premises and Dangerous Buildings and Structures
By- law which received first and second reading by Common Council on February
27, 2012 and third reading on March 12, 2012, being enacted upon approval by
the Minister of Local Government, and/or the Municipalities Act, effective
immediately, and this authorization shall continue until he ceases to be an
employee of the Growth and Community Development Services department of
The City of Saint John or until rescinded by Common Council, whichever comes
first.
K-11
COUNCIL REPORT
M&C No.
2017-58
Report Date
March 10, 2017
Meeting Date
March 20, 2017
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Spring 2017 Debenture Application
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadL4
City Manager
Hilary Nguyen
Kevin Fudge
m
I Jeff Trail
RECOMMENDATION
Whereas occasion having arisen in the public interest for the following public
civic works and needed civic improvements, that is to say:
GENERAL FUND
Protective Services
$
500,000
Transportation Services
$
3,700,000
Economic Development
$
300,000
Parks and Recreation
$
500,000
TOTAL
Wel
$ 5,000,000
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1. Therefore resolved that debentures be issued under provisions of the
Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments
thereto to the amount of five million dollars ($5,000,000).
2. Commissioner of Finance be authorized to issue and to sell to the New
Brunswick Municipal Finance Corporation (the "Corporation") a City of
Saint John bond or debenture in the principal amount of five million
dollars ($5,000,000) at such terms and conditions as are recommended
by the Corporation.
3. Commissioner of Finance be authorized to pay principal and interest
charges on the above bond or debenture to the Corporation.
4. And further that the Commissioner of Finance be hereby authorized to
receive an offer in connection with the foregoing debenture at a price not
less than $98 per $100 of debenture, at interest rates not to exceed an
average of 4.50% and at a term not to exceed 15 years for the issue
related to the General Fund.
5. And further that the Commissioner of Finance report to Common Council
the exact values for price per $100 of debenture, interest rate and term
in years, together with the date of the issue.
EXECUTIVE SUMMARY
Notice of motion was given at the February 6t", 2017 meeting of Common
Council regarding the need to borrow five million dollars ($5,000,000). The next
step in the debenture financing is to submit application to the New Brunswick
Municipal Finance Corporation. In order to proceed with the debenture financing
this recommendation requires Council's adoption.
PREVIOUS RESOLUTION
M&C — 2017-016 — Spring 2017 Debenture Issue — Notice of Motion
091
-3 -
REPORT
The New Brunswick Municipal Finance Corporation is planning a bond issue in
the near future and applications are to be submitted by March 29, 2017. While
the issue will not be sold until the Corporation feels that rates are reasonable,
they have provided ranges within which the issue could be sold. These are as
follows:
Interest Rate: Not to exceed an average of 4.50%
Price, Net: Not to be less than $98.00 per $100.00 of
debenture
Term: Serial form to mature in equal annual amounts
over a term not to exceed 15 years for the General
Fund
Notice of motion was given at the February 6t" meeting of Common Council
regarding the need to borrow five million dollars ($5,000,000).
SERVICE AND FINANCIAL OUTCOMES
N/A
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/A
ATTACHMENTS
N/A
31
r
Commission
+,
March 8, 2017
Jonathan Taylor
Common Clerk
City of Saint John
8t" Floor, City Hall
Saint John, NB
Dear Mr. Taylor,
RE: Appointment of Corey Vautour
Canadian Corps of Commissionalres
as By -Law Enforcement Officer
11 th Floor, City Hall, 11 ieme Etage, H6tel de Ville
P.O. Box 19711 C.P. 1971
Saint John, N.BJN.-B. E21_41_1
Tel / Tel: (506) 658-2897
Fax/ Telecopieur: (506) 649-7938
E-mail / Courriel: parking@saintjohn.ca
We are requesting that the following resolution be presented to Common Council for approval:
"Resolved that pursuant to Section 14 of the Police Act of the Province of New
Brunswick, the Common Council of the City of Saint John does hereby appoint
the following member of the Canadian Corps of Commissionaires as By -Law
Enforcement Officer with the responsibility and authority to enforce provisions
of the Parking Meter By -Law and the provisions of Section 5 Section 5.1, Section
7, Section 8, Section 15 and Section 16 of the Saint John Traffic By -Law, namely:
Corey Vautour.
And further, that this appointment shall continue until such time as the
appointee ceases to be a member of the Canadian Corps of Commissionaires or
until the appointment is rescinded by Common Council, whichever comes first."
Ys ruly,
our
Marc Dionne
Operations Manager
Saint John Parking Commission
Arn
32
www.saintjohn.ca
Pablo Casi|lasGomarra,Project Manager
Port City Water Partners
3O0Bayside Drive, Suite #1O1
Saint John, NB
E2.1 4Y8
March 13, 2017
Mayor Darling and Common Council,
On behalf ofPort City Water Partners, the construction joint venture partner working with the
City of Saint John to deliver the Safe Clean Drinking Water Project (SCDWP), we would like to
invite you to attend our upcoming public information session about the project.
This event will provide the broader community with general information on the SCDWP,
including an overview ofcurrent construction activities and anticipated activities lnthe coming
months. This event will be drop -|n, tradeshow format, with information booths dedicated to key
topic areas ofthe project, including project timelines, safety and environment, and descriptions
of the infrastructure being constructed. Project staff aind other key representatives will be on
hand toexplain and answer questions.
This open house, will be an opportunity to communicate the value of this project to local
residents and businesses and encourage further understanding of the future benefits that will
result from this joint venture. Having members of the Council present would be of huge value to
demonstrate the collaborative nature of this project, and build excitement for the near -future
availability ofsafe clean drinking water for Saint ]mhmers.
Event details are as follows:
Thursday, March 30, 4-7pm at the New Brunswick Community College (NBCC) Gymnasium, 950
Grandview Avenue.
This event will be a key part of communicating the benefits of this project to the community,
further demonstrating our mutual commitment to improving the quality of water for ratepayers
and residents. VV#look forward tnseeing you there.
091
�PORT CITY
Safe Clean Drinking Water Project
NOTICE OF CONSTRUCTION ACTIVITIES
Date: March 9, 2017
Locations: Loch Lomond Road, Westmorland Road and Rothesay Avenue
Starting this construction season, Port City Water Partners will be conducting the next phase of
construction work activities on Loch Lomond Road, Westmorland Road and Rothesay Avenue, as
part of City of Saint John's Safe Clean Drinking Water Project (SCDWP).
Port City Water Partners will be undertaking the following road closures and traffic flow
adjustments between April 2017 and late Fall 2017:
• Closing down Loch Lomond Road to through -traffic from Westmorland Road to MacDonald
Street from April 2017 until June 2017
• Closing Westmorland Road to through -traffic from Loch Lomond Road to Ellerdale Street
from June 2017 until September 2017
• Closing down 2 eastbound lanes of traffic flow on Rothesay Avenue from Thorne Avenue to
McLean Street from April 2017 until late Fall 2017. Rothesay Avenue will remain open to
two-way traffic during construction. Motorist should expect significant delays while
travelling in this area.
• Closing down or reducing traffic by one lane on Loch Lomond Road from Hickey Road to Bon
Accord Drive from April 2017 until late Fall 2017
When
Final dates of road closures and detours will be announced in official Traffic Advisories posted on
the City of Saint John website (http://www.saintjohn.ca/en/home/news/newsreleases/default.aspx)
as well as through local media agencies and more specific public notifications.
Motorists are encouraged to plan alternate routes and avoid the noted areas when possible. Traffic
detours will be noted allowing for traffic flow around the affected areas.
Access
For the duration of this work, Port City Water Partners will maintain access to all residences,
businesses and emergency vehicles within the specified construction area at all times. Through -
traffic on closed sections of roads will be prohibited for the specified period of time. This work is
required to install new water transmission mains, as part of the City of Saint John's Safe Clean
Drinking Water project.
0111
�PORT CITY
Motorists and residents should expect delays accessing properties on the noted roadways during
the specified period.
We thank you for your continued patience and support as we continue our work on ensuring that
Saint John residents have access to safe clean drinking water.
If you have questions or would like further information about these planned work activities, or the
Safe Clean Drinking Water Project, please visit www.saintjohn.ca or contact Customer Service at
(506) 658-4455 / service@saintjohn.ca.
W
Project d'eau potable saine et propre
AVIS DES ACTIVITES DE CONSTRUCTION
Date: 13 mars 2017
�PORT CITY
Emplacements: le chemin Loch Lomond, le chemin Westmorland et ('avenue Rothesay
A compter de cette saison de construction, Port City Water Partners commencera la prochaine
phase des travaux de construction sur le chemin Loch Lomond, le chemin Westmorland et ('avenue
Rothesay, dans le cadre du projet d'eau potable saine et propre de la Ville de Saint John.
Port City Water Partners effectuera les fermetures des routes suivantes et des ajustements des
voies de circulation entre avril 2017 et la fin de I'automne 2017
• Fermeture a la circulation du chemin Loch Lomond entre le chemin Westmorland et la rue
MacDonald a compter d'avril 2017 jusqu'a juin 2017
• Fermeture a la circulation du chemin Westmorland entre le chemin Loch Lomond et la rue
Ellerdale a compter de juin 2017 jusqu'a septembre 2017
• Fermeture de 2 voies de circulation en direction est sur ('avenue Rothesay entre ('avenue
Thorne a la rue McLean a compter d'avril 2017 jusqu'a la fin de I'automne 2017. L'avenue
Rothesay restera ouverte a la circulation aux deux sens pendant la construction. Les
automobilistes devront s'attendre a des retards importants en voyageant dans cette region.
• Fermeture ou reduction de la circulation d'une voie du chemin Loch Lomond des le chemin
Hickey jusqu'a la promenade Bon Accord a compter d'avril 2017 jusqu'a la fin de I'automne
2017
Quand
Les dates finales des fermetures des routes et des detours seront annoncees dans les Avis de
circulation officiels affiches sur le site Web de la Ville de Saint John
(http://www.saintjohn.ca/fr/home/news/newsreleases/default.aspx) ainsi que par des agences de
presse et des notifications publiques plus specifiques.
Les automobilistes sont avises de prevoir leurs deplacements en consequence et d'eviter les zones
indiquees lorsque possible. Les detours a la circulation seront indiques permettant le maintien de la
circulation autour des zones affectees.
Acces
Pour la duree de ces travaux, Port City Water Partners maintiendra I'acces en tout moment aux
residences, entreprises et vehicules d'urgence dans la zone de construction specifiee. La circulation
directe sur les trongons des routes fermees sera interdite pendant la periode specifiee. Ce travail est
01.1
�PORT CITY
necessaire pour installer de nouvelles conduites de distribution d'eau, dans le cadre du projet d'eau
potable saine et propre de la Ville de Saint John.
Les automobilistes et les residents devraient s'attendre a des retards d'acces aux proprietes sur les
routes indiquees au cours de la periode specifiee.
Nous vous remercions de votre patience et de votre soutien alors clue nous poursuivons nos travaux
pour assurer un acces a 1'eau potable saine et propre pour les residents de la Ville de Saint John.
Si vous avez des questions ou si vous souhaitez de plus ampler renseignements sur les
activites planifiees, ou sur le projet d'eau potable Baine et propre, s'il vous plait visitez-nous
A www.saintjohn.ca ou communiquer avec le service a la clientele au (506) 658-4455 /
service @saintjohn.ca.
Kul
�PORT CITY
Safe Clean Drinking Water Project
NOTICE OF CONSTRUCTION ACTIVITIES
Date: March 9, 2017
Location: Intersection of Bridge Road and Fallsview Drive
Starting April 2017, Port City Water Partners will be conducting the next phase of construction work
activities on Bridge Road, as part of the Safe Clean Drinking Water Project (SCDWP).
Port City Water Partners will be reducing traffic by one lane, on occasion there will be stop and go
traffic on Bridge Road at the intersection of Fallsview Drive, starting in April 2017 and lasting
through to the end of the month.
When
Final dates of traffic disruptions will be announced in official Traffic Advisories posted on the City of
Saint John website (http://www.saintjohn.ca/en/home/news/newsreleases/defauIt.aspx) as well as
through local media agencies and more specific public notifications.
Motorists are encouraged to plan alternate routes and avoid the noted area when possible.
Access
For the duration of this work, Port City Water Partners will maintain access to all businesses,
residences and emergency vehicles within the specified construction area at all times. This work is
required to install new water transmission mains, as part of the City of Saint John's Safe Clean
Drinking Water project.
Motorists and residents should expect minor delays accessing properties on the noted roadways
during the specified period.
M-11
�PORT CITY
We thank you for your continued patience and support as we continue our work on ensuring that
Saint John residents have access to safe clean drinking water.
If you have questions or would like further information about these planned work activities, or the
Safe Clean Drinking Water Project, please visit www.saintjohn.ca or contact Customer Service at
(506) 658-4455 / service@saintjohn.ca.
061
�PORT CITY
Eau potable saine et propre
AVIS DES ACTIVITES DE CONSTRUCTION
Date: 9 mars 2017
Emplacement: Intersection du chemin Bridge et de la promenade Fallsview
A compter d'avril 2017, Port City Water Partners commencera la prochaine phase des travaux de
construction sur le chemin Bridge, dans le cadre du projet d'eau potable saine et propre.
Port City Water Partners reduira la circulation a une voie, et de temps en temps, it y aura des
bouchons de circulation sur le chemin Bridge, a ('intersection de la promenade Fallsview, a partir
d'avril 2017 et jusqu'a la fin du mois.
Quand
Les dates finales des interruptions du trafic seront annoncees dans les Avis de circulation officiels
affiches sur le site Web de la Ville de Saint John
(http://www.saintjohn.ca/fr/home/news/newsreleases/default.aspx) ainsi que par des agences de
presse et des notifications publiques plus specifiques.
Les automobilistes sont avises de prevoir leurs deplacements en consequence et d'eviter les zones
indiquees lorsque possible.
Acces
Pour la duree de ces travaux, Port City Water Partners maintiendra I'acces en tout moment aux
residences, entreprises et vehicules d'urgence dans la zone de construction specifiee. Ce travail est
necessaire pour installer de nouvelles conduites de distribution d'eau, dans Ie cadre du projet d'eau
potable saine et propre de la Ville de Saint John.
Les automobilistes et residents devraient s'attendre a des retards mineurs a I'acces aux proprietes
sur les routes indiquees au cours de la periode specifiee.
Nous vous remercions de votre patience et de votre soutien alors que nous poursuivons nos travaux
pour assurer un acces a 1'eau potable saine et propre pour les residents de la Ville de Saint John.
�PORT CITY
Si vous avez des questions ou si vous souhaitez de plus amples renseignements sur les activites
planifiees, ou sur le projet d'eau potable saine et propre, s'il vous plait visitez-nous a
www.saintjohn.ca ou communiquer avec le service a la clientele au (506) 658-4455 /
service@saintjohn.ca.
!II
COUNCIL REPORT
M&C No.
2017-62
Report Date
March 14, 2017
Meeting Date
March 20, 2017
Service Area
Corporate Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Museum of New York Department of Rights and Reproduction
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadL4
City Manager
Patricia Anglin
Jonathan Taylor
m
I Jeff Trail
RECOMMENDATION
It is recommended that Common Council approve the terms of the Permission
for Use agreement for the reproduction of the image of Mayor Gabriel Ludlow
for use in a commemorative booklet for Canada 150 and that the Mayor and
Common Clerk be authorized to execute the Permission for Use agreement.
EXECUTIVE SUMMARY
In 2008 the Clerk's office purchased a digital file containing the image of Mayor
Gabriel George Ludlow from the Museum of the City of New York. The digital file
of the portrait of Ludlow was reproduced on canvas by Photography Flewwelling
and hung in the Ludlow Room. A commemorative booklet, for educational
purposes, is being planned by the Canada 150 Committee highlighting archival
treasures and other items of significance to the City. The group would like to use
the image of Mayor Ludlow in the booklet. To use the image a Permission of Use
agreement must be entered into between the City and the Museum of the City
of New York.
PREVIOUS RESOLUTION
N/A
STRATEGIC ALIGNMENT
N/A
SERVICE AND FINANCIAL OUTCOMES
:1 PA,
-2-
N'A
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Request from Bernard Cormier, Canada 150 Committee.
ATTACHMENTS
Permission of Use Agreement
!i93
Department of Rights
and Reproductions
1220 Fifth Avenue
New York, NY 10029
Email: rightsandrepro@mcny.org
Permission for Use
Definitions:
The following terms have the following meanings
when used herein:
"Permission" means the terms and conditions set
forth herein.
"Image(s)" means each photograph, negative, slide
or electronic digitized picture of the object(s) listed
in this Permission.
"Work" means the final product created with the
Image as authorized in this agreement.
Permission for Use
The Museum of the City of New York (Museum)
grants non-exclusive, non -transferable, limited
permission to use the Image(s) in the Work in
accordance with the terms of this Permission.
Nothing set forth in this Permission for Use shall
restrict the Museum's right to the Image(s),
including the right to allow others to use the
Image(s).
Use
Your permission to use an image is based on the
restrictions and rights set forth herein. No other
permission will be granted unless specifically
stated. For online use the file must be published
at 96 dpi or less.
Image Requirements
No Image may be in any way distorted, whether by
rotation, inversion, change of proportion, color
alteration, superimposition, animation, or other
method without the prior written approval of the
Museum.
Details of an Image may be used, subject to the
prior approval of the Museum, and must be labeled
as such in the publication.
No Image may be cropped more than 10 percent in
any dimension, over -printed, or otherwise altered
without the Museum's permission.
Credit of Images
Full documentation must appear exactly as
specified by the Museum without editing,
omissions or use of abbreviations or acronyms,
either adjacent to the reproduction on the page, or
with list of sources and credits within the
publication. The credit line must appear as follows,
except when otherwise directed by the Museum:
Matthew Pratt (1734-1805) / Museum of the City of
New York. 72.31
Rights
All rights in the Image(s), and any documentation
and related text supplied by the Museum, including
without limitation any copyrights, other than the
nonexclusive permission granted herein, will
remain vested in the Museum.
Warranties and Indemnities
The Museum warrants and represents that so far as
it is aware, but without investigation, the
permission granted by it hereunder will not infringe
the rights of any third parry. Notwithstanding the
foregoing, the Museum is acting only as an owner
of the physical original. The Museum is not
responsible for determining the copyright status of
the Image(s), or for securing copyright permission
and the payment for any such permissions required.
The rights granted under this Agreement do not
include any rights that persons other than the
Museum may have in the Images or Work,
including any artists' rights of attribution or control
under the laws of any country or state, moral rights,
or the rights of publicity or privacy.
Except as expressly set forth herein, the Museum
disclaims any warranties, expressed or implied,
including warranties of non -infringement or fitness
for a particular purpose.
The party to whom use is herein granted warrants
and represents that the Work, as distinct from the
Images subject to Museum's warranties above, will
not violate or infringe upon the rights, including,
without limitation, copyrights, or any other
intellectual property rights, moral rights or
publicity or privacy rights of any other person or
entity. User of Images) hereby indemnifies and
holds Museum harmless against any costs,
expenses, losses, damages, judgments and claims
(including court and attorney fees) that Museum
may suffer or incur: (i) as a result of a claim of any
third party based on or arising out of the Work; or
(ii) arising from the Image user's breach of any
provision of this Agreement.
Comulimentary Coov of Work
Museum will be furnished, free of charge, with one
copy of the Work within thirty (30) days of
printing.
Permission for the reproduction of the Images)
listed herein is granted for the sole purpose
specifically indicated:
Educational booklet for the 1501' anniversary of the
City of Saint John, New Brunswick, Canada
We have read and understand the regulations which
govern the reproduction of images from the
collections of the Museum of the City of New York
and we agree to abide by the terms and conditions
detailed herein. We understand that this license is
not valid until a co-signed copy is on file with the
Museum of the City of New York.
Signed:
Date:
Full name, title, company name, address and
telephone number:
Please send the signed copy and address
inquiries to:
Lauren Robinson, Rights and Reproductions
Museum of the City of New York
1220 Fifth Avenue
New York, NY 10029
For and on behalf of the Museum of the City of
New York:
Signed:
Date:
(Official date of document)
Thank you for your interest in the Museum of the City of New York
!l+91
AR(
DE SAINT -JEAN
Le 3 mars 2017
CMMU ` t6
M. Don Darling, Maire de la Ville de Saint-Jean
Membres du Conseil municipale de la Ville de Saint-Jean
C. P. 1971
Saint-Jean, NB
E2L 4L1
M. Ile maire et membres du conseil municipale,
& saint Jean inc.
Le present fait suite a des echanges de courriels entre M. Rodney Doucet, Directeur des
affaires culturelles a I'ARCf de Saint-Jean et M. Bernard Cormier, Directeur des affaires
culturelles de la Ville de Saint-Jean, concernant 1'etat des trois statues personnifiant les
personnages marquants du Fort LaTour qui sont installes pres du site du Fort LaTour, le
long du passage du port.
Ces statues ont ete creees par I'artiste Albert Deveau it y pres d'une vingtaine d'annees
dans le cadre du defunt Festival de la Baie Francaise, evenement organise par I'ARCf de
Saint-Jean. Depuis quelque temps, it semblerait que la Ville de Saint-Jean a re�u quelques
piaintes au sujet de leur niveau d'entretien et de leur apparence. On nous avise meme que
le departement de charpenterie de la Ville de Saint-Jean estime que les statues se
deteriorent en raison du lois qui pourrit et que par consequent, ils posent un certain
danger pour le public.
Nous avons egalement effectue une inspection des statues et nous sommes aussi d'avis
qu'elles devraient etre enlevees du site. En tant qu'instigateurs du projet, nous aimerions
demander a la Ville de Saint-Jean de bien vouloir enlever les trois statues du site.
5i vous avez des questions, nous pouvez communiquer avec Rodney Doucet, au 506-658-
4608.
Merci de I'attention que vous porterez a tette requete,
"VVQA--
icel Cote
Xrecteur general
kRCf de Saint-Jean
March 3, 2017
Don Darling, Mayor of the City of Saint John
Members of the City of Saint John's City Council
PO Box 1971
Saint John, NB
E2L 4L1
Mr. Mayor and members of the City Council,
This is in response to email exchanges between Rodney Doucet, the ARCf de Saint -Jean's Director of
Cultural Affairs, and Bernard Cormier, the City of Saint John's Director of Cultural Affairs. The emails
concern the condition of three statues of Fort La Tour's pivotal figures, which are located near the Fort
La Tour site, along the harbour passage.
These statues were created by artist Albert Deveau almost twenty years ago as part of the now -defunct
Festival de la Baie Frangaise, an event organized by the ARCf de Saint-Jean. It seems that some time
ago, the City of Saint John received a number of complaints about the statues' level of maintenance and
their appearance. Please be advised that the City of Saint John's Carpentry Shop thinks that the statues
are deteriorating because the wood is rotting and that as a result, they pose a certain danger to the
public.
We have also inspected the statues and agree that they should be removed from the site. As project
developers, we would like to ask the City of Saint John to remove the three statues from the site.
If you have any questions, please contact Rodney Doucet at 546-658-4608.
Thank you for your attention.
Michel C6te
Executive Director
ARCf de Saint-Jean
COUNCIL REPORT
M&C No.
2017-61
Report Date
March 14, 2017
Meeting Date
March 20, 2017
Service Area
Corporate Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. Long Term Disability Group Insurance Policy, Great West Life
Assurance Company
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadActing
City Manager
Leah Robichaud
Scott A. Brittain
Neil Jacobsen
Neil Jacobsen
RECOMMENDATION
RESOLVED that the Mayor and Common Clerk be authorized to execute the Long
Term Disability ("LTD") Insurance Policy with Great West Life Assurance
Company for unionized employees of The City of Saint John and the Saint John
Police Commission, further identified by Policy No. 165993GHA, for the period
between January 1St, 2013 and December 31St, 2014, and the amended Policy,
which took effect on January 1St, 2015 (collectively, the "Policy").
EXECUTIVE SUMMARY
With the conversion from the pension plan under the City of Saint John Pension
Act to the existing shared risk plan, effective January 1St, 2013, came the
elimination of "disability pensions" from the pension plan regime and the
corresponding need for the City to arrange for the replacement benefit of LTD
insurance coverage in the days leading up to conversion.
The obligation for the City to arrange such alternative coverage stemmed from a
Memorandum of Understanding ("MOU") that was entered into between the
City and CUPE Locals 18 and 486, IAFF Local 771 and the Saint John Police
Association (collectively, the "Unions") on December 20th, 2012, paragraph 3(t)
of which provides as follows:
(t) The employer shall obtain long term disability
insurance for all its Employees effective as of the
Conversion Date. Such long term disability
48
-2 -
insurance must be covered under an insured policy
with a life insurance company on terms as the
Employer and Unions agree.
The terms that were agreed to between the City and the Unions, as noted in the
above -referenced paragraph of the MOU, are reflected in the Policy.
Common Council will recall that the LTD insurance coverage that was agreed to
at first instance applied for an "interim/bridging period" of two years from
January 1St, 2013 until December 31St, 2014, subject to the terms that: (1) the
City would cover 100% of the cost for the "interim/bridging period"; (2) the
coverage would allow for "own occupation" coverage for a period of two years,
after which coverage would shift to "any occupation" coverage until age 65, and
(3) a Committee chaired by the Mayor and further consisting of a representative
from each of the Unions as well as a representative from the Pension Task Force
would be established for the purpose of "negotiating a cost sharing arrangement
for LTD benefits for the period following the interim/bridging period". This was
reflected in a resolution of Common Council dated December 20th, 2012
By resolution of Common Council dated December 23rd, 2013, the Committee
contemplated in the December 20th, 2012 resolution of Common Council was
created (with some mutually agreed to modifications being made subsequently).
Ultimately, this Committee met several times but was unable to reach
agreement respecting post interim/briding period LTD benefits. This triggered
referral to an Arbitration Board chaired by George P.L. Filliter, Q.C. and
ultimately led to an agreement between the parties respecting the scope of the
post interim/bridging period benefits that was approved by Common Council by
resolution dated November 14th, 2014. The terms agreed to by the City and the
Unions is reflected in the document which captures the LTD coverage for the
period commencing January 1St, 2015.
This left a single remaining issue for the Arbitration Board to decide, which was
the proportion of the LTD coverage that would be paid, respectively, by the City
and the employees. The Arbitration Board ultimately decided that the City
would continue to pay 100% of the benefit but that that would/could change at
the negotiating table with each of the Unions. Currently, under the applicable
collective agreements, the City pays for 75% of the benefit for members of CUPE
Locals 18 and 486 and 100% of the benefit for members of IAFF Local 771 and
the Saint John Police Commission pays for 100% of the benefit for members of
the Saint John Police Association.
Since January 1St, 2013, the City has been paying what is referred to as a monthly
binder premium for LTD coverage for the members of the Unions. This is a
budgeted and ongoing expense. The formal approval by Common Council of the
Policy for the interim/bridging period as well as the amendments thereto, which
!Loll
-3-
took effect on January 1St, 2015, is a housekeeping detail that the
recommendation in this report is intended to tidy up.
PREVIOUS RESOLUTION
The following resolution was adopted by Common Council at its meeting of
December 27th, 2012
RESOLVED that as recommended by the City
Manager in the submitted report entitled Long Term
Disability Coverage for Employees of the City's
Bargaining Units:
1) Common Council agree to obtain Long Term
Disability coverage for employees of IAFF Local 771;
the Saint John Police Association; CUPE Local 18 and
CUPE Local 486 effective January 1, 2013 from Great
West Life in accordance with a policy containing the
provisions generally outlined in the Memorandum of
Understanding regarding the City of Saint John
Pension Plan and the Common Council resolution
respecting Long Term Disability coverage adopted
December 20, 2012,
2) AND THAT the Commissioner of Finance be
authorized to release a binder premium to Great
West Life for the first month's payment prior to
January 1, 2013,
3) AND FURTHER THAT the master application and
contract between Great West Life and The City of
Saint John be subject to the future approval of
Common Council.
STRATEGIC ALIGNMENT
N/A
SERVICE AND FINANCIAL OUTCOMES
N/A
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
61191
-4 -
The Policy and the amendments thereto have been reviewed by both Human Resources
and the City Solicitor's Office generally and vis-a-vis the earlier resolutions of Common
Council respecting same.
ATTACHMENTS
Appendix A Great West Life Group Disability Income Insurance Policy, effective from
January 1St, 2013 until December 31St, 2014 (i.e. the "interim/bridging
period")
Appendix B Amendments to the Great West Life Group Disability Income Insurance
Policy, effective from January 1St, 2015 (i.e. the post "interim/bridging
period")
51
@ The Great -West Life Assurance Company. This PDF version of
the policy, together with any amendments that may not be included
with this PDF, constitutes the official version of the policy. This
document is write -protected. No additions, deletions, or modifications
may be made to this document. Security permissions allow electronic
signatures.
6M,
GROUP 105URAnCC POLICY
GROUP POLICYHOLDER: THE CITY OF SAINT JOHN
GROUP POLICY NO.:
EFFECTIVE DATE:
165993GHA
January 1, 2013
INSURANCE PROVIDED: Disability Income Insurance
M
THE Gi`eat- est Life ASSURANCE COMPANY
APPLICATION FOR GROUP POLICY
THE CITY OF SAINT JOHN
(the Applicant) applies to The Great -West Life Assurance Company for Group Policy
No. 165993GHA in the attached form. The Applicant has approved this Group Policy and
has accepted its terms.
Dated at this day of
Witness
Agent or Consultant of Record
THE CITY OF SAINT JOHN
0
6'51!
Title
TABLE OF CONTENTS
PAGE
AGREEMENT Al
OF BENEFITS --TB
INSURING PROVISIONS
Employer
C 1
Insurance Clause
C 1
Insurable Employee
C 1
Effective Date of Insurance
C 3
Changes in Insurance
C 3
Actively at Work Requirement
C 3
Underwriting Provision
C 4
Termination of an Employee's Insurance
C 5
Reinstatement of an Employee's Insurance
C 6
Assessment Responsibility
D 1
Disability
D 1
During the Initial Assessment Period
D 1
After the Initial Assessment Period
D 1
Loss of License
D 2
Disability Period
D 3
Waiting Period
D 3
Benefit Period
D 4
Recurrence
D 4
Income Benefits
D 5
Amount Payable
D 5
Offset Provision
D 7
All Source Maximum Provision
D 8
Rehabilitation Incentive Provision
D10
WN
165993
55
Inflation Protection
[}11
Aaaaaennant
O11
Recalculation
D11
Other Income
O11
Consumer Price Index Factor
D12
Changes tothe Consumer Price Index
C}12
Coot-of-LivingAdjustment Factor
[) 12
Consumer Price Index
D12
Vocational Rehabilitation
013
Participation Commitment
O 13
Time Commitment
O13
Employment Income
D13
Expense Benefit
[}14
Limitation
[) 14
Medical Coordination
O 15
Participation Commitment
[] 15
Expense Benefit
O 16
Limitations
C} 10
General Limitations
[] 17
CLAIM PROVISIONS
Notice of Claim
E1
Proof ofClaim
E1
Notice ofAssessment
E1
Legal Actions
E2
Overpayment
E2
Subrogation and Right ofRecovery
E2
Beneficiary
E2
GENERAL PROVISIONS
Currency
F1
Furnishing ofInformation: Access toRecords
F1
Medical and Vocational Assessments
F3
yWiantotarnant of Age
F 2
Disclosure Provisions
F 3
Appeals
F4
Conformity to Legislation
F 4
Non -Participating
F4
Gender
F4
Annual Earnings
F5
WE
165993 56
Payment
G 1
Grace Period
G 1
Calculation: Premium Rate
G 1
Adjustments
G 1
Rate Changes
G 2
TERMINATION OF THE POLICY H 1
TRANSFER PROVISIONS
Transfer of Insurance 11
Transfer of Claims 12
165993
57
AGREEMENT Great -West Life agrees to pay the benefits provided by this
policy to the persons entitled to receive them. This
agreement is made in consideration of the Group
Policyholder's payment of the required premiums.
This policy takes effect at 12:01 a.m. on the Effective Date,
local time at the Group Policyholder's address.
The following pages and any riders or amendments are a
part of this policy.
Signed at The Great -West Life Assurance Company, Winnipeg, Manitoba
President and
Chief Executive Officer
Aus
165993 58
President and
Chief Operating Officer, Canada
IM
Ff_,T:TW:Y91z___T4 Twim
This table must be read in conjunction with the rest of this policy.
ELIGIBLE CLASSES: All employees
WAITING PERIOD: 119 calendar days
INITIAL
ASSESSMENT PERIOD: the waiting period plus the next 24 months of
disability
SUBSEQUENT
ASSESSMENT LEVEL: 50%
BENEFIT FORMULA: 66 2/3% of monthly earnings
GROSS BENEFIT: the amount derived from the benefit formula. The
maximum gross benefit is $10,000.
INCOME BENEFIT: the lesser of the gross benefit and the all source
maximum
ALL SOURCE MAXIMUM: 85% of take-home pay
COST -OF -LIVING
PERCENTAGE: 1%
TAX STATUS: non-taxable
LTD B -TB I
165993
59
INSURING PROVISIONS
EMPLOYER Employer means the Group Policyholder.
INSURANCE CLAUSE To become insured under this policy a person
must:
1. be employed by the employer;
2. be an insurable employee;
3. be in an eligible class;
4. satisfy the eligibility conditions; and
5. satisfy the effective date of insurance
provisions.
INSURABLE EMPLOYEE
- permanent and full-time A permanent and full-time employee becomes
employees insurable under this policy, subject to certain
exceptions:
1. if he is under age 63; and
2. he is employed for at least 32.5 hours each
week.
Eligibility commences on the date of the
employee's full-time employment.
A permanent and full-time employee is not
insurable under this policy if he is employed on a
seasonal or casual basis.
- permanent and part-time A permanent and part-time employee becomes
employees insurable under this policy:
1. if he is under age 63; and
2. he is employed for at least 10 hours each
week.
Eligibilty commences after the employee
completes 2 calendar years of employment. In
each of the 2 calendar years of employment, he
must have earned at least 35% of the Year's
Maximum Pensionable Earnings (YMPE) under
the Canada Pension Plan.
Insuring Provisions - LTD C 1
165993 60
�1T:7P► 1C1 J:ZsIVI 61 Is] i• E'?
- continuous employment An employee is considered continuously
employed only if he satisfies the actively at work
requirement throughout the eligibility waiting
period.
- eligibility limitation An employee is only eligible for the benefits
provided for his class in the Table of Benefits.
MR
165993
61
INSURING PROVISIONS
EFFECTIVE DATE OF Insurance takes effect on the following dates,
INSURANCE subject to the actively at work requirement.
Insurance that is applied for before the
employee becomes eligible takes effect on
the date he becomes eligible.
2. Insurance that is applied for within 31 days
after the date the employee becomes
eligible takes effect on the date he applies.
3. Insurance that is applied for more than 31
days after the date the employee becomes
eligible is subject to the underwriting
provision and takes effect on the date of
written approval.
Changes in Insurance Changes in insurance take effect as they occur,
except that:
all increases are subject to the actively at
work requirement.
2. no change will take effect during a disability
period.
Actively at Work Requirement To satisfy this requirement, an employee must:
be fully capable of performing his regular
duties; and
2. be either:
(a) actually working at the employer's
place of business or a place where
the employer's business requires him
to work; or
(b) absent due to vacation, weekends,
statutory holidays, or shift variances.
Insuring Provisions - LTD C 3
165993 62
INSURING PROVISIONS
Underwriting Provision |fonemployee wishes b)obtain insurance that ks
subject t0this provision, hamust apply for dand
supply the information Great -West Life requests.
Great -West Life will then assess the information
according toits underwriting rules. The
application will baapproved ifitmeets
underwriting standards.
- substandard offer |fthe employee's application for insurance isnot
approved, Great -West Life may offer toprovide
insurance on a restricted basis.
165993
INSURING PROVISIONS
TERMINATION OF AN
EMPLOYEE'SINSURANCE
- for a disabling disease or
injury
- for a non -disabling disease or
injury
Insuring Provisions - LTD
An employee's insurance terminates on the
earliest of the following dates:
1. the date this policy terminates;
2. the due date of the first premium to which
he has not made a required contribution;
3. the date he ceases to be in an eligible
class;
4. the date he ceases to be an insurable
employee;
5. the date he ceases to satisfy the actively at
work requirement. If he is not at work
because of disease or injury, temporary
lay-off, or leave of absence, this date will
be extended to the earliest of:
(a) the date the employer stops paying
premiums or otherwise determines
that insurance has terminated. This
date must be determined on the
same basis for all employees in like
circumstances.
(b) the date he starts to work in another
job more than 20 hours per week,
except in an approved rehabilitation
plan.
(c) the date he first ceases to be eligible
for income benefits.
165993 64
(d) for disease or injury for which he
does not qualify for income benefits,
31 days after the number of days of
the waiting period.
C5
INSURING PROVISIONS
- for lay-off or leave of absence (e) for temporary lay-off or leave of
other than maternity or absence other than maternity or
parental leave parental leave, 6 months after the
lay-off or leave starts, plus any
further period the employer is
required by law to extend insurance.
- for maternity or parental leave (f) for maternity or parental leave, the
end of the leave.
REINSTATEMENT OF AN If an employee's insurance terminates because of
EMPLOYEE'S INSURANCE disease or injury, leave of absence, or temporary
lay-off, it will be automatically reinstated on the
date he returns to work.
If an employee does not qualify for automatic
reinstatement, he will be treated as a new
employee unless the insurance terminated
because he stopped making required premium
contributions. If it did, reinstatement is subject to
the underwriting provision.
Insuring Provisions - LTD C 6
165993
65
BENEFIT PROVISIONS
ASSESSMENT Great -West Life has full responsibility for the
RESPONSIBILITY assessment of a person's entitlement to benefits.
DISABILITY The benefits under this policy are for disability
periods that start while a person is insured.
During the Initial Assessment During the initial assessment period shown in the
Period Table of Benefits, a person is considered
disabled if:
1. disease or injury prevents him from
performing the essential duties of his
regular occupation; and
2. except for any employment under an
approved rehabilitation plan, he is not
employed in any occupation that is
providing him with income equal to or
greater than the income benefit available
under this plan, as shown in the Table of
Benefits.
After the Initial Assessment After the initial assessment period, a person is
Period considered disabled if disease or injury prevents
him from being gainfully employed.
- gainful employment Gainful employment means work:
1. a person is medically able to perform;
2. for which he has at least the minimum
qualifications;
3. that provides income of at least 50% of his
monthly earnings; and
4. that exists either in the province or territory
where he worked when he became
disabled or where he currently lives.
The availability of work will not be considered in
assessing disability.
Benefit Provisions - LTD D 1
165993 66
BENEFIT PROVISIONS
Loss of License Loss ofany license required for work will not bn
considered in assessing disability.
165993
67
BENEFIT PROVISIONS
DISABILITY PERIOD A disability period is:
1. the waiting period; plus
2. the benefit period.
WAITING PERIOD The waiting period starts when the person first
becomes disabled and lasts, if disability is
continuous, for the number of days shown in the
Table of Benefits.
If disability is not continuous, the days the person
is disabled will be accumulated to satisfy the
waiting period as long as:
1. no interruption is longer than 2 weeks; and
2. the disabilities arise from the same disease
or injury.
Benefit Provisions - LTD
165993 68
Few
BENEFIT PERIOD A benefit period is:
1. the period of time after the waiting period
during which the person is continuously
disabled; plus
2. if the disability is not continuous, any period
of time during which the disability is
considered to be a recurrence.
A benefit period will not continue past a person's
65th birthday.
RECURRENCE After the waiting period, a disability is considered
a recurrence if it arises from the same disease or
injury and starts:
165993
1. within 6 months after the previous disability
ends; or
2. within 6 months after the end of an
approved rehabilitation plan.
x:1'1
M
BENEFIT PROVISIONS
INCOME BENEFITS A disabled person is entitled to income benefits
after the waiting period ends and for as long as
the benefit period lasts. No income benefits are
payable for the waiting period itself.
Amount Payable The amount payable is the income benefit shown
in the Table of Benefits less the reductions, if
any, required under the offset and all source
maximum provisions. The income benefit is
payable to the disabled person monthly in
arrears. One thirtieth of the income benefit is
payable for each day of any period less than a full
month.
At Great -West Life's discretion, the income
benefit may be paid more frequently than
monthly, on a pro -rated basis.
- other income The income used in the offset and all source
maximum provisions is the income payable for
the same period as the income benefit under this
policy.
Except for retirement benefits, all income is
considered payable when a person is entitled to
it, whether or not it has been awarded or
received. If it has not been awarded, Great -West
Life will have the right to estimate it according to
the terms of any plans or legislation involved.
Retirement benefits are considered payable when
they are actually received.
If income is payable in a lump sum, the amount
used will be the portion payable for loss of
income during the benefit period.
- special treatment of taxable Before the amount payable is calculated, taxable
income income will be reduced by the deductions
specified under this plan's take-home pay
definition. This does not apply to Canada
Pension Plan or Quebec Pension Plan benefits or
to benefits from a similar plan in another country
which has a reciprocal agreement with Canada or
Quebec.
Benefit Provisions - LTD D 5
165993 70
BENEFIT PROVISIONS
- monthly earnings Monthly earnings are 1/12 of annual earnings.
- take-home pay Take-home pay means the person's monthly
earnings less deductions for federal and
provincial income taxes, Canada and Quebec
Pension Plan contributions, and federal
Employment Insurance premiums.
Benefit Provisions - LT®
165993
71
I NXI
BENEFIT PROVISIONS
Offset Provision Under this provision, the person's income benefit
is reduced by the following income:
Disability or retirement benefits to which he
is entitled on his own behalf under:
(a) the Canada Pension Plan;
(b) the Quebec Pension Plan; or
(c) a similar plan in another country
which has a reciprocal agreement
with Canada or Quebec.
This does not include retirement
benefits that were payable for each
of the 12 months before a disability
period.
2. Benefits under any Workers' Compensation
Act or similar law except for:
(a) permanent partial disability awards
that were payable for each of the 12
months before a disability period;
and
(b) benefits related to employment with
another employer.
3. Employer sponsored short term disability or
sick leave benefits.
4. Loss of income benefits under an
automobile insurance plan, to the extent
permitted by law.
5. 50% of earnings received from an
approved rehabilitation plan.
Benefit Provisions - LTD
165993 72
Ah
I ANZ A- 11i-aZ017&1150ki[•�
All Source Maximum Provision Under this provision, the person's income benefit
is reduced if the total of the following income and
the income benefit exceeds the all source
maximum shown in the Table of Benefits. The
reduction is the amount by which this total
exceeds the all source maximum.
Benefit Provisions - LTD
165993
Loss of income benefits available through
legislation to which he or another member
of his family is entitled on the basis of his
disability, except for Employment Insurance
benefits and automobile insurance benefits.
2. The wage loss portion of any criminal injury
award, except for awards that included the
long term disability income benefits
available under this plan in the calculation
of the award.
3. Disability benefits under a plan of
insurance available through an association,
except for benefits that were payable for
each of the 12 months before a disability
period.
4. Employment income, disability benefits, or
retirement benefits related to any
employment, except for:
rKj
(a) disability benefits that are
prepayments of life insurance.
(b) benefits from retirement plans to
which an employer has not
contributed.
BENEFIT PROVISIONS
(c) any amount that is related to
employment other than with the
employer and that was payable for
each of the 12 months before a
disability period. All employment
income, disability benefits, and
retirement benefits resulting from the
same employment are considered
together in satisfying the 12 -month
condition as long as there is no
interruption from one to the other.
Waiting periods for disability benefits
do not count as interruptions.
(d) employer sponsored short term
disability or sick leave benefits.
(e) income from an approved
rehabilitation plan. This income is
considered under the offset and
rehabilitation incentive provisions.
Termination pay, severance benefits, and
any similar termination of employment
benefits, including any salary paid in lieu of
notice, are considered employment income
under this provision.
- commission income If income under this provision is payable on a
commission basis, the income used will not be
reduced by commission related expenses.
- disability income during If disability is a recurrence, employment related
recurrence disability benefits that become payable after the
disability period starts will be included under the
offset provision rather than under this all source
maximum provision.
r r•
165993 74
BENEFIT PROVISIONS
Rehabilitation Incentive Earnings received from an approved
Provision rehabilitation plan are not used to reduce a
person's income benefit unless 50% of those
earnings, his income from this policy, and the
income described under the offset and all source
maximum provisions would exceed 100% of his
take-home pay. If it does, his income benefit is
reduced by the amount in excess of 100%.
FMVT��MIII 4-1r * C
165993
75
BENEFIT PROVISIONS
INFLATION PROTECTION The following provisions provide inflation
protection.
Assessment In assessing a person's ability to be gainfully
employed, Great -West Life will multiply his
monthly earnings by the Consumer Price Index
factor.
Recalculation The amount payable will be recalculated for
inflation protection 1 year after the start of the
benefit period and annually after that. On those
dates:
the then current amount payable will be
multiplied by the Cost -of -Living Adjustment
factor; and
2. the following amounts will be multiplied by
the Consumer Price Index Factor:
(a) the all source maximum for purposes
of recalculating both the income
benefit and the amount payable; and
(b) the income limit under the
rehabilitation incentive provision.
Other Income When the amount payable is recalculated, cost -
of -living increases in the income described under
the offset and all source maximum provisions,
that take effect after the benefit period starts, are
not included as income subject to the offset, all
source maximum and rehabilitation incentive
provisions.
This provision does not apply to earnings
received from an approved rehabilitation plan.
165993 76
BENEFIT PROVISIONS
Consumer Price Index Factor The Consumer Price Index factor for an
assessment orrecalculation date iothe ratio of
the Consumer Price Index eeof3months before
that date, hothe Consumer Price Index oeof5
months before the start ofthe benefit period.
Changes tgthe Consumer |fthere iaechange inthe method ofcalculating
Price Index the Consumer Price Index:
1the Consumer Price Index will beused for
the period preceding the change; and
2. onappropriate measure ofinflation will bo
used for the period after the change.
Cost -of -Living Adjustment The Cost -of -Living Adjustment factor for a
Factor recalculation date is the lesser of:
1.' O1�ond
the ratio ofthe Consumer Price Index aeuf
3 months before that date, to the
Consumer Price Index anof15months
before that date.
Consumer Price Index The Consumer Price Index means the all -item
Consumer Price Index for Canada (not
seasonally adjusted).
Benefit Provisions - LTD D 12
165993
77
BENEFIT PROVISIONS
VOCATIONAL Vocational rehabilitation involves a work related
REHABILITATION activity or training strategy that:
1. is designed to facilitate a disabled person's
return to his job or other gainful
employment; and
2. is recommended or approved by Great -
West Life.
In considering whether to recommend or approve
a rehabilitation proposal, Great -West Life will
assess such factors as the expected duration of
disability, and the level of activity required to
facilitate the earliest possible return to work.
The goal of a rehabilitation plan must be:
1. to return the person to work in the same
job;
2. to return the person to work in a modified
job with the same employer; or
3. to return the person to work in a different
job that capitalizes on transferable skills.
Participation Commitment If a person does not participate or cooperate in a
rehabilitation plan that has been recommended or
approved by Great -West Life, he will no longer be
entitled to income benefits.
Time Commitment The duration of a rehabilitation plan must be
approved by Great -West Life. Once approved, a
person's benefit period is guaranteed for that
duration as long as he continues to participate
and cooperate in the plan.
Employment Income Employment income earned during a
rehabilitation period will be considered under the
offset and rehabilitation incentive provisions.
Benefit Provisions - LTD D 13
165993 78
Expense Benefit Reasonable expenses associated with a
rehabilitation plan, other than usual employment
expenses, may be paid for by Great -West Life at
its discretion.
Expenses claimed under this provision must be
pre -authorized by Great -West Life.
Limitation Vocational rehabilitation benefits are only
available while the person is entitled to income
benefits.
Benefit Provisions - LTD D 14
165993
79
BENEFIT PROVISIONS
MEDICAL COORDINATION Medical coordination is a program that:
1. is designed to provide cost effective, quality
care;
2. is designed to facilitate medical stability;
and
3. is recommended or approved by Great -
West Life.
In considering whether to recommend or approve
a medical coordination program, Great -West Life
will assess such factors as the expected duration
of disability, and the level of activity required to
facilitate medical stability.
A medical coordination program may include the
following services:
consultation with the disabled person,
members of the person's family, and the
attending physician to gain further
understanding of the treatment plan and its
goals.
2. comparison of the person's current
treatment plan with generally accepted
treatment standards for similar conditions
and, where suitable, follow up identified
alternatives with the attending physician.
3. referral to professionals, including
physician specialists, or facilities, for
diagnosis or treatment.
Participation Commitment If a person does not participate or cooperate in a
medical coordination program that has been
recommended or approved by Great -West Life,
he will no longer be entitled to income benefits.
Benefit Provisions - LTD D 15
165993 80
BENEFIT PROVISIONS
Expense Benefit Reasonable expenses associated with a medical
coordination program may be paid for by Great -
West Life at its discretion.
Expenses claimed under this provision must be
pre -authorized by Great -West Life.
No benefits will be paid for any portion of the
expense for which benefits are payable under a
government plan.
Limitations Medical coordination benefits are only available
while the person is entitled to income benefits.
Great -West Life will not cover medical
coordination services after the person has
returned to work, unless he is receiving
vocational rehabilitation benefits.
• a i
165993
E -11I
r
GENERAL LIMITATIONS
- pre-existing conditions
- reasonable and customary
treatment
Benefit Provisions - LTD
BENEFIT PROVISIONS
No benefits will be paid for:
disability arising from a disease or injury for
which the person obtained medical care
before he became insured. Medical care is
considered to be obtained when he
consults a doctor, uses medication on the
advice of a doctor, or receives other
medical services or supplies.
This exclusion does not apply if disability
starts after:
(a) he has been continuously insured for
1 year; or
(b) he has not had medical care for the
disease or injury for a continuous
period of 90 days ending on or after
the date his insurance took effect.
2. any period in which the person does not
participate or cooperate in a reasonable
and customary treatment program.
A reasonable and customary treatment
program is systematic treatment that:
(a) is performed or prescribed by a
legally licensed doctor of medicine;
and
(b) is of the nature and frequency
usually required for the condition
involved.
Where considered appropriate by Great -
West Life for the severity of the condition,
the treatment must be prescribed by and, if
appropriate, performed or supervised by a
certified specialist for the condition
involved.
165993
82
If substance abuse contributes to a
person's disability, his treatment program
must include participation in a recognized
substance withdrawal program.
JIM
BENEFIT PROVISIONS
- other disability benefits 3. any period after the person fails to
cooperate in applying for other disability
benefits, reapplying for such benefits, or
appealing decisions regarding such
benefits, where considered appropriate by
Great -West Life.
- rehabilitation plans 4. any period after the person fails to
participate or cooperate in a rehabilitation
plan that has been recommended or
approved by Great -West Life.
- medical coordination 5. any period after the person fails to
participate or cooperate in a medical
coordination program that has been
recommended or approved by Great -West
Life.
- medical/vocational 6. any period after the person fails to
assessments participate or cooperate in a medical or
vocational assessment required by Great -
West Life.
- leave of absence 7. the scheduled duration of a leave of
absence. A leave of absence is considered
to start on the date agreed upon by the
employee and the employer.
This exclusion does not apply to any
portion of a period of maternity leave during
which the person is disabled as a result of
pregnancy. If a child is born before a
period of maternity leave is scheduled to
start, the leave is considered to start on the
date of birth.
- absence from Canada 8. any period in which the person is outside
Canada. This exclusion does not apply
during the first 30 days of an absence, or if
Great -West Life pre -authorized the
absence prior to the person's departure.
Benefit Provisions - LTD D 18
165993
83
BENEFIT PROVISIONS
- incarceration, confinement, 9. any period of incarceration, confinement, or
imprisonment imprisonment by authority of law.
- war, insurrection, riots 10. disability arising from war, insurrection or
voluntary participation in a riot.
Provisions •
165993 84
CLAIM PROVISIONS
NOTICE OF CLAIM To permit prompt assessment, initial notice of
claim should be submitted to Great -West Life no
later than 10 days after disability starts.
Great -West Life will not be liable for claims for
which initial notice is submitted more than 3
months after the earlier of:
the end of the waiting period; and
the date this policy terminates.
PROOF OF CLAIM Benefits under this policy will only be payable for
periods for which Great -West Life has received
satisfactory proof that the person is entitled to
benefits.
The claimant must provide information required to
prove his entitlement to benefits and must also
authorize Great -West Life to obtain information
from other sources for this purpose. Whenever
Great -West Life requests information or
authorization, it must be submitted within 3
months. If it is not submitted within this time,
Great -West Life will not be liable for any further
benefits.
NOTICE OF ASSESSMENT Great -West Life will give the claimant a written
notice of assessment showing:
165993
1. whether or not benefits have been
approved;
2. whether or not further information is
required; and
3. if benefits have not been approved, the
reasons for denial and the procedures he
may follow to appeal.
E:16'7
Aff
CLAIM PROVISIONS
LEGAL ACTIONS Every action or proceeding against an insurer for
the recovery of insurance money payable under
the contract is absolutely barred unless
commenced within the time set out in the
Insurance Act or other applicable legislation (e.g.
Limitations Act, 2002 in Ontario, Quebec Civil
Code).
OVERPAYMENT If benefits are paid that were not payable under
this policy, the employee is responsible for
repayment within 30 days of Great -West Life
sending him a notice of overpayment, or within a
longer period if agreed to in writing by Great -
West Life. If he fails to fulfill this responsibility, no
further benefits are payable under this policy until
the overpayment is recovered. This does not
limit Great -West Life's right to use other legal
means to recover the overpayment.
SUBROGATION AND RIGHT Where permitted by law, Great -West Life has full
OF RECOVERY rights of subrogation with respect to damages for
loss of income when responsibility for a person's
disability may be attributable to another party.
Great -West Life also has the right to recover from
the person any benefits paid under this policy for
loss of income for which he has been indemnified
by the other party. However, Great -West Life has
no obligation under this policy to exercise its
rights of recovery and subrogation.
BENEFICIARY An employee may make, alter or revoke a
designation of beneficiary as permitted by law.
Any designation of beneficiary the employee
made under the employer's previous policy prior
to the effective date of this policy does not apply
under this policy.
Claim Provisions - LTD
165993
86
E2
GENERAL PROVISIONS
CURRENCY All money payable under this policy will be in
Canadian funds.
FURNISHING OF Upon request, the Group Policyholder must
INFORMATION: ACCESS TO forward to Great -West Life:
RECORDS
1. required information on the eligibility of
employees;
2. employee applications;
3. details relating to changes in insurance;
and
4. information required for assessment of
claims, including job information.
Great -West Life has the right to inspect the
Group Policyholder's records relating to
employees' insurance. Inspections can take
place while this policy is in force and during the
first year after it terminates.
Great -West Life has the right to have
representatives visit an employee's worksite to
obtain information about his job.
All requests, notices, applications, and claims
must be made to Great -West Life in writing.
Great -West Life will not be liable for the Group
Policyholder's failure to supply required
information or records.
F1
165993
87
GENERAL PROVISIONS
MEDICAL AND VOCATIONAL Great -West Life has the right to conduct
ASSESSMENTS necessary investigations relating to applications
or claims, and to obtain independent medical or
vocational assessments if required. Great -West
Life must also be given the opportunity to
examine the person for whom an application or
claim is made as often as it may reasonably
require during the course of an investigation or
assessment.
Great -West Life will not assume the cost of
assessment or investigation in connection with a
late application. Great -West Life may assume
the cost of other assessments or investigations
according to its administrative practices at the
time of application or claim.
MISSTATEMENT OF AGE Great -West Life may request proof of a person's
age at any time. If his age has been misstated,
entitlement to insurance and benefits will be
determined according to his true age.
If premiums have been underpaid for a person's
true age, a retroactive adjustment must be paid
by the Group Policyholder before any benefits will
be paid or continued.
If premiums have been overpaid for a person's
true age, Great -West Life will pay or credit a
retroactive adjustment to the Group Policyholder.
General Provisions - LTD F 2
165993
88
GENERAL PROVISIONS
DISCLOSURE PROVISIONS 1. This policy will be available through the
Group Policyholder for review by
employees. Great -West Life, at its
discretion, may release a copy of this policy
in order to settle claims.
165993
2. If asked to do so within 2 years after
notification of a decision concerning
insurance or benefits, Great -West Life will
disclose to the employee the name of each
person or organization that provided
information concerning his application or
claim.
3. If an employee submits written
authorization from a person or organization
that provided medical information, Great -
West Life will disclose the information to
the employee or, at Great -West Life's
discretion, to the employee's doctor.
4. Great -West Life may, without specific
authorization, disclose information about a
person's claim to another insurer or
benefits administrator if:
E-lue
(a) the information could be relevant to
assessment of the claimant's
entitlement to other disability benefits
for the same period of time; and
(b) the information is given in confidence
with the stipulation that it may not be
released to another party.
F3
GENERAL PROVISIONS
APPEALS A person has the right to appeal a denial of all or
part of the insurance or benefits described in this
policy as long as he does so within one year of
the initial denial of the insurance or a benefit. An
appeal must be in writing and must include the
person's reasons for believing the denial to be
incorrect.
CONFORMITY TO If this policy does not conform to legislation that
LEGISLATION governs it, it is considered automatically
amended to comply with the minimum
requirements of that legislation.
NON -PARTICIPATING This is a non -participating policy.
GENDER The words he, him and his refer to both genders.
General Provisions - LTD F 4
165993
90
GENERAL PROVISIONS
ANNUAL EARNINGS Annual earnings is the current annual salary paid
by the employer, excluding overtime and
bonuses. For benefit calculations and in
assessing a person's ability to be gainfully
employed, annual earnings will be those in effect
at the start of the disability period.
- hourly -paid employees If an hourly -paid employee's hours vary, his
earnings are calculated using the average
number of hours worked in the last 12 months
and the current hourly rate of pay. If he has
worked less than 12 months for the employer, the
hours are averaged over the period of
employment.
- earnings limitation If there is a difference between the actual annual
earnings and those reported by the employer for
premium purposes, the lesser of the 2 amounts
will be considered the annual earnings amount
under this policy.
This limitation will not apply in assessing a
person's ability to be gainfully employed.
General Provisions - LTD
165993
91
W
PREMIUM PROVISIONS
PAYMENT The first premium is due on the effective date of
this policy. After that, premiums are due on the
first day of each month. Premiums must be paid
by the Group Policyholder at Great -West Life's
Head Office. Premiums not paid on time will be
in default.
GRACE PERIOD After the first premium has been paid, 31 days of
grace are allowed to pay a premium in default.
During this time the policy will stay in force. If the
premium is not paid by the end of the days of
grace this policy will terminate. The Group
Policyholder is liable for a pro rata premium for
the time this policy is in force during the grace
period and for all other unpaid premiums.
CALCULATION: PREMIUM The amount of each premium is the sum of the
RATE premiums for each insured employee calculated
at the rate last set by Great -West Life.
- waiver of premium No premium is payable for an employee during a
benefit period.
- premium payment not a Payment of premium will not cause insurance to
guarantee of coverage take effect or continue if it would not do so
according to this policy's insuring provisions.
ADJUSTMENTS The premium will be adjusted retroactively to
reflect changes in insurance amounts. Credits
will be given only for the 4 months preceding
receipt of notice.
W
165993
92
PREMIUM PROVISIONS
RATE CHANGES
- renewal changes Great -West Life can change the premium rates
on May 1, 2014 or on the first day of any month
after that. Written notice will be sent to the Group
Policyholder before a change is made. Once a
change is made, Great -West Life cannot make
another renewal change for 12 months or such
other period as may be agreed to by the Group
Policyholder.
- other changes A rate change can be made at any time if:
r
165993
the policy provisions are changed at the
request of the Group Policyholder.
2. the introduction, revision, or repeal of a
government law or regulation results in a
change in:
(a) the benefits payable under this
policy; or
(b) taxes payable to a government
authority.
3. there is a change in the number of
employees insured under this policy that
exceeds 25% since the last renewal
change.
019]
Em
TERMINATION OF THE The Group Policyholder may terminate this policy
POLICY by giving written notice to Great -West Life.
Termination by the Group Policyholder will take
effect on the later of:
1. the date of termination stated in the written
notice; and
2. the date Great -West Life receives the
written notice.
Great -West Life may terminate this policy at any
renewal date by giving written notice of
termination to the Group Policyholder at least 31
days in advance.
This policy will automatically terminate if a
premium in default is not paid by the end of the
grace period for that premium.
Policy Termination - LTD H 1
165993
94
TRANSFER PROVISIONS
Transfer of Insurance The following provisions apply when insurance
for any class of employees under this policy takes
effect during the 31 days after coverage ends for
that class under another group long term
disability income insurance policy.
Transfer Provisions - LTD
165993
Any person who was covered in the
terminating class under the other policy
when insurance for that class ended will be
insured on the effective date of insurance
for that class under this policy, as long as
he is then an insurable employee.
2. Any person whose insurance has not been
interrupted will be entitled to benefits under
this policy for a pre-existing condition if:
(a) no benefits are payable for that
condition under the other policy
because of termination of insurance
for the employee's class under that
policy; but
(b) benefits would have been payable
under the other policy if insurance for
the terminating class had remained
in force.
3. No benefits are payable under this policy
for a disability period that is covered as a
recurrence under a previous policy.
OR
11
M", 1 _ ► ' i
Transfer of Claims If the Group Policyholder transfers responsibility
for the continuing assessment of existing claims:
Transfer Provisions - LTD
165993
to Great -West Life, Great -West Life has the
right, without the claimant's authorization,
to obtain claim records from the previous
insurer or benefits administrator.
2. from Great -West Life, Great -West Life has
the right, without the claimant's
authorization, to disclose claim information
to the party assuming responsibility for
existing claims.
12
(D The Great -West Life Assurance Company. This PDF version
of the policy, together with any amendments that may not be
included with this PDF, constitutes the official version of the
policy. This document is wri te-p rote cted. No additions,
deletions, or modifications may be made to this document.
Security permissions allow electronic signatures.
AN
rxe Life ASSURANCE COMPANY
Attached bzand forming part ufGroup Policy No. 1O59S3GHAissued to
THE CITY OF SAINT JOHN
This policy has been amended effective January 1, 2015 in respect of the following
provisions:
TABLE OFBENEFITS
BENEFIT PROVISIONS
Revision Instructions
Deleted Pages Replacement Pages
(i) (iii) /i\/i0Lkan.O1.15\
B-TB1 B-TB1 (Jan.0115)
D5-17 O5-17(Jon.O115)
[]18-19 -
Signed at The Great -West Life Assurance Company, Winnipeg, Manitoba, on
January 10.2O17
Pnesidantond
Chief Executive Officer
Accepted and attached tothis policy on
165993
President and
Chief Operating Officer, Canada
Signature
GROUP lflSURAOCC POLICY
GROUP POLICYHOLDER: THE CITY OF SAINT JOHN
GROUP POLICY NO.:
EFFECTIVE DATE:
165993GHA
January 1, 2013
INSURANCE PROVIDED: Disability Income Insurance
roe Groat -West
0���m� ^s�vn�mcecomp^w,
APPLICATION FOR GROUP POLICY
(the Applicant) applies to The Great -West Life Assurance Company for Group Policy
No. 1059Q3GHAinthe attached form. The Applicant has approved this Group Policy and
has accepted its terms.
Dated at this day of
THE CITY OF SAINT JOHN
Witness
Agent or Consultant of Record
TABLE OF CONTENTS
AGREEMENT Al
TABLE OF BENEFITS B -TB 1
INSURING PROVISIONS
Employer
C1
Insurance Clause
{}1
Insurable Employee
C1
Effective Date ofInsurance
C3
Changes inInsurance
C3
Actively at Work Requirement
C 3
Underwriting Provision
C4
Termination ofanEmployee's Insurance
C5
Reinstatement ofanEmployee's Insurance
C8
BENEFIT PROVISIONS
Assessment Responsibility
D1
Disability
D 1
During the Initial Assessment Period
O 1
After the inUUo| Assessment Period
D 1
Loss ufLicense
D2
Disability Period
O3
Waiting Period
[}3
Benefit Period
[}4
Recurrence
[>4
Income Benefits
O5
Amount Payable
[J5
Offset Provision
D 0
Rehabilitation Incentive Provision
D8
LTD (i)
0an.01j6\
165893
101
Inflation Protection
D9
Aaaeaonnerd
C)S
Recalculation
[} 0
Other Income
O9
Consumer Price Index Factor
O9
Changes tothe Consumer Price Index
O9
Cost-of-LivingAdjustment Factor
[]10
Consumer Price Index
C)10
Vocational Rehabilitation
[)11
Participation Commitment
D 11
Time Commitment
O11
Employment Income
O11
Expense Benefit
[)12
Limitation
[) 12
Medical Coordination
[)13
Participation Commitment
D13
Expense Benefit
D14
L|noitoUnnn
O 14
General Limitations
[] 15
CLAIM PROVISIONS
Notice of Claim
E1
Proof ofClaim
E 1
Notice ofAssessment
E1
Legal Actions
E2
Overpayment
E2
Subrogation and Right ofRecovery
E2
Beneficiary
E2
GENERAL PROVISIONS
Currency
F1
Furnishing ofInformation: Access toRecords
F1
Medical and Vocational Assessments
F2
Misstatement ofAge
F2
Oioo|oaur* Provisions
F 3
Appeals
F4
Conformity to Legislation
F4
Non -Participating
F4
Gender
F4
Annual Earnings
F5
LTD (ii)
(Jom.01'15)
165993
PREMIUM PROVISIONS
Payment
Grace Period
Calculation: Premium Rate
Adjustments
Rate Changes
III MIN 6 111,! 1—.,% 111501,11111561;h H11:11111061 I
TRANSFER PROVISIONS
Transfer of Insurance
Transfer of Claims
mow
165993 103
G1
G1
G1
G1
G2
H1
11
12
(iii)
(Jan.01.15)
AGREEMENT Great -West Life agrees to pay the benefits provided by this
policy to the persons entitled to receive them. This
agreement is made in consideration of the Group
Policyholder's payment of the required premiums.
This policy takes effect at 12:01 a.m. on the Effective Date,
local time at the Group Policyholder's address.
The following pages and any riders or amendments are a
part of this policy.
Signed at The Great -West Life Assurance Company, Winnipeg, Manitoba
911t,ez1--
President
and
Chief Executive Officer
Mug
165993
104
President and
Chief Operating Officer, Canada
Ex
TABLE OF BENEFITS
This table must be read in conjunction with the rest of this policy.
ELIGIBLE CLASSES: All employees
WAITING
• 180 calendar dag
INITIAL
ASSESSMENT PERIOD: the waiting period plus the next 24 months of
disability
SUBSEQUENT
ASSESSMENT LEVEL: 50%
BENEFIT FORMULA: 70% of monthly earnings
INCOME BENEFIT: the amount derived from the benefit formula. The
maximum income benefit is $10,000.
COST -OF -LIVING
PERCENTAGE: 1%
TAX STATUS: taxable
LTD B -TB 1
(Jan.01.15)
165993 105
EMPLOYER Employer means the Group Policyholder.
INSURANCE CLAUSE To become insured under this policy a person
1. beemployed bvthe employer;
2. baoninsurable employee;
3. be in aneligible class;
4. satisfy the eligibility oonditiono and
5. satisfy the effective date of insurance
provisions.
INSURABLE EMPLOYEE
' permanent and full-time Apermanent and full-time employee becomes
enop|uyeae insurable under this po|iny, subject to certain
1. ifheiounder age 03;and
2. heieemployed for otleast 32.5hours each
week.
Eligibility commences on the date of the
employee's full-time employment.
Apermanent and full-time employee isnot
insurable under this policy ifheinemployed ona
seasonal orcasual basis.
- permanent and part-time Apermanent and part-time employee becomes
employees insurable under this policy:
1. ifheisunder age O3;and
2. hainemployed for otleast 10hours each
week.
Bigibihvcommences after the employee
completes 2calendar years ofemployment. In
each ofthe 2calendar years ofemployment, hn
must have earned otleast 3596ofthe Year's
Maximum Pensionable Earnings (YW1PE)under
the Canada Pension Plan.
Insuring Provisions -LTD C1
165993
INSURING PROVISIONS
- continuous employment An employee is considered continuously
employed only if he satisfies the actively at work
requirement throughout the eligibility waiting
period.
- eligibility limitation An employee is only eligible for the benefits
provided for his class in the Table of Benefits.
Insuring Provisions - LTD C 2
165993
107
INSURING PROVISIONS
EFFECTIVE DATE OF Insurance takes effect on the following dates,
INSURANCE subject to the actively at work requirement.
1. Insurance that is applied for before the
employee becomes eligible takes effect on
the date he becomes eligible.
2. Insurance that is applied for within 31 days
after the date the employee becomes
eligible takes effect on the date he applies.
3. Insurance that is applied for more than 31
days after the date the employee becomes
eligible is subject to the underwriting
provision and takes effect on the date of
written approval.
Changes in Insurance Changes in insurance take effect as they occur,
except that:
1. all increases are subject to the actively at
work requirement.
2. no change will take effect during a disability
period.
Actively at Work Requirement To satisfy this requirement, an employee must:
1. be fully capable of performing his regular
duties; and
2. be either:
(a) actually working at the employer's
place of business or a place where
the employer's business requires him
to work; or
(b) absent due to vacation, weekends,
statutory holidays, or shift variances.
Insuring Provisions - LTD C 3
165993
108
INSURING PROVISIONS
Underwriting Provision If an employee wishes to obtain insurance that is
subject to this provision, he must apply for it and
supply the information Great -West Life requests.
Great -West Life will then assess the information
according to its underwriting rules. The
application will be approved if it meets
underwriting standards.
- substandard offer If the employee's application for insurance is not
approved, Great -West Life may offer to provide
insurance on a restricted basis.
Insuring Provisions - LTD
165993
109
C4
INSURING PROVISIONS
TERMINATION OF AN
EMPLOYEE'S INSURANCE
- for a disabling disease or
injury
- for a non -disabling disease or
injury
Insuring Provisions - LTD
165993
An employee's insurance terminates on the
earliest of the following dates:
1. the date this policy terminates;
2. the due date of the first premium to which
he has not made a required contribution;
3. the date he ceases to be in an eligible
class;
4. the date he ceases to be an insurable
employee;
5. the date he ceases to satisfy the actively at
work requirement. If he is not at work
because of disease or injury, temporary
lay-off, or leave of absence, this date will
be extended to the earliest of:
`sK
(a) the date the employer stops paying
premiums or otherwise determines
that insurance has terminated. This
date must be determined on the
same basis for all employees in like
circumstances.
(b) the date he starts to work in another
job more than 20 hours per week,
except in an approved rehabilitation
plan.
(c) the date he first ceases to be eligible
for income benefits.
(d) for disease or injury for which he
does not qualify for income benefits,
31 days after the number of days of
the waiting period.
INSURING PROVISIONS
- for lay-off or leave of absence (e) for temporary lay-off or leave of
other than maternity or absence other than maternity or
parental leave parental leave, 6 months after the
lay-off or leave starts, plus any
further period the employer is
required by law to extend insurance.
- for maternity or parental leave (f) for maternity or parental leave, the
end of the leave.
REINSTATEMENT OF AN If an employee's insurance terminates because of
EMPLOYEE'S INSURANCE disease or injury, leave of absence, or temporary
lay-off, it will be automatically reinstated on the
date he returns to work.
If an employee does not qualify for automatic
reinstatement, he will be treated as a new
employee unless the insurance terminated
because he stopped making required premium
contributions. If it did, reinstatement is subject to
the underwriting provision.
Insuring Provisions - LTD C 6
165993
111
l 74 l#;111:2CZ0-IT6-1 161LI K
ASSESSMENT Great -West Life has full responsibility for the
RESPONSIBILITY assessment of a person's entitlement to benefits.
DISABILITY The benefits under this policy are for disability
periods that start while a person is insured.
During the Initial Assessment During the initial assessment period shown in the
Period Table of Benefits, a person is considered
disabled if:
disease or injury prevents him from
performing the essential duties of his
regular occupation; and
2. except for any employment under an
approved rehabilitation plan, he is not
employed in any occupation that is
providing him with income equal to or
greater than the income benefit available
under this plan, as shown in the Table of
Benefits.
After the Initial Assessment After the initial assessment period, a person is
Period considered disabled if disease or injury prevents
him from being gainfully employed.
- gainful employment Gainful employment means work:
1. a person is medically able to perform;
2. for which he has at least the minimum
qualifications;
3. that provides income of at least 50% of his
monthly earnings; and
4. that exists either in the province or territory
where he worked when he became
disabled or where he currently lives.
The availability of work will not be considered in
assessing disability.
Benefit Provisions - LTD D 1
165993
112
BENEFIT PROVISIONS
Loss of License Loss of any license required for work will not be
considered in assessing disability.
Benefit Provisions - LTD
165993
113
m
BENEFIT PROVISIONS
DISABILITY PERIOD Adisability period is:
1. the waiting period; plus
2. the benefit period.
WAITING PERIOD The waiting period starts when the person first
becomes disabled and |onta, if disability is
continuous, for the number ofdays shown inthe
l[ob|e of Benefits.
|fdisability ionot continuous, the days the person
is disabled will be accumulated to satisfy the
waiting period aolong as:
nointerruption islonger than 2weeks; and
the disabilities arise from the same disease
or injury.
Benefitproaisimns-LTD
165993
• •,
BENEFIT PERIOD A benefit period is:
1. the period of time after the waiting period
during which the person is continuously
disabled; plus
2. if the disability is not continuous, any period
of time during which the disability is
considered to be a recurrence.
A benefit period will not continue past a person's
65th birthday.
RECURRENCE After the waiting period, a disability is considered
a recurrence if it arises from the same disease or
injury and starts:
1. within 6 months after the previous disability
ends; or
2. within 6 months after the end of an
approved rehabilitation plan.
Benefit Provisions - LTD
165993
115
W1
.►O 57M
INCOME BENEFITS A disabled person is entitled to income benefits
after the waiting period ends and for as long as
the benefit period lasts. No income benefits are
payable for the waiting period itself.
Amount Payable The amount payable is the income benefit shown
in the Table of Benefits less the reduction, if any,
required under the offset provision. The income
benefit is payable to the disabled person monthly
in arrears. One thirtieth of the income benefit is
payable for each day of any period less than a full
month.
At Great -West Life's discretion, the income
benefit may be paid more frequently than
monthly, on a pro -rated basis.
- other income The income used in the offset provision is the
income payable for the same period as the
income benefit under this policy.
Except for retirement benefits, all income is
considered payable when a person is entitled to
it, whether or not it has been awarded or
received. If it has not been awarded, Great -West
Life will have the right to estimate it according to
the terms of any plans or legislation involved.
Retirement benefits are considered payable when
they are actually received.
If income is payable in a lump sum, the amount
used will be the portion payable for loss of
income during the benefit period.
- monthly earnings Monthly earnings are 1/12 of annual earnings.
Benefit Provisions - LTD D 5
(Jan.01.15)
165993
116
Offset Provision Under this provision, the person's income benefit
is reduced by the following income:
Benefit Provisions - LTD
165993
Disability benefits to which he or another
member of his family is entitled on the
basis of his disability under:
(a) the Canada Pension Plan;
(b) the Quebec Pension Plan; or
(c) a similar plan in another country
which has a reciprocal agreement
with Canada or Quebec.
Benefits payable directly to another family
member are not included.
2. Retirement benefits to which he is entitled
on his own behalf under:
(a) the Canada Pension Plan;
(b) the Quebec Pension Plan; or
(c) a similar plan in another country
which has a reciprocal agreement
with Canada or Quebec.
This does not include benefits that
were payable for each of the 12
months before a disability period.
3. Benefits under any Workers' Compensation
Act or similar law except for:
(a) permanent partial disability awards
that were payable for each of the 12
months before a disability period;
and
(b) benefits related to employment with
another employer.
4. Loss of income benefits under an
automobile insurance plan, to the extent
permitted by law.
D6
(Jan.01.15)
Benefit Provisions - LTD
165993
BENEFIT PROVISIONS
5. Loss of income benefits available through
legislation to which he or another member
of his family is entitled on the basis of his
disability, except for Employment Insurance
benefits and automobile insurance benefits.
6. The wage loss portion of any criminal injury
award, except for awards that included the
long term disability income benefits
available under this plan in the calculation
of the award.
7. Disability benefits under a plan of
insurance available through an association,
except for benefits that were payable for
each of the 12 months before a disability
period.
8. Employment income, disability benefits, or
retirement benefits related to any
employment, except for:
`MF:3
(a) disability benefits that are
prepayments of life insurance.
(b) benefits from retirement plans to
which an employer has not
contributed.
(c) any amount that is related to
employment other than with the
employer and that was payable for
each of the 12 months before a
disability period. All employment
income, disability benefits, and
retirement benefits resulting from the
same employment are considered
together in satisfying the 12 -month
condition as long as there is no
interruption from one to the other.
Waiting periods for disability benefits
do not count as interruptions.
D7
(Jan.01.15)
:14ilk IMyIi=161TJ MM N1
(d) 50% of earnings received from an
approved rehabilitation plan. This
amount is considered under the
rehabilitation incentive provision.
Termination pay, severance benefits, and
any similar termination of employment
benefits, including any salary paid in lieu of
notice, are considered employment income
under this provision.
- commission income If income under this provision is payable on a
commission basis, the income used will not be
reduced by commission related expenses.
Rehabilitation Incentive Earnings received from an approved
Provision rehabilitation plan are not used to reduce a
person's income benefit unless 50% of those
earnings, his income from this policy, and the
income described under the offset provision
would exceed 100% of his monthly earnings. If it
does, his income benefit is reduced by the
amount in excess of 100%.
Benefit Provisions - LTD D 8
(Jan.01.15)
165993
119
BENEFIT PROVISIONS
INFLATION PROTECTION The following provisions provide inflation
protection.
Assessment In assessing a person's ability to be gainfully
employed, Great -West Life will multiply his
monthly earnings by the Consumer Price Index
factor.
Recalculation The amount payable will be recalculated for
inflation protection 1 year after the start of the
benefit period and annually after that. On those
dates:
the then current amount payable will be
multiplied by the Cost -of -Living Adjustment
factor; and
2. the income limit under the rehabilitation
incentive provision will be multiplied by the
Consumer Price Index factor.
Other Income When the amount payable is recalculated, cost -
of -living increases in the income described under
the offset provision, that take effect after the
benefit period starts, are not included as income
subject to the offset and rehabilitation incentive
provisions.
This provision does not apply to earnings
received from an approved rehabilitation plan.
Consumer Price Index Factor The Consumer Price Index factor for an
assessment or recalculation date is the ratio of
the Consumer Price Index as of 3 months before
that date, to the Consumer Price Index as of 3
months before the start of the benefit period.
Benefit Provisions - LTD D 9
(Jan.01.15)
165993
120
BENEFIT PROVISIONS
Changes to the Consumer If there is a change in the method of calculating
Price Index the Consumer Price Index:
1. the Consumer Price Index will be used for
the period preceding the change; and
2. an appropriate measure of inflation will be
used for the period after the change.
Cost -of -Living Adjustment The Cost -of -Living Adjustment factor for a
Factor recalculation date is the lesser of:
1. 1.01; and
2. the ratio of the Consumer Price Index as of
3 months before that date, to the
Consumer Price Index as of 15 months
before that date.
Consumer Price Index The Consumer Price Index means the all -item
Consumer Price Index for Canada (not
seasonally adjusted).
Benefit Provisions - LTD D10
(,Jan.01.15)
165993
121
BENEFIT PROVISIONS
VOCATIONAL Vocational rehabilitation involves a work related
REHABILITATION activity or training strategy that:
1. is designed to facilitate a disabled person's
return to his job or other gainful
employment; and
2. is recommended or approved by Great -
West Life.
In considering whether to recommend or approve
a rehabilitation proposal, Great -West Life will
assess such factors as the expected duration of
disability, and the level of activity required to
facilitate the earliest possible return to work.
The goal of a rehabilitation plan must be:
1. to return the person to work in the same
job;
2. to return the person to work in a modified
job with the same employer; or
3. to return the person to work in a different
job that capitalizes on transferable skills.
Participation Commitment If a person does not participate or cooperate in a
rehabilitation plan that has been recommended or
approved by Great -West Life, he will no longer be
entitled to income benefits.
Time Commitment The duration of a rehabilitation plan must be
approved by Great -West Life. Once approved, a
person's benefit period is guaranteed for that
duration as long as he continues to participate
and cooperate in the plan.
Employment Income Employment income earned during a
rehabilitation period will be considered under the
offset and rehabilitation incentive provisions.
Benefit Provisions - LTD D 11
(Jan.01.15)
165993
`A
BENEFIT PROVISIONS
Expense Benefit Reasonable expenses associated with a
rehabilitation plan, other than usual employment
expenses, may be paid for by Great -West Life at
its discretion.
Expenses claimed under this provision must be
pre -authorized by Great -West Life.
Limitation Vocational rehabilitation benefits are only
available while the person is entitled to income
benefits.
Benefit Provisions - LTD
165993
123
D12
(Jan.01.15)
4+ -moo OU
MEDICAL COORDINATION Medical coordination is a program that:
1. is designed to provide cost effective, quality
care;
2. is designed to facilitate medical stability;
and
3. is recommended or approved by Great -
West Life.
In considering whether to recommend or approve
a medical coordination program, Great -West Life
will assess such factors as the expected duration
of disability, and the level of activity required to
facilitate medical stability.
A medical coordination program may include the
following services:
consultation with the disabled person,
members of the person's family, and the
attending physician to gain further
understanding of the treatment plan and its
goals.
2. comparison of the person's current
treatment plan with generally accepted
treatment standards for similar conditions
and, where suitable, follow up identified
alternatives with the attending physician.
3. referral to professionals, including
physician specialists, or facilities, for
diagnosis or treatment.
Participation Commitment If a person does not participate or cooperate in a
medical coordination program that has been
recommended or approved by Great -West Life,
he will no longer be entitled to income benefits.
Benefit Provisions - LTD D 13
(Jan.01.15)
165993
124
BENEFIT PROVISIONS
Expense Benefit Reasonable expenses associated with a medical
coordination program may be paid for by Great -
West Life at its discretion.
Expenses claimed under this provision must be
pre -authorized by Great -West Life.
No benefits will be paid for any portion of the
expense for which benefits are payable under a
government plan.
Limitations Medical coordination benefits are only available
while the person is entitled to income benefits.
Great -West Life will not cover medical
coordination services after the person has
returned to work, unless he is receiving
vocational rehabilitation benefits.
Benefit Provisions - LTD
165993
fiP491
D14
(Jan.01.15)
GENERAL LIMITATIONS
- pre-existing conditions
- reasonable and customary
treatment
Benefit Provisions - LTD
165993
FEN k `'4 O e k
No benefits will be paid for:
disability arising from a disease or injury for
which the person obtained medical care
before he became insured. Medical care is
considered to be obtained when he
consults a doctor, uses medication on the
advice of a doctor, or receives other
medical services or supplies.
This exclusion does not apply if disability
starts after:
(a) he has been continuously insured for
1 year; or
(b) he has not had medical care for the
disease or injury for a continuous
period of 90 days ending on or after
the date his insurance took effect.
2. any period in which the person does not
participate or cooperate in a reasonable
and customary treatment program.
`PU
A reasonable and customary treatment
program is systematic treatment that:
(a) is performed or prescribed by a
legally licensed doctor of medicine;
and
(b) is of the nature and frequency
usually required for the condition
involved.
Where considered appropriate by Great -
West Life for the severity of the condition,
the treatment must be prescribed by and, if
appropriate, performed or supervised by a
certified specialist for the condition
involved.
If substance abuse contributes to a
person's disability, his treatment program
must include participation in a recognized
substance withdrawal program.
D15
(Jan.01.15)
BENEFIT PROVISIONS
- other disability benefits 3. any period after the person fails to
cooperate in applying for other disability
benefits, reapplying for such benefits, or
appealing decisions regarding such
benefits, where considered appropriate by
Great -West Life.
- rehabilitation plans 4. any period after the person fails to
participate or cooperate in a rehabilitation
plan that has been recommended or
approved by Great -West Life.
- medical coordination 5. any period after the person fails to
participate or cooperate in a medical
coordination program that has been
recommended or approved by Great -West
Life.
- medical/vocational 6. any period after the person fails to
assessments participate or cooperate in a medical or
vocational assessment required by Great -
West Life.
- leave of absence 7. the scheduled duration of a leave of
absence. A leave of absence is considered
to start on the date agreed upon by the
employee and the employer.
This exclusion does not apply to any
portion of a period of maternity leave during
which the person is disabled as a result of
pregnancy. If a child is born before a
period of maternity leave is scheduled to
start, the leave is considered to start on the
date of birth.
- absence from Canada 8. any period in which the person is outside
Canada. This exclusion does not apply
during the first 30 days of an absence, or if
Great -West Life pre -authorized the
absence prior to the person's departure.
Benefit Provisions - LTD D 16
(Jan.01.15)
165993
127
BENEFIT PROVISIONS
incarceration, confinement, 9. any period of incarceration, confinement, or
imprisonment imprisonment by authority of law.
war, insurrection, riots 10. disability arising from war, insurrection or
voluntary participation in a riot.
Benefit Provisions - LTD D 17
(Jan.01.15)
165993
128
CLAIM PROVISIONS
NOTICE OF CLAIM To permit prompt assessment, initial notice of
claim should be submitted to Great -West Life no
later than 10 days after disability starts.
Great -West Life will not be liable for claims for
which initial notice is submitted more than 3
months after the earlier of:
the end of the waiting period; and
the date this policy terminates.
PROOF OF CLAIM Benefits under this policy will only be payable for
periods for which Great -West Life has received
satisfactory proof that the person is entitled to
benefits.
The claimant must provide information required to
prove his entitlement to benefits and must also
authorize Great -West Life to obtain information
from other sources for this purpose. Whenever
Great -West Life requests information or
authorization, it must be submitted within 3
months. If it is not submitted within this time,
Great -West Life will not be liable for any further
benefits.
NOTICE OF ASSESSMENT Great -West Life will give the claimant a written
notice of assessment showing:
Claim Provisions - LTD
165993
1. whether or not benefits have been
approved;
2. whether or not further information is
required; and
3. if benefits have not been approved, the
reasons for denial and the procedures he
may follow to appeal.
`P40.1
Chi
CLAIM PROVISIONS
LEGAL ACTIONS Every action or proceeding against an insurer for
the recovery of insurance money payable under
the contract is absolutely barred unless
commenced within the time set out in the
Insurance Act or other applicable legislation (e.g.
Limitations Act, 2002 in Ontario, Quebec Civil
Code).
OVERPAYMENT If benefits are paid that were not payable under
this policy, the employee is responsible for
repayment within 30 days of Great -West Life
sending him a notice of overpayment, or within a
longer period if agreed to in writing by Great -
West Life. If he fails to fulfill this responsibility, no
further benefits are payable under this policy until
the overpayment is recovered. This does not
limit Great -West Life's right to use other legal
means to recover the overpayment.
SUBROGATION AND RIGHT Where permitted by law, Great -West Life has full
OF RECOVERY rights of subrogation with respect to damages for
loss of income when responsibility for a person's
disability may be attributable to another party.
Great -West Life also has the right to recover from
the person any benefits paid under this policy for
loss of income for which he has been indemnified
by the other party. However, Great -West Life has
no obligation under this policy to exercise its
rights of recovery and subrogation.
BENEFICIARY An employee may make, alter or revoke a
designation of beneficiary as permitted by law.
Any designation of beneficiary the employee
made under the employer's previous policy prior
to the effective date of this policy does not apply
under this policy.
Claim Provisions - LTD
165993
130
AN
GENERAL PROVISIONS
CURRENCY All money payable under this policy will be in
Canadian funds.
FURNISHING OF Upon request, the Group Policyholder must
INFORMATION: ACCESS TO forward to Great -West Life:
RECORDS
1. required information on the eligibility of
employees;
2. employee applications;
3. details relating to changes in insurance;
and
4. information required for assessment of
claims, including job information.
Great -West Life has the right to inspect the
Group Policyholder's records relating to
employees' insurance. Inspections can take
place while this policy is in force and during the
first year after it terminates.
Great -West Life has the right to have
representatives visit an employee's worksite to
obtain information about his job.
All requests, notices, applications, and claims
must be made to Great -West Life in writing.
Great -West Life will not be liable for the Group
Policyholder's failure to supply required
information or records.
General Provisions - LTD F 1
165993
131
GENERAL PROVISIONS
MEDICAL AND VOCATIONAL Great -West Life has the right to conduct
ASSESSMENTS necessary investigations relating to applications
or claims, and to obtain independent medical or
vocational assessments if required. Great -West
Life must also be given the opportunity to
examine the person for whom an application or
claim is made as often as it may reasonably
require during the course of an investigation or
assessment.
Great -West Life will not assume the cost of
assessment or investigation in connection with a
late application. Great -West Life may assume
the cost of other assessments or investigations
according to its administrative practices at the
time of application or claim.
MISSTATEMENT OF AGE Great -West Life may request proof of a person's
age at any time. If his age has been misstated,
entitlement to insurance and benefits will be
determined according to his true age.
If premiums have been underpaid for a person's
true age, a retroactive adjustment must be paid
by the Group Policyholder before any benefits will
be paid or continued.
If premiums have been overpaid for a person's
true age, Great -West Life will pay or credit a
retroactive adjustment to the Group Policyholder.
General Provisions - LTD F 2
165993
132
GENERAL PROVISIONS
DISCLOSURE PROVISIONS 1. This policy will be available through the
Group Policyholder for review by
employees. Great -West Life, at its
discretion, may release a copy of this policy
in order to settle claims.
General Provisions - LTD
165993
2. If asked to do so within 2 years after
notification of a decision concerning
insurance or benefits, Great -West Life will
disclose to the employee the name of each
person or organization that provided
information concerning his application or
claim.
If an employee submits written
authorization from a person or organization
that provided medical information, Great -
West Life will disclose the information to
the employee or, at Great -West Life's
discretion, to the employee's doctor.
4. Great -West Life may, without specific
authorization, disclose information about a
person's claim to another insurer or
benefits administrator if:
(a) the information could be relevant to
assessment of the claimant's
entitlement to other disability benefits
for the same period of time; and
(b) the information is given in confidence
with the stipulation that it may not be
released to another party.
`19191
A&I
Fff4 NA i , .. e t
1
APPEALS A person has the right to appeal a denial of all or
part of the insurance or benefits described in this
policy as long as he does so within one year of
the initial denial of the insurance or a benefit. An
appeal must be in writing and must include the
person's reasons for believing the denial to be
incorrect.
CONFORMITY TO If this policy does not conform to legislation that
LEGISLATION governs it, it is considered automatically
amended to comply with the minimum
requirements of that legislation.
NON -PARTICIPATING This is a non -participating policy.
GENDER The words he, him and his refer to both genders.
General Provisions - LTD F 4
165993
R0111
GENERAL PROVISIONS
ANNUAL EARNINGS Annual earnings is the current annual salary paid
by the employer, excluding overtime and
bonuses. For benefit calculations and in
assessing a person's ability to be gainfully
employed, annual earnings will be those in effect
at the start of the disability period.
- hourly -paid employees If an hourly -paid employee's hours vary, his
earnings are calculated using the average
number of hours worked in the last 12 months
and the current hourly rate of pay. If he has
worked less than 12 months for the employer, the
hours are averaged over the period of
employment.
- earnings limitation If there is a difference between the actual annual
earnings and those reported by the employer for
premium purposes, the lesser of the 2 amounts
will be considered the annual earnings amount
under this policy.
This limitation will not apply in assessing a
person's ability to be gainfully employed.
General Provisions - LTD
165993
135
IM
PREMIUM PROVISIONS
PAYMENT The first premium is due on the effective date of
this policy. After that, premiums are due on the
first day of each month. Premiums must be paid
by the Group Policyholder at Great -West Life's
Head Office. Premiums not paid on time will be
in default.
GRACE PERIOD After the first premium has been paid, 31 days of
grace are allowed to pay a premium in default.
During this time the policy will stay in force. If the
premium is not paid by the end of the days of
grace this policy will terminate. The Group
Policyholder is liable for a pro rata premium for
the time this policy is in force during the grace
period and for all other unpaid premiums.
- waiver of premium
- premium payment not a
guarantee of coverage
The amount of each premium is the sum of the
premiums for each insured employee calculated
at the rate last set by Great -West Life.
No premium is payable for an employee during a
benefit period.
Payment of premium will not cause insurance to
take effect or continue if it would not do so
according to this policy's insuring provisions.
ADJUSTMENTS The premium will be adjusted retroactively to
reflect changes in insurance amounts. Credits
will be given only for the 4 months preceding
receipt of notice.
Premium Provisions - LTD
165993
136
G1
RATE CHANGES
- renewal changes Great -West Life can change the premium rates
on May 1, 2014 or on the first day of any month
after that. Written notice will be sent to the Group
Policyholder before a change is made. Once a
change is made, Great -West Life cannot make
another renewal change for 12 months or such
other period as may be agreed to by the Group
Policyholder.
- other changes A rate change can be made at any time if:
Premium Provisions - LTD
165993
the policy provisions are changed at the
request of the Group Policyholder.
2. the introduction, revision, or repeal of a
government law or regulation results in a
change in:
(a) the benefits payable under this
policy; or
(b) taxes payable to a government
authority.
3. there is a change in the number of
employees insured under this policy that
exceeds 25% since the last renewal
change.
`KYA
G2
TERMINATION OF THE The Group Policyholder may terminate this policy
POLICY by giving written notice to Great -West Life.
Termination by the Group Policyholder will take
effect on the later of:
Policy Termination - LTD
165993
1. the date of termination stated in the written
notice; and
2. the date Great -West Life receives the
written notice.
Great -West Life may terminate this policy at any
renewal date by giving written notice of
termination to the Group Policyholder at least 31
days in advance.
This policy will automatically terminate if a
premium in default is not paid by the end of the
grace period for that premium.
`91.11
H1
TRANSFER PROVISIONS
Transfer of Insurance The following provisions apply when insurance
for any class of employees under this policy takes
effect during the 31 days after coverage ends for
that class under another group long term
disability income insurance policy.
Transfer Provisions - LTD
165993
Any person who was covered in the
terminating class under the other policy
when insurance for that class ended will be
insured on the effective date of insurance
for that class under this policy, as long as
he is then an insurable employee.
2. Any person whose insurance has not been
interrupted will be entitled to benefits under
this policy for a pre-existing condition if:
(a) no benefits are payable for that
condition under the other policy
because of termination of insurance
for the employee's class under that
policy; but
(b) benefits would have been payable
under the other policy if insurance for
the terminating class had remained
in force.
3. No benefits are payable under this policy
for a disability period that is covered as a
recurrence under a previous policy.
`197
19
TRANSFER PROVISIONS
Transfer of Claims If the Group Policyholder transfers responsibility
for the continuing assessment of existing claims:
165993
to Great -West Life, Great -West Life has the
right, without the claimant's authorization,
to obtain claim records from the previous
insurer or benefits administrator.
2. from Great -West Life, Great -West Life has
the right, without the claimant's
authorization, to disclose claim information
to the party assuming responsibility for
existing claims.
`«91
I1K
COUNCIL REPORT
M&C No.
M&C #2017 - 60
Report Date
March 13, 2017
Meeting Date
March 20, 2017
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Easement Acquisition — Portion of Civic #491 City Line
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author/ Dept. Head
Deputy Commissioner/
Commissioner
City Manager
Curtis Langille
Ian Fogan /Kevin Fudge
Jeff Trail
RECOMMENDATION
That Common Council adopt the following resolution:
1. That the City acquire an Easement for Municipal Services in a 45.40 sq. m
+/- portion of said PID # 389353, for $883.00 upon the terms and
conditions set out in the Agreement of Purchase and Sale attached to
M&C 2017 - 60; and
2. That the Mayor and Common Clerk be authorized to execute any
document(s) necessary to finalize this transaction.
EXECUTIVE SUMMARY
The owner of civic #491 City Line has, subject to Common Council's approval,
agreed to grant an easement through a portion of their land required for
proposed construction of sanitary sewer improvements for the price of $883.00
(+ HST).
Funding is approved in the 2017 Water & Sewer Utility Fund Capital Program.
The purpose of this report is to obtain Common Council's adoption of the
aforementioned recommendation to acquire the last remaining necessary land
interest in order for this project to proceed.
-2 -
PREVIOUS RESOLUTION
Common Council, at its February 20, 2017 meeting adopted a resolution to
acquire an easement and freehold parcel from Dufferin Point Inc. (see M&C
#2017-33) for the proposed construction of sanitary sewer improvements.
At its meeting of March 6, 2017 Council also agreed to acquire from Amy
Elizabeth Lanteigne a Freehold interest in a 39.35 sq. m. +/- portion of land
designated PID # 389346, and a Freehold interest in a 46.34 sq. m +/- portion of
said PID # 388736 (see M & C #2017-46).
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
As noted earlier in this report, Council has previously adopted two resolutions to
acquire other lands necessary for this project from Dufferin Point Inc. and from
Ms. Lanteigne.
Mr. Greenlaw owns the last remaining property from which a land interest is
required to facilitate the placement of pipes in the ground (see attached sketch).
The land owner has agreed to sell to the City an easement in and through his
property which is required for the proposed sanitary sewer improvements at the
value contained in the attached Agreement of Purchase and Sale.
SERVICE AND FINANCIAL OUTCOMES
Acquisition of this real estate will enable the improvement of the sanitary sewer
system. This project will be financed from the 2017 Water & Sewer Utility Fund
Capital Program that has already been approved by Council.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The following departments have provided input to this report:
Saint John Water / Engineering
City Solicitor's Office
Growth and Community Development
Finance and Administrative Services.
ATTACHMENTS
Location Map
Agreement of Purchase and Sale Document
I
MCI
The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to ft
Purchaser an easement interest in Parcel 1 as here�nafter set out upon the following terms and
conditions:
Vendor� GREENLAW, PHILLIP EDMOND
491 City Line
Saiint John, NB E2,M 1 M2
Purchaser: THE CITY OF SAINT JOHN
P.O. Box 1971
15 Market Square
Saint John, NB E21- 41-1
Attention Common Clerk
Premises: Easement interest in land designated "Proposed Municipal Services
Easement Area = 45A0M2:o on Drawing No. 161113 -1A -CO2 dated NOV
14/16, prepared by Crandall Engineering Ltd, entitled" "Easement
Acquisition — PID, 010389353", a copy, is attached hereto as Schedule A
(hereini"'Parcel V);
Purchase Price: $883.00 + HST if applicable
Deposit: $ 83.,00 payable lupcn adoption of Common Counci� Resolution
Balance., $800.00 on Closing Date
Closing Date, On or before 4TO p,m-, local time, on August 31, 2017
1 , The Purchaser shall acqiuire from the Vendor an unencumbered easement and rights
ait the cost, risk and expense of the Purchaser, by its officers, servants, agents,
contractors and workers, to enter Parcel I (t�he "Lands") with machinery, materials,
vehicles and equipment and to construct, alter, maintaini, inspect and repair
underground water mains or pipefines, storm sewers, sanitary sewers, or any like
municipal works including all related works appurtenant thereto, promptly restoring as
far as is practical the surface of the Lands to the same conditions as it was prior to the
commencement of the work or excavation, together with the right by action or
otherwise at any time to enjoin the Vendor, including the heirs, executor,
administrators, successors and assigns of such Vendor from erecting or locating on
the Lands any building,, structure or other obstacle which could impair the free and full
use of the easement or permitting the erection or ocationi thereon of any such
building, -structure or other obstacle.
26 The Purchaser may examine the title to the Premises at its own expense until t
Clos,ing Date, If within that time any valid objection to the, title to the Premises is made
writing by the Purchaser to the Vendor which, the Vendor shall be unable or unwilling I
11
Agreement of Purchase and' Sala — PID 00389353
PhMip Edmond Greenlaw and The City of Sairt John
affecting the remaining provisions of this Agreement or affecting the validity or
enforceability of such provision in any other jurisdiction.
10, This Agreement shall be governed by and construed in accordance with the laws Of
the Province of New Brunswick,
111. This offer shall be irrevocable by the Vendolr until 4:0lO p.m. local time, on April 30,
2017 and upon acceptance by the Purchaser shall constitute an Agreement of Purchase!
and Sale binding upon the, parties hereto,
12, This offer when accepted shall be real all changes of gender or number required
by the context shall be blinding upon the parties hereto, their respective heirs, executors,
administrators, and assigns, and time shaH in afl respects be of the essence hereof.
113. MID FIRTHER that, upon acceptance, by the Purchaser, the Purchaser, by its
authorized representatives, and with such equipmenit as may be necessary has a right of
access to, in and upon the Premises at any time provided such right is exercised with as
little disturbance as possible to the Vendor for such purposes and pursuant to the terms
hereinafter set out
(i) The right of access is to allow the Purchaser to construct improvements to the City
of Saint John sanitary sewer system, including but not limited to,, construction of a
sanitary lift station and associated pipling;
(H) Any entry to, in and upon the Premises shallrequire 48 hours' prior written (email)
notice to, the Vendor at
(iii) Any entry by or on behalf of the Purchaser shall be at its riskcost and eixpense;
and
(iv) The Purchaser for itself and its authorized representatives herebi',
and
salves harmless the Vendor from and against all matters arising by reason of the
Purchaser exercising its right of access granted herein.,
Re,malinder of page intentionally left blank. Signatures on next page.
I
Agreement of Purchase and Sale — PID 0038935,3
PKIllip Edmond Green law and The Oty of SaMtlohn
I
IN W7NESS WHEREOF the Vendor has caused' these piresents to be executed this
dayo017
A/
hilli'p Edmon Gre6nilaw
The Vendor's solicitor is gjr�,I
AND the Purchaser has caused these presents to be executed this _ day of
,2017,
THE CITY OF SAINT" JOHN
Mayor
El
MIN
M-61,577.7.
The City of Saint John
WHEREAS: Purple Day is a global effort dedicated to promoting
epilepsy awareness in countries around the world;
and
WHEREAS: Purple Day was founded in 2008 by Cassidy Megan,
a nine-year-old girl from Nova Scotia, who wanted
people to know that if you have epilepsy, you are not
alone; and
WHEREAS: epilepsy is one of the most common neurological
conditions, estimated to affect more than 50 million
people worldwide, and more than 300,000 people in
Canada; and
WHEREAS: the public is
seizure types,
first aid; and
often unable recognize the common
or how to respond with appropriate
WHEREAS: Purple Day will be celebrated on March 26 annually
to increase understanding, reduce stigma and
improve the quality of life for people with epilepsy
throughout the country and globally,
NOW THEREFORE: I, Mayor Don Darling, of Saint
John do hereby proclaim March 26, 2017 as Purple Day in the City of
Saint John in an effort to raise epilepsy awareness everywhere.
In witness whereof I have set my hand and affixed the official seal
of the Mayor of the City of Saint John.
`N191
n I LH VT 114 V lrinl.it 4.r. 111-07
A LAW TO AMEND
THE ZONING BY-LAW
OF THE CITY OF SAINT JOHN
:►xxr i1Clr l..r. 111-J7
ARRETE MODIFIANT VARRETE DE
ZONAGE DE THE CITY OF SAINT
JOHN
Be it enacted by The City of Saint Lors dune rdunion du conseil
John in Common Council convened, as communal, The City of Saint John a
follows: ddcrdtd ce qui suit:
The Zoning By-law of The City of
Saint John enacted on the fifteenth day of
December, A.D. 2014, is amended by:
1 Amending Schedule A, the Zoning
Map of The City of Saint John, by re-
zoning a parcel of land having an area of
approximately 1,468 square metres, located
at 139 Bay Crescent Drive, also identified
as PID No. 00024364, from Rural
Settlement Residential (RS) to Utility
Service (US).
- all as shown on the plan attached hereto
and forming part of this by-law.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by-law the * day of *, A.D. 2017
and signed by:
L'arretd de zonage de The City of
Saint John, ddcrdtd le quinze (15) ddcembre
2014, est modifid par:
1 La modification de Pannexe A,
Carte de zonage de The City of Saint John,
permettant de modifier la designation pour
une parcelle de terrain d'unc superficie
d'environ 1,468 mdtres carrels, situde au
139 promenade Bay Crescent, et portant les
NID. 00024364, de zone rdsidentielle de
peuplement rural (RS) a zone de services
publics.
- toutes les modifications soot indiqudes sur
le plan ci joint et font partie du prdsent
arrdt6.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
prdsent arret6 le 2017,
avec les signatures suivantes :
mom
First Reading - March 6, 2017 Premiere lecture - le 6 mars 2017
Second Reading - March 6, 2017 Deuxi6me lecture - le 6 mars 2017
Third Reading - Troisieme lecture -
Moditiant Annexe «A» de I'Arrete de zonage de The City of Saint John
prom. Bay Crescent pr
TO l A
Rural Settlement Utility Service
Zone residentielle RS US Zone de services
de peuplement rural publics
Applicant: City of Saint John Growth and Community Development on behalf of Saint John Water
Location: 139 Bay Crescent Drive
SPI D(s)/NI P(s): 00024364
Considered by P.A.C.Iconsidere par le C.C.U.: February 21 fevrier, 2017
'Enacted by Council/Approuve par le Conseil:
COUNCIL REPORT
M&C No.
M&C 2017-71
Report Date
March 15, 2017
Meeting Date
March 20, 2017
Service Area
Transportation and
Environment Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Weight Restrictions By -Law Amendment and Agreement
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Tim O'Reilly
Tim O'Reilly for Michael
Hugenholtz
Jeff Trail
RECOMMENDATION
City staff recommends that Common Council:
1. Approve 1s' and 2nd Readings of the attached Amendment to the Saint
John Weight Restrictions By -Law and,
2. Endorse the attached agreement with J.D. Irving Limited and authorize
the Mayor and Common Clerk to execute the required documentation.
EXECUTIVE SUMMARY
J.D. Irving Limited is planning to construct a parking garage adjacent to their 300
Union Street office building. City approval to construct this structure is being
sought through a separate process not being considered via this report.
Delivery of construction materials and equipment to the site are planned to start
next week in order to meet their construction schedule. Heavy vehicles need to
travel on City streets.
The Saint John Weight Restrictions By -Law is in place to mitigate damage to City
streets and underground utilities with travel by heavy vehicles. Part of this by-
law includes a reduction in the maximum allowable per -axle weight permitted on
most City streets to 80% during an approximate two month period each Spring
as the ground thaws and becomes more vulnerable to damage. The by-law
refers to and uses the same spring weight restriction period each year as used by
the Province. For 2017 the Spring Weight Restriction period for southern New
Brunswick started on March 5 and is planned to continue until May 14, but is
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weather dependent. A number of City streets, typically the truck routes or
connections to Industrial Parks, are exempt from the 20% per -axle reduction.
J.D. Irving Limited is requesting that heavy vehicles above the 80% Spring
restriction limit travel to the parking garage construction site travel on two City
street streets not exempt from the reduced weight limits, including on Union
Street from Crown Street to Wentworth Street and on Wentworth Street from
Union Street to King Street East. The rest of the travel route for these heavy
vehicles is on streets exempted from the reduced axle weight limits. The
vehicles will be within the 80% axle weight limits when they leave the
construction site as their materials and equipment will be unloaded.
Common Council must approve an amendment to the Saint John Weight
Restrictions By -Law to permit these heavy vehicles to travel on Union Street and
Wentworth Street (without violating the by-law). Three Readings of the
amendment (attached) over two consecutive Council meetings are required.
The amendment is for a limited period of time (March 28 - April 3).
Attached to this report is a proposed agreement with J.D. Irving Limited. The
agreement would aid in placing responsibility for any damage caused to
infrastructure by the heavy equipment on J.D. Irving Limited.
A series of measures will aid in reducing the risk of damage being caused to
infrastructure on and below the street and identifying responsibility should
damage occur. Several measures are outlined in the attached proposed
agreement. The City will endeavor to conduct pre and post move sewer videos
to log condition at crossing locations along route of travel of the heavy vehicles.
PREVIOUS RESOLUTION
N/A
STRATEGIC ALIGNMENT
N/A
SERVICE AND FINANCIAL OUTCOMES
J.D. Irving Limited is paying for the assessment of infrastructure. There will be a
cost to the City to complete its pre and post inspections that is yet to be
finalized.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The City Solicitor developed the attached Weight Restrictions By -Law
Amendment and Agreement. The City's Growth and Community Development
`N'il
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Service and J.D. Irving Limited and their contracted services provided input as
well.
ATTACHMENTS
Proposed Amendment to the City of Saint John Weight Restrictions By -Law
Proposed Agreement with J.D. Irving Limited
BY-LAW NUMBER MV -17
A LAW TO AMEND A BY-LAW
RESPECTING WEIGHT RESTRICTIONS
WITHIN THE CITY OF SAINT JOHN
ENACTED UNDER THE AUTHORITY
OF SECTION 262(1) OF THE MOTOR
VEHICLE ACT
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 Weight Restrictions
Within The City of Saint John Enacted Under The
Authority of Section 262(1) of The Motor Vehicle
Act" enacted on the 5"' day of April, A.D. 2004, is
hereby amended as follows:
ARRETE No MV -17
ARRETE CONCERNANT LES
LIMITATIONS DE POIDS DANS
THE CITY OF SAINT JOHN
EDICTS EN VERTU DU
PARAGRAPHE 262(1) DE LA LOI SUR
LES VEHICULES A MOTEUR
Lors d'une reunion du conseil communal,
The City of Saint John a d&cr&t& cc qui suit:
Par les pr&sentes, Farr&t& de The City of
Saint John intital& « Arret& concernant les
limitations de poids dans the city of Saint John
edict& en vertu du paragraphe 262(1) de la loi sur
les vehicules a moteur », &dict& le 5 avril 2004, est
modifi& comme suit:
1 Schedule A is amended by adding the 1 L'annexe A est modifi&e par 1'adjonction des
following words under the following headings: mots suivants sous les titres suivants :
Connection Routes
Union Street between Crown Street and
Wentworth Street only between March 28,
2017 and April 3, 2017 inclusive
Wentworth Street between Union Street and
King Street East only between March 28,
2017 and April 3, 2017 inclusive
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
, A.D. 2017 and signed by:
Routes de raccordement
rue Union entre rue Crown et rue
Wentworth entre le 28 mars 2017 et le 3
avril 2017 inclusivement
rue Wentworth entre rue Union et rue
King Est entre le 28 mars 2017 et le 3
avril 2017 inclusivement
EN FOI DE QUOI The City of Saint John a fait
apposer son sceau communal sur le pr&sent arret&
le 2017, avec les signatures
suivantes
Mayor/Maire
Common Clerk / Greffi&re communale
First Reading - Premiere lecture -
Second Reading - Deuxi&me lecture -
Third Reading - Troisi&me lecture -
`RV
THIS AGREEMENT made in duplicate as of the day of March, 2017.
J.D. IRVING, LIMITED, a corporation duly
incorporated under the laws of the Province of
New Brunswick, hereinafter called the
"DEVELOPER"
OF THE FIRST PART
and
THE CITY OF SAINT JOHN, a body corporate
by Royal Charter confirmed and amended by
Acts of the Legislative Assembly of the
Province of New Brunswick, hereinafter called
the "CITY"
OF THE SECOND PART
WHEREAS the Developer is planning to construct a parking garage on its
property located between Carmarthen and Wentworth Streets in the City of Saint John
and Province of New Brunswick (the "Property'); and
WHEREAS delivery of construction materials and equipment to the Property
requires the operation of vehicles within the City with axle weights in excess of 80% of
the axle weights permitted under the Motor vehicle act, RSNB 1973, c M-17, and the
Saint John Weight Restrictions By-law, By-law Number MV -17, and amendments
thereto (the "Heavy Vehicles"); and
WHEREAS the Developer has requested permission from the City to operate
Heavy Vehicles on Union Street from Crown Street to Wentworth Street; and
Wentworth Street from Union Street to King Street East (collectively, the "Streets")
between March 28, 2017 and April 3, 2017 (the "Move"); and
WHEREAS the City is prepared to accede to the Developer's request referred
to in the immediately preceding recital by enacting an amendment to the Saint John
Weight Restrictions By-law;
NOW THEREFORE THIS AGREEMENT WITNESSETH that the parties hereto for
and in consideration of these presents and the covenants herein contained agree
each with the other as follows:
1. That the Developer shall only operate Heavy Vehicles on the Streets between
March 28, 2017 and April 3, 2017.
2. That the Developer shall notify the City's Traffic Engineer at least one (1)
business day in advance of the Move.
3. That the Developer shall engage an Engineering Consultant to (i) conduct an
assessment of the asphalt surfaces on the Streets, and review plans provided by the
City with respect to the location and depth of the water, sanitary and storm sewer
systems owned or operated by the City, (ii) prepare a Risk Assessment Report for the
Move, and (iii) prepare a pre -Move and post -Move Condition Survey Report of the
asphalt surfaces relative to the planned and actual route of travel for the Move.
4. That the Developer shall (i) provide copies of the Risk Assessment Report to
the Chief City Engineer or designate not later than March 24, 2017; and (ii) provide a
copy of the pre -Move and post -Move Condition Survey Reports to the Chief City
Engineer or designate not later than three (3) business days following completion of
the Move.
5. That the Developer shall be solely responsible for the cost of the Risk
Assessment Report and the pre -Move and post -Move Condition Survey Reports.
6. That the Developer hereby indemnifies, defends and saves harmless the City,
its employees, officers, agents, successors and assigns, from and against any and all
losses, costs, claims, demands, expenses, proceedings and actions of every nature
and kind for injury or direct damages, to persons or property to the extent caused by
the Move.
7. That the Developer shall reimburse the City for all reasonable costs for work,
repairs, alterations, reconstruction or replacement required to remedy any damage
caused by the Move, within forty-five (45) days of the date of the Developer's receipt
of an invoice together with reasonable back-up information.
8. That the Developer shall receive approval from the Province of New
Brunswick for operation of the Heavy Vehicles on provincial highways not later than
March 28, 2017.
9. That it is expressly agreed and understood that the execution of these
presents by the City does not constitute approval of the proposed parking garage on
the Property which approval can be given only by the City's Development Officer.
10. This Agreement shall enure to the benefit of and be binding upon the parties
hereto, their successors and assigns respectively.
IN WITNESS WHEREOF the parties hereto have caused these presents to be
duly executed by the properly authorized officers and their respective corporate seals
affixed hereto as of the day and year first above written.
SIGNED, SEALED & DELIVERED )
in the presence of: ) J.D. IRVING, LIMITED
Per:
Per:
THE CITY OF SAINT JOHN
Common Council Resolution:
COUNCIL REPORT
M&C No.
2017-69
Report Date
March 15, 2017
Meeting Date
March 20, 2017
Service Area
Growth and Community
Development Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Central Peninsula Neighbourhood Plan Consultant Award
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadL4
City Manager
Jeffrey Cyr
Jacqueline Hamilton
m
I Jeff Trail
RECOMMENDATION
That Common Council,
Common Council award planning and urban design consulting services for
the Central Peninsula Neighbourhood Plan to Urban Strategies Inc. at a
cost of $173,840.00 plus applicable taxes; and
That the Mayor and Common Clerk be authorized to execute the
consulting agreement.
EXECUTIVE SUMMARY
On January 23, 2017 Common Council authorized the issuance of a request for
proposal for planning and urban design services for the Central Peninsula
Neighbourhood Plan. Following an evaluation of all proposals submitted, it is
recommended that Common Council award the planning and urban design
consulting services to Urban Strategies Inc...
PREVIOUS RESOLUTION
On January 23rd, 2017 Common Council adopted the following resolution.
"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
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recruitment effort to fill the proposed 7 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."
STRATEGIC ALIGNMENT
As a priority related to a Vibrant Safe City and Growth and Prosperity, focusing
strategic investments in the City's core will accelerate urban growth, reduce
urban sprawl and encourage a more compact, livable and fiscally sustainable
community.
Report
The Central Peninsula Neighbourhood Plan is an important tool to both guide
and encourage positive change and development in Saint John's core urban
neighbourhood. Through a comprehensive community engagement process, it
will enable the community to play a central role in shaping the areas where they
live, work and play. The plan will also identify the actions, programs and services
needed for the City and its community partners to undertake in order to
implement PlanSJ at the neighbourhood level.
The purpose of this report is to recommend the award of consulting services for
planning and urban design work to Urban Strategies Inc.
The Selection Process
The selection of the consultant was completed in accordance with the City of
Saint John's procurement policy. A request for proposals authorized by Common
Council was issued in early February, which resulted in proposals from five
consulting firms. The proposals were reviewed and scored by an evaluation team
facilitated by a procurement specialist within the City's Materials Management
service. The evaluation weighted a number of criteria, of which the most
prominent were cost, quality of the proposed work and the proponents
experience and expertise. The proposal evaluation criteria included the
following:
• Submission Quality
`DO]
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• Project Appreciation & Understanding
• Proponent Profile
• Proponent Roles and Qualifications
• Availability of Key Personnel
• Methodology
• Value Added
• Proponent Costs
Urban Strategies Inc. Consulting Team
Founded in 1986, Urban Strategies is a planning and urban design firm that
offers a wide range of services to public and private clients across Canada, the
U.S., Europe, and Asia. The firm's fourteen Partners, two Principals, twelve
Associates and large complement of Planners and Designers come from diverse
backgrounds, including architecture, economics, landscape architecture,
planning, public administration and the visual arts. In the past 30 years, Urban
Strategies has been recognized with over 100 awards from provincial, national
and international institutions. Their clients include large and small cities,
developers, public agencies, universities, hospitals and community groups.
As a sub consultant, Taylor Hazell Architects will lead the heritage components of
the project. Taylor Hazell Architects have established a reputation as a national
leader in both heritage conservation and planning. The firm does its best work in
places where culture, landscape, and buildings are open to change through
compatible alterations and additions, using new form, space, materials and
technology.
A Collaborative Approach
Urban Strategies Inc. has proposed a collaborative approach to the development
of the Neighbourhood Plan, which positions the consulting team and City staff as
partners working together to engage the community and to complete the
project deliverables. This will allow Urban Strategies Inc. to focus their efforts on
components of the plan which require specialized skills and experience. The
proposed collaborative approach towards the development of the
Neighbourhood Plan will allow City staff to bring a strong understanding of the
local context to the project while balancing it with Urban Strategies "fresh eyes
perspective" and experience undertaking similar projects across Canada and
internationally. This collaborative approach has also provided the City of Saint
John with a reduced consulting fee as compared to typical consulting costs for a
Neighbourhood Plan of this scale.
Experience & Perspective
Urban Strategies Inc. brings both a strong local understanding and extensive
experience in preparing neighbourhood plans in other jurisdictions. Locally,
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Urban Strategies has been the lead consultant for both PlanSJ and the Inner
Harbour Land Use Plan, providing a strong understanding of previous work and
trends in in Saint John. They also have extensive experience in Atlantic Canada,
including planning and urban design engagements in both Halifax and
Fredericton. Nationally, Urban Strategies has worked on dozens of
neighbourhood planning projects across the Canada and the United States,
bringing a wealth of experience and innovative ideas that provides the City of
Saint John with the best value for money.
Coordination with the MoveSJ Project
Phase two of the transportation master plan is a complementary project that will
be ongoing throughout the neighbourhood planning process, with several key
deliverables focused on transportation themes linked to the Central Peninsula,
including parking, transit, and active transportation. A management structure for
both projects has been established to ensure the two projects are highly
coordinated. This includes the incorporation of key staff members into both
project teams, regular standing meetings and the development of a
management structure to ensure collaboration and strong communication
between the project consultants.
SERVICE AND FINANCIAL OUTCOMES
The proposed cost of work from Urban Strategies Inc. for planning and urban
design services is $173,840.00 plus applicable taxes, which will come to an
additional $7,562.04 after HST rebates. The required funding for the Central
Peninsula Neighbourhood plan has been allocated in the 2017 operating budget.
Applications have been submitted for partial funding of the project from the
Federation of Canadian Municipalities Green Municipal Fund and the Province of
New Brunswick's Environmental Trust Fund. The application for funding from
FCM has completed the peer review process and has received a very positive
recommendation to the board of the Green Municipal Fund. Staff is optimistic
regarding the potential for a successful outcome for the City, which could
potentially yield up to a maximum of $132,200 in project funding. Further
information on the status of the Environmental Trust Fund applications is still
pending.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Materials Management facilitated the RFP process to solicit proposals from
Planning Consulting firms for the development of a neighbourhood plan and
urban design manual for the Central Peninsula Neighbourhood Plan resulting in 5
submissions. The committee was tasked with the role of reviewing each
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submission against the proposal evaluation criteria as defined in the proposal
call document.
A cross -departmental City project team was established to help guide the Central
Peninsula Neighbourhood Plan project and coordinate activities and feedback
across the organization. The project team was engaged on the development of
the Request for Proposal for consulting services and feedback was incorporated
into the RFP.
ATTACHMENTS
N/A
flW
COUNCIL REPORT
M&C No.
M&C 2017-55
Report Date
February 28, 2017
Meeting Date
March 20, 2017
Service Area
Transportation and
Environment Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: City of Saint John Transportation Strategic Plan Phase 2 Consulting
and Engineering Services
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadL4
City Manager
Katherine Shannon
Michael Hugenholtz
m
I Jeff Trail
RECOMMENDATION
It is recommended that:
1) Common Council award engineering and consulting services for
Transportation and Strategic Plan Phase 2 to IBI Group at a cost of
$205,645.00 plus applicable taxes.
2) That the Mayor and Common Clerk be authorized to execute the
Consulting Engineering Agreement.
EXECUTIVE SUMMARY
In November 2014, Council awarded the engagement of Planning and
Engineering services for Transportation Strategic Plan — Phase 1 to IBI Group.
The proposal IBI Group submitted for the project included three phases. Phase 1
- Research; which is complete, Phase 2 - Plan Development and Phase 3 - Plan
Finalization. With the research phase completed, Phase 2; Demand Model
Development is ready to begin.
IBI Group will be presenting results of Phase 1 to Common Council on March 20,
2017.
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PREVIOUS RESOLUTION
On November 24, 2014, Common Council adopted the following resolution:
"RESOLVED that as recommended by the City Manager in the submitted report
M&C 2014-201: Engagement of Planning and Engineering Consultant;
Transportation Strategic Plan — Phase 1, that the proposal from IBI Group for
planning and engineering consulting services for the City of Saint John
Transportation Strategic Plan (MoveSJ) (the "Project"), be accepted as follows:
a) Phase 1 of the project is to be completed by IBI Group, at a cost of
$201,104.00, all applicable taxes included;
b) That the Mayor and Common Clerk be authorized to execute the Consulting
Engineering Agreement."
STRATEGIC ALIGNMENT
This report aligns with key Common Council priorities including:
• Vibrant, Safe City—The plan will develop strategies for public and
transportation which will aid in developing neighhbourhoods aligned with
the community's development vision established in PlanSJ which include
accessible, reliable and cost-effective public and active transportation.
• Valued Service Delivery — The project will provide an assessment of
required transportation system capacity to support future growth and
development that will be an important input in managing the City's
transportation assets and guiding future investment in the transportation
system. This will also serve Council's Priority of Fiscal Responsibility as it
provides an input into the long-term financial planning for capital
improvements to the City's transportation network.
SERVICE AND FINANCIAL OUTCOMES
The proposed cost of work from IBI Group to provide planning and engineering
services for Phase 2 is $205,645.00 plus applicable taxes. Funding for this project
is included in the 2017 operating budget.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The above process is in accordance with the RFP terms and conditions and the
City's Procurement Policy and Materials Management support the
recommendation being put forth.
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ATTACHMENTS
M&C 2014-201: Engagement of Planning and Engineering Consultant;
Transportation Strategic Plan — Phase 1
REPC R -T 1`0 COMM, ON CO UN CIL
M & C 20114- 201
;N
November 17, 2014 Fbe (Ivy d I . il" Pim
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members ofCounc&
SUBJECT: Engagement of Planning and Engineering Consultant: Transportation
Strategic Plan - Phase I
The approved 2014 Operating Budget includes funding for Phase I of aTransportation Strategic
Plan. A Transportation Strategic Plan is an important document which provides a tool to guide
investment in "d development ofthe City's transportation network over a 25 -year planning
horizon. Timing for this project is important as it will update the City's existing Transportation
Plan completed in 1999, which mainly focused on the movement of the motorized travel modes
such as automobiles and trucks, It will also build on transportation system improvements, such as
the One Mile House Interchange, which, have occurred since that tirne and incorporate the
community's land use and future development vision established in the Municipal Plan.
Elements of the Plan will also incorporate the community's desire, to "create a balanced
transportation network to make public transit and active transportation more viable and desirable
mobility options". This is in line with North Arnerican trends towards an approach to
transportation that considers sustainability, healthy communities and vibrant urban centres.
A Request for Proposal (RFP) was issued to engage a Planning, and Engineering consulting firm
to carry out Phase I of the Transportation Strategic Plan. The initial phase will focus on the
development of a vision fbr the City's transportation network and will include the following
work elements,:
+ Collection of data regarding existing and future travel demand, This will provide
data on the type and timing of" trips on the City's transportation network and the
locations of where these trips originate and their destinations. This data will guide
better decision making regarding development and operation of the transportation
network including parking, transit and traffic operations,
# Develop Goals and a Vision for the City's Transportation System to guide future
development and operations,
117
167
4 Develop Guidelines for incorporating Transportation into the Municipal Plawling
and Future Neighbo,urhood Planning Process,
The recommended consultwit also has included early deliverables related to truck routes and
speed limits and will present the results of Phase I to Common Council, Staff will provide
regular updates to Common Council over the course of the project.
Phases 2 and 3 of the prqjec-,t 'will include: a review of specific transportation initiatives in the
City including transit, parking, active transportation and the City's roadway network. These
phases would be of a similar order of magnitude and will be recornmended to proceed upon
completion of Phase 1, Phase I will begin upon award in late 2014 and conclude in 2015 with
Phase 2 beginning in 2015 and Phase 3 following in 201 6�
The purpose of this report is to make a recommendation 'for planning and engineering consulting
services for this project,
In accordance with the City of Saint John's Procurement Policy and Procedures, Materials
Management facilitated the RFP process, The RFP was issued OD September 8, 2014 and closed
on October 9, 2014 with submissions received frorn the following firms.
* Dillon Consulting Limited, Saint John, NB
* HDR, Corporation, Richmond Hill, ON
0 1131 Group, Toronto, ON
* MMM Group, Halifax, NS
A Review Committee consisting of staff from Materials Management,, Growth & Community
Development, Transportation & Environment Services, Saint John Transit, and the Saint John
Parking Commission was formed to evaluate the submissions.
The Committee was tasked with the role of reviewing each submission against the proposal
evaluation criteria as defined in the proposal call document. These criteria consisted of the
following -
L Preventation — Quality, completeness, clarity and overall presentation of the proposal.,
2. Personnel -- Suitability, skills and experience of the Proponent's project team,
1Project Aplt roach and,Melhodology — proponent's strategy and approach to the work,
suggested timeline(s) and general approaches to potential subsequent phases,
4. Value Added -... Innovative and valuable solutions beyond the basic scope of work.
M & C 2014 — 201
November 17, 201:4
Page 3
5, Cost - Fees, for completing the work,
After careful, independent evaluation, the Review Committee met to analyze the findings of each
member. In accordance with the City of Saint John's procurement Procedures, after completion
of the "technical" evaluation, the financial proposals were opened and factored into the
evaluation. After due consideration, the Review Committee unanimously selected the
submission from JBI Group as the best proposal based on the overall rating of the evaluation
criteria as it best rnet all of the requirements of the proposal call wi,th a cost: effective solution for
the project.. Specific elements of the proposal which led to the selection of' tBI err oup's project
tearn as the preferred proponent included:
corporate experience oil a range of transportation planning and transportation engineering
projects throughout Canada and Atlantic Canada;
inclusion of New Brunswick subconsultants Exp and Opus who have relevant
transportation experience in the New Brunswick and Saint John context along with a
local presence;
a project team including members with experience in urban planning, transportation
planning, urban design, transit, parking erred traffic engineering; and
a proposed approach and methodology to provide the required, project deliverables.
The: above process is in accordance with the City's Procurement Policy and Materials
Management support the recommendation being put forth.
FINANCIAL IMPLICATIONS
The proposed cost of work from IBI Group to provide planning an(] engineering services for
Phase 1 is $201,,140 including HST. An amount of'$200,O�00 is included in the 2014 Operational
Budget for this project. Due to the timing of the award, there may work from Phase I that will
occur in 2015, wbicb will extend the timeline of the project,
It is recommended that the proposal ftom IBI Group fbr planning and engineering consulting
services for the City of Saint John Transportation Strategic Plan (Move ) (the "Project"), be
accepted as follows:
a) Phase I of the project is to be completed b,y 1131 Group, at a cost of
$2011,104.00, all applicable taxes included;
b) That the Mayor and Common Clerk be authorized to execute the Consulting
Engineenng Agreement.
119
169
M & C 2014 — 201
November 17, 2014
Page 4
Mark Reade, P.Eng., MCIP, RP`P
Senior Planner, Growth & Community, Development Services
Timothy D. O'Reilly, P.Eng., M.Sc.E,
Traffic Engineer, Transportation and Environment Services
�VIW-X�
Wm,, Edwards, P'.Eng,
Commissioner
'Transportation & Environment
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Jacqueline Hamilton, MURT, MCIP, RPP
Commissioner, Growth & Community Development Services
trick Woods, CGA
cl Manager
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COUNCIL REPORT
M&C No.
2017-57
Report Date
March 06, 2017
Meeting Date
March 20, 2017
Service Area
Saint John Water
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Engineering Inspection Services 2017
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Joel Landers
Brent McGovern/Brian
Keenan
Jeff Trail
RECOMMENDATION
It is recommended that Common Council authorize staff to establish supply
agreements with the seven consulting firms noted below, at the hourly rates
provided in this report totaling $435,000 plus HST for the provision of
engineering inspection services for 2017 Capital Program projects.
EXECUTIVE SUMMARY
The purpose of this report is to have Common Council authorize staff to establish
supply agreements totaling $435,000 plus HST for the provision of engineering
inspection services.
PREVIOUS RESOLUTION
November 14, 2016; 2017 Water & Sewerage Utility Fund Capital Program
Approved.
November 28, 2016; 2017 General Fund Capital Program Approved.
March 6, 2017; 2017 Water & Sewerage Utility Fund and General Fund
(Transportation & Storm Categories) Capital Program Adjustments 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.
`11106%,
-2 -
REPORT
Common Council has approved the 2017 Water & Sewerage Utility Fund Capital
Program consisting of 32 projects totaling $14,605,000 and the 2017 General
Fund (Storm & Transportation) Capital Program consisting of 14 projects totaling
$7,776,250.
A portion of the projects in the 2017 Capital Programs are being designed "in-
house" and will require engineering inspection services during construction.
There will be a requirement to provide engineering inspection for approximately
15 "in-house" designed projects during the 2017 construction season. This is
based upon a forecast of staff resource availability and capital project demand.
Please note that staff resources will be fully exhausted and committed before
seeking the use of external resources. Therefore, in order to ensure that
adequate engineering inspection resources are available to the City for
the approved Capital Program projects, staff have issued a Request for Proposal
(RFP) for engineering inspection services. The RFP was issued to eight local
consulting firms that have the appropriate resources on staff capable of
providing engineering inspection services on municipal type projects.
Seven firms have submitted proposals in response to the RFP, providing resumes
for inspection resources including hourly rates. The seven firms that replied
were:
• Crandall Engineering Ltd.
• CBCL Limited
• Dillon Consulting Limited
• GEMTEC Limited
• WSP Canada Inc.
• Stantec Consulting Ltd.
• Brunswick Engineering & Consulting Inc.
No single firm has the resources in place to provide all the required engineering
inspection services. The hourly rates submitted by the consultants with their
proposals were similar so staff averaged the rates and established one hourly
rate for each of the three levels of inspectors — Junior, Intermediate and Senior —
as follows:
Junior Inspector - $72
Intermediate Inspector - $82
Senior Inspector - $93
`&ON
-3 -
The hourly rates include all miscellaneous expenses (car, cellular telephone,
digital camera, etc.) and do not include H.S.T. All seven engineering firms have
confirmed they are in agreement with the above rates.
The City will determine the appropriate level of inspector required for a given
project and then request the engineering inspection services from the seven
consulting firms on a rotational basis.
SERVICE AND FINANCIAL OUTCOMES
The total overall cost for engineering inspection services for 2017 is difficult to
predict as there are a number of variables; most significant of which is how many
contractors and the number of construction crews that will be working at a given
time period. 2017 is a particularly busy construction year due to the Funding
awarded under the Clean Water Wastewater Fund. Staff has estimated the
overall value of the engineering inspection services for 2017 to be approximately
$435,000 plus 15% H.S.T.
Funds to cover the cost of the engineering inspection service are included in the
approved 2017 Capital Program project budgets.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The Request for Proposal document and this report have been reviewed with the
City's Materials Management Department and they support the
recommendation being put forth.
ATTACHMENTS
IReM12
`SLI
March 13, 2017
Mr. Jeff Trail, ChyK4amo0er
City ofSaint John
15Market Square
P(}Box 1971
Saint John, New Brunswick
E2L4L1
TLAIMUNIam;
New Brunswick Power's Point Lepreau Nuclear Generating Station has been proudly producing safe,
reliable electricity for the people of our province for more than three decades. in fact, about one third of
the province's electricity is generated at the Point Lepream station,
While nuclear power isatechnical business, itisone that relies umthe commitment ofpeople tobe
successful. This includes our station leaders, our 800 -plus employees, contractors and our community
partners who work with us on many initiatives from emergency preparedness to environmental projects
around the station and in the neighbouring regions, We are grateful for this strong community support
and collaboration.
|mthe City ofSaint John, these partners include community leaders involved hnsocial and environmental
initiatives as well as Point Lepreau's skilled workers who share their pride and commitment for
operational exceNemoeinthe work they doevery day.
A nuclear Station provides electricity. It also provides excellent knowledge -sector jobs, contributes to the
local economy and creates opportunities for environmental, social and educational initiatives in the
surrounding communities.
The station's regularfive-year license is due for renewal inJune 2O17.The review process bunderway by
the Canadian Nuclear Safety Commission (CNSC), the federal regulator for nuclear operations in Canada.
CNSC staff members are also present on the Point Lepreau site year round and provide us regular
feedback and evaluation. Last summer, the CNSC confirmed the strength of our operations in its yearly
industry report, where it stated the Station meets all safety expectations.
Nothing bmore important tousthan the safety ufour Station, employees, the environment and the
surrounding communities, As outlined in our presentation and Station to,ur on August 23, 2016, Point
Lepreau has several initiatives to ensure safe operations and robust emergency planning. VVevalue our
on-going partnership with the City nfSaint John in providing back-up fire protection services for the
Station.
As part ofthe licence renewal process, the CNSCwelcomes submissions from communities and
stakeholders associated with the station. VVeinvite the Mayor and Council tnparticipate inthe licence
renewal process by providing written submission tothe CNS[by KHonch 27, 2017 and an oral
Point Lepreau Generating Station, P.O.Box 600, LeuremummEB2m
Pa8elo[2
111106191
presentation by His Worship Don Darling to be delivered during the hearing in Saint John, NBon May 10
or11,2Q17.
The submission must be filed with the Commission Secretariat by March 27, 2017 via Email:
ATTENTION: Senior Tribunal Officer, Secretariat Canadian Nuclear Safety Commission
280Slater Street, P.O.Box 1O4G,
Station 8Ottawa, ON
KlP55B
Tel: G13-99G-9OG]or1-800-6G8-5Z84Fax: G13-995-SOQG
Pursuant tothe Canadian Nuclear Safety Commission Rules ofProcedure, the request tointervene must
include the following information:
awritten submission ofthe comments 1obepresented tothe Commission
a statement setting out whether the requester wishes to intervene by way of written submission
only nrbvway ofwritten submission and oral presentation
3. the requester's name, address and telephone number
The people and council ofthe City ofSaint John have been valued partners and neighbour for the Point
Lepreau Nuclear Generating Station. Thank you for your consideration of this matter.
Best Regards,
Kathleen Duguay
Manager, Community Affairs and Nuclear Regulatory Protocol
NB Power- Point Lepreau Nuclear Generating Station
5066478057
Point LeomauNuclear Generating Station, P.O. Box 600uep,eam mBBa2as
Page 2 of 2
03/13/2017 11:38 FAX 5106 634 7099
Worker Appeal
0001/0002
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AD-ag-A,
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- S er V Im"s
24-J,<4W,tA.1YS. elouttF. -Sainf John, New Brunswick
E,2fc #&a Tel:
506 635 0391 - Fox., 506 634 70!99
Via Fax # 632 6120
March 13, 20,17
His Worship Mayor Don Darling and
Members of Common Council
P.O. Box 1.971
Saint John, NR
E2L.4L4
Dear Mayor Darling and Councilors
Re: Saint John Labour Community Services/Worker. Appeal Services
May Day Fundraiser Dinner
20,17
On Monday May 1, 2017 Saint John Labour Community Services Inc,, publicly known as
Worker Appeal Services, will, be holding a fundraiser, its tenth annual May Day Dinner.
The event is being held with the support of the Saint John & District Labour Council as a
celebration of May Day and its historic significance for workers throughout the province.
The proceeds from last years event once again proved critical to this agency being able to
continue its mandate to assist injured, disabled and unemployed workers obtain benefits
they were denied by Worksafe N.B., Employment Insurance and CPPD Government
agencies. The success we have had for those workers has again resulted in hundreds of
thousands of dollars being made available to those " worker's families over the last year
and therefore into our community. Our agency's core funding was terminated in
February 2015 and the success of our fundraising dinner is even more critical to our
ability to. continue,
Tickets are still $ 1010.00 each or $700.00 for a table of eight, The City has supported us
nearly every year and it is greatly appreciated. The event is again being held at the Lily
Lake Pavilion. It will be a lobster dinner (steak for those who wish) followed by the
keynote address to be given by Elizabeth Weir. We enclose a poster of the event. Please
support our work with injured workers by purchasing tickets, or a table once.again this
year. To order yours please call me at 635 — 0391.
0
Ido f?'Y
E.�R�alala
Executive Director
SupptNd by
e A IKIIT Ir Ud l
03/4.3/20:1.7 14:39 FAX 506 634 7099 Worker Appeal.
i
0002/0002
j % 0 6 at
Uly Lake
#
r
Reception
1 � /ai / iA / %/ fY r f � i., i 1 � r r r / � ..
c i *i rfi l Dinner / a, r u
a
Income Tax Receipt available Mi port,ion of the ticket
`P111.3
COUNCIL REPORT
M&C No.
M&C 2017-70
Report Date
March 15, 2017
Meeting Date
March 20, 2017
Service Area
Transportation and
Environment Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Provincial Funding for West Side Splash Pad
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Lori Lambert and Tim
O'Reilly
Tim O'Reilly for Michael
Hugenholtz
Jeff Trail
EXECUTIVE SUMMARY
Common Council approved that construction of a splash pad on Market Place
West beside the Carleton Community Centre be considered a "contingent"
project in the amount of $250,000 as part of the 2017 General Fund Capital
Program, pending the remaining funds are raised. With any "contingent"
project, Common Council did not commit the funding as part of the overall 2017
Capital envelope, requiring Council to consider approving the project spending at
a later time.
A preliminary design and cost estimate for the project is complete. The current
cost estimate for detailed design, construction and construction management is
$625,000 + HST ($652,000 with the unrecoverable portion of the HST).
An ad-hoc neighbourhood committee has been spearheading the splash pad
project. Part of their mandate has been to seek community funding partners for
the project. Thus far they have secured $100,000 in corporate funding, equally
from the Port of Saint John and DP World. Requests from additional corporate
sponsors are currently being considered.
In discussions with committee representatives, the Provincial Regional
Development Corporation (RDC) has indicated that funding is available for this
project. RDC has recently funded a splash pad in Fredericton at $1M and in
Campbellton at $250,000. RDC was a major funder of the Fleming Court Splash
Pad located in Crescent Valley.
`Pl%7
-2 -
In order to be considered for funding, a proposal must be submitted by the City
of Saint John requesting $250,000 accompanied by a letter indicating support for
the project, the resolution passed that confirms the City's $250,000 investment
(contingent upon securing the additional funding), the architect's estimate and
letters from corporate sponsors (Port SJ, DP World). Council's adoption of the
recommended resolution of this report, including approving the Mayor to sign
the attached letter, is required to support this funding request. Staff would
prepare the rest of the package including finalizing the funding proposal (also
attached).
Suggested Factors in Council's Consideration of a Resolution:
Alignment with PIaySJ — Market Place West is identified as a District recreation
facility in PIaySJ where investment is encouraged. PIaySJ promotes co -location
of recreation assets and the splash pad would be adjacent to a community
centre, playground, ball field and community garden among other amenities.
Although a splash pad at Market Place West is not specifically identified as a
priority in PIaySJ, this type of Capital investment is supported.
Community Commitment and Support —There is strong community
commitment and support for the Market Place West Splash Pad project. There is
a Master Plan for the Market Place West recreation facility that was created in
part through neighbourhood consultation and the splash pad was incorporated
into this Master Plan. There is a dedicated committee that has been working
hard on this project. Corporate partners of the Port of Saint John and DP World
have demonstrated their financial commitment to the project.
Serving a Priority Neighbourhood — Lower West is one of five Priority
Neighbourhoods in the City. This splash pad would be constructed in and serve
this priority neighbourhood.
Council's Provincial and Federal Funding Priorities - Common Council has
previously identified its priorities for seeking Provincial and Federal Capital
funding and the Market Place West Splash Pad Project is not one of these
priorities. This project would be funded from the RDC's 2017-2018 fiscal budget.
The RDC has confirmed requesting funds for this project will not jeopardize other
current City applications but the same guarantee cannot be said for future
projects. By requesting RDC funding for this project at this time there is a risk of
not acquiring RDC funding for higher priority projects Council may choose to
focus on of the Province's 2017-2018 fiscal year. Staff are concerned that
Council has not been able to fully revisit their list of priority projects before
considering the application for this specific splash pad project.
Asset Management — Council recently approved an Asset Management Policy
that compels Council to consider asset investments from a lifecycle cost
perspective. Lifecycle costs beyond the Capital investment to construct the
180191
-3 -
splash pad are required to manage this new recreation asset. The total average
annual cost for this splash pad including, financing, operating/ maintenance and
depreciation would be approximately $52,000.00 per year over the 15 year debt
payback period, which would be new operating budget commitments. It is
important to note that other PlaySJ initiatives are mitigating asset lifecycle cost
commitments; the rationalization of City ball fields and playgrounds are reducing
infrastructure deficits and co -location of facilities at Regional and District
recreation facilities are reducing time spent travelling by maintenance crews.
Other Future Recreation and City Capital Investments — Other Capital
investments in recreation facilities will either be required in the future or have
been previously suggested. These include replacement of the City's four aging
arenas within the next 10 years or so, continued investment at the Canada
Games Aquatic Centre and other developed regional or district master plans
including at Rockwood Park, Rainbow Park, Shamrock Park, Dominion Park, and
Harbour Passage. The City's Capital spending needs to be limited to control
debt; the City's Capital spending on this splash pad project would take the place
of spending on these recreation projects or other City Capital priorities. There is
a current backlog of approximately $40 million in capital expenditure requests
deferred as part of the 2017 capital budget.
Unconfirmed Project Funding — Approximately $50,000 of funding necessary to
complete the project remains unconfirmed after the corporate, City, RDC
funding and fundraising efforts have been accounted for. This funding must be
secured before the construction tender is advertised and therefore there
remains uncertainty regarding project timelines.
Uncertainty of Tender Cost —The market of contractors available to construct
splash pads is relatively small, in the range of 2-3. With this small market comes
some uncertainty as to the tendered prices that may be received. In the case of
the Rainbow Park Splash Pad, the initial tender price was much greater than the
project estimate and the project was retendered together with the Fleming
Court Splash Pad. The risk of cost overruns would be borne by the City.
Return on Investment —There are social benefits of a splash pad on Market
Place West through improved access to recreation for a Priority Neighbourhood
with transportation challenges, albeit difficult to measure. The investment
would also compliment the City's recent investments in the adjacent Carleton
Community Centre. There are no counts on how many residents use the existing
Rainbow Park or Fleming Court splash pads to quantify the demand. A short
"summer" season and inclement weather limits the number of days an outdoor
aquatic facility would be used; assuming 60 usable days, the lifecycle cost per
usable day of the splash pad would be approximately $867.00 over the 15 year
debt payback period.
PREVIOUS RESOLUTION
Wel
-4 -
The following resolution was adopted by Common Council in December 2017:
Moved by Councillor Merrithew, seconded by Councillor Norton:
RESOLVED that as recommended by the City Manager in the submitted report
M&C 2016-287:2017 General Capital Budget, Common Council approve the 2017
General Capital Budget in the amount of $22,410,250 (gross) with contributions
from other sources of $12,237,750 yielding a net Capital budget in the amount of
$10,172,500 (net) as set in Exhibit 1; and further, the West Side Splash Pad be
added on the 2017 Capital Budget contingency list for the amount of $250,000,
contingent on matching funds of $250,000 being raised.
STRATEGIC ALIGNMENT
Construction of the Market Place West Splash Pad supports Investment in
recreation experiences that create a sense of community pride. Considering
lifecycle cost implications, limits on Capital spending and prioritizing investments
as detailed in this report demonstrates commitment to asset management, fiscal
responsibility and strategic investment decisions.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Staff from Finance and Administrative Services provided input to this report.
ATTACHMENTS
Letter from the City of Saint John indicating support for the project
Funding Proposal to RDC
WIN
March 16, 2017
His Worship Mayor Don Darling and City of Saint John Common Council Members
City of Saint John
15 Market Square
PO Box 1971
Saint John, New Brunswick
E21-41-1
Re: Request for council support to release contingent funds for the Carleton Community Splash
Pad to capital and endorsement of RDC proposal.
Dear Mayor Darling and Council Members,
I am writing on behalf of the West Side Community Partnership requesting that this letter be
submitted for consideration and added to the March 20th council agenda.
As you are aware, our committee has been working diligently over the past several months to
secure funding that will allow for the construction and completion of the long awaited Carleton
Community Splash Pad. This project has been a desire of West Side residents for the past five
years and we are so very pleased that we have been successful in gaining corporate support in
the amount of $100,000, with the potential for more sponsorship with the city's endorsement.
Please understand that this neighbourhood has lost their elementary school (St Patrick's) and
two playgrounds (St Patrick's and King Square West), during these past five years and that this
splash pad is much needed and much wanted by the community. This initiative aligns with
PlaySJ in that it reinvests in a district playground that will serve a broader population.
Given the evidence of matched funds that were contingent on the city's $250,000 investment,
the West Side Community Partners request that common council approve the city's
commitment as a capital expense in order to meet a 2017 project completion. We are asking
city staff to submit the splash pad funding proposal to the Regional Development Corporation,
accompanied by a signed letter of support from the mayor. Urgency of the request for approval
is to meet a 2017 construction timeline and to secure the corporate funding that is allocated
from their 2017 calendar year.
Thank you for your consideration in this matter.
Sincerely,
Jill Roberts RN BN, on behalf of the West Side Community Partnership
Jill. Roberts gHOrizonNB.Ca
`IN
FundingProposal
Market Place Splash Pad Project
3/21/2017
City of Saint John
( 4-)"- SAINTJOHII
Funding Proposal fwf
Market Place Splash Pad
Saint John, New Brunswick
The City of Saint John is seeking provincial funding support to construct a splash pad in the City's lower
west side. This significant capital project will serve to provide accessible recreational opportunity for
residents of the community and its neighbours. The scope of work includes the waterlines and drainage
infrastructure, electrical, concrete pad, base, a service facility, equipment and installation, signage and
landscaping. The splash pad will echo the size and playability of Flemming Court Splash Pad located in
the Saint John's north end.
The anticipated realisation of this project would not be possible without acknowledging the tremendous
support of the local community. While the land and project are owned by the City of Saint John,
fundraising efforts were spearheaded by local stakeholders. The West Side Community Partnership is a
committee that brings together the various community organizations and service providers of the Lower
West Side. The committee meets regularly to share information and resources, and to forge
partnerships in order to enhance the delivery of programs and services to meet the needs of lower west
side residents. They are the eyes and ears of the community and have direct daily contact with
residents.
K -
Jill Roberts, Market Place Wellness Centre, Horizon Health I Carleton Community Garden
Krista Turnbull, St. Patrick's School
Shelley Scott, West Side Food Bank
Julie Baribault, Westside P.A.C.T.
David O'Toole, Carleton Community Centre Advisory Board
my T �-#IITTTM
Councillor Gerry Lowe, City of Saint John
Chuck Edison, Carleton Community Centre, City of Saint John
Lori Lambert, Parks & Recreation, City of Saint John
SAINT JOHN Market Place Splash Pad Project I City of Saint John I Saint John, New Brunswick
205
The Lower West Side, also known as Carleton, is one of five Priority Neighbourhoods in Saint John. With
Saint John identified as the second poorest city in Canada, 33% of the community lives in poverty. Many
are single -parent families who struggle with food security, poor health, lack of education,
unemployment and challenges with transportation.
With the goal of improving quality of life for residents and revitalizing the neighbourhood, a conceptual
plan for Market Place was unveiled in 2010 based on community input. The plan's vision was the full
use of Market Place land for recreation, including a new playground, outdoor fitness equipment, a skate
park, and a volleyball court, with elements of Harbour Passage tied into the design features.
Following the installation of splash pads in other Priority Neighbourhoods in Saint John (lower South
End, North End), Market Place plans were revised to accommodate a splash pad in a future phase of the
project. In 2012, during the construction of Phase 1, the land was excavated, an engineered fill base
laid, piping and draining, and concrete retaining wall blocks were installed.
7=7
Built on a steep hill and surrounded on three sides by the Saint John Harbour, residents of Carleton
greatly rely on Market Place for the recreational and wellness needs. The ultimate goal of the Market
Place Splash Pad is to bring the cottage and beach to residents who otherwise do not have the means to
access these summer recreation destinations. Approximately two hundred neighbourhood children
ages 5-12 attend St. Patrick's School. In September 2017, these children will join the newly constructed
school in neighbouring Fundy Heights with an anticipated population of nearly five hundred. Not only
will the splash pad provide accessible recreation opportunities for lower west side residents, it will serve
as an attraction to bring hundreds of Saint John residents and visitors to the area.
Splash Pad Benefits
Q Provides opportunity for safe, active outdoor play for all ages and abilities.
Q Supports Saint John's Community Vision to revitalize priority neighbourhoods.
Q Aligns with Common Council priorities to invest in recreational experiences that create a sense of
community pride.
Q Overcomes transportation barrier for families to access to a free enjoyable entertainment attraction.
Q Enhances existing assets and positions Market Place to become the hub of recreation and wellness in
the west side
Q Aligns with PlaySJ to develop district parks for recreation.
Q Serves as a lure to access other programs and services offered in the area.
Q Stimulates more investment in the area.
SAINT JOHN Market Place Splash Pad Project I City of Saint John I Saint John, New Brunswick
206
The cost of the Market Place Splash Pad Project is estimated at $652,000 (incl HST). A complete detailed
report provided by the Glenn Group Ltd. is attached (see APPENDIX C). The City of Saint John is
requesting that the Regional Development Corporation match the City's commitment. Additional funds
by way of corporate sponsors and fundraising activities have been raised due to the efforts of the West
Side Community Partnership.
Revenue Sources
City of Saint John (applicant) $250,000
Regional Development Corporation $250,000
Corporate Sponsor: Port of Saint John $50,000
Corporate Sponsor: dp World $50,000
Corporate Sponsor (unconfirmed) $50,000
Fundraising activities ($1000 raised to date) $2,000
TOTAL $652,000
April 2017 — October 2017
Pending the immediate approval of funding, the timeline aims to have construction completed by the
end of October 2017 before weather prohibits work. This would mean the preparation of tendering
documents would begin in April.
III L III IIIII� I III ulll III IIII)I IIII��II�II
1 2 3 44 1 2 3 4 1 2 3 44 1 2 3 44 1 2 3 44 5 1 2 3 44 1 2 3 44
Tender documents
Bridget rev�ewvws
Tender
Award
Coo-nstructuon
SAINT JOHN Market Place Splash Pad Project I City of Saint John I Saint John, New Brunswick
207
w w w
Ms. Lori Lambert
Community Liaison
City of Saint John
Email: lori.lambert@saintjohn.ca
Telephone: (506) 658-4521
Mailing Address: Physical Address:
Parks & Recreation 171 Adelaide Street
City of Saint John Saint John, NB E2K 1W9
PO Box 1971
Saint John, NB E21- 41-1
SAINT JOHN Market Place Splash Pad Project I City of Saint John I Saint John, New Brunswick
208
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Class C Opinion of Probable Cost
22 -Nov -12
Demolition Site Work
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Prepared By: Glenn Group Ltd.
Rough Grading
700
mz
$ 3.00
$ 2,100.00
Finish Grading
700
mz
$ 5.00
$ 3,500.00
Cut Unsuitable Materials
650
m3
$ 20.00
$ 13,000.00
Gravel Sub Base (1 Meter Rip Rap)
309
mz
$ 30.00
$ 9,268.23
Landscaping
Topsoil -Sod
1035
mz
$ 10.00
$ 10,350.00
Planting - Soil
20
m3
$ 30.00
$ 600.00
Mulch
10
m3
$ 25.00
$ 250.00
Shrubs
3
each
$ 100.00
$ 300.00
Perennials
30
each
$ 30.00
$ 900.00
Benches
5
each
$ 2,500.00
$ 12,500.00
Concrete Sidewalk
8.5
mz
$ 70.00
$ 595.00
Retaining Wall
12
mz
$ 650.00
$ 7,800.00
Retaining Wall Base & Drainage
1
each
$ 1,500.00
$ 1,500.00
Retaining wall steps
1
each
$ 2,500.00
$ 5,000.00
Splash Pad
Waterline
38.5
I'm.
$ 130.00
$ 5,005.00
Waterline Connection
1
each
$ 500.00
$ 500.00
Backflow Preventer
1
each
$ 2,500.00
$ 2,500.00
CID Connection
1
Lump
$ 1,000.00
$ 1,000.00
Storm Line
50
Lm.
$ 120.00
$ 6,000.00
Equipment
1
Lump
$ 300,000.00
$ 300,000.00
Water Tank
1
Lump
$ 20,000.00
$ 20,000.00
Reinforced Coloured Concrete Pad & Equipment Install
289
mz
$ 300.00
$ 86,700.00
Concrete Pad Perimeter
204
mz
$ 60.00
$ 12,240.00
Concrete Pad Insulation
485
mz
$ 20.00
$ 9,700.00
Gravel Base (0.15)
43
mz
$ 40.00
$ 1,734.00
Service Building
Building w deck
275
sf
$ 175.00
$ 48,125.00
Electrical Drop
1
ea.
$ 2,500.00
$ 2,500.00
Security Upgrades
1
ea.
$ 2,500.00
$ 2,500.00
Contingency 10%
$ 56,616.72
Subtotal
$ 622,783.95
12% Contractor Ad min./Markup Etc.
$ 74,734.07
Subtotal
$ 697,518.03
10% Consulting Fees
$ 69,751.80
Testing and Inspection
$ 2,500.00
15% HST
$ 90,677.34
I
y
SAINT JOHN Market Place Splash Pad Project I City of Saint John I Saint John, New Brunswick
210
APPENDIX C — ESTIMATE B (revised estimate with cost saving alternatives to reflect project budget)
..............
Class C Cost Estimate with Optional Budget reduction measures
22 -Nov -12
Or, I '( , rpl@111011"
Prepared By: Glenn Group Ltd.
OPTION A - REMOVE FEATURES
Landscaping
Removal of Planting
1
Lump Sum
1,250.00
1,250.00
Removal of Benches
S
Ea.
2,500.00
12,50D,00
Splash Pad
Equipment
Removal of Octopus or Lighthouse Features
1
Lump Sum
9,500.00
$
9,500,00
Removal of WaterJourney Feature
1
Lump Sum
50,000.00
50,000.00
Removal of Luminary Spray Features
1
1 Lump Sum
$
14,500.00
14,500.00
Reduction of Pad size by 10%
1
Lump Sum
10,000.00
10,000.00
Removal of Concrete Colouring and Design
1
Lump Sum
ID,000.00
$
10,OOD.00
Service Building
Remove Security System
1
ca.
2,500.00
$
2,500.00
Contingenry 40%
5
45,894.72
Subtotal
$
95
12% Contractor Admin /Markup Etc
60,57707
Subtotal
565,38603
IY, Consulting
Foes
56,54860
Testing and lnspectian
is
2,50000
OPTION B WATER TREATMENT REMOVAL
Landscaping
Removal of Planting
1
Lump Sum
1,250.00
$
1,250,00
Removal of Benches
5
Ea.
$
2,500.00
$
12,50D,00
Splash Pad
Equipment
Removal of Water Treatment System
1
Lump Sum
$
5D,000.00
$
50,OOD.00
Removal of Octopus or Lighthouse Features
1
Lump Sum
$
9,500.00
$
9,50D.00
Removal of Luminary Spray Features
1
Lump Sum
$
14,500.00
$
14,500,00
Reduction of Pad size by 10%
1
Lump Sum
$
10,000.00
$
10,000,00
Removal of Concrete Colouring and Design
1
Lump Sum
$
ID,000.00
$
10,OOD.00
Service Building
Remove Security System
1
ca.
$
2,500.00
$
2,50D.00
Coatinq6OCY10%
45,891,72
Subtotal
504,3618 95
12% Contractor Admip 1Mnrk.p Etc
60,57707
Subtotal
565,38603
I0% Consulting
Fees
56,53860
Testing and Inspection
2,5616100
SAINT JOHN Market Place Splash Pad Project I City of Saint John I Saint John, New Brunswick
211
Port, Saint John
December 21, 2016
West Side Community Partnership
c/o Chuck Edison & Jill Roberts
Carleton, Community Centre
QZMarket Place
Dear Mr. Edison and Ms. Roberts,
Thank you for the recent meetings with our team inwhich you and your colleagues hmthe West Side
Community Partnership outlined the proposal to have a splash pad/water park created at the Carleton
Community Centre at Market Place.
VVewere touched bythe dedication ofyour group and your goal tnprovide opportunities for the
neighborhood nfthe West Side and weappreciate that the need for both government and corporate
funding support isgenuine.
VYeare pleased inadvise, that our Board ofDirectors has approved funding huthe 2U27calendar year ut
$50,000 for the splash pad/water playground project at the Carleton Commumity Centre on Market
Place. This funding is contingent on the West Side Community Partnership securing the remaining
amount required for the project.
VVelook forward tmthe positive outcome ofthis project and wewill beready tudiscuss any publicity
opportunities when the time arises. With respect toany future publicity opportunities, please
coordinate with Paula Copeland at (506) 650-5288 or
Philip Brower Jim
Board Chair President & CEO
n,'"uc Water smPe^saA*John, wP. w/Nouvpm� ffi unswvk c==h ER OB I
PA N
'll
0
February 27, 2017
West Side Community Partnership
c/o Jill Roberts
By email: Jill.Roberts@HorizonNB.ca
Dear Jill:
As previously discussed on the telephone, please accept this letter as confirmation of a
$50,000 commitment towards the West Side Splash Pad Project by our partner DP World
Saint John. As with the Port Saint John funding commitment ($50,000), this DP World Saint
John commitment is contingent upon all other funding being secured.
We hope that this will help make this a reality in 2017 and we look forward to moving
forward with the project.
Sincerely,
Manager of Corporate Communications & Governance
Port Saint John
JI,Im i'v IN(, v m14i iw,vdirK 1 mwdY I'.)I Ob!
a, I C,[,,, ,.'l r, r 5v, 114 F S p P G6 t,%'IDM
PA 191
Mayor Don Darling
Mayor's Office
Bureau de maire
Ms. Lisa Hay-Busson
Project Development Officer
Regional Development Corporation
Chancery Place
PO Box 6000
Fredericton NB E313 1G1
March 21, 2017
Dear Ms. Hay-Busson,
I am writing to confirm the support of the City of Saint John and Saint John Common Council for the Market Place
Splash Pad Project. Enclosed you will find a detailed funding request to the Regional Development Corporation's
Strategic Projects Fund. The total cost of the project is estimated at $652,000, including HST. Saint John
Common Council is pleased to commit $250,000 and is requesting RDC match that commitment.
The splash pad has been the desire of the lower west side community since 2012. It is a part of the master plan
developed for Market Place West and aligns with PlaySJ, the City of Saint John's Parks and Recreation Strategic
Plan. Considering these factors and the cost-sharing opportunity that presents itself, Common Council felt the
time was right to devote capital funds for this project.
Much credit must go to a grass roots committee, the West Side Community Partnership, who took it upon
themselves to gain community and corporate support for this project. This is a neighbourhood that faces
significant poverty -related challenges, including the means to access recreation assets outside of the area. Nearly
five hundred children will attend the new elementary school nearby in September 2017. There is no doubt that a
splash pad in the area will enhance the quality of life of many residents of the lower west side and its
neighbouring communities.
Thank you for considering this request. I hope that the attached proposal demonstrates the merits of this project
and that RDC will chose to support it in the same capacity as the City of Saint John.
Sincerely,
Don Darling
Mayor
P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Can
PAE1
On behalf of 527 Simonds Squadron Royal Canadian Air Cadets, I am writing to ask if you would
present Bronze Duke of Edinburgh Awards to five of our cadets during the April 3rd Council
Meeting.
The cadets who have achieved their Bronze Awards are:
Flight Sergeant Ethan Wilson
Sergeant Devin Debly
Sergeant Adam Hargrove
Sergeant Devon Richard
Flight Corporal Megan Costain
The Bronze Duke of Edinburgh Award is the first of three levels of the International Award
Program developed by Prince Charles the Duke of Edinburgh. The Bronze Award takes a
minimum of six months commitment to a Service, a Skill, Physical Fitness, as well as
participation !in an Adventurous Journey. The cadets range in age from 14 to 18 years of age.
We are proud of their accomplishment and would be very pleased if you could present these
awards to them.
Lt. Lorna Hargrove
527 Simonds Squadron
PhN'7
The City of swat John
March 20, 2017
Deputy Mayor and Councillors
Subject: Insurance Services
The Committee of the Whole, having met on March 20, 2017, made the following
recommendation:
RESOLVED that as recommended by the Committee of the Whole, having met on March 20th,
2017, Common Council adopt the following:
1. That the official Agent of Record be changed to JM & CW IHlope Grant Ltd. effective April 1,
2017;
2. Issue payment to BFL Canada in the amount of $798,285 for insurance premiums; and,
3. The Agency Fee of $25,400 be split between Hub International Atlantic Limited and JM & CW
Hope Grant Ltd. in the amount of $6,350 payable to Hub International Atlantic Limited and
$19,050 payable to JM & CW Hope Grant Ltd.
Sincerely,
n
J,
y° °74
& DINT rho i,'I FIS.). Box 10711 wird �bkff' IJ"! + ati a"i"� ",jl 4t I u; nH 111171[ °„ gut I��='louu� Ir"J, h' 1�'w`. t4 1
21�
r
AI
t
1111je Uty of Sam John
March 20, 2017
Deputy Mayor and Councillors
Subject: Saint John Energy Optimization
The Committee of the Whole, having met on March 20, 2017, made the following
recommendation:
RESOLVED that as recommended by the Committee of the Whole, having met on March 20th
2017, Common Council adopt the following resolution:
RESOLVED that:
The Power Commission of The City of Saint John, doing business as Saint John Energy (SIE) be
requested to undertake due diligence inquiries on behalf of the City with respect to potential
initiatives for revenue generation associated with electric power, which might come to its
attention from time to time, with such due diligence to proceed with the assistance of such
municipal officers and employees as the City sees fit; and further SJE report to the City in a
timely manner as material information respecting such potential initiatives or the results of the
aforesaid inquiries is available.
Sincerely,
'�JOHN R 0. Box 1I9,�11hiiti �JoIII'in, IkNAII3 ¢. 'niachIIE'21- Z�� �� a�,�,��P�����s���i�.g���b��r� �,,� � �(` I '119,71 5,diit tio,hiro II���. "x @ (-'ai ostia [21 J
March 20, 2017
Deputy Mayor and Councillors
Subject: Letter of Support for Extended Hours for Local Bars
The Committee of the Whole, having met on March 20, 2017, made the following
recommendation:
RESOLVED that as recommended by the Committee of the Whole, having met on March 20th,
2017, Common Council authorize the City to provide a letter of support for an extended hours
licence as referenced in the Liquor Control Act to allow active licensees in good standing to
extend hours of service until 3 a. m. during the East Coast Music Awards from April 26 to 30,
2017.
Sincerely,
Don Darling
Mayor
A
r��
VRo Box 1 '7'1.E<<Rnt'f'on 111NIVI� ("u iw"Aa ["I V, w{uvvv, """no n' I P 110/1'Pk Sr""nIH'i ija4'u�¢6 c� Ir;. k L "11..24,A
218
7he City of SaWt John
March 20, 2017
Deputy Mayor and Councillors
Subject: Letter of Support for ACOA Funding for New Boardwalk Stage
The Committee of the Whole, having met on March20, 2017, made the following
recommendation:
RESOLVED that as recommended by the Committee of the Whole, having met on March 20th
2017, Common Council send a letter of support for the application to ACOA for funding for a
new stage at the Market Square Boardwalk.
Sincerely,
k7Of"4 a 'v?'uU`�.�"r'Ik v.�i�i� �'?��IIYI,°II�G ;ti W °U R �Fw°,''' . ° p ,.-�„� o�„ �'sY IES �� yl4�:'II
�u� Q ou �ouA �� �� ��
216
March 20, 2017
City of Saint John
15 Market Square
Saint John N.B.
E2L 4L 1
c �
RIC1'4AR 2 (3, 01?
Attention: The Honourable Don Darling and Members of City of Saint John Council
Dear Mayor Darling and the Members of City Council:
Please accept this as an update and subsequent request to present this information regarding the
Canada 150 Infrastructure Program partnership for the community waterfront stage
refurbishment.
The North Market Wharf Cultural Association (non-profit organization) proudly hosts
signature festivals and events free of charge and open to the public. As the venue for over a
hundred festivals and events throughout the year, daily programming throughout the summer
season, and the upcoming Canada 150 celebrations, this outdoor, waterfront stage is the heart
of the community.
With the Boardwalk stage quickly approaching its eighteenth season, the current infrastructure
is far past its usability-. Minor fixes and adjustments are no longer enough for this landmark to
maintain its reputation and surpass the expectations of the thousands of tourists and locals,
year after year.
With the support of the City of Saint John as a co -applicant for ACOA funding, the Boardwalk
stage will receive not only a much needed upgrade structurally, but also cosmetically. This will
act as a major catalyst to maintain momentum and continue the journey to excellence in
programming goals.
Attached is a quote provided by Avant Garde Construction to replace the existing stage as well
as additional information regarding the upgrade of sound and electrical equipment; the
necessary pieces required to achieve the goals outlined above.
One Market Square Saint John N.B. E2L 4Z6
PIXI7
Should any additional information be required, please do not hesitate to contact the North
Market Wharf Cultural Association at your earliest convenience. Please note that this matter is
of an urgent nature as ACOA is quickly approaching the final stages of funding allocation.
Yours Truly,
No rtl 5 . ket Wharf Cultural Association
a
6
Stephany Peterson
Arts+Culture Director
cc: North Market Wharf Cultural Association Board of Directors
Peter Stoddart
Chris Grannan
Matt Costain
Phil Croft
Corey McGill
Lori Cleveland
cc: Heather Peterson, Regional Property Manager, The Hardman Group Limited
Colin Whitcomb, Executive Vice President, The Hardman Group Limited
One Market Square Saint John N.B. E2L 4Z6
221
`Ik\\
Construction and Management Inc,
D te: January 2017
roje : Boardwalk Stage
CH_nt : North Market Wharf Cultural Association
Avant -Garde Job ;i: E-2328
7i rylq�
SCOPE
, E...... k T _u
OUTLINE SCOPE OF WORK
Removal of the existing boardwalk stage and supply and installation of a new one to the
National Building Code of Canada.
Division 1: General Conditions
1. Supervision and project management
2. Building permit obtained by Avant -Garde
I WorkSafe and general liability insurance
4. Safety and temporary barricades
5. Periodic and final cleaning and trash removal
Division 2: Demolition
6. Demolition and removal from site of the entire wood structure
i<�nsi.O,n, fi ,'Ncad a.ry c rngn
7. Supply and installation of identical size wood structure with stairs and landing at the exit
door and re -using the existing steel beam
Division 7: Roofing
8. Supply and installation of 25 year 3 tab shingles on new black paper with drip edges
Divl9pn. 8: AO.Qrs anS ,,, YLnd_q s
9. Doors
10. Supply and installation of 1 pressed steel frame, 1 steel door 36" cjw hinges, chain stop
and lever lockset
Division -9 :. ,f= _F!isbes
11. Painting
12. Paint new building structure with 2 colors as per the existing
E-2328 Project Scope and Estimate 20161117
184%
1 of 2
t- rde,
Mjsfon 16: Electrical a mm i° ions
13. Supph and installation of 6 new LED 8' strip Ilghtiricm
14. Disconrect and rcrnnml I'o' re -use of e4stirr� electrical na—nei
15. Dismaned aerial line for re -use in new buil-Mg
16. vin. wiring as existirµ:
i oW Price 56,CN1
HST Extra
5r)20ftc E,,.Jusiers:
- Remoa-al rend re-InsmNa ton cf grind screens
- $1,500 (approximately
- Signage and mural
- $3,5G0 (approximateiy)
- Remotmi and instalkiton oil all and o/IEghting equirxnenit/rtvpe ligh'Or:E4
o :5,500 (approximate!! ly)
- Ne`vv ales riml penel
"-1,200 (approximately)
TOTAL: $12, y0 FIST Extra
GRAND -ro,TAI-: $68,700 HS)T Extra
E-2328 Project Scope and Estimate 20161117
NOW
Project .15
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