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2017-07-10_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting AGENDA Monday, July 10, 2017 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plait utiliser 1'entree Chipman Hill Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Pages 1. Call to Order 2. Approval of Minutes 2.1 Minutes of June 26, 2017 1 - 7 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Designation of Inspection Officer (Recommendation in Report) 8-11 5.2 Demolition of Vacant, Dilapidated and Dangerous Building at 192-194 St. James 12-35 Street West (PID # 367722) (Recommendation in Report) 5.3 Human Development Council - Reply to Mandate Letter (Recommendation: 36-36 Receive for Information) 5.4 Saint John Development Corporation - Acceptance of Mandate Letter 37-37 (Recommendation: Receive for Information) 5.5 Saint John Airport - Request to Present to Council (Recommendation: Refer to 38-39 the Clerk to Schedule) 5.6 Leonard Thorbume Submission re: Truck Traffic on Glen Road / Request to 40-41 Present (Recommendation: Refer to City Manager) 5.7 Aaron Everett Submission re: Parking in the South / Central Peninsula 42-43 1 Poeta Sy: (L (Recommendation: Refer to the Parking Commission) 5.8 Saint John Learning Exchange License for Snack Stand at Fallsview Park 44-61 (Recommendation in Report) 5.9 Public Information Session: Tilley Avenue - Sanitary Lift Station and Sewer 62-64 Improvements (Recommendation: Receive for Information) 5.10 Contract No. 2016-05: Tilley Avenue - Sanitary Lift Station and Sewer 65-67 Improvements (Recommendation in Report) 5.11 Award of Tender - Carleton Community Centre Window Replacement Phase 68-70 Two (2017-085101T) (Recommendation in Report) 5.12 Planning Advisory Committee - Subdivision 180 Cosy Lake Road 71-76 (Recommendation in Report) 5.13 Planning Advisory Committee - Subdivision Lands adjacent to 165 Mcllveen 77-87 Drive (Recommendation in Report) 5.14 Contract No. 2017-14: Howes Lake Landfill - Cover Repairs (Recommendation 88-90 in Report) 5.15 2017-463002P -Packaged Wastewater Treatment Plant- Moma and 91 -93 Greenwood Wastewater Treatment Plant Upgrades (Recommendation in Report) 5.16 2017 General Specifications Revisions (Recommendation: Receive for 94-97 Information) 5.17 2017 General Specifications Revisions - Policy Revisions (Divisions 2, 5 & 6) 98-107 (Recommendation in Report) 5.18 P. Hart Letter re: Rockwood Park (Recommendation: Receive for Information) 108-108 5.19 Engineering Services - Central and East Saint John Sanitary Sewer and Storm 109-113 Water Model Development (Recommendation in Report) 5.20 City Market Tower - Phase 1 Envelope Rehabilitation and 114-118 Structural Remediation (Recommendation in Report) 5.21 Beautification Grant Program - Budget Request (Recommendation in Report) 119-120 6. Members Comments 7. Proclamation 7.1 Hepatitis Awareness Day - July 28th, 2017 121 - 121 8. Delegations / Presentations 9. Public Hearings - 6:30 p.m. K 9.1 Proposed Section 39 Amendment 700 Somerset Street with Planning Advisory 122-158 Committee report recommending Section 39 amendment 9.2 Proposed Zoning Bylaw Amendment 45 Noel Avenue with Planning Advisory 159-198 Committee report recommending Rezoning 9.2.1 Zoning Bylaw Amendment - 45 Noel Avenue (1 st and 2nd Reading) 199-208 9.3 Proposed Zoning Bylaw Amendment 65 University Avenue with Planning 209-239 Advisory Committee report recommending Rezoning 9.3.1 Zoning Bylaw Amendment - 65 University Avenue (1 st and 2nd 240-247 Reading) 9.4 Stop Up and Close a portion of Tilley Avenue (1 st and 2nd Reading) 248-250 10. Consideration of By-laws 11. Submissions by Council Members 11.1 Garbage Bylaw Review (Deputy Mayor McAlary) 251 -252 12. Business Matters - Municipal Officers 12.1 AquaHawk Customer Portal - Saint John Water 253-283 13. Committee Reports 13.1 Finance Committee: Fleet Replacement Procurement - July 2017 284-288 -349 13.2 Finance Committee: 2016 Consolidated Financial Statements 289-340 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Tir na nOg Forest School - Request to Present to Council 341 -349 15.2 Loch Lomond Villa Foundation - First Annual Golf Fundraiser 350-352 16. Supplemental Agenda 17. Committee of the Whole 17.1 Recommended Appointments to Saint John Port Authority 353-353 17.2 Nomination of Member of Council to participate in Value Proposition Exercise 354-354 18. Adjournment K3 City of Saint John Common Council Meeting Monday, July 10, 2017 Committee of the Whole 1. Call to Order Si vous avez besoin des services en fran�ais pour une r6union de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 10.(2)(4) of the Municipalities Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:30 p.m., 8th Floor Boardroom, City Hall 1.1 Approval of Minutes 10.2(4) 1.2 Land Matter 10.2(4)(4) 1.3 Financial Matter 10.2(4)(c) 1.4 Legal Matter 10.2(4)(f,g) 1.5 Nominating Committee 10.2(4)(b) 1.6 Financial Matter 10.2(4)(c,d) 1.7 Nominating 10.2(4)(b) C! Ville de Saint John Reunion du conseil communal Lundi 10 juillet 2017 18 h, salle du conseil Comit6 pl6nier 1. Ouverture de la s6ance 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. Chacun des points suivants, en totalite ou en partie, peut faire 1'objet d'une discussion en prive en vertu des dispositions prevues a Particle 10 de la Loi sur les municipalites. Le conseil/comite prendra une ou des decisions a cet egard au cours de la seance publique 16 h 30 — Salle de conf6rence, 8e 6tage, h6tel de Ville 1.1 Approbation du proces-verbal — paragraphe 10.2(4) 1.2 Question relative aux biens-fonds — alinea 10.2(4)d) 1.3 Question financiere — alinea 10.2(4)c) 1.4 Question juridique — alineas 10.2(4, g) 1.5 Comite des candidatures — alinea 10.2(4)b) 1.6 Question financiere — alinea 10.2(4)c) 1.7 Comite des candidatures — alinea 10.2(4)b) S6ance ordinaire 1. Ouverture de la s6ance 2. Approbation du proces-verbal 2.1 Proces-verbal de la seance tenue le 26 juin 2017 3. Adoption de Pordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a Papprobation du conseil 5.1 Nomination d'un agent des inspections (recommandation figurant au rapport) 5.2 Demolition du batiment vacant, d&labr& et dangereux situ& au 192-194, rue Saint James Ouest (NID 367722) (recommandation figurant au rapport) 5.3 Conseil du perfectionnement social de Saint John : r6ponse a la lettre de mandat (recommandation : accepter a titre informatif) 5.4 Saint John Development Corporation : acceptation de la lettre de mandat (recommandation : accepter a titre informatif) 5.5 Demande faite par 1'A&roport de Saint John en vue de se pr6senter levant le conseil (recommandation : transmettre au greffier pour fixer une date) 5.6 Intervention de Leonard Thorburne concernant la circulation des camions sur le chemin Glen et demande en vue de se pr6senter levant le conseil (recommandation : transmettre au directeur g&n&ral) 5.7 Intervention d'Aaron Everett concernant le stationnement dans la p6ninsule centre-sud (recommandation : transmettre a la Commission sur le stationnement) 5.8 Saint John Learning Exchange: Demande de permis pour exploiter un kiosque alimentaire (collations) au pare Fallsview (recommandation figurant au rapport) 5.9 S&ance d'information publique : avenue Tilley — Am6liorations de la station de rel&vement des eaux us&es et des &gouts (recommandation accepter a titre informatif) 5.10 Contrat ri 2016-05 : avenue Tilley — Am6liorations de la station de relevement des eaux us&es et des &gouts (recommandation figurant au rapport) 5.11 Adjudication du contrat — Phase 2 du remplacement des fenetres du centre communautaire Carleton (2017-085101 T) (recommandation figurant au rapport) 5.12 Comit& consultatif d'urbanisme — Demande d'am&nagement de lotissement au 180, chemin Cosy Lake (recommandation figurant au rapport) 5.13 Comit& consultatif d'urbanisme — Projet de lotissement visant le terrain adjacent au 165, promenade McIlveen (recommandation figurant au rapport) 5.14 Contrat ri 2017-14 — Site d'enfouissement du lac Howes : recouvrement des r6parations (recommandation figurant au rapport) 5.15 DP 2017-463002P — Usine de traitement des eaux us&es domestiques prete A Femploi : Modernisation de Fusine d'&puration des eaux us&es de Morna et Greenwood (recommandation figurant au rapport) 5.16 Examen des specifications g&n&rales pour 1'ann&e 2017 (recommandation accepter a titre informatif) 5.17 Examen de la politique relative aux specifications generales pour 1' ann&e 2017 (sections 2, 5 et 6) (recommandation figurant au rapport) 5.18 Lettre de P. Hart concernant le pare Rockwood (recommandation : accepter a titre informatif) 5.19 Services d'ing&nierie — Elaboration d'un mod&le pour les &gouts sanitaires et les eaux pluviales des quartiers Central et East Saint John (recommandation figurant au rapport) 5.20 Tour du march& municipal, phase 1 — Mection de F enveloppe et de la structure (recommandation figurant au rapport) 5.21 Programme de subvention d'embellissement — Demande de cr&dits budg&taires (recommandation figurant au rapport) 6. Commentaires pr6sent6s par les membres 7. Proclamation 7.1 Journ&e de sensibilisation a 1'h&patite — le 28 juillet 2017 8. D616gations et pr6sentations 9. Audiences publiques —18 It 30 9.1 Projet de modification de Particle 39 visant le 700, rue Somerset, accompagn& du rapport du Comit& consultatif d'urbanisme recommandant la modification de Particle 39 9.2 Projet de modification de 1'ArrW de zonage visant le 45, avenue Noel, accompagn& du rapport du Comit& consultatif d'urbanisme recommandant le changement de zonage 9.2.1 Projet de modification de 1'ArrW de zonage visant le 45, avenue Noel (premiere et deuxi&me lectures) 9.3 Projet de modification de 1'ArrW de zonage visant le 65, avenue University, accompagn& du rapport du Comit& consultatif d'urbanisme recommandant le changement de zonage 9.3.1 Projet de modification de 1'ArrW de zonage visant le 65, avenue University (premiere et deuxieme lectures) 9.4 Fermeture et barrage d'une partie de Favenue Tilley (premiere et deuxieme lectures) 10. Etude des arret6s municipaux 11. Interventions des membres du Conseil 11.1 Examen de 1'Arret& sur la collecte des ordures (mairesse suppl&ante McAlary) 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux 12.1 Portail du client AquaHawk — Saint John Water 13. Rapports d6pos6s par les comit6s 13.1 Comite des finances : acquisition de la nouvelle flotte — juillet 2017 13.2 Comite des finances : &tats financiers consolid&s de 2016 14. Etude des sujets 6cart6s des questions soumises a Papprobation du conseil 15. Correspondance g6n6rale 15.1 Demande de 1' &cole Tir na nOg Forest de se pr&seater levant le conseil 15.2 Tournoi de golf de la Fondation Loch Lomond Villa — Premiere activit& annuelle de collecte de fonds 16. Ordre du jour suppl6mentaire 17. Comit6 pl6nier 17.1 Recommand& de Saint John Port Authority 17.2 Nomination du membre du conseil pour participer a 1'exercice de proposition de valeur 18. Lev& de la s6ance MINUTES—REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN JUNE 26, 2017 AT 6:00 PM IN THE COUNCIL CHAMBER Present: Mayor Don Darling Deputy Mayor Shirley McAlary Councillor -at -Large Gary Sullivan Councillor Ward 1 Greg Norton Councillor Ward 1 Blake Armstrong Councillor Ward 2 Sean Casey Councillor Ward 3 Gerry Lowe Councillor Ward 4 David Merrithew Councillor Ward 4 Ray Strowbridge Regrets: Councillor Ward 2 John MacKenzie Councillor Ward 3 Donna Reardon Also Present: City Manager Jeff Trail Solicitor S. Brittain Commissioner Finance and Administrative Services K. Fudge Commissioner of Transportation and Environment M. Hugenholtz Commissioner Growth and Community Development J. Hamilton Commissioner Saint John Water B. McGovern Fire Chief K. Clifford Police Chief J. Bates Common Clerk J. Taylor Administrative Officer R. Evans 1. Call to Order The Mayor called the meeting to order. 2. Approval of Minutes 2.1 Minutes of June 12, 2017 Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that the minutes of the meeting of Common Council, held on June 12, 2017 be approved. MOTION CARRIED. .----------1 -I ------1 ILTA I fIM0KGYTI0 011191 4. Disclosures of Conflict of Interest S. Consent Agenda 5.1 That the Wilderness Committee's Letter entitled Time's Up for the Tar Sands be received for information. 5.2 Refer to item 14.1 5.3 That as recommended by the City Manager in the submitted report M&C 2017-169: Fog Cutter Inc. Mobile -Unit Licence Agreement, 1. The City enter into the Licence agreement with Fog Cutter Inc. as attached to M&C 2017-169; and further 2. That the Mayor and Common Clerk be authorized to execute the said Licence Agreement. 5.4 That as recommended by the City Manager in the submitted report M&C 2017-173: Proposed Public Hearing Date —12, 24, and 26 Westmorland Street and 510 Ellerdale Street, Common Council schedule the public hearings for the rezoning applications of Chris Pyne (12, 24 and 26 Westmorland Street) and Rod Crowther on behalf of 629248 NB Ltd. (510 Ellerdale Street) for Tuesday August 8, 2017 at 6:30 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for a report and recommendation. 5.5 That as recommended by the City Manager in the submitted report M&C 2017-171: Nick Nicolle Community Centre Service Agreement Extension, 1. The City of Saint John enter into an agreement with ONE Change Inc. to deliver recreational programs and services at the Nick Nicolle Community Centre until January 31, 2018 upon the same terms and conditions as the Agreement dated February 21, 2013, renewed June 24, 2015 except that payments by the City of annual fees be made as of June 1, 2017 in the amount of $80,284.00 and on January 1, 2018 in the amount of $13,381.00, and that there be no right to renew; and 2. That the Mayor and Common Clerk be authorized to execute the agreement. 5.6 That as recommended by the City Manager in the submitted report M&C 2017-170: Contract No. 2017-08: Clyde Street Sanitary Sewer Installation, additional payment be made to Galbraith Construction Ltd., under Contract 2017- 08: Clyde Street — Sanitary Sewer Installation in the amount of $107,534.99. 5.7 That as recommended by the City Manager in the submitted report M&C 2017-172: Initiate Stop -up and Closure for Portion of Tilley Avenue, Common Council adopt the following: 1. That the Public Hearing to consider the passing of a By-law to Stop Up and Close a 197 square metre portion of a public street known as Tilley Avenue, as shown on a Plan of Survey (as submitted), be set for Monday, July 10, 2017 at 5.8 Refer to item 14.2 Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the recommendation set out for each consent agenda item be adopted with the exception of items 5.2 and 5.8 which were identified for debate. 1► 100000114Y1ilk]ilk] Iif91 6. Members Comments Council members commented on various community events. 7. Proclamations 7.1 National Aboriginal Day—June 21, 2017 The Mayor proclaimed June 21St, 2017 as National Aboriginal Day in the City of Saint John. 7.2 Canada's 150th Anniversary—July 1, 2017 The Mayor proclaimed July 1St, 2017 as the celebration of Canada's 150tH Anniversary in the City of Saint John. 8. Delegations/Presentations 9. Public Hearings 6:30 PM 9.1 A Bylaw Respecting the Stopping Up and Closing of Highways in The City of Saint John — McLean Street (1St and 2nd Reading) The Common Clerk advised that the necessary advertising was completed with regard to the proposed by-law amendment to stop -up and close a portion of McLean Street, by adding thereto Section 245 immediately after Section 244, with no written objections received. 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 Brent McGovern, Commissioner of Water, presenting. Moved by Councillor Merrithew, seconded by Councillor Lowe: RESOLVED that the by-law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John", regarding a portion of McLean Street by adding thereto Section 245 immediately after Section 244 thereof, be read a first time. 1► 100000114Y1HIM if91 Read a first time by title, the by-law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John". read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John". 10. Consideration of By-laws 10.1 Saint John Heritage Conservation Areas By -Law Amendment (3rd Reading) Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "By -Law No. HC -1 A Law to Amend the Saint John Heritage Conservation Areas By -Law", amending paragraph 2(1)(f) and Schedule "F", King Street East Heritage Conservation Area, by removing from the heritage conservation area a parcel of land having an area of approximately 2720 square metres, including buildings and structures thereon, located at King Street East, also identified as being PID Number 55010516, 00009738 and 55013577, be read. LTA IQI[Q►[GL1:k]k]11191 The by-law entitled, "A Law to Amend the Saint John Heritage Conservation Areas By -Law", was read in its entirety. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "By -Law No. HC -1 A Law to Amend the Saint John Heritage Conservation Areas By -Law", amending paragraph 2(1)(f) and Schedule "F", King Street East Heritage Conservation Area, by removing from the heritage conservation area a parcel of land having an area of approximately 2720 square metres, including buildings and structures thereon, located at King Street East, also identified as being PID Number 55010516, 00009738 and 55013577, be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the by-law entitled, "A Law to Amend the Saint John Heritage Conservation Areas By -Law". 10.2 Traffic Bylaw Amendment (3rd Reading) Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that a by-law entitled, "A By -Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto", adding Section 16(9) and Schedule J-1 and amending Schedule H-1, Schedule B and Schedule A-1, be read. LTA IQI[Q0114Y1:k]k]1if91 The bylaw entitled, "A By -Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto", was read in its entirety. Moved by Deputy Mavor McAlarv. seconded by Councillor Sullivan: time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the bylaw entitled, "A By -Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto". 11. Submissions by Council Members 11.1 Support for the Softwood Lumber Industry (Mayor Darling) Moved by Councillor Merrithew, seconded by Deputy Mayor McAlary: WHEREAS, the forest is a natural resource in which New Brunswickers take pride; WHEREAS, the harvest and export of softwood lumber provides sustainable economic development for many communities across New Brunswick and Canada; WHEREAS, the forestry industry contributes more than $1.45 billion to the provincial economy each year and employs more than 22,000 New Brunswickers; WHEREAS, in 2017, the U.S. federal government announced preliminary countervailing duties of 19.88 percent on imports of Canadian softwood lumber; RESOLVED that the City of Saint John: • Continue to work with our local provincial and federal government representatives to support the interests of the City of Saint John that could be adversely affected by U.S. countervailing duties on softwood lumber; • Work to ensure that the federal government understands the full impact of trade measures related to softwood lumber on local economies and conveys that impact to U.S. counterparts; and, • The Mayor be permitted to send a letter in support of the Softwood Lumber Industry. 1► 10000►[4L1ilk] ilk] 11191 11.2 Tracking of Tender Competition for the City of Saint John (Councillor Sullivan Moved by Councillor Sullivan, seconded by Councillor Strowbridge: RESOLVED that City Staff be directed to produce a comprehensive report annually regarding our tender process including, but not limited to, a historical trend analysis of awarded tenders. MOTION CARRIED. 11.3 Saint John Learning Exchange, Stone Soup Enterprise Division, proposal to operate a Grab and Go Snack Stand at the Fallsview Location (off Douglas Avenue) (Councillor Lowe) Moved by Councillor Lowe, seconded by Deputy Mayor McAlary: RESOLVED that the Citv of Saint John enter into a nartnershin Am preparation and to oversee the details of the agreement, the existing structure (canopy) could be utilized and there would be collaboration with Discover Saint John on tourism business. MOTION CARRIED. 12. Business Matters - Municipal Officers 12.1 Central Peninsula Neighbourhood Action Plan - Engagement Report & Central Peninsula Summit J. Cyr, reviewed the submitted presentation highlighting the following: - Central Peninsula Engagement Summit schedule - Engagement results thus far (comments and feedback from citizens) Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the submitted report M&C2017-174: Central Peninsula Neighbourhood Action Plan - Engagement Report & Central Peninsula Summit, be received for information. MOTION CARRIED. 12.2 Project Performance Update - Safe, Clean Drinking Water Project Referring to the submitted presentation, D. Price gave an update on the Safe, Clean Drinking Water Project performance. Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that the submitted report M&C2017-175: Project Performance Update - Safe, Clean Drinking Water Project, be received for information. MOTION CARRIED. 12.3 Follow -Up - Uptown Street Closures Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that the submitted report Follow -Up - Uptown Street Closures, be received for information. MOTION CARRIED. 12.4 2017-2018 Arena Rates Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that as recommended by the City Manager in the submitted report M&C2017-176: 2017-2018 Arena Rates, Common Council approve the hourly rates presented in M&C 2017-176 for the City's four civic arenas to be applied October 2017 until October 2018. MOTION CARRIED. 13. Committee Reports Moved by Councillor Norton, seconded by Councillor Sullivan: RESOLVED that the Letter from Dominion Park Community be referred to the Finance Committee for 2018 budget consideration. 1► [�)fl[�7►[�L1:�:�1�� 14.2 P. Furness: Request to Present re: Acadian Games Moved by Councillor Sullivan, seconded by Councillor Armstrong: RESOLVED that the P. Furness: Request to Present re: Acadian Games be referred to the Common Clerk for scheduling. MOTION DEFEATED with Deputy Mayor McAlary, Councillors Lowe, Merrithew, Norton, and Strowbridge voting nay. Moved by Councillor Sullivan, seconded by Councillor Norton: RESOLVED that the P. Furness letter, Request to Present re: Acadian Games, be received for information. MOTION CARRIED. 15. General Correspondence 16. Supplemental Agenda 17. Committee of the Whole 18. Adjournment Moved by Councillor Lowe, seconded by Councillor Merrithew: RESOLVED that the meeting of Common Council held on June 26, 2017 be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 8:00 p.m. Mayor/ maire Common Clerk / greffier communal COUNCIL REPORT M&C No. 2017-180 Report Date June 30, 2017 Meeting Date July 10, 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. HeadL4 City Manager Amy Poffenroth Jacqueline Hamilton m I Jeff Trail RECOMMENDATION Your City Manager recommends that Common Council adopt the attached resolution. EXECUTIVE SUMMARY The purpose of this report is to designate Stephen Guenette, Assistant Building Inspector, as an Inspection Officer for the various by-laws enforced by Growth and Community Development Services. In doing so, Mr. Guenette is designated and authorized to: • Conduct inspections pertaining to enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By- law and the Saint John Minimum Property Standards By-law; and • 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, including the Building By-law and Zoning By-law. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT E:3 -2 - This report aligns with Council's "Vibrant, Safe City" Priority. REPORT From time to time, due to staffing changes, it is necessary to designate appropriate individuals as Inspection Officers for the various by-laws enforced by Growth and Community Development Services. Mr. Stephen Guenette has been hired as an Assistant Building Inspector. At this time, it is necessary to appoint Mr. Guenette as an Inspection Officer, so that he may conduct inspections pertaining to enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law and the Saint John Minimum Property Standards By-law. It is also necessary at this time to authorize Mr. Guenette 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 Flood Risk Areas By- law. SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Legal Department drafted the attached resolution. ATTACHMENTS Attachment: Resolution RESOLVED, that as recommended by the City Manager, the following resolution be adopted: 1. WHEREAS subsection 4(1) of the Saint John Minimum Property Standards By-law 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 Stephen Guenette 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 of the City of Saint John or until it is 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. 101, The Zoning By-law of the City of Saint John, By-law Number C.P. 110, and the City of Saint John Flood Risk Areas By-law, By-law Number C.P. 11 and amendments thereto for each of these By-laws, and it may from time to time be necessary to make inspections for the administration of these 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 Stephen Guenette, 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 iK -2 - necessary for the administration of the Building By-law, Zoning By- law, and the City of Saint John Flood Risk Areas By-law, effective immediately, and this authorization shall continue until he ceases to be an employee of Growth and Community Development Services of The City of Saint John or until rescinded by Common Council, whichever comes first. 3. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the 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 Stephen Guenette, a City Inspector, is hereby appointed as an inspection officer and authorized to enter at all reasonable times upon any property within the territorial boundaries of the City of Saint John for the purpose of making any inspection that is necessary for the administration of the Saint John Unsightly Premises and Dangerous Buildings and Structures By- law which received first and second reading by Common Council on February 27, 2012 and third reading on March 12, 2012, being enacted upon approval by the Minister of Local Government, and/or the Municipalities Act, effective immediately, and this authorization shall continue until he ceases to be an employee of Growth and Community Development Services of The City of Saint John or until rescinded by Common Council, whichever comes first. 11 COUNCIL REPORT M&C No. 2017-181 Report Date June 30, 2017 Meeting Date July 10, 2017 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Demolition of vacant, dilapidated and dangerous building at 192-194 St. James Street West (PID#367722) 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 Your City Manager recommends that Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, to arrange for the demolition of the building at 192-194 St. James Street West (PID#367722), in accordance with the applicable City purchasing policies. EXECUTIVE SUMMARY The purpose of this report is to advise Council that a Notice to Comply was issued under Section 190 of the Municipalities Act for the building at 192-194 St. James Street West. The hazardous conditions outlined in the Notice have not been remedied by the owner within the required time frame and staff is looking for authorization from Council to arrange the demolition of the building. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law aligns with Council's Vibrant, Safe City priority. 12 -2 - REPORT Inspections of the property at 192-194 St. James Street West, PID# 367722, have revealed the only building on the premise is vacant, dilapidated and structurally unsound. The Building is a three-storey, wood -framed, four unit apartment building. Staff first became aware of the property's vacancy in October 2012 and began standard enforcement procedures; however, the property has been subject to the Minimum Property Standards Program in the past, from 2005- 2012. The building sustained a fire in August 2015. The property is located in the City's West Side in a low rise, low density, residential zone, one block from Queen Square West Park. The Building is a hazard to the safety of the public by reason of being vacant, by reason of dilapidation and by reason of unsoundness of structural strength. For the reasons described in the attached Inspection Report, a Notice to Comply was issued on April 25, 2017 and was posted to the front entrance of the building on April 26, 2017. The Certificate of Registered Ownership for the building lists one individual as the registered owner. City staff was unable to contact the owner of this property after numerous attempts and the building is considered to be abandoned. The Notice provided the owner with 30 days to remedy the conditions at the property. During this time no appeal was formally requested. A compliance inspection was conducted on June 12, 2017 which revealed that the conditions which gave rise to the Notice have worsened since the Notice was issued. Attached for Council's reference is the Notice to Comply that was issued and the affidavit attesting to the building's posting. Also included are photographs of the building. The Municipalities Act indicates that where a Notice to Comply has been issued arising from a condition where a building has become a hazard to the safety of the public by reason of dilapidation, unsoundness of structural strength, or being vacant or unoccupied, the municipality may cause the building to be demolished. As required in the Act a report from an engineer is attached, forming part of the issued Notice to Comply, and provides the evidence to the building's vacancy, dilapidation, unsoundness of structural strength and resulting hazard to the safety of the public. A copy of the letter advising of the Common Council Hearing date and affidavit is attached; it was posted to the front of the building on June 23, 2017 and sent to the owner and encumbrances via registered mail. SERVICE AND FINANCIAL OUTCOMES As is written in the Municipalities Act that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior to starting demolition activities at this property. Cost of the demolition work is 13 -3 - approximated at $15,000 to $20,000 and will take about 4-6 weeks before it is complete. Staff will seek competitive bidding in accordance with the City's purchasing policy and the cost of the work will be billed to the property owners. If the bill is left unpaid, it will be submitted to the Province with a request for reimbursement. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Solicitor's Office provided ownership verification by obtaining the Certificate of Registered Ownership for the property. Additionally, the City Solicitor's Office registered the Notice to Comply with Service New Brunswick's Land Registry. ATTACHMENTS Notice to Comply and Inspection Report Affidavit of Posting - Notice to Comply Affidavit of Posting - Notice of Common Council Hearing Letter Photos 14 FORM I NOTICE TO COMPLY (Municipalities .Act, R.S.N.D, 1973, c.M-22, s.190.01(3)) Parcel Identifier: 367722 Address: 192-194 St. James Street West, Saint John, New Brunswick Name: Salamat Sharif, Saied Fit ULE 1 AVIS DE C®NF® MITE (Lai sur les anunicipalitis, L.R.N.-1I. de 1973, ch. hit -22, pat. 190.01(3)) Num6ro d'identification de la parcelle : 367722 Adresse : 192-194, rue ouest St. James, Saint John, Nouveau -Brunswick Proprietaire(s) on occupant(s) : None : Salamat Sharif, Saied Address: 180 Surrey Crescent, Fredericton, New Adresse : 180, Surrey Crescent, Fredericton, Brunswick, E3B 41,3 Nouveau -Brunswick, F313 4L3 Municipality issuing notice: City of Saint John By-law contravened: Saint John Unsightly Premises and Dangerous Buildings and Structures .1y -Law, By- law Number M-30 and amendments thereto (the "By- law"). Provision(s) contravened: Paragraphs 190.01(1), 190.01(1.1) and 190.01(2) of the Municipalities Act, and amendments thereto. Description of condition(s): The premise is unsightly by permitting junk, rubbish, refuse and a dilapidated building to remain on the premise. The building has become a hazard to the safety of the public by reason of being vacant or unoccupied and has become a hazard to the safety of the public by reason of dilapidation and by reason of unsoundness of structural strength. The conditions of the building and premise are described in Schedule "A", a true copy of the inspection report dated April 24, 2017 prepared by Rachel Van Wart, EIT, By- law Enforcement Officer, reviewed and concurred in by Amy Poffenroth, P. Eng., By-law Enforcement Officer. Remedy or remedies required: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premises into compliance with the aforesaid By-law. In the event that the owner does not remedy the condition of the building and premises in the time prescribed by this Notice to Comply, the building may be demolished as the corrective action to address the hazard to the safety of the public and the premises may be cleaned up, In the event of demolition, all debris and items on the premises will be disposed of as the corrective action to nrltlrt-cc the-. hn-znrtl to the cnfaty nftha milhlir Municipsalit6 signifiant ]'avis: City of Saint John Arrete enfreint : Arrete relatifaux lieux inesthetiques et aux hiitinents et constructions dangereux de Saint John, Arret6 numero M-30, ainsi que ses modifications ci-afferentes (1' « Arrete» ). Disposition(s) enfreinte(s) : Les paragrapher 190.01(1), 190.01(1.1) ct paragrapbe 190.01(2) de la Loi sur les rnunicipalites, ainsi que les modifications afferentes. Description de la (des) condition(s) : Les lieux sont inesth6tiques en permettant la pr6scnce de ferraillc, de detritus et le batiment delabr6. Le batiment est devenu dangereuse pour la s6curite du public du fait de son inhabitation ou de son inoccupation ct est. devenu dangereuse pour la securite du public du fait de son d6labrement et du fait de manque de solidite. Les conditions du batiment et des lieux sont d6crites a ]'annexe « A », unc copie confolane du rapport d'inspection en date du 24 avril 2017 et pr6par6 par Rachel Van Wart, IS, une agente charge de 1'ex6cution des arr6t6s municipaux, revise et en d'accorde avec par Amy Poffenroth, ing., une agente charge de 1'execution des arr6tes municipaux. Mesure(s) a prendre : La propri6taire doit restaurer 1cs conditions en se conformant aux recommandations du rapport d'inspection susmentionne et d'amener le batiment et les lieux en conformit6s avec I'Arret6, Dans 1'6ventualite que la proprietaire ne rem6dient pas le batiment et les lieux dans lc temps prescrit par le present avis de conformite, le batiment pourront Etre d6molis comme n7esure corrective colnpte tenu qu'il represente un danger pour la securite du public et les lieux pourront etre nettoyes. Dans 1'6ventualit6 de demolition, tons les debris et autres items sur les lieux seront disposes comme mF+ — rn wra +;v `lone 1A 1—t A- r<.,-.-,61:0, to .-1.,.,. items on the premises do not include the carry -out clean- up, site rehabilitation, restoration of land, premises or personal property or other remedial action in order to control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon. the environment or any part of the environment. a) The demolition of the building, clean-up of the property and related remedies must be complete, or plans and permit applications for repair related remedies, must be submitted: within 30 days of being served with the Notice to Comply. b) The repair related remedies must be complete within 120 days of being served with the Notice to Comply. et autres items sur les lieux ne comprennent pas le nettoyage, la remise en etat des lieux, des terrains ou des biens personnels on toute autrc mesure corrective darns le but de controler on de reduire, d'eliminer le deversement, de modifier le mode de deversement on le deversement d'un polluant dans on sur 1'environnement on toute partie de 1'environnement. Date A laquelle la on les mesures doivent etre prises] : a) La demolition du batiment et le nettoyage des lieux doivent etre completees, on a laquelle les plans et demande de permis pour les mesures des reparations, doivent etre sournises, dans les 30 jours qui suivent la signification de 1'avis de conformite. b) Les reparations reliees aux mesures doivent etre completees dans les 120 jours qui suivent la signification de 1'avis de conformite. Date by which notice may be appealed: Within 14 Date A laquelle un appel de l'avis pent etre depose: days of being served with the Notice to Comply. Vans les 14 jours qui suivent la notification de 1'avis de conformite. Process to appeal: The owner may within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall — 8" Floor, 15 Market Square, Saint John, New Brunswick, E2L 4LL Potential penalty for non-compliance within specified time:z Paragraph 190.03(1) of the Municipalities Act states that a person who fails to comply with the terms of the Notice to Comply given under Section 190.011 of the said Act, commits an offence that is punishable under Part II of the Provincial Offences Procedure Act as a category F offence. Where an offence under paragraph 190.03(1) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Proccelure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph 190.03(1.2)(b)(i). Municipality's authority to undertake repairs or remedy:3 Subparagraphs 190.04(1)(a), 190.04(1)(a.1) and 190.04(1)(6) of the Municipalities Act states that if a Notice to Comply has been given under section 190.011 of the said Act and that an owner or occupier does not comply with the Notice to Comply, as deemed. confirmed or as confirmed or modified by a committee of council or a judge under section 190.021 of the said Act, within the time set out in the Notice to Comply, the municipality may, cause the premises of that owner or Processus d'appel : La proprietaire peux dans les 14 jours qui suivent la notification de 1'avis de conformite, envoye un avis d'appel par courrier recommande a la greffiere communale de 1a municipalite, a The City of Saint John, Edifice de I'h6tel de ville, 8e etage, 15 Market Square, Saint John, Nouveau -Brunswick, E2L 4LL Penalite possible pour non-conformite dans le delai prescrita : Le paragraphe 190.03(1) de la Loi stir les municipalites prevoit quiconque onict de se conformer aux exigences formulees dans un avis de conformite notifie aux termes de Particle 190.011 de ladite loi, commet une infraction qui est punissable en vertu de la Partie I1 de la Loi sur la procMure applicable aux infractions provinciales a titre d'infraction de la classe F. Lorsqu'une infraction prevue an paragraphe 190.03(1) sc poursuit pendant plus dune jounnee, I'amende minimale qui petit etre imposec est 1'amende minimale prevue par la Loi sur la procMitre applicablc aux inl> actions provinciales pour une infraction de la classe F multipliee par le nombre de jours pendant lesquels l'infraction se poursuit conformement a lWinea 190.03(1.2)(b)(i). Pouvoir de In municipalite d'entreprendre les reparations on de prendre les mesures : Conformernent aux alineas 190.04(1)(a), 190.04(1)(a.1) et 190.04(1)(b) de la Loi sur les niunicipalites, si un avis de conformite a ete signifie aux tertnes de Particle 190.011 de ladite loi et, que le proprietaire on Foccupant ne se conforme pas a cet avis de conformite dans le delai impart] et tel qu'il est repute confirme ou tel qu'il est confirme on modifie par un comite du conseil on par un juge en vertu de municipality. Dated at Saint John the day of April, 2017 Municipality: The City of Saint John Signature of Municipal Officer: a Name: Rachel Van Wart, El'1' Mailing address: Growth and Community Development Services The City of Saint John 15 Market Square City Fall Building, 10"' Floor R O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: (506) 658-2911 Telecopier: (506) 632-6199 Email: rachel.vanwart(a)saintlohn.ea Seal of municipality Notes; 1. All appropriate permits must be obtained and all relevant legislation must be complied with in the course of carrying out the required remedial action. 2. Payment of the fine does not alleviate the obligation to comply with the by-law, standard or notice to comply. 3. Costs become a debt due to the municipality and may be added to the joint municipal and provincial Real Property Assessment and Tax Notice. toute relevance ou tout droit afferent, sont a la charge du proprietaire ou de l'occupant et deviennent une creance de la municipalite. Fait a Saint John le avril, 2017. Municipalite : The City of Saint John Signature de la representante municipale: Nom : Rachel Van Wart, 1S Adresse postale: Service de la Croissance et du Developpement Communautaire The City of Saint John 15 Market Square Edifice de l'hotel de ville, l0e etage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L1 Telephone : (506) 658-2911 Telecopieur : (506) 632-6199 Courriel: rachel.vanwartasaintiohn.ca Sceau de la municipalite Notes : 1. Tous les permis prescrits doivent etre obtenus et tonic la legislation pertinente dolt etre respect6e, pendant 1'execution de la mesure de rccours. 2. Le paiement de 1'amende n'annule pas l'obligation de respecter 1'arrete, la norme ou l'avis de conformite. 3. Les coots deviennent une dette envers la municipalite et peuvent etre ajoutes a l'avis d'evaluation et d'impot foncier municipal et provincial. I Notes; 1. All appropriate permits must be obtained and all relevant legislation must be complied with in the course of carrying out the required remedial action. 2. Payment of the fine does not alleviate the obligation to comply with the by-law, standard or notice to comply. 3. Costs become a debt due to the municipality and may be added to the joint municipal and provincial Real Property Assessment and Tax Notice. toute relevance ou tout droit afferent, sont a la charge du proprietaire ou de l'occupant et deviennent une creance de la municipalite. Fait a Saint John le avril, 2017. Municipalite : The City of Saint John Signature de la representante municipale: Nom : Rachel Van Wart, 1S Adresse postale: Service de la Croissance et du Developpement Communautaire The City of Saint John 15 Market Square Edifice de l'hotel de ville, l0e etage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L1 Telephone : (506) 658-2911 Telecopieur : (506) 632-6199 Courriel: rachel.vanwartasaintiohn.ca Sceau de la municipalite Notes : 1. Tous les permis prescrits doivent etre obtenus et tonic la legislation pertinente dolt etre respect6e, pendant 1'execution de la mesure de rccours. 2. Le paiement de 1'amende n'annule pas l'obligation de respecter 1'arrete, la norme ou l'avis de conformite. 3. Les coots deviennent une dette envers la municipalite et peuvent etre ajoutes a l'avis d'evaluation et d'impot foncier municipal et provincial. 192-194 St. James Street Wesl Saint John, New Brunswick PID# 367722 Inspection Date: March 30, 2017 rnspection Conducted by: Rachel Van Wart, EIT I _atvvu aL OaRIL JU1111, this f- , --day of -orl 20—Li. Of Inspections of the property at 192-194 St. James Street West, PID# 367722, have revealed the only building on the premise (the "Building") is, vacant, dilapidated and structurally unsound. The Building is a three-storey, wood -framed, four unit apartment building. Staff first became aware of the property's vacancy in October 2012 and began standard enforcement procedures. The property is located in the City's West Side in a low rise, 4ow density, Residential Zone, one block from Queen Square West Park. The Building is a hazard to the safety of the public by reason of being vacant, by reason of dilapidation and by reason of unsoundness of structural strength. F11-1109MM The Building is not in compliance with the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, By-law Number M-30, and amendments thereto (the "By-law"). Unsightly Premise Conditions Subsection 190.01(1) of the Municipalities Act states: No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises (a) any ashes, junk, rubbish or refuse; (b) an accumulation of wood shavings, paper, sawdust or other residue of production or construction; (c) a derelict vehicle, equipment, machinery or the body of any part of a vehicle equipment or machinery, or (d) a dilapidated building. 1. There is an accumulation of junk, rubbish, and refuse on the property. These items include, but are not limited to; a box spring and mattress, two office chairs, a television, window frames, front door, broken fence pieces and other various loose and bagged garbage. The aforementioned accumulation of junk, rubbish, and refuse is unsightly. 2. The Building is dilapidated. The Building sustained a fire in 2015 and there is ble fire damage specifically at the rear of the Building where siding is blackened. The Building's exterior cladding consists of painted wooden clapboards and cedar shingles. The shingles and clapboards are deteriorated and peeling on all sides of the Building. Numerous main level windows and doors are boarded. Upper level windows are broken and open to the elements. A portion of the roof is missing which is ble through an upper floor window. At the March 30, 2017 inspection, a neighbour indicated that racoons are living in the Building. 3. There are unsightly dilapidated wooden fences around the perimeter of the Subsection 190.01(l. 1) of the Municipalities Act states: 110 person shall permit a building or structure owned or occupied by him or her to become a hazard to the safety of the public by reason of being vacant or unoccupied. The Building is a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: I There is a higher risk of a fire event occurring at the property since it is known to the public that the Building is vacant, there has been evidence of trespassing, it has been left abandoned and it sustained a fire in 2015. The property is on a comer lot, however the Building is in close proximity to a three -unit apartment building and a two -unit building located at 196-200 St. James Street West and 381 Ludlow Street respectively. If a fire event were to occur within the Building, it could potentially spread to the neighbouring apartment buildings which would cause significant damage to the buildings and endanger the lives of the occupants. Trespassers could easily cause a fire if they are smoking in the Building, light a small fire to keep warm or intentionally light a fire for purposes of arson. Buildings that are in a dilapidated condition and left unsecured from public entry can attract vandalism, arson, or criminal activity. 2. There is a concern for firefighter safety in the event of a fire. If firefighters suspect there may be people inside the Building, it would be reasonable to expect they may be required to enter it. The condition of the interior is not known to firefighters which pose a hazard to their safety and others who may be inside in the event of a fire. Interior water damage due to weather may have compromised the floor systems. 3. It was noted at the March 30, 2017 inspection that a board had been removed from one of the front windows since the last inspection. Open windows attract vandals and trespassers to easily enter the Building. At the inspection, a neighbour who lives across the street from the Building indicated he has seen children entering an open window at the front of the Building. He said he has called Police but the children are gone when they arrive. He said they use a rope to enter the window that is above grade. Subsection 190.01(2) of the Municipalities Act states No person shall permit a building or structure owned or occupied by him or her to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. The Building is a hazard to the safety of the public by reason of dilapidation for the following reasons: I. Exterior Conditions: There is broken glass on the property from broken windows. Numerous main level windows and doors are boarded. Upper level windows are broken and open to the elements. There are numerous boards with nails protruding around the property. The Building sustained a fire in 2015 and there is visible fire damage specifically at the rear of the Building where siding is blackened. The -_ ____ -- --b— ""UlUa, missing and peeling paint. The fascia and soffit at the front of the Building are weathered, deteriorated and rotten, 2. Interior Conditions: Although staff were unable to access the interior of the Building, numerous conditions were evident without entering. The roof of the Building is missing at the rear left comer; the missing roof is visible through a top floor window. Due to the missing roof and many open windows, the Building has likely sustained water damage due to precipitation; the extent of this damage is unknown and may have compromised the interior integrity of the Building. Also visible through a second storey window is insulation that appeared black in colour, again due to water damage, moisture and precipitation. From a window at the front of the Building, the interior has open stud walls without drywall. Subsection 190.01(2) of the Municipalities Act states No person shall permit a building or structure owned or occupied by him or her to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, The Building is a hazard to the safety of the public by reason unsoundness of structural strength for the following reasons: 1. The rear left comer of the Building where the wooden members meet the foundation wall is rotten, deteriorated and suffered fire damage in 2015. Approximately a twelve foot portion of the rear left ground floor wall is boarded. Above this area shows signs of fire damage, indicating a compromised wall system, 2. The Building is out of plumb. The foundation wall at the front portion of Building is bulging indicating structural unsoundness. The owner must comply with one of the two options stated below: Option 1: Remedy the conditions of the Building through all repair and remedial actions as follows: 1. The Building must be must be completely repaired to remedy the above mentioned hazards to public safety while meeting the requirements of the National Building Code of Canada (2010) as well as all other applicable by-laws. 2. The Building must be maintained, kept secure, and monitored on a routine basis while the property remains vacant or unoccupied. 3. A detailed plan must be submitted to the Growth and Community Development Services Department of the City of Saint John (the "Department") for review and approval. The plan should also include a schedule for the work that is to be carried out. The repaired Building must meet the National Building Code of Canada (2010) as well as other applicable codes. - - ------ --- ____D ____ ____ -"j - - L" 611111FIY VVIL11 L11%, Saint John Building By-law, By-law Number C.P. 102 and amendments thereto (the "Saint John Building By-law"). 6. The premise must be cleared of all debris found on the property, including any and all rubbish that may be considered hazardous or unsightly. The debris from the premise must be disposed of at an approved solid waste disposal site, in accordance with all applicable by-laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. The premise must comply with all applicable By-laws, Acts, Codes and Regulations. Option 2: Demolition of the Building and cleanup of all debris on the premise by complying with all the remedial actions as follows: 1. The Building must be demolished to remove the hazard to the safety of the public by reason of dilapidation and by reason of being vacant or unoccupied. 2. A demolition permit must be obtained from the City of Saint John in order to . comply with the Saint John Building By-law. 3. The premise must be cleared of the debris from the demolition and the lot must be made reasonably level with grade so as to not create a tripping or falling hazard. All debris must be disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, Acts and Regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 4. All debris that is currently on the premise must be removed and disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, Acts and Regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 5. The property must be in compliance with all applicable By-laws, Acts and I Regulations. VMT MIMSM 2:4 Rachel Van Wart, EIT Date fv�� Technical Services Officer Amy Poffenr P. Eng., MBA Building Inspector Deputy Commissioner Growth and Community Development Services pvci, / -Z, tor Date CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN �' I VA 12, L 1 Lk IV SAINT JOHN, N.B. (PID number of Saint John, N,13., Make Oath And Say As Follows: 1. 1 am employed by The City of Saint John in its Buildings and Inspection Services Department. I have personal knowledge of the matters herein deposed except where otherwise stated. 2 On ZG' Zor 2 at approximately A.'(,'x i I posted a copy of the attached marked Exhibit "A" and - t , �-cs tSA �,)xz, marked Exhibit "B", to the front door of the building that is located at- 192-124 e/,:Z-,�.-V-4��,',Saint John, N.B. Sworn To before me at the City of Saint John, N.B., on the — '-, 2- (' day of A 2017 CHRISTOPHER D MCKIEL COMMISSIONER OF OATHS My COMMISSION EXPIRES 22 DECEMBER 31ST, 2019 CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN SAINT JOHN, N.B. (PID number N�Om4 of N.B., Make Oath And Say As Follows: 1. 1 am employed by The City of Saint John in its Buildings and Inspection Services Department. I have personal knowledge of the matters herein deposed except where otherwise stated. 2. On A'�E' '7117S, i at approximately 1: ., I posted a copy of the attached Notice of Common Council Hearing Letter, marked Exhibit "A" to the front door of the building that is located at Saint Sworn To before me at the City of Saint john, N.B., " Z: on theyZ 7 daof 2017 W Permitting & Inspection / Service des inspections et de I'application By -Law Enforcement / Service d'Application des Arr6t6s Municipaux Phone / TO: (506) 658-2911 Fax / T616c: (506) 632-6199 The City of Saint John Dear Sir/Madam: NOTICE OF COMMON COUNCIL HEARING RE: 192-194 St. James Street West, PID 9 367722 Dangerous and Vacant Building Program On April 25, 2017, a Notice to Comply was issued for the above mentioned property which required remedial action to bring the building and premises into compliance with the Saint John Unsightly Premises and Dangerous Buildings and Struclures By-law. The Notice to Comply was posted to the building on April 26, 2017, The fourteen (14) day appeal period has now expired. Therefore, a compliance inspection was conducted on June 12, 2017. The property was found to be in non-compliance with the aforesaid By-law at the time of the inspection, therefore City Staff will be attending the Common Council meeting scheduled on July 10, 2017 at 6:00 p.m. to recommend that the building be demolished. Please be advised that at this meeting, you will have the opportunity to present evidence to the contrary. If you have any questions, please do not hesitate to contact me at. (506) 658-2911. Regards, Rachel Van Wart, EIT Technical Services Officer cc: CIBC Mortgages Inc. trading as FirstLine Mortgages New Brunswick Housing Corporation Lloyd Francis Electrical (2009) Ltd. P.O. Box 1971 C.P. 1971 Saint John, NB Saint John, N. -B. Canada E2L4L1 Canada E2L4L1 SAINT JOHN w\wsaintjon4 ca � 3 in theAffidavit of June 23, 2017 s' fore me at the City of Case Number: 12-0711 lohn, New Brunswick 'hi eL_ 4--doy of, LzLe"Ll I Saied Salamat Sharif �Z' I 180 Surrey Crescent - g, ml ner 6; sioni a f Oaths Fredericton, NB E313 4L3 Dear Sir/Madam: NOTICE OF COMMON COUNCIL HEARING RE: 192-194 St. James Street West, PID 9 367722 Dangerous and Vacant Building Program On April 25, 2017, a Notice to Comply was issued for the above mentioned property which required remedial action to bring the building and premises into compliance with the Saint John Unsightly Premises and Dangerous Buildings and Struclures By-law. The Notice to Comply was posted to the building on April 26, 2017, The fourteen (14) day appeal period has now expired. Therefore, a compliance inspection was conducted on June 12, 2017. The property was found to be in non-compliance with the aforesaid By-law at the time of the inspection, therefore City Staff will be attending the Common Council meeting scheduled on July 10, 2017 at 6:00 p.m. to recommend that the building be demolished. Please be advised that at this meeting, you will have the opportunity to present evidence to the contrary. If you have any questions, please do not hesitate to contact me at. (506) 658-2911. Regards, Rachel Van Wart, EIT Technical Services Officer cc: CIBC Mortgages Inc. trading as FirstLine Mortgages New Brunswick Housing Corporation Lloyd Francis Electrical (2009) Ltd. P.O. Box 1971 C.P. 1971 Saint John, NB Saint John, N. -B. Canada E2L4L1 Canada E2L4L1 SAINT JOHN w\wsaintjon4 ca � I I w I w I I w I w I w w 6 0 1 1 0 CL w I w %U O,qe Human Development Council Identifies and addresses social issues in Greater Saint John through research, information, coordination and networking June 22, 2017 Mayor Don Darling City of Saint John 15 Market Square PO Box 1971 Saint John, New Brunswick E2L 4L I Re: Saint John Human Development Council (HDC) Dear Mayor Darling, The HDC is pleased to partner with the City of Saint John in pursuit of the Objectives of the City's Roadmap for Smart Growth. We will implement the mandate letter dated May 15, 2017, in accordance with its terms. Yours truiy� Brian Stephenson President, Board of Directors Third Floor, Social Enterprise Hub, 139 Prince Edward Street, Box 318, Saint John, NB E2L 3S3 Phone: 506-634-1673 Fax: 506-636-8543 Info -Line: 506-633-4636 info@sjhdc.ca www.sjhdc.ca 01.1 SAIN-FJOHN DEVELOPMEN-FCORPORA-FION P.O. Box 7200, Saiint John, New Brunswick E2L 4S6 Tel: 506-649-6066 Fax.- 506-649-6068 June 29, 2017 Mayor and Common Council City of Saint John 15 Market Square Saint John, New Brunswick Dear Mayor and Common Council; As per the enclosed Common Council resolution regarding third-quarter funding, this letter will confirm that Saint John Development Corporation Board of Directors has discussed, understands and accepts the mandate letter dated May 15, 2017. "RESOLVED that as recommended by the Committee of the Whole, having met earlier on June 12, 2017, Common Council approves that Saint John Waterfront Development and Saint John Industrial Parks be allocated third quarter funding in the amount of 67,500.60 each. This would be part of the 2017 Economic Development Funding envelope approved by Common Council on December 5h, 2016. The release of these funds is conditional an Council receiving a letter from each organization indicating that they are prepared to fulfill the terms and conditions of their mandate letters." Chairman c.c. I SJDC Board of Directors Kent Macllntyre Phil Ouellette 37 REQUEST TO PRESENITTO COUNCIL FOiRM Me First Name: Derrick Last Name: Stanford Name of Organization/Group (where applicable): Saint John Airport Mailing Address: 4180 Loch Lomond Road City or Town: Saint John Province: NB Postal Code: E2N1L7 Day Time Phone Number: 5066385558 Email: dstanford@sjairport.ca I] If you do NOT wish to have your persona I information (address, phone number, - ,ail) become part of the public record, please check this box. � #W' "Ll W Topic of Presentation: Capital Requirements Presentation Purpose for Presentation (what is the ask of Council): To inform Council of Airport Plans and Capital request to Federal Government Background Information:Since it's privatization in 1999, the Saint John Airport has not received any Federal funding despite there being several programs available, and numerous other airports in the region have benefited from Federal funding YOUR SIGNATURE Signature: Derrick Stanford Date: 2017-06-28 � m� \� y m� : \> � � � � � : � : } \ � � }\\� �� \� }� � } <«� : y m : \� i : ,». §�� : " .. SUBMISSION TO COUNCIL FORM Tht Oy of Saint John First Name: Leonard Last Name. Thorburne Warne of Organization/ 'roup (where applicable): ("J. --k entc.r Mailing Address: Glen Rd City or Town: Saint John, Province: (',f cere to enier Postal Code: Clck hmc-, to cnt(,,r Day Time Phone Number. 696-4234 Email : 'ick to en'�:er El If you do NOT wish to have your personal information (address, phone number, email) become part of the public record, please check this box. Topic of Submission: Truck Traffic on Glen Road Purpose for Submission (what is the ask of Council): Request to present to Council Executive Summary: There are approximately 50 large trucks loaded with rock travelling by our home each day, due to the expansion of a nearby mobile home park, The trucks cause our home to vibrate excessively and have negatively impacted our quality of life. I am seeking Council's assistance to rectify this situation. Vj, � r, 0, Signature: -[,, pe narne, hEre, Date: Cft.k he'e to enter .1 date. T °CCS -T11" m r �.�m... SUBMISSION TO COUNCIL FORM The My of SaUttjohn First Name: Aaron Last Name: Everett Name of Organization/Group (where applicable): (_Jck l--iere to, eintei" text. Mailing Address: oicl< riere m enter text. City or Town. uc�, lime to Province: (-Hck he�e t'c cntcir t�ext. Postal Code: G i c k her � tic 2 r't M ii- �. e x't, Day Time Phone Number: Oick here to enterte)(1. Em a i I: 0ck here to enter te.xt, Olf you do NOT wish to have yolur personal information (address, phone number, email) become part of the public record, please check this box. Topic of Submission: Parking in the South/Central Peninsula Purpose for Submission (what is the ask of Council): To amend parking rules to allow city residents an option for on -street parking Uptown. Executive Summary: I am a city resident. I pay city taxes. l also have to pay to park Uptown during the work week. There was a time that l parked on St. James Street when there was all -day free parking, but l could see the writing on the wall and started paying to park on Queen Street by Key industries before two things happened: (1) St, James Street free parking was discontinued and (2) the Darius lot on Princess/Germaine Street was closed. l started using paid parking early to avoid the waiting lists when those people were displaced. last week I got an eviction notice for the Queen Street parking lot. I called the Parking Commission and have been put on a waiting list for other lots where I will have to pay more to walk further. I would like to see tags for on -street parking opened up to more Saint Johin residents, not just the South Peninsula residents. Anyone can and does park in front of my house, so why do I not get to park on -street in the South end? Every day I drive past St James and Ross Streets and no one is parked there. l would be more than happy to pay even $20 a month to park on -street through the day. I think that is the least that people who pay taxes in this city should be offered, Especially since I am back in the lurch without any more than a waiting list spot for a parking space. COUNCIL REPORT M&C No. M&C 2017-186 Report Date July 04, 2017 Meeting Date July 10, 2017 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Saint John Learning Exchange License for Snack Stand at Fallsview Park OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Tim O'Reilly Michael Hugenholtz m I Jeff Trail RECOMMENDATION Your City Manager recommends: That the City of Saint John enter into an agreement with The Saint John Learning Exchange Ltd. to deliver a snack food service at Fallsview Park for a four month period commencing July 11, 2017 according to the terms generally described in M&C 2017-186, and That the Mayor and Common Clerk be authorized to execute the agreement. PREVIOUS RESOLUTION At its June 26, 2017 meeting a motion was brought forward to Common Council as agenda item 11.3 by Councillor Gerry Lowe for the City to enter into an agreement to permit the Saint John Learning Exchange to operate a snack service at Fallsview Park for the remainder of 2017. The City Manager recommended, and Common Council supported, a due diligence period for City staff to consider the motion with intention to report back to Common Council with a proposed agreement at its July 10, 2017 meeting. STRATEGIC ALIGNMENT This agreement aligns with Council's priorities to support opportunities for growth in job creation, vibrancy through park investment, and value-added service delivery through innovative partnerships. !ElI -2 - This opportunity: • Supports a non-profit social enterprise organization (Stone Soup Division of the Saint John Learning Exhange) that, among other benefits, provides training and a living wage to program participants and healthy food options to its customers. • Introduces a new service offering at a City park visited by residents and tourists. • Establishes a partnership with Discover Saint John with potential to explore future development opportunities. REPORT In follow-up to the proposal presented at the June 26, 2017 meeting of Common Council (attached), City staff met with the Saint John Learning Exchange/Stone Soup (the "Operator") to further discuss the opportunity. The interactions resulted in the following terms that will form the basis of the proposed agreement: • The Operator would offer their services primarily from the existing pavilion at the park; • As an alternative to the pavilion, the Operator would be permitted the option of placing a trailer on site beside the pavilion. The City would approve the final location, size and dimensions of the trailer. The Operator would remove the trailer by the end of the license period. The Operator would repair damage caused by the trailer; • The Operator would keep the immediate area clean and tidy; • The City permits the use of nearby power sources. All arrangements and costs associated with the establishment and use of power through Saint John Energy are the responsibility of the Operator; • The City permits the placement of an approved number and specifications for picnic tables and/or benches for inside the pavilion. These items will not be affixed unless otherwise approved by the City. The Operator is responsible for the removal of these items at the end of the agreement. The City may assist in the acquisition of these items but is not obligated to do so under the terms of this agreement; • The City agrees to regularly mow the grass in front of the pavilion; • The City agrees to move the pile of rocks currently blocking access to the pavilion; • The City agrees not to charge rental fees to the operators, and • The agreement would expire at the end of November 1, 2017. Staff notes the pile of rock was placed in its present location temporarily. The rocks are for use as work continues to stabilize the bank along a portion of the park. !1'7 -3 - SERVICE AND FINANCIAL OUTCOMES As the Operator assumes the majority of costs associated with the set-up and operations of the canteen, costs to the City are minimal. Relocation of the rock pile from its temporary location will require minimal staff resouces. Other noted investments are expected regardless of the added service as Fallsview Park improvements continue in the future. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Solicitors Office developed the agreement in partnership with the City's Parks & Recreation Division. ATTACHMENTS Materials presented with Item 11.3 at Common Council's June 26, 2017 Council meeting. Agreement to follow. Received Date June 22, 2017 Meeting Date June 26, 2017 Open or Closed Open Session His Worship Don Darling and Members of Common Council Your Worship and Councillors: Subject: Saint John Learning Exchange, Stone Soup Enterprise Division, proposal to operate a Grab and Go Snack Stand at the Fallsview Location (off Douglas Avenue) Background: The Learning Exchange (Stone Soup Division) is proposing to operate a seasonal pop up tent at Fallsview that would allow the Learning Exchange to provide the cruise ship passengers an opportunity to purchase snacks and souvenirs from local vendors. Motion: RESOLVED that the City of Saint John enter into a partnership Agreement for the 2017 season with The Learning Exchange and in collaboration with Discover Saint John to operate a grab and go snack stand at the Fallsview location. As a term of the Agreement, staff would provide in-kind services to assist in the site preparation and to oversee the details of the agreement, the existing structure (canopy) could be utilized and there would be collaboration with Discover Saint John on tourism business. Respectfully Submitted, (Received via email) Gerry Lowe Ward 3 Councillor City of Saint John SAINT JOHN P.O. Box 1971 Saint Jahn, NB Canada E2L 4L1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1 ---- — I 54 SUBMISSION TO COUNCIL FORM the City of Saint gahn ABOUT PERSON/GROUP First Name: Christina Last Name: Fowler Name of Organization/Group (where applicable): Saint John Learning Exchange Mailing Address: 139 Prince Edward St City or Town: Saint John Province: N.B Postal Code: E2L 3S3 Day Time Phone Number: 506 648-0202 Email: Christina.fowler@sjle.org If you do NOT wish to have your personal information (address, phone number, email) become part of the public record, please check this box. ABOUT YOUR SUBMISSION Topic of Submission: Pop Up Snack Stand at Fallsview Purpose for Submission (what is the ask of Council): A request for permission to operate a grab and go snack stand at the Fallsview location. Executive Summary: See attached proposal from the Saint John Learning Exchange; Stone Soup social enterprise division. We are asking that Common Council make a motion to grant special permission for the Learning Exchange, division Stone Soup to operate a grab and go snack stand at the Fallsview location. The motion would extend to us utilizing the existing structure for this season and allow Community Development staff to oversee the details of the agreement. YOUR SIGNATURE Signature: Christina Fowler Date: 2017-06-20 June 20, 2017 MMIONIMIM To: Saint John Common Council, educate - uunncvat(�:.- einIoo. qei' Please accept this proposal from the Saint John Learning Exchange; Stone Soup social enterprise division. We are asking that common council make a motion to grant special permission for the Learning Exchange, division Stone Soup to operate a grab and go snack stand at the Fallsview location. The motion would extend to us utilizing the existing structure for this season and allow Community Development staff to oversee the details of the agreement. Sincerely, Christina Fowler Executive Director The Saint John Learning Exchange 506-648-0202 Christi na.fowler@sjle.org Tel. (506) 648-0202 Fant. (506) 658-0785 139 Prince Edward Street, Suite A6 * Saint John, NB * E2L 3S3 June 20th, 2017 r ARNING 11 ouuuuuuuuuuuo� uuuuuu u�i Attention Saint John City Council, edjcato - uii, riii ()vat(:.- e ITiI!J (:1, Stone Soup is a social enterprise of the Saint John Learning Exchange: a non-profit education & employment center. We train and hire program participants, providing them meaningful employment, and a living wage to prepare nutritious and delicious foods. We believe these are all essential ingredients for a healthy community! Revenue from Stone Soup is used to support the no -fee education and employment services of the Learning Exchange. Our achievements are also linked to our talented, generous community and their willingness to contribute to, and share in, the recipe for our success. Stone Soup is the very first Social Enterprise of the Saint John Learning Exchange. It began in 2013, when participants of the Workplace Essential Skills (WES) program participated in a class project involving food. That class project turned into a small catering business which enabled WES program participants the opportunity to develop literacy and workplace skills. We have grown quite a bit, over the years. Our first cafe was opened in the YMCA, where we specialize in whole healthy foods which cater to the customers and staff of the multipurpose recreational facility. The cafe is a ready to go cafe that provides made to order sandwiches and salads. In the summer of 2016, we were excited to extend our partnership with the YMCA with the addition of Camp Glenburn. During the summer months, we feed approximately 175 children 3 meals and 2 snacks daily. We have been able to accommodate the needs of the children by servicing the requirements of the different age groups that participate in Camp. We have also maintained a successful relationship with the Boys and Girls Club for the past two years where we provide hot lunches in our in house lunch program. The hot lunch program serves 100 children from Prince Charles School a nutritious, hot lunch 5 days a week, during the school year. In addition to the Prince Charles School hot lunch program, we also provide hot lunches for to up to 300 additional children daily, throughout the Saint John area, in the following schools: • Havelock • Forest Hills • Island View Tel. (506) 648-0202 Fax. (506) 658-0785 139 Prince Edward Street, Suite N6 * Saint John, NB * E2L 3S3 • Barnhill • Divine Mercy r ARNING 11 ouuuuuuuuuuuo� uuuuuu u�i ed jcato - uii, riii ()vat,:,- e ITi j0 W (: 1, These children are provided with the same nutritious meals as the children in the in house lunch program. Lately there has been interest shown from other schools in the area such as Harbour View High School, Saint John High School, New Brunswick Community College, and the new west side elementary school to have Stone Soup provide cafeteria services. They are very interested in how we strive to provide exceptional service while also providing participants from the Learning Exchange the opportunity to apply and expand their knowledge, skills and confidence. Following a conversation with Victoria Clarke from Discover Saint John, we discovered that there was a need for a "grab and go" service, at the cruise ship destination Fallsview, located on the city's North End. Victoria described an opportunity at this location to service a need (to provide cruise ship passengers a place where they can stock up on snacks and souvenirs) and based on our entrepreneurial spirit, we saw it as an opportunity to expand our business line. Presently, we are in the process of opening a new cafe in the Social Enterprise Hub on Prince Edward St. We are hopeful that we can make Fallsview a staple for cruise ship visitors in the near future and therefore, see the opportunity at Fallsview as a pilot operation. The Fallsview location will give us the learning tools for other "tourism" business ventures. We will scale based on demand which will lay the foundation to another business vision; making the Social Enterprise Hub a destination hot spot among cruise ship visitors. What we are proposing is a seasonal pop up tent at Fallsview that would provide the Cruise ship passengers an opportunity to purchase snacks such as, but not limited to: • Granola • Granola Bars • Water • Cookies • Muffins • Maple Products • Dulse • Popcorn • Brown bag lunches • Energy balls • Cold refreshments • Fruit bowls • Coffee Tel. (506) 648-0202 Fax. (506) 658-0785 139 Prince Edward Street, Suite gJ6 * Saint John, NB * E2L 3S3 r ARNING 11 ouuuuuuuuuuuo� uuuuuu u�i edjcato - uii, riii ()vat,:,- e ITiI!J 0, W (:1, What would be better than one Social Enterprise?? Two Social Enterprises!! We would also like to extend the customers experience by partnering with the Learning Exchanges newest Social Enterprise, the Impact Market. The Impact Market, like Stone Soup, is a Social Enterprise that sells products within one or more of our four pillars: Social, Environmental, Cultural, and Local. Every purchase made in the Impact Market has a positive impact. This partnership would allow us to not only serve snacks but it would also enable us to sell items or souvenirs from local vendors to the visitors of our city. Our idea is to start small and grow organically. If we are successful with our Grab and Go location this will allow us to accomplish the following: • Fill a need by providing snacks and souvenirs for cruise ship passengers in an area where there is currently no such services. • Provide an opportunity for local people to gain employment. • Provide an opportunity for learners at the Learning Exchange to develop workplace skills. • Create an opportunity for a local business. • Grow awareness within the community. • Generate our profits back into our organization so we can develop new services and opportunities for our learners. • Show other countries that Saint John is on the map when it comes to maximizing improvements in human and environmental well being. • Provide a value add for the Saint John tourism industry. • Form a partnership between The City of Saint John and The Saint John Learning Exchange. We have considered the market, potential customer base (last year 64 ships came into port with approximately 144,000 passengers and 57,700 crew members) and our eligibility to generate revenue in this type of "Grab and Go" business and we feel confident that we have the potential to attract customers to this location. The city is invested in the 5 priority neighborhoods in Saint John and this would be a great opportunity to partner with The Saint John Learning Exchange. The learners will have an abundance of opportunities to develop literacy and workplace essential skills when they have options between the multiple branches of the social enterprises. They will be able to apply and expand their knowledge, skills and confidence and in return will result in increases in employment and job retention. It will give The Saint John Learning Exchange and The City of Tel. (506) 648-0202 Fax. (506) 658-0785 139 Prince Edward Street, Suite N6 * Saint John, NB * E2L 3S3 'the 11111111111XC 1111A 40 LEARNING ��11 III edjcato - uii, riii ()vat,:,- e ITiI!J (:1, Saint John the opportunity to work together to strengthen the quality of life for some of our city's most vulnerable. We would love the opportunity to partner with The City of Saint John to grow our business lines to include the tourism industry while helping our learners gain experience in social skills and customer service. This could be a small step in a huge direction and we want to share the experience with the city and the citizens of Saint John. We look forward to hearing from you and getting started with this project. Sincerely, Margaret McDevitt Social Enterprise Developer The Saint John Learning Exchange \."L ',Id hl kti, 'V'CS Tel. (506) 648-0202 Fax. (506) 658-0785 139 Prince Edward Street, Suite M6 * Saint John, NB * E2L 3S3 THIS LICENCE made in duplicate as of the day of 2017 THE CITY OF SAINT JOHN having its City Hail at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "Licensor", OF THE FIRST PART - and THE SAINT JOHN LEARNING EXCHANGE LTD., a body corporate duly incorporated under the laws of the Province of New Brunswick, having its head office in the City of Saint John in the County of Saint John and Province of New Brunswick, hereinafter tailed the "Licensee", OF THE SECOND PART RECITALS: WHEREAS the Licensor is the owner of the lands bearing PID numbers 378505 and 428664 shown on Schedule A attached hereto and forming part hereof (hereinafter the "Lands"); AND WHEREAS the Licensee wishes to operate a `grab and go" service for the sale of snack food products and souvenir items produced by local artisans from the Blue -roofed Pavilion (the "Pavilion") situate on the Lands; AND WHEREAS the Licensor has agreed to give the within Licence under the terms and conditions hereinafter set forth; NOW THEREFORE THIS LICENCE WITNESSETH that for and in consideration of the sum of Two Dollars of lawful money of Canada now paid by the Licensee to the Licensor, the receipt and sufficiency whereof is hereby acknowledged, the Licensor does hereby grant, subject to the terms, conditions, covenants and provisions herein contained, permission and Licence to the Licensee to enter into and upon and exit from the Lands for the sole purpose of using the Pavilion to set up and operate a "grab and go" service for the sale of snack food products listed in Schedule "B" attached hereto and forming part hereof together with souvenir items produced by local artisans, on the following terms and conditions: 6.151! Licence Agreement The City of Saint John and The Saint John Learning Exchange Ltd. Page 2 of 4 IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. This Licence shall be for a period of four (4) months, beginning on July 10, 2017 and ending November 14, 2017 (the 'Term"). 2. The Licence may be terminated at any time by the Licensor giving to the Licensee thirty (30) days written notice to terminate this Licence or by the Licensee giving to the Licensor a like notice. 3. Notice to the Licensor shall be to the Common Clerk of the City of Saint John at 15 Market Square, P.O. Box 1971, Saint John, New Brunswick, E211- 41-1, with a copy to the attention of Timothy O'Reilly, Deputy Commissioner, Parks and Public Spaces at the same address. Notice to the Licensee at 162 Union Street, Saint John, New Brunswick E2L 1A8 together with a copy to the Licensee addressed to 139 Prince Edward Street, Suite 216, Saint John, New Brunswick, E21- 353. 4. Notwithstanding anything else herein contained, thus Licence may be terminated forthwith without notice to the Licensee in the event that the Licensee shall, in the opinion of the Licensor, be in default of any of the terms and conditions of this Licence 5. No transfer or assignment of this Licence or of any of the rights or privileges herein granters shall be made, or caused or permitted to be made by the licensee. 6. The Licensee hereby covenants and agrees with the Licensor as follows: a) that they shall only use the Pavilion for the "grab and go" service selling the products listed in Schedule "B" and for no other purpose; b) that they shall pay for all connection and operational costs associated with electrical power, water and drainage service (if any) for the "grab and go" service and for the disconnection of the same upon the completion of the Term; c) that they may operate the "grab and go" service during daylight hours during the Term, provided that they shall operate when one or more cruise ships are docked in the Saint John Harbour as set out in Schedule act-; 1s f d) that no passenger andlor cargo vehicles are permitted upon the Lands provided that with the prior written approval of the Deputy Commissioner, Parks and Public Spaces, the Licensee may park and operate from a Licence Agreement The City of Saint John and The Saint John Learning Exchange Ltd. Page 3 of 4 mobile unit instead of from the Pavilion such mobile unit to be placed upon the Lands at the discretion and direction of the Licensor, e) that they shall comply with all applicable Canadian Food Inspection Agency and other applicable regulations and legislation; f) that they shall not use the Lands for any other purpose than that which is stated at paragraph a) hereof; g) that they shall keep the area around the Pavilion clean and tidy at all times and clean up daily in the immediate area surrounding the Pavilion. Clean up shall include the disposal of any/all debris associated with fast food delivery (pop cans, bottles, coffee, cups, napkins, plates, utensils and related articles) within a 40 foot diameter of the Pavilion; h) that they shall, at no expense to the Licensor, obtain and maintain in full force and effect during the entire term of this Licence, a Commercial General Liability Insurance policy with policy limits of not less than five million dollars ($5,000,000-00) inclusive per occurrence for bodily injury and property damage; which policy shall name the City as an additional insured and shall contain a cross -liability clause; i) that they shall, on or before the commencement of operation, submit to the City a Certificate of Insurance or other satisfactory evidence of having obtained and maintained the insurance coverage required at paragraph h) hereof; IT IS FURTHER MUTUALLY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 7. No change or modification of this Licence shall be valid unless it is in writing and signed by the Licensor and the Licensee. 8. This Licence supersedes and takes the place of all prior agreements entered into by the parties with respect to the Licensed Area. 9. This Licence shall not be enforced or bind any of the parties thereto, until executed by all the parties named in it. 10. Notwithstanding any clauses herein, the Licensee does hereby indemnify and save harmless the Licensor from all damages, cost, claims, demands, actions, suits or other proceedings by whomsoever cialmed, made, brought or prosecuted in any manner and whether in respect of property owned by others or in respect of damage sustained by others based upon or arising out of or in connection with the use of the Lands pursuant to the within Licence or anything done or purported to be done in any manner hereunder, except for damages caused by the City's negligence. 67� Licence Agreement The City of Saint John and The Saint John Leaming Exchange Ltd, Page 4 of 4 THIS LICENCE shall enure to the benefit of and be binding upon successors and assigns of the parties hereto respectively, SIGNED, SEALED & DELIVERED In the presence of: )THE CITY OF SAINT JOHN Mayor Common Clerk Per: Title: n Per, Title: 61FA 1 6'x:3 Ll Snack food products to be sold at "grab and go" service at Fallsview Park: Granola 0 Granola Bars 0 Water Cookies W Muffins P Maple Products 0 Dulse Popcorn Brown Bab Lunches Energy Balls Cold Refreshments Fruit Bowls Coffee and such similar products with the prior approval of the Licensor represented by the Deputy Commissioner, Parks and Public Spaces. 6'1%] Cruii � SalntJohn SCHEDULE " The most up-to-date sthdule ran always be found on our website: Ais] AI COUNCIL REPORT M&C No. 2017-193 Report Date July 05, 2017 Meeting Date July 10, 2017 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Public Information Session: Tilley Avenue — Sanitary Lift Station and Sewer Improvements OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager John Campbell 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 a Public Information Session that will be held in relation to the Tilley Avenue — Sanitary Lift Station and Sewer Improvements project, and to update Council on the status of the project. PREVIOUS RESOLUTION November 9, 2015; 2016 Water & Sewerage Utility Fund Capital Program Approved November 14, 2016; 2017 Water & Sewerage Utility Fund Capital Program Approved. March 6, 2017; 2017 Water & Sewerage Utility Fund Capital 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. I' -2 - REPORT The approved 2016 and 2017 Water & Sewerage Utility Fund Capital Programs include a project for a new sanitary lift station, force main and sewer system improvements in the Tilley Avenue area. The design work for these improvements is completed and the project was tendered on June 20, 2017 with tenders closing on July 4, 2017. Construction is expected to begin in August, 2017 and continue into November, 2017. This is a project that will have some impact on the local area during construction. It is for this reason that staff have decided to hold a Public Information Session to allow local residents an opportunity to view the project drawings, ask questions and provide feedback. The Public Information Session will be held at the Rockwood Park Interpretation Centre on Tuesday, July 11, 2017, from 5 to 7 p.m. This report is being provided for the information of Council and to extend an invitation to any Councillors who may wish to attend the Public Information Session. The Public Information Session will be advertised and a copy of the attached notice will be delivered door to door in the project area. SERVICE AND FINANCIAL OUTCOMES The municipal infrastructure in this area requires improvements including the addition of a sanitary lift station. Improvements to this infrastructure will reduce the likelihood of future service interruptions. The approved 2016 and 2017 Water & Sewerage Utility Fund Capital Programs include funding for the design, construction and construction management components of the project. Partial funding for this project will come from the Clean Water Wastewater Fund. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/a ATTACHMENTS Public Information Session Notice W PUBLIC INFORMATION SESSION TILLEY AVENUE - SANITARY LIFT STATION AND SEWER IMPROVEMENTS The City of Saint John will be installing new infrastructure on Tilley Avenue, from McKenna Crescent to Gilbert Street, and on Gilbert Street, from Tilley Avenue to Civic #223. There will be a new sanitary lift station constructed, as well as new sanitary sewer, and sanitary force main installed, including renewal of existing sanitary services to each residence on Tilley Avenue up to the property line. Construction is expected to begin in August and continue into November 2017. Prior to construction, another notice will be distributed to inform residents of the construction schedule. Although there will be traffic delays on Tilley Avenue and Gilbert Street, it is our intention to keep these inconveniences to a minimum. This project is part of the City's ongoing commitment to continually improve its infrastructure. This project is part of 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 Crandall Engineering Ltd. 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 time: Date: Tuesday, July 11, 2017 Time: 5:00 — 7:00 pm Location: Rockwood Park Interpretation Centre 10 Fisher Lakes Drive For further information about this project, contact the Consultant, Crandall Engineering Ltd., at (506) 693-5893 or Saint John Water at (506) 658-4455. AElI COUNCIL REPORT M&C No. 2017-192 Report Date July 05, 2017 Meeting Date July 10, 2017 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT. Contract No. 2016-05: Tilley Avenue — Sanitary Lift Station and Sewer Improvements OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadtJeffTrail Manager John Campbell Brent McGovern /Brian Keenan RECOMMENDATION It is recommended that Contract No. 2016-05: Tilley Avenue — Sanitary Lift Station and Sewer Imrovements be awarded to the low Tenderer, Fairville Construction Ltd. at the tendered price of $723,427.63 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award Contract 2016- 05: Tilley Avenue — Sanitary Lift Station and Sewer Improvements to the low Tenderer. PREVIOUS RESOLUTION November 9, 2015; 2016 Water & Sewerage Utility Fund Capital Program Approved. November 14, 2016; 2017 Water & Sewerage Utility Fund Capital Program Approved. March 6, 2017; 2017 Water & Sewerage Utility Fund and General Fund Capital Program Adjustments Approved. ARI -2 - STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. REPORT BACKGROUND The approved 2016 and 2017 Water & Sewerage Utility Fund Capital Programs include funding for a new sewage pumping station, force main and sewer system improvements in the Tilley Avenue area. 1111►U711Ckak1631110161 Tenders closed on July 4, 2017 with the following results, including HST: 1. Fairville Construction Ltd., Saint John, NB $ 723,427.63 2. Terraex Inc., Saint John, NB $ 791,826.75 3. Galbraith Construction Ltd., Saint John, NB $ 809,727.65 The Engineer's estimate for the work was $779,400 including HST. ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. Work is expected to begin in August and continue until November, 2017. Id10Fil01:0/_1N1LTA I»[4YTINI M 0161 The Contract includes work that is charged against the 2016 and 2017 Water & Sewerage Utility Fund Capital Programs. Partial funding for the Tilley Avenue — Sanitary Lift Station and Sewer Improvements project will come from the Clean Water Wastewater Fund. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. C�� -3 - The analysis is as follows: Budget $ 740,000 Project net cost $ 756,190 Variance (Shortfall) ($16,190) This projected budget shortfall can be managed within the overall 2017 Water & Sewerage Utility Fund Capital Program. POLICY—TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. SERVICE AND FINANCIAL OUTCOMES The work on Tilley Avenue is necessary to upgrade the existing sanitary sewer system which will reduce the likelihood of future service disruptions in the area. The construction of a new pumping station will reduce the load placed upon existing Lift Station #6. This project will be completed under the approved 2016 and 2017 Water & Sewerage Utility Fund Capital Programs. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/a ATTACHMENTS N/a AYA COUNCIL REPORT M&C No. 2017-182 Report Date June 28, 2017 Meeting Date July 10, 2017 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Award of Tender — Carleton Community Centre Window Replacement Phase Two (2017-085101T) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Jason Barton Kevin Fudge/lan Fogan/Samir Yammine Jeff Trail RECOMMENDATION It is recommended that the tender submitted by Eclipse Construction Services Ltd., for the replacement of select windows of the Carleton Community Centre, in the amount of $160,811.99 plus HST be accepted, and further, that a contingency allowance in the amount of $10,000 be added, for a total award amount of $170,811.99 plus HST. EXECUTIVE SUMMARY The purpose of this report is to seek Common Council's approval to award the tender for the replacement of remaining windows of the Carleton Community Centre to the lowest compliant bidder. PREVIOUS RESOLUTION Not applicable STRATEGIC ALIGNMENT This project will contribute to the maintainance and protection of the quality and integrity of the Carleton Community Centre in an environmentally sustainable way, which reinforces the principles of PlanSJ. Furthermore, being a community recreation facility, investment into it will allow the Carleton Community Centre C�:3 to continue to provide diverse and accessible opportunities to engage recreation activities in a safe environment. REPORT The Carleton Community Centre is located in West Saint John, and provides programs for all ages including, but not limited to: youth dances, volleyball, ball hockey, cheerleading, and cooking classes. Although the building is much older, the windows of the facility date back to 1980, are in poor condition, have been subject to leaking, and have surpassed their expected useful life of 30 years. The windows also tested positively for the presence of lead paint, which is considered a hazardous material if disturbed/injested. The proposed project is phase two of a two -phased project for the replacement of the windows of the facility. Phase two will focus on the windows of the East and West elevations of the building, and will include the replacement of 18 windows. The replacement windows will be aluminum -framed, double -glazed units, replacing the old wood -framed units. These windows will be more energy efficient in addition to being water tight. The windows will be manufactured such that the heritage character of the building is maintained. The removal and disposal of the old wood -framed units will be undertaken in accordance with safe work practices for the removal of lead containing materials. SERVICE AND FINANCIAL OUTCOMES The total cost to perform the replacement of the remaining windows of the Carleton Community Centre, if awarded to the lowest bidder as recommended, will be $178,132.98 including the HST and factoring in the HST rebate. This includes a $10,000 contingency allowance. Council has approved under the Capital budget 2017, $120,000 toward the capital replacement of the remaining windows of the Carleton Community Center. The cost for the replacement windows will exceed the approved budget by approximately $40,000 excluding HST and contingency. However, staff have identified projects in the Facility Managment capital budget 2016/17, which are under budget to offset the cost. C:1'] -3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS A public tender call was issued on May 25, 2017 and closed on June 20, 2017. Three (3) compliant tenders were submitted with the following results (excluding HST) : tOMPAAYNAME, TENDtR;PENCE, (excluding HST) Eclipse Construction Services Ltd $160,811.99 Avondale Construction Ltd $168,247.00 Transit Construction Inc. $179,800.00 Staff of Materials Management and Facilities Management have reviewed the tenders and have found them to be complete and formal in every regard. Staff believes that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. ATTACHMENTS Not applicable June 21, 2017 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Subdivision 180 Cosy Lake Road The Committee considered the attached report at its June 20, 2017 meeting. No persons appeared before the Committee and no letters were received regarding the application. After considering the report, the Committee adopted the staff recommendation concerning the vesting of land for public purposes in conjunction with the subdivision of land. RECOMMENDATION: The City of Saint John. That Common Council authorize the acceptance of money -in -lieu of the required land for public purposes (LPP). Respectfully submitted, Eric Falkjar Chair Attachments Page 1 of 1 71 The City of Saint. John Date: June 16, 2017 To: Planning Advisory Committee From: Growth & Community Planning Growth & Community Development Services For: Meeting of Tuesday, June 20, 2017 SUBJECT Applicant: Stephen & Lisa Faulder Owner: Bruce M. Faulder Location: 180 Cosy Lake Road PID: 55005425 Existing Plan Designation: Rural Residential Existing Zoning: Rural (RU) Application Type: Subdivision Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council concerning the vesting of land for public purposes in conjunction with the subdivision of land. Page 1 of 5 72 Stephen & Lisa Faulder 180 Cosy Lake Road June 16, 2017 SUMMARY The applicant is proposing to subdivide a 4.05 hectare property containing an existing single unit dwelling into two lots to allow for the construction of a second dwelling. Staff recommend that Council receive money -in -lieu of land for public purposes (LPP). RECOMMENDATION That Common Council authorize the acceptance of money -in -lieu of the required land for public purposes (LPP). DECISION HISTORY On May 29, 2013 Common Council gave first and second reading to the Municipal Plan Amendment to designate the property at 180 Cosy Lake Road from Rural Resource to Rural Residential. Third reading of the Municipal, Plan Amendment was given on June 12, 2017. The Municipal Plan Amendment provides a policy framework for the proposed subdivision to proceed. ANALYSIS Proposal The applicant is proposing to subdivide an existing 4.05 hectare property, which is zoned Rural (RU) into two lots, one which would accommodate the existing residence on the property with the second lot (Lot 16-01) being proposed as the location of an additional dwelling. The lot for the proposed dwelling would have an area of 2.54 hectares. The application requires the Planning Advisory Committee (PAC) and Council to consider accepting money -in -lieu of land for public purposes (LPP). The City's Subdivision By-law states that only land that is dedicated as a pedestrian walkway shall be received as LPP, and that in all other cases money -in -lieu should be considered in place of land. Site and Neighbourhood The property is located in a rural location approximately 14 kilometres from the city centre along the western side of Cosy Lake Road in the eastern portion of the City. The area along Cosy Lake Road consists of unserviced single unit residential development on lot sizes that generally range up to 4.9 hectares. Page 2 of 5 73 Stephen & Lisa Faulder 180 Cosy Lake Road June 16, 2017 The parcel is bounded by Cosy Lake Road to the east, the Airport Arterial to the west a vacant lot to the north and a lot containing an existing dwelling to the south. Municipal Plan and Zoning The property is designated as Rural Residential in the Municipal Plan which allows for a lot size variance to be granted to reduce the required lot size from the minimum 4 hectare lot size require in the Rural (RU) zone. Subdivision The City's Subdivision By-law states that only land that is dedicated as a pedestrian walkway shall be received as LPP, and that in all other cases money -in -lieu should be considered in place of land. In addition to the direction offered by the Subdivision By-law, the City's recreational master plan, "PlaySJ," provides Council the direction to consider money -in -lieu of LPP when possible as there is currently a larger number of public parks and playgrounds in Saint John than is needed for the target service -level to residents. The Plan suggests that the quality of green spaces is more important than the quantity. The Subdivision By-law requires eight percent of the market value of the land to be provided to the City as a money in -lieu of LPP. The required variances for lot size and frontage will be issued by the Development Officer. Conclusion The applicant is seeking to subdivide the existing lot at 180 Cosy Lake Road to create an additional building lot as generally illustrated on the attached Tentative Subdivision Plan. Staff recommend that Council receive money -in -lieu of land for public purposes. ALTERNATIVES AND OTHER CONSIDERATIONS No alternative considerations are recommended for this application. ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on May 5, 2017. Page 3 of 5 74 Stephen & Lisa Faulder 180 Cosy Lake Road June 16, 2017 SIGNATURES AND CONTACT Prepared YJ Mark Reade, P.Eng., MCIP, RPP Senior Planner Contact: Mark Reade Phone: (506) 721-0738 E-mail: mark.reade@saintjohn.ca Project: 16-235 Approved: Ja queline Hamilton, MURP, MCIP, RPP Commissioner Page 4 of 5 75 Stephen & Lisa Faulder 180 Cosy Lake Road June 16, 2017 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Submission 1: Tentative Subdivision Plan Page 5 of 5 76 June 21, 2017 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Subdivision Lands adjacent to 165 Mcllveen Drive The Committee considered the attached report at its June 20, 2017 meeting. Brian Irving, General Manager of Saint John Industrial Parks, appeared before the Committee and was in agreement with Staff Recommendation. No persons appeared before the Committee and no letters were received regarding the application. After considering the report, the Committee adopted the staff recommendation concerning the vesting of land for public purposes in conjunction with the subdivision of land. RECOMMENDATION: The City of Saint John. That Common Council authorize the acceptance of money -in -lieu of the required land for public purposes (LPP). Respectfully submitted, 'e Eric Falkjar Chair Attachments Page 1 of 1 77 The City of Saint. John Date: June 16, 2017 To: Planning Advisory Committee From: Growth & Community Planning Growth & Community Development Services For: Meeting of Tuesday, June 20, 2017 SUBJECT Applicant: Saint John Industrial Parks Ltd. Owner: Saint John Industrial Parks Ltd. Location: Adjacent to 165 Mcllveen Drive PID: 00337386 and 00370429 Existing Plan Designation: Heavy Industrial Existing Zoning: Medium Industrial (IM) Application Type: Subdivision Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council concerning the vesting of land for public purposes in conjunction with the subdivision of land. Page 1 of 4 78 Saint John Industrial Parks Ltd. Adjacent to 165 Mcllveen Drive June 16, 2017 SUMMARY The applicant is proposing to subdivide a 2.02 hectare lot for industrial development. Staff recommend that Council receive money -in -lieu of land for public purposes (LPP). RECOMMENDATION That Common Council authorize the acceptance of money -in -lieu of the required land for public purposes (LPP). DECISION HISTORY There are no previous decisions relating to the application. ANALYSIS Proposal The applicant is proposing to subdivide a 2.02 hectare lot from two existing parcels of land for future industrial development. The application requires the Planning Advisory Committee (PAC) and Council to consider accepting money -in -lieu of land for public purposes (LPP). The City's Subdivision By-law states that only land that is dedicated as a pedestrian walkway shall be received as LPP, and that in all other cases money -in -lieu should be considered in place of land. Site and Neighbourhood The property is located along the southern side of Mcllveen Drive in the McAllister Industrial Park. This section of Mcllveen Drive includes existing commercial and industrial enterprises and areas for future subdivision to support industrial development. The proposed lot would be bordered to the east by an equipment rental business with areas for future industrial development located to the west of the proposed lot. Municipal Plan and Zoning The property is designated as Heavy Industrial in the Municipal Plan and is zoned Medium Industrial (IM). Subdivision The City's Subdivision By-law states that only land that is dedicated as a pedestrian walkway shall be received as LPP, and that in all other cases money -in -lieu should be considered in place of land. In addition to the direction offered by the Subdivision By-law, the City's recreational master plan, "PlaySJ," provides Council the direction to consider money -in -lieu of LPP when possible as there is currently a larger number of public parks and playgrounds in Page 2 of 4 79 Saint John Industrial Parks Ltd. Adjacent to 165 Mcllveen Drive June 16, 2017 Saint John than is needed for the target service -level to residents. The Plan suggests that the quality of green spaces is more important than the quantity. The Subdivision By-law requires eight percent of the market value of the land to be provided to the City as a money in -lieu of LPP. Conclusion The applicant is seeking to subdivide the existing properties adjacent to 165 Mcllveen Drive to create an additional building lot for industrial development. Staff recommend that Council receive money -in -lieu of land for public purposes. ALTERNATIVES AND OTHER CONSIDERATIONS No alternative considerations are recommended for this application. ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on June 9, 2017. SIGNATURES AND CONTACT Prepared Mark Reade, P.Eng., MCIP, RPP Senior Planner Contact: Mark Reade Phone: (506) 721-0738 E-mail: mark.reade@saintjohn.ca Project: 17-115 Approved: Ja queline Hamilton, MURP, MCIP, RPP Commissioner Page 3 of 4 80 Saint John Industrial Parks Ltd. Adjacent to 165 Mcllveen Drive June 16, 2017 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Submission 1: Tentative Subdivision Plan Page 4 of 4 81 00 4- 0 0 M. 13 M �\� M. - RE E F. 5d5 21, ea C: r' 0 (Y) C: a) C!� 0 � a) 7- 2.02ha 5.0 Acres A -7S COUNCIL REPORT M&C No. 2017-187 Report Date July 04, 2017 Meeting Date July 10, 2017 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Contract No. 2017-14: Howes Lake Landfill - Cover Repairs OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Kevin O'Brien Michael Hugenholtz/ Brian Keenan Jeff Trail RECOMMENDATION It is recommended that Contract No. 2017-14: Howes Lake Landfill - Cover Repairs be awarded to the low Tenderer, Steele Trucking Ltd., at the tendered price of $99,816.79 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award Contract No. 2017-14: Howes Lake Landfill -Cover Repairs to the low Tenderer. PREVIOUS RESOLUTION November 28, 2016 - 2017 General Fund Capital Program Approved. March 6, 2017 — 2017 General Fund 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. E:1:3 -2 - REPORT BACKGROUND The approved 2017 General Fund Capital Program includes funding for the localized repairs to the low permeability cover due to erosion at the former Howes Lake Landfill site. I 111 U711 all all 163110 1 61 Tenders were closed on July 4, 2017 with the following results, including HST: 1. Steele Trucking Ltd., Saint John, NB $ 99,816.79 2. Spectrum Enterprises Inc., Saint John, NB $ 113,517.94 3. Galbraith Construction Ltd., Saint John, NB $ 141,576.50 4. TerraEX Inc., Saint John, NB $ 148,971.00 5. Maguire Excavating Ltd., Saint John, NB $ 155,071.18 The Engineer's estimate for the work was $111,883.50, including HST. /_101FAW01161 The tenders were reviewed by staff and were found to be formal in all respects with the exception of the one from Debly Enterprises Ltd. which was rejected by the Tender Opening Committee in accordance with Division 2.8.03 (g) as the tenderer failed to apply their corporate seal to the Form of Tender. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2017 General Fund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. The analysis is as follows: Budget $100,000 Project net cost $121,400 Variance (Shortfall) $ 21,400 The projected budget shortfall can be managed within the overall 2017 General Fund Capital Program envelope. E-lue -3- Igo] 114V=II1►19711 ilk] 1►[eto] aW0F-1iI: e141 M 011150]►1111ATTO W The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. SERVICE AND FINANCIAL OUTCOMES Approximatley one third of the former Howes Lake Landfill area was covered with a low permeability cover system between 2004 and 2007. Since this cover was constructed, several heavy rainfall events have taken place and as a result, localized areas of the landfill cover have eroded. By undertaking these repairs, further damage to the cover system will be mitigated. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A 0I91 COUNCIL REPORT M&C No. 2017-188 Report Date July 4, 2017 Meeting Date July 11, 2017 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: 2017 - 463002P — Packaged Wastewater Treatment Plant — Morna and Greenwood Wastewater Treatment Plant Upgrades OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadtJeffTrail Manager Kevin O'Brien Brent McGovern /Brian Keenan RECOMMENDATION It is recommended that: Request for Proposal No. 2017-463002P: Packaged Wastewater Treatment Plant — Morna and Greenwood Wastewater Treatment Plant Upgrades be awarded to Premier Tech Aqua at the cost of $326,240.00 (excluding HST). EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award the supply, delivery and commissioning of two packaged wastewater treatment plants, one for the Morna Heights Wastewater Treatment Facility upgrade and one for the Greenwood Subdivision Wastewater Treatment Facility upgrade to Premier Tech Aqua. PREVIOUS RESOLUTION November 14, 2016; 2017 Water & Sewerage Utility Fund Capital Program Approved. March 6, 2017; 2017 Water & Sewerage Utility Fund Capital Program Adjustments Approved. 021 -2 - STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. REPORT BACKGROUND The 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. PURPOSE The purpose of this report is to make a recommendation for the engagement of an equipment supplier for the supply, delivery and commissioning of two (2) packaged wastewater treatment plants, one for the Morna Heights Wastewater Treatment Facility and one for the Greenwood Subdivision Wastewater Treatment Facility. SERVICE AND FINANCIAL OUTCOMES The proposed cost of work from Premier Tech Aqua to provide supply, delivery and commissioning services for two packaged wastewater treatment plants, one for the Morna Heights Wastewater Treatment Facility upgrade and one for the Greenwood Subdivision Wastewater Treatment Facility upgrade is $326,240.00, excluding HST. The two Wastewater Treatment Facility projects, with total funding of $3,300,000, are included in the 2017 Water & Sewerage Utility Fund Capital Program for upgrading, including engineering design, environmental approvals, construction and construction management. This project is partially funded by the Clean Water Wastewater Fund as part of the second round of funding announcements and this award will allow us to remain within already approved budget amounts. Both the Morna Heights and Greenwood Subdivision Wastewater Treatment Facilities facilities have experienced issues with the mechanical systems in the past and both are in need of replacement. Additional contract work will be required to prepare the sites for the installation of these packaged wastewater treatment plants, installation of additional underground infrastructure and control systems, and the decommissioning and removal of the existing wastewater treatment facilities. This additional contract work will be publically tendered later this summer. ON -3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Materials Management facilitated the Request for Proposal (RFP) process to solicit proposals for the packaged wastewater treatment plants for the upgrades to the Morna Heights and Greenwood Subdivision Wastewater Treatment Plants. As such the RFP closed on Thursday, June 29, 2017 with the following companies responding by submitting proposals: Sapphire Water International Corp. — Calgary, AB RH2O North America Inc. — Breslau, ON Premier Tech Aqua —Terrebonne, QC A review committee, consisting of staff from Materials Management, Saint John Water and the City's Consultant, Dillon Consulting Limited, reviewed the submission for completeness and compliance with the RFP requirements and selection criteria consisting of the following: 1. Technical Merit 2. Demonstrated Delivery on Similar Projects 3. Vendor's Servicing Capabilities 4. Capital and Life Cycle Cost The proposal submitted by Premier Tech Aqua met all the requirements set forth in the RFP in a manner acceptable to the committee, with a cost effective bid for the project. The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. ATTACHMENTS N/A 019] COUNCIL REPORT M&C No. 2017-185 Report Date July 05, 2017 Meeting Date July 10, 2017 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: 2017 General Specifications Revisions OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Susan Steven -Power Brian Keenan m I Jeff Trail RECOMMENDATION It is recommended that this report be received and filed. EXECUTIVE SUMMARY The purpose of this report is to provide Council with an update regarding the 2017 General Specifications Revisions. PREVIOUS RESOLUTION November 17, 2003 (M&C 2003-310) - Common Council authorized that the Chief City Engineer may, from time to time, revise the technical provisions (Divisions 7 — 31), of the General Specifications. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. REPORT The General Specifications is an inclusive document for stakeholders bidding and/or working on City of Saint John municipal construction contracts. The General Specifications are organized around a series of divisions as identified below. The first five divisions are incorporated into each set of contract specification documents and, along with Division 6, are policies of SLI -2 - Council. The remaining divisions form the technical portion of the General Specifications. 1. Project Description 19. Crack Sealing Asphalt Pavements 2. Instructions to Tenderers and Tendering 20. Random Riprap Procedures 3. Particular Specifications 21. Restoration 4. Form of Tender 22. Culverts 5. Form of Agreement 23. Portland Cement Concrete 6. General Administration of Contract 24. Roadway Construction 7. Construction of Municipal Services 25. Chain Link Fencing 10. Water Systems 26. Landscaping 11. Sewer Systems 27. Asphalt Concrete 12. Manholes, Catch Basins and Valve 28. Chip Seal Chambers 13. Excavation, Trenching and Backfill 29. Gabions Requirements 16. Electrical Systems 30. Clay Brick Pavers 17. Traffic Signals and Signs 31. Guide Rail and Guide Posts 18. Expanded Asphalt Stabilization Between December 2016 and June 2017, Municipal Engineering undertook its annual General Specifications review process, concluding with a set of 2017 revisions for the General Specifications for use with all City of Saint John construction contracts. Staff continued to have dialogue with representatives of the Saint John Construction Association, and local contractors / suppliers to receive input from users of the documents. The comments and suggestions received were reviewed by our staff Specifications Review Committee and, where appropriate, revisions were incorporated into the technical divisions of the General Specifications. A summary of the 2017 revisions to the technical divisions of the General Specifications is attached to this report. A notice will be forwarded to stakeholders (contractors, consultants, staff, etc.) advising them that the 2017 General Specifications will be available for downloading from the City of Saint John's website. This notice will also serve as a reminder to stakeholders that the City encourages the submission of comments and/or suggestions for proposed revisions to the General Specifications document. It is understood by stakeholders that the revised General Specifications are to be used in conjunction with individual contract construction specifications and recognized authorities governing best practices for municipal engineering. OR -3 - SERVICE AND FINANCIAL OUTCOMES The technical divisions are updated on an ongoing basis, as technologies and engineering methods evolve and with the inclusion of specialty clauses for particular engineering projects tendered. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS A draft set of the 2017 General Specification revisions were recently forwarded to the Saint John Construction Association for their review and comments prior to finalizing the revisions. Staff continues to have dialogue with representatives of the Saint John Construction Association and local contractors / suppliers to receive input from users of the documents. The process to maintain current General Specifications is one that is ongoing. Stakeholders are encouraged to contribute their comments in writing at any time. ATTACHMENTS 2017 General Specifications - Summary of Revisions to Technical Divisions 7-31. CITT OF SA44T JOAN GENERAL • — LIST OF 2017 REVISED TECHNICAL SECTION1 SECTION TITLE Division 7 Table of Contents 7,28 Excavation and Construction Near Natural Gas Pipelines 7.30 Surface Maintenance and Reinstatement 1 0A.03 Gate Valves 10.4.14 Corrosion Protection 10.4.18 Bell and Spigot Restrainers for Watermains 10.5.18 Flushing and Disinfection of Watermains 11 4.03 PVC Gravity Sewer Pipe 125.03 Height Adjustments Division 17 Traffic Signals and Signs 30.5.06 Workmanship SAMPLE FORMS Table of Contents Sanitary Forcemain Leakage - Pressure Test Sanitary Sewer Air Test Report Storm Sewer Air Test Report Table of Contents 5045-202 Trench Bedding S045-203 Standard Manhole Sections S045-208 Typical Catch Basins S045-316 Decorative Light Pole Concrete Base Detail S045 -316A Pole with Traffic Arm Concrete Base Detail S045 -316B Pole with Traffic and Light Arm Concrete Base Detail S045 -316C Standard 1,5m Pedestrian Push Button Concrete Pole Base Detail S045 -316D Standard 2.4m Pedestrian/Traffic Concrete Pole Base Detail 5045-316E Pole with Light Arm Concrete Base Detail S045 -317B Aluminum Pole Pedestrian Signal at MID Block Location S045-318 Standard Pedestrian Crosswalk Concrete Pole Base Detail S045-332 Sign Post Details July 2017 Page 1 of 1 97 COUNCIL REPORT M&C No. 2017-184 Report Date July 05, 2017 Meeting Date July 10, 2017 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: 2017 General Specifications Revisions —Policy Revisions (Divisions 2, 5 & 6) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Susan Steven -Power Brian Keenan m I Jeff Trail RECOMMENDATION It is recommended that Common Council adopt the attached revisions to the current clauses of Division 5 (Form of Agreement) and Division 6 (General Administration of Contract) of the City of Saint John General Specifications. The attached revision to Division 2 (Instructions to Tenderers and Tendering Procedures) was previously adopted by Council on May 15, 2017 (M&C 2017-123). EXECUTIVE SUMMARY The purpose of this report is to propose that Council adopt the attached revisions to Division 5 — Form of Agreement and Division 6 — General Administration of Contract. The attached revision to Division 2 — Instructions to Tenderers and Tendering Procedures was previously adopted by Council. PREVIOUS RESOLUTION On November 17, 2003 (M&C 2003-310), Common Council adopted a Tendering Policy for Construction Contracts which included: Division 2 - Instructions to Tenderers and Tendering Procedures, Division 4 - Form of Tender, and Division 5 - Form of Agreement. On May 31, 2004 (M&C 2004-99), Council approved Division 6 — General Administration of Contract. 01:3 -2 - STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. REPORT As a result of a review of General Specifications Divisions 5 and 6, in consultation with the City's Legal, Purchasing and Risk Management Departments, it is recommended that the language of the current clauses of Division 5 (Form of Agreement) and Division 6 (General Administration of Contract) be enhanced. The revisions to the current clauses of Division 5 (Form of Agreement) and Division 6 (General Administration of Contract) are shown in red and are attached to this report. The revisions shown in red on the attached document from Division 2 (Instructions to Tenderers and Tendering Procedures) was previously adopted by Council on May 15, 2017 (M&C 2017-123). SERVICE AND FINANCIAL OUTCOMES It is necessary to make improvements to the language of certain clauses of the General Specifications to ensure the document continues to represent the best interests of the City. This has been done on several occasions since 2003. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS As has been the case for previous revisions (February 2005, March 2005, January 2007, March 2008, March 2009, November 2009, March 2010, May 2011, July 2012, June 2013, May 2014 and May 2016), the proposed policy changes contained in this report have been reviewed by and discussed with the City's Legal, Purchasing and Risk Management Departments as well as with the Saint John Construction Association. ATTACHMENTS 2017 General Specifications proposed revisions to Divison 5 (Form of Agreement) and Division 6 (General Administration of Contract). The attached revision to Division 2 (Instructions to Tenderers and Tendering Procedures) was previously adopted by Council. 06%] July 2017 CITY OF SAINT JOHN GENERAL SPECIFICATIONS — LIST OF 2017 REVISED SECTIONS IN DIVISION 2, DIVISION 5 AND DIVISION 6 SECTION TITLE 2.4.01 Tender Documents to be Obtained in Prescribed Manner 5.9 Checklist for Insurance Requirements Division 6 Table of Contents 6.8.04 Insurance Policies and Certificates 620.01 Interim Payments 6.20.02 Holdback Release Division 6 Schedule A W9191 Page I of I Division 2 — Instruction to Tenderers and Tendering Procedures 2.3 SCHEDULE FOR THE TENDER PROCESS Issue Date of Request for Tender Deadline for Enquiries Deadline for Issuing Addenda Tender Closing The Schedule for the Tender Process is tentative only and may be changed by the City in its sole discretion at any time prior to Tender Closing. 2.4 TENDER DOCUMENTS 2.4.01 Tender Documents to be Obtained in Prescribed Manner Tender Documents shall be obtained from the City of Saint John, 175 Rothesay Avenue, 1" Floor, Saint John, New Brunswick. In order to obtain the Tender Documents the following requirements must be met: a) deposit a non-refundable payment for each set of Tender Documents in an amount specified in the tender advertisement; and b) the Tenderer must register on the City's official list of bidders for this project, as follows:. (i) registration of the full legal name, contact person, telephone number, email address and fax number of the Tenderer obtaining the Tender Documents; or, if applicable, (H) the registration of the full legal name, contact person, telephone number, email address and fax number of the Tenderer on whose behalf the Tender Documents are being obtained. The names of the Tenderers having complied with the above criteria will be consolidated onto the City's official bidders list. Only Tenderers listed on the City's official bidders list shall be entitled to submit a Tender. Any Tender received from a Tenderer who has not obtained the Tender Documents from the City of Saint John and is not registered on the City's official list of bidders for this project in the manner set out above will not be evaluated. 1'he City will post the official list of bidders for all projects, updated on Tuesdays and Thursdays during the tendedrig period on, the City of Saint John website www.s i ohn.ca under the Tenders & Proposals link. July 2017 2-4 101 Division 5 - Form ofAgreement 5.9 CHECKLIST FOR INSURANCE REQUIREMENTS The insurance coverage required by the City is set out in [5emmro| Administration of Contract, Division 6, of the General Specifications. An Insurance Certificate, Ce***mage-, is to be deposited with the City. The certificate ofinsurance should contain atleast the following information: 0 Beaddressed 10the City ofSaint John. L-3 Be signed by an authorized representative on behalf of the insurance company. J Contain a Wrap-up (Project Specific) Liability policy with inclusive limits ofatleast five million dollars ($5.00O.OGO.0O). 0 Show that the City of Saint John. the Contractor and Sub -Contractors, the Engineer and the Architect, are added as Additional Insured with respect to the operations of the Contractor. 0 Confirm coverage for bodily injury and property damage and set forth the amount. 0 Confirm that there is coverage for Contractual Liability with respect tnthis Contract. [l Confirm that the policy contains aonoam liability clause. Ll Confirm that there in Contingent Employer's Liability Coverage. 0 Confirm that there iocoverage for Broad Form Property Damage, LJ Confirm that there is Completed Operations coverage with respect to this contract and that such coverage shall continue to be in force for the duration of the guarantee period (maintenance period) which is a period of twelve (12) months from the date of issuance of the Certificate of Final Completion. 0 Confirm that there is coverage for Non -Owned Automobiles orlicensed vehicles. 0 Confirm that there is coverage for Owned Automobiles orlicensed vehicles. [J Confirm that the indicated policies will not be cano*Ked, substantially amended, or sd|ovved to lapse without the City first being given a thirty (30) day written notice. July 2017 5-6 TABLE OF CONTENTSCity of Saint John DIVISION G—GENERAL ADMINISTRATION OFCONTRACT Section� ERo 8�27 Bankruptcy and |nno8memoy...... --....... ....... ....... ...... --............ ............. ..... '0-2O 8-28 Standard S --_--_-------------_-------_-----6-21 629 Contract Documents Available DmSite ................................. .................. ---..... —'6-21 830 Notices —..... —............. ---............................ ...... .............. ........................ O-22 0.31 Waiver .... —....... ...... ...... ..................................... ................................... ......... 6-22 0.32 Disputes Arbitration ......................... ....... ............... .... ..... ... .............................. .... @-22 6�32.01 Engineer tmDecide Contract Related |neums—......... ----- ......... ... —... 6-22 632.02 Notice of Claim for Additional Time or Money .......... ------ ......... ... 8-23 6.32.03 Barred Claims ... .... --- ........... _—....... ....... —........ ---....... --- .... 8-23 6.32�04 Engineer's Decision ... --........ _—..................... .... _................ .......... .... 0-23 8,32�05 Contractor's Obligations Following the Engineer's Decision ... ---.... ..... 8-23 6.32.08 Arbitration ... —... _....... —...... .............. —............... -------_---'8`23 8,33 Equivalents .... ----......... ---....... --........ .................... —....... --...... --0-24 8.34 Verbal Arrangements ... ......... .............................. ............... ................. _--_........... U'25 6.35 Others' Rights ................... ........ ...................... ....... —................ .............. ......... ...... G-25 0,36 Claims ofContractors ............................. ...... ........ ........ ......... —......... ---............ G -2G 8.37 Elected Members. ........ ... ............... .... .............. .... .......... ......... ---.................. 6-26 6.38 Night, Saturday, Sunday and Holiday VVnrk.... --........ -------------..... �6-26 6.39 Right ofSet Off --- ....... .............. ............ .............. --_----------........ 6-27 SCHEDULEA --A-29 eq d July 2017 Division 6 — General Administration of Contract 6.8.02 Automobile Insurance The Contractor shall insure and maintain insurance against liability for bodily injury and property damage caused by motor vehicles owned by the Contractor and used with respect to the Work. Such insurance shall have an inclusive limit of at least five million dollars ($5,000,000). For the purposes of this Contract, the definition of a "motor vehicle" shall be the same as the definition of a "motor vehicle" in the Motor Vehicle Act, R.S.N.B., c. Mµ17, and amendments thereto. 6.8.03 WorkSafeNB The Contractor shall pay such assessments as will protect the Contractor and the City from claims under the New Brunswick Workplace Health, Safety and Compensation Commission Act, 1994, S.N.B,, c. W-14, and amendments thereto. The Contractor shall provide to the City a letter from WorkSafeNB stating that the Contractor is in good standing and is fully covered under said Act, pursuant to section 6,8.04. 6.8.04 Insurance Policies and Certificates The Contractor shall, within five (5) Working Days following the City's notice of selection deliver the following: a) Insurance Certificates, acceptable to the City, indicating compliance with the Liability and Automobile Insurance requirements set out in the Contract; UIE,140Ml attaG-hed-hefeto a&--SGh9du[e-A &&0-1-'-'L--ia4),My 4Rra444ae!-. --The Gonfir-m-aliGn- ---of Ger ge _ Form....shiAl be Certificatesi b) A certificate from WorkSafeNB which confirms that the Contractor is in good standing under the Workplace Health, Safety and Compensation Commission Act, 1994, S.N.B. c. W-14, and amendments thereto; The WorkSafeNB certificate shall also be delivered: (i) At intervals of six (6) months during the course of the Contract; (ii) Sixty (60) days after the Certificate of Substantial Completion has been issued, and (iii) At the time of Final Payment. c) A Business Corporations Act Certificate which confirms proper registration with the Province of New Brunswick - Corporate Affairs of which the Contractor must be in good standing; d) For Contracts with a Tender Price exceeding $250,000.00 (inclusive of HST), the Contractor shad provide a current Letter of Good Standing or a Letter of Good Standing "In Process" under the Certificate of Recognition Program issued by the New Brunswick Construction Safety Association. Out -of - province Tenderers shall supply an equivalent from the Tenderer's province of origin, acceptable to the Engineer. U91111 MCI 6.19.03 Certificate of Final Acceptance Division 6 - General Administration ofContract The Engineer shall issue a Certificate of Final Acceptance after the Maintenance Period has expired and the Engineer is satisfied that the Contractor has fulfilled all the requirements under the Contract. 6.20 PAYMENT CERTIFICATES 8`28.O1 Interim Payments July 2017 At the end of each calendar month, the Contractor shall submit to the Engineer, for verification of the measurement, a fully itemized statement showing the estimated value of the work executed op to the end of the month. The itemized statement shall be broken down into the same sections as the Schedule of Quantities and Unit Prices. Afu||y itemized statement ofthe values of the nmajo, items of materials on the Site which are intended for incorporation into the Work may bmsubmitted et the end ofeach calendar month, accompanied with receipts for all items submitted. Payment /or major items of materials on site but not yet incorporated into the Work shall b*atthe Engineer's sole discretion, The statements shall be submitted on forms approved by the City and ehsd| a} The amount afFIST component included inthe payment certificate; b) The Contractor's HST registration number; and n) The signature ofenauthorized representative ofthe Contractor. With each statement, the Contractor shall provide a Statutory Declaration (in a form satisfactory to the City) to the effect that all expenses incurred bythe Contractor |ncarrying out the Contract aast adate not greater than 45days prior tothe date ofthe statement have been paid. From each monthly ntatement, except the final statement, the Engineer will prepare and submit to the City an Interim Payment Certificate and will include therein an amount which the Engineer considers firm and reasonable in respect of the value of the Work executed and of the major items of materials on Site. The City shall retain money as a holdback in accordance with the New Brunswick Mechanics'Lien Act, and amendments thereto. For work done in respect of or upoo. through or under u highvvey, including any noad, road a[Iowanwa, street, lane, 1horoughfare, bridge and pier, the City shall Con to NexwBruPswk*---are i NO a 6.20.01 Interim Payments (Cont'd) Division 6 — Genera[ Administration of Contract A certificate issued under this clause is not to be considered as either an approval by the City of the Work or materials or as a waiver by the City of any rights it has arising under the Contract against the Contractor. The Interim Payment Certificate will show the Engineer's gross valuation of the Work and materials and the deduction of the appropriate amount of the holdback and of the previous payments to the Contractor. No Interim Payment Certificate shall be held to bind the Engineer in valuation of the Work for the purposes of the Final Payment Certificate, and the Engineer, may by any Payment Certificate, make correction or modification to any previous Interim Payment Certificate which the Engineer may have issued. The City reserves the right to refuse to process any Interim Payment Certificates, or the payment of a Final Payment Certificate, if, in the opinion of the Engineer, the progress of the Work or the conduct of the Contractor is not satisfactory or the Contractor has done or neglected to do something which may prevent the Contractor from completing the Work in accordance with the Contract. The City may retain additional amounts, under the contract, for any known claims, unpaid amounts due to subcontractors, labourers or suppliers, defective workmanship, equipment, materials, penalties and liquidated damages. 6.20.02 Holdback Release July 2017 a) Subject to paragraph b), the City shall, upon receipt of the following documents, release the Mechanic's Lien Holdback (15% Gr-209/aa---where ap, ,ab4e,, of monies due to the Contractor) sixty-one (61) days after the Certificate of Substantial Completion has been issued: (i) A Statutory Declaration (in a form satisfactory to the City) to the effect that all expenses incurred by the Contractor in carrying out the Contract have been paid except for statutory holdbacks properly retained; (ii) A certificate issued to the City of Saint John by a lawyer who is in good standing with the Law Society of New Brunswick wherein the lawyer certifies that no Mechanics' liens have been filed in the Registry Office with respect to the Work and/or the Site which remain outstanding sixty- one (61) days after the Certificate of Substantial Completion has been issued; and (iii) A Clearance Certificate from WorkSafeNB. e) If deficiencies are identified and remain outstanding prior to the release of Mechanics' Lien Holdback, then the City may retain from the Mechanic's Lien Holdback an amount equal to twice the Eng,ineer's estimate of the cost of remedying the deficiencies until the said deficiencies are remedied to the satisfaction of the Engineer. 1191-1 A I. EVA Division 6 — General Administration of Contract CONFIRMAT40N -OF---GOVERAGE OR -the lasur,-4-RO&_ eFtAto Amh°ch this,-G�4kmatkx-4--is WRAP- 4JR-:it ABILITY aa...oGGu-rrenGEba-,;,,: -w-44 indusiv&-lim. 46 of at- loa-M ("�WO4)00404i, Tf*-,,-G ity--&f oFA-F-aeAefr+, the- Eugii)eer an4 A r(,,h 4eGt„ far 4Gdity injur-y-.-ardjx-,ope#y-damage--vvAfi -t4w-- aMQU-Rt-44441-, w—There 4&-Gove-r-age fGF TI, t4i�—quaran4ee --- Gf--twelve (4 2) er-fif4Gat-P,-Qf A -----_T - 44"&d -pelit ie& w4.4 -4A- staRfiafly -arne;idedaoF eqflew-e4 4,&4ap&&� without 44e -C, fty-fi;at. be+r,*-,,g+veR--t-hrty (.30),day-q-Wf4teR--f+e#oej -........17 efe-.-i& cAwer-age July 2017 . ............. -T--pG- -------_._._ -, -----. . ........ ..........._ ............fax - July . Fax - i to] FA 6-28 jUL 0 5 201? July 5, 2017 A AN To the, Mayor and council of Saint John: I am writing this letter because I can't believe you wish to sell' off the best thing Saint John has going for it as a city — Rockwood Park. Rockwood Park is a treasure, a drawing card for people wanting to live in acity. All of our cities need more access to nature, more places to go to get onto the river to swim — such as Tucker Park. Selling these off is a gift to developers and future councils will never get them back- We don't need more of the Lily Lake type of park — all sanitized, privatized, paved and concreted. It is nature that birds, animals and people need to thrive. The two biggest demographics of the population now are seniors and millennial, many of whom do not want to drive. They want to live where they can walk or bicycle or take the bus to get what they need. Luxury homes on parkland will please a few rich people but Saint John will be poorer for it. Uptown Saint John has a lot of unused space in the upper floors of the old brick buildings. You could adapt these for affordable housing (not subsidized — affordable). Roof gardens and solar panels could be included in a nod to the future. Elevators, of course, would be needed. Off street parking could be arranged for those who wish to own a car.For the money more could be done for more people. Selling off Rockwood park is like selling the family silver and china to buy a dining room table. I ask your to reconsider this irrational (and possibly illegal) proposal. I live in Quisparnsis which is beyond redemption. Saint John, fortunately is not. Please do the right thing and preserve what is left of Rockwood Park in perpetuity. Thank you for reading and considering this letter. `DB] 1121"Iffll "111 Quisparnsis, NB E2E 1N1 847-5408 COUNCIL REPORT M&C No. 2017-194 Report Date July 05, 2017 Meeting Date July 10, 2017 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Engineering Services —Central and East Saint John Sanitary Sewer and Storm Water Model Development OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Kendall Mason Brent McGovern/Brian Keenan Jeff Trail RECOMMENDATION It is recommended that Common Council Approve: 1. The proposal from CBCL Limited for engineering services for the Central and East Saint John Sanitary Sewer and Storm Water Model Development project in the amount of $512,210 including HST be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. 2. The reallocation of budget surplus to the Central and East Saint John Sanitary Sewer and Storm Water Model Development Project from the following 2017 Water and Sewerage Utility Fund Capital Program projects: Belleview Avenue Sanitary $ 40,000 Fallsview Drive Water $132,000 McAllister Drive Water $ 48,000 Total $220,000 `[ole.] -2 - EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award the Engineering Services for the West Side Sanitary Sewer and Storm Water Model Development project to CBCL Limited. PREVIOUS RESOLUTION November 14, 2016; 2017 Water & Sewerage Utility Fund Capital Program Approved. June 12, 2017; Direct Negotiation Approved M & C 2017-158 STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. REPORT BACKGROUND The City of Saint John is seeking engineering consultant services to develop a fully operational and calibrated model of the Central and East Saint John Sanitary Sewer and Storm Water collection systems. Saint John Water over the years has developed an advanced water model and development of the sewer model continues. In 2016, the sewer model for the areas of Millidgeville and the North End was completed. Through 2017 the water and sanitary model for the Central Peninsula will be completed and this project before Council would allow for the development of the Central and East Saint John Side Sanitary Sewer and Storm Water Development Model. Having a water and sewer model of municipal infrastructure is an industry best practice as it provides numerous benefits as noted below. • It serves as a key asset management tool, allowing staff to balance risk against service standards to identify priorities, all while using real system data. • An important tool to identify where capital investments provide the largest return on investment (ROI), allowing for more informed prioritization of capital projects and the most effective use of public funds. • For growth and development, the sewer model allows staff to quantify system impacts (storm and sanitary) and assess how system performance will change if a project proceeds and more importantly what key system modifications would be necessary to allow the growth and development to proceed. `sK -3- • Aids in quantifying overflows for monitoring and reporting to Regulators. • Provides the ability to assess climate change impacts. • Provides key information for the effective design of storm and sanitary systems. The overall project involves: Developing a fully operational and calibrated model of the wastewater collection system that conveys wastewater to the Eastern Wastewater Treatment Facility. The model shall be developed and operated with Bentley SewerGems (latest version) and shall include all necessary inputs (system elements and attributes, hydraulics and hydrology). The consultant shall calibrate the model and confirm results with field observations during wet weather events. The Central and East Saint John wastewater collection system shall be integrated in the hydraulic model including all gravity sewers, force mains and sanitary lift stations. Developing a fully operational and calibrated model of the Central and East Saint John storm water collection system. The model shall be developed and operated with Bentley SewerGems (latest version) and shall include all necessary inputs (system elements and attributes). The consultant shall calibrate the model and confirm results with field observations during wet weather events. The entire Central and East Saint John storm water collection system shall be integrated in the hydraulic model including all gravity sewers, major water courses, detention ponds and catch basins. PURPOSE The purpose of this report is to make a recommendation for consulting engineering services for this project. ANALYSIS On June 20, 2017 with a comprehensive and detailed scope of work document developed by staff, a proposal for consulting engineering services was requested from CBCL Limited. In response to this request, CBCL Limited submitted a proposal on June 23, 2017. Staff was previously authorized to conduct direct negotiations with this consultant for engineering services for the Central and East Saint John Sanitary Sewer and Storm Water Model Development project. A Review Committee consisting of staff from Materials Management, Transportation & Environment Services, and Saint John Water was formed to evaluate the submission. Each member completed an independent review of the submission and, subsequently, the Review Committee discussed the information presented in the CBCL Limited proposal. The price contained in the proposal was also evaluated 111 by the Committee and staff negotiated with CBCL Limited and settled on an acceptable consultant's fee to submit to Council for approval. The submission from CBCL Limited met all of the requirements of the request for proposal in a manner acceptable to the Committee, with a cost effective bid for the project. POLICY — ENGAGEMENT OF ENGINEERING CONSULTANTS Notwithstanding the City's Procurement Policy for engagement of Professional Services, Common Council has authorized staff with the approval of M&C 2017- 158 to conduct direct negotiations for the engagement of an engineering consultant for this project. The costs incurred by the consultant will be paid in accordance with the terms of the Request For Proposal at the rates submitted and accepted in the consultant's 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 CBCL Limited to provide engineering services for this project is $464,489.84.00 after the eligible HST rebate. The Water & Sewerage Utility Fund Capital Program includes funding in the amount of $245,000 for the development of the Central and East Saint John Sanitary Sewer and Storm Water Model Development. The budget shortfall of ($464,489 - $245,000) $220,000 can be managed within the overall 2017 Water & Sewerage Utility Fund Capital Program by reallocating budget surpluses. Tenders have closed for the following 2017 Water & Sewerage Utility Fund Capital Program projects and at the time of the award it was identified that there was a budget surplus available for the projects. It is proposed to reallocate the budget surplus from each project to the Central and East Saint John Sanitary Sewer and Storm Water Model development project as follows: Belleview Avenue Sanitary $ 40,000 Fallsview Drive Water $132,000 McAllister Drive Water $ 48,000 Total $220,000 `K -5 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS A Review Committee consisting of staff from Materials Management, Engineering and Saint John Water was formed to evaluate the submission. Materials Management facilitated the proposal review process. ATTACHMENTS N/A MR] COUNCIL REPORT M&C No. 2017-197 Report Date July 06, 2017 Meeting Date July 10, 2017 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: City Market Tower — Phase 1 Envelope Rehabilitation and Structural Remediation OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Samir Yammine Ian Fagan & Kevin Fudge Jeff Trail RECOMMENDATION It is recommended that the tender submitted by Eclipse Construction Services Ltd., for the City Market Tower Phase 1 Envelope Rehabilitation and Structural Remediation, in the amount of $2,013,249.47 plus 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 $290,000 plus HST, for a total project cost of $2,303,249.47 plus HST. Additionally, it is recommended that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval to award the City Market Tower Phase 1 Envelope Rehabilitation and Structural Remediation to the lowest compliant bidder. The successful bidder is also currently mobilized to carry out window replacements at the City Market Hall. PREVIOUS RESOLUTION At a meeting of the Common Council held on September 28, 2015, the following resolution was adopted: RESOLVED that as recommended by the Committee of the Whole, having met on September 28, 2015, Common Council: 1) Approve the Contribution Agreement with the Atlantic Canada Opportunities Agency (Project No. 206167), as -2 - submitted with M&C 2015-199, and authorize its execution by the Mayor and Common Clerk, 2) Commit to allocating $1,330,000.00 toward the Saint John City Market Upgrade Program, within the City of Saint John's capital budget prior to 2018, contingent on the Government of New Brunswick confirming its contribution of $2,030,000, and, 3) Approve the Contribution Agreement between the City of Saint John and the Regional Development Corporation (Project No. 7807) as submitted with M&C 2016-238, and authorize its execution by the Mayor and Common Clerk, 4) Approve amendment of the said Contribution Agreement, once executed, which amendment would: a) extend the requirement for the City's submitting its consolidated financial statements to ACOA from 120 to 180 days, b) extend the end date identified in the said Contribution Agreement from March 31, 2017 to March 31, 2018, and further, authorize the execution of the corresponding amending agreement by the Mayor and Common Clerk. STRATEGIC ALIGNMENT The City Market is a gem for the City of Saint John. The City Market is one of the most important public gathering spaces in the greater Saint John region. It is a place where regional vendors sell a range of goods as well as goods from around the world. The Market provides a range of merchandise that serves all residents of the community. The City Market, the oldest continuing farmer's market in Canada, forms the historic centerpiece of the revitalized city center in Saint John. The City Market is a National Historic Site, which recognizes the Market's defining contribution to the identity and culture of Canada. In February 1988, the City of Saint John entered into a cost sharing agreement with the Federal Government (Environment Canada — Parks) for the restoration of the Saint John City Market. This agreement declared that the Saint John City Market "be of national historic and architectural significance". An important stipulation in this agreement is as follows: "The City will, at its own expense, and subject to the Conservation Report, operate, maintain, and protect the Market in its restored state for a period of forty-two (42) years...". `sM -3 - As such, the City of Saint John has a responsibility under this agreement to maintain and protect the City Market in a restored state until the year 2030. This includes the Head Tower. In addition to the above, in terms of strategic alignment, the Saint John City Market is also located in an intensification area (uptown primary centre), which aligns with Plan SJ. The proposed exterior and structural remediation work is part of the City Market Tower capital renewal which was identified as a high priority by the Common Council. REPORT BACKGROUND In January, 2017, the City of Saint John in cooperation with the architects and structural engineer completed an investigation and analysis of the now exposed structural masonry, framing, and water leaks to the tower. The purpose of the investigation was to address any interior/exterior structural and water leak issues. Several issues had been revealed that would need to be addressed prior to proceeding with the interior renovations and fit -up of the City Market Tower. As a result of these findings, the staff proposed to submit two separate tender packages for the City Market Tower renovation project: Phase 1: Envelope Rehabilitation and Structural Remediation. Phase 2: Interior Renovation and Fit -Up. The preparation of Phase 2 tender package will follow immediately after Phase 1 construction is started. The City is aiming to have Phase 1 completed by November 20, 2017 and Phase 2 completed by Fall 2018. ANALYSIS The work of Phase 1 consists generally of envelope rehabilitation (including the roof, masonry walls and windows) and structural remediation to reinforce and stabilize existing load bearing building elements. The proposed scope of work consists of, but is not limited to, the following: • Repointing of brick joints where necessary • Replacement and repairing of deteriorated bricks and sandstone • Light cleaning of all brick joints and sandstone • Provision of a new asphalt shingle roofing system including all required flashing • Provision of a new modified bituminous roofing system • Replacement of 55 windows list -1 -4- • Replacement of rainwater leaders and gutters • Reconstruction of historic dormers on the north and south elevations • Structural remediation to reinforce and stabilize existing load bearing building elements • Erect scaffolding or enclosures to give secure and complete access to the wall area designated for conservation. Additional scaffolding and enclosures will be required, to provide complete security and weather protection SERVICE AND FINANCIAL OUTCOMES The total cost to perform the City Market Tower Phase 1 Envelope Rehabilitation and Structural Remediation, if awarded to the lowest bidder as recommended, will be $2,303,249.47 plus HST. This includes the $290,000 contingency allowance. The cost of the project with the HST rebate applied (100% in this case) will be $2,303,249.47. City Staff in conjunction with the City's architect had estimated the cost of this work to be $2,269,000.00 plus HST (including the contingency allowance). Funding for this project is provided by a shared funding agreement with Regional Development Corporation (RDC) for 58% of project total ($1,335,884.69), with the remaining funds of 42% ($967,364.78) provided from the 2017 City of Saint John Capital budget envelope for the City Market Upgrade Program. he k here to enter text, INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS — MATERIALS MANAGEMENT A public tender call was issued on June 14, 2017 and closed on July 6, 2017. One (1) company responded to the tender call by submitting a bid. The result is as follows (excluding HST): COMPANY'NAME TENDER PRICE Eclipse Construction Services Ltd. $2,013,249.47 Staff of Materials Management have reviewed the tender and have found it to be complete and formal in every regard. Staff believes that the tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. Furthermore, the tenderer is currently mobilized at the City Market facility performing window replacement work. The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. ATTACHMENTS N.A. `mF:3 -5 - COMMON COUNCIL REPORT Report Date July 06, 2017 Meeting Date July 10, 2017 His Worship Mayor Don Darling and Members of Common Council SUBJECT: Beautification Grant Program — Budget Request OPEN OR CLOSED SESSION This matter is to be discussed in open session of the Growth Committee. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Jeffrey Cyr Phil Ouellette/Jacqueline Hamilton Jeff Trail RECOMMENDATION That the Growth Committee recommends to Common Council to allocate an additional $25,000 to the Beautification Grant Program 2017 budget from the remaining Growth Reserve Fund. STRATEGIC ALIGNMENT As a priority related to Growth and Prosperity, Council identified driving development in accordance with PlanSJ as a key outcome. The return on investment of the Urban Development Incentives and Beautification Grant Programs are an indicator of success in achieving this priority. REPORT The Beautification Grant Program was adopted as a small complementary program to the Urban Development Incentives program with the goal of enhancing the curb appeal of properties in areas outside of heritage district in the South End and Waterloo Village neighbourhoods. It pays 35% of property owner's costs for improvements made to street facing building facades and front yard landscaping, up to a maximum of $4,000. In its first year, the program leveraged approximately $2.50 in private sector spending for every $1 provided in grant funding. In 2017, the program has awarded 16 grants, worth a total of $45,000 in grant funding and roughly $150,000 in reinvestment into building facades in the target neighbourhoods. As the program budget of $50,000 has largely been committed and several new applications have been submitted in June 2017, a request is being made for an additional $25,000 to accommodate funding for new applications received for the July meeting of the Beautification Grant Committee. `f1�7 -2 - On July 5h, 2017, the Growth Committee adopted this recommendation for Common Council consideration. 2017 Approved Beautification Grants Property Value of Work Grant Awarded 109 St. James Street $4,695.00 $1,643.25 109 Union Street $3,000.00 $1,050.00 22-26 Germain $18,000.00 $4,000.00 Street 223 Princess Street $5,948.00 $2,081.80 236 - 238 Duke $12,000.00 $6,000.00 Street 27 Garden Street $4,275.00 $1,496.25 10 Mecklenburg $13,000.00 $4,000.00 12 Mecklenburg $13,000.00 $4,000.00 14 Mecklenburg $13,000.00 $4,000.00 178 Queen Street $2,400.00 $840.00 209 Queen Street $6,700.00 $2,345.00 230 Princess $16,025.00 $4,000.00 2-4 st. James $25,000.00 $6,000.00 277 - 279 Charlotte $2,000.00 $700.00 293 Crown $7,074.00 $2,475.90 72 Coburg Street $1,400.00 $490.00 Total $147,517.00 $45,122.20 Wel WHEREAS: Horizon Health Network Public Health and community partners in the City of Saint John, County of St. John, Province of New Brunswick is concerned about the health of its citizens; and WHEREAS: it is estimated that between 500,000 and 600,000 people in Canada are living with hepatitis B and C and are at risk of developing cirrhosis, liver failure, liver cancer and non -liver related manifestations; and WHEREAS: Hepatitis C is the most commonly reported blood- borne infection in NB. WHEREAS: an effective vaccine is available to prevent hepatitis B but there is no vaccine to prevent hepatitis C; and WHEREAS: World Hepatitis Day celebrated across Canada is an opportunity to enhance public awareness and education, reduce stigma, foster tolerance and understanding, acknowledge those affected and explore ways to better address hepatitis B and C in the future; NOW THEREFORE: 1, Mayor Don Darling, of Saint John do hereby proclaim July 28, 2017 as Hepatitis Awareness Day in the City of Saint John. In Witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 121 PROPOSED SECTION 39 AMENDMENT RE: 700 SOMERSET STREET Public Notice is hereby given that the Conn -non Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its regular meeting to be held in the Council Chamber on Monday, July 10, 2017 at 6:30 p.m., by: Rescinding the Section 39 conditions imposed on the March 10, 1980, rezoning of the property located at 700 Somerset Street, also identified as PID No. 55008858, and amended August 4, 1992 to permit a revised proposal. (INSERT MAP) REASON FOR CHANGE: To rescind the existing Section 39 conditions relating to the use of the property The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Growth and Community Development Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 658-2862 PROJET DE MODIFICATION DE VARTICLE 39 OBJET: 700 RUE SOMERSET Par les pr6sentes, un avis public est donne par lequel le conseiI communal de The City of Saint John indique son intention d'dtudier la modification suivante a 1'Arret6 de zonage de The City of Saint John, lors de la rdunion ordinaire qui se tiendra dans la salle du Conseil le lundi 10 juillet 2017 a 18 h 30: Annuler des conditions impos6es en vertu de Particle 39, le 10 mars 1980, relativement au rezonage de la propridtd situ6e au 700 rue Somerset, et portant le NID 55008858, et modifi6 le 4 aout, 1992 pour permettre la prdsentation dune proposition r6visde. I (INSERER LA CARTE) RAISON DE LA MODIFICATION: Pour annuler la section 39 conditions existantes relatives a l'utilisation de la propridtd Toute personne int6ress6e pent examiner le projet de modification au bureau du greffier communal ou au bureau du service de la croissance et du d6veloppement communautaire a 1'h6tel de ville sited au 15, Market Square, a Saint John, au Nouveau - Brunswick., entre 8 h 30 et 16 h 30 du ldi au vendredi, sauf les jours f6ri6s. Veuillez faire part de vas objections au projet de modification par 6crit a Pattention du soussign6 a 1'h6tel de ville. Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Greffier communal 658-2862 `PA ulc"I' `P491 PROPOSED SECTION 39 AMENDMENT RE: 700 SOMERSET STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its regular meeting to be held in the Council Chamber on Monday, July 70, 2017 at 6:30 p.m., by: Rescinding the Section 39 conditions imposed on the March 10, 1980, rezoning of the property located at 700 Somerset Street, also identified as PID No. 55008858, and amended August 4, 1992 to permit a revised proposal. REASON FOR CHANGE: To rescind the existing Section 39 conditions relating to the use of the property. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Growth and Community Development Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. PROJET DE MODIFICATION DE UARTICLE 39 OBJET: 700 RUE SOMERSET Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a I'Arr@te de zonage de The City of Saint John, Tors de la reunion ordinaire qui se tiendra dans la Salle du conseil le Iund1 10 Juillet 2017 a 18 h •30: Annuler des conditions imposees en vertu de I'article 39, ie 10 mars 1980, relativement au rezonage de la propriete situee au 700 rue Somerset et portant le N1D 55008058, et modifie le 4 ao0t, 1992 pour permettre la presentation dune proposition revisee. RAISON DE LA MODIFICATION: Pour annuler la section 39 conditions existantes relatives a ('utilisation de la propriete. Toute personne int6ressee peat examiner le projet de modification au bureau du greffier communal ou au bureau du service de is croissance et du d6veloppement communautaire SI'h6tel de vilie situe au 15, Market Square, a Saint John, au Nouveau -Brunswick., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ries. Veuillez faire part de vos objections au projet de modification par 6crit 6 I'attention du soussign6 A I'h8tel de ville. sosy" If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 658-2862 Si nous avez besoin des services en franpis pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, greffier communal 658-2862 11"U11311ES SURVEYS & CONSULTANTS IINC. N11 LAND SURVE'VORS, CONSULTING INGEN, LERS May 19", 2017 Y 17124 Mr. Mark ede® MCIP Growth & Development Services Cit. of Saint John W Floor, City all Saint John, NB �W 0 Owners' Authorization from Somerset Investments Ltd. Council Application Form for Section 39 Amendment & related zoning matte Our client"s check in the amount of $2.500 for the application fee Copies of the site plan for a proposed restaurant development Further to our recent meeting we are making application on behalf of Somerset Investments Ltd. Their primary objective is to have the existing Section 39 conditions rescinded and the property be designated for development under the "General Commercial— classification. The attached concept plan for a restaurant development is also being submitted for approval. If the restaurant proposal does not come to fruition the owners will consider development under one of the other permitted uses in the "General Commercial" zone, In the interim the owners will continue to use the property fA4 r the uses outlined in the recognized exceptions outlined in the by-law. IfYou have any questions, please do not hesitate to contact me. A digital submission to Onestop will follow. omm= HUGHES SURVEYS & CONSULTANTS LTD. ..................... Richard Turner am 31� 1111'' 11 ; ru W191 Owners Authorization i Mark IHovey of Somerset Investments Ltd. do hereby authorize Hughes Surveys & Consultants Inc. -to make appfication on our behalf for purposes of requesting that existing Section 39 conditions be rescinded and our property, known as PID 5.5008858, be permitted to be developed in accordance with a proposal for a restaurant development or other permitted use or uses in the General Coray mercial zone (60 and prior to being developed for cornet eirtial purposes be used in accordance with the existing use described in Schediule E ofthe Zoning B Y)a ef ......... .. . . 1 MW For Somerset lnvestrnents Ltd. i PA FA ,,,�. _ ^n 1111 ,...--•...—.--. Fm .. KEY P AN .................. _. /,,,,,m p p PARKING RESTAURANT 1/108 SQ FT :48 SPACES PROVIDED : 55 SPACES Al PARKING RESTAURANT 11100 SO FT :48SPACES A"�, PROVIDED. 55 SPACES o SiTE PLAM sj�� J�Autk� BLOON' I la,uN cv,uRc,"I'l �IJVD (18 Nlnq:qtvf--p )vn m A I PlEr. I$ � ® m ;:; ', ,,,, �; �;,;, ,' �. r <, co M 21J Uf �II'�fl F -M Em Aw O N 11 0 14W O N 11 O Z June 21, 2017 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Section 39 amendment application 700 Somerset Street On May 29, 2017 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its June 20, 2017 meeting. The City of Saint John. Mr. Rick Turner, Hughes Surveys Ltd., appeared before the Committee on behalf of the property owner, Somerset Investments Ltd. Mr. Turner was in agreement with the staff recommendation. No other persons appeared before the Committee regarding the application. The Committee noted concern regarding the expiry of a temporary approval for a landscaping business on the subject property. Although expired, the business has continued to operate in violation of the Zoning Bylaw. In view of this violation, the Committee proceeded to table the item until more information could be provided. The Committee requested that staff address the issue of the expired temporary approval and begin the enforcement process immediately. Furthermore, upon confirmation from Mr. Turner that the property owner would remedy the Zoning Bylaw violation as soon as possible, the Committee approved the staff recommendation contained in the report dated June 16, 2017. Page 1 of 2 146 Hughes Surveys and Consulting 700 Somerset Stret June 22, 2017 RECOMMENDATION: That Common Council rescind the Section 39 conditions imposed on August 4, 1992 of a parcel of land having an area of approximately 4,352 square metres and located at Somerset Street, also identified as PID No. 55008858, which limit use of the property to a one -storey office building and warehouse. 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 4,352 square metres and located at Somerset Street, also identified as PID No. 55008858 shall be subject to the following conditions: a) Any development of the site be in accordance with a detailed site plan, building elevation plans and landscaping plans, to be prepared by the proponent and subject to the approval of the Development Officer, indicating the location of all buildings, structures, parking areas, driveways, loading areas, signs, exterior lighting, outdoor storage areas, landscaped areas, other site features, exterior building materials, and building entrances and finishes. These plans are to be attached to the application for the building permit with all improvements shown on plans to be completed within one year of the issuance of the building permit. b) That the proponent provide an assessment of the available sight distance at the proposed driveway location for review and approval by the City. Respectfully submitted, Eric Falkjar Chair Attachments Page 2 of 2 147 The City of Saint. John Date: June 16, 2017 To: Planning Advisory Committee From: Growth & Community Planning Growth & Community Development Services For: Meeting of Tuesday, June 20, 2017 SUBJECT Applicant: Owner: Location: .s Plan Designation; Existing Zoning: Application Type: Jurisdiction: Hughes Surveys & Consultants Ltd. Somerset Investments Ltd. 700 Somerset Street 55008858 Local Centre General Commercial (CG) Section 39 Amendment The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning Section 39 Conditions on the subject property. Common Council will consider the Committee recommendation at a public hearing on Monday, July 10, 2017. SUMMARY Hughes Surveys Ltd. on behalf of Somerset Investments Ltd. is seeking to rescind Section 39 conditions that currently limit use of the subject property to a one -storey office building and warehouse. The subject property is designated Local Centre. Rescinding the conditions would Page 1 of 5 148 Hughes Surveys Ltd 700 Somerset Street June 16, 2017 allow for more retail and service-oriented commercial uses, which are envisioned by the Municipal Plan. New Section 39 conditions are being recommended so that development occurs in accordance with a detailed site plan. The applicant has submitted a site plan for a 5,100 square foot restaurant as a potential use for the property. An assessment of available sight distance of the proposed driveway is also being recommended a requirement by condition. RECOMMENDATION 1. That Common Council rescind the Section 39 conditions imposed on August 4, 1992 of a parcel of land having an area of approximately 4,352 square metres and located at Somerset Street, also identified as PID No. 55008858, which limit use of the property to a one -storey office building and warehouse. 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 4,352 square metres and located at Somerset Street, also identified as PID No. 55008858 shall be subject to the following conditions: a) Any development of the site be in accordance with a detailed site plan, building elevation plans and landscaping plans, to be prepared by the proponent and subject to the approval of the Development Officer, indicating the location of all buildings, structures, parking areas, driveways, loading areas, signs, exterior lighting, outdoor storage areas, landscaped areas, other site features, exterior building materials, and building entrances and finishes. These plans are to be attached to the application for the building permit with all improvements shown on plans to be completed within one year of the issuance of the building permit. b) That the proponent provide an assessment of the available sight distance at the proposed driveway location for review and approval by the City. DECISION HISTORY On March 10, 1980, Common Council approved rezoning of the subject property from "RS -2" One and Two Family Suburban Residential to "I-1" Light Industrial, subject to a resolution pursuant to Section 39 of the Community Planning Act which provided that: a) the use of the property shall be restricted to the sale and repair of forklifts and related equipment. b) prior to the issuance of a building permit the applicant shall receive the approval of the Deputy Commissioner of Community Planning to a plan indicating buildings, parking, landscaping and other appropriate site features. Page 2 of 5 149 Hughes Surveys Ltd 700 Somerset Street June 16, 2017 At its August 4, 1992 meeting, Common Council amended the existing Section 39 conditions to facilitate the establishment of a one -storey office building for an electrical contractor. The revised Section 39 conditions stated that: a) the use of the property shall be restricted to one -storey office building and warehouse; b) the site shall be developed in accordance with a site plan to be approved by the Development Officer at the time of building permit approval which will indicate buildings, parking, site drainage, landscaping and other appropriate features; and c) all work shown on the site plan to be completed within one year of building permit approval. At its September 15, 2015 meeting, the Planning Advisory Committee granted temporary approval for the establishment of a landscaping materials supply company at 700 Somerset Street until no later than September 14, 2016, subject to the following condition: • That any outdoor area used for the storage of landscaping or masonry products or equipment be enclosed by a fence or landscaping to reduce the visibility of the site from Somerset Street. ANALYSIS Proposal The applicant is proposing to rescind Section 39 conditions limiting the subject property to a one -storey office building and warehouse. Staff recommend that new Section 39 conditions be put in place to ensure quality of development and necessary sight distances are met. The current proposal is for a 5,100 square foot restaurant. The restaurant would provide approximately 188 seats, an outdoor patio, and 55 parking stalls. Site and Neighbourhood The subject property is located on Somerset Street, approximately 500 metres from the Churchill Boulevard intersection and lies between the Superstore and Quality Concrete Plant. There is a wide range of businesses in the area including a liquor store, gas station, coffee shop, pub and restaurant and country market. There are also a number of light industrial and heavy industrial uses that have existed along Somerset Street for several years. The subject property is currently occupied by Bergman Landscape & Masonry Centres. A one- year temporary approval was issued in 2015 to approve the use of the landscaping materials supply company. Although the approval has expired, the use has continued to operate and the required rezoning application to legalize the use was never submitted. Prior to this temporary use, the subject property sat vacant for several decades. Page 3 of 5 150 Hughes Surveys Ltd 700 Somerset Street June 16, 2017 Municipal Plan The Municipal Plan designates the subject property Local Centre, which intends to provide a range of retail and service-oriented commercial uses to serve the residents of the North End and Millidgeville. In this regard, the application fulfills the intent of the Local Centre. Policy LU -36 states the Local Center designation is "intended to encourage the development of a mix of urban land uses that support the development of a high quality streetscape and transit corridor, with an emphasis on community -scale commercial uses." The subject property lies on the Campus Harbour Connection bike route but is not currently serviced by sidewalks. A proposal such as a restaurant would contribute to the demand for higher quality streetscaping in this area of Somerset which is transitioning away from industrial uses. Variances As per the site plan submitted, two variances will be required pertaining to the parking lot's setback from the side and rear yard. Given the nature of the adjacent side and rear yard uses (Superstore loading area and pit and quarry), these variances do not pose a great issue and will be dealt with administratively by the Development Officer at the building permit stage when the site design is finalized. Conclusion Rescinding Section 39 conditions will permit the subject property to fulfill the intent of the Local Centre Designation. The proposal for a 5,100 square foot restaurant may provide the North End and Millidgeville communities with a retail and commercial development that would be appropriate for the neighbourhood and further see intensification of the Somerset corridor. ALTERNATIVES AND OTHER CONSIDERATIONS No other alternatives were reviewed or assessed relating to the application. ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on June 9, 2017. The public hearing for the rezoning was advertised in the Telegraph -Journal on June 15, 2017. Page 4 of 5 151 Hughes Surveys Ltd 700 Somerset Street June 16, 2017 SIGNATURES AND CONTACT Prepared: Andrew Reid, MPI Planner Reviewed: Mark Reade, P.Eng., MCIP, RPP Senior Planner Contact: Andrew Reid Phone: (506) 658-4447 E-mail: andy.reid@saintjohn.ca Project: 17-0104 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Submission 1: Site Plan Approved: Jacqueline Hamilton, MURP, MCIP, RPP Commissioner Page 5 of 5 152 �Il lk> m� SPA N®R ,jx c 0 m c .2 v a> co 0 -OGY DR .ELOL cu cu yILN RD G / 7� -3-30,v I/V LL v 'E �1W 0 LL E U .v E ii ii, 1 E co Cr} co LL LL u Yll U C3 C3 C3 LLL Rl bv , FRI mi v ti LO r KEY PLAN IN RESTAURAM 1/108 SO FT 48SPACES PROVIDED: 55 SPACES P X Ili ✓ i dry ry No .✓ r PARKING RESTAURANT 1/108 SQ F : 48 SPACES PROVIDED: 55 SPACES O . S � « . � . . m x « c 0 n� W `, 761 ............. loop,�1111�1,1,1J 4,0` �lr Z 2 th I c gf� a f t " k n O�i4 J'r0" �y k n O�i4 J'r0" UP NE O N O 61 O i CL CL 4 m 3 V � � J 3 v . d 0 NH ■- L 0 � 0 03 13 c Oro 0 4) > 0 N Im N � N.0 V Oro 0 rML 4) 14W 4) M c U) c d *+ � J r June 21, 2017 The City of Saint John. His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Rezoning and Variance Application 45 Noel Avenue On May 29, 2017 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its June 21, 2017 meeting. Mr. Stephen Brittain, the applicant, appeared before the Committee and was in agreement with Staff Recommendation. The applicant indicated he will work to respect owners of the neighbouring properties during the construction. Mr. Brittain responded to a question from the Committee relating to a buffer area to the rear of the properties on Tudor Lave which was raised in the letter received by the Committee. The applicant noted that he did not make a commitment to the adjacent landowners regarding retention of a treed buffer and that this may have been made by the developer involved in the the Tudor Lane development. No other persons appeared before the Committee and one letter was received regarding the application. After considering the report, the comments made by the applicant and the letter, the Committee adopted the staff recommendation regarding approval of the rezoning and recommended Section 39 conditions. RECOMMENDATION: That Common Council rezone a parcel of land having an area of approximately 2650 square metres, located at 45 Noel Avenue, also identified as PID Nos. 00370593, 00370601, 00370767 and a portion of Page 1 of 3 176 Village View Suites 45 Noel Avenue June 21, 2017 PID No. 00050575 from Two -Unit Residential (R2) and Future Development (FD) to Mid -Rise Residential (RM). 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 2650 square metres, located at 45 Noel Avenue, also identified as PID Nos. 00370593, 00370601, 00370767 and a portion of PID No. 00050575 shall be subject to the following conditions: a) That any development of the site be in accordance with a detailed site plan to be prepared by the proponent and subject to the approval of the Development Officer, indicating the location of all buildings, structures, parking areas driveways, loading areas, signs, exterior lighting, outdoor storage areas, amenity areas, pedestrian circulation elements and other site features. This site plan is to be attached to the application for the building permit for the proposed development and all site improvements illustrated on the plan must be completed within one year of completion of the building; b) That any development of the site shall be in accordance with a detailed landscaping plan, to be prepared by the proponent and subject to the approval of the Development Officer. This landscaping plan is to be attached to the application for the building permit for the proposed development and all landscaping illustrated on the plan must be completed within one year of completion of the building; C) That the proposed building be constructed in accordance with detailed elevation plans prepared by the developer and approved by the Development Officer. These building elevation plans musl be attached to the application for the building permit for the proposed development and all work illustrated on the plans must be completed within one year of completion of the building; d) An engineering water and sewer analysis must be completed by the applicant's engineering consultant and submitted to the City for review and approval in order to determine the impact this development (capacity requirements, peak flows, fire flows, etc.) will have on the existing water and sewer infrastructure and also to ensure that this proposal does not exceed the current capacity of the existing systems. If any upgrades to existing infrastructure are necessary, this will be the responsibility of the developer; Page 2 of 3 177 Village View Suites 45 Noel Avenue June 21, 2017 e) The applicant's engineering consultant must submit a detailed storm water drainage plan and design report indicating how storm water collection and disposal will be handled to the City for review and approval. If any infrastructure improvements are required to service this proposal, it will be the applicant's responsibility and cost to complete. No stormwater is to be directed to adjacent lands; f) That servicing for electrical and telephone utilities be provided underground from existing facilities; g) That the proposed building be limited to 46 dwelling units. h) That notwithstanding Subparagraph 10.3(3)(1) of the City of Saint John Zoning By -Law, the height of the building is permitted to be a maximum of 16.6 metres. Respectfully submitted, Eric Falkjar Chair Attachments Page 3 of 3 178 The City of Saint. John Date: June 16, 2017 To: Planning Advisory Committee From: Growth & Community Planning Growth & Community Development Services For: Meeting of Tuesday, June 16, 2017 SUBJECT Applicant: Owner: Location: .s Plan Designation: Existing Zoning: Proposed Zoning: Application Type Jurisdiction: Village View Suites 621946 NB Inc. and Residential Investors & Developers Ltd. 45 Noel Avenue 00370593, 00370601, 00370767 and 00050575 Stable Residential Two -Unit Residential (R2) and Future Development (FD) Mid -Rise Residential (RM) Rezoning, Variance and Subdivision The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law. Common Council will consider the Committee recommendation at a public hearing on Monday, July 10, 2017. The Community Planning Act authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By-law. The Committee can impose conditions. Page 1 of 9 179 Village View Suites 45 Noel Avenue June 16, 2017 SUMMARY The applicant is proposing to rezone the subject lands from Two -Unit Residential (R2) and Future Development (FD) to Mid -Rise Residential (RM) to allow for the construction of a four storey multiple unit dwelling containing 46 dwelling units. Approval of the application is recommended subject to Section 39 conditions relating to site development, building design, landscaping and a limitation on the number of units. RECOMMENDATION 1. That Common Council rezone a parcel of land having an area of approximately 2650 square metres, located at 45 Noel Avenue, also identified as PID Nos. 00370593, 00370601, 00370767 and a portion of PID No. 00050575 from Two -Unit Residential (R2) and Future Development (FD) to Mid -Rise Residential (RM). 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 2650 square metres, located at 45 Noel Avenue, also identified as PID Nos. 00370593, 00370601, 00370767 and a portion of PID No. 00050575 shall be subject to the following conditions: a) That any development of the site be in accordance with a detailed site plan to be prepared by the proponent and subject to the approval of the Development Officer, indicating the location of all buildings, structures, parking areas driveways, loading areas, signs, exterior lighting, outdoor storage areas, amenity areas, pedestrian circulation elements and other site features. This site plan is to be attached to the application for the building permit for the proposed development and all site improvements illustrated on the plan must be completed within one year of completion of the building; b) That any development of the site shall be in accordance with a detailed landscaping plan, to be prepared by the proponent and subject to the approval of the Development Officer. This landscaping plan is to be attached to the application for the building permit for the proposed development and all landscaping illustrated on the plan must be completed within one year of completion of the building; C) That the proposed building be constructed in accordance with detailed elevation plans prepared by the developer and approved by the Development Officer. These building elevation plans must be attached to the application for the building permit for the proposed development and all work illustrated on the plans must be completed within one year of completion of the building; Page 2 of 9 180 Village View Suites 45 Noel Avenue June 16, 2017 d) An engineering water and sewer analysis must be completed by the applicant's engineering consultant and submitted to the City for review and approval in order to determine the impact this development (capacity requirements, peak flows, fire flows, etc.) will have on the existing water and sewer infrastructure and also to ensure that this proposal does not exceed the current capacity of the existing systems. If any upgrades to existing infrastructure are necessary, this will be the responsibility of the developer; e) The applicant's engineering consultant must submit a detailed storm water drainage plan and design report indicating how storm water collection and disposal will be handled to the City for review and approval. If any infrastructure improvements are required to service this proposal, it will be the applicant's responsibility and cost to complete. No stormwater is to be directed to adjacent lands; f) That servicing for electrical and telephone utilities be provided underground from existing facilities; g) That the proposed building be limited to 46 dwelling units. h) That notwithstanding Subparagraph 10.3(3)(1) of the City of Saint John Zoning By -Law, the height of the building is permitted to be a maximum of 16.6 metres. DECISION HISTORY On June 13, 2016 Common Council received a report from the Planning Advisory Committee recommending that Common Council assent to the release of a parcel of Lands for Public Purposes (PID 00370320) located to the east of the subject site. These lands were subsequently sold by the City to the applicant. On May 29, 2017 Common Council gave third reading to a by-law to Stop Up and Close a portion of Clovelly Drive adjacent to the subject lands. The former street right-of-way is being sold to the applicant. The proposed building that is the subject of the rezoning application is planned to be constructed in conjunction with the as - of -right development on the lands sold to the developer by the City. ANALYSIS Proposal The applicant proposes to construct a forty-six unit apartment building on the site in addition to the 46 -unit building that is currently under construction. The applicant has also recently constructed the multiple unit buildings to the east and west of the current development. Page 3 of 9 181 Village View Suites 45 Noel Avenue June 16, 2017 Site and Neighbourhood The subject site is located in the City's Millidgeville neighbourhood with the surrounding area characterized by low- to medium -density residential development. The area proposed for the rezoning is 2650 square metres in and would be developed in conjunction with two adjacent parcels totalling 1.17 hectares in area which are currently zoned Mid -Rise Residential (RM). East of the site, at 41 Noel Avenue, a 30 -unit building was constructed in 2012 by the applicant with a 43 -unit building constructed at 50 Noel Avenue in 2015 by the applicant. Development along Noel Avenue consists of semi-detached dwellings. An additional area of semi-detached development is located north of the site along Tudor Lane. Further to the southwest, the area along Woodhaven Drive contains a mix of single and multiple unit residential development. Existing zoning in the area is generally a mix of Mid -Rise Residential (RM), Low -Rise Residential (RL) and Two -Unit Residential (R2). Municipal Plan and Rezoning Municipal Plan The subject site is designated Stable Residential in the Municipal Plan. Stable Residential areas are existing neighbourhoods which have the potential to accommodate additional development at a scale and density consistent with the surrounding context. Policies LU -86 through LU -88 support intensification of Stable Residential areas with Policy LU -88 providing criteria to be met by proposed developments. Policy LU -88 Ensure that significant new development and redevelopment in areas designated Stable Residential shall generally be permitted only through a rezoning process where compliance is demonstrated with the following requirements: a. The proposed land use is desirable and contributes positively to the neighbourhood; b. The proposal is compatible with surrounding land uses; C. The development is in a location where all necessary water and wastewater services, parks and recreation services, schools, public transit and other community facilities and protective services can readily and adequately be provided; d. Site design features that address such matters as safe access, buffering and landscaping, site grading and stormwater management are incorporated; e. A high quality exterior building design is provided that is consistent with the Urban Design Principles in the Municipal Plan; and f. The proposal is on a property identified as a Corridor on the City Structure map (Schedule A) or does not detract from the City's intention to direct the majority of new residential development to the Primary Centres, Local Centres, and Intensification Areas. Page 4 of 9 182 Village View Suites 45 Noel Avenue June 16, 2017 Staff note that the proposal is compatible with the surrounding land uses in the neighbourhood given that the surrounding area contains a mix of residential densities with multiple unit development located immediately to the east and west of the development site along Noel Avenue. With respect to condition e) of Policy LU -88, Staff have assessed the proposal with Policy UD - 10 of the Municipal Plan which provides urban design criteria for new developments in Stable Residential areas. The proposed building will contain similar exterior materials and design to adjacent multi -unit buildings. In addition, setbacks greater than those required by the Zoning By- law are provided along boundaries with adjacent properties containing lower density residential development to better integrate the scale and massing of the building with the adjacent neighbourhood. The site is serviced by existing municipal infrastructure and is located approximately 575 metres from University Avenue, a main transit route in the Millidgeville Area. While an assessment of water and sanitary flows from the development is a requirement at the building permit stage, along with a stormwater management plan and design report, the City's Infrastructure Development Service Area notes that there is limited capacity in the downstream sanitary sewer system. Portions of this capacity have been allocated to other approved developments, and there is capacity available to accommodate the 46 dwelling units proposed by the applicant. Given the limitations on downstream sanitary sewer capacity Staff recommend a Section 39 condition be imposed on the development limiting the number of units in the building to be accommodated through the rezoning to 46 units. The building is estimated to have a value of between $ 2.5 million and $ 3 million and result in an additional tax levy of approximately $50,000 annually to the City. Given the location of the site in close proximity to University Avenue, a Corridor identified on the City Structure map (Schedule A of the Municipal Plan), and its location between three Intensification Areas Staff are of the opinion the development conforms to criteria (f) of Policy LU -88. It is noted that the Intensification Areas in the Milledgeville Area (University Avenue, Milledgeville Centre, and UNBSJ Plateau) do not provide a large amount of privately -held vacant land that can be immediately developed for residential land uses. Policy 1-2 of the Municipal Plan provides criteria which are essentially the same as that outlined in Policy LU -88 which provide a framework for the assessment of the appropriateness of the proposal. Given that the criteria of Policy LU -88 are met, Staff are of the opinion that the proposal conforms to Policy 1-2 of the Municipal Plan. Based on the above analysis, the proposal conforms to the overall goals, policies and intent of the Municipal Plan. Staff are of the opinion that the site is suitable to accommodate the proposed development and that the proposed development meets the requirement of providing intensification within the context of the surrounding neighbourhood. Therefore the proposed rezoning is supported. Appropriate Section 39 conditions can be imposed in accordance with Page 5 of 9 183 Village View Suites 45 Noel Avenue June 16, 2017 Policy 1-2 regarding site design elements. Rezoning and Section 39 Conditions The rezoning to Mid -Rise Residential (RM) would allow for the development of the proposed multiple unit building. The proposed development meets the standards of the existing Zoning By-law with the exception of the building height. Consistent with past applications for rezonings, a series of Section 39 conditions are recommended relating to site design issues. The proposed building will incorporate facades consistent with a multiple unit building, and staff recommend a Section 39 condition be imposed requiring that detailed building elevations be prepared by the proponent and attached to the application for a building permit for approval by the Development Officer. These elevation plans must show exterior building materials, finishes and entrances. In addition, a Section 39 condition is recommended requiring the developer to prepare a site plan detailing the development and to submit this site plan with the building permit application for Development Officer approval. The site plan must illustrate the location of the driveway and parking area, building location, amenity space and other site features. While the site plan provided with the rezoning application details the building locations and parking, no information is provided regarding proposed landscaping within the development. A Section 39 condition is recommended requiring that a detailed landscaping plan for the development be prepared by the proponent and submitted for Development Officer approval with the building permit application and that all work shown on the approved landscaping plan be completed within one year of the completion of the building. Based on comments from Infrastructure Development, Staff recommend Section 39 conditions relating to the preparation of the required servicing and stormwater studies by the developer. In addition, Staff recommend a Section 39 condition limiting the number of units in the proposed building to a maximum of 46 units given the capacity limitation on the downstream sanitary sewer. With respect to traffic from the proposed development, Planning Staff have reviewed the estimated traffic generated by the development with Infrastructure Development and the City's Traffic Engineer and a traffic impact study is not required as the scale of development is below the threshold that would trigger a traffic impact study. Consistent with past development applications, Staff also recommend that servicing for electrical and telephone utilities be provided underground from existing facilities and that this be formalized through a Section 39 condition. Variances A variance is required for the height of the proposed building. The Mid -Rise Residential (RM) zone has a maximum height of 11 metres, which can be increased to 14 metres as -of -right, Page 6 of 9 184 Village View Suites 45 Noel Avenue June 16, 2017 provided both side yards are increased in amounts equal to the height over 11 metres. In this instance a building height of approximately 16.6 metres is proposed. Staff note that the majority of the required height variance is a function of the building design which incorporates a pitched roof. The proposed pitched roof is consistent with the neighbouring buildings constructed by the applicant and other residential dwellings found within the immediate neighbourhood and comprises approximately 3.6 metres of the overall 16.6 metre building height. The applicant is proposing to locate the building to provide a side yard of 8.75 metres, which is greater than the 8.1 metres required given the additional building height beyond 11 metres. In addition, the site plan proposes a rear yard of 10.7 metres which is greater than the 6 metre by- law requirement. These larger than required side and year yards will reduce the impact of the massing of the building on adjacent properties. Staff support the granting of the building height variance given the variance is a function of the building design and that the intent of the by-law is met through the provision of a larger than required side yard. A Section 39 condition is recommended to formalize the variance in conjunction with the proposed rezoning. Subdivision The proposed lot (Lot 2017-1) meets the standards of the City's Subdivision By-law. Conclusion Staff are of the opinion that the proposed development meets the intent of the Municipal Plan and recommend approval of the rezoning and variance. Section 39 conditions are recommended to formalize issues related to specific site design elements and the building height. ALTERNATIVES AND OTHER CONSIDERATIONS No other alternatives were assessed or recommended by Growth and Community Development Staff. Page 7 of 9 185 Village View Suites 45 Noel Avenue June 16, 2017 ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on June 9, 2017. The public hearing for the rezoning was advertised in the Telegraph -Journal on June 15, 2017. SIGNATURES AND CONTACT Prepared by: Mark Reade, P.Eng., MCIP, RPP Senior Planner Contact: Mark Reade Phone: (506) 721-0736 E-mail: mark.reade@saintjohn.ca Project: 17-100 Approved by: Jacqueline Hamilton, MURP, MCIP, RPP Commissioner iDN Page 8 of 9 Village View Suites 45 Noel Avenue June 16, 2017 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 4A: Aerial Photography Map 5: Topography Map 6: Site Photography Submission 1: Tentative Plan of Subdivision Submission 2: Site Plan Submission 3: Elevation Plans Page 9 of 9 187 I V l. C: rl_ C!$ C7 Cf) (� C: y T p . CU r j,L r „o G d O r f � nR- 0 4) c c 0 Q a> U) a� en JEM C� C� 0 C7 as 5as a) - 7 ceLD a 0 a) CL 6 6 �4 u as 0 F Il u_ ca� cv� III N r �1 11 C: r- E = '-- 1.0 Q C 1 cv 0 o ID. e d p v � ✓ `� pd Iry'ak .,. �µ r b 3� , 1 p .. M. i r _ m, i 9� w ^u .w..., ...... s M �d a 1 ti � r 1 C% r I r ,: omm,. f �u ✓ .„ ,e � y o , CO r CL r " 7 s E E F. F. 5d5 21, ea C: r' 0 N C: a) C!� 0 � w-� Ol M�p,�ory g6�g9 0 26� o�j s C- U) N U — O U) m 0) -(D C N O Eo o N „ 1:j p O ro Z — o a 0 N (n O Z C +� O m (D 0) O N Clovelly Drive �' an,aQ � cn O U LWT LO CD J d7 N N Lo LO - N z i C:, c O � � z a� n m NX) I Le LL d LL 2 mu Y m 0 0 < mo__u_ 0 . . . . . . .......... ............. op IrON .............. ........ CL rb 00,C9 a \ \ v .................... C6 . .......................... .......... . . 0 (1) cn CL -2 73 L) oel 04 o VO > m L) X ......... ... Bottom . ........... C�l FA LU CD I� I I I zz o m LD - oU) LLJ- Fw 4�w Q �cz-7Cnz� Z C7 Z co w w "' OLL Z = g Z Cl "wUj Ewo w m co c� o- �uz Wim p o LU N o w z D H W M ( w z O �azWW I Lu M I _ cn} W J� x I I I I rmO-� 0 Q N z 0 0 0 L) QU) — � _ ( cl W � LLI W H ¢��U� �mu)00 J� Q m W Q � LOU D 1� � 0 Z W W W U 0 � Q I " O M u7 - CN c� I I j j Ur CN FFTI FF71Q= � I o I I I II; j j jco CD N z o� �I r,r jF=7I F=--] I F=--] I 5 From: onestop To: Reade. Mark; Burgess. Aimee Subject: FW: Rezoning and Subdivision Application 45 Noel Avenue Date: 3une-19-17 2:07:52 PM -----Original Message ----- From: STEVEN CHARLTON[mailto:charltons(a)ro,gers.com] Sent: June -19-17 1:38 PM To: onestop Subject: Rezoning and Subdivision Application 45 Noel Avenue Dear Sir/Madam, We are writing in response to the letter received June 12, 2017 concerning the rezoning of 45 Noel Avenue. We realize that this is probably a done deal and that writing this letter is a waste of time. They cleared all the trees in April and have been blasting daily since May 4. Also the very first building on Noel Avenue was built without any consultation from the property owners. We bought our garden home in January 2006. We were the third family to move into the garden homes on Tudor Lane. At that time there were only 2 units completely finished and the third was being built. Tudor Lane was a quiet dead end, tree lined street. This was to be our retirement home. It was very calming to drive up to our home and see the trees swaying over our homes and to be able to relax in our PRIVATE back yards. That all changed in the spring of 2009. That year they cleared all of the trees and blasted all summer. We were promised a 25 foot tree buffer, but that soon disappeared and was never replaced. They built that monstrosity behind us bordering on the property lines. This three story condo building looms over our houses. The renters of this building can look directly into our back yards. They can see straight through our homes from the living room to the front door, since they have an open concept. So much for a peaceful retirement. Now we are being informed that they not only want to build two more of these monstrosities, but that they want to make it four stories instead of three. Plus we only learned of this one week before your meeting on Tuesday June 20. Certainly doesn't give us much time to protest this. We should have been informed about this long before they started clearing the trees. I guess they figured they got away with this the first time, might as well try the second time. Before your committee makes their decision on this matter, maybe you should all take a drive up to Tudor Lane and take a good look for yourselves what we will have to live with up here. We are sure that you would not want these in your back yard. This is not what we signed on for when we purchased our homes. We no longer have ANY privacy at all, and you want to take what little we have remaining. If you vote in favour of this rezoning, we hope that you can sleep at night knowing what you have done to the residents of Tudor Lane. And don't tell us that we can sell our homes and get away from this. Who in their right mind would purchase a home with these things looming over them. Sincerely, Stephen and Brenda Charlton 68 Tudor Lane `RU] PROPOSED ZONING BY-LAW AMENDMENT RE: 45 NOEL AVENUE. Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its regular meeting to be held in the Council Chamber on Monday, July 10, 2017 at 6:30 p.m., by: Rezoning a parcel of land having an area of approximately 2650 square metres, located at 45 Noel Avenue, also identified as PID Nos. 00370593, 00370601, 00370767 and a portion of PID No. 00050575 from Two -Unit Residential (R2) and Future Development (FD) to Mid -Rise Residential (RM) as illustrated below. (INSERT MAP) REASON FOR CHANGE: To permit a 46 -unit multiple dwelling The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Growth and Community Development Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 658-2862 PROJET DE MODIFICATION DE L'ARRETE DE ZONAGE OBJET: 45 AVENUE NOEL Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'etudier la modification suivante a 1'Arrete de zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 10 juillet 2017 a 18 h 30: Rezonage d'une parcelle de terrain d'une superficie d'environ 2650 m6tres carres, situee au 45 avenue Noel, et portant les NM 00370593, 00370601, 00370767 et une partie de NID 00050575, de zone residentielle bifamiliale (R2) et zone d'amenagement futur (FD) a zone r6sidentielle — immeubles d'habitation de hauteur moyenne (RM), comme le montre la carte ci-dessous. (INSERER LA CARTE) RAISON DE LA MODIFICATION: Permettre une habitation multifamiliale de 46 unit6s Toute personae interess6e peut examiner le projet de modification au bureau du greffier communal ou au bureau du service de la croissance et du developpement communautaire a 116tel de ville situ6 au 15, Market Square, a Saint John, au Nouveau -Brunswick., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feri6s. Veuillez faire part de vos objections au projet de modification par ecrit a ]'attention du soussigne a 1'h6tel de ville. Si vous avez besoin des services en franrais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Greffier communal 658-2862 199 1-1`-- �r PROPOSED ZONING BY-LAW AMENDMENT RE: 45 NOEL AVENUE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its regular meeting to be held in the Council Chamber on Monday, July 10, 2017 at 6:30 p.m., by: Rezoning a parcel of land having an area of approximately 2650 square metres, located at 45 Noel Avenue, also identified as PID Nos, 00370593, 00370601, 00370767 and a portion of PID No. 00050575 from Two -Unit Residential (R2) and Future Development (FD) to Mid - Rise Residential (RM) as illustrated below. REASON FOR CHANGE: To permit a 46 -unit multiple dwelling. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Growth and Community Development Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. PROJET DE MODIFICATION DE VARR@TE DE ZONAGE OBJET: 45 AVENUE NOEL Par les pr6sentes, un avis public est donn6 par lequel le Conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a I'Arret6 de zonage de The City of Saint John, lors de is rkunion ordinaire qui se tiendra dans la sane du Conseil le lundi 10 Juillet 2017 118 h 30 : Rezonage d'une parcelle de terrain dune superficie d'environ 2650 metres carr6s, situ6e au 45 avenue Noel, et portant les NID 00370593, 00370601, 00370767 et une partie de NID 00050575, de zone r6sidentielle bifamiliale (R2) et zone d'am6nagement futur (FD) a zone r6sidentielle — immeubles d'habitation de hauteur moyenne (RM), comme le montre la carte ci- dessous. RAISON DE LA MODIFICATION: Permettre une habitation multifamiliale de 46 unit6. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 658-2862 Toute personne interess6e peut examiner le projet de modification au bureau du greffier communal ou au bureau du service de la croissance et du d6veloppement communautaire A I'h6tel de ville situ6 au 15, Market Square, a Saint John, au Nouveau -Brunswick., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6riks. Veuillez faire part de vos. objections au projet de modification par 6crit a I'attention du soussign6 A I'h6tel de vide. Si vous ave7 besoin des services en fran5ais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, greffier communal 658-2862 LOCATI ON CIVI ,,, LPIeL [JNEWCONSTRUCnON HERITAGEAREA. Y / N INTENSIFICATION AREA: Y / N FIOOD RISK AREA: Y / N APPROVED II PLAjN- Y / N []DECK PLI DATE RECEIVED: " OTHER RECEIVED BY: APPLICANT EMAIL PHONE IIJ NG ADDRESS POSTALCODE CONTRACTOR EMAILPHONE MAI LJ NG ADDRESS POSTAL CODE OWNE R EMAIL HONE CL 21 MAILINGADDRESS POSTAL CODE IN HERITAGESIGN HERITAGE INFILL HERITAGE DEMO C3 OTHER ❑ I consent to the City of Saint John sending to me commercial electronic messages, from time to time, regarding City initiatives and incentives. 7Ris h onmoon Is belug colkeArd in order far dw my of $ainr John to &Irrer an ertlating prog—/ serrfm do collection ra hmfwd to that whh h is newaamy to deliver rhe pmgwm service. Unless regrdmd io do so by law, the City of Saint John will not share ymw personal IrrformaMm with any drlyd parry without yore express carar'ear, 7it8 legal audroriry for wifccring ihia rnfaramrion is to be found In rhe 1(adciprr fnw Act mrd the Rift w bformmion and PweeaVa" ofPWva y Acx For fienher moonnation or ""bans mgar&ngthe callewlon ofperaonal Infonnadon, Plante conmet theA=ws & Privacy (10mr. City blah &dlding 6th Floor - IS Marker Sgrmra harm John. NB 82L 168 e r affm &0a&M . (sob) 636-2667 'dWu-satrq �AiwMn'�.t9uv above For the work described on r the n ubmaskm p and ol(s irKtica 4 the 9 Y oppJy P I ] ) plans, s and farms herewith submitted. This apPiicafion includes afl relevant documentation necessary for the applied for Permit(s) or opprovaljs). I agree to comply with the piarr� specifications and further agree to comply with ail relevant City By -taws and conditions Imposer!. 202 go INTERIOR RENOVATION [JNEWCONSTRUCnON ADDITION POOL []DECK [j DEMOLITION OCHANGEOFUSE [:1 SIGN " OTHER HERITAGESIGN HERITAGE INFILL HERITAGE DEMO C3 OTHER ❑ I consent to the City of Saint John sending to me commercial electronic messages, from time to time, regarding City initiatives and incentives. 7Ris h onmoon Is belug colkeArd in order far dw my of $ainr John to &Irrer an ertlating prog—/ serrfm do collection ra hmfwd to that whh h is newaamy to deliver rhe pmgwm service. Unless regrdmd io do so by law, the City of Saint John will not share ymw personal IrrformaMm with any drlyd parry without yore express carar'ear, 7it8 legal audroriry for wifccring ihia rnfaramrion is to be found In rhe 1(adciprr fnw Act mrd the Rift w bformmion and PweeaVa" ofPWva y Acx For fienher moonnation or ""bans mgar&ngthe callewlon ofperaonal Infonnadon, Plante conmet theA=ws & Privacy (10mr. City blah &dlding 6th Floor - IS Marker Sgrmra harm John. NB 82L 168 e r affm &0a&M . (sob) 636-2667 'dWu-satrq �AiwMn'�.t9uv above For the work described on r the n ubmaskm p and ol(s irKtica 4 the 9 Y oppJy P I ] ) plans, s and farms herewith submitted. This apPiicafion includes afl relevant documentation necessary for the applied for Permit(s) or opprovaljs). I agree to comply with the piarr� specifications and further agree to comply with ail relevant City By -taws and conditions Imposer!. 202 go rN' f) >I� v 1 iii w u � � � oi1�✓�m Ij��G INIIryI ^"Y^p' �" gyp''' �r � ,p �y ,�I ��, ;�I �r N u �,p r �� f "�" I� � 'Mm'��i��4W�1.�� II �1••V I Y� ��n�g1.� M��'�h�� .1I I1 �P �'� E�.W �.ml�....�.�.d�r°�� ' I �i� w^d'�� R'Vl a' .nS 01' Land oPublic p, Release §ection 39 Amendment Service Few. $2,500 Non -Conforming Service 0 Exl] Zoning By-law Service Fee: $2,500 DETAILED DIESCRIPT11314 OF APPLICATION Whom ir,,, ;nfit 11 indicate the Chan, es W ensting Section 39co kA ) Satisfactory Serviel SeMca Fee: 1' Zoning By-law Amendment wiffi a Municipal Plan Amendment Service Fee: $3,500 As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the authorized agent thqppf, and I have examined the contents of this application and hereby certify that the information submitted with the application &'rilect insofar as I have knowledge of these fads, and I hereby authorize the applicant to represent this matter and to provide an ddonal information that will be necessary for this application. egistee Owner or Authorized ent Additional Registered Owner 4Dt'e The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. 203 StiDdIvisin a, Appficalkje -t Is If t ho 0, QP""Ilr' ("'WIROWHII 8, COMMILINN I' I )IEE EI 0fUEN rSERVICES C111F S,AIIIf7,JQHN Instrument Documents requiring Development Officer endorsement for registratior Service Fee: $50 Tier I Subdivision Lot boundary adjustments, consolidations, and now IM along an wdsting sbeet Service Fee: $250 plus $50 per new Tier 2 Subdivision Subdivisions involving ft construction of a street Service Fee: $500 plus $100 per new building lot DETAILED DESCRIPTION OF APPUICATION Mtsich the instrument op tentative subdivision plan, whichever is applicable, and any additional documentatiDn to fully desmbe the application. Tentative subdivision plans must adhere to the requirements of Section 49 of the Comundy Planning Act of Now , "- W 411"9' 1 Lt;x;� ttsiolv I r. �t �;Az #;"I Is"i & kiTI;7.1 XFIJr : �Orori rrid j ENCUMBRANCES Describe any easements, restrictive oovenantaL and other encumbrarms affecting the iand 55THokimmom 41 I "T"'M-4IM"MUT y add I lni� a on th t All be necessary Ibr this application. .2e) Date Additional Registered Owner support of this application mrill becc;r�e part of the Pblic record. 771 To 7-M 204 oa'mPa tNrn L41a LIP O aq ° 08 ea i o' 'S zn'C`a'-=°' vQ F�°�z �' W p cZ Is J p ~ E e 3 m�400u82 8m a985� , c L o CY� c a E£ �y m °o.. aTo� - � 'sem ^� 1�_ C o " a w m 0 t�$2 ' =i a '� Soy'Eco° a^ S v -mss �� 0'C C.1 NJ O `3. •' aWai`rcnde ° E'oE °��;� E2 9 CNBC . 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F s� F .Cf a P r "ra e5 ca C� Q' Q<- ,:i - d 8590-1 0 N LL W p U m q Ww __ u �$a 1 i 4 $ L m 048ale sill ' � ;+r /+' /ter ♦ � �� !\� \ �. �� P Af ew Wef'•� e — --4— 0 N MI U� HER I ✓ s IiGQ DG' IDD �, I ®S _ - �� 1® + oo ad o0 oa ern ati vv � a • � � � `�� ' � r �' �arz��a ray ad �, fl rrra �� oo od o� nn o0 oo, o0 oa rtn DOOR 'Pla G:TI A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: 1 Amending Schedule A, the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 2650 square metres, located at 45 Noel Avenue, also identified as PID Nos. 00370593, 00370601, 00370767 and a portion of PID No. 00050575 from Two - Unit Residential (I12) and Future Development (FD) to Mid -Rise Residential. 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: payor/Maire AKKH iL+' A- U.r. 111 ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a d6cr6t6 ce qui suit : L'arr&6 de zonage de The City of Saint John, d6cret6le quinze (15) d6cembre 2014, est modifi6 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'une superficie d'environ 2650 m6tres carr6s, situee au 45 avenue Noel, et portant les NID 00370593, 00370601, 00370767 et une partie de NID 00050575, de zone r6sidentielle bifamiliale (R2) et zone d'am6nagement futur (FD) a zone r6sidentielle — immeubles d'habitation de hauteur moyenne (RM). - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrdt6. EN FOI DE QU01, The City of Saint John a fait apposer son sceau communal sur le present arrdt6 le 2017, avec les signatures suivantes : Common Clerk/Greffier communal First Reading Premiere lecture Second Reading A- Deuxi6me lecture Third Reading a Troisi&me lecture �d � � t � w � a q N B L 0 ',AM, 4�� m ��\ 'A' rm a ii doll y N � h T ,n �f G� j, co „� N Floor Plan r as jj ;i u � j z F'W ' J W °f 4 W lt) `r �a 2 m LL x w c� co „� N om O N 11 0 14W O N 11 c Im 0 3 0 0 0 June 21, 2017 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Rezoning Application 65 University Avenue On May 29, 2017 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its June 20, 2017 meeting. The City of Saint John. Kris Price, the applicant, appeared before the Committee and spoke in favour of the staff report. The Committee commented that they would like to see further Section 39 conditions added to the proposed conditions in order to protect the interests of the adjacent neighbours on Candlewood Lane. The Committee asked staff to review the permitted uses in the proposed General Commercial (CG) zone to scope any uses that may have an adverse impact on the surrounding neighbourhood. After reviewing the permitted uses in the General Commercial (CG) zone, the Committee asked Mr. Price if he would be amendable to including a condition that limited the property from establishing a restaurant in the future. Mr. Price stated that he would be agreeable to such a condition. Planning staff noted that a vehicle repair garage is prohibited on the site as it is adjacent to a residential zone and a bar lounge or nightclub is also prohibited as the site is within 60 metres of a residential zone. Two letters were received that expressed concerns with the proposed rezoning. The letters were most concerned with the potential future use of the property if it were to be rezoned to General Commercial (CG). After considering the report, the letters received, and the comments made by the applicant, the Committee recommended that Council approve the proposed Page 1 of 2 223 Kris Price 65 University Avenue June 21, 2017 rezoning and Section 39 conditions, with an added condition that limits the use of the property to not include a restaurant. RECOMMENDATION: 1. That Common Council rezone a parcel of land having an area of approximately 1877 square metres, located at 65 University Avenue, also identified as PID No. 55024210, from Neighbourhood Community Facility (CFN) to General Commercial (CG). 2. That pursuant to the provisions of Section 39 of the Community Planning Act, the proposed use of the parcel of land having an area of approximately 1877 square metres, located at 65 University Avenue, also identified as PID No. 55024210, be subject to the following conditions: a. That a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings and structures, as well as the location of all parking spaces, accesses, concrete cast -in-place curbing, and all landscaped areas, and that this site plan be submitted with the building permit/change of use application; b. The site improvements identified on the site plan submitted in 2(a) be completed no later than one year after the issuance of a building permit; c. That a restaurant not be a permitted use. Respectfully submitted, -C Eric Falkjar Chair Attachments Page 2 of 2 224 The City of Saint. John Date: June 16, 2017 To: Planning Advisory Committee From: Growth & Community Planning Growth & Community Development Services For: Meeting of Tuesday, July 10, 2017 SUBJECT Applicant: Owner: Location: .s Plan Designation: Existing Zoning: Proposed Zoning: Application Type: Jurisdiction: Kris Price Saint John Council for NB Properties, Ltd. 65 University Avenue 55024210 Low to Medium Density Residential Neighbourhood Community Facility (CFN) General Commercial (CG) Rezoning The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law. Common Council will consider the Committee recommendation at a public hearing on Monday, July 10, 2017. Page 1 of 6 225 Kris Price 65 University Avenue June 16, 2017 SUMMARY The applicant is seeking approval to rezone the subject site from Neighbourhood Community Facility (CFN) to General Commercial (CG) to permit the establishment of a business office for "Home Health Services" at the subject site. The proposed business offers health-related services for seniors and individuals with disabilities that will help them remain in their homes as long as possible. The existing building, which is the former Saint John Ambulance training facility, has adequate space to include necessary training rooms and classrooms to help ensure the staff are properly trained to care for their clients. The property has been used by the Saint John Ambulance for several years. The applicant is intending on renovating the existing building, with no plans to expand the building beyond its current footprint. RECOMMENDATION 1. That Common Council rezone a parcel of land having an area of approximately 1877 square metres, located at 65 University Avenue, also identified as PID No. 55024210, from Neighbourhood Community Facility (CFN) to General Commercial (CG). 2. That pursuant to the provisions of Section 39 of the Community Planning Act, the proposed use of the parcel of land having an area of approximately 1877 square metres, located at 65 University Avenue, also identified as PID No. 55024210, be subject to the following conditions: a. That a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings and structures, as well as the location of all parking spaces, accesses, concrete cast -in-place curbing, and all landscaped areas, and that this site plan be submitted with the building permit/change of use application; b. The site improvements identified on the site plan submitted in 2(a) be completed no later than one year after the issuance of a building permit. DECISION HISTORY The subject site was included in a 2014 rezoning application with the adjacent property for a proposed commercial development which would have included restaurant and retail land uses. The rezoning application was withdrawn by the previous applicant. An application was also made in 2016 to rezone the subject site to General Commercial (CG) to permit the establishment of a real estate office. However, that application was withdrawn prior to the PAC meeting as the applicants no longer wished to pursue the purchase of the property. Page 2 of 6 226 Kris Price 65 University Avenue June 16, 2017 ANALYSIS Proposal The applicant is seeking to rezone the subject property from Neighbourhood Community Facility (CFN) to General Commercial (CG) to permit the establishment of a business office for "Home Health Services" at the subject site. The proposed business offers health-related services for seniors and individuals with disabilities that will help them remain in their homes as long as possible. The existing building, which is the former Saint John Ambulance training facility, has adequate space to include necessary training rooms and classrooms to help ensure the staff are properly trained to care for their clients. The property has been used by the Saint John Ambulance for several years. The applicant is intending on renovating the existing building, with no plans to expand the building beyond its current footprint. The site has ample space to provide the required six off-street parking spaces for the proposed use. Site and Neighbourhood The site is located on University Avenue, near the intersection with Millidge Avenue, in the City's North End. This area of the City has seen some development in recent years, most notably by Shannex Development Limited, which recently completed the construction of a four -building seniors complex at 700 Millidge Avenue. There is a long-standing cluster of commercial properties located across the street from the subject site, which includes a Tim Horton's and Wendy's restaurant. In addition, the adjacent property at 35 University Avenue was recently redeveloped to establish a new drug store, Jean Coutu. The area east of the subject site is the "Candlewood Estates" residential neighbourhood comprised of several townhouse units. Further down University Avenue, there is a mixture of affordable housing units, an arena, the Regional Hospital and the UNBSJ campus. The subject site has an area of approximately 1877 square metres, and a frontage on University Avenue of approximately 30 metres. Service New Brunswick data indicates that the property on the site was constructed in 1984. The property has been used by the Saint John Ambulance for several years. The applicant is intending on renovating the existing building, with no plans to expand the building beyond its current footprint. The site has adequate parking in the front and rear areas of the existing building to accommodate the required six parking spaces for the proposed use. Municipal Plan and Rezoning The site is located in the Low to Medium Density Residential land use designation on Schedule B of the City's Municipal Plan. This designation primarily contemplates residential land uses, but recognises the need for a complementary presence of commercial uses. A business office, such as the proposed health care service business, is within the scope of land uses that are considered complementary to the residential feature of the surrounding area. Page 3 of 6 227 Kris Price 65 University Avenue June 16, 2017 The proposed General Commercial (CG) zone currently exists at the intersection of Millidge Avenue and University Avenue, as well as the adjacent Jean Coutu lot. As such, staff support the proposed rezoning of the subject site to General Commercial (CG), as it will contribute to the context of commercial land uses near this prominent intersection. Staff recommend that approval for the proposed rezoning be subject to Section 39 conditions of the Community Planning Act that require the site to be redeveloped in accordance with an approved site plan, including the establishment of cast -in-place concrete curbing around the entire paved parking area including the driveway entrance. Conclusion The applicant is seeking to rezone the subject site from Neighbourhood Community Facility (CFN) to General Commercial (CG) to permit the establishment of a business office for "Home Health Services" at the subject site. The redevelopment of the building to accommodate an office use is a compatible transition of the property as it complements the existing context of a commercial cluster of land uses located at the corner of Millidge Avenue and University Avenue. Staff recommend approval, subject to the condition that the site be redeveloped in accordance with an approved site plan. ALTERNATIVES AND OTHER CONSIDERATIONS There are no alternatives recommended for this application. ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on June 9, 2017. The public hearing for the rezoning was advertised in the Telegraph -Journal on June 15, 2017. Page 4 of 6 228 Kris Price 65 University Avenue June 16, 2017 SIGNATURES AND CONTACT Prepared:, Jody Ififfer , MCIP, RPP Planner Reviewed: YJ d Mark Reade, P.Eng., MCIP, RPP Senior Planner Contact: Jody Kliffer Phone: (506) 632-6846 E-mail: jody.kliffer@saintjohn.ca Project: 17-103 Approved: 1�- "� ., Jueline Hamilton, MURP, MCIP, RPP Commissioner Page 5 of 6 229 Kris Price 65 University Avenue June 16, 2017 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Submission 1: Site Plan Submission 2: Floor Plan Page 6 of 6 230 21, 5d5 ea Cil E 0 C: a) E C!� Cu 0 a) OJa r C7 N Asa a- cSCL EM CL om III LO co Asa a- cSCL t- CL III ea. . C: QD E ca Q 1.0 W — 00 (D CU t� N m N LOLM 'U. II S CLCL CT 1 I 0`�,OaC W (Y) C7 a) can' a� LOaa) a a) a i D� D� D� uu E 'E .T :D :D D� cylLL CJ F m LLL CL D� D� D� L IIS L / E L' 0m C3 o 5 i" CT 0 E 2 CL IR E E o E j o C3 E CL ad, m u. LL C��' III."""///1%%%%%%%%%%I Illlllllllll��D%��j////%%//i 57�,'F ,.. E 0 �® 0.Y ✓ •@@ V p V 4r 0 pgy �gq <V ¢2 y0� S„0 (3) ¢2 ya�> 60d (Y) C7 a) can' a� LOaa) a a) a i D� D� D� uu E 'E .T :D :D D� cylLL CJ F m LLL CL D� D� D� L IIS L / E L' 0m C3 o 5 i" CT 0 E 2 CL IR E E o E j o C3 E CL ad, m u. LL C��' III."""///1%%%%%%%%%%I Illlllllllll��D%��j////%%//i �57d, 21, ,V ea C: QD = -r- 0 1 C: LL Wo 00 M 03 03 q 21, 5d5 ea C: QD o C C!� p 00 M Lu ce Floor Plan 236 cr :to tu L., U - LL CS L4 Lw tL u (Z CX LL Cle 236 cr June 19, 2017 Re: Rezoning Application, 65, University Avenue Thank you for allowing me to register my concerns regarding the proposed rezoning of 65 University Avenue, PID Nlo. 55024210, from Neighbourhood Community Facility (CFN) to General Cornmerc4l (GC), I own and reside in a townhouse facing this property, at 6 Candllewood Lane. 65 University Avenue currently houses a St. John Ambulance office and training facility where health services, such as first-aid training, are delivered. 11 understand the applicant is proposing to offer the space to establish a business office for "Home Health Services,"' which would provide health related -services for seniors and individuals, with disabilities to remain in their homes as long as possible. I think we can aill agree that such services are needed, and that the St, John Ambulance facility, as it is currently configured, would serve well as a site for such services. My objection is not to the use proposed for 65 University Avenue but to the proposed change zoning, which would be permanent, and which would eliminate the last buffer zone between t' townhouses of Candlewood Lane and University Avenue and the growing comnI zone at the corner, of University and Millidge Avenues. Once the zoning, is changed, we have no guarantee that 65 University Avenue would remain a quiet health services office. I I respectfully request that members of the Planning Advisory Committee recommend that Cornmon Council deny the appllied-for change in zoning and assess whether variances could permit a Home Health Services office to be established without changing the zoning from Neiigihbourhood Community Facility. This would enable the proponent to proceed with finding a new tenant for, the property that is consistent with its present use and bring a valuable service to Millidgeville, without changing the character of the neighbourhood. If members of the PAC believe the applied -for change in zoning is necessary and desirable, I respectfully request that restrictions be placed upon the future development of 65 University Avenue to Ilmit the impact of commercial development on neighbouring residences and preserve the character of the neighbourhood, Given that this property faces a row of family townhouses, it seems to me that reasonable restrictions would include proNbitions on bl'astingi; limitations on restdctions on the type of business that can, occupy the lot. P49YA As the honoured ci and members of the Planning Advisory Committee Must know, the character of our neighibourhood has been altered significantly already against the advice and diirection of Pilan SJ by recent council decisions, These changes include the reryloval� of communiity greenspace and wetlainds to allow the creation of the sprawling Shannex Parkland complex on the other side of University Avenue-, the breaking of a public trust on city -owned lands, allowing the property to be, sold and developed into the jean C�outu Pharmacy and Drive-Thru� and the demolition of covenanted greenspace that served as a noise and light buffer at the corner of Mflhdgei and University AvenUes. The lot at 65 University Avenue, w4h its modest redbrick office building, small parking lots, `fwlw�w an increasingly busy, bright and noisy commercial zone - a zone that Plain SJ [lever envisioned and which the zoning in this neighbourhood pously pirobitedi, for good reason. Like many citizens of Saint John, I have ag�ng parents who are doing all they can to remain in their horne as long as possible. I appreciate e, for more and better home -care services, and woWd welcome a health services office as a neighbour. I cannot welcome the proposed change in zoning, however, because it would aillow the property at 65 University Avenue to be developed in ways that are not consistent with land bordering a residential neighbourhood, I respectfully ask members of the Planning Advisory Committee and Common Council to investigate whether a permanent change in zoning is requiired. and if it is, to provide restrictions on present and future land use that will ensure 65 University Avenue continues to function as a buiffer between the Canidlewood Lane neighibourhood and more intensive commercial development. Yours sincerely, �Eric Marks P491-11 From: onestop To: Reade. Mark; Burgess. Aimee Subject: FW: Rezoning 65 University Avenue Date: 3une-20-17 8:21:16 AM Paula Hawkins One Stop development Shop Permitting & Inspection Services 10th floor —City Hall Saint John, NB E21_41_1 (506)658-2911 oaula.hawkinsrEDsaintiohn.ca on estopCcDsaintiohn.ca From: Anne Kilfoil [mailto:kilfoila@gmail.com] Sent: June -19-17 10:27 PM To: Kliffer, Jody; onestop Cc: Reade, Mark Subject: Rezoning 65 University Avenue RE: Rezoning Application for 65 University Avenue I would like to submit my objection to the rezoning of the 65 University Avenue property from Neighborhood Community Facility (CFN) to General Commercial (CG). The tax paying households of the Candlewood Lane townhouse community have been subjected to significant commercialization of our neighborhood in recent years. This has been more than distressing to us as homeowners -- we have seen our property values drop significantly, approximately 15%. It would be personally and financially devastating to suffer further loss with the General Commercial zoning just a few feet away from the homes of our neighbourhood. It is unbelievable to consider this impact on tax paying citizens with so many available commercial properties vacant in this area. Should the City impose this loss upon us, we at the very least request that restrictions be attached to the commercial zoning so that any future tenants that might inhabit the property subsequent to Home Health Services are restricted to business hours of operation, NO food services with the accompanying drive through, garbage and fast food smells, as well as other restrictions. We cannot afford further loss of property value and loss of our neighbourhood integrity. Respectively submitted, Anne Kilfoil 4 Candlewood Lane Sent from my iPad 0910.1 PROPOSED ZONING BY-LAW AMENDMENT RE: 65 UNIVERSITY AVENUE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its regular meeting to be held in the Council Chamber on Monday, July10, 2017 at 6:30 p.m., by: Rezoning a portion of a parcel of land having an area of approximately 1877 square metres, located at 65 University Avenue, also identified as PID No. 55024210, from Neighbourhood Community Facility (CFN) to General Commercial (CG), as illustrated below. [INSERT MAP] REASON FOR CHANGE: To permit a business office. The proposed amendments may be inspected by any interested person at the office of the Common Clerk, or in the office of Growth and Community Development Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendments may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 658-2862 PROJET DE MODIFICATION DE L'ARRRTE DE ZONAGE OBJET : 65, AVENUE UNIVERSITY Par les pr6sentes, un avis public est donne par lequel le Conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a 1'Arret6 de zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du Conseil le lundi 10 juillet 2017 a 18 h 30: Rezonage une partie d'une parcelle de terrain d'une superficie d'environ 1877 metres carr6s, situ6c au 65, avenue University, et portant le NID 55024210, de zone d'installations communautaires de quartier (CFN) a zone commerciale generale (CG) comme le montre la carte ci-dessous. [INSERER LA CARTE] RAISON DE LA MODIFICATION Permettre un bureau d'affaires. Toute personae int6ress6e peut examiner le projet de modification au bureau du greffier communal ou au bureau du service de la croissance et du d6veloppement communautiare a 1'h6tel do ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire part de vos objections au projet de modification proposes par 6crit a 1'attention du soussignd a I'h6tel de ville. Si vous avez besoin des services en fianrais pour une r6union de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, greffier communal 658-2862 240 241 PROPOSED ZONING BY-LAW AMENDMENT RE: 65 UNIVERSITY AVENUE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its regular meeting to be held in the Council Chamber on Monday, July10, 2017 at 6:30 P.m., by: Rezoning a portion of a parcel of land having an area of approximately 1877 square metres, located at 65 University Avenue, also identified as PID No. 55024210, from Neighbourhood Community Facility (CFN) to General Commercial (CG), as illustrated below. REASON FOR CHANGE: To permit a business office, The proposed amendments may be inspected by any interested person at the office of the Common Clerk, or in the office of Growth and Community Development Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 '000 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendments may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 658-2862 PROJET DE MODIFICATION DE UARRETE DE ZONAGE OBJET: 65, AVENUE UNIVERSITY Par les pr6sentes, un avis public est donn6 par lequel le Conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a I'Arr6t6 de zonage de The City of Saint John, Tors de la reunion ordinaire qui se tiendra dans la sane du conseil le lundi. 10 Juillet 2017 a 18 h 30: , Rezonage une partie d'une parcelle de terrain dune superficie d'environ 1877 metres carr6s, situ6e au 65, avenue University, et portant le NID 55024210, -de zone d'installations communautalres de givartier (CFN) a zone Commerciale 96nerale (CG) comme le montre la carte ci- dessous. RAISON DE LA MODIFICATION Permettre un bureau d'affaires. Toute personne int6resr6e peut examiner le projet de modification au bureau du greffier communal ou au bureau du u, service de la croissance et du d6veloppement Communautiare a I'h6tei de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire part de vos objections au projet de modification proposes par 6crit A I'attention du soussign6 a I'h6tel de ville. Si vows avez besoin des services en fran4ais pour une r6union de Conseil Communal, veuillez contacter ie bureau du greffier communal. Jonathan Taylor, greffier communal 658-2862 ,.��65 University0 'APPLICATION M ADDRESS 6 University APPUCANT EMAIL PHONE PROPOSED USE: Offices/training Kris Price Krisprice@integrityhhs.com 506-227-6295 *MAILI NG DD , HERITAGE DEVELOPMENT ------- --�OSTALt# .1102 WeldonMoncton, nDRIVEWAY CULVERT E]HERITAGE SIGN nDECK CONTRACTOR EMAIL PHONEY COUNCILAPP WATER & SEWERAGE HERITAGE DEMO EICHANGE !F USE SIGN 11 SUBDIVISION MAI LING ADDRESS OTHER [:)MINIMUM STANDARDS []CrTHER NOTHER i ST. John Council for N13 Properties lisa-murphy@nb.sja.ca 506451-914f ADDRESS 6 University 1 PRESENT USE: Vacant building PROPOSED USE: Offices/training # []INTERIOR f ! �O1 # [:]VARIANCE STREET EXCAVA71ON , HERITAGE DEVELOPMENT ER'ORRENOVAT'ON E]EXTOADDITION EIACCESSORYSLOG []PLANNING LETTER nDRIVEWAY CULVERT E]HERITAGE SIGN nDECK POOL DEMOLITION nPAC APPLICATION #", COUNCILAPP WATER & SEWERAGE HERITAGE DEMO EICHANGE !F USE SIGN 11 SUBDIVISION 130THER OTHER [:)MINIMUM STANDARDS []CrTHER NOTHER pl consent to the City of Saint John sending to me commercial electronic messages, from time to time, regarding City initiatives and incentives. Crm�rll(irlkt7iNll S7rldxrcar 71rN )NIN1NI+IINIII I F hang Odlcrl vl ur nnirr Jilr Ihr ('In Nf .11111 .luhll hr drlfrrr aN exam rx l,rrr�hlM 4t n'!t Y•; !lh' .Yd6Y'I+rIN !� 1rNrrlrll 6r )lkrr N'h!c'h k jA"L,.l,lrl' h ,ll'hlwr Ilk• 1irYr�rllN! wnvr:. r'uhcw nvoij%711'. rhr ul In Id9w. dw ('m• nl �iuul J dur 11•+11 IUN fan,urr+l ulhtrrMINkfr ), rill wit rhrnllwill) xrrlhurl mvir wgImms.% erurlrul !1n' lrxal aullmr+rt I N ndlcef"49Ihls lrylurNwBnn is III hr fn+nhl ru dh• :lhuu, drIj .+ rrel wh1 rhr XI�iN to lrlfNrNwmrrr wd NInnK9rwr if 1'r7lift'r drl Fw turdw NrfamRi wl rrr jonjirNil n'I,unlruf; !la' lvdlrr lluu r+llh'nvaurl ulhtrunfluul. f+lavlzr.•nrlp>rI rhr: fa'et•as 1hmrcy' Illfn-rr: I'+n Hrdllhrrld+lrM Xrh F1rXN'- 19.thlrlrl 3;lrrun• r:.. .tiow0rdui, N11 E.1 IFr �.uuoa •n.: r,. fr 411 ,.-IN[. a 106l 6 tx-?R62 . nrccw ®t. «.« . ,. .• 1, +. « « e ■ t,Y-,dws and !I PriceKris Applicant Kris Price Digitally si DOW 2017.05.17 09:30z36 -Oyo(r Applicant N a May 17,2017 243 M ��,j C, �Council Application GROWTH & COMMUNITY J*VELOPMENT SERVICES . auuwm aa.ak.a„ CITY OF SAINT JOHN CM6C ACCESS r�6yersuty Ay�;n F�P��LiCA"TICS FSE PAED N ❑ Land for Public Purposes Release Service Fee. $300 Section 39 Amendment Service Fee: $2,500 Non -Conforming Use Service Re: 5240 ❑ Zoning By-law Amendment Service Fee. $2.500 Satisfactory Servicing Service Fee: $200 ❑ Zoning By-law Amendment with a Municipal Plan Amendment Service Fee. $3.540 DETAILED DESCRIPTION OF APPLICATION Where applicable, indicate the changes to existing Section 39 conditions, zoning, or Municipal Plan designation being requested. Attach site plans, building elevations, floor plans, and other documentation to fully describe the application. The submission of a preliminary proposal and a Pre -Application Meeting is encouraged prior to seeking approval. Please contact the one -Stop Development Shop at (506) 658-2971 for further information. This is an application to have the St. John Ambulance location of 65 Universily Ave. rezoned from "Institutional Zone - Neighborhood Community Facility" to "General Commercial (CG) Zone. An ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land,. ►? IM1.16 flMI As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application ano hereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to pro�Ode any additional informati( ih that will be necessaryfor this application. Rbgistered owner or A ho 'zed Adent NI kA4- 2 t 17 e Additional Regislared Owner Date The information contained in this application and any documentation, including pians, drawings, reports, and studies, provided in support of this application will become part of the public record. 244 In'tegrp"1111i"t-Y Home Health Services Soins et Services a Domicile May 18, 2017 To Whom It May Concern, 102 Weldon St. Moncton, NB El C 5W2 PH. (506) 383-1273 FAX. (506) 383-1210 www.inlegrityhhs.com We are looking to change the current zoning of the vacant St. John Ambulance building located at 65 University Ave. from Neighborhood Community Facility (CFN) to General Commercial (CG). Integrity Home Health Services is a service based business that helps seniors and peoples with disabilities remain in their home as long as possible. This building would provide us with a proper space for our office staff to operate daily. It will also provide us required amount of space for our field staff to have a classroom atmosphere and access to all the equipment they require to be properly trained to care for the people of Saint John who are in need. We plan on sprucing up the inside with paint and some new fixtures. On the outside, we plan to create a sense of curb appeal by investing in some landscaping, scrubs/flower beds to surround the flag pole (Canadian flag will be flown) and new Integrity sign on the left-hand side of the building. We will be hiring a landscaping company to improve the shape of the grass and maintain this look throughout the year. Sincerely, Kris Price -Co -Owner Integrity Home Health Services Integrity is everythingT M 245 Floor Plan ®o W G LN _... ~ J r a Fy co N BY-LAW NUMBER C.P. 111- A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: 1 Amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1877 square metres, located at 65 University Avenue, also identified as PID No. 55024210, from Neighbourhood Community Facility (CFN) to General Commercial (CG) - 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: ARRETE N" C.P. 111- ARRETE MODIFIANT VARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a d6cr&6 cc qui suit: L'arret6 de zonage de The City of Saint John, d6cr&6 le quinze (15) d6cembre 2014, est modifi6 par: 1 La modification de Pannexe A, Carte de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcclle de terrain d'une superficie d'environ 1877 m6tres carr6s, situ6e au 65, avenue University, et portant le NM 55024210, de zone d'installations communautaires de quartier (CFN) a zone commerciale g6n6rale (CG) - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du present arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2017, avec les signatures suivantes Common ClerklGreffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading Troisieme lecture A BY-LAW TO AMEND A BY-LAW RESPECTING THE STOPPING UP AND CLOSING OF HIGHWAYS IN THE CITY OF SAINT JOHN Be it enacted by the Common Council of The City of Saint John as follows: 1 A by-law of The City of Saint John entitled, "A By-law Respecting The Stopping Up and Closing of Highways in The City of Saint John", enacted on the nineteenth day of December, A.D. 2005, is hereby amended by adding thereto Section 246 immediately after Section 245 thereof, as follows: 246 The City of Saint John does hereby stop up and close permanently the following highway: TILLEY AVENUE: All that portion of Tilley Avenue, a public street in the City of Saint John, in the County of Saint John and Province of New Brunswick, comprising 197 square metres as shown on a Plan of Survey titled, "Plan of Survey Showing portion of Tilley Avenue, City of Saint John, Saint John County, New Brunswick," prepared by Hughes Surveys & Consultants Inc. and dated June 15, 2017 attached hereto. 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: ARKETE N" M-23 ARRETE MODIFIANT L'ARRETE SUR L'INTERRUPTION DE LA CIRCULATION ET LA FERMETURE DES ROUTES DANS THE CITY OF SAINT JOHN Lors dune reunion du Conseil communal, The City of Saint John a d6cr&6 ce qui suit : 1 Par les presentes, 1'arret6 de The City of Saint John intitule, « L'arrete sur l'interruption de la circulation et ]a fermeture des routes dans The City of Saint John)), d6cr6t6 le 19 d6cembre 2005, est modifi6 par 1'ajout de Particle 246 imm6diatement apres ]'article 245, comme suit : 246 Par les pr6sentes, The City of Saint John barre et ferme de fagon permanente la route suivante : AVENUE TILLEY : Tout le trongon de P avenue Tilley, une rue publique dans la ville de Saint John, comt6 de Saint John, dans la province du Nouveau -Brunswick, d'une superficie de 197 mz comme le montre le plan d'arpentage intitul6 « Plan of Survey Showing portion of Tilley Avenue, City of Saint John, Saint John County, New Brunswick » (plan d'arpentage indiquant une partie de l'avenue Tilley, City of Saint John, comt6 de Saint John, Nouveau -Brunswick), prepare par Hughes Surveys & Consultants Inc. et dat6 du 15 juin 2017, ci joint. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arr&6 le **** ***** 2017, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premi6re lecture Second Reading - Deuxi6me lecture - Third Reading - Troisieme lecture ro m a w s` E �.•^..,`L �, m '� _ 3. `o•p ",! c 5��u ��o •z ? U C ��» o' g E'o �+ M z $ 4 a N `auz sm�' } ss " o 0 8 n $ ..�8 ni �m «Z c�$ U6az•: Q a? C 7 <� 9 € �. E E L4 8 rc $ `= aef �� a �e:�dnroE CLm tt E e$ n� —�� o °= ar o $M E.n'.•r'E' O 0 v w �o Z U ° ,`� '�' c •o co o�'� E �" o" a �<<.; o 1p�v vY .nnnnn.`Pinn a p•o eZ° v & #i E�^t nrn wrnnnti �(/� C C �.y o� ERS'r d ®�' _9� o 3v°Po p ° \ C �' LN C-,♦ PJ '� c $t Z F. r S�?E$ m ` '�oE `c=m �.0 ^ . 7�� 00�0� Se E EB o 8'irorov8a p' a Ai 'E' a G rY�'ae E <<�� 5 _ xg Eg_aE eggg �,Q � °o. ai'm 5sr3 s v$ c' �g a. o ggi � W € ��$et�m�3� -.8 U) i 'a zR tr �}}]]�� h..m c �• z g o 8, eg '=$9 o tlzW �Yg�o ° x g [n C m a sem' yN�• \ s aV $8`� 8 g&U o� r� } �,3 car iw m ° � �nm�n,N,"fin :i yn , O a$-� ro 0o a$ ro_5 NNNNNNNN �' e" LN �� %n �� g�g� Y$ 8 38� n z a g A$,a� iB�BkE 3n im° 3a 4 ze3�s•_•o �m a mnwn8$ ° d U 8pg°oS „400l QFLO Jif 'w 'ray res eN MWo ;14 VWN Cl Irl mM1� mm� m � � o � '�• � ,f��8 a cn e, J0 _ 'O m P � « o �� J0 N cl �� j l � STREET CLOSING TII.LEY AVENUE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending "A By-law Respecting The Stopping Up and Closing of Highways In The City of Saint John" at its regular meeting to be held on Monday, July 10, 2017 at 6:30 p.m. to stop up and close the following highway: TILLEY AVENUE: All that portion of Tilley Avenue, a public street in the City of Saint John, in the County of Saint John and Province of New Brunswick, comprising 197 square metres as shown on a Plan of Survey titled, "Plan of Survey Showing portion of Tilley Avenue, City of Saint John, Saint John County, New Brunswick," prepared by Hughes Surveys & Consultants Inc. and dated June 15, 2017 attached hereto. (INSERT PLAN) The proposed amendment and plan of the above described highway may be inspected by any interested person at the office of the Common Clerk, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m. Monday to Friday inclusive, holidays excepted. Written objections to the proposed amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk at 658-2862. FERMETURE DE RUE AVENUE TILLEY Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier N< Arretd sur 1'interruption de la circulation et la fermeture des routes dans The City of Saint John » lors de la reunion ordinaire qui se tiendra le fundi 10 juillet 2017 a 18 h 30 afin d'interrompre la circulation et de fermer la route suivante : AVENUE TILLEY : Tout le trongon de F avenue Tilley, une rue publique dans la ville de Saint John, comt6 de Saint John, dans la province du Nouveau -Brunswick, d'une superficie de 197 m2 comme le montre le plan d'arpentage intituld < Plan of Survey Showing portion of Tilley Avenue, City of Saint John, Saint John County, New Brunswick » (plan d'arpentage indiquant une partie de 1'avenue Tilley, City of Saint John, court& de Saint John, Nouveau -Brunswick), prepare par Hughes Surveys & Consultants Inc. et date du 15 juin 2017, ci joint. (INSERER LE PLAN) Toute personne intdressde pent examiner les projets de modification et le plan des rues ddcrites ci-dessus au bureau de la greffi&re communale a 1'h6tel de ville au 15, Market Square, a Saint John, au Nouveau -Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours fdrids. Veuillez faire part de vos objections au projet de modification par &crit a 1'attention du soussigne a 1'h6tel de ville. Si vous exigez des services en francais pour une reunion du conseil communal, veuillez communiquer avec le bureau de la greffiere communale au 658-2862. 250 Received Date July 03, 2017 Meeting Date July 10, 2017 Open or Closed Open Session His Worship Don Darling and Members of Common Council Your Worship and Councillors: Subject: Garbage Bylaw review Background: I believe that in our present bylaw we only pick up garbage for less than 4 units if the property is an apartment building and we do not pick up from most commercial businesses. Therefore I feel that we should not be picking up garbage from townhouses, condos etc if there are more than 4 and it is a commercial leasing/renting business. (In some cases it takes our Local 18 Employee over an hour to pick up the garbage at one property address that houses over 40 families) and the owner pays the same rate as one property owner, actually it is in the tax rate). If the Condos or Townhouses are individually owned then of course it is our responsibility to pick up their garbage. But if not and it is a business and/or individual owning all the Condos, townhouses, etc and the units are rented/leased then I feel that they should be paying for their own garbage collection. It is then a commercial enterprise. This has been a long outstanding issue and I would like to see it addressed as a soon as possible. Motion: That the Garbage Bylaw for the City of Saint John be reviewed and amended if necessary to include; that if an individual or company owns more than 4 units, condos, townhouses or any similar type of housing and leases/rents these properties out to tenants that their garbage be picked up by a private commercial company and not by the City of Saint John. Respectfully Submitted, (Received via email) Shirley McAlary Councillor at Large City of Saint John SAINT JOHN P.O. Box 1971 Saint Jahn, NB Canada E2L 4L1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1 ---- — I 251 MA10, i SAINT JOHN P.Q. Box 1971 Saint John, NB Canada E2L 4L1 I wwwsaintjohn.ca I CY 1971 Saint John, N. -B. Canada E2L 4LI PM COUNCIL REPORT M&C No. 2017-183 Report Date July 04, 2017 Meeting Date July 10, 2017 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: AquaHawk Customer Portal — Saint John Water OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Pierre LeBlanc Brent McGovern m I Jeff Trail RECOMMENDATIONS It is recommended that: 1) the City enter into a one year Software -As -A -Service Managed Services Agreement with American Conservation & Billing Solutions, Inc. for the purpose of accessing and using its software in the form attached to M&C 2017-183 and that the Mayor and Common Clerk be authorized to execute the necessary contract documents; 2) the City enter into a Memorandum of Understanding with American Conservation & Billing Solutions, Inc. regarding credits to the City AquaHawk account for customers referred by City to American Conservation & Billing Solutions, Inc. and that the Mayor and Common Clerk be authorized to execute the necessary documents. EXECUTIVE SUMMARY The purpose of this report is to request that Common Council authorize the Mayor and Common Clerk to execute the attached Software -As -A -Service Managed Services Agreement and Memorandum of Understanding in regard to the implementation of the AquaHawk Customer Portal software. PREVIOUS RESOLUTION n/a STRATEGIC ALIGNMENT This report aligns with Council's Priority for Fiscal Responsibility. 184*1 It also supports Common Council's priority of Valued Service Delivery through innovation and technology and creating operational efficiencies. REPORT Saint John Water recently completed the implementation of a fully functional, fixed based, radio frequency meter reading system also known as Advanced Metering Infrastructure (AMI). This system gathers hourly consumption data, which is recorded and stored for a period of two years, from smartpoint radios attached to each individual water meter in the City's water distribution system. The City of Saint John currently owns, and has in service, approximately 3300 meters, 3030 of which are now being read automatically with the AMI system. The remaining meters are still read manually and are scheduled to be fully transitioned and integrated into the AMI system by the end of 2018. Although the AMI system has succeeded in facilitating and automating the billing process (collection of meter readings and customer billing) for all of the City's metered customers a few remaining challenges/opportunities exist. City staff can access historic (period of 2 years) detailed hourly consumption reports for any metered customer connected to the AMI system. Customers themselves, however, are unable to access/monitor their own consumption. At present, customers who are interested in monitoring their own consumption (particularly commercial/industrial customers) have been doing so via multiple phone calls to City staff and a manual data transfer which does not serve our customers well and consumes a lot of staff time with repetitive administrative tasks. For example, this process requires City staff to: field multiple calls regarding water consumption inquiries, gather the necessary data, and create and send consumption reports to customers. The lack of an effective way for customers to monitor their own consumption is especially troublesome in cases of a water leak. Water leaking on private property can remain undetected until customers receive a high consumption letter from the City. At present this letter is sent to customers as soon as the City notices a rise in consumption, this is typically noticed during the bimonthly billing process. Customers can therefore experience an unknown ongoing leak for periods up to 2 months which can have a significant financial impact on customers and result in increased water use. AquaHawk is a customer portal solution for municipal utilities that use a fully functional, fixed based, radio frequency meter reading system (AMI). This Software helps providers improve customer engagement, client satisfaction by opening data and offering a means for customers to monitor and access their water consumption in real time. Ne"I With AquaHawk, Saint John Water's metered customers would be able to: • Register and access their online account(s); • View their current and historical water usage in graphical format; • See notes or information that has been pushed out by Saint John Water; • Receive notification via their means of choice (email, text message, cell phone, home phone or work phone) when potential leaks are detected; • See an estimate of their bill during the billing cycle; and • Set a billing and usage threshold and be notified if they are trending to, or have exceeded their personally set budget. Staff have researched and evaluated multiple customer portal software solutions and it has been determined that the AquaHawk software presents the best product offerings to meet the City's needs at the best price. SERVICE AND FINANCIAL OUTCOMES Upon approval of this report, the City would enter into a 1 -year renewable agreement with American Conservation & Billing Solutions Inc. The usage fee for this software is to be paid monthly at a rate of $630.00 US (approx. $817 Canadian as of July 4t", 2017). In addition to the monthly usage fees there is a one-time set up and data integration fee totaling $9,000.00 US (approx. $11,677 Canadian as of July 4th, 2017). There is also a one-time bilingual support customization fee of $11,500.00 US (approx. $14,920 Canadian as of July 4' 2017). This fee is necessary in order to be able to offer the AquaHawk customer portal to Saint John Water Customers in both official languages as is required in the New Brunswick Official Languages Act. As a new revenue source, Saint John Water has established a Memorandum of Understanding (MOU) so that the bilingual fee can be recovered or partly recovered. See the attachment to this report. The MOU describes an agreement between the City of Saint John and American Conservation & Billing Solutions Inc. in which the City can recover some of its costs if other Canadian utilities deploy the AquaHawk software. The City will receive a credit in the amount of 15% of the setup and annual fees collected from any referred Canadian utility for as long as the customer is active and paying up to the point where there is no cost to the Saint John Water Utility — a win-win solution. The total year one time cost for the setup, integration and usage of the AquaHawk software is $24,280.00 US (approx. $31,502 Canadian as of July 4th, 2017). The total yearly cost for any subsequent years shall be the sum of the monthly usage fees of $630.00 US totaling $7,560.00 US per year (approx. K&I $9,808 Canadian as of July 4th, 2017). Any credits received through the MOU will reduce the amount payable by Saint John Water. Funding is available in the 2017 Utility Fund Operating Budget for purchase of the AquaHawk customer portal software. The cost to acquire the AquaHawk software is within the project's budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Staff from Purchasing, Legal, Finance, and Information Technology have been consulted and they have provided input on this report. Legal staff has thoroughly reviewed and revised both the Software -As -A -Service Managed Services Agreement and the Memorandum of Understanding attached to this report. The process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. ATTAC H M E NTS 1. Software -As -A -Service Managed Services Agreement 2. Memorandum of Understanding 3. Presentation P�7-1 Memorandum of Understanding: City of Saint John and American Conservation & Billin I I I g Solutions, Inc. 6. .1 Page I I Todd A. Brehe • AmCoBi PO Box 51356 - Colorado Springs, CO 80949, USA T. 719.694.1979 • F. 719.599.4057 • www.AquaHawk.com 257 AquiaHawk,,(""'�,,,,,.,IIII, June 12, 2017 Mr. Pierre Leblanc City of Saint John P.O. Box 1971 Saint John, NB E2L 41_1 CANADA Dear Mr. Leblanc - American Conservation & Billing Solutions, Inc, (AmCoBi) is looking forward to establishing a referral relationship with City of Saint John to recommend AquaHawk, a customer portal solution for municipal utility providers. The following is a Memorandum of Understanding (MoU) outlining expectations and responsibilities for each organization, and financial terms. Regards, Todd A. Brehe American Conservation & Billing Solutions, Inc. Mobile: (719) 321-3444 E-mail: Todd @AmCoBi.com Page 1 2 Todd A. Brehe • ArnCoBi PO Box 51356 Coiorado Springs, CO 80949, USA T. 719,694,1979 - F. 719.599,4057 • www,AquaHawk,corn 258 AquaHawk AquaHawk AquaHawk is a customer portal solution for municipal utilities that use AIVII/AIVIR systems. The solution helps providers improve customer engagement and client satisfaction. With Aqua Hawk utilities' customers can: • Register and access their online acrount(s) ° View their current and historical usage imgraphical format ° See notes that have been entered by the provider ° Receive notification when potential leaks are detected ° See an estimate of their bill during the billing cycle ° Set abilling and usage threshold and benotified if they are trending to, orhave exceeded their budget and more. AmCoBi is committed to delivering the following capabilities: AWeb portal solution that can beconfigured for individual utilities Asystem that will behosted and maintained atAmCoBi'yselected secure clatacemter provider. System maintenance, backups, and other support functions will be performed hyAm[oBi AmCoBi will perform the initial upload of utility customer data and manage recurring updates. " Search for and view all customer profiles inthe system ° Edit customer profile information , Enter notes omcustomer accounts ° Send notifications ~ Create and manage alerts ~ View various reports and more, AmCoBiis proposing to enter into a referral relationship with City of Saint John to recommend the AquaHawk application to other utilities in Canada, Am,CoB�i Deliverables As part of this agreement, AmCol3i will provide the following: Sales 8&Marketing Support ~ AmCo8iwviU provide direct sales support tuthe City ofSaint John ~ AmCol3i may participate in onsite sales demonstrations for qualified opportunities. Otherwise, Web conferencing tools will beused for product demonstrations ~ Provide marketing and promotional support to include: Page � 3 - Todd «o �hc° Am[ogi AquaH awk�� / ~~ po Box 51356 ~ co|oradnsnrinns' co e094e. osx T, 719.694.1979 ~ F. 719.599.4057 ^ wmw.Aquaxawk.uum 259 - Productdatayheet White paper - Case studies and more. Product Training & Support AmCoBi will provide City of Saint John with: ° AquuHawktmimio0 ° ongoing technical support • A technical project manager. If the City mfSaint John is satisfied with the AquaHewkapplication and refers other Canadian utilities who deploy the system, AmCol3i will offer credits for the annual/monthly fees that the new client pays. These credits can be used to offset the monthly/annual AquaHawksubscription fees the that the City pays. The City will receive a credit in the amount of 15% of the setup and annual fees collected, For example, if the City refers AquaHawk to another Canadian utility with 10,000 meters, it will ~ Setup fee $10,000x.15=$1,500 ° Annual fee $15/000x.15=S2,350 The City will continue tereceive credits for the annual/monthly fees aolong asthe customer is active and paying. The credits may not exceed the price of the subscription that the City pays for its own AquaRavvksutmcription. Credits Credits will be calculated based on the actual fees coflected by AmCoBi. A report will be delivered detailing the account name, setup and monthly/annual fees collected, the date fees were paid, etc. Term of Agreement This agreement is in force until either City of Saint John or AmCoBi gives a ninety (90) day notice to terminate. if this agreement is terminated, credits will end as of the date of termination. Page |4 Todd A,mre|e^xmCoa poBox s1ssa~Colorado Springs, couO9n9 os4 T7z9694z97y~p7z9anp4os/~wwwanua*awxrnm autcsnrat'icahly renew for successive twelve (12) month terr'ns until strc'h time as either party gives the other a ninety X909 day written notice to terminate. If this a r°eernent is terminated, credits will end as of the date of terrnirration. Trrtt5 & Confidentiality City of Saint. Jahn and ArnCoBi agree that the information contained in this proposal is confidentral and proprietary. Both organizations agree that they will not disclose information in Ws MoU to any third party, City of Saint John and AnrCoi a shaR1 hold and maintain the cranWential information of the other Organization in strictest confidenr.e. Both r:argarrizatyori sfaaH t:.ar'efuliy restrict access to confidential information to employees, contractors and third pa!rties as is reasonably required and shall requ4e those persons to sign nondisc losurc, restrictions at least as protective as those in this proposal. City of Saint Johan and ArnCoBi shall not, without prior writtert approvaC of the Other organization, use for the organization's over benefit, puhalish, copy, or otherwise disclose to others, or permit'thE rise by others fcar ther beAwfit or to the detriment of the other organization, any confidential information. Nothing contained in this proposa9 shall be deemed to constitute either party a partner, .point venturer or employee of the other party for any purpose. This proposal and each company's obligations shall be binds ng on the representatives, assigns, and stac:cessors of ,srac:h organization. Each organizatlon has signed this Memorar'aclurn cif Understanding through its atrthorized representatives! City of Saint John American Conservation & Billing Solutions, Inc. r� r Ab)�V' Lee, Present Common Corancd Resoa ut on late eo gr- � ryfid, �Jrr A. �r�lee r�rrrt�'rarr 1 Pn C x ii3sc. - C:Cv o'arkaa ;�?'efi�pr,�, CO ratr?1q 6'w,ra _ T.7"r'a.an4..1.07ct .719V�t.405MwvvvvAquaHav,k,(xrr 261 a nnAmerican Cor'iservatk.:)ir°�& Billing Solutions AQUAHAWK "SOFTWARE -AS -A -SERVICE" MANAGED SERVICES AGREEMENT This agreement ("Agreement") is entered into, to be effective as of 2017 ("Effective Date"), by and between City of Saint John, Canada located at: P.O. Box 1971, Saint John, NB E21_ 41-1, CANADA ("Customer"), and American Conservation & Billing Solutions, Inc. (AmCoBi) located at P.O. Box 51356, Colorado Springs, CO, 80949, USA ("Service Provider'). RECITALS WHEREAS, Customer requires hosted third -party "software -as -a -service" (the "Services," as further described herein) with respect to certain of its information technology needs; WHEREAS, Service Provider has experience and expertise in the business of providing the Services; WHEREAS, based on Service Provider's knowledge and experience relating to such Services, Customer has selected Service Provider to manage and provide the Services; WHEREAS, Service Provider wishes to perform the Services and acknowledges that the successful performance of the Services and that the security and availability of Customer's data ("Customer Data," as further described herein) are critical to the operation of Customer's business; and, WHEREAS, Service Provider has agreed to provide the Services to Customer, all on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and representations set forth in this Agreement, the parties hereby agree as follows: The Services, 1.1 Purpose, Term. This Agreement sets forth the terms and conditions Linder which Service Provider agrees to license certain hosted "software -as -a -service" and provide all other services, data import / export, monitoring, support, backup and recovery, change management, technology upgrades, and training necessary for Customer's productive use of such software (the "Services"), as further set forth on Exhibit A (sequentially numbered) attached hereto. The Agreement and each Exhibit A shall remain in effect unless terminated as provided herein. 1.1,1 Authorized Users. Unless otherwise limited on an Exhibit A, Customer and any of its employees, agents, contractors, or suppliers of services that have a need to use the Services for the benefit of Customer shall have the right to operate and use the same, As a part of the Service, Service Provider shall be responsible for all user identification and password change management. 1,2 Control of Services. The method and means of providing the Services shall be under the exclusive control, management, and supervision of Service Provider, giving due consideration to the requests of Customer. 1.3 Time of Service Provider Performance of Services. For the term of the applicable Exhibit A, as the same may be amended, Service Provider shall provide the Services during the applicable Service Windows and in accordance with the applicable Service Levels, each as described in an Exhibit A, time being of the essence. 1.4 Backup and Recovery of Customer Data. As a part of the Services, Service Provider is responsible for maintaining a backup of Customer Data, for an orderly and timely recovery of such data in the event that the Services may be interrupted. Unless otherwise described in an Exhibit A, Service Provider shall maintain a contemporaneous backup of Customer Data that can be recovered within forty-eight (48) hours at any point in time. Additionally, Service Provider shall store a backup of Customer Data in an off-site "hardened" facility no less than weekly, maintaining the security of Customer Data, the security requirements of which are further described herein. P 2011-2017 AmCoBj. All Rights Reserved. Proprietary & Confidential KIM wt Solutions OPm 1.5 Non-exclusivity. Nothing herein shall be deemed to preclude Customer from retaining the services of other persons or entities undertaking the same or similar functions as those undertaken by Service Provider hereunder. 1,6 Change Control Procedure. Customer may, upon written notice, request increases or decreases to the scope of the Services under an Exhibit A. If Customer requests an increase in the scope, Customer shall notify Service Provider, and, not more than five (5) business days (or other mutually agreed upon period) after receiving the request, Service Provider shall notify Customer whether or not the change has an associated cost impact. If Customer approves, Customer shall issue a change control, which will be executed by the Service Provider. Customer shall have the right to decrease the scope of services and the fee for an Exhibit A will be reduced accordingly. 2. Term and Termination. 2,1 Term, Unless this Agreement or an Exhibit A is terminated earlier in accordance with the terms set forth in this Section, the term of an Exhibit A (the "'Initial Term") shall commence on the Effective Date and continue for twelve (12) months thereafter. Following the Initial Term, an Exhibit A shall automatically renew for successive one-year terms (each, a "Renewal Term") until such time as Customer provides Service Provider with written notice of termination; provided, however, that: (a) such notice be given no fewer than thirty (30) calendar days prior to the last day of the then -current term: and, (b) any such termination shall be effective as of the date that would have been the first day of the next Renewal Term. "Term" shall collectively mean and include the Agreement terms represented by the Initial Term and the Renewal Term. 21 Termination for Cause. If either party materially breaches any of its duties or obligations hereunder, including two periods of successive failure of Service Provider to meet a Service Level, and such breach is not cured, or the breaching party is not diligently pursuing a cure to the non -breaching party's sole satisfaction, within thirty (30) calendar days after written notice of the breach, then the non -breaching party may terminate this Agreement or an Exhibit A for cause as of a date specified in such notice. 2.3 Payments Upon Termination. Upon the expiration or termination of this Agreement or an Exhibit A for any reason, Customer shall pay to Service Provider all undisputed amounts due and payable hereunder. 2A Return of Materials, Upon expiration or earlier termination of this Agreement or an Exhibit A, each party shall: (a) promptly return to the other party, or certify the destruction of any of the following of the other party held in connection with the performance of this Agreement or the Services: (i) all Confidential Information; and, (4) any other data, programs, and, materials; and, (b) return to the other party, or permit the other party to remove, any properties of the other party then situated on such party's premises. In the case of Customer Data, Service Provider shall, immediately upon termination of this Agreement or an Exhibit A, shall provide Customer with a final export of the Customer Data and shall certify the destruction of any Customer Data within the possession of Service Provider. The parties agree to work in good faith to execute the foregoing in a timely and efficient manner, This Section shall survive the termination of this Agreement. 3. Termination Assistance Services. Provided that this Agreement or an Exhibit A has not been terminated by Service Provider due to Customer's failure to pay any undisputed amount due Service Provider, Service Provider will provide to Customer and / or to the supplier selected by Customer (such supplier shall be known as the "Successor Service Provider"), at Customer's sole cost and expense, assistance reasonably requested by Customer in order to effect the orderly transition of the applicable Services, in whole or in part, to Customer or to Successor Service Provider (such assistance shall be known as the "Termination Assistance Services) during the ninety (90) calendar day period prior to, and / or following, the expiration or termination of this Agreement or an Exhibit A in whole or in part (such period shall be known as the "Termination Assistance Period"). Provided that Service Provider and Customer agree as to price and scope of Service Provider's provisioning of Termination Assistance Services, such Termination Assistance Services may include, 3.1 Developing a plan for the orderly transition of the terminated or expired Services from Service Provider to Customer or the Successor Service Provider; 3.2 Providing reasonable training to Customer staff or the Successor Service Provider in the performance of the Services then being performed by Service Provider; 3.3 Using commercially reasonable efforts to assist Customer, at Customer's sole cost and expense, in acquiring any necessary rights to legally and physically access and use any third -party technologies and documentation then being used by Service Provider in connection with the Services; @ 2011-2017 AmCoBi, All Rights Reserved. Proprietary & ConfidentW rvador-,, &Billing So utions American Cmr'ise I 3.4 Using commercially reasonable efforts to make available to Customer, pursuant to mutually agreeable terms and conditions, any third-party services then being used by Service Provider in connection with the Services; and, 3.5 Such other activities upon which the parties may agree. 3.6 The provisions of this Section shall survive the termination of this Agreement. 4, Services Levels. 4,1 Service Levels Reviews, Service Provider and Customer will meet as often as shall be reasonably requested by Customer, but no more than monthly, to review the performance of Service Provider as it relates to the Service Levels further described in Exhibit A. 4.2 Failure to Meet Service Levels, As further described in Exhibit A, in the event Service Provider does not meet any of the requisite Service Levels, Service Provider shall: (a) reduce the applicable monthly invoice to Customer by the amount of the applicable Performance Credits as a credit, and not as liquidated damages; and, (b) use its best efforts to ensure that any unmet Service Level is subsequently met. Notwithstanding the foregoing, Service Provider will use commercially reasonable efforts to minimize the impact or duration of any outage, interruption, or degradation of Service. 5. Fees and Expenses, Customer shall be responsible for and shall pay to Service Provider the fees as further described in Exhibit A, subject to the terms and conditions contained therein. Any sum due Service Provider for Services performed for which payment is not otherwise specified shall be due and payable thirty (30) days after receipt by Customer of an invoice from Service Provider 5.1 Billing Procedures. Unless otherwise provided for under an Exhibit A, Service Provider shall bill to Customer the sums due pursuant to an Exhibit A by Service Provider's invoice, which shall contain: (a) Customer purchase order number, if any, and invoice number; (b) description of Services rendered; (c) the Services fee or portion thereof that is due; (d); taxes, if any; and, (e) total amount due, Service Provider shall forward invoices in hardcopy format to: Pierre Leblanc at the: City of St. John, P.O. Box 1971, Saint John NB E2L 41-1, CANADA. 5.2 Credits. Any amounts due from Service Provider may be applied by Customer against any fees due to Service Provider. Any such amounts that are not so applied shall be paid to Customer by Service Provider within thirty (30) days following Customers request. 5,3 Taxes. Service Provider represents and warrants that it is a corporation for purposes of federal, state, and local employment taxes, Service Provider agrees that Customer is not responsible to collect or withhold any such taxes, including income tax withholding and social security contributions, for Service Provider. Any and all taxes, interest or penalties, including any federal, state, or local withholding or employment taxes, imposed, assessed, or levied as a result of this Agreement shall be paid or withheld by Service Provider. 6. Customer Resources and Service Provider Resources, In accordance with the terms set forth in Exhibit A, each party shall provide certain resources (Customer Resources and Service Provider Resources, as the case may be) to the other party as Customer and Service Provider may mutually deem necessary to perform the Services. 61 Service Provider Resources. In addition to any Service Provider Resources described in an Exhibit A, the Service Provider shall, at a minimum, provide all of the resources necessary to ensure that the Services continue uninterrupted, considering the applicable Service Windows and Service Levels, that Customer Data is secure to the standards and satisfaction of Customer, and provide for a reasonable response time for Customer's users of the Services. Where Service Provider fails to provide such minimal Service Provider Resources, Customer shall have the right to terminate this Agreement or the applicable Exhibit A, with thirty days (30) written notice, in whole or in part, without liability, 7. Representations and Warranties. 7.1 Mutual Representations and Warranties. Each of Customer and Service Provider represent and warrant that: 7.11 It is a business duly incorporated, validly existing, and in good standing under the laws of its state of incorporation; 7.1.2 It has all requisite corporate power, financial capacity, and authority to execute, deliver, and perform its obligations under this Agreement-, 0 2011-2017 AmCoBi. All Rights Reserved. Proprietary & Confidential ~~ A00��^��K�K~��tiKDK��[�'�K`��o�oKK�t~o8�s � ~~^ ~ � 7.13 This Agreement, when executed and deUvored, shall be a valid and binding obligation of it enforceable in accordance with its terms; 7.1.4 The execubon, doQvery, and performance of this Agreement has been duly authorized it and this Agreement constitutes the legu|, wa|id, and binding agreement ufitand is enforceable against it in accordance with its usnna, except as the enforceability thereof may be limited by bankruptoy, insolvency, reorganizations, moratoriums, and similar |ewo affecting creditors' rights generally and bygeneral equitable principles; 7.1�5 It shall comply with all mpp|ivah|m federal, uCete^ |ucm|, orother laws and regulations applicable to the performance by itofits obligations under this Agreement and ahmN obtain all applicable permits and licenses required of it in connection with its obligations under this Agnaenoont� and. 72 By Service Provider, Service Provider represents and warrants that 7.2.1 Service Provider ispossessed ofextensive knowledge with respect hothe Services; 722 Service Provider knows the particular purpose for which the Services are required; 723 The Smmimsa No be performed under this Agreement shall be padbnned in a competent and professional manner and in accordance with the highest professional standards; 7.2.4 Service Provider has the experience and is quaUified to perform the tasks involved with providing the Services in an efficient and timely manner. Service Provider acknowledges that Customer is relying on Service Provider's representation of its experience and experhae, and that any substantial misrepresentation may result indamage toCustomec 7.Z5 Service Provider will use its best efforts to ensure that no computer viruses, mm|wmne, or similar items (collectively, the "Virus") are introduced into Customer's computer and network environment while performing the Services, 7�26 The Services and any other work performed by Service Provider hereunder shall he its own work, and shall not infringe upon any United States or foreign copyright, patent, Trade Secret, or other proprietary right, or misappropriate any Trade Secret, of any third party, and that it has neither assigned nor otherwise entered into an agreement bywhich it purports to assign or transfer any right, fide, or interest to any technology or intellectual property right that would conflict with its obligations under this Agreement, 8. The parties acknowledge that each party may beexposed to or acquire communication or data of the other party that is confidential, privileged communication not intended to be disclosed to third parties. 81 Meaning of Confidential Information. For the purposes of this Agreement, the term "Confidential Information" shall mean all information and documentation of party that: (a) has been marked "confidential" or with words of similar meening, at the time of disclosure by suchentity; (b) if dimdmood orally or not marked .,confidential" orwith words ofsimilar meaning, was subsequently summarized in writing bythe disclosing entity and marked ~cmn0demdmr or with words of similar meaning; (c) with respect to information and documentation of Customer, whether marked "Confidential" or not, consists ofCustomer information and documentation included within any of the following categories: (i) policyholder, payroll account, agont, oustomer, supplier, or contractor lists: <|V policyholder, payroll account, oQent, uumtnmer, supplier, or contractor information; (iii) information regarding business plana and tactical) (including performance); (k) information regarding adminimtraiwo, hnoncia|, or marketing activities; (v) pricing information; (vi) personnel information; (vii) products end/or and services offerings (including specifications and dssigno)� or, (viii) processes (e.g., technical, |oQist|oo|, and engineering); or. (d) any ConfidentialInformation derived frinformationominformation of pmrty, The 1emn "Confidential Information"does not include any information or documentation that was-, (e) already in the possession of the receiving entity without an obligation of confidentiality; (b) developed independently by the receiving entity, as demonstrated by the receiving entity, without violating the d|uc|om|nQ entity's proprietary rights; (c) obtained from a source other than the disclosing entity without an obligation of confidentiality� or, (d) publidy available when nemaivod, or thereafter became publicly available (other than through any unauthorized disclosure by, through uronbehalf of, the receiving enUty). 82 Obligation of Confidentialily. Subject taapplicable Righttn|nfonnmtionLegis|ation.thepartioeagreatohu|d all Confidential |nhomnodon in strict confidence and not to oopy, repmdoue, se||, tmnohar, or otherwise dispose of, give or disclose such Confidential Information to third parties other than employees, mgents, or subcontractors of a party who have a need to know in connection with this Agreement or to use such 02011-201Amcvm.Ali Rights Reserved. Proprietary uConfidential NOW 4 American ("", o� n se� c), �Billing Solutions 60, (a, % % Confidential Information for any purposes whatsoever other than the performance of this Agreement. The parties agree to advise and require their respective employees, agents, and subcontractors of their obligations to keep such information confidential. 8.3 Cooperation to Prevent Disclosure of Confidential Information. Each party shall use its best efforts to assist the other party in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limitation of the foregoing, each party shall advise the other party immediately in the event either party learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Agreement and each party will cooperate with the other party in seeking injunctive or other equitable relief against any such person, 8.4 Remedies for Breach of Obligation of Confident!alit Service Provider acknowledges that breach of Service Provider's obligation of confidentiality may give rise to irreparable injury to Customer and the customers of Customer, which damage may be inadequately compensable in the form of monetary damages. Accordingly, Customer may seek termination with thirty (30) days written notice, without penalty to Customer, of this Agreement in whole or in part, 8,5 The provisions of this Section shall survive the termination of this Agreement. Proprietary Rights. 9.1 Pre-existing Materials, Customer acknowledges that, in the course of performing the Services, Service Provider may use software and related processes, instructions, methods, and techniques that have been previously developed by Service Provider (collectively, the "Pre-existing Materials") and that same shall remain the sole and exclusive property of Service Provider. 9.2 Data of Customer. Customer's information, or any derivatives thereof, contained in any Service Provider repository (the "Customer Data," which shall also be known and treated by Service Provider as Confidential Information) shall be and remain the sole and exclusive property of Customer. Customer shall be entitled to an export of Customer Data, without charge, upon the request of Customer and upon termination of this Agreement. Service Provider is provided a license to Customer Data hereunder for the sole and exclusive purpose of providing the Services, including a license to store, record, transmit, maintain, and display Customer Data only to the extent necessary in the provisioning of the Services. 9.3 No License. Except as expressly set forth herein, no license is granted by either party to the other with respect to the Confidential Information, Pre-existing Materials, or Customer Data. Nothing in this Agreement shall be construed to grant to either party any ownership or other interest, in the Confidential Information, Pre-existing Materials, or Customer Data, except as may be provided under a license specifically applicable to such Confidential Information, Pre-existing Materials, or Customer Data. 9.4 The provisions of this Section shall survive the termination of this Agreement 10. Information Security. Service Provider acknowledges that Customer may have implemented an information security program (the Customer Information Security Program) to protect Customer's information assets, such information assets as further defined and classified in the Customer Information Security Program (collectively, the "Protected Data"). Where Service Provider has access to the Protected Data, Service Provider acknowledges and agrees to the following. 10.1 Undertaking by Service Provider. Without limiting Service Provider's obligation of confidentiality as further described herein, Service Provider shall be responsible for establishing and maintaining an information security program that is designed to: (i) ensure the security and confidentiality of the Protected Data; (ii) protect against any anticipated threats or hazards to the security or integrity of the Protected Data; (iii) protect against unauthorized access to or use of the Protected Data; (iv) ensure the proper disposal of Protected Data; and, (v) ensure that all subcontractors of Service Provider, if any, comply with all of the foregoing, In no case shall the safeguards of Service Provider's information security program be less stringent than the information security safeguards used by the Customer Information Security Program as provided by Customer to Service Provider for this purpose. The Customer Information Security Program is Confidential Information of Customer. 102 Right of Audit by, Customer. Customer shall have the right to review Service Provider's information security program prior to the commencement of Services and from time to time during the term of this Agreement. During the performance of the Services, on an ongoing basis from time to time and without notice, Customer, at its own expense, shall be entitled to perform, or to have performed, an on-site audit of Service Provider's information security program. In lieu of an on-site audit, upon request by Customer, Service @ 2011-2017 AmCoBi. All Rights Reserved. Proprietary & Confidential PUT -1 M American C �sewador Er Billing Solutions Provider agrees to complete, within forty-five (45 days) of receipt, an audit questionnaire provided by Customer regarding Service Provider's information security program, 11. Proprietary Rights Indemnification. Service Provider agrees to indemnify, defend, and hold Customer Indemnitees harmless from and against any and all Claims, including reasonable attorneys' fees, costs, and expenses incidental thereto, which may be suffered by, accrued against, charged to, or recoverable from any Customer Indemnitee, arising out of a claim that the Services infringes or misappropriates any United States or foreign patent, copyright, trade secret, trademark, or other proprietary right, In the event that Service Provider is enjoined from delivering either preliminary or permanently, or continuing to license to Customer, the Services and such injunction is not dissolved within thirty (30) days, or in the event that Customer is adjudged, in any final order of a court of competent jurisdiction from which no appeal is taken, to have infringed upon or misappropriated any patent, copyright, trade secret, trademark, or other proprietary right in the use of the Services, then Service Provider shall, at its expense: (a) obtain for Customer the right to continue using such Services; (b) replace or modify such Services so that it does not infringe upon or misappropriate such proprietary right and is free to be delivered to and used by Customer,- or, (c) in the event that Service Provider is unable or determines, in its reasonable judgment, that it is commercially unreasonable to do either of the aforementioned, Service Provider shall reimburse to Customer the full cost associated with Termination Assistance Services. 12, Limitation of Liability. NOTWITHSTANDING ANY OTHER PROVISION SET FORTH HEREIN, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, AND/OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT: PROVIDED, HOWEVER, THAT THE FOREGOING EXCULPATION OF LIABILITY SHALL NOT APPLY WITH RESPECT TO DAMAGES INCURRED AS A RESULT OF THE GROSS NEGLIGENCE OR WILFULL MISCONDUCT OF A PARTY. A PARTY SHALL BE LIABLE TO THE OTHER FOR ANY DIRECT DAMAGES ARISING OUT OF OR RELATING TO ITS PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT THE LIABILITY OF A PARTY, WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, EQUITY, NEGLIGENCE, TORT, OR OTHERWISE FOR ALL EVENTS, ACTS, OR OMISSIONS UNDER THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID OR PAYABLE UNDER THIS AGREEMENT, AND PROVIDED, FURTHER, THAT THE FOREGOING LIMITATION SHALL NOT APPLY TO: (A) DAMAGES CAUSED BY A PARTY'S GROSS NEGLIGENCE OR WILFULL MISCONDUCT; OR, (B) A PARTY'S BREACH OF ITS OBLIGATIONS OF CONFIDENTIALITY, AS FURTHER DESCRIBED IN THIS AGREEMENT. This Section shall survive the termination of this Agreement. 13. General. 13.1 Relationship between Customer and Service Provider, Service Provider represents and warrants that it is an independent corporation with no authority to contract for Customer or in any way to bind or to commit Customer to any agreement of any kind or to assume any liabilities of any nature in the name of or on behalf of Customer. Under no clircurnstances shall Service Provider, or any of its staff, if any, hold itself out as or be considered an agent employee, joint venture, or partner of Customer, In recognition of Service Provider's status as an independent corporation, Customer shall carry no Workers' Compensation insurance or any health or accident insurance to cover Service Provider or Service Providers agents or staff, if any. Customer shall not pay any contributions to Social Security, unemployment insurance, federal or state withholding taxes, any other applicable taxes whether federal, state, or local, nor provide any other contributions or benefits which might be expected in an employer-employee relationship. Neither Service Provider nor its staff, if any, shall be eligible for, participate in, or accrue any direct or indirect benefit under any other compensation, benefit, or pension plan of Customer. 13.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of New Brunswick, Canada, Service Provider hereby consents and submits to the jurisdiction and forum of the courts in New Brunswick, Canada in all questions and controversies arising out of this Agreement. 13.3 Dispute Resolution. In the event of any dispute or disagreement between the parties with respect to the interpretation of any provision of this Agreement, or with respect to the performance of either party hereunder, Customer and Service Provider will meet for the purpose of resolving the dispute. If the parties are unable to resolve the dispute within five (5) working days, or as otherwise agreed, either party may then seek whatever remedy is available in law or in equity. The provisions of this Section will not apply to any dispute relating to the parties' obligations of non -disclosure and confidentiality as further described herein. 13.4 Compliance With Laws Customer Policies and Procedures. Both parties agree to comply with all applicable federal, state, and local laws, executive orders and regulations issued, where applicable, Service Provider shall comply with Customer policies and procedures where the same are posted, conveyed, or otherwise made available to Service Provider. Without limiting Service Provider's other obligations of indemnification herein, Service Provider shall defend, indemnify, and hold Customer Indemnitees harmless from and against any and all Claims, including reasonable expenses suffered by, accrued against, or charged to or * 2011-2017 AmCoBi. All Rights Reserved. ProprBetary & Confidential KIM el, Z %6 " American opr'i se c") r,,', & Billing Solutions ex, recoverable from any Customer Indemnitee, on account of the failure of Service Provider to perform its obligations imposed herein. 13,5 Cooperation, Where agreement, approval, acceptance, consent or similar action by either party hereto is required by any provision of this Agreement, such action shall not be unreasonably delayed or withheld. Each party will cooperate with the other by, among other things, making available, as reasonably requested by the other, management decisions, information, approvals, and acceptances in order that each party may properly accomplish its obligations and responsibilities hereunder. Service Provider will cooperate with any Customer supplier performing services, and all parties supplying hardware, software, communication services, and other services and products to Customer, including, without limitation, the Successor Service Provider, Service Provider agrees to cooperate with such suppliers, and shall not commit or permit any act which may interfere with the performance of services by any such supplier. 13.6 Force Maleure. Neither party shall be liable for delays or any failure to perform the Services or this Agreement due to causes beyond its reasonable control. Such delays include, but are not limited to, fire, explosion, flood or other natural catastrophe, governmental legislation, acts, orders, or regulation, strikes or labor difficulties, to the extent not occasioned by the fault or negligence of the delayed party, Any such excuse for delay shall last only as long as the event remains beyond the reasonable control of the delayed party. However, the delayed party shall use its best efforts to minimize the delays caused by any such event beyond its reasonable control. Where Service Provider fails to use its best efforts to minimize such delays, the delays shall be included in the determination of Service Level achievement. The delayed party must notify the other party promptly upon the occurrence of any such event, or performance by the delayed party will not be considered excused pursuant to this Section, and inform the other party of its plans to resume performance. A force majeure event does not excuse Service Provider from providing Services and fulfilling its responsibilities relating to the requirements of backup and recovery of Customer Data. Configuration changes, other changes, viruses I malware, or other errors or omissions introduced, or permitted to be introduced, by Service Provider that result in an outage or inability for Customer to use the Services shall not constitute a force majeure event. 13.7 No Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect that party's right to enforce such provisions, nor shall the waiver by either party of any breach of any provision of this Agreement be taken or held to be a waiver of any further breach of the same provision. 13.8 Notices. Any notice given pursuant to this Agreement shall be in writing and shall be given by personal service or by United States certified mail, return receipt requested, postage prepaid to the addresses appearing at the end of this Agreement, or as changed through written notice to the other party. Notice given by personal service shall be deemed effective on the date it is delivered to the addressee, and notice mailed shall be deemed effective on the third day following its placement in the mail addressed to the addressee, 13.9 Assignment of Agreement. This Agreement and the obligations of Service Provider hereunder may be assigned in connection with a sale of Service Provider's assets or stock or through merger, an insolvency proceeding or otherwise, with prior written notice to the Customer, 13.10 Counterparts: Facsimile. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement, The parties agree that a facsimile signature may substitute for and have the same legal effect as the original signature. 13.11 Entire Agreement. This Agreement and its attached exhibits constitute the entire agreement between the parties and supersede any and all previous representations, understandings, or agreements between Customer and Service Provider as to the subject matter hereof. This Agreement may only be amended by an instrument in writing signed by the parties. 13.12 Cumulative Remedies, All rights and remedies of Customer herein shall be in addition to all other rights and remedies available at law or in equity, including, without limitation, specific performance against Service Provider for the enforcement of this Agreement, and temporary and permanent injunctive relief. @ 2011-2017 ArnCoBi. All Rights Reserved. Proprietary & Confidential MI -1-13 Arr"tericarvI,.' onseivati 1 6, Bffling Solutions Fxecuted on the dates set forth below by the undersigned authorized representative of Customer and Service Provider to he effective as of the Effective Date, CITY OF ST,, JOHN:, CANADA AMERICAN CONSERVATdON & BILLING SOLUTIONS, INC. (CUSTOMER) (SERVICE PROVIDER) wv By:_ By: Name: Title: Mayor Date: By: Name: Title: Clerk Date: Address for Notice: Nai7,ie: M. Bobby Lee Title: President L-)12 I 7— Address for Notice: PO Box, d1356 Coorado Springs, CO 809,49 USA r3c 20112017 AmCogi, AH Rip Reserved. Proprietary & Confidential 8 K-16.1 Americ"an & Biffing Sdutions Aa EXHIBIT A AquaH@wk - Software-as-a-Seirvice Statement of Managed Services This Exhibit A - Service Provider's Software -as -a, Service Statement of Work shalt be incorporated in and governed by the teirris of that certain Master Professional Services Agreement by and between City of St. John, CANADA ('Customer") and American Conservation & Billing Solutions, Inc. (AmCoBi) ('Service Provider) dated 2017 as amended (the "Agreement"). Unless expressly provided for in this Exhibit A, in the event of a conflict between flie provisions contained in the Agreement and those contained in ths Exhlbil A, the pro visions contained in the Agreernent shall prevail. Services Description: Aqual-lawk for v8,6 - A customer portaV solution for utilities j Support Description- CLlstomer Support 08 telephone and e-n-iad is included for utility employees, Training Descriptiom Online training for Ul.1 to five (5) utility employees is included, Backup Requirements: Data will be managed and backed up at AmCoBi's cloud -based hosting provider Executed on the dates set forth below by the undersigned authorized representative of Customer and Service Provider to be effective as of the Start Date. CITY OF ST. JOHN, CANADA AMERICAN CONSERVATION & BILLING SOLUTIONS, (CUSTOMER)(SERVICE PROVIDER) By: By Marne: Nanrie: M. Bobby Lee Mayor 'rhle: President Date:Date: By: Name: Clerk Date: 'J 2011-ZO17 AnICO&, All Rights Reserved. Propriptary & Confidentjaj PAN91 Standard service levels apply, AmCoBi wili use _co' rant 'r'ci_ai' ly reasonable efforts to Service Levels: Make Aqi,4iHawk available witty a monthly uptime Percentage of at least 99 5% Should iSSUeS I OCCUr, AmCoBi will work diligently and expedieni1y to correct there so . ..... as not to_9,eqaqv�ly impact the City's custorner base Customer Resources: City of St. 'john will provide first level AquaHawk support to its custerners. Service Provider Resources: CUqtomeR support via telephone and e-mati is included for uldity employees Number of Accounts: . . . .......... Not to exceed 3,300, "i ___ - I - - .__, Setup fee (onefiine) - $7,500 MUltilanguage support custornizatior, (one-time) - $11,500 Services Fees or Rate: CMEP export repoil to transfer Usage data from the City -hosted Serisus Fell (one, tirne) - $1,500 Monthly fee - $630 Priges t� Start Date: ...... .... July 3, 2017 Launch - the production site End Date: .... . ... . ... .... July 2, 2018, Contract Will renew ril.itornatically unless the City of SI John notifies AmCoBi of its Intent to terminate prior to June 2, 2018, . . ... . . ....... ----------- -- --------- Executed on the dates set forth below by the undersigned authorized representative of Customer and Service Provider to be effective as of the Start Date. CITY OF ST. JOHN, CANADA AMERICAN CONSERVATION & BILLING SOLUTIONS, (CUSTOMER)(SERVICE PROVIDER) By: By Marne: Nanrie: M. Bobby Lee Mayor 'rhle: President Date:Date: By: Name: Clerk Date: 'J 2011-ZO17 AnICO&, All Rights Reserved. Propriptary & Confidentjaj PAN91 0 ct Ct a ammmm 4ma + C� ct P--4 ct ct 4ma (u ct em) ct ct cr 0 T. 4ma our (0: 8 ME mom py .1. 1—j % D qmmmmmmmm 0 cut wi Q (W cr old MM el a) + < 00 W by U Of o V? X all 0.0 Or I M 0 '05-0 L 41i 91 L0J m m E k,iml,ill On, un t TZ > j '0 :,p � OD d OD CN 76 'o 0 C 0 . . . . . . . . . .. . . . . . 0" ........... (Ij Ca 111.7 I (',AV a VIII 6F rl .......... . ............ 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CL CL UA VG 11 R 7 5 a w 4 16 .......... ........................................ hl hl hl 10 51-11"1 1 - 0 1 1 W -21 1 E! 01 Oi V 01 ..................................................................... 0. 0. 0. 0. .C 0 0 m m m m m m M. 8. M. m CO V Ref cn. KY. Lfl; L4 cn. C4. . . cn: W N Ni ro- lei 1-01. a. �mQL - 11-0,1 &1 01 Ci 't, LL. u). 0. 0: Kn. 0. F- ................. ................... ........... ...... I ©� oa7&» COUNCIL REPORT M&C No. 2017-177 Report Date June 15, 2017 Meeting Date July 10, 2017 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Fleet Replacement Procurement —July 2017 OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Finance Committee Chair Ian Fagan Kevin Fudge Jeff Trail RECOMMENDATION It is recommended that Common Council award the tenders and proposals as follows: 1) Six (6) half -ton four-wheel-drive extended cab pickup trucks at a total cost of $201,644.00 plus HST to Dobson Chrysler Dodge Jeep; 2) Four (4) one -ton four-wheel-drive crew cab pickup trucks at a total cost of $272,552.00 plus HST to Downey Ford Sales Ltd.; 3) Two (2) tandem dump trucks at a total cost of $321,784.00 plus HST to East Coast International Trucks Inc.; and 4) One (1) compact loader at a total cost of $91,126.00 plus HST to Atlantic Tractors and Equipment Ltd. EXECUTIVE SUMMARY The City manages a fleet of over 350 vehicles and equipment and each year, the City's Fleet Management Division works with various City departments to identify and replace vehicles which have reached the end of their useful service lives. The purpose of this report is to make recommendations to award the latest tendered vehicles which require Common Council approval. These purchases are planned replacements of existing fleet equipment, approved in the 2017 capital budget. The funds specifically are provided for in the fleet replacement reserve with no requirement for new debt. The City currently has over 100 vehicles past their optimal replacement point and this year, 35 vehicles (some of which are the least reliable and most Pi t,11 -2 - expensive to maintain) will be replaced through the City's procurement processes. Also 10 sedans are being eliminated as a result of the implementation of the Continuous Improvement project relating to the City's new pooled vehicles initiative. Over $140,000 has been removed from the operating budgets as a result of these initiatives. PREVIOUS RESOLUTION Not applicable. STRATEGIC ALIGNMENT Along with supporting Council's priority of Sustainable Infrastructure, the specifications for these purchases were completed in consultation with the cities of Moncton and Fredericton and will be used as we move towards a common specification for fleet between the three cities. Along with alignment of the vehicle specifications, the cities will move to a common purchase date to help decrease costs and increase efficiency. SERVICE AND FINANCIAL OUTCOMES The equipment is necessary in the delivery of quality services to the general public. The cost of maintaining fleet equipment rises as the vehicles age and not replacing vehicles when at the end of their useful life drives up maintenance cost. The equipment replacement will help free up more resources towards delivery of service and away from maintenance cost. The decision to not replace vehicles when due has elevated maintenance cost higher than necessary. This has resulted in significant downtime and less efficient delivery of services. These purchases are planned replacement of existing fleet equipment, approved in the 2017 capital budget. The funds specifically are provided for in the fleet reserve, with no requirement for new debt. The specifications allow for vendors to submit proposals of new and/or used equipment to be evaluated using common criteria. In this report, the compact loader and sweeper are examples of used equipment that also scored the highest in the evaluations of the submissions. Light Duty Pickup Trucks Transportation and Environment Services, Saint John Water, Leisure Services and Fleet Services currently operate multiple light-duty pickup trucks (half -ton, three -quarter -ton and one -ton models) which serve many purposes in their respective areas including, but not limited to, light plowing and sanding, equipment/tools and personnel transporting, towing, etc. Ten (10) existing light- duty pickup trucks are being replaced with this award recommendation. -3 - Tandem Dump Trucks (66,000 GVWR) The 66,000 GVWR dump trucks are used by Saint John Water to haul aggregate and other materials. Two (2) existing 66,000 GVWR dump trucks are being replaced with this award recommendation. Compact Loader The current piece of equipment is used by Transportation and Environment Services for general landscaping duties, plowing, ice removal from arenas and the loading of materials onto trucks. In accordance with the new Fleet Policy and its focus on the right -sizing of equipment, the new compact loader is replacing a tractor not meeting current needs and two other 1 -Ton trucks are being eliminated. The compact loader will complete the plowing duties of one of the 1 -Ton trucks and the service will be supplemented with a 1 -Ton seasonal rental as needed. Vacuum Sweeper Mechanical and vacuum sweepers are used by Transportation and Environment Services for the removal of debris from City streets during the spring months. The City currently operates two (2) sweepers. As detailed in this document, an RFP was issued to establish a source of supply of two (2) additional sweepers on a rental basis for the 2017 street sweeping season. The RFP contained a provision which allows for the purchase of one or both of the rental units following the 3 -month rental term. Given that one (1) city owned sweeper has reached the end of its useful life and was scheduled to be replaced this year, one (1) existing vacuum sweeper is being replaced with this award recommendation as the purchase option represents an excellent value to the City. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Materials Management facilitated four (4) separate publically advertised calls as follows: 1) Tender no. 2017-232001T for the supply of six (6) half -ton four-wheel- drive extended cab pickup trucks was issued on April 27, 2017 and closed on May 16, 2017 with the following submissions (excluding HST): COMPANY NAI1IfE TENIDERE© PRICE* Dobson Chrysler Dodge Jeep $201,644.00 Downey Ford Sales Ltd. $211,536.00 *Lot price, includes vehicles and required options W:i.1 -4- 2) Tender no. 2017-232002T for the supply of four (4) one -ton four-wheel- drive crew cab pickup trucks was issued on April 27, 2017 and closed on May 16, 2017 with the following submissions (excluding HST): C©MPANY'NAME TENDERED PRICE Downey Ford Sales Ltd. $68,138.00 Dobson Chrysler Dodge Jeep $69,348.00 3) Tender no. 2017-232004T for the supply of two (2) tandem dump trucks was issued on May 1, 2017 and closed on May 16, 2017 with the following submissions (excluding HST): C©MPANY'NAME TENDERED PRICE East Coast International Trucks Inc. $160,892.00 Universal Truck & Trailer $172,375.00 4) Request for Proposal (RFP) No. 2017-230501P for the supply of one (1) compact loader was issued on May 29, 2017 and closed on June 15, 2017 with the following submissions: C©MPANY'NAME Brandt Tractors Ltd. Atlantic Tractors and Equipment Ltd. Fort Equipment Maritime Case Ltd. MacFarland's Limited A review committee, consisting of staff from Materials Management, Fleet Management and Transportation and Environment Services reviewed the submissions for completeness and compliance with the RFP requirements and selection criteria consisting of the following: 1. Presentation and Quality of Proposal 2. Compliance with Specifications 3. Delivery Timeframe 4. Service Response Time 5. Cost Also in accordance with the City's standard procedures, the committee members evaluated and ranked each proposal based on the proposals' technical merits. Following this, the financial bids were opened and once a factor was established, these were added to the individual rankings. Atlantic Tractors and Equipment Ltd.'s proposal was selected as the best proposal based on an overall rating of the evaluation criteria offering a strong PIMA -5 - overall solution for the City at the lowest cost. 5) Request for Proposal (RFP) No. 2017-086401P for the rental of two (2) sweepers (with purchase options) was issued on February 8, 2017 and closed on March 2, 2017 with the following submission: C©MPANY'NAME MacFarlands Limited A review committee, consisting of staff from Materials Management, Fleet Management and Transportation and Environment Services reviewed the submission for completeness and compliance with the RFP requirements and selection criteria consisting of the following: 1. Presentation and Quality of Proposal 2. Compliance with Specifications 3. Delivery Timeframe 4. Service Response Time 5. Warranty 6. Cost Also in accordance with the City's standard procedures, the committee members evaluated and ranked the proposal based on the proposals' technical merits. Following this, the financial bid was opened and once a factor was established, these were added to the technical ranking. The proposal submitted by MacFarlands Limited met all the requirements set forth in the RFP at a cost acceptable to staff. Staff of Materials Management have reviewed all of the tenders and proposals and have found them to be complete and formal in every regard. Staff believes that in each case the recommended bidders have the necessary resources and expertise to supply the equipment, and recommend acceptance of their tenders and proposals. The above processes are in accordance with the City's Procurement Policy and Materials Management support the recommendations being put forth. ATTACHMENTS None 181:1:3 COUNCIL REPORT M&C No. M&C 2017- 191 Report Date July 04, 2017 Meeting Date July 10, 2017 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: 2016 Consolidated Financial Statements OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary AuthorCommissioner/Dept. Head City Manager Chair — Finance Committee Kevin Fudge Jeff Trail RECOMMENDATION It is recommended that Council approve the draft Consolidated Financial Statements and the Trust Fund Statements of the City of Saint John for the fiscal year ended December 31, 2016. EXECUTIVE SUMMARY The purpose of this report is to advise that your Finance Committee met on June 29, 2017 to review the draft Consolidated Financial Statements and the Trust Fund Statements of the City of Saint John for the year ended December 31, 2016. Deloitte has completed an audit of the above mentioned statements and has expressed a clean audit opinion. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT The report provides an update on the Economic Health of the City of Saint John. REPORT 2016 CONSOLIDATED FINANCIAL STATEMENTS The Commissioner of Municipal Affairs prescribes, pursuant to Section 8 of the Control of Municipalities Act, Chapter C-20 of the R.S.N.B. 1973, a revised Municipal Financial Reporting Manual to be applicable to municipalities in the -2 - Province of New Brunswick, according to which Financial statements should be prepared in accordance with Canadian Generally Accepted Accounting Principles for local governments as outlined in the Public Sector Accounting (PSA) Handbook starting January 1, 2012. Deloitte has completed an audit of the Consolidated Financial Statements of the City of Saint John for the Year ending December 31, 2016 and has expressed a clean audit opinion that the Consolidated Financial Statements present fairly, in all material respects, the consolidated financial position and results of operations of the City of Saint John. Under PSA standards, municipal reporting requirements include: 1. Consolidated Statement of Financial Position 2. Consolidated Statement of Operations and Accumulated Surplus 3. Consolidated Statement of Changes in Net Debt 4. Consolidated Statement of Cash Flows 5. Notes to the Consolidated Financial Statements There are 16 entities under the control of the City of Saint John (see note 2 to the Consolidated Financial Statements). 1. Consolidated Statement of Financial Position: Financial Assets: Assets are economic resources controlled by the organization as a result of past transactions or events and from which future economic benefits are expected to be obtained. Economic resources can be financial in nature (for example, cash, accounts receivable, investment); or non-financial in nature (for example, inventory, prepaid items, tangible capital assets). The City ended the year with financial assets totaling $114.38 Mil. This represents an increase of 32.58 % compared to prior year: • Cash and cash equivalents totaled $56.4 Mil, an increase of 95.4% from 2015. This was mainly due to an increase in reserves associated with the Safe, Clean Drinking Water project. • Accounts receivable totaled $11.7 Mil at the end of 2016 (2015: $15.9 Mil). Details of the accounts receivable can be found in Notes 5, 6 and 7 to the Consolidated Financial Statements. • Investment in Energy services represents the City's equity in Saint John Energy, which totaled $37.84 Mil at the end of 2016 (2015: $33.54 Mil); • Other investments consist mostly of Canada Games Foundation investments as well as other small investments (see Note 9 to the Consolidated Financial Statements). P4%I97 -3 - Non -Financial Assets: Tangible capital assets represent the net book value of all assets owned by the City of Saint John and its controlled entities. Asset historical costs totaled $1.49 billion, of which $588.78 Mil was amortized resulting in the asset net book value of $903.6 Mil at the end of 2016 (2015: $928.3 Mil). Of the $588.78 Mil accumulated amortization, $143.5 Mil was fully amortized which means these assets have passed their normal useful life expectancy. Note 20 to the Consolidated Financial Statements disclosed total assets by asset classes. The City's major asset categories are water and wastewater networks and transportation, which includes roads, sidewalks, storm sewer networks, traffic signals, etc. The City and its controlled entities own a significant number of buildings, which include the Market Square, Harbor Station, Aquatic Centre, Police headquarters, Transit building, etc. Financial Liabilities: Financial liabilities are present obligations of the organization to others arising from past transactions or events, the settlement of which is expected to result in the future sacrifice of economic benefits. At the end of 2016, financial liabilities totaled $364.5 Mil. This represents a decrease of 3.5% or $13 Mil compared to 2015: • Accounts payable and accrued liabilities totaled $24.2 Mil at the end of 2016 (2015: $29.5 Mil). Details of the accounts payable and accrued liabilities can be found in Note 10 to the Consolidated Financial Statements. • Post -employment benefits and compensated absences represent liabilities associated with the City's benefit programs including retirement allowances; sick leave; heart & lung pension; disability benefits; contractual top -up agreements; and the City of Saint John Shared Risk Plan ("CSJ SRP") based on actuarial valuations (see Note 13 to the Consolidated Financial Statements). • Long term debt includes debenture debt totaling $206.8 Mil at the end of 2016 (2015: $221.4 Mil) (see Note 12 to the Consolidated Financial Statements). P40.2 -4- 2. Consolidated Statement of Operations and Accumulated Surplus: This statement accounts for the operating revenues and expenditures of the City of Saint John and its controlled entities. The statement has been prepared in accordance with the Public Sector Accounting Standards; therefore it is different from the fund -based budget statement in that the expenditures include amortization of tangible capital assets rather than principal repayment. Revenues for the year ended December 31, 2016 totaled $218.78 Mil, which is 0.9% less than prior year (2015: $220.72 Mil). Expenses for the year totaled $202.80 Mil, which is 1.98% more than prior year (2015: $198.86 Mil). The overall result of operations was a surplus of $15.98 Mil (2015: $21.86 Mil). A detailed listing of revenues and expenses can be found in Note 25 to the Consolidated Financial Statements. 3. Consolidated Statement of Changes in Net Debt: Net financial assets (net debt) position is a key indicator of the City's overall financial health and is calculated by deducting the City's financial assets from its financial liabilities. If the financial assets are greater than the liabilities then it is called net financial assets. If the financial assets are less than the liabilities then it is called net debt. A net debt balance represents future revenue requirements to fund past obligations while a net financial assets balance means the City has resources available for future operations. Compared to 2015, net debt at December 31, 2016 has decreased from $291.36 Mil to $250.16 Mil, which is equivalent to 14.14% reduction. This represents an improvement in the net debt position of the City. 4. Consolidated Statement of Cash Flows: The Consolidated Statement of Cash Flow reports on the change in cash and cash equivalents during the year from operating, capital, financing and investing activities. The City generates cash to finance its operating activities, acquire tangible capital assets and meet its obligations by raising revenues, issuing debts or converting other financial assets into cash. The City's primary source of cash is from its operating activities. The Consolidated Statement of Cash Flow indicates that during the year, the City has generated sufficient cash to maintain its programs and services, finance its capital expenditures, meet its debt service requirements as well as make new investments. As at December 31, 2016, Cash and cash equivalents totaled $56.4 Mil (2015: $28.9 Mil). This represents an increase of 95.4% or $27.5 Mil over 2015. MOM, -5- 2016 TRUST FUND STATEMENTS The City's Trust Fund Financial Statements consist of funds held in trust by the City that are restricted for a particular purpose. Deloitte has completed an audit of the 2016 Trust Fund Statements and has expressed a clean audit opinion. SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input has been received from all Service Areas Respectfully submitted, Chair — Finance Committee ATTACHMENTS: 1. City of Saint John Consolidated Financial Statements, December 31st 2016 2. City of Saint John Trust Funds, December 31st, 2016 P4%Ic3 The City of Saint John The City of Saint John Consolidated Financial Statements December 31, 2016 NIM,11 The City of Saint John December 31, 2016 CONTENTS P"01 Page Consolidated Financial Statements Independent Auditor's Report 3 - 4 Consolidated Statement of Financial Position 5 Consolidated Statement of Operations and Accumulated Surplus 6 Consolidated Statement of Changes in Net Debt 7 Consolidated Statement of Cash Flow 8 Notes to the Consolidated Financial Statements 9-41 P"01 Auditors' Report THIS IS A PLACEHOLDER. REPLACE WITH REAL AUDITORS' REPORT. P40.1.1 Auditors' Report THIS IS A PLACEHOLDER. REPLACE WITH REAL AUDITORS' REPORT. P4%tl The City of Saint John Consolidated Statement of Financial Position As at December 31, 2016 Financial assets Cash and cash equivalents (Note 4) Accounts receivable (Note 5), (Note 6) and (Note 7) December 31, December 31, 2016 2015 Restated (Note 8) 56,446,462 28,879,337 11,746,330 15,934,184 Investment in Energy Services (Note 8) 37,839,000 33,543,000 Other investments (Note 9) 8,347,991 7,913,047 Financial liabilities Accounts payable and accrued liabilities (Note 10) Deferred revenue 114,379,783 86,269,568 24,224,049 29,484,048 1,653,632 1,801,578 Deferred government transfers (Note 11) 13,736,023 1,098,153 Post employment benefits and compensated absences (Note 13) 118,083,268 123,690,809 Bank loan payable (Note 3) 56,454 108,582 Long term debt (Note 12) 206,785,270 221,444,436 364,538,696 377,627,606 Net debt (250,158,913) (291,358,038) Non-financial assets Inventory Prepaids 1,448,515 1,469,832 546,664 1,098,292 Tangible capital assets (Note 20) 903,622,865 928,272,092 905,618,044 930,840,216 Accumulated surplus 655,459,131 639,482,178 Contingencies (Note 14) Commitments (Note 15) Approved by: Don Darling, Mayor David Merrithew, Chair of Finance Committee The accompanying notes are an integral part of these consolidated financial statements. 5 W-1-11 The City of Saint John Consolidated Statement of Operations and Accumulated Surplus For the year ended December 31, 2016 2016 204,035,845 Budget 2016 2015 (Unaudited) (Restated (Note 2) Note 8) Unconditional grant 19,923,206 Revenues 204,035,845 218,779,003 220,720,543 Property taxes 120,141,178 120,141,178 118,325,922 Unconditional grant 19,923,206 19,923,206 20,935,308 Other revenue from own sources (Note 25) 21,797,617 24,123,864 25,125,562 Water and sewer revenue (Note 16) 40,552,000 39,944,867 37,745,373 Miscellaneous revenue 896,844 1,298,956 1,571,153 Contributions from others (Note 25) 725,000 9,050,932 11,921,225 Income from energy services - 4,296,000 5,096,000 206,306,466 202,802,050 198,856,480 Annual surplus (2,270,621) 15,976,953 21,864,063 Accumulated surplus, beginning of year - 639,482,178 617,618,115 Accumulated surplus, end of year (2,270,621) 655,459,131 639,482,178 The accompanying notes are an integral part of these consolidated financial statements. 0 P"001 204,035,845 218,779,003 220,720,543 Expenses General Government Services (Note 25) 41,993,592 36,676,361 32,062,629 Protective services (Note 25) 50,686,402 49,623,256 48,947,307 Transportation services (Note 25) 37,787,264 46,435,416 49,906,075 Water and sewer services (Note 25) 43,947,000 34,986,997 34,612,882 Environmental health services (Note 25) 3,629,410 3,208,944 3,262,654 Environmental development services (Note 25) 18,303,935 21,479,934 20,030,186 Recreational and cultural services (Note 25) 9,958,863 10,391,142 10,034,747 Loss from enerav services - - - 206,306,466 202,802,050 198,856,480 Annual surplus (2,270,621) 15,976,953 21,864,063 Accumulated surplus, beginning of year - 639,482,178 617,618,115 Accumulated surplus, end of year (2,270,621) 655,459,131 639,482,178 The accompanying notes are an integral part of these consolidated financial statements. 0 P"001 The City of Saint John Consolidated Statement of Changes in Net Debt For the year ended December 31, 2016 2016 2015 ( Restated Note 8) Annual surplus 15,976,953 21,864,063 Acquisition of tangible capital assets (Note 20) (28,264,006) (39,412,548) Loss on disposal of tangible capital assets (Note 20) 2,314,456 2,646,875 Proceeds on sale of tangible capital assets 749,717 270,562 Amortization of tangible capital assets (Note 20) 36,097,310 37,054,444 Decrease (increase) in inventory 21,317 (70,583) Decrease in prepaids 551,628 739,497 Tangible capital assets adjustments (Note 20) 13,751,750 - Increase in net assets 25,222,172 1,228,247 Net debt, beginning of year (291,358,038) (314,450,348) Net debt, end of the year (250,158,913) (291,358,0 The accompanying notes are an integral part of these consolidated financial statements. 7 EcOM The City of Saint John Consolidated Statement of Cash Flow For the year ended December 31, 2016 Change in non-cash assets and liabilities 2016 2015 (Restated Note 8) Operating transactions 4,187,854 10,870,234 Annual surplus 15,976,953 21,864,063 Items not involving cash 551,628 739,497 Amortization of tangible capital assets (Note 20) 36,097,310 37,054,444 Loss on disposal of tangible capital assets 2,314,456 2,646,875 Adjustments related to Non Profit Housing 1,125,094 - Adjustments related to Parking Commission tangible capital assets 239,846 - Change in investment in Energy Services (4,296,000) (5,096,000) Change in non-cash assets and liabilities Accounts receivable 4,187,854 10,870,234 Inventory 21,317 (70,583) Prepaids 551,628 739,497 Accounts payable and accrued liabilities (5,259,999) 237,248 Deferred revenue (147,946) (3,892) Deferred government transfers 12,637,870 (1,834,934) Other post employment liabilities (5,607,541) (7,684,091) 57,840,842 58,722,861 Capital transactions Acquisitions of tangible capital assets (Note 20) (28,264,006) (39,412,548) Proceeds on sale of tangible capital assets 749,717 270,562 (27,514,289) (39,141,986) Financing transactions Repayment of long-term debt (17,772,356) (18,150,848) Proceeds from long-term debt 15,500,000 14,000,000 Repayment of bank loan (52,128) (48,133) (2,324,484) (4,198,981) Investing transactions Investments (Note 9) (434,944) 142,663 Net increase in cash and cash equivalents 27,567,125 15,524,557 Cash and cash equivalents, beginning of year 28,879,337 13,354,780 Cash and cash equivalents, end of year 56,446,462 28,879,337 The accompanying notes are an integral part of these consolidated financial statements. 0 [till) The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2016 1. Purpose of the organization The City of Saint John (the "City") was incorporated by royal charter in 1785. As a municipality, the City is exempt from income taxes under Section 149(1)(c) of the Canadian Income Tax Act. The City has the following vision statement, "We are energized, engaged people committed to working together to provide services that are responsive to Community needs and delivered in a sustainable, cost effective way." 2. Summary of significant accounting policies The consolidated financial statements of the City are the representations of the City's management prepared in accordance with Canadian generally accepted accounting principles for local governments, as recommended by the Chartered Professional Accountants of Canada Public Sector Accounting Board ("PSAB"). Significant aspects of the accounting policies adopted by the City are as follows: Reporting entity The consolidated financial statements reflect the assets, liabilities, revenues, expenditures, and changes in net debt and cash flows of the reporting entity. The reporting entity is comprised of all organizations and enterprises accountable for the administration of their affairs and resources to the City and which are owned or controlled by the City. Interdepartmental and organizational transactions and balances are eliminated. The focus of PSAB financial statements is on the financial position of the City and the changes thereto. The Consolidated Statement of Financial Position includes all of the assets and liabilities of the City. The entities included in the consolidated financial statements, having the same year end as the City, are as follows: The City of Saint John General Operating Fund The City of Saint John Capital and Loan Fund The City of Saint John Water and Sewerage Utility Operating Fund 4. The City of Saint John Water and Sewerage Utility — Capital and Loan Fund 5. Saint John Parking Commission 6. Saint John Transit Commission 7. Saint John Development Corporation 8. Saint John Industrial Parks Inc. 9. Harbour Station Commission 10. Saint John Aquatic Centre Commission 11. Saint John Trade and Convention Centre 12. Saint John Energy 13. Lord Beaverbrook Rink 14. Saint John Police Commission 15. Saint John Free Public Library 16. Saint John Jeux Canada Games Foundation, Inc. 0 1919% The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2016 2. Summary of significant accounting policies [Cont'd] Investment in Energy Services The City's investment in Saint John Energy is accounted for on a modified equity basis, consistent with generally accepted accounting principles as recommended by Public Sector Accounting Standards ("PSAS") for government business enterprises. Under the modified equity basis of accounting, the business enterprise's accounting principles are not adjusted to conform with those of the City and inter -organizational transactions and balances are not eliminated. The City recognizes its equity interest in the annual income or loss of Saint John Energy in its consolidated statement of operations with a corresponding increase or decrease in its investment asset account. Budget The budget figures contained in these financial statements were approved by Council on December 17, 2015 and the Minister of Local Government on February 1, 2016. The budget is unaudited and does not include elimination of inter - organizational revenues and expenses with controlled entities. Revenue recognition Unrestricted revenue and other sources of revenue are recorded on an accrual basis and is recognized when collection is reasonably assured. Restricted contributions are recognized as revenue in the year in which the related expenses are incurred. Other revenue is recorded when it is earned. Property taxes, which are authorized by Council, are recognized as revenues in the period for which the taxes are levied. Government transfers Government transfers are recognized in the consolidated financial statements as revenues in the period in which events giving rise to the transfer occur, providing the transfers are authorized, any eligibility criteria have been met, except to the extent that transfer stipulations give rise to an obligation that meets the definition of a liability and reasonable estimates of the amounts can be made. Transfers are recognized as deferred revenue when amounts have been received but not all eligibility criteria have been met. Expenses Expenses are recorded on an accrual basis. The cost of all goods consumed and services received during the year is expensed. Measurement uncertainty The preparation of the consolidated financial statements in accordance with Canadian PSAS requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the consolidated financial statements, and the reported amounts of revenues and expenses during the year. Key components of the consolidated financial statements requiring management to make estimates include: the useful life of tangible capital assets, impairment of tangible capital assets, rates for amortization, allowance for doubtful accounts in respect of receivables and estimates for pension liabilities. Estimates are based on the best information available at the time of preparation of the financial statements and are reviewed annually to reflect new information as it becomes available. Measurement uncertainty exists in these 10 1919191 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2016 2. Summary of significant accounting policies [Cont'd] Measurement uncertainty [Cont'd] financial statements. Actual results could materially differ from those estimates. Cash and cash equivalents Cash and cash equivalents include cash on hand, balances with banks and short term deposits with original maturities of three months or less. Tangible capital assets Tangible capital assets are non-financial assets having a physical substance that: - Are held for use by the City in the production or supply of goods and services, for rentals to others, for administrative purposes or for the development, construction, maintenance or repair of other tangible assets; - Have useful lives extending beyond one year and are intended to be used on a continual basis; - Have a minimum value of $5,000 for individual assets; or $25,000 for pooled assets; and - Are not intended for sale in the ordinary course of operations. 11 KZ9L'! The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2016 2. Summary of significant accounting policies [Cont'd] Tangible capital assets [Cont'd] Tangible capital assets are recorded at cost which includes all amounts that are directly attributable to acquisition, construction, development or betterment of the asset. Assets that fall below the threshold amounts are expensed for accounting purposes. The cost of the tangible capital asset is amortized on a straight line over the estimated useful life as follows: Asset Type Equipment and light machinery Furniture and office equipment Information technology equipment and software Land Land improvements Leasehold improvements Municipal buildings Transportation Years 3-25 5-15 1-15 N/A 5-100 Term of lease Motor vehicles and mobile equipment Water and wastewater networks In the year of acquisition and the year of disposal, one half of the annual amortization expense is recognized. Assets under construction are not amortized until the asset is available for productive use. 10-70 5-50 5-20 5-100 Tangible capital assets are written down when conditions indicate that there is impairment in the value of the assets and the reduction in the value can be objectively estimated and it is expected to be permanent. The net write-downs are accounted for as expenses in the statement of operations. Donated or contributed assets are recorded at fair market value at the date of construction or donation. In some circumstances, replacement cost may be used. Segmented information The City provides a wide range of services to its residents. For management reporting purposes, operations and activities are organized and reported by function. This presentation was created for the purpose of recording specific activities to attain certain objectives in accordance with special regulations, restrictions or limitations. Municipal services are provided by service areas as follows: General government services This segment is responsible for the overall governance and financial administration of the City. This includes Council functions, general and financial management, legal matters and compliance with legislation as well as civic relations. 12 19191"1 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2016 2. Summary of significant accounting policies [Cont'd] Segmented information [Cont'd] Protective services This segment is responsible for the provision of policing services, fire protection, emergency measures, animal control and other protective measures. Transportation services This segment is responsible for common services, roads and streets maintenance, street lighting, traffic services, parking and other transportation related functions. Water and sewer services This segment is responsible for the provision of water and sewer services including the maintenance and operation of the underground networks, treatment plants, reservoirs and lagoons. Environmental health services This segment is responsible for the provision of waste collection and disposal. Environmental development services This segment is responsible for planning and zoning, community development, tourism and other municipal development and promotion services. Recreation and cultural services This segment is responsible for the maintenance and operation of recreational and cultural facilities, including the swimming pool, arenas, parks and playgrounds and other recreational and cultural facilities. Energy services This segment comprises a non -generating distribution utility that supplies electricity to municipal, residential, general service and industrial customers through 12 interconnection supply points and substations located in the City of Saint John. It also provides street lighting, area lighting and water heater rental services. Inventory Inventory consists mainly of parts and materials and is valued at the lower of cost and net replacement cost with cost being determined on the first in, first out basis. 13 19191:1 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2016 2. Summary of significant accounting policies [Cont'd] Post employment benefits The City recognizes its obligations under post -employment benefit plans and the related costs, as disclosed in Note 13. Where appropriate, the City has undertaken actuarial valuations. 3. Bank loan payable The City has credit facilities with the Bank of Nova Scotia. According to the terms and conditions of the commitment letter signed between the City and the Bank of Nova Scotia, the City can borrow up to $6 million to fund general operations and $25 million to assist in financing capital expenditures pending fall -in of long term financing. The interest rate for the credit facilities is the Bank's prime lending rate less 0.5% per annum with interest payable monthly. As at December 31, 2016, the balance of the bridge financing credit facility was zero (2015 - zero) and the balance of the operating line of credit was zero (2015 - zero). As prescribed in the Municipalities Act, borrowing to finance General Fund operations is limited to 4% of the City's operating budget. Borrowing to finance Utility Fund operations is limited to 50% of the operating budget for the year. In 2016, the City has complied with these limitations. 4. Cash and cash equivalents Cash and cash equivalents consists of the following: December 31, December 31, 2016 2015 Unrestricted cash 34,499,652 21,191,635 Restricted cash Contribution from Regional Development Corporation for the Safe Clean Drinking Water Project 12,237,041 - Reserve for capital purchase 5,716,293 2,830,000 Airspace 2049 fund 17,833 20,766 Land sub -division fund 41,259 58,961 Saint John Non -Profit Housing future development fund 50,926 50,457 Deposits on contracts 384,476 532,370 Gas Tax 1,498,982 1,098,152 Saint John Non -Profit Housing replacement reserve - 3,045,345 Saint John Non -Profit Housing subsidy surplus reserve - 51,651 General Operating Reserve 2,000,000 - 56,446,462 28,879,337 14 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2016 5. Accounts receivable Accounts receivable consist of the following: December 31, December 31, 2016 2015 Water and sewer charges to ratepayers 6,851,225 7,913,606 Other 3,500,688 5,624,308 Due from the Province of New Brunswick (Note 7) 1,574,671 1,847,604 Due from the Federal Government and its agencies (Note 6) 1,474,546 2,376,281 Allowance for doubtful accounts (1,654,800) (1,827,615) 6. Due from the Federal Government and its agencies Amounts due from the Federal Government and its agencies consist of the following: 11,746,330 15,934,184 December 31, December 31, 2016 2015 Atlantic Canada Opportunities Agency 784,054 665,939 Canada Revenue Agency HST receivable 657,740 1,545,373 Other 32,752 164,969 7. Due from the Province of New Brunswick Amounts due from the Province of New Brunswick consists of the following: 1,474,546 2,376,281 December 31, December 31, 2016 2015 Other 825,266 829,202 Regional Development Corporation - Barge terminal 513,840 884,901 Dept. of Public Safety 235,565 133,501 1,574,671 1,847,604 15 [MU] The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2016 8. Investment in energy services Change in equity in Saint John Energy Effective January 1, 2016, Saint John Energy elected to change, on a retroactive basis, its accounting policy for the Saint John Energy Shared Risk Plan ("SJE SRP") to comply with the requirments for defined benefit plans ("DBP") under IFRS IAS -19 Employee Benefits. As a result of accounting for the SJE SRP as a DBP, Saint John Energy's regulatory balances as of January 1, 2015 and December 31, 2015 were restated. 9. Other investments Other investments consist of the following: December 31, December 31, 2016 2015 Canada Games Foundation investments 7,312,494 6,943,151 Other investments 1,035,497 969,896 Total other investments 8,347,991 7,913,047 The investments of the Canada Games Foundation (the "Foundation") are held in the custody of Scotiatrust and CIBC Melon. The Foundation's investment strategy is to hold high quality corporate or Government bonds and liquid equity investments which bear no unusual credit or interest rate risk. Fair values of investments in fixed income securities and equities are determined using year end quoted market prices. 16 EcZi16-1 2016 2015 (Restated) Equity at beginning of year as previously reported - 44,916,864 Adjustment due to change in accounting policy - (16,469,864) Restated equity 33,543,000 28,447,000 Net earnings 4,296,000 5,096,000 Equity at end of year 37,839,000 33,543,000 Effective January 1, 2016, Saint John Energy elected to change, on a retroactive basis, its accounting policy for the Saint John Energy Shared Risk Plan ("SJE SRP") to comply with the requirments for defined benefit plans ("DBP") under IFRS IAS -19 Employee Benefits. As a result of accounting for the SJE SRP as a DBP, Saint John Energy's regulatory balances as of January 1, 2015 and December 31, 2015 were restated. 9. Other investments Other investments consist of the following: December 31, December 31, 2016 2015 Canada Games Foundation investments 7,312,494 6,943,151 Other investments 1,035,497 969,896 Total other investments 8,347,991 7,913,047 The investments of the Canada Games Foundation (the "Foundation") are held in the custody of Scotiatrust and CIBC Melon. The Foundation's investment strategy is to hold high quality corporate or Government bonds and liquid equity investments which bear no unusual credit or interest rate risk. Fair values of investments in fixed income securities and equities are determined using year end quoted market prices. 16 EcZi16-1 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2016 10. Accounts payable and accrued liabilities Accounts payable and accrued liabilities consist of the following: December 31, December 31, As per the Gas Tax Funding Agreement, funding received as part of the Gas Tax Funding program is recorded as revenue in the year during which related expenditures are incurred. Amounts that have not been spent are recorded as deferred government transfers on the Consolidated Statement of Financial Position. Contribution from Regional Development Corporation was related to the Safe Clean Drinking Water Project. The money will be used toward the Saint John West Milestone and substantial completion payments in the future. 17 1951[97 2016 2015 Trade payables 15,133,300 21,717,142 Payroll 6,352,448 5,190,743 Conferences and holdings 786,900 610,973 Deposits 782,385 906,006 Interest payable 703,306 738,700 Due to Pension Fund 197,889 137,052 Other 195,729 158,522 Canada Revenue Agency 72,092 24,910 24,224,049 29,484,048 11. Deferred government transfers Deferred government transfers consist of the following: December 31, December 31, 2016 2015 Gas tax funding 1,498,982 1,098,153 Contribution from Regional Development Corporation 12,237,041 - 13,736,023 1,098,153 As per the Gas Tax Funding Agreement, funding received as part of the Gas Tax Funding program is recorded as revenue in the year during which related expenditures are incurred. Amounts that have not been spent are recorded as deferred government transfers on the Consolidated Statement of Financial Position. Contribution from Regional Development Corporation was related to the Safe Clean Drinking Water Project. The money will be used toward the Saint John West Milestone and substantial completion payments in the future. 17 1951[97 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2016 12. Longterm debt Debentures consist of the following Year of Issue Interest Rate % Term (Years) 2016 Annual Payment $ 2016 $ 2015 $ New Brunswick Municipal Finance Corporation Debentures 2006 4.150 to 4.450 10 733,000 - 4,403,000 2006 4.150 to 4.450 10 400,000 4,400,000 2006 4.300 to 4.450 10 60,000 360,000 2007 4.450 to 4.850 10 380,000 2,280,000 2,660,000 2007 4.450 to 4.850 10 350,000 3,850,000 4,200,000 2007 4.450 to 4.850 10 33,000 203,000 236,000 2008 3.300 to 4.850 10 567,000 3,964,000 4,531,000 2008 3.300 to 4.850 10 125,000 1,500,000 1,625,000 2008 2.100 to 5.550 15 367,000 2,564,000 2,931,000 2008 2.100 to 5.550 15 175,000 2,100,000 2,275,000 2008 2.100 to 5.550 15 100,000 700,000 800,000 2009 0.950 to 5.000 10 933,000 7,469,000 8,402,000 2009 1.000 to 4.500 10 75,000 975,000 1,050,000 2009 0.950 to 5.000 10 100,000 800,000 900,000 2009 1.000 to 4.500 10 567,000 4,531,000 5,098,000 2009 0.950 to 5.000 10 250,000 3,250,000 3,500,000 2009 1.000 to 4.500 10 333,000 2,669,000 3,002,000 2010 1.500 to 4.550 10 1,000,000 9,000,000 10,000,000 2010 1.500 to 4.550 10 250,000 3,500,000 3,750,000 2011 1.650 to 4.250 10 1,667,000 18,665,000 20,332,000 2011 1.650 to 4.250 10 700,000 10,500,000 11,200,000 2011 1.350 to 3.450 10 300,000 3,000,000 3,300,000 2011 1.350 to 3.450 10 350,000 5,250,000 5,600,000 2011 2.060 20 200,000 3,000,000 3,200,000 2012 1.350 to 3.550 15 767,000 8,432,000 9,199,000 2012 1.350 to 3.550 15 425,000 6,800,000 7,225,000 2012 1.350 to 3.550 15 300,000 3,300,000 3,600,000 2013 1.350 to 3.700 15 687,000 8,239,000 8,926,000 2013 1.350 to 4.000 20 550,000 9,350,000 9,900,000 2013 1.350 to 4.000 20 360,000 7,920,000 8,280,000 2014 2.000 20 500,000 9,000,000 9,500,000 2014 1.150 to 3.900 15 707,000 9,186,000 9,893,000 2014 1.200 to 3.700 15 1,055,000 5,830,000 6,885,000 2014 1.200 to 3.700 20 668,000 7,344,000 8,012,000 2014 1.150 to 3.900 15 27,000 346,000 373,000 2014 1.200 to 2.150 5 56,000 168,000 224,000 2015 0.950 to 3.250 15 500,000 7,000,000 7,500,000 2015 1.050 to 3.650 15 607,000 3,763,000 4,370,000 18 311 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2016 12. Long term debt [Cont'd] 19 2016 Annual Interest Rate Term Payment 2016 2015 Year of Issue % (Years) $ $ $ 2015 0.950 to 3.500 20 175,000 3,325,000 3,500,000 2015 1.050 to 3.150 20 175,000 1,575,000 1,750,000 2015 1.050 to 3.650 15 107,000 1,093,000 1,200,000 2016 1.200 to 3.550 15 8,170,000 - 2016 1.450 to 3.500 15 6,000,000 2016 1.450 to 3.750 20 4,000,000 2016 1.200 to 2.950 10 4,000,000 2016 1.200 to 3.550 15 1,300,000 17,681,000 205,911,000 208,092,000 OTHER DEBENTURES Canada Mortgage and Housing Debentures 2009 3.97 15 91,356 874,270 965,626 Total debentures 17,772,356 206,785,270 209,057,626 19 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2016 12. Long term debt [Cont'd] In total, long term debt consists of: December 31, December 31, 2016 2015 Debentures 206,785,270 209,057,626 Mortgages - 12,386,810 Total long term debt 206,785,270 221,444,436 During the year, Non -Profit Housing was determined to no longer be an entity under the City's control and therefore is no longer consolidated. The corresponding assets, debt and transactions for the statement of operations are no longer consolidated in these financial statements. The aggregate amount of principal repayments required in each of the next five years and thereafter to meet provisions of long term debt, assuming maturity debt is renewed at terms comparable to those currently in effect, is as follows: 20 1951[93 2017 24,313,984 2018 22,064,755 2019 30,216,675 2020 21,698,752 2021 34,768,990 Thereafter 73,722,114 20 1951[93 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2016 13. Post employment benefits and compensated absences City of Saint John Shared Risk Plan The City of Saint John Pension Plan (Former CSJ Plan) was converted to the City of Saint John Shared Risk Plan ("CSJ SRP") effective January 1, 2013 (the conversion date). The purpose of the CSJ SRP is to provide secure benefits to members of the plan without an absolute guarantee but with a risk focused management approach delivering a high degree of certainty that base benefits can be met in the vast majority of potential future economic scenarios. These objectives are achieved through the development of a risk management framework that adheres to the legislated criteria, results in a low probability that base benefits will be reduced, and sets out the specific steps to be taken should the Plan's funded ratio fall below, or exceed, specified thresholds. These steps, when the Plan is underfunded, include the cessation of indexation of benefits, increasing contribution rates (to a predetermined maximum), reducing certain ancillary benefits, and ultimately reducing base benefits. When the Plan has excess funding, previous benefit reductions can be reversed, indexing is fully implemented, and various other potential increases can be implemented, including a decrease in contribution rates (to a predetermined maximum). Shared risk plans are legislated under the provincial Pension Benefits Act (PBA) which contains a number of requirements that must be met in order to qualify for registration by the Office of the Superintendent of Pensions. The Plan is also subject to the Income Tax Act. The Plan is administered by a Board of Trustees which includes 4 individuals nominated by the City and 4 individuals nominated by each of the four unions. The assets of the Plan are held by RBC Investor and Treasury Services which acts as custodian of the Plan. The assets of the Plan are managed by various investment managers who have discretionary investment authority within the investment mandates given to them by the Plan's "Board of Trustees. The performance of the Plan relative to its benchmarks is measured on a regular basis. For service prior to the conversion date, the Plan provides for pensions at the rate of 2% per year of service times the average of the three consecutive years of service having the highest salary at the time of conversion. For service after the conversion date, the pension accrual for each year of service is 1.8% times the salary (excluding overtime pay) earned during the relevant year to a certain maximum salary that is indexed every year ($128,383 in 2016). Pension benefits accrued before the conversion date are payable without reduction when the member's age and service equal at least 85 (or at age 65, if earlier). Pension benefits accrued after the conversion date are payable without reduction at age 60 for employees in the International Association of Fire Fighters and Saint John Police Association and at age 65 for all other employees. Pension benefits can be paid as early as age 55 with a reduction. Shared risk plans extinguish all accrued rights to automatic future indexing. These automatic adjustments have been replaced by indexing as permitted by the Plan's funding policy, which is contingent on the SRP performance. 21 KSIL'! The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2016 13. Post employment benefits and compensated absences [Cont'd] City of Saint John Shared Risk Plan [Cont'd] The initial required employee contributions are equal to 12% of earnings for employees in the International Association of Fire Fighters and Saint John Police Association and employee contributions of 9% of earnings for other employees. Members in public safety occupations who accept a non-union position will have a one-time opportunity to elect to continue to contribute at the higher rate. The City makes initial required employer contributions of 15.2% and 11.4% of earnings (representing about 126.7% of employee contribution rates) for each of these groups. The initial contribution rates for both the employees and the City is subject to change as a result of the triggering mechanism and limitations imposed by the Plan's funding policy. Also, since April 1, 2013, the City is required to make contributions of 17% of earnings for a period of 15 years, or when the Plan achieves a minimum funded ratio of 150% (as calculated under the legislation) using a 15 -year open group method (no less than 10 years of payment must be made). The City has no other financial obligation other than to make contributions at the above rates, and within the limits found under the Plan's funding policy. In the event of a wind-up of the Plan in the five years following the conversion date, the Plan would be wound up under the provisions of the Former CSJ Plan. All assumptions relating to the CSJ SRP have been made on the basis of an on-going Plan and the City does not foresee a wind-up of the Plan. Actuarial valuations Actuarial valuations for the Plan are conducted annually by the Board of Trustees for regulatory purposes. In turn, the actuarial valuations for accounting purposes are based on these figures (with adjustments). The most recent actuarial valuation was prepared as at January 1, 2016. The actuarial valuations for accounting purposes are based on a number of assumptions about future events, such as, inflation rates, interest rates, salary increases, employee turnover and mortality. The accrued benefit obligation as at December 31, 2015 and current period benefit cost for the following year are based on an actuarial valuation conducted as at December 31, 2015. The accrued benefit obligation as at December 31, 2016 and current period benefit cost for the following year are based on an actuarial valuation conducted as at December 31, 2015 and extrapolated to December 31, 2016, using assumptions effective for December 31, 2016. The assumptions used reflect management's best estimates. The following summarizes the major assumptions in the accounting valuations and extrapolations at the various effective dates: Discount Rate Inflation rate Salary increase Mortality: CPM -2014 mortality table with adjustments factors The Expected Average Remaining Service Life (EARSL) is 13 years contributions of $18,570,307 (2015 - $18,349,337). December 31, December 31, 2015 2016 5.95 6.10 2.25 2.25 3.00 3.00 During the year, the City made pension 22 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2016 13. Post employment benefits and compensated absences [Cont'd] City of Saint John Shared Risk Plan [Cont'd] The following table reflects the City's share of the accrued benefit liability, which equals to the full portion of the Accumulated Benefit Obligation ("ABO") related to the temporary contributions and 55.9% of the remaining portion of the ABO net of Plan assets because funding contributions are shared at 55.9% by the City and 44.1 % by employees, before taking into account the additional temporary contribution of 17% of earnings. City share of accrued benefit liability, beginning of year City share of current period benefit cost Interest cost Less City contributions Actuarial loss/(gain) City share of accrued benefit liability, end of year Unamortized actuarial (loss)/gain Pension liabilitv. end of The following table reflects the City share of pension related expenses: Current period benefit cost Interest cost Amortization of City share of actuarial loss/(gain) 2016 2015 114,100,000 103,900,000 5,400,000 5,000,000 6,600,000 6,100,000 (18,600,000) (18,300,000) 7,100,000 17,400,000 114,600,000 114,100,000 (17,400,000) (11,000,000) 97.200.000 103100,000 5,400,000 5,000,000 6,600,000 6,100,000 700,000 (600,000) Total expense related to Pension 12,700,000 10,500,000 Other employee future benefits The City provides for the payment of retirement allowances to retiring employees in accordance with the terms of the various collective agreements and Municipal policy. The retirement allowance is based on the member's final annual salary and years of service at retirement. Employees upon retirement from the City are entitled to a retirement allowance equal to one month's pay, to a maximum of six months, for every five years of service. The program has been amended to provide certain employees with a payout option prior to retirement. Accepting the early payout option eliminates further accumulation of retirement allowance entitlement for those employees. The City also provides for employee sick leave. Unused sick leave accumulates to a maximum number of hours which varies by employment agreement. Under this program, employees are not entitled to a cash payment in lieu of sick leave when they leave the City's employment except as described below with respect to the retirement both outside workers (local 18) and firefighters (local 771). 23 19111.1 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2016 13. Post employment benefits and compensated absences [Cont'd] Other employee future benefits [Cont'd] Upon retirement, members of Local 18 and 771 will be eligible to receive 10% of their regular rate of pay for accumulated sick leave credits in excess of 1,760 hours or 2,280 hours respectively. For employees of the City of Saint John Fire department, who are unable to work due to heart disease or permanent injury to the lungs, the City pays certain amounts to disabled firefighters or their survivor spouse as a result of the provisions of an Act of the Legislature, known as the Act respecting the Saint John Firefighters's Association. As at January 1, 2013, the City's pension plan was converted to a shared risk model. As part of the conversion, the City assumed the obligation for paying existing disability pensions, that had been granted under the old plan, until disabled members reach the age of 65. On a go forward basis, disability coverage is now provided for employees through a long term disability program administered by an insurance carrier. Finally there are specific agreements that obligate the City to pay top up pensions to certain individuals. During the year, the City made payments of $62,833 (2015 - $61,670) related thereto. Valuation techniques and assumptions Actuarial valuations of the above benefits are completed for accounting purposes using the projected benefit method prorated on services. The last actuarial valuation of the post -employment benefit plans was conducted as at December 31, 2016. Previous to that, an actuarial valuation was performed as at December 31, 2015. The above benefit plans are unfunded and as such, there are no applicable assets. Benefits are paid out of general revenue as they become due. A reconciliation of the accrued benefit obligation for these plans, along with the main assumptions used for disclosure and expense calculations are as follows: 2016 2015 Accrued benefit obligation, beginning of year 26,580,309 23,675,400 Current period benefit cost 992,100 748,900 Past service improvement costs, plan amendments 1,244,000 1,720,509 Benefit payments (3,178,843) (3,346,400) Interest cost 892,302 776,500 Actuarial loss (93,200) 3,005,400 Other employee future benefits, end of year 26,436,668 26,580,309 24 Ic5ir� The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2016 13. Post employment benefits and compensated absences [Cont'd] Main assumptions used for these plans: Discount rate Salary increase EARSL 2016 2015 3.56% 3.00% 3.51% 3.00% Range from 10 to 23 Range from 10 to 24 These benefit plans require no contributions from employees. The benefit liability as at December 31, 2016 includes the following components: December 31, December 31, 2016 2015 Accrued benefit obligation (carrying value) Retirement allowances 3,744,300 3,916,200 Sick leave 7,732,200 7,832,000 Heart and lung pension 5,036,900 4,763,700 Disability benefits 7,863,300 7,997,200 Contractual top up agreements 1,121,668 1,152,009 Sick leave - Saint John Transit Commission 938,300 919,200 26,436,668 26,580,309 Unamortized actuarial losses (5,553,400) (5,989,500) 20,883,268 20,590,809 The unamortized actuarial losses will be amortized over the expected average remaining service life ("EARSL") of the related employee groups starting in the next fiscal year. EARSL is determined separately for each benefit program. 25 1911E-13 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2016 13. Post employment benefits and compensated absences [Cont'd] The total expense related to other employee benefits described above includes the following components: 2016 2015 Current period benefit cost 992,100 748,900 Amortization of actuarial loss 342,900 216,400 1,335,000 965,300 Other employee benefit interest expense 892,302 776,500 Total expense related to other employee future benefits 2,227,302 1,741,800 14. Contingencies In accordance with the Clean Environment Act, the City is also liable for a pro rata share of the debentures and other long term debt issued on behalf of the Fundy Solid Waste Commission ("Commission"). The portion attributable to the City is determined on the basis of its percentage of total population within all participating municipalities and unincorporated areas. The total of such debt outstanding at December 31, 2016 amounted to $712,000 (2015 — $1,200,000). Based on 2003 population figures, the City is liable for approximately 55% of the Commission's debt. The City is, from time to time, subject to various investigations, claims, and legal proceedings covering matters that arise in the ordinary course of its business activities. Management believes that any liability that may ultimately result from the resolution of these matters will not have a material adverse effect on the consolidated financial position or operating results of the City. Legal proceedings were filed against the City of Saint John, the Saint John Police Commission and the Saint John Police Department in December 2013 related to the alleged activity of a former employee/police officer. The relief sought has not been quantified in the documents filed with the court and therefore the City is not in a position to estimate the amount of potential liability, if any, in this matter. 15. Commitments Greater Saint John Regional Facilities Commission During 1998, the Greater Saint John Regional Facilities Commission ("Regional Facilities Commission") was created by an Act of the Legislative Assembly of New Brunswick. Under the provisions of the Act, the Regional Facilities Commission has the authority to determine the annual amount of total municipal contribution to be made towards the operation of five regional facilities: the Saint John Aquatic Centre Commission, Harbour Station Commission, the Saint John Trade and Convention Centre, the Imperial Theatre and the Saint John Arts Centre. Under the provisions of the Act, the City's contribution is its pro rata share of the Regional Facilities Commission's operating budget based on the tax bases of the participating municipalities of the Town of Quispamsis, the Town of Rothesay, the Town of Grand Bay -Westfield and the City of Saint John. The City's contribution is 67.30% in 2016 (2015: 67.81 %). 26 K1IE%7 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2016 16. Water and Sewer fund surplus/deficit The Municipalities Act requires Water and Sewer Fund surplus/deficit amounts to be absorbed into one or more of four Operating Budgets commencing with the second ensuing year; the balance of the surplus/deficit at the end of the year consists of: 17. Water cost transfer The City's water cost transfer for fire protection- is within the maximum allowable by Regulation 81-195 under the Municipalities Act, based upon the applicable percentage of water system expenditures for the population. 18. Funds held intrust Funds administered by the City for the benefit of external parties are not included in the consolidated financial statements. The amount administered as at December 31, 2016 was $477,329 (2015 - $476,797). 27 19YU 2016 2015 2016 surplus 716,564 - 2015 surplus 644,449 644,449 2014 surplus 1,522,975 2,030,633 2013 surplus 737,565 1,106,347 2012 surplus 126,276 252,552 2011 surplus - 10,792 3,747,829 4,044,773 17. Water cost transfer The City's water cost transfer for fire protection- is within the maximum allowable by Regulation 81-195 under the Municipalities Act, based upon the applicable percentage of water system expenditures for the population. 18. Funds held intrust Funds administered by the City for the benefit of external parties are not included in the consolidated financial statements. The amount administered as at December 31, 2016 was $477,329 (2015 - $476,797). 27 19YU The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2016 19. Funds and reserves Assets Cash Water & Sewer Capital Reserve 5,716,293 General Operating 2016 2015 Reserve Total Total 2,000,000 7,716,293 2,830,000 Accumulated surplus 5,716,293 2,000,000 7,716,293 2,830,000 Revenue Transfers from Water and Sewerage Utility Operating Fund Transfers from General Operating Fund Interest 2,855,000 - 2,855,000 - 2,000,000 2,000,000 31,293 - 31,293 21,448 25,052 Annual surplus 2,886,293 2,000,000 4,886,293 46,500 Balance, beginning of Year 2,830,000 - 2,830,000 2,783,500 Balance, end of Year 5,716,293 2,000,000 7,716,293 2,830,000 The City received funding from the Canada — New Brunswick Municipal Rural Infrastructure Program between 2001 and 2006 to assist with the cost of construction of water and sewerage assets. The agreements require the City to maintain replacement reserve funds, which can only be used to pay for the cost of replacement of specified capital items, unless otherwise approved by the Minister of Environment and Local Government. On November 24, 2014, Common Council passed a resolution to authorize the establishment of a capital reserve fund for the Water and Sewerage Utility. In 2016, the Water and Sewerage Utility Operating Fund contributed $ 2,855,000 to the reserve fund (2015: $ Nil). On December 12, 2016, Common Council passed a resolution to authorize the establilshment of a General Operating reserve fund. In 2016, the General Operating Fund contributed $2,000,000 to the reserve fund. 28 321 ry+ Q E Q r.+ r.+ cn r O U- N r � M Q N Mr - 0 O .o � N D � � N cn a 0 O U � � H Z Li N N Q M H 0 04 R N F V3 y v u OI c I.- CO - N W) O - W) M O co W M N n V N W M N r N r M M r M O) N M O W V OMO M LO r- L() M M V N O N N oc N � 00 00 N 00 V OMO N 00 LO M LO LC) M r M I� CO N N CO N O ONO O MLO L() O V 00 M ,I- ,I - LO VLO 00 I-V In V r M N O M V 00 N CO V LO CO O M M C09 V M LO M O I- N � M V LO V N O O O M M N V V 00 M - LO I- CO M V co N Ic M 00 M LC) M 0 M M9 0 0 0 M C M M Oro CO 00 M M V M N � M O 00 r- N M L2 M O W N CO - Cl) O I M I N N h r T O O w I -- .9i .9 cD N W 00 M r r M O O N CO LO O CO CO M M V O N � M N O LC) M (' V M I� O V OO L() (' LO N M 0) I- O r00 ONO ONO r O M M 1- (D O M Oo CO N M O M M O V W M N I- CO N M V M CO V V V M 00 I� N V O I� O O M LO 0') - M CO O LC) W O LM M r LC) 0') M M V � N N M CO N M M C� c N 3 U) = c m O z O U) �'U) O vim) o 'N LLE C 0 0 ZU > 0 C:0) o t c 0 N O Y ambo �LL W .= -0 . 0 3 � c: U) 2 NE U)U 3 � c E N� U m 0 0 3 0 ED Q Q Q J H a Q U LU J m 0 z H LL O W M J Y OF. v my �v wa z M O M cD N Go r 4 O M M Cl) M N O) O M LO M r N O LC) r N M r N r LO ,I- 0 O M M Lri 00 00 N N V LC) O 00 0 N W ,I- N N LC) C -?:+ O N CO Co � U N U V) co L U O L O � 0 L :03E Q O U U 0 CO . 0) -- .a -Fu ) -- CFu 0 a) U a a) ) c V) V) LL CO V) -0 U O L .a CO a 75 CO 3 0 0 V)LO O cu � N C _ Ua) a) � � � C O > -0 CO O a) N cu CO U V) N CO CO CO O E o O v)cu V) ?) > 0 a) c 0 O CU 0 U O .. co -0 c a) a � Cu L 'E Q -E o a M a) O 3:--+ N N N C� c .N 3 O � = O 'U) O .U) LL E ZU m c � t > N _ O Y E U) U) U O w E U) � C')2 ._ � Q 7 C y m U co Q O Q M O W N CO - Cl) O I M I N N h r T O O w I -- .9i .9 cD N W 00 M r r M O O N CO LO O CO CO M M V O N � M N O LC) M (' V M I� O V OO L() (' LO N M 0) I- O r00 ONO ONO r O M M 1- (D O M Oo CO N M O M M O V W M N I- CO N M V M CO V V V M 00 I� N V O I� O O M LO 0') - M CO O LC) W O LM M r LC) 0') M M V � N N M CO N M M C� c N 3 U) = c m O z O U) �'U) O vim) o 'N LLE C 0 0 ZU > 0 C:0) o t c 0 N O Y ambo �LL W .= -0 . 0 3 � c: U) 2 NE U)U 3 � c E N� U m 0 0 3 0 ED Q Q Q J H a Q U LU J m 0 z H LL O W M J Y OF. v my �v wa z M O M cD N Go r 4 O M M Cl) M N O) O M LO M r N O LC) r N M r N r LO ,I- 0 O M M Lri 00 00 N N V LC) O 00 0 N W ,I- N N LC) C -?:+ O N CO Co � U N U V) co L U O L O � 0 L :03E Q O U U 0 CO . 0) -- .a -Fu ) -- CFu 0 a) U a a) ) c V) V) LL CO V) -0 U O L .a CO a 75 CO 3 0 0 V)LO O cu � N C _ Ua) a) � � � C O > -0 CO O a) N cu CO U V) N CO CO CO O E o O v)cu V) ?) > 0 a) c 0 O CU 0 U O .. co -0 c a) a � Cu L 'E Q -E o a M a) O 3:--+ N N N CV: N Cl) Cl) Q (co v E v Q (co rn v M M W O T CA O cn CA Lo R le N le N N le n OA N r r N F � O N ^ Cl) n O n M O OA N M I n N O T n M M O N Qch U n OA N 00 N M 00 M N ch ch Cl) Go O r L m d r M r H Z LL 04 CV: N Cl) Cl) (co v (co v (co rn v M M W O T CA O r CA Lo R le N le N N le n OA N O r N F Cl) M — I — N Cl) n O n M O OA N M I n N O T n M Cl) OA N O le n OA N 00 N M 00 M Cl) Go le r M r T W) M y a N M () In 00 -a O 00 O r r 00 00 v V CO CO V y r N N O O 0 r N N r CO Q 000 'a WN 0 M r O CO V r V W O N Ln C09 D) LM V M V R a o 00 0 00 o I- D) D) (D Cl) (1) � LO v rn v Ir— (D m m R R d Z r 00 r C14 D) 00 00 M M N Nm M 0) � M r O O MV V 'O 00 N 00 N V M O D) 0 0 V M Or M V LO O coM CMD Q r r M M O Ln 00 00 ' H O - V c M V Oro N � R F V V N N 06 O (14 0') M (1) (1) 0') r O Cc) >`v O NO M W N V � rr G. EA00 V - N M N M M r O LO LO M LO R Ln N D) 00 (fl 00 D) V M M W r r V V H v W O V V N r N G V V u - M O N N N CMD 0000 N N O V O r O r N N CO V N 0) LO M N (D N N V V N N N N M V ONO V r CMD M N N H O r r Ln Ln r V V c N MrN V N V O D) N 00 NOOL M LO 9) O D) O m 00 N O N Ln 00 O N N N N N O N 'a C) r (N D) r V V V CD OD O M O M CD D) 00 00 In O Cfl N N O 0) O 00 m O C14 N O ty6 0 J = r r r H 00 OD 0) r 0) O 0) (D LO O 00 r N O r O O V r D) V O LO V r r O N N N O N 00 V M 0) N N LO I- r J p 000 LO r r Q LO M M - N M M N LO r 0')N N N r D) N V V V M J W M M M M Ln (V Ln (V (V Ln J H a (n Q m U z U) OJ w (n 00 ul QO Nz C O Q N N N O ~ (6 >, N 0 (1) - N LL O O w R y O R w N O w 3 O Q m N oU) U) U, N C O (6 V 0) N 7 V O Lu Co N Q R C.i (6 O R c C O N O N R L) (6 E U R W Q O 0) N U m Q 0 m Q m Q Q m z U (7 CV: N -O y N N O w N 0 w M I- O O 0 N M V 0 I- V V N M O Q R O O E V M O Q LO Ln 0 O N U) 'O Ln M Ln N Ln CO O cn M V Ln Ln N y V3 N M M O I1- V V I— O O N O N r m O M Ln M 00 O M V r_ 0N 00 Ln N 1- I� M N O N U- I� LO CO M W � r M Q L m W w le w �p O N O -4 w O W) y 0 N O N co 00 W) T co 00 O O Cl) T O O O M T 0 � CO W) 'ca M M W U CO ch T O CO h T r� N -4 r N T N r T N le T T N W) O n h 00 W O I T O co N RQ O O N 04 T - - r T Cl) -4 T 00 r O h LO CO M h U N H Z LL 04 -O y N N O w N 0 w M I- O O 0 N M V 0 I- V V N M O 0 0 R O O Ln V M O N LO Ln 0 O N U) 'O Ln M Ln N Ln CO O W M V Ln Ln N y V3 N M M O I1- V V I— O O N O N r m O M Ln M 00 O M V r_ 0N 00 Ln N 1- I� M Ln O N Ln O I� LO CO M W -O W w le w h O N Cl) -4 w O W) W) y R h r O N co 00 W) T co 00 O O Cl) T O O N co M T - Cl) - co CO W) f0 'a M M W CO O T O CO h T r� N y V3 -4 r N T N r T N le T T N W) O n h 00 W O I T O co N RQ O O N 04 T - - r T Cl) -4 T 00 r O h LO CO M h U N y tui O O j O O y N N v c W R �0 N � M N m V ONO N D M Ln W V O M N y +-� w CO - M V (V V R 7 'u EA ` U M U) CO CO r- 00 CO (7) V N wcy LV V V � R .., O M OD M O O I— OD r O w O r OM LO N N 0 y M v E C u O � M � O 0 M y3 V V 00 O V 000 H r r (V (n C W N r y C U 00 N ` CT oc� C N V co O o �_ N C R W t y O V OLO V 'O tui R O M - 00 M O p V w N r N v V V Ln 09 Ln V N O0 CO M u y 0') C M V 0 v y O O N N 4 OMO O Ln M CO LM 0 W N 'R N O Ln O r V Ln r u O M N N M W 00 G. r- r - Ln N 00 CO N 1- V y R CT O M V O O V F j '� N (9zr M N N ? O LV V N N O O w ay M M V v V M N r O V N CO O O M y y N N V DMO O I� M N c r u V N r 00 N 00 O OM O V O Ln Ln O r M Cul O y O (n M r U) Uy 00) U) NU U) I o C ; N U) 0) 0) 2) C0) o U) U) 0) U (6 O i 0 U C N O w U) C 0) tl) N 0) C 0) U) U 0) X C O E U C) U) N N N 0) CLO 0) 0) y U 0) > D t fUA (60 U CL W Q N a O S cn C7 M N (Y) LO N q n nW) E_ E o E o F F k \ k k It k� k 7 k� co ■ m om- ƒ § \ 2 8 8 ® C� It cc cc 9 C � � $ $ Cl) / s 2 �oc ■ \ f 64\ 0 L 0 ®r.L \ \ \ o § _ \ \ 7%LL N $ 4 / G / / 0 0\ = o o r N \\ ® 7 � m CL 0 2 § \ \ r - LL g 8 / \ ± ® / , , , , , , , � § v / / / / / / \ / - o 2 \ \ / \ \ \ \ �� ® , ' g m — J� / CL0 2 c @ E f @ � § 2 m t . 7 c � � R § LL CL ) 2 7 Q G § / k — 2 o g; ] E u k e 2 c 0 c 2§7 2 . 2 § 2 m g> \ \ 2 k — C\ ® % m \ k m o 2§ 0 + § E m\ § % $ . . o E / y E ac): t ] / 2 t 0 ) ) q .q 2 \ 2 [ .q E ° '{ ~ SCL m E k N$ 2 2 k \ / \ E ) d ± / G \ \ / ] 2 o LL w C4 04« u< z m 7= a.< 0 LO N q 0 k2L Q�E� 0 0 \ \ R § 0 CO 2 0 o \k _ fiCL CO �U 0 E� �2T)_ E c 0 0 � 2 2 Wd Rf_ 0 0 2 Cd Rf_ 0 0 2§k (&kms 0 LL c2 0 _ 22� JLC 0 0 R\_ � �k �' _ LU ° m 0 22§® /0 \ % & \ ) q S N q 2 c Q E @ � m � § © c R � ch 0 2 R k 2 § 0 mr- 0 2 ■ o f k � � ( m @ § 2 - >h / 2 U ■ 0 ƒ o � R 2 LL F- 04 0 k2L Q�E� 0 0 \ \ R § 0 CO 2 0 o \k _ fiCL CO �U 0 E� �2T)_ E c 0 0 � 2 2 Wd Rf_ 0 0 2 Cd Rf_ 0 0 2§k (&kms 0 LL c2 0 _ 22� JLC 0 0 R\_ � �k �' _ LU ° m 0 22§® /0 \ % & \ ) q S N q The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2016 24. Reconciliation of funding deficit upon adoption of PSAS Special Top - up Heart and Retirement Agreements Lung Allowances Liabilities at December 31, 2015 as calculated on adoption of PSAS 1,051,800 4,763,700 3,916,200 Amount of December 31, 2015 liabilities funded in current year (10,700) 273,200 (171,900) Balance to be funded in future years 1,041,100 5,036,900 3,744,300 34 Ec3►XI The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2016 25. Revenue and expense support EXPENDITURES General government services Legislative Mayor's Office Common Council 19YI.13 725,000 9,050,932 11,921,225 167,583 162,577 151,239 382,350 361,075 405,537 549,933 523,652 556,776 35 2016 Budget (Unaudited) (Note 2) 2016 2015 REVENUE Contributions from others Other revenues from own sources General Government Services - 598,838 145,914 General Government Services 2,503,033 1,472,244 1,725,470 Protective services 2,985,768 3,220,969 3,009,669 Transportation services 9,908,895 10,707,783 9,872,260 Water and sewer services - 100 950 Environmental development services 5,151,994 7,406,069 9,161,114 Recreational and cultural services 1,247,927 1,316,699 1,356,099 EXPENDITURES General government services Legislative Mayor's Office Common Council 19YI.13 725,000 9,050,932 11,921,225 167,583 162,577 151,239 382,350 361,075 405,537 549,933 523,652 556,776 35 21,797,617 24,123,864 25,125,562 Contributions from others General Government Services - 598,838 145,914 Protective services - 141,734 - Transportation services 230,000 3,514,251 5,354,085 Water and sewer services - 1,695,965 2,120,301 Environmental development services 495,000 2,435,308 4,255,124 Recreational and cultural services - 664,836 45,801 EXPENDITURES General government services Legislative Mayor's Office Common Council 19YI.13 725,000 9,050,932 11,921,225 167,583 162,577 151,239 382,350 361,075 405,537 549,933 523,652 556,776 35 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2016 25. Revenue and expense support [Cont'd] 36,472,854 31,418,267 26,597,352 Total general government 41,993,592 36,676,361 32,062,629 Protective services Police protection Police Operations 2016 14,264,880 13,520,928 Support Services Budget 2016 2015 Administration (Unaudited) 2,096,097 1,991,525 Stations and Buildings (Note 2) 980,584 1,019,278 City Manager City Manager 665,994 595,268 508,043 Corporate Planning 368,849 357,046 344,381 Corporate Communications 456,889 418,434 474,608 1,491,732 1,370,748 1,327,032 Common services City Hall Building 1,878,337 1,758,192 1,644,784 Property Assessment 1,305,736 1,305,736 1,286,007 Public Liability Insurance 295,000 299,766 650,678 3,479,073 3,363,694 3,581,469 Other Common Clerk 642,938 618,921 653,864 Human Resources 1,517,345 1,378,081 1,328,698 Finance 1,695,452 2,293,238 2,384,112 City Solicitor 739,942 648,991 614,262 Materials Management 1,048,413 1,137,391 1,074,103 Information Systems and Support 2,201,626 2,460,000 2,399,676 Insurance 269,215 275,413 260,345 Debt Charges 16,031,173 4,330,234 4,517,470 Amortization - 7,740,108 6,760,846 Post Employment Expenses 10,455,415 4,463,273 735,286 Other 1,842,954 6,044,236 5,827,605 Regional Services Commission 28,381 28,381 41,085 36,472,854 31,418,267 26,597,352 Total general government 41,993,592 36,676,361 32,062,629 Protective services Police protection Police Operations 13,877,241 14,264,880 13,520,928 Support Services 1,973,614 1,604,170 1,811,955 Administration 1,930,568 2,096,097 1,991,525 Stations and Buildings 922,500 980,584 1,019,278 KE KY40.1 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2016 25. Revenue and expense support [Cont'd] 2016 Budget 2016 2015 (Unaudited) (Note 2) Criminal Investigation 4,422,436 4,531,840 4,604,536 Detention Services 323,000 296,332 332,341 Automotive 770,400 375,014 426,923 4,745,241 4,362,228 4,382,348 Total protective services 50,686,402 49,623,256 48,947,307 37 [tide] 24,219,759 24,148,917 23,707,486 Fire protection Fire Operations 20,645,762 20,109,287 19,867,945 Fire Investigation 75,776 62,928 61,459 Fire Prevention 992,364 939,896 927,635 Fire Training 7,500 - 434 21,721,402 21,112,111 20,857,473 Other protective services Inspection Services 998,077 991,493 942,421 Enforcement Services 192,001 200,328 191,638 Minimum Standards 246,683 226,547 261,724 Dangerous Buildings 426,499 268,701 335,936 Animal Control 85,342 85,698 83,260 Emergency Measures 316,239 270,869 267,860 Emergency Dispatch Centre 2,480,400 2,318,592 2,299,509 4,745,241 4,362,228 4,382,348 Total protective services 50,686,402 49,623,256 48,947,307 37 [tide] The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2016 25. Revenue and expense support [Cont'd] Parking administration Parking Administration External controlled entities Saint John Transit Commission Saint John Parking Commission 2,591,878 2,116,947 2,130,927 602,655 544,415 460,815 602,655 544,415 460,815 11,767,197 12,674,913 12,292,944 3,231,173 2,520,269 2,892,810 14,998,370 15,195,182 15,185,754 Total transportation services 37,787,264 46,435,416 49,906,075 KE 331 2016 Budget 2016 2015 (Unaudited) (Note 2) Transportation services Public works Roads and Sidewalks 13,783,699 11,600,133 14,598,373 Other Drainage Services 2,765,440 2,411,079 2,075,798 Street Lighting 937,300 875,820 984,480 Municipal Operations 524,659 468,525 387,036 Amortization -Transportation - 12,246,795 12,345,409 18,011,098 27,602,352 30,391,096 Fleet Maintenance and Repair 1,583,263 684,167 1,365,609 Fleet Administration - 292,353 371,874 1,583,263 976,520 1,737,483 General engineering Transportation 501,353 274,397 214,740 Traffic Engineering and Systems 2,090,525 1,842,550 1,916,187 Parking administration Parking Administration External controlled entities Saint John Transit Commission Saint John Parking Commission 2,591,878 2,116,947 2,130,927 602,655 544,415 460,815 602,655 544,415 460,815 11,767,197 12,674,913 12,292,944 3,231,173 2,520,269 2,892,810 14,998,370 15,195,182 15,185,754 Total transportation services 37,787,264 46,435,416 49,906,075 KE 331 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2016 25. Revenue and expense support [Cont'd] 753,848 644,483 651,154 1919% KE 2016 Budget 2016 2015 (Unaudited) (Note 2) Water and sewer services Saint John water & wastewater Drinking Water 9,690,000 7,662,509 7,750,061 Industrial Water 1,634,000 1,431,177 890,143 Wastewater 10,132,000 9,054,542 8,451,057 Infrastructure Management 1,278,000 420,872 613,615 Internal Charges 650,000 54,636 244,969 Fiscal Charges 20,563,000 3,936,511 4,203,961 Amortization - 12,426,750 12,459,076 Total water and sewer services 43,947,000 34,986,997 34,612,882 Environmental health services Sanitary Service 3,629,410 3,208,944 3,262,654 Total environmental health services 3,629,410 3,208,944 3,262,654 Environmental development services Research and planning Community Planning 1,253,108 1,128,910 1,149,514 Plan SJ 282,742 297,090 314,532 1,535,850 1,426,000 1,464,046 Administration and geographic information systems (GIS) GIS 364,834 379,882 273,120 Carpenter Shop 389,014 264,601 378,034 753,848 644,483 651,154 1919% KE The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2016 25. Revenue and expense support [Cont'd] 40 1919193 2016 2,151,313 2,193,887 External controlled entities Budget 2016 2015 Saint John Development Corporation (Unaudited) 459,304 1,848,651 Harbour Station Commission (Note 2) 3,555,462 3,215,423 Aquatic Centre Commission 2,671,427 2,496,244 2,571,782 Economic development - 875,208 773,552 Market Square Common Area 2,333,116 2,202,210 2,148,960 Regional Economic Development 475,000 475,000 475,000 Regional Facilities 2,161,629 754,144 714,951 Saint John Industrial Parks 270,000 - - 5,239,745 3,431,354 3,338,911 Real estate management Property Management 1,136,755 1,098,390 949,820 Property Management -Police HO - 1,304 - Real Estate 319,604 258,254 268,245 1,456,359 1,357,948 1,218,065 Other environmental development services City Market 1,034,283 940,682 1,013,744 Tourism 965,600 1,020,234 993,324 Community Development 231,905 190,397 186,819 40 1919193 2,231,788 2,151,313 2,193,887 External controlled entities Saint John Development Corporation 770,615 459,304 1,848,651 Harbour Station Commission 3,207,098 3,555,462 3,215,423 Aquatic Centre Commission 2,671,427 2,496,244 2,571,782 Trade and Convention Centre - 875,208 773,552 Non Profit Housing - 4,834,554 2,478,577 Saint John Industrial Parks 437,205 248,064 276,138 7,086,345 12,468,836 11,164,123 Total environmental development services 18,303,935 21,479,934 20,030,186 40 1919193 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2016 25. Revenue and expense support [Cont'd] Recreational and cultural services Cultural grants Cherry Brook Zoo Other Cultural Grants Parks Rockwood Park Parks General Services 2016 Budget 2016 2015 (Unaudited) (Note 2) 50,000 50,000 2,004,260 1,242,284 1,240,841 2,054,260 1,292,284 1,240,841 556,204 500,824 482,964 2,083,221 1,837,986 1,658,772 External controlled entities Lord Beaverbrook Saint John Free Public Library 4,141,070 5,095,155 5,092,727 409,830 377,974 390,845 655,776 562,115 409,830 1,033,750 952,960 Total recreational and cultural services 9,958,863 10,391,142 10,034,747 TOTAL EXPENDITURES 206,306,466 202,802,050 198,856,480 41 K10, 1! 2,639,425 2,338,810 2,141,736 Community services Parks and playgrounds 286,965 231,354 196,737 Recreation and parks 326,824 295,774 314,819 Pro Kids 100,489 104,015 94,927 714,278 631,143 606,483 Other recreational and culture services Sports and Recreation 3,115,330 3,018,743 3,054,002 Community Centres 906,052 754,765 844,554 Cultural Affairs 119,688 107,264 103,390 Amortization - Recreation - 1,214,383 1,090,781 External controlled entities Lord Beaverbrook Saint John Free Public Library 4,141,070 5,095,155 5,092,727 409,830 377,974 390,845 655,776 562,115 409,830 1,033,750 952,960 Total recreational and cultural services 9,958,863 10,391,142 10,034,747 TOTAL EXPENDITURES 206,306,466 202,802,050 198,856,480 41 K10, 1! Financial Statements The City of Saint John Trust Funds December 31, 2016 1919191 G S co co Lr) k� C, - - - 2Q @ E\ en en - - - : en en en - U § A A A n Qn - � � E$ U ;To 2 2 2 � D � CJ k k k �ƒ @� @ �@ M M M _ § o q � M � 2 � � cl H t G S co co � O � O O w M � C M � 00 00 w Z z � � � � w wy t M M N � r� V N 00 N � � w w rl O N w M i. w A O � H � H W Fzi � O � O O M � C M � 00 00 M � � I t t M M N � N 00 N � � � O � O O 's y 'z M I— co co M � � M N � N � � 's y 'z M I— co co STATEMENT OF CASH FLOW 2016 2015 Operating activities Excess of investment income over expenditure 4,402 4,744 Changes in non-cash working capital: Term Deposits - (12) Accounts Payable - - Investment activities Contributions to other entities (3,863) (977) Net cash increase in cash and cash equivalents 539 3,755 Cash, beginning of year 475,068 471,313 Cash, end of year 475,607 475,068 The accompanying notes are an integral part of these financial statements il 19191:3 The City of Saint John - Reserve and Trust Funds Notes to the financial statements For the year ended December 31, 2016 1. SIGNIFICANT ACCOUNTING POLICIES The financial statements of the City are the representations of the City's Management prepared in accordance with Canadian generally accepted accounting principles for local governments, as recommended by the Chartered Professional Accountants of Canada Public Sector Accounting Board. Revenue Investment income is recognized on an accrual basis. Expenses Expenses are recorded on an accrual basis. Cash and cash equivalents Cash and cash equivalents include cash on hand, balances with banks and short term deposits with original maturities. Financial Instruments The Trust Fund's financial instruments consist of cash, term deposits, and accounts payable. Financial instruments are recorded at fair value when acquired. Financial assets with actively traded markets are reported at fair value, with any unrealized gains or losses reported in excess (deficiency) of revenue over expenditure. Financial instruments are tested for impairment at each reporting date. The Reserve and Trust Funds are exposed to interest rate risk in that the value of the marketable securities can be adversely affected by a change in interest rates. 2. TRUST FUNDS Tucker Fund By an Act of the Legislature enacted on April 20, 1927, securities with a par value of $10,000 were vested with the City of Saint John. This Act provided that the income and a portion of the principal from this Trust, with the approval of Common Council, should be used for the maintenance and improvement of Tucker Park. k, [ticle.] The City of Saint John - Reserve and Trust Funds Notes to the financial statements For the year ended December 31, 2016 2. TRUST FUNDS (continued) Stockford Memorial Fund This fund was established on December 28, 1939 as a result of a bequest of $3,000 from Fannie M. Stockford of Boston, Massachusetts. This amount was to be invested and the annual income was to be used towards the upkeep and maintenance of King Square. O'Connell Fund This fund was established on March 22, 1939 with a contribution of $2,000 from J.D. O'Connell. The contribution was to be invested and the income distributed among the orphanages of the City on the prorata basis of the children cared for by each, to be given by way of a Christmas gift to each child. In October 2004, this agreement was amended to allow the Trustees to disburse the income arising from the trust investments yearly to the Empty Stocking Fund. L.R. Ross Fund This fund was established in 1921 through the gift of $1,250 and the "Ross Memorial Cup". The Cup was to be competed for annually by amateur single scullers, aged twenty-one years or under who are residents of the Maritime Provinces. The income from this Trust was to be used to provide a duplicate cup for the winner of each race held. Changes to the Trust in 1986 now allow for the funds to be used to promote the sport of rowing within the City of Saint John and its suburban communities, provided that an amount of $4,000 remains in the fund to enable the "Ross Memorial Cup" to be duplicated when necessary. A. Carle Smith Fund Established in September 1976, funds were received from the estate of A. Carle Smith. These funds are to be used for the maintenance of a wildlife sanctuary in the South Bay area. Bi -Centennial Funds These funds are to be used for ceremonies marking the 2001' anniversary of Canada in the year 2067. D Itz,IR REQUEST TO PRESENT TO COUNCIL FORM the City of Saint gahn ABOUT PERSON/GROUP PRESENTING First Name: Tim Last Name: Jones Name of Organization/Group (where applicable): Tir na nOg Forest School Mailing Address: 180 Ragged Point Rd City or Town: Saint John Province: NB Postal Code: E2K5C4 Day Time Phone Number: 506-333-6603 Email: timjones@cloudysundays.ca ❑ If you do NOT wish to have your personal information (address, phone number, email) become part of the public record, please check this box. ABOUT YOUR REQUEST Topic of Presentation: Forest School House at Fisher Lakes Rockwood Park Purpose for Presentation (what is the ask of Council): Review and Approve the Agreement Proposal Background Information:Please see the attached presentation that inclues the background information, videos, documents and proposal YOUR SIGNATURE Signature: Tim Jones Date: 2017-07-04 How does the City of Saint John Benefit from our Forest School in Rockwood Park? 1111111111a 1117 1 ILI A .. - 4 F17 1#4 #1ITZ have hired 6 full-time specialized teachers to meet the demand for our programming. These highly educated individuals are living in our uptown core and have come from Calgary, Labrador and Toronto to be part of this progressive education movement. You are invited to view the profiles of these educators online on our website at www.t1hrn an nEfo rests ch o oLcom . Our Forest School programs have experienced significant growth since we began in 2013 with a class of 10 children. Our current enrollment exceeds 100 children within our program offerings. Tir na nOg is the first and only licensed Forest School in Atlantic Canada. We are currently operating at three locations in Southern NB (Saint John, and we ex i ect continued 'r# over the next 10 vears t,1.?,t will The new location at Rockwood Park will become the headquarters of Tir na nOg and will house the first ever Forest School Elementary program in a municipal park in Atlantic Canada. This location will also serve as the Model Schoolhouse for other communities. It will be the national trainin site for the Forest S600l Pr; f. site for th F Rim U0021 1-10-Iffil I'Molebw Ion, I a L$j I I I a owl I t4i 1, V= — . 71MF1_% =11 L"N=t Programs act as Recruitment Incentive: Several prominent companies within our City have made Tir Na nOg Forest School a first stop when selling the quality of life in Saint John to prospective leaders for their organizations. Our facilities are presented as a unique educational opportunity for their children and to date, all families that have explored our schools have accepted positions in Saint John and registered their children in our programs. The Saint John location also acts as a hub for our local communities. We have families traveling from Grand Manan, St. Martin's and Browns Flat to participate in our programs. International Visibility for the City: Our recruitment efforts have brought us resumes from as far away as Victoria, British Columbia, New Mexico, US and London, England. The Forest School initiative is putting Saint John on the map around the world as an emergent leader in Outdoor Education. National Media Attention: Tir na nOg Forest School has been featured in many news publications such as MacLean's Magazine, Saltscapes, CBC News as well as local newspapers and radio features. The Province of New Brunswick has also spotlighted our Saint John Forest School location as part of their NBPIays and Recreation NB Initiatives. This location, situated within Rockwood Park at the Cherry Brook Zoo was highlighted as the gold standard for outdoor recreation, education and conservation awareness for children. The Province of NB commissioned a professional film company (Terry Kelly Productions) to capture the at www timm o restsclwolcoirn . ..................................... . ............ r. 1 ................... . .......... ar ............................................................. . .................. . ...... . . . ................ 01 V11MIN lie low - Moll, I r. R fi111WAIKON01 Wlr-j- Q 10- 0 Health & Wellness Partnerships - Atlantic Canada: Tir na nOg has been commissioned to do a presentation on the benefits of Forest School for the Provinces of PEI and N13 Department of Education and Public Health. Tir na nOg also works with Community Partners to encourage and facilitate opportunities for connections with Nature through Seminars, Tradeshows and Community Events. There is growing interest within Atlantic Canada to bring this program to other areas. The expansion of our programs and the set up of our Model School in Rockwood Park will create an economic opportunity as people come from all over to learn, observe and experience Forest School first hand. 19t, 1 191 t� wig"_, 7 r If B I� 11 II 8 I BI ...�) -e I I I p i 6 Ll I I 1 I II L Xu. re F m �� 1 $"l d<�� ItI Yao��v. m. 2ywfl n Ile u w. � 0l✓P� 4 � 1 II �Ilivr¢^.m�;�^'mii4*.,mimmmmm,� T •..r�!ra ,q Po� =3 A �..,._�,. �x a,,,aanv wuwurm rmlonmwuomuun ulDlm i �rn�;i ,:.. 7��°"°nu!o�Anram sa Sao n�nnrn 2..liniani�r �._ 1 ------ ----------- x� A NMI 5 C 1 Nf Q iii. w ° P _ .. ---- ---------- - ay Ira 111HRI 1 a NMI ill!ill 4 P M IBM -17 z ire' G co / PD°tlY' . m ............. m....... ,_..................... � eR 0 o!' k uprr�YJp p°� cp72 C��CCJ.T tlAC^ I II P aAp Pafl„2J. Gip, L .d ..p 'w M,ruq awNvhx 7 �" ?Ip.,o;, �' mi'.�rlr7 P ✓M 4ry a'GYr ql r nr-�! N.. ' FFG4 �I" p . . . . . . . . . . . . . . . . . .. .. .. .. .. .. .. ... f.4 ��.... ��.>Iwli�,lnn m im n �a�ll�rea �:relmamrvlsumuupy n ��tims�mummlury„' - � � 4p m u 1 D I . _ Imu71 uum��ilml� :.', I�rcpurvn ti�YfiY»ThYm�m 4�mmyon»�nlnvuwawmY¢n Y Ipw ]I b 'I t'ry uau.11 a II u u u unn ry prv.¢ nnv n.n!run.nu.aa Ir' .1C.1171n ll nAICn ry a�. �g S Ct P a � a,. t i a I aaaaa.. , ti � i R'• n T iceo'H.i S pR E 1111 a� a ~a Humpy HIM o ti D �Y 3 13M,16! 8 M till I = o ce�> r� I „wm�am�m�www��al co (Y) Wylor, Jonathan From: timjones@cioudysundays.ca ® July -04-17 1:06 PM ® Taylor, Jonathan Subject: Rockwood Park - Presentation videos This email has two website links... these are important for the presentation. These were filmed at our existing forest school location in Rockwood Park. These videos were commissioned by the Province of New Brunswick. They are short one is 40 seconds and the other is 80 seconds. This will help explain the concept of forest school to those who are unaware of how and what we operate. I Litt . Lyingeo.com .58948390 0..... ..... C 2 r � I& 1 347 m ;TMp4-- pp, A NJ JOIFlurp F#7U-f-Mo,!; Frame Area in Rockwood Park. W -NINUM V ?effC 01 XW feel this would be a great addition and add diversity to the park. Marlene Garland General Manager Lily Lake Pavilion P.O. Box 492 55 Lake Drive South C , -Ckt- Direct Line 693-1121 I Fax 693-9695 MgfkLg..CCQ! ) Itz" 1.11 Mr. Tim O'Reilly Deputy Commissioner of Parks & Public Spaces its® of Saint John 15 Market Square PO Box 1971 at John, New Brunswick E2L 4LI I IR -man, cm, -=1 eK1MM3= The Town of Quispamsis has been working with the Tir Na Nog Forest school since 2015. The Tir Na Nog forest School is dedicated to developing a sense of belonging with nature, creating independence, and promoting physical activity in an ,-,,nvironmentally friendly learning space. V�76��, 7�17,7 �10, �- �Tlrlj L'7671r Mr1-TT-830- Tol TY I'Myt 11 11. The Forest School has made a positive a4lasting impact in our municipality in many ways. The education and values that they instill in their students are very important and invaluable life skills that they will carry with them. The children are very respectful and a delightful addition to our complex. We value our relationship with the Tir Na Nog Forest School and look forward to working with them in the years to come. If you have any questions please feel free to contact me. 101 1 Loll C E E ED) JUL 0 3 2017 CH LOMOND Villa FOUNDATION taqethe,, mmi,,g ro, qu.Ply June 29, 2017 City Of Saint John P. 0. Box 1971 Saint John, NB E21- 4LI Dear Colleen O'Connor, Loch Lomond Vill'a, Foundation is hosting our First Annuot Golf Fundraiser, but this event is like no other golf fundraiser you have ever seen. Join us for Nine, Dine & Nine at Night! On Friday, August 41h, we invite you to gather with us at the Riverside Golf Course. Registration starts at 5p.m., shot gun start is at 6:00 p.m. with a buffet dinner to follow your first nine holes at 8:00 p.m., then return to the course for the final nine holes of night golf with lots of glow in the dark fun! Whether you're an avid golfer looking for a new challenge or just looking for something new and fun to try, this event is for you! Funds raised from this event will support program funding to help "improve the quality of life for the residents and families of Loch Lomond Villa". Reserve your spot for only $100 per person or a team of 4 for $400. This event is limited to only 18 teams and will sell out fast, so don't wait, caul and reserve your spot todayl Team of four benefits include: 9 Holes of Golf in the evening; 9 Holes of Glow in the Dark Night Golf, 4 complimentary tickets to the Buffet Dinner. Thank you for your consideration and I look forward to following up with you. To register mail or email the attached form back to us with your details, Sincerely, Kristen Wheaton Foundation Director P.S. Ask about our hole sponsorships and prize donation opportunities. 185 Loch Lomond Road P: (506)643-7110 350 0 /LLVFoundation 0 @LLVFoundation Saint John, NB E2J 3S3 E foundation@lochlomondV-illa.com www.lochlomondvilia.com LOCH LOMO#VV FridayALjgust 4 VIRIa FO IV Gold Sponsor - $1,200 (1 AvcfEL,?U) ® Complimentary golf carts and registration fees (including buffet) for 4; • Representative invited to bring greetings at the banquet • On-site signage at event (supplied); • Complimentary hole sponsorship at the putting green; • Opportunity for corporate giveaways at the tournament; • Opportunity to provide a corporate prize and acknowledge the winning team; • Recognition by Emcee; • Opportunity to appoint a Representative to sit on the organizing task force. Silver Sponsor - $600 (,- AVOUkle) • Complimentary Hole Sponsor and benefits • Recognition in all promotion & publ'icity; • Complimentary golf registration fee for 2 (includes Banquet for 2); • On-site signage at event (supplied by sponsor); • Recognition by Emcee. Hole Sponsors - $250 0 AVCIUAW ® Signage at the hole or alternatively sponsor provides own signage. * 2 complimentary tickets to the Banquet Hole Sponsors are encouraged to organize a fun activity or contest for a prize or hand out promotional materials at their hole. Entering a Team of 4 - $400 or $100each (i� Tet2�spots AvPELoKe) M Registration for 4 players; ® 4 complimentary tickets to the dinner buffet; a and a golf cart for the first nine holes. 351 LOCH LOMOND VILLA FOUNDATION LOCH LOMOND 1st ANNUAL NINE. -DINE Et NINE AT NIGHT V111a Golf Fundraiser FOUN rtau Friday, August 4th 2017 7,-, Yes, I would life to participate in the 2017 Golf Fundraising Event as a 13 Gold Sponsor ($1,200) o Silver Sponsor ($600) o Hole Sponsor ($250) o Team of Four ($400) o Event Ticket ($100 each) Tickets Contact Information: Company Name: Company/Org,anization /Individual Contact Name: (if company purchasing) Mailing Address: City/Town: Province: Emai 1: Team of Four Players: R Method of Payment: Postal Code: Tel # 3. 4. Mail/Check. * Please invoice at the above noted address (*Note: Payments to be received by August 30th, 2017) * Cheque attached Credit Card: E Visa Credit Card'# Ei Mastercard Expiry Date: —/ Print Name on Card Security Code # Signature: If you have any questions or special dietary allergies please contact Foundation Director. Thank you f0r YGUr SUpportl B= July 10, 2017 Deputy Mayor and Councillors Subject: Recommended Appointment to Saint John Port Authority The Committee of the Whole, having met on July 10, 2017, made the following recommendation: RESOLVED that as recommended by the Committee of the Whole having met on July 10, 2017, Common Council approve the following appointment: Saint John Port Authority: that David Emerson be appointed for a three year term from August 19, 2017 to August 19, 2020. Sincerely, Don Darling Mayor 'N14,, I Oar"L�w � `' ++t4�Vll U4 'YPUn �',V�'� ".�_��IIV,in„� �' I' "R uhP'wr 4 uv olVnV"BYi1 w.i. Y.� a ��w" II .,.wfl" �"Ihf], ti"N 11", � � j �b r�ld �.� °ii.,� 353 The City of Saint John July 10, 2017 Deputy Mayor and Councillors Subject: Nomination of Member of Council to participate in Value Proposition Exercise The Committee of the Whole, having met on July 10, 2017, made the following recommendation: RESOLVED that as recommended by the Committee of the Whole having met on July 10, 2017, Common Council appoint Councillors Reardon and Sullivan to attend the value proposition exercise from 8:30 AM to 4:30 PM on Wednesday July 12th at Grand Hall, UNBSJ. Sincerely, Don Darling M ayor r� SAINT JOHN P10, Box 1971 Mnt ohn, II114B Cani'da, E, L 43N54�m�� .�u�n��i� �� 0111! 1��..�