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2013-01-14_Agenda Packet--Dossier de l'ordre du jourr. City of Saint John Common Council Meeting AGENDA Monday, January 14, 2013 6:00 pm Council Chamber Si vous avez besoin des services en francais pour une reunion de Conseil Communal, veuillez contacter le bureau de la greffiere communale au 658 -2862. 1. Call to Order - Prayer 1.1 Presentation to City by Mr. Oland, Moosehead Breweries Limited 2. Approval of Minutes 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Street Vesting (New Signalized Intersection) 418 -424 & 419 -421 Rothesay Avenue (Recommendation in Report) 5.1.1 Traffic Signals at 420 Rothesay Avenue (Recommendation in Report) 5.2 Proposed Zoning By -Law Amendment to Regulate the Keeping of Chickens (Recommendation in Report) 6. Members Comments 7. Proclamation 8. Delegations / Presentations 9. Public Hearings 10. Consideration of By -laws 1 Pages 1 -12 13 -32 33-35 Powered By: ['� ���]E- 11. Submissions by Council Members 11.1 Hydrofracking (Councillor Merrithew) 12. Business Matters - Municipal Officers 12.1 City Manager: Robertson Lake Dam Upgrades and Latimer Lake Dam Assessment 13. Committee Reports 13.1 Canada Games Aquatic Centre Commission Response regarding Affordability (Tabled from Jan 2, 2013) 13.2 Saint John Board of Police Commissioners: Response to Council Resolution respecting Sex Trade Workers 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 16.1 Sculpture Saint John - NB International Sculpture Symposium 16.2 Lucas Letter - Request for In -Kind Support to the Joshua Group 16.3 Local 771, IAFF Saint John Fire Fighters' Association - 2013 Executive Members 16.4 Actionable Resolutions - Reflecting up to the January 7, 2013 Council Meeting 16.5 Approval of Minutes of December 10, 2012 16.6 Approval of Minutes of December 13, 2012 16.7 Approval of Minutes of December 17, 2012 16.8 Approval of Minutes of December 19, 2012 17. Committee of the Whole 18. Adjournment 2 36-36 37-40 41 -41 49 -54 55-55 56-56 57-86 87-93 94-96 97-103 104-105 City of Saint John Common Council Meeting Monday, January 14, 2013 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une r6union de Conseil Communal, veuillez contacter le bureau de la greffi6re communale au 658 -2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of section 10 of the Municipalities Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:30 p.m. 8t" Floor Boardroom City Hall 1.1 Approval of Minutes 10.2(4) 1.2 Legal Matter 10.2(4)(a,f,g) 1.3 Legal Matter 10.2(4)(g) 1.4 Legal Opinion 10.2(4)(f) 1.5 Legal Opinion 10.2(4)(f,g,j) 3 The City of Saint John Seance du conseil communal Lundi 14 janvier 2013 Salle du conseil, 18 h Comit6 pl6nier 1.Ouverture de la seance Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau de la greffiere communale au 658 -2862. Chacun des points suivants, en totalit& ou en partie, peut faire Pobjet d'une discussion en priv6 en vertu des dispositions pr&vues a Particle 10 de la Loi sur les municipalites. Le conseil /comit6 prendra une ou des decisions a cet 6gard au cours de la seance publique 16 h 30 — Salle de conference, 8e 6tage, h6tel de ville 1.1 Approbation du proc&s- verbal — paragraphe 10.2(4) 1.2 Question juridique — alin6as 10.2(4)a), f), g) 1.3 Question juridique — alin6a 10.2(4)g) 1.4 Avis juridique — alin6a 10.2(4)f) 1.5 Avis juridique — alin6as 10.2(4)f), g), j) 1.6 Question relative au personnel — alin6a 10.2(4)b) Seance ordinaire 1.Ouverture de la seance, suivie de la priere 1.1 Pr6sentation a la Ville par M. Oland, Moosehead Breweries Limited 2. Approbation du proces- verbal 3. Adoption de Fordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a Papprobation du conseil 5.1 D6volution de terrains a titre de rue (nouvelle intersection signalis6e), 418 -424 et 419 -421, avenue Rothesay (recommandation figurant au rapport) 5. 1.1 Feux de circulation au 420, avenue Rothesay (recommandation figurant au rapport) 5.2 Projet de modification de 1'arrW relatif a la r6glementation de 1'61evage des poulets (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 8. Delegations et presentations 9. Audiences publiques 10. Etude des arretes municipaux 11. Interventions des membres du conseil 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Directeur g6n6ral : Mections au barrage du lac Robertson et Evaluation du barrage du lac Latimer 13. Rapports deposes par les comites 13.1 R6ponse de la Commission du Centre aquatique des Jeux du Canada concernant 1'abordabilit6 (point report& de la s6ance du 2 janvier 2013) 13.2 Bureau des commissaires de la police de Saint John: R &ponse a une r6solution du conseil concernant les travailleuses du sexe 14. Etude des sujets ecartes des questions soumises a 11approbation du conseil 15. Correspondance g6n6rale 16. Ordre du jour supplementaire 16.1 Sculpture Saint John — Symposium international de la sculpture au Nouveau - Brunswick 16.2 Lettre de M. Lucas — Demande de services en nature aupr&s du groupe de Joshua 16.3 Section locale 771 (Association internationale des pompiers) de 1'Association des pompiers de Saint John — Membres ex6cutifs 2013 16.4 R6solutions pouvant faire l'objet de mesures de suivi — jusqu'a la r6union du conseil du 7 janvier 2013 16.5 Approbation du proces- verbal (10 d6cembre 2012) 16.6 Approbation du proces - verbal (13 d6cembre 2012) 16.7 Approbation du proces - verbal (17 d6cembre 2012) 16.8 Approbation du proces - verbal (19 d6cembre 2012) 17. Comite plenier 18. Levee de la seance Planning Advisory Committee October 16, 2012 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: Street Vesting (New Signalized Intersection) 418 -424 & 419 -421 Rothesay Avenue City of Saint John The Planning Advisory Committee considered the attached report at its October 16, 2012 meeting. Peter Allaby of exp Services Inc. appeared before the Committee, on behalf of the proponent, in support of the application and staff recommendation. There were no other presentations made at the meeting concerning this matter, but two letters from surrounding property owners were received (see attachments). After considering the report and presentation, the Committee resolved to adopt the staff recommendation, which is set out below for your convenience. The Committee also granted the requested variance to allow for the reconstruction driveway to be slightly wider than the Zoning By -law normally allows. RECOMMENDATION: That Common Council assent to one or more subdivision plans, in general accordance with the attached tentative subdivision plans prepared by exp Services Inc., that would vest an approximate 23- square metre portion of the property at 418 -424 Rothesay Avenue and an approximate 13- square metre portion of the property at 419 -421 Rothesay Avenue, as part of the Rothesay Avenue public street right of way, as well as to any necessary municipal services and public utility easements concerning the construction of a proposed signalized intersection at this location. Respectfully su 'tted, Mo an ig Vice Ch 'tan an Attachments MO /ml 2 r The city of saint Jahn DATE: OCTOBER 12, 2012 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT FOR: MEETING OF OCTOBER 16, 2012 PREPARED BY: REVIEWED BY: oer ��� Mark O'Hearn Mark Reade, P. Eng., MCIP, RPP Planning Officer Senior Planner SUBJECT: Name of Applicant: DKB Enterprises Inc. Name of Owner: DKB Enterprises Inc. & 010808 NB Ltd. Location: 418 -424 & 419 -421 Rothesay Avenue PID; 00305771 & 00303966 (portions) Municipal Plan: Commercial Corridor Zoning: "I -1" Light Industrial Proposal: To vest small portions of two commercial properties in order to facilitate the construction of a signalized intersection. Type of Application: Subdivision and Variance that would increase the maximum access width standard of 11 metres to approximately 14 metres. T.- SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L2 www saintjohn.ca C.i? 1971 Saint john, N -B. Canada E2L 4L1 DKB Enterprises Inc. 418 -424 & 419-421-Rothesay Avenue JURISDICTION OF COMMITTEE: Page 2 October 12, 2012 The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council concerning the vesting of public streets and municipal services and public utility easements. The Act also authorizes the Committee to grant reasonable variances from the requirements of the Zoning By -law. The Committee can impose conditions. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council assent to one or more subdivision plans, in general accordance with the attached tentative subdivision plans prepared by exp Services Inc., that would vest an approximate 23- square metre portion of the property at 418 -424 Rothesay Avenue and an approximate 13- square metre portion of the property at 419 -421 Rothesay Avenue, as part of the Rothesay Avenue public street right of way, as well as to any necessary municipal services and public utility easements concerning the construction of a proposed signalized intersection at this location. 2. That the Planning Advisory Committee grant a variance from the requirements of the Zoning By- law that would increase the maximum access width standard of 1 I metres to approximately 14 metres in order to allow for the reconstruction of an existing access at 418 -424 Rothesay Avenue, on condition that the final subdivision plan(s) above is not endorsed by the Development Officer for registration until such time that an Agreement regarding the installation of the signalized intersection has been executed between the City of Saint John and the DKB Enterprises Inc. BACKGROUND: On May 15, 2012, the Planning Advisory Committee favourably considered an application from the City of Saint John (Municipal Operations and Engineering) for the construction of a signalized intersection 80 metres to the south of the subject site. This previous application involved vesting on both sides of the street that involved the properties at 411 & 418 -424 Rothesay Avenue. The Committee recommended the street and easement vesting, and granted a variance in order to allow for the reconstruction of a commercial access from 11 metres to approximately 11.5 metres. On June 4, 2012, Common Council assented to the vesting. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has provided the following comments concerning the proposed street vesting: 3 DKB Enterprises Inc. 418 -424 & 419 -421 Rothesay Avenue Page 3 October 12, 2012 (a) The vesting of proposed Parcels "A" & "B" is supported for the installation of traffic signal infrastructure at this location. The design of these signals has not yet been finalized with the applicant. The actual area required for street vesting will be determined once the design has been finalized. (b) The vesting of proposed Parcels "A" & "B" should not be finalized until the City and the landowner of 418 -424 Rothesay Avenue have entered into an Agreement regarding the installation of the traffic signals at this location. (c) The owner's traffic engineering consultant must submit to the City for review and approval the design of the traffic signals at this location. It is the owner's responsibility and cost to supply and install the traffic signal infrastructure. (d) There is an existing Emera Brunswick Pipeline easement at this location. It is the responsibility of the owner to obtain the necessary permissions /agreements for the installation of the traffic signals within this easement. (e) The owner's engineering consultant must submit to the City for review and approval a stormwater management plan and design brief. From the information submitted, it appears that an existing drainage ditch will be filled in order to accommodate the proposed expanded parking area and widened driveway to 418 -424 Rothesay Avenue. This drainage ditch is part of a larger stormwater system draining the hill behind the properties on Rothesay Avenue. The owner's engineering consultant must analyze the impacts on this drainage system should this ditch be filled in and piping installed. (f) There is an existing municipal services easement located on 418 -424 Rothesay Avenue. Absolutely nothing permanent is to be constructed over top of this easement. If approved, this area will become part of the public street right -of -way. (g) The owner is responsible for obtaining all necessary permits /approvals. Buildings and Inspection Services has been advised of this application. Real Estate Services has been advised of this matter. Saint John Energy has indicated that there are overhead facilities along Rothesay Avenue where the proposed intersection would be constructed. The facilities can be relocated, and the new traffic controller can be serviced. The cost for this work can be discussed later. Bell Aliant has been advised of this project. Rogers has been advised of this matter. Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline have advised that the proposed signalized intersection will require a crossing agreement between the City and Brunswick Pipeline. No final drawings have yet been received. 4 DKB Enterprises Inc. Page 4 418 -424 & 419 -421 Rothesay Avenue October 12, 2012 ANALYSIS: Earlier this year an application was favourably considered by the Planning Advisory Committee involving the vesting of small portions of two commercial properties (411 & 418 -424 Rothesay Avenue) in order to facilitate the construction of a signalized intersection near the existing entrance of the Avenue Plaza/TD Insurance complex at 418 -424 Rothesay Avenue (see Background). Since that time a revised proposal has been received that would relocate the proposed signalized entrance approximately 80 metres further north where another driveway exists. The revised proposal is illustrated on the attached plans.' The proposed signalized entrance is no longer opposite 411 Rothesay Avenue, but now involves a small portion of the property at 419 -421 Rothesay Avenue (Mediterranean Restaurant). The area is zoned "I -1" Light Industrial. The Community Planning Act requires a recommendation by the Planning Advisory Committee to Common Council with respect to the proposed street vesting. The attached plans also indicate that, in conjunction with this intersection proposal, the owner of the Avenue Plaza/TD Insurance complex property also plans to expand and reconfigure the parking area along the northerly side of the plaza. These proposed changes to the existing site layout comply with Zoning By -law standards. As mentioned in the May 15, 2012 report, a traffic report commissioned by the City indicated that high traffic volumes along Rothesay Avenue are causing delays when exiting the DKB Enterprises Inc. property. In particular, TD Insurance leases a portion of the commercial plaza on the property and operates a call centre with 450 employees. Delays will increase with an expansion to this business with an additional 100 more employees. The City was requested to install traffic signals in order to alleviate traffic congestion, especially during shift changes. Previously, the City commissioned exp Services Inc. to complete a traffic study. Based on the expected volumes resulting from the planned expansion and traffic circulation changes to the existing development, the study recommended that signals be installed at the entrance of the property (existing commercial plaza). Municipal Operations and Engineering indicated that an intersection at this location would also provide a safe pedestrian crossing in close proximity to a transit bus stop. Since the consideration of this matter earlier this year, the proponent has commissioned a further traffic study to examine a more preferable location for the proposed intersection further north immediately adjacent to the Leon's furniture business at 426 Rothesay Avenue (see attached plans). An existing second driveway access and parking area is situated at this location on the subject property. Municipal Operations and Engineering is supportive of the proposed new location for the signalized intersection. Therefore, the requested street vesting for the proposed intersection is recommended. The assent of any necessary municipal services or public utility easements related to this intersection is also recommended. 1 The original application illustrated a 184.25- square metre area to be vested from the 418 -424 Rothesay Avenue property, but applicant's consultant later submitted the attached plan which now illustrates an area of only 22.81 square metres. This change has also increased the access width from 12 metres to approximately 14 metres (measured at the proposed new property line). 5 DKB Enterprises Inc. Page 5 418 -424 & 419 -421 Rothesay Avenue October 12, 2012 Besides the mentioned vesting, a variance is also required in order to reconstruct a new commercial access on the subject property with an approximate width of 14 metres (measured at the property line), since the Zoning By -law normally only allows for a maximum width of 11 metres. Given that the access would be situated at a signalized intersection, and has been designed by consulting engineers (and subject to the approval of the Chief City Engineer), approval of this variance is recommended. However, as suggested by Engineering, a condition has been recommended that the final subdivision plan(s) not be endorsed by the Development Officer for registration until such time that an Agreement regarding the installation of the signalized intersection has been executed between the City of Saint John and DKB Enterprises Inc. This condition was not necessary in the previous approval as an arrangement had already been approved by Common Council. The necessary street and easement assent and variance is recommended with the mentioned condition above. Mo Project No. 12 -260 0 Q 00 O N � � O O W m z LL Ti z ^ .. om m ne A ci b T W V m ❑ U O Z J � W C > Z < F- C/) Zg j 0 �m- 0 c!) z w Y > uj Q z ag* =o cn >o, �-F- wEroLLz U ~o U) Q� w °O H v rn x a) o` �s a N M m yp QO y � M _ m W m N z C � ^ Q M b ♦ M d q FILE: G:1FRE- 00205789 -A0 - GREENARM REALTY TO PLAZA SAINT JOHMCONT02TRE- 002057B3-A0_}.DWG R PLOTTED BY: GRANT BUOTE DATE. 20121OcV10 11:53:47 AM FILE: G:1FRE-00105783 -AO - GREENARM REALTY TO PLAZA SAINT JOWCONTOMFRE- 00205783 AO_l DWG 9 PLOTTED BY: GRANT BUOTE DATE; 20121Sepll8 8:17;02 AM O 4 z OD C? a O N r O 4 L]J X LL c 7 z o m a 9 oU m n m m W m oe O O Z W CD > w E- Z o _OM F °o ~m� CIO �a 0 z L Y Z a~ }z aw�aj� ¢w -jz� u Opp OZ wW�Wq c)a ou) a� q w OD � a U) m n c h i r� i N0] $�z o gpmya z F- p .f x 3 o� a of T t k CL y W /�� ¢ d t~ L i w F K � a �a W� 5 • 3 t e zz msm= F- p .f x 3 o� a of T t k CL y W /�� ¢ d t~ L i w F K � a �a W� 5 • 3 / a � 1 � 1-� i � I ! 10 F r I—� I—i zz msm= Z �WgJ w0 y >dHr J (p Opw Z O 4 O(L N09 U� a— U Z L a w LL t fy ft� / a � 1 � 1-� i � I ! 10 F r I—� I—i 10- 09 -'12 18;43 FROM- Dobson group 5066346062 T -111 P0001/0001 F -268 October 09,2012 Dear PAC Members Re: Steet Vesting and Variance Application 418 -424 & 419 -421 Rothesay Avenue am in receipt of a letter dated October 3, 2012 where by the PAC is considering a recommendation to the above proposal and granting a variance. I wish to acknowledge first off the expansion of any business on Rothesay Avenue is welcomed. Over the past few years the business's along Rothesay Avenue have spent millions of dollars on their facilities and it is truly showing. It is a revitalization of a main corridor for traffic flow and for the retail business environment. Rothesay Avenue is becoming once again a highly sought after location for business. I wish to comment on the installation of any additional traffic lights on Rothesay Avenue if this is what this proposal is all about. We have a very undesirable situation that is becoming more and more of a problem every day. As traffic counts climb on Rothesay Avenue so do the issues of the Ashburn Lake (Deluxe) and Rothesay Avenue intersection . The intersection needs to be dealt with soonerthan later. At peak times the traffic is backed up as far as the TD entrance and installing another signal there will only compound this issue. when will the ongoing problem be resolved? Can it only be resolved by a Committee recommendation that until some remediation of that intersection takes place that PAC could not consider future applications such as this. The PAC has a duty to ensure that the City is doing proper planning and to not send a message to City Council that recognizes this issue as a condition for future proposals in my mind is not providing enough guidance to Staff and or Council. I request that PAC draw this to the attention of City Council and that any recommendation become a "qualified recommendation" where by the traffic snarl is recognized and is certainly something that will, if not now, become an issue in future planning. Thank -you for what you do for us on Committee. Danny Dobson President /LTS investments /Dobson Chrysler Owners 276 -312 Rothesay Avenue /843 Rothesay Avenue /727 Rothesay Avenue/251 Rothesay Avenue cc. Mayor Norton 11 Oct.9/2012 Planning Advisory Committee City of Saint John Re Variance 418 -424 & 419 -421 Rothesay Ave. TD Centre Dear Sirs /Madams Although I fully support all of the efforts and the jobs created at the TD Centre I can only support this application after the traffic mess at the Rothesay Ave. Ashburn Lake Rd. Intersection is addressed, This nightmare was to be a temporary situation and now is going in to its fourth or fifth year. Turning left on to Ashburn Lake Rd. at peak time is virtually impossible backing traffic back some times to where the proposed traffic light is, turning left off Rothesay Ave, to Costo has the same issues no turn lanes or flashing Greens, I don't know how or why this configuration ever got approval but I think its time to get fixed. At our three locations we service over 100 vehicles per day and the constant complaint is — When will the City be responsible and fix that mess at Deluxe Intersection? Until this issue can be resolved I have to say we do not need any more traffic snarls on Rothesay Ave. and all building permits on the Costco Hill be stopped until these issues are fixed, Cc Mayor Mel Norton Regards Keary Coyle President Coyle Auto Group 12 J S.f �) REPORT TO COMMON COUNCIL M &C2013 -2 January 3, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: TRAFFIC SIGNALS AT 420 ROTHESAY AVENUE BACKGROUND c The city of saint John At present, high traffic volumes along Rothesay Avenue are causing delays when exiting the existing DKB Enterprises Inc. (DKB) development at 420 Rothesay Avenue. TD Insurance leases a portion of the DKB property and employs approximately 450 staff; with a planned expansion to accommodate approximately 300 more staff. These delays are expected to increase with the planned expansion to this development. There are currently no signalized pedestrian crossings on Rothesay Avenue near this development. In 2009, TD Insurance approached the City and requested that traffic signals be installed to alleviate employee access and egress, to and from, the property. The City commissioned exp Services Inc. (formerly ADI Limited) to complete a traffic study of Rothesay Avenue. Based on the expected traffic volumes resulting from the planned expansion and traffic circulation changes to the existing development located at 420 Rothesay Avenue, the traffic study contained a recommendation to install traffic signals at the entrance to this property. On May 7, 2012 (M &C 2012 -103) Common Council resolved that the City shall enter into a cost sharing agreement with DKB for the construction of Traffic Signals at 420 Rothesay Avenue. Subsequent to this approval the City and DKB executed the necessary documents to give effect to the Cost Sharing agreement. This Cost Sharing Agreement stated that the Traffic Signals were to be installed at the main (west) entrance to the property at 420 Rothesay Avenue. In September 2012, DKB submitted to the City a newly commissioned traffic study for the property located at 420 Rothesay Ave. Based on a revised expansion and traffic circulation plan, this traffic study contained a recommendation for the Traffic Signals to be installed at the east entrance to this property rather than the main (west) entrance. 13 M &C2013 -2 January 3, 2013 Page 2 It is staffs opinion that the installation of traffic signals at the east entrance to this property will help alleviate the delays experienced by left turning traffic when exiting this development and it will provide a safe pedestrian crossing in close proximity to a transit bus stop. FINANCIAL The 2010 General Fund Capital Program - Transportation category included $130,000 in project funding for the installation of traffic signals at the entrance to the development at 420 Rothesay Avenue. When this project was approved by Council it contained two funding components; $80,000 under "City share" and $50,000 under "Other share ". Since 2010, the estimated total project costs have increased beyond $130,000. In May, 2012 the City entered into an agreement whereby the City would maintain its $80,000 contribution and DKB would cover the remainder of the cost to install the Traffic Signals at the main (west) entrance to 420 Rothesay Avenue. Staff and DKB agree that the Traffic Signals should now he installed at the east entrance to 420 Rothesay Avenue rather than the main (west) entrance. Accordingly, staff has successfully negotiated a new agreement with the property owner, DKB, whereby the City will contribute $23,840 as well as the traffic signal equipment specified in the agreement and DKB will cover the remainder of the cost to install the Traffic Signals. The City's total cost for this project will remain at $80,000. As part of this agreement, DKB will also cause the required lands to vest in the City as public street to accommodate the traffic signal equipment and pay all costs associated with the required vesting. Contrary to the previous agreement, under this new agreement, DKB shall construct the intersection and install the signals and cause all the work related thereto to be done and paid for, and the City shall pay DKB the above noted amount upon completion and acceptance of the work. In summary, the City is no longer doing any of the work, it is simply contributing towards the cost of the work upon completion and providing equipment. There is a cost saving component for the City in this respect, since the City no longer needs to dedicate internal resources to the project. ANALYSIS DKB retained exp Services Inc. to complete the engineering design and construction management of this project. DKB will be responsible for the construction of this traffic signal project subsequent to the agreement being signed by both parties. An application for subdivision to vest an area of land as a portion of a Public Street to accommodate the traffic signal controller and associated infrastructure has been made. On January 2, 2013, in accordance with the recommendation from The City's Planning Advisory Committee, Common Council assented to the necessary subdivision plan(s) to allow for the street vesting. 14 M &C2013 -2 January 3, 2013 Page 3 INPUT FROM OTHER SOURCES The City solicitor worked with staff on this project and drafted the new Cost Sharing Agreement. RECOMMENDATION Staff recommends: 1. That the City terminate the Cost Sharing Agreement with DKB Enterprises Inc. for the construction of Traffic Signals at 420 Rothesay Avenue as attached to M &C 2012 -103 and dated May 10, 2012; and 2. That the City enter into a new Cost Sharing Agreement with DKB Enterprises Inc. for the construction of Traffic Signals at 420 Rothesay Ave. on the terms and conditions and generally in the form as attached to M &C 2013 -2; and 3. That the Mayor and Common Clerk be authorized to sign all required documents to give effect to the said Cost Sharing Agreement. Respectfully submitted, David Russell, P. Eng. Municipal Engineer Wm. Edwards, P. Eng. Commissioner, Transportation & Environment 15 j3 Brian Keenan, P. Eng. Engineering Manager -aE�— e k Fatnick Woods, CGA Cger AGREEMENT This Agreement made in duplicate copies this 27a' day of December, 2012, BY AND BETWEEN: THE CITY OF SAINT JOHN, having its City Hall 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 "CiW, OF THE FIRST PART And DKB ENTERPRISES INC., a body corporate duly incorporated under the laws of the province of New Brunswick having its registered office at Phoenix Square, 371 Queen Street, Suite 204, Fredericton, New Brunswick, hereinafter called "DKB" OF THE SECOND PART WHEREAS DKB is the owner of a parcel of land Iocated at 420 Rothesay Avenue in the City of Saint John, in the Province of New Brunswick, bearing PID 00305771 (the "Property"); AND WHEREAS DKB leases premises located on the Property to'TD Meloche Monnex Inc. ( "TD ") pursuant to a Lease Extension and Amending Agreement between DKB and TD dated May 15, 2008; AND WHEREAS TD approached the City in 2009 to install traffic lights at the entrance to the Property because traffic exiting the Property is experiencing long delays due to the high volume of traffic on this portion of Rothesay Avenue; AND WHEREAS the City commissioned a Traffic Study of Rothesay Avenue in the spring of 2009; AND WHEREAS the Traffic Study supports the installation of traffic signals at the Property on Rothesay Avenue; AND WHEREAS the City agreed to contribute money towards the construction of traffic signals at the Property on Rothesay Avenue; NOW THEREFORE THIS AGREEMENT WITNESSETHED that in consideration of the mutual covenants and agreements herein contained, the parties for themselves, their successors and assigns, respectively, mutually agree as follows: 16 General 1. (a) This Agreement is conditional upon DKB entering into a Consent Crossing Agreement with Brunswick Pipeline for the encroachment of the Work over Brunswick Pipeline's KP 13.1 to KP 13.2 in the City of Saint John, and Brunswick Pipeline consenting that such Consent Crossing Agreement be assigned to the City upon completion of the Work. (b) The condition expressed at paragraph (a) cannot be unilaterally waived by DKB. 2. (a) DKB shall, at its costs, construct an intersection at the Property with Rothesay Avenue and install traffic signals on Rothesay Avenue (the "Work'D in accordance with the engineering drawings dated December, 2012 and prepared by exp. Services Inc. (the "Drawings'"), a copy of which is attached hereto as Schedule A and forms part hereof. (b) %DKB shall complete Phase I of the Work, as defined in the Drawings, on or before February 15, 2013 (c) DKB shall complete Phase 1B of the Work, as defined in the Drawings, in the spring of 2013, and no latter than duly 1, 2013. 3. (a) The parties agree that once the Work has been completed, the traffic signals will be the property of the City. (b) In the event that there is a reduction in vehicle traffic to and from the Property and the Chief City Engineer determines that based on the Traffic Engineering Industry Guidelines, the traffic signals at the Property are no longer warranted, then the City shall have the right to remove or modify the said traffic signals in accordance with traffic engineering industry guidelines; and if /when it does, DKB shall have no recourse whatsoever against the City in this respect. For this purpose, DKB, for itself and its successors and assigns and to the fullest extent permitted by law, hereby releases and forever discharges the City, its employees, officers, agents, successors and assigns from and against any and all losses, costs, claims, demands, expenses, proceedings and actions of every nature and kind for injury or damages, including indirect, consequential and incidental damages, to DKB or its property which are or may be in any way related to, or connected or associated with the City removing, or modifying the traffic signals installed pursuant to the within Agreement. (c) Should the City determine, pursuant to paragraph (b), that the - traffic signals.are no longer warranted, the City shall give DKB 12 months' written notice before decommissioning or removing the traffic signals. Term 4. This Agreement shall commence upon the date of execution,, hereof and -shall terminate five (5) years after the first day of the month in which the Agreement is executed. 17 Obligations of the City 5. (a) For the purposes of the Work, the City shall provide to DKB, at the City's cost, the traffic signal equipment listed in Schedule B. (b) The City makes no representations or warranties regarding the traffic signals equipment referred to in paragraph (a) or' its suitability for the purposes of the Work and DKB accepts all liability related to the said traffic signals equipment, its inherent defects, if any, and for any damages suffered by DKB or any other person related to or in any way connected with the use of the said Equipment for the purposes of the Work, except those damages caused by the negligent act or omission of the City. 6. Upon certification by the Chief City Engineer that the Work was completed satisfactorily and in accordance with the Drawings, the City shall pay to DKB the total amount of Twenty -Three Thousand Eight Hundred and Forty Dollars ($23,840.00), inclusive of HST, as a contribution towards the cost of the Work. Obligations of DKB 7. (a) DKB shall convey to the City, as a public street and for the purposes of the Work, the unencumbered title to Parcel "A" comprising twenty -three (23) square meters of the Property as depicted on the Subdivision Plan titled "SUBDIVISION PLAN DKB Enterprises Inc. SUBDIVISION & 010808 N.B. Ltd. SUBDIVISION PARCEL "A" & PARCEL 'B" dated December 12, 2012, certified correct by Brian Walsh, N.B.L.S. #342, attached hereto as Schedule C and forming part hereof for One Dollar ($1.00) of lawful money of Canada. (b) DKB shall pay for all the costs associated with the City acquiring the parcel of land defined at paragraph (a) hereof as public street, including, but not limited to, registration costs, surveying costs, real property taxes for the year of the conveyance, and any cost related to the obtaining and registering of a partial discharge of the Manufacturers Life Insurance Company Mortgage No. 25872350. S. (a) Before the Work is commenced, DKB shall cause to be vested in the City as public street the unencumbered title to Parcel `B" comprising twelve (12) square meters of properly bearing PID 303966 and owned by 010808 N.B. Ltd,, as depicted on the Subdivision Plan titled "SUBDIVISION PLAN DKB Enterprises Inc. SUBDIVISION & 010808 N.B. Ltd, SUBDIVISION PARCEL "A!'& PARCEL "B" dated December 12, 2012, certified correct by Brian Walsh, N.B.L.S. #342, attached hereto as Schedule C and forming part hereof. (b) DKB shall obtain and register a partial discharge of Bank of Nova Scotia mortgage no. 28286186 and any other mortgage/debentures registered against PID 303966 respecting that parcel of land described at paragraph (a). (c) DKB shall pay for all costs associated with the vesting of the parcel described at paragraph (a), including, but not limited to, registration costs, surveying costs, real property taxes for the year of the conveyance and any cost related to the obtaining and registering of a partial discharge of the Bank of Nova Scotia mortgage no. 28286186. IN 9. (a) DKB shall pay all costs related to the maintenance and repair of the traffic signals between Phase IA and Phase 1B of the Work. (b) The City shall provide to DKB, at DKB's costs, the required qualified technicians on an as needed basis, to do the maintenance and repair of the traffic signals between Phase lA and Phase 1B of the Work, 10. DKB shall cause the traffic signals to be installed by a person holding a Traffic Signal Level 11 Certification from the International Municipal Signal Association. 11. DKB shall provide "As Built" drawings, stamped by a Professional Engineer, to the City immediately upon completing the Work, and before the City pays to DKB the amount set out at section 6 hereof Termination 12. The City may immediately terminate this Agreement upon giving notice to DKB where: (i) DKB makes an assignment for the benefit of its creditors, is declared bankrupt or commits an act of bankruptcy, becomes insolvent, makes a proposal or otherwise takes advantage of provisions for relief under the Bankruptcy and Insolvency Act (Canaria) or similar legislation in any jurisdiction, or any other type of insolvency proceedings being commenced by or against the Company under the Bankruptcy and Insolvency Act (Canada) or similar legislation; (ii) DKB breaches any of the terms or conditions of the within Agreement; Gii)In the City's reasonable opinion, DKB, prior to or after executing this Agreement, makes a material misrepresentation or omission or provides materially inaccurate information to the City; (iv)DKB undergoes a change of control which, in the reasonable opinion of the City, adversely affects DKB's ability to satisfy some or all of its obligation under the within Agreement. The above rights of termination are in addition to all other rights of termination available at law, or events of termination by operation of law. 13. The provisions of sections 3(a), 5(b) and 16 hereof survive the termination of this Agreement. Performance 14. Both parties agree to do everything necessary to ensure that the terms of this Agreement take effect Non - Performance 15. The failure on the part of either party to exercise or enforce any right conferred upon. it under this Agreement shall not be deemed to be a waiver of any such right or' operate to bar the exercise or enforcement thereof at any time or times thereafter. 19 Indemnification 16. Notwithstanding any clauses herein, DKB does hereby indemnify and save harmless the City from all damages, causes, claims, expenses, demands, actions, suits or other proceedings by whomsoever claimed, 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 performance of this Agreement or anything done or purported to be done in any manner hereunder, except for damages caused by the City's negligence. Remedies 17. Upon default by either party under any terms of this Agreement, and at any time after the default, either party shall have all rights and remedies provided by law and by this Agreement. 18. No delay or omission by either party in exercising any right or remedy shall operate as a waiver of them or of any other right or remedy, and no single or partial exercise of a right or remedy shall preclude any other or further exercise of them or the exercise of any other right or remedy. Furthermore, either party may remedy any default by the other party in any reasonable manner without waiving the default remedied and without waiving any other prior or subsequent default by the defaulting party. All rights and remedies of each party granted or recognized in this Agreement are cumulative and may be exercised at any time and from time to time independently or in combination, Mediation 19. All disputes arising out or in connection with this Agreement, or in respect of any legal relationship associated with or derived from this Agreement, shall be mediated pursuant to the National Mediation Rules of the ADR Institute of Canada, Inc. Despite this Agreement to mediate, a party may apply to a court of competent jurisdiction or other competent authority for interim measures of protection at any time. The place of mediation shall be the City of Saint John and Province of New Brunswick. Force Majeure 20. It is agreed between the parties that neither party shall be held responsible for damages caused by delay or failure to perform his undertakings under the terms of the Agreement when the delay or failure is due to fires, strikes, floods, acts of God, lawful acts of public authorities, or delays or defaults caused by common carriers, which cannot be reasonably foreseen or provided against. No Assignment 21. This Agreement is not assignable. Any attempt to assign any of the rights, duties or obligations of this Agreement is void. Time 22. This Agreement shall not be enforced, or bind any of the parties, until executed by all the parties named in it. 20 Notices 23. Any notice under this Agreement shall be sufficiently given by personal delivery or by registered letter, postage prepaid, mailed in a Canadian post office and prepaid courier, addressed, in the case of notice to the City of Saint John, to the Common Clerk, 15 Market Square, P. O. Box 1971, Saint John, New Brunswick, E21, 4LI and in the case of notice to DKB to Daryl K. Branscombe at Suite 204, Phoenix Square, 371 Queen Street, Fredericton, NB OB IBI, or to any other address as may be designated in writing by the parties, and the date of receipt of any notice by mailing shall be deemed conclusively to be 5 days after the mailing. Reference to Prior Agreement 24, This Agreement supersedes and takes the place of all prior agreements entered into by the parties with respect to the installation and cost- sharing of the Traffic Lights to be installed at the Property. Amendments 25. No change or modification of this Agreement shall be valid unless it is in writing and signed by each party. Acknowledgment of Terms and of Entirety 26. It is agreed that this written instrument embodies the entire agreement of the parties with regard to the matters dealt with in it, and that no understandings or agreements, verbal or otherwise, exist between the parties except as expressly set out in this instrument. Further Documents 27. The parties agree that each of them shall, upon reasonable request of the other, do or cause to be done all further lawful acts, deeds and assurances whatever for the better performance of the terms and conditions of this Agreement_ Validity and Interpretation 28. Descriptive headings are inserted solely for convenience of reference, do not form part of this Agreement, and are not to be used as an aid in the interpretation of this Agreement. 29. It is intended that all provisions of this Agreement shall be fully binding and effective between the parties, but in the event that any particular provision or provisions or part of one is found to be void, voidable or unenforceable for any reason whatsoever, then the particular provision or provisions or part of the provision shall be deemed severed from the remainder of this Agreement and all other provisions shall remain in full force. Governing Law 30. This Agreement shall be governed by and construed in accordance with the laws of the Province of New Brunswick. Successors, Assigns 31. This Agreement shall enure to the benefit of and be binding on the respective successors and permitted assigns of each of the parties. 21 Independent Legal Advice 32. The parties each acknowledge having obtained their own independent legal advice with respect to the terms of this Agreement prior to its execution. Acknowledgment of Receipt of Copy 33. Each party acknowledges receipt of a true copy of this agreement. IN WITNESS WHEREOF the parties have affixed their respective corporate seals, attested by the hands of their respective officers duly authorized in that behalf on the day aforementioned. SIGNED, SEALED AND DELIVERED in the presence of: 22 THE CITY OF SAINT 3OHNT Mayor Common Clerk Common Council Resolution: DK13 ENTERPRISES INC. Per: i Presi. ent Form 45 AFFIDAVIT OF CORPORATE EXECUTION Land Titles Act, S.N.B. 1981, c.L -1.1, s.55 Deponent: Daryl K. Branscombe 371 Queen Street, Suite 204 Fredericton, New Brunswick E3B 1B1 Office Held by Deponent: President Corporation: DKB Enterprises Inc, Place of Execution: Fredericton, New Brunswick Date of Execution: December 27, 2012 I, the deponent, make oath and say: 1. That 1 hold the office specified above in the corporation specified above, and am authorized to make this affidavit and have personal knowledge of the matters hereinafter deposed to; 2. That the attached instrument was executed by me as the officer duly authorized to execute the instrument on behalf of the corporation; 3. That the seal of the corporation was affixed to the instrument by order of the Board of Directors of the corporation; 4. That the instrument was executed at the place and on the date specified above; 5. That the ownership of a share of the corporation does not entitle the owner thereof to occupy the parcel described in the attached instrument as a marital home. SWORN TO at Fredericton, New ) Brunswick on December 27, 2012, ) BEFORE ME: ) } } Co ssioner of Oaths, ) 1 K. B co be Being a ) 23 Schedule "Are r X � y V ,- v 6 _ Z O 0 ■ , - m rp z o /� /�0 a� N o C/) o m CA M z W Co CA) =C M r o I C/p Z O Dz � n C C my m 0 X rn n m� 9 m. Y�?f m v 0 rn z eoeeoo p v J i l l E X�� n In 24 o { ens, m 1�rF�C �4? iv z I 25 26 wi( 26 NORM 26 a r N G'l WQ dCd o r - r s C7 6 v Y l rr5 I 6 a a F y� 'N P s yyy� O x r,E , 27 III 8 Fn i Yp£[ F h+ 0 r o� a R ee� S r -i r er ag n 17 a Fn N µ W W tl�l� aY E a SIT! Pi 6 0 �+ d JIM P gag T y 1 Ilia c � Ws " P h r om OX0 m oome0000er� eeeee�aaeee� I 29 V o W 0 y�� I { r r 4 ="I .r SCHEDULE B 31 EQUIPMENT +o;rscadPTrora: " LIST FOR [JNIT TD —j RAFFIC �UANTlTY SIGNALS UNIT PRICES TOTAL PRICE NO 8 m Traffic Signal Polls 1 with transformer bases Vd Fad 4 anchor half assentbites $ 1516.19 $ 6064.76 2 Mast Arms (with brackets) 4.6 metres tong Each ¢ $ 544.10 $ 2178.40 6.7 metres long Each 4 $ 638.00 $ 2552.00 3 Traffic Signal Controller with cablr�ef ail inclusive Each 1 $"11005 .00 $ 11005.00 4 Vehicle Presence Detector Each 1 $ 491.410 $ 491.40 6 Vehicle Motion Detector Each 1 $ 779,60 6 Vertical Signal Heads $ 779.60 $ 2259.44 3--se don LED Each 6 $ 282,43 Pedestrian Countdown $ 3432.00 8 Signal Heads I section LED Each 6 $ 572.00 7 Pedestrian Push.-buftons m# $ 1182.00 housin cu s Each 6 $ 197,00 Shipping charge for rush 8 delivery of ped. push buttons Lump 1 $ 100.00 $ 100.00 S Elbow Mounting Kits Each 6 I $ 74.66 $ 447,96 3 Spring Cushion Hangers Each 8 $ 118,75 $ 950.D0 10 Control r IMSA Traffic Metre 132 $ 424 $ 559.68 SUB TOTAL (A) $ 32„000.24 HST (13 %) (B) $ 41160.03 TOTAL PRiGE (A +B) $ 36,160.27 31 Schedule "coo dt ai .......... -------------------- F- ---------- - ------- --------- i. -- -------------- 10 ]up ptp I Its 32 REPORT TO COMMON N COTJNCIL M&C- 2012 -279 December 28, 2012 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Zoning Bylaw Amendment to Regulate the Keeping of Chickens BACKGROUND: City of Saint John An application was received by the City of Saint John in July of 2011 that proposed a Temporary Approval for the keeping of six chickens for a period of up to one year on a residential property on the City's East Side. Prior to applying for a Temporary Approval, the applicant had six chickens on his property for a short time. The applicant was approached by the Bylaw Enforcement division of the Building and Inspection Services department and was notified that the keeping of chickens on a residentially -zoned property was not a permitted use according to the City's Zoning By -law. Planning staff recommended that the applicant be granted a temporary approval to allow time for staff to assess the impacts over the course of one year, and research the benefits and/or drawbacks associated with the keeping of chickens in an urban context. The applicant was granted temporary approval by the Planning Advisory Committee in August, 2011. ANALYSIS: Research over the past year has revealed a number of Canadian cities that have gone through or are currently engaged in a similar review process regarding the keeping of backyard chickens. Staff have made several visits to the applicant's property and have come to the conclusion that the keeping of backyard chickens does not present health and safety issues to the community and is in keeping with W r M & C — 2012 — 279 - 2 - December 18, 2012 the direction established by P1anSJ. In fact, PlanSJ specifically identifies the need to support more urban agriculture in order to reduce our ecological footprint as a community and enhance food security. As a result of this review, it is recommended that the following amendments to the City's Zoning Bylaw be enacted: 1. Amending Section 810 by adding the following as subsection 14: "(14) Keeping of Chickens as a Secondary Use" (1) General Provisions (a) the keeping of chickens, as a secondary use to a dwelling, shall be permitted in the "RF ", "RFM" and "RS -1" zones. (b) Subject to (b), the keeping of chickens, as a secondary use to a residence, shall be permitted in the "RF ", "RFM", and all "R" zones except for "RM" and "MH" zones, subject to the following conditions: i. The number of chickens shall be limited to a minimum of two and a maximum of six. ii. A chicken coop must have a minimum of 0.37 square metres of coop floor area per chicken, and at least 0.92 square metres of roofed outdoor enclosure per chicken. iii. A chicken coop shall be considered as an accessory building and subject to the requirements set out in subsection 830(1). iv. Notwithstanding the setback requirements for accessory buildings in section 830(1) of the City's Zoning Bylaw, chicken coops shall be subject to a minimum side and rear yard setback of 3 metres, and shall have a minimum separation distance of 7.5 metres from any existing dwelling on an adjacent property. v. The owner of the chickens must reside on the parcel where the chickens are to be kept. vi. The keeping of male chickens (roosters) is not permitted. vii. The owner shall keep chickens for personal use only, and not sell eggs, manure, meat, or other products derived from chickens. (2) Chicken Coop Structure i. A chicken coop shall be enclosed on all sides and shall have a roof and door(s). Access doors must be able to be shut and locked at night. Opening windows and vents must be covered with predator- and bird - resistant wire of less than 2.5 centimetre openings. 34 M & C-2012-279 - 3 - December 18, 2012 ii. The owner shall provide and maintain in each coop at least one perch that provides at least 15 cm of space per chicken, and one nest box per chicken. iii. All chicken coops must be located only in the rear yard and must fully enclose the chickens to prevent them from escaping. (3) Sanitary Conditions L The owner shall store manure within a fully enclosed structure, and store no more than 0.1 cubic metres of manure at a time. ii. All stored food for the domesticated chickens must be kept either indoors or in a weather - resistant container designed to prevent access by animals. iii. The owner shall not slaughter, or attempt to euthanize, a chicken on the property. iv. The owner shall not dispose of a chicken except by delivering it to an abattoir, veterinarian or other facility that has the ability to dispose of chickens lawfully. V. No live poultry shall at any time be kept in a cellar or any part of any dwelling or any building used for continuous daily human occupation. RECOMMENDATION: That Common Council refer the proposed Zoning Bylaw Amendment to the PIanning Advisory Committee for its review and recommendation. Respectfully submitted, Ken orrest, MCIP, RPP Commissioner Planning and Development J. atrick Woods, CGA City Manager JK 35 January 2, 2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subiect: Hydrofrackine I am requesting that City staff provide information regarding what level of authority the municipality has with respect to limiting hydrofracking in the City. Motion: That the City Solicitor be directed to determine what authority the City has in regards to restricting access to lake /lands with respect to hydrofracking and whether the City has authority to draft an appropriate resolution. Respectfully Submitted, (Received via email) Councillor David Merrithew City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21- 41-1 1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 4L1 36 12.I REPORT TO COMMON COUNCIL M &C2013 -4 January S, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Robertson Lake Dam Upgrades and Latimer Lake Dam Assessment BACKGROUND -rye Cky of salm 3dm The approved 2012 Utility Fund Capital Program -Safe Clean Drinking Water category includes the following two projects: 1. Detailed design of the Robertson Lake Dam upgrades including a possible Environmental Impact Assessment. 2. Condition assessment and preliminary design of the Latimer Lake Dam and intakes. A Request for Proposal (RFP) was advertised for the following services for the above noted projects: ♦ Part A — Site Survey, Preliminary Investigation and Data Collection ♦ Part B — Preliminary Design, Cost Estimates and Design Report ♦ Part C — Public Consultation ♦ Part D — Detailed Design ♦ Part E — Tender Period Services, Materials Testing & Inspection, Redbook Notes and Record Drawings ♦ Part F — Construction Management PURPOSE The purpose of this report is to make a recommendation for consulting engineering services for these projects. 37 M &C2013 -4 January 8, 2013 Page 2 ANALYSIS With a comprehensive terms of reference document developed by staff, a public call for proposals was made for consulting engineering services. Submissions were received from three consulting engineering companies. A Review Committee of staff was selected to complete an analysis of all aspects of the submissions: ♦ Brian Keenan, P.Eng. Engineering Manager, Municipal Engineering ♦ David Russell, P.Eng. Municipal Engineer, Municipal Engineering ♦ Dean Price, P.Eng. Municipal Engineer, Municipal Engineering ♦ Cindy Calvin, C.P.P.B. Acting Manager of Materials Management Each member completed an independent review of the submissions, and a joint discussion was held to develop the final ranking of submissions. The Review Committee came to a conclusion on their recommendation, which follows later in the report. The evaluation process uses the expertise of a variety of staff from Purchasing and Engineering to ensure a thorough review of the various submissions. The work contemplated is very significant and vital to the City's drinking water system. Care must be taken to ensure that the necessary level of effort and expertise is being directed to the various tasks involved in the work, while still ensuring that costs to be incurred are appropriate and controllable. It is for these reasons that cost, although very important, cannot be the sole nor most critical deciding factor in making the selection of a consulting engineering firm. Proposals were received from three firms: • GEMTEC Limited, Saint John, NB • Dillon Consulting Limited, Saint John, NB • GENIVAR Inc., Saint John, NB As previously stated, the proposals were reviewed on the basis of the comprehensive and detailed terms of reference and their relationship to the following criteria: 1. Quality and Completeness — Does the proposal address all of the needs raised.? Is the proposal presented in an organized and professional manner? M &C2013 -4 January 8, 2013 Page 3 2. Consultant's Experience — Has the consultant demonstrated a level of expertise with the requirements of this project? 3. Experience of Employees /Sub- consultants — Has the consultant demonstrated a level of expertise for the employees of the company and sub consultants listed. 4. Methodology — Does the approach to the project outlined in the proposal address, in a realistic sense, attainable goals and is it in keeping with the City's expectations for the project? 5. Value Added — What additional information, technology, process or options has the consultant included in his proposal? Is there value added to the consultant's response for this additional information. 6. Cost — Is the price quoted in line with the City's estimate for the work and has it allowed for each aspect of the project to be adequately addressed? After careful, independent consideration of presentation, company experience, personnel and technical proposal, the Review Committee met to analyze the findings of each member. After completion of the "technical" evaluation, the financial proposals were opened and addressed. These had been submitted in separate, sealed envelopes. After due consideration the Review Committee selected the submission of GENIVAR Inc. as the best proposal based on an overall rating of the evaluation criteria - presentation, company experience, personnel, technical proposal and cost. The submission from GENIVAR Inc. met all of the requirements of the proposal call, in a manner acceptable to the committee, with a financial proposal that represents the lowest cost solution for the project. FINANCIAL IMPLICATIONS The proposed cost of work from GENIVAR Inc. to provide preliminary design services for the Latimer Lake project as well as preliminary design, detailed design and construction management services for the Robertson Lake project is $615,268 including the City's eligible HST rebate. This cost is based on an estimated 25 week construction management period for the Robertson Lake project. The proposed cost of the preliminary design component of these projects is $307,231 including the City's eligible HST rebate. An amount of $235,000 is included in the 2012 Utility Fund Capital Program -Safe Clean Drinking Water Category for these projects. The remaining $72,000 can be covered within the Safe Clean Drinking Water Program envelope under the 2013 Utility Fund Capital Program. M &C2013 -4 January 8, 2013 Page 4 Staff is recommending that it would be appropriate, at this time, to only complete the preliminary design portion of the work for both the Robertson Lake and Latimer Lake projects. The detailed design and construction management portion of the Robertson Lake project would be completed at a later date when construction funding is approved. POLICY — ENGAGEMENT OF ENGINEERING CONSULTANTS The costs incurred by the consultant will be paid in accordance with the terms of the Request For Proposal at the rates submitted and accepted in the consultants proposal not to exceed the Recommended Minimum Hourly Rates as contained in The Association of Consulting Engineering Companies — New Brunswick fee guideline. The Construction Management component of this project fee is based on an estimated 25 week construction period. The final fee will be calculated based on the actual construction management period. RECOMMENDATION 1. It is recommended that the proposal from GENIVAR Inc. for engineering services (design and construction management) for the Robertson Lake Dam Upgrades and Latimer Lake Dam Assessment project be accepted and that the Mayor and Common Clerk be authorized to execute appropriate documentation in that regard. 2. It is recommended that Common Council approve the allocation of $72,000 from the Safe Clean Drinking Water Program envelope of the 2013 Utility Fund Capital Program for the Robertson Lake Dam Upgrades and Latimer Lake Dam Assessment projects. Respectfully submitted, fl `. David Russell, P.Eng. Municipal Engineer Wm Edwards, P.Eng. Commissioner Transportation & Environment �� i Brian Keenan, P.Eng. Engineering Manager atrick Woods, CGA Manager } Canada Games Centre Aquatique Aquatic Centre = y 7eux du Canada Your Love of Swimming Starts Here;A November 28, 2012 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Canada Games Aquatic Centre Commission Response RE: Affordability... Thank you your letter dated October 23 regarding affordability. The Aquatic Centre encourages active living for all ages and abilities through its quality programs and services. There are a number of promotions /opportunities which enable the Greater Saint John Community to use the Aquatic Centre at a reduced cost or for free. The tot's toonie swim and the tropical swim have reduced admission fees and are offered twice per week. We also have reduced rates for families, students and seniors. Children under the age of 3 are free. A monthly family swim is also available and excess learn to swim capacity is donated to Prokids. The Aquatic Centre also promotes swim specials on a regular basis such BOGO and $1 off coupons. Healthy living is important for everyone and being active is an important component. The Aquatic Centre offers a number of free activities and free swims during Water Safety Week, The Aquatic Centre's Annual Open House, Winter Carnival and other special events. The Aquatic Centre continually strives to contribute to the health, welfare and well -being of the citizens of the surrounding communities. Thank you for the opportunity to bring these programs to your attention. Yours in Fitness and Health, Colleen Kemp- Mitchell Chair Canada Games Aquatic Centre Commission 50 Union Street, Saint John, New Brunswick E2L 1A1 * 50 rue Union Street, Saint —Jean, Nouveau - Brunswick E21L 1A1 Info Line/ Reseignemnets GeneauM(506) 558 -4737 www.a uatics. nb.ca st SAINT JOHN BOARD OF POLICE COMMISSIONERS PO Box 1971 Saint John, New Brunswick Canada EZL 4LI Bureau des Commissaires du Service de Police de Saint John C.P. 1979 Saint John Nouveau - Brunswick Canada E2L 40 CHRISTOPHER WALDSCHUTZ Chair / Prdsident MARY - EILEEN O'BRIEN Vice Chair/Vice President JONATHAN FRANKLIN Secretary/Secretaire MAYOR MEL NORTON Commissioner /Commissaire KAREN KEILLER Commissioner /Commissaire TIMOTHY CHRISTIE Commissioner /Commissaire GREG NORTON Commissioner /Commissaire WILLIAM G. REID Chief of Police/Chef de Police JACKIE FERRAR Executive Administrator/ Secretaire Administrative Telephone/Telephone: (506) 674 -4942 Fax/TLlecopieur.- (506) 648 -3304 E- mail/Courriel: policecommission4saintiohn. ca SAINT JOHN Explore our past/ Explorez notre pass6 Discover your future/ D6couvrez votre avenir January 9, 2013 M &C 2013 -03 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: Re: Response to Council Resolution respecting Sex Trade Workers In response to Council's resolution on November 13, 2012 we wish to advise that the following resolution was adopted at the Saint John Board of Police Commissioners meeting on Tuesday, January 8, 2013. "RESOLVED that the Saint John Board of Police Commissioners advise Common Council that it is not feasible, lawful or ethical to use existing City By -laws such as the Sidewalk By -law and Traffic By -law to be more proactive in removing sex trade workers from the Uptown area; and that a copy of this report be included as reference." A copy of the report which was considered by the Police Commission is attached for reference. Respectfully submitted, Christopher Waldschutz Chairman Saint John Board of Police Commissioners Ijaf encl. 42 REPORT TO SAINT JOHN BOARD OF POLICE COMMISSIONERS COMMITTEE OF THE WHOLE January 08, 2013 Mr. Christopher Waldschutz, Chairman and Members of the Board of Police Commissioners Chairman Waldschutz and Members: SUBJECT Report on Common Council Resolution respecting Sex Trade Workers BACKGROUND 1A fit- F - ' - A resolution was received at the December 04, 2012 meeting of the Saint John Board of Police Commissioners "that Common Council request that the Saint John Police Commission submit a report within 30 days regarding the feasibility of using existing City By -Laws such as the Sidewalk By -Latin and Traffic By-law to be more proactive in removing prostitutes from the uptown areq specially on Cliff Street, Coburg Street, Paddock Street, Peter Street, Garden Street and Waterloo Street." The Board has — by resolution — referred the Common Council request to the Chief of Police, requiring a report for the next meeting of the Board. At the same meeting, the Board heard presentations on the subject from representatives of AIDS Saint John and from Councilor Fullerton. Beyond the specifics of the Common Council request, the presenters and the Board members were unified in their concern for the public safety and quality -of -life of all those involved. THE LEGISLATIVE, JUDICIAL & STRATEGIC CONTEXT Enforcement by the Saint John Police Force is enabled and bounded by legislative (e.g., Criminal Code), judicial (e.g., case law) and strategic directives. The Criminal Code (legislation) does not prohibit adult prostitution (that is, prostitution per se is not illegal) yet many of the activities surrounding it are, making it difficult to engage in prostitution without committing a crime. "As a result, persons selling sexual services or coerced 43 Mr. Christopher Waldschutz, Chairman and Members of the Board of Police Commissioners January 08, 2013 Page 2 Subject: Report on Common Council Resolution respecting Sex Trade Workers into adult prostitution in Canada risk criminal sanctions for engaging in an activity that is not itself illegal. Those most likely to be criminalized are primarily vulnerable women facing various difficulties including poverty, homelessness and drug dependency. They also engage in the most dangerous type of prostitution, street prostitution".' The activity cited in the Common Council resolution is primarily linked to street prostitution in the identified areas. The only sections of the Criminal Code that address adult prostitution (Sections 210 -213) forbid communication for the purposes of prostitution in a public space; keeping or occupying a bawdy house; or procurement. It is significant that Criminal Code limitations on solicitation (the sex trade), and the absence of further limitations on the sex trade under the Criminal Code, effectively preclude the use of Provincial legislation or regulation (including municipal by -laws or regulation) to address the sex trade. It is a fundamental tenet of the Canadian Constitution Act that constitutional distribution of legislative powers — in order of precedence — assigns powers of national interest to the Parliament of Canada (including criminal law); powers of local nature to Provincial Legislatures; concurrent and shared powers between the two Ievels of government (old age pensions, immigration, agriculture, environment and health); and residuary powe conferred on the federal parliament (...the power to make laws for the peace, order and good government of Canada, in relation to all matters not coming within the classes of subjects not assigned exclusively to the Legislatures of the Provinces.) In short, because the Criminal Code addresses prostitution, only federal powers under the Act can address prostitution. The judicial context of law enforcement is formulated through case law ...a system of jurisprudence based on judicial precedents rather than statutory laws. To the point at hand, "Westendorp ( ... v. The Queen, [19831 1 S.C.R. 43) was a decision of the Supreme Court of Canada on the Constitution's criminal law power. A unanimous Court found that a municipal -by law, which prohibited standing in the street for the purpose of prostitution, was struck down as ultra vires of the provincial government as the law was found to be one of criminal law ... its true purpose was not to keep the streets safe but to control or punish prostitution. "2 From a strategic perspective, the Saint John Police Force looks to the Mission Statement and Intelligence -Led Policing business model of the Business Plan. The Mission Statement of the Police Force (capturing the essence and ethics of the Force in the fewest possible words) is Police and the Community Working Together for a Safer Saint John. "... We Serve and Protect — with Respect" Respect is extended equally to all those served by the Force: residents, visitors, business owners, victims and offenders. Status under the law does not confer or diminish respect for the individual; respect is an essential element of civil society and ethical policing. 44 Mr. Christopher Waldschutz, Chairman and Members of the Board of Police Commissioners January 08, 2013 Page 3 Subject: Report on Common Council Resolution respecting Sex Trade Workers The operational side of the strategic context is expressed by the Force's Intelligence -Led Policing (ILP) business model. The ILP business model very successfully focuses on crime reduction through a process of evidence based analysis, definition of the crime problem, identification of the root cause(s) of the crime problem, implementation of crime reduction strategies to resolve the crime problem and root causes of the problem, and evidence based evaluation to determine if additional strategies should be layered upon earlier strategies. ILP strategies are often determined and implemented in cooperation with community partners, and may include initiatives that extend beyond traditional policing. The maxim `Law enforcement whenever necessary, but not necessarily law enforcement' has been aptly coined by the Force to describe this progressive policing paradigm. ABOUT SEX TRADE WORKERS IN SAINT JOHN Police Force knowledge about the nature and circumstances of sex trade workers in Saint John is informed through enforcement activities; victim services; partnership with prevention, education, advocacy and support agencies such as AIDS Saint John and STAC (Sex Trade Action Committee); calls for service; research and analysis. In the end, it is the face -to -face interaction with the street based sex trade worker that is most informative and most compelling. Often the street based sex trade is described as `survival sex', meaning that it is prostitution engaged in by people in extreme need — who are homeless or otherwise disadvantaged in society; trading sex for food, a place to sleep, or other basic needs, or for drugs ...or for money to satisfy those needs. Street prostitution is also often recognized as the most dangerous type of prostitution. In combination `street prostitution as survival sex' is in many ways more of a safety and social problem for the sex trade worker, than a crime problem for the community (although it may also be a crime problem.) AIDS Saint John advises that the top three issues driving street based sex trade are addictions, mental health, and poverty. From that perspective street based sex trade is a symptom of social problems — the root cause of which are addictions (access to treatment), mental health (treatment and support), and poverty (particularly access to affordable housing.) The Honourable Wally Oppal — in his Report of the Missing Women Commission of Inquiry — arrives at a similar conclusion when he states "there are symbiotic relationships between poverty, drug addiction and the survival sex trade. "3 (p. 24) The Saint John Police Force Intelligence -Led Policing experience indicates that addressing the root cause of social and crime problems is the most effective and sustainable way to reduce social and crime problems. Gabor Mate — a Canadian physician and bestselling author, with a focus on understanding the broader context in which human disease and disorders arise -- notes that many addicts that are sex trade workers do so exclusively to finance their habit. "Many addicts could work at productive jobs if the imperative of seeking illegal drugs did not keep them constantly on the street. "4 The Saint John No -Wait -List Maintenance Methadone initiative is a measure that has 45 Mr. Christopher Waldschutz, Chairman and Members of the Board of Police Commissioners January 08, 2013 Page 4 Subject: Report on Common Council Resolution respecting Sex Trade Workers resulted in significant crime reduction (perhaps for the reasons cited by Dr. Mate), although the effectiveness of the initiative is now being compromised by the specter of a growing wait list. AIDS Saint John estimates that there are 35 -55 women engaged in the street based sex trade, with a consistent core of approximately 20 active sex trade workers. Localized support services have been relatively effective in assisting women attempting to leave the sex trade. A key component that is still unresolved is the provision of a bridging program — providing stable housing and support on the path to stable employment. Dr. Leslie Jeffrey of UNBSJ and President of AIDS Saint John advises "there has been an epidemic of violence against sex workers around the world and across Canada, particularly for street based workers." 5 In Vancouver 51% of sex trade workers have been assaulted in the past year. Police crack -downs (enforcement) tend to increase vulnerability and victimization of sex trade workers because it forces them to frequent less visible and less safe locations. Since 2009 city -wide there were 32 prostitution related Criminal Code offences in Saint John. The Police Force focus has been focused on crime reduction and addressing the root cause of the crime and social problem. During the three year period from December 2009 to December 2012 there were 61 assaults within the Waterloo `village' area — all occurring at or near parking lots, open areas or streets (i.e., not indoors), and therefore likely related to sex trade or drug activity. The Report of the Missing Women Commission of Inquiry (the Oppal Report) concludes "there is a clear correlation between law enforcement strategies of displacement and containment and increased violence against women engaged in the sex trade. Their marginalized status ...resulted in the women being seen as "nobodies" in the eyes of much of society. Often they were treated not as persons at all, but as "sub - humans" diminished in the eyes of many by their "high -risk lifestyle" ...their devalued social status made them the target of predators." (p.25) ANALYSIS From a legislative and judicial perspective, the application of "existing City By -laws such as the Sidewalk By -law and the Traffic By -law to be more proactive in removing prostitutes from the uptown area" is clearly invalid — that is, ultra vices or beyond the powers of a municipal entity. Limitations on and enforcement of prostitution (the sex trade) are solely the domain of the Parliament of Canada, and legislation and regulations thereof. This has been confirmed by case law, and — in Westendorp v. The Queen, [1983] 1 S.C.R. 43 — was extended to invalidate any Provincial (and therefore municipal) action where "the true purpose [is] not to keep the streets safe but to control or punish prostitution." Currently the Supreme Court of Canada has consented to hear a constitutional challenge (an Ontario Court ruling) that "struck down a law that outlaws brothels, and modified another law against "living off the avails" of prostitution, but upheld an effective ban on street prostitution. The Supreme Court also agreed to maintain a stay on the Ontario court's ruling, which means that current laws should stay in effect until the top court has ruled. ,6 The Saint John Police Force 46 Mr. Christopher Waldschutz, Chairman and Membcrs of the Board of Police Commissioners January 08, 2013 Page S Subject: Report on Common Council Resolution respecting Sex Trade Workers will continue to enforce the respective sections of the Criminal Code as necessary, pending a decision of the Supreme Court. Evidence indicates that street -based survival sex is the most dangerous type of prostitution, and is largely driven by addictions, mental health issues and poverty. Enforcement initiatives alone (police `crack - downs') tend to increase vulnerability and victimization of sex trade workers because it forces them to frequent less visible and less safe locations. As discussed in his report on the Missing Woman Commission Inquiry, the Honourable Wally Oppal acknowledges the Vancouver Police Department's (VPD) law enforcement strategy on "tolerance zones." "Responding to pressure from residents, business owners and municipal politicians who could not tolerate the nuisances created by the street -level sex trade, the VPD pursued a strategy of containing the women into more remote and unsafe parts of downtown Vancouver. Through this strategy, the sex trade was displaced but not eliminated. One can understand the concerns of the residents, but the women became unwitting victims of the law enforcement strategy. The unintended consequence was that police create a space for the survival sex trade to exist where the women were violated, often with impunity." (p.66) This displacement strategy essentially put an already vulnerable and marginalized group of woman at further risk. The Police Force Intelligence -Led Policing experience indicates that addressing the root cause of social and crime problems (addiction, mental health, and poverty) is the most effective and sustainable way to reduce social and crime problems. This is consistent with the Force's "Serve and Protect, with Respect" Mission Statement; it reflects concern for the safety and quality -of -life for all: residents, visitors, business owners, victims and offenders. Given the limited number (20) of active sex trade workers in Saint John, there is a strategic opportunity to successfully engage with community partners in addressing root causes and reducing the crime and social problems. CONCLUSION On the question posed by resolution of Common Council, it is neither feasible nor lawful to use existing City By -Laws such as the Sidewalk By -Law and Traffic By -law to be more proactive in removing prostitutes from the Uptown area. There is a strategic opportunity to successfully engage with community partners in addressing root causes and reducing the crime and social problems associated with street -based sex trade in Saint John. The Saint John Police Force has already engaged with community partners for strategic interventions. Common Council may also wish to engage with community partners for strategic interventions; this is a role that Common Council could serve with distinction. Respectful balancing of the safety and quality -of -life interests of residents, visitors, business owners, victims and offenders is necessary but challenging. The 2006 Report of the Select Committee on Solicitation laws noted that examination of the law "revealed significant elements of agreement and disagreement with respect to the appropriate legal and social response to prostitution, probably reflecting the conflicting views of Canadians more broadly." Consensus 47 Mr. Christopher Waldschutz, Chairman and Members of the Board of Police Commissioners January 08, 2013 Page 6 Subject: Report on Common Council Resolution respecting Sex Trade Workers building is needed nationally and locally (p. 92.) Dr. Mate has stated "Not every story has a happy ending ... but the discoveries of science, the teachings of the heart, and the revelations of the soul all assure us that no human being is ever beyond redemption. The possibility of renewal exists so long as life exists. How to support that possibility in others and in ourselves is the ultimate question." Saint John is the type of caring, progressive and respectful community that can resolve that question. The request by Common Council allows an opportunity to shine a light on the most effective solutions. Speaking on his Report of the Missing Women Commission Inquiry, the Honourable Wally Oppal emphasized that the missing women were treated as "nobodies" by police and the community. This is not a criticism we want applied to Saint John. Much of this report quite correctly speaks of alternatives to enforcement when addressing the street -based sex trade in Saint John. Enforcement is such a blunt tool, when much greater precision and nuance is often required. But to be clear, the Force will engage in enforcement when it is the least -harms and most effective solution. Again ...law enforcement whenever necessary, but not necessarily law enforcement. RECOMMENDATION That the Saint John Board of Police Commissioners advise Common Council that it is neither feasible nor lawful to use existing City By -laws such as the Sidewalk By -law and Traffic By- law to be more proactive in removing prostitutes from the Uptown area, and that a copy of this Report be included as reference. C Report of the Subcommittee on Solicitation Laws; 2006. The Challenge of Change: A study of Canada's criminal prostitution laws. House of Commons Canada. pg.i 2 Wikipedea. Westendorp y. The Queen. Referenced December 21, 2012 at http: / /en.wikipedia.org /wiki /Westendorp v. The Queen 3 Oppa1, W. (2012). forsaken: The report of the Missing Women Commission of inquiry; Executive Summary. 4 Mate, G. (2008). In the Realm of Hungry Ghosts. Close encounters with addictions. Toronto: Vintage Canada. pp. 306 -307 S Jeffrey, L. (2012). Presentation at Saint John Board of Police Commissioners; December 04, 2012. 6 Reuters. Canada's top court lets prostitution challenge proceed. Referenced December 22, 2012 at http: / /ca. reuters. com / article/ domesticNews /idCABRE890llL20121025 Sculpture SAINT JOHN Mayor Mel Norton Members of Common Council RECEIVED COMMON CLERK'S OFFICE JAW 10 2013 CITY OF SAINT JOHN Sculpture Saint John PO Box 20090 RPO Brunsveick Square Saint John. NB E; L 5B2 ..,. ^,�.Scuiptu:cSautlJniut.�. m Twitter - -�sculpturesj Facebook sculpfuresaintjohn On behalf of the organizing committee for Sculpture Saint John, and the Board of Directors for New Brunswick International Sculpture Symposium, I would like to thank you and the City of Saint John for their generous support of the 2012 Sculpture Saint John symposium. Sculpture Saint John was successful beyond everyone's expectations and we have covered all of our expenses with either cash or in -kind donations from a multitude of generous donors. Preliminary planning has already begun towards the 2014 Sculpture Saint John symposium and there is a growing list of communities wanting to participate that stretches from St. Andrews to Hampton. The next event will have an expanded "Education Component" and there will be other additions and changes that will see Sculpture Saint John's scope expand. This was an amazing first -time event and many thanks go to the City of Saint John. I would like to let you know that many departments within the city went above and beyond to assist us during the event. I would be remiss if I didn't point out some of these departments and individuals. - City Manager, Pat Woods was very supportive and offered many in- kind services - Fire Chief Kevin Clifford offered the services of the Fire Department in any way that they could help, making available their equipment and fire fighters - Mark Seely and his crew helped in numerous ways especially with disposing of the unused granite on a regular basis and the major cleanup at the end of the symposium. Other departments played significant roles as well, Fleet Services, City shops and Leisure Services. Basically, any time something was needed during the symposium, the city employees stepped up and ensured the job was done. It was such a pleasure working with the many city staff and I hope we will have the opportunity to work together again for the next symposium in 2014. Thank you again for helping to make Sculpture Saint John such a success. Sincerely, Diana J Alexander, Chair New Brunswick International Sculpture Symposium Sculpture Saint John 5VLToV 0 C*% K" YL' tA I NTO SCULPTURE SAINT JOHN'S MAJOR SPONSORF New'4�� Nouveau -d COLLEGE WORKS C MAKE ITWORKFOR YOU. funswiaB C I WATERFRONT xerox Thankyoul sculpture SAINT IONN Scul ptu ieSainthh n.com 1 0 SOURCE 973�*e ATLANTIC Z BRUNSWICK WILU A SIR JAMES DUNN L,J UNB The Hardman Gmup Limited CENTENNIALTRUST ANONYMOUS Hickey Bros. (R) V4GHT A 0.-w , Kl� ... p DONOR Hyunimi ro all of our sponsors, supporters and volunteers. 51 SCULPTURE SAINT JOHN 2012 Interesting Facts Lead -Up • 150 artists from 47 countries around the globe applied to participate in Sculpture Saint John; • 18 applicants vied for the six apprenticeship positions; • Over 300 tons of raw granite were set aside for the artists to choose from in two local quarries; • 120 tons of raw granite and basalt were chosen by the artists and eventually transferred to the waterfront site. Site • 35,650 people visited the site over the six week period making this the largest artistic event in New Brunswick this year; • 25 local school classes visited the site; • a group from McGill Architectural School made Sculpture Saint John a planned visit while on course in New Brunswick; • 75 volunteers gave tours to groups of varying sizes throughout the event; • the site had to be closed for inclement weather only one day in the six week period; • Over 80 hours of crane use was required to lift, reposition and eventually transfer the six sculptures to their permanent homes. Sponsorship/Fundraising • Over $15,000 in small bills and change was collected at the site in a free -will donation box; • The seven top donors exceeded the level we had set ($20,000) in either their cash or their in -kind donation; • There were 82 categorized donors and many others who gave donations below $100; • Volunteers gave countless hours of uncalculated time and talent in a myriad of ways; Other • There were 13883 visits to our website during the event, 8414 unique visitors, 50890 page views and an average time on the site of 3.01 minutes; • Visitors came from almost every province and US state as well as countries including Germany, Japan, Ireland, France, Australia, Italy, Puerto Rico, Brazil, Saudi Arabia and Scotland; • CTV did a special Live at 5 broadcast from our site 52 • Each of the six community partners had a dedicated day on site to feature their community • Three of the communities ( Grand Bay Westfield, St George and Quispamsis) received their first piece of public art through the symposium .•W sculpture SAINT JOHN August 2 - September 15, 2012 A Project of New Brunswick International Sculpture Symposium Inc. yin FA Y � January 10, 2013 To The Mayor and Council of the City of Saint John, On a recent radio program, I was very impressed with the description which Bobby Hayes provided of what the Joshua Group does for at -risk youths of the city. As part of his presentation he gave thanks to the local union members for the donated labour which will they will provide to help bring the building on Sandy Point Road up to code in order that a safe building is available. I respectfully request that the City of Saint John consider providing in -kind support in the form of the required building permit being issued at no cost to the Joshua Group. I feel that that the work which the Joshua Group does for these kids will benefit the city in the long run as I'm sure these kids will grow to be good citizens. Yours truly, r / Kirby Lucas 49 Regent Street Saint John, NB LoLocal M I �F �rA� P.O. Box 54 Saint John, N.B. Saint John Fire Fighters' E2L 3X9 1aff771@nbnet.nb.ca Association Mayor Norton and Common Council List of our 2013 Executive Members PRESIDENT: Paul Stackhouse RECORDING SECRETARY: Larry Cook SECRETARY TREASURER: David Johnston VICE PRESIDENT: Peter Alexander VICE PRESIDENT: Peter Collings Regards, Larry Cook Larry Cook Recording Secretary Local 771, IAFF 56 January 10, 2013 Actionable Resolutions - Reflecting up to the January 7, 2013 Council Meeting Date Made Resolution Councillor Staff Status RESOLVED that city staff bring forward a recommendation to Common Council on the feasibility of implementing anti - whistling legislation which would limit the use of train horns during specific hours in locations where railway crossings are in close proximity to residential neighbourhoods and people are subsequently 6/9/2008 affected. Donnie Snook City Manager Incomplete RESOLVED that the submitted letter from Karen Kincade dated October 21, 2008 be formally referred to the Ability Advisory Board for a full and comprehensive report on all of the various topics; and further, that upon request, City staff provide the Council's Ability 12/22/2008 necessary support to the Advisory Committee; Joe Mott Advisory Board Incomplete RESOLVED that the City Manager bring forward a report to Council, outlining the mandates and /or justification for the various commissions, boards and committees of common council and subsequently make recommendations on how we could create greater efficiencies by reducing the number of commissions, boards and committees of Council through the elimination and /or consolidation of any of these bodies and 1/12/2009 through the establishment of clear reporting procedures. Donnie Snook City Manager Incomplete RESOLVED that the letter from Councillor Killen dated January 21, 2009 regarding an exemption from flat rate water use increases be referred to the City manager and the City Solicitor for a report City Manager and 1/26/2009 and recommendations. Carl Killen City Solicitor Incomplete RESOLVED that the priorities outlined in the presentation from the Ability Advisory Committee be referred the Acting City Manager for a report and recommendation, and further, that the report include a review of the City of Saint John's workforce and 8/31/2009 1human resources practices to ensure inclusion /diversity practices. n/a ICity Manager lIncomplete 57 Date Made Resolution Councillor Staff Status RESOLVED that Council consider strengthening whatever by -laws exist that safeguard monuments and public spaces, specifically that sitting, standing, skate - boarding and /or other activities be prohibited on monuments; that signage be erected that indicates such prohibitions; that consideration be given to some form of general prohibition on loitering, the details to be provided in a report on the issue developed by the City Manager in 9/29/2009 consultation with the City Solicitor and with the police. Carl Killen City Manager Incomplete RESOLVED that the City Manager be directed to develop a policy framework which will allow City Staff to work safely within the area of community engagement forums, and further, that a report and recommendation be submitted to Council by June 1, 3/29/2010 2010. Peter McGuire City Manager Incomplete Staff report back to Council with the results of the Environmental Impact Assessment and a plan for phased implementation of the 5/25/2010 detention ponds and remaining Associated Works. n/a City Manager Incomplete Direct that a multi disciplinary staff team, including the City Solicitor, examine the existing legislative context in light of the proposal set out herein and identify any amendments which might be required to realize this proposal; and, additionally, that the nature and scope of authority of a public utilities commission, together with its terms of reference, guiding principles, stewardship responsibilities and relationship with Council, be 7/19/2010 articulated for submission to and consideration by Council. n/a City Solicitor Incomplete RESOLVED that the City Manager report back to Council in one month's time with a short term and long term plan for the enhancement of the green space area adjacent to the Martinon 9/13/2010 lCommunity Centre. I Peter McGuire ICity Manager lincomplete 58 Date Made Resolution Councillor Staff Status RESOLVED that the City Manager and the City Solicitor be directed to investigate the feasibility of creating a deferral payment plan, or other options, for citizens who cannot afford to City Manager and 12/20/2010 pay for future water utility increases. n/a City Solicitor Incomplete RESOLVED that the City Manager explore the feasibility of creating an "After Hours" PALS program support model for the City of Saint John's Community Centres in order to ensure that children and youth have an increased level of mentorship, support, and recreational opportunities. The goal is to ensure there are sustainable and enhanced programs in our community centres through the establishment of creative partnerships with 1/4/2011 local businesses. Donnie Snook City Manager Incomplete RESOLVED that the City Manager direct the appropriate City of Saint John staff to open discussions with the owners of the listed properties on Manawagonish Road to begin the process of remediation, with a forthcoming report updating Common 2/14/2011 Council. Peter McGuire City Manager Incomplete RESOLVED that as recommended by the Committee of the Whole (Closed Session), the City Solicitor or his designate be authorized to commence legal proceedings against the Town of Rothesay before the Court of Queen's Bench of New Brunswick arising from the Town of Rothesay's breach of a 1996 Agreement between its predecessor, the Village of Renforth, and The City of Saint John respecting the supply of water by The City of Saint John to the areas known as Kennebecasis Park and Hastings Cove 2/14/2011 in the Town of Rothesay. n/a CitySolicitor Incomplete 59 Date Made Resolution Councillor Staff Status Seek appropriate cost sharing agreements with the Province of New Brunswick and the Government of Canada for total Program funding over four years (2012 to 2015) of $172,300,000 (or approximately $57,433,000 from each funding 4/11/2011 partner) n/a City Manager Incomplete RESOLVED that the letter from Councillor Farren entitled By -Law to Prevent the Feeding of Deer Within City Limits be referred to 5/24/2011 the City Solicitor for a report and recommendation. Bill Farren City Solicitor Incomplete RESOLVED that as recommended by the City Manager in the submitted report M &C 2011 -149: Glen Falls Flooding and Residential Relocation, Common Council: 3) Reviews the Flood Risk By -law as it may be applied to the flood risk area identified in the forebay; reviews By -law for changes to prevent further residential construction in the flood risk areas; revises flood risk areas based on Stormwater Management 6/20/2011 Strategy model; n/a City Solicitor Incomplete RESOLVED that the City Manager be directed to examine every option to find the funds for the noted repairs at Seaside Park and report back to Council as soon as possible so these repairs can 7/4/2011 move ahead in 2011. Bill Farren City Manager Incomplete RESOLVED that Council refer to the City Manager for a review, recommendation (and, if recommended implementation prior to the end of September 2011) on a trial basis the installation and broadcast of a live webcam feed from Rockwood Park and Rainbow Park with a view to establishing similar webcam feeds 7/4/2011 from other popular Saint John locations. Mel Norton City Manager Incomplete RESOLVED that the submitted letter from the Leisure Services Advisory Board be referred to the City Manager for a report and 7/4/2011 recommendation. n/a City Manager Incomplete .1 Date Made Resolution Councillor Staff Status RESOLVED that the City Manager review the steps necessary for direct investment from the General Fund in clean water infrastructure in Saint John, and how the payment of this investment can be generated beyond the water ratepayers, and 8/15/2011 to report back to Council on this matter. Mel Norton City Manager Incomplete RESOLVED that the matter of chalk art and busking on the City streets and sidewalks be referred to the City Manager and City City Manager and 9/12/2011 Solicitor for a report and recommendation. Ivan Court City Solicitor Incomplete RESOLVED that the City Manager be directed to explore the possibility of establishing a closer financial relationship with the Parking Commission whereby the City could potentially receive 9/12/2011 revenue from on- street and off - street parking. n/a City Manager Incomplete That the City give written notice to the New Brunswick Power Nuclear Corporation and the New Brunswick Power Holding Corporation in the submitted form of the City's desire to negotiate a new or replacement agreement to the agreement executed on November 2nd,1999 between the City and the New Brunswick Power Corporation respecting the City's provision of fire protection services on the latter's behalf at the Point Lepreau Nuclear Generating Station in accordance with Article 5 thereof (the "1999 Agreement "), and further Common Council direct the Acting Fire Chief or his designate, in collaboration with the City Solicitor or his designate, to negotiate and draft a new or replacement agreement to the 1999 Agreement with the appropriate corporate entity for the subsequent consideration of Common Council and such City Manager and 10/3/2011 jappropriate corporate entity. I n/a ICity Solicitor lincomplete 61 Date Made Resolution Councillor Staff Status RESOLVED that the Common Clerk forward all previously submitted reports regarding Safe Clean Drinking Water and all future reports on the subject to the local provincial caucus and to 10/24/2011 MP Rodney Weston. n/a Common Clerk Incomplete That the letter from Kirby Lucas regarding parking on Regent 11/7/2011 Street be referred to the City Manager. n/a City Manager Incomplete Commissioner of Refer this report to the Commissioner of Finance for an Finance and affordability analysis of the PS &I Plan Version 2 and financial Administrative 11/7/2011 recommendations; n/a Services Incomplete That Common Council direct the City Solicitor to commence the process of revising the By -law in a manner that incorporates the 12/5/2011 Ireform recommendations outlined in this report; I n/a ICity Solicitor lincomplete 62 Date Made Resolution Councillor Staff Status That the Advisory Committee be immediately tasked with studying and making recommendations to Common Council regarding: (1) the setting of the technical /operational requirements of the meters to be used in the Taxi Industry, and (2) the setting of a program to inspect and test the integrity of meters and to develop a system that renders meters "tamper proof ". Once the work of the Advisory Committee is carried out, Common Council will consider the resulting recommendations and direct the City Solicitor to incorporate, where necessary, the recommendations of the Advisory Committee into the By -law. That the Advisory Committee be immediately tasked with studying and making a recommendation to Common Council regarding the curriculum and implementation of taxicab driver training program. Once the work of the Advisory Committee is carried out, Common Council will consider the resulting recommendations and direct the City Solicitor to incorporate, where necessary, the recommendations of the Advisory Advisory 12/5/2011 Committee into the By -law. n/a Committee Incomplete That the Chief of Police and the City Solicitor to be directed to review the administration and enforcement requirements under the By -law and advise Common Council of the resources required to properly carry out these functions. The purpose of this exercise will be to ensure that the license fees charged under the By -law Police Commission 12/5/2011 will achieve cost recovery for administration and enforcement. n/a and City Solicitor Incomplete 4) Follows up to determine the current storage space available in 6/20/2011 the forebay area; n/a City Manager Incomplete 63 Date Made Resolution Councillor Staff Status 5) Prepares a comprehensive program of inspection and 6/20/2011 maintenance for Marsh Creek Drainage system; n/a City Manager Incomplete 6) Updates a flood response contingency plan in the event of flooding with warnings and public communications for severe 6/20/2011 events — through Saint John EMO; n/a City Manager Incomplete 7) Engages the services of a consultant to determine the benefit and feasibility of constructing detention reservoirs on Kelly Lake 6/20/2011 and Ashburn Lake and models the performance of Majors Brook n/a City Manager Incomplete 8) Consults with the YMCA (owners) concerning Ashburn Lake to determine interest in possibly re- building an outlet control structure for the dual purposes of the recreation facility and flood 6/20/2011 water storage; n/a City Manager Incomplete 9) Consults with appropriate staff of other government levels (eg NBEMO) regarding flood assistance and other programs that may 6/20/2011 be pertinent to this situation; n/a City Manager Incomplete 10) Consults with owners (Irvings) of the forebay lands to City Manager and 6/20/2011 determine current status; n/a City Solicitor Incomplete 11) Develops a feasible assistance program for private property owner based on an appropriate cost sharing model and pursue tri 6/20/2011 level government support; n/a City Manager Incomplete 12) Directs the City Solicitor to review the legal ownership of the creek system and physical structures and responsibilities arising therefrom for maintenance and efficiency performance in 6/20/2011 Icarrying flows. I n/a ICity Solicitor Incomplete 64 Date Made Resolution Councillor Staff Status RESOLVED that report dated December 9, 2011 entitled Consultant's Report — Fleet Evaluation Project, and the Executive Summary from Mercury Associates, be referred to the City Manager and Fleet Staff with a directive to report back to Council with; a) The development of a comprehensive fleet utilization and replacement policy, b) The development of a business model that will see the complete recovery by the Fleet Services Division of their operating costs while providing sufficient funding from the annual operating budget to facilitate a stable and sustainable fleet replacement program, c) The development of a Fleet operational model that will support an efficient and effective division that will work cooperatively with the user departments to provide them with the information they need to determine the most cost effective levels of service they can provide with the available assets, and d) To create a process for the periodic review of the size, configuration and effectiveness of the fleet related to service 12/12/2011 delivery. n/a City Manager Incomplete RESOLVED that the City Manager be directed to submit a plan and recommendation so as to bring the City of Saint John's water and sewerage rates within the average cost of communities in New Brunswick, within a defined period of time, including a review of other similarly situated municipalities throughout Canada, including comparators in terms of the technology of water and wastewater systems along with scenarios based on cost sharing 12/19/2011 land non -cost sharing models projecting out to 2025. 1 n/a ICity Manager lIncomplete 65 Date Made Resolution Councillor Staff Status RESOLVED that the City Manager be directed to ensure that necessary and appropriate steps are taken to communicate Council's support with regard to the proposed tax relief measures for public transportation systems in New Brunswick as outlined in Councillor Snook's submitted letter entitled Public Transportation Tax Reforms, Generation of New Revenue for Transit and 1/3/2012 Innovative Transportation Solutions. Donnie Snook City Manager lincomplete RESOLVED that the City Manager be directed to explore potential City Manager, partnerships /funding for the creation of innovative transportation Parking options in the City of Saint John; and further that this be referred Commission and 1/3/2012 to the Parking Commission and to Enterprise Saint John. Donnie Snook Enterprise SJ Incomplete RESOLVED that Council direct the City Manager to draft a governance policy on the appropriate use and non - appropriate use of City owned vehicles; and further, that this draft report be presented to Council no later than the first Council meeting of 1/3/2012 March 2012. Bill Farren City Manager Incomplete That the request to present by the Saint John Port Authority be 1/16/2012 referred to the Common Clerk for scheduling. n/a Common Clerk Incomplete RESOLVED the report entitled M &C 2012 -013: Traffic Line Painting Truck be tabled and the City Manager be directed to investigate whether the neighbouring municipalities would be interested in cost - sharing the traffic line painting truck; and further, that the cost of contracting out the service also be Common Clerk and 1/16/2012 1 investigated. I n/a lCity Manager lIncomplete .. Date Made Resolution Councillor Staff Status RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -20: Traffic Line Painting Future Service Delivery: 1. Delay the purchase of updated traffic line painting equipment and salting /sanding attachment, and 2. Direct the City Manager to complete a detailed Traffic Line and Marking Service Outsourcing Decision review and recommend a 1/30/2012 service delivery model to Council in 2012. n/a City Manager Incomplete That the letter from the Saint John Ability Advisory Committee 2/13/2012 regarding Transportation be referred to the Transit Commission. n/a Saint John Transit Incomplete That as recommended by the City Manager in the submitted report M &C 2012 -046: Space Needs Analysis: 1. That The City of Saint John accept Ashford Properties Inc.'s offer to perform, for the City, a space use optimization analysis for the City's leasable area at City Hall; and further 3/12/2012 2. That Staff report back to Council upon receipt of the Report. n/a City Manager Incomplete RESOLVED that the submitted letter from the Cities of New Brunswick Association, dated February 14, 2012, regarding the adoption of a by -law respecting Jacob brakes be referred to the 3/26/2012 City Solicitor for a report. n/a City Solicitor Incomplete RESOLVED that item 11.2 Graffiti from the Common Council agenda of March 26, 2012, be referred to the City Solicitor with a view to preparing a report and recommendation on the implementation of the graffiti management by -law for the City of 3/26/2012 Saint John. Mel Norton City Solicitor Incomplete 67 Date Made Resolution Councillor Staff Status Common Council convene a Water Committee Meeting with provincial and federal counterparts. The meeting would provide an opportunity to exchange updates on the Safe, Clean Drinking Water Program, and inquire as to whether the Government of Canada is able to fund 50 percent of the costs to conduct the P3 Business Case and value for Money Study, and finally, to determine the level of support and cooperation from the 4/10/2012 Government of New Brunswick. n/a City Manager Incomplete RESOLVED that scenario four in the submitted report entitled Sport Field Fee Increases proposing an hourly sports field rate structure of $23.00 per hour for adults and $2.00 per hour for youth, be approved by Council; and that as recommended by the City Manager in said report, staff be directed to consult with members of the public and stakeholder groups about an overall policy guiding decisions on sport user fees and bring same back to 5/7/2012 Council for consideration. n/a City Manager Incomplete RESOLVED that the funding for lifeguards at our beaches previously withdrawn be re- instated, and further that the item be referred to the City Solicitor to examine if there is a legal process by which funding for lifeguards could be guaranteed annually and 5/7/2012 report back to Council. Ivan Court City Solicitor Incomplete RESOLVED that as recommended by the City Manager in the submitted report entitled ONE Change Inc. Proposal - Community Centre Management & Operations, the City Manager be directed to finalize a formal service agreement with ONE Change Inc. for the operation of the C.E. Nicolle Community Centre for Council's 5/7/2012 1consideration and approval. I n/a ICity Manager lincomplete .: Date Made Resolution Councillor Staff Status RESOLVED that the City Manager be directed to present a progress report to Council with regard to Rainbow Park. This report should provide P.U.LS.E with the opportunity to update 6/18/2012 Council on the work it has undertaken with regard to same. Donnie Snook City Manager Incomplete RESOLVED that report to Common Council highlighting the key components of City's internal and external communication strategy updating Council with regard to the various items 6/18/2012 outlined in Councillor Snook's submitted letter. Donnie Snook City Manager Incomplete That the Multicultural Association of Saint John Inc. request for a representative from The City to the Board of Directors of the Multicultural Association, be referred to the Nominating Nominating 6/18/2012 Committee. n/a Committee Incomplete RESOLVED that the Parking Commission be requested to investigate a text -to -pay (mobile payment) system for submitting parking violations and report back to council with a Saint John Parking 6/18/2012 recommendation in six weeks. Greg Norton Commission Incomplete That as recommended by the City Manager in the submitted report M &C 2012 -173: Contractor Access on City of Saint John Land that Council: 1. Give permission to a contractor or contractors to undertake improvements to Rainbow Park subject to direction from City staff. 2. Direct staff to prepare for Council's consideration a policy that would set out suitable guidelines and criteria to allow staff to 'fast 7/3/2012 track' certain projects without seeking explicit Council approval. n/a City Manager Incomplete RESOLVED that the letter from Councillor Farren entitled Formation of the Energy and Trade Development Committee of Common Council, be referred to the City Manager to seek input 7/3/2012 on the matter from representatives of the Irving Oil Refinery. Bill Farren City Manager Incomplete 29 Date Made Resolution Councillor Staff Status RESOLVED that the City Solicitor be directed to prepare a Procedural By -Law amendment so as to make it expressly clear in section 3.10 of the By -Law that the two - thirds vote required is two- thirds vote of the entire Council; and that the City Solicitor be directed to prepare for Council's consideration that amendment and, in addition the Solicitor be directed to bring to Council's attention all provisions of the By -Law which establish a two - thirds vote requirement and make any recommendation necessary so as to clearly establish in each case of reference to a two - thirds vote that it is either a two - thirds vote "of the entire council" or "of the members present and not disqualified from 7/3/2012 voting ". David Merrithew City Solicitor Incomplete RESOLVED that the letter from Mary Ellen Carpenter dated June 20, 2012 Regarding Truck Routes be referred to the City 7/16/2012 Manager. n/a City Manager Incomplete RESOLVED that the Police Commission be requested to investigate the implementation of a Citizen Online Crime Reporting System and report back to council with a 7/23/2012 recommendation in six weeks. Greg Norton Police Commission Incomplete RESOLVED that, as Council's representative on the Transit Commission, Councillor Snook will work directly with other Municipalities in New Brunswick to ensure that necessary and appropriate steps are taken in order to successfully advocate tax reforms for public transportation in New Brunswick as outlined in Councillor Snook's submitted letter, dated July 12, 2012, entitled Public Transportation Tax Reforms and Innovative Transportation Saint John Transit 7/23/2012 ISolutions Tax Relief and Reforms. I Donnie Snook lCommission lincomplete 70 Date Made Resolution Councillor Staff Status RESOLVED that as suggested in Councillor Snook's submitted letter, dated July 12, 2012, entitled Public Transportation Tax Reforms and Innovative Transportation Solutions Tax Relief and Reforms, Common Council request that Enterprise Saint John explore potential partnerships /funding for the implementation of Enterprise Saint 7/23/2012 creative and innovative transportation options. Donnie Snook John Incomplete RESOLVED that the City Manager, or his designate, be directed to review upcoming Council agendas and prepare briefing notes on 7/23/2012 those issues which are likely to attract media attention. Shelley Rinehart City Manager Incomplete RESOLVED that the City Manager and /or the Common Clerk be directed to develop a briefing document for all groups or organizations to which Council is asked to nominate or appoint members. Those briefing booklets should, among other things, clearly define the relationship between the group and Council, any contractual or other documented agreements between the group and Council and the nature of their appointment by City Manager and 7/23/2012 Council. Shelley Rinehart Common Clerk Incomplete RESOLVED that the Nominating Committee be tasked with developing a mechanism whereby (i) Council appointees provide regular written updates on the activities of the organization to which they have been appointed; (ii) Council appointees provide a record of their attendance; (iii) Council appointees provide Nominating information should a time sensitive issue come up that is of Committee and 7/23/2012 particular importance to Council or the City. Shelley Rinehart Common Clerk Incomplete RESOLVED that the letter from Councillor Merrithew entitled Budget Process Study be tabled pending a report from the City Common Clerk and 7/30/2012 Manager. David Merrithew City Manager Incomplete 71 Date Made Resolution Councillor Staff Status RESOLVED that Council instruct the City Manager and City Solicitor to determine the process and mechanics required to join the two boards (Transit and Parking) and to report back to City Manager and 7/30/2012 Council. David Merrithew City Solicitor Incomplete RESOLVED that the City Manager be directed to provide a report outlining the legal and financial relationship between the City and the Trade & Convention Centre and a summary of needed work 7/30/2012 and related costs. John MacKenzie City Manager Incomplete RESOLVED that item 12.6 Synopsis and Comment Upon the Regional Service Delivery Act be received for information; and further, that the City Solicitor be authorized to distribute this report to the Cities of New Brunswick Association and other 7/30/2012 municipalities. n/a City Solicitor Incomplete RESOLVED that item 11.5 Criminal Record Checks for appointees Common Clerk and 8/13/2012 be referred to the Common Clerk and City Solicitor. Susan Fullerton City Solicitor Incomplete RESOLVED that the City Manager be directed to examine the truck routes in Saint John and make recommendations to 8/13/2012 improve public safety. Shelley Rinehart City Manager Incomplete RESOLVED that the City Solicitor be directed to prepare a draft fire prevention by -law, which is to include the cost of 8/13/2012 enforcement and cost recovery fees. n/a City Solicitor Incomplete RESOLVED that the submitted report entitled By -Law Respecting Unsecured Refuse on Properties, be received for information; and further, the City Solicitor be directed to report back with a draft By -Law Respecting Unsecured Refuse on Properties, by the end of 8/13/2012 November 2012. n/a City Solicitor Incomplete RESOLVED that the City Manager be directed to devise a plan to complete the outstanding resolutions of Council appearing on the 8/13/2012 JActionable Items /Record of Motions document. I Bill Farren ICity Manager lIncomplete 72 Date Made Resolution Councillor Staff Status RESOLVED that the report M &C 2012 -203: Adding Topsoil and Grass Seed to Vacant lots after a Dangerous Building has been Demolished by the City be received for information; and further, the City Manager be directed to examine additional possible 8/13/2012 methods to supply topsoil to vacant lots. John MacKenzie City Manager Incomplete That the letter from Carleton Branch #002 regarding moving the 8/27/2012 cenotaph back to Tilley Park be referred to the City Manager. n/a City Manager Incomplete RESOLVED that item 11.3 Press Releases (Councillor Fullerton) be 8/27/2012 referred to the City Manager for a report and recommendation. Susan Fullerton City Manager Incomplete RESOLVED that all lawsuits presently underway by the City be disclosed, in detail, to Mayor and all members of Common Council immediately, and that this is done in each and every City Solicitor and 8/27/2012 instance going forward. Susan Fullerton City Manager Incomplete RESOLVED that all lawsuits currently being advanced against the City, and all lawsuits against the City, of which the City is aware, be disclosed, immediately, in detail, to the Mayor and all members of Common Council, and that this is done in each and City Solicitor and 8/27/2012 every similar instance going forward. Susan Fullerton City Manager Incomplete That the request to present to Council from the Saint John Board 9/10/2012 of Police Commissioners be referred to the Clerk to schedule. n/a Common Clerk Incomplete RESOLVED that the letter from Councillor Norton entitled Simms Corner be referred to the City Manager to arrange a meeting between City staff and Mr. Alan Benton, P. Eng.; and further, prior to a presentation being scheduled with Common Council that a report and recommendation be received from the City Manager 9/10/2012 Ion this item. IGreg Norton ICity Manager lIncomplete 73 Date Made Resolution Councillor Staff Status RESOLVED that Council direct the City Manager to report to Council in closed session within the next 30 days with respect to filling various staff vacancies, including that of the Deputy Fire 9/10/2012 Chief. Shirley McAlary City Manager Incomplete RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -233: Construction of Mattro Street, Bally Desmond Subdivision Phase 3 that Common Council agree to reimburse A.J. Mallette and Sons (1985) Limited for those costs associated with the cost of constructing the extension of Mattro Street from the Mallette and Sons property line westward to Jadvo Street consistent with the Saint John Subdivision Bylaw and the City's General Specifications respecting the construction of streets. Further, it is recommended that the City Solicitor be directed to prepare or revise the necessary City /Developer Subdivision Agreement to ensure provision of the required work and facilities 9/10/2012 and the City reimbursement proposed. n/a City Solicitor Incomplete 2. Direct staff to examine all remaining Truck Routes in the City of Saint John in conjunction with the preparation of an updated 9/10/2012 Transportation Strategic Plan. n/a City Manager Incomplete RESOLVED that the letter from the Millidgeville -North End Lions regarding the Charles Gorman Canteen be referred to the City 9/10/2012 Manager. n/a City Manager Incomplete RESOLVED that Council request that the City Solicitor report back to Council regarding a previous Council resolution respecting 9/10/2012 vendors in public spaces. n/a City Solicitor Incomplete RESOLVED that the report from Morgan Lanigan regarding a proposed traffic calming pilot program for Douglas Avenue be 9/24/2012 referred to the City Manager. n/a City Manager Incomplete 74 Date Made Resolution Councillor Staff Status RESOLVED that the City Manager arrange for senior staff to complete a confidential 360 Review of members of Council the results of which would only be shared with the individual who is reviewed and the Mayor; and further, that Council complete a 9/24/2012 360 Review of the Mayor. Mayor Mel Norton City Manager Incomplete RESOLVED that Council direct the City Solicitor to amend By -law M -27 to include the mandatory use of an approved helmet and 9/24/2012 further that the amendment be referred to as Josh's Law. Greg Norton City Solicitor Incomplete RESOLVED that Council direct the City Manager to investigate the 9/24/2012 elimination of Chesley Drive and Douglas Avenue as truck routes. John MacKenzie City Manager Incomplete RESOLVED that the City Manager arrange a time to have all of Council brought up to speed on the pension changes that were put forward to the legislature for needed changes, otherwise 10/1/2012 known as S7b. Bill Farren City Manager Incomplete RESOLVED that the City Manager be directed to create a policy whereby heavily traveled streets in The City are paved in the off hours, and further, in cases where off hour paving is done that it not exceed 10 percent of normal cost and if so it is brought back 10/1/2012 for Council to decide on the value of doing so. Bill Farren City Manager Incomplete RESOLVED that the report entitled Planning Advisory Committee: Skills Matrix be referred back to the Planning Advisory Committee with the request that it submit a skills matrix to Common Council Planning Advisory 10/1/2012 in order to help ensure diversity on the committee. n/a Committee Incomplete RESOLVED that the request from the Canadian Folk Music Awards 10/1/2012 2012 Saint John Committee be referred to the Clerk to schedule. n/a Common Clerk Incomplete That the Discover Saint John request to present be referred to the 10/9/2012 clerk for scheduling. n/a Common Clerk Incomplete 75 Date Made Resolution Councillor Staff Status RESOLVED that item 15.1 entitled Harbour Skating Club — Request for Free Ice Time be referred through the City Manager to the 10/9/2012 Regional Mayor's Caucus. n/a City Manager Incomplete RESOLVED that item s11.1 entitled Parking on Douglas Avenue (Councillor MacKenzie) be referred to the City Manager to receive 10/9/2012 input from the Parking Commission and Municipal Operations. John MacKenzie City Manager Incomplete RESOLVED that item s11.2 Animal Control By -Law (Councillor MacKenzie) be referred to the City Manager and City Solicitor to draft appropriate language for a proposed by -law amendment, and further that this be brought back to Council for approval City Manager and 10/9/2012 within thirty days. John MacKenzie City Solicitor Incomplete RESOLVED that the City look into maintaining its vacant lots and 10/15/2012 that an acceptable standard of maintenance be established. Donna Reardon City Manager Incomplete RESOLVED that a revised policy with respect to requests by organizations to present to Council wherein organizations would provide a written submission to the Common Clerk's office to be added to the agenda for Council's review and that Council will make a decision as to the organizations that will appear before Council and further that the presentations be grouped together; and that Items 15.1 through 15.3 regarding the requests to present by various organizations are subject to this policy, be 10/15/2012 adopted. n/a Common Clerk Incomplete 11.1 RESOLVED that the City Manager be directed to advise Council of the list of vacant lots and lands, including parking lots, 10/22/2012 that could be advertised for sale. David Merrithew City Manager Incomplete 76 Date Made Resolution Councillor Staff Status 12.6 RESOLVED that as recommended by the City Manager in the submitted report M &C2012 -272 City Market Head Tower — Hydraulic Flushing of Sprinkler Lines: 4) The Common Council refers the recommendation for a two - phased approach to the renovation of the City Market Head City Manager 2013 10/22/2012 Tower to 2013 budget deliberations n/a Budget Incomplete 14.2 RESOLVED that the Actionable Resolutions — Reflecting up to City Manager, City the October 15 Council Meeting be referred to the City Manager, Solicitor, Common 10/22/2012 Solicitor and Common Clerk to update the list. n/a Clerk Incomplete 5.1 That the letter from the Saint John Fire Fighters' Association 10/29/2012 regarding collective bargaining be referred to the City Manager. n/a City Manager Incomplete 11.1 RESOLVED that the City Manager be directed to provide a report on the current status of Glen Falls flooding issues by December 1, 2012, which is to include the current schedule for 10/29/2012 emptying the trenches, and the current status to maintain them. Ray Strowbridge City Manager Incomplete 77 Date Made Resolution Councillor Staff Status 1. All agencies, boards and Commissions ( "ABCs ") appointed by Council must give a written report outlining number of meetings, attendance, activities and decision making on a bi- annual basis; by the end of June and before mid - November unless otherwise directed by Common Council. Some major ABC'S may wish to report in person to Common Council on a more regular basis and that will be determined on an individual basis at the wish of Common Council 2. All appointments made by Council for all ABC'S will be for a period of three years with the possibility of one re- appointment term of three years which would allow an individual to serve a total of six years. After an individual has served a total of six years the individual must remain off that particular ABC for a period of at least one year. This will become effective as of the date of this report being approved by Common Council. 3. If Members of Common Council are nominated to serve on any given ABC they will serve only their full term of Council period. 4. The Nominating Committee should be conscious of the fact of appointing citizens to only one ABC, in order that more individuals may have the opportunity to serve. 5. As a first step towards ensuring that our ABC'S are more Common Clerk and accountable to Common Council, each ABC should fully Nominating 10/29/2012 understand their mandate and should understand what skill sets Shirley McAlary Committee Incomplete 11.3 RESOLVED that the report entitled Funding for Transit in 2013 Budget (Councillor Snook) be referred to the 2013 budget City Manager 2013 10/29/2012 Ideliberations. I Donnie Snook IBudget lincomplete EN Date Made Resolution Councillor Staff Status RESOLVED that Council request a report from the Saint John Transit Commission which outlines all of the revenue generated outside of daily operations, or normal routes (ie chartered tours for cruise ship passengers) and any new initiatives that Saint John Saint John Transit 10/29/2012 Transit has taken since May 2012 to improve revenue generation. John Mackenzie Commission Incomplete 11.4 RESOLVED that the report entitled Affordability of Aquatic Center Public Swims (Councillor Snook) be referred to the Aquatic Aquatic Centre 10/29/2012 Centre Commission. Donnie Snook Commission Incomplete 11.5 RESOLVED that the following resolution adopted by Council on June 7, 2010: "RESOLVED that as recommended by the City Manager in the submitted report M &C 2010 -195: Cedar Point Estates Development Standards and Infrastructure Maintenance, Common Council consider the issues and options outlined in said report, and direct staff to develop a long term strategy, in consultation with the neighbourhood and developers, for appropriate future standards for these developments" be prioritized by City Staff and that a follow up has occurred within 10/29/2012 14 days of today's date. Susan Fullerton City Manager Incomplete RESOLVED that the report entitled City Owned Vehicle Policy be referred back to the City Manager to return with a recommendation to update the policy, for example remove the provision that permits vehicles to be taken home by staff, or prohibit vehicles being taken outside the city boundaries unless it 10/29/2012 is for city related business. Bill Farren City Manager Incomplete 15.1 RESOLVED that the report entitled Saint John Theatre Company — Fundy Fringe Festival be referred to the 2013 budget City Manager 2013 10/29/2012 deliberations. n/a Budget Incomplete 15.2 RESOLVED that the report entitled Saint John Theatre Company — Annual Operating Funding be referred to the 2013 City Manager 2013 10/29/2012 1budget deliberations. I n/a IBudget lincomplete 79 Date Made Resolution Councillor Staff Status 11.1 RESOLVED that Council consider reinstating the Spring Clean Up program beginning in the spring of 2013; and further that the City Manager be directed to submit a report including the cost of administering this program as well as any savings realized by the City when it discontinued the outsourcing of curbside garbage pick -up to FERO Waste & Recycling Inc.; and further that this City Manager 2013 11/13/2012 matter be referred to budget deliberations. David Merrithew Budget Incomplete 12.1 RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -275: Bike Route - Campus Harbour Connection Common Council: 4. Direct the City Solicitor to place in proper translated form the following amendments to the City's Traffic By -Law for Council's consideration when the bike route is implemented in 2013: a. Add Adelaide Street with limits Harrington Street to Metcalf Street to Schedule M -4 (40 KM /H Speed Limits); b. Add Metcalf Street with limits Main Street to Lansdowne Avenue to Schedule M -4 (40 KM /H Speed Limits); and c. Delete Metcalf Street with limits Main Street to Lansdowne 11/13/2012 Avenue from Schedule K (Truck Routes). n/a City Solicitor Incomplete 15.2 RESOLVED that the letter entitled The Hardman Group Ltd. — New Year's Eve Celebrations 2012 be referred to the City 11/13/2012 Manager. n/a City Manager Incomplete 16.1 RESOLVED that Common Council request that the Saint John Police Commission submit a report within 30 days regarding the feasibility of using existing City By -Laws such as the Sidewalk By- Law and Traffic By -law to be more proactive in removing prostitutes from the uptown area, specifically on Cliff Street, Coburg Street, Paddock Street, Peter Street, Garden Street and 11/13/2012 Waterloo Street. ISusan Fullerton 113olice Commission lincomplete :1 Date Made Resolution Councillor Staff Status 16.3 RESOLVED that the submitted report entitled Saint John Parking Commission — Feasibility of Text to Pay System for 11/13/2012 Payment of Parking Fines, be referred to the City Manager. n/a City Manager Incomplete 16.4 RESOLVED that the submitted report entitled Saint John Parking Commission — Pay by Phone System for Parking Meters, 11/13/2012 be referred to the City Manager. n/a City Manager Incomplete 16.6 RESOLVED that the letter entitled Hodges Hamm - Real 11/13/2012 Estate Signs on Public Property be referred to the City Manager. n/a City Manager Incomplete 17.1 RESOLVED that the Commissioner of Finance and Administrative Services be directed to request from the Commissioner of Superintendent of Pensions deferral of additional contributions Finance and required as a result of the 2011 Actuarial Valuation until such Administrative 11/13/2012 time as the result of the reform process has been finalized. n/a Services Incomplete 11.1 RESOLVED that the City Manager and appropriate staff be directed to initiate discussions with the Saint John Port Corporation to explore the potential for using the Long Wharf site 11/19/2012 as a potential location for a 4 -Plex recreation facility. Mel Norton City Manager Incomplete 11.3 RESOLVED that the letter from the Councillor Snook entitled Community Plans /Revitalization Strategy for Urban Core Neighbourhoods be referred to the City Manager for input and direction from our City's Growth and Development Services Department with regard to the creation and implementation of Community Plans /Revitalization Strategy for the above named 11/19/2012 urban core neighbourhoods. Donnie Snook City Manager Incomplete 81 Date Made Resolution Councillor Staff Status 16.6 RESOLVED that as recommended by the City Manager in the submitted report entitled City of Saint John and Atlantic Canada Opportunities Agency's Community Infrastructure Improvement Fund: Common Council: 1. Direct City Manager to immediately prepare and submit an application to ACOA for the City Market Head Tower Revitalization project under the Community Infrastructure 11/19/2012 Improvement Fund. n/a City Manager lincomplete 16.7 RESOLVED that the report M &C 2012 -260: 2013 Water and Sewer Utility Capital Budget Common Council be tabled until November 26, 2012. 16.13 RESOLVED that the submitted report M &C 2012 -281: Proposed 2013 Operating Budget — Water and Sewerage Utility 11/19/2012 Fund be tabled until November 26, 2012. n/a Common Clerk Incomplete 17.1 RESOLVED that notwithstanding the hiring freeze, the City Manager be directed to proceed with filling following positions: Commissioner of Growth and Development; Manager of Industrial Relations; Manager of Staffing and Development; 11/19/2012 Facilities Management Position; Communications Officer. n/a City Manager Incomplete 16.2 RESOLVED that the letter from Councillor Merrithew entitled Meetings Between City Staff and Local Builders and Developers be referred to the City Manager for a report outlining the appropriate structure and terms of reference for the proposed 11/19/2012 meetings between staff and developers. David Merrithew City Manager Incomplete 16.8 That the letter from the Loch Lomond Water Protection Association regarding the protection of lakes be referred to the 11/26/2012 City Manager. n/a City Manager Incomplete 5.1 That the letter from the Saint John Mill Rats regarding the 2013 NBL Canada All Star Weekend be referred to the City City Manager 2013 12/3/2012 1 Manager and 2013 Budget Deliberations. I n/a IBudget lincomplete 82 Date Made Resolution Councillor Staff Status 11.1 RESOLVED that the letter from Councillor Farren entitled Creating Better Departmental Efficiencies be referred to the City City Manager and 12/3/2012 Manager and City Solicitor for a report and recommendation. Bill Farren City Solicitor Incomplete 11.1 RESOLVED that the letter from Councillor Farren entitled Creating Better Departmental Efficiencies be referred to the City Manager to review all departments to see if a similar type of 12/3/2012 benchmark can be used in the near future. Bill Farren City Manager Incomplete Ad Hoc Committee 13.1 RESOLVED that the report entitled Planning Advisory to Review Boards, Committee: Skills Matrix be referred to the Ad Hoc Committee to Commissions and 12/3/2012 Review Boards, Commissions and Committees. n/a Committees Incomplete 16.2 RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -292: Proposed Public Hearing Date - 8 Rockwood Avenue, 1875 & 1925 Bayside Drive, 345 Boars Head Road (Cambridge Estates) and 2112 Bayside Drive the Common Council schedule the public hearings for the rezoning applications of Haldor (1972) Ltd. (8 Rockwood Avenue), Hughes Surveys & Consultants Inc. (1875 & 1925 Bayside Drive, 345 Boars Head Road /Cambridge Estates, and 2112 Bayside Drive) for Monday, January 7, 2013 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for a report Planning Advisory 12/3/2012 and recommendation. n/a Committee Incomplete 16.8 RESOLVED that the request to present from AIDS Saint John 12/3/2012 be referred to the Common Clerk to schedule. n/a Common Clerk Incomplete 17.2 RESOLVED that the interest arbitration award dated November 8, 2012 respecting the terms of a collective agreement between the City of Saint John and the IAFF Local 771 be referred 12/3/2012 Ito the City Solicitor for his advice. I n/a lCity Solicitor lincomplete 83 Date Made Resolution Councillor Staff Status 12.1 RESOLVED that the report from the Common Clerk dated Ad Hoc Committee December 10, 2012 entitled Agencies, Boards and Commissions to Review Boards, Resolutions be referred to the Ad Hoc Committee to Review Commissions and 12/10/2012 Boards, Commissions and Committees. n/a Committees Incomplete 16.8 RESOLVED that as recommended by the City Manager in the submitted report entitled City of Saint John Application to the Environmental Trust Fund, Common Council direct the City Manager to immediately prepare and submit an application to the Department of Environment and Local Government for the Rockwood Park Compost Program under the Environmental Trust 12/10/2012 Fund. n/a City Manager Incomplete 16.15 RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -287: Spring Clean Up Program Common Council: 1. Continue to provide the Bulky Items Pick -Up, White Goods Drop Off and Christmas Tree Drop Off Programs, 2. Direct the City Manager to include funding in the amount of $380,000 in the supplementary request to be presented with the annual Solid Waste Management Operating Budget, for spring 12/10/2012 clean -up. n/a City Manager Incomplete 15.1 RESOLVED that the request for $1000 to support the celebration of National Canoe Day be referred to the City 12/17/2012 Manager. n/a City Manager Incomplete 16.5 RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -301: Proposed Public Hearing Date - 78 Prince William Street Common Council schedule the public hearing for the rezoning application of Hazen Investments Limited (78 Prince William Street) for Monday, January 28, 2013 at 7:00 p.m. in the Council Chamber, and refer the application to the Planning Advisory 12/17/2012 1 Planning Advisory Committee for a report and recommendation. n/a lCommittee lIncomplete 84 Date Made Resolution Councillor Staff Status 16.6 RESOLVED that the projects specified in the submitted report 12/17/2012 be sent to public tender. n/a City Manager Incomplete 16.9 RESOLVED that the request to present from King Street East property owners be referred to Planning through the City Manager for a report to Council including previous minutes on the subject; and further that it be referred to the Clerk for City Manager and 12/17/2012 scheduling. n/a Common Clerk Incomplete 12.1 RESOLVED that the 2013 General Fund Operating Budget be 1/2/2013 tabled to the meeting of January 7, 2013. n/a Common Clerk Incomplete 13.1 RESOLVED that the submitted letter from the Canada Games 1/2/2013 Aquatic Centre Comission dated November 28, 2012 be tabled. n/a Common Clerk Incomplete 16.2 RESOLVED that the City Manager be directed to arrange a pension information session in collaboration with the City union representatives, Susan Rowland of the Pension Task Force, and the Superintendent of Pensions for the benefit of the City's past 1/2/2013 and present employees. John Mackenzie City Manager Incomplete 16.2 RESOLVED that as recommended by the City Manager in the submitted report Play SJ - Parks and Recreation Strategic Plan Draft Report: 1. Council direct the Common Clerk to schedule a high level presentation of the highlights and recommendations of this report in January; 2. Council direct staff to hold an additional public meeting to solicit feedback on the recommendations of this report; and 3. This report be tabled until staff can report back with any City Manager and 1/7/2013 Irevisions to the report resulting from the public feedback. I n/a Common Clerk lincomplete 85 Date Made Resolution Councillor Staff Status 16.4 RESOLVED that as recommended by the City Manager in the submitted report Estate of Deborah Ann Chapman - Bequest to the City of Saint John the City gratefully accept the bequest of shares in the Royal Bank of Canada from the Estate of Deborah Ann Chapman for the sole use and benefit of the PRO Kids Program and that the Common Clerk convey the City's thanks to 1/7/2013 the Executor. n/a Common Clerk Completed RESOLVED that Common Council for the City of Saint John instruct the City Manager to conduct a comprehensive cost /benefit analysis of lease versus own options available to Council within the 2016 termination timeframe including both capital and operating expenses associated with each option presented, 1/7/2013 within six months. John MacKenzie City Manager Incomplete 9.6 RESOLVED that the City Manager direct staff to review and advise on the status and enforcement of the Section 39 conditions being imposed on the properties at 2112 Bayside Drive 1/7/2013 land 1875 & 1925 Bayside Drive. I n/a lCity Manager lincomplete :. 97- COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 10, 2012/LE 10 DECEMBRE 2012 COMMON COUNCIL MEETING - THE CITY OF SAINT JOHN CITY HALL - DECEMBER 10, 2012 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, MacKenzie, McAlary, Merrithew, Norton, Reardon, Snook and Strowbridge and - P- Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; K. Forrest, Commissioner of Growth and Development Services- W. Edwards, Commissioner of Transportation and Environment Services; C. Elgee, Acting Police Staff Sergeant; K. Clifford, Fire Chief; E. Gormley, Common Clerk and J. Taylor, Assistant Common Clerk. 1. Call To Order -- Prayer Deputy Mayor Rinehart called the meeting to order and Reverend Doug Moore offered the opening prayer. 2. Approval of Minutes 3. Approval of Agenda On motion of Councillor McAlary Seconded by Councillor Norton RESOLVED that the agenda of this meeting with the addition items 16.0 Draft 2013 Operating Budget and 16.19 Water and Sewer Budget, be approved, and further that 16.13 Shared Risk Plan - MOU, be moved forward on the agenda. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest Deputy Mayor Rinehart disclosed a conflict of interest with agenda items 16.13 Shared Risk Plan - MOU and 16.14 City Manager: The Saint John YM -YWCA Inc. Churchill Boulevard. Councillor Farren disclosed a conflict with agenda item 16.13 Shared Risk Plan - MOU. 5. Consent Agenda 6. Members Comments 7. Proclamation 8. Delegations /Presentations 9. Public Hearings 10. Consideration of By -laws 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 Common Clerk: Agencies, Boards and Commissions Resolution On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the report from the Common Clerk dated December 10, 2012 entitled Agencies, Boards and Commissions Resolutions be referred to the Ad Hoc Committee to Review Boards, Commissions and Committees. Question being taken, the motion was carried. 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence �:*1 97- COMMON COUNCILICONSEIL COMMUNAL DECEMBER 10, 2012/LE 10 DECEMBRE 2012 16. Supplemental Agenda On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that agenda items 16.0, 16.1 and 16.13 be deferred until the Mayor and Pension Task Force members are present. Question being taken, the motion was carried. 16.2 Uptown Saint John - Support of PlanSJ and our Renaissance City On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that the letter from Uptown Saint John regarding support of PlanSJ and our Renaissance City be received for information. Question being taken, the motion was carried. 16.3 Cancelling Council Meetings (Councillor Strowbridge) On motion of Councillor Strowbridge Seconded by Councillor Farren RESOLVED that the Council meeting of December 24, 2012 be cancelled. Responding to a question regarding the requirements respecting the frequency of Council meetings, the Common Clerk advised that the City Government Act states that Council must meet each fortnight. The City Solicitor stated that it is his understanding the Provincial government will be considering a possible repeal of the City Government Act within the next few weeks, noting that the requirement for Council to meet each fortnight may no longer be applicable depending on the outcome. Question being taken, the motion was carried_ On motion of Councillor Strowbridge Seconded by Councillor Fullerton RESOLVED that the Council meeting of December 24, 2012 and January 2, 2013, be cancelled. Question being taken, the motion was defeated with Councillors Farren, Norton, Reardon, McAlary, Merrithew, MacKenzie voting nay. 16.4 Actionable Resolutions -Reflecting up to the December 3, 2012 Council Meeting On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the report entitled Actionable Resolutions - Reflecting up to the December 3, 2092 Council Meeting be received for information. Question being taken, the motion was carried. 16.5 Minutes of November 13, 2012 On motion of Councillor McALary Seconded by Councillor Merrithew RESOLVED that the minutes of the meeting of Common Council, held on November 13, 2012, be approved. Question being taken, the motion was carried. 16.6 Minutes of November 19, 2012 On motion of Councillor McAlary -* 97- COMMON COUNCILICONSEIL COMMUNAL DECEMBER 10, 20121LE 10 DECEMBRE 2012 Seconded by Councillor Norton RESOLVED that the minutes of the meeting of Common Council, held on November 19, 2012, be approved. Question being taken, the motion was carried. 16.7 Minutes of November 26, 2012 Un motion of Councillor McAlary Seconded by Councillor Norton RESOLVED that the minutes of the meeting of Common Council, held on November 26, 2012, be approved. Question being taken, the motion was carried. 16.8 City Manager: City of Saint John Application to the Environmental Trust Fund On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that as recommended by the City Manager in the submitted report entitled City of Saint John Application to the Environmental Trust Fund, Common Council direct the City Manager to immediately prepare and submit an application to the Department of Environment and Local Government for the Rockwood Park Compost Program under the Environmental Trust Fund. Question being taken, the motion was carried. 16.9 City Manager: Early Access for Test Wells on Provincial Property 496 Ridge Row On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -297.• Early Access for Test Wells on Provincial Property 496 Ridge Row, The City of Saint John accept the terms and conditions set out by the Province of New Brunswick, as contained in the letter attached to M & C 2012 -297 for the purpose of drilling five (5) test wells as indicated on an attached sketch on PID number 411728; and authorize the Mayor and Common Clerk to sign the attached letter in acknowledgement of such terms and conditions. Question being taken, the motion was carried. 16.10 City Manager: Licence Agreement (Sandy Point Road) - F6 Networks Inc. On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -298: Licence Agreement (Sandy Point Road) - F6 Networks Inc., the City enter into the Licence Agreement attached to M &C 2012 -298 and that the Mayor and Common Clerk be authorized to sign the Licence Agreement. Question being taken, the motion was carried. 16.11 Committee of the Whole Report: Freeman of the City On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the Committee of the Whole, having met on August 27, 2012, Common Council confer the honour of Freedom of the City to James K. Irving O.C., O.N.B. in recognition of his significant contribution to the City of Saint John_ Question being taken, the motion was carried. On motion of Councillor McAlary * 97- COMMON COUNCILICONSEIL COMMUNAL DECEMBER 10, 2012/LE 10 DECEMBRE 2012 Seconded by Councillor Merrithew RESOLVED that as recommended by the Committee of the Whole, having met on August 27, 2012, Common Council confer the honour of Freedom of the City to Arthur L. Irving, O.C., O.N.B. in recognition of his significant contribution to the City of Saint John. Question being taken, the motion was carried. On motion of Councillor McAiary Seconded by Councillor Farren RESOLVED that as recommended by the Committee of the Whole, having met on August 27, 2012, Common Council confer the honour of Freedom of the City to John E. Irving C.M. in recognition of his significant contribution to the City of Saint John. Question being taken, the motion was carried. 16.12 Safer Communities and Neighbourhood (SCAN) Legislation Task Force (Councillor Snook) On motion of Councillor Farren Seconded by Councillor Strowbridge RESOLVED that item 16.12 be laid on the table until Councillor Snook is present. Question being taken, the motion was carried. 16.15 City Manager: Spring Clean Up Program (The Mayor entered the meeting and assumed the chair) (Councillor Snook entered the meeting) On motion of Councillor Strowbridge Seconded by Councillor Merrithew RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -287: Spring Clean Up Program Common Council: 1. Continue to provide the Bulky Items Pick -Up, White Goods Drop Off and Christmas Tree Drop Off Programs, 2. Direct the City Manager to include funding in the amount of $380,000 in the supplementary request to be presented with the annual Solid Waste Management Operating Budget, for spring clean -up. Question being taken, the motion was carried with Councillor Norton voting nay. 16.12 Safer Communities and Neighbourhood (SCAN) Legislation Task Force (Councillor Snook) On motion of Councillor Farren Seconded by Councillor Norton RESOLVED that agenda item 16.12 Safer Communities and Neighbourhood (SCAN) Legislation Task Force be lifted from the table. Question being taken, the motion was carried. On motion of Councillor Snook Seconded by Councillor McAlary RESOLVED that Common Council contact the Provincial Government of New Brunswick to express its support for Saint John's SCAN Task Force and to strongly urge them to continue to allocate adequate resources to insure this vital service continues. Question being taken, the motion was carried. y� 97- COMMON COUNCIUCONSEIL COMMUNAL DECEMBER 10, 2012/LE 10 DECEMBRE 2012 16.16 City Manager: Proposed Heritage Conservation Areas Bylaw Amendment 12- 14 Bentley Street On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report M &C 2092 -294: Proposed Heritage Conservation Areas Bylaw Amendment 12 -14 Bentley Street, Common Council schedule a public hearing date of Monday, January 7, 2013 at 7:00 p.m. in the Council Chamber to consider an amendment to the Saint John Heritage Conservation Areas By -law, which would remove the property at 12 -14 Bentley Street from the Douglas Avenue Heritage Conservation Area, and that the necessary advertising be authorized in this regard. Question being taken, the motion was carried with Councillor Reardon voting nay. 16.17 City Manager: Easement for Public Utilities - 170 Prince William St - Saint John High School On motion of Councillor Farren Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -296: Easement for Public Utilities - 170 Prince William St - Saint John High School: 1. The City of Saint John enter into the Grant of Easement attached to M & C 2012 -296 for the above ground public utility cabinet on PID #6098; and authorize the Mayor and Common Clerk to execute the Grant on behalf of the City; and further 2. The City of Saint John assigns to The Power Commission of the City of Saint John and to Bell Aliant Regional Telecommunications Inc. all those rights set out in the said Grant of Easement. Question being taken, the motion was carried. 16.18 City Manager: Internet Service for the City of Saint John On motion of Councillor McAlary Seconded by Councillor Snook RESOLVED that as recommended by the City Manager in the submitted report entitled Internet Service for the City of Saint John: 1 _ That the City enter into an agreement with Bell Aliant Regional Communications, Limited Partnership for the delivery of Business Internet Services Schedule the form as attached to this letter to Council. 2. That the Mayor and Clerk be authorized to execute the said agreement. Question being taken, the motion was carried. (Deputy Mayor Rinehart withdrew from the meeting) 16.14 City Manager: The Saint John YM -YWCA Inc. Churchill Boulevard On motion of Councillor McAlary Seconded by Councillor Snook RESOLVED that as recommended by the City Manager in the submitted report entitled The Saint John YM -YWCA Inc. Churchill Boulevard the Agreement of Purchase and Sale dated October 30, 2012 between The City of Saint John and The Saint John YM -YWCA Inc. be amended to change the Closing Date from "on or before December 31, 2012" to "on or before December 31, 2013 "; in all other aspects the Agreement remains unchanged. Question being taken, the motion was carried. (Councillor Farren withdrew from the meeting) 16.13 City Manager: Shared Risk Plan — MOU 4 97- COMMON COUNCIL /CONSEIL COMMUNAL DECEMBER 10, 2012ILE 10 DECEMBRE 2012 The Mayor introduced Angela Mazerolle- Stevens, the Superintendent of Pensions, and Jana Steele, Partner at Goodmans LLP. Referring to the submitted Memorandum of Understanding (MOU), the City Manager advised that the document is the first tangible product from Provincial Task Force on Pension Reform respecting the shared risk pension model. Mr. Woods explained that the document is an MOU between the City and its unions regarding the framework to be followed under the proposed shared risk pension model. Ms. Steele responded to questions from Council members respecting the submitted MOU. Responding to a question, Mr. Yeomans stated that the $8,700,000 owing for 2011 pension arrears payments has been paid as of April, 2nd, 2012. Ms. Mazerolle Stevens responded to questions from Council members respecting the submitted MOU. Ms. Steele advised that the MOU is high level document which establishes the major terms in principle upon which the City and its unions agree. She explained that once the MOU is executed more specific documents will be finalized, such as the "declaration of trust" for the Pension Board of Trustees and the "plan text ". Responding to a question, Ms. Steele advised that the MOU would be revised and resubmitted to Council in the near future for its approval. On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that section 12.5 of Council's Procedural By -Law respecting speaking time limitations for Council members be suspended for this item. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that Council schedule a meeting on Thursday, December 13th, 2012 at 4:00 p.m. to consider the Shared Risk — MOU and the 2013 City Operating budget. Question being taken, the motion was carried. (Deputy Mayor Rinehart and Councillor Farren reentered the meeting) 16.19 Water and Sewer Budget On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that as recommended by the City Manager in the submitted report Proposed 2013 Water and Sewerage Rate Revision, Common Council approved the 2013 revised rate schedule as submitted and adopt same at third reading of the Water and Sewerage Bylaw Amendment process. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the by -law entitled "By -Law Number M -16, A By -Law to Amend a By -Law Respecting Water and Sewerage" be amended by repealing Schedules "A" and "B" in Section 44, and substituted by the submitted 2012 schedules "A" and "B ", be read. Question being taken, the motion was carried. 97- COMMON COUNCIL /CONSEIL COMMUNAL DECEMBER 10, 2012/LE 10 DECEMBRE 2012 The by -law entitled, "By -Law Number M -16, A By -Law to Amend a By -Law Respecting Water and Sewerage" was read in its entirety. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the by -law entitled "By -Law Number M 16, A By -Law to Amend a By -Law Respecting Water and Sewerage" be amended by repealing Schedules "A" and "B" in Section 44, and substituted by the submitted 2012 schedules "A" and "B ", be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number M -16, A By -Law to Amend a By -Law Respecting Water and Sewerage ". 16.0 City Manager: Draft 2013 Operating Budget 16.1 Service Based Budgets 2013 -2016 (Draft) On motion of Councillor Farren Seconded by Councillor Snook RESOLVED that Common Council suspend section 12.7 of Council's Procedural Bylaw respecting the speaking time limitations. Question being taken, the motion was carried. Referring to a submitted report, the City Manager reviewed the draft 2013 Operating budget and he received input from members of Council. 17. Committee of the Whole 18. Adjournment On motion of Councillor McAlary Seconded by Councillor Snook RESOLVED that the Council meeting of December 10th, 2012 be adjourned. The Mayor declared the meeting adjourned at 9:20 p.m. Mayor 1 maire Common Clerk 1 greffiere communale 1�1-lx 97- COMMON COUNCILICONSEIL COMMUNAL DECEMBER 13, 2012/LE 13 DECEMBRE 2012 COMMON COUNCIL MEETING - THE CITY OF SAINT JOHN CITY HALL - DECEMBER 13, 2012 - 4:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, MacKenzie, McAlary, Merrithew, Norton, Reardon, Snook and Strowbridge and - J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; K. Forrest, Commissioner of Growth and Development Services /Acting City Manager; W. Edwards, Commissioner of Transportation and Environment Services; A. Poffenroth, Deputy Commissioner of Building and Inspection Services; J. Hamilton, Commissioner of Strategic Services; K. Clifford, Fire Chief; E. Gormley, Common Clerk and J. Taylor, Assistant Common Clerk. 1. Call To Order The Mayor advised that it is necessary for Council to meet in closed session of Committee of the Whole to discuss a financial matter. On motion of Councillor McAlary Seconded by Councillor Strawbridge RESOLVED that Council convene in a closed session of Common Council to discuss a financial matter pursuant to section 10.2(4)(c) of the Municipalities Act, immediately after the verbal update from Mr. Bill Teed respecting the City of Saint John Government Act. Question being taken, the motion was carried. 1.1 City Manager: The City of Saint John Government Act On motion of Councillor Snook Seconded by Councillor McAlary RESOLVED that Council request a verbal update from Mr. Bill Teed respecting the City of Saint John Government Act. Question being taken, the motion was carried. Referring to a submitted report, Mr. Bill Teed, Partner at Cox & Palmer, outlined the legal work that he has undertaken on behalf of Common Council to implement changes to the City of Saint John Government Act. On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that submitted report The City of Saint John Government Act be received for information. Question being taken, the motion was carried. Common Council withdrew from the Council Chamber at 4:10 p.m. Following a recess, and a closed session Committee of the Whole meeting, Common Council reconvened in open session of Council at 5:45 p.m. 1.3 City Manager: 2013 General Fund Operating Budget On motion of Councillor Snook Seconded by Councillor McAlary RESOLVED that the 2013 Operating Budget for the General Operating Fund be tabled until the next meeting of Council. y� 97- COMMON COUNCILICONSEIL COMMUNAL DECEMBER 13, 20121LE 13 DECEMBRE 2012 Question being taken, the motion was carried. 1.2 Shared Risk Plan MOU (Deputy Mayor Rinehart and Councillor Farren withdrew from the meeting) The Mayor introduced Angela Mazerolle- Stevens, the Superintendent of Pensions, and Jana Steele, Partner at Goodmans LLP. Mr. Forrest explained that Council recently received the first draft of the Memorandum of Understanding (MOU) respecting the Saint John pension plan, noting that Ms. Steele has provided a revised draft of the document this evening for Council's consideration. Referring to the submitted document, Ms. Steele provided an overview of the changes that were made to the MOU. Responding to a comment from Ms. Steele, Mr. Nugent asked where is the requirement that an MOU be executed before the City can exercise the authority that it will be granted should the shared risk pension legislation that is currently before the house be enacted and given Royal Assent. Ms. Mazerolle Stevens stated that the legislation in question was put in place because the City was proceeding in a certain fashion and was in a position to be signing an MOU in the near term. She added that it is the expectation of the Province that the City would engage in a consultative basis with its unions. On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that Council approve the Memorandum of Understanding in principle pending a resolution to the issue of the Long Term Disability coverage for City employees. Responding to a question from Mr. Yeomans, Ms. Mazerolle Stevens advised that the payments based on the actuarial valuation of December 31, 2011 up until the date of conversion to a shared risk model would be required to be remitted by the City. Responding to a question, Ms. Steele advised that the MOU requires that LTD be in place for all employees, both unionized and non - union, prior to the conversion to a shared risk pension plan. Mr. Yeomans questioned whether the current retirees would be eligible for pension indexation in the year 2013 if the pension is converted to a shared risk pension model on January 1, 2013, or whether this was factored into the financial model by the actuary, to which Ms. Mazerolle- Stevens stated that she was not certain. Mr. Yeomans recommended that this issue be clarified for the administration of the plan and he requested that the Task force provide him with a response on this issue. Question being taken, the motion was carried with Councillors Fullerton and Snook voting nay. 1.3 City Manager: 2013 General Fund Operating Budget On motion of Councillor Snook Seconded by Councillor McAlary RESOLVED that the 2013 Operating Budget for the General Operating Fund be tabled until the next meeting of Council. Question being taken, the motion was carried. 2. Approval of Minutes 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 6. Members Comments 7. Proclamation 8. Delegations /Presentations 9. Public Hearings 7:00 P.M. 97- COMMON COUNCILICONSEIL COMMUNAL DECEMBER 13, 20121LE 13 DECEMBRE 2012 10. Consideration of By -laws 11. Submissions by Council Members 12. Business Matters - Municipal Officers 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 17. Committee of the Whole 18. Adjournment On motion of Councillor Merrithew Seconded by Councillor MacKenzie RESOLVED that the Council meeting of December 13, 2012 be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 6:25 p.m. Mayor 1 maire Common Clerk I greffiere communale y. 97- COMMON COUNCILICONSEIL COMMUNAL DECEMBER 17, 20121LE 17 DECEMBRE 2012 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — DECEMBER 17, 2012 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, MacKenzie, McAlary, Merrithew, Norton, Reardon, Snook and Strowbridge and K. Forrest, Acting City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; W. Edwards, Commissioner of Transportation and Environment Services; K. Clifford, Fire Chief; J. Hamilton, Commissioner Strategic Services; M. King, Police Staff Sgt.; J. Taylor, Assistant Common Clerk; J. Beltrandi Chown, Administrative Assistant. 1. Call To Order — Prayer Mayor Norton called the meeting to order and Councillor Snook offered the opening prayer. 3. Approval of Agenda On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the agenda of this meeting be approved with the addition of items 16.11 City Manager: Rockingstone Estates Subdivision — Phase 2; 16.12 Commissioner of Finance and Administrative Services: Authority to Expend Funds; 17.1 Committee of the Whole: Staffing in the Finance Department; 17.2 Committee of the Whole: Arrears in Payment Under Lease; and 17.3 Committee of the Whole: Purchase of Permanent LTD Coverage. Question being taken, the motion was carried. 6. Members Comments Council members commented on various community events. 10. Consideration of By -laws 10.1 Third Reading Proposed Zoning By -Law Amendment 12 Fern St 10.1.1 Section 39 Conditions On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the by -law entitled "By -Law Number C.P. 110 -205, A Law to Amend the Zoning By -Law of The City of Saint John" by re- zoning a parcel of land with an area of approximately 447 Square metres, located at 12 Fern Street, also identified as being PID number 55166029, from "R -2" One and Two Family Residential to "R -4" Four Family Residential classification, be read. Question being taken, the motion was carried. The By -Law entitled, "By -Law Number C. P. 110 -205, A Law to Amend the Zoning By- Law of The City of Saint John, was read in its entirety. On motion of Councillor Farren Seconded by Deputy Mayor Rinehart RESOLVED that, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed re- zoning of a parcel of land with an area of approximately 447 square metres, located at 12 Fern Street, also identified as being PID number 55166029, be subject to the condition that the number of dwelling units within the building be limited to a maximum of three. Question being taken, the motion was carried. 11-11 N 97- COMMON COUNCIUCONSEIL COMMUNAL. DECEMBER 17, 20121LE 17 DECEMBEE 2012 On motion of Councillor Merrithew Seconded by Councillor Snook RESOLVED that the by -law entitled "By -Law Number C.P. 110 -205, A Law to Amend the Zoning By -Law of The City of Saint John" by re- zoning a parcel of land with an area of approximately 447 square metres, located at 12 Fern Street, also identified as being PID number 55166029, from "R -2" One and Two Family Residential to "R -4" Four Family Residential classification, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number C.P 110 -205, A Law to Amend the Zoning By -Law of The City of Saint John." 15. General Correspondence 15.1 Celebration of National Canoe Day — June 15, 2013 On motion of Deputy Mayor Rinehart Seconded by Councillor Merrithew RESOLVED that the request for $1000 to support the celebration of National Canoe Day be referred to the City Manager. Question being taken, the motion was carried. 16. Supplemental Agenda the table. On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that items 16.1 to 16.11 be lifted from Question being taken, the motion was carried. 16.1 Third Reading Proposed Fire Protection By -Law On motion of Councillor McAlary Seconded by Councillor Snook RESOLVED that the by -law entitled "By -Law Number M -34, A By -Law Respecting Fire Protection in The City of Saint John ", respecting the appointment of Fire Prevention Officers; performance of fire prevention inspections; issuance of orders to property owners; and fines for failure to comply under this by -Law, be read. Question being taken, the motion was carried. The By -Law entitled, "By -Law Number M -34, A By -Law Respecting Fire Protection in The City of Saint John ", was read in its entirety. On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the by -law entitled "By -Law Number M -34, A By -Law Respecting Fire Protection in The City of Saint John ", respecting the appointment of Fire Prevention Officers; performance of fire prevention inspections; issuance of orders to property owners; and fines for failure to comply under this by -Law, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number M -34, A By -Law Respecting Fire Protection in The City of Saint John ", 16.2 Commissioner of Finance and Administrative Services: 2013 Insurance Renewal y: 97- COMMON COUNCILICONSEIL COMMUNAL DECEMBER 17, 20121LE 17 DECEMBRE 2012 On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the Commissioner of Finance and Administrative Services in the submitted report 2013 Insurance Renewal Council accept the insurance package offered by our Agent of Record, Hub International Atlantic Limited (formerly Huestis Commercial Insurance), and approves payments as follow: Insurance Premiums of $ 1,011,192 Agreed Agency Fee of $ 19,850 Payable to Hub International Atlantic Limited $ 1,031,042 Question being taken, the motion was carried. 16.3 City Manager: Harbour Clean -Up - Sanitary Lift Station #31 Rights of Way Former Mill Street - PIDs # 55176762 and 55118681 On motion of Councillor Snook Seconded by Councillor Norton RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -300: Harbour Clean -Up - Sanitary Lift Station #31 Rights of Way Former Mill Street - PIDs # 55176762 and 55198681: 1. That The City of Saint John acquire: A) a right of way over a portion of lands designated PID # 55176762 from J.D. Irving, Limited, and B) a right of way over lands designated PID # 55118681 from Bridge Road Properties Limited ([eased to T.S. Simms & Co. Limited), for the sum of $19,197.50 (plus HST if applicable), upon the terms and conditions contained in the "Memorandum of Agreement" attached to M &C 2012 -300; and, 2. That the Mayor and Common Clerk execute the Memorandum of Agreement and all documentation required to complete the contemplated purchase. Question being taken, the motion was carried. 16.4 City Manager: Estate of John Douglas Hazen - Red Head Road On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report Estate of John Douglas Hazen - Red Head Road the City gratefully accept the bequest of land from the Estate of John Douglas Hazen and that the Common Clerk convey the City's thanks to the Executor. Question being taken, the motion was carried. (Councillor Merrithew withdrew from the meeting) 16.5 City Manager: Proposed Public Hearing Date - 78 Prince William Street On motion of Councillor McAlary Seconded by Councillor Snook RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -301: Proposed Public Hearing Date - 78 Prince William Street Common Council schedule the public hearing for the rezoning application of Hazen Investments Limited (78 Prince William Street) for Monday, January 28, 2013 at 7:00 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for a report and recommendation. Question being taken, the motion was carried. (Councillor Merrithew re- entered the meeting) 16.6 City Manager: Engagement of Engineering Consultants - 2013 Capital Program 97- COMMON COUNCILICONSEIL COMMUNAL DECEMBER 17, 20121LE 17 DECEMBEE 2012 On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report M &C 2092 -299: Engagement of Engineering Consultants - 2093 Capital Program notwithstanding the City's Policy for the Procurement of Goods, Services and Construction, Common Council authorize staff to conduct negotiations for the engagement of engineering consultants to cant' out design and construction management services for the 2013 Water & Sewerage Utility Fund and General Fund Capital Programs with the proposed consultants identified in the Table "A" Engineering Consultant Engagements. Councillors Fullerton, Farren and Reardon expressed concerns that this resolution would open the door to granting tenders without following proper procedure in the future. Responding to a question, Mr. Edwards stated that Section 27 of the Public Purchasing Act of the lists some exemptions from the act which include engineers, land surveyors, accountants, lawyers and local practitioners. He explained that the rationale for staff's recommendation is that the City has experience dealing with practically every consulting agency in the Maritime Provinces, noting that the selected companies have the precise expertise and will offer the best price due to efficiencies stemming from previous projects and knowledge with the City. Mr. Edwards advised that the fees are not to exceed the minimum permitted by the Association of Professional Engineers in the Province of New Brunswick. He confirmed that after the price is negotiated he would be returning to council with a recommendation. Question being taken, the motion was defeated with Councillors Farren, Fullerton, MacKenzie, Merrithew, Reardon, Snook and Strawbridge. On motion of Councillor Farren Seconded by Councillor Snook RESOLVED that the projects specified in the submitted report from the City Manager entitled Engagement of Engineering Consultants - 2013 Capital Program be sent to public tender. Question being taken, the motion was carried with Councillors McAlary and Norton and Deputy Mayor Rinehart voting nay. 16.7 City Manager: Agreement for the Provision of Mobile Cellular Devices On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report Agreement for the Provision of Mobile Cellular Devices: 1. The City accept the proposal dated October 25th, 2012 submitted by Rogers Communications in response to Request for Proposal 2012- 580502P for the establishment of a three (3) year supply agreement for wireless service; and 2. The Mayor and Common Clerk be authorized to execute the necessary documents. Question being taken, the motion was carried. 16.8 City Manager: Mispec Park Shore Remediation and Protection - Recommendation for Award of Construction Tender (2012- 081804T) On motion of Councillor Strowbridge Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report M &C 2092 -295: Mispec Park Shore Remediation and Protection - Recommendation for Award of Construction Tender (2092- 081804T): 1. Common Council award Bid No. 2012- 081804T: Mispec Park Shore Remediation and Protection to the low bidder, Galbraith Construction Ltd., for the tendered price of $227,265.00 plus HST; 100 97- COMMON COUNCIUCONSEIL COMMUNAL DECEMBER 17, 20121LE 17 DECEMBRE 2012 2. The Mayor and Common Clerk be authorized to execute the necessary documents for the construction Contract; 3. Common Council pre - approve $256,809.45 in the 2013 Capital Budget of which $227,265.00 will be submitted to the New Brunswick Department of Public Safety (NBDPS) for reimbursement under the Disaster Financial Assistance Program (DFAP), with the balance being paid by the City of Saint John in the amount of $29,544.45 (HST portion of tendered price excluding HST rebate); and 4. Common Council consider including an additional budget of $45,000 for Mispec Park in the 2013 operating budget based on the enhanced submission from Parks & City Landscape. Question being taken, the motion was carried. 16.9 King Street East Property Owners - Request to Present (Mayor Norton withdrew from the meeting) (Deputy Mayor Rinehart assumed the chair) On motion of Councillor Reardon Seconded by Councillor Snook RESOLVED that the request to present from King Street East property owners be referred to Planning through the City Manager for a report to Council including previous minutes on the subject; and further that it be referred to the Clerk for scheduling. Question being taken, the motion was carried. (Mayor Norton assumed the Chair) 16.10 City Manager: 2013 General Fund Operating Budget (Tabled from Dec 13, 2012) The Mayor advised that a Council meeting will be held mid -week to address the operating budget as the city is awaiting information regarding the shared risk pension plan and long term disability (LTD) benefits. On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the report entitled 2013 General Fund Operating Budget be tabled. Question being taken, the motion was carried. 16.11 City Manager: Rockingstone Estates Subdivision — Phase 2 On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -303: Rockingstone Estates Subdivision - Phase 2 Council adopt the following resolution: The Subdivision Agreement dated the 18th day of September, 2008 between The City of Saint John and 617609 N.B. Inc. be amended so as to delete the obligation of the Developer to construct the portion of Bridgeview Court commencing at the prolongation southwardly of the western sideline of land identified as "Trustee Lands" which lands lie between Lot 08 -02 and Lot 08 -03 on the Tentative Subdivision Plan attached to the aforesaid Subdivision Agreement, and proceeding in an eastwardly direction approximately 44.5 metres to its eastern termination; AND FURTHER BE IT RESOLVED that the $39,000.00 security amount received by the City be returned to 617609 N.B. Inc. Councillor Farren stated that this developer has not followed through on conditions set by the previous Council and he did not believe the developer should be refunded the security amount. 101 97- COMMON COUNCIUCONSEIL COMMUNAL DECEMBER 17, 20121LE 17 DECEMBRE 2012 Question being taken, the motion was carried with Councillor Farren voting nay. 16.12 Commissioner of Finance and Administrative Services: Authority to Expend Funds Mr. Yeomans stated that the 2013 General Fund Operating budget has not been approved and if an operating budget is not adopted prior to 2013 there would be no authority for him to pay bills, leases or wages. He explained that the motion in the submitted report would give him the authority to continue to make payments that are required by contract until such time that the 2013 operating budget is approved. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the following resolution be adopted, namely: WHEREAS the 2013 General Fund Operating and Capital Budgets for the City of Saint John have not yet been approved by Common Council; and WHEREAS expenditures will be required in the normal course of the municipality's continuing operation prior to the approval of the 2013 Operating and Capital Budgets; NOW THEREFORE BE IT RESOLVED as follows: a) That the City Manager is hereby authorized to approve expenditures not exceeding $25,000 where provision for such expenditures would normally be contained in the municipality's Operating or Capital Budget; and b) That the Treasurer is hereby authorized to make payments: i) As required to meet the City's pre - existing or continuing obligations; ii) To boards, commissions or other organizations to which the City has pre- existing or continuing obligations or which in the Treasurer's opinion are necessary to ensure the continued fiscally prudent and efficient day to day operations of such boards, commissions or organizations; during the period concluding with the Council's approval of the 2013 General Fund Operating and Capital Budgets. Question being taken, the motion was carried. 17. Committee of the Whole 17.1 Committee of the Whole: Staffing in the Finance Department On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the Committee of the Whole the City Manager be authorized to fill on a permanent basis the vacancies resulting from the retirement of the Finance Clerk, the Payroll Administrator, and the Accounting Supervisor; and be authorized to hire a casual employee at the entry level of Administrative Assistant for a period ending not later than August 31, 2013. Question being taken, the motion was carried with Councillor Farren voting nay. 17.2 Committee of the Whole: Arrears in Payment Under Lease On motion of Councillor Merrithew Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the Committee of the Whole, the City distrain for rent due and in arrears from 662677 N.B. Inc. for rental of Parcel A and Lot 12 -01 at Reversing Falls, Bridge Road, Saint John, NB; direct the Commissioner of Finance to engage such services as necessary to effect such distraint and authorize the Mayor and Common Clerk to execute any necessary documentation with respect to the distress. 102 97- COMMON COUNCILICONSEIL COMMUNAL DECEMBER 17, 20121LE 17 DECEMBRE 2012 Question being taken, the motion was carried with Councillor McAlary voting nay. 17.3 Committee of the Whole: Purchase of "Permanent" LTD Coverage On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that as recommended by the Committee of the Whole the City Engage Owen McFayden for the following purposes: 1) Their proceeding on an urgent basis to seek quotes from invited providers for interim or bridging Long Term Disability (LTD) coverage for City employees until more `permanent' LTD coverage is put in place, and 2) Their assisting the City in developing a public advertisement for the purchase of LTD coverage commencing with the conclusion of the aforesaid bridging LTD coverage, and their assistance in evaluating the responses received to such public advertisement; and Further be it resolved that the Mayor and Common Clerk be authorized to execute the necessary documentation." Question being taken, the motion was carried. 18. Adjournment On motion of Councillor Reardon Seconded by Councillor Norton RESOLVED that the December 17. 2012 meeting be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 8:15 p.m. Mayor 1 maire Common Clerk 1 gref#iere communale 103 97- COMMON COUNCILICONSEII_ COMMUNAL DECEMBER 19, 2012 /LE 19 DECEMBRE 2012 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — DECEMBER 19, 2012 - 9:50 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Fullerton, MacKenzie, McAlary, Merrithew, Norton, Reardon and Snook - and - K. Forrest, Commissioner of Growth and Development Services /Acting City Manager; S. Brittain, Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; J. Taylor, Assistant Common Clerk; and K. Tibbits, Administrative Assistant 1. Call To Order — Prayer Deputy Mayor Rinehart called the meeting to order. On motion of Councillor Norton Seconded by Councillor McAlary RESOLVED that the meeting time be extended beyond 10:00 p.m. as provided for in the Procedural By -law. Question being taken, the motion was carried with Councillor Fullerton voting nay. On motion of Councillor McAlary Seconded by Councillor Snook RESOLVED that Section 5.6 of the Procedural By- law be suspended to allow for the addition of items 1.1 Committee of the Whole: Memorandum of Understanding Regarding The City of Saint John Pension Plan; and 1.4 Committee of the Whole: OMG Benefits Consulting Inc. Agreement. Question being taken, the motion was carried. (Deputy Mayor Rinehart withdrew from the meeting) After a recess, the open session meeting resumed with Mayor Norton assuming the Chair. 1.1 Pension Plan Reform — Committee of the Whole: Memorandum of Understanding regarding The City of Saint John Pension Plan Mayor Norton noted that Council had previously approved in principle the Memorandum of Understanding with respect to the shared risk pension model, subject to receiving information regarding the long term disability component. On motion of Councillor McAlary Seconded by Councillor Norton RESOLVED that the Mayor and Common Clerk be authorized to execute the submitted document, entitled "Memorandum of Understanding Regarding The City of Saint John Pension Plan" between the City, IAFF Local 771, the Saint John Police Association, CUPE Local 18 and CUPE Local 486. Question being taken, the motion was carried with Councillors Fullerton and Snook voting nay. 1.4 Committee of the Whole: OMG Benefits Consulting Inc. Agreement On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by Committee of the Whole the Mayor and Common Clerk be authorized to execute the submitted agreement between the City and OMG Benefits Consulting Inc. 104 97- COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 3, 2012/LE 3 DECEMBRE 2012 Question being taken, the motion was carried with Councillor Fullerton voting nay. 1.2 Long Term Disability Coverage On motion of Councillor Merrithew Seconded by Councillor Snook RESOLVED that Item 1.2 Long Term Disability Coverage be tabled. Question being taken, the motion was carried. 1.3 City Manager: 2013 General Fund Operating Budget (Tabled from Dec 17, 2012) Item 1.3 City Manager: 2013 General Fund Operating Budget remained on the table. 18, Adjournment On motion of Councillor Reardon Seconded by Councillor Merrithew RESOLVED that the meeting of December 19, 2012 be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 10:50 p.m. Mayor 1 maire Common Clerk 1 greffiere communale 105