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2013-06-17_Agenda Packet--Dossier de l'ordre du jourr. City of Saint John Common Council Meeting AGENDA Monday, June 17, 2013 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plait utiliser 1'entree Chipman Hill Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658 -2862. Powered By: S' � i)E- 1 Pages 1. Call to Order - Prayer 2. Approval of Minutes 2.1 Minutes of June 3, 2013 1 -9 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Easement Acquisition for Municipal Storm Sewer Line Civic #147 -155 and #243 10-17 Woodward Ave (Recommendation in Report) 5.2 Licence Agreement with Hargo Jet Boat Tour Inc. Little Red School House 18-23 (Recommendation in Report) 5.3 Tenders for Chemicals (Recommendation in Report) 24-25 6. Members Comments 7. Proclamation 8. Delegations / Presentations Powered By: S' � i)E- 1 9. Public Hearings 10. Consideration of By -laws 11. Submissions by Council Members 11.1 Real Time Programming of Council Meetings (Deputy Rinehart) 26-27 11.2 Banking Hours of Work (Councillor Reardon) 28-28 12. Business Matters - Municipal Officers 12.1 Contract 2012 -11: Rothesay Ave. Sanitary Lift Station - Sluice Gate and 29-30 Forcemain Upgrades 12.2 Engineering Services: Duke St. (Wentworth St. to Crown St.) - Street 31 -34 Reconstruction 12.3 Commissioner of Finance: Terms of the June 2013 Debenture Issue 35-36 12.4 Mobile Vendor Sites available for 2013 37-39 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Request to Present from J. MacQueen - Leinster Court Property 40-42 16. Supplemental Agenda 16.1 Engineering Services: Duke Street (Wentworth Street to Crown Street) - Street 43-47 Reconstruction 16.2 Contract No. 2013 -13: Millidge Avenue and Area - Sanitary Sewer Installations 48-49 16.3 Contract No. 2013 -12: Fairville Boulevard Water Main Renewal 50-51 16.4 City of Saint John Involvement in FCM Committees 52-57 16.5 Proclamation: World Refugee Day - June 20, 2013 58-58 16.6 Proclamation: National Aboriginal Day - June 21, 2013 59-59 16.7 Regional Policing (Councillor Norton) 60-60 2 17. Committee of the Whole 17.1 Committee of the Whole: Real Property Acquisition - 1954 Manawagonish 61 -64 Road PID # 55125330 18. Adjournment City of Saint John Common Council Meeting Monday, June 17, 2013 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658 -2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 10.(2)(4) of the Municipalities Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:30 p.m. 8t" Floor Boardroom City Hall 1.1 Approval of Minutes 10.2(4) 1.2 Land Matter 10.2(4)(d) 1.3 Personal Matter 10.2(4)(b) 1.4 Land Matter 10.2(4)(d) 1.5 Financial Matter 10.2(4)(c) 4 The City of Saint John S6ance du conseil communal Le lundi 17 juin 2013 Salle du conseil, 18 h Comit6 pl6nier 1.Ouverture de la s6ance 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 totalite ou en partie, peut faire l'objet d'une discussion en prive en vertu des dispositions prevues a Particle 10 de la Loi sur les municipalites. Le conseil /comite prendra une ou des decisions a cet egard au cours de la seance publique 16 h 30 — Salle de conference, 8e 6tage, h6tel de ville 1.1 Approbation du proces- verbal — paragraphe 10.2(4) 1.2 Question relative aux biens -fonds — alinea 10.2(4)d) 1.3 Question relative au personnel — alinea 10.2(4)b) 1.4 Question relative aux biens -fonds — alinea 10.2(4)d) 1.5 Question financiere — alinea 10.2(4)c) S6ance ordinaire 1. Ouverture de la s6ance, suivie de la priere 2. Approbation du proces- verbal 2.1 Proces- verbal du 3 juin 2013 3. Adoption de Pordre du jour 4. Divulgations de conflits d'int&ks 5. Questions soumises a 1'approbation du conseil 5.1 Acquisition d'une servitude relative au reseau municipal d'egout pluvial visant les 147 et 155 ainsi que le 243, avenue Woodward (recommandation figurant au rapport) 5.2 Contrat de licence conclu avec Hargo Jet Boat Tour Inc. et Little Red School House (recommandation figurant au rapport) 5.3 Soumissions relatives aux produits chimiques (recommandation figurant au rapport) 6. Commentaires pr6sent6s par les membres 7. Proclamation 8. D616gations et presentations 9. Audiences publiques 10. Etude des arret6s municipaux 11. Interventions des membres du conseil 11.1 Programmation en temps reel des reunions du conseil (mairesse suppl &ante Rinehart) 11.2 Accumulation des heures de travail (conseill &re Reardon) 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux 12.1 Contrat 2012 -11 : Station de rel &vement des eaux us6es de 1'avenue Rothesay — Modernisation des vannes registres et de la conduite de refoulement 12.2 Services d'ing &nierie : Rue Duke (de la rue Wentworth a la rue Crown) — Mection 12.3 Commissaire aux finances : Modalit &s relatives a 1' 6mission d'obligations de juin 2013 12.4 Emplacements pour vendeurs ambulants disponibles en 2013 13. Rapports d6pos6s par les comit6s 14. Etude des sujets 6cart6s des questions soumises a 11approbation du conseil 15. Correspondance g6n6rale 15.1 Demande reque de J. MacQueen voulant se presenter devant le conseil- Propri &t& sur l'impasse Leinster 16. Ordre du jour suppl6mentaire 16.1 Services d'ing &nierie : Rue Duke (de la rue Wentworth a la rue Crown) 16.2 Contrat 2013 -13 : Installation des &gouts sanitaires de 1'avenue Millidge et du secteur 16.3 Contrat 2013 -12 : Renouvellement de la conduite principale d'eau du boulevard Fairville 16.4 Participation de la Ville de Saint John aux comit6s de la Hd6ration canadienne des municipalit6s (FCM) 16.5 Proclamation de la Joum&e mondiale des r6f igi6s le 20 juin 2013 16.6 Proclamation de la Journ6e nationale des Autochtones le 21 juin 2013 16.7 Services de police r6gionaux (conseiller Norton) 17. Comite pl6nier 17.1 Comit& pl6nier : Acquisition de biens -fonds — 1954, chemin Manawagonish, NID 55125330 18. Cloture de la seance 97- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 3, 2013/LE 3 JUIN 2013 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — JUNE 3, 2013 - 6:00 P.M. Present: Mel Norton, Mayor Councillors Farren, Fullerton, Lowe, McAlary, Merrithew, Norton, Reardon and Strowbridge - and - P. Woods, City Manager; J. Nugent, City Solicitor; C. Graham, Comptroller; W. Edwards, Commissioner of Transportation and Environment Services; J. Hamilton, Commissioner of Growth and Community Development Services; A. Poffenroth, Deputy Commissioner Building and Inspection Services; K. Clifford, Fire Chief; J. Taylor, Common Clerk; and K. Tibbits, Administrative Assistant. 1. Call To Order — Prayer Mayor Norton called the meeting to order and Councillor McAlary offered the opening prayer. 2. Approval of Minutes 3. Approval of Agenda On motion of Councillor Reardon Seconded by Councillor McAlary RESOLVED that the agenda of this meeting be approved with the addition of items 16.1 Contract 2013 -10: Honeysuckle / Sherbrooke Drainage Basin Storm Sewer Improvements Phase 1; 16.2 Letter from Simonds High School regarding Bronze Duke of Edinburgh Certificate Presentation; and 17.1 Committee of the Whole: Expropriation for Portion of Civic #1905 Hickey Road Safe, Clean Drinking Water Program. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M &C 2013- 106: Proposed Public Hearing Date 221 Loch Lomond Road, Common Council schedule the public hearing for the rezoning application of Kathleen Bolger -Cole (221 Loch Lomond Road) for Tuesday, July 2, 2013 at 6:30 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for a report and recommendation. 5.2 That as recommended by the City Manager in the submitted report M &C 2013- 105: Easement Acquisitions for Municipal Storm Sewer Lines Civic #421 and #429 Dwyer Road: 1. The City of Saint John acquire an Easement for Municipal Services in and through the lands at civic #421 and civic #429 Dwyer Road, as per the submitted Agreements of Purchase and Sale, and as illustrated on the submitted Easement Sketch, titled "Milford Drainage Basin Stormwater System Improvements "; and 2. That the Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction. 5.3 That as recommended by the City Manager in the submitted report Microsoft Business and Services Agreement: 1. The City enter into a Business and Services Agreement with Microsoft Corporation for the software used by the City; and 2. That the Mayor and Clerk be authorized to execute the said agreement 97- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 3, 2013/LE 3 JUIN 2013 On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. Question being taken, the motion was carried. 6. Members Comments Council members commented on various community events. 7. Proclamation 7.1 National Health and Fitness Day - June 1, 2013 The Mayor proclaimed June 1, 2013 National Health and Fitness Day in the City of Saint John. 8. Delegations /Presentations 8.1 Presentation: Skate Canada International 2013 Referring to the submitted presentation, Ms. Jackie Stell- Buckingham, Director of Events for Skate Canada, provided information with respect to the Skate Canada International event, noting that it will be held in Saint John October 2013. On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the presentation from Skate Canada International 2013, be received for information. Question being taken, the motion was carried. 10. Consideration of By -laws 11. Submissions by Council Members 11.1 Mountain View Drive Sidewalk (Councillor Strowbridge) On motion of Councillor Strowbridge Seconded by Councillor Merrithew RESOLVED that the letter from Councillor Strowbridge entitled Mountain View Drive Sidewalk be referred to the 2014 capital budget for a cost estimate and be approved based on priority and available funding. Question being taken, the motion was carried. 12. Business Matters - Municipal Officers 12.1 Award of Proposal 2013 - 424001 P, Live -Fire Emergency Services Training Facility On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -112: Award of Proposal 2013- 424001P, Live -Fire Emergency Services Training Facility, the proposal be awarded to Fire Training Structures (FTS) of Phoenix Arizona at their bid price of $772,600.00 plus applicable taxes; with the City of Saint John retaining the right to cancel the marine and /or industrial platform components without penalty, provided notice is given within 30 days of issuance of the Purchase Order. Question being taken, the motion was carried. 12.2 Public Information Session Milford Sewer Separation - Phase II On motion of Councillor Farren 2 97- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 3, 2013/LE 3 JUIN 2013 Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -111: Public Information Session Milford Sewer Separation - Phase fl, be received for information. Question being taken, the motion was carried. 12.3 Lifeguard Services - City Beaches Clarification of Contract Terms On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -100: Lifeguard Services - City Beaches Clarification of Contract Terms, two optional extension periods of one year each for the season periods of 2014 and 2015 be added to the terms and conditions of the Lifeguard Services Agreement to clarify the exercising of the renewal option as follows: (a) To approve the submitted text of the Lifeguard Services Agreement between The City of Saint John and Maritime Daytripping Inc., in relation to the lifeguard services to provide safety supervision to the public who attend Dominion Park, Little River Reservoir, Fisher and Lily Lakes beaches, the text of which accompanies the submitted report to Common Council, dated May 28, 2013; and (b) That the Mayor and Common Clerk be authorized to execute the Lifeguard Services Agreement. Question being taken, the motion was carried. 13. Committee Reports 13.1 Planning Advisory Committee: Street Vesting 40 & 42 Loch Lomond Rd On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that Common Council assent to the submitted photo- reduced 516111 N.B. Ltd. and 640108 N.B. Ltd. Subdivision plan that would vest approximately 33 square metres of land as part of the Loch Lomond Road public street right -of -way. Question being taken, the motion was carried. 13.2 Heritage Development Board: Kings' Square Bandstand On motion of Councillor Reardon Seconded by Councillor Strowbridge RESOLVED that the letter from the Heritage Development Board regarding the King's Square Bandstand be received for information. Question being taken, the motion was carried. 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 16.1 Contract 2013 -10: Honeysuckle / Sherbrooke Drainage Basin Storm Sewer Improvements Phase 1 On motion of Councillor Farren Seconded by Councillor Reardon RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -113: Contract No. 2013 -10: Honeysuckle / Sherbrooke Drainage Basin Storm Sewer Improvements Phase I, the contract be awarded to the low Tenderer, Galbraith Construction Ltd., at the tendered price of $520,100.58 (including HST) as calculated based upon estimated quantities, and further 3 97- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 3, 2013/LE 3 JUIN 2013 that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 16.2 Letter from Simonds High School regarding Bronze Duke of Edinburgh Certificate Presentation On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the request from Simonds High School for a Bronze Duke of Edinburgh Certificate Presentation on June 10th be referred to the Clerk to schedule. Question being taken, the motion was carried. 17. Committee of the Whole 17.1 Committee of the Whole: Expropriation for Portion of Civic #1905 Hickey Road Safe, Clean Drinking Water Program On motion of Councillor Merrithew Seconded by Councillor Farren RESOLVED that as recommended by the Committee of the Whole, having met on June 3, 2013, Council makes the following resolution: Provided that funding is approved by PPP Canada under the P3 Canada Fund for the Safe Clean Drinking Water Program and upon Common Council approving the commencement of the procurement process for the Safe Clean Drinking Water Program: That: 2. That: The City Solicitor or his designate be authorized to commence and proceed with the expropriation process to acquire access and title to the lands required for the construction and operation of the transmission lines and associated infrastructure necessary for the proposed adjacent Saint John Public Water Treatment Facility along the alignment shown generally on the plan prepared by Alan Phinney of Saint John Water, dated May 29, 2013 a copy of which is attached to M &C 2013 -107; and Common Council hereby authorizes entry by its employees and by its agents upon the lands to be expropriated for the construction and operation of transmission lines and associated infrastructure necessary for the operation of the proposed adjacent Saint John Public Water Treatment Facility. The Mayor and Common Clerk be authorized to execute a Notice of Entry pursuant to the provisions of the Expropriation Act, c. E -14, R.S.N.B. 1973 and amendments thereto and the regulations thereunder with respect to property bearing PID number 00334524; such notice to advise that the City, its employees and its named agents intend to enter the property in question commencing not earlier than June 4, 2013 and continuing as necessary but in no event later than March 31, 2014 for the purpose of conducting activity to determine the suitability of the lands for the purpose of the construction and operation of transmission lines and associated infrastructure necessary for the operation of the proposed adjacent Saint John Public Water Treatment Facility; and The City Solicitor or his designate arrange that such Notice of Entry be given in accordance with the requirements of the Expropriation Act. 4 97- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 3, 2013/LE 3 JUIN 2013 Question being taken, the motion was carried. Mayor Norton called a brief recess until 7:00pm for the scheduled public hearings 9. Public Hearings 7:00 P.M. 9.1 Proposed Municipal Plan & Zoning ByLaw Amendments - Lorneville Harbour 9.1.1 Planning Advisory Committee Recommending Municipal Plan Amendment and Rezoning with Section 39 Conditions The Common Clerk advised that the necessary advertising was completed with regard to the proposed Municipal Plan and Rezoning amendments of a parcel of land located at Lorneville Harbour having an area of approximately 1.6 hectares, also identified as being a portion of PID Number 55161541, from Park and Natural Area to Employment Area classification and redesignating, on Schedule B the same parcel of land from Park and Natural Areas to Heavy Industrial classification; and by rezoning a parcel of land located at Lorneville Harbour having an area of approximately 2.8 hectares, also identified as being a portion of PID Number 55161541, from "RF" Rural to 1 -2" Heavy Industrial to permit an industrial barge facility and access road as requested by Saint John Industrial Parks with no letters of support or objection being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of planning staff's report considered at its May 22, 2013 meeting at which the Committee recommended approval as set out in the staff recommendation, to rezone a parcel of land located at Lorneville Harbour as described above with Section 39 conditions. The Mayor called for members of the public to speak against the rezoning with no one presenting. The Mayor called for members of the public to speak in favour of the rezoning with Mr. Claude MacKinnon, President of Saint John Industrial Parks Ltd. indicating that SJIP is in agreement with the staff report and recommendation. On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the by -law entitled, "A Law to Amend the Municipal Plan By -Law" amending Schedule A — City Structure, by redesignating a parcel of land with an area of approximately 1.6 hectares, located at Lorneville Harbour, also identified as being a portion of PID Number 55161541, from Park and Natural Area to Employment Area classification and amending Schedule B — Future Land Use, by redesignating the same parcel of land from Park and Natural Areas to Heavy Industrial classification, be read a first time. Question being taken, the motion was carried. Read a first time by title, the bylaw entitled, "A Law to Amend the Municipal Plan By- Law." On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the by -law entitled, "A Law to Amend the Municipal Plan By -Law" amending Schedule A — City Structure, by redesignating a parcel of land with an area of approximately 1.6 hectares, located at Lorneville Harbour, also identified as being a portion of PID Number 55161541, from Park and Natural Area to Employment Area classification and amending Schedule B — Future Land Use, by redesignating the same parcel of land from Park and Natural Areas to Heavy Industrial classification, be read a second time. Question being taken, the motion was carried. Read a second time by title, the bylaw entitled, "A Law to Amend the Municipal Plan By- Law." On motion of Councillor Farren Seconded by Councillor Reardon 5 97- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 3, 2013/LE 3 JUIN 2013 RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John ", amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 2.8 hectares, located at Lorneville Harbour, also identified as being a portion of PID Number 55161541, from "RF" Rural to 1 -2" Heavy Industrial, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor Farren Seconded by Councillor Reardon RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John ", amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 2.8 hectares, located at Lorneville Harbour, also identified as being a portion of PID Number 55161541, from "RF" Rural to 1 -2" Heavy Industrial, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9.2 Proposed Zoning ByLaw Amendment - Keeping of Chickens as a Secondary Use 9.2.1 Planning Advisory Committee report Recommending Keeping of Urban Chickens Bylaw Amendment (Tabled on March 11, 2013) 9.2.2 Letters of Support The Common Clerk advised that the necessary advertising was completed with regard to amending the Zoning By -Law of The City of Saint John by adding subsection 810(14) regarding the Keeping of Chickens as a Secondary Use with letters of support being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of planning staff's report considered at its February 19, 2013 meeting at which time the Committee recommended the amendment to the Zoning ByLaw of the City of Saint John with respect to the Keeping of Chickens as a Secondary Use. The Mayor called for members of the public to speak against the amendment with no one presenting. The Mayor called for members of the public to speak in favour of the amendment with Mr. Raymond Breau of 4 John T. McMillan Avenue stating that he has a backyard chicken coop under a temporary permit, adding that he is in agreement with the staff report and recommendation. Mr. Kliffer stated that enforcement of the bylaw would be complaint driven, adding that a Change of Use permit is required in order to have a chicken coop. Responding to a question with respect to the provision of the disposal of chickens, Mr. Kliffer noted that the intention is to direct people to the proper means of disposing of chickens and to discourage wrongful activity in residential backyards. Ms. Poffenroth clarified that the fee for a Change of Use permit will cover the cost of processing the application; ensuring that it meets the bylaw requirements; and conducting a site inspection to ensure the coop and the structure meet the standards specified in the bylaw. She stated that if there were complaints at a later date regarding enforcement issues, it would be an additional cost borne by the taxpayers. Ms. Poffenroth confirmed that chicken coops will not be permitted in all zones and a Change of Use permit denied in zones with higher densities. Mr. Nugent, referring to the liability issue, suggested that the homeowner is responsible to act in a non - negligent and responsible fashion, adding that if there is reasonable effort A 97- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 3, 2013/LE 3 JUIN 2013 in establishing standards that promote a non - dangerous environment, it would limit the City's liability. On motion of Councillor Strowbridge Seconded by Councillor Reardon RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" adding subsection 810(14) regarding the Keeping of Chickens as a Secondary Use, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor Strowbridge Seconded by Councillor Reardon RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" adding subsection 810(14) regarding the Keeping of Chickens as a Secondary Use, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9.3 Proposed Municipal Plan & Zoning ByLaw Amendments - 700 Millidge Ave. 9.3.1 Planning Advisory Committee Recommending Municipal Plan Amendment and Rezoning with Section 39 Conditions 9.3.2 Letter of Opposition Proposed Muncipal Plan Amendment 700 Millidge Ave. The Common Clerk advised that the necessary advertising was completed with regard to the proposed Municipal Plan and Rezoning amendments of a parcel of land located at 700 Millidge Avenue having an area of approximately 8.5 hectares, also identified as being PID Number 55062269 and a portion of PID Number 00042036, from Suburban Neighbourhood Intensification Area and Park and Natural Area to Suburban Neighbourhood Intensification Area classification and redesignating on Schedule B, the same parcel of land, from Urban Reserve and Park and Natural Areas to Major Community Facility; and by rezoning the same parcel of land from "R -1 A" One Family Residential to "IL -2" Major Institutional, to permit a group care facility, senior citizens apartments and associated activities as requested by SHX Developments Ltd., with written objections received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of planning staff's report considered at its May 22, 2013 meeting at which the Committee recommended approval as set out in the staff recommendation, to rezone a parcel of land located at 700 Millidge Avenue as described above with Section 39 conditions. The Mayor called for members of the public to speak against the rezoning with Caroline Brunelle of 18 Trinity Close, Andrew Ringeri of 144 Woodhaven Drive and Paul Paulin of 18 Reed Street raising the following concerns: - Impact on resident's buffer zones and resulting lack of privacy - Flooding and drainage concerns - Environmental damage to the wetland area - Potential disturbances related to the duration of the construction, noise and lighting - Rezoning of the site from a single family residential zone - Engineering design of the proposed detention pond itself - Size of the five story development inconsistent with development in the area The Mayor called for members of the public to speak in favour of the rezoning with Jason Shannon, President of Shannex Development Ltd. and Shannex Health Care and Daryl Dickson, Construction Manager who indicated that they are in agreement with the staff recommendations. Mr. Shannon made the following comments: 7 97- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 3, 2013/LE 3 JUIN 2013 - the scope of the proposed development is similar the Shannex in Quispamsis, - the project is multi - phased with the first phase of estimated at $30,000,000 - several hundred local contractors to be employed for a period of approximately two years during construction and between 130 to 150 staff once completed - Shannex to continue to work with City engineers to address flooding concerns - the final specifications of the detention pond are to be approved by the City - Shannex will attempt to minimize the impact to resident's property with respect to the buffering and loss of privacy Mr. Dickson provided an overview of the construction process of the detention pond and the proposed development and addressed the concerns as identified by the residents. He reiterated that Shannex will provide buffers zones as it can relative to the design of the pond, adding that he will work with City engineers and property owners to address individual situations. On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that the by -law entitled, "A Law to Amend the Municipal Plan By -Law" amending Schedule A — City Structure, by redesignating a parcel of land with an area of approximately 7 hectares, located at 700 Millidge Avenue, also identified as being PID Number 55062269 and a portion of PID Number 00042036, from Suburban Neighbourhood Intensification Area and Park and Natural Area to Suburban Neighbourhood Intensification Area classification and amending Schedule B — Future Land Use, be redesignating the same parcel of land from Urban Reserve and Park and Natural Areas to Major Community Facility classification, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law to Amend the Municipal Plan By- Law." On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the by -law entitled, "A Law to Amend the Municipal Plan By -Law" amending Schedule A — City Structure, by redesignating a parcel of land with an area of approximately 7 hectares, located at 700 Millidge Avenue, also identified as being PID Number 55062269 and a portion of PID Number 00042036, from Suburban Neighbourhood Intensification Area and Park and Natural Area to Suburban Neighbourhood Intensification Area classification and amending Schedule B — Future Land Use, be redesignating the same parcel of land from Urban Reserve and Park and Natural Areas to Major Community Facility classification, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Municipal Plan By- Law." On motion of Councillor Farren Seconded by Councillor Norton RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John ", amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 7 hectares, located at 700 Millidge Avenue, also identified as being PID Number 55062269 and a portion of PID Number 00042036, from "R -1 A" One Family Residential to "IL -2" Major Institutional, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John ", amending Schedule "A ", the N 97- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 3, 2013/LE 3 JUIN 2013 Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 7 hectares, located at 700 Millidge Avenue, also identified as being PID Number 55062269 and a portion of PID Number 00042036, from "R -1A" One Family Residential to "IL -2" Major Institutional, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 18. Adjournment On motion of Councillor Norton Seconded by Councillor McAlary RESOLVED that the Common Council meeting of June 3`d, 2013 be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 9:05 p.m. Mayor / maire Common Clerk / greffier communal 9 R_tt1 O RLr TO C1 0lV[ 4t � N COUNCIL M &C -2013 -122 June 17, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Easement Acquisition for Municipal Storm Sewer Line Civic #147 -155 and #243 Woodward Avenue BACKGROUND: riYn City of saint John As part of the City's ongoing Capital Budget, Municipal Operations has targeted a number of new and replacement of existing storm sewer pipes that are to be installed in the Millidgeville area. The easement considered in this report is required to capture storm water currently entering the storm sewer on Boars Head Road and redirect it to Caledonia Brook. The storm sewer on Boars Head Road is over capacity and currently prone to surcharging during wet weather events. The proposed work should reduce the risk of surcharging in the Boars Head Road Storm Sewer. Construction work is expected to occur this summer. In order to complete this work one other easement is required from a nearby property. Staff will prepare a report for Council's consideration once an agreement is reached. The following recommendation will secure the necessary easement over the subject property. RECOMMENDATION: That The City of Saint John enter into an Agreement of Purchase and Sale generally in the form as attached to this M & C #2013 -122 for the purchase of an Easement for Municipal Services in and through the lands at civic #147 - #155 and civic #243 Woodward Avenue and as illustrated on the attached Easement Sketch, titled "Boars Head Road — Storm Sewer Improvements Property Requirements "; and 10 M & C — 2013 -122 - 2 - June 17, 20I3 2. That the Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction. Respectfully submitted, L� 4 Curtis Langille, B Real Estate Officer Cathy Gralm, CGA Acting Commissioner Finance and Administrative Services Attachments CL/c 11 Brian Irving, BBA - Manager Real Estate trick Woods, CGA Manager R. r Easement Acquisition Printed- 06/10/13 10:51:54 AM f •+ K� • 1 � ' t AGREEMENT OF PURCHASE AND SALE The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser an easement for municipal services in and through the Vendor's lands bearing PID# 42671 and #418566 as hereinafter set out upon the following terms and conditions: Vendor: Bell Canada 1 Germain Street P.O. Box 5030 Saint John, NB E2L 4X4 Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NB E21_41_1 Attention: Common Clerk Premises: An Easement for Municipal Services in and through parcels of land identified as PID # 42671 and #418566 (civic addresses #147 -155 and civic #243 Woodward Avenue), comprising 998 square metres +/- and 300 square metres ± as shown on a drawing titled "BOARS HEAD ROAD — STORM SEWER IMPROVEMENTS PROEPRTY REQUIREMENTS" (hereinafter called the "Lands "), a photo - reduced copy of said drawing is attached hereto as Schedule "A ". Purchase Price: $1.00+ HST if applicable Closing Date: On or before August 31, 2013. 1. The Purchaser shall acquire from the Vendor an easement and rights at the cost, risk and expense of the Purchaser, by its officers, servants, agents, contractors and workers, to enter the Lands with machinery, materials, vehicles and equipment and to construct, alter, maintain, inspect and repair underground water mains or pipelines, storm sewers, sanitary sewers or any like municipal works including all related works appurtenant thereto, promptly restoring as far as is practical the surface of the Lands to the same conditions as it was prior to the commencement of the work or excavation, together with the right by action or otherwise at any time to enjoin the Vendor, including the heirs, executor, administrators, successors and assigns of such Vendor from erecting or locating on the Lands any building, structure or other obstacle which could impair the free and full use of the easement or permitting the erection or location thereon of any such building, structure or other obstacle. 13 1 Agreement of Purchase and sale Bell Canada and The City of Saint lohn 2. The Purchaser may examine the title to the Lands at its own expense until closing. If within that time any valid objection to the title to the Lands is made in writing by the Purchaser to the Vendor which the Vendor shall be unable or unwilling to remove within twenty (20) days of notification of such objection or objections and which the Purchaser will not waive, this agreement shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and any deposit shall be returned by the Vendor without interest and the Vendor shall not be liable for any costs or damages. I In the event that the Vendor's title is encumbered, and the determination that any encumbrance exists is in the sole and absolute discretion of the Purchaser, the Vendor shall obtain from each encumbrancer a Postponement, in registerable form, of such encumbrance to the Purchaser's easement provided that the Purchaser shall reimburse the Vendor for all administration (including appraisal) fees required ,hy each encumbrancer to give the Postponement. 4. (1) The Purchaser shall prepare at its cost any Plan of Survey required to effect the conveyance herein contemplated; and (ii) The Purchaser shall reimburse the Vendor up to $500.00 for legal fees (including HST) expended by the Vendor to finalize this conveyance; and (iii) The Purchaser shall pay for all administration (including appraisal) fees required by the mortgagee (if applicable) to postpone the mortgage, and (iv) The Purchaser shall pay for registration and filing fees at SNB for the plan, Grant of Easement and Postponement. 5. if the Purchaser defaults in the closing of the sale under the terms of this Agreement, any money paid hereunder shall be forfeited to the Vendor by way of liquidated damages and the Vendor shall have no further recourse. 6. This offer shall be irrevocable by the Vendor until 4:00 p.m, local time on and upon acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the parties hereto. 7. This Agreement shall be binding upon the parties hereto, their respective heirs, executors, administrators, successors and assigns. 2 14 Agreement of Purchase and Sale Beil Canada and The City of Saint John IN WITNESS WHEREOF the Vendor has caused these presents to be executed this �_ day of _, ndor Joseph A Real, Estate �, Manager Bell Aliant AND the Purchaser has caused these presents to be executed this day of 20 THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 15 3 Form 45 AFFIDAVIT OF CORPORATE EXECUTION Land Titles Act, S.N.B. 1981, c.L -1.1, 5.55 Deponent: Position Held by the Deponent: Corporation: Place of Execution: Date of Execution: Joseph Al -Molky 1505 Barrington St. PO Box 880 Halifax, Nova Scotia Manager - Real Estate Services Bell Aliant Regional Communications Inc. as general partner of Bell Aliant Regional Communications, Limited Partnership Halifax, N.S. May _1� , 2013 I, the deponent, make oath and say: 1. That I hold the position 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 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 in Halifax, ) Province of Nova Scotia, ) on May 7- , 2013. ) } BEFO E ME: ) } ) A COMM ON R ATHS, ) Being a Solicitor ) MARYANNE CAMPBELL A Notary Public in and for t'.:: Provinw of Nova Scotia 16 �1'1*4 1 - /VI JI Joseph At -Mot y Legend • , Privately Owned_Property } P, v L j 1 Privelely_Owned_Pmperty r 4• 1 '� ■ Catch Beam (CBCW L1! �S 1 �• a �! Pyramid Catch Basin (CBCL) C 900A 'fi l• O Storm Manhole(CBCL) Y E� G 1 r v� ' i✓r Storm Sewer (CBCL) ` ♦ v .f �� ,: X11 c ! *� w`��• �- .G ;� _ y,�fFt a''�^ f Ile �►► M Oat � p 1 • r. T LY OWNED PROPERTY m 4' r r�C PRIVATELY OWNED PROPERTY Pit) -= 004'18S88 r 'F 4 PID - 0042671 (300 so M) w k J ' (998 SQ:M) C C1312911A 1 CC6,29D4H CC612903A CCB12903C CG�12903E �. P' ?`rn�r ch Boars Head Rd C CS12909H 0ccB,2sDSO , ; �t 6 a 1141 o4 ;T!tt + ' SO _ZZ _ — — _ ". • — uy, Al CBCL LIMITED I b5ant — DI.M,.gD•.ApHon CITY OF SAINT JOHN BOARS HEAD ROAD - 00118UIB9g Engh m SAINT JOHN, NB STORM SEWER IMPROVEMENTS V PROPERTY REQUIREMENTS 17 r � .fit �''`�; • r � ••• ., • , 04 ReN91en ar l.7 ISSUED FOR DESIGN REPORT (8112/2011) Drawn DLH Dav�ed Pis '-° KDT Awn'° •d EMD scde 1:75D cwtr t No 082842.05 owe AUG 2011 Dra. Ong N. AA REPO FU TO CWAMC)N COUNTCIL M & C — 2013 -121 June 10, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Licence Agreement with Hargo Jet Boat Tour Inc. Little Red School House di City of Saint john Hargo Jet Boat Tours Inc. has been operating a bicycle rentallboat tour sales office from the "Red School House" adjoining the Coast Guard property for the past few years. Given the pending redevelopment plans for the Coast Guard site, last year the City granted a weekly Licence to Hargo for the 2012 season. Saint John Waterfront Development is in agreement with the conditions as set out in the attached Licence document which is similar to the previous year. RECOMMENDATION: 1. That the City enter into a weekly Licence agreement with Hargo Jet Boat Tour Inc. upon the terms and conditions set forth in the document attached to M &C 2013 -121, and further 2. That the Mayor and Common Clerk be authorized to sign all necessary documentation. Respectfully submitted, Curtis Lan 'lle, B Real Estate Offic � f i Cathy Grah CG `` z Acting Commissioner Finance and Administrative Services Attachment 18 Brian Irving, BBA Manager Real Estate ck Woods, CGA City Manager THIS LICENCE made in duplicate as of the day of , 2013. 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 "Licensor" - and — HARGO JET BOAT TOUR INC., a body corporate duly incorporated under the laws of the Province of New Brunswick, having its head office in the City of Saint John in the County of Saint John and Province of New Brunswick, hereinafter called the "Licensee" RECITALS: WHEREAS the Licensor is the owner of the lands bearing PID number 55011894 shown on Schedule A attached hereto and forming part hereof (hereinafter the "Lands "); AND WHEREAS situate upon the Lands is a little red school house owned by the Licensor and highlighted in red on Schedule A (hereinafter the "House); AND WHEREAS the Licensor has agreed to give the within Licence under the terms and conditions hereinafter set forth; NOW THEREFORE THfS LICENCE WITNESSETH that for and in consideration of the sum of Two Dollars of lawful money of Canada now paid by the Licensee to the Licensor, the receipt and sufficiency whereof is hereby acknowledged, the Licensor does hereby grant, subject to the terms, conditions, covenants and provisions herein contained, permission and Licence to the Licensee to enter into and upon and exit from the Lands for the sole purpose of using the House to sell bicycle rentals, boat tours and pre- packaged snacks for the term of this Licence, on the following terms and conditions. IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. This Licence shall be for a period of one (1) week, commencing June 6, 2013 at 12:01 a.m. and ending June 12, 2013 at midnight. 19 Licence Agreement The City of Saint John and Hargo Jet Boat Tours Inc. Page 2 of 4 2. Provided the Licensee is not in default, the within Licence renews weekly automatically until October 26, 2013 unless either party gives five (5) days notice, in writing, to the other that the Licence shall terminate. 3. The Licensee shall pay to the Licensor for the privileges herein granted the sum of Fifty Dollars ($50.00) per week, not including HST, on the day prior to the commencement of the week. 4. The Licensee agrees and acknowledges that there is a pending Development on the Lands. 5. Notwithstanding anything else herein contained, this Licence may be terminated forthwith without notice to the Licensee in the event that the Licensee shall, in the opinion of the Licensor, be in default of any of the terms and conditions of this Licence 6. No transfer or assignment of this Licence or of any of the rights or privileges herein granted shall be made, or caused or permitted to be made by the Licensee. 7. The Licensee hereby covenants and agrees with the Licensor as follows: a) that it shall only use the House as a customer service office for the sale of bicycle rentals, boat tours and pre - packaged snacks; b) that it shall be responsible to pay for utilities and phone services to the House; c) that it shall only put up one sign up on the House, and that all other signage shall be on the ground; d) that at least half of the existing school benches and tables currently located in the House shall remain in place and intact as public display in the House for the term of the Licence; e) that it shall not change or cause to be changed the current red color of the House, and it shall ensure that the exterior of the House remains intact and in the state that it was at the time of the signing of this Licence; f) that it shall not use the House as a bicycle storage, or for any other purpose than that which is stated at paragraph a) hereof; g) that it shall keep the area around the House and the trailer, referred to in article 8, clean and tidy at all times; 20 Licence Agreement The City of Saint John and Hargo Jet Boat Tours Inc. Page 3 of 4 h) that no vehicle other than a trailer as noted above in "g" be permitted adjacent to, behind, in front of or otherwise on the property at or near the Red Schoolhouse; i) that it shall, at no expense to the Licensor, obtain and maintain in full force and effect during the entire term of this Licence, a Commercial General Liability Insurance policy with policy limits of not less than five million dollars ($5,000,000.00) inclusive per occurrence for bodily injury and property damage; which policy shall name the City as an additional insured and shall contain a cross - liability clause; j) that it shall, on or before June 6th, 2013, submit to the City a Certificate of Insurance or other satisfactory evidence of having obtained and maintained the insurance coverage required at paragraph h) hereof; 8. The Licensor, for its part, covenants and agrees with the Licensee as follows: a) that it shall cause electrical power to be installed to the House; b) that it shall permit the Licensee to park a bicycle trailer adjacent to the House during the term for bicycle rentals. IT IS FURTHER MUTUALLY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 9. No change or modification of this Licence shall be valid unless it is in writing and signed by the Licensor and the Licensee. 10. This Licence supersedes and takes the place of all prior agreements entered into by the parties with respect to the House. 11. This Licence shall not be enforced or bind any of the parties thereto, until executed by all the parties named in it. 12. Notwithstanding any clauses herein, the Licensee does hereby indemnify and save harmless the Licensor from all damages, cost, claims, demands, actions, suits or other proceedings by whomsoever 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 use of the Lands and House pursuant to the within Licence or anything done or purported to be done in any manner hereunder, except for damages caused by the City's negligence. 21 Licence Agreement The City of Saint John and Hargo Jet Boat Tours Inc. Page 4 of 4 THIS LICENCE shall enure to the benefit of and be binding upon successors and assigns of the parties hereto respectively. SIGNED, SEALED & DELIVERED ) In the presence of: ) THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: , 2093 HARGO JETBOAT TOUR INC. Per: 7� Ja'NQ,e Ha ism= -J Preside d General Manager 22 Sch '.---Ie ","P" 23 REPORT TO COMMON COUNCIL aff�XemP1C] 11 June, 2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Tenders for Chemicals 2013- 681002T. 2013-681003T. 2013-681004T BACKGROUND: Tenders closed on June 5, 2013 for the establishment of annual supply agreements for the various chemicals used by Saint John Water, in the treatment of the City's potable water supply. Included in these tenders were: 1) Chlorine Gas 2) Hydrofluosilicic Acid (H2SsiF6) 3) Sodium Hypochlorite ANALSYIS: A total of 6 companies responded to the different requirements of the tender calls and summaries of the bids have been enclosed for your consideration. Staff of Materials Management and Saint John Water have reviewed the tenders and have made the following determinations: Chlorine Gas Brenntag Canada Inc. were the only company who chose to submit a tender for Chlorine Gas. The tender submission was reviewed by staff and was found to be complete in all regards. Hydrofluosilicic Acid Two companies chose to respond to this tender call. Upon reviewing the tender submissions it was determined that the bid submitted by Brenntag Canada Inc. was the lowest bid and complete in all regards. Page 1 24 Sodium Hypochlorite Five bids were received for this tender and all five bids were found to be complete in all regards. For clarification purposes, two options for product concentrations were requested as a requirement of this tender; up to 24 Tonne shipments of 15% product concentration and /or up to 30 Tonne shipments of 12% product concentration. When staff calculated the bids on the basis of cost for each concentration (cost/kg / %), it was determined that the lowest compliant bid was offered by Brenntag Canada Inc. as indicated on the attached summary. FINANCIAL IMPLICATIONS: It is estimated, based on previous year's consumption and the unit prices bid, that the City will spend approximately $100,000.00 to purchase Sodium Hypochlorite, $90,000.00 to purchase Hydrofluosilicic acid and $190,000.00 for Chlorine gas. These are planned expenditures and as such funds are provided in the annual Operating Budget, RECOMMENDATION: It is recommended that the tenders for the establishment of supply agreements for various chemicals used to treat the City's potable water supply be awarded to the lowest bidder in each case, as follows: Sodium Hypochlorite to Brenntag Canada Inc., Hydrofluosilicic Acid to Brenntag Canada Inc. and Chlorine Gas to Brenntag Canada Inc. Respectfully submitted, Kendall Mason, P. Eng., PMP Deputy Commissioner, Saint John Water Wm. Edwards, P. Eng. J. Patrick Woods CGA Commissioner, Saint John Water City Manager YT Page 2 25 June 10, 2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Real Time Programming of Council Meetings Background: Since beginning our term as Council many constituents and a number of Councillors have raised the potential for having Council meetings broadcast in real time as opposed to the delay that doesn't see the broadcast begin until 9pm. Jonathan Taylor and I met with officials from Rogers to discuss the parameters necessary for live broadcasting to occur. The requirements for Rogers are included below but essentially we would need to: 1. Start the meeting promptly at 6pm. This would require Committee of the Whole finishing no later than 5:50pm and reconvening following the regular session of Council regardless of the amount of items left to deal with or the need to have staff or consulting resources present. 2. Breaks taken, for example during public hearings or for impromtu committee of the whole discussions during regular meetings, would need to be scheduled or notice given so that interlude programming could be put in place and be limited to 8 - 10 minutes. Motion: That Council direct the Common Clerk to work with Rogers to implement real time programming of Council meetings based on agreement by Council to adhere to the schedule parameters required to do so. Respectfully Submitted, (Received via email) Dr. Shelley Rinehart Deputy Mayor City of Saint John �r VU SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 41-1 26 Requirements as outlined by Rogers: IN CAMERA SESSIONS: - All in- camera sessions should be complete either before or after the broadcast, meaning we wouldn't be able to accommodate longer breaks within the council for in- camera session. Our normal practice would be to stop broadcasting if an in- camera session lasted longer than 8 -10 minutes. - We would also need some notification of the break or session, at least 1 -2 minutes, so the producer can arrange break material for broadcast. START TIME: The start time would be Mondays (or Tuesdays in the event of a holiday weekend), at 6 PM. - If there was a rare incident where council is going to be late, we could accommodate up to 5 minutes, and a member of council would be required to relay that information to the producer with at least 1 -2 minutes of lead time so he could arrange for graphics to announce the later start time for viewers. BREAKS: - Much the same as above, we can accommodate breaks, but not for much longer than 8 -10 minutes. - Again, we would need a rough idea of the timing of a break (for example, we talked about having one about 90 minutes into the session), and we would ask for notification, so TV break material can be arranged. Other Points: - The timeline to be able to switch the broadcast from tape delay to live would require approximately 3 weeks' notice, this would allow us to promote the schedule change and prepare additional information. - We would ask the City of Saint John to assist with promoting the time change. - One master copy of each council meeting could be arranged as a complimentary service. If you required multiple copies, duplication charges would be applicable. 27 June 11, 2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Banking Hours of Work Background: Currently in Calgary the city employees work 37.5 hours per week but are only paid for 35 /week, banking the outstanding 2.5 hours. Over three weeks this accumulates to 7.5 hours and the employee can take a day off with pay the following week continuing with the formula of working 37.5 hours and being paid for 35. Apparently employees like having this option and I would ask our HR Department to look into the possible application of this practice for City of Saint John employees. Motion: Direct the City Manager investigate the possibility of adjusting hours of work to accommodate banking 2.5 hours weekly. Respectfully Submitted, (Received via email) Donna Reardon Councillor —Ward 3 City of Saint John �r VU SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41_1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 W RE-PORT TO COMMON COUNCIL M &C2013 -125 June 11, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: rSl The City rf Stun lotm SUBJECT: Contract No. 2012 -11: — Rothesay Avenue Sanitary Lift Station - Sluice Gate and Forcemain Upgrades BACKGROUND The Rothesay Avenue Sanitary Lift Station Sluice Gate and Force main Upgrades project was approved in the 2013 Water & Sewerage Utility Fund Capital Program and includes the replacement of a sluice gate and associated chamber on the inflow line to the Rothesay Avenue Sanitary Lift Station to control flow to the lift station wet well and the replacement of a section of twin forcemains near the lift station. The Rothesay Avenue Sanitary Lift Station is a critical infrastructure component within the City's wastewater pumping and collection scheme. Wastewater is conveyed to this lift station from Glen Falls, Forest Hills, McAllister Drive, Westmorland Road and Rothesay Avenue areas. The sanitary sewer that provides gravity flow to this lift station is a 750 mm diameter pipe. Twin 300 mm diameter forcemains convey the sanitary flow on the discharge side of the lift station which transitions to a single forcemain and then back to twin forcemains before discharging at the Thorne Avenue Wastewater Treatment Plant. TENDER RESULTS Tenders closed on June 5, 2013 with the following results: 1. Terraex Inc. Construction Ltd., Saint John, NB $389,963.00 2. Galbraith Construction Ltd., Saint John, NB $395,906.80 3. Falls Construction Ltd., Grand Falls, NB $859,929.93 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low Tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. It is anticipated (subject to contractor schedules) that construction of this project will commence in late June 2013 and finish in late July 2013. W M &C2013- 125 June 11, 2013 Page 2 FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2013 Utility Fund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and City forces. The analysis is as follows: Budget $520,000 Project net cost $486,000 Variance (Surplus) $34,000 POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract No. 2012 -11: Rothesay Avenue Sanitary Lift Station - Sluice Gate and Forcemain Upgrades be awarded to the low Tenderer, Terreax Inc.., at the tendered price of $389,963.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, furt m �e-� Pierre LeBlanc, M.I.T. Brian Keenan, P. Eng. Municipal Engineer Engineering Manager Wm. Edwards, Zn�g J atrick Woods, CGA Commissioner rty Manager Transportation and Environment W REPORT COMMON COUNCIL M &C2013 -124 June 7, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: �' 1110 The 01y ofSmra John SUBJECT: Engineering Services: Duke Street (Wentworth Street to Crown Street) — Street Reconstruction BACKGROUND The approved 2013 General Fund Capital Program includes a design project for the reconstruction of Duke Street from Wentworth Street to Crown Street. The design work involves renewal of the existing watermain and sanitary sewer, installation of a new storm sewer and street reconstruction including new granular materials, curb, sidewalk, asphalt base and surface courses and landscaping. A Request for Proposal (RFP) was advertised from May 9 to May 30, 2013 to engage an Engineering firm to carry out the following services for the above noted project: ♦ Part A — Site Surveys, Preliminary Investigation and Data Collection ♦ Part B — Preliminary Design, Cost Estimates and Design Report ♦ Part C — Conduct Public Consultation Process ♦ Part D — Detailed Design ♦ Part E — Tender Period Services, Materials Testing & Inspection, Red Books and Record Drawings ♦ Part F — Construction Management PURPOSE The purpose of this report is to make a recommendation for consulting engineering services for this project. 31 M &C2013 -124 June 7, 2013 Page 2 ANALYSIS With comprehensive terms of reference document developed by staff, a public call for proposals was made for consulting engineering services. The Request for Proposal (RFP) closed on May 30, 2013 with responses received from the following nine consulting engineering companies: • Brunswick Engineering & Consulting Inc., Saint John, NB • CBCL Limited, Saint John, NB • Crandall Engineering Ltd., Saint John, NB • Dillon Consulting Limited, Saint John, NB • GENIVAR Inc., Saint John, NB • Hatch Mott MacDonald, Rothesay, NB • Opus International Consultants Ltd., Fredericton, NB • Gerntec Limited, Saint John, NB • EXP Services Inc., Saint John, NB A Review Committee consisting of staff from Materials Management and Transportation & Environment Services was formed to evaluate submissions. Each member completed an independent review of the submissions and a joint discussion was held to develop the final ranking of submissions. The Review Committee came to a conclusion on their recommendation, which follows later in the report. The evaluation process uses the expertise of a variety of staff from Purchasing, Engineering, and Operations to ensure a thorough review of the various submissions. Care must be taken to ensure that the necessary level of effort and expertise is being directed to the various tasks involved in the work, while still ensuring that costs to be incurred are appropriate and controllable. It is for these reasons that cost, although very important, cannot be the sole nor most critical deciding factor in making the selection of a consulting engineering firm. The Committee was tasked with the role of reviewing each submission against the proposal evaluation criteria as defined in the proposal call document. These criteria consisted of the following: 1. Quality and Completeness - Does the proposal address all of the needs raised? Is the proposal presented in an organized and professional manner? 2. Consultant's Experience - Has the consultant demonstrated a level of expertise with the requirements of this project? 3. Experience of Employees /Sub - consultants -Has the consultant demonstrated a level of expertise for the employees of the company and sub consultants listed? 32 M &C2013 - 124 June 7, 2013 Page 3 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 — Cost will be a factor, however not the only factor to be considered. Is the price quoted in line with the City's estimate for the work and has it allowed for each aspect of the project to be adequately addressed? After careful, independent consideration of presentation, company experience, personnel and technical proposal, the Review Committee met to analyze the findings of each member. After completion of the "technical" evaluation, the financial proposals were opened and addressed. These had been submitted in separate, sealed envelopes. After due consideration, the Review Committee selected the submission of 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 cost- effective bid for the project. Genivar's proposal scored the highest overall, offering the best overall solution for the City with a comprehensive methodology and approach, a project schedule to meet project expectations and highly experienced and qualified project team members. FINANCIAL IMPLICATIONS The proposed cost of work from Genivar Inc. to provide engineering design and construction management services for this project is $138,036.28 including HST. This cost is based on an estimated 15 week construction management period. An amount of $100,000 is included in the 2013 General Fund Capital Program for engineering design services. The cost above includes $85,315.00 including HST for the provision of construction management services for the reconstruction of Duke Street between Wentworth Street and Crown Street. It is anticipated that funding for the reconstruction will be included in the 2014 General Fund and Water and Sewerage Utility Fund Capital Programs submissions for Council's consideration. Staff will only authorize the Consultant to proceed with the work approved under the 2013 Capital Program ($52,721.28) for now, with the remainder of the engineering services work ($85,315.00) to be carried out after Council approval of the 2014 Capital Programs. M &C2013- 124 June 7, 2013 Page 4 INPUT FROM OTHER SOURCES: Materials Management facilitated the RFP process to solicit proposals from Engineering Consultants for the Duke Street (Wentworth Street to Crown Street) — Street Reconstruction. The committee was tasked with the role of reviewing each submission against the proposal evaluation criteria as defined in the proposal call document. In accordance with the City's policies and procedures, separate assessments of the technical and financial aspects of the submissions were undertaken by the evaluation committee members. The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. 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 15 week construction period. The final fee will be calculated based on the actual construction management period. RECOMMENDATION It is recommended that the proposal from Genivar Inc. for engineering design and construction management services for the Duke Street (Wentworth Street to Crown Street) — Street Reconstruction project in the amount of $138,036.28 including HST be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Respectfully submitted, P. Joel Landers, P.Eng Municipal Engineer Wm. Edwards, P.Eng. Commissioner Transportation & Environment 34 Brian Keenan, P.Eng. Engineering Manager J. Patrick Woods, CGA City Manager Y�7 f�r The city of &dnt John OPEN SESSION June 11, 2013 His Worship Mayor Mel Norton And Members of Common Council Your Worship and Councillors: SUBJECT: Terms of the .tune 2013 Debenture Issue BACKGROUND: On May 28, 2013 the New Brunswick Municipal Finance Corporation negotiated the sale of a bond issue in the amount of $73,600,000, of which $30,300,000 related to the City of Saint John 2012 Capital Program. ANALYSIS: The terms of the issue as they relate to Saint John are as follows: Term: 15, 20 and 25 year, serial form $30,300,000. Coupon Rate: Year 1 - 1.35% Year 11 - 3.35% Year 2 - 1.45% Year 12 - 3.45% Year 3 - 1.70% Year 13 - 3.50% Year 4 - 2.00% Year 14 - 3.60% Year 5 - 2.20% Year 15 - 3.70% Year 6 - 2.45% Year 16 - 3.80% Year 7 - 2.70% Year 17 - 3.85% Year 8 - 2.90% Year 18 - 3.90% Year 9 - 3.10% Year 19 - 3.95% Year 10 - 3.25% Year 20 - 4.00% SAINT JOHN F.0, Box 1971 Saint John, NB Canada M tb l wmv saintjohn.ca I C.P. 1971 Saint John, N. -B, Canada M40 Re: Terms of the June 2013 Debenture Issue Page 2 Price: $ 98.78 (Principal: $10,300,000) $ 98.61 (Principal: $20,000,000) Average Yield: 3.381% Settlement Date: June 14, 2013 The interest rates and the discount factor were within the limits approved by Common Council at its meeting held on April 2"d, 2013. As such the Mayor and Common Clerk have signed the debentures between the City and the New Brunswick Municipal Finance Corporation for $30,300,000 at the terms listed above on June 10, 2013. RECOMMENDATION: It is recommended that this report be received and filed. Respectfully submitted, ;r Hilary Nguyen, CGA, MBA Assistant Comptroller Cathy Gra m, CGA Acting Commissioner of Finance and Administrative Services W E r;-, TO COMMON OPEN SESSION M &C2013 -126 June 10, 2013 His Worship Mel Norton And Members of Common Council Your Worship and Councillors: SUBJECT: Mobile Vendor Sites available for 2013 BACKGROUND City of Saint John On April 22, 2013, Common Council passed a resolution concerning the operation of a Beavertails mobile vending unit at Loyalist Plaza. Council also inquired what other sites may be available for vendors and the following resolution (in part) was passed: "And Further, that Saint John Waterfront Development be requested to provide public notification ofsites presently available for mobile vendors; and The City of Saint John provide public notification of City -owned land that is available for lease by mobile vendors; and Individuals that have applied to the City of Saint John for a vendor site license be contacted by staff to advise of any available land for lease for a mobile site. " An analysis of City owned parcels of land within a kilometer radius of the City Market reveals that the City of Saint John has no vacant properties which would be desirable or appropriate for mobile vending use. It is assumed that the vendors require significant pedestrian traffic. Sites such as the former Lantic Sugar site or remnant infill parcels in the lower west side are not considered desirable or viable mobile vending sites. That being said, there are a multitude of vacant lots and parking lots in the Uptown held privately which might accommodate such a use, assuming it is appropriate under the Zoning By -law. Staff from Saint John Waterfront Development and the City has coordinated to prepare the attached Notice, advising mobile vendors of their options at the 37 M &C2013 126 - 2 - June 10, 2013 waterfront and on City streets and sidewalks. The Notice is being provided to anyone who has shown an interest in mobile vending in the past and to anyone who inquires this year. The Notice is being posted on the City's website to provide public notification. The ability to set up a mobile vending vehicle in parking spaces on City streets is a departure from past practice but will be offered to vendors for 2013, in part to gauge interest in mobile vending and to better understand fully what issues should be included when considering a mobile vending program. Staff anticipates that there may be concerns with this approach as there is no evaluation/criteria system to ensure the mobile vending operations: • enhance the neighbourhood instead of detract from it, • do not negatively affect or detract from neighouring "bricks and mortar" businesses, • provide quality products and food services, • are not a safety hazard to users of the streets and sidewalks. Feedback on this year's experiences will be compiled for the group to whom this issue has been referred. RECOMMENDATION Your City Manager recommends that this report be received and filed. Respectfully submitted, A 4L� Amy Poffe , P.Eng., MBA Acting Commissioner and Building Inspector Growth and Community Development Services Patrick Woods, CGA Cit§ Manager Attachment ii CITY OF SAINT JOHN The w of Saint john LICENSE OPTIONS FOR MOBILE VENDORS ON CITY STREETS, SIDEWALKS AND WATERFRONT PROPERTY City Streets The City of Saint John will be issuing Peddlers and Hawkers licenses to mobile vendors (including mobile vendor trucks) for sale of goods on City streets, pursuant to the Peddlers and Hawkers By -law. These vendors may park their vehicle in a parking space monitored by the Parking Commission and must comply with the provisions of the Saint John Parking Meter By -law. This means that parking time limits must be adhered to and parking fees must be paid as required. In a non - metered space, when the parking time limit has been reached, the vendor must vacate the parking space and relocate to another street. The vendor must ensure that the vending activities do not impede traffic flow or create a safety hazard to anyone using the street or sidewalk. It is the responsibility of the vendor to be knowledgeable about the requirements of the Peddlers and Hawkers By -law, the Saint John Parking Meter By -law, the Saint John Traffic By -law, A Law Relating to the Public Streets in the City of Saint John and to Prevent Certain Nuisances in the Said City, Saint John Anti- Litter By -law, A Law Respecting the Use of Sidewalks within the City of Saint John and any other applicable municipal, provincial or federal laws and to comply with the laws at all times. City Sidewalks If a vendor wishes to sell goods from a stand on a City sidewalk, permission from Common Council is required and the vendor must obtain a Peddlers and Hawkers License, pursuant to A Law Respecting the Use of Sidewalks within the City of Saint John. Common Council has identified thirteen (13) sidewalk vendor sites at various locations in the City; Sidewalk Vendor Licenses for these specific locations are awarded at a public auction every spring, or afterwards by visiting the By -law Enforcement Office. Goods offered for sale at these sites are restricted to food and beverage, arts and crafts; no clothing or used goods are permitted. Waterfront Mobile vendors wishing to occupy available space at designated waterfront locations must obtain a Vendor's Operation License. Vendors at the waterfront locations will be subject to terms and conditions related to hours and days of operation, presentation of unit and goods, insurance, as well as restrictions on selling used goods. For a Peddlers and Hawkers License, or a Sidewalk Vendor License, please call 658 -2911 or visit the By -law Enforcement Office at the 10'h floor of City Hall. For information regarding Waterfront locations please call 649 -6066, email — info @siwaterfront.com or visit the SJ Waterfront Development Office at One Market Square, Suite 301. SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21L 4139 www saintjohn,ca I C.P 1971 Saint john, N. -B. Canada EX 40 June 12, 2013 Saint John Mayor and Council City of Saint John COMMON CLERK'S OFFICE JUN 12 2013 CITY OF SAINT ,JOHN I, the undersigned, Saint John property owners request to appear as a delegation at the July 2, 2013 Council meeting on the Right -of Way & retaining wall maintenance given to us, King Street property owners as a Section 39 condition to make legal the re- zoning of the Leinster Court property. This will be our 9th attempt to appear as a delegation before our Council representatives, the last time we submitted a letter the following resolution was resolved: "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." I still have not heard anything since the December 17, 2012 meeting. I spoke to the Common Clerk's office today and they have not received the report from the Planning Department so could not schedule the presentation. I would ask that Council grant me the opportunity to present without the report from Planning. Yours truly, G L� Jon MacQueen 40 RECEIVED COMMON CLERK'S rcr DEC 12 2U12 CITY OF December 11, 2012 Saint John Mayor and Council City of Saint John We, the undersigned, Saint John property owners request to appear as a delegation at the December 1-�th 2012 Council meeting on the Right -of Way & retaining wall maintenance given to us, King Street property owners as a Section 39 condition to make legal the re- zoning of the Leinster Court property. Please refer to Council minutes included. This will be out 8th attempt to appear as a delegation before our Council representatives. Yours truly, 401 /10,._17 4_ 1 � L; �_ I -16, 92-653 COMMON COUNCIL/ CONSEIL COMMUNAL. JANUARY 15, 20071 LE 15 JANVIER 2007 Councillor Chase proposed an amendment to the motion, which was seconded by Councillor Court to add two more conditions dealing with a fence, retaining walls, and pedestrian access under (e), and (f) to the list of Section 39 conditions. Question being taken on the amendment, the motion was carried, with Councillor Titus voting nay. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of a parcel of land having an area of approximately 2779 square metres, located at 53 -75 Leinster Street, also identified as being PID Numbers 00009431 and 55059992, with a multiple dwelling be subject to the following conditions: a) use of the site is limited to the proposed four - storey apartment building having a maximum of 52 dwelling units; b) the building location, height, massing and significant features of the building (e.g. window and door locations), as well as the location and layout of the proposed parking facilities, shall be generally in accordance with the submitted site plan and building elevation plans prepared by B.A. Roma Architect Limited and dated November 28, 2008; c) the exterior facade of the proposed building must be constructed of a combination of brick, cultured stone and fibre cement siding, and architectural details must be in accordance with architectural plans approved by the Development Officer to ensure compatibility with the surrounding buildings along the adjacent portion of Leinster Street; d) panting for the apartment building shall be provided at a minimum rate of one space per dwelling unit: ~` e) a fence and retaining walls be maintained by the applicant between the subject site and the adjacent residential zoned properties in a manner set out in detailed plans prepared by the applicant and approved by the Development Officer; f) a right -of -way be granted by the applicant to the residential zoned properties adjacent to the subject site so that individuals can walk from Carmarthan Street within 3 metres of the north property line of the subject site to the rear yard of the adjacent residential zoned properties, and further that, upon the rezoning, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions; Question being taken on the main motion as amended, it was carried. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "By -law Number C.P. 110 -29, A Law to Amend the Toning By -law of The City of Saint John ", amended by adding "special zone SZ #21 ", its uses and standards, and re- zoning a parcel of land located at 53 -75 Leinster Street, having an area of approximately 2770 square metres, also identified as being PID Numbers 00009431 and 55059992, from °B- 2' General Business to "SZ -21" Special Zone #21 classification with Section 39 Conditions, 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 -29, A Law to Amend the Zoning By -law of The City of Saint John ". ~' On motion of Councillor Ferguson Seconded by Councillor Farren RESOLVED that Council recess for two minutes. Question being taken, the motion was carried ma REPORT TO COMMON COUNCIL, M & C 2013 124 June 7, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: The City of Saint )ohn SUBJECT: Engineering Services: Duke Street (Wentworth Street to Crown Street) - Street Reconstruction BACKGROUND The approved 2013 General Fund Capital Program includes a design project for the reconstruction of Duke Street from Wentworth Street to Crown Street. The design work involves renewal of the existing watermain and sanitary sewer, installation of a new storm sewer and street reconstruction including new granular materials, curb, sidewalk, asphalt base and surface courses and landscaping. A Request for Proposal (RFP) was advertised from May 9 to May 30, 2013 to engage an Engineering firm to carry out the following services for the above noted project: ♦ Part A - Site Surveys, Preliminary Investigation and Data Collection ♦ Part B - Preliminary Design, Cost Estimates and Design Report ♦ Part C - Conduct Public Consultation Process ♦ Part D - Detailed Design ♦ Part E - Tender Period Services, Materials Testing & Inspection, Red Books and Record Drawings ♦ Part F - Construction Management PURPOSE The purpose of this report is to make a recommendation for consulting engineering services for this project. 43 M &C2013 -124 June 7, 2013 Page 2 ANALYSIS With comprehensive terms of reference document developed by staff, a public call for proposals was made for consulting engineering services. The Request for Proposal (RFP) closed on May 30, 2013 with responses received from the following nine consulting engineering companies: • Brunswick Engineering & Consulting Inc., Saint John, NB • CBCL Limited, Saint John, NB • Crandall Engineering Ltd., Saint John, NB • Dillon Consulting Limited, Saint John, NB • GENNAR Inc., Saint John, NB • Hatch Mott MacDonald, Rothesay, NB • Opus International Consultants Ltd., Fredericton, NB • Gemtec Limited, Saint John, NB • EXP Services Inc., Saint John, NB A Review Committee consisting of staff from Materials Management and Transportation & Environment Services was formed to evaluate submissions. Each member completed an independent review of the submissions and a joint discussion was held to develop the final ranking of submissions. The Review Committee carne 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, Engineering, and Operations to ensure a thorough review of the various submissions. Care must be taken to ensure that the necessary level of effort and expertise is being directed to the various tasks involved in the work, while still ensuring that costs to be incurred are appropriate and controllable. It is for these reasons that cost, although very important, cannot be the sole nor most critical deciding factor in making the selection of a consulting engineering firm. The Committee was tasked with the role of reviewing each submission against the proposal evaluation criteria as defined in the proposal call document. These criteria consisted of the following: Quality and Completeness - Does the proposal address all of the needs raised? Is the proposal presented in an organized and professional manner? 2. Consultant's Experience - Has the consultant demonstrated a level of expertise with the requirements of this project? 3. Experience of Employees /Sub - consultants -Has the consultant demonstrated a level of expertise for the employees of the company and sub consultants listed? 44 M & C 2013 124 June 7, 2013 Page 3 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 — Cost will be a factor, however not the only factor to be considered. Is the price quoted in line with the City's estimate for the work and has it allowed for each aspect of the project to be adequately addressed? After careful, independent consideration of presentation, company experience, personnel and technical proposal, the Review Committee met to analyze the findings of each member. After completion of the "technical" evaluation, the financial proposals were opened and addressed. These had been submitted in separate, sealed envelopes. After due consideration, the Review Committee selected the submission of 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 cost- effective bid for the project. Genivar's proposal scored the highest overall, offering the best overall solution for the City with a comprehensive methodology and approach, a project schedule to meet project expectations and highly experienced and qualified project team members. FINANCIAL IMPLICATIONS The proposed cost of work from Genivar Inc. to provide engineering design and construction management services for this project is $138,036.28 including HST. This cost is based on an estimated 15 week construction management period. An amount of $100,000 is included in the 2013 General Fund Capital Program for engineering design services. The cost above includes $85,315.00 including HST for the provision of construction management services for the reconstruction of Duke Street between Wentworth Street and Crown Street. It is anticipated that funding for the reconstruction will be included in the 2014 General Fund and Water and Sewerage Utility Fund Capital Programs submissions for Council's consideration. Staff will only authorize the Consultant to proceed with the work approved under the 2013 Capital Program ($52,721.28) for now, with the remainder of the engineering services work ($85,315.00) to be carried out after Council approval of the 2014 Capital Programs. 45 M &C2013 -124 June 7, 2013 Page 4 INPUT FROM OTHER SOURCES: Materials Management facilitated the RFP process to solicit proposals from Engineering Consultants for the Duke Street (Wentworth Street to Crown Street) — Street Reconstruction. The committee was tasked with the role of reviewing each submission against the proposal evaluation criteria as defined in the proposal call document. In accordance with the City's policies and procedures, separate assessments of the technical and financial aspects of the submissions were undertaken by the evaluation committee members. The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. 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 15 week construction period. The final fee will be calculated based on the actual construction management period. 46 M &C2013 -124 June 7, 2013 Page 5 RECOMMENDATION It is recommended that the proposal from Genivar Inc. for engineering services for the Duke Street (Wentworth Street to Crown Street) - Street Reconstruction, Project No. 2013- 091507P (the "Project "), be accepted as follows: a) Detailed design and construction cost estimates are to be completed by Genivar Inc. under the 2013 Capital Program, at a cost of $52,721.28, all applicable taxes included; b) Subject to Common Council's approval that the funding for the construction component of the Project will be included in the 2014 General Fund and Water & Sewerage Utility Fund Capital Programs, the remainder of the engineering services work for the Project is to be carried out by Genivar Inc. after Common Council approval of the 2014 Capital Programs at a cost of $85,315.00, all applicable taxes included; and c) That the Mayor and Common Clerk be authorized to execute the Consulting Engineering Agreement. Respectfully submitted, P. Joel Landers, P.Eng Municipal Engineer Wm. Edwards, P.Eng. Commissioner Transportation & Environment 47 Brian Keenan, P.Eng. Engineering Manager J. Patrick Woods, CGA City Manager r. L REPORT TO COMMON COUNCIL M & C 2013 130 June 13, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Contract No. 2013 -13: — Installations BACKGROUND The My of Saint )ohn Millidge Avenue and Area- Sanitary Sewer The approved 2013 General Fund and Water & Sewerage Utility Fund Capital Programs includes a project for the construction of new sanitary sewers and services in the Millidge Avenue area as recommended in the Beach Crescent & Meadowbank Drainage Basin Study to alleviate flooding from the sewer system. This phase of the project will include work on Kennebecasis Drive, Park Lawn Court, Bell Manor Drive, Manners Sutton Road, Meadowbank Avenue, Barbour Place and also on Millidge Avenue from Meadowbank Avenue to Daniel Avenue. TENDER RESULTS Tenders closed on June 12, 2013 with the following results: 1. Fairville Construction Ltd., Saint John, NB $3,686,274.70 2. Terraex Inc., Saint John, NB $3,695,032.20 3. Galbraith Construction Ltd., Saint John, NB $3,891,477.05 4. Falls Construction Ltd., Grand Falls, NB $5,553,830.98 The Engineer's estimate for the work was $3,760,790. ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low Tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. It is anticipated (subject to contractor schedules) that construction of this project will commence in early July 2013 and finish in October 2013. M &C2013 -130 June 13, 2013 Page 2 FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2013 General Fund and Water & Sewerage Utility Fund Capital Programs. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. The analysis is as follows: Budget $3,625,000.00 Project net cost $3,716,000.00 Variance $91,000 The budget variance indicated above can be managed within the overall 2013 Water & Sewerage Utility Fund Capital Program envelope. POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract No. 2013- 13: Millidge Avenue and Area - Sanitary Sewer Installations be awarded to the low Tenderer, Fairville Construction Ltd. , at the tendered price of $3,686,274.70 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, pvvu, /3 L Pierre LeBlanc, M.I.T. Brian Keenan, P. Eng. Municipal Engineer Engineering Manager oe Wm. Edwards, P. Eng. atrick Woods, CGA Commissioner y Manager Transportation and Environment 49 REPORT T COMMON COUNCIL M &C2013 -128 June 12, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Contract No. 2413 -12: - Fairville Boulevard Water Main Renewal BACKGROUND 1 The My cif Una )ahn The approved 2013 Water & Sewerage Utility Fund Capital Program includes project funding for the renewal of the 300mm water main along Fairville Boulevard between Catherwood Street and PIaza Avenue (Sobeys entrance). TENDER RESULTS Tenders closed on June 11, 2013 with the following results: 1. Terraex Inc., Saint John, NB $861,014.80 2. Keel Construction Ltd., Saint John, NB $895,449.24 3. Galbraith Construction Ltd., Saint John, NB $898,655.10 4. Fairville Construction Ltd., Saint John, NB $947,708.40 5. Falls Construction Ltd., Grand Falls, NB $1,393,698.89 The Engineer's estimate for the work was $803,600. ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low Tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. It is anticipated (subject to contractor schedules) that construction of this project will commence in early July 2013 and finish in Iate September 2013. M &C2013 -128 June 12, 2013 Page 2 FINANCIAL IMPLICATIONS The Contract includes work that is charged against the Utility Fund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and others. The analysis is as follows: Budget Project net cost Variance $715,000.00 $925,380.95 $210,380.95 The budget variance indicated above can be managed within the overall 2013 Water & Sewerage Utility Fund Capital Program envelope. Staff will monitor the overall program envelope and identify offset funding to Council prior to December 31, 2013. POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance %kith the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract 2013 -12: Fairville Boulevard Water Main Renewal be awarded to the low tenderer, Terraex Inc., at the tendered price of $861,014.80 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, David Russell, P. Eng. Municipal Engineer Wm. Edwards, P. Eng. Commissioner Transportation and Environment 51 Brian Keenan, P. Eng. Engineering Manager J atrick Woods, CGA City Manager � 7 REPORT T COMMON COUNCIL June 14, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: CITY OF SAINT JOHN INVOLVEMENT IN FCM COMMITTEES BACKGROUND 'the City ofSaiut John The City of Saint John recently participated in the Annual General Meeting of the Federation of Canadian Municipalities (see attached briefing note), which provided an opportunity to re- examine the City's current level of involvement within FCM. The Federation seeks to listen, unite and influence on behalf of municipalities, and their efforts have had an important impact on the Canadian municipal landscape. Most recently, the FCM's advocacy efforts can be attributed to the Government of Canada's decision to renew the Gas Tax Funding as well as the Building Canada Fund. There are approximately 2,000 municipalities that are members of FCM, including 97.3% of all New Brunswick municipalities. Member municipalities have three primary options to take -on leadership functions within the Federation, including: Board member; committee member, executive member (President, First VP, Second VP, and Third VP). In the past, the City of Saint John has taken -on leadership functions within the FCM. Most recently, the City of Saint John Common Council had a representative on FCM's Municipal Finance and Intergovernmental Arrangements Committee during 2011 -2012. The City's relationship with the FCM cannot be restricted to leadership functions however, as the City has also greatly benefited from the FCM's Green Municipal Fund (GMF). Over the past 10 years, the City has received over $15 million in low - interest loans and over $1.8 million in grants from the GMF. ANALYSIS After reviewing the available opportunities for the City to become more involved in the FCM structure, the City may consider involvement within one or more of FCM's committees. There are nine committees, including: Community Safety and Crime Prevention: Policing, crime prevention, community corrections, emergency preparedness and management. 52 Page 2 Environmental Issues and Sustainable Development: Green economy, climate change adaptation, clean air, water, waste, wastewater, brownfields, toxic substances (including pesticides), energy, invasive species, green infrastructure. Increasing Women's Participation in Municipal Government: Advocacy supporting greater participation of women in municipal government, including development of strategies to raise the profile of the issue. International Relations: Global networks and advocacy, decentralization, good governance, local capacity development. Municipal Finance and Intergovernmental Arrangements: Municipal powers, roles and responsibilities, federal- provincial/ territorial- municipal relations, municipal fiscal tools, international trade rules and disputes, GST and other tax issues. Municipal Infrastructure and Transportation Policy: Municipal infrastructure and federal funding programs, small and regional airports viability, marine policy, railway and municipal proximity issues, highway and border infrastructure issues, urban transit, telecommunications. Northern and Remote Forum: Infrastructure investments, economic development in the North, natural resources and northern communities. Rural Forum: Infrastructure investments, rural economic development, diversification of resource -based communities, interdependencies between rural and urban communities. Social Economic Development: Housing and homelessness; cultural and community infrastructure, immigration and municipal- Aboriginal relations, aging. The deadline for municipalities to submit their interest in an FCM committee position for 2013- 2014 is June 18`, 2013. To facilitate FCM's process in selecting committee participants, municipalities are asked to prioritize those committees that they would like to be associated with. Participation in the FCM committees is an opportunity for Council members to gain a broader understanding of municipal issues, build working relationships across the country and to help influence the development of public policy and programs that affect municipalities. The FCM committees that are most directly linked to City of Saint John Council Priorities and likely to benefit the City of Saint John and the FCM's own efforts are (in order of priority): (1) Municipal Infrastructure and Transportation; (2) Municipal Finance and Intergovernmental Arrangements; and finally, (3) Community Safety and Crime Prevention; (4) Environmental Issues and Sustainable Development. FINANCIAL CONSIDERATION The application for municipalities to become involved in FCM committees also requires approval from the member municipality indicating their support for the related travel expenditures and the time commitment linked to committee involvement. This year, FCM committees will meet in September 2013 (St. John's, Newfoundland), November 2013 (Ottawa, 53 Page 3 Ontario), and March 2014 (Thunder Bay, Ontario). The approximate cost of travel, accommodations and per diem for one Member of Council to participate in all three of the meetings is $5,000. RECOMMENDATIONS It is recommended that Common Council: 1. Direct the City Manager to notify the FCM of the City's interest in participating in the FCM committee structure; 2. Approve the list of four FCM committees linked to the current priorities of the City of Saint John; 3. Determine the appropriate level of participation by Council members in the FCM committees, and; 4. Request Members of Council interested in participating on an FCM committee to notify the Common Clerk, who will then forward to the Nomination Committee. Respectfully submitted, Phil Ouellette, MA Intergovernmental Affairs 4missj Ja ine i lton, MCIP, RPP oner, Strategic Services Jotrnicz Wo ods, CGA City Manager 54 Date: June 13th, 2013 Subject: Briefing on Annual General Meeting, Federation of Canadian Municipalities (May 30th to June 3'd, 2013) Background: The City of Saint John is a member of the Federation of Canadian Municipalities (FCM), which has been a voice for Canadian municipalities since 1901. FCM represents approximately 2,000 Canadian municipalities, including 97.3% of all New Brunswick municipalities. The Federation seeks to listen, unite and influence on behalf of municipalities, and their efforts have certainly had an important impact on the Canadian municipal landscape. The City of Saint John recently participated in the FCM's Annual General Meeting in Vancouver, British Columbia, and this report has been developed to provide insight on important findings and connections made during the conference. In the spirit of brevity, this briefing will not review all findings or interactions, but more information is available upon request and you are free to review the conference program (see attachment). Key Connections: Mayor Nenshi, City of Calgary — Had the great opportunity to discuss Mayor Nenshi's efforts to promote a pan - Canadian energy strategy and the distribution of Canadian oil from coast -to -coast City of Moncton — Discussed Moncton's P3 water treatment plant with longtime Councilor Merrill Henderson Received positive feedback on Councilor Henderson's experience in considering, implementing and ongoing review of P3 project City of Abbotsford — Discussed Abbotsford's water program and its past consideration of a P3 alternative with Mayor Banman and Councillor Braun Intergovernmental Affairs (various) — The conference was an ideal opportunity to connect with intergovernmental departments from other municipalities, including London, Halifax, and Calgary Received important insight on how to ensure productive and sustainable intergovernmental collaboration and to meaningfully involve Cn;y Staff and Members of Council within its implementation. Green Municipal Fund — Connected with representatives from FCM's Green Municipal Fund, thanked them for past investments into Saint John, and received information on possible changes to the funding program Key Findings: Corporate Sponsorship — Cities have the ability to develop a comprehensive inventory of corporate sponsorship opportunities, which places a value on various events, programs, and infrastructure. In turn, the inventory can be complemented by a sponsorship program, which defines priorities, desired revenue, and protocol around establishing corporate sponsorship. CUPE and P3s — CUPE National hosted a presentation during the AGM to share their concerns on P3s, and ways in which municipalities can protect themselves from the dangers associated to P3s. FCM Committee Structure —The City of Saint John was able to participate in different FCM committee meetings and also receive feedback from participants on the direction /value of each committee. A separate Council Report will be developed on FCM committees and the possible involvement of the City of Saint John. Long Term Infrastructure Plan (Lessons Learned) — The Government of Canada recently announced the renewal of the Gas Tax as well as the Building Canada Fund, which can be partially attributed to FCM's strategic and intentional government relations strategy. Through a multi- faceted advocacy plan, which highlighted the importance of partnership, FCM was able to achieve its advocacy objectives all while maintaining strong relationships with its government partners. Extractive Sector — in order to achieve progress within the extractive sector, there is a need for strong and sustainable relationships between governments and the sector. In turn, companies that invest in communities will be compensated through the communities own investment into the company. Emergency Broadband Network — Broadband access has the real potential of crashing in times of an emergency, and Canada has an opportunity to develop a pan - Canadian emergency network that falls outside of the existing system. Delivering Smart Services (CISCO) — While technology has improved the delivery of government services, there remains gaps in the integration of technologies and data within government services. Governments have not fully integrated into a data eco- system, which links infrastructure, transportation, emergencies services, recreation, etc. In addition, a stronger and smarter integration of data can be used to deliver a more streamlined and efficient customer experience with government services. Contact: Phil Ouellette Intergovernmental Affairs Coordinator 658 -4022 Phil ouellette@sarntlohn -ca Attachment: FCM AGM Program 56 57 2 -3:15 p.m. - Housing Tour FCM Great Northern Way Campus /Centre for Digital Media VANCOUVER FCM's 76th Annual Conference and Trade Show - 2013 THURSDAY, May 30, 2013 xerox 2 -8 p.m. Delegate Registration - Lobby 2-3 p -m- Conference Orientation for Now Delegates - South Foyer 5 -7 p.m. Trade Show Offfclat Opening 8 Reception - Opening with a - Innovative Infrastructure 101: Building Asset Management Bang! -Hall B - Sponsored by BFI (a Progressive Waste Capacity in Rural Communities - Ballroom A - Presented in Solutions company) FRIDAY, May 31, 2013 7 a.m. -6 p.m, Delegate Registration - Lobby 7 a.m. -3:30 p.m. Trade Show - Hall B 7 -8:30 a.m, Breakfast in trade show - Hall B 7:30 -8:30 a.m, Regional Caucus Meetings British Columbia - Ballroom A Prairies & Territories - Ballroom B 5:30 - 7 p.m. Ontario - Ballroom C Quebec - Room 2 -3 SUNDAY, June Atlantic - Room 1 8:30 -9 a.m. Opening Ceremony - Hall A 9 -10:15 a.m. President's Forum I - Hall A - Sponsored by IBM 10:15 -10:45 a.m. Coffee Break - Hall 8 10:30 a.m -12:30 p.m. Study .ours 8:05 -8:30 a.m. - Vancouver's New Urbanism Bike Tour 6 -8 p.m - Vancouver Heritage Tour 9:40 -10:10 am. - Housing Tour SATURDAY, - Great Northern Way Campus /Centre for Digital Media 7 a.m. -3 p.m. City of Vancouver Tactical Training Centre 7 a.m. -1 p.m. Port Metro Vancouver Operations Centre 7 -8 a.m. - First Nations Relations (Musqueam First Nations) 10:30 a.m. -1:30 p.m. - FCM Travelling Workshop: Building the Canadian Advantage - 9:30 -10 a.m. Lunch provided - Presented in collaboration with CN - Metro Vancouver's Seymour- Capilano Water Filtration Plant 10 -10:30 a.m. & Seymour Falls Dam - Lunch provided - UniverCity - a Model Sustainable Community on Burnaby 10 a.m. -1:15 P.M. Mountain - Lunch provided 10 :45 a.m -12:15 p.m. Workshops 3 -3:30 p.m. - Antenna System Siting Protocol - Ballroom A - Presented in 10:15 a.m. -12:15 p.m. collaboration with Canadian Wireless Telecommunications Association (CWTA) - Healthy Communities - Ballroom B - Lessons Learn,:d from LTIP and Advocac;+ Tools for the Municipal Sector - Ballroom C 10:30 -11;45 a.m. - Local Government and the Extractive Sector - Partners in 6 -7 p.m. Development - Room 1 12.15 -1:15 p.m. Lunch in the Trade Show - Hall B 1:30 -2:30 p.m. Keynote - Rick Hansen - Hall A 2:30 -2:45 p.m. Awards. o' Excellence - Hall A 3 -3:30 P.M. Coffee Break - Hall B - Sponsored by Tim Hortons 3:30 -5:30 p.m. Study *ours Hali A - Vancouver's New Urbanism Bike Tour 11:45 a.m. -1 p.m. - Vancouver Heritage Tour 57 2 -3:15 p.m. - Housing Tour Great Northern Way Campus /Centre for Digital Media City of Vancouver Tactical Training Centre - Port Metro Vancouver Operations Centre Food Security - The Loio Waterfront Tour 3:30 -5 p.m. Workshops 3:15 -3:45 p.m. - Innovative Infrastructure 101: Building Asset Management 3:15 -3:45 p.m. Capacity in Rural Communities - Ballroom A - Presented in 3:15 -5:15 P.M. collaboration with IBM 3:45 -5 p.m. - Preparing for a National Interoperable Emergency Broadband Network - Ballroom B IF Session: Creating Efficient Cities through Process Improvement: Best Practices in Police, Transportation and Managed Print Services - Presented by Xerox - Room 1 - IF Session: Getting into the Game - Municipalities and 5:30 - 7 p.m. Corporate Sponsorship - Room 2 -3 - Presented by Partnership Group SUNDAY, June - Youth Panel - Ballroom C - Presented in collaboration 7 -8:30 a.m. with CISCO 5 -6:30 p.m. Youth Reception for delegates under 35 - Ballroom C - Sponsored by CISCO 5 -6:30 p.m. Francophone Reception - Bellaggio - Sponsored by Insur- 8:05 -8:30 a.m. ance Bureau of Canada 6 -8 p.m Mayor's Welcome Reception - Pan Pacific Hotel - Presented 9:40 -10:10 am. by Port Metro Vancouver SATURDAY, June 1, 2013 7 a.m. -3 p.m. Delegate Registration - Lobby 7 a.m. -1 p.m. Trade Show - Hall B 7 -8 a.m. Breakfast in Trade $how - Hall 8 8-9:30 a.m. Resolutions Plenary - Hall A 9:30 -10 a.m. Keynote - The Hon. Denis Lebel, Minister of Transport. Infrastructure & Communities - Hall A 10 -10:30 a.m. Coffee Break - Hall B Study Tours 10 a.m. -1:15 P.M. On the Path to a Sustainable Future - Rediscover Concrete - Presented by the Cement Association of Canada - 3 -3:30 p.m. Lunch provided 10:15 a.m. -12:15 p.m. - Vancouver's New Urbanism Bike Tour - Vancouver Heritage Tour - Housing Tour Great Northern Way Campus /Centre for Digital Media Port Metro Vancouver Operations Centre 10:30 -11;45 a.m. Standing Committee Forums/Workshop 6 -7 p.m. Environmental Issues and Sustainable Development - 7 p.m. -12 a.m. Ballroom A MONDAY, June 3, 2013 - Municipal Finance and Intergovernmental Municipal Vancouver Sunshine Breakfast - Hall A - Sponsored by the Arrangements - Ballroom B Vancouver Airport Authority Safety and Crime Prevention - Ballroom C KtYnObL - The Hon. Edward Fast, Minister of International Trade - 1= S :ssicn. - Delivering Smart Services - Room 2 -3 - Hali A Presented by CISCO 11:45 a.m. -1 p.m. Lunch in the Trade Show - Hall B (cash lunch) 12:30 p.m. Trade show Prize Draw - Hall B 1:15 -1:45 p.m. Key note - Tom Mulcair, Leader of the New Democratic Party - The New FCM /Railway Association of Canada Proximity Hall A Guidelines - Badmom B - Presented by CN Study Tour; 2 -5 p.m. - Terra Nova Rural Park and Metro Vancouver's Regional Food - Vancouver's New Urbanism Bike Tour Strategy - Vancouver Heritage Tour - Olympic Legacies Tour - Sponsored by BC Hydro 2-6 pm. - Re- thinking Waste in Metro Vancouver - Metro Vancouver's Seymour- Capilano Water Filtration Plant and Seymour Falls Dam 57 2 -3:15 p.m. Standing Committee Forums/Workshop - Infrastructure and Transportation - Ballroom A Social Economic Development - Ballroom B -Women in Municipal Government - Ballroom C - IE Session: The importance of Having a Municipal Soil Volume Standard- Room 2 -3 - Presented by Deep Root Canada 3:15 -3:45 p.m. Coffee Break - Lobby 3:15 -3:45 p.m. Northern and Remote Forum - Room 19 (coffee provided) 3:15 -5:15 P.M. Study Tour- Urban Forest Tour of Vancouver 3:45 -5 p.m. Standing Committee Forums/Workshop - Rural Forum - Ballroom B - International Relations - Room T - IE Session: Innovations in Adaptation: Can we "Climate - proof" our Communities? - Room 2 -3 - Presented by Insurance Bureau of Canada 5:30 - 7 p.m. CEO's Reception for International Delegates - Bellaggio (by invitation) SUNDAY, June 2, 2013 7 -8:30 a.m. Continental Breakfast - Atrium, Meeting Level 7 -8:05 a.m. Women's Breakfast: Taking our place at the table - Ballroom A - Presented by the Canadian Labour Congress 8 -3 p.m, Delegate Registration - Lobby 8:05 -8:30 a.m. Keynote - Elizabeth May, Leader of ttte Green Party - Ballroom B 8:40 -9:40 a.m. President's Forum 11 - Hall A 9:40 -10:10 am. Keynote - Justin Trudeau, Leader of the Liberal Party of Canada - Hall A 10:10 -10:40 am. Awards of Excellence - Hall A 10:40 -11 a.m. Coffee Break - Lobby 11 a.m. -1 p.m. Annual General Meeting and Election of Officers - Halt A 1 -3 p.m. Election of Board of Directors - (working lunch) Territories - Room 10 QC - Room 15 BC - Ballroom 9 NL - Room 13 AB - Ballroom C NB - Room 14 SK - Room 8 NS - Room IS MB - Room 2 -3 PEI - Room 19 ON - Room 1 3 -3:30 p.m. Election of Regional Chairs British Columbia - Ballroom B prairies and Territories - Room 2 -3 Ontario - Room 1 Quebec - Room 15 Atlantic - Room 18 6 p.m. -12 a.m. Host City Gala Evening - Hall B 6 -7 p.m. Cash Bar and Reception 7 p.m. -12 a.m. Gala Dinner & Dance (Attire: semi - formal) MONDAY, June 3, 2013 8 -9 a.m. Vancouver Sunshine Breakfast - Hall A - Sponsored by the Vancouver Airport Authority 9 -9:15 a.m. KtYnObL - The Hon. Edward Fast, Minister of International Trade - Hali A 9:15 -10.15 a.m, President's Forum III - Hall A 10:30 -12 p.m. Industry Exchange Sessions - Strengthening Local Partnerships - Ballroom C - Presented by CUPE The New FCM /Railway Association of Canada Proximity Guidelines - Badmom B - Presented by CN 10:30 a.m. -12:30 p.m. Study Tours - Vancouver's New Urbanism Bike Tour - Vancouver Heritage Tour Housing Tour Monday, continued... PROCLAMATION WHEREAS: The City of Saint John is proud to protect refugees; and WHEREAS: the City- of saint John is extremely proud of our long successful story of welcoming and settling refugees and commit to welcome refugees to our community; and WHEREAS: the availability of support services helps improve the quality of life for everyone while making our communities stronger, more socially responsive and more stable; and WHEREAS: we commend the citizens of Saint John who contribute in so many ways to welcoming and protecting refugees; and WHEREAS: by and with the consent of Saint John City Council on June 17, 2013 NOW THERE FORE: I, Mayor Mel Norton, of the City of Saint John do hereby proclaim June 20t", 2013 as World Refugee Day in the city of Saint John. In witness whereof I have set my hand and affixed the official seat of the Mayor of the City of Saint John. t � MI Ill PROCLAMATION WHEREAS: The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was adopted by the United Nations General Assembly during the 62nd session, September 13, 2007; and WHEREAS: On November 12th, 2010, the Government of Canada endorsed the UN Declaration.; and WHEREAS: Indigenous peoples globally continue to face dispossession of their lands and resources, discrimination and other grave human rights abuses; and WHEREAS: As Canadians, we are challenged to recognize how governments and corporations have failed to honour the rights to the land and self - determination of Canada's first inhabitants; and WHEREAS: Since Friday, June 21, 2013 is National Aboriginal Day in Canada, NOW THEREFORE: I, Mayor Mel Norton, of the City of Saint John do hereby proclaim June 21st, 2013 as National Aboriginal Day in the City of Saint John and urge all citizens to support the implementation of the UN Declaration on the Rights of Indigenous Peoples. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. .�E is iP June 17, 2013 Mayor Mel Norton and Members of Common Council RE: Regional Policing Backgrou The Regional Services Commission has been given strong direction to work in collaboration and cooperation with communities, ensuring that Municipalities and LSD's can meet the service requirements of residents and to benefit from collective efforts to build and sustain stronger regions. More specifically, Regional Service Commissions have been charged with the responsibility of regional policing collaboration as part of their mandate. Recently our Common Council agreed unanimously to defer the issue of a multi -use field house proposal to the Fundy Regional Services Commission, as this constitutes a possible regional recreation investment. Furthermore, the Saint John Board of Police Commissioners agreed on May 7th to send a letter of support to the RSC towards bettering regional police service delivery. To further build upon the before - mentioned referrals and provide added support for our Fundy Regional Service Commission and their mandate, I am seeking support of my respective Council members to send a letter of support for increased discussion and investigation of regional policing. Motion Send a letter of support to the Fundy Regional Service Commission to encourage further discussion and investigation of a more efficient regional police service. Yours Sincerely, Greg Norton Councillor (Ward 1) City of Saint John rte_ :__ _ SAINT JOHN RO. Box 1971 Saint John, NB Canada E2L 40 1 www,sa!gohn.ca I CP. 1971 Saint John, N.-B. Canada ESL 40 •1 The City of saint John June 17, 2013 Deputy Mayor and Councillors Subject: Real Property Acquisition — 1954 Manawagonish Road PID 55125330 The Committee of the Whole, having met on June 17, 2013, adopted the following recommendation: RESOLVED that the City enter into an Agreement of Purchase and Sale with Fundy Fencing Ltd. generally in the form as submitted with M &C 2013 -129, for the purchase of the fee simple interest in lands located at civic 1954 Manawagonish Road and bearing PID Number 55125330; and, that the Mayor and Common Clerk be authorized to sign all required documentation to finalize the transaction. Sincerely, Mel Norton Mayor 1 F,!cI't' i v i- x SA: NT .,�lf�sV P.O.3o.1�71 5. �nt.acai7tti, NQ tartia: a L � I wrtinv. i► hn.eaa I C 197] 3airtt,lofin, N.-B. "mida -FA 411 AGREEMENT OF PURCHASE AND SALE The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser the freehold interest in the Vendor's lands bearing PID # 55125330 upon the following terms and conditions: Vendor: FUNDY FENCING LTD. 41 Galbraith Place Saint John, NB E2M 71-1 Attention: Brian Moore Purchaser. THE CITY OF SAINT JDHN P.Q. Box 1971 15 Market Square Saint John, NB E21- 41.1 Attention: Common Clerk Premises: Freehold interest in PID # 55125330 (hereinafter referred to as the "Lands") Purchase Price: $399,900.00 + HST if applicable Deposit: $10,000.00 payable upon the adoption of the Common Council Resolution Balance: $389,900.00 on Closing Closing Date: On or before 31 October, 2013. 1. The Vendor shall convey to the Purchaser the unencumbered freehold title in the Lands. 2, The Purchaser may examine the title to the Real Property at its own expense until closing. If within that time any valid objection to the title to the Lands Is made in writing by the Purchaser to the Vendor which the Vendor shall be unable or unwilling to remove within twenty (20) days of notification of such objection or objections and which the Purchaser will not waive, this agreement shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and any deposit shall be returned to the Purchaser without interest. 3. Within five (5) days of the date at which the Common Council of the City resolves to enter into this Agreement, Vendor will provide to Purchaser a copy of all environmental assessment and remediation information In its possession or control regarding the environmental condition of the Lands. Purchaser shall have sixty (60) days from the day Purchaser receives Vendor's aforementioned environmental information to satisfy itself, In its sole discretion, that the Lands meet applicable provincial environmental regulations for a commerclai / light industrial site. Purchaser shall have the right, but shall not be obligated to, do its own environmental investigation of the Lands; and after exercising this right, Purchaser will reinstate the Lands to the condition in which they were prior to Purchaser exercising said rights. 1f the Purchaser does not notify the Vendor that It Is satisfied with the 1 62 Agreement of Purchase and Sale Fundy Fencing Ltd. and The City of Saint John condition of the Lands within 60 days from the day Purchaser receives Vendor's aforementioned environmental Information, then the deposit shall be returned to the Purchaser in full without interest and this Agreement shall be null and void. 4. Upon the Common Council of the city resolving to enter into this Agreement, the Vendor shall consent to the Purchaser applying for a re- zoning of the Lands and the Purchaser will promptly and diligently apply for a re- zoning of the Lands to allow for Purchase's intended use of the Lands as a Municipal Works Depot. It is agreed and understood that the re- zoning application could take approximately ninety (90) days. If the re- zoning application is not approved within ninety (90) days of the date at which Common Council of the City resolved to enter into this agreement, then Purchaser may, upon written notice to Vendor, request an additional period not exceeding thirty (30) days to obtain such zoning approvals, and the Vendor shall grant such request. If the zoning application is not approved on or before the expiry of this extended zoning approval period, then the deposit shall be returned to the Purchaser in full without interest and this Agreement shall be null and void. S. The Vendor shall, at its sole cost and expense, terminate all leases or other agreements with respect to the Lands such that the Purchaser will have vacant possession of the Real Property on Closing, 6. Should the Purchaser not close the transaction contemplated herein in accordance with the terms of this Agreement, any money paid hereunto shall be forfeited to the Vendor by way of liquidated damages and the Vendor shall have no further recourse against the Purchaser. 7. This offer shall be irrevocable by the Vendor until 4:00 p.m. local time on 28 June 2013 and upon acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the parties hereto. 8. This offer when accepted shall be read with all changes of gender or number required by the context shall be binding upon the parties hereto, their respective heirs, executors, administrators, and assigns, and time shall In all respects be of the essence hereof, IN WITNESS WHEREOF the Vendor has caused these presents to be executed this Z& day of June, 2013. 63 r: //// - - a/ FUND FENCING LTD. 2 Agreement d Pw-ch se and Sak F&IF* FwKing UCL and The ab' of Saint John AND the Purchaser has caused these presents to be executed this day of June, 2013. THE CRY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 64