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2013-08-26_Agenda Packet--Dossier de l'ordre du jourr. City of Saint John Common Council Meeting AGENDA Monday, August 26, 2013 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plaft 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. 1. Call to Order - Prayer 2. Approval of Minutes 2.1 Minutes of August 12, 2013 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda Pages 5.1 NWH Modeling Letter Re Old Synagogue Building (Recommendation: Refer to 9-10 City Manager) 5.2 Transportation and Environment Services - Tender for Highway Salt 11 -12 (Recommendation in Report) 5.3 Consulting Engineering Agreement with TerrAtlantic Engineering Limited 13-14 (Recommendation in Report) 5.4 Designation of By -Law Enforcement Officer and Inspection Officers 15-21 (Recommendation in Report) 5.5 Saint John Parking Commission - Appointment of Daniel Desjardins 22-22 (Recommendation in Report) 5.6 J. Bernier Letter Re Permission for Bell Aliant (Recommendation: Refer to City 23-23 Manager) 1 Powered By; $ 61BE. 5.7 Saint John Board of Trade Request to Present at September 16th 24-24 Meeting (Recommendation: Approve Request) 5.8 Douglas Avenue (Bentley to Civic 228) Sanitary and Storm Sewer Renewal 25-31 Project Temporary Construction Easement Portions of PID # 00377945 - 261 Douglas Ave. (Recommendation in Report) 5.9 Saint John City Market - Lease of Space Stalls No. 4 (Recommendation in 32-37 Report) 5.10 World Energy Cities Partnership (Recommendation: Receive for Information) 38-39 5.11 Agreement with Fortis Properties for Cleaning and Security Services for 40-50 Chipman Hill and City Market Pedways (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 Prostate Cancer Awareness Month - September 2013 51 -51 8. Delegations / Presentations 9. Public Hearings 10. Consideration of By -laws 10.1 Proposed Municipal Plan Amendment - Commerce Drive - Consumer Drive- 52-53 Mark Drive 11. Submissions by Council Members 11.1 Bandstand (Mayor Norton) 54-54 11.2 Pedestrian Street - Pilot Project (Mayor Norton) 55-58 11.3 One Mile Interchange (Councillor Farren) 59-59 12. Business Matters - Municipal Officers 12.1 Transportation and Environment Services - Automated Brine Producing 60-62 Systems 12.2 Loch Lomond Community Centre - Demolition of Existing Building and 63-91 Proposed Go Forward Plan 12.3 Proposed Saint John Skateboard By -Law (Third Reading) 92-110 12.3.1 S. Childs Letter Re Skateboarding Helmet By -Law 111 -112 13. Committee Reports 1 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 J. Eagles Letter Re Sunday Shopping 16. Supplemental Agenda 17. Committee of the Whole 17.1 17.1 Committee of the Whole; Disability Pension 17.2 17.2 Committee of the Whole; City Market Lease 17.3 17.3 Committee of the Whole Appointments to Committees 17.4 17.5 Committee of the Whole; Sandwichboard Signs 18. Adjournment 3 113 - 114 115 - 115 116 - 116 117 - 117 118 - 118 City of Saint John Common Council Meeting Monday August 26, 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 Employment Matter 10.2(4)0) 1.3 Financial Matter 10.2(4)(c) 1.4 Personal Matter 10.2(4)(b) 1.5 Financial Matter 10.2(4)(c) 1.6 Financial Matter 10.2(4)(c) 1.7 Nominating Committee 10.2(4)(b) 1.8 Legal Opinion 10.2(4)(f) El The City of Saint John S6ance du conseil communal Le lundi 26 aout 2013 18 h Salle du conseil Comit6 pl6nier 1.Ouverture de la s6ance Si vous avez besoin des services en frangais pour une r6union de Conseil Communal, veuillez contacter le bureau de la greffi6re communale au 658 -2862. Chacun des points suivants, en totalit6 ou en partie, peut faire Pobjet d'une discussion en priv6 en vertu des dispositions pr6vues au paragraphe 10.2(4) de la Loi sur les municipalWs. Le conseil /comit6 prendra une ou des d6cisions a cet 6gard an cours de la s6ance publique : 16 h 30 — Salle de conf6rence, 8e Rage, hotel de ville 1.1 Approbation du proces- verbal — paragraphe 10.2(4) 1.2 Questions relatives a Pemploi — alin&a 10.2(4)j) 1.3 Question financiere — alin6a 10.2(4)c) 1.4 Question relative au personnel — alin6a 10.2(4)b) 1.5 Question financiere — alin6a 10.2(4)c) 1.6 Question financiere — alin6a 10.2(4)c) 1.7 Comit6 des candidatures — alin6a 10.2(4)b) 1.8 Avis juridique — alin6a 10.2(4)f) S6ance ordinaire 1. Ouverture de la s6ance, suivie de la priere 2. Approbation du proces- verbal 2.1 Proc6s- verbal de la s6ance tenue le 12 aout 2013 3. Adoption de Pordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a 1'approbation du conseil 5.1 Lettre de NWH Modeling an sujet de Pancienne synagogue (recommandation : transmettre au directeur g&n&ral) 5.2 Services de transport et d'environnement — Soumission relative a 1'acquisition de sel de voirie (recommandation figurant au rapport) 5.3 Entente relative aux services de genie - conseil avec TerrAtlantic Engineering Limited (recommandation figurant au rapport) 5.4 Nomination d'un agent d'ex&cution des arret6s municipaux et d'agents des inspections ( recommandation figurant au rapport) 5.5 Commission sur le stationnement de Saint John — Nomination de Daniel Desjardins (recommandation figurant au rapport) 5.6 Lettre de J. Bernie au sujet de la permission accord&e a Bell Aliant (recommandation : transmettre au directeur g6n6ral) 5.7 Demande de la Chambre de commerce de Saint John de faire une pr6sentation devant le conseil a la r6union du 16 septembre (recommandation : approuver la demande) 5.8 Projet de renouvellement des &gouts sanitaires et pluviaux de 1'avenue Douglas (de la rue Bentley an num6ro de voirie 228) : Emprise temporaire sur une construction visant une partie du NID 00377945 — 261, avenue Douglas (recommandation figurant au rapport) 5.9 March& municipal de The City of Saint John — Location de 1'6tal ri « 4 » (recommendation figurant au rapport) 5.10 World Energy Cities Partnership (partenariat mondial energie cit6s)(recommandation : accepter a titre informatif) 5.11 Entente avec Fortis Properties relativement aux services de nettoyage et de s6curit6 pour les passerelles de Chipman Hill et du march6 municipal (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Mois de sensibilisation an cancer de la prostate — septembre 2013 8. Delegations et presentations 9. Audiences publiques 10. Etude des arretes municipaux 10.1 Projet de modification du plan municipal — Promenades Commerce, Consumers et Mark 11. Interventions des membres du conseil 11.1 Kiosque a musique (maire Norton) 11.2 Rue pi6tonne — Projet pilote (maire Norton) 11.3 Echangeur d'un mille (conseiller Farren) 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux 12.1 Services de transport et d'environnement — Systemes automatises de production de saumure 12.2 Centre communautaire du chemin Loch Lomond — Demolition du bdtiment existant et plan d'action propose 12.3 Projet d'arr&6 sur l'utilisation des planches a roulettes et le port obligatoire du casque dans The City of Saint John (troisieme lecture) 12.3.1 Lettre de S. Childs au sujet de 1'arret6 sur 1'utilisation des planches a roulettes et le port obligatoire du casque 13. Rapports d6pos6s par les comit6s 14. Etude des sujets 6cart6s des questions soumises a 1'approbation du conseil 15. Correspondance g6n6rale 15.1 Lettre de J. Eagles au sujet du magasinage le dimanche 16. Ordre du jour suppWmentaire 17. Comit6 pl6nier 17.1 Comit6 pl6nier : Pension d'invalidit6 17.2 Comit6 pl6nier: Location d'espaces au march6 municipal 17.3 Comit6 pl6nier : Nominations pour si6ger aux comit6s 17.4 Comit6 pl6nier : Tableaux - annonces 18. Lev& de la s6ance 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 12, 2013 /LE 12 AOUT 2013 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — AUGUST 12, 2013 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe MacKenzie, McAlary, Merrithew, Norton, Reardon and Strowbridge - and - W. Edwards, Acting City Manager / Commissioner of Transportation and Environment Services; S. Brittain, Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; J. Fleming, Police Staff Sergeant; K. Clifford, Fire Chief; J. Taylor, Common Clerk; P. Anglin, Acting Deputy Common Clerk 1. Call To Order — Prayer Mayor Norton called the meeting to order and Pastor David McElhinney offered the opening prayer. 2. Approval of Minutes 2.1 July 15, 2013 Minutes On motion of Councillor Merrithew Seconded by Councillor Strowbridge RESOLVED that the minutes of the meeting of Common Council, held on July 15, 2013, be approved. Question being taken, the motion was carried. 2.2 July 29, 2013 minutes On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the minutes of the meeting of Common Council, held on July 29, 2013, be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Councillor Reardon Seconded by Councillor McAlary RESOLVED that the agenda of this meeting with the addition of items 17.1 Committee of the Whole: Appointment of Commissioner of Strategic Services and 17.2 Committee of the Whole: Appointment of Acting Deputy Common Clerk, be approved. Question being taken, the motion was carried. On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that items 17.1 Committee of the Whole: Appointment of Commissioner of Strategic Services and 17.2 Committee of the Whole: Appointment of Acting Deputy Common Clerk, be approved. Question being taken, the motion was carried. 17. Committee of the Whole 17.1 Committee of the Whole: Appointment of Commissioner of Strategic Services On motion of Councillor Fullerton 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 12, 2013/LE 12 AOUT 2013 Seconded by Councillor Reardon RESOLVED that as recommended by the Committee of the Whole having met on July 15, 2013, that effective August 26, 2013, Mr. Neil Jacobsen is hereby appointed to the position of Commissioner of Strategic Services at Group 9 and Step C of the Management Pay Scale and pursuant to the management terms and conditions of employment including an entitlement for six weeks' vacation. Question being taken, the motion was carried. 17.2 Committee of the Whole: Appointment of Acting Deputy Common Clerk On motion of Councillor Fullerton Seconded by Deputy Mayor Rinehart RESOLVED that the following Common Council resolution of June 24, 2013, be rescinded: "RESOLVED that as recommended by the Committee of the Whole, having met on June 24, 2013, Phil Ouellette be appointed Acting Deputy Common Clerk during the absence of the Common Clerk by reason of illness, any other reason, or when the office is vacant, with such appointment to continue until terminated by resolution of Common Council. Question being taken, the motion was carried. On motion of Councillor Fullerton Seconded by Councillor Reardon RESOLVED that as recommended by the Committee of the Whole, having met on August 12th, 2013, Common Council appoint Patricia Anglin, Acting Deputy Common Clerk, which position is identified in the Municipalities Act by the title "Assistant Clerk ", pursuant to section 83 of the Municipalities Act, for a probationary period of up to one year beginning August 29th, 2013 at Group 5 Step A of the 2013 Management Salary Grid. Councillor Farren indicated that he will vote nay because he is opposed to positions that are appointed under section 74 of the Municipalities Act. Question being taken, the motion was carried with Councillors Farren and McAlary voting nay. 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- 175: Douglas Avenue (Bentley Street to Civic #228) Sanitary and Storm Sewer Renewal Project Temporary Construction Easement Portion of PID #00358481 - 263 Douglas Avenue: 1. The City of Saint John acquire from Terrence Joseph Keating a temporary construction easement in a 31.7 square metre +/- portion of PID # 00358481 for the sum of $1.00, upon the terms and conditions contained in the Temporary Construction Easement document attached to M &C 2013 -175, and, 2. The Mayor and Common Clerk be authorized to sign all necessary documentation. 5.2 That as recommended by the City Manager in the submitted report M &C 2013- 174: Douglas Avenue (Bentley Street to Civic #228) Sanitary and Storm Sewer Renewal Project Temporary Construction Easement Portion of PID # 55172860 - 247 Douglas Ave.: 1. The City of Saint John acquire from 630820 N.B. Inc. a temporary construction easement in a 41.5 square metre +/- portion of PID # 55172860 for the sum of $1.00,upon the terms and conditions contained in the Temporary Construction Easement document attached to M &C 2013 -174, and, 2. The Mayor and Common Clerk be authorized to sign all necessary documentation. I 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 12, 2013 /LE 12 AOUT 2013 5.3 That as recommended by the City Manager in the submitted report M &C 2013- 173: Douglas Avenue (Bentley Street to Civic #228) Sanitary and Storm Sewer Renewal Project Sanitary Lift Station and Gravity Sewer Easement Portion of PID # 00377937 - Province of New Brunswick: 1) The City of Saint John acquire from the Province of New Brunswick: A) A 116 square metre freehold portion of lands designated as PID # 00377937 shown on the tentative subdivision plan attached to M &C 2013 -173 for the sum of $1,248.16 + HST if applicable, and B) A Municipal Services Easement in and through lands designated as PID # 00377937 along the routing as generally shown on the tentative subdivision plan attached to M &C 2013 -173 for the sum of $353.00 + HST if applicable, and 2. That the Mayor and Common Clerk be authorized to execute all necessary documents. 5.4 That as recommended by the City Manager in the submitted report M &C 2013- 171: Easement Granting City to PNB, Peel Plaza /Justice Building, the City grant, for the nominal sum of $1.00, to the Province of New Brunswick, an easement for the movement of persons to, from and between the Police Headquarters and the Justice Law Court Facility and further that the Mayor and Common Clerk be authorized to execute any necessary document to effect the granting of easement. 5.5 That as recommended by the City Manager in the submitted report M &C 2013- 172: Rescheduling of Public Hearing 142 Harrington Street, Common Council cancel the scheduled September 3, 2013 public hearing for the Section 39 amendment application of Stepping Stones Fundy Region Inc. (142 Harrington Street), as requested by the applicant, and reschedule the public hearing for Monday, September 30, 2013 at 6:30 p.m. in the Council Chamber. 5.6 That as recommended by the City Manager in the submitted report Cornet from King's Square Bandstand, Common Council donate the comet from the King's Square bandstand to the New Brunswick Museum; and further, that the Mayor and Common Clerk be authorized to execute the appropriate documentation. 5.8 Refer to item 14.1. On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. Question being taken, the motion was carried. 5.7 Children's Wish Foundation of Canada Letter Re: Support for Exile Island Saint John On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the request for exemption of rental fees of $150.00 for the Barrack Green Fields from the Children's Wish Foundation of Canada NB Chapter be approved. Question being taken, the motion was carried. 6. Members Comments Council members commented on various community events. 7. Proclamation 7.1 The Greater Saint John Pride Week Festival - August 11 -17, 2013 Mr. Brian Boyd appeared before Council and provided information respecting the Greater Saint John Pride week. 3 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 12, 2013/LE 12 AOUT 2013 The Mayor proclaimed the week of August 11 -17, 2013 as The Greater Saint John Pride Week Festival in the city of Saint John. 8. Delegations /Presentation 9. Public Hearings 10. Consideration of By -laws 10.1 Third Reading Stop -Up and Close of Freedom Court On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the By -law entitled, "By -law Number M -23, A By -law To Amend a By -law Respecting the Stopping Up and Closing of Highways in The City of Saint John" with regard to Freedom Court, be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number M -23, A By -law To Amend a By -law Respecting the Stopping Up and Closing of Highways in The City of Saint John" was read in its entirety. On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the By -law entitled, "By -law Number M -23, A By -law To Amend a By -law Respecting the Stopping Up and Closing of Highways in The City of Saint John" with regard to Freedom Court, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title the by -law entitled, "By -law Number M -23, a By -law To Amend a By -law Respecting the Stopping Up and Closing of Highways in The City of Saint John ". 11. Submissions by Council Members 11.1 Amendment to Speaking Time Limits for Committee of the Whole Meetings (Councillor Reardon) On motion of Councillor Reardon Seconded by Councillor Lowe RESOLVED that the Procedural By -law be amended so that during a Committee of the Whole meeting a Council member is limited to speaking on a main motion for a maximum of three minutes each time. Question being taken, the motion was carried. 11.2 Request to Present from Multicultural Association of Saint John Inc. (Councillor Norton) On motion of Councillor Norton Seconded by Councillor Strowbridge RESOLVED that the request to present from the Multicultural Association of Saint John Inc. be referred to the clerk for scheduling. Question being taken, the motion was carried. 11.3 Cities of New Brunswick Meeting — Railway Safety (Deputy Rinehart) On motion of Deputy Mayor Rinehart Seconded by Councillor Reardon RESOLVED that the City of Saint John shall become a partner of the CROSS - BORDER MUNICIPAL COALITION FOR RAILWAY SAFETY in order to demand review, modernization and upgrading by the responsible public authorities of the standards governing activities of railway companies; and 11 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 12, 2013 /LE 12 AOUT 2013 THAT a copy of this Resolution be transmitted forthwith to the Union of Quebec Municipalities, to the attention of Martine Painchaud, Director of International Relations. Question being taken, the motion was carried. 11.4 Cities of New Brunswick Meeting — General Meetings (Deputy Rinehart) On motion of Deputy Mayor Rinehart Seconded by Councillor MacKenzie RESOLVED that Common Council recommends that the Cities of New Brunswick hold one general meeting per year. Question being taken, the motion was carried. 11.5 Use of former Jewish Synagogue Building (Councillor Lowe) On motion of Councillor Lowe Seconded by Councillor Farren RESOLVED that item 11.5 Use of Former Jewish Synagogue Building be referred to the City Manager. Question being taken, the motion was carried. 12. Business Matters - Municipal Officers 12.1 Guide Rail Best Management Practice - Hillcrest Road Kevin Rice, Deputy Commissioner of Municipal Operations, outlined the contents of the submitted report and he responded to questions from Council members. Responding to a question, the solicitor opined that the Coroner's Hearing made a recommendation, not an order for the guide rail. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -151: Guide Rail Best Management Practice - Hillcrest Road Common Council: 1. Endorse the implementation of the Guide Rail Best Management Practice for any guide rail installation or maintenance that is performed from this date forward. This would also include any work performed by contractors. 2. Authorize staff to provide a copy of this Report to the Office of the Chief Coroner. 3. Endorse the City Traffic Engineer recommendations as a result of the investigation Question being taken, the motion was carried. On motion of Councillor Merrithew Seconded by Councillor Farren RESOLVED that the City Manager be directed to arrange for a guide rail to be installed between 89 and 111 Hillcrest Road. Question being taken, the motion was carried with the Deputy Mayor and Councillors Reardon and Norton voting nay. On motion of Councillor Reardon Seconded by Councillor MacKenzie RESOLVED that the City Manager be directed to investigate the feasibility of lowering speed limits from 50 km an hour to 40 km per hour in certain areas throughout the City in consultation with the Saint John Board of Police Commissioners. Question being taken, the motion was carried. 12.2 Proposed Saint John Skateboard By -Law Amendment 5 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 12, 2013/LE 12 AOUT 2013 On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the by -law entitled "A By -Law respecting the Use of Skateboards and Other Recreational Equipments within The City of Saint John ", be read a first time. Question being taken, the motion was carried. Read a first time by title, the bylaw entitled, "A By -Law respecting the Use of Skateboards and Other Recreational Equipments within The City of Saint John." On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the by -law entitled "A By -Law respecting the Use of Skateboards and Other Recreational Equipments within The City of Saint John ", be read a second time. Question being taken, the motion was carried. Read a second time by title, the bylaw entitled, "A By -Law respecting the Use of Skateboards and Other Recreational Equipments within The City of Saint John." 12.3 Safe, Clean Drinking Water Program — Update On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -177: Safe, Clean Drinking Water Program Update: 1. Council approve the governance structure as outlined in Appendix A. 2. Council authorize the secondments of two (2) provincial employees (specialists in P3 procurement), and approve the hiring of one (1) additional part -time individual (specialist in P3 procurement). Approve the hiring of two temporary positions (one (1) Communications Office, one (1) Common Clerk's Office). See submitted Appendix B. 3. Council authorize the additional payment to PricewaterhouseCoopers for the Phase 1 procurement in the amount of $125,000 plus taxes. 4. Council authorize the engagement of PricewaterhouseCoopers for Phase 2: Commencement of the Procurement Process and Phase 3: Negotiations and Financial Close. Price not to exceed $350,000 plus disbursements and taxes. 5. This report be received and filed. Question being taken, the motion was carried. 12.4 Demolition of the Vacant, Unoccupied, Dilapidated and Dangerous Building at 49 & 51 Summer Street (PID #22186) On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -178: Demolition of the Vacant, Unoccupied, Dilapidated and Dangerous Building at 49 & 51 Summer Street (PID #22186), Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -law, to arrange for the demolition of the building at 49 & 51 Summer Street (PID #22186), in accordance with the applicable City purchasing policies. Question being taken, the motion was carried. 12.5 Transportation and Environment Services - 1 -Ton Truck Replacement On motion of Councillor McAlary X 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 12, 2013 /LE 12 AOUT 2013 Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -170: Transportation and Environment Services - 1 -Ton Truck Replacement, Common Council award the tender for the supply of; 1. Two (2) 1 -Ton 4- wheel -drive Regular Cab (Dual Rear Wheel) trucks at a price of $110,848.00 plus HST and 2. One (1) 1 -Ton 4- wheel -drive Extended Cab (Dual Rear Wheel) truck at a price of $67,370.00 plus HST and further, that the Mayor and Common Clerk be authorized to execute any necessary contract documents. Question being taken, the motion was carried. 12.6 Canada Hockey Excellence Building at 125 Station Street On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -176: Canada Hockey Excellence Building at 125 Station Street: 1. The City accept the Surrender of the Lease to Canadian Hockey Association dated 27 March, 1997 a copy of which is attached to M &C 2013 -176, and 2. The City enter into a lease with Tri- Maritime Bus Network Inc. for lot 96 -1 as depicted on a plan of survey dated 10 September, 1996 (a copy of which plan is attached to this report) generally upon the terms and conditions set out on the Lease Proposal a copy of which is attached to M &C 2013 -176, and 3. The Mayor and Common Clerk be authorized to execute the necessary documents. Question being taken, the motion was carried. 13. Committee Reports (Councillor Farren withdrew from the meeting) 13.1 Saint John Transit Commission: "Yield to Bus" Legislation On motion of Councillor Reardon Seconded by Councillor Strowbridge RESOLVED that the City of Saint John endorse the "Yield to Bus" initiative and make a formal request to the province for legislative enactment of this provision in the Motor Vehicle Act. Question being taken, the motion was carried. (Councillor Farren reentered the meeting) 13.2 Finance Committee - Operating Results Projection for 2012 and 2013 Referring to a submitted report, Councillor Merrithew provided an overview of the operating results projection for 2012 and 2013. On motion of Councillor Merrithew Seconded by Councillor McAlary RESOLVED that the operating results projection for 2012 and 2013 be received for information. Question being taken, the motion was carried. 14. Consideration of Issues Separated from Consent Agenda 14.1 SPCA Letter Re: Signage on City Property- Request for Exemption On motion of Councillor McAlary 7 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 12, 2013/LE 12 AOUT 2013 Seconded by Councillor Farren RESOLVED that item 14.1 SPCA Letter Re: Signage on City Property - Request for Exemption be referred to the 3 member Council Committee established to review the signage section of the Zoning By -Law of the City of Saint John. Question being taken, the motion was carried. 15. General Correspondence 16. Supplemental Agenda 18. Adjournment On motion of Councillor Strowbridge Seconded by Councillor Merrithew RESOLVED that the Common Council meeting of August 12, 2013 be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 7:55 p.m. Mayor / maire Common Clerk / greffier communal n. Mayor And Councilors City Of Saint John, N.B. Good Day, My Name is Normand Hector, I own and operate NWH Modeling And Fashion Shows located here in our great city. I have been operating my business from Howard Johnsons, now entering my 10th year. When I found out about the old Synagogue and the direction you were taking regarding the RFP I wanted to be considered strongly. I was born and raised in this city, I understand our uptown core has to be kept strong with new ideas and positive ventures that impact our residents along with small and large retailers. I started NWH Modeling for our young people that needed direction and guidance through self- esteem and self - confidence classes while bringing the world of modeling and fashion into the curriculum. I have had the pleasure of doing many fashion events at our local venues, I now would like to move them all in house at my own location. Nine years ago I started with 4 girls teaching them to become stronger with themselves, I was located at the old Forest Glen Community Center ...My classes grew, I am proud to say I have over 60 students attending weekly sessions and classes, working on their inner beauty and embracing the world of opportunities that await them as they grow to become stronger citizens of our community. I have met with Uptown Saint John regarding locations in the past, unfortunately the old Pascal Emerson's and Paramount are not economical choices for me. The costs for my program are set at a range that allow all families in our city, no matter what the financial situation may be a fair and equal chance to bring this program inside a young person's life that may need it. I am proud to have partnered with Income Assistance, and Pro Kids offering some of their clients the same opportunities. Growing up in the South End and recognizing at the age of 11 that I was not your typical young person, truly would have loved to had this option. Self Esteem, Self Confidence classes all within a world of fashion and modeling right here in my own city. The Heritage of the location would remain as such , I understand completely the guidelines of our Heritage Properties. NWH Modeling is strong and ethical, I would continue to bring business to our uptown by showcasing the many retailers and fashion merchants on the newly built runway /stage in house as well is investing my money into the property to make it a professional and attractive addition to our city. Most importantly continue on with impacting the future of our youth who so desperately need it today. The NWH Modeling program runs yearly with 2 summer camp mini programs July and August, the full time schedule once you have enrolled is Healthy Eating, Self Confidence, Self Esteem , Make Up Training Sessions, zumba Fitness, Interviewing Skills And Wardrobe Coordination , Advanced and Beginner Runway and Presentation Classes and On Site Fashion Photo Shoots . NWH welcomes students starting from ages 6 and up, they all have the opportunity to take part in all fashion shows and events we host ...We successfully present 5 -7 shows a year! NWH would like to have this location, having this kind of business located in this property would mean great things for our cities uptown community, along with our retailers and youth. Last year NWH Modeling was followed by Rogers Community Television, they wanted to find out what all of the excitement was about and step inside the world of NWH Modeling. They did that and I have enclosed the program, this is the best resume and response I could give you explaining the impact we have had with so many and will continue to have. I love my business and the passion it takes to succeed. By NWH obtaining this site we will -Align our business goals with the uptown retailers Expand classes and move out of Howard Johnsons Host more quality fashion events in our uptown core Leverage the power of my creativity in ways to advance our youth Set a positive , Tone , Pace and Pride for our city Succeed with our outlook and long term strategic objectives Advance our uptown community I welcome a response regarding expectations, selection process or a formal meeting with me presenting Why NWH Modeling should be in this location. My contact information is Normand Hector 849 -2009 or 631 -5402. Thank You for taking the time to read this in view the program. CD Enclosed is returnable to Normand Hector 631 -5402 Sincerely, Normand Hector /w REPORT TO COMMON ON COUNCIL, August 19, 2013 M &C2013 -181 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: The City of saint John SUBJECT: Transportation and Environment Services - Tender for Highway Salt BACKGROUND The City of Saint John uses highway salt as well sand to keep streets and sidewalks clear in the winter. Both materials are procured through supply contracts. Obtaining adequate highway salt supply during the winter months, when it is typically in higher demand by various jurisdictions, can be difficult. As a result, staff of Materials Management and Transportation & Environment Services have sought to split the City's requirements between "Early Season Delivery" (i.e. before winter), and "Winter Season Delivery ". As a result, both salt sheds (McAllister Drive and Bay Street) will be filled well before the winter season. Seeking the material during off -peak months also resulted in a slight reduction in cost to the City. INPUT FROM OTHER SOURCES — MATERIALS MANAGEMENT: A public tender call was issued on July 25, 2013 and closed on August 14, 2013. Two (2) companies responded to the tender call by submitting bids. The results are as follows (including delivery and excluding HST): The Canadian Salt Co. Ltd. Cargill Drilling Technology Year One Pricing: Early Season Delivery (date of award to Nov 30t" 2013) Winter Season Delivery (Dee lst 2013 to April 30" 2014) $87.97 /tonne $88.77 /tonne $69.39 /tonne $69.74 /tonne Year Two Pricing: Early Season Delivery (June 1St and Nov 30t' 2014) Winter Season Delivery (Dec 1St 2014 to April 30th 2015) $90.20 /tonne $91.00 /tonne $70.08 /tonne $70.43 /tonne M &C2013 -181 August 19, 2013 Page 2 Staff of Materials Management and Transportation & Environment Services have reviewed the tenders and have found there to be complete and formal in every regard. Staff believes that the supplier with the low tender (Cargill Deicing Technology) has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. This process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. FINANCIAL IMPLICATIONS: Staff estimate, based on historical data, the City's requirement to be approximately 15,000 tonnes of highway salt for each year of this agreement. The severity of each winter however will impact how much material will actually be required. Based on the estimated consumption and using the price submitted by Cargill, it is predicted the City will spend approximately $1,046,100 in year one and $1,052,100 in year two to purchase highway salt. This is a planned expenditure for which funds are included in the annual operating budget. RECOMMENDATION: It is recommended that the tender from Cargill Deicing Technology, for the establishment of a two year supply agreement for highway salt as per the pricing detailed in this report, be accepted. Respectfully submitted, 1 R. Kevin Rice, C.E.T. Deputy Commissioner, Transportation and Environment Services Wm. Edwards, P. Eng. J. Patrick Woods, CGA Commissioner, City Manager Transportation and Environment Services REPORT TO COMMON COUNCIL M &C2013 -185 August 21, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: r 'he City of Saint John SUBJECT: Consulting Engineering Agreement with TerrAtlantic Engineering Limited PURPOSE The purpose of this report is to obtain Council's approval for the existing Consulting Engineering Agreement with TerrAtIantic Engineering Ltd. (TerrAtlantic) to be assigned to BGC Engineering Limited as requested by TerrAtlantic. BACKGROUND When Consultants are engaged for engineering design and construction management services for specific projects they are required to enter into a Consulting Engineering Agreement with the City of Saint John. The Mayor and Common Clerk execute the Agreements on behalf of the City. TerrAtlantic has entered into an Agreement with the City for the following ongoing prof ect: Engineering Design and Construction Management Services: Groundwater Exploration for Potable Water — Hydrogeoiogical and Environmental Services 2012- 091202P. ANALYSIS Pursuant to paragraph 15(1) of the Consulting Engineering Agreement which states, "This Agreement cannot be assigned by the Consultant to any other service provider without the express written approval of the City." TerrAtlantic has advised the City, by letter, they have joined with another company and will be operating under the company name of BGC Engineering Limited thus formally requesting the contract assignment. M &C2013 -185 August 21, 2013 Page 2 Further, paragraph 28(1) of the Consulting Engineering Agreement states, "This Agreement shall ensure to the benefit of and be binding on the successors and assigns of the City and on the successors and permitted assigns of the Consultant." TerrAtlantic Engineering Ltd. has advised City staff, in writing, that the Agreement identified in the background section of this report will be assigned to BGC Engineering Limited who agrees to adhere to all the terms and conditions contained in the Agreement. Staff is of the opinion that the same high level of service will be obtained from BGC Engineering Limited as was anticipated under the original Agreement with TerrAtlantic. INPUT FROM OTHER SOURCES: This report has been reviewed with the City Solicitor's office.. RECOMMENDATION It is recommended that Common Council authorize the following Agreement be assigned from TerrAtlantic Engineering Ltd. to BGC Engineering Limited: Engineering Design and Construction Management Services: Groundwater Exploration for Potable Water — Hydrogeological and Environmental Services 2012- 091202P. Respectfully submitted, Gerry Mattsson, P.Eng. Municipal Engineer Wm. Edwards, Eng. Commissioner Saint John Water Brian Keenan, P.Eng. Engineering Manager J. Patrick Woods, CGA City Manager REPORT TO COMMON COUNCIL OPEN SESSION M &C2013 -186 August 26, 2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Designation of By -law Enforcement Officer and Inspection Officers BACKGROUND =9y City of Saint John From time to time, due to staff changes, it is necessary to designate appropriate individuals as By -law Enforcement Officers for the various by -laws enforced by Growth and Community Development Services. A new employee, Ms. Nicole McKenna, has been hired for the Minimum Property Standards Program. Ms. McKenna holds a Bachelor of Science in Engineering (Civil) from the University of New Brunswick and is a registered Professional Engineer with APEGNB. It is necessary at this time to designate this individual as a By -law Enforcement Officer for the purposes of carrying out her duties by adopting the attached resolution. In doing so, Ms. McKenna is designated and authorized to: • Lay informations in the Provincial Court of New Brunswick with respect to various property- related by -laws; • Issue Notices to Comply with respect to the Saint John Unsightly Premises and Dangerous Buildings and Structures By -law and the Saint John Minimum Property Standards By -law and; • Issue POPA tickets for violations of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -law, the Saint John Minimum 15 M & C 2013 - 186 - 2 - August 26, 2013 Property Standards By -law and appropriate sections of the Municipalities Act. Additionally, two other individuals — Mr. Kyle Arsenault and Ms. Katelyn Davis - have been hired as Technical Services Inspectors. Mr. Arsenault holds a Diploma in Civil Engineering Technology from the New Brunswick Community College and Ms. Davis holds a Bachelor of Science in Engineering (Civil) from the University of New Brunswick. At this time, it is necessary to appoint each as Inspection Officers, so that they may conduct inspections pertaining to enforcement of the Saint John Minimum Property Standards By -law and the Saint John Unsightly Premises and Dangerous Buildings and Structures By -law. RESOLUTION Your City Manager recommends that Common Council adopt the attached resolutions. Respectfully submitted, Pamela Bentley, P. Eng. Technical Services Engineer Growth and Community Development Services Amy Poffenroth, P. Eng., MBA Building Inspector & Acting Commissioner Growth and Community Development Services J. Patrick Woods, CGA City Manager encl. 16 RESOLVED, that as recommended by the City Manager, the following resolution be adopted: 1. WHEREAS the Common Council of The City of Saint John has enacted certain by -laws pursuant to the authority of the Municipalities Act, R.S.N.B 1973, c. M -22, and amendments thereto (the "Municipalities Act "), including the Saint John Minimum Property Standards By -law, By -law Number M -14, and amendments thereto (the "Saint John Minimum Property Standards By -law ") and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has contravened or failed to comply with the said by -law; AND WHEREAS subsection 14(1) of the Police Act, S.N.B. 1977, c. P -9.2, and amendments thereto (the "Police Act ") provides that a council may appoint persons as by -law enforcement officers for a municipality; AND WHEREAS subsection 23(1) of the Saint John Minimum Property Standards By -law provides that where a condition of a premise, dwelling, dwelling unit or structure does not comply with the Saint John Minimum Property Standards By -law, an officer appointed by council may notify the owner or occupier of a premise, dwelling unit or structure by notice in the form prescribed by Regulation; AND WHEREAS section 101 of the Municipalities Act provides that proceedings for breach of a by -law shall be commenced in the name of the clerk of the municipality or such other person as is designated for that purpose by the council: NOW THEREFORE BE IT RESOLVED, that Nicole McKenna is hereby appointed as a by -law enforcement officer with respect to the enforcement of the Saint John Minimum Property Standards By -law, effective immediately, and this appointment shall continue until she ceases to be an employee of Growth & Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Nicole McKenna is hereby appointed and authorized to notify owners and occupiers with respect to premises, dwellings, dwelling units or structures that do not meet the standards that are set out in the Saint John Minimum 17 -2- Property Standards By -law, effective immediately, and this appointment and authorization shall continue until she ceases to be an employee of Growth & Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Nicole McKenna is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Minimum Property Standards By -law, effective immediately, and this appointment and authorization shall continue until she ceases to be an employee of Growth & Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 2. WHEREAS the Common Council of The City of Saint John has enacted certain by -laws pursuant to the authority of the Municipalities Act, including the Saint John Unsightly Premises and Dangerous Buildings and Structures By -law, By -law Number M -30, and amendments thereto (the "Saint John Unsightly Premises and Dangerous Buildings and Structures By- law "), and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has contravened or failed to comply with the said by -law; AND WHEREAS subsection 14(1) of the Police Act provides that a council may appoint persons as by -law enforcement officers for a municipality; AND WHEREAS subsection 190.01(3) of the Municipalities Act provides that an officer appointed by council may notify the owner or occupier of premises, a building or structure by notice in the form prescribed by regulation when a condition exists pursuant to subsections 190.01(1), 190.01(1.1) or 190.01(2) of the Municipalities Act; AND WHEREAS section 101 of the Municipalities Act provides that proceedings for breach of a by -law shall be commenced in the name of the clerk of the municipality or such other person as is designated for that purpose by the council: NOW THEREFORE BE IT RESOLVED, that Nicole McKenna is hereby appointed as a by -law enforcement officer with respect to the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -law, effective immediately, and this appointment shall continue until she ceases to be an im -3- employee of Growth & Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Nicole McKenna is hereby appointed and authorized to notify owners and occupiers with respect to premises, buildings or structures that are unsightly; buildings or structures that are a hazard to the safety of the public by reason of being vacant or unoccupied; buildings or structures that are a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, as set out in the Saint John Unsightly Premises and Dangerous Buildings and Structures By -law, effective immediately, and this appointment and authorization shall continue until she ceases to be an employee of Growth & Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Nicole McKenna is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -law, effective immediately, and this designation and authorization shall continue until she ceases to be an employee of Growth & Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 3. WHEREAS, the Common Council of The City of Saint John has enacted certain by -laws pursuant to the authority of the Municipalities Act, including the Saint John Dog Control By -law, By -law Number M- 13, Mobile Home Parks By -law, By -law Number M -20, , including all amendments thereto, and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has contravened or failed to comply with the said By -law; AND WHEREAS subsection 14(1) of the Police Act provides that a council may appoint persons as by -law enforcement officers for a municipality; AND WHEREAS section 101 of the Municipalities Act, provides that proceedings for breach of a by -law shall be commenced in the name of the clerk of the municipality or such other person as is designated for that purpose by the council: 19 -4- NOW THEREFORE BE IT RESOLVED, that Nicole McKenna is hereby appointed as a by -law enforcement officer with respect to the enforcement of the Saint John Dog Control By -law and the Mobile Home Parks By -law, effective immediately, and this appointment shall continue until she ceases to be an employee of Growth & Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Nicole McKenna is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Dog Control By -law and the Mobile Home Parks By -law, effective immediately, and this appointment and authorization shall continue until she ceases to be an employee of Growth & Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 4. WHEREAS subsection 100.2(a) of the Municipalities Act provides that offences under subsection 94.2(3) or 102.1(1.2) of the Municipalities Act or offences in respect of a by -law under subsection 94(1) or 94(3) or section 190 of the Municipalities Act, are prescribed offences for the purposes of section 9 of the Provincial Offences Procedure Act, S.N.B. 1987, c. P -22.1, and amendments thereto; AND WHEREAS subsection 100.2(b) of the Municipalities Act provides that a by -law enforcement officer appointed under section 14 of the Police Act, and designated by resolution of the council is an authorized person who may serve tickets in respect to offences referred to in subsection 100.2(x) of the Municipalities Act: NOW THEREFORE BE IT RESOLVED, that Nicole McKenna is hereby designated and authorized as a person to serve tickets in respect to offences referred to in subsection 100.2(x) of the Municipalities Act, effective immediately, and this designation and authorization shall continue until she ceases to be an employee of Growth & Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 5. WHEREAS subsection 4(1) of the Saint John Minimum Property Standards By -law provides that Common Council may for the purposes of the administration and enforcement of the said by -law, appoint inspection officers who may exercise such powers and perform such duties as may be set out in the said by -law and /or the 20 - 5 - Residential Properties Maintenance and Occupancy Code Approval Regulation — Municipalities Act and /or the Municipalities Act: NOW THEREFORE BE IT RESOLVED, that each of Kyle Arsenault and Katelyn Davis, is hereby appointed as an inspection officer with respect to the enforcement of the Saint John Minimum Property Standards By -law which received first and second reading by Common Council on August 18, 2008 and third reading on September 2, 2008, being enacted upon approval by the Minister of Local Government, and /or the Residential Properties Maintenance and Occupancy Code Approval Regulation — Municipalities Act and /or the Municipalities Act, and these appointments shall continue until they cease to be employees of the Growth & Community Development Services of the City of Saint John or until it is rescinded by Common Council, whichever comes first. 21 Saint John Parking Commission Commission sur Ile stationnement de Saint John August 21, 2013 Mayor Mel Norton and Members of Common Council City of Saint John Stn Floor, City Hall Saint John, NB Mayor Norton and Members of Common Council: RE: Appointment of Daniel Desjardins Canadian Corps of Commissionaires as a By -Law Enforcement Officer We are requesting that the following resolution be approved: 11 th Floor, City Hail, 11 ieme Etage, Hotel de Ville P.O. Box 1971 / C.R 1971 Saint John, N,B. /N. -B. E21L 41_1 Tel / Tel: (506) 658 -2897 Fax/ Telecopieur: (506) 649 -7938 E -mail / Courriel: parking@saintjohn.ca "Resolved that pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following member of the Canadian Corps of Commissionaires as By -Law Enforcement Officer with the responsibility and authority to enforce provisions of the Parking Meter By -Law and the provisions of Section 5 Section 5.1, Section 7, Section 8, Section 15 and Section 16 of the Saint John Traffic By -Law, namely: Daniel Desjardins And further, that this appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or until the,-appointment is rescinded by Common Council, whichever comes first." Yours truly, RZ� and J. Smith G� eral Manager RJS /vf www.saintjohn.ca Dear City Council My name is Justin Bernier and I reside in the apartment building 24 Nason road. The reason for sending this letter is I wish to ask permission for Bell Aliant to be able to dig in the ground around my building, it would be nothing major but it is necessary for them to be able to install Fiber Op internet. Fiber Op Internet may not seem like a big deal but I am applying to be a partner with an online organization that would get extra income for our household, but the business requires a lot of downloading and uploading of files, and as it stands it takes longer than a day to upload some video files which are only ten minutes long. I know some people would suggest that I go with Rogers but with the amount of internet traffic that goes through our apt on a regular basis the bandwidth caps they have would restrict us greatly. But sadly as great as it is having no limitations on bandwidth with Bell Aliant any packages under the Fiber Op Package are not up to par with what I need. So all I need is permission from the city council to allow Bell Aliant to dig in the ground long enough to install the wiring needed and once all is said and done I shall need nothing else. Thank you for taking the time to read my letter, and I hope you consider my suggestion; hope to hear from you soon. Justin Bernier QSRI Saint John izz>. Board o f Trade Making It Happen For Business 40 rue King St • C.P. /P.O. Box 6037 . Saint John, NB • E2L 4R5• E -Mail info @sjboardoftrade.com Telephone/T616phone (506)634 -8111 • Fax/T616copieur (505)632 -2008 Website: www.sjboardoftrade.com August 21, 2013 Saint John Common Council P.O. Box 1971 Saint John, NB E2L 4L1 Mayor Norton and Members of Common Council: The Saint John Board of Trade respectfully requests the opportunity to present to Common Council on September 16th during open session of the council meeting. We intend to present the findings of an online survey of our members intended to gauge feedback regarding Sunday shopping hours. Members have been sent the survey via email and will have two weeks to provide input with the survey concluding September 4th. The two question survey seeks to quantify if members are content with the status quo, meaning, continue with set Sunday shopping hours between 12:00 pm and 5:00 pm, or would they rather allow businesses to set their own hours for Sunday. A further question seeks to determine if businesses should be prohibited from opening before 12:00 noon. The presentation of the survey results is anticipated to be less than ten minutes in duration. The Saint John Board of Trade is a nationally accredited business organization dedicated to fostering an economic climate that enhances growth, prosperity, and an improved quality of fife in the community. With more than 1,000 members, representing 600 small, medium, and large businesses and organizations and therefore, the interests of more than 30, 000 citizens, the Board is a dynamic advocate and the principal voice for the business community of Greater Saint John. It offers a variety of programs, activities, services, and networking opportunities designed to enhance the business prospects of members and the overall business climate of the area. Sincerely yours, i�� David Duplisea Executive Director Saint John Board of Trade REPORT TO COMMON COUNCIL M & C — 2013 -179 August 20, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Douglas Avenue (Bentley Street to Civic 9228) Sanitary and Storm Sewer Renewal Project Temporary Construction Easement Portions of PID # 00377945 — 261 Douglas Ave. BACKGROUND: Four residential properties located near the New Brunswick Museum on Douglas Avenue are connected to an existing City gravity sewer pipe that discharges untreated wastewater into the Saint John River, The Douglas Avenue (Bentley Street to Civic #228) - Sanitary and Storm Sewer Renewal Project involves the renewal of the existing combined sewer with new separate sanitary sewer and storm sewer as well as the construction of a new lift station to pick up the sanitary laterals for these four properties and re -route these flows to the City's Eastern Waste Water Treatment Facility. There is funding in the 2013 General Fund and Utility Fund Capital Programs to complete the work. In order to pick up the sanitary flows from Civic # 261 and Civic # 263 Douglas Ave., two temporary construction easements are required across portions of PID # 00377945; one measuring 52.1 square metres +f- and the other 14.5 square metres Subject to Common Council approval, staff successfully negotiated agreement with Helron Real Estate Inc. for the City's purchase of the required temporary construction easements at the total price of $1.00. A copy of the Temporary Construction Easement agreement is attached hereto. ":�n`r; City of Saint John Report to Common Council - M &C 2013 -179 August 20, 2013 RECOMMENDATIONS: Page 2 That The City of Saint John acquire from Helron Real Estate Inc. two temporary construction easements in portions of PID # 00377945; one measuring 52.1 square metres +/- and the other 14.5 square metres +/- for the sum of $1.00,upon the terms and conditions contained in the Temporary Construction Easement document attached to M &C 2013179, and, 2. That the Mayor and Common Clerk be authorized to sign all necessary documentation. Respectfully submitted, Paul Wilson, BBA Real Estate Off =r khans, CGA, MBA ioner of Finance inistrative Services Attachments Briaxi Irving, BBA Manager Real Estate at -ck Woods, CGA at dtj t N.B. Museurn Description of Plan: N.B. Museum — Douglas Avenue Area N PID: 00377945 261 Douglas Ave k PAN: 01655989 Date: 30 Jul 2013 A Y TEMPORARY CONSTRUCTION EASEMENT THIS AGREEMENT made this 12- day of A u 5u -s t 12013. �3Jt'i�;�►� HELRON REAL ESTATE INC. 157 Prince William Street Saint John, New Brunswick E2L 2B4 (the "Owner") of the first part and — THE CITY OF SAINT JOHN P.O. Box 1.971 Saint John, New Brunswick E2 L 4L1 (the "City ") of the second part WHEREAS: PID #377945 File #2985 (A) The Owner is the registered owner of lands situate in the Province of New Brunswick being PlD #1.377945 known as civic address 262 Douglas Avenue, in the City of Saint John, in the County of Saint John, hereinafter known as the "Lands ",- and (B) The City requires rights over and across those portions of the Lands designated "Temporary Work Area for #t251 (14.5m2)" and "Temporary Work Area for #2fi3 (52.1m2) " on the sketch (Project No_ 09 -2340 Figure A) attached hereto as Schedule "A" for the purpose of constructing and installing sanitary laterals to be connected to the proposed adjacent Douglas Avenue Lift Station, such sanitary laterals being for the Benefit of the Owner and the adjacent property hearing PID #358481; and (C) The Owner has agreed to give the City such rights as hereinafter .set forth. IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED IN THIS AGREEMENT, THE PARTIES AGREE AS FOLLOWS: 1. The Owner, representing and warranting that 4 is the sole and absolute owner of the Lands, in consideration of the sum of One Dollar ($1,00) of lawful money of Canada, now paid by the City to the Owner, the receipt and sufficiency of which is hereby acknowledged by the owner, Page 12 hereby authorizes the City, by its servants, agents, employees, contractors and subcontractors to have the privileges as set out herein. 2. The City shall have the privilege and right at any time and from time to time during the term of this Agreement to enter upon, use and occupy those portions of the Lands shown as Temporary Work Area for #261 (14.5M2) and Temporary Work Area for #263 (52.1m2) on Schedule "A" (the "Working Area ") with men, machinery and equipment to construct and install two (2) sanitary laterals, one for the Owner's purposes and the other for the benefit of the property bearing PID #358481, to be connected to the adjacent Douglas Avenue Lift Station. 3. Without limiting the generality of the foregoing, the City shall have the privilege to remove any object in or on the Working Area interfering with the City's free and full enjoyment of the privileges hereby authorized and further including the movement of vehicles, machinery and equipment of all kinds on or over the Working Area. 4. The term of this Agreement shall be for a period commencing on the date of this Agreement and ending at 11:59 p.m. local time, December 31, 2014. 5. As soon as reasonably practical after completion of the construction and installation of the two (2) sanitary laterals to be connected to the adjacent Douglas Avenue Lift Station, the City at its own expense will remove construction debris from the Working Area and shall re- instate the Lands. The timing of the re- instatement shall be at the discretion of the City. 6. All notices to be given pursuant to this Agreement shall be by registered letter or couriered letter to the following addresses, or such other addresses as the parties may respectively from time to time designate in writing, and any such notice shall be deemed to have been given to and received by the addressee five (5) days after the mailing thereof, postage prepaid and registered: Owner: Helron Real Estate Inc. Address: 167 Prince William Street, Saint John, NB, E21- 2B4 City: The City of Saint John Attention: The Common Clerk Address: P.O. Box 1971, Saint John, NB, E21- 41-1 7. The Owner agrees to notify any potential purchasers of the Lands of the existence of this Agreement and agrees to notify the City in writing forthwith upon any conveyance, sale or other transfer of any interest in all or part of the Lands and provide the name(s) and addresss(es) of the new owner(s). 8. The Owner agrees to notify any tenants) and /or licensee(s) of the Working Area of this Agreement and will ensure that any such tenant(s) and /or licensee(s) shall not interfere with the privileges herein. r Page 13 IN WITNESS WHEREOF the party of the first part has hereunto affixed its corporate seal attesters to by the hand of its proper officer in that behalf and the party of the second part has hereunto affixed its common seal attested to by the hands of its proper officers in that behalf. SICKED, SEALED AND DELIVERED in the presence of: Witness: HELRON REAL EST INC. Per: THE CITY OF SAINT JOHN Per: Mayor Per: Common Clerk Common Council Resolution: y 201 wt�' I 1 PROPOSED TEMPORARY WORK AREA FOR #261 LATERAL = 14.5r 2 1 �- ' PROPOSED TEMPORARY 13 WORK AREA FOR #263 r LATERAL = 52.1 m2 0 1 I I ! r, �r i r C I C7 1� DOUGLAS AVENUE L 0 REAL 45 �, jq za r � � Ai. VC> 1� G '�h0 EI �r I% �I I CITY OF SAINT JOHN NEW BRUNSWICK DOUGLAS AVENUE PROPOSED TEMPORARY WORK AREA PLAN PRCJ. # 08 -2340 1 SCALE: 1:200 000 Poo DATE: JUNE 2013 DRAWN: JFL DILIAN FIGURE CONSULTING 4A r'I r 1 C7 �, jq za r � � Ai. VC> 1� G '�h0 EI �r I% �I I CITY OF SAINT JOHN NEW BRUNSWICK DOUGLAS AVENUE PROPOSED TEMPORARY WORK AREA PLAN PRCJ. # 08 -2340 1 SCALE: 1:200 000 Poo DATE: JUNE 2013 DRAWN: JFL DILIAN FIGURE CONSULTING 4A �q REPORT TO COMMON COUNCIL M &C 2013 -189 August 20, 2013 His Worship Mel Norton And Members of Common Council Your Worship and Councillors: SUBJECT Saint John City Market — Amendment to Lease of Space Stall "No. 4" BACKGROUND t7� -lRJ The City of saint John On September 24th, 2012, Common Council resolved to enter into a lease with Shawarma Hut Inc., for the lease of Stall "No. 4" in the Saint John City Market (M &C 2012 -245). Shawarma Hut Inc. has and continues to operate actively and diligently for the sole purpose of a takeout restaurant offering traditional Arabic Shawarma on the premises. During the fixturing period and space build out of Stall "No. 4 "by the lessor and lessee, it was determined additional space was needed to accommodate the operation of the business. Over the next number of months the site was re- surveyed to determine the new leasable area. ANALYSIS Shawarma Hut Inc. hopes to continue leasing Stall "No.4 ", which now amounts to three hundred eighty four square feet (384 ftz) of leasable area in the Saint John City Market, 47 Charlotte Street, Saint John, New Brunswick. This is an increase of approximately forty eight square feet (48 ft') of leasable area. FINANCIAL CONSIDERATIONS The proposed Amendment to Lease (attached) will increase the leasable area for the lessee, however, it will maintain the current terms of the lease resolved by Common Council on September 24, 2012 (M &C 2012 -245) highlighted by a term of five years, with rent that ranges from $32.00 per square foot (psf) in year one to $34.50 psf in the fifth year. The amendment to lease document as attached is standard and consistent with the amendments granted to other tenants in the City Market in the past. INPUT FROM OTHER SOURCES Staff of the City Market, Facility Management, and Legal Department have all reviewed and contributed to this report. Report to Common Council Page 2 of 2 Saint John City Market - Amendment to Lease of Space Stall "No. 4" RECOMMENDATION Your City Manager recommends: 1) Approve the Amendment To Lease of space for stall "No. 4" in the City Market with Shawarma Hut Inc. under the terms and conditions as set out in the amendment submitted with M &C 2013 -189, and further; and 2) That the Mayor and Common Clerk be authorized to execute the Amendment to Lease. Respectfully submitted, J4- Trevor Gamblin, M.Sc.E, P Manager, Facility ManageVOnA Gr oryJ. Ye Wcce MBA Commission r, Administrative Services A 't P t 'ck Woods, CGA Cit anager THIS AMENDMENT TO LEASE made this _L of r. 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 "Lessor" OF THE FIRST PART -and — SHAWARMA HUT INC., having an office at 8 Highway Avenue, Apartment A, Pennfield, New Brunswick, E511 2J2, doing business as "Shawarma Hut ", hereinafter called the "Lessee" OF THE SECOND PART WHEREAS the Lessor and the Lessee entered in to a Lease on September 25t`, 2012 (the "Lease "); and WHEREAS the Lessor and the Lessee now desire to amend the Lease; and WHEREAS the City by resolution of its Common Council meeting on 2013 authorized such amendment; NOW THIS AGREEMENT WITNESSETH that the Lessor and the Lessee in consideration of the sum of One ($1.00) Dollar paid by the parties each to the other, the receipt and sufficiency whereof is hereby respectively acknowledged, agree as follows: 1. That Schedule "A" to the Lease is deleted in its entirety and that the Schedule "A" hereto annexed is substituted therefor. 2. That s. 3.01 ( "Gross Rent ") in the Lease is deleted in its entirety and replaced with the following: "3.01 Gross Rent The Lessee shall pay annual Gross Rent to the average amount of Thirty -Three Dollars ($33.00) per square foot of Leased Premises. The Gross Rent shall be paid in equal monthly instalments, monthly in advance. According to the following schedule: Year 1 - $1,024.00 monthly ($32.00 per square foot) Year 2 - $1,040.00 monthly ($32.50 per square foot) Year 3 - $1,056.00 monthly ($33.00 per square foot) Year 4 - $1,072.00 monthly ($33.50 per square foot) Year 5 - $1,088.00 monthly ($34.00 per square foot)" 3. In all other respects the Lease remains unchanged. -2- IN WITNESS WHEREOF the parties hereto have caused these presents to be executed by their duly authorized representatives the day and year first herein written. SIGNED, SEALED & DELIVERED ) THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 2013 SHAWARMA HUT INC. SCHEDULE_" Window Glass Lease Line L Entrance / Exit co O ( Approximate Location t— x Stall 4 c 384 Sq. ft. �, i p cv � Columns 2' -1OY4" I--- - -- - — — — — — — — I Q- CL CL Leese tine a d bf 13' -11y2* CONCRETE EDGE PEDESTRIAN AISLE Nam* and Addrem of Spoeir City Market, Shawarrrta Hut Inc. Saint Jahn, N.B. I hereby certify that the rentable area as shown above is 384 Square Feet Date: March 7, 2013 Scale: 1"=5' HUGHES SURVEYS & CONSULTANTS INC. Saint Jahn, N.B. Job NumMn Y12 -227 CM Std114— Inip41H— SI0AAPM Dhk 2012XBS I D-- B„ WC /Jmd A.. CAS— T2L,SQ COUNTY OF SAINT JOHN PROVINCE OF NEW BRUNSWICK I, Stefan D. Ovezea, of Pennfieid, so- called, in the County of Charlotte, and Province of New Brunswick, MAKE OATH AND SAY:- THAT I am the President of Shawarma Hut Inc., the Lessee named in the foregoing instrument and have custody of the corporate seal of the said company and am duly authorized to make this affidavit. 2, THAT Shawarma Hut Inc. does not have a corporate seal. 3. THAT the signature "Stefan D. Ovezea" subscribed to the said instrument is my signature and as President I am duly authorized to execute the said instrument. 4. THAT the said document was executed as aforesaid at the City of Saint John, in the County of Saint John, in the Province of New Brunswick on the rte` day of 2013. SWORN TO before me at the CA ) of , in the County of } and Province of New } BrunsiVick, this j day of ) 2013. ) } Connnissioner of Oaths ) Being a Solicitor j REPORT TO COMMON COUNCIL August 20, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: WORLD ENERGY CITIES PARTNERSHIP E11 1 The City of Saint John BACKGROUND On May 27'1', 2013, Common Council adopted a motion requiring the City Manager to investigate the application process for the World Energy Cities Partnership (WECP) and to "submit a letter of intent and seek nomination from a current Canadian member city if a cost/benefit analysis proves beneficial." City Staff have since investigated, and have some findings to share with Members of Council. ANALYSIS As it currently stands, WECP is investigating its membership structure and subsequently placing all membership requests on hold. In fact, there are currently six applications in the queue for WECP membership and these applications are also currently on -hold. The organization's investigation includes reviewing its objectives as it relates to membership as well as reviewing the current process and criteria for accepting new members. WECP is investigating how to generate interest from countries and regions with no or very little involvement in the organization. Current members are expected to cover an $8,500 membership fee as well as attend two conferences annually. One conference is held in May in conjunction with the Offshore Technology Conference in Houston, Texas, while the other conference is hosted by a member city in the fall. It is standard to have two representatives from each member city attend, which tends to be the Mayor along with a municipal administrator focused on economic development. According to representatives from the Greater Halifax Partnership and the City of St. John's, the value of WECP can be found in the cultivation of international relationships and access to key decision- makers within the energy sector. In addition, the partnership has opened doors to a Page 2 variety of energy related opportunities, including infrastructure, innovation, IT services, trade, etc. Once additional information becomes available through WECP or its member cities, City Staff will return to Common Council with an update and recommended next steps. RECOMMENDATIONS Staff recommends that Common Council receive and file this report. Respectfully submitted, ,-k,- 6v- P Ouellette, MA Intergovernmental Affairs J. trick Woods, CGA City Manager x,11 REPORT TO COMMON COUNCIL M &C 2013 -183 August 20, 2013 His Worship Mel Norton And Members of Common Council Your Worship and Councillors: SUBJECT The City of Saint john Agreement with Fortis Properties for Cleaning and Security Services for Chipman Hill and City Market Pedways BACKGROUND The overhead and underground pedway system connects much of the uptown area, and provides citizens and visitors barrier - free accessible access to shopping, restaurants, arts, entertainment, fitness, accommodations, and other many other services without having to venture out into the elements. The Chipman Hill and City Market pedways connect City Hall to Brunswick Square and Brunswick Square to the City Market respectively. The hours of these pedway systems are generally from 6:00 am to 1:00 am, Monday through Sunday. Fortis Properties Corporation (Fortis Properties) has been providing cleaning and security services for the Chipman Hill and City Market pedways for many years. They have recognized the value of these pedways to Brunswick Square and the Delta Hotel, thus, they have shared the cost of these services with the City of Saint John. They also have the ability to react on ad hoc basis due to staff availability from the adjoining facility, namely, Brunswick Square. This report provides our recommendation to enter into a one (1) year agreement with Fortis Properties for cleaning and security services for the Chipman Hill Pedway and security services for the City Market Pedway at a total cost of $75,004.85 ($6,250.40 monthly), including HST. ANALYSIS AND FINANCIAL CONSIDERATIONS One key consideration for both cleaning and security of the Chipman Hill and City Market pedways (as well as other pedways) is the availability of personnel to respond to incidents on an ad hoc basis during all hours in which the pedways are open. Aside from the necessity for ad hoc service, the pedway system as a whole does not demand full time attention from a cleaning standpoint, even on days of inclement weather. Once or twice a day service is typically sufficient to maintain the pedways in a reasonable state of cleanliness. Security, however, is a service that is necessary during all open hours of the pedways system and regular patrols should take place on a full time basis. Report to Common Council Page 2 of 3 Agreement with Fortis Properties for Cleaning and Security Services for Chipman Hill and City Market Pedways For the City of Saint John to contract a security service provider directly for the entire pedway system, costs would be in the range of approximately $110,000 per year ($16.00 per hour, 19 hours per day, 365 days per year) for one guard to be available for all hours the pedways are open. This would exclude any extended hours of operation required as a result of events scheduled at Harbour Station. Under the proposed agreement, Fortis Properties provides security service for approximately $32,000 per year. This includes the Chipman Hill and City Market pedways. Under separate agreement with the Hardman Group, security services are provided for the St. Patrick Street, Aquatic Centre, Mercantile Centre, and Harbour Station pedways at an average cost of $68,000 per year. This includes extended pedway hours when there are events scheduled at Harbour Station. As can be seen, the service provided by both Fortis Properties and the Hardman Group provides value for money, since the sum of the two costs (i.e. $100,000) are slightly less than cost in which the City of Saint John could procure security services directly (i.e. $110,000). The proposed agreement with Fortis Properties also provides for the monitoring and operation of the elevating lift for persons with physical disabilities, which is in the City Market pedway. This elevating lift is restricted as to access and speed and is specifically designed for use by persons with physical disabilities, as imposed by the New Brunswick Department of Public Safety. The elevating lift is monitored and operated from the existing security desk of Fortis Properties, which operates on a 24/7 basis. This service is provided at a cost of approximately $16,000 per year. It is possible that the staff at the City Market could operate this elevating lift device, however, it would take away from their existing responsibilities in the City Market, thus, impacting the level of service provided. In addition, a means of remote monitoring would have to be installed if this was to take place, which would result in additional costs. As a point of interest, the Facility Management Division has submitted a capital request of $550,000 in each of the last couple of years to convert the existing elevating lift to a full service passenger elevator. This project would eliminate the need (and associated costs) for the elevating lift to be monitored and remotely operated in the future. The equivalent annual cost (EAC) for this project is approximately $36,000, assuming a factor of 5.5% for the cost of capital, and an expected useful life of 35 years. With respect to cleaning the pedways, the consideration of the availability of personnel to respond to incidents on an ad hoc basis during all hours in which the pedways are open makes it challenging for the City of Saint John to directly staff and /or contract out. Having one person available for all open hours of the pedway would cost approximately $90,000 per year ($13.00 per hour, 19 hours per day, 365 days per year). Under this proposed agreement, Fortis Properties provides cleaning service for approximately $5,500 per year for the Chipman Hill pedway. Under separate agreement with the Hardman Group, cleaning services are provided for the St. Patrick Street pedway for approximately $24,000 per year. The City of Saint contracts OMNI Facility Services directly to clean the Aquatic Centre, Mercantile Centre, and Harbour Station pedways at a cost of approximately $30,000 per year. Thus, under this model, the cost to have cleaning services for the entire pedway system is approximately $60,000 per year. City Market personnel clean the City Market pedway as part of their regular responsibilities, so this cost has been omitted from the total. Similar to security service, the cleaning service provided by both Fortis Properties and the Hardman Group provides value for money, since the sum of all the costs (i.e. $60,000) are less than cost in which the City of Saint John could procure the same level of cleaning services directly (i.e. $90,000). Additional costs under the proposed agreement relate to the monitoring of the fire alarm system in the Chipman Hill and City Market pedways. Since the pedways, Brunswick Square, and the Delta Hotel are all interconnected, the fire alarm systems must also be interconnected to some extent. Report to Common Council Page 3 of 3 Agreement with Fortis Properties for Cleaning and Security Services for Chipman Hill and City Market Pedways Given the level of service demanded, based on the analysis above, staff of the Facility Management Division considers that the proposed agreement with Fortis Properties is a cost effective solution as compared to the alternatives available at this time, thus, recommends its execution. Funding for the costs associated with this agreement for cleaning and security services have been provided in the 2013 operating budget of the Facility Management Division. INPUT FROM OTHER SOURCES Representatives from Facility Management, Finance, and Legal Services have reviewed this report and are satisfied with the recommendations as they pertain to their respective areas of service. Legal Services has reviewed and facilitated modifications to the wording contained in the agreement, which originated from Fortis Properties. RECOMMENDATION Your City Manager recommends: 1) That the City enter into a one (1) year agreement with Fortis Properties Corporation for cleaning and security services for the Chipman Hill Pedway and security services for the City Market Pedway at a cost of $75,004.85 plus HST for the year 2013 generally in the form as attached to this M &C 2013 -183; and 2) That the Mayor and Common Clerk be authorized to execute the said agreement. Respectfully submitted, Trevor Gamblin, M.Sc.E, P.Eng. Manager, Facility Management Gregory J. Yeomans, CGA, MBA Commissioner, Finance and Administrative Services a ick Woods, CGA Manager THIS AGREEMENT made in duplicate copies this day of , 2013. BY AND BETWEEN: FORTIS PROPERTIES CORPORATION, a duly incorporated company having offices in the City of Saint John, in the County of Saint John, and Province of New Brunswick, hereinafter called "Fortis" OF THE FIRST PART - and — 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 "City" OF THE SECOND PART WHEREAS the City is the owner of premises known as the "Chipman Hill Pedway" and the "City Market Pedway ", hereinafter called "the Pedways"; AND WHEREAS Fortis is the owner of the premises located in between the two Pedways; AND WHEREAS the purpose of this Agreement is to provide for the maintenance and security of the Pedways by Fortis; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements herein and subject to the terms and conditions set out in this Agreement, the parties agree as follows: This Agreement is for a term of one (1) year beginning on January 1, 2013 and ending on December 31, 2013. 2. Fortis shall keep the Chipman Hill Pedway in a clean and tidy condition and not permit garbage, ashes, waste or objectionable material of any kind to accumulate on or about the Pedway. This includes, but is not necessarily limited to, floors, windows, window frames, doors and railings. The City shall keep the City Market Pedway in a clean and tidy condition and not permit garbage, ashes, waste or objectionable material of any kind to accumulate on or about the Pedway. This 2 includes, but is not necessarily limited to, floors, windows, window frames, doors and railings. 3. (a) Fortis shall have access to the Pedways to carry out inspections of the condition of the said Pedways. (b) In the event that such inspections reveal that emergency type repairs or replacements are required, then in such an event, Fortis shall immediately perform such repairs or replacements as are necessary to correct the emergency in a good and workmanlike manner, and subsequently advise the City of the emergency and related repairs as soon as reasonably possible. For such emergencies, Fortis shall add and the City shall pay a 15% administration fee to all costs incurred. (c) In the event that such inspections reveal that non - emergency type repairs or replacements are required, then in such an event, Fortis shall so advise the City, and the City shall do these non - emergency type repairs or replacements at its own costs at its full discretion. 4. The City shall maintain the structural integrity of the Pedways. 5. (a) The City shall keep the Temperature in the Pedways set at 19 degrees Celsius twenty -four (24) hours per day and seven (7) days per week, between the months of October and May. (b) The City shall provide cooling to the Chipman Hill Pedway only when the temperature reaches or exceeds 24 degrees Celsius between the months of June and September and only between the hours of 9 :30 am and 5:30 pm, Monday through Saturday. 6. The City shall maintain signage on the Pedways to the effect that the Pedways are owned, maintained and operated by the City and that any concerns or complaints related to the Pedways should be directed to the City. 7. Fortis shall not make any changes, including painting, to the Pedways without having obtained the prior written consent of the City. 8. Subject to section 9 hereof, Fortis shall provide the services listed in Schedules "A" and "B" at the cost set out in the said schedules, both of which schedules are attached hereto and form part hereof, and the City shall pay Fortis a total of $75,004.85, inclusive of HST and administration fees, for said services rendered hereunder in 12 equal monthly instalments due and payable the first day of each month beginning January 1, 2013, and ending December 1, 2013. For certainty, Schedule "A" and Schedule "B" are a detailed breakdown of the services to be provided by Fortis and related cost for each Pedway. 3 Fortis shall invoice the City separately and the City shall pay for electricity supplied to the Pedways based on monthly consumption. 10. The City shall indemnify and save harmless Fortis and its affiliates from and against all actions, causes of action, proceedings, claims and demands brought against Fortis, and from and against all losses, costs, damages or expenses suffered or incurred by Fortis, by reason of any damage to property, including property of Fortis, or injury, including injury resulting in death, to persons, including the employees, servants, agents, licensees and invitees of Fortis, caused by, resulting from or attributable to the negligent act or omission of the City or any of its employees, servants, or agents in the performance of this Agreement. 11, Fortis shall indemnify and save harmless the City from and against all actions, causes of actions, proceedings, claims and demands brought against the City, and from and against all losses, costs, damages or expenses suffered or incurred by the City, by reason of any damage to property, including property of the City, or injury, including injury resulting in death, to persons, including the employees, servants, agents, licensees and invitees of the City, caused by, resulting from or attributable to the negligent act or omission of Fortis or any of its employees, servants, or agents in the performance of this Agreement. 12. Notwithstanding anything to the contrary contained in this Agreement, the City and Fortis shall not be liable to each other in any way for indirect or consequential losses or damages, or damages for pure economic loss, howsoever caused or contributed to, in connection with this Agreement. 13. During the term of the Agreement, Fortis shall, at its sole cost, obtain and keep in force commercial general liability insurance for claims for damages from personal injury including death, and for claims from property damage which may arise under this Agreement, which coverage shall have an inclusive limit of not less than Five Million Dollars ($5,000,000.00) for each occurrence, and which insurance shall also include the following: (i) the City as an additional insured; and (ii) a cross - liability clause. Fortis shall provide a certificate of insurance to the City evidencing such insurance coverage. 14. if either party defaults in the observance or performance of any covenant or obligation in this Agreement and the default continues for twenty days after written notice of it, or in the case of a default not involving the payment of money which cannot with due diligence be cured within a twenty day period, this Agreement shall, at the option of the party who is not in default, terminate. Other than for a default which is not remedied as set out above, this Agreement may be terminated by either party on 60 days notice in writing. Eli W 1 S. The provisions of sections 10, 11 and 12 survive termination of the Agreement. 16. This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. 17. Both parties hereto shall comply with the requirements of every applicable statute, law, by -law, ordinance, regulation, guideline or order with respect to the condition, maintenance, use or occupation of the Pedways and all systems related thereto, including but not limited to the electrical and sprinkler systems. 18. Any Notice, request or demand provided for in this Agreement shall be in writing: To the City addressed to: Trevor Gamblin, Manager, Facility Management The City of Saint John 15 Market Square P.O. Box 1971 Saint John, NB E2L 4L1 And if to Fortis addressed to: Fortis Properties Corporation 39 King Street Saint John, NB E2L 4W3 and may be delivered in person or sent by prepaid registered mail. Any notice which is delivered personally shall be effective when delivered. Notices mailed shall be deemed to be effective on the third day following mailing whether or not it has been received or picked up by the addressee. In the event of a postal strike or interruption, service shall be personal. Either party may give notice in writing of a change of address. 19. This Agreement and everything contained in it is binding upon the parties and shall extend to and bind the respective successors and permitted assigns of the parties. 20. It is hereby understood and agreed between the parties hereto that the terms and conditions set forth herein embrace the whole terms and conditions of the Agreement entered into by the parties and supersede and take the place of any previous agreements or representations of any kind, written or verbal, previously paid by anyone whether an agent or employee of a party or not, in reference to the terms addresses herein or which in any way affect the building or equipment of which the Pedways form part. 21. If any of the terms of this Agreement is declared to be in any way invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect. 5 22, The Laws of the Province of New Brunswick shall govern this Agreement. IN WITNESS WHEREOF the parties have affixed their respective corporate seals, attested by the hands of their respective officers duly authorized in that behalf on the day aforementioned. SIGNED, SEALED & DELIVERED) in the presence of: } } £Wr i T } ) } ) ) FORTIS PROPERTIES CORPORATION P4 THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 2013 SCHEDULE "A" BUDGET COSTS FOR CITY OF SAINT JOHN SKYWALK TO CITY HALL PEDWAY FOR THE PERIOD JANUARY 1, 2013 TO DECEMBER 31, 2013 SERVICES PER ANNUM MONTHLY Cleaning Jan to Dee 2013 $5,460.00 $455.00 based on 1.5 hrs per day 7 days per week Security Office Lobby Desk - 24 hr service Based an $14,72 per hour $32,384.00 $2,698.67 3 hrs per day Winslow Cleaning Exterior two per year @$200 ea 5400.00 $33.33 1nterlDT per month (9$75 ea $900.00 $75.00 Monitoring Sprinker /Fire Protection Systems $1,300,00 $108.33 Sub Total $40,444.00 $3,370.33 15% Administration Fee $6.Q§6.60 $505,55 Sub Total $46,510.60 33,875.$8 HST $6.046,38 $503,8 TOTAL $62,556.98 $4,379,75 Cost breakdown for Security Services, City Market Pedway /Pavilion & City hall Skywalk Pedway to City Hall Security 2nd guard is required till lam due to pedway hours - (without pedway only one guard would be required) as Centre would be locked down at 7 pm Mon, Tues, Wed, Sat 10/pm, Thurs & Fri and locked Sunday) ie additional guards required and reflected in billings to City are; 6 hrs per day x Neon, Tues, Wed & Sat 24 hrsNveek 3 hrs day x Thurs and Fridays 6 hrs /week 19 hrs day Sundays 19 hm/week 49 hrs /week x 52 weeks Assume Sunday shopping December 1 month x 5 hrs /Sunday = 20 hrs 2,546 hrslyr -20 hrs /vr 2,528 Recognizing value of pedway additional hrs to Delta, Brunswick Square and City amount to be cost shared at 50% each City share = 1/2 of 2,528 hrs City Costs 1,264 hrs/yr + 936 hrs for regular patrols shopping centre ( 3 hrs per day) 2,200 hrs yrtotal to City 2,200 hrs x $14.55 = $32,010 per annum or $2,667.50 per month "SCHEDULE B" BUDGET COSTS FOR CITY OF SAINT JOHN SKYWALK TO CITY MARKET PEDWAY FOR THE PERIOD JANUARY 1, 3013 TO DECEMBER 31, 2413 SERVICES PER ANNUM MONTHLY Cleaning Deleted in 2009 and City staff to maintain cleaning Security Office LDbb), desk - 24 hm per day $16,074.24 $1,339.52 Based on $14.72 per hr 3.5 hrs per day 6 days per week Monitoring Sprinker /Fire Protection Systems $1,200.00 $100.00 Window Cleaning Deleted in 2009 and City staff to maintain windows Sub T otal $17,279.24 $1 ,439.52 15% Administration Fee $2,59114 $215,9 3 $19,865.38 $1,655.45 HST $2.5B2.50 $215-21 TOTAL $22,447.87 $1,870.66 COUNTY OF SAINT JOHN PROVINCE OF NEW BRUNSWICK I, , of the City of Saint John, in the County of Saint John and Province of New Brunswick, MAKE OATH AND SAY:- 1. THAT I am of Fortis Properties Corporation, the Corporation named in the foregoing agreement and am duly authorized to make this affidavit. 2. THAT the Corporation does not have a corporate seal. 3 THAT the signature " " subscribed to the said agreement is my signature and as in the Corporation I am duly authorized to execute the said instrument. 4. THAT the said document was executed as aforesaid at the City of Saint John in the Province of New Brunswick on the day of , 2013. SWORN TO before me at the City of Saint John, in the County of Saint John and Province of New Brunswick, this day of , 2013. Commissioner of Oaths Being a Solicitor PROCLAMATION WHEREAS: Prostate cancer is the most common cancer to affect men and an estimated 23,600 Canadian men will be diagnosed with the disease in 2013; and WHEREAS: One in every 7 men will be diagnosed with the disease during his life time. Those with a family history of the disease or those of African or Caribbean descent are at a greater risk of getting prostate cancer. The positive news is that 90% of prostate cancer cases are curable if detected and treated in their earliest stage; and WHEREAS: Prostate Cancer Canada's goals are twofold - to support research to uncover better diagnostic and treatment options and to provide comprehensive support services for those living with prostate cancer. It encourages men to take charge of their health and talk to their doctor about their prostate cancer risk. I encourage men to have an annual checkup and to learn more about the disease at www. pro statecancer. ca NOW THEREPORE: I, Mayor Mel Norton, , l of Saint John do hereby proclaim the month of September, 2013 as Prostate Cancer Awareness Month in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the n. 4- of Saint John. /0 August 20, 2013 His Worship Mayor Norton And Councillors Your Worship and Councillors SUBJECT: Proposed Municipal Plan Amendment — Commerce Drive /Consumer Drive /Mark Drive A Public Presentation was made on July 15, 2013 of a proposed amendment to the Municipal Development Plan which would redesignate, on Schedule A of the Plan, seven parcels of land having a total area of approximately 4.5 hectares, located at 59 -119 Commerce Drive, 1 -15 Consumers Drive and 130 -160 Mark Drive, also identified as PID Numbers 55149777, 55151336, 55151310, 00437772, 00000004, 55200448 and 55200430, from Stable Area to Regional Retail Centre, and redesignate, on Schedule B of the Plan, the same parcels of land, from Stable Residential to Regional Retail Centre. The required advertising has been completed, and attached you will find a copy of the public notice, and any letters of opposition or support received. If Council wishes, it may choose to refer the matter to the Planning Advisory Committee for a report and recommendation and authorize the necessary advertising with a Public Hearing to be held on Monday, September 30, 2013 in the Council Chamber at 6:30 pm, or not to proceed with the proposed amendment process and adopt a resolution to deny the application. Respectfully submitted, Jonathan Taylor Common Clerk Attachment l_! SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I w ww —saint ohn.ca I C.P. 1 971 Saint john, N: B. Canada E2L 4L1 BUI Advertiser Name: Saint John Common Clerk Advertiser Code: S71206 Size: 4.00 x 14.50 in. Sales Rep: Doug Thomson PROPOSED MUNICIPAL PLAN PROJET DE MODIFICATION DU AMENDMENT PLAN MUNICIPAL RE S9 -119 COMMERCE DRIVE, 1 -15 CONSUMERS DRIVE AND OBJET: 59419, PROMENADE 730 -160 MARK DRIVE - COMMERCE, 1 -15, PROMENADE CONSUMERS ET Public Notice is hereby given that the Common Council of The Cty of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate, on Schedule A of the Plan, seven parcels of land having a total area of approximately 4.5 hectares, located at 59 -119 Commerce Drive, 1 -15 Consumers Drive and 130 -760 Mark Drive, also identified as PID Nos. S5149777,55151336, 55151310,40437772, 00000004,552OD448 and 5520D430, from Stable Area to Regional Retail Centre, as illustrated below; 2. Redesignate, on Schedule B of the Plan, the same parcels of land, from Stable Residential to Regional Retail Centre. A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, July 15, 2013 in the Council Chambe„ City Hall. 190 -160, PROMENADE MARK Par les pr65entes, on avis public est donn6 par lequel le conseil communal de The City of Saint John a ('intention d'6tudior la modification du plan d'am6nagement municipal comme suit 1. Modifier to designation, 8 ('annexe A du plan, de sepL parcelim de terrain d'une supedicie totale d'environ 4,5 hectares, situees au 59 -119, promenade Commerce, 1 -15, promenade Consumers at 130 -160, promenade Mark, et portant les NID 55149777, 55151336,55751314, 00437772,00000004, 55200448 et 55200430, afin de les faire passer de secteur stable a centre reglonal de commerce de detail, comme it est lndigo6 cl- dessous. REASON FOR CHANGE: To correct a mapping error on Schedules A and B of the Municipal Plan. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by August 14, 2013. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted - If you require French services for a Common Coundi meeting, please contact the office of the Common Clerk, Jonathan Taylor, Common Clerk 648 -3703 2. Modifier la designatlon, a ('annexe B du plan, des parcelles de terrain prec1t6es, afin de les faire passer de secteur r€sidentiel stable a centre regional de commerce de de`tall. Dne presentatlon pubiique du projet de modification aura lieu Tors de la r6union ordinaire du conseTl communal le lundl 15 Julllet 2013 dons lasalle du conseil, au niveau du hall d'entr6e, 6 I'hotel de ville. RAISON DE LA MODIFICATION Corriger one erreur de cartographie daps des annexes A at B du plan municipal. Veutllez faire part au conseil par ecru de vm objections au projet de modffcation au plus lard le 14 ao0t 2013 5 !'attention du soussign6. Pour toute demande de renseignements, veuiflei communiquer avec le bureau to greffier communal ou le bureau de I'drbanisme at du developpement a I'h6tel de ville au 15, Market Square, Saint John, N.-B., entre 8 In 30 of 16 In 30 du lundi au vendredl, souf les jours f6ries. Si vous avez besoln des services en fraripis pour une r6union de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, greffier communal 648 -3703 Ad Number. A80585 Ad ID: 6532818 Current Date: Jun 21 2013 11:13AM Start Date: 7/2/2013 End Date: 712/2013 Color: B/W Client Approval OK p Corrections r � t' August 19, 2013 Members of Common Council RE: Bandstand Background Thanks to the tremendous generosity of Dr. Richard Currie and Mr. John Irving, the King's Square Bandstand is now restored. For the remainder of August, a concert series will be held on Tuesdays, Thursdays and Saturdays at noon time in King's Square. The revitalization of the bandstand represents a tremendous opportunity to make Saint John and King's Square even greater. In addition, Uptown Saint John has recently arranged for the installation of decorative lighting and bistro tables and chairs; more enhancements are planned. Mnti nn That as part of or in addition to the previous motion brought by Councillor Ray Strowbridge, Council request a report & recormnendations by the end of September, 2013 from Uptown Saint John in collaboration with those departments of the City as determined by the City Manager detailing a plan of maintenance (city) and events (USJ) that will be implemented and executed by not later than the spring of 2014 regarding, but not limited to: 1. Arranging for more frequent, and up to daily, concerts and musical performances in King's Square; 2. the recently installed bistro tables and chairs; 3. installation of improved seating throughout the square; 4. the recently installed and esthetically pleasing lighting; 5. a simple and effective storage and retrieval system for the new bandstand stairs; and 6. the designation of an agency or department to be responsible for the preparation, implementation and execution of the plan of maintenance and action. Yours very truly, Mel K. Norton Mayor City of Saint John SAINT JOHN P.O. Box 1971 Saint john, NB Canada E2L4L1 I www.saintjohn.ca I CT 1971 Saint John, N -B Canada E-140 r!�r. r` CIP! I ANA�Q August 19, 2013 Members of Common Council RE: Pedestrian Street — Pilot Project Background Building a more vibrant and engaging City core benefits all citizens of Saint John. Our unique streetscapes, stores and restaurants are among the best anywhere in Canada. One opportunity to bring greater attention to our Uptown and strengthen our core is to consider adopting a program similar to the one in Bristol, England (details attached) which provides for certain traffic restrictions and encourages cultural events intended to lure people into the city centre. Motion That Council request Uptown Saint John and such other economic development partners and city staff as is deemed appropriate by the City Manager to: 1. establish for a trial period, the duration, commencement and location of which is to be determined by Uptown Saint John, a pedestrian street or streets; 2. that such pilot project start not later than the spring of 2014; and 3. that at the conclusion of the pilot project, and by not later than the fall of 2014, Uptown. Saint John report to Common Council as to the advisability of establishing a permanent pedestrian street or streets and, if advisable, the location and implementation steps for the same. Yours very truly; .0 r Mel K. Norton Mayor City of Saint John SAINT JOHN --�� P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 How to run a city The wrong trousers The only city to elect a mayor last year shows why the plans were flawed, and what n fight" replace there .1u1 20th 2013 E ( BRISTOL j From the pritA edition NO MATTER how Iocal the problem before him, George Ferguson can point to a global solution. "traffic flow," muses Bristol's new mayor. "Yes, they do that well in Stockholm.". Soon he is on to the lessons of Copenhagen and Curitiba. Less than a year into the job, Mr Ferguson's ambition (and red trousers) have made him a symbol of his charismatic city, home to a successfal engineering cluster and the studios responsible for the animated "Wallace and Gromit" films. Last year ten English cities voted on proposals, pushed by the coalition government, to introduce American -style elected mayors. Bristol was the only one to say yes: elsewhere voters were apparently persuaded by the cynical argument that they did not require yet another salaried politician. Mr Ferguson, a former architect, ran as an independent, defeating candidates from the major political parties. As the sole representative of the new breed, he feels great pressure to succeed. So far he is doing well_ Largely thanks to him, the wasteland by Temple Meads, Bristol's central station, should soon hold a music arena. Small businesses praise him for a "Make Sundays Special" scheme of traffic restrictions and cultural spectacles intended to Iure shoppers to the city centre. But Mr Ferguson is frustrated. Bristol is a growing city that spills into the three surrounding counties (see map), each with its own government. The metropolis contains over xm people, More than half of them, and much else besides, are outside the mayor's tightly defined patch. That causes him headaches —and reveals a fundamental problem with the plans for city mayors. l�l SAINT JOHN -------- ,. P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada EK 4L1 Governing Bristol's city centre, with its cultural institutions and infrastructure hubs, without the tax base of the overall con-arbatioin puts a strain on Mr Ferguson's budget. Partly as a result, council tares levied on property, which provide over half of it, have long been higher in the city than in the surrounding districts. At a time of cuts to the grant Bristol receives from .central government —the source of the rest—the squeeze is even tighter. Years of ad hoc planning have left jobs, services and housing disconnected from each other. Most of Bristol's biggest employers, including Cnbbs I: guilt up area , � � � stake BRI TOL ) '7W EA_T-SC,`DeSLT Causeway, a Fast shopping mall; Rolls- Royce, an engineering hill; and the Ministry of Defence, are outside the city. Then,there are areas of housing with few jobs: Mr Ferguson points to Bradley Stoke, a new town on the edge of Bristol. Bus services are fragmented — passengers connecting from city services to suburban ones must endure long waits —and taxis cannot pick people up outside the city: The unsurprising consequence is that at rush hours Bristol has the worst congestion of any large English city. Mr Ferguson makes do: he regularly meets the heads of the surrounding authorities and the new, region -wide local economic partnership. He bids for private- and public- sector investment on behalf of the Bristol metro area. He claims to mare decisions in the interests of the metropolis rather than his fief alone, pointing to a new inward investment office that will belong to all four local authorities jointly. But be has come to the conclusion that his job is simply the wrong shape..Mr Ferguson hopes his successors will run the Bristol urban region as a whole. In this he joins a growing club. Lord' Heseltine; a Conservative grandee who last year produced a report on growth for the. government, strongly praises unified mayoralties for conurbations. London, which has elected mayors since 2000, is a model, Thanks to a large green belt, the boundaries of that city are :more -or -less the same as the boundaries of the conurbation. Labour's shadow infrastructure minister, Lord Adonis, agrees. Politicians elsewhere have reached the same conclusion. As president of France, Nicolas Sarkozy tried—with only some success —to unify the governments of Paris and its suburbs. Oddly, some mayorless British cities are doing this. Mr Ferguson looks enviously at Manchester, where ten local councils have co- operated closely for years. In 2011 they established a combined authority to rule on conurbation -wide issues such as, regeneration, transport and inward investment. That co- operation has helped Manchester build a large tram system. Together with the local enterprise partnership, which covers the same area, it is developing a growth and planning strategy for the years to 2020 —a far cry from the piecemeal negotiations in Bristol. Sir Richard Leese, the long - serving head of Manchester's city council, thinks a metropolitan mayor could be a next step, though he sees such a figure not as a boss but as a high - profile iith member of the combined authority. On June 25th seven councils around Newcastle in the north -east of England announced that they are in discussions to form a combined local authority. Councils around Sheffield and Leeds are moving in the same direction. Each has distinct economic strengths (Sheffield's university, Leeds's fm.ancial services, Newcastle's high -tech manufacturing industries) but lacks the strong, unified leadership with the clout to champion it within its region, in Whitehall and abroad- The coalition government's attempt to decentralise power away from Westminster hit popular apathy, and crumpled. But what has happened since the defeats of 2012 may be better. Soon after the votes, Lord :Adonis predicted a move to stronger, more integrated local government driven from. below, by local politicians and businesses. 'He is being proved right. May 2o12 could come to be seen not as the derailing of city mayoralties but a pause on the way to something bigger. Frorh the print edition: Britain 64)­ SAINT JOHN P.O. Box 1971 Saint john, NB Canada E2L4L1 I wwwsaintjohn.ca I C.P. 1971 Saint]ohn, N. -B. Canada E2L4L1 s4 August 20, 2013 Your Worship Mayor Mel Norton & Fellow members of Common Council Re: One Mile Interchange Background With the completion of the One Mile Interchange scheduled to be completed this fall 1 believe that residents of Saint John should know what it means to them. By this I mean everyone should know what truck routes will be eliminated from our city streets to ease traffic and what it means to the taxpayers as to what pressure will be taken off the city's infrastructure by eliminating some of these truck routes. Motion: I move that the traffic department prepare a brief presentation to Council within the next month of the truck routes that will be eliminated and the benefits thereof. Respectfully, Bill Farren, Councillor The City of Saint John Sent by email SAINT JOHN P.O. Box 1971 Saint john, NB Canasta E2L 4L1 I www.saintjohn.ca j� C.P. 1971 Saint john, N. -B. Canada E2L4L1 ------ -- I REPORT TO COMMON COUNCIL M &C2013 -188 August 20, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: i The City= of saint John SUBJECT: Transportation and Environment Services — Automated Brine Producing Systems BACKGROUND The Snow and Ice Control Sub Service of the Roadway Maintenance Service currently uses rock salt, a salt /sand mixture and abrasive sand as a means of de -icing once a storm begins to melt snow and ice that forms on the road. Anti -icing technology utilizing salt brine will allow pre- wetting the rock salt to activate it prior to being applied to the roadway. The next step is to procure and use application equipment to apply liquid brine to certain roadways prior to the storm not allowing snow to accumulate for a longer period of time compared to the current methods. Liquid brine has been proven to prevent snow and ice accumulation, achieve bare roads faster, keep salt/sand on the road reducing bounce and scatter and reduce overall rock salt costs by 20% to 30 %. Salt brine can also be applied at lower temperatures than rock salt resulting in better road conditions and less sand to remove from roads in the spring. The City has 2 depots, one on McAllister Drive (East) and one on Bay Street (West) where snow plows are deployed from. It is ideal to have systems in automated brine producing systems in both locations to increase efficiency and effectiveness of anti -icing operations. INPUT FROM OTHER SOURCES — MATERIALS MANAGEMENT: Materials Management facilitated the RFP process to solicit proposals for the Automated Brine Producing System(s). As such a Request for Proposal (RFP) closed on August 8, 2013 with responses from the following firms: v Saunders Equipment Ltd. — Fredericton, NB Y Applied Pressure Inc. - Saint John, NB � Del Equipment - Moncton, NB A review committee, consisting of staff from Materials Management and Transportation and Environment Services was formed to evaluate submissions. Automated Brine Producing System(s) Report to Common Council, M & C 2013 - 188 INPUT FROM OTHER SOURCES CONT'D... August 20, 2013 Page 2 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 Is the proposal presented in an organized and professional manner? Is it in the format required and does it address all of the items and concerns expressed? 2. Technical Performance and Specifications Does the equipment bid comply with minimum specifications? If not, are the deviations from specifications within acceptable limits and/or do they enhance the serviceability of the equipment? 3. Delivery Although no performance surety has been requested, respondents are required to quote a firm, delivery date. Has the respondent offered a delivery date that is realistic and attainable delivery and installation timeline? 4. Service Response Time Has the vendor detailed their service response time as it pertains to the system(s) proposed and is that response time acceptable to the City of Saint John? 5. Warranty Does the warranty information provided satisfy the City of Saint John's requirements? 6. Price Price is a factor, however neither the only factor nor the determining factor, in the evaluation of bids. In accordance with the City's policies and procedures, separate assessments of the technical and financial aspects of the submissions were undertaken by the review committee members. At the conclusion of the technical and financial evaluations, the committee unanimously recommended the proposal submitted by Saunders Equipment Ltd, Saunder's Equipment Ltd.'s proposal scored the highest overall offering the best overall solution for the City. While their bid not only scored the highest technically, their financial proposal represents the lowest cost solution for two complete system(s) to the City of Saint John. The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. Automated Brine Producing System(s) August 20, 2013 Report to Common Council, M & C 2013 - 188 Page 3 FINANCIAL IMPLICATIONS If awarded as recommended, the cost to supply and install two (2) Automate Brine Producing Systems will be $153,826.00 plus HST. This is a planned expenditure for which funds are included in the 2013 Transportation and Environment Operating Budget as previously approved at Common Council. RECOMMENDATION It is recommended that Common Council award the proposal for the supply of two (2) Automated Brine Producing Systems to Saunders Equipment Ltd. at a price of $153,826.00 plus HST. Respectfully submitted, r R. Kevin Rice B. Sc., CET Deputy Commissioner Transportation and Environment Services �Vzlv-� Wm. Edwards, P. Eng. Commissioner Transportation and Environment Services J. Patrick Woods, CGA City Manager n r REPORT TO COMMON COUNCIL M &C 2013 -182 August 26, 2013 His Worship Mel Norton And Members of Common Council Your Worship and Councillors: ssBTeCx Loch Lomond Community Centre — Demolition of Existing Building and Proposed Go Forward Plan I�[+LS�3t1�J►1 �� 74r, 0011 The City of SWw )ohn The Loch Lomond Community Centre (LLCC), located at 21 St. Martins Road, is approximately 68 years old. Although the building appears to be in relatively fair condition on the surface given its age, it has recently become apparent that the concealed supporting structure is significantly compromised. As such, on June 13th, 2013, City staff ordered that the building be closed until further notice. Programming has been cancelled or temporarily relocated to other facilities since this time. City staff has held meetings with various stakeholders, including the Loch Lomond Community Centre Association, members of Common Council, and the Saint John — Fundy MLA (Electoral District 31) in order to evaluate potential short and long term options to move forward. This report provides an overview of the current situation (including events leading up to the present time), presents a summary of potential options reviewed, and provides the following two (2) recommendations: 1) Common Council approve the development and letting of a tender for the demolition of the existing LLCC building; and 2) Common Council direct staff to explore the feasibility of replacing the existing Loch Lomond Community Centre with a new community facility outside the designated watershed; and bring back to Common Council a report for consideration during the 2014 budget deliberation process. Current Operation Although currently out - dated, the City of Saint John has had an agreement with the Loch Lomond Community Centre Association (herein referred to as LLCCA) for the programming and day -to -day operation of the Loch Lomond Community Centre (LLCC), including routine maintenance and upkeep of the building itself. Aside from funding/implementing major capital requirements and peripheral involvement with the LLCCA on programming related matters, the City of Saint John has played a relatively inactive role in the facility. In general terms, the arrangement with the LLCCA is that they schedule all the regular programs and ad hoc requests for use of the facility, charge and collect a reasonable fee directly from patrons and facility users, and use this revenue to offset facility costs, including heat, lights, water, insurance, and routine building maintenance. Given its location at the periphery of the City limits, the LLCC is used by the citizens of Saint John as well as the populations of outlying areas. Programs include Danceability, Zumba, bingo, Sunday morning church service, and Family Resource Centre parents and tots play group. The LLCC is also rented out for birthday parties, baby and wedding showers, etc. Report to Common Council Page 2 of 6 Loch Lomond Community Centre - Demolition of Existing Building and Proposed Go Forward Plan Existing Condition of Building The Loch Lomond Community Centre is approximately 68 years old. The building is a wood framed structure founded on concrete posts, and does not have a basement. It is clad with painted wood shingles and has an asphalt shingle roof. During a routine meeting at the building in May 2413, City staff identified some cracking on the interior of the building finishes that were indicative of settlement /deflection of the building structure. Upon reviewing the building exterior, it appeared as if the roofline along the east side of the building was sagging. Following these observations, further investigation was completed by removing the wood "skirting" and shingles at various points around the building perimeter to reveal the underlying crawlspace and building structure. It became apparent that water had caused damage to the supporting wood structure over a period of time, resulting in significant rot and deterioration of the main supporting beam and joist ends. Figure 1 below illustrates the representative condition of the wood structure concealed by the exterior wood shingles. The loads for the entire building are distributed across the beam shown in the photo. FIGURE 1: DETERIORATION OF PERIMETER WOOD BEAM (REPRESENTATIVE CONDITIO I i Professional Third Party Structural Review In June 2013, Estabrooks Engineering Inc., a local structural engineering firm, was commissioned by the City of Saint John to complete a Structural Condition Assessment of the Loch Lomond Community Centre to confirm the extent of the damage to the building structure, provide insight into the severity /implications of the deterioration, and provide an opinion of probable cost of possible repair strategies. Attached as Appendix A are an interim letter report dated June 13, 2013, as well as the follow up Structural Condition Assessment report dated June 24, 2013, providing further details, analysis, and conclusions. Report to Common Council Page 3 of 6 Loch Lomond Community Centre — Demolition of Existing Building and Proposed Go Forward Plan The letter report and follow up detailed report recommended that the building not be occupied until temporary o% permanent repairs were implemented. Furthermore, the report provided three (3) options to address the structural deterioration (refer to Table A). TABLE A: THREE f31 OPTIONS TO ADDRESS Replace deteriorated wood beam and joist floor framing components maintaining the existing Option 1 foundation system. localized repairs to address the additional roof, structure, and building envelope issues included Replace the existing concrete foundation posts Option 2 with a new continuous cast in place concrete footing and wall system to support the building Demolish and replace the existing building with a Option 3 new wood - framed structure of equivalent size and characteristics Costs rounded off to nearest $100 nFTFR1nRATl0!U This is the minimum scope of work to address $137,500 known structural concerns This will provide improved support and moisture resistance and will allow crawlspace to be $202,900 ventilated and insulated This option provides a comparative cost to $392,400 replace the building As suggested by Estabrooks Engineering Inc. in the report, there is a significant potential for additional hidden structural or other defects in the existing building which may result in increased costs to those presented in Table A above. In addition to this, there would be costs associated with permitting, since the building is located within Zone "C" of the Loch Lomond Watershed (see below for further information). Existing Building Considerations Programming aside, when evaluating potential options for the Loch Lomond Community Centre building, City staff considered four (4) main factors, namely: existing condition of the building; cost of repair /replacement; Plan SJ; and the building's location within a designated watershed. Our analysis of each of these factors is provided below. 1) Existing condition of the building Given the structural deterioration of the main floor beams and joists as a result of water infiltration it would not be unreasonable to assume that other concealed portions of the building structure are in comparable, deteriorated state. This includes the roof structure, and especially load bearing exterior (wood framed) walls. In addition to the structural damage, the exterior painted wood shingles, asphalt shingled roof, and painted wood soffits and fascia boards are in poor condition, having been subject to years of exposure to weather, and only minimal maintenance (e.g. painting, roof over - shingling). At the conservative end, the expected useful life (EUL) of a building such as the Loch Lomond Community Centre is typically in the 50-60 year range. As previously mentioned, the building is current 68 years old. 2) Cost of repair /replacement The City of Saint John has over $130M in building assets, excluding water and wastewater treatment facility buildings and various Agency, Board, and Commission (ABC) buildings. Today, we are faced with approximately $45M in accumulated deferred maintenance. In other words, our capital deficit for these buildings is approximately 35% of their replacement value. With the average age of these same building assets being 30 years, and funding levels for capital being what they are, the deficit will continue to increase as we try to maintain buildings that have already surpassed their expected useful life. Although the cost of repair of the Report to Common Council Page 4 of b Loch Lomond Community Centre - Demolition of Existing Building and Proposed Go Forward Plan Loch Lomond Community Centre seems relatively small on the surface (i.e. compared to the City's overall capital budget), the cost would represent over 30% (at a minimum) of the entire capital budget allocated to Facility Management for the 2013 fiscal year. This is for a building that has surpassed its EUL. 3) Plan Si In general terms, the principles outlined by Plan SJ favours the City of Saint John directing program and infrastructure support to the City's core; however, supporting rural development such as a new community centre may be realized through the community development and engagement process (refer to Figure 2 for the location of LLCC relative to the City limits). There is opportunity to engage the Loch Lomond community in the redevelopment of a new community centre whereby the community would assume the responsibility of possible ownership, management, and operation of a new recreational facility. The City's role would be that of a facilitator by taking an arm's length approach and provide consultation, collaboration, funding, and /or other similar type of support as needed. This is consistent with the current model followed with other external community centres outside the main core of the City (i.e. Latimore Lake Community Centre, KBM, Martinon, and Lorneville). 4) Location within designated watershed In accordance with New Brunswick Regulation 2001 -83 Watershed Protected Area Designation Order, under the Clean Water Act (O.C. 2001 -488), the Loch Lomond Community Centre is located within Zone "C" of the designated Loch Lomond Watershed (refer to Figure 3). In order to perform any activities related to construction and /or renovation, a permitting application process would have to be undertaken through the New Brunswick Department of Environment (NBDOE), which would likely result in a set of conditions with which work would have to take place. The conditions would add additional cost to the overall project. Although construction within a designated watershed can certainly be done in a safe and environmentally responsible Report to Common Council Page 5 of 6 Loch Lomond Community Centre - Demolition of Existing Building and Proposed Go Forward Plan manner, there may be other, more suitable locations that are not located within the designated watershed. If only as a matter of principle, it may be more appropriate to avoid development within the designated watershed if at all possible, especially since this watershed is one of the primary sources of safe, clean drinking water for the City of Saint John. Given the results of the professional third party structural review, as well as the four (4) major considerations described above, demolition of the existing building is recommended. If Common Council approves this recommendation, staff of the Facility Management Division will develop a tender package for this work in consultation with the New Brunswick Department of Environment (NBDOE), since permitting and environmental controls will be required for the demolition of the building. A very preliminary estimate of costs associated with the building's demolition is in the $25,000 to $35,000 range, but will be dependent on permitting requirements mandated by the NBDOE. Approximately $22,000 is available in the 2013 capital budget (carry forward amount from 2012) for work at the Loch Lomond Community Centre that would no longer be required if the building is demolished. The balance of the demolition cost would have to be covered by existing operating or capital budgets. Upon close of tenders, staff will return to Common Council with a recommendation for award, as well as a recommendation of how the balance of the project should be funded. Relocation of Programs - Short Terra The Recreation and Neighbourhood Support service staff continues to meet with the various community stakeholders and users groups of the Loch Lomond Community Centre for the purpose of relocating and utilizing other facilities in the area. Limited short term accommodation has been identified at the Simond's Fire Station on Range Road, the HOPE Centre, and Forest Glen Community Centre. Further accommodation needs to be explored with the Loch Lomond School. Report to Common Council Page 6 of 6 Loch Lomond Community Centre - Demolition of Existing Building and Proposed Go Forward Plan FYrture Service Direction - Long Term Through various meetings with stakeholders, government representatives, and user groups it is apparent that this community strongly feels a new community centre is needed to replace the loss of the Loch Lomond Community Centre. Not all current users of the LLCC can be relocated with ease, especially recreational activities such as fitness, dance, and Zumba, which are high impact in nature. As stated in the analysis section of Plan SJ, a long term solution to build a new community centre is plausible through the community development model process. There are a number of options and factors that must be taken into consideration to determine the feasibility of a new community centre: 1) Capital and operational investment from various stakeholders including the City of Saint John, Local Service Districts, Provincial and Federal Governments, and Community Stakeholders; 2) A business case that supports the capital investment, operations, and life cycle sustainabiiity of a new facility; and 3) Availability of suitable land outside the designated watershed. Upon direction from Common Council, staff will explore the feasibility of replacing this facility through the community development process and report back to Council during the 2014 budget process. INPUT FROM UR ES During the development of this report, input was received from various City departments including Real Estate, Recreation and Neighbourhood Support, Saint John Water, and Finance. Input was also solicited from the Loch Lomond Community Centre Association, the Saint John - Fundy MLA (Electoral District 31), and members of Common Council. Your City Manager recommends that Common Council: 1) Approve the development and letting of a tender for the demolition of the existing Loch Lomond Community Centre building, located at 21 St. Martins Road; and 2) Direct staff to explore the feasibility of replacing the existing Loch Lomond Community Centre with a new community facility outside the designated watershed; and bring back to Common Council a report for consideration during the 2014 budget deliberation process. 4Respec ly su itt ed, mblin, .E, P. ng. Manager, Facilit anage ent ry J. ans, A, MBA Lssio r, Fin4tfce and Administrative Services rick W s, CGA Manager 1 Estabrooks Engineering Inc. i STRUCTURAL CONSULTANTS June 13, 2013 Mr. Robert Zwicker City of Saint John, Facilities Management 10' Floor, City Hall 15 Market Square Saint John, NB E2L 4L1 Dear Mr. Zwicker: RE: LOCH LOMOND COMMUNITY CENTRE BEN LOMOND CORNER, SAINT JOHN, NB With reference to our preliminary structural investigation, conducted at the above noted site today, this is to provide an interim recommendation regarding continued use and occupancy of the building. The building is a single storey, wood -framed structure, with plan dimensions of approximately 88 feet x 26 feet. The age of the building is unknown but is thought to be in excess of 70 years, based on observation of the type of construction. There is a shallow crawlspace below the building which is inaccessible at most locations. There is no basement. The building is supported on a series of concrete post foundations which extend around the perimeter and along at least one interior line of support below the floor approximately at the centre of the building. The concrete post foundations are spaced approximately 8 to 10 feet apart at the exterior walls. A timber perimeter beam spans between the concrete foundations, supporting the timber floor joists and the exterior load- bearing walls. At several locations, the exterior sheathing was removed for inspection purposes. I observed that severe deterioration of the timber perimeter beam due to moisture is evident, and extends over a significant length of the exterior walls. At these locations, the ends of the floor joists are essentially unsupported. Based on the observed condition of the floor structure, we would recommend, effective immediately, that the building not be occupied until suitable temporary or permanent repairs can be implemented to ensure that the floor system is capable of supporting expected live loads with an adequate factor of safety. /2 Tel: (506) 674 -1810 69 King Street Fax: (506) 674 -1812 Saint John, New Brunswick dan @estabrooks.com Canada EM 1G5 www,estabrooks.com Page 2 As discussed, we will follow up with a complete report of our findings including a discussion of repair options and estimated costs. Yours sincerely, ESTABROOKS ENGINEERING INC. Daniel A. Estabrooks, P.Eng. Structural Condition Assessment Loch Lomond Community Centre Saint John, N.B. June 24, 2013 Consultant: Estabrooks Engineering Inc. -� STRUCTURAL CONSULTANTS 69 King Street Saint John, N. B. E2L 1 G5 Tel: (506) 674 -1810 Fax: (506) 674 -1812 e -mail: don(@estabrooks.com TABLE OF CONTENTS 1.0 INTRODUCTION ... , ..... , , , .. ...... , ..... , 1 2.0 BACKGROUND . _ ... ......... . . ... . ... , . a .. , ..... 1 3.0 OBSERVATIONS .. _ .. _ .... ..... . .. . ............... 2 4.0 CONCLUSIONS & RECOMMENDATIONS . _ _ _ .... _ . _ _ 3 5.0 APPENDICES 5.1 Appendix A- Drawing 5.2 Appendix B- Photographs 5.3 Appendix C- Cost Estimates June 24, 2013 1.0 INTRODUCTION This report describes a Structural Condition Assessment at the Loch Lomond Community Centre, Ben Lomond Corner, Saint John, New Brunswick. The assessment was performed by Estabrooks Engineering Inc., Structural Consultants. The site investigation was conducted on June 13, 2013. The purpose of the assessment was to determine the condition of the floor structure and other components, where visible, and to provide repair options and budget construction costs for repairs. Our assessment is based on a visual inspection only. Many components of the existing structure were concealed behind finish or other materials or were otherwise not visible at the time of our inspection. We have not performed any structural analysis to determine the capacity of any existing components to resist applied loads. No building drawings were available for our reference and all information concerning the building was obtained at the site. All dimensions are approximate. 2.0 BACKGROUND The building is a single storey, wood -framed structure, with plan dimensions of approximately 88 feet x 26 feet. The age of the building is unknown but is believed to be in excess of 70 years, based on observation of the type of construction. It appears that there have been two building extensions added at either end of the original building at some point during the building's history. The main roof slopes at a steep pitch of approximately 1:1. The roof structure consists of timber rafters spaced at approximately 20 inches c /c, with intermediate, partially sheathed vertical diaphragms at every 5' set of rafters. The ceiling framing is hung from the partially sheathed diaphragms with nailed 2x4 hangers. There is a dormer over the front entrance with a small window into the attic space. The ceiling in the main building area is a suspended T -Bar system with acoustic tiles. There is no bracing, sheathing or gypsum board at the ceiling level to provide a rigid horizontal diaphragm. There are three doors into the building. The front entrance has a wood landing and is accessed from a wheelchair ramp only. The rear and side entrances have small stair landings for access. There is a shallow crawlspace below the building which is only partially accessible. There is no basement. The building is supported on a series of concrete post foundations which extend around the perimeter and along at least one interior line of support below the floor, approxi- Structural Condition Assessment a Loch Lomond Community Centre • June 24, 2013 -2- mately at the centre of the building. The concrete post foundations are spaced approximately 8 to 10 feet apart at the exterior walls. A timber perimeter beam spans between the concrete foundations, supporting the timber floor joists and the exterior load - bearing walls. There is a removable panel for access to the crawlspace at the west end of the building. 3.0 OBSERVATIONS As noted, there is only one small removable panel to access the crawlspace. For inspection purposes, therefore, the exterior skirt sheathing was removed at several locations around the perimeter. I observed that severe deterioration of the timber perimeter beam is evident, and the deterioration extends over a significant length of the exterior walls. At these locations, the ends of the floor joists are essentially unsupported. Level measurements at the floor inside the building indicate that the floor is sloping significantly toward the northeast corner, where the deterioration of the supporting wood beams is most severe. At the west end of the building, it was noted that, in the crawlspace, blown -in loose -fill cellulose insulation has been placed. At some locations the insulation completely fills the crawlspace from the ground surface to the underside of the floor. In other areas, the insulation has settled, leaving the floor structure free of insulation and allowing direct heat loss into the unheated crawlspace. I observed evidence of animal(s) inhabiting the crawlspace. In the centre and east portions of the building, the floor has been insulated with fiberglass batts, with a layer of polyethylene below the insulation, fastened to the underside of the floor joists. In many areas, the attachment has failed and the insulation has fallen down on the ground surface, leaving the floor uninsulated. In those areas where the polyethylene remains intact, there may be entrapped moisture caused by condensation on the polyethylene, since the membrane is on the wrong side of the insulation. Accumulation of moisture in the insulation could result in deterio- ration of the wood joist floor framing. Also, in the crawlspace, although the sheathing does not appear to be airtight there are no exterior vents to provide natural ventilation of the crawlspace as required by Code. There is no ground cover over the soil to prevent soil moisture and soil gasses entering the crawlspace. I noted that the roofing has numerous areas of missing shingles and deformations which indicate possible significant problems with the roofing. Based on a cursory inspection, the roofing appears to be near the end of its effective lifespan. Structural Condition Assessment • Loch Lomond Community Centre m June 24, 2013 -3- The front and rear exterior walls which support the roof structure are misaligned and visibly out of plumb, particularly near the centre of the building. The framing detail at the top of the wall was not visible for inspection. It is possible that the connection of the rafters to the ceiling joists may not be providing adequate support to the walls. The lack of a rigid ceiling diaphragm may also be contributing to the misalignment of the walls. At the roof eaves, the wood fascia and soffit board framing was observed to be very deteriorated as a result of long term exposure to moisture. Except for a short section near the west end, there are no gutters and downspouts to direct rain water away from the building. This is contributing to the degree of damage and deterioration of exposed wood building components. The framing which supports the ceiling system does not appear to be adequately connected to the roof structure. The railings at the rear exit landing and stair are not adequate. 4.0 CONCLUSIONS & RECOMMENDATIONS As indicated in our letter of June 13, 2013, because of the deterioration of the perimeter wood beams which support the floor joists, in our opinion, the floor system is not currently adequate to resist the design live loads stipulated in the National Building Code. We have, therefore, recommended that the building not be occupied until temporary or permanent repairs can be implemented to restore the integrity of the floor structure. We have also observed that the load - bearing exterior walls are not vertical within acceptable tolerances and are misaligned. This, in itself, can affect the structural capacity of the walls to resist gravity loads such as snow loading. It may also be indicative of additional problems in the roof structure. The walls and roof structure should be restored to proper alignment and verticality and all existing framing connections of the roof structure examined and repaired as necessary to ensure the integrity of the roof structure. We have developed three options to address the most significant observed problems with the building structure and we have developed budget cost estimates for the three options. The three options we have developed for consideration are as follows: Option 1 - Replace deteriorated wood beam and joist floor framing components maintaining the existing foundation system. We have included repairs to address the additional roof, structure and building envelope issues itemized under Observations above. Structural Condition Assessment a Loch Lomond Community Centre • June 24, 2013 _y. Option 2 - Replace the existing concrete foundation posts with a new continuous cast in place concrete footing and wall system to support the building. This will provide improved support and moisture resistance and will allow the building to be raised somewhat to allow better insulation and ventilation of the crawlspace. Option 3 - Demolish and replace the existing building with a new wood -framed structure of equivalent size. This option provides a comparative cost to replace the building. There would be significant operational benefits, in particular, opportunities for improved energy efficiency. While the new building option has a higher initial cost, the following additional factors should be considered in evaluating the options: • Increased flexibility in the design of the space to suit current usage requirements. As mentioned, potential for reduced energy costs. • Reduced ongoing maintenance costs. • There is a significant potential for additional hidden structural or other defects in the existing building which may result in increased repair costs. We trust the above is satisfactory to meet your current requirements. Please contact the under- signed, at your convenience, should you require any additional information or should you wish to discuss the contents of this report in more detail. Yours sincerely, Estabrooks Engineering Inc. �aao ess� f F ' M M337& '9 1 Daniel A. Estabrooks P.Eng� APPENDIX A- DRAWING � | . |�. s ■ z q � 7 0 §, � A � ,■ - \ |E§ q ; | Fil 2 7 2 § 2 S� m �2 kB �Q 2b o �7n, 0 = § 2 2 � ■. z . � | . |�. s ■ q � 1 §, � A � ,■ - \ |E§ q ; | Fil 2 / i NO 2 § 2 S� m �2 kB �Q 2b o �7n, = § 2 2 U 2 7 W . 9 \§- B § 22 K 0 ■ | APPENDIX B- PHOTOGRAPHS Photograph 1- South elevation Photograph 2 - West extension Photograph 3- East elevation Photograph 4 - South elevation Ilhotograpfi 4; - S ou i [i cle v a d cin Photograph 6 - Deteriorated wood perimeter beam Photograph 7 - Perimeter beam rotted away - joists unsupported Photograph 8 - Perimeter beam near front entry Photograph 9 - Crawlspace access panel removed Photograph 10 - Blown in insulation settled - animal habitation Photograph 11- Deteriorated eave detail Photograph 12 - Fascia and soffit detail Photograph 13- h+iiigament at rear wall Photograph 14 - Attic framing Photograph 15- Attic ceiling hangers Photograph 16 - Dormer window LOCH LOMOND COMMUNITY CENTRE .June 24, 2013 SAINT JOHN, N.B. CONSTRUCTION COST SUMMARY OPTION 1 - REPAIR STRUCTURE, EXISTING FOUNDATION Descri flan Quantity. Unit: I Unit Rate: Amount: I Subtotal. A REPAIRS Al STRUCTURE Z11 Overhead & Profit Z12 Fee 8.5 °6 2.5 % 57,$25.00 A11 Repair Perimeter Beams and Joists Al2 Wall Repairs A13 Roof Structure A14 Ceiling Diaphragm Bracing 110.00 1.00 1.00 2,050.00 LF LS LS SF 250.00 15,000.00 10,000.00 2.50 27,500.00 15,000.00 10,000.00 5,125.00 A2 BUILDING ENVELOPE 11,000.03 30,765.00 A21 Replace Roofing A22 Insulate Under Building 3,048.00 2,070.00 SF SF 5.00 7.50 15,240.00 15,525.00 A3 MISCELLANEOUS REPAIRS 10,520.00 A31 Reconstruct Soffit and Fascia A32 New Gutters and Downspouts A33 Stair Railings 228.00 268.00 1.00 LF LF LS 30.00 10.00 1,000.00 6,840.00 2,680.00 1,000.00 NET COST ESTIMATE 98.910.00 Z GENERAL REQUIREMENTS & FEE Z1 - General Requirements & Allowances 11 090.28 Z11 Overhead & Profit Z12 Fee 8.5 °6 2.5 % 8,407.35 2,682.93 Z2 -Allowances 27,500.07 Z21 Design & Pricing Allowance Z22 Escalation Allowance 723 Construction Allowance 15.0% 0.0 10.0% 16,500.04 0.00 11,000.03 Total Construction Estimate HST not included 137,500.35 HST 17,875.05 Total Construction Estimate HST included 155,375.40 LOCH LOMOND COMMUNITY CENTRE Juno 24, 2013 SAINT JOHN, N.B. CONSTRUCTION COST SUMMARY OPTION 2 - REPAIR STRUCTURE, NEW FOUNDATION Description I Quand : I unit: I Unit Rate: I Amount: I Subtotal: A REPAIRS Al STRUCTURE Z11 Overhead & Profit Z12 Fee 8.5 % 2.6% 109,125.00 All New concrete perimeter foundation wall & footing Al2 Repair Perimeter Beams and Joists A13 Wall Repairs A14 Roof Structure A15 Ceiling Diaphragm Bracing 228.00 110.00 1.00 1.00 2,050.00 LF LF LS LS SF 250.00 200.00 15,000.00 10,000.00 2.50 57,000.00 22,000.00 15,000.00 10,000.00 5,125.00 A2 BUILDING ENVELOPE 24,346.29 0.00 16,230.86 30,7$5.00 A21 Replace Roofing A22 Insulate Under Building 3,048.00 2,070.00 SF SF 5.00 7.50 15,240.00 15,525.00 A3 MISCELLANEOUS REPAIRS 10,520.00 A31 Reconstruct Soffit and Fascia A32 New Gutters and Downspouts A33 Stair Railings 228.00 268.00 1.00 LF LF LS 30.00 10.00 1,000.00 61840.00 2,680.00 1,000.00 NET COST ESTIMATE 950 ein nn Z GENERAL REQUIREMENTS & FEE Zi - General Requirements & Allowances 11,898.80 Z11 Overhead & Profit Z12 Fee 8.5 % 2.6% 7,939.85 3,958.75 Z2 - Allowances 40,577.15 Z21 Design & Pricing Allowance Z22 Escalation Allowance Z23 Construction Allowance 15.0% 0.0 10.0% 24,346.29 0.00 16,230.86 Total Construcdon Estimate HST not Included 202,885.75 HST 28,375.15 Total Construction Estimate HST included 229,260.89 LOCH LOMOND COMMUNITY CENTRE June 24, 2013 SAINT JOHN, N.B. CONSTRUCTION COST SUMMARY OPTION 3 - DEMOLISH & RECONSTRUCT Down Lion Quanta Unit. Unit Rate: I Amount: Subtotal: A DEMOLITION AND RECONSTRUCTION Al DEMOLITION 8.5% 2.5% 15,000.00 All Demolish existing building and foundations 1.00 LS 15,000.00 15,000.00 A2 RECONSTRUCTION 47,084.57 0.00 266,425.00 A21 Construct new foundation (crawlspace) A22 New similar wood frarned building 195.00 2,050.00 LF SF 115.00 120.00 22,425.00 246,000.00 W CT TACT GCTIU ATF L83.420.60 Z GENERAL REQUIREMENTS & FEE Z7 - General Requirements & Allowances 30,472.15 Z11 Overhead 8 Profit Z12 Fee 8.5% 2.5% 22,816.13 7,656.03 Z2 -Allowances 78,474.29 Z21 Design & Pricing Allowance Z22 Escalation Allowance Z23 Construction Allowance 15.0% 0.0 10.0% 47,084.57 0.00 31,389.72 Total Construction Estimate HST not included 392,371.44 HST 51,008.29 Total Construction Estimate MST included 443,379.73 f 2 °3 REPORT TO COMMON COUNCIL August 20, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council:. Re: Proposed Saint John Skateboard By -Law C1 The Cite of Saint John Common Council at its most recent open session meeting held on August 12, 2013 gave first and second reading to the Saint John Skateboard By -Law. In order to make it perfectly clear that the by -Iaw would not operate to prohibit the use of bicycles or tricycles on our streets, an amendment to the definition of "Recreational Equipment' is recommended as follows: Section 2 "Recreational Equipment" means any skates, rollerskates, rollerblades, non - motorized scooters, push carts, soap box vehicles or other similar items but does not include bicycles or tricycles; Additionally, there have been changes in syntax to Section 3(c) and Section 5(5). For ease of reference those changes are underlined in the attached text of the proposed by -law. A "clean" copy of the text is also attached for purposes of enactment. It is in order for Common Council if it wishes, to give third reading to the amended text. Respectfully submitted, . r1 L", �1 � atrick Woods, CGA y Manager Jo . L. 4uger t City Solicitor ..1.: jj. THE CITY OF SAINT JOHN NEW BRUNSWICK A By -law respecting the Use of Skateboards and Other Recreational Equipments within The City of Saint John By -law Number M -27 An uncertified copy of this by -law is available online Arrete relatif a l'utilisation des planches a roulettes et autres equipements de loisirs dans The City of Saint John Arrete numero M -27 Une copie non certifiee de 1'arrete est disponible en ligne -2- TABLE OF CONTENTS TABLE DES MATIERES Section Description Page Article Designation Page Recitals 2 Preambule 2 1 Title 3 1 Titre 3 2 Definitions 3 2 Definitions 3 3 Interpretation 5 3 Interpretation 5 4 Prohibited Areas 6 4 Zones interdites 6 5 Permitted Areas 6 5 Zones permises 6 6 Josh's Law 7 6 Loi de Josh 7 7 Offences 7 7 Infractions 7 8 Repeal 8 8 Abrogation 8 Schedule A 9 Annexe A 9 RECITALS WHEREAS Common Council deems it advisable to pass this by -law because it establishes standards to regulate and control the use and operation of skateboards and other recreational equipments on streets, sidewalks and parks within the City of Saint John; AND WHEREAS Common Council deems it necessary to prohibit and regulate the use and operation of skateboards and other recreational equipments for promoting the safety PREAMBULE Attendu que : le CONSEIL COMMUNAL juge opportun de prendre le present arrete car it etablit des normes pour reglementer et eontroler l'utilisation et l'operation de planches a roulettes et autres equipements de loisirs darts les rues, les trottoirs et les pares de la MUNICIPALITE ; le CONSEIL COMMUNAL juge opportun d'interdire et de reglementer l'utilisation et l'operation de planches a roulettes et autres equipements de loisirs pour promouvoir la seeurite et le bien -titre des habitants de la and welfare of the inhabitants within the City of Saint John; AND WHEREAS subject to the Motor Vehicle Act, paragraph 7(3)(c) of the Municipalities Act authorizes municipalities to make by -laws with respect to such powers and services carried or provided under the Municipalities Act; BIB MUNICIPALITE ; sous reserve des dispositions de la Loi sur les vehicules a moteur, 1'alinea 7(3)c) de la Loi sur les municipalites autorise les municipalites a prendre des arretes concernant les pouvoirs ou services conferes ou fournis qui sont prevus par la Loi sur les municipalites ; NOW THEREFORE, the Common Council of A CES CAUSES, le CONSEIL COMMUNAL de The City of Saint John, enacts as follows: The City of Saint John edicte : Title 1. This by -law may be cited as the Saint John Skateboard By -lativ (hereinafter the "By- law "). Definitions 2 Whenever a word is used in this By -law with its first letter capitalized, the term is being used as it is defined in this Section 2. Where any word appears in ordinary case, its regularly applied meaning in the English language is intended. "City" means The City of Saint John (Municipalite); "Common Council" means the elected municipal council of the City (Conseil communal); "Designated Area" means an area listed in Schedule A (Zone designee); Titre 1. Le present arrete peut titre cite sous le titre Arrete relatif aux planches a roulettes de Saint John (ci -apres << 1'ARRETE >>). Definitions 2. Dans le present ARRLTL, les termes en petites majuscules sont employes au sens defini au present article, les autres mots ayant leur sens ordinaire en fran�ais. << CONSEIL COMMUNAL >> designe les membres elus du conseil municipal de la MUNICIPALITL (Common Council); << DIVISION DES PARCS ET ESPACES PUBLICS >> designe la division des pares et espaces publics de la MUNICIPALITE ou un division avec autorite et responsabilites similaires (Parks and Public Spaces Division); << I QUIPEMENT DE LOISIRS » designe des patins, patins A roulettes, patins A roues -4- "Parks and Public Spaces Division" means the division of parks and public spaces of the City or a related division with similar authority and responsibilities (Division des pares et espaces publics); "Recreational Equipment" means any skates, rollerskates, rollerblades, non - motorized scooter, push cart, soap box vehicle or other similar items, but for certainty, excludes a bicycle or tricycle (Equipement de loisirs); "Sidewalk" has the meaning ascribed thereto in the Motor Vehicle Act, and also includes Harbour Passage (Trottoir); "Skateboard" means a board constructed of any material which has affixed thereto rollers or -wheels designated to be mounted or operated by any individual or individuals; and "Skateboards" shall have a corresponding meaning (Planche a roulettes); "Special Event" means a one time event or annual event within the City authorized as such by Common Council (Evenement special); "Station 1 Skatepark means the Skateboards park located at the Harbour alignees, scooter non motorise, charrette, vehicule de caisses a savon ou autres articles similaires, mais pour plus de clarte exclut un velo ou tricycle (Recreational Equipment); << EVENEMENT SPtCIAL » designe un seul evenement ou un evenement annuel se deroulant dans la MUNICIPALITE autorise comme tel par le CONSEIL COMMUNAL (Special Event); << MUNICIPA.LITE >> designe The City of Saint John (City); PLANCHE A ROULETTES >> designe une planche construite de materiaux quelconques fixee a des roulettes ou des roues, designee a &re montee ou utilisee par un individu ou des individus; et << PLANCHES A ROULETTES >> a un sens correspondent (Skateboard); PLANCHODROME DE LA STATION 1 designe le pare de PLANCHES A ROULETTES situe sur le site de Harbour Station delimite au sud par la rue Station dans la MUNICIPALITE (Station 1 Skatepark); << RUE >> a le sens attribue dans 1'Arrete relatif a la circulation daps The City of Saint John, y compris un TROTTOIR, mais pour plus de clarte exclut une ZONE DESIGNEE (Street); << TROTTOIR >> a le sens attribue dans la Loi sur les vehicules a moteur, y compris -5- Station site bounded southerly by Station Street in the City (Planchodrome de la Station 1); "Street" has the meaning ascribed thereto in the Saint John Traffic By -law and includes a Sidewalk, but for certainty, excludes a Designated Area (Rue). Interpretation le Passage du Port (Sidewalk); << ZONE DtSIGNEE » designe un endroit enumdrd a 1'annexe A (Designated Area). Interpretation 3, Rules for interpretation of the language 3. Les regles d'interprdtation suivantes used in this By -law are contained in the s'appliquent au present ARR_ftt. lettered paragraphs as follows: (a) The captions, article and section names and numbers appearing in this By -law are for convenience of reference only and have no effect on its interpretation. (b) This By -law is to be read with all changes of gender or number required by the context. (c) Each reference to legislation in this By -law is printed in Italic font. Where the name of the statute does not include a year, the reference is to the most current applicable Revised Statutes of New Brunswick. Where the name of the statute does include a year, the reference is to the Statute of New Brunswick for that year. In every case, the reference is intended to include all applicable amendments to the legislation, including successor legislation. Where this By -law references other by -laws of the City, the term is intended to include all applicable a) Les titres, intertitres et numbros des dispositions ne servent qu'a faciliter la consultation de 1'ARRETt et ne doivent pas servir a son interpretation. b) Le genre ou le nombre grammaticaux doivent etre adaptes au contexte. C) Les renvois legislatifs paraissent en italique. Ils visent les Lois revisees du Nouveau - Brunswick courantes et applicables sauf mention d'une annee particuliere, auquel cas ils visent les Lois du Nouveau- Brunswick de cette annee -la. Dans tous les cas, le renvoi a une ioi vise egalement les modifications qui s'y appliquent, y compris toute legislation de remplacement. Les renvois a d'autres arretes de la MUNICIPALITE visent egalement les modifications qui s'y appliquent, y compris tout arrdtd de remplacement. amendments to those by -laws, including successor by -laws. (d) The requirements of this By -law are in addition to any requirements contained in any other applicable by -laws of the City or applicable provincial or federal statutes or regulations. (e) if any section, subsection, part or parts or provision of this By- law, is for any reason declared by a court or tribunal of competent jurisdiction to be invalid, the ruling shall not affect the validity of the By -law as a whole, nor any other part of it. (f) The schedule attached to this By -law is included in and shall be considered part of this By- law. Prohibited Areas 4(1). No person shall ride on or operate a Skateboard on any Street. 4(2). No person shall ride on, operate or use any Recreational Equipment on any Street. Permitted Areas d) Les obligations qu'il crde s'ajoutent a celles decoulant d'autres arretds applicables de la MUNICIPALITE ou des lois ou reglements federaux ou provinciaux applicables. e) Si une disposition quelconque est declaree invalide par un tribunal competent pour quelque motif que ce soit, la decision n'entache en rien la validite de 1'ARR -TE dans son ensemble ni de toute autre disposition. f) L' annexe j ointe au present ARRETE CA incluse et doit etre consideree comme faisant partie du present ARRETE. Zones interdites 4(1). Nul ne peut monter ou operer une PLANCHE A ROULETTES sur une RUE. 4(2). Nul ne peut monter, operer on utiliser quelconque EQUIPEMENT DE LOISIRS sur une RUE. Zones Permises 5(1). A person is permitted to ride on or 5(1). Une personne est autorisee a monter ou operate a Skateboard within a a operer une PLANCHE A ROULETTES Designated Area. dans une ZONE DESIGNEE. 5(2). Skateboards are only permitted in the 5(2). Les PLANCHES A ROULETTES sont Station 1 Skatepark. seulement permises all -7- 5(3). A person is permitted to ride on, operate 5(3). or use any Recreational Equipment within a Designated Area or during a Special Event, but for certainty, is not permitted in the Station 1 Skatepark. PLANCHODROME DE LA STATION 1, Une personne est autorisee a monter, operer ou utiliser tout EQUIPEMENT DE LOISIRS daps une ZONE DESIGNEE ou lors d'un EVENEMENT SPECIAL, mais pour plus de clarte, n'y est pas autorisee au PLANCHODROME DE LA STATION 1. 5(4). A request for street closure must be 5(4). Une demande de fermeture de rue doit submitted to the Saint John Police Force titre soumise au Service de police de in order to allow a Special Event on any Saint John afin de permettre la tenue Street. d'un EVENEMENT SPECIAL dans une RUE. 5(5). No more than one (1) person at a time 5(5). Pas plus d'une (1) personne a la fois shall ride on or operate a Skateboard or devrait monter ou operer une PLANCHE use an item of Recreational Equipment. A ROULETTES ou utiliser un article d'EQUIPEMENT DE LOISIRS. Josh's Law 6(1). A person riding on or operating a Skateboard, or using a Recreational Equipment, must wear a helmet approved or certified by the Canadian Standards Association, or similar agency, within a Designated Area, or during a Special Event. Offences 7. Any persons who violates any of the provisions of this By -law is guilty of an offence and liable upon summary conviction to a fine of not less than twenty -five dollars ($25) and not more than five hundred dollars ($500). Loi de Josh 6(1). Une personne montee a ou operant une PLANCHE A ROULETTES, ou qui utilise un EQUIPEMENT DE LOISIRS, doit porter un casque approuee ou certifie par 1'Association canadienne de normalisation, ou un organisme similaire, dans une ZONE DESIGNEE, ou lors d'un EVENEMENT SPECIAL. Infractions 7. Toute personne qui contrevient a une disposition du present ARRETE est coupable d'une infraction et passible sur condemnation sommaire d'une amende d'au moins vingt -cinq dollars (25 $) et d'au plus cinq cents dollars (500$). Repeal 8. A By -law of The City of Saint John enacted on the 21" day of November, 2005 entitled "By -law Number M -27, A By -law Prohibiting the Use of Skateboards on Streets" and all amendments thereto are repealed. IN WITNESS WHEREOF the City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this By -law the day of August, A.D. 2013 and signed by: Mayor /Maire Abrogation 8. Uarrete de The City of Saint John edicte le 21' jour de novembre 2005 intitule << Arrete N' M -27, Arrete interdisant l'utilisation des planches a roulettes sur les rues >>, ainsi que les modifications afferentes sont abroges. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present ARRETE le aout 2013, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture - Second Reading - Deuxieme lecture - Third Reading - Troisieme lecture - Schedule A 1. Station 1 Skatepark 2. Harbour Passage 3. Rockwood Park, including all Sidewalks and paved pathways within the park 4. Old tennis courts at Latimore Lake forming part of Parcel Identifier 55125496 5. The designated area within Market Place West forming part of Parcel Identifier 00361675 Annexe A 1. Planchodrome de la Station I 2. Passage du Port 3. Pare Rockwood, y compris les TROTTOTRS et les voies pavdes dans le pare 4. Les anciens courts de tennis au lac Latimore faisant partie du numero d'identification de la parcelle 55125496 5. La zone designee a l'intdrieur de la place Market Ouest faisant partie du numero d'identification de la parcelle 00361675 THE CITY OF SAINT JOHN NEW BRUNSWICK A By -law respecting the Use of Skateboards and Other Recreational Equipments within The City of Saint John By -law Number M -27 An uncertified copy of this by -law is available online Arrete relatif a Putilisation des planches a roulettes et autres equipements de loisirs dans The City of Saint John Arrete numero M -27 Une copie non eertifiee de Pan-ete est disponible en ligne -2- TABLE OF CONTENTS TABLE DES MATIERES Section Description Page Article Designation Page Recitals 2 Pr&ambule 2 1 Title 3 1 Titre 3 2 Definitions 3 2 Definitions 3 3 Interpretation 5 3 Interpretation 5 4 Prohibited Areas 6 4 Zones interdites 6 5 Permitted Areas 6 5 Zones permises 6 6 Josh's Law 7 6 Loi de Josh 7 7 Offences 7 7 Infractions 7 S Repeal 8 8 Abrogation 8 Schedule A 9 Annexe A 9 RECITALS WHEREAS Common Council deems it advisable to pass this by -law because it establishes standards to regulate and control the use and operation of skateboards and other recreational equipments on streets, sidewalks and parks within the City of Saint John; AND WHEREAS Common Council deems it necessary to prohibit and regulate the use and operation of skateboards and other recreational equipments for promoting the safety PREAMBULE Attendu que : le CONSEIL COMMUNAL juge opportun de prendre le present arr6t6 car it 6tablit des normes pour r6glementer et contr6ler l'utilisation et l'op6ration de planches a roulettes et autres 6quipements de loisirs dans les rues, les trottoirs et les pares de la MUNICIPALITE ; le CONSEIL COMMUNAL juge opportun d'interdire et de r6glementer l'utilisation et 1'op6ration de planches a roulettes et autres 6quipements de loisirs pour promouvoir la s6cunt6 et Ie bien -etre des habitants de la -3- and welfare of the inhabitants within the City of Saint John; AND WHEREAS subject to the Motor Vehicle Act, paragraph 7(3)(c) of the Municipalities Act authorizes municipalities to make by -laws with respect to such powers and services carried or provided under the Municipalities Act; NOW THEREFORE, the Common Council of The City of Saint John, enacts as follows: Title 1. This by -law may be cited as the Saint John Skateboard By -law (hereinafter the "By-law"), Definitions MIINICIPALITE ; sous reserve des dispositions de la Loi sur les vehicules a moteur, I'alinda 7(3)c) de la Loi sur des municipalites autorise les municipalites a prendre des arretds concernant les pouvoirs ou services confdres ou foumis qui sont prevus par la Loi sur les municipalites ; A CES CAUSES, le CONSEIL COMMUNAL de The City of Saint John ddicte Titre 1. Le present arretd peut titre cite sous le titre Arrete relatif aux planches a roulettes de Saint John (ci -apres << I'ARRETE »). Definitions 2. Whenever a word is used in this By -law 2. Dans le present ARRtTE, les termes en with its first letter capitalized, the term is petites majuscules sont employes au sens being used as it is defined in this Section defini au present article, les autres mots 2. Where any word appears in ordinary ayant leer Sens ordinaire en fran�ais. case, its regularly applied meaning in the English language is intended. "City" means The City of Saint John a CONSEIL COMMUNAL » designe les (MunicipalW); membres dlus du conseil municipal de la MUNICIPALITE (Common Council); "Common Council" means the elected «DIVISION DES PARCS ET ESPACES municipal council of the City (Conseil PUBLICS » designe la division des pares et communal); espaces publics de la MUNICIPALITY ou un division aver autorite et responsabilites similaires (Parks and Public Spaces Division); "Designated Area" means an area listed << L`QUIPEMEIST DE LOISIRS >> designe des in Schedule A (Zone designee); patins, patins a roulettes, patins a roues -4- "Parks and Public Spaces Division" means the division of parks and public spaces of the City or a related division with similar authority and responsibilities (Division tiles pares et espaces publics); "Recreational Equipment" means any skates, rollerskates, rollerblades, non - motorized scooter of�., -�ey-c4, push cart, soap box vehicle orand other similar itemsj:eematierlal equ ffief4s but for certainty_ excludes a bicycle or tricycle (Equipement de loisirs); "Sidewalk" has the meaning ascribed thereto in the Motor Vehicle Act, and also includes Harbour Passage (Trottoir); "Skateboard" means a board constructed of any material which has affixed thereto rollers or wheels designated to be mounted or operated by any individual or individuals; and "Skateboards" shall have a corresponding meaning (Planche a roulettes); "Special Event" means a one time event or annual event within the City authorized recegnted as such by Common Council (Evenement spdcial); alignees, scooter ee — =i ale non motorises, charrette, vehicule de caisses a savon ouet autres articles eEItiipernents similairesz mais your plus de clarte exclut un vela ou tricycle (Recreational Equipment); « E'VENEMENT SPECIAL >> design un seul evenement ou un evenement annuel se deroulant daps la MUNICIPALITE autorls&eeonn comme tel par le CONWL- Formatted: French (Canada) COMMUNAL (Special Event); << MUNICIPALITE >) designe The City of Saint John (City); c PLANCHE A ROULETTES >> designe une planche construite de materiaux quelconques fixee a des roulettes ou des roues, designee a titre montee ou utilisee par un individu ou des individus; et a PLANCHES A ROULETTES >> a un sens correspondant (Skateboard); << PLANCHODROME DE LA STATION 1 >> designe le pare de PLANCHES A ROULETTES situe sur le site de Harbour Station delimite au sud par la rue Station dans la MUNICIPALITL (,Station 1 Skatepark); u RUE >> a le sens attribue Bans 1'Arrete relatif d la circulation Bans The City of Saint John, y compris un TROTTOIR, mais pour plus de clarte exclut une ZONE DESIGNEE (Street); -5- "Station I Skatepa3rk" means the Skateboards park located at the Harbour Station site bounded southerly by Station Street in the City (Planchodrome de la Station 1); "Street" has the meaning ascribed thereto in the Saint John Traffic By -law and includes a Sidewalk, but for certainty, excludes a Designated Area (Rue). Interpretation << TROTTOIR » a le sens attribue dans la Loi sur les vehicules a moteur, y compris le Passage du Port (Sidewalk); << ZONE DtSIGNEE >> designe un endroit enumere a Pannexe A (Designated Area). Interpretation 3. Rules for interpretation of the language 3. Les regles d'interpretation suivantes used in this By -law are contained in the s'appliquent au present ARRt~TE. lettered paragraphs as follows: (a) The captions, article and section names and numbers appearing in this By -law are for convenience of reference only and have no effect on its interpretation. (b) This By -law is to be read with all changes of gender or number required by the context. (c) Each reference to legislation in this By -law is printed in Italic font. Where the name of the statute does not include a year, the reference is to the most current applicable Revised Statutes of New Brunswick; 1973 edition. Where the name of the statute does include a year, the reference is to the Statute of New Brunswick for that year. In every case, the reference is intended to include all applicable amendments to the legislation, including successor legislation. Where this By -law references other by -laws of the a) Les titres, intertitres et numeros des dispositions ne servent qu'a faciliter la consultation de VARRE5-TE et ne doivent pas servir a son interpretation. b) Le genre ou le nombre grammatieaux doivent etre adaptes au contexte, c) Les renvois legislatifs paraissent en italique. Ils visent les Lois revisees du Nouveau - Brunswick courantes et applicables do 1973 sauf mention d'une annee particuliere, auquel cas ils visent les Lois du Nouveau - Brunswick de cette annee -la. Dans tour les cas, le renvoi a une loi vise egalement les modifications qui s'y appliquent, y compris toute legislation de remplacement. Les renvois a d'autres arretes de la MUNICIPALITE visent egalement les modifications -6- City, the term is intended to include all applicable amendments to those by -laws, including successor by -laws. (d) The requirements of this By -law are in addition to any requirements contained in any other applicable by -laws of the City or applicable provincial or federal statutes or regulations. (e) If any section, subsection, part or parts or provision of this By- law, is for any reason declared by a court or tribunal of competent jurisdiction to be invalid, the ruling shall not affect the validity of the By -law as a whole, nor any other part of it. (f) The schedule attached to this By -law is included in and shall be considered part of this By- law. Prohibited Areas 4(1). No person shall ride on or operate a Skateboard on any Street. 4(2). No person shall ride on, operate or use any Recreational Equipment on any Street. Permitted Areas 5(1). A person is permitted to ride on or operate a Skateboard within a Designated Area. qui s'y appliquent, y compris tout arrete de remplacement. d) Les obligations qu'il tree s'ajoutent a celles decoulant d'autres arretes applicables de la MUNICIPALITE ou des loin ou reglements federaux ou provinciaux applicables, e) Si une disposition quelconque est declaree invalide par un tribunal competent pour quelque motif que cc soit, la decision n'entache en rien la validitd de PARRtTE dans son ensemble ni de toute autre disposition. f) L'annexe jointe au present ARRETE est incluse et doit titre consideree comme faisant partie du present ARRETL Zones interdites 4(1). Nul ne peut monter ou operer une PLANCHE A ROULETTES Sur une RUE. 4(2). Nul ne peut monter, operer ou utiliser quelconque EQUIPEMENT DE LOISIRS Sur une RUE. Zones Permises 5(1). Une personae est autorisee a monter ou A operer une PLANCHE A ROULETTES dans une ZONE DESIGNEE. -7- 5(2). Skateboards are only permitted in the 5(2). Les PLANCHES A ROULETTES sont Station 1 Skatepark. settlement permises au PLANCHODROME DE LA STATION 1. 5(3). A person is permitted to ride on, operate 5(3). or use any Recreational Equipment within a Designated Area or during a Special Event, but for certainty, is not permitted in the Station 1 Skatepark. Une personne est autorisee a monter, operer ou utiliser tout EQUIPEMENT DE LOISIRS dans une ZONE DESIGNEE ou lors d'un EVENEMENT SPECIAL, mais pour plus de clarte, n'y est pas autoris6e au PLANCHODROME DE LA STATION 1. 5(4). A request for street closure must be 5(4). Une demande de fermeture de rue doit submitted to the Saint John Police Force etre soumise au Service de police de in order to allow a Special Event on any Saint John afin de permettre la tenue Street. d'un EVENEMENT SPECIAL dans une RUE. 5(�). No more than one (1) person at a time 5(5). Pas plus d'une (1) personne a la fois shall ride on or operate a Skateboard or devrait monter ou operer une PLANCHE use an item of - Recreational Equipment_ k ROULETTES ou utiliser un article II at a sane time. CLtQUIPEMENT DE LOISIRS. Josh's Law 6(1). A person riding on or operating a Skateboard, or using a Recreational Equipment, must wear a helmet approved or certified by the Canadian Standards Association, or similar agency, within a Designated Area, or during a Special Event. Offences Loi de Josh 6(1). Une personne montee 4 ou operant une PLANCHE A ROULETTES, ou qui utilise un EQUIPEMENT DE LOISIRS, doit porter un casque approuee ou certifxe par I'Association canadienne de normalisation, ou un organisme similaire, dans une ZONE DESIGNEE, ou lors d'un EVENEMENT SPECIAL. Infractions 7. Any persons who violates any of the 7. provisions of this By -law is guilty of an offence and liable upon summary conviction to a fine of not less than twenty-five dollars ($25) and not more than five hundred dollars ($500). Toute personne qui contrevient a une disposition du present ARRETE est coupable d'une infraction et passible sur condamnation sommaire d'une amende d'au moins vingt -cinq dollars (25 $) et d'au plus cinq cents dollars (500$). -8- Repeal Abrogation 8. A By -law of The City of Saint John 8. Uarrete de The City of Saint John enacted on the 21" day of November, Micte le 21' jour de novembre 2005 2005 entitled "By -law Number M -27, A intitule « f4rrete N° M -27, .Arrete By -law Prohibiting the Use of interdisant Putilisation des planches a Skateboards on Streets" and all roulettes sur les rues », ainsi que les amendments thereto are repealed. modifications afferentes sont abroges. IN WITNESS WHEREOF the City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this By -law the day of August, A.D. 2013 and signed by: Mayor /Maire EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present ARRETE le aout 2013, aver les signatures suivantes: Common Clerk/Crreffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture -9- Schedule A 1. Station 1 Skatepark 2. Harbour Passage 3. Rockwood Park, including all Sidewalks and paved pathways within the park 4. Old tennis courts at Latimore Lake forming part of Parcel Identifier 55125496 5. The designated area within Market Place West forming part of Parcel Identifier 04361675 Annexe A 1. Planchodrome de la Station 1 2. Passage du Port 3. Parc Rockwood, y compris les TROTTOIRS et les voies pavees dans le parc 4. Les anciens courts de tennis au lac Latimore faisant partie du num6ro d'identification de la parcelle 55125496 5. La zone d6sign6e a l'int6rieur de la place Market Quest faisant partie du num6ro d'identification de la parcelle 00361675 To the Mayor and Council of Saint John: RECEIVED COMMON CLERK'S OFFICE AUG 16 2013 CITY Of SAINT JOHN i My name is Scott Childs, I'm a 22 year old Saint John resident, and a sponsored skateboarder for Shred Board Shop in Rothesay. I have been skateboarding for 10+ years and have been asked by over 250 individuals (as per our online petition)' to be the voice of local skateboarders (and supporters) in the community. Words cannot describe the frustration of local skateboarders at this moment from the lack of transparency and research in regards to the recently proposed helmet by -law. We feel that this is a very hasty decision and little research was done prior to Councillor Greg Norton proposing this by -law. We whole- heartedly understand why you feel this is a great idea, and any one as an outsider looking in would also see this law as a way of protecting our citizens, but the numbers and causes of all skateboard related deaths speak for themselves. In 2011 there were 42 recorded deaths in the US related to skateboarding, only one took place in a skateparkz. in the US last year there were 30 recorded deaths related to skateboarding accidents. All 30 of these tragic deaths occurred on roads and intersections, none at a skatepark -3. These statistics also include the deaths of Longboarders, the much more dangerous high speed sport that involves flying down hills (oftentimes at speeds in excess of 50 -70km) on boards that extend 32" in length with wheels larger than 60mm in diameter. Jason Maclean had recently said in a CBC interview the phrase "Helmets save lives, it's simple. It's statistics.i4 Although it would be hard for anyone to argue with such a general claim, we have just brought forth the statistics and as you can see helmets are not the problem; the common problem seems to be skateboarding on roads. Skateboards are not motorized vehicles, and have no place on public roads with cars; If you want to promote safety within our sport please consider restricting individuals from skateboarding down public roads (limiting them to sidewalks for commuting) because those are the ones putting themselves in danger. As you know we have lost some great individuals (and friends) to tragic accidents as of late, and we as a group sincerely empathize for those families affected by these recent losses, but at the same time it is undeniable that what these individuals were doing at the time of their accidents is not something done or condoned by the majority in our sport. Skateboarding in general is a skill based sport that involves a significant deal of coordination and is not meant to be nor is generally practiced at extremely high speeds in the middle of public roads like these individuals had done. This is not an issue of "not looking cool" as some may think, but it is rather an issue with others (who have never practiced our sport) trying to dictate how we are to practice our sport. Those of us over the ' https : / /www.facebook.com /SJHelmetLaw 2 http: / /www.skatepark.org /park - development/ 2012 /01 /2011 - skateboarding - fatalities/ #location s http: / /www.skatepark.org/ park - development /2013/03/2012- skateboarding- fatalities/ 4 http:// www. cbc. ca/ news /canada/ new- brunswick /story /2013/07/25/nb- skateboarder - death- helmet.htmI age of 16 have been skateboarding for oftentimes several years, and we have a very strong knowledge, and control of our skateboard. Most of us started skateboarding as opposed to any other conventional organized sport because of the freedoms we have, and because of the lack of rules and regulations. We are not opposed to the thought of encouraging helmets for those who are under the age of 16, but to create a law that will directly affect grown men and women (possibly fining them in the ludicrous amount of $500) for doing a sport that has proven to be less dangerous than previously thought is unnecessary. Is it not one of the city's top priorities to increase tourism and encourage youth to see Saint John as a destination to come and learn, work and ultimately migrate to? We have a world class facility now in Saint John that has been attracting tourism from within and outside the province. There have been numerous competitions brought here including Stacked (a National level competition), and even professional teams have come to visit us such as the shoe companies "Etnies" & "Emerica ". With the exception of Nova Scotia we are unaware of any provincial or municipal by -laws enforcing the use of helmets. If you were to contact any skateboard shops in Nova Scotia they would likely tell you that few travel to Nova Scotia to skateboard in fear of being fined $172.50 since that law passed there (over 2300 have even signed that petition to amend the law there). 5 In conclusion I would ask that you please give me the opportunity to speak on behalf of all Saint John skateboarders and attempt to change your minds on this subject at the next meeting of common council. i know all of this has been brought forth in the interest of safety, and anything "to improve safety" in our community will generally be passed through council without much deliberation, but in the interest of giving us a fair chance to represent ourselves please provide me with this opportunity to speak on our behalf. I believe there are numerous disadvantages that may have been previously unrecognized and 1 believe we should discuss them prior to enacting such a law, and in conjunction with this, I highly recommend everyone on council visit their local skatepark and see firsthand how non - dangerous our sport really is. Sincerely Scott Childs On behalf of the skateboarders of Saint John, New Brunswick & The Petition to Veto the Saint John Helmet Law 5 http://www.change.org/en-CA/ petitions /darrel1- dexter- premier -of- nova - scotia- repeal -or- amend- policy- regarfding- usef -of- helmets- skat�eboarding t��U II I� r Y�Li T1 ti✓ i 1 f SvV-Z To Saint John City Council, RECEIVED COMMON! CLERK'S OFFICE AUG 2 0 2013 CITY OF SAINT JOHN It has come to my attention that there is a group attempting to have the city change their allowable hours of operation to be increased for Sunday's. I would like you to hear another side of this story as it is never addressed, and I feel VERY strongly it needs to be heard... Sunday shopping from the point of view of the regular citizen who works retail in our great city. Those who must work in retail once had the knowledge that they would have one day a week that they would have to spend with their families (except at Christmas when Sunday shopping was permitted in the beginning...). Things have changed now so that they have no family time! Most have to work three part time jobs (as most retailers do not hire full time) to pay the basic bills — with no benefits to speak of for their efforts. This includes around the clock hours, seven days a week. I know many that have too much pride to ask for assistance from the government, however live below the poverty line with working 2 to 3 fobs without benefits for when they or their families become sick or need to go to the dentist etc. This is a difficult issue as there are so many problems entwined in with Sunday shopping. One of the most important issues is that is it believed the average citizen has the right to refuse to work Sundays, and in an idyllic world this would be true. In reality however, the only options given are 1- work Sundays (against your beliefs) 2- say you are unwilling to work Sundays because for your beliefs only to have your hours cut back so they can hire someone else to work Sundays 3- say you are unwilling to work Sundays and be fired for something that has never been an issue until you mentioned your unwilling to work Sundays 4- on your hire torm say you cannot work Sundays as your beliefs to then NUT be hired for those beliefs... When you tell an employer you are unavailable they will tell you that it is the "need of the business" and if you are unwilling to work then you are docked hours or let go (they can ALWAYS find a way to let you go, or make you work all days you need off — for Dr's appointments etc - until you are forced to quit). The hours allotted for Sunday shopping are unrealistic also — it is believed that the hours are 12 to 5 (so those who wish may attend Church and still make it to work), however, many employers tell staff they must work S to 5, not just the 12 to 5 as (again) it is the need of the business, or they are forced to stay later than 5pm to do clean up or sometimes fill the shelves. They use that time before and after open hours to stock dust, front face etc... Then there is the problem of getting to and from work as the busses do not run the hours needed to arrive to work on time and are not running once they get off work. This means the employee spends two to three hours of their shift to be able to afford to take a cab to and from work. This does not leave much of their paycheck to pay bills. It is also believed that it should be the choice of the business what hours they are open, however if you work for a "box" store (such as Kent, Sears, Toys R Us, etc) they are automatically open the allowable hours, and again staff will be forced to work those hours or not have a job as it is "the need of the business" and the "needs change". Another issue is that because employers are making employee's work weekends they will often have to work up to 10+ days in a row until their next day off. These shifts are not 8 to 5 either, one will be a day shift, then a night, and back and forth. Many times an employee must work a shift until 9pm, then by the time they are let off work to go home it is closer to 10 (or later — especially at Christmas) and then back in the early morning — when you look at taking a bus home (usually the busses do not run on times that get the employees to work or home) it will be closer to 11pm when they get home, then up and on the bus for lam or 8am to get to work for Sam or gam the next morning. This gives the employee no time to rest or see family. (And when they become ill because of this they must waste their time when they feel awful and take up Dr.s precious time by usually needing a note from a Dr. that they truly are ill and cannot come in or that they are better and are allowed to come back to work). If you change the hours of operation and let retailers decide on their own what works best for them then the big box stores will always be open. The small shops and corner stores that thrive only because the others are closed will die out as people will simply go to the malls or box stores to make their purchases. This will cause many employees to lose their employment all together. There is not any more money to be made — it is just now achieved over more days and hours, causing prices to go up to offset the cost of keeping these stores open and paying more staff minimal hours and wages. I strongly advise that before you consider opening longer hours on Sunday you speak to the people who have to work it and find how it TRULY affects them. I can guarantee the employers will not tell you it adversely affects their staff... There are many options available to consider other than becoming a city that offers around the clock shopping. Why not consider bringing in a law that employees cannot be forced to work both weekend days, or that Sat the stores close at 5pm, or Monday, Tuesday and Wednesday they close at 5pm — these nights are not usually busy and then there could be some rest 3na ramily time brought back to our amazing city! This would help make people be proud to say they work in Saint John NB! Thank you for your *me, Ac J nifer Eagles is 1: August 26th, 2013 Deputy Mayor and Councillors Subject: Disability Pension The Committee of the Whole, having met on August 26, 2013, adopted the following resolution: "RESOLVED that the Committee of the Whole, having met on August 26, 2013, recommends that Common Council: Approve the recommendation from Centric Health for Employee ID# 5747 to receive disability benefits from the City of Saint John under the Pension Act that was in existence prior to January 1, 2013." Sincerely, Mel Norton Mayor l� - 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- 41-1 115 is 1: August 26th, 2013 Deputy Mayor and Councillors Subject: City Market Lease The Committee of the Whole, having met on August 26, 2013, adopted the following resolution: "RESOLVED that the Committee of the Whole, having met on August 26th, 2013, recommends to Common Council: On the condition that True North Salmon Co. Ltd. complete the purchase of the assets of Lord's Lobsters Ltd. on or before Aug. 31 st, 2013, that the City enter into a Lease with True North Salmon Co. ltd. for that portion of the City Market described in Schedule "A" to the Form A19 Lease attached to this M &C 2013 -184 upon the terms and conditions generally set out in the said Lease; and That the Mayor and Common Clerk be authorized to execute the lease. Sincerely, Mel Norton Mayor l� - 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- 41-1 116 is 1: August 26th, 2013 Deputy Mayor and Councillors Subject: Appointments to Committees The Committee of the Whole, having met on August 26, 2013, adopted the following resolution: Solid Waste Commission of the Fundy Region Services Commission: to appoint Councillor Merrithew from August 26, 2013 until the end of his current term on Council. Cities of New Brunswick Association - to appoint: Mayor and the Deputy Mayor to the Executive Committee; Councillors McAlary, Merrithew and MacKenzie to the ad hoc Committee on Legislation Modernization; Councillor McAlary on the Planning and Resolutions Committee; Councillor Reardon on the Transportation Committee; Deputy Mayor Rinehart on the ad hoc Committee on municipal Fine Revenue Program Federation of Canadian Municipalities - to appoint Councillor Farren to the following FCM Standing Committees: Finance and Intergovernmental Arrangements and Municipal Infrastructure and Transportation Policy until June 2014; and further that he be permitted to attend all four FCM meetings. Finance Committee — to appoint Councillor Lowe from August 26th 2013 until the end of his current term on Common Council. Sincerely, Mel Norton Mayor l� - 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- 41-1 117 is 1: August 26th, 2013 Deputy Mayor and Councillors Subject: Sandwich Board Signs The Committee of the Whole, having met on August 26, 2013, adopted the following resolution: "RESOLVED that City staff be directed to prioritize the enforcement of the signage provisions contained in the Zoning Bylaw respecting sandwich board signs in areas outside the uptown BIA." Sincerely, Mel Norton Mayor l� - 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- 41-1 118