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2014-05-26_Agenda Packet--Dossier de l'ordre du jourr. City of Saint John Common Council Meeting AGENDA Monday, May 26, 2014 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plait utiliser 1'entree Chipman Hill Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658 -2862. Pages 1. Call to Order - Prayer 2. Approval of Minutes 2.1 Minutes of May 12, 2014 2 - 9 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Contract 2013 -22 - Prince William Street (Princess Street to Duke Street) - 10-12 Water, Sanitary and Storm Sewer Renewal and Street Reconstruction (Recommendation in Report) 5.2 Contract No. 2014 -4: Rodney Street (Watson to Lancaster) - Watermain, 13-14 Sanitary and Storm (Recommendation in Report) 5.3 Public Information Session - Honeysuckle /Sherbrooke Drainage Basin Storm 15-17 Sewer Improvements (Recommendation: Receive for Information) 5.4 Printing Service Agreement with Saint John Energy for the Production of Saint 18-39 John Water Billings, Employee and Retiree Payroll Advices and Employee T4's (Recommendation in Report) 6. Members Comments 1 Powered By; $ &1BE' 7. Proclamation 7.1 Disability Awareness Week- June 1- 7 40-40 7.2 Green Marine Week- June 8 -14 41 -41 7.3 Safe Kids Week- June 7 -14 42-42 7.4 National Health and Fitness Day- June 7 43-43 8. Delegations / Presentations 9. Public Hearings 10. Consideration of By -laws 10.1 Third Reading of Excavation of Streets ByLaw 44-64 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 Neighbourhood Development Stimulation Grant Applications 2014 65-70 12.2 One -Stop Development Shop Program- Program Launch and Guiding 71 -116 Principles 12.3 Municipal Street Lighting Best Management Practice 117-163 12.4 Establishment of an Investment Fund - PRO Kids Program 164-167 12.5 Contract No. 2014 - 2: Hillcrest Drive (Manawagonish Rd to Fenton Dr) - Street 168-169 Reconstruction 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 H. Wright Letter re Demolition at 167 Prince William Street 170-170 16. Supplemental Agenda 16.1 License Agreement - Live Fire Emergency Services Training Facility 171 -234 17. Committee of the Whole 17.1 Surplus Real Estate - Fire Department Training Grounds Millidge Ave., and 235-235 University Ave. 1 17.2 Recommended Appointments to Taxicab Advisory Committee 236-236 17.3 Scheduling of Committee of the Whole Closed Meeting 237-237 18. Adjournment 3 City of Saint John Common Council Meeting Monday May 26, 2014 Committee of the Whole 1. Call to Order Si vous avez besoin des services en francais 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 Agreement 10.2(4)(c) 1.5 Financial Matter 10.2(4)(c) 1.6 Personal Matter 10.2(4)(b) 1.7 Nominating Committee 10.2(4)(b) 1.8 Labour and Employment Matters 10.2(4)0) 1.9 Labour and Employment Matters 10.23(4)0) 1.10 Proposed Agreement 10.2(4)(c) The City of Saint John Seance du conseil communal Le lundi 26 mai 2014 18 h Salle du conseil Comit6 plenier 1. Ouverture de la seance Si vous avez besoin des services en frangais pour une r6union du conseil communal, veuillez communiquer avec le bureau de la greffiere 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 a Particle 10 de la Loi sur les municipalites. Le conseil /comit6 prendra une ou des d6cisions a cet 6gard au cours de la s6ance publique 16 h 30 — Salle de conference, 8e kage, h6tel de ville 1.1 Approbation du proces- verbal — alin6a 10.2(4)b) 1.2 Question relative a 1'emploi — alin6a 10.2(4)j) 1.3 Question financiere — alin6a 10.2(4)c) 1.4 Convention — alin6a 10.2(4)c) 1.5 Question financi&e — alin6a 10.2(4)c) 1.6 Question relative au personnel — alin&a 10.2(4)b) 1.7 Comit6 des candidatures — alin&a 10.2(4)b) 1.8 Question relative aux ressources humaines — alin&a 10.2(4)j) 1.9 Question relative aux ressources humaines — alin6a 10.2(4)j) 1.10 Projet d'entente — alin6a 10.2(4)c) Seance ordinaire 1. Ouverture de la s6ance, suivie de la priere 2. Approbation du proces- verbal 2.1 Proc&s- verbal du 12 mai 2014 3. Adoption de 1'ordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a Papprobation du conseil 5.1 Contrat 2013 -22 : Renouvellement de la conduite d'eau et des egouts sanitaires et pluviaux et travaux de refection de la rue Prince William, entre la rue Princess et la rue Duke (recommandation figurant au rapport) 5.2 Contrat ri 2014-4: Rue Rodney (de la rue Watson a la rue Lancaster) — Conduite d'eau principale, egouts sanitaires et egouts pluviaux (recommandation figurant au rapport) 5.3 Seance informative publique : Bassin versant du secteur Honeysuckle - Sherbrooke — Modernisation du reseau d'egout pluvial (recommandation : accepter a titre informatif) 5.4 Entente relative au service d'impression avec Saint John Energy pour la production des factures de Saint John Water, des avis du service de la paie pour les employes et les retraites et des feuillets T4 des employes (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Semaine de sensibilisation a la situation des personnes handicapees, du 1 ar au 7 juin 2014 7.2 Semaine maritime ecologique, du 8 au 14 juin 2014 7.3 Semaine SecuriJeunes, du 7 au 14 juin 2014 7.4 Journee nationale de la sante et de la condition physique, le 7 juin 2014 8. Delegations et presentations 9. Audiences publiques 10. Etude des arretes municipaux 10.1 Troisieme lecture de 1'Arrete concernant les excavations dans les rues 11. Interventions des membres du conseil 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Demandes dans le cadre de la Subvention d'encouragement de 1'amenagement du voisinage de 2014 12.2 Programme relatif au Guichet unique pour 1'amenagement — Lancement et principes directeurs 12.3 Eclairage des rues municipales — Pratique exemplaire en matiere de gestion 12.4 Etablissement d'un fonds de placement — Programme P.R.O. Jeunesse 12.5 Contrat ri 2014 -2 : R6fection de la promenade Hillcrest (du chemin Manawagonish a la promenade Fenton) 13. Rapports deposes par les comites 14. Etude des sujets ecartes des questions soumises a 1'approbation du conseil 15. Correspondance generale 15.1 Lettre de H. Wright concernant le projet de d6molition au 167, rue Prince William 16. Ordre du jour supplementaire 16.1 Contrat de licence — Centre de formation des services d'urgence en incendie r6el 17. Comite plenier 17.1 Biens immobiliers exc6dentaires — Terrains d'entrafnement du Service d'incendie — Avenue Millidge et avenue University 17.2 Recommandations de nominations pour si&ger au comfit& consultatif sur les taxis 17.3 Planification d'une r6union a huis clos du comit6 pl6nier 18. Levee de la seance 98- COMMON COUNCIL /CONSEIL COMMUNAL MAY 12, 2014/LE 12 MAI 2014 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — MAY 12, 2014 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe, MacKenzie, McAlary, Merrithew, Norton, Reardon and Strowbridge - and - J. Hamilton, Commissioner of Growth and Community Services / Acting City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; W. Edwards, Commissioner of Transportation and Environment Services; A. Poffenroth, Deputy Commissioner Building Inspections; K. Clifford, Fire Chief; J. Taylor, Common Clerk; K. Tibbits, Administrative Assistant. Call To Order — Prayer Mayor Norton called the meeting to order and Reverend Roger Graham of Forest Hills Baptist Church offered the opening prayer. 2. Approval of Minutes 2.1 Minutes of April 28, 2014 On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the minutes of the meeting of Common Council, held on April 28, 2014, be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the agenda of this meeting with the addition of items 16.1 Demolition of the Structurally Unsound and Dangerous Building at 167 -171 Prince William St, PID 11486; and 17.1 Committee of the Whole: Lifeguard Contract with Maritime Daytripping, be approved. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 That the letter from The Originals: Saint John Festival of Art regarding street closure request be received for information. 5.2 That the letter from Port Saint John regarding Green Marine Week be referred to the Common Clerk's office to prepare the proclamation and schedule the flag raising. 5.3 That letter from Port Saint John regarding Port Days be received for information. 5.4 That as recommended by the City Manager in the submitted report M &C 2014- 61: Skate Park Land- Station Street: 1) The City of Saint John purchase from the Saint John Parking Commission the 469 square metre portion of PID # 55209746 illustrated as lot 14 -01 on the Subdivision Plan number S004408H dated April 24, 2014 prepared by Hughes Surveys attached to M &C 2014 -61 for $1.00; and I 98- COMMON COUNCIL /CONSEIL COMMUNAL MAY 12, 2014/LE 12 MAI 2014 2) The City pay for all costs associated with the Subdivision plan that is required to complete the transaction; and 3) That the Mayor and Common Clerk be authorized to execute the necessary documents. 5.5 That as recommended by the City Manager in the submitted report M &C 2014- 57: General Specifications - Policy Revisions (Divisions 2 & 6) Common Council adopt the submitted revisions to the current clauses of Division 2 (Instructions to Tenderers and Tendering Procedures) and Division 6 (General Administration of Contract) of the City of Saint John General Specifications. 5.6 That as recommended by the City Manager in the submitted report M &C 2014- 58: 2014 General Specifications Revisions be received for information. 5.7 That the letter from Union of the Municipalities of New Brunswick regarding memberships be referred to City Manager. 5.8 That as recommended by the City Manager in the submitted report M &C 2014- 65: Transfer of Land to Dykeman's Hardware Ltd. the City of Saint John provide a Quit Claim Deed to Dykeman's Hardware Ltd. for $1.00; and that the Mayor and Common Clerk be authorized to execute the said Quit Claim Deed. 5.9 That as recommended by the City Manager in the submitted report M &C 2014- 55: Tender 2014- 084902T - Reinstatement of Utility Cuts - Concrete Work tender 2014 - 084902T: Reinstatement of Utility Cuts - Concrete Work, be awarded to the low bidder meeting all tender requirements, Midi Construction Ltd., at the tendered price of $108,300.00 plus HST as calculated based upon estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.10 That as recommended by the City Manager in the submitted report Response to Hardman Group Request Common Council request the City Manager to respond to the Hardman Group's request and indicate the City's interest to maintain the existing level of financial support towards promotional events as proscribed by the Market Square Complex Head Lease. 5.11 That as recommended by the City Manager in the submitted report Community Clean -Up Trailer Common Council approve the use of $20,000 from the settlement between the City of Saint John and the Saint John Airport for the purchase of a community clean -up trailer. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. Question being taken, the motion was carried. 6. Members Comments Council members commented on various community events. 7. Proclamation 8. Delegations /Presentations 8.1 Transportation and Environment Services: Sustainable Service Review Presentation Mr. Edwards, Mr. Rice and Mr. Hugenholtz presented a report on the Sustainable Service Review — Transportation and Environment Services to Council. Mr. Edwards commented that they will be focusing on five specific areas, to include: • a discussion on surface maintenance; • pedestrian and traffic management; • sport and recreation facilities; • parks and City landscapes; and 3 98- COMMON COUNCIL /CONSEIL COMMUNAL MAY 12, 2014/LE 12 MAI 2014 • opportunities that may result in efficiencies of service and cost savings for the City. On motion of Councillor MacKenzie Seconded by Deputy Mayor Rinehart RESOLVED that the report entitled, Sustainable Service Review - Transportation and Environment Services be referred to the City Manager as input into the 2015 budget process. Question being taken, the motion was carried. 9. Public Hearings 6:30 P.M. 10. Consideration of By -laws 10.1 Third Reading of Zoning By -Law 368 Rothesay Avenue On motion of Councillor Merrithew Seconded by Councillor Reardon RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -226 A Law to Amend the Zoning By -Law of The City of Saint John," amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 284 square metres, located to the rear of 368 Rothesay Avenue, also identified as being a portion of PID Number 55183875, from "P" Park to 1 -1" Light Industrial, be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number C.P. 110 -226 A Law to Amend the Zoning By -Law of The City of Saint John," was read in its entirety. On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -226 A Law to Amend the Zoning By -Law of The City of Saint John," amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 284 square metres, located to the rear of 368 Rothesay Avenue, also identified as being a portion of PID Number 55183875, from "P" Park to 1 -1" Light Industrial, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number C.P. 110 -226 A Law to Amend the Zoning By -Law of The City of Saint John." 10.2 Third Reading of Zoning By -Law 3636 Westfield Road On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -227 A Law to Amend the Zoning By -Law of The City of Saint John," amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 8050 square metres, located at 3636 Westfield Road, also identified as being a portion of PID Number 55063614, from 1 -1" Light Industrial to "B -2" General Business, be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number C.P. 110 -227 A Law to Amend the Zoning By -Law of The City of Saint John," was read in its entirety. On motion of Councillor Farren Seconded by Councillor Reardon That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 8,050 square metres, located at 3636 Westfield Road, also identified as 11 98- COMMON COUNCIL /CONSEIL COMMUNAL MAY 12, 2014/LE 12 MAI 2014 being a portion of PID Number 55063614, for business offices be subject to the following conditions: a) That the use of the property be restricted to a business office; b) That all parking areas and driveways be paved with asphalt; c) That all disturbed areas of the site not occupied by buildings and vehicular areas must be landscaped; d) The stormwater drainage for the site must be developed and maintained in accordance with a detailed stormwater drainage plan and design brief approved by the Chief City Engineer or his designate; e) The site shall not be developed except in accordance with a detailed site plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, exterior building materials and finishes, landscaped areas, including location of planting materials and other site features; f) The approved plans mentioned in condition (d) and (e) above must be attached to the application for building permit for the development; and, g) All work shown on the site plan and drainage plan must be completed by the proponent within one year of the building permit being issued. Question being taken, the motion was carried. On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -227 A Law to Amend the Zoning By -Law of The City of Saint John," amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 8050 square metres, located at 3636 Westfield Road, also identified as being a portion of PID Number 55063614, from 1 -1" Light Industrial to "B -2" General Business, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number C. P. 110 -227 A Law to Amend the Zoning By -Law of The City of Saint John." 10.3 Public Presentation - Amendments Related to the Proposed Adoption of New Zoning By -Law A Public Presentation was given for a proposed amendment to the Municipal Development Plan to incorporate changes to the policies and schedules of the Municipal Plan that are required to ensure clear alignment between the Plan and the City's proposed new Zoning By -Law. 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 Demolition of the Vacant, Unoccupied, Dilapidated and Dangerous Buildings at 55 Simpson Drive On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report M &C 2014 -62: Demolition of the Vacant, Unoccupied, Dilapidated and Dangerous Buildings at 55 Simpson Drive 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 buildings at 55 Simpson Drive (PID #301242), in accordance with the applicable City purchasing policies. Question being taken, the motion was carried. 5 98- COMMON COUNCIL /CONSEIL COMMUNAL MAY 12, 2014/LE 12 MAI 2014 12.2 Water and Sewerage Utility Fund and General Fund Capital Adjustments Responding to a question, Mr. Edwards confirmed that the work contemplated in the submitted report is related to the Gas Tax Fund and indicated that the City cannot redirect money from the Gas Tax Fund to pay an over expenditure in another area. On motion of Councillor Farren Seconded by Councillor Norton RESOLVED that section 12.4 of Council's Procedural Bylaw respecting members not speaking more than twice on a motion be suspended. Question being taken, the motion was carried with Councillors Fullerton, Merrithew and Strowbridge voting nay. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the City Manager in the submitted report M &C 2014 -60: 2014 Water and Sewerage Utility Fund and General Fund Capital Program Adjustments Common Council approve the adjustments to the 2014 Water & Sewerage Utility Fund and General Fund Capital Programs as outlined in the submitted report, as follows: 1. Add Burpee Avenue to the 2014 Water & Sewerage Utility Fund Capital Program totaling $633,000 ($174,000 water + $459,000 sewer) utilizing the budget offsets identified; 2. Add Duke Street to the 2014 General Fund Capital Program totaling $805,000 ($280,000 storm + $525,000 transportation) utilizing the budget offsets identified; and, 3. Increase the budget for Asphalt Roadway Resurfacing and Curb & Sidewalk Renewal projects by $900,000 utilizing the Gas Tax Fund surplus identified. Question being taken, the motion was carried with Councillors Farren, Merrithew and Reardon voting nay. 12.3 Engineering Services: Fairville Boulevard Storm Sewer Improvements and Manawagonish Creek Channel Upgrades On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report M &C 2014 -56: Engineering Services: Fairville Boulevard Storm Sewer Improvements and Manawagonish Creek Channel Upgrades the proposal from CBCL Limited for engineering services for the Fairville Boulevard Storm Sewer Improvements and Manawagonish Creek Channel Upgrades, Project No. 2014- 091503P (the "Project "), be accepted as follows: a) Detailed design and construction cost estimates are to be completed by CBCL Limited under the 2014 Capital Program, at a cost of $90,400.00, all applicable taxes included; b) Subject to Common Council's approval that the funding for the construction component of the Project will be included in the 2015 General Fund Capital Programs, the remainder of the engineering services work for the Project is to be carried out by CBCL Limited after Common Council approval of the 2015 Capital Programs at a cost of $136,730.00, all applicable taxes included; and c) That the Mayor and Common Clerk be authorized to execute the Consulting Engineering Agreement. Question being taken, the motion was carried. 12.4 Street Excavation By -Law On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report M &C 2014 -63: Street Excavation By -Law Common Council repeal the current Street Excavation By -Law and enact a new revised by -law which will give effect to the changes outlined in the submitted report. X 98- COMMON COUNCIL /CONSEIL COMMUNAL MAY 12, 2014/LE 12 MAI 2014 Question being taken, the motion was carried. 12.4.1 Revised ByLaw Respecting Excavation of Streets in the City of Saint John On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the by -law entitled, "A By -Law Respecting Excavation of Streets in The City of Saint John" repealing and replacing the street excavation bylaw enacted on the 30th day of August, 2010, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled "A By -Law Respecting Excavation of Streets in The City of Saint John." On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the by -law entitled, "A By -Law Respecting Excavation of Streets in The City of Saint John" repealing and replacing the street excavation bylaw enacted on the 30th day of August, 2010, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled "A By -Law Respecting Excavation of Streets in The City of Saint John." 12.5 Contract 2014 -5: Watermain Cleaning and Lining Phase 10 On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that as recommended by the City Manager in the submitted report M &C 2014 -59: Contract 2014 -5: Watermain Cleaning and Lining Phase 10 Contract 2014 -5: Watermain Cleaning & Lining, Phase 10, be awarded to the tenderer, Trenchless Solutions Inc., at the tendered price of $1,616,750.89 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 12.6 Elimination of the Night Time Solid Waste Collection Model (Tabled April 14, 2014) On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that item 12.6 Elimination of the Night Time Solid Waste Collection Model be lifted from the table. Question being taken, the motion was carried. Responding to a question, Mr. Rice stated that there are no financial implications as a result of the recommendation but that staff could be re- deployed to perform other tasks and thus increase service levels in those areas. On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that section 12.4 of Council's Procedural Bylaw respecting members not speaking more than twice on a motion be suspended. Question being taken, the motion was carried with Councillors Fullerton, Merrithew, Norton and Strowbridge voting nay. On motion of Councillor Merrithew Seconded by Councillor Farren 7 98- COMMON COUNCIL /CONSEIL COMMUNAL MAY 12, 2014/LE 12 MAI 2014 RESOLVED that as recommended by the City Manager in the submitted report M &C 2014 -42: Elimination of the Night Time Solid Waste Collection Model Common Council: 1) Endorse the elimination of night time solid waste collection in the South Central Peninsula; and, 2) Endorse the recommended changes to the Solid Waste Collection schedule with adequate public communications. Question being taken, the motion was defeated with Councillors Fullerton, Lowe, McKenzie, Norton, Reardon and Strowbridge voting nay. 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 16.1 Demolition of the Structurally Unsound and Dangerous Building at 167 -171 Prince William Street, PID 11486 On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report M &C 2014:67: Demolition of the Structurally Unsound and Dangerous Building at 167 -171 Prince William St., PID 11486 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 167 -171 Prince William Street, PID #11486 and cleanup of the premise. All work will be carried out in accordance with the applicable City purchasing policies. Question being taken, the motion was carried. 17. Committee of the Whole 17.1 Lifeguard Contract with Maritime Daytripping On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that as recommended by the Committee of the Whole, Common Council authorize the Commissioner of Transportation and Environment Services to give written notice to Maritime Daytripping Inc. in order to terminate immediately the Lifeguard Services Agreement dated June 10, 2013 between The City of Saint John and Maritime Daytripping Inc. and that Common Council authorize the issuance of a Request for Proposals for the lifeguard services to provide safety supervision to the public who attend the Dominion Park, Little River Reservoir, Fisher Lake and Lily Lake beaches for the year 2014. Question being taken, the motion was carried. 18. Adjournment On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the Common Council meeting of May 12, 2014 be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 8:55 p.m. n. 98- COMMON COUNCIL /CONSEIL COMMUNAL MAY 12, 2014/LE 12 MAI 2014 Mayor / maire Common Clerk / greffier communal REPORT TO COMMON COUNCIL M &C2014 -69 May 16, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: e The Cary of Saint )ohn SUBJECT: Contract 2013 -22: Prince William Street (Princess Street to Duke Street) — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction BACKGROUND As Council is aware, funding was approved in the 2014 General Fund and Water & Sewerage Utility Fund Capital Programs for the design and reconstruction of Prince William Street from Princess Street to Duke Street. The work has just started and generally involves the renewal of the existing watermain and sanitary sewer, installation of a new storm sewer for separation, relocation of the overhead utilities to underground, removal of an abandoned heating tunnel and road reconstruction consisting of new granite curbing, concrete sidewalk, brick median, new roadway granulars and asphalt and landscaping. ANALYSIS Saint John Energy is the primary utility that supplies and installs the wiring and related equipment necessary to convert the above ground utilities to underground. Saint John Energy is providing the necessary design, management and administration of the conversion of the utility from above ground to underground, including the conversion of all low voltage services and the supply and installation of new decorative aluminum street light poles. Saint John Energy has provided an estimate for the City's portion of the cost to relocate the services from above ground to underground. The utility carries out the necessary work under Purchase Orders issued by the City of Saint John. FINANCIAL IMPLICATIONS Saint John Energy will be participating in the reconstruction of Prince William Street by covering the costs for the conversion of the overhead high voltage line to underground, estimated at $185,000. The City is responsible for the costs associated with the conversion of the low voltage services and the supply and installation of the street lights, estimated at $127,124.97 10 M &C2014 -69 May 16, 2014 Page 2 including HST. This amount was included in the budget analysis completed at the time of tender award for the project. A copy of a letter from Saint John Energy outlining these costs has been attached to this report. RECOMMENDATION It is recommended that Common Council authorize Materials Management to issue a Purchase Order to Saint John Energy in the amount of $127,124.97 including HST to proceed with the work as outlined in this report. Respectfully submitted, Kevin O'Brien, P. Eng. Municipal Engineer Wm. Edwards, P. Eng. Commissioner Transportation & Environment 11 Brian Keenan, P. Eng. Engineering Manager J. Patrick Woods, CGA City Manager Saintjohn October 29, 2013 Mr, Brian Keenan, P.Eng. City of Saint John PO Box 1971 Saint John, NB E21- 4t-1 Re: Prince William Street Reconstruction Dear Brian: cz431�� The Power Commission of the City of Saint john 235 Simms Street - PO Box 850 - Saint John - NB - E2M 3L6 Saint John Energy will be participating in the reconstruction of Prince William Street to the amount of $185,000.00 as approved by our Board for the 2014 budget year. The approved amount entails Saint John Energy's cost to convert the overhead high voltage line to underground from Princess Street to Duke Street along Prince William Street, as per the City's limits of contract. Saint John Energy's contribution encompasses all material, labour, engineering and project management costs in the above amount. Costs that are excluded from Saint John Energy's contribution that require a purchase order are as follow: Conversion of services (including material & labour) = $56,380.84 + tax Street lighting (including material & labour) _ $56,119.13 + tax All civil costs for this conversion are assumed to be by the City of Saint John as in previous street conversions. It is our understanding that the City has the estimated civil costs. Please give me a call if you have any questions regarding this project. Yours truly, Ray Robinson, P.Eng. President & CEO Cc: Darin Lamont Jeffrey Evans Bill Edwards �s Kevin O'Brien Tel (506) 658 -5252 - Tall Free - 1 -877- 907 -5550 - fax (506) 658 -0868 — www.sjenergy.com 12 REPORT TO COMMON COUNCIL M &C2014 -70 May 16, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: The City of Saint john SUBJECT: Contract No. 2014 -4: — Rodney Street (Watson to Lancaster) — Watermain, Sanitary and Storm BACKGROUND The approved 2013 & 2014 Water & Sewerage Utility Fund and 2014 General Fund Capital Programs include funding for new watermain, sanitary sewer, and storm sewer along Rodney Street between Watson Street and Lancaster Street. TENDER RESULTS Tenders closed on May 14, 2014 with the following results, including HST: 1. Galbraith Construction Ltd., Saint John, NB 2. Fairville Construction Ltd., Saint John, NB 3. Midi Construction Ltd., Saint John, NB 4. Terraex Inc., Saint John, NB 5. Gulf Operators Ltd., Saint John, NB 6. MaGuire Excavating Ltd., Saint John, NB 7. Keel Construction Ltd., Grand Bay - Westfield, NB The Engineer's estimate for the work was $659,500. ANALYSIS $521,308.55 $539,704.95 $551,099.87 $570,876.00 $677,799.46 $684,633.67 $699,591.76 The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low Tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2013 & 2014 Water & Sewerage Utility Fund and 2014 General Fund Capital Programs. Assuming award of the Contract to the low 13 M &C2014 -70 May 16, 2014 Page 2 tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. The analysis is as follows: Budget $923,500 Project net cost $545,800 Variance (Surplus) $377,700 POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract No. 2014 -4: Rodney Street (Watson to Lancaster) — Watermain, Sanitary and Storm be awarded to the low Tenderer, Galbraith Construction Ltd., at the tendered price of $521,308.55 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, David Russell, P. Eng. Municipal Engineer / 4 1/0 1 �?15 �, I -, - Wm. Edwards, P. Eng. Commissioner Transportation and Environment 14 5c Brian Keenan, P. Eng. Engineering Manager J. Patrick Woods, CGA City Manager REPORT TO COMMON COUNCIL M &C2014 -72 May 19, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: r1i h, The City of saint john SUBJECT: Public Information Session Honeysuckle/Sherbrooke Drainage Basin Storm Sewer improvements Phase 2 PURPOSE The purpose of this report is to inform Council of a Public Information Session that will be held in relation to the Honeysuckle /Sherbrooke Drainage Basin Storm Sewer Improvements Phase 2, and to update Council on the status of the project. BACKGROUND The approved General Fund Capital Programs include projects for the design and construction of Honeysuckle/Sherbrooke Drainage Basin Storm Sewer Improvements Phase 2. The project includes the renewal of sections of existing sanitary sewer and installation of new storm sewer on Sand Cove Road, Young Street, Lawrence Street, Cushing Street, Ontario Street, Sherbrooke Street, Lewin Avenue, Montreal Avenue and Molson Avenue. An Underground Stormwater Detention System will be constructed on City property near the intersection of Sand Cove Road and Sherbrooke Street. ANALYSIS Staff looks forward to the tender closing in early June, 2014. Construction in 2014 is expected to begin in late June and continue until the end of October. Given this is a large project an allowance will be made in the contract for a portion of the work to be completed by July 2015. This is a major project that will impact the local area during construction. It is for this reason that staff have decided to hold a Public Information Session to allow local residents and business owners an opportunity to view the project design drawings, ask questions and give their feedback. The Public Information Session will be held at the Seawood School at 859 Sand Cove Road on Thursday, May 29, 2014, from 2 -4 p.m. and 6-8 p.m. This report is being provided for the information of Council and to extend an invitation to any Councilors who may wish to attend the Public Information Session. 15 M &C2014 -72 May 19, 2014 Page 2 The Public Information Session will be advertised and a copy of the attached notice will be delivered door to door in the project area. RECOMMENDATION It is recommended that this report be received and filed. Respectfully submitted, k 11 "1 Michael Barer, P.Eng. Municipal Engineer Wm. Edwards, P.Eng. Commissioner Transportation & Environment 16 Brian Keenan, P.Eng. Engineering Manager J. Patrick Woods, CGA City Manager PUBLIC INFORMATION SESSION SAND COVE ROAD, YOUNG STREET, LAWRENCE STREET, CUSHING STREET, ONTARIO STREET, SHERBROOKE STREET, LEWIN AVENUE, MONTREAL AVENUE AND MOLSON AVENUE The City of Saint John will be undertaking the renewal of various sections of underground municipal infrastructure on Sand Cove Road, Young Street, Lawrence Street, Cushing Street, Ontario Street, Sherbrooke Street, Lewin Avenue, Montreal Avenue and Molson Avenue. The project includes the renewal of sections of the existing sanitary sewer, installation of a new storm sewer, construction of an Underground Storm Water Detention System and asphalt restoration within the construction limits. The project is planned to begin in late June, 2014 and is expected to be completed by the end of July, 2015. However, the majority of the work is expected to be completed prior to the paving deadlines in late October 2014. Prior to construction, another notice will be distributed to inform residents and business owners of the actual construction schedule. Representatives from the City of Saint John and the project design team from Dillon Consulting Limited will be available to answer questions related to the project. The public is invited to attend an information session on this project on the following date and times: DATE: Thursday, May 29, 2014 PLACE: Seawood School, 859 Sand Cove Road TIME: 2:00 p.m. — 4:00 p.m. and 6:00 p.m. — 8:00 p.m. For further information about this project, contact the Consultant, Dillon Consulting Limited, at (506) 633 -5000 or the City of Saint John Transportation and Environment Services at (506) 658 -4455. 17 REPORT TO COMMON COUNCIL M & C — 2014 -74 May 21, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Printing Service Agreement with Saint John Energy for the Production of Saint John Water Billings, Employee and Retiree Payroll Advices and Employee T4's BACKGROUND: City of Saint John Since July 2003, the City of Saint John has utilized the printing services of Saint John Energy for the mailing and production of Saint John Water customer billings and our employee annual T4's, as well as the printing of employee and retirees weekly pay advices. ANALYSIS This resulting partnership between Saint John Energy and the City of Saint John has worked very well. Since 2003, the City has been highly satisfied with the services received under this partnership. The purpose of the attached agreement is to formally renew the terms between the parties for the ongoing delivery of these printing and mailing services. INPUT FROM OTHER SOURCES The preliminary draft of the attached agreement was reviewed by the City Solicitor and all issues raised have been addressed in this final draft. im M &C- 2014 -74 -2- May 21, 2014 FINANCIAL IMPLICATIONS The proposed Service Fees over 4 years are as follows: Service Description Expired Year 1 Year 2 Year 3 Year 4 Contract Canada Post - high density presort Incentive Lettermail TM - rate 0.48 0.68 0.65 0.68 0.68 Water and per unit (subject to change Sewerage without notice) Invoices Service Fee Per Unit 0.283 0.233 0.238 0.242 0.247 Setup Fee (if current format 960.00 960.00 960.00 960.00 960.00 significantly altered) Service Fee Per Unit 0.216 0.266 0.271 0.276 0.282 Canada Post - high density Pay presort Advices Incentive Lettermail TM -rate 0.48 0.68 0.68 0.68 0.68 per unit (subject to change without notice) Setup Fee (if current format 960.00 960.00 960.00 960.00 960.00 significantly altered) Canada Post - Lettermail TM_ rate per unit (subject to change 0.52 0.80 0.80 0.80 0.80 without notice) T4's and Service Fee Per Unit 0.216 0.248 0.253 0.258 0.263 T4A's Setup Fee (if current format 960.00 960.00 960.00 960.00 960.00 significantly altered) Annual Set -up Cost (Time and 92684 945.84 964.63 985.31 Materials) Extra Price dependent on customer's specific requirements. Will quote on request. Inserts The cumulative financial impact of Saint John Energy's proposed 4 year renewal over the previous expired contract excluding postage costs reflects minimal increase year over year. 19 M &C- 2014 -74 -3- May 21, 2014 RECOMMENDATIONS It is recommended that Common Council approve the Printing Service Agreement with Saint John Energy and that the Mayor and Common Clerk be authorized to sign this agreement for the continuation of printing and mailing services of Saint John Water billings and employee T4's, as well as the printing of weekly employee and retiree's pay advices Respectfully submitted, Gregory J. Yeomans, CGA, MBA Commissioner of Finance J. Patrick Woods, CGA City Manager 20 THIS PRINTING SERVICE AGREEMENT made in triplicate this day of 12014. BETWEEN: THE POWER COMMISSION OF THE CITY OF SAINT JOHN, a Commission established by resolution of Common Council of the City of Saint John in 1922, pursuant to the terms of the New Brunswick Electric Power Act 1920, 10 George V c. 53, hereinafter called the "Saint John Energy ", OF THE FIRST PART, -and - THE CITY OF SAINT JOHN, having its offices at the City Hall Building 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, Saint John Energy in the course of its activities as provided for in The New Brunswick Electric Power Act, 1920 (10 Geo. V c.53 as amended), the "Power Act ", has acquired a printing facility in order to produce and process material necessarily incidental to its operation, such as invoice, payroll and other financial documents; and WHEREAS, the capacity of the printing facility referred to in the immediately preceding recital is greater than is presently required by Saint John Energy; and WHEREAS, Saint John Energy and the City have agreed that it would be mutually beneficial to utilize a portion of the excess capacity of the aforesaid printing facility to provide printing and related services to the City; and 21 WHEREAS, Saint John Energy is obliged pursuant to the provisions of the Municipalities Act, R.S.N.B 1973, Chapter M -22, and amendments thereto, to deliver its services on a user -pay basis as is more fully described therein; and WHEREAS, Saint John Energy and the City have further agreed that the printing and related services to be delivered to the City as set out herein shall be provided on a cost recovery basis with "cost" being comprised of the projected material, labour, maintenance, security and depreciation cost to Saint John Energy directly attributable to the provision to the City of the aforesaid services, so that in doing so no financial burden will be borne by the customers of Saint John Energy. WHEREAS, the Common Council on May 26, 2014 resolved: (a) that the City enter into a Printing Service Agreement with Saint John Energy in the form as attached to M &C # 2014 -74 for the printing and mailing services of Saint John Water billings and employees T4's, as well as the printing of weekly and monthly pay advices; and (b) that the Mayor and Common Clerk be authorized to execute the Agreement. 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: Definitions The terms defined in this clause shall for all purposes of this Agreement have the meanings specified unless the context otherwise specifies or requires- 1 (1) "Address List" means the list supplied by the City containing the names and addresses to which the City wishes to be delivered; 1(2) "Applicable Laws" mean all applicable requirements, laws, statutes, codes, acts, ordinances, orders, decrees, injunctions, by- laws, rules, regulations, official plans, permits, licences, authorizations, directions, and agreements with all authorities that now or at any time hereafter may be applicable to either this Agreement or any part of them; 1(3) "Authorized Users" include the Commissioner of Finance and Corporate Services, Comptroller and Assistant Comptroller(s); 22 1(4) "Business Day" means a day other than a Saturday, Sunday or statutory holiday in the Province of New Brunswick; 1(5) "City" means The City of Saint John; 1(6) "City Address" means 15 Market Square, P.O. Box 1971, Saint John, New Brunswick, E21- 41-1, Telephone: 506 - 658 -2951, Fax: 506 - 649 -7901; 1(7) "City Confidential Information" means all information of the City that is of a confidential nature, including all confidential information in the custody or control of the City, regardless of whether it is identified as confidential or not, and whether recorded or not, and however fixed, stored, expressed or embodied, which comes into the knowledge, possession or control of Saint John Energy in connection with this Agreement. For the purposes or greater certainty and without limiting the generality of the foregoing, City Confidential Information shall: (a) Include: (i) all new information derived at any time from any such information whether created by the City, Saint John Energy or any third party; (ii) all information (including personal information) that the City is obliged, or has the discretion, not to disclose under provincial or federal legislation; (b) Not include information that: (i) is or becomes generally available to the public without fault or breach on the part of Saint John Energy of any duty of confidentiality owed by Saint John Energy to the City or to any third party; (ii) Saint John Energy can demonstrate to have been rightfully obtained by Saint John Energy, without any obligation of confidence, from a third party who had the right to transfer or disclose it to Saint John Energy free of any obligation of confidence; or 23 (iii) Saint John Energy can demonstrate to have been rightfully known to or in the possession of Saint John Energy at the time of disclosure free of any obligation of confidence when disclosed; 1(8) "City Representative" means a representative from the Finance Department of the City of Saint John; 1(9) "Common Council" means the elected municipal council of the City; 1(10) "Mail" means the postal delivery system operated by Canada Post Corporation; 1(11) "Message" means the text and data supplied by the City to Saint John Energy which may have some variable content but is formatted in an identical manner; 1(12) "Printing Request" means invoice printing (single side) and insertion into delivery envelope along with a return envelope, if required by City. Pay stub printing (single side) and insertion into delivery envelope; 1(13) "Saint John Energy" means The Power Commission of The City of Saint John, located at 325 Simms Street, P. O. Box 850, Saint John, New Brunswick, Telephone: 506 - 658 -5252, Fax: 506 -658- 0868; 1(14) "Saint John Energy's Representative" means a representative from the Finance Department of Saint John Energy; 1(15) "Services" mean those services as set out in this Agreement and any additional services agreed between the parties in writing; 1(16) "Services Fees" mean the applicable costs or rates specified in the fee schedule section of this Agreement to be paid by the City; 1(17) "Term" means the term of this Agreement as set out in Section 3; and 1(18) "Unit" means an individual delivery envelope containing an invoice or pay stub or T4 -T4A. 24 General Term 2(1) The City hereby agrees to retain Saint John Energy to provide the City with the Services and Saint John Energy hereby agrees to provide the Services to the City, all in accordance with the provisions of this Agreement. 2(2) All references to the City are deemed to include the City's Authorized Users as agents for the City and any actions taken by such Authorized Users are deemed to be the actions of the City. The Authorized Users have an administrative role and authority for the City of Saint John but cannot act on behalf of Council in altering this Agreement. The City shall require that each Authorized User abide by this Agreement. 3(1) The term of this Agreement shall be four (4) years, commencing on June 1, 2014 and terminating at midnight on May 31, 2018, unless otherwise terminated in accordance with the provisions thereof. 3(2) This Agreement may be extended for one (1) additional period of four (4) years upon written notification by the City and acceptance by Saint John Energy prior to May 1, 2018. Such renewal period is subject to review of costs of services, if applicable. Scope of Services Fees 4(1) Saint John Energy shall perform the Services as set out in this Agreement which include, but are not limited to the following: (a) Providing printing services for all water and sewerage customers of the City; (b) Providing printing services for all pay stubs and T4's of the employees of the City; and (c) Providing any other services agreed between the parties. 4(2) Saint John Energy shall perform these Services under the general direction and control of the Authorized Users and with all due and reasonable diligence, professional skills and competence. 5(1) The City shall pay to Saint John Energy the fees in accordance with the following: 25 (a) The applicable postage and Services Fees plus all applicable taxes, net 45 days from the date of the invoice; (b) The Services Fees are as follows: 5(2) The Services Fees to be paid by the City for the Services performed hereunder shall be exclusive of any applicable sales taxes. 5(3) With respect to any invoice submitted by Saint John Energy, the City may, without triggering a default under this Agreement, withhold from any payment otherwise due: (a) any amount incorrectly invoiced, provided that the City Representative or the City timely informs Saint John Energy in writing of the amounts alleged to be incorrectly invoiced and the basis for any such assertion for review, resolution and rebilling purposes; or (b) any amount in dispute. 26 Year 1 Year 2 Year 3 Year 4 Customer Canada Post - high density presort $0.68 $0.68 $0.68 $0.68 Water and Incentive LettermailTM - rate per unit Sewerage (subject to change without notice) Invoices Service Fee per unit $0.233 $0.238 $0.242 $0.247 Set -up Fee (if current format $960.00 $960.00 $960.00 $960.00 significantly altered) Customer Canada Post - high density presort $0.68 $0.68 $0.68 $0.68 Pay Stubs Incentive LettermailTM - rate per unit subject to change without notice) Service Fee per unit $0.266 $0.271 $0.276 $0.282 Set -up Fee (if current format $960.00 $960.00 $960.00 $960.00 significantly altered Customer T4 Canada Post LettermailTm rate per $0.80 $0.80 $0.80 $0.80 and T4A's unit subject to change without notice Service Fee per unit $0.248 $0.253 $0.258 $0.263 Annual Set -up Cost (Time and $926.84 $945.84 $964.63 $985.31 Materials Set -up Fee (if current format $960.00 $960.00 $960.00 $960.00 significantly altered Extra Inserts Price dependent on customer's specific requirements. Will quote on request. 5(2) The Services Fees to be paid by the City for the Services performed hereunder shall be exclusive of any applicable sales taxes. 5(3) With respect to any invoice submitted by Saint John Energy, the City may, without triggering a default under this Agreement, withhold from any payment otherwise due: (a) any amount incorrectly invoiced, provided that the City Representative or the City timely informs Saint John Energy in writing of the amounts alleged to be incorrectly invoiced and the basis for any such assertion for review, resolution and rebilling purposes; or (b) any amount in dispute. 26 5(4) Unless the City has notified Saint John Energy in writing within 30 days of any errors in the statement of account or the invoice /transaction records, then they shall be deemed to be complete and correct. 5(5) The City agrees to pay interest on unpaid amounts at the rate of 1- 1/2 percent per month (19.56% per year) calculated from the date of the applicable invoice. 5(6) Saint John Energy is not obliged to extend any credit to the City. Obligations and Responsibilities of Saint John Energy 6(1) Upon the initial creation of a new Message by the City or message format, Saint John Energy, at its own expense, shall: (a) Provide a copy or proof of the printed Message to the City to ensure that the printed Message is satisfactory in all respects; (b) Cause the customer's Message to be printed on stationery, addressed, enveloped and introduced into the Mail delivery system for the City's water and sewerage invoices; (c) Cause the Message to be printed on stationery, addressed, enveloped and delivered to a specified location for the City pay - stubs, in either case in accordance with the Schedule of Production Details attached hereto as Schedule "A "; (d) Not alter the content, size, weight, packaging, file format or other requirements of the City's Printing Request without prior written notice and acceptance by the City; (e) Unless otherwise agreed will supply stationery as outlined in the Schedule "A ", and (f) Purchase stationery in quantities not less than 100,000 units of each type. If the City requests that Saint John Energy alter the type of stationery from that set out in the Schedule "A ", the City shall pay Saint John Energy the cost and take possession of the balance of unused stationery. The City shall pay Saint John Energy for any stationery remaining upon completion or termination of this agreement. Obligations and Responsibilities of the City 7(1) The City, at its own expense, through its Finance Department, shall: 27 (a) Deliver the electronic Message and Address List to a file transfer protocol (FTP) site, as specified by Saint John Energy; (b) Deliver any customer provided custom stationery to Saint John Energy's office at 325 Simms Street, Saint John, New Brunswick; (c) Format the electronic Message and Address List in accordance with an approved Saint John Energy file specifications as established from time to time; (d) Not alter the size, weight, packaging, file format or other requirements of their Printing Request without prior written notice and acceptance by Saint John Energy; (e) Ensure that all information and materials required by Saint John Energy to print the Message (including but not limited to the Message, Address List, custom stationery) shall be received by Saint John Energy on the agreed date and time as presented in the Schedule "A" contained in this Agreement or production will be re- scheduled at the next available opportunity; (f) Achieve, by commencement of this Agreement and maintain thereafter, a 95% address accuracy rate, in accordance with Canada Post's preferred rate address accuracy requirements; (g) Ensure that the monthly "metered" customers and the bi- annual "flat rate" customers are not requested for printing in the same week; and (h) Ensure that all items must comply with the requirements set out in this Agreement and all documents referenced therein, subject to any amendments and that items not complying with these requirements may not be processed under this Agreement. Failure to Perform 8(1) Should Saint John Energy fail for any cause whatever to perform the Services provided for by this Agreement, or fail to perform the Services in a manner satisfactory to the City, then, in either case, all payments by the City to Saint John Energy shall cease as of the date of such failure, and the City may appoint its officials, or any other person or persons in the place of Saint John Energy to perform the Services and Saint John Energy shall have no claim against the City except for the Services which has been performed by Saint John Energy under this Agreement up to the time of such failure, without further liability, penalty or obligation to the City under this Agreement, and subject to any amounts that have already been paid to Saint John Energy. Dismissal and Termination 9(1) In the event that the City is dissatisfied with the Services performance by the Saint John Energy or that Saint John Energy does not comply with the specifications and the terms and conditions of this Agreement, the parties agree that the City may dismiss Saint John Energy at any time, with or without cause, on thirty (30) days' prior written notice. Saint John Energy will accept payment for Services performed to the date of dismissal on a pro -rated basis in accordance with the provisions of this Agreement, in full satisfaction of any and all claims under this Agreement, without further liability, penalty or obligation to the City under this Agreement, and subject to any amounts that have already been paid to Saint John Energy. 9(2) This Agreement may be terminated by the City upon thirty (30) days' written notice to Saint John Energy of the City's intention to terminate the same. 9(3) In the event of termination of this Agreement by the City, the City shall within forty -five (45) Business Days of termination pay Saint John Energy, all services rendered by Saint John Energy up to the date of termination, in accordance with the payment provisions set out in this Agreement, without further liability, penalty or obligation to the City under this Agreement, and subject to any amounts that have already been paid to Saint John Energy. Confidential Information 10(1) During and following the Term, Saint John Energy shall: (a) Keep all City Confidential Information confidential and secure; (b) Limit the disclosure of City Confidential Information to only those employees, directors, partners, officers, agents, representatives, advisors or subcontractors who have a need to know it in order for Saint John Energy to perform the Services hereunder; (c) Not directly or indirectly disclose, destroy, exploit or use any City Confidential Information (except for the purpose of providing the Services, or except if required by order of a court or tribunal having jurisdiction), without first obtaining: (i) The written consent of the City; and 29 (ii) In respect of any City Confidential Information relating to any third party, the written consent of such third party; (d) Provide City Confidential Information to the City on demand; and (e) Return all City Confidential Information to the City on or before the termination or expiry of the Term, with no copy or portion kept by Saint John Energy. Saint John Energy shall ensure that those of its directors, officers, employees, agents, partners, representatives, advisors or subcontractors who have been provided with City Confidential Information will keep all City Confidential Information confidential and secure in accordance with the requirement of this Agreement and that all such City Confidential Information be returned to the City before the termination or expiry of the Term. 10(2) Saint John Energy shall not copy any City Confidential Information, in whole or in part, unless copying is essential for the provision of the Services. 10(3) Saint John Energy acknowledges that breach of any provisions of this Section 10 may cause irreparable harm to the City or to any third party to whom the City owes a duty of confidence, and that the injury to the City or to any third party may be difficult to calculate and inadequately compensable in damages. Saint John Energy agrees that the City is entitled to obtain injunctive relief (without proving any damage or harm sustained by it or by any third party) or any other remedy against any actual or potential breach of the provisions of this Section 10. 10(4) If Saint John Energy or any of its directors, officers, employees, agents, representatives, advisors or subcontractors becomes legally compelled to disclose any City Confidential Information, Saint John Energy will provide the City with prompt notice to that effect in order to allow the City to seek one or more protective orders or other appropriate remedies to prevent or limit such disclosure, and it shall co- operate with the City and its legal counsel to the fullest extent. If such protective orders or other remedies are not obtained, Saint John Energy will disclose only that portion of City Confidential Information which Saint John Energy is legally compelled to disclose, only to such person or persons to whom Saint John Energy is legally compelled to disclose, and Saint John Energy shall provide notice to each such recipient (in co- operation with legal counsel for the City) that such City Confidential Information is confidential and subject to non - disclosure on terms and conditions equal to those contained in this Agreement. 30 10(5) Saint John Energy will take all reasonable steps to ensure the confidentiality of the City's Confidential Information while in their possession. Specifically, (a) Saint John Energy will ensure that pay stub Messages are in the presence of an authorized employee, in a restricted access area, while being printed, packaged and sealed; (b) That water and sewerage Messages are in a restricted access area, while being printed, packaged and sealed; (c) That all completed and packaged Messages will be held in a restricted access area until delivery by an authorized delivery service, to either the Mail, in the case of water and sewerage Messages, or the designated location at City Hall, in the case of pay stub Messages; and (d) That all electronic files are deleted after completion of the customers Printing Request. 10(6) The provisions of this Section 10 shall survive any termination or expiry of this Agreement. Remedies 11 (1) Subject to Sections 16 and 17 hereof, upon default by any party under any terms of this Agreement, and at any time after the default, any party shall have all rights and remedies provided by law and by this Agreement. 11(2) No delay or omission by the parties in exercising any right or remedy shall operate as a waiver of them or of any other right or remedy, and no single or partial exercise of a right or remedy shall preclude any other or further exercise of them or the exercise of any other right or remedy. Furthermore, any parties may remedy any default by the other party in any reasonable manner without waiving the default remedied and without waiving any other prior or subsequent default by the defaulting party. All rights and remedies of any party granted or recognized in this Agreement are cumulative and may be exercised at any time and from time to time independently or in combination. Indemnification 12(1) Subject to clause 12(2) hereof, but notwithstanding any other clauses herein, Saint John Energy shall indemnify and save harmless the City from all damages, costs, claims, demands, actions, suits or other proceedings by whomsoever claimed, made, brought or prosecuted in any 31 manner and whether in respect of property owned by others or in respect of damage sustained by others based upon or arising out of or in connection with the performance of this Agreement or anything done or purported to be done in any manner hereunder, but only to the extent that such damages, costs, claims, demands, actions, suits or other proceedings are attributable to and caused by Saint John Energy's negligence, errors or omissions. 12(2) In no event shall Saint John Energy be obligated to indemnify the City in any manner whatsoever in respect of any damages, costs, claims, demands, actions, suits or other proceedings caused by the negligence of the City, or any person for whom the City is responsible. 12(3) Saint John Energy will not be held liable for any failure of the postal system once the City's Printing Request has been delivered to the Mail. In no event shall Saint John Energy be liable for any indirect, special, incidental or consequential damages, even if Saint John Energy has been advised of the possibility thereof. Assignment of Agreement 13 This Agreement cannot be assigned by Saint John Energy to any other service provider without the express written approval of the City. Performance 14 All parties agree to do everything necessary to ensure that the terms of this Agreement take effect. Non - Performance 15 The failure on the part of any parties to exercise or enforce any right conferred upon it under this Agreement shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter. Mediation 16(1) All disputes arising out of, or in connection with, this Agreement, or in respect of any legal relationship associated with or derived from this Agreement, shall be mediated upon the willingness of all parties. Despite an agreement to mediate, a party may apply to a court of competent jurisdiction or other competent authority for interim measures of protection at any time. 32 16(2) The place of mediation shall be the City of Saint John and Province of New Brunswick. Arhifrnfinn 17(1) In the event that the parties are unwilling to mediate their dispute and that the dispute between the parties remain unresolved, then either the City or Saint John Energy, upon written notice to the other, may refer the dispute for determination to a Board of Arbitration consisting of three persons, one chosen by and on behalf of the City, one chosen by and on behalf of Saint John Energy and the third chosen by these two. In case of failure of the two arbitrators appointed by the parties hereto to agree upon a third arbitrator, such third arbitrator shall be appointed by a Judge of the Court of Queen's Bench of New Brunswick. 17(2) Any determination made by the Board of Arbitration shall be final and binding upon the parties and the cost of such determination shall be apportioned as the Board of Arbitration may decide. 17(3) No one shall be appointed or act as arbitrator who is in any way interested, financially or otherwise, in the conduct of the work or in the business or other affairs of any parties. 17(4) When the City or Saint John Energy seek such arbitration, the applicant shall deposit a security to the amount of One Thousand Dollars ($1,000.00) with Finance Department of the City who is responsible for this Agreement, and such deposit is to be applied to the cost of the arbitration. 17(5) The place of arbitration shall be the City of Saint John and Province of New Brunswick. 17(6) The provisions of the Arbitration Act, S.N.B. 1992, c. A -10.1, and amendments thereto, shall apply to the arbitration. Force Majeure 18(1) Neither party shall be liable for damages caused by delay or failure to perform its obligations under this Agreement where such delay or failure is caused by an event beyond its reasonable control. The parties agree that an event shall not be considered beyond a party's reasonable control if a reasonable business person applying due diligence in the same or similar circumstances under the same or similar obligations as those contained in this Agreement would have put in place contingency plans to materially mitigate or negate the effects of such event. Without limiting the generality of the foregoing, the parties agree that force majeure events 33 Time shall include natural disasters and acts of war, insurrection and terrorism but shall not include shortages or delays relating to supplies or services. 18(2) If a party seeks to excuse itself from its obligations under this Agreement due to a force majeure event, that party shall immediately notify the other party of the delay or non - performance, the reason for such delay or non - performance and the anticipated period of delay or non- performance. If the anticipated or actual delay or non - performance exceeds fifteen (15) Business Days, the other party may immediately terminate this Agreement by giving notice of termination and such termination shall be in addition to the other rights and remedies of the terminating party under this Agreement, at law or in equity. 19 This Agreement shall not be enforced or bind any of the parties, until executed by all the parties named in it. Notices 20(1) Notices shall be in writing and shall be delivered by postage - prepaid envelope, personal delivery or facsimile and shall be addressed to, respectively, the City Address to the attention of the Common Clerk and to Saint John Energy Address to the attention of their Representative. Notices shall be deemed to have been given: (a) in the case of postage - prepaid envelope, five (5) Business Days after such notice is mailed; or (b) in the case of personal delivery or facsimile one (1) Business Day after such notice is received by the other party. In the event of a postal disruption, notices must be given by personal delivery or by facsimile. Unless the parties expressly agree in writing to additional methods of notice, notices may only be provided by the methods contemplated in this paragraph. Reference to Prior Agreement 21 This Agreement supersedes and takes the place of all prior agreements entered into by the parties with respect to the Services as set forth in this Agreement. Amendments 22 No change or modification of this Agreement shall be valid unless it is in writing and signed by all parties. 34 Acknowledgment of Terms and of Entirety 23 It is agreed that this written instrument embodies the entire agreement of the parties with regard to the matters dealt with in it, and that no understandings or agreements, verbal or otherwise, exist between the parties except as expressly set out in this instrument. Further Documents 24 The parties agree that each of them shall, upon reasonable request of the other, do or cause to be done all further lawful acts, deeds and assurances whatever for the better performance of the terms and conditions of this Agreement. Validity and Interpretation 25(1) Paragraph headings are inserted solely for convenience of reference, do not form part of this Agreement, and are not to be used as an aid in the interpretation of this Agreement. 25(2) The failure of the parties to insist upon strict adherence to any term or condition of the Agreement on any occasion shall not be considered a waiver of any right thereafter to insist upon strict adherence to that term or condition or any other term or condition of the Agreement. 25(3) The Schedules to the Agreement form part of and are incorporated into the Agreement as fully and effectively as if they were set forth in the Agreement. Governing Law 26 This Agreement shall be governed by and construed in accordance with the laws of the Province of New Brunswick. Successors, Assigns 27 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 Saint John Energy. Severability 28 It is intended that all provisions of this Agreement shall be fully binding and effective between the parties, but in the event that any particular provision or provisions or part of one is found to be void, voidable or unenforceable for any reason whatsoever, then the particular 35 provision or provisions or part of the provision shall be deemed severed from the remainder of this Agreement and all other provisions shall remain in full force. Independent Legal Advice 29 The parties acknowledge having obtained their own independent legal advice with respect to the terms of this Agreement prior to its execution. Acknowledgment of Receipt of Copy 30 Each of the parties acknowledges receipt of a true copy of this Agreement. IN WITNESS WHEREOF the parties hereto have caused these presents to be executed by their proper officers and The Power Commission of The City of Saint John and The City of Saint John, have caused their corporate seals to be affixed as of the day and year first above written. SIGNED, SEALED & DELIVERED In the presence of: 36 THE POWER COMMISSION OF THE CITY OF SAINT JOHN Per: Raymond R. Robinson, President and CEO Shelley Rinehart, Chairman of the Commission Mayor Common Clerk Common Council Resolution: 2014 PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, Raymond R. Robinson, of the City of Saint John and Province of New Brunswick, MAKE OATH AND SAY: 1. THAT I am the President and CEO of The Power Commission of The City of Saint John, and am authorized to make this affidavit and have personal knowledge of the matters hereinafter deposed to. 2. That the seal of the corporation was affixed to the instrument by order of the Board of Directors of the Commission. 3. THAT the signature "Shelley Rinehart" is the signature of Shelley Rinehart, the Chairman of the Commission, and the signature of "Raymond R. Robinson" subscribed to the foregoing instrument is my signature and in my own proper handwriting. 4. THAT the Chairman and the President are the officers of the Commission duly authorized to execute the foregoing instrument. 5 THAT the said document was executed as aforesaid at the City of Saint John in the Province of New Brunswick on the day of .2014. SWORN TO before me at ) Saint John, in the County of ) Saint John and Province ) of New Brunswick ) the day of ) 2014. 1 Commissioner of Oaths, Raymond R. Robinson, President and CEO 37 Schedule "A" Schedule of Production Details Customer Water and Sewera a Invoices Stationery Supplied by Saint Mailing envelope - #10 double windowed, secure. Invoice paper — 20 lb. white, stub on bottom with micro John Energy: perforation Return envelopes — 6 -1/2 x 3 -5/8 single colour logo and bilingual return address Estimated Printing Request volume and timeframe. Metered customers- Approx. 3,100 invoices bi- monthly, around the 5t" of the month (Message printed on front side only.) Flat rate customers — Approx. 14,100 bi- annually (February, August time frame). (Message Printed on front and back.) Production Timeline Message file to be delivered by customer to specified FTP site by 11:30 a.m. Atlantic Time the day before required mailing. (The bi- annual invoice run may be delivered by the Customer as one file, delivered on Tuesday, or three files delivered Tuesday, Wednesday and Thursday) Saint John Energy to return Message file within four hours of receipt, for approval by customer. Customer to review and give authorization to proceed by 4:30 p.m. Atlantic Time the day on which the file is returned to the customer for authorization. Printing Request will be completed and delivered to the Mail by 4:30 p.m. the Business Day following the delivery of the Message file from the customer, or if one multi -day Message file is received from the customer, by 4:30 p.m. on the third Business Day following receipt of file. Customer Pay Stubs & T4 — T4A's Stationery Supplied by Saint John Delivery envelope - #10 windowed secure, with Energy: return address and loo for pay stubs only). Pay stub paper — 20 lb. white. Estimated Printing Request Approx. 300 pay stubs per week. volume and timeframe. Approx. 700 pay advices for pensioners per month. File received 3rd or 4th week of each month. Approx. 2,100 T4s & T4A's per year. File received in the February timeframe. Production Timeline Message files to be delivered by customer utilizing encrypted e -mail by: every Tuesday at 11:30 a.m. Atlantic Time. Saint John Energy to return Printing Request file within four hours of receipt for Approval by Customer. Printing Request will be completed and delivered to the 12th Floor City Hall Human Resources office, by 4:30 p.m. the Business Day following the delivery of the Printing Request from the customer. T4 — T4A's will be delivered to the Mail. 39 PROCLAMATION WHEREAS: the municipality of Saint John is committed to assisting citizens with disabilities to participate fully in our community, and WHEREAS: many persons living with disabilities face barriers in the areas of employment, access to information, transportation, housing, education, recreation, and WHEREAS: we believe that more citizens with disabilities should have the chance to access disability related supports to improve their opportunities in New Brunswick; and WHEREAS: we support the theme: "The Right Person for the Right Job" NOW THEREFORE: I, Mayor Mel Norton of Saint John.do hereby proclaim the week of June 1st to the 7th, 2014 as Disability Awareness Week in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. .m PROCLAMATION WHEREAS: During the week of June 8th to June 14th, 2014, our historic Port City will host not only its annual three -day Port Days event but will also welcome hundreds of delegates to GreenTech 2014, the annual conference for Green Marine, a voluntary environmental program for the Canadian and American marine industry; and WHEREAS: Green Marine is a transparent and inclusive initiative that addresses nine key environmental issues such as greenhouse gases, pollutant air emissions, dry bulk handling and storage and spill prevention; and WHEREAS: Participants are shipowners, ports, terminals, Seaway corporations and shipyards based in Canada and the United States; and WHEREAS: Green Marine encourages members to reduce their environmental footprint by taking concrete actions. To receive their certification, participants must benchmark their annual environmental performance through exhaustive self - evaluation guides. They also need to have their results verified by an accredited external verifier and agree to publication of their individual results; and WHEREAS: Port Saint John was the first east coast port to join Green Marine, back in 2011, and worked tirelessly to attract this event to the Port City, bringing together leaders in sustainable marine practices along with researchers and scientists from around the continent for the purpose of discussing continuous improvement strategies in the marine industry and moving beyond regulatory compliance to a more sustainable future for both our marine environment and the communities we operate in; and WHEREAS: Port Saint John is Atlantic Canada's largest port by tonnage and strives to continue its excellent record of stewardship of the environment in which it operates. NOW THEREFORE: 1, Mayor Mel Norton, of Saint John do hereby proclaim the week of June 8 to June 14, 2414 Gre n Marine Week in Saint John, New Brunswick. In Witness whereof I have set my hand and affixed the official seal of the Ma City of Saint John. 41 PROCLAMATION WHEREAS: the Greater Saint. John Safe Kids Committee in the City of Saint John, County of Saint John, Province of New Brunswick is concerned about the safety and health of its citizens; and WHEREAS: Safe Kids Week as presented by Greater Saint John Safe Kid's Committee, is dedicated to preventing and reducing all injuries especially those which lead to disability and death in the City of Saint John, the committee wishes to inform citizens that MOST injuries are preventable by looking first before you do something, wearing the proper gear, especially helmets, and getting proper training in whatever you do, and WHEREAS: this year's campaign "Water Safety" encourages each responsible person to take measures to ensure their safety, as well as the safety of others they are responsible for; and that they are fully aware of the possible dangers in and around water; and will take due and diligent care to prevent injuries thru education. WHEREAS: the committee will be holding the 18th annual Safe Kid's Fun Day 8v Expo on Saturday, June 7th, from 10:30am until 2:30pm at the Rockwood Park Kiwanis Pla3i Park; and NOW THEREFORE: I, Manor Mel Nortorf, '` Z of Saint John do hereby proclaim the week of June 7 to J ne 14, 2014 National Safe Kids Week in Saint John, New Brunswic and call upon all citizens and urge everyone to take the time to prepare yourselves and your children to think safety first, this week and every week thereafter. In Witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 42 PROCLAMATION NATIONAL HEALTH AND FITNESS DAY WHEREAS: The Government of Canada wishes to encourage the country's local governments, non - government organizations, the private sector and all Canadians to recognize the first Saturday in June as National Health and Fitness Day and to mark the day with local events and initiatives celebrating and promoting the importance of and use of local health, recreational, sports and fitness facilities; WHEREAS: Saint John is fortunate to have an abundance of recreational parks, trails and beaches that offer natural settings for physical activity. NOW THEREFORE: I, Mayor Mel Norton, " of Saint John do hereby proclaim June 7, 2014, as National Health 8v Fitness Day in the City of Saint John. As a step to increase participation and enhance the health of all Canadians, we commit to mark this occasion with local events and initiatives celebrating National Health and Fitness Day, including: • National Paddling Week - June 6 -15th, featuring safe paddling opportunities on Lily Lake. • Safe Kids Expo - Saturday, June 7th featuring exhibitors with injury prevention information and interactive displays. • MADD's Strides for Change Walk - Saturday, June 7th MADD's annual 5 km walk -a- thon. • Telus Walk to Cure Diabetes - Sunday, June 81h.. • Recreation Your Way - Sunday, June 15, provides an opportunity for people with disabilities to participate with their friends and families in various sports and leisure activities. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 43 V I" 1r THE CITY OF SAINT JOHN NEW BRUNSWICK A By -law Respecting Excavation of Streets in The City of Saint John By -law Number M -18 An uncertified copy of this by -law is available online Arrete concernant les excavations dans les rues de The City of Saint John Arrete numero M -18 .. Une copie non certifiee de Farrete est disponible en ligne TABLE OF CONTENTS Conditions of a Permit Section Description Page Recitals 3 1 Title 3 2 Definitions 4 3 Interpretation 5 4 Excavation Permit Required 7 5 Application for Excavation Permit 7 6 Conditions of a Permit 9 7 Mandatory Nature of Permit 13 3 Conditions Titre 8 Permit Refusal 13 9 Openings on Lands Adjacent to Interpretation 5 Street 14 10 Reinstatement 14 11 Indemnity and Insurance 15 12 Utilities 16 13 Access to Private Property 17 14 Emergencies 18 15 Failure to Obtain Permit 18 16 By -law Not Applicable to City 19 17 Exceptions 19 18 Offences 19 19 Repeal 20 1 45 TABLE DES MATIERES Article Designation Page Preambule 3 1 Titre 3 2 Definitions 4 3 Interpretation 5 4 Obligation d'obtenir un permis d'excavation 7 5 Demande de permis d'excavation 7 6 Conditions afferentes au permis 9 7 Nature mandatoire des 13 conditions de permis 8 Droit de refuser le permis 13 9 Cavites pratiquees sur des terrains adjacents a une rue 14 10 Restauration 14 11 Indemnisation et assurance 15 12 Entreprises de services publics 16 13 Acces aux proprietes privees 17 14 Urgences 18 15 Defaut d'obtenir un permis 18 16 Immunite de la municipalite 19 17 Exceptions 19 18 Infractions 19 19 Abrogation 20 45 Schedule A Fees Annexe A Droits exigibles Schedule B Indemnity Annexe B Indemnite ., 3 RECITALS PREAMBULE Attendu : 1. WHEREAS the public holds a right to 1. que le public a le droit d'utiliser les use and travel over the public Streets; RUES publiques et de se deplacer sur celles -ci; 2. AND WHEREAS The City of Saint John deems it advisable to pass this by -law because it will establish standards to regulate the manner in which a person may enter on and break up any public Street so as to not unduly interfere with the said public's right ; 3. AND WHEREAS section 7 of the Municipalities Act authorizes municipalities to make by -laws respecting Streets; 4. AND WHEREAS Pursuant to paragraph 100(1)(a) of the Municipalities Act, a person who violates any provision of a by -law commits an offence and is liable on conviction to a fine; 2. que The City of Saint John juge opportun de prendre le present arrete destine a reglementer la maniere par laquelle une personne pourra s'introduire dans une RUE publique et la creuser sans porter indument atteinte a ce droit du public; 3. que I'article 7 de la Loi sur les municipalites autorise les municipalites a prendre des arretes concernant les RUES; 4. que, par 1'effet de l'alinea 100(1)a) de la Loi sur les municipalites, une personne qui contrevient a une disposition quelconque d'un arrete commet une infraction et est passible d'une amende sur declaration de culpabilite; 5. AND WHEREAS Notice of this By -law and of the Common Council meeting at 5. which this By -law was discussed were provided in accordance with the provisions of the Municipalities Act; NOW THEREFORE, the Common Council of The City of Saint John, under authority vested in it by Section 7 of the Municipalities Act, enacts as follows: Title qu'avis du present arrete et de la reunion du conseil communal a laquelle it a ete debattu a ete donne conformement a la Loi sur les municipalites, A ces causes, en vertu des pouvoirs que lui confere I'article 7 de la Loi sur les municipalites, le conseil communal de The City of Saint John edicte : Titre 1 This By -law may be cited as the "Street 1 Excavation By -law." 47 Le present arrete peut titre cite sous le titre : Arrete sur les excavations dans les rues. 0 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. Where any word appears in ordinary case, its regularly applied meaning in the English language is intended. "Access" means an entry, exit or driveway from a Street to a lot. (acces) "Applicant" means any person making written application to the Commissioner for an excavation permit hereunder; (requerant) "Business Day" means any day that is not a Saturday, Sunday or statutory holiday in the Province of New Brunswick (jour ouvrable) "City" means The City of Saint John; (municipalite) "Commissioner" means the Commissioner of Transportation and Environment Services of the City or his designate; (commissaire) "Excavation" means (a) any act, operation or process by which the Surface and /or underlying material of a Street is cut into, dug, uncovered, removed or displaced, or (b) an opening produced by an act, operation or process referred to in clause (a), as the case may be. (excavation) "Excavation Investigation Fee" means an additional fee collected by the City to recover the costs associated with the investigation and notification to persons responsible for unauthorized Definitions 2 Dans le present arrete, les termes en petites majuscules sont employes au sens defini au present article, les autres mots ayant leur sens ordinaire en frangais. «ACCES » une entree, une sortie, une allee qui lie une rue a un lot (Access) COMMISSAIRE » Commissaire aux services de transport et environnement de la MUNICIPALITE ou son representant. (Commissioner) DROIT DE DETERIORATION DE LA CHAUSSEE » Droit supplementaire perqu par la MUNICIPALITE en recouvrement des frais afferents a la reduction de la duree de vie de la chaussee imputable aux EXCAVATIONS et aux intrusions pratiquees dans la SURFACE de la chaussee. (Pavement Degradation Fee) DROIT D'EXAMEN D'EXCAVATIONS Droit supplementaire perqu par la MUNICIPALITE en recouvrement des frais afferents a 1'examen d'EXCAVATIONS non autorisees pratiquees dans une RUE ou un TROTTOIR et a la notification des responsables de ces travaux. (Excavation Investigation Fee) ENTREPRISE DE SERVICES PUBLICS » Personne physique ou morale ou regie qui est proprietaire, exploitante, gestionnaire ou qui a le controle d'une entreprise d'approvisionnement du public en eau, electricite, services de telecommunication, gaz nature) ou autres gaz a usage combustible. ( Utility) EXCAVATION » Selon le contexte : a) operation relative au coupage, au creusage, au decapement, a 1'enlevement ou wl Excavations in the Street or Sidewalk; (droit d'examen d'excavations) "Pavement Degradation Fee" means an additional fee collected by the City to recover the costs related to a reduction in pavement life due to Excavations and intrusions in the pavement Surface; (droit de deterioration de la chaussee) "Sidewalk" means that portion of a highway or Street between the curb lines of the lateral lines of a roadway, and the adjacent property lines set apart for the use of pedestrians, and includes any part of a highway set apart or marked as being for the exclusive use of pedestrians; (trottoir) "Street" means the entire width between the boundary lines of every highway, road, lane, alley, curb, Sidewalk, park or place when any part thereof is used by the general public for the passage of vehicles and pedestrians, and includes the bridges thereon; (rue) "Surface" means the topmost layer of the Street and includes asphalt, concrete, sod, bricks, cobbles, pavers, chipseal or any other type of treatment; (surface) "Utility" means any person, commission or corporation owning, operating, managing or controlling an undertaking for the supply of water, electric power, telecommunications service, natural gas or other gas intended for use as fuel to the public. (entreprise de services publics) au deplacement de la SURFACE d'une RUE ou des mat2riaux sous - jacents; b) cavite produite par ('operation visee a I'alinea a). (Excavation) o JOUR OUVRABLE » un jour autre qu'un samedi, un dimanche ou un jour ferie dans la province du Nouveau - Brunswick (Business Day) MUNICIPALITE » The City of Saint John. (City) REQUERANT » Personne qui presente une demande ecrite de permis d'excavation au COMMISSAIRE en vertu du present arrete. (Applicant) RUE » SURFACE entiere qui s'etend entre les limites laterales des routes, chemins, ruelles, allees, bordures, TROTTOIRS, pares ou places utilisee en tout ou en partie par le grand public pour la circulation des voitures ou des pietons, y compris les ponts qui s'y trouvent. (Street) SURFACE » Couche superieure de la RUE, y compris son revetement au moyen notamment d'asphalte, de beton, de gazon, de briques, de galets, de paves ou de macadam. (Surface) TROTTOIR » Partie d'une RUE qui s'etend de la bordure des limites laterales de la chaussee jusqu'aux limites des biens -fonds adjacents et qui est reservee a ('usage des pietons, ainsi que toute partie d'une RUE reservee ou marquee a ('usage exclusif des pietons. (Sidewalk) Interpretation 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 arrete. lettered paragraphs as follows: n (a) The captions, section names appearing in thi! convenience of and have no interpretation. article and and numbers By -law are for reference only effect on its (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 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. 50 a) Les titres, intertitres et numeros des dispositions ne servent qu'a faciliter la consultation de I'arrete 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. Its visent les Lois revisees du Nouveau - Brunswick courantes et applicables sauf mention d'une annee particulibre, auquel cas ils visent les Lois du Nouveau - Brunswick de cette annee -la. Dans tous 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 qui s'y appliquent, y compris tout arrete de remplacement. d) Les obligations qu'il cree s'ajoutent a celles decoulant d'autres arretes applicables de la MUNICIPALITE ou des lois et reglements applicables des gouvernements federal ou provinciaux. 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 I'arrete dans son ensemble ni de toute autre disposition. 7 Excavation Permit Required 4 No person shall: (a) excavate, break, tunnel, undermine or in any manner disturb any Street or make or cause to be made any Excavation in or under the Surface of any Street for any purpose; or (b) place, deposit or leave upon any Street any earth or other material obstructing or tending to interfere with the free use of the Street; unless such person has obtained an excavation permit therefor from the Commissioner as herein provided. Application for Excavation Permit Exigence d'obtenir un permis d'excavation 4 Sans avoir obtenu du COMMISSAIRE un permis d'excavation A ces fins conformement au present arrete, it est interdit : (a) d'ouvrir, de miner ou de perturber en aucune fagon une RUE, ou de pratiquer ou de faire pratiquer A toutes fins un tunnel ou une EXCAVATION dans une RUE OU SOUS sa SURFACE; (b) de placer, de deposer ou de laisser dans une RUE de la terre ou que autre materiau susceptible d'obstruer la RUE ou de nuire au libre usage de la RUE. Demande de permis d'excavation 5(1) No excavation permit shall be issued 5(1) Aucun permis d'excavation nest unless a written application for the delivre sans qu'une demande ecrite de issuance of an excavation permit is permis d'excavation ne soit presentee submitted to the Commissioner. au COMMISSAIRE. 5(2) An application for an excavation permit 5(2) shall state: (a) the name, address and telephone number(s) of the Applicant; (b) size, nature, location and purpose of the Excavation; (c) the proposed date of commencement and the expected date of completion of the Excavation; and (d) such other information as may be prescribed by the Commissioner. 51 La demande de permis d'excavation enonce les renseignements suivants : (a) les nom, adresse et numero(s) de telephone du REQUERANT; (b) les dimensions, la nature, 1'emplacement et ('objet de I'EXCAVATI ON; (c) les dates prevues pour le debut et la fin de I'EXCAVATION; (d) tout autre renseignement qu'exige le COMMISSAIRE. 5(3) An application for an excavation permit 5(3) La demande de permis d'excavation shall be accompanied by plans est accompagnee de plans montrant showing: ce qui suit: a) the extent of the proposed Excavation; b) the dimensions and elevations of both the existing ground prior to the Excavation and of the proposed Excavation; and c) the location of the Excavation (a) 1'etendue de I'EXCAVATION prevue; (b) les dimensions et les elevations du site avant I'EXCAVATION et celles de ['EXCAVATION projet2e; (c) 1'emplacement de I'EXCAVATION. 5(4) When an Applicant intends to do 5(4) Lorsque le REQUERANT entend multiple Excavations, the effectuer plusieurs EXCAVATIONS, le Commissioner may issue either a COMMISSAIRE peut delivrer soit un seul single permit for the multiple permis pour 1'ensemble de celles -ci, Excavations or one permit per soit un permis pour chacune. Excavation. 5(5) The completed application for an 5(5) La demande de permis d'excavation excavation permit under this By -law dument remplie conformement au shall be accompanied by the following: present arrete est accompagnee de ce qui suit : (a) a non - refundable Excavation Permit Application Fee as prescribed under section 1 of Schedule "A" of this By -law; (b) a non - refundable Pavement Degradation Fee as prescribed under section 3 of Schedule "A" of this By -law; (c) a security in an amount of five hundred dollars ($500.00) or in an amount which, in the opinion of the Commissioner, is sufficient to pay the cost of restoring the Street to the condition it was prior to the Excavation, whichever is greater; and (d) a signed indemnity agreement in the form as prescribed in Schedule B. 52 (a) le droit de demande de permis d'excavation non remboursable prescrit a I'article 1 de I'annexe A du present arrete; (b) le DROIT DE DETERIORATION DE LA CHAUSSEE non remboursable prescrit a I'article 3 de I'annexe A du present arrete; (c) une garantie au montant de 500 $ ou d'un montant plus eleve qui, de l'avis du COMMISSAIRE, sera suffisante pour couvrir les couts de la refection de la RUE a son etat d'origine; (d) une promesse d'indemnisation signee telle que prescrite a I'annexe B. 9 5(6) The City shall waive the Pavement Degradation Fee prescribed at paragraph 5(5)(b) when the Excavation is being made on a section of Street that is listed on the City's current year reconstruction or resurfacing program, provided the Excavation is completed prior to the City undertaking the reconstruction or resurfacing. 5(6) La MUNICIPALITE renonce au DROIT DE DETERIORATION DE LA CHAUSSEE prevu a I'alinea 5(5)(b) dans les cas ou I'EXCAVATION est pratiquee sur un trongon de RUE vise par le programme de refection ou de rechargement de I'annee en cours, a condition que I'EXCAVATION soit termin6e avant que la MUNICIPALITE n'entreprenne la refection ou le rechargement. Conditions of a Permit Conditions afferentes au permis 6 All excavation permits shall be 6 Tout permis d'excavation est assujetti subject to the following conditions: aux conditions suivantes : (a) the schedule and hours of the Excavation work shall be as prescribed by the Commissioner; (b) the Applicant shall, at all times and until the Surface has been reinstated, keep the Excavation safe with respect to vehicular and pedestrian traffic, including direction of traffic, barricades, lights, signs and the supply of properly trained and equipped traffic control personnel for the protection of traffic in accordance with the City's General Specifications and the New Brunswick Occupational Health and Safety Act; (c) all Excavations shall have appropriate traffic control measures in place, including construction signage, barricades, lighting and lane delineations, in conformity with the standards established in The City of Saint John Work Zone Safety Manual and to the 53 (a) le calendrier et les heures des travaux d'EXCAVATION seront conformes a ceux fixes par le COMMISSAIRE; (b) en tout temps et jusqu'a ce que la SURFACE soit restauree, le REQUERANT assurera la s6curit6 de I'EXCAVATION a 1'egard de la circulation des voitures et des pietons, en ce qui concerne notamment la direction de la circulation, les barrages, la signalisation lumineuse ou autre et I'affectation d'un personnel de regulation de la circulation bien forme et equipe conformement au Cahier general des charges de la MUNICIPALITE et a la Loi sur Fhygiene et la securite au travail du Nouveau - Brunswick; (c) des mesures de regulation de la circulation, incluant les panneaux de signalisation de travaux, les barrages, la signalisation lumineuse, et les delimitations de voies devront titre mises en place pour toutes les EXCAVATIONS, conformement aux normes 10 (h) the Applicant shall ensure that (h) le REQUERANT veillera A ne pas access to fire hydrants and bloquer I'acces aux bornes- water shut -off valves is not fontaines et aux robinets d'arret blocked during the course of the d'eau pendant ses travaux; work; (i) the Applicant shall not permit an (i) le REQUERANT ne laissera pas Excavation to remain open une EXCAVATION A decouvert longer than is necessary for the plus longtemps que necessaire 54 satisfaction of the etablies dans le Manuel de Commissioner and such traffic securite en zone de travaux de control measures shall remain The City of Saint John et a la in place until the Street satisfaction du COMMISSAIRE, et reinstatement has been de telles mesures de regulation completed in accordance with devront demeurer en place this by -law and the permit jusqu'A ce que la restauration issued hereunder; de la RUE soit completee conformement au present arrete et au permis delivre en vertu de celui -ci; (d) written notice shall be given to (d) le COMMISSAIRE sera prevenu the Commissioner prior to the avant que soft posee une installation of temporary steel plaque d'acier temporaire au- plates over Excavations; dessus d'une EXCAVATION; (e) the Applicant shall ensure that (e) le REQUERANT veillera A ce que the Street and Sidewalks are la RUE et les TROTTOIRS soient kept free from nuisance, dirt, degages de toute nuisance, dust, debris and any other thing salete, poussiere, debris et that would impede the free autres choses pouvant nuire A passing of vehicles and la libre circulation des voitures pedestrians; et des pietons; (f) all Excavations are to be (f) les EXCAVATIONS seront backfilled with such material as remblayees de materiaux approved by the Commissioner approuves par le COMMISSAIRE and properly compacted, and in puis seront bien compactees, the event that material other etant entendu que tous than approved material is used, materiaux non approuves said material shall be removed seront enleves et remplaces par and replaced with approved des materiaux approuves aux material at the Applicant's frais du REQUERANT; expense; (g) the Applicant must give a (g) le REQUERANT donnera au minimum of one (1) Business COMMISSAIRE un preavis Day notice to the Commissioner minimal de un (1) JOUR before commencing backfill OUVRABLE avant d'entamer les operations; travaux de remblai; (h) the Applicant shall ensure that (h) le REQUERANT veillera A ne pas access to fire hydrants and bloquer I'acces aux bornes- water shut -off valves is not fontaines et aux robinets d'arret blocked during the course of the d'eau pendant ses travaux; work; (i) the Applicant shall not permit an (i) le REQUERANT ne laissera pas Excavation to remain open une EXCAVATION A decouvert longer than is necessary for the plus longtemps que necessaire 54 11 purpose for which it was made; Q) all Excavations shall be sufficiently and continuously barricaded at all times, and shall be properly secured and enclosed by a fence or a barrier sufficient to protect the public from injury in accordance with the provisions of the City's General Specifications and any applicable regulations under the New Brunswick Occupational Health and Safety Act; (k) the Commissioner may order additional precautions, work stoppages and restorations of the Street should circumstances warrant such action and upon failure of the Applicant to carry out such orders within two (2) Business Days, the Commissioner may undertake the necessary work and deduct the cost of doing so from the security submitted pursuant to subsection 5(5)(c); (1) the Applicant shall, after receiving either verbal or written notice from the Commissioner, backfill the Excavation within two (2) Business Days of such verbal or written notice and upon failure of the Applicant to do so, the Commissioner may backfill the Excavation and deduct the cost of doing so from the security submitted pursuant to subsection 5(5)(c); (m) in the event of an emergency, the Commissioner may immediately and without notice backfill an Excavation and deduct the costs of doing so from the security submitted 55 pour les fins auxquelles elle a ete pratiquee; (j) les EXCAVATIONS seront bien securisees, suffisamment et constamment dotees en tout temps de barrages et entourees d'une cloture ou d'une barriere suffisante pour proteger le public des blessures, conformement au Cahier general des charges de la MUNICIPALITE et aux r2glements applicables pris en vertu de la Loi sur Phygiene et la security au travail du Nouveau - Brunswick; (k) le COMMISSAIRE pourra ordonner des mesures additionnelles de precaution, des arrets de travail et des restaurations de la RUE Si les circonstances le justifient, et si le REQUERANT omet d'y donner suite dans les deux (2) JOURS OUVRABLEs qui suivent, it pourra entreprendre les travaux necessaires et en deduire les couts de la garantie soumise en vertu de I'alinea 5(5)(c); (1) sur notification orale ou ecrite du COMMISSAIRE, le REQUERANT devra, dans les deux (2) JOURS OUVRABLES qui suivent remblayer I'EXCAVATION, a defaut de quoi le COMMISSAIRE pourra la remblayer et en deduire les couts de la garantie soumise en vertu de I'alinea 5(5)(c); (m) en cas d'urgence, le COMMISSAIRE pourra, immediatement et sans preavis, remblayer I'EXCAVATION et en deduire les couts de la garantie soumise en vertu de l'alinea 12 pursuant to subsection 5(5)(c); (n) where the Commissioner is of the opinion that the work for which a permit was issued under this by -law is not being performed in accordance with this by -law, the Commissioner may upon one (1) Business Day oral or written notice to the Applicant perform such work as deemed appropriate by the Commissioner and deduct the cost of doing so from the security submitted pursuant to subsection 5(5)(c); (o) excavation permits are not transferable; (p) the excavation permit shall be on the Excavation site at all times and it shall be available for inspection by the City; (q) all work performed under a permit granted pursuant to this by -law shall be completed in accordance with the City's General Specifications, the plans submitted pursuant to subsection 5(3) and any terms and conditions imposed by the Commissioner; (r) an excavation permit is valid for a period of thirty (30) days or until October 15 of each year, whichever is sooner, unless prescribed otherwise by the Commissioner and any expired permit may be renewed upon the payment of an Excavation Permit Renewal Fee as set out at Section 2 of Schedule "A" of this By -law; and (s) any other conditions as may be imposed by the Commissioner. 56 5(5)(c); (n) si le COMMISSAIRE est d'avis que 1'ex6cution de travaux vis6s par un permis d6livr6 sous le r6gime du pr6sent arret6 n'est pas conforme a I'arrW, it pourra, sur notification orate ou 6crite d'un (1) JOUR OUVRABLE au REQUERANT, ex6cuter Ies travaux qu'il estime indiqu6s et en d6duire Ies couts de la garantie soumise en vertu de I'alin6a 5(5)(c); (o) Ies permis d'excavation sont incessibles; (p) le permis d'excavation sera conserv6 sur le site de I'ExCAVATION en tout temps et la MUNICIPALITE pourra 1'examiner; (q) Ies travaux visbs par un permis d6livr6 sous le r6gime du pr6sent arret6 seront effectu6s conform6ment au Cahier g6n6ral des charges de la MUNICIPALITE, aux plans pr6sent6s en application du paragraphe 5(3) et aux conditions impos6es par le COMMISSAIRE; (r) sauf d6cision contraire du COMMISSAIRE, Ies permis d'excavation sont valides pour 30 jours et au plus tard jusqu'au 15 octobre de chaque ann6e, et les permis expir6s peuvent titre renouvel6s sur paiement du droit de renouvellement de permis d'excavation fix6 a I'article 2 de I'annexe A du pr6sent arret6; (s) Ies autres conditions qu'impose le COMMISSAIRE. Mandatory Nature of Permit Conditions 13 Nature Mandatoire des Conditions de permis 7 No person shall perform work, for 7 Nul ne doit effectuer des travaux, pour which a permit was issued under this lesquels un permis a ete delivre en vertu by -law, that does not comply with the de cet arrete, qui ne respectent pas les conditions prescribed at section 6 and conditions prescrites a I'article 6 et les the conditions stipulated on the permit. conditions prevues dans le permis. Permit Refusal Droit de refuser I'octroi du permis 8 The Commissioner may refuse to issue 8 Le COMMISSAIRE peut refuser de an excavation permit where: delivrer un permis d'excavation dans les cas suivants : (a) in his opinion, it is not in the public interest to do so; (b) the work for which a permit is sought might cause damage to private property; (c) the Applicant proposes to do the work for which a permit is sought in the Winter months (December to February inclusive); (d) the work for which the permit is sought would cause the City to incur expenses; (e) the work for which the permit is sought would violate or cause a violation of a City by -law, or provincial or federal legislation; (f) in his opinion, the work for which a permit is sought is not based on sound engineering principles; or (g) in his opinion, the work for which the permit is sought could 57 (a) it estime qu'il n'est pas dans I'interet public de le faire; (b) les travaux vises par la demande de permis pourraient causer des dommages a des proprietes privees; (c) le REQUERANT compte effectuer les travaux vises par la demande de permis pendant les mois d'hiver (de decembre a fevrier inclusivement); (d) les travaux vises par la demande de permis occasion neraient des frais a la MUNICIPALITE; (e) les travaux vises par la demande de permis enfreindraient un arrete de la MUNICIPALITE ou la loi provinciale ou federale, ou entraFneraient leur violation; (f) a son avis, les travaux vises par la demande de permis ne sont pas fondes sur des principes d'ingenierie bien etablis; (g) a son avis, les travaux vises par la demande de permis 14 negatively impact the City's infrastructure located within the Street. Openings on Lands Adjacent to Street 9(1) No person shall permit any excavated area, trench or opening made or caused to be made by him on lands adjacent to a Street to remain open longer than is necessary for the purpose for which it was made. 9(2) The person referred to in subsection (1) shall: (a) erect and maintain a suitable fence or guiderail not less than 1.2 metres in height around the opening until it has been backfilled; and (b) provide adequate shoring of the sides of the opening to prevent damage from occurring to the adjacent Street. Reinstatement 10(1) An Applicant to whom a permit was issued under this by -law shall backfill the Excavation and reinstate the Surface of the Street in accordance with this by -law and the permit issued hereunder, and in accordance with the City's General Specifications. pourraient compromettre ('infrastructure de la MUNICIPALITE dans la RUE. Cavites pratiquees sur des terrains adjacents a une rue 9(1) Nul ne doit permettre qu'une cavite, tranchee ou ouverture qu'il a pratiquee ou fait pratiquer sur des terrains adjacents a une RUE demeure a decouvert plus longtemps que necessaire pour les fins auxquelles elle a ete pratiquee. 9(2) La personne visee au paragraphe (1) doit : a) eriger et garder en bon etat une cloture ou glissiere de securite d'une hauteur minimale de 1,2 metre autour de la cavite jusqu'a ce qu'elle soit remblayee; b) etayer suffisamment les parois de la cavite pour empecher des dommages a la RUE adjacente. Restauration 10(1) Un REQUERANT a qui un permis a ete delivre en vertu du present arrete doit remblayer I'EXCAVATION et restaurer la SURFACE de la RUE conformement au present arrete et au permis delivre en vertu de celui -ci, et conformement au Cahier general des charges de la MUNICIPALITE. 10(2) All Street Surface reinstatement done 10(2) Toute restauration de SURFACES de RUE pursuant to a permit issued under this effectuee en vertu du permis delivre by -law shall be carried out by sous le regime du present arrete doit contractors: titre effectuee par des entrepreneurs : (a) whose business it is to regularly perform Street Surface reinstatement work; and (a) dont les activites consistent a effectuer regulierement des travaux de restauration de SURFACES de 15 (b) who have been approved by the Commissioner prior to doing the reinstatement. 10(3) An Applicant to whom a permit was issued under this by -law shall bear all liability associated with the Excavation until the Commissioner confirms that reinstatement has been completed pursuant to this by -law and the permit issued hereunder. Indemnity and Insurance 11(1) Every permit is on the express condition that the Applicant agrees to indemnify, defend and save harmless the City, its employees, officers, agents, successors and assigns, from and against any and all losses, costs, claims, demands, expenses, proceedings and actions of every nature and kind for injury or damages, including indirect, consequential and incidental damages, to persons or property which are in any way related to, or connected or associated with the performance by the Applicant, his servants, employees or agents of the work for which an excavation permit was issued under this by -law. 11(2) Subject to subsection 13(2), no permit shall be issued unless the Applicant furnishes to the Commissioner satisfactory evidence in writing that he has in force and will maintain in force during the performance of the Excavation work and the period of the excavation permit commercial general liability insurance. The City shall be added as an additional insured on the commercial general liability insurance RUE; (b) qui ont requ I'agrement du COMMISSAIRE avant d'effectuer la restauration. 10(3) Un REQUERANT a qui un permis a ete delivre en vertu du present arrete assume toute la responsabilite associee a I'EXCAVATION jusqu'a ce que le COMMISSAIRE confirme que la restauration a ete completee conformement au present arrete et au permis delivre en vertu de celui -ci. Indemnisation et Assurance 59 11(1) Tous les permis sont delivres a la condition expresse que le REQUERANT accepte de garantir la MUNICIPALITE et ses employes, dirigeants, mandataires, successeurs et ayants droit, de les defendre et de les degager de toute responsabilite a 1'egard des pertes eprouvees, frais supportes, reclamations et mises en demeure regues, dxpenses engagees et procedures et actions intentees, de quelque nature qu'ils soient, au titre de dommages personnels ou materiels subis, meme indirectement ou accessoirement, qui decoulent ou sont lies de quelque fagon que ce soit a 1'execution, par le REQUERANT, ses employes ou ses mandataires, des travaux vises par un permis d'excavation delivre sous le regime du present arrete. 11(2) Sous reserve du paragraphe 13(2), aucun permis nest delivre a moins que le REQUERANT ne fournisse au COMMISSAIRE une preuve ecrite satisfaisante etablissant qu'il detient une assurance responsabilite civile des entreprises valide qu'il maintiendra en vigueur pendant toute la duree des travaux d'EXCAVATION et pendant toute la duree de validite du permis d'excavation. La MUNICIPALITE figurera 16 policy which shall have inclusive limits of at least two million dollars ($2,000,000.00) per occurrence and contain a cross liability clause. Utilities 12(1) The Commissioner may issue an annual excavation permit to a Utility for the purpose of emergency repairs and routine maintenance to their infrastructure which require Excavations subject to the conditions the Commissioner may prescribe and, without restricting the generality of the foregoing, it is a condition of a permit issued to a Utility that the Commissioner be notified of the location and time of any Excavation work at least two (2) Business Days prior to its commencement. 12(2) An application for an annual permit under subsection (1) shall include an Annual Utility Fee as set out under Section 5 of Schedule "A" of this By- law and a security in the form of a certified cheque or irrevocable stand- by letter of credit which shall be in the amount of $25,000.00 to be maintained for the duration of the annual permit. 12(3) A Utility to which was issued a permit under this section shall backfill the Excavation and reinstate the Surface of the Street to the satisfaction of the Commissioner and in accordance with the City's General Specifications. comme assure additionnel sur la police d'assurance responsabilite civile des entreprises, dont la garantie sera d'au moins 2 millions de dollars par evenement et qui comportera une clause de responsabilite reciproque. Entreprises de Services Publics 12(1) Le COMMISSAIRE peut delivrer a une ENTREPRISE DE SERVICES PUBLICS un permis d'excavation annuel I'autorisant a effectuer sur son infrastructure des reparations d'urgence et des travaux d'entretien courant exigeant des EXCAVATIONS et assortir le permis de conditions, etant entendu qu'en tout etat de cause le permis est assujetti a la condition que le COMMISSAIRE sera avise au moins deux (2) SOURS OUVRABLES a I'avance du lieu et du moment des travaux &EXCAVATION. 12(2) La demande d'un permis annuel vise au paragraphe (1) est accompagnee du droit annuel pour services publics prescrit a I'article 5 de I'annexe A du present arrete et d'un depot de garantie de 25 000 $, par cheque certifie ou par lettre de credit irrevocable maintenue pendant toute la duree de validite du permis annuel. 12(3) II appartient a I'ENTREPRISE DE SERVICES PUBLICS a qui un permis a ete delivre sous le regime du present article de remblayer I'EXCAVATION et de restaurer la SURFACE de la RUE d'une maniere acceptable pour le COMMISSAIRE et en conformite avec le Cahier general des charges de la MUNICIPALITE. 12(4) All Surface reinstatement work done 12(4) pursuant to a permit issued under this section shall be carried out by contractors who .1 Les travaux de restauration de la SURFACE effectues en vertu d'un permis delivre sous le regime du present article le sont par des entrepreneurs qui repondent aux conditions suivantes : 17 (a) are actively engaged in performing Street Surface reinstatement work; and (b) have been approved by the Commissioner prior to doing the reinstatement work. 12(5) A Utility to which a permit was issued under this section shall, within seven (7) calendar days of completing the Surface reinstatement work, notify the Commissioner that the Street has been reinstated. 12(6) Every Utility shall maintain the Surface of the Street it excavated and reinstated pursuant to a permit issued under this section until the Street is reconstructed or resurfaced, whichever is sooner. (a) ils s'occupent activement de restauration de SURFACES de RUE; (b) ils ont regu au prealable I'agrement du COMMISSAIRE. 12(5) Dans les sept (7) jours civils suivant la fin des travaux de restauration de la SURFACE, I'ENTREPRISE DE SERVICES PUBLICS a qui un permis a ete delivre sous le regime du present article avise le COMMISSAIRE de la restauration de la RUE. 12(6) II incombe a I'ENTREPRISE DE SERVICES PUBLICS d'entretenir la SURFACE de la RUE dans laquelle elle a pratique une EXCAVATION et qu'elle a restauree en vertu d'un permis delivre sous le regime du present article jusqu'a la refection de la RUE ou, s'il arrive avant, son rechargement. 12(7) Upon expiration of the annual utility 12(7) permit, the appropriate Pavement Degradation Fee shall be calculated and deducted from the security deposit paid pursuant to subsection (2). Access to Private Property A 1'expiration du permis annuel pour services publics, le DROIT DE DETERIORATION DE LA CHAUSSEE applicable est calcule et deduit du depot de garantie verse en application du paragraphe (2). Acces aux proprietes privees 13(1) No person shall cut a curb, place fill, 13(1) install a culvert or otherwise modify a Street to widen or install an Access to private property without having obtained an excavation permit. Nul ne doit couper une bordure, placer un materiau de remblayage, placer un ponceau ou modifier d'autre fagon une RUE en vue d'elargir ou d'installer un ACCES a une propriete privee sans avoir obtenu un permis d'excavation. 13(2) Subsection 11(2) shall not apply to a 13(2) Le paragraphe 11(2) ne s'applique pas permit issued under subsection (1). au permis vise au paragraphe (1). 13(3) For every permit issued pursuant to 13(3) Le REQUERANT procede a subsection (1), the Applicant shall I'elargissement ou a ('installation de I' widen or install the Access to the ACCES a la propriete privee en private property at its sole cost and in conformite avec cet arrete et le permis 61 ilm accordance with this by -law and the permit issued hereunder. Emergencies 14(1) In the event of an emergency, the Commissioner may grant permission to any person to excavate in any Street or to cut a curb on the condition that the person to whom the permission is granted shall apply for an excavation permit on the first Business Day following the granting of such permission. 14(2) The Commissioner may request information regarding the nature of an emergency for which he granted permission to excavate under subsection (1). Should the Commissioner determine, in his absolute discretion, that the situation for which he granted permission did not constitute an emergency, the person to whom permission was granted shall pay the Excavation Investigation Fee prescribed at section 4 of Schedule «A„ Failure to Obtain Permit delivre en vertu de cet celui -ci, et en couvre le cout. Urgences 14(1) En cas d'urgence, le COMMISSAIRE peut autoriser une personne a pratiquer une EXCAVATION dans une RUE OU a couper une bordure, a la condition que cette personne presente une demande de permis d'excavation des le premier JOUR OUVRABLE suivant I'autorisation. 14(2) Le COMMISSAIRE peut demander des renseignements sur la nature de I'urgence pour laquelle it a accorde son autorisation en vertu du paragraphe (1). Si le COMMISSAIRE constate souverainement que la situation a I'egard de laquelle it a accorde son autorisation ne constituait pas une urgence, la personne qui a obtenu I'autorisation doit payer le DROIT D'EXAMEN D'EXCAVATIONS prescrit a I'article 4 de I'annexe A. Defaut d'obtenir un permis 15 Upon notification by the Commissioner, 15 Sur notification du COMMISSAIRE, la a person who excavated a Street personne qui a pratique une without an excavation permit shall EXCAVATION dans une RUE sans permis d'excavation est tenue : (a) immediately stop the Excavation undertaken within a Street; and (b) immediately apply for an excavation permit; and (c) pay the Excavation Investigation Fee prescribed under section 4 of Schedule „A„ 62 (a) de mettre fin immediatement a I'EXCAVATI ON; (b) de presenter sans delai une demande de permis d'excavation; (c) de payer le DROIT D'EXAMEN D'EXCAVATIONS prescrit a I'article 4 de I'annexe A. 19 By -Law Not Applicable to City 16 The provisions of this By -law do not apply to the City or to persons performing work in the Streets under contract with the City. Immunite de la Municipalite 16 Le present arrete ne s'applique pas a la MUNICIPALITE ni aux personnes qui effectuent des travaux dans IeS RUES en vertu d'un contrat conclu avec la MUNICIPALITE. Exceptions Exceptions 17(1) Nothing in this By -law shall affect or 17(1) Le present arrete n'a pas pour effet de restrict in any manner any rights modifier ou de restreindre d'aucune granted to a Utility under or by virtue of fagon les droits conferes a une any Act enacted by the Legislature of ENTREPRISE DE SERVICES PUBLICS SOUS the Province of New Brunswick. le regime d'une loi de la Legislature du Nouveau - Brunswick. 17(2) Section 12 of this By -law does not apply to a Utility that entered into an Access Agreement with the City to define the terms and conditions upon which said Utility may access the Streets. Offences 18(1) A person who violates any of the provisions of this By -law is guilty of an offence and liable to a penalty of not less than five hundred dollars ($500.00) and not more than two thousand one hundred dollars ($2,100.00). 18(2) Notwithstanding subsection (1), a person who violates a provision of this By -law may, upon providing evidence that any violation of this by -law has been made good to the satisfaction of the Commissioner, pay one hundred and seventy five dollars ($175.00) to the City's Cashier's Office at City Hall within twenty (20) calendar days from the date of the offence, and upon such payment, the person committing the offence is not liable to further prosecution for that offence. 17(2) L'article 12 du present arrete ne s'applique pas a une ENTREPRISE DE SERVICES PUBLICS qui a conclu un accord d'acces avec la MUNICIPALITE visant a definir les conditions d'acces aux RUES par I'ENTREPRISE DE SERVICES PUBLICS. Infractions 63 18(1) Quiconque contrevient a une disposition quelconque du present arrete commet une infraction et est passible d'une amende de 500 $ a 2100$. 18(2) Malgre le paragraphe (1), quiconque contrevient a une disposition du present arrete peut, sur presentation de preuves acceptables pour le CoMMISSAIRE de la reparation de toute violation du present arrete, payer 175 $ au bureau du caissier de I'Hotel de ville dans les 20 jours civils suivant la date de ('infraction, sur quoi le contrevenant n'est passible d'aucune autre poursuite pour cette infraction. 20 Repeal 19 A By -law of The City of Saint John enacted on the 301h day of August, 2010 entitled "A By -law Respecting Excavation of Streets in The City of Saint John" and all amendments thereto is 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 , A.D. 2014 signed by: Mayor /Maire Abrogation 19 Uarrete de The City of Saint John pris le 30 aout 2010 et intitule Arrete concernant les excavations dans les rues de The City of Saint John, ensemble ses modifications, est abroge. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrete le 2014, avec les signatures suivantes : Common Clerk /greffier communal First Reading - May 12, 2014 Premiere lecture Second Reading - May 12, 2014 Deuxieme lecture Third Reading - Troisieme lecture - le 12 mai, 2014 - le 12 mai, 2014 REPORT TO COMMON COUNCIL M &C 2014 -76 May 26, 2014 His Worship Mayor Norton And Members of Common Council Your Worship and Members of Council: r. The City of Saint john SUBJECT: Neighbourhood Development Stimulation Grant Applications 2014 The Neighbourhood Development Stimulation Grant Program has been vital to the sustainability of the City of Saint John priority neighbourhood organizations since 2008. For 2014, Common Council approved a budget of $152,250 toward this program. This grant program has supported staffing, leadership capacity building and program initiatives in the community resulting in a high level of neighbourhood engagement and participation. The program targets funding towards Saint John's five priority neighbourhoods which include: Lower West side, South end, Waterloo Village, Crescent Valley and the old North end. As a result priority neighbourhoods are more empowered in their respective communities and have strengthened their inter - neighbourhood relationships and connection through community networking. The "Neighbourhood Development Stimulation Grant" 2014 program received requests from Vibrant Communities (Neighbourhood Organizer - the Waterloo Village / East Side Neighbourhood) Vibrant Communities (Around the Block Newspaper); ONE Change, PULSE, Crescent Valley Resource Centre, The Teen Resource Centre for Youth, and Westside PACT. ANALYSIS: The purpose of these grants is to stimulate locally sponsored initiatives to address priority neighbourhood issues. Staff evaluates each application in accordance with the terms of reference as approved by Common Council in 2009 (Appendix 1). City staff is presently undertaking a community grants review which may support further improvements to this grant process in 2015. The Neighbourhood Development Stimulation Grant aligns with Common Council's priority to see Saint John as a Community of Choice by creating a livable community, 65 M &C 2014 -76 May 26, 2014 one that has vibrant neighbourhoods and provides diverse and accessible opportunities to engage in arts, culture and recreation in a safe and caring environment. This program also aligns with the City's Corporate Plan "AdvanceSJ ", which identifies community investment in neighbourhoods as a strategic initiative for the organization to improve service to our community. The program fosters partnerships in service delivery which are a cornerstone of AdvanceSJ and PlaySJ, the City's Parks and Recreation Strategic Plan. The Neighbourhood stimulation grant program provides support at the most foundational level of our community, the neighbourhood. The community groups who benefit from this funding are the catalyst in connecting people by organizing social and recreational events; offering safe haven; and mobilizing to make positive change in their respective neighbourhoods. They make positive impact through advocacy, collaboration and creating opportunities by bringing residents together and fostering neighbourhood pride. Organizations recommended to receive a grant have demonstrated perseverance and the ability to leverage additional funding and "in kind" support from local business, community supporters and other levels of government. All applicants have merit, however; some are at different stages of development than others. In such cases, staff will endeavor to provide additional support to increase their capacity to provide programs and services. Following is a summary of each organization's application with staff recommendations provided. Vibrant Communities - Waterloo Village Association & East Side Neighbourhood This request is submitted by Vibrant Communities Saint John on behalf of the Waterloo Village Association and the East Side Neighbourhood (Appendix 2). The goal of Vibrant Communities is to continue the employment of the Neighbourhood Organizer staff position to work with these partnering neighbourhoods in planning, building resident capacity, and developing new programs and initiatives. Vibrant Communities assumes supervisory responsibilities for the Community Organizer who works directly with the neighbourhoods to support their priorities and achieve their goals. This Neighbourhood Organizer position employs a low- income resident who has gained skills and leadership through capacity building programs such as Learn and Go, Neighbourhood Assistants, and Power UP. Vibrant Communities success in supporting and developing leadership capacity in these neighbourhoods has resulted in enhanced networking, collaboration, cooperation and program opportunities. Recommendation: $22,000 .. M &C 2014 -76 May 26, 2014 "Around the Block Neighbourhood Newspaper" - Vibrant Communities The "Around the Block Neighbourhood Newspaper" is requesting a renewal of their grant for another one year term (Appendix 3). Around The Block focuses on the positive and celebrates achievements in our five priority neighbourhoods (Old North End, Lower West Side, Lower South End, Crescent Valley and the Waterloo - Village). The paper also celebrates successes of other neighbourhoods such as Anglin Drive and Reading Crescent / Roxbury Drive. Around the Block includes a French article in every issue. This neighbourhood paper continues to evolve and improve in both quality and quantity. The paper brings together the priority neighbourhoods by using this tool to promote, communicate and praise each neighbourhood's accomplishments and success stories. Furthermore, it provides learning and educational opportunities for residents to be authors of stories in the newspaper. Around the Block celebrated its' fifth year of publication in the fall of 2013 and to date, 291,000 copies of this paper has been circulated throughout the City free of charge. This neighbourhood lead newspaper is recognized as a critical information and communication hub by all the priority neighbourhoods, community partners and stakeholders. Recommendation: $24,000 ONE Change Inc. The ONE Change Inc. is a renewal request for financial support to sustain employment of their Neighbourhood Coordinator position (Appendix 4). This position continues to build leadership capacity in the community and develop program opportunities resulting in positive outcomes for the neighbourhood. The ONE Change works with an ever growing number of neighbourhood partners including the Main Street Baptist Church, Lorne School, Centennial School, Teen Resource Centre, Horizon Health and the City of Saint John. Funds will sustain a full -time Neighbourhood Coordinator position to work with the community case worker, recreation coordinator and academic case worker now in place as a result of federal funding received by the ONE Change. The Coordinator will also supervise student placements, volunteers, and community service for offenders. This position is critical in bringing the neighbourhood together and will be a vital component of attracting the neighbourhood back to the revitalized C.E. Nicolle Community Centre. 67 M &C 2014 -76 May 26, 2014 4 Recommendation: $23,250 PULSE (People United Lower South End) PULSE is requesting funding from the City of Saint John to support staffing and program initiatives at the Neighbourhood Resource Centre and Community Police office located on Wentworth Street (Appendix 5). PULSE operates this building through a board of directors, one part-time staff and volunteers in the community. This group is requesting funding to sustain the Operations Manager staff position which is responsible to schedule and supervise the resource centre, and coordinate neighbourhood programs in the South End. PULSE has taken a leadership role in the community by strengthening partnerships, providing seasonal programs, implementing projects such as the Rainbow Park revitalization program, community clean -ups, adopt a block program and many other special projects for the South End neighbourhood. PULSE continues to build partnerships in the neighbourhood and engage residents by providing programs and services and serving an advocacy role for improving the quality of life in the South End. Recommendation: $22,000 Crescent Valley Resource Centre The Crescent Valley Resource Centre is a renewal application for financial support of the Crescent Valley Resource Centre and the employment of the CVRC Executive Director (Appendix 6). The Crescent Valley Resource Centre Executive Director has formed a strong community network while overseeing the operation of the Resource Centre. The CVRC offers free programming and services aimed at building leadership and resiliency in individuals and families in the neighbourhood. Connecting to individuals in the neighbourhood revolves around an engagement of placing decision making, responsibility, and opportunity in the hands of residents; which builds the capacity and connectivity within the neighbourhood. The CVRC networks with other key community organizations to assist residents especially those who are facing challenges. They work at empowering residents to achieve healthy lifestyles, develop personal growth and acquire leadership skills. The programs and services offered are varied and provide the opportunity to work with children, youth, adults and seniors. Recommendation: $25,000 .: M &C 2014 -76 May 26, 2014 Teen Resource Centre for Youth (TRC) The TRC is requesting continued support to employ staff for the Oasis Program (Appendix 7). The Oasis Program provides services and support to youth who are living in a vulnerable situation or who are homeless. The Oasis Program provides youth with on -site access to shower and laundry facilities, clothing, personal hygiene supplies, counseling and access to other supports in their time of need. The TRC Oasis program was noted as an excellent model at the National Homeless Conference held in Ontario 2008. The TRC wishes to continue the Oasis program and the hot lunch program. TRC Case Management service continues to work and build relationships with Oasis clients and offer them opportunities and support for an exit from street life. The impact of this program is illustrated very well by the testimonial that is included in the submission of their program. Staff is supportive of continued funding of the Oasis Program. Recommendation: $24,000 Westside PACT The Westside PACT is undergoing a rebuilding process and is planning for future community growth. New goals have been established and a new executive has been elected (Appendix 8). Westside PACT has taken steps to correct administrative shortfalls and has been able to reduce costs. This organization has set a goal of fostering a respectful and successful neighbourhood and is establishing their list of priorities and activities. They hope to be more active in the Lower West Side neighbourhood by engaging Community Partners from the corporate and non - profit sectors. As the Westside PACT has been relatively inactive in 2013 staff is recommending a grant amount that will sustain the organization in 2014. Recommendation: $12,000 .• M &C 2014 -76 May 26, 2014 6 Table 1: Grant Amount Requested / Recommendation Group / Project Request Recommendation Vibrant Communities - Waterloo Village/East Side $22,000 $22,000 Nei hbourhood Around the Block — Neighbourhood Newspaper $25,000 $24,000 Vibrant Communities ONE Change Inc. $25,855 $23,250 PULSE (People United Lower South End $22,000 $22,000 Crescent Valley Resource Centre $25,000 $25,000 Teen Resource Centre for Youth (TRC) $25,000 $24,000 Westside PACT $23,500 $12,000 TOTAL $168,355 $152,250 Conclusion: The neighbourhood development stimulation grant is essential to the sustainability of these organizations and their ability to create positive change in their neighbourhoods. Although difficult to quantify in dollars the Social Return of Investment is valued as follows: Positive change in networking, collaboration and cooperation among neighbourhood stakeholders and partners; Positive change in frequency of resident participation and engagement; Positive change in neighbourhood and community pride; Positive change in connectivity of individuals, groups and organizations within and between neighbourhoods. City staff will continue to work with these organizations by supporting organizational development, planning and community events through the community development program service. RECOMMENDATION: That Common Council allocates funding under the 2014 Neighbourhood Stimulation Grants Program to support the organizations as per the recommendations outlined in Table 1. Respectfully submitted, Kevin Watson, Manager Recreation and Neighbourhood Support J. Patrick Woods, CGA City Manager 70 u (21ine Ha'milton missioner of Growth and munity Development Services. Develo PB meat Shop PLANNING UI LDING INFRASTRL'•CTL'RE SE4EIv`i' If)H]< M &C- 2014 -071 May 21, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: Subject One -Stop Development Shop Program Program Launch & Guiding Principles Background In 2012, Common Council made it a priority to focus on economic health, being a community of choice, sustainable infrastructure, and citizen focused service delivery. In addition, Council wanted an integrated approach in the delivery of economic development services. Specifically, Council identified the need for clear and consistent internal processes to facilitate investment and development in Saint John while maintaining community standards that align with PlanSJ. With the reorganization comes the opportunity to now transform our development service and move towards a citizen focused and service based approach to service delivery. Under the umbrella of Growth & Community Development Services, our new department was formed with accountability for community planning, building and inspections, and infrastructure development. The realignment enabled all development approval functions to be housed under one roof to better serve our community. In order to leverage the benefits of this new arrangement, the next critical step is to seamlessly integrate these services at an operational level. The City's Core Service Review, a review of City services, recognized opportunities to improve the delivery of our development and customer service, enable a more efficient process, and ensure alignment with PlanSJ. Under the leadership of Common Council, the 2013 service based budget committed dedicated resources over a three -year period to support a dedicated project team in advancing this strategic service improvement initiative. In 2013, a project team was formed with leads from planning, building, and infrastructure. A project charter attached to this report communicates the structure and deliverables to be achieved during the mandate of this program. As part of this program, Council directed staff to engage the development industry in Saint John to seek feedback on the opportunities and challenges with the existing development service delivery. In 2013, prior to the official launch of this program, the team engaged stakeholders directly involved in development to better understand the issues and how this initiative could be delivered to support their needs. This report communicates key messages heard during this engagement, and launches the project brand and plan to promote opportunities for continued engagement as we move forward. The One -Stop Development Shop Program, or One -Stop, also plays an important role in supporting delivery of the community's vision in PlanSJ for a more sustainable Saint John. Transforming the development service to facilitate an integrated, collaborative, and consistent approach focused on quality development will require a full review of the by -laws and processes necessary to effectively implement PIanSJ. The purpose of this report is to officially launch the One -Stop Development Shop, communicate the key messages from stakeholders, and to seek Council endorsement of the principles that will guide this program. Initial Stages Over the past year, the project team has been examining the potential around this program by undertaking extensive research and examining industry best practices. The foundation of the One -Stop Shop program is a new service delivery model to better serve our community. Critically importantly to this effort will be the development of a modern suite of by -laws to better facilitate quality development. The team wanted as part of their research to fully understand the opportunities and challenges with the existing system, and to do this we conducted interviews with over 60 individuals in 2013. These extensive interviews involved key industry representatives and our own staff. From these open discussions consistent themes emerged that highlighted the need for the following: • City and developers working together to move quality development forward; • Improved communication with clearer expectations on processes and requirements; Timely and efficient processes; and One -Stop Development Shop Program Launch & Guiding Prig pies 2 1 P a g e O Advice and options for moving forward early on in the process. Attitude and Vision At the outset, we recognized that in order to reengineer our existing development system and create a seamlessly integrated one that supported good community investment; we had to adopt a new attitude in working together with our customers. To ultimately be successful such a shift in attitude, which champions positive interaction around development, must also create a permanent culture that outlives this One -Stop initiative. Like the ZoneSJ project already well underway, to ensure that the entire One -Stop program embodies the necessary vision and synergy, it is vitally important to create clear principles that will influence and give shape to every program deliverable and milestone. The team believes that the success of One -Stop lies in the realization of these guiding principles. The following principles are directly related to the feedback from our stakeholders. It must be realized that these principles are in reality interrelated and the examples provided for one principle can usually relate to others as well. Guiding Principles nnovation & Continuous Improvement One -Stop must provide innovative solutions in a culture of continuous improvement. Themes Stakeholders routinely expressed concern with our existing by -laws, which were often perceived to be too cumbersome, out - dated, or incomplete. These by -laws were also considered as not being well coordinated leading to confusion and frustration by our customers. Similarly, the processes between our service areas were also perceived in a similar manner. Options The success of One -Stop will rely on the assembly of a complete suite of by -laws, processes, and tools that offer innovation to assist stakeholders through challenging and unique circumstances. A major milestone towards this endeavour will be the adoption of ZoneSJ, Saint John's upcoming new Zoning By -law this fall. While this project was part of the overall One -Stop initiative, work on this particular by -law had to proceed much earlier due to legislative requirements associated with the adoption of our award - winning PlanSJ in early 2012. One -Stop Development Shop Program Launch & Guiding PriySiples 3 1 P a g e One -Stop involves four additional development by -laws: Street Excavation, Subdivision, Building, and Stormwater Drainage, that will work together with of ZoneSJ. All these by -laws will embody the guiding principles of this program. So for the first time these by -laws will be integrated and work in harmony to avoid confusion and frustration by our customers. Accompanying these by -laws will also be better processes to support these innovative by -laws. Finally, the production of various deliverables and milestones associated with this major undertaking is meant to create an environment that will increase employee engagement and empowerment and produce a permanent attitude towards pursuing positive changes in how we will continue to facilitate quality development here in Saint John. Furthermore, service improvements will be implemented throughout the course of this three -year program. redictability & Clarity One -Stop must seek to provide all stakeholders with a predictable and transparent • experience. Themes Industry stakeholders often expressed confusion about the requirements and timelines associated with their applications. They also often expressed dissatisfaction with current by -laws, processes,.and the lack of available information. Conversely, staff expressed concern about the reoccurrence of inadequate submissions by customers, which inevitably leads to delays and frustration for both parties. They also expressed a need for improved information sharing, mutual support, and training within and between our service areas. Options In addition to a cohesive series of modernized by -laws and processes, they also need to be supported by information to help explain and navigate customers through the system. This information needs to be made available in a variety of ways providing helpful information with respect to requirements, processes, and expected timelines. Beyond these measures, other options for communication should be explored, including use of development handbook and process brochures to guide applicants through the process. Completing the initiative to better inform and educate applicants, an ongoing and timely collaborative approach with staff training and knowledge sharing is needed to provide the level of service customers are seeking. One -Stop Development Shop Program Launch & Guiding Pri. pies 4 1 P a g e acilitated & Streamlined One -Stop must seek to provide flexibility and streamlined processes for development. Themes Most stakeholders expressed that the existing model was too rigid and inflexible, and did not offer any acceptable options especially for unique projects or circumstances. Others expressed concern regarding delays in obtaining approvals for even minor projects. On the other hand, staff conveyed frustration in not being able to facilitate routine applications that were reasonable. Options It is vital that any approach to flexibility and streamlining maintain the integrity of our community standards. Therefore, the basis for facilitation and streamlining should be entrenched into the by -laws themselves, where acceptable alternatives and innovative processes can be clearly offered to our customers and the community alike. Facilitations and streamlining should not result in substandard development, or create unfair processes, but instead seek quality solutions to the unique challenges in a predictable manner. The team has been examining a number of opportunities used elsewhere that may be suitable for Saint John. Similar to how we advanced ZoneSJ, by -law provisions that enable acceptable alternatives need to be explored in our other by -laws. For example, Council may recall that a number of provisions were included with ZoneSJ to facilitate infill housing developments, allow for broader home renovation projects, and greater ranges of acceptable land uses, all without the necessity of seeking special City approvals. While our customers are seeking flexibility, we found our staff was equally eager to be directly part of that experience. One -Stop must seek to create an environment to make this collaboration happen. Concerning streamlining, a number of options are being carefully considered, including a fast - tracked approach to permits to reduce approval times for less complicated projects. A key component to this principle will be the submission of complete applications by our customers so that staff can better serve them. Depending on the complexity of the application, this may mean more will be required from the users of One -Stop. On the other hand, when quality of submissions are received, quicker turnaround times will result, especially for minor projects. One -Stop Development Shop Program Launch & Guiding Pri. 8iples 5 1 P a g e ustomer & Community Focused One -Stop must seek to be both customer and community focused. The final principle advocated is for a One -Stop that balances customer needs with community expectations. While our stakeholders provided a customer focused discussion, we believe that everyone would agree that at issue is good, sustainable development for the entire community. With this in mind, positive investments for our community need to be championed, while developments that would detract from this pursuit need to be respectfully challenged. At all times stakeholders need to encounter a professional and courteous staff who clearly communicates expectations and timelines. Yet, even more, we need to seize opportunities to collaborate with our stakeholders to change their projects into assets that will better our community. Pre - application consultation is one way how we could collaborate and provide guidance early in the process to achieve projects that benefit the community as a whole. One -Stop at a Glance One -Stop Development Shop is a multi -year program with a number of key deliverables and milestones that will make significant investment in our delivery of development services to the community. As mentioned earlier, while there is a dedicated team behind this initiative, the success of the endeavour will ultimately be measured by its enduring legacy. Figure 1 to the right provides a glimpse of the key milestones of One -Stop. As Council continues to direct this program, additional details will be reported around these events for consideration and approval. While our current research has aided us in preparing this general overview, efficiencies may be discovered as we move forward resulting in changes to the specific approach we take in delivering these milestones. Figure 1: One Stop Development Shop Program One -Stop Development Shop Program Launch & Guiding Pr ftiples 6 1 P a g e Service Improvements A significant number of improvements are anticipated over the course of this program. While we work towards major deliverables, many smaller ones will immediately affect our service delivery. For example: Completed ✓ Heritage Grant Program — Quicker access to leverage more grant funding; ✓ Land Gazette — Access to land related notices, restrictions, and other information about properties is now available; ✓ Same Day Permits — Same day sewer and water permits for repairs or renewals; and ✓ Payment Methods — Flexible payment methods (i.e., debit and credit cards) are now accepted in Planning in addition to cash and cheques. Underway • Street Excavation By -law — Restorations in a more timely manner; • Driveway Culvert Permits — Driveway culverts coordinated with customer construction schedules and available with building permit applications; • Street Lighting — Increased collaboration with developers seeking specific street lighting standards for their new subdivision developments; and • Development Handouts — Production of a series of helpful brochures for various home improvement projects. Next Steps The team has undertaken significant research and preplanning for One -Stop. This report has discussed our 2013 stakeholder engagement with industry and staff. A Project Charter for this significant program is also attached to this report. The next steps needed to move the program forward are: • The adoption of ZoneSJ this fall; • The consideration and adoption of a One -Stop service model; and • The development of a diversified stakeholder engagement program supporting each One -Stop milestone or major deliverable. One -Stop Development Shop Program Launch & Guiding Priy iples 7 1 P a g e Conclusion At this time, it is requested that Council endorse the guiding principles for the One -Stop Development Shop program. A report concerning the service delivery model for One -Stop, including options and service levels, will be formally presented to Council later this year, and will ensure that Council continues to play a leadership role in championing for positive change. The ZoneSJ project will be soon be entering the final adoption process soon. Finally, ongoing throughout the One -Stop program is stakeholder engagement and the implementation of service improvements. Recommendation That Common Council endorse the Guiding Principles of the One -Stop Development Shop as outlined in this report. Respectfully submitted, Amy Poffenroth, P.Eng, MBA Deputy Commissioner, Growth & Community Development Services JacfflMine Hamilton, MURP, MCIP, RPP Cormissioner, Growth & Community Development Services J. Patrick Woods, CGA City Manager Attachment: One -Stop Development Shop Project Charter One -Stop Development Shop Program Launch & Guiding Priy�pies 8 1 P a g e transforming our service • focusing on our customers moving towards a sustainable future Program Launch Common Council May 26, 2014 01me, Ou Bevel ifent SPiANMNN. --JAI I-IN,. INI H.k-i B.I. I: -Id ,Li %T mmi% Council Priorities -IM Citizen Economic Community Sustainable Focused Health of Choice Infrastructure Service Delivery By -law Services � Support ILIHILGrowth coy :ervaeon morovemenc la,,,ar,� Development C 0 ro CI) Imo. U as Or Oolvcl 04 D vela 0W Shy ��. I'I _4. K N I S4. 1'1111 -1Ne: INI R.% IRi. -i I: RI £,u %r I4 m%,' o oll 4-a z Penning W Inspection Enforcement Programming Economic Heritage • G .eographic Cultural Oolvcl 04 D vela 0W Shy ��. I'I _4. K N I S4. 1'1111 -1Ne: INI R.% IRi. -i I: RI £,u %r I4 m%,' Current Service Model By -laws Processes By -laws Processes By -laws Processes Service Service Servi Standards Standards Stand(, � M11 Zoning "Bydaw:;P, F.h—, MU Draft 01* V &. �unIt B evel IN�. 7. 111'Ilihop,�,Pi%, M_ ANN 11 WN4w IN R 111. 1: RI im 14o "Go from regulators to facilitators." - a developer "Time can kill a small project." f - a builder I, "Somewhere there is a communication breakdown." - a realtor "Developers want clear direction." - a consultant "It's not broken, just a little bent." - a contractor "Need information to know project costs." - a developer "Be in a position to help and give options." - staff ti "It has to be easy to do business." - a developer Opel 2iilwlD velo ent Shop ��. 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BOVO n# jho I'1,:4.titilti4��l'11111 is IN]H% r1 'NI S,l]tiT jiH3.'i MP 41AT. � � / dp - » redictabiility & %,o i a r i -Ey 00,t,& BovolloplWouit,�SOop Ul raer m, :, F4,e* e _ You � uyt y, w'avM I.�d�1 <o +e.an l�Na a W^4'�ncar �' . a>•,'T pas iaT n�+ . , a pn 1Y .'+'s ��ry elwMkraw w'antirec..M Ne �� .rv..i+A• � ffe�w ' n"`"'� YAPf"�M umsMS`dx 1wa15.M �� ^� � wJd all v.�T Slw 7nu4s: th. �pc.csa 4"�crxia6 wrth LLr lueo Predictability & wanly Z74 Development Shop MP 41AT. � � / dp - » ci I ita..,.ted Streamlined 0011,& BovolloplWouit,�SOop uo raer m, :, F4,e* e _ PAS L7 vss- No, Faci I itated & Streamlined ult 0e011,e& Dvlo , l lion#Sho IlANN N1. L III Wllw Iti7 -Fi t+IV. p r1 'NI 4P customer & Community Focused F � ' & C71i Beve l o een Shoe 1'1,A NN tii. . I11.171 N,i: 1,4 Fi:lti�i lit't i1'NI pS,l]tiT fiH3.'i " 4 Pa- e- .4ppL'L'cat�ow Customer & Community Focused . Dvi�th M_ NN ill IIIN4w 11 P R.k +111.1. -t f: Rl £,im ln'F, {l' si,�l d�u~5�ovt 3� L.aw I,CA L.awv-ll wk"CIPLe -5 SPXvice-L��erl{ htflde.L Acto(rt.lflv\ w 1 c1CTJLflriv� Servtice- �ov.5 -2:flv tvl B Law Serv�ce� �� -L.ver� hlode� �. +flv�s s4- orw"a4�e-r �ra�v�a�e FULL BT-L-aw Iw4em vrta-luon 0 Heritage Grant Program Land Gazette Same Day Permits Payment Methods Street Excavation By -law Driveway Culvert Permits Street Lighting Development Handouts VVovtK IN PROGRESS NEXTSTEPS 0/06 Ife'WopifontShop 11,A NNIN4.fill I'IIN4w IN] R% i:$I. -i 1: RI ,lltiT fiH3.'i 01*V% DMI I . ifeRlt%lSihop,�,p M NNISS� I'lll l'-IN4w IN R.il0.1. - f: Rl i ln'F, {l' 1 ooltl% Iul DMI�th PI_ NNI ill IIIN4w IN P R.k +111. -t 1 :liI im ln'F, {l' Apr \qA* 0 r OI1S :� n n !�5 Ir ,r c000 A ova Develop'me'nt Sho PI.ANNIN6 ]WEIA)INI(i JNI:KAS-I-KU(:-J[.)KI:P, N, 01*VCI Develb- nt Shop . 'I.lNN]*li 14R.)!dG JsI:klSiRJ4- - IUtl- k.ATNC Il]I °i11 Project Charter Version 1.0 Date March 13, 2014 Project Name One -Stop Development Shop Project Sponsor Jacqueline Hamilton Project Manager Amy Poffenroth Project Title and Description One -Stop Development Shop — Transforming our service to achieve a customer- focused approach to facilitate development that moves us towards our community's vision for a more sustainable Saint John. The development service covers all of the processes from project conception to completion. We will act as facilitators to enable effective and efficient service delivery to support our clients, community, council and colleagues. Business Case Common Council has made it a priority to focus on the Economic Health of the community by implementing clear and consistent internal processes to facilitate investment and development in Saint John while maintaining City standards that align with PlanSJ to deliver an integrated approach to economic development. The corporate re- alignment of City Services in 2012 has grouped the City related growth and development functions into one unifying service with the opportunity to facilitate the transition to a One - Stop Development Shop. With the structural alignment in place, the Core Service Review, a review of City services conducted in 2012, recognized several opportunities to further improve the delivery of development services. Stakeholders have expressed their concern to Council with the development service and are seeking change and improvements. Stakeholders want improved customer service, more accessibility to information and integrated and efficient processes with staff in one location (One -Stop Shop) from pre - application to approval. Council, through Resolution, has directed staff to engage the development industry (stakeholders) in Saint John to elicit their feedback with respect to opportunities and challenges with the existing development process. There is corporate commitment to implement PlanSJ to support more sustainable growth by transforming the development service to facilitate an integrated, collaborative and consistent approach focused on quality development and achieving efficiencies by completing the by -laws and policy documents necessary to effectively implement PlanSJ. PROJECT CHARTER — One -Stop Development Shop 104 11 Page Objectives The One -Stop Development Shop objectives are to deliver: A defined service delivery process within parameters of provincial legislation; Clear and consistent expectations and requirements for all stakeholders (Council, colleagues, our clients and the community at large); Improved customer service and strengthened customer relationships by implementing clear and consistent internal processes to facilitate investment and development in Saint John while maintaining City standards that align with PlanSJ; Leadership in Best Practices for delivering development services; Empowering staff to facilitate an integrated process, by creating a shared vision through training and support for their decision - making; and Effective enforcement of approvals and by -laws. Project Key Deliverables The One -Stop Development Shop project key deliverables will be phased -in approach that includes: • An integrated development service delivery model (framework) from project idea to completion; • An engagement program that will identify and meet the needs of stakeholders; • An implementation plan to operationalize the new service delivery model that will launch the changes needed to realize the model; and • An integrated suite of development related by -laws that support the service delivery model. Milestones Significant milestones for the One -Stop Development Shop will include an incremental approach with phased deliverables as provided in the chart on the following pages: PROJECT CHARTER — One -Stop Development Shop 105 21Pege MILESTONE DESCRIPTION TARGET DATE ZoneSJ - Engagement report and final draft Feb. 24 to 2414 Zoning By -law presented to Council to refer , to translation in preparation to commence MILESTONE the formal adoption process. ONE An updated work plan detailing project March objectives, deliverables, milestones, and (Tentative Maarch rch 31St) stakeholder engagement feedback. Full work plan and project communications plan. Draft Model — support of principles by Council before finalizing model. MILESTONE May 2014 TWO Stakeholder Engagement (Tentative May 31St) Communications Service Improvements (Excavation By -law Revision, etc.) Development Handbook Recommended Service Model Options Zoning By -law Adoption MILESTONE Service Improvements October 2014 (Tentative Oct 31S) THREE Stakeholder Engagement Communications Resource Expectations (2015 Budget Submission for Project) Final Service Model MILESTONE Stakeholder Engagement FOUR December 2414 Communications Service Improvements PROJECT CHARTER — One -Stop Development Shop 106 3 1 P a g e MILESTONE DESCRIPTION TARGET DATE Subdivision By -law Adoption Stormwater Drainage By -law (Reforms related to Subdivision By -law MILESTONE implemented) F FIVE April 2015 Service Improvements Stakeholder Engagement Communications Resource Expectations (2016 Budget Submission for Project) Service Level Standards Service Improvements MILESTONE Stakeholder Engagement October 2015 SIX Communications Operationalize the plan and staff implementation plan (Re -org) Implementation Communication Plan (Full roll -out) Stormwater Drainage By -law Zoning By -law amendment to implement Development Permit process MILESTONE Service Improvements December 2015 SEVEN (Tentative Dec 31St) Stakeholder Engagement Communications Building By -law Amendment MILESTONE By -laws complete EIGHT January 2016 Fully integrated process PROJECT CHARTER — One -Stop Development Shop 4 1 P a g e 107 Project Approval Requirements The One -Stop Development Shop project will have key project deliverables defined by a set of criteria identifying when a deliverable is complete and the approval level required. A One -Stop Development Shop will achieve success when deliverables have met agreed upon criteria and are approved and/or endorsed by the approving entities: The following chart identifies the deliverables, completion criteria and the approval requirements: PROJECT CHARTER — One -Stop Devefopment Shop 1: 5l Page Stakeholder communication Stakeholder support engagement Final Model Draft guiding principles Senior Leadership Team support (Framework) Full model implementation (policy) Team Agreement Council Endorsement Engagement Plan incorporates stakeholder input - Team Agreement Program engaged and communicated with up to implementing model (check -in at key intervals) Implementation Process Mapping; Training / SOPs City Manager and Senior Leadership Plan Service levels; Resources — staffing Team endorsement Communications Model implemented Council approval (budget process) By -laws Draft Team agreement Stakeholder engagement Staff support Adoption process (public hearing) Stakeholder endorsement Senior Leadership Team endorsement PAC approval Council approval PROJECT CHARTER — One -Stop Devefopment Shop 1: 5l Page Preliminary Budget The One -Stop Development Shop preliminary budget, based on the Project Charter, is broken out by year as follows: Year Details Stakeholder List The stakeholders identified in the below chart represent those who may be affected or perceived to be affected by the Project and their requirements: Stakeholder Backfilling of professional staff (secondments to the Project Team) Development Industry and Clarity /predictability of process and efficiency; Relationship Translation; special studies; engagement facilitation $393K 2014 Consulting for Zoning By -law (others as necessary) Community Responsible development, sustainable growth, community Legal Contracted Services values, effective enforcement Applicants (Note — some costs may need to be absorbed in service budgets to Support advancement of True Growth 2.0 complete project deliverables) 2015 Communication — Implementation requirements $382K Commitment for staffing 2016 Implementation based on Council desired service level TBD (gold, silver, bronze) Stakeholder List The stakeholders identified in the below chart represent those who may be affected or perceived to be affected by the Project and their requirements: Stakeholder Development Industry and Clarity /predictability of process and efficiency; Relationship Associations building; clear communications of expectations and requirements Community Responsible development, sustainable growth, community values, effective enforcement Applicants Clarity /efficiency; customer service-, education Support advancement of True Growth 2.0 Enterprise Saint John Influence in the community — creating awareness PROJECT CHARTER — One -Stop Development Shop 109 61 Page Stakeholder -q Planning Advisory Committee Part of approval process, education Board of Trade Influence in the community - creating awareness Canadian Federation of Independent Businesses (CFIB) Influence in the community - creating awareness Urban Development (Waterfront Development, Uptown SJ, and Influence in the community - creating awareness SJ fort Corporation) Growth & Community Development — process City Staff improvement in all service areas; training; awareness building and support. Common Council Economic health, sustainable growth; sustained commitment — approval. Province of New Brunswick Support for legislated reforms; enact by -laws; opportunities to integrate on approvals plans. PROJECT CHARTER — One -Stop Development Shop 110 71 Page Project Structure The Project Structure for the Development One -Stop Shop is illustrated in the following chart with roles and responsibilities defined on the following page: Stakeholders Team Lead Building & Inspections Team Members Building & Inspections Common Council City Manager Sponsor Project Manager Team Lead Infrastructure Development Team Members Infrastructure Development I Senior Leadership I Team Team Lead Planning Team Members Planning Functional Managers Common Clerk's Office Legal Human Resources Communications External Service I Providers PROJECT CHARTER — One -Stop Development Shop 8 1 P a g e 111 Roles and Responsibilities: Common Council The governing body that provides approval, endorsement or direction for project goals and outcome and is a champion in the community for the project and integrated service delivery. City Manager and Senior Leadership Team Champion in the community by ensuring strategic alignment and organizational change; resource allocation /commitment-, advising /supporting to ensure model and process is sustainable; and is part of the approval (endorsement) process. Sponsor The person who provides resources and support for the project and is accountable for enabling project success. The sponsor acts as a champion for the project and is a point of escalation for decision making areas beyond the project manager's authority and may assist in engaging and managing stakeholders as needed. The Sponsor is the liaison from the Project Team to the City Manager and the Senior Leadership Team. The Sponsor signs -off on deliverables before they go to the City Manager /Council. Project Manager The person who leads the project team; performs integration management; manages the coordination of work; develops and maintains a detailed project plan; manages the relationship with the functional managers; manages project communications; manages stakeholder expectations and requirements; and manages the Team Budget. The Project Manager is the liaison from the Project Team to the Sponsor. Team Leads Team Leads perform duties similar to the project manager but for a specific area of work as identified in the work breakdown structure within the project. The team leads ensure collaborative, integrated specific areas of work into solutions/model-, while planning and executing the project plan. Team Members The people supporting the Team Leads by providing information as requested, executing assigned tasks, and reporting back to the Team Leads. Common Clerk's Office Support with Council; scheduling for approval processes; advertising of by -laws (procedural requirements); scheduling regular updates /milestones; and information management (advice). PROJECT CHARTER — One -Stop Development Shop 112 91Pege Legal To provide by -law draftingltranslating (regulations) into legal by -law format (final reviewlformat); and provide legal advice — implement enforcement tools as per the service agreement. Human Resources Change management related to job function and competency training; link between service requirement and job descriptions /evaluations-, update establishment. Communications Support the developmentlexecution of communications plans; advice for engagement and education. Functional Managers The Functional Managers are those who offer subject matter expertise to various team requests for the project from their functional areas. External Service Providers Supply service as requested /required per contract/statement of work. High Level Risks The identified high levels risks for the Development One -Stop Shop that may impact and affect the successful delivery of the project include: Risk Project Impact I Budget This is a multi -year project that requires sustained financial support. j --{II The capacity /availability of legal resources for supporting the team Legal Department by providing legal advice and drafting of by -laws is essential to ensure project success. The Provincial schedule for the enactment of the New Brunswick Building Code Act is unknown and within limited influence of the Provincial Legislation 1 Reforms I�' project sponsor. The implementation of the Building By -law is I directly related to the enactment of the Building Code Act TAdequate succession planning; requiredltrained staffing for Staffing implementation; development market demands on existing resources. Council Priority Continuity leading into final project deliverable during pre - election period. Physical Space City Hall lease and adequacy /location of a Development One -Stop Shop. PROJECT CHARTER — One -Stop Development Shop 10 1 P a g e 113 Project Authorization Role i nature Date Sponsor gcy-cj� 1-7 Project Manager PROJECT CHARTER -- One -Stop Development Shop 114 111 P a;,7 e J IIIIIIilirrlr. IiiilrIIIIIIliriiIrIIIG I I IIIIII All IIIIIIII10111 1iilirr11111irrler11irr1rirIIIIIIIIIIIIIIIII I I I I I I I I I I I I I : I I I ; I I I *V& 10 evelopifent Shop t. ?try5 PLANNING BU"ILDING INFRASTRUCTURE, T[ RE, A TT JOHN PROJECT LAUNCH COUNCIL LEADERSHIP Under Council's leadership, the City is excited to launch a new program called the One -Stop Development Shop. This commitment will result in improvements over the next several years to the City's development service to better support economic growth, be more responsive to customer needs and help deliver the community's vision set out in PlanSJ for a more sustainable Saint John. Having all development services now ` under one Department - "Growth and Community Development Services" - will position the City for service delivery excellence that achieves quality and timely results for our customers. ONE -STOP DEVELOPMENT SHOP Transforming the development service: The program will improve our development service by focusing on our customers and facilitating sustainable growth for our community. The One - Stop program will require a full review of development process; related by- laws; and service standards; researching and examining industry best practices; and focusing on a made in Saint John solution. A new service model is necessary to fully leverage the opportunities of this new program. The model will provide new tools and processes that will modernize, streamline and meet the community's expectations for development. The One -Stop Development Shop will be implemented progressively through a series of service level options, by -laws and service improvements. The program is designed to ensure stakeholder engagement throughout the process. Stakeholder Engagement - In addition to the widespread community engagement hosted as part of the ZoneSJ process, during the last year staff have conducted over 60 interviews to understand the development industry's perspective on what is working and what needs improvement. Stakeholders have provided fair, constructive, and positive feedback that will guide improvements to the development service. They envision a program that has: • City and developers working together to move quality development forward; • Improved communication with clearer expectations on processes and requirements; Advice and feedback at early stages in the project. 115 Spring 2014 t 2014 2015 41 F ses CC- • 2016 op { The One -Stop Development Shop Team is looking forward to working with the community on this exciting new program as we move forward. To learn more about the process which will unfold over the next two years, we encourage you to be involved. You can register your e-mail for the One - Stop Development Shop updates or for more information please contact the One -Stop Project Team at: OneStop @saint j ohn.aa 506.658.2835 10th floor City Hall DevulupWent Shop !_J BUILDING INFRASTRUCTURE SAINT JOHN 116 ooiPORT TO COMMON COUNCIL May 5, 2014 M &C 2014 - 64 His Worship Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT Municipal Street Lighting Best Management Practice BACKGROUND W The City of Saint John Currently, the City of Saint John does not have a guideline or standard method in place for staff, developers, contractors, or designers, to follow when upgrading existing or implementing new roadway lighting infrastructure or to consistently address citizen requests for additional municipal street lighting. The purpose of this document is to provide a standardized, consistent, efficient and cost effective process for the design, approval and installation of Municipal Street Lighting. ANALYSIS In April 2012, the City of Saint John, in partnership with Saint John Energy, engaged Dillon Consulting Limited, to develop a Municipal Street Lighting Best Management Practice document. Additionally, a Technical Steering Committee was established to help guide the development of the Municipal Street Lighting Best Management Practice. The Technical Steering Committee was comprised of: City of Saint John • Samir Yammine, Energy Manager, Finance and Administrative Services • Holly Young, Manager, Infrastructure Development, Growth & Community Development Services • Kevin Rice, Deputy Commissioner, Transportation & Environment Services • Tim O'Reilly, Traffic Engineer, Pedestrian and Traffic Services - Transportation & Environment Services • Mark Reade, Senior Planner - Growth & Community Development Services Saint John Energy • Darin Lamont, Vice President, Engineering & Operations 117 M &C 2014 - 64 May 5, 2014 Page 2 The development of the Street Lighting Best Practice document was guided by the following street lighting guiding principles in order to: • contribute to roadway user safety; • assist in the conservation of energy; assist in preserving the experience of the night sky (minimize light pollution); • provide respect for the privacy of residential space (minimize light trespass); • provide a consistent and standard approach to design; and a ensure financial sustainability with respect to construction, maintenance and operating costs. In accordance with the defined principles for the street lighting best practices, the Technical Committee along with the Consultant consulted various municipalities on their guidelines and practices to determine requirements and standards in other jurisdictions. As well, in preparing recommendations for Saint John, the Consultant reviewed and incorporated several industry standards and practices for municipal street lighting in accordance with recognized documents such as the Transportation Association of Canada (TAC) Manual and the Illuminating Engineering Association (IES). The Consultant also conducted several street lighting analyses, including lighting levels, on 28 existing City streets, to help determine the lighting levels required for the Warrant System. The Municipal Street Lighting Best Management Practice Document The Document is intended to provide adequate street lighting uniformity for full street reconstructions, new developments, and where applicable, to assess requests on existing municipal street lighting conditions across the City. This document applies to streets that are under the jurisdiction of the City, it does not apply to private roads and /or properties, open spaces, parks, provincial and regional designated highways. The entire Document has been attached to this report. Outline of Municipal Street Lighting Best Management Practice: Lighting Levels The Municipal Street Lighting levels shall be in accordance with the Transportation Association of Canada (TAC) Guide. Design Criteria Designs shall endeavor to provide consistent illumination for street lighting throughout the City while meeting the requirements in this document. Street lighting shall be designed by the City or their approved lighting designer /consultant, taking into consideration the requirements to promote safety and security for drivers and pedestrians, control glare, 118 M &C 2014 - 64 May 5, 2014 Page 3 minimize lighting trespass onto adjacent properties, minimize direct upward light emissions, energy conservation and minimize over lighting. Street lighting within the City shall be standard cobra head style except in specified areas such as Uptown Saint John, locations designated as Heritage areas, and any other areas where special approvals have been granted. Materials and Installation Light pollution contributes to sky glow, glare, and light trespass, light clutter, decreased visibility at night and energy waste. The City recognizes the effects that light pollution has on the environment and therefore has an interest in reducing the amount of light pollution generated by street lighting. As such, the City has selected full cut -off fixtures for all applications. Developers may request an equivalent manufacturer's decorative or standard lighting. The Chief City Engineer or designate shall review all requests and advise if it is acceptable. All new street lighting shall be light- emitting diodes (LEDs). High Pressure Sodium (HPS) street lighting may be considered for decorative or ornamental purposes. Warrant Process As municipal street lighting may not be required (warranted) on all roadways nor be beneficial to drivers in all situations, the City shall use a point -score lighting warrant system based on the standards described in the TAC Manual - Guide for the Design of Roadway Lighting. The Warrant Analysis system, Table 10 (Refer to the attached document), shall be used to evaluate, calculate and determine the need for full, partial or no lighting. New developments shall be reviewed by the City after the preliminary roadway layout has been designed. The City shall use the Warrant System to determine the level of lighting required and shall inform the developer of these requirements. For existing roadways, should a citizen request a street light, a lighting warrant shall be performed by the City. The City shall not review requests for lighting on private property; the warrant system shall only be valid for municipal street lighting applications. The City shall review the section of roadway in question and based on the result of the warrant lighting system, determine if lighting is required. The roadway shall be reviewed from the closest two intersecting streets or for a distance of 1 kilometer, whichever is smaller. 119 M &C 2014 -64 May 5, 2014 Page 4 New Developments and Approval Process The document outlines the municipal street lighting submission review /approval process for new developments. New developments may include residential subdivisions, commercial, industrial or institutional developments that will create a new intersection onto an existing roadway or that will create a new road or an extension to an existing roadway. FINANCIAL IMPLICATIONS In the short term, the implementation of the Street Lighting Best Management Practices shall not result in any increase or reduction to the Street Lighting operating budget; however, in the long term there will be energy and maintenance cost savings as the result of the installation of LED fixtures on new and existing street lights. Furthermore, this Document shall ensure financial sustainability with respect to the maintenance and operating costs of the street lighting within the City. ONE -STOP DEVELOPMENT SHOP This Document is a customer service improvement in accordance with the One -Stop Development Shop project. RECOMMENDATION It is recommended that Common Council endorse the "Municipal Street lighting Best Management Practice for the City of Saint John" in the form as attached and further authorize staff to make necessary technical revisions on a go- forward basis. Respectfully submitted, Samir Yammine, P.Eng. Energy Manager Wm. Edwards, P.Eng. Commissioner, Transportation & Environment Services 120 Greg Yeomans, CGA Commissioner, Finance and Administrative Services J. Patrick Woods, CGA City Manger *1 SAINT JOHN Table of Contents SECTION Page 1. Abbreviations ................................................................................................. ..............................1 2. References ................................................................................................. ..............................1 3. Glossary of Terms .............................................................................................. ..............................1 4. Introduction ................................................................................................. ..............................4 4.1 Purpose ................................................................................................. ..............................4 5. General Information .......................................................................................... ............................... 5 5.1 Lighting Levels ..................................................................................... ............................... 5 5.2 Design Criteria ..................................................................................... ............................... 7 5.2.1 Pole Offsets for Roadway Surfaces ........................................ ............................... 7 5.2.2 Pole Heights and Spacing ........................................................ ..............................8 5.2.3 Luminaire Wattages for Different Roadway Classifications ..... ..............................8 5.2.4 Light Level Calculations ........................................................... ..............................8 5.2.5 Other System Components ..................................................... .............................10 5.3 Materials and Installation ..................................................................... .............................10 6. Roadway Street Lighting Assessments ............................................................ .............................12 6.1 Warrant Process .................................................................................. .............................12 7. New Developments ........................................................................................... .............................14 7.1 Submission Requirements and Approval Process ............................... .............................14 APPENDICES Appendix "A" — Standard Construction Practices Appendix "8" — Material Cut Sheets 122 City of Saint John Municipal Street Lighting - Best Management Practice 1. Abbreviations CEC Canadian Electrical Code (Part 1) CSA Canadian Standards Association City The City of Saint John IDA International Dark Sky Association IES Illuminating Engineering Society IESNA Illuminating Engineering Society of North America IMSA International Municipal Signals Association NEMA National Electrical Manufacturer's Association SJE Saint John Energy TAC Transportation Association of Canada 2. References • ANSIIIESNA RP -8 -00 Roadway Lighting (Reaffirmed 2005) IES The Lighting Handbook 10 h Edition • TAC Guide for the Design of Roadway Lighting, latest revision City of Saint John Subdivision By -Law, latest revision • City of Saint John General Specifications, latest revision • City of Saint John Trails and Bikeway Strategic Plan (May 2010) 3. Glossary of Terms Average Illuminance — The average maintained level of horizontal illuminance on the roadway pavement when the output of the lamp and luminaire is diminished by maintenance factors. It is expressed in average lux (or foot -candles) for the pavement area. Chief City Engineer — As appointed by Council, or any person authorized by him to act on his behalf. City — The City of Saint John. Colour Rendition — A measure of a lamp's ability to accurately show colour, using the sun's light as the standard. Colour rendition is measured on the Colour Rendering Index (CRI) scale from 1 to 100. The sun has a CRI of 100. Curvilinear Road — A curvilinear roadway, for the purposes of this document, shall refer to roadways in which the decision sight distance for on- coming traffic or pedestrians is not achieved. Effective Life — Typically measured in hours, it is the amount of time a lamp can operate before needing to be replaced i.e.; burn out. For LEDs, it the length of time before the emitted light is reduced to 70% of its original output (also called the L70 point). Foot - candle (fc) —A unit of measuring illuminance. Full Lighting — Lighting of the entire roadway within a defined area in a uniform manner shall meet the full level requirements as set forth in this document. Glare — An excessive level of light that results in visual discomfort; there are three (3) classifications of glare: disability glare, discomfort glare, and nuisance glare. Illuminance — The density of the luminous flux incident on a surface. It is the quotient of the flux by the area of the surface when the latter is uniformly illuminated. Intersection — Where two or more public streets come together. Lamp — General term for a non - natural source of light. March 2014 Page 2 of 15 123 City of Saint John Municipal Street Lighting - Best Management Practice Lamp Wattage — The rate at which a light source will consume electric energy measured in watts (W). LED — is a solid -state lamp that uses light- emitting diodes (LEDs) as the source of light. LED lamps offer long service life and high energy efficiency. Lighting Designer - A qualified designer 1 consultant performing street lighting calculations and designs for municipal street lighting based. The designer 1 consultant must be a professional engineer registered in New Brunswick, have significant experience in municipal street lighting design and be approved by the Chief City Engineer. Lighting Upgrade — The addition of street lighting or change of existing street lighting based on the results of a completed street light warrant. Lighting upgrades shall be performed on new roadways, reconstruction of existing roadways or due to warrant results. Luminaire — A complete lighting unit consisting of a lamp(s) together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply. Luminance — The luminous intensity of any surface in a given direction per unit of projected area of the surface as viewed from that direction. Lux — Unit of illuminance and luminous emittance, measuring luminous flux per unit area Partial Lighting — Lighting at a decision point or points, typically at curvilinear roadway safety points and intersections. Typically this type of lighting would be a single fixture installation. Pavement Classification — Classification that relates to the type of road surface (Portland cement concrete and different aggregate compositions of asphalt) and the associated reflectance characteristics. Pedestrian Conflict — Classification that relates to the interaction of pedestrians and vehicles in a certain area, typically related to land use. High Pedestrian Conflict — An area with a significant number of pedestrians expected to be on the areas during the hours from dusk to dawn, 100 or more pedestrians in a one hour time period. An example of a high pedestrian area includes Uptown Saint John. Medium Pedestrian Conflict — An area where fewer pedestrians are expected to be on the areas during the hours from dusk to dawn, approximately 11 — 99 pedestrians in a one hour time period. Examples of medium pedestrian areas include: urban commercial or industrial areas, areas with multifamily residential, community buildings, neighbourhood shopping and/or transit lines. Low Pedestrian Conflict — An area where little to no pedestrians are expected to be on the areas during the hours from dusk to dawn, 10 or less pedestrians in a one (1) hour time period. Examples of low pedestrian areas include: short urban streets with single- family homes. Roadway Classification Arterial Street — An arterial street is considered a street designed for through traffic usually on a continuous route, with or without intersections at grade, giving direct access to abutting property, and on which geometric design and traffic control measures may be used to expedite the safe movement of through traffic. Collector Street — A collector street is considered a street designed to provide access to abutting properties which also serves to collect and distribute traffic between arterial and local streets. Local Street — A local street is considered a street designed primarily for access to a residence, business or other abutting property. Rural Road — A rural road is considered to be similar to a local street, serving larger un- serviced lots with on -site facilities. These roadways are outside the City's Primary Development Area as shown on the Municipal Development Plan (Schedule B — Future Land Use, latest revision). Rural roads shall March 2014 124 Page 3 of 15 City of Saint John Municipal Street Lighting - Best Management Practice not have street lighting unless deemed necessary due to dead ends, lighting warrants, intersections and/or vertical /horizontal curvature. If lighting is warranted, rural roads shall meet the requirements of local roadways with low pedestrian conflict. Street Light Pale — A metal or wooden pole that has a street light mounted on it as an attachment. Uniformity — A measure of the change in intensity of light over a certain area. The smaller the difference between the brightest point and the darkest point (or the brightest and the average) in a given area, the better the uniformity. Veiling Ratio —A measure of glare from the roadway. Visibility — The quality or state of being perceived by the eye. Typically in street lighting it is defined as the distance at which an object can be seen. 4. Introduction The City has developed this Municipal Street Lighting Best Management Practice (Document) in order to standardize the process for design, review and assessment of municipal street lighting in the City of Saint John. This Document is intended to provide adequate street lighting uniformity (location, spacing, type, and /or amount) for full street reconstructions, new developments, and where applicable, to assess requests on existing street lighting conditions across the City. All street lighting evaluations and requests shall consider user roadway, user safety, cost benefit analysis and capital cost. With the exception of emergency requirements, any warranted street lighting will be prioritized and considered during budget deliberations. Consideration for street lighting will only be within the municipal right -of -way and not for private lighting purposes. Municipal street lighting designs in Saint John shall be in accordance with the Transportation Association of Canada (TAC) Guide for the Design of Roadway Lighting. These Practices are to be read in conjunction with the TAC Guide for Roadway Lighting. Those performing designs in Saint John must be knowledgeable in all parts of the TAC Guide for Roadway Lighting. All design must be in conformance with Canadian Electrical Code. This Document shall apply to streets that are under the jurisdiction of the City, it does not apply to private roads and /or properties, open spaces, parks, provincial and regional designated highways. Although the Document addresses several lighting design situations, there may be instances where a lighting design is not covered. Where special circumstances arise, the City may vary from the requirements of this Best Management Practice and use recognized municipal lighting standards. 4.1 Purpose The purpose of the City of Saint John Municipal Street Lighting Best Management Practice is to develop principles that will: • contribute to roadway user safety; • assist in the conservation of energy; • assist in preserving the experience of the night sky (minimize light pollution); • provide respect for the privacy of residential space (minimize light trespass); provide a consistent and standard approach to design; and ensure financial sustainability with respect to construction, maintenance and operating costs. March 2014 125 Page 4 of 15 City of Saint John Municipal Street Lighting - Best Management Practice 5. General Information 5.1 Lighting Levels The street lighting levels shall be based on the TAC and ANSIIIESNA. The recommended levels for each type of roadway are described below: Horizontal Luminance - the recommended measurement for standard roadways. The calculations to be performed for a roadway are average, uniformity and veiling ratio; Table 1 illustrates the acceptable levels for horizontal luminance. Horizontal Illuminance - the recommended measurement for intersections, including curvilinear road sections, cul -de -sacs and roundabouts; Table 2 illustrates the acceptable levels for horizontal illuminance. Vertical lilluminance - the recommended to measure lighting at pedestrian areas to ensure the safety of pedestrians; Table 3 illustrates the acceptable levels for vertical illuminance. Table 1 — Horizontal Luminance Criteria for Roadways* March 2014 Roadway Classification Pedestrian Conflict Minimum Average (cdlm2) Maximum Uniformity (L, .1Lm,j Maximum Veiling j Ratio `L'I.. Lave) Arterial Hi h z 1.2 5 3.0 5 0.3 Medium >_ 0.9 <_ 3.0 5 0.3 Low z0.6 <_3.5 <_0.3 Collector High 0.8 <_ 3.0 5 0.4 Medium a 0.6 s 3.5 S 0.4 Low >_ 0.4 5 4.0 <_ 0.4 Local High >_ 0.6 5 6.0 <_ 0.4 Medium a 0.5 56.0 5 0.4 Low z0.3 56.0 50.4 Rural* NIA Values in Table 1 are derived from TAC, Guide for the Design of Roadway Lighting (2006). * Rural roads shall not have street lighting unless deemed necessary due to dead ends, lighting warrants, intersections and/or curved road sections. Where warranted rural roads shall meet the requirements of local roadways with low pedestrian conflict. 126 Page 5 of 15 City of Saint John Municipal Street Lighting - Best Management Practice Table 2 - Horizontal Illuminance Criteria for Curvilinear Road Sections, Cul -de -sacs and Roundabouts* Roadway Classification Pedestrian Conflict Minimum Average (lux) Maximum Uniformity (E.v�IEm,.) Maximum Veiling Ratio (LYmax /Lev9) R1t Re Rat Arterial High ? 12.0 217.0 2-15.0 <_3.0 50.3 Medium ? 9.0 >_ 13.0 >_ 11.0 <_ 3.0 50.3 Low a 6.0 a 9.0 a 8.0 53.5 <_ 0.3 Collector Hi h 2- 8.0 2- 12.0 2- 10.0 5 3.0 S 0.4 Medium 2:6.0 >_ 9.0 ? 8.0 5 3.5 <_ 0.4 Low k 4.0 a 6.0 a 5.0 5 4.0 5 0.4 Local High 2- 6.0 2- 9.0 2- 8.0 5 6.0 5 0.4 Medium ? 5.0 ? 7.0 ? 6.0 :5 6.0 <_ 0.4 Low 2- 3.0 2:4.0 z 4.0 5 6.0 5 0.4 Rural* NIA t R1, R2, R3 and R4 are defined in the ANSVIESNA RP -8-00 Roadway Lighting (Reaffirmed 2005), Table 1: Road Surface Classifications ' Values in Table 2 are derived from TAC, Guide for the Design of Roadway Lighting (2006). Rural roads shall not have street lighting unless deemed necessary due to dead ends, lighting warrants, intersections and/or curved road sections. Where warranted rural roads shall meet the requirements of local roadways with low pedestrian conflict. Table 3 - Vertical Illuminance Criteria for Pedestrian Areas* Pedestrian Maintained Uniformity Ratio Minimum Conflict Average Vertical (E.JEm,�) Maintained Vertical 26.0 Illuminance (lux) 3.0 Illuminance (lux) High 20.0 4.0 10.0 Medium 5.0 4.0 2.0 Low 3.0 6.0 0.8 ' Values in Table 3 are derived from TAC, Guide for the Design of Roadway Lighting (2006). Pedestrian areas in this table are considered walkways adjacent (within 5 metres) of the roadway. Table 4 - Illuminance Criteria for Intersections* Intersection Classification Average Illumination at Intersections by Pedestrian Conflict Classifications lux E 4Emin High Medium Low Arterial /Arterial 34.0 26.0 18.0 3.0 Arterial /Collector 29.0 22.0 15.0 3.0 Arterial /Local 26.0 20.0 13.0 3.0 Collector /Collector 24.0 18.0 12.0 4.0 Collector /Local 21.0 16.0 10.0 4.0 March 2014 127 Page 6 of 15 City of Saint John Municipal Street Lighting - Best Management Practice Local /Local 18.0 14.0 8.0 6.0 Rural Intersections* 9.0 7.0 1.0 6.0 Values in Table 4 are derived from TAC, Guide for the Design of Roadway Lighting (2098). * Rural roads shall not have street lighting unless deemed necessary due to dead ends, lighting warrants, intersections and/or curved road sections. where required illumination levels for rural intersections shall meet partial intersection lighting level requirements. 5.2 Design Criteria Designs shall endeavour to provide consistent illumination for street lighting throughout the City while meeting the requirements in this document. Street lighting shall be designed by the City, or their approved lighting designer / consultant, taking into consideration, the requirements to promote safety and security for drivers and pedestrians, control glare, minimize lighting trespass onto adjacent properties, minimize direct upward light emissions, energy conservation and minimize over lighting. Street lighting within the City shall be standard `cobra head' style except in specified areas such as Uptown Saint John, locations designated as Heritage Areas, and any other areas where special approvals have been granted. In areas illuminated with decorative lighting, all efforts shall be made to meet the requirements of this document; however, it is acceptable for average illumination levels to be lower than prescribed as long as the uniformity ratio is met. 5.2.1 Pole Offsets for Roadway Surfaces Pole offsets for roadway surfaces shall be in accordance with the typical cross sections of the City's General Specifications and as outlined below: • For roadways that include curb and sidewalk, street light poles shall be located between the curb and sidewalk (sod median). • For rural roadway classifications, street light poles shall be located a minimum of 1.85 m outside the edge of asphalt. • For roadways with shared use trails adjacent to the roadway street light poles shall be located a minimum of 1.5 m outside the edge of asphalt. Where pole offsets and proposed locations are not possible, lighting calculations and proposed shall be reviewed to determine the best possible location for poles and the design shall be reviewed by the Chief City Engineer or designate. 5.2.2 Pole Heights and Spacing Street light pole heights and spacing shall vary based on the luminaire wattage and the type of luminaire and the roadway classification. Table 5 provides the required pole heights and spacing. Table 5 — Pole Heights and Spacing Luminaire Wattage Pole Height (Above Ground) Single Side Spacing Double Side Spacing (Staggered or Opposite) 100W MPS (44W LED) - 50 m Standard Flat Glass >_ 7.6 m 35-45m Staggered Fixture March 2014 128 Page 7 of 15 City of Saint John Municipal Street Lighting - Best Management Practice * 25OW luminaires are only to be used on arterial roads where 150W luminaires are not able to reach the proper lighting levels. Mounting heights for standard flat glass fixtures are based on using standard mast arms, length of either 1.2 m or 3.1 m based on the location of the pole and results of the calculations. For installation of standard flat glass fixtures on street light poles, the developer is to coordinate mounting heights and spacing with the Chief City Engineer or designate, selecting the most appropriate wattage to meet the required levels. For new residential areas, the recommended street light pole location shall be on lot lines between properties to assist in the elimination of light trespass into houses. All street lighting designs shall be done based on the specific roadway. Pole heights and spacing are to be designed based on the lighting level calculations to best meet the lighting levels required. 5.2.3 Luminaire Wattages for Different Roadway Classifications Luminaire wattages shall vary based on the type of luminaire and the roadway classification. Table 6 provides the required luminaire wattages as follows: Table 6 — Luminaire Wattage Luminaire Wattage Roadway Classification 10OW HPS (44W LED) Standard Flat Glass Fixture 45 - 50 m 150W HPS (88W LED) Rural, Local or Collector *250W HPS (131 W LED) Standard Flat Glass Fixture Staggered Standard Flat Glass ? 7.6 m: 40 - 45 m 45 - 50 m Fixture Opposite (4 lane Collector only) *25OW HPS (131W 45 -55 m LED) Standard Flat 9.144 m Not Recommended (4 lane Collector I Arterial) Glass Fixture Opposite 150W HPS (75W LED) 45 -- 50 m Post Top Decorative 4.5 m 28 -35 m Staggered * 25OW luminaires are only to be used on arterial roads where 150W luminaires are not able to reach the proper lighting levels. Mounting heights for standard flat glass fixtures are based on using standard mast arms, length of either 1.2 m or 3.1 m based on the location of the pole and results of the calculations. For installation of standard flat glass fixtures on street light poles, the developer is to coordinate mounting heights and spacing with the Chief City Engineer or designate, selecting the most appropriate wattage to meet the required levels. For new residential areas, the recommended street light pole location shall be on lot lines between properties to assist in the elimination of light trespass into houses. All street lighting designs shall be done based on the specific roadway. Pole heights and spacing are to be designed based on the lighting level calculations to best meet the lighting levels required. 5.2.3 Luminaire Wattages for Different Roadway Classifications Luminaire wattages shall vary based on the type of luminaire and the roadway classification. Table 6 provides the required luminaire wattages as follows: Table 6 — Luminaire Wattage Luminaire Wattage Roadway Classification 10OW HPS (44W LED) Standard Flat Glass Fixture Rural or Local 15OW HPS (88W LED) Standard Flat Glass Fixture Rural, Local or Collector *250W HPS (131 W LED) Standard Flat Glass Fixture Arterial 150W HPS (75W LED) Post Top Decorative Local or Collector * 250W luminaires are only to be used on arterial roads where 15OW luminaires are not able to reach the proper lighting levels. All street lighting designs shall be done based on the specific roadway. Luminaire wattages are to be designed based on the lighting level calculations to best meet the lighting levels required. 5.2.4 Light Level Calculations Luminance is the preferred measure for roadway surfaces as it measures the light that is reflected from the roadway surface to the observer looking down at the roadway, and is used as a measurement to ensure minimal over lighting. For standard roadway surfaces, the City or their approved lighting designer 1 consultant, is required to calculate the horizontal luminance. March 2014 129 Page 8 of 15 City of Saint John Municipal Street Lighting - Best Management Practice For roadway surfaces that are curvilinear, illuminance is the preferred measure as the levels are not dependent on an observer and only consider the light that strikes off the surface regardless of the location of the observer. • The City or their approved lighting designer 1 consultant shall, as a minimum, perform the following street lighting calculations: • Horizontal Luminance Criteria for Roadways (Table 1) • Horizontal Illuminance Criteria for Curvilinear Road Sections, Cul -de -sacs and Roundabouts (Table 2) • Vertical Illuminance Criteria for Pedestrian Areas (Table 3) • Illuminance Criteria for Intersections (Table 4) • The City or their approved lighting designer / consultant shall perform street lighting calculations such that the lighting levels are as close to the acceptable averages as possible without significant over lighting. Pole spacing, wattages and pole heights shall be adjusted to ensure over lighting, trespass light and glare are minimized. The City or their approved lighting designer 1 consultant shall perform all calculations using a 0.8 light loss factor for new luminaires. The City or their approved lighting designer 1 consultant shall prepare drawing submissions for the lighting level calculations that shall include the following: • Layout of the roadway with grid points within the edge of pavement; • Horizontal luminance calculation for the entire standard roadway showing Average, Uniformity (Avg /Min); • A separate horizontal illuminance calculation for each intersection, curvilinear road section, roundabout or cul -de -sac, including the intersection to the existing street, including Average, Uniformity (Avg /Min); • A separate vertical illuminance calculation for each cross walk or sidewalk if it is immediately adjacent to the edge of pavement, including Average, Uniformity (Avg /Min); and • A legend indicating the type of luminaires, polelmounting heights, quantities of each luminaire, light loss factor used and wattages used. Acceptable lighting software(s) shall be the latest version of any of the following: • AutoLUX; • AGi32; • Cooper Luxicon; • GE Aladdin; or • Visual 5.2.5 Other System Components Other lighting system components that must be considered are: wiring, underground conduit, power connection points, and fusing. These system components shall be designed to meet CEC requirements, -the local electrical utility Construction Practices and the following: • Street light wiring shall be a minimum of # 6 copper wiring for underground installations and have 2 wires plus ground for each circuit. Ground wires are to be # 6 bare copper. Wiring shall be RWU -90. Wiring shall be sized such that the voltage drop on any given run is no more than 3 %. • Overhead wiring shall be either #4 duplex with messenger or # 2 tri -plex with messenger. Wiring shal. be aluminum for overhead installations. Overhead connections shall be coordinated with SJE. March 2014 130 Page 9 of 15 City of Saint John Municipal Street Lighting - Best Management Practice Street light wiring shall be installed in DB -II conduit. Conduit is to be installed at a minimum depth to meet CEC requirements or 600 mm where not located under road surfaces. Under road surface conduits shall be installed in concrete encasement and shall be a minimum depth of 760 mm. • Splicing of wiring shall only be done in pole handholes or manholes. No splicing shall be performed underground unless approved by SJE. a Luminaires shall be individually fused with 3A fuses at the splice in the pole handhole. • Street lighting shall not be required to be metered. • Street lights shall all have individual photo button control appropriate for the voltage of the luminaire. • If street light poles are installed with receptacles, the receptacles may only be used for decorative lighting purposes and shall be designed accordingly. Appropriate labeling shall be installed at each pole. Receptacles shall include `cover while in use' covers as per CEC code requirements. Receptacle shall only be allowed on poles in which supply voltage for the luminaire and the receptacle are 120V. • Ground rods or ground plates shall be placed at the end of each circuit and at the power connection point. Rods shall be copper clad 19 mm in diameter and 1.8 m in length. 5.3 Materials and Installation Light pollution contributes to sky glow, glare, light trespass, light clutter, decreased visibility at night and energy waste. The City recognizes the effects that light pollution has on the environment and therefore has an interest in reducing the amount of light pollution generated by street lighting. As such, the City has selected full cut -off fixtures for all applications. Developers may request an equivalent manufacturer's decorative or standard lighting; however, the Chief City Engineer or designate shall review all requests and advise if it is acceptable. All new street lighting shall be LED. High Pressure Sodium (HPS) street lighting may be considered for decorative or ornamental purposes. Although the City's General Specifications, Division 16 details material and installation standards for street lighting, this Document shall take precedence for street lighting and related equipment. A list of acceptable manufacturers and materials is included in Tables 7 and 8. Should there be a request for a substitute or an equivalent product, all requests shall be provided in writing the Chief City Engineer or designate, for review prior to any ordering or installing. The Chief City Engineer will review all request s and advise in writing if the request product is acceptable. Cut sheets must be supplied to the City by the developer and must include the minimum following requirements: 9 Full part number must be shown for review; Y Cut off classification or BUG rating of fixture and distribution type; • Wattage and pre -wired voltage of fixtures; and • Light source and ballast type. All City approved fixtures must meet the following minimum requirements: • All street lights must be CSA approved; • All street lights must have universal starters; • All street lights must have common ballasts; * All street lights shall be tri4ap, and pre -wired for 120V connection; and * All street lights shall be type III distribution. March 2014 131 Page 10 of 15 City of Saint John Municipal Street Lighting - Best Management Practice Table 7 — Standard Type Luminaire Table 8 — Decorative Type Luminaire Manufacturer Description Part Number rn Holophane SAT -48S Type III S48S- 0- R- GS- 3- NN- G #- GCQ- K2F -LF CL = LED Roadway Lighting SAT 24S Type III S24S- 0- R- GS- 3- NN -G#- GCQ- K2F -LF J Holophane SAT -72M Type III S72MS- 0- R- GS- 3- NN -G#- GCQ- K2F -LF Table 8 — Decorative Type Luminaire Table 9 — Street Light Poles* Manufacturer Description Part Number rn Holophane Post Top PTU- 15AHP- 12- A -05 -B CL = Lumec Lantern Post Top L21A(N)- 150HPS- PC- C -RR3- 120 -BKTX Thomas & Betts Holophane Post Top PUL- 07LED -6K -AS A -L5 -B G (All- struct) LU J Lumec Lantern Post Top S26A(N)- 003- 65W49LED4K -ES- ACDR -C- L E5- 120- RC- TN3.5 -BKTX Table 9 — Street Light Poles* `Street light poles will be based on site conditions and street light applications. Bolt patterns must match existing bases. March 2014 132 Page 11 of 15 Manufacturer Description Part Number M Hapco Aluminum RTA25C713E Thomas & Betts Aluminum PF25- 745C -DB 'p m (All- struct) -a Dynapole Spun Aluminum SRA6 -25 -131 SRA6 -30 -B1 Z Rea+' m ° T &B (All- struct) Spun Aluminum PF25 - 745C -AB PF30- 845C -AB `Street light poles will be based on site conditions and street light applications. Bolt patterns must match existing bases. March 2014 132 Page 11 of 15 City of Saint John Municipal Street Lighting - Best Management Practice 6. Roadway Street Lighting Assessments 6.1 Warrant Process As municipal street lighting may not be required (warranted) on all roadways nor be beneficial to drivers in all situations, the City shall use a point -score fighting warrant system based on the standards described in the TAC Manual - Guide for the Design of Roadway Lighting (Chapter 9). The Warrant Analysis system, Table 10, shall be used to evaluate, calculate and determine the need for full, partial or no lighting. New developments shall be reviewed by the City after the preliminary roadway layout has been designed and constructed by the developer. The City shall use the Warrant System to determine the level of lighting required and shall inform the developer of these requirements. For existing roadways, should a citizen request a street light (process flowchart on next page), a lighting warrant shall be performed by the City. The City shall not review requests for lighting on private property; the warrant system shall only be valid for municipal street lighting applications. The City shall review the section of roadway in question and based on the result of the warrant lighting system, determine if lighting is required. The roadway shall be reviewed from the closest two intersecting streets or for a distance of 1 kilometre, whichever is smaller. Table 10 — Lighting Warrant for Roadways has been included below: Road Name From To City Warrant Undertaken By Date Warrants for Lighting of Arterial, Collector and Local Roads No, Classification factor R Factor Wet ht R Factor Score 1 2 3 4 S 1 lNumber of Lanes 54 1 5 6 7 .8 0 Is 2 Lane Width (m) >16 3A to 3.6 3.7 to 3.4 10 to 3.2 04 0.35 3 Median Openings / krn <2.5 or 1 -Way 2 S to 5. 5 n to 7.2 7.2 to 9A >910 or No Median 14 4 DrivewaVs and Entrances /km 42a 20040 40 to 60 60 to 60 80 1A S Horizontal Curve Radius (m) ! f.W 450 to 600 22510450 175 to 225 <IYS 5.9 6 Vertical tirades .3 3 to 4 4105 S to 7 a7 0.35 7 Sight Distance >210 15014 210 9C to is0 60to 90 c60 I 0.15 $ Parking Prolnb"etl I loading OH Peak Crw Side Both Side 1 0.1 Subtotal Geometric Factors 9 Signalized intersections {96] so to 1W 70 to 80 60 to 70 Soto 60 014 SO 0.15 10 Left Turn Lane All Major lnor I- eons or 1 -Way Substantial Number of Major Intersectons Most Major Interseciw.ls Half of Major Ineersecuans Inlreatrenc swnber er TYVtl 0. T 11 Median Width (m) >10 b to 10 3 to 6 1.2103 01o.12 035 12 Operatigg or Posted Speed s40 so 60 70 a80 0.5 13 Pedestrian Activity law Mrdlum Hrtdr 3.15 Subtotal Operational Factors 14 Percentage of Development Adjacent to Road %) none „0„e t4 50 30 to 60 h to 00 a90 GAS 15 Area Classification Rural industrial lta rdenthj Commercial Oowntoxn 0.15 16 Distance from Development to Roadw m -6u 45 to 60 341 to 45 is to 30 Kay 0.15 17 Ambient (off Roadway) Lighting none sparse Moderate Qistracun6 Inteffo 1.38 18 Raised Curb Median non; Cont.mous At all Intersecuons (100%) At Most tnterseae isi '� to 4y'1 At Few Intersections ( ^!S"i 0.35 Subtotal Environmental Factors 19 NI ht- to-DayCollision Ratio I X10 1 101012 1 1.2to1.5 lstozo 1 >2.0 1 5.55 Subtotal Collision Factors Total Warranting Points Recommended Lighting March 2014 133 Page 12 of 15 City of Saint John Municipal Street Lighting - Best Management Practice tiirvT tt7iiv z Municipal Street Lighting - Citizen Requests Citizen request for rnuhiclpal street Ilght(s) clty to evaluate mgoast (public R -C-W vs. prlvate) JvVAUU7,...~ ReglleStcomplete City responds �`' --�- bAr city m citizen Yes city performs street light warrant analysis .: 'Lighteng....., Request —plate City responds rtaerte �r by city tocitimn Yes Lcuel of street lighting required —full or partlal? Full Ra rtia I City to idehtify roadway classification oty to Identify arealsl to he Illurnlnated City to select I Ighting. criteria The City, or their approved designate, shall perform the municipal street lighting design The City, OF their appr -ed designate, shall perinrrn a street lighting design layout complete with wst estimate. The City shall revieW and apprsrve all deslgns and cost estlmatas. The City shall determirme priority of all installations. The city shall, based on street lighting prlorlty, approve the installatlon and the tinvellne for the installation_ The City shell be advised by their designate when street lighting installation is completed. City, or their designate, shall Inspect the site for completeness, < Comple[e7 Request closed. 134 Written request forwarded by the _ City responds City to SJE Il to citizen Figure 1 March 25. 2014 �13of15 City of Saint John Municipal Street Lighting - Best Management Practice Table 11 below clarifies the subsequent results and defines the Lighting Warrant from Table 10. Table 11 — Evaluation of Results Result Recommendation > 65 Full lighting is warranted 60-65 Partial lighting is warranted < 60 No lighting is warranted 7. New Developments New development may include residential subdivisions, commercial, industrial or institutional development that will create a new intersection onto an existing roadway or that will create a new road or an extension to an existing roadway. 7.1 Submission Requirements and Approval Process The following flowchart outlines the municipal street lighting submission review 1 approval process for new developments: March 2014 135 Page 14 of 15 City of Saint John Municipal Street Lighting - Best Management Practice MINI 1111111 Municipal Street Lighting -blew Development Developer to submit to City, an engineer stamped civil design drawing of the new development/ subdivision far review and approval by the City, City to perform a street lighting warrant analysis. s� tlghtir�� City shad advise the Warranted? developer It no stmet.fighting END ® is required Developer to submit type of lighting requested or request an equivalent (if appllcab@e) through the City, or their approved lighting designer J'.6uivalent tlg Request Yes Developer to Submit to the City, or their approved designate: Written request for an equivalent product Cut sheet for requested equivalent Cast Information for requested equivalent City, or their approved desigante, shall review the requested equivalent productis) Yes ,,,: ............... City to submit lighting warrant requirements totheCity Approve? approved iighting designer /desdgnate. The City, or their approved lighting designer desigante, to complete the design and cost estimate for street I ighting. 7-�Yas The City shall approve all Street lighting designs in advance of any installation. The City shall advise the City approved desigante in writing to proceed installation. The City, or their approved designate, shall inspect, review, approve, and accept all insta9latians_ tl The City shall be notified in writing by the approved desigante that the street lighting installation is complete. Figure Z V- 1-- 25,'2314 vi i v 136 APPENDIX "A" Standard Construction Practices 137 SUBJECTi STANDARD C❑NSTRUCTI ❑N PRACTICES LED STREET LIGHT INSTALLATION TYI,ICAL SUPPLY WILL TO PRiMARY BE DUr -LEX LOOP OR TR!9LFX SECONDARY NOTE ? NJ"E GUA006- 7P006 NO'E 4 R T't wAS�. LA3O0? FUSE CONNECTIONS FUSE- Fiwoc3 KIT- KIT012 I CTLOU2 f 5EP G1 LW1048 OR c ORK034 -042 G z MR006 0 5 n RECOMMENDED MAX OVERHANG APPROVED RECOMMENDED MCUNTI Vr, f EIGHTS 88W LED - 3.OM 44W LED D.OM NNE 3 S �iiG3OJ cRloDZ wIRoos 'GOAD SURFACE I; -HE KNIMUM RA7IAL CLEARANCES BETWEEN LONDUC -OR OR APPARATUS AND LUMIN,0Li AND BRACKETS SMP'L BE: _900VM FROM VJLTAGE ABOVE 600V - 1!6',1M FROM 0 -60V (INCLLDING NEUTRALS & COMMUN;C-ATIONS, 2) WHEN A F'J7 •JR')UND EX:�T; CO ?!NECT LUMINAIRE GROUND TO BLTT CPOUND. GTHLRWM CONNECT IT T^ SUPF_Y CCNDUCTOR NEUTRAL. 3) ON STREET LI.,HT WITHOUT P GROUND WIRE, DETAIL MATERIAL FOR GROUND WIRE INSTALLATION. 4) 'NSTALL MJLDENG IF WIRES ARF LONGER THAN 300MM. 138 r Y STANDARD CONSTRUCTION PRACTICES LED STREET LIGHT INSTALLATION ITEM NO. QU)U4TITY DESCRIPTION GUAM 1.03 GUARDMOOD. GRAD WIRE OOVERUNG SZPOD3 I m BTAPL.0 FOR WODD GM. WIRE GUARDS BLT51?r43LT51B 1.OD BOLT THRU, GALVANIZED MX12 =18' WAM 100 WASHER,21AVX21/47G1MI 11118'HOLE LAG0-32 1.00 LAG-GAL.VANOED, iA2W CRI102 1.00 0RIMPET -02 TO 88 AMINM SEPO01 1.00 PAD43EALMlG PAM 40)W VR018 2M VARVMMETUGHT. NMWU 14A2 1.00 BRACf.ET- AWIAINUM STREETLIGHT, V "ASTEEL BPJM924WJQ O LUmm 1.00 LLIMIMAIRE -98 WATTS LED4WADWAYA WTOFF 0FrMS OR LL M24 1.0D LUi MFIE48 WATTS LED, ROAD TAY CRI002 1.00 CRW- ff4= TO 82 COPPER LLXM 1.00 LUGOMEL LIGHT TAP, #8 {120 VM CTL= 1.00 . ELECTRONIC TYPE FAQ I FUSE -3 AFAP ICT012 1.00 FUSE KIT 139 To STANDARD CONSTRUCTION PRACTICES STREET LIGHT POLE BASE (TYPICAL) six- M,L. CIRCLE r W Z Q J ANCHOR BOLT: ON 8 -1/2' TdT PARALLEL TO EDGE OF PAVEMENT EL V ANCHOR BOLTS --- C/W NUTS Z H U W EDGE OF PAVEMENT 3' REINF, 8 -3/4' REVISION, EFF, DATE: AUTHOR: REV. BY= APPROVED BYj —1/2' L 6' TOP I --1/2' @ 18' BTM MIN 30' OF #6AWG COPPER GROUNDING CONDUCTOR EXTENDED BEYOND BASE SURFACE FINISHED ( r GRADE I.D., 90' BEND POLY PIPE, 24' RADIUS tl G. (TYPICAL) #6AWG COPPER GROUNDING CONDUCTOR R CONNECTION TO ROD AS PER CEC RULE 10 -908 90• BEND POLY PIPE, 24' RADIUS (TYPICAL) GROUND ROD 7' -6, 3/4'x72' 140 3625ps1 STANDARD CONSTRUCTION PRACTICES STREET LIGHT POLE BASE (IN ROCKY REV. BYE AREAS) APPROVED ��. 1' CHAMFER 6' FINISHED GRADE •I,D., 90' SEND PMY PIPE, 24' RADIUS (TYPICAL) 2' -6' 1' ANCHOR BOLTS 3' -6' MIN. � —CONCRETE 3625 psi REMOVE LOOSE & WEATHERED ROCK Z TIES 1/2' a 9' E U W X-0. MIN. INTO SD SO LID ROCK 8 -3/4' REINF. RODS GROUT PRIOR TO POURING UPPER CONCRETE 8 -2' DIA. DRILLED HOLES iaM = SCP40U FCR PL 01 Vim► 141 o, i 3 i d CL 0 v cu \ STANDARD CONSTRUCTION PRACTICES CAST IRON LIGHT BASE :-, P9 U 9.5' 9,5' e PRO Q� U ° J O a b 142 F- D J H V) C317 m Z 0 x U z A W to G4 z a C3 � H o Li Gl H JZ a W A W Z � E w 0 A W F .: W L) � PSI F ,zE3„L, z F o A W v _5 � =.J I APPENDIX "B" Material Cut Sheets 143 r� Housing: Single piece, die -cast A360 aluminum Operating Temperature: -40 °C to +60 °C ( -40 °F to +140 °F) Mounting: 1.625 " - 2.375" (42 - 60 mm) O.D. Tenons Weight: 25 lb (11.4 kg) EPA Rating: <0.699 f,2 (< 0.065 m2) Lens Material: Acrylic Finish: Durable polyester powdercoat topcoat Available Colors: Du$ S OM CE Ps . 0 gift r_� Mx ,., ,.,,,4 ARRAMMPLIANT l� 6.14" 11ii ml f= P 13.8" { (350mm) 13.8" (350 mm) 23.9" (6D8 mm) 10 NOTES:* VALUES SHOWN ARE BASED ON "TYPE II "LA1 -79 TESTING AND ARE SUBJECTTO ±5N6TOLERANCE. ILLUSTRATEDABOYE :SAT -%M IN GRAY (RAL 7035). ALL INFDRMATION PROVIDED 155UBJE CTTO CHANGE WITHOUT NOTICE, a EDROADWAY LIGHTING ' Leading the LED technology wave 115 Chain Lake Drive, Halifax, Nova Scotia, B35 1 B3 Canada Toll -Free Phone; +1 (877) 533.5755 Toll -Free Fax: +1 (888) 533.5755 info @ledroadwaylighting.com www.ledroadwaylighting.com 144 1 LEDs) Currents (mA) 280 mA 350 mA 450 mA 525 mA 600 mA 280 mA 1 350 mA I 450 mA 525 mA 600 mA Power Consumption* (W) 65 W I 83W I 107W 131 W 150 W 86 W 110 W 143 W I 175W 200 W Input Voltage (V) Universal Driver 120 - 240V AC, 50 Hz or 60 Hz; 277V, 347V, 480V, and 12 -24V DC drivers available upon request. Surge Protection 20kV /1 OkA per ANSI C62.41.2 -2002 Power Factor >0.90 I Photometry (Distribution Types) Type II, Type II Medium, Type it Wide, Type II U, Type III, European Wide, European Narrow, European Long, European Medium Color Temperature (CCT) SOON (Standard), 4000K & 4500K (Optional) Color Rendering Index (CRI) —70 ( ±546) Drive Currents (mA) 280 mA 350 mA 450 mA 525 mA 600 mA 280 mA 350 mA 450 mA 525 mA 600 mA Fixture Efficacy (Lm/W) 47 Lm, W 931mIW 87 LmMf 84 LmIW 80 Lm; W 96 Lm/W 92 lm, W 86 Lm/W 81 Lm; W 78 Lm/W Fixture Output (Lm)* 6,200 Lm 7,500 Lm 9,300 Lm 10,800 Lm 11,800 Lm 8,250 Lm 10,000 Lm 12,250 Lm 14,100 Lm 15,500 Lm LED L70 (Hours) PHOTO PHOTOCE L L & CO . TROLS Photocell Options > 100,000 hours (@ 35OmA) SAT-72M (72 LEDs) 20 -Year Life Photocell with NEMA Twist -Lock (Standard) Control & Monitoring Available with integrated Streetlight Intelli enceTM System. NOTES:* VALUES SHOWN ARE BASED ON "TYPE II "LA1 -79 TESTING AND ARE SUBJECTTO ±5N6TOLERANCE. ILLUSTRATEDABOYE :SAT -%M IN GRAY (RAL 7035). ALL INFDRMATION PROVIDED 155UBJE CTTO CHANGE WITHOUT NOTICE, a EDROADWAY LIGHTING ' Leading the LED technology wave 115 Chain Lake Drive, Halifax, Nova Scotia, B35 1 B3 Canada Toll -Free Phone; +1 (877) 533.5755 Toll -Free Fax: +1 (888) 533.5755 info @ledroadwaylighting.com www.ledroadwaylighting.com 144 SERIES LED'SIBODYSIZE VOLTAGE PHOTOCELL CONTROL DRIVE Satellite ME Medium 120V -240V Universal 13 clw NEMA Photocell Receptacle Type II 280 mA Black (RAL 9005) Medium [ 277V -347V Universal 0 Solid Casting Type II Wide 350 mA Bronze (RAL 7022) El 4$0V (No Photocell Receptacle) Type II Medium, 450 mA 4 Digit RAL# El 12V -24V DC Type II U Type III 525 mA (Custom Finish) (Solar Applications) Photocells and shorting caps ordered separately. Euro Wide N , 600 mA factory for details. In Euro Narrow G (J IN Euro Long � F1 Euro Medium a o T o FINISH N N" i °O L OPT 10 Gray (RAL 7035) 0 5000K (Standard/Default) Acrylic USA /Canada (QPS) EJ TBA Black (RAL 9005) 0 4500K (Optional) (Standard/Default) Bronze (RAL 7022) Q 4000K (Optional) European 4 Digit RAL# Other color temperatures NOM- Mexico (Custom Finish) available, Please contact Q C -TICK (Australia) factory for details. EN USA (120-240V only) G (J (J � SAMPLE CATALOG NUMBER: I SAT I 96M 1 0 1 R I T21 1 450 1 GY 1 1 1 A I NIS I XX 0 (�)QO (D aoo0 00 A= Satellites"' Senes B= 46 LEDs (Medium Body Fixture) (=120V-240V D= NEMA Photocell Receptacle E= Type II Distribution F= 450mA Drive Current G= gray Fimsh H= 5000K CCT 1= Acrylir Lem 1= CDNiUS OPS Certification K= No Control Option Specified PROJECT NAME: QUANTITY: APPROVED BY: DATE: (For standard finishes;nsert 2 digit code. For custom finishes, insert 4 digit RAL number) I CATALOG NUMBER: SAT I _ _ _ I _ I — I _ _ I _ _ _ ;i _ — _ _ I _ I A I I XX I a o @o (D 0 @ oa o 0 8y completing the Order Confirmation above, I certify that I am authorized tosign the confirmation on behalf of the company. Information provided is subject to change without notice. m' A At LEROADWAY D LIGHTING Leading he LED technology wave 4 4y c 115 Chain Lake Drive, Halifax, Nova Scotia, B3S 1 B3 Canada Toll -Free Phone: +1 (877) 533.5755 Toll -Free Fax: +1 (888) 533.5755 info @ledroadwaylighting.com www.ledroadwaylighting.com 145 Housing: Operating Temperature: Mounting: Weight: EPA Rating: Lens Material: Finish: Available Colors: Single piece, die-cast A360 aluminum -40 °C to +60 °C ( -40 °F to +140 °F) 1.625 " - 2.375 "(42 - 60 mm) O.D. Tenons 18 lb (8.2 kg) <0.509 ft2 (< 0.047 m2) Acrylic Durable polyester powdercoat topcoat iiflGRZr�llllld�4i+?l� OiiLC1i'9RA4vtl�st r C&S NIN 4 p" wYdpwy ��Ni9WIMNT � 6.57" (167 mm) 4- 15.D" (382 mm) IF 15.0" 382 mm i 14 16.2 "(411 mm)yl NOTES:` VALUES SHOWN ARE BASED ON' TYPEIPLM- 79TESTJNG AND ARE SUBIE CTTO ±VaTOLERANCE. ILLUSTRATED ABOVE: SAT- 48SIN GRAY (RAL7O_S). ALL INFORMATION PROVIDED 15 SUBJECT TO CHANGE WITHOUT NOTICE. r L EaROADWAY LIGHTING Leading the LED technology ware 115 Chain Lake Drive, Halifax, Nova Scotia, B35 1 B3 Canada Toll -Free Phone: +1 (877) 533.5755 Toll -Free Fax: +1 (888) 533.5755 info @ledroadwaylighting.com www.ledroadway]ighting.com 146 a� 4 o, W tI �I Currents (mA) 1 280 mA 350 mA 450 mA t 1 525 mA 600 mA 280 mA 1 350 mA 450 mA ;25 mA 600 mA Power Consumption"' (W) 22W 28W 36W 44W 10W 43W 55W 72W 88W 100W Input Voltage (V) Universal Driver 120 -240V AC, 50 Hz or 60 Hz; 277V, 347V, and 12 -24V DC drivers available upon request. Surge Protection 20kV /1 OkA per ANSI 62.41.2 -2002 Power Factor >0.90 Photometry (Distribution Types) Type II, Type II Medium, Type it Wide, Type II U, Type III, AN7, European Wide, European Narrow Color Temperature (CCT) 5000K Standard, 4000K & 4500K (Optional) Color Rendering Index (CRI) —70 ( ±595) Drive Currents (mA) 280 mA 350 mA 450 mA 525 mA 600 mA 280 mA 1 350 rrIA 450 mA 525 mA 600 mA Fixture Efficacy (Lm/W)* 102 Lm,W 96 Lm/W 93 Lm/W 90 Lm/W 86 Lm;W 99 Lm/W 95 Lm,V 93 Lm/W 88 Lm,'W 84 Lm/W Fixture Output (Lm)* 7,150 1 -in 2,550 Lm 3,200 Lm 3,750 Lm 4,150 Lm 4,200 Lm 5.100 Lm 6,550 Lm 7,600 Lm 8,400 Lm LED L70 (Hours) > 100,000 hours (@ 35OmA) 20-Yea r Life Photocell with N EMA Twist-Lock (Standard) PH DT0C.ELL & C01,118011.5 Photocell Options Control & Monitoring Available with integrated Streetlight IntelligenceT" System. NOTES:` VALUES SHOWN ARE BASED ON' TYPEIPLM- 79TESTJNG AND ARE SUBIE CTTO ±VaTOLERANCE. ILLUSTRATED ABOVE: SAT- 48SIN GRAY (RAL7O_S). ALL INFORMATION PROVIDED 15 SUBJECT TO CHANGE WITHOUT NOTICE. r L EaROADWAY LIGHTING Leading the LED technology ware 115 Chain Lake Drive, Halifax, Nova Scotia, B35 1 B3 Canada Toll -Free Phone: +1 (877) 533.5755 Toll -Free Fax: +1 (888) 533.5755 info @ledroadwaylighting.com www.ledroadway]ighting.com 146 a� 4 o, W tI �I SERIES LED-SIBODY SIZE VOLtAraii F CONTROL OPTICS ORMCURRiNT Satellite 93 Small 120V -240V Universal clw NEMA Photocell Receptacle m Type II Joi 280 mA (Standard/Default) Small 277V -347V Universal Solid Casting IM Type II Wide Mi 350 mA Eli 12V -24V DC (No Photocell Receptacle) E3 Type II Medium W 450 mA ((ustom Finish) (Solar Applications) ® (-TICK (Australia) E1 Type II U Evy 525 mA factory for details. El USA (1 20-240V on ly) Photocells and shorting caps ordered separately. In Type III 03 Euro Wide I i 600 mA 0 0 1 0 j Euro Narrow ANZ FINISH COLOR/TEMPERATURE 450 1 GY 11 1 I ® Gray (RAL 7035) 0 5000K (StandardlDefault) 0, Acrylic CH USA/Canada (QPS) I[D TBA Black (RAL 9005) 4500K (Optional) (Standard/Default) R= 50001 CCT 1= Anylic Lens J= CDNIUS QPS Certification Bronze (RAL 7022) 4000K (Optional) European 4 Digit li Other color temperatures El NOM- Mexico ((ustom Finish) available. Please contact ® (-TICK (Australia) factory for details. El USA (1 20-240V on ly) a o 0 0 1 0 SAMPLE CATALOG NUMBER: I SAT 148S 1 0 1 R I T2 1 450 1 GY 11 I A I NS I XX I QQQQQQOOQQQ A= 5atellitet" Series B= 48 l (Small Body rixtute) C= 120V -240V D= NEMA Photocell Receptacle E= Type II Distribution F= 450mA Drive Cunent G= Gray Finish R= 50001 CCT 1= Anylic Lens J= CDNIUS QPS Certification 1i No Contiol Option Specified PROTECT NAME: QUANTITY: APPROVED BY: DATE: IForstandard finishes insert t:gitode. For custom finishes, insert 4 digit RAL number) I CATALOG NUMBER: SAT I - _ _ C _ I I _ _ 1 _ _ _ I _ _ _ I _ I A I _ _ I XX o Q QQ Q Q Q QQ o Q By completing the Order Confirmation above, I certify that I am authorized to sign the confirmation on behalfofthe company. Information provided is subject to change without notice. EDROADWAY LIGHTING Leading the LED technology wave 115 Chain Lake Drive, Halifax, Nova Scotia, B3S 1133 Canada Toll -Free Phone: +1 (877) 533.5755 Tall -Free Fax: +1 (888) 533.5755 info@ledroadwaylighting.com www.ledroadwaylighting.com 147 4 Z 0 Q 0 +Z 0 z 2 W Q Ir 0 lelzi EXAMPLE: PUL 070 PUL WATTAGE / DRIVER 070 = 70 W (3WmA) 105 =105 W (525mA) 0 N Maximum weight - 39 Ibs Maximum effective projected area - 1.24 sq. ft. COVER 4 LATCH LUMINAIRE HOUSING SLIPFITTER FOR NOMINAL 3" D1A. TENON sK AS VOLTAGE AS = AUTOSENSING VOLTAGE (120 THRU 277 V) AH = AUTO - SENSING VOLTAGE (347 THRU 480 V) COLOR TEMPERATURE 4K = 4000K 5K = 5000K SK = BD00K OPTIONS CAST ALUMINUM FINIAL OPTICAL ASSEMBLY PHOTOCELL WINDOW OPPOSITE DOOR OPENING CREWS B L3 COLOR An AS SPECIFIED B = BLACK D= DARK GREEN RALBOD5 E - BROWN GREEN RAL8008 F = DARK GREEN RALB009 H = DARK GREEN RAL5012 N = GREEN W = WHITE Z = BRONZE DM = 0-10V DIMMING H = NEMA TWISTLOCK PHOTOCONTROL RECEPTACLE ONLY L03 = 3 FEET OF PREWIRED LEADS' L10 = 10 FEET OF PREWIRED LEADS* L20 =20 FEET OF PREWIRED LEADS' L25 =25 FEET OF PREWIRED LEADS' L30 = 30 FEET OF PREWIRED LEADS" PCS = DTL SOLID-STATE LIGHTING PHOTOCONTROL 120 -277 VOLT (MUST BE USED WITH OPTION'H ") P34 =DTL TWISTLOCK PHOTOCONTROL 347 VOLT (nUST BE USED WITH OPTION'H ") P48= DTLTWISTLOCK PHOTOCONTROL 480 VOLT (MUST BE USED WITH OPTION -H") PSC = SHORTING CAP (MUST BE USED WITH OPTION "H') 'UNIT IS PROVIDED WITH 2 FEET OF PREWIRED LEADS UNLESS OTHERWISE SPECIFIED ELECTRONIC MODULE WITH TW ISTLOCK RECEPTACLE (OPTIONAL) HINGED DOOR HOUSING S w 0 � -+ C J fn o rE J 0 iJ •L w� W CIO W Of �O �°0 O 1-- 0 0 w O 0 =o , F � o£ Z� y OPTICS FINIAL (FACTORY L3 = ASYMMETRIC FULL INSTALLED) CUTOFF, FLAT GLASS B = BALL C7��, L5 SYMMETRIC FULL S =SPIKE OJ'� CUTOFF, FLAT GLA55 Md O m Q C a w ra i >ia = =�xw� Ez3 �zg�_� orwg�w'W�� 0 FO Ow��~FS� u� gg. �a 0 g°w �°rbo��mn °S�a3 r J Z) CL 0 l U) a D J a' Z 0 0 Cl ❑ W H 0 Q 0 Q W 0 Q Specifications P GENERAL DESCRIPTION The Utility Postop LED is designed for ease of maintenance with the plug -in driver module common to each of the luminaires in Holophane's Utility Luminaire Series. A precision optical system maximizes post spacings while maintaining uniform illumination. OPTICAL SYSTEM The optical system consists of a precisely engineered LED circuit board located in the top cover. A gasket between the cover and ring along with a flat glass plate and gasket beneath the reflector create a sealed optical compartment that meets an IP rating. Optics designed to provide an I.E.S. Asymmetric or Symmetric full cutoff distribution are available, LUMINAIRE HOUSING The luminaire housing, cast of aluminum, anchors the optical system and provides an enclosure for the plug in electrical C 2M W w 2 W' a module. The electrical enclosure conforms to an IP55 rating. For use with units with an E.E.I.- N.E.M.A. twist lock photocell 4 g N i 4 i FINIALS 1 g g °s three station incoming line terminal block are pre -wired to a five conductor receptacle for ease in connecting the electrical s ' � o 19 module. A slipfitter will accept a 3" high by 2 718" to 3 118" O.D. pole tenon. o LUMINAIRE HOUSING DOOR J � 7 BALL SPIKE Ill V ELECTRICAL MODULE The electrical components are mounted to an aluminum that is removable with standard tools. A matching five d plate plug connector connects the electrical components to the surge protector for quick replacement. For Photoelectric operation, the 3 e w o d electrical module is provided with an E.E.1- N.E.M.A. twist lock Photocell receptacle. TOP COVER The top cover, cast of aluminum, is attached to the top ring of the luminaire housing by a stainless steel hinge pin. The y LL. W H 0 Q 0 Q W 0 Q Specifications P GENERAL DESCRIPTION The Utility Postop LED is designed for ease of maintenance with the plug -in driver module common to each of the luminaires in Holophane's Utility Luminaire Series. A precision optical system maximizes post spacings while maintaining uniform illumination. OPTICAL SYSTEM The optical system consists of a precisely engineered LED circuit board located in the top cover. A gasket between the cover and ring along with a flat glass plate and gasket beneath the reflector create a sealed optical compartment that meets an IP rating. Optics designed to provide an I.E.S. Asymmetric or Symmetric full cutoff distribution are available, LUMINAIRE HOUSING The luminaire housing, cast of aluminum, anchors the optical system and provides an enclosure for the plug in electrical Wo =a Q Qo = a F2 02 00 W w 2 W' a module. The electrical enclosure conforms to an IP55 rating. For use with units with an E.E.I.- N.E.M.A. twist lock photocell 4 g N i 4 i receptacle, the housing contains a glass "window" to allow light to reach the cell. The nickel plated lamp grip socket and the 1 g g °s three station incoming line terminal block are pre -wired to a five conductor receptacle for ease in connecting the electrical s ' � o 19 module. A slipfitter will accept a 3" high by 2 718" to 3 118" O.D. pole tenon. N N HH LUMINAIRE HOUSING DOOR w °� Cast of aluminum, the housing oor is hinged and latched to the housing. The door forms the mount for the electrical 9 If 9• module, and allows easy access during maintenance. ELECTRICAL MODULE The electrical components are mounted to an aluminum that is removable with standard tools. A matching five plate plug connector connects the electrical components to the surge protector for quick replacement. For Photoelectric operation, the 3 e w o d electrical module is provided with an E.E.1- N.E.M.A. twist lock Photocell receptacle. g = im5 :o�F w i =ugzp TOP COVER The top cover, cast of aluminum, is attached to the top ring of the luminaire housing by a stainless steel hinge pin. The t w °z�ooE` ; €o = >= ¢ 3 m 3 8 cover is latched by an overcenter, positive action, stainless steel latch which allows tool -less entry to the lamp chamber for relamping. DRIVER Voltage sensing 120 -277V or 347 -480V, 50160 Hz electronic drivers are >90% efficient. Potted for increased thermal management. Removable through hinged door housing. Available with 0 -10V dimming control signal input. Refer to Driver Data Sheet for specific operating characteristics. FINISH The luminaire is finished with polyester powder paint applied to ensure maximum durability. r J UL The luminaire is UL listed as suitable for wet locations at a maximum of 40 degrees C ambient temperature. Lo � o � < {? P a Maximum weight - 38.5 Ibs Maximum effective projected area - 1.24 sq. ft. 011.5" CAST ALUMINUM Q FINIAL Q% C OPTICAL Q ASSEMBLY y �_ Q COVER 0 LATCH I.tr J L) ELECTRICAL MODULE WITH TWISTLOCK ►� o RECEPTACLE = y (OPTIONAL) V/ LUMINAIRE HOUSING a� • PHOTOCELL WINDOW UJ OPPOSITE DOOR OPENING o SLIPFITTER FOR NOMINAL 3' DIA. o SET SCREWS HINGED DOOR BALLAST HOUSING n/ Q 0L TENON O F- L) M wo PTU z PTU 050HP 12 B C3 B O � z BALLAST TYPE VOLTAGE COLOR DPTICS FINIAL (FACTORY O m (MOGUL BASE) 12 = 120 VOLT A = AS SPECIFIED C3 = ASYMMETRIC FULL INSTALLED) O 050HP = 50W HPS 20 = 208 VOLT B = BLACK CUTOFF, FLAT GLASS B = BALL 0 070HP = 70W HPS 24 = 240 VOLT D = DARK GREEN C5 = SYMMETRIC FULL S = SPIKE Z o Z 100HP = 100W HPS 27 = 277 VOLT RAL6005 CUTOFF, FLAT GLASS E, 15AHP = 16OW 55V HPS 34 = 347 VOLT (C.U.L.) E = BROWN GREEN x 1 75M = 176W MH 48 =480 VOLT RAL6008 Z 175PM = 175W PMH O MT = MULTITAP (120, F = DARK GREEN Z -5 208,240,277 RAL6009 BALLAST TYPE VOLT) H = DARK GREEN W (MEDIUM BASE) RALS012 ❑ 13 50DHP= 50WHPS N =GREEN a. 70DHP= 70WHPS W =WHITE O 10DHP = 10OW HPS Z = BRONZE 15DHP = 15OW 55V HPS 70DMH = 70W MH (NOT AVAIL. W /480V) ; d 10DMH - 10OW MH (NOT AVAIL. W/ 480V) = a F 15DMH= 150WMH(NOT AVAIL W7480V) xsSa �a 17DMH =176W MH' (COMPACT FLUORESCENT) '*a`TrpNrg. 42CFL = 42W COMPACT FLUORESCENT w �? .... b-- 57CFL= 57W COMPACT FLUORESCENT 7DCFL= 70W COMPACT FLUORESCENT ER 'NOT AVAILABLE FOR SHIPMENT IN US AFTER 12/3llQB DUE TO EISA 2007 LEGISLATION. " 120 -277 VOLT ONLY, NOT AVAILABLE F g e � iffi c WITH OPTION NEMA LABEL. w Ev Qo - �ggo�aoW�F OW��F as� OPTIONS ACCESSORIES.a�ag� H = NEMA TWISTLOCK PHOTOCONTROL RECEPTACLE ONLY LAMP = SHIP APPROPRIATE LAMP AS LINE ITEM. SEE LAMP SHEET L1H = 1.5 FEET OF PREWIRED LEADS IG-S= PLUG4N REPLACEMENT STARTER FOR HPS UNITS L03 = 3 FEET OF PREWIRED LEADS IG-6 = PLUG -IN REPLACEMENT PROTECTED STARTER FOR HPS UNITS L10 =10 FEET OF PREWIRED LEADS IG-7= PLUG -IN REPLACEMENT STARTER FOR 70MO115DMH UNITS L20 =20 FEET OF PREWIRED LEADS IG- 30PLUGIN = PLUG -IN REPLACEMENT STARTER FOR 175PM UNITS L25 = 25 FEET OF PREWIRED LEADS L30 = 30 FEET OF PREWIRED LEADS NE - NEMA LABEL L) P = PROTECTED STARTER FOR HPS UNITS ONLY (NOT AVAILABLE W! VOLTAGE CODES 08 OR 40) LLI P27= DTL TWISTLOCK PHOTOCONTROL 120 -277 VOLT {MUST BE USED WITH OPTION "H "} O P48 = DTL 7VYISTLOCK PHOTOCONTROL 480 VOLT (MUST BE USED WITH OPTION "H ") PSC = SHORTING CAP (MUST BE USED WITH OPTION "H'1 U N �I J p! Z w iLi � Iii � o � ❑ � o 1 Of 2 150 Specifications FINIALS BALL SPIKE 2 GENERAL DESCRIPTION The Utility Postop is designed for ease of maintenance with the plug -in electrical module common to each of the luminaires in Holophane's Utility Luminaire Series. A precision optical system maximizes post spacings while maintaining uniform illumination. OPTICAL SYSTEM The optical system consists of a precisely engineered segmented aluminum reflector located in the top cover. A gasket between the cover and ring along with a flat glass plate and gasket beneath the reflector create a sealed optical compartment that meets an IP rating. Optics designed to provide an I.E.S. Asymmetric or Symmetric full cutoff distribution are available. LUMINAIRE HOUSING The luminaire housing, cast of aluminum, anchors the optical system and provides an enclosure for the plug in electrical module. The electrical enclosure conforms to an IP55 rating. For use with units with an E.E.I.- N.E.M.A. twist lock photocell receptacle, the housing contains a glass "window" to allow light to reach the cell. The nickel plated lamp grip socket and the three statlon incoming line terminal block are pre-wired to a five conductor receptacle for ease in connecting the electrical module. A slipiitter will accept a 3" high by 2 7 /8" to 3 118" O.D. pole tenon. LUMINAIRE HOUSING DOOR Cast of aluminum, the housing door is hinged and latched to the housing. The door forms the mount for the electrical module, and allows easy access during maintenance. ELECTRICAL MODULE The ballast components are mounted on a steel plate that is removable �Athout the use of tools. A matching five conductor plug connects to the receptacle in the luminaire housing to complete the wiring. Where a starting aid is required, it is provided with a separate plug -in connector and can be replaced without the use of tools. For photoelectric operation, the electrical module Is provided with an E.E.I: N.E.M.A. twist lock photocell receptacle, TOP COVER The top cover, cast of aluminum, is attached to the top ring of the luminaire housing by a stainless steel hinge pin. The cover is latched by an overcenter, positive action, stainless steel latch which allows tool -less entry to the lamp chamber for relamping. BALLASTS (Refer to the Ballast Handbook for specific operating characteristics) 50 watt 120 volt High Pressure Sodium (HPS) ballasts are High Power Factor Reactor type. All other HPS ballasts are High Power Factor Aulotransformer type, 175 watt Metal Halide (MH) ballasts are Peak Lead Aulotransformer type. 70 and 100 watt MH units are available only with High Power Factor High Reactance type ballasts. FINISH The luminaire is finished with polyester powder paint applied to ensure maximum durability. UL The luminaire is UL listed as suitable for wet locations at a maximum of 40 degrees C ambient temperature. 151 O 2 CL •= Mil • O J V N 3 W H 0 Or- 0 0 H V � W 0 0 Z Z r � �Q 0 0 c� zG x� 'S z u P� � � s � g iii55555 um=ukpi's 9-; °iceNOV, e -LLgo ��i` -_ � —3 :2 EE �su°.wz t3wE'- 0 C) Qr .. zit H Q SOUARE LANTERN Product Overview and Technical information» PHILIPS LUM--EIC 152 ra N w JF Al or4 TA fill 153 —11 ASA lo� MOP, F I SOL L "N A-A., i). 3 TARE TERN Evoke Harmony / Philips Lumec's Square Lantern Series draws on the designs of yesteryear in order to evoke a feeling of harmony and warmth in any project.This series is another ex- ample of how Philips Lumec melds feelings of old -time luminaires with modern lighting techniques and technology.This blend of form and function makes the Square Lantern Series an excellent choice for any environment. >> 154 0 I A� P . l ITV Evoking a distinguished touch of yesteryear, the luminaires of the Square Lantern Series deliver an encompassing light that is warm and safe. With this series, Philips Lumec shows once again that the past and the present can,together, create an exquisite light that is decidedly current. For older neighborhoods or contemporary environments, the Square Lantern Series has it all. E S F. Creating a warm and friendly ambiance with its design while at the same time offering high -end technology and photometric performance is the strength of this series of beautiful luminaires. It can compliment many settings thanks to its two sizes and its internal components assure long life, reliability, and durability. >> 156 FE'_,�� Constructed from top- quality materials, the Square Lantern Series maintains excellent performance in even the most demanding environments. The family is available in two sizes, offering solutions for a wide range of applications. Prismatic RR optics, SE cut-off reflectors, SG arc -image duplicating segmented reflectors, and the RACE optical system, are available to meet any range of lighting applications. > The luminaire is sealed with a gasketed closure to maintain optical performance. A complete selection of materials and finishes are available to complement your project. " r,,A I A I Conform to the UL IM and CYA e22.2 No, 2s0.40a standards 28 "(711 mm) 19 3/4" (502 mm) 3 E E ,o 19 314 "(502 mm) I� E g JI E l I o a E Y o GE =E c eo ,a 7�a �ry 41/8 "[105 mm) I.D. II 41/8 "[105mm)4 La S26A -HX / S26N -HX v ithout arms EFA: 3.43 sq.ft Weight:46 ibs (20.9 ki) > 5martseal lanterns are only available with PC-C and ACDR -C. 1_ °, - Ps LED 540 -R R -S F R 19 314" {502 mm) 8 E V n O E E J 4 u 4118 "(105 mm) 5 I.D. 541 - LE3 -SF41 EP.: 2.97 sq. ft EPA: 3.25 pi C. weight:20lbs (44 k €) Wei;ht:45 Ibs (2D.4 kg) 'PC -C Clear palycalbonate ACDR -C Acrylic DP LED = Philips Lumileds Rebel ES, CRI = 70, CCT = 4000K ( +/- 350K) LED rated life = 100,000 hrs' - Driver rated life = 50,000 hrs 193/4 "{502mm) E�E Em E a 526P -HX EPA '.34 pies .leight:181hs kg) "GL-C Clear tempered glass 541P-RR EFA:3.25 pi c: 1 :eight: 49 1 b (222 kg) " "of available Wirth ..D LAMP CODE DEFINITION / 40W 49LED 4K Lamp wattage NiAmber of diodes (LED) Color temperature 19 3/4 "(502 mm) TYPICAL TYPICAL Err TYPICAL �L ACDR E LAMP SYSTEM CURRENTOD 541P-RR EFA:3.25 pi c: 1 :eight: 49 1 b (222 kg) " "of available Wirth ..D LAMP CODE DEFINITION / 40W 49LED 4K Lamp wattage NiAmber of diodes (LED) Color temperature ' L70 = 100,000 hrs (at ambient temperature = 25 °C and for%ard currznt = 700 mA) May nary depending on the optical distribution used ' System - , attage includes the lamp and the LED driver "Compared to Square Lantern (equivalence should aiwgy; be confirmed by photometric layout) M LE3 TYPICAL TYPICAL TYPICAL TYPICAL TYPICAL ACDR TYPICALDELI',ER.ED LAMP SYSTEM CURRENTOD CURRENTI% CURR.ENT@ L.APAP LUMENS- WP.TTAGE Wc.TTAGE'- 1lf v 2,40 2T. J (1M1� (W) (A) (A) jA) 40W49LED4K -ES 3150 42 47 019 0.20 D17 OM.49LED4K -ES 4200 65 72 0.1.0 0.30 0.26 90SC49LED4K -ES . °040 90 102 0.65 OA 0.37 ' L70 = 100,000 hrs (at ambient temperature = 25 °C and for%ard currznt = 700 mA) May nary depending on the optical distribution used ' System - , attage includes the lamp and the LED driver "Compared to Square Lantern (equivalence should aiwgy; be confirmed by photometric layout) M 120 1208 / 240 / 277 LED HPS LIIrv:IPIAIREEFFP:.ACY CURPENT XJUIVPLENT` ' RATING �LMrW) ('AA) 285 70 y; I 67 428 1001 -: ' 58 571 150 W I 49 0 �[ , - Ci'4 ! S; �" ) E NA S." e" LE D Globe IP66 rated optical system, composed of individual pre- oriented lensto achieve desired distribution, assembled with the globe permanently sealed ontothe lower part of the heat sink. L¢: Asymetrical 1ER Asymetrical LE4: Asymetrical LE5: Symmetrical (square) > Hcuse shield a niloble in option (h` -} ' Photometry available on Philips Lumec v.eb site c'ggsphIIIps, -cm :Iu mec. PhilipsWmerreserves the right to substitute materials or change the manufacturing process of its products without prior notification. - -- For the latest updates go towww.phillps.com /lamer. 157 LUMEC LE3 WATTAGE LE4 LE5 ACDR 40tiJ49LED4K-ES 65N.'49LED4K -ES 90%49LED1K -ES ,':Available 120 1208 / 240 / 277 LED HPS LIIrv:IPIAIREEFFP:.ACY CURPENT XJUIVPLENT` ' RATING �LMrW) ('AA) 285 70 y; I 67 428 1001 -: ' 58 571 150 W I 49 0 �[ , - Ci'4 ! S; �" ) E NA S." e" LE D Globe IP66 rated optical system, composed of individual pre- oriented lensto achieve desired distribution, assembled with the globe permanently sealed ontothe lower part of the heat sink. L¢: Asymetrical 1ER Asymetrical LE4: Asymetrical LE5: Symmetrical (square) > Hcuse shield a niloble in option (h` -} ' Photometry available on Philips Lumec v.eb site c'ggsphIIIps, -cm :Iu mec. PhilipsWmerreserves the right to substitute materials or change the manufacturing process of its products without prior notification. - -- For the latest updates go towww.phillps.com /lamer. 157 LUMEC It . A \ P 1'1 HID G- S26 / S26P / S40 / S41 / S41P S26A/S26N/S40/S41/S41P 541 -GL (Lamp; not Included) R.ACE3 RV_' HX? P.:-.CE? RR3 H,' a WATTAGE RACE3D RR3n4D HX5 RACE3D RR5141u, hX5 RkCES RRS RACE5 RRS HX Optics � 50 OH, medium ✓ .11 ✓ J ✓ ✓ Sealed optical chamber consisting ofa HX3: Asymmetrical 70 t1H, medium hydroformed reflector permanently HXS: Symmetrical assembled on the globe. > House shield availaclr 100 L1H, medium J J J J ! ✓ ..l option (HS) 750 65H, meSlum ✓ ✓ ✓ J ✓ 200 4111, m -gut RB NIA RB ✓ Nirr J RR Optics 35 HP , medium J J ,/ ✓ ✓ �, Round borasilicate refractor. RRS: Symmetrical 50 HPS, m. ,-I ✓ ✓ ✓ ✓ ✓ d RR3: Asymmetrical 70 HPS, rn,pi ✓ ✓ ✓ ✓ J ✓ RR3MD: Asymmetrical fl with defector 100 HIPS. mogul J J ✓ ✓ ✓ ✓ 150 HIPS, m. Sul dr ✓ ✓ ✓ or of 200 HIS, myul RB N/A RB ✓ N'A J RACE Optics 250 HIPS, mogul RB NIA RB ✓ N A or Round acrylic (max. IDDw) or bomsillcate RACES: Asymmetrical i 250 PSIAH, maul RB N/A RB ✓ N.d ✓ (150w and mare) refractor with segmented RACES: Symmetrical I upiight recovery dome- RACE30: Asymmetrical with deflector J:.. aiiabie N /A: Not a:@ilable RB: remote Ballast Required ' Photemetry a, allableon Philips Lumec-,aeb sites •:v- .phiiips.comdumer.. COSmOPOHS' / new generation of ceramic metal halide lamp 526A/S26N/S40/S41 RACE? RR3 y.� r WATTAGE RACE3D PR3AnL HX3 - RAZES Kk A 60 Ct! I ✓ J ✓ DHI: 120/208/240127713471480 90 CW ✓ ✓ ✓ d COSMOPOLIS —: 1201208 / 2401 277 140 CW' ✓ ✓ ,/ 'Multi -top ballast alsoaiuilrble. ✓:/„ailable 1a Notavailable•••ith120volts r 4 r� HS House shield {math HX on1;.1 {"Consult the Pole Guide for details and the c mplete line rf mountinn ) IOU q?�Q �v Yt ki5ivt � i,:on-uft Phd;p. Lumec: Colcr Chartfor complete specfflcaticn.' The specially formulated Lumital powder coat finish is available in a range ofmanystandard colors. T1 L'5' AA T l , W�r ,,onsuit ti,e "c!e Guidefordetollsandt a complete rfne o4pees) APR4 'UP l -iLc "-Ll T- a00 RF-Ft G Ll1MINAIRE LAMP r' OPTICAL315TEM VOLTAGE MOUNTING& CONFIGLIF.hTION S40 -ACDR 1DOMH —HX3 120 A SFR -CRC -2 Philips Lumec reserves the right to substitute materials or change the monufotturing process of its products without prior notification. For the latest updates go to www.philips.com /liimec. 158 i POLE FINISH RTA900 -15 BKT:. I PHILIPS LUMEC ccnform to the ul, 1598 and C14 [22.2 Wo. 250.0 -08 standards 28' (711 mm( 181/2'(470mm) l� E E °o � co C E dE E cE 0 00 u 4118 "(TDS mm] §i.0. L20 -R R -S FR EPA: 234 sq. ft k :eight: 36 1 bs (16.3 kg) 16112" (470mm) J E E E r' a u 4118" 005 mm) § I.D. L20P -S E EPA:2.41 sq.ft freight: 36lbs 06.3 kg) L21A -SE / L21N -SE sans bras dEcoratif SEP: 2.46 sq. it Weight: 501bs (22.7 kg) 17' (432 mm) s� E ppE E L E u 4118' 005 mm) § I.D. L26SP -RACE EPd:1.S, sq.ft weight:50 1bs (22.7 kgl > Thew laniems areawilahk with PC -C Clear Nolycarboriate CA -C Clew tempered iilass the fallowing lent finishes. 28' (m mm) 18112 "(470 mm) I I E E Jco ILI c E E � ° N X =E CN g� N 0 u u 4118 "{1D5 mm) § I.D. 4118 " (705 mm) § I.D. L21A -SE / L21N -SE sans bras dEcoratif SEP: 2.46 sq. it Weight: 501bs (22.7 kg) 17' (432 mm) s� E ppE E L E u 4118' 005 mm) § I.D. L26SP -RACE EPd:1.S, sq.ft weight:50 1bs (22.7 kgl > Thew laniems areawilahk with PC -C Clear Nolycarboriate CA -C Clew tempered iilass the fallowing lent finishes. 28' (m mm) L26SA -RR / L26NA -RR sans bras decaratif SEP:2.69 sq.ft V'eight:50 Ibs (227 kg} 17" {432 mm) E t1 E � M ' u 41 /B "{105mm(§ I.D. L40S -S E -S FR SE P: 2.33 sq.ft '.Jeight:47lbs(21. kg) Philips tumecreserves the right to substitute materials orchange the manufacturing process of its products without prior notocation. For the latest updates go to www.ph)rips.com / lumer. 159 I.UMEC 17' (432 mm) E E Jco E vE N =E N 0 u 4118 " (705 mm) § I.D. L26SA -RR / L26NA -RR sans bras decaratif SEP:2.69 sq.ft V'eight:50 Ibs (227 kg} 17" {432 mm) E t1 E � M ' u 41 /B "{105mm(§ I.D. L40S -S E -S FR SE P: 2.33 sq.ft '.Jeight:47lbs(21. kg) Philips tumecreserves the right to substitute materials orchange the manufacturing process of its products without prior notocation. For the latest updates go to www.ph)rips.com / lumer. 159 I.UMEC 120!208/2401277!347 /480 > multi -top ballot also m ailable. Hs House shield (oniyv -lth SE and SG) (Consult the Pole Guide jor details and the complete line of mountings) nwza D?�Q 4�_-4 0 �� CRA CRC ;D ICen• +8 PKI11,s tun:er's Color Chart bf rimplete specfflcelonsl The specially formulated Lumital powder coat finish is available in a range of many standard colors. L20 / L21 / L26S/ L40S (Larlps not included) VY RR Optics 11 Round borosillcate refractor. Optics Hydro-formed cut -oft reflector system set in faceted arc-Image duplicating patterns e� RACE Optics �l Round acrylic (max.loow) at borosi licate (150w and more) refractor with segmented uplight recovery dame. u!aa Optique SG (NOT ■VALABLF IN UCI AND 1.21) Segmented cut -off reflector system set in faceted arc -image duplicating patterns. RRS: Asymmetrical RR3: Asymmetrical RR3MD: Asymmetrical with medium deflector SES: Symmetrical SE3: Asymmetrical > House shield O'tillable in option (HS) RACE: Asymmetrical RACES: Asymmetrical RACEVD Asymmetrical with medium deflector SGQ: Asymmetrical SGt: Asymmetrical SG2: Asymmetrical with deflector SG2: Asymmetrical SGFM: Forward throw > House shield available in option (HS) Add ACDR or GL suffix to optical system code ' Photometr• a .allableol. Philips Lumscveb site w .phlllpr.tom.lumec. (.:onsult t%,e Pile Guldefwdet&': atJthecomp'ete heofX-'e�' -,PP ,7 - .P.4UC3 R, 61 Wr, 4 a RTAFN0 LUMINAIRE LIA61,P OPTICAL WSTUAl YOLTArrE UPTION5 n,10Ui%rTIPIG e• CONFIGUPATILN L20 -PCC H I 5E3 'I 120 — HS ' SFR- CRI -IA Philipsiumec reserves the right to substitute materials at change the manufacturing process of its products without prior notification. For the latest updates go to www.phillps.comllumec. 160 li POLE FINISIi Ru0 -12 BKT" PHILIPS LUNKM HID L20 /L21 /L20P L265A /L26SN /L265P L40S SGl RACES RR3 RACES PR3 542 RACE3 RR? o WATTAGE R:aCE36 RRii-4D SES RACE31D RR34AD SES SG5 RACE3C Rk3MD SES RACES RRS RACES RRS SGFF4 RnCE5 RRS SGIL 501AH, medium go d, Rll ✓ ! RE r.B RP ✓ 7011H, medium tr0 J Re ✓ ✓ RB r.B RB ✓ Re 100 MH, medium Re ✓ Re J J RE RB Re If RP 15u MH, mtdmm 0 J RP RB ✓ RB RB RB ✓ c: 200 11H, m+:3ul N A 1`1 1A MIA N N.'A KA Re N7.; RB '_5 HPS, mAlum RB ✓ RB ✓ J RB RB Re ✓ RB 50 HPS, mo;ul RB ✓ RB ✓ ✓ RB Re Re ✓ Re 70 HPS, m: ul Re ✓ RB ✓ ✓ RE, RB RB J RB 100 HPS, mogul Re ✓ RB ✓ J RB Re RB ✓ RB 150 HPS, m,_ul RB ✓ RB RB ✓ RB Re RB ✓ RB w0 HPS, mogul NSA N/A N.A NrA N.i. N/A N/A RB N.:, RB 250 HPS, m Sul N/A N/A i N/A N/A NA NIA N/A RB N/A RB 250 PSMH, _W Ni.A NA N.A N /., N/A N... N.., RP I N/. RB J:AVellable N /A:Notavailabie RE: Remote Ballast Required 120!208/2401277!347 /480 > multi -top ballot also m ailable. Hs House shield (oniyv -lth SE and SG) (Consult the Pole Guide jor details and the complete line of mountings) nwza D?�Q 4�_-4 0 �� CRA CRC ;D ICen• +8 PKI11,s tun:er's Color Chart bf rimplete specfflcelonsl The specially formulated Lumital powder coat finish is available in a range of many standard colors. L20 / L21 / L26S/ L40S (Larlps not included) VY RR Optics 11 Round borosillcate refractor. Optics Hydro-formed cut -oft reflector system set in faceted arc-Image duplicating patterns e� RACE Optics �l Round acrylic (max.loow) at borosi licate (150w and more) refractor with segmented uplight recovery dame. u!aa Optique SG (NOT ■VALABLF IN UCI AND 1.21) Segmented cut -off reflector system set in faceted arc -image duplicating patterns. RRS: Asymmetrical RR3: Asymmetrical RR3MD: Asymmetrical with medium deflector SES: Symmetrical SE3: Asymmetrical > House shield O'tillable in option (HS) RACE: Asymmetrical RACES: Asymmetrical RACEVD Asymmetrical with medium deflector SGQ: Asymmetrical SGt: Asymmetrical SG2: Asymmetrical with deflector SG2: Asymmetrical SGFM: Forward throw > House shield available in option (HS) Add ACDR or GL suffix to optical system code ' Photometr• a .allableol. Philips Lumscveb site w .phlllpr.tom.lumec. (.:onsult t%,e Pile Guldefwdet&': atJthecomp'ete heofX-'e�' -,PP ,7 - .P.4UC3 R, 61 Wr, 4 a RTAFN0 LUMINAIRE LIA61,P OPTICAL WSTUAl YOLTArrE UPTION5 n,10Ui%rTIPIG e• CONFIGUPATILN L20 -PCC H I 5E3 'I 120 — HS ' SFR- CRI -IA Philipsiumec reserves the right to substitute materials at change the manufacturing process of its products without prior notification. For the latest updates go to www.phillps.comllumec. 160 li POLE FINISIi Ru0 -12 BKT" PHILIPS LUNKM 4� 4�e Luminaires S26N -RR Luminaire:1-20 -RR Luminalre: 540 -HX Luminaire;L40S-RR Luminalre:L26SN -RR Luminaim:S26A -RACE Luminaire: L21A -SE Mounting :CRC -2 Pole:APR4- 00 -SAl Mounting ,. CRFAA Mounting:CRA -IA Pole:PR4F Pole ;RTA900 -PS Pole :RA61 Pole:R74 Pole:RTAS00 -MPL Pole:RTA800- GFI -FH Mid -pole luminaires S26P -HX -CP Maunting: CRDT -F Philips Lumec reserves the right to sahstitate materials or change the manujocturing process of its products without prlornotijicatlon. 0$' tuR OM; For the latest updates go to www.phillps.com/luHen 161 L LY M E E Mol., Kbl-- �� Fes_ = MF ". � - e..9.. -,�.s •- ., . ,.. www.philips.com/lumec PHILIPS LUMEC HEAD OFFICE ONTARIO OFFICE 640,Cure- Boivin Boulevard 189 Bullock Drive Bois briand, Quebec Markham, Ontario Canada .17C 2A7 Canada L3P1W4 T. 450.43 0.7040 T. 416.223.7255 F. 450.430.1453 F . 866.971.2825 For the details of our different agents and representatives, please consult the Contact us section of our Website. ® 2012 Philips Group. All rights reserved. We reserve the right to change details of design, materials and flnishes. (R/ Some luminaires use fluorescent or high intensity discharge (HID) lamps that contain small amounts of mercury. Such lamps are labeled `Contains Mercury" and /or with the symbol "Hg" Lamps that contain mercury must be disposed of in accordance vrith local requirements. Information regarding lamp recycling and disposal can be found at www.lamprecycle.org >> The choice to not print paper brochures anymore but to make them available on -line is an example of the positive environmental actions that Philips Lumec has decided to undertake. This not only considerably reduces our paper consumption but also guarantees the exactitude ofthe information our clients receive. 163 TO C0 MA-MON COUNC1,11L M &C2014 -73 May 26, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: rtnn SUBJECT: Establishment of an "Investment Fund — P.R.O. Kids Program" BACKGROUND: The P.R.O. Kids program receives funding from grants, donations, and fundraisers which are placed in the Special Purpose Fund - P.R.O Kids Program and disbursed for placing economically disadvantaged children from the Greater Saint John area in sport, recreation, art and cultural activities. City of Saint John In January of 2013, Common Council accepted a bequest of 2483 common shares in the Royal Bank of Canada from the Estate of Deborah Ann Chapman with a current market value of just over $180,000. The shares were bequeathed to the City of Saint John for the sole use and benefit of the P.R.O. Kids Program. The P.R.O. Kids Program does not have an investment fund or policy in place to determine what is to be done when bequests or gifts of shares are donated for the use of the P.R.O. Kids Program. As a result, the P.R.O. Kids advisory committee consulted with an independent investment manager as well as the City of Saint John Finance and Legal Departments to explore the various investment options available. The result of those consultations was the recommended creation of a policy here -after called Investment Fund — P.R.O. Kids Program (Schedule C) to give direction to city staff on how to manage these shares and future donated shares or bequests made to P.R.O. Kids. The P.R.O. Kids Advisory Committee unanimously agreed that although significant, the principal amount of the RBC shares did not warrant the use an independent investment manager to manage the fund at this time due to the costs involved. The advisory committee moved that the shares remain in their current form as RBC Shares and be administered by the City of Saint John Finance Department. The advisory committee felt that if more bequests or shares were 164 M &C -2014— 73 -2- May 26, 2014 donated to P.R.O. Kids in the future, the option for outside independent management may be revisited at that time. The P.R.O. Kids advisory committee also unanimously agreed to include a mechanism for spending as part of this recommended policy and they request Common Council give the P.R.O. Kids Advisory Committee the authorization and discretion to request the City of Saint John Finance Department to liquidate shares from this Investment Fund — P.R.O. Kids Program and transfer the amount requested to the Special Purpose Fund — P.R.O. Kids Program for use in placing children in programs. Any request for liquidation of shares would be made annually in March and/or October and submitted to the Finance Department in writing. ANAT.VSTS Based on discussions with investment managers and the City of Saint John Finance and Legal Departments, due to the nature and costs associated with managing the shares with an outside investment manager, it is most economical at this time to have the City of Saint John Finance Department act as custodian of shares given to the P.R.O. Kids program. The City of Saint John Finance Department does not have the capacity or mandate to act as an investment manager for a P.R.O. Kids investment portfolio but does have the ability to act as a custodian for this fund, retain shares given to P.R.O. Kids, receive dividends, and liquidate shares as directed. As all sources of funding for the placement of children through P.R.O Kids come from donations, fundraising and grants, there are times during the year when P.R.O. Kids does not have sufficient funds to place children in programs. Having the option to liquidate shares, gives P.R.O. Kids more flexibility to place children in programs and will shorten the length of time a child is on the waiting list which currently ranges from 2 -5 months and is contingent on funds being available. RECOMMENDATIONS It is recommended that Common Council approve the "Investment Fund — P.R.O. Kids Program" policy attached as Schedule "C" to this M &C report. 165 M&C -2014— 73 May 25, 2014 Respectfully submitted, David Dobbelsteyn, BA P.R.O Kids Manager J [amilton, MCIP, RPP er of Growth and Development Services 166 -3- Kevin Watson, BPE Recreation Manager J. Patrick Woods, CGA City Manager M&C -2014— 73 -4- May 26, 2014 Investment Fund — P.R.O. Kids Program Policy Schedule "C" Purpose The P.R.O. Kids program receives funds from grants, donations, and fundraisers which are placed in the Special Purpose Fund - P.R.O Kids Program for placing children in sport, recreation, art and cultural activities. The Investment Fund — P.R.O. Kids Program is established for the purpose of receiving, holding and disbursing shares given or bequeathed to the P.R.O Kids program. At the request of the P.R.O. Kids Advisory committee, Common Council directs the City of Saint John Finance Department to: 1. Act as custodian for the Investment Fund — P.R.O. Kids Program and retain any stocks or shares donated to the P.R.O. Kids program in accordance with the provisions of this policy by holding them in trust for sole use by the P.R.O. Kids program. At no time shall any part of this Fund be used for or diverted to purposes other than set forth in the terms of this Policy without the further approval of Common Council. 2. Transfer the amount of the dividends received from the Investment Fund — P.R.O. Kids Program to the Special Purpose Fund - P.R.O Kids Program, to be used in the placement of children in sport, recreation, art and cultural activities. 3. Liquidate and transfer an amount of the principal of the Investment Fund — P.R.O. Kids Program to the Special Purpose Fund - P.R.O Kids program as the PRO Kids Advisory Committee may request on an annual basis in March and/or October. 3. 1. Any request made will be at the discretion of the P.R.O. Kids Advisory Committee and based on the financial needs of the P.R.O. Kids Program. 3.2. Any request will be made in writing and delivered to the City of Saint John Finance Department. 3.3. The City of Saint John Finance Department is authorized at this request to liquidate shares from the Investment Fund — P.R.O. Kids Program, and deposit the amount requested to the Special Purpose Fund - P.R.O Kids Program to be used in the placement of children in sport, recreation, art and cultural activities. 167 REPORT TO COMMON COUNCIL M & C 2014 -75 May 22, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: C The City of Saint Jolin SUBJECT: Contract No. 2014 -2: — Hillerest Drive (Manawagonish Road to Fenton Drive) — Street Reconstruction BACKGROUND The approved 2014 General Fund and Water & Sewerage Utility Fund Capital Programs include project funding for the construction of a new storm sewer, renewal of the sanitary sewer and water system, new roadway granulars, concrete curb and sidewalk, asphalt and landscaping on Hillerest Drive. TENDER RESULTS Tenders closed on May 21, 2014 with the following results: 1. Fairville Construction Ltd., Saint John, NB $1,793,858.50 2. Terraex Inc., Saint John, NB $1,967,861.10 3. Galbraith Construction Ltd., Saint John, NB $1,987,214.61 4. Gulf Operators Ltd., Saint John, NB $2,100,266.59 The Engineer's estimate for the work was $ 2,646,900 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low Tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2014 General Fund and Water & Sewerage Utility Fund Capital Programs. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. .: M & C 2014 -75 May 22, 2014 Page 2 The analysis is as follows: Budget Project net cost Variance (surplus) $2,321,500.00 $1,819,100.00 $ 502,400.00 POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract No. 2014 -2: Hillerest Drive (Manawagonish Road to Fenton Drive) — Street Reconstruction be awarded to the low Tenderer, Fairville Construction Ltd., at the tendered price of $1,793,$58.50 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J41 Landers, P.Eng. Municipal Engineer Wm. Edwards, P. Eng. Commissioner Transportation and Environment 169 Brian Keenan, P. Eng. Engineering Manager J. Patrick Woods, CGA City Manager fs, r May 21, 2014 Saint John Common Council PO Box 1971 Saint John, NB Dear Council: Demolition at 167 Prince William Street After listening to the media reports and reading the staff report concerning this building, I am left with the impression of at least one deficiency in the Dangerous Properties By -Law which allows the City to demolish a building and recover the costs through the Province. It is my understanding that this revised By -Law gives the City only one option - demolition. In the case of this specific building, I understand that the demolition cost is estimated at approximately 150,000 + / -. 1 know all of you would prefer to invest that money in other Council priorities. My question is - Should there be the option of repairing the damages? It seems from the staff report that there was no other consideration other then demolition. If the repairs cost less than $150,000 to stabilize and make the building structurally sound, then the City could still recover the costs through the Province and the property tax. As it is now, we will end up with another empty lot valued at more than $150,000. How many decades or even a century will it be before building lots in the uptown are valued at that? i am only suggesting the option of repairing the structural damage, not the total repair /restoration of the structure. An option for repair could also give us a building which would continue to generate taxes rather than a vacant lot to greet cruise ship passengers. Before you spend $150,000, would it not make more sense to have some specific engineering /architectural testing done other than the "eyeball" test to determine just how unsafe a building is? Is this building going to fall down next week, or will it last several months or longer? is it only the back wall in danger of collapsing or 100% of the building? If it is only the rear wall, perhaps it would make more sense to remove the rear wall of the building and save 90 -95% of the building? On the surface this approach seems to be a bit heavy handed. What other options have been cons? For example if the same $150,000 was invested in the building by either the city or a new owner. The bricks and other materials in these buildings are no longer made and are very difficult to find when needed for restoring our older structures. It would seem prudent when all efforts to fix up buildings like this, for Council to ask staff to have materials such as this recycled. This would reduce landfill as well as increased environmental sustainability. I do hope you will find merit in my questions and comments and begin discussion with the Heritage Development Board and the Province to give our City one more option in dealing with our heritage buildings, both those designated within our heritage preservation areas, and those buildings which do not yet benefit from designation. PO Box 6326 Saint John, NB, E2L 4R7 170 REPORT TO COMMON COUNCIL May 22, 2014 His Worship Mel Norton And Members of Common Council: Your Worship and Members of Common Council: SUBJECT License Agreement — Live Fire Emergency Services Training Facility BACKGROUND Council at its meeting of June 3, 2013 authorized the purchase of a Live Fire Emergency Service Training Structure from Fire Training Structures (LLC), in Phoenix, Arizona. The proposed location of the Saint John Fire Department Emergency Services Training Facility is on land owned by Irving Oil Refining G.P. with the official opening slated for mid -July 2014. Assembly of the training structure is near complete and placement of the new training classroom will be completed on or before July 15'h. As a related matter, Council, at a previous meeting authorized staff to negotiate the sale of the current training grounds situated in Millidgeville to Cobalt Properties Limited. The purpose of this report is to present the proposed license agreement to Council for its consideration. The report on the sale of land to Cobalt Properties Limited will be presented as a separate item. ANALYSIS Rationale supporting the replacement of the Live -Fire Emergency Services Training Structure Both Occupational Health and Safety and WorkSafe NB require employers to ensure their employees are adequately trained to perform assigned work and that employees are given the appropriate level of safety training. The City of Saint John is obligated to ensure Fire Fighters are adequately trained to fight structure fires, internally and externally as well as have an 1 age 171 appropriate level of safety training. Within the Fire Service, skills and safety awareness training are achieved through instruction, demonstration, practice and live fire training. Former Live Fire Training Tower Until 2008 the City of Saint John conducted its live fire training at the Millidgeville training grounds. Besides having open space to position fire trucks, the training grounds contained a 4- storey brick veneer Training Tower. The subject tower was constructed in 1964 and used consistently for 44 years. As a result of visible degradation, an engineering review was conducted in 2008, which concluded the structure was unsafe. Over 40 years of live fire burning had taken its toll on the structural integrity of the tower. Being in a dilapidated state with its north wall separating from the structure and roof at risk of collapsing, the tower was demolished in 2011. Original Proposed Location —14 McIntosh Street / 100 Boars Head Road Due to re- development potential of the Training Grounds site situated on the corner of Millidge and University Avenues and at the request of the City Manager, the Fire Department undertook a search for an alternative location of the new training tower. The search led to City land situated at 14 McIntosh / 100 Boars Head Road. This site is currently utilized by Pedestrian and Traffic Services and Fleet Services. Being a 6 acre site, the 14 McIntosh Street / 100 Boars Head Road location could readily accommodate additional municipal uses. The estimated cost (third party) to prepare and service the McIntosh Street / Boars Head Road location site for placement of the new training structure is in the range of $650,000 to $800,000 with the major variables being soil conditions and site drainage controls. Funding to support this work was linked to the sale of current Training Grounds on the corner of Millidge and University Avenues. Having stated the above, Plan SJ envisions the conversion of the McIntosh Street 1 Boars Head Road site to a residential use within the next 10 to 20 years. With that in mind, the Fire Department had to take into account the "movability" of the selected Training Structure. Partnership Opportunities and New Direction As mentioned in previous reports on this subject, the Fire Chief was instructed to explore any viable partnership and revenue generating opportunities including those pertaining to the development of a new Training Facility. With respect to the Training Facility the Fire Chief explored a number of viable opportunities, one of which is the subject of this report. After approximately one year of discussions, the Fire Chief is prepared to recommend to Common Council that the City of Saint John enter into a license agreement with Irving Oil 21P..g 172 Refining G.P. and Irving Oil Operations G.P. for the purpose of locating and operating the City's Fire Training Division on land owned by Irving Oil Refining G.P. on the terms and conditions outlined in the attached agreement. The highlights of the proposed occupancy agreement are as follows: • The term is 20 years, renewable annually thereafter. • The land owner will undertake all site design work, site servicing and infrastructure placement. During the term, the land owner will pay the property taxes and utilities costs (except electricity). • The land owner will place a classroom /administration building on site for the City's use. The classroom building will be leased to the City on a lease -to -own basis, to be fully paid in 10 years. Lease payments will be in the form of training time, • The Fire Department will deliver a variety of training programs and courses to employees of the land owner and where applicable, the Fire Department will obtain and maintain training certifications. • The City is only obligated to pay or repay costs unique to the City. • During the first ten years of the term, the City's net revenues from this license agreement will be modest due to the consideration of the license. • Nothing in the agreement limits the City's ability to generate revenue from third parties. • Both parties are committed to grow the new Training Grounds, enhancing the potential for a Regional Fire Training Facility. • The Fire Department can participate in the land owner's industrial fire training exercises. • Although not mentioned in the attached agreement, the 690 Grandview Avenue property also houses the Refinery's fire response units. Putting the financial component aside, the truly unique aspect of this co- location proposal is that through cooperation and joint - training, both the Saint John Fire Department and Irving Oil's Emergency Response Team will become more efficient and effective at mitigating emergency response incidents. Other Benefits of this Partnership A. Cost Savings As noted in the above bullets, Irving Oil Refining G.P. is assuming almost all of the site preparation and site servicing work. As mentioned in previous reports, the estimated cost for the City to undertake site servicing and site preparation work at the McIntosh Street / Boar's Head Road site ranged from $650,000 to $800,000. 3'Page 173 B. Unencumbered Site —Boars Head Road /McIntosh Street As noted in previous reports, the Fire Department had obtained the appropriate Planning Advisory Committee approvals to locate the new Live Fire Emergency Service Training Facility on the City's McIntosh Street / Boars Head Road site. During the process of obtaining the said approvals, Planning and Development advised that, it is the long term goal to convert the Boars Head Road site to residential. The McIntosh Street / Boars Head Road site currently supports a division of Transportation and Environment Services (being Pedestrian and Traffic Service) and the paint shop component of Fleet Services. Being a 6 acre +/- site, the addition of a Training Facility, training grounds and classroom facility would not significantly impact the current operations of other departments. By not locating on the McIntosh Street / Boars Head Road site and with Transportation and Environment Services planning to relocate its functions to West Saint John, the subject site can be converted to residential uses decades sooner than if the Fire Department located on the site, generating new tax dollars. C. Retention of revenue from the sale of land on the corner of Millidge and University As previously mentioned to Council, the forthcoming proceeds from the sale of the current training grounds on the corner of Millidge and University Avenues were to be employed by the Fire Department to pay the cost of servicing and preparation the McIntosh Street / Boars Head Road site. As noted above, the estimated range for site preparation and servicing is $650,000 to $800,000 with the variable being soil conditions and site drainage controls. With Irving Oil Refining G.P. coordinating and undertaking the site servicing and site preparation work (as well as the training structure erection) at the 690 Grandview Avenue location, the Fire Department no longer requires use of the revenue arising from the sale of the current training ground site in Millidgeville At this time, this license agreement represents a $2 to $2.5 million +/- opportunity for the City; first by the City retaining the proceeds from the sale of City land on the corner of Millidge and University Avenues, secondly not having to pay to secure another land parcel for the placement of the new fire training structure, and thirdly not having to disburse funds to pay for service and site preparation as well as the actual construction of the new training structure. In addition to the realized value today, this agreement creates an opportunity for annual net revenue that could grow from today's $350,000 to $1,000,000. 4 age 174 FINANCIAL IMPLICATIONS The occupancy agreement proposed herein helps offset operating costing as well as solidifies a revenue relationship with Irving Oil Refining G.P. It is estimated that fuel and operating expenses for the burn room props within the Training Facility will be offset by the utility (water & sewer) and property tax savings arising from the agreement. For the first 10 years of the Term, direct revenues from Irving Oil Refining G.P. will be modest. However over the second 10 years of the term, revenues are anticipated to increase to $75,000 more or less annually. The Fire Department will unequivocally generate new revenues for the City of Saint John through third party training opportunities. The scale of revenue opportunities will be determined by the availability of instructors and third party interest in the training programs offered. RECOMMENDATIONS It is recommended that the City of Saint John enter into a License Agreement with Irving Oil Refining G.P. and Irving Oil Operations GP in the form as attached to this reported dated May 22nd, 2014 for the placement and operation of a live Fire Training Structure and the Saint John Fire Department Training Division on land owned by Irving Oil Limited, Highlands Operations Limited and Irving Oil Operations General Partner Limited — the partners in the above noted General Partnerships — situated at 690 Grandview Avenue; and that the Mayor and Common Clerk be authorized to execute the said agreement. Respectfully submitted, K Cliffo A, C Fire Chief / Director SJEMO . L` CL-9- atrick Woods, C.G.A. y Manager 51Page 175 LICENSE AGREEMENT THIS AGREEMENT made as of the 1" day of January, 2014. BY AND BETWEEN: IRVING OIL REFINING G.P., a general partnership under the laws of the Province of New Brunswick whose partners are Irving Oil Operations General Partner Limited, a body corporate under the laws of the Province of New Brunswick, and Irving Oil Operations G.P., a general partnership under the laws of the Province of New Brunswick, whose partners are Irving Oil Limited and Highlands Operations Limited, each bodies corporate under the laws of the Province of New Brunswick (hereinafter "IOR ") OF THE FIRST PART -and- THE CITY OF SAINT JOHN, in the County of Saint John and the Province of New Brunswick, a body corporate by Royal Charter, confirmed and amended by acts of the Legislative Assembly of the Province of New Brunswick (hereinafter the "City ") OF THE SECOND PART WHEREAS IOR is the registered owner of the Property (as defined herein); and WHEREAS the City has purchased the Training Structure (as defined herein) which will be used as a fire training tool; and WHEREAS the City has determined that the Property is an adequate site for the Training Structure because of the Property's location, size and configuration; and WHEREAS IOR may from time to time require fire emergency management and emergency response training services from the City; and I I P � g e 176 WHEREAS IOR and the City want to collaborate in the placement and subsequent use of the Training Facility (as defined herein) on the Property; NOW THEREFORE, for and in consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, hereby agree as follows: ARTICLE 1- DEFINITIONS 1.1 Definitions For the purpose of this Agreement, the following terms have the following meanings, unless otherwise expressly provided: a. "Agreement" means this License Agreement. b. "Assessment" means an inspection of the Training Facility conducted jointly by the IOR fire chief and the City's Division Chief of Training for the Fire Department both before and after the use by IOR or by the City of the Training Structure. c. "Crandall Drawing" means the engineering drawing prepared by Crandall Engineering Ltd. and which is attached hereto as Schedule C. d. "Effective Date" has the meaning set forth in Section 3.1. e. "Fire Chief" means the head of the Fire Department of the City. f. "Industrial Structure" means the industrial portion of the Training Structure as shown on the engineering drawings prepared by Fire Training Structures LLC attached hereto as Schedule B. g. "Licensed Premises" means that portion of the Property highlighted in yellow on the sketch attached as Schedule A -1. 2 1 P a r e 177 h. "Municipal Structure" means the municipal portion of the Training Structure as shown on the engineering drawings prepared by Fire Training Structures LLC attached hereto as Schedule B. i. "Parties" means, collectively, IOR and the City (as represented by its Fire Department) and "Party" means IOR or the City. j. "Person" means any individual, corporation, company, partnership (whether general or limited), partner, joint venture, syndicate, association, firm, estate, trust or other entity. k. "Property" means that Land Titles parcel of land bearing Service New Brunswick Property Identification Number 55184840 located at civic address 690 Grandview Ave which is depicted on the Service New Brunswick map attached hereto as Schedule A. I. "Term" has the meaning set forth in Section 3.1. m. "Training Building" has the meaning set forth in Section 4.3. n. "Training Facility" means the combination of the Training Structure, the Training Grounds and the Training Building. o. "Training Grounds" means that area of the Licensed Premises excluding the footprint of the Training Building and the Training Structure. p. "Training Structure" means the combination of the Municipal Structure and the Industrial Structure. q. "Utility Costs" means cost to supply potable water and sewer services to the Training Facility. 31Pate 178 ARTICLE 2 — LICENSE 2.1 License a. The Parties hereto agree that this Agreement is to be and constitutes a License for the use of the Licensed Premises as set out herein. This Agreement is not a lease and IOR and the City are not, and shall not be deemed to be, landlord and tenant. b. By this License, IOR hereby grants, subject to the terms and conditions of this Agreement, permission and license to the City, its employees, workers, contractors, and agents, invitees and customers to enter onto and upon and exit the Property on foot and with vehicles, equipment and machinery for the following purposes: i) To access the Licensed Premises; ii) To place on the Licensed Premises and use the Training Structure generally in the location as depicted on the Crandall Drawing; iii) To operate on the Licensed Premises a fire training facility and the training division of the City's Fire Department in' accordance with the terms and conditions set out herein. 2.2 License Conditions a. Subject to the rights of IOR provided for herein, the City shall have unrestricted access to the Licensed Premises and enjoy unrestricted use of the Training Facility during the initial Term of this Agreement and during any renewal Term. b. The City covenants and agrees that its use of the Training Facility will be limited to Emergency Management and Emergency Response training and the operation of the training division of the City's Fire Department. c. IOR may use the Industrial Structure in accordance with paragraphs d. and e. hereof, free of charge on the express condition that IOR shall promptly repair and pay for any and all damages caused to the Training Structure as a result of IOR's use, as determined by the Assessment. For clarity, damages to the Training Structure for the purpose of this section 2.2 c. shall exclude normal wear and tear. d. IOR may have access to and use of the Industrial Structure Monday to Friday, every week during the Term, provided it obtains prior permission to do so from the City, and A I P a F, :- 179 provided that doing so does not interfere with the City's use and /or operation of the Municipal Structure. e. IOR shall have unrestricted access to and use of the Industrial Structure on weekends and holidays. The weekend and holiday use of the Industrial Structure by IOR shall not prevent the City's use of the balance of the Training Facility, including the use of the Training Building, provided it is safe to do so, as determined by the Fire Chief or his designate. f. It is understood and agreed that, whenever IOR is training on the Industrial Structure, City personnel may participate in the IOR training exercises at no cost to the City. 3.1 Term 51P„ge ARTICLE 3 — TERM OF THE LICENSE AGREEMENT a. This Agreement shall be for a period of twenty (20) years, commencing January Vt, 2014 (the "Effective Date ") and ending December 31St, 2033, unless terminated as hereinafter provided. b. Provided that neither Party is in default and provided that this License Agreement has not been terminated pursuant to the termination provisions herein, either Party may, upon giving the other Party 60 days written notice before the expiry of the then current Term (whether initial or a renewal Term), extend this Agreement for 4 individual periods of 5 years each, upon the same terms and conditions as herein contained with the provision that the fourth (4th) renewal Term shall not have any renewal option. HE ARTICLE 4 — IOR OBLIGATIONS 4.1 Ground and Site Preparation Prior to the Training Structure being placed on the Licensed Premises, IOR shall: a. At its sole cost, design, construct and connect a 6 inch water transmission lateral and a hydrant on the Training Grounds, from Grandview Avenue, in accordance with the Crandall Drawing. b. At its sole cost, design, grade and compact land and place compact gravel around the proposed Training Structure to accommodate heavy vehicles, as generally illustrated on the Crandall Drawing. c. At its sole cost, undertake test -pit /soil analysis and share the results with the City. d. At its sole cost, place all footings for the Training Structure in accordance with engineering drawings which will have been provided by the City. e. At its sole cost, design and extend a buried single phase power line from the nearest practical utility pole to the Training Facility, in accordance with the Crandall Drawing. f. At its sole cost, place a propane fuel tank, an electric vaporizer of appropriate size, and a buried 3 inch propane transmission line(s) to the south side of the Training Structure, in accordance with the Crandall Drawing. g. At is sole cost and to the satisfaction of the Chief City Engineer and the City's Development Officer, acting reasonably, design and construct site drainage controls, landscaping and site security. 4.2 Offloading and Erection Under the supervision of a representative of Fire Training Structures LLC, the fabricator of the Training Structure, IOR shall, at its sole cost, offload and erect the Training Structure to the satisfaction of the Fire Chief, acting reasonably. F f P a g e 181 4.3 Training Building a. For the exclusive use of the City during the Term, IOR shall, at its sole cost, purchase, place, maintain and service a 60' X 36' +/- mobile training classroom /office building (the "Training Building ") on the Licensed Premises on or before July 15, 2014. b. At its sole cost, IOR shall connect to the Training Building, pay for and maintain the services of potable water and sewerage during the Term (whether initial or any renewal Term). c. During the first ten (10) years of the Term, and at its sole cost, IOR shall maintain the Training Building, which maintenance shall include exterior work, to ensure the appropriate cleanliness and curb appeal to IOR standards. d. During the Term (whether initial or any renewal Term), IOR may use the classroom within the Training Building for exercise planning and debriefing on weekends and holidays only, provided it is not already occupied and used by the City during such times, as determined by the Fire Chief or his designate, in consultation with IOR's fire chief. e. At the beginning of year 11 of the Term and no later than January 30, 2024, IOR shall deliver to the City a Bill of Sale for the Training Building in consideration of the sum of one dollar ($1.00) of lawful money of Canada. 4.4 Property Taxes During the Term (whether initial or any renewal Term), IOR shall pay all property taxes levied against the Property, including any increase in the property taxes associated with the erection of the Training Structure and /or Training Building on the Licensed Premises. 4.5 Utility Costs During the Term (whether initial or any renewal Term), IOR shall pay for the Utility Costs associated with the Training Facility. 7lpage 182 4.6 Burn Props a. IOR may, at its sole cost and for its own training purposes, place or integrate burn props, props or fixtures onto the Industrial Structure, provided that the cost of purchasing, placing, integrating, maintaining and removing the said burn props, props, or fixtures is borne exclusively by IOR. b. IOR shall, at its sole cost, promptly repair and pay for any damages to the Training Structure resulting from JOR's use of the burn props, props or fixtures referred to in paragraph a. hereof as determined by the Assessment. c. The City may, at its sole cost and for its own training purposes, place or integrate burn props, props or fixtures onto or under the Municipal Structure and, subject to 1OR's consent (such consent not to be unreasonably withheld, conditioned or delayed) onto or on the Industrial Structure, provided that the cost of purchasing, placing, integrating, maintaining and removing the said burn props, props, or fixtures is borne exclusively by the City. d. The City shall, at its own cost, repair and pay for any damages to the Industrial Structure resulting from the City's use of burn props, props or fixtures referred to in paragraph c. hereof as determined by the Assessment. 4.7 Additional Structures iOR may, with the City's consent, which consent shall not be unreasonably withheld or delayed, have additional training structures and props installed on the Training Grounds to enhance its training capacity, provided that the placement and use of said additional structures and props shall not negatively impact the City's use and operation of the Training Facility and the City's operation of the training division of the City's Fire Department. 4.8 Third Party Training It is understood and agreed by and between the Parties that the City may offer and provide Emergency Management and Emergency Response training on a "for profit basis" to Persons other than IOR in and on the Training Facility, provided such training does not negatively interfere with IOR's unrestricted use of the Industrial Structure on weekends and holidays. 1 P a g e 183 4.9 Concrete /Pavement on Licensed Premises IOR may, with the City's consent and at its sole cost, design and place concrete or asphalt on a portion or on the entirety of the Training Grounds. If and when IOR exercises this discretion, the cost related to the concrete or pavement directly associated with the City's sole use shall be paid by the City through additional free yearly training, the value of which training shall equate the cost of the concrete or ashpalt for the City's use, as determined by the Fire Chief, in his discretion, exercised reasonably, in consultation with IOR. The value of the additional free yearly training contemplated in this section 4.9 shall be added to the yearly free training value set out at section 7 hereof, and shall be set out in an amending agreement signed by IOR and the City. 4.10 Additional Site Drainage Control Work in the event that, in IOR's opinion in consultation with the City, additional site drainage control work is required to mitigate the impact of water run -off occurring during the use by the City and by IOR of the Training Facility or arising from the placing of concrete on a portion of the Training Grounds, the Parties covenant and agree to share the cost of the work as follows: a. The cost sharing will be calculated pro rata based on whose training requirements or concreted area on the Training Grounds contributed to the need for additional site drainage controls. b. The City's portion of the cost will be paid by providing to IOR free Emergency Management and Emergency Response training of a market value, to be determined by the Fire Chief, equal to the City's share of the said cost. c. The value of the additional free yearly training contemplated in this section 4.10 shall be added to the yearly free training value set out at section 7 hereof, and shall be set out in an amending agreement signed by IOR and the City. 4.11 Assessment An Assessment shall be conducted each and every time IOR uses the Industrial Structure for training purposes. 9lrage HE 4.12 Standard of Care The Parties hereby covenant and agree to provide and perform services to each other honestly and in good faith and in accordance with prudent commercial practices customary in the industry. ARTICLE 5 — CITY OBLIGATIONS 5.1 Training Structure a. The City shall, at its sole cost, purchase, manage, and operate the Training Structure as generally illustrated in the Fire Training Structure LLC drawings dated July 4, 2013 and October 3, 2013 attached hereto as Schedule B and on the Crandall Drawing. b. The City shall cause the Training Structure to be painted the same or a similar colour as the one used on IOR's new emergency services building located on the Property. 5.2 Training Structure Representative The City shall, at its sole cost, arrange and pay for a representative of Fire Training Structures LLC, the fabricator of the Training Structure, to supervise the off - loading, assembly and erection of the Training Structure. 5.3 Training The City shall, at its sole cost, during the Term, develop, sustain and deliver a high level of competency certified and accredited training curriculum that meets applicable National Fire Protection Association (NFPA) standard(s) and make same available to IOR. 5.4 Certifications and Accreditations During the Term, the City shall, at its sole cost, obtain and maintain the applicable training certifications and accreditations, either in house or through a third party (i.e. Nova Scotia Firefighters School). 5.5 Electricity Costs 10IGage 185 During the Term, the City shall pay all electricity costs associated with the Training Structure and the Training Building. 5.6 Addition of New Props The City may, with IOR's consent, which consent shall not be unreasonably withheld or delayed, have additional training structures and props installed on the Training Grounds to enhance its training capacity, provided that the placement and use of said additional structures and props shall not negatively impact IOUs unrestricted use of the Industrial Structure on weekends and holidays as provided herein. 5.7 Parking for third Party Trainine The City hereby covenants and agrees that, unless IOR specifically permits otherwise, all vehicles of Persons, other than IOR, taking training from the City at the Training Facility, will be parked on the Licensed Premises. 5.8 Controlled Access a. Except as it relates to personnel employed by IOR, or an affiliate of IOR, or any of the agents, contractors or invitees of IOR, the City shall control access to the Training Facility and be responsible for the actions of Persons on or accessing the Training Facility. b. The City shall develop and put in place a policy governing the use of the Training Facility by Persons other than IOR and its affiliates, or any of its employees, agents, contractors or invitees. This policy shall be subject to the approval of IOR, which approval shall not be unreasonably withheld or delayed. 5.9 Assessment An Assessment shall be conducted each time the City uses the Training Structure for training purposes. 5.10 Liens The City shall not in any way encumber, mortgage or allow any liens to arise or be filed against or attach to the Property. age UM 5.11 Environmental Issues The City covenants and agrees that if it, or any of its customers (other than IOR or its affiliates, or their employees, agents, contractors and invitees) causes any spills, releases or environmental issues on the Property, it shall, at its sole cost, cause same to be remedied pursuant to applicable legislation. 5.12 Industrial Structure Upon expiry of the Term, the City shall deliver to fOL a Bill of Sale for the industrial Structure in consideration of the sum of one dollar ($1.00) of lawful money of Canada. ARTICLE 6 — TERMINATION AND EXPIRY 6.1 Termination a. Notwithstanding Section 3.1, during the Term (whether the initial or any renewal Term), a Party may terminate this License Agreement by providing 24 months prior written notice to the other Party. b. Any financial, training or other obligations of the City to IOR arising from this or any related agreement, extinguish with the termination of this Agreement by IOR pursuant to this section 6.1. In the event the City terminates this Agreement pursuant to this Section 6.1, the City shall remain obligated to IOR in respect of any unused or unamortized value of free training, the value of which shall be either paid to IOR or provided to IOR by way of free training services in accordance with the principles of this Agreement. c. Any obligation of IOR to the City arising from this or any related agreement, extinguish with the termination of this Agreement pursuant to this section 6.1. 6.2 Termination for Material Breach A Party may terminate this License Agreement upon not less than 15 days' prior written notice to the other Party in the event of a breach by such Party of any of its material obligations, but without prejudice to the rights of the Parties accrued with respect to this Agreement prior to such notice of termination; provided however that, if the defaulting Party cures the breach of which it has been so notified within the said 15 day period, or, if the breach 121Page 187 is one that cannot be cured within 15 days, the defaulting Party commences to cure such breach and diligent pursues the curing of such breach, this Agreement will not terminate but will continue in full force and effect. 6.3 Obli ations Upon Ex it The City, at its sole cost and expense, shall have 24 months from the expiry of the Term (whether initial or any renewal Term) or upon termination, to remove the Municipal Structure, the Training Building and related appurtenances from the Licensed Premises and to relocate the training division of the City's Fire Department (provided, however, the City shall have no right to remove the Training Building before it has title to the Training Building pursuant to Section 4.3(e) of this Agreement). The City shall not be responsible to pay any of the cost related to the removal of footings, buried services and unique site improvements associated with the Training Facility. ARTICLE 7 — CONSIDERATION FOR THE LICENSE 7.1 Consideration a. As consideration for the within license granted by 1011 to the City, the City shall provide to IOR free Emergency Management and Emergency Response Training yearly, for the first 10 years of the Term, of a value of $73,691.33, subject to adjustment in accordance with paragraphs b. and c. hereof, at the rates outlined in Schedule D. b. The rates outlined in Schedule D reflect current market rates, which shall be adjusted annually at the Fire Chief's discretion, acting reasonably, to reflect changes in market value, provided, however, the rates to be used for the purposes of this Agreement shall be less than the rates the City charges to any third party customer receiving Emergency Management and Emergency Response Training from the City. c. The value set forth in paragraph a. and the number of years for which such free training will be provided may be adjusted in accordance with Sections 4.9 and 4.10 hereof. d. Subject to paragraph c above, each year during the first 10 years of the Term, the value of the Emergency Management and Emergency Response training provided to 10R by the City which exceeds the yearly free training value stated at paragraph a. 13IPare Im hereof shall be paid by IOR to the City at the rates set out in Schedule D (as adjusted). e. Subject always to paragraph c. above, if, during any given year of the first 10 years of the Term, IOR does not use the full value of free training set out at paragraph a. hereof, IOR shall benefit from a training credit from the City for the unused portion of the said free training value, which credit may be carried forward for the first 10 years of the Term. f. Subject to paragraph c. above, starting at year 11 of the Term and for every year of the Term and any renewal Term thereafter, IOR shall pay to the City the rates in accordance with Schedule D (as adjusted), for any and all Emergency Management and Emergency Response training the City may provide to IOR. S. INSURANCE AND LIABILITY 8.1 Liability Insurance a. The City shall obtain and maintain throughout the Term (whether initial or any renewal Term) of this License Agreement third party liability insurance in an amount of not less than Ten Million ($10,000,000.00) Dollars. b. Such insurance must name IOR as additional named insured as its respective rights and interests may appear and must include a severability of interests' clause and a full waiver of subrogation in favour of those parties named as additional named insured. c. The City shall not do or permit to be done any act by which any policy of insurance might be suspended, reduced, impaired or cancelled. If the City is or becomes unable, at any time during the Term, to obtain any type of insurance specifically required under this Section 8.1 as a consequence of the non - availability of same in the insurance market or otherwise, The City shall forthwith advise IOR and proceed to obtain such insurance as might then be available that is similar in coverage and effect to the non - available insurance and any other type of insurance that would at such time be reasonably obtained by a prudent person or organization engaged in the operation of a fire training facility. The insurance at the time it is required to be maintained or affected must be in full force and effect and no event or circumstance must have occurred and there must be no omission to disclose a fact that would in 141Par e HM either case entitle an insurer to avoid or otherwise reduce its liability under any of the policies of insurance required pursuant to this Section 8.1. d. IOL shall obtain and maintain in force throughout the Term (whether initial or any renewal Term) of this License Agreement third party liability insurance in an amount of not less than Ten Million ($10,000,000.00) Dollars. e. Such insurance must name the City as additional named insured as its respective rights and interests may appear and must include a severability of interests' clause and a full waiver of subrogation in favour of those parties named as additional named insured. f. IOR shall not do or permit to be done any act by which any policy of insurance might be suspended, reduced, impaired or cancelled. If IOL is or becomes unable, at any time during the Term, to obtain any type of insurance specifically required under this Section 8.1 as a consequence of the non - availability of same in the insurance market or otherwise, IOR shall forthwith advise the City and proceed to obtain such insurance as might then be available that is similar in coverage and effect to the non - available insurance and any other type of insurance that would at such time be reasonably obtained by a prudent person or organization engaged in the operation of a fire training facility. The insurance at the time it is required to be maintained or affected must be in full force and effect and no event or circumstance must have occurred and there must be no omission to disclose a fact that would in either case entitle an insurer to avoid or otherwise reduce its liability under any of the policies of insurance required pursuant to this Section 8.1. 8.2 Indemnity and Release a. IOR shall indemnify and save harmless the City, and the employees, servants, agents, licensees and invitees (collectively, "Representatives ") of 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 City's Representatives, caused by, resulting from or attributable to the negligent act or omission of IOR or any of their employees, servants, or agents in the performance of this Agreement. b. The City shall indemnify and save harmless IOR and its affiliates and their Representatives from and against all actions, causes of action, proceedings, claims and demands brought against IOR and its affiliates, and from and against all losses, 15IPaa e 190 costs, damages or expenses suffered or incurred by IOR, by reason of any damage to property, including property of IOR and its affiliates, or injury, including injury resulting in death, to persons, including the Representatives of IOR and its Affiliates, 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. c. Each of IOR and the City, for itself and its successors and assigns, (the "Releasor ", as the case may be) and to the fullest extent permitted by law, hereby releases and forever discharges the other, its employees, officers, agents, successors and assigns, (the "Releasee ", as the case may be) from and against any and all losses, costs, claims, demands, expenses, proceedings and actions of every nature and kind for injury or damages, which are or may be in any way related to or connected or associated with the Training Facility, except as provided in Section 8.2.a. or 8.2.b. above. Notwithstanding anything to the contrary contained in this Agreement, the City and IOR 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. ARTICLE 9 — DISPUTE RESOLUTION 9.1 Mediation a. Despite anything contained in this Agreement to the contrary, in the event that a dispute or difference arises with respect to this Agreement that cannot be resolved by negotiation between the parties and the parties agree that they do not wish to terminate this Agreement, then in such event the parties agree to use the services of a single, experienced, qualified mediator to attempt to resolve their dispute or difference and, failing agreement on the procedure to be followed, the mediation shall be conducted in accordance with the National Mediation Rules of the ADR Institute of Canada Inc. b. In the event that mediation does not result in a resolution of the dispute or difference and the parties agree that they do not wish to terminate this Agreement, then in such event any unresolved issue may be taken to any other appropriate dispute resolution process agreed to by the parties, including arbitration or an appropriate court process. c. The cost of mediation and /or other dispute resolution process shall be borne equally between the parties, except that each party shall bear the cost of their own counsel and witnesses, and one -half the cost of the mediator or arbitrator. 161Page 191 ARTICLE 10 — GENERAL TERMS AND CONDITIONS 10.1 Binding Effect This Agreement is binding upon and enures to the benefit of the Parties and their respective successors and permitted assigns. 10.2 Assignment Neither Party may assign or transfer this Agreement, either in whole or in part, without first obtaining the written consent of the other Party, which consent may be withheld in the sole discretion of such other Party; provided, however, a Party may not unreasonably withhold its consent to a proposed assignment or transfer by one other Party to an affiliate of such other Party. 10.3 Relocation a. IOR may, at its sole cost and expense, relocate the Training Facility and related appurtenances within the Property, or to another property, with the consent of the City, such consent not to be unreasonably withheld or delayed. b. The City may withhold consent if the location, size and configuration of a property where IOR proposes to relocate the Training Facility is not suitable to the City, in the Fire Chief's sole discretion, acting reasonably. 10.4 Waiver Failure by a Party to give notice of any breach or default under this Agreement, or any failure to insist upon the strict performance of any of the terms of this Agreement, does not constitute waiver of any such breach or default or of any of the terms hereof. No breach or default is waived and no duty to perform is altered or modified except by a written instrument. One or more waivers or failures to give notice of breach or default are not to be considered a waiver of a subsequent or continuing breach of the same covenant or agreement. 10.5 Notices All notices, offers, acceptances, approvals, consents, waivers, requests, demands and other communications hereunder or under any certificate or other instrument delivered in connection with the herein license (collectively, "notices ") must be in writing, addressed as provided below and delivered in person or sent by facsimile or a recognized overnight delivery service. All notices are deemed to be properly given or made upon the earliest to occur of (i) actual delivery, (ii) two (2) days after being sent by overnight delivery service or (iii) one (1) day 171Page 192 after being sent by facsimile (followed promptly by the sending of the original of such notice by overnight delivery service as aforesaid). For the purpose of notice, the addresses and facsimile numbers of the Parties are as set forth below: In the event of notice to IOR: Irving Oil Refining G.P. 340 Loch Lomond Road Saint John, N.B. E21- 4H6 Attention: EHS Director Fax: 506.202.4002 Email: alison.brown @irvingoil.com In the event of notice to The City of Saint John: City of Saint John 15 Market Square Saint John, NB E21- 1E8 Attention: Fire Chief Fax: 506.658.2916 Email: kevin.clifford @saintjohn.ca and to: City of Saint John 15 Market Square Saint John, NB E21- 1E8 Attention: The Common Clerk Fax: 506.674.4214 10.6 Governine Law All disputes arising out of, or relating to the performance, interpretation, breach, termination or invalidity of this Agreement are to be governed by and interpreted in accordance with the laws of the Province of New Brunswick and the federal laws of Canada applicable therein (without reference to its conflicts of law principles). 10.7 Entire Agreement This Agreement is the complete and final agreement of the Parties with respect to the subject matter hereof and supersedes any prior agreements or undertakings, whether written or oral, with respect to such subject matter. 191P-1 ct 193 10.8 Headings The division of this Agreement into articles, sections and paragraphs and the use of headings are for the convenience of reference only and do not affect the interpretation or construction of this Agreement. 10.9 Amendments The provisions of this Agreement may not be amended, modified or waived except by a written instrument executed by the Parties. 10.10 Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction does not invalidate the remaining provisions hereof. 10.11 Miscellaneous 19IPafe a. During the preparation of its annual training calendar (or at whatever interval the training calendar is developed), the City will confer with IOR to ascertain IOR's upcoming training needs, giving IOR first option to block dates for the use of the Industrial Structure portion of the Training Structure and first option to book seats in any courses offered by the City, to be delivered at the Training Facility. b. The Municipal Structure shall be deemed a chattel of the City. 194 IN WITNESS WHEREOF the Parties have caused this License Agreement to be executed as of the date first mentioned. IRVING OIL REFINING G.P. THE CITY OF SAINT JOHN By its partners: per, Irving Oil Operations General Partner Limited Mayor per per Common Clerk Name (Print): Common Council Resolution Date: Title: Date: per Name (Print): Title: Date: Irving Oil Operations G. P. By its partners: Irving Oil Limited: per Name (Print): Title: Date: 20�Page 195 per. Name (Print): Title: Date: Highlands Operations Limited per Name (Print): Title: Date: per Name (Print); Title: Date: 211Page 196 Attachments: Schedule A — SNB map of the Property 221Page Schedule A -Z-- Licensed Premises Schedule B — Fire Training Structure LLC Drawings for the Training Structure Schedule C — Crandall Drawing of the Training Ground Schedule D — Training Programs and Current Market Rates 197 Map Scale 1 Echelle cartographique 1 : 3335 While this map may not be free from error or omission, care has been taken to ensure the best possible quality. This map is a graphical representation of property boundaries which approximates the size, configuration and location of properties. It is not a survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area. Meme si cette carte nest peut -etre pas libre de toute erreur ou omission, toutes les precautions ont ete prises pour en assurer la meilleure quality possible. Cette carte est une representation graphique approximative des terrains (limites, dimensions, configuration et emplacement). Elie n'a aucun caractere offici6I6 ne dolt donc pas servir a la redaction de la description officielle d'un terrain ni au calcul de ses dimensions exactes ou de sa superficle. N A SCHEDULE A -1 Licensed Premises 201Page 199 221Pape SCHEDULE B Fire Training Structure LLC Drawings for the Training Structure 200 -- S ySy,,'��$�Y. Pr � updp n^u �Yii A�pe9i ° -�aA2 YiyO�D P �mZbx �w♦; np Nl� ��\ Z mgwNW g �I T o z o T 1 e? 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Curafii n issued by a 0Pn *' in Days Industrial Fire Brigade Skills as per NFPA 600 5 AHJ 875 Skills as per NFPA 1081 Industrial Fire Brigade - Skills as per NFPA 600 2 AHJ 400 Recertification Skills as per NFPA 1081 Driver Operator — Pumper and Skills as per NFPA 1002 3 AHJ 600 ground ladder maintenance and Skills as per NFPA 1932 testing Driver Operator — Pumper Skills as per NFPA 1002 1 AHJ 200 Recertification; and ground ladder Skills as per NFPA 1932 maintenance and testing Driver Operator — Aerial * Skills as per NFPA 1002 2 AHJ 400 and ground ladder maintenance Skills as per NFPA 1932 and testing Driver Operator — Aerial Skills as per NFPA 1002 1 AHJ 200 Recertification Skills as per NFPA 1932 and ground ladder maintenance and testing Vehicle Rescue Skills as per NFPA 1006 2 AHJ 400 Vehicle Rescue — Recertification Skills as per NFPA 1006 1 AHJ 200 Hazardous Materials Technician Skills as per NFPA 472 7 IFSAC 1,000 Hazardous Materials Technician — Skills as per NFPA 472 1.5 1 AHJ 300 Recertification Hazardous Materials Awareness Skills as per NFPA 472 4 IFSAC 700 Operations Self- Contained Breathing Skills as per NFPA 1001 2 AHJ 400 Apparatus Confidence including Skills as per NFPA 1561 Thermal Imager & face fit Skills as per NFPA 1801 Skills as per NFPA 1852 Water/ Ice Rescue Skills as per NFPA 1006 2.5 AHJ 500 Rope Rescue Awareness Skills as per NFPA 1006 TBD AHJ TBD Rope Rescue Technician Skills as per NFPA 1006 TBD AHJ TBD Rope Rescue Operations Skills as per NFPA 1006 TBD AHJ TBD Confined Space Entry Skills as per NFPA 1006 TBD AHJ TBD 24Qa "age 233 * All prices are plus applicable taxes. Prices are in 2013 dollars. Table is to be adjusted annually. 2s�Page 234 Off Road Rescue Skills as per NFPA 1006 TBD AHJ TBD Fire Extinguisher Operations Skills as per NFPA 1001 .5 AHJ 100 Suburban / Rural Skills as per NFPA 1142 2 AHJ 400 water supply operations Fire Service Instructor I Skills as per NFPA 1021 5 IFSAC 625 Basic Emergency Preparedness Skills as per the Canadian 3 CEMC 375 Emergency Management College Basic Emergency Management Skills as per the Canadian 3 CEMC 375 Emergency Management College Basic Emergency Operations Skills as per the Canadian 3 CEMC 375 Centre Emergency Management College Fire Incident Safety Officer Skills as per NFPA 1521 5 ProBoard 825 Incident Command — Operations Skills as per NFPA 1561 1 AHJ 125 First Responders Roles in Skills as per NFPA 471 1 AHJ 125 Transportation of Dangerous Skills as per NFPA 472 Goods Incidents Fire Inspector & Investigator roles Skills as per NFPA 921 1 AHJ 125 for First Responders Emergency Operations Skills as per NFPA 1091 1 AHJ 125 At Highway Incidents Conducting Emergency: Skills as per NFPA 1600 1 AHJ 125 Exercises at your facility Skills as per NFPA 1620 Developing your training Skills as per NFPA 1000 1 AHJ 125 department program Skills as per NFPA 1001 Skills as per NFPA 1401 Skills as per NFPA 1410 Emergency and Training Skills as per NFPA 1584 1 AHJ 125 Operations Rehab Wildland /Wildfire Control Skills as per NFPA 298 1 AHJ 125 Skills as per NFPA 299 Fire Protection of Historic Skills as per NFPA 914 1 AHJ 125 Structures Land based ship board firefighting Knowledge per NFPA 1005 2 AHJ 250 Respiratory Protection: Including Skills as per NFPA 1452 1 AHJ 200 Face fit testing * All prices are plus applicable taxes. Prices are in 2013 dollars. Table is to be adjusted annually. 2s�Page 234 The QW of &dnt John May 26, 2014 Deputy Mayor and Councillors Subject: Surplus Real Estate — Fire Department Training Grounds Millidge Ave. & University Ave. The Committee of the Whole, having met on May 26, 2014, made the following recommendation: RESOLVED that the City enter into an Agreement of Purchase and Sale, in the form as attached to the submitted report dated May 22, 2014, with Cobalt Property Investments Limited for the sale of City Lands bearing PID 55221717 Sincerely, Mel Norton Mayor 4 -41,`w ' xt K., .: pa! ", Nln Coazda ALA v��,',V- ..IhYiyAlmcx I C- 1974 E2L4LI 23 The City of Saint John May 26, 2014 Deputy Mayor and Councillors Subject: Recommended Appointments to Taxicab Advisory Committee The Committee of the Whole, having met on May 26, 2014, made the following recommendation: Taxicab Advisory Committee: to appoint Richard Lee and Andrew Somerville each for a 3 year term from May 26, 2014 to May 26, 2017 Sincerely, Mel Norton Mayor �P SAINT .UC)J1N P.O. Box 1971 Saint John, NB Canada 1121- 41-1 1 www.�iintjoh;i.ca a C.P. 1971 Saint john, NA. Canada E21- 41-1 236 r'a The city of Saint John May 26, 2014 Deputy Mayor and Councillors Subject: Scheduling of Committee of the Whole Closed Meeting The Committee of the Whole, having met on May 26, 2014, made the following recommendation: RESOLVED that a Committee of the Whole closed session be scheduled for Wednesday, June 4 t 2014 at 4.30pm in the 8h Floor Boardroom. Sincerely, Mel Norton Mayor (P ,SAINT 101-WI P.O. Box 1971 &lint John, Nq Canada E2L 4L7 I www.saintJohn.ca I C.E:1971 Saint John, NA. Canada E2L4L1 to - � 237