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2018-04-23_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting AGENDA Monday, April 23, 2018 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plait utiliser 1'entree Chipman Hill Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Pages 1. Call to Order 2. Approval of Minutes 2.1 Minutes of April 9, 2018 1 - 13 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Saint John Parking Commission - Appointment of George Ferguson Canadian 14-14 Corps of Commissionaires as a ByLaw Enforcement Officer (Recommendation in Report) 5.2 Terms and Conditions of Employment for Non -Unionized Staff of the City of 15-34 Saint John (Recommendation in Report) 5.3 Proposal for CCTV Video Inspection (Recommendation in Report) 35-39 5.4 Cleanup of Unsightly Properties at Various Locations (Recommendation in 40-89 Report) 5.5 Contract No. 2017-24: Visart Street (Adelaide Street to Natalie Street) — Water, 90-92 Sanitary and Storm Sewer Renewal and Street Reconstruction (Recommendation in Report) 5.6 Posting of Saint John Water Notices on the City's Website (Recommendation in 93-95 Report) 1 Poeta By: (L 5.7 237 Foster Thurston Drive — Cancellation of Public Hearing (Recommendation in 96-97 Report) 5.8 Musquash Water Pumping Station — Access Road and Water Pipeline - 98-105 Easement (Recommendation in Report) Day of Mourning - April 28, 2018 5.9 Agreement with 632504 New Brunswick Ltd. to Conduct Work for City 106-112 Huntington Disease Awareness Month - May 2018 Infrastructure in Mobile Home Park off Glen Road (Recommendation in Report) 5.10 Contract No. 2018-03: Sandy Point Road (Hawthorne Avenue to Parkwood 113-115 Avenue) — Storm Sewer Installation (Recommendation in Report) 5.11 Proposed Rezoning of PID 55071070 Simonds LSD (Recommendation: Receive 116-119 for Information) 6. Members Comments 7. Proclamation 7.1 Human Values Day - April 24, 2018 120-120 7.2 Day of Mourning - April 28, 2018 121 - 121 7.3 Huntington Disease Awareness Month - May 2018 122-122 7.4 Lyme Awareness Month - May 2018 123-123 8. Delegations / Presentations 8.1 City of Saint John Smart Cities Challenge Application 124-152 9. Public Hearings - 6:30 p.m. 10. Consideration of By-laws 10.1 Zoning ByLaw Text Amendment - Cannabis Retail (3rd Reading) 153-161 10.2 Zoning ByLaw Amendment - 10-40 High Ridge Road (3rd Reading) with 162-164 Section 59 Conditions 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 Demolition of Vacant, Dilapidated and Dangerous Building at 251 Rockland 165-198 Road (PID #25924) 12.2 Management of Urban Deer Population and Lyme Disease 199-206 12.3 Transportation Strategic Plan — MoveSJ 207-208 K K3 12.4 Customer Service and Management of Work Requests 209-211 13. Committee Reports 13.1 Finance Commitee: Operating Budget Policy FAS -004 212-217 13.2 Finance Committee: Banking Resolution 218-221 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Romero House Fund Raising Event 222-222 15.2 Trinity Anglican Church Fundraising Dinner 223-224 15.3 West Side Ratepayers Association 225-230 16. Supplemental Agenda 17. Committee of the Whole 17.1 West Side Rate Payers Association 231 -232 18. Adjournment K3 City of Saint John Common Council Meeting Monday, April 23, 2018 Committee of the Whole 1. Call to Order Si vous avez besoin des services en fran�ais pour une r6union de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 10.(2)(4) of the Municipalities Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:30 p.m., 8th Floor Boardroom, City Hall 1.1 Approval of Minutes 68(1) 1.2 Legal Advice 68(1)(f) 1.3 Land Matter 68(1)(d) 1.4 Financial Matter 68(1)(c) 1.5 Financial Matter 68(1)(c) 1.6 Financial Matter 68(1)(c) C! Ville de Saint John Seance du conseil communal Le fundi 23 avril 2018 18 h, salle du conseil Comit6 pl6nier 1. Ouverture de la s6ance Si vous souhaitez obtenir des services en fran�ais pour une s6ance du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. Chacun des points suivants, en totalite ou en partie, peut faire 1'objet d'une discussion en prive en vertu des dispositions prevues a Particle 10 de la Loi sur les municipalites. Le conseil/comite prendra une ou des d6cisions a cet egard au cours de la s6ance publique 16 h 30 — Salle de conf6rence, 8e 6tage, h6tel de Ville 1.1 Approbation duproces-verbal 68(1) 1.2 Conseil juridique — alinea 68(1)j) 1.3 Question relative aux biens-fonds — alinea 68(1)d) 1.4 Question financiere — alinea 68(1)c) 1.5 Question financiere — alinea 68(1)c) 1.6 Question financiere — alinea 68(1)c) S6ance ordinaire 1. Ouverture de la s6ance 2. Approbation du proces-verbal 2.1 Proces-verbal du 9 avri12018 3. Approbation de Pordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a Papprobation du conseil 5.1 Commission sur le stationnement de Saint John — Nomination de George Ferguson, membre du Corps canadien des commissaires, en taut qu'agent d'execution des arretes municipaux (recommandation figurant au rapport) 61 5.2 Modalit&s et conditions d' emploi des employes non syndiqu&s de la Ville de Saint John (recommandation figurant au rapport) 5.3 Projet d'inspection par camera en circuit ferm& (recommandation figurant au rapport) 5.4 Nettoyage de propri&t&s inesth&tiques a divers endroits (recommandation figurant au rapport) 5.5 Contrat ri 2017-24 : Renouvellement de la conduite d' eau et des &gouts sanitaires et pluviaux et travaux de r6fection de la rue Visart, entre la rue Adelaid et la rue Natalie (recommandation figurant au rapport) 5.6 Publication des avis de Saint John Water sur le site Web de la Ville (recommandation figurant au rapport) 5.7 237, promenade Foster Thurston — Annulation des audiences publiques (recommandation figurant au rapport) 5.8 Poste de pompage de 1' eau de Musquash — Chemin d' acc&s et conduite d'eau — Servitude (recommandation figurant au rapport) 5.9 Entente avec 632504 New Brunswick Ltd. pour mener des travaux sur Finfrastructure de la Ville dans le pare de maisons mobiles donnant sur le Chemin Glen (recommandation figurant au rapport) 5.10 Contrat ri 2018-03 : Installation des &gouts pluviaux du Chemin Sandy Point, entre Favenue Hawthorne et Favenue Parkwood (recommandation figurant au rapport) 5.11 Projet de rezonage du terrain portant le NID 55071070 du district de services locaux Simonds (recommandation : accept& a titre informatif) 6. Commentaires pr6sent6s par les membres 7. Proclamation 7.1 Journ&e des valeurs humaines — 24 avril 2018 7.2 Jour de deuil — 28 avril 2018 7.3 Mois de la sensibilisation a la maladie de Huntington — Mai 2018 7.4 Mois de la sensibilisation a la maladie de Lyme — Mai 2018 8. D616gations et pr6sentations 8.1 Inscription de la Ville de Saint John au D&fi des villes intelligentes 9. Audiences publiques — 18 h 30 10. Etude des arret6s municipaux C.1 10.1 Modification au texte de 1'Arret& de zonage — Vente au detail du cannabis (troisi&me lecture) 10.2 Modification de 1'Arret& de zonage au 10-40, chemin High Ridge (troisieme lecture), conform&ment aux conditions impos&es par Particle 59 11. Interventions des membres du conseil 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Demolition du batiment vacant, d&labr& et dangereux situ& au 251, chemin Rockland (NID 25924) 12.2 Gestion de la population de chevreuils en zone urbaine et de la maladie de Lyme 12.3 Plan strat&gigue en mati&re de transport — EnMouvementSJ 12.4 Service a la clientele et gestion des demandes de travaux 13. Rapports deposes par les comites 13.1 Comit& des finances : Politique sur le budget de fonctionnement FAS -004 13.2 Comit& des finances : R&solutions bancaires 14. Etude des sujets &cartes des questions soumises a Papprobation du conseil 15. Correspondance generale 15.1 Activit& de financement de la maison Romero 15.2 Souper-b&n&face de 1'&glise anglicane Trinity 15.3 Association des contribuables du quartier West Side 16. Ordre du jour supplementaire 17. Comite plenier 17.1 Association des contribuables du quartier West Side 18. Levee de la seance N MINUTES—REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN APRIL 9, 2018 AT 6:00 PM IN THE COUNCIL CHAMBER Present: Mayor D. Darling Deputy Mayor S. McAlary Councillor -at -Large Gary Sullivan Councillor Ward 1 Greg Norton Councillor Ward 1 Blake Armstrong Councillor Ward 2 John MacKenzie Councillor Ward 3 Gerry Lowe Absent: Councillor Ward 2 Sean Casey Councillor Ward 3 Donna Reardon Councillor Ward 4 David Merrithew Councillor Ward 4 Ray Strowbridge Also Present: City Manager J. Trail Deputy City Manager N. Jacobsen City Solicitor J. Nugent Commissioner of Finance and Treasurer K. Fudge Commissioner of Growth and Community Development J. Hamilton Commissioner Transportation and Environment M. Hugenholtz Commissioner Saint John Water B. McGovern Acting Police Chief B. Connell Deputy Chief J. Armstrong Common Clerk J. Taylor Deputy Common Clerk P. Anglin 1. Call to Order Mayor Darling called the meeting to order. A moment of silence was held to acknowledge the loss suffered by the victims, families, first responders and the entire community of the Humbolt Broncos Hockey Team in the recent, tragic bus crash. 2. Approval of Minutes 2.1 Minutes of March 26, 2018 Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the minutes of the meeting of Common Council, held on March 26, 2018, be approved. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the agenda of this meeting be approved with the addition of the following items: 17.1 Billy's Seafood Lease Amendment 17.2 Last Chance Agreement MOTION CARRIED. 4. Disclosures of Conflict of Interest S. Consent Agenda 5.1 That the Letter from Saint John Lancaster Business Association re Santa Claus Parade be received for information. 5.2 That the Mayor and Clerk be authorized to execute the submitted Sculpture Saint John 2018 - Community Partner Agreement. 5.3 That as recommended by the City Manager in the submitted report M&C2018- 92: BeaverTails Mobile -Unit Licence Agreement: 1. The City enter into the Licence agreement with BeaverTails Commercial Inc. and Parent and Sons Investment Ltd. as attached to M&C 2018-92; and further 2. The Mayor and Common Clerk be authorized to execute the said Licence Agreement. 5.4 That as recommended by the City Manager in the submitted report M&C2018- 94: Fog Cutter Inc. Mobile -Unit Licence Agreement: 1. The City enter into the Licence agreement with Fog Cutter Inc. as attached to M&C 2018-94; and further 2. The Mayor and Common Clerk be authorized to execute the said Licence Agreement. 5.5 That as recommended by the City Manager in the submitted report M&C2018- 101: Tender for Traffic Materials, the tender for the supply of Traffic Materials for a one year period along with the additional one year extension, pending mutual agreement of both applicable parties, be awarded to the lowest compliant bidder in each case as indicated on the submitted summary of bids. 5.6 That the submitted report M&C2018-97: Public Information Session: Visart Street (Adelaide Street to Natalie Street) & Rockland Road (Somerset Street to Parks Street), be received for information. 5.7 That as recommended by the City Manager in the submitted report M&C2018- 89: 2018 Engineering Inspection Services, Common Council authorize staff to establish supply agreements with the eight consulting firms noted below, at the hourly rates provided in the submitted report totaling $460,000 plus HST for the provision of engineering inspection services for 2018 Capital Program projects. 5.8 That the submitted report M&C2018-100: Update on Implementation of the 5.10 Refer to Item 14.2 5.11 That as recommended by the City Manager in the submitted report M&C2018- 99: 2018 Unidirectional Water System Flushing, notwithstanding the City's Procurement Policy for Engagement of Professional Services, Common Council authorize staff to extend the agreement with Aqua Data Atlantic for an additional year (2018) at the same cost as 2017. 5.12 Refer to Item 14.3. 5.13 That as recommended by the City Manager in the submitted report M&C2018- 91: Contract No. 2017-20: Leinster Street (Sydney Street to Carmarthen Street) — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction, be awarded to the low Tenderer, Galbraith Construction Ltd., at the tendered price of $438,937.75 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.14 That as recommended in the submitted Planning Advisory Committee report Release of Land for Public Purposes 55 and 65 Boars Head Road: 1. Common Council approve the release of a 688 square metre parcel of Land for Public Purposes at 55 Boars Head Road, also known as PID number 55147383; and, 2. Common Council assent to the necessary Municipal Services Easements. 5.15 That as recommended by the City Manager in the submitted report M&C2018- 106: Interim Financing Canada Games Aquatic Centre, Common Council authorize the Commissioner of Finance to provide interim financing to the Canada Games Aquatic Centre of $150,000 for the 2017 estimated operational shortfall during the period of April 2018 until the funding is provided by the Regional Facilities Commission budget in 2019 at the interest rate received by the City of Saint John in the operating bank account (prime less 1.75%). Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the recommendation set out for each consent agenda with exception of items 5.9, 5.10 and 5.12 which have been identified for debate, be adopted. MOTION CARRIED UNANIMOUSLY. 6. Members Comments Council members commented on various community events. 7. Proclamation 8. Delegations/Presentations 9. Public Hearings 6:30 PM 9.1 Staff Presentation with Planning Advisory Committee Recommendation for Approval — Section 59 Amendment 155 St. John Street 9.1.1 Proposed Section 59 Amendment —155 St. John Street housing in the existing building as requested by Karl Rideout. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its March 20, 2018 meeting and recommended the amendment of the existing Section 59 conditions described a bove. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with no one presenting. Moved by Councillor Lowe, seconded by Deputy Mayor McAlary: RESOLVED that Common Council amend the Section 59 conditions imposed on the April 15, 1996 rezoning of a parcel of land with an area of approximately 465 square metres, located at 155 St. John Street, also identified as PID Number 00365114, by adding a supportive housing facility for up to nine residents to the list of permitted uses. MOTION CARRIED. 9.2 Staff Presentation with Planning Advisory Committee Recommendation for Approval — Section 59 Amendment 74 Loch Lomond Road 9.2.1 Proposed Section 59 Amendment — 74 Loch Lomond Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed Section 59 Amendment amending the Section 59 conditions imposed on the April 23, 2001 rezoning of the property located at 74 Loch Lomond Road, also identified as PID Number 00322115 to establish a bridal and prom dress store in the existing building as requested by Kim Winters and Sherry Garnett. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its March 20, 2018 meeting and recommended the amendment of the existing Section 59 amendments described a bove. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with no one presenting. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that Common Council amend the Section 59 conditions imposed on the April 23, 2001 rezoning of a parcel of land with an area of approximately 999 square metres, located at 74 Loch Lomond Road, also identified as PID Numbers 55069876, 00322115 and 55069884, by adding a 'bridal gown and prom dress' retail store as a permitted use. MOTION CARRIED. 9.3 Staff Presentation with Planning Advisory Committee Recommendation for Approval — Section 59 Amendment 55 Lansdowne Avenue 9.3.1 Proposed Section 59 Amendment — 55 Lansdowne Avenue also identified as PID Number 00370957 to allow for future development as requested by Plazacorp Property Holdings Inc. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its March 20, 2018 meeting and recommended the amendment of the existing Section 59 amendments described a bove. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with no one presenting. Moved by Deputy Mayor McAlary, seconded by Councillor Lowe: RESOLVED that Common Council: 1. Rescind the Section 39 conditions imposed on the December 2, 1985 rezoning of the property at 55 Lansdowne Avenue; and 2. That pursuant to Section 59 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 3.64 hectares located at 55 Lansdowne Avenue, also identified as PID Number 00370957 shall be subject to the following conditions: a) That should any new vehicular access points from Lansdowne Avenue be proposed for the development site, that the developer provide a Traffic Study reviewing the proposed access location; and b) That the developer prepare a plan, for the approval of the Development Officer, detailing pedestrian and vehicular circulation improvements for this portion of the site and that these improvements be completed within one year of building occupancy. MOTION CARRIED. 9.4 Staff Presentation and Planning Advisory Committee Recommendation for Approval — Zoning ByLaw Amendment — Cannabis Retail Senior Planner M. Reade provided an overview of the pending cannabis litigation and the approaches to the permitted land uses: • Cannabis retail zones • Cannabis processing zones • Cannabis production zones Responding to a question, the City Manager commented there is agreement between the federal government and provincial government on their share of taxes from the sale of the commodity, revenue sharing with municipalities is not finalized. Responding to a question "Does 300 meter separation spacing apply to safer school zones?" Deputy Commissioner T. O'Reilly stated distance varies for the safer school zones. 9.4.1 Proposed Zoning ByLaw Amendment — Cannabis Retail (1St and 2nd Reading) The Common Clerk advised that the necessary advertising was completed with regard to amending a number of sections of the Zoning By-law in order to add Cannabis Retail medical and recreational consumption; and includes replacing existing definitions with new definitions to provide clarity with respect to the interpretation of these land uses with no written objections received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its March 20, 2018 meeting and recommended the zoning bylaw amendments as described above. The Mayor called for members of the public to speak against the rezoning with no one presenting. The Mayor called for members of the public to speak in favour of the rezoning with no one presenting. Moved by Councillor Sullivan, seconded Councillor Norton: RESOLVED that the matter be laid on the table until the City knows the cannabis share of taxes to the municipality. MOTION DEFEATED with Deputy Mayor McAlary and Councillors Lowe, Armstrong, and MacKenzie voting nay. Moved by Deputy Mayor McAlary, seconded by Councillor Lowe: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of the City of Saint John" proposing amendments to the Zoning By-law which would define three land uses: cannabis retail, cannabis processing and cannabis production and list these uses as permitted uses in select commercial and industrial zones, be read a first time. MOTION CARRIED with Councillors Sullivan and Norton voting nay. Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of the City of Saint John." Moved by Deputy Mayor McAlary, seconded by Councillor Lowe: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of the City of Saint John" proposing amendments to the Zoning By-law which would define three land uses: cannabis retail, cannabis processing and cannabis production and list these uses as permitted uses in select commercial and industrial zones, be read a second time. MOTION CARRIED with Councillors Norton and Sullivan voting nay. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of the City of Saint John." 9.5 Staff Presentation with Planning Advisory Committee Recommendation for Approval —10, 20 and 40 High Ridge Road Referring to the submitted report entitled 10, 20, 40 High Ridge Road Rezoning Application, City Planner J. Brown commented on the proposed section 59 conditions with respect to site design and infrastructure due to management of storm water drainage. Deputy Commissioner Poffenroth commented on the guidance provided by the City's Drainage Bylaw 2016 and Storm Water Design Criteria Manual 2008 relating to the application. These regulations prevent development causing adverse impact from required. The City would want to see the drainage plan. Nick Landry, Municipal Engineer Infrastructure Service advised that all subdivisions must follow the Drainage Bylaw and Storm Water Design Criteria Manual, the proponent's property falls under these requirements. These requirements need an engineer to assess the drainage plan and provide calculations based on 1 in 5 year storms and 1 in 100 year storms. Commissioner Hamilton commented the goal of the bylaw is to protect the current and future property owners in the development and safeguard the City's infrastructure. The standard is a consistent standard also in place in Moncton, Fredericton, Halifax, and other municipalities. It is not a gold standard. 9.5.1 Proposed Zoning By-law Amendment —10, 20 and 40 High Ridge Road (1St and 2nd Reading) The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule A, the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 1.13 hectares, located at 10-40 High Ridge Road, also identified as a portion of PID Number 00050575 from Future Development (FD) to One -Unit Residential (R1) to allow for residential development, with no written objections received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its March 20, 2018 meeting at which the Committee recommended the rezoning of a parcel of land located at 10, 20 and 40 High Ridge Road as described above, with Section 59 conditions. The Mayor called for members of the public to speak against the rezoning with no one presenting. The Mayor called for members of the public to speak in favour of the rezoning with Ladds Batten, proponent of the application presenting and requesting Council remove staff recommendations 2b and 2e and PAC conditions 2b drainage plan and 2e driveway conditions. Moved by Councillor Lowe, seconded by Councillor Sullivan: RESOLVED that Common Council approve the recommendation of the Planning Advisory Committee with the removal of 2(e) driveway requirement, as follows: 1. That Common Council rezone a parcel of land having an area of approximately 11,315 square metres, located at 10, 20, 40 High Ridge Road, also identified as being a portion of PID 00050575 from Future Development (FD) to One -Unit Residential (R1); and 2. That, pursuant to Section 59 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 11,315 square metres, located at 10, 20, 40 High Ridge Road be subject to the following conditions: a) That any development of the site be in accordance with a detailed site plan to be prepared by the proponent and subject to the approval of the Development Officer, indicating the location of all buildings, structures, parking areas driveways, loading areas, signs, exterior lighting, outdoor storage areas, amenity -I - ! -1 - b) The owner/developer's engineering consultant must provide an engineered storm drainage submission and engineered design report indicating how storm water collection and disposal will be handled. If any municipal infrastructure improvements are required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. Prior to determining this, detailed engineering plans and a design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval by the City. No storm water is to be directed to adjacent lands without approval from that landowner. c) Private drainage easements must be provided for each developed lot if any drainage is to be discharged to the adjacent private land owner to the rear of these lots. d) The design of the sanitary sewer connections must be submitted to the City for review and approval. If any municipal infrastructure improvements are required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. MOTION CARRIED. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of the City of Saint John" amending Schedule A, the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 1.13 hectares, located at 10-40 High Ridge Road, also identified as a portion of PID Number 00050575 from Future Development (FD) to One -Unit Residential (R1), be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of the City of Saint John." Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of the City of Saint John" amending Schedule A, the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 1.13 hectares, located at 10-40 High Ridge Road, also identified as a portion of PID Number 00050575 from Future Development (FD) to One -Unit Residential (R1), be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of the City of Saint John." 10. Consideration of By-laws 10.1 Water & Sewer Bylaw Amendment (3rd Reading) Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that a by-law entitled, "By -Law No. M-16 A Law to Amend a By -Law Respecting Water and Sewerage", with amendments related to housekeeping items, the repeal of a provision considered inequitable and outside the city's authority, the creation of a new provision to improve the allocation of water costs among ratepayers, and improved by-law enforcement provisions, be read. Sewerage" instead of being read in its entirety was read in summary and by citing the amended section titles as follows: 1. Section 1, 2. Subsection 34(1) 3. Section 46 4. Section 47(3) 5. Section 48 (1) 6. Section 48(2) 7. Section 50 Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that a by-law entitled, "By -Law No. M-16 A Law to Amend a By -Law Respecting Water and Sewerage", with amendments related to housekeeping items, the repeal of a provision considered inequitable and outside the city's authority, the creation of a new provision to improve the allocation of water costs among ratepayers, and improved by-law enforcement provisions, be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the by-law entitled, "A Law to Amend By -Law No. M-16 A Law to Amend a By -Law Respecting Water and Sewerage." 10.2 Plumbing By -Law Amendment — Water Softeners (3rd Reading) Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that a by-law entitled, "By -Law Number PI -1 A By -Law Respecting Plumbing in The City of Saint John", a Plumbing by-law amendment that removes the permit fees for future plumbing permits for water softeners up to December 31, 2019, be read. MOTION CARRIED. In accordance with the Local Governance Act sub -section 15(3) the by-law entitled, "A By -Law Respecting Plumbing in The City of Saint John" instead of being read in its entirety was read in summary and by citing the section titles as follows: 1. Section 2 2. Paragraph 5(2)(e) 3. Paragraph 5.1 Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that a by-law entitled, "By -Law Number PI -1 A By -Law Respecting Plumbing in The City of Saint John", a Plumbing by-law amendment that removes the permit fees for future plumbing permits for water softeners up to December 31, 2019, be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the by-law entitled, "A By -Law Respecting Plumbing in The City of Saint John." 11. Submissions by Council Members 11.1 The Renaming of Freedom Court to Vic Fitzgerald Court (Mayor Darling and Councillor Lowe) 11.2 Lorneville Marsh Brook Crossing Reconstruction (Councillor Norton The City Manager commented that the timeline for the referral may be late because the province has awarded the contracts. Moved by Councillor Norton, seconded by Councillor MacKenzie: RESOLVED that Common Council refer to the City Manager the community concerns regarding the Lorneville Marsh Brook Crossing reconstruction for review and report back to Common Council. MOTION CARRIED. 12. Business Matters - Municipal Officers 12.1 Demolition of vacant, dilapidated and dangerous buildings at 126 Main Street (PID# 374173 & 55033658) The Mayor read the cautionary statement as follows: "The information which has been provided in the Council Kit includes the report by the Building Inspector stating that the building located at 126 Main Street is a hazard to the safety of the public by virtue of its being, among other things, structurally unsound. Is there present an owner, including anyone holding an encumbrance upon this property, who wishes to present evidence to the contrary, i.e. that the building is structurally sound?" No one came forward to present evidence. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that as recommended by the City Manager in the submitted report M&C 2018-103: Demolition of vacant, dilapidated and dangerous buildings at 126 Main Street (PID# 374173 & 55033658), 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 126 Main Street (PID#374173 & 55033658), in accordance with the applicable City purchasing policies. 1► 10000 0114YA:k]k1119a 12.2 2018 Asphalt Pavement Work Responding to a question, Commissioner Hugenholtz commented that in 2018 the City will be able to maintain the City's Paving Condition Index PCI at 76. Responding to a question, Commissioner Hugenholtz commented that staggered dates for putting out tenders may be beneficial to achieve opportune pricing. Many factors are involved in construction costs. Responding to a question on robot technology, Commissioner Hugenholtz commented that pothole patching machines is a new technology and staff is involved in professional trade organizations to keep informed on new developments. MOTION CARRIED. 12.3 2018 Roadway Construction Projects Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that as recommended by the City Manager in the submitted report M&C 2018-102:2018 Roadway Construction Projects, Common Council receive the report for information; and further that the Mayor be authorized to request the Province work with City of Saint John staff to explore opportunities for active transportation improvements in conjunction with their planned structure projects in Martinon and on the Mill Street Viaduct. 1► [QIM0114L1all all II19a 12.4 Harding Street West Truck Traffic Referring to the submitted report entitled Harding Street West Truck Traffic, Deputy Commissioner T. O'Reilly advised Council on the recommendations for short term, medium and long term solutions. Moved by Councillor Sullivan, seconded by Deputy Mayor McAlary: RESOLVED that as recommended by the City Manager in the submitted report M&C 2018-93: Harding Street West Truck Traffic, Common Council endorse two recommended short term solutions, being the installation of parking signage and painting of crosswalk lines, as described in M&C 2018-93. MOTION CARRIED. 12.5 Response to Cherry Brook Zoo Request for Assistance Moved by Deputy Mayor Councillor, seconded by Councillor Sullivan: RESOLVED that the submitted report M&C2018-98: Response to Cherry Brook Zoo Request for Assistance, be received for information. MOTION CARRIED. 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 14.1 Tender for Asphaltic Concrete Mixes Responding to a question, Commissioner Hugenholtz stated the City had two bidders this year and the quoted price is 20% less than the previous year. Moved by Councillor Armstrong, seconded by Councillor Sullivan: RESOLVED that as recommended by the City Manager in the submitted report M&C 2018-104: Tender for Asphaltic Concrete Mixes, the seasonal tender for the supply of asphaltic concrete mixes be awarded to NRB Construction Company Ltd. for the pre - construction season (start of plant to April 23, 2018), construction season (May 1 to November 10, 2018) and post construction season (November 11, 2018 to plant close). MOTION CARRIED. Moved by Councillor Armstrong, seconded by Deputy Mayor McAlary: RESOLVED that as recommended by the City Manager in the submitted report M&C 2018-95: Contract No. 2018-01: Asphalt Resurfacing 2018, the contract be awarded to the low Tenderer, Classic Construction (2012) Ltd., at the tendered price of $5,033,550.00 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. MOTION CARRIED. 14.3 Tender 2018-681001T - Phosohate for Corrosion Control Responding to a question, Deputy Commissioner I. Fogan stated the error in the withdrawn tender was evident to both parties and the contractor was allowed to remove the bid. There is case law concerning mistakes obvious to both parties that support this. Moved by Councillor Sullivan, seconded by Deputy Mayor McAlary: RESOLVED that as recommended by the City Manager in the submitted report M&C 2018-105: Tender 2018-681001T- Phosphate for Corrosion Control, Common Council approve the withdrawal of the tender submitted by Alpha Chemical Ltd.; and that the tender for the establishment of a supply agreement for Phosphate for Corrosion Control for the new Loch Lomond Drinking Water Treatment Facility be awarded to the lowest compliant bidder: Canada Colors and Chemicals (Eastern) Ltd, for a one year term. MOTION CARRIED. 15. General Correspondence 16. Supplemental Agenda 17. Committee of the Whole 17.1 Billy's Seafood Lease Amendment Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that as recommended by the Committee of the Whole, having met on April 9t" 2018 Common Council approve that the City of Saint John amend its lease with Billy's Seafood Company Ltd. as set out in the Amendment To Lease attached to the submitted report and that the Mayor and Common Clerk be authorized to execute the documentation. MOTION CARRIED. 17.2 Last Chance Agreement Moved by Deputy Mayor McAlary, seconded by Councillor Lowe: RESOLVED that as recommended by the Committee of the Whole having met on April 9t" 2018, Common Council approve and authorize the Mayor and Common Clerk to execute the unredacted version of a Last Chance Agreement in the form presented to Committee of the Whole in closed session at its meeting of April 9, 2018 the redacted version of which (in accordance with the Right to Information and Protection of Privacy 18. Adjournment Moved by Councillor MacKenzie, seconded by Councillor Armstrong: RESOLVED that the meeting of Common Council held on April 9, 2018, be adjourned. MOTION CARRIED. The Mavor declared the meetine adiourned at 9:28 o.m. Mayor/ maire Common Clerk / greffier communal Saint John Parking Commission Commission stir le stationnement de Saint John U14MUNME-01 SAINT JOHN TRANSIT RE: Appointment of George Ferguson, Badge No. 996L Canadian Corps of Commissionaires as a By -Law Enforcement Officer _ We are requesting that the following resolution be presented to Common Council for approval: "Resolved that pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following member of the Canadian Corps of Commissionaires as By -Law Enforcement Officer with the responsibility and authority to enforce provisions of the Parking Meter By -Law and the provisions of Section 5, Section 5.1, Section 7, Section 8, Section 15 and Section 16 of the Saint John Traffic By -Law, namely: George Ferguson, Badge No. 9960. And further that this appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or until the appointment is rescinded by Common Council, whichever comes first." Y urs truly, Marc Dionne Operations Manager Saint John Parking Commission 11th Floor, City Ha I I, P.O. Box 1971, Saint John, N.B. E2L4L I -Tel: (506) 632-7275 a, E-mail: parking@saintjohn.ca I li6me Etage, H6tel deVMe, C.P. 1971, Saint John, N. -B. E2L4L1 -T61: (506) 632-7275 a, Courriel: parking@saintjohn.ca www.saantjol4ca/parking COUNCIL REPORT M&C No. 2018-114 Report Date April 10, 2018 Meeting Date April 23, 2018 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Terms and Conditions of Employment for Non -Unionized Staff of the City of Saint John OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Leah Robichaud Stephanie Hassock Neil Jacobsen Jeff Trail RECOMMENDATION It is recommended that Common Council adopt the Terms and Conditions of Employment for Non -Union Administrative Personnel, effective January 1, 2018, in the form attached to M&C 2018-114. EXECUTIVE SUMMARY The City Of Saint John has six (6) employees, who are excluded in Appendix "B" of the CUPE Local 486 Collective Agreement. These employees are excluded from the bargaining unit based on "confidentiality" and the specific nature of their work. Their work is similar to that done by members of the Local 486 and it is appropriate to apply similar terms and conditions of employment where possible. Otherwise the Terms are similar to that of the anagement/Professional employee group. The last review and update to these terms was in April 2009 accordingly, updating is required. PREVIOUS RESOLUTION On April 27, 2009 the following resolution was adopted by Common Council: "That as recommended by the City Manager, Common Council approve the submitted Terms & Conditions of Employment for the City's Non -Union Administrative Personnel as presented. " 15 -2 - REPORT The City has six (6) positions that are classified as Non -Union Administrative. These positions have been excluded from the Inside Workers Union, CUPE Local 486, due to the confidential nature of the information they handle and/or the work responsibilities. The positions include two (2) Human Resource Administrators; one (1) Human Resource Generalist; two (2) Administrative Assistants, one (1) in Human Resources and one (1) in the City Solicitor office; and the Executive Assistant to the City Manager. It has long been established that the Non -Union Administrative Personnel follow the salary table and many provisions of the Local 486 Collective Agreement identified above. The attached Terms reflect updates to the following: • Vacation entitlement; • Vacation carry over limit to seventy (70) hours; • Floating holiday entitlement increase to fourteen (14) hours per year; • Addition of Statutory Holiday, Family Day; and • Family Care leave entitlement of thirty five (35) hours. Those entitlements, which cannot be aligned with the Inside Workers have been updated based on the January 1, 2017 Management/Professional Terms and Conditions of Employment. For example, Long Term Disability and Sick Leave benefits. Additional updates include: • Long Term Disability benefit details; • Elimination of the Paid Up Life Insurance policy upon retirement; • Updated wording to the Maternity and Parental leave benefits as per updated Employment Insurance requirements; and a • More detailed description of the Life Insurance benefits. STRATEGIC ALIGNMENT The Terms have not been reviewed or updated since April 2009. Best practice and evolving benefit, compensation and related Collective Agreements result in a needed update and review. SERVICE AND FINANCIAL OUTCOMES No additional costs are associated with the adoption of the attached Terms as it follows current practice. -3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input was received from the City Solicitor Office and Non -Union Personnel. ATTACHMENTS 1. Terms and Conditions of Employment for the City's Non -Union Administrative Personnel, effective January 1, 2018 17 City of Saint John iF:3 TERMS & CONDITIONS OF EMPLOYMENT Non -Union Administrative Personnel January 1, 2018 2018 Terms and Conditions of Employment - Non -Union Administrative Personnel CONTENTS INTRODUCTION........................................................................................................................................ 3 CORPORATEGOAL......................................................................................................................................... 3 OUR MISSION -WHY WE EXIST...................................................................................................................... 3 OUR VISION ~ WHAT WE WANT TO BE............................................................................................................. 3 OURVALUES ~ HOW WE DO IT....................................................................................................................... 3 EMPLOYER.................................................................................................................................................... 3 EFFECTIVEDATE......................................................................................................................................4 COVERAGE AND APPLICATION.................................................................................................................4 POLICYSTATEMENTS..............................................................................................................................5 ORGANIZATIONAL PERFORMANCE..................................................................................................................... 5 EMPLOYEE REMUNERATION............................................................................................................................. 5 EMPLOYEE DEVELOPMENT.............................................................................................................................. 5 EMPLOYEE WELLNESS AND PRODUCTIVITY........................................................................................................5 PARTONE: HOURS OF WORK..................................................................................................................6 REGULAR HOURS OF WORK............................................................................................................................ 6 OVERTIME..................................................................................................................................................... 6 PARTTWO: SALARIES.............................................................................................................................. 7 SALARIES...................................................................................................................................................... 7 INCREMENTAL INCREASES............................................................................................................................... 7 PROMOTIONAL AND ACTING PAY...................................................................................................................... 7 SERVICEPAY................................................................................................................................................. 7 RETIREMENTPAY........................................................................................................................................... 7 PART THREE: BENEFITS...........................................................................................................................8 ANNUAL VACATION......................................................................................................................................... 8 HOLIDAYS DURING VACATIONS........................................................................................................................ 9 STATUTORY, DESIGNATED AND PROCLAIMED HOLIDAYS...................................................................................... 9 FAMILYCARE LEAVE....................................................................................................................................... 9 City of Saint John 1 2018 iLoll Terms and Conditions of Employment - Non -Union Administrative Personnel HEALTHAND DENTAL..................................................................................................................................... 9 BASIC LIFE INSURANCE AND ACCIDENTAL DEATH & DISMEMBERMENT INSURANCE.................................................9 PAID UP LIFE INSURANCE POLICY...................................................................................................................10 OPTIONAL LIFE INSURANCE...........................................................................................................................10 VOLUNTARY ACCIDENTAL DEATH & DISMEMBERMENT......................................................................................10 EMPLOYEE AND FAMILY ASSISTANCE PROGRAM...............................................................................................10 PART FOUR: ABSENCES DUE TO SICKNESS, INJURY OR DISABILITY.....................................................10 SICKLEAVE DEFINED...................................................................................................................................10 SICKLEAVE BENEFITS..................................................................................................................................10 RETURNTO WORK.......................................................................................................................................11 LONG-TERM DISABILITY................................................................................................................................12 PART FIVE: LEAVES OF ABSENCE...........................................................................................................12 BEREAVEMENTLEAVE...................................................................................................................................12 EMERGENCYLEAVE......................................................................................................................................13 GENERALLEAVE..........................................................................................................................................13 SPECIALLEAVE............................................................................................................................................13 SELF-FUNDED LEAVE...................................................................................................................................13 COURTDUTY...............................................................................................................................................14 CHRISTMASLEAVE.......................................................................................................................................14 MATERNITYLEAVE.......................................................................................................................................14 PARENTALLEAVE.........................................................................................................................................15 PART SEVEN: GENERAL.........................................................................................................................16 PROBATIONARY PERIODS..............................................................................................................................16 WORKPLACE CONFLICT RESOLUTION PROCEDURE............................................................................................16 City of Saint John 2 2018 K91 Terms and Conditions of Employment - Non -Union Administrative Personnel INTRODUCTION This document sets out the terms and conditions of employment for Non -Union Administrative personnel employed by the City in full-time permanent positions. Clearly articulating Terms & Conditions of Employment represents best practice for any employment relationship. It is a foundational document that helps establish trust in the employment relationship. The City of Saint John Corporate Strategic Plan establishes the following goal: CORPORATE GOAL The City of Saint John is a great place to work, a people -focused organization that recognizes the value of individuals united in public service. Our commitment to public service is clearly articulated in our Mission, Vision & Values: OUR MISSION ~ WHY WE EXIST To serve our City with pride, to provide our citizens with quality service, and to contribute to the overall economic, social and environmental well-being of Saint John. OUR VISION ~ WHAT WE WANT TO BE We are energized, engaged people committed to working together to provide services that are responsive to Community needs and delivered in a sustainable, cost- effective way. OUR VALUES — HOW WE DO IT Commitment - fulfilling the expectations we create in our promises, both direct and implied. Integrity- conducting oneself honestly, fairly, respectfully and ethically. Responsibility - accepting accountability, expectations and values based decision- making. EMPLOYER The City of Saint John, hereinafter referred to as "The Employer", is a body corporate in the County of Saint John, in the Province of New Brunswick. City of Saint John 3 2018 21 Terms and Conditions of Employment - Non -Union Administrative Personnel EFFECTIVE DATE Effective January 1. 2018, these Terms and Conditions of Employment - Non -Union Administrative Personnel will supersede all previous versions and amendments of applicable Human Resource Policies. Human Resource Business Practices, approved by the City Manager, will be developed as needed to provide administrative direction associated with this document. These Terms & Conditions will be reviewed in conjunction with the negotiation of the collective agreement between the City of Saint John and C.U.P.E. Local 486 and updated as necessary. COVERAGE AND APPLICATION These Terms and Conditions of Employment apply to all full-time permanent Non - Union Administrative employees of the Employer. Within the document, the term "Supervisor" refers to the person who supervises the position, the supervisor in some cases may also be the manager; and the term "Manager" refers to the division level manager. Questions regarding the contents or administration of the Terms and Conditions of Employment - Non -Union Administrative Personnel may be directed to Director. Human Resources. The City Manager is responsible for maintenance of these Terms and Conditions of Employment with all amendments being subject to approval of Common Council. Managers and Supervisors are responsible for: - developing a sound working knowledge of this document and associated Business Practices, including revisions and additions; - making every effort to ensure that staff are aware of and understand applicable policies and practices; - applying policies and practices in an equitable and fair manner, utilizing sound judgment, and; - reporting as necessary the need for periodic revisions or additions. All City of Saint John employees have a responsibility to be familiar with the Municipality's policies and practices as they relate to their role and employment. City of Saint John 4 2018 WA Terms and Conditions of Employment - Non -Union Administrative Personnel POLICY STATEM ENTS These Terms and Conditions of Employment have been developed to provide clarity and direction with regards to the employment relationship between the Employer and its Non -Union Administrative personnel. The following policy statements have guided the preparation of this document. ORGANIZATIONAL PERFORMANCE The City of Saint John is committed to achieving excellence throughout its operations. To meet this objective, we will ensure our workforce is skilled and knowledgeable, consistently demonstrating commitment, integrity and responsibility in our service to the citizens of Saint John. EMPLOYEE REMUNERATION The City of Saint John recognizes the contributions and achievements of employees and provides a total compensation package, which is intended to achieve the following three objectives: 1. To attract, retain and motivate highly qualified employees. 2. To contribute to the recognition and reward of employees' individual performance. 3. To maintain a competitive compensation structure that compares favorably with others in the marketplace and can be supported by the financial position of the City. EMPLOYEE DEVELOPMENT The City of Saint John supports employee learning and development as a strategic opportunity to develop a qualified and motivated workforce. EMPLOYEE WELLNESS AND PRODUCTIVITY The City of Saint John promotes employee wellness that encourages a shared responsibility to develop and achieve personal and organizational goals. City of Saint John 5 2018 W Terms and Conditions of Employment - Non -Union Administrative Personnel PART ONE: HOURS OF WORK REGULAR HOURS OF WORK Employees covered by this document will work a maximum of 1820 regular hours in a calendar year. Employees will receive payment for regular hours on the basis of thirty-five (35) hours per week, fifty-two (5 2) weeks per year. The workweek will be Monday to Friday with hours of work being scheduled between 7:00 am and 7:00 pm. For all employees the maximum hours worked on a scheduled shift is ten and one half (10.5). Schedules will be provided and a minimum of two weeks' notice shall be given for a change in the schedule. The minimum notice may be less than two weeks if mutually agreed between the manager and the employee(s) affected by the change. OVERTIME Overtime shall be paid for at the rate of one and one half (11/2) times the regular rate of pay. When an employee is detained more than thirty minutes at the end of a working day, overtime worked shall be calculated from the end of the regular work day. If called back to work after proceeding home, time worked shall be calculated from the time of reporting to work to the termination of work, with a minimum of three hours. Overtime shall be authorized by the appropriate Manager prior to commencement. Overtime leave may be taken in lieu of payment for overtime by mutual agreement of the employee and employer. City of Saint John 6 2018 0&1 Terms and Conditions of Employment - Non -Union Administrative Personnel PART TWO: SALARIES SALARIES As per Salary Scales in the Collective Agreement between the City and COPE Local 486. INCREMENTAL INCREASES An employee shall be entitled to increments as follows: (a) 1/2 after six months of appointment. (b) an additional 1/2 on the first anniversary of appointment. (c) on the second anniversary, the maximum for the position. PROMOTIONAL AND ACTING PAY If a permanent employee substitutes in or is promoted to a position of higher classification and performs the duties of a higher classification as determined by the Department Head, they shall receive either the minimum rate of the higher group or the rate of a one year increment in their own group added to their normal rate of pay, whichever is greater. Acting Pay shall only be applicable when duties of the higher classification are performed for a minimum of half of a scheduled shift. Should an employee perform the duties of that higher classification for a period of six months they shall be entitled to an increment at the applicable rate. SERVICE PAY Consistent with the policy direction established by Common Council, service pay will continue to be paid only to permanent non-union administrative personnel employed on or before 1 June 1992. Non -Union Administrative Personnel hired after 1 June 1992 are not eligible for service pay. RETIREMENT PAY For those Non -Union Administrative Personnel who are eligible, upon retirement they will receive one month's pay for every five years of service or fraction thereof to a maximum of six months' pay. To qualify, an employee must have a minimum of five years continuous service with the Employer. The benefit shall not apply when an employee resigns from service or is dismissed for cause. The employee may request in writing a one -time -only payment in lieu of retirement pay at any time prior to retirement. Such payment shall be made in an amount as defined above, based on the date the request is made. To qualify, the employee City of Saint John 7 2018 Q1 Terms and Conditions of Employment - Non -Union Administrative Personnel must have a minimum of five (5) years continuous service. Upon such payment the employee would waive all entitlement to further retirement pay. Employees who are leaving the organization within ninety (90) days shall not be eligible for the retirement pay option outlined herein. Retirement pay will continue to be paid only to permanent Non -Union Administrative Personnel employed on or before March 23, 2009 and who have not chosen the opting out provision. PART THREE: BENEFITS ANNUAL VACATION An employee who has completed one (1) year of continuous service beyond the end of the period, for which they have been paid under the terms of the "Vacation Pay Act", shall be granted seventy (70) hours' vacation with pay. Other vacation entitlements shall be as follows: Upon completion of: a) 2 years' continuous service - 105 hours b) 7 years' continuous service - 140 hours c) 12 years' continuous service - 175 hours d) 20 years' continuous service - 210 hours e) 25 years' continuous service - 245 hours The number of employees on vacation at any one time shall be limited to a reasonable number at the discretion of the Manager concerned so as not to curtail or interfere with the operating efficiency of the Department. An employee may carry over into the following vacation year up to a maximum of seventy (70) hours. The vacation hours that are carried over must be used during the carry over year on mutually agreed upon dates. All employees are encouraged to schedule and take their vacation. Appropriate arrangements shall be agreed upon between the employees and the Employer for carry over in excess of seventy (70) hours for employees who have been on extended leave and were unable to use their vacation entitlement for bona fide reasons. In addition to the above vacation periods, each employee who has completed one year of continuous service shall be entitled to fourteen (14) hours as a floating holiday, to be taken at a mutually agreed time, each calendar year. City of Saint John 8 2018 41.1 Terms and Conditions of Employment - Non -Union Administrative Personnel HOLIDAYS DURING VACATIONS If a statutory, designated or proclaimed holiday falls or is observed during an employee's vacation period, they shall be granted an additional day's vacation for each such holiday in addition to their regular vacation time. STATUTORY, DESIGNATED AND PROCLAIMED HOLIDAYS Non -Union Administrative Personnel shall be entitled to Statutory, Designated and Proclaimed Holidays as follows: New Year's Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, New Brunswick Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day, and any other day proclaimed by the Federal, Provincial or Municipal Governments as a holiday. Non -Union Administrative personnel are entitled to statutory, designated and proclaimed holidays from the date of commencement of work with the City of Saint John. FAMILY CARE LEAVE Non -Union Administrative Personnel may use up to thirty five (35) hours per calendar year for family care leave. Such time can be taken without loss of pay to provide care during a family illness or to attend medical appointments with immediate family members. HEALTH AND DENTAL All Non Union employees as well as their spouses and dependent children are eligible to participate in the Group Plan. Participation in the plan is mandatory for all employees hired after May 1, 2009. The costs of the program are shared at 75% from the Employer and 25% from employees. BASIC LIFE INSURANCE AND ACCIDENTAL DEATH & DISMEMBERMENT INSURANCE Basic Life Insurance, including Accidental Death and Dismemberment (AD&D) Insurance are mandatory benefits for all permanent Non Union employees. The Employer agrees to contribute seventy five (75%) percent of the cost of premiums with employees being responsible for the remaining twenty five (25%) percent of premiums. Earnings are defined as the rate of regular salary received. The total benefit for Basic Life Insurance is eaual to three hundred (300%) percent of annual earnings rounded to the next higher multiple of one thousand ($1000) dollars to a maximum of five hundred thousand ($500,000). The benefit for AD&D is also eaual to three hundred percent (300%) of annual earnings. City of Saint John 9 2018 WA Terms and Conditions of Employment - Non -Union Administrative Personnel PAID UP LIFE INSURANCE POLICY In lieu of a five thousand ($5,000) paid up life insurance policy upon retirement, all permanent Non Union employees who were employed by the City of Saint John on or prior to January 1, 2018 will receive a one-time payment of two thousand dollars ($2000) effective their actual date of retirement pursuant to the terms of the Employer's Shared Risk Plan. Individuals hired after January 1, 2018 will not be entitled to the life insurance policy or the one-time payment upon retirement. OPTIONAL LIFE INSURANCE Optional Life Insurance, through the City's insurance provider, is not a mandatory benefit. It is, however, available for purchase for employees, their spouses and dependants through the Group Insurance provider. Employees are responsible for 100% of the premium. The premium rates for Optional Life Insurance are currently based on factors which include your agre, sex and smoker/non-smoker status and the City's overall Group Life Plan experience. VOLUNTARY ACCIDENTAL DEATH & DISMEMBERMENT Voluntary AD&D is available for employees, their spouses and dependants. Employees are responsible for 100% of the premium. EMPLOYEE AND FAMILY ASSISTANCE PROGRAM The Employee & Family Assistance Program (EFAP) is a service that provides confidential, professional assistance to employees and their family members to resolve problems that affect their personal lives and in some cases job performance. The EFAP is provided at no cost to employees or immediate family members subject to certain exceptions that are detailed in a separate Business Practice. PART FOUR: ABSENCES DUE TO SICKNESS, INJURY OR DISABILITY SICK LEAVE DEFINED Sick Leave means the period of time an employee is absent from work by virtue of being sick or disabled, or under examination or treatment of a physician, chiropractor, or dentist or because of an accident for which compensation is not payable under the Workers' Compensation Act. Every employee shall be entitled up to ten and one half (10.5) hours per year for routine examinations or visits to physicians, chiropractors, or dentists. SICK LEAVE BENEFITS City of Saint John 10 2018 4.11 Terms and Conditions of Employment - Non -Union Administrative Personnel The City of Saint John will continue to pay the salary of employees for a period of six (6) months while on sick leave, provided the employee meets their obligation to the employer with respect to the Return to Work Program. All absences of ten continuous working days or greater will be referred to a third party Occupational Medical Advisor (OMA) or Medical Doctor in order to be considered for ongoing Sick Leave Benefits. Also, if an employee has accumulated 10 days of sick leave within a calendar year the City of Saint John has the right to request medical evidence at any time in order for the employee to be considered for ongoing Sick Leave Benefits. Employees off work due to illness or injury will continue to earn a vacation entitlement for absences up to six (6) months in duration. RETURN TO WORK A Return -to -Work team shall be established to work with the employee in circumstances where a Return -to -Work plan is required. The team shall include the employee, a person designated by the Employee (optional) and a person designated by the Department Head, and will be administered by a Case Manager (from Human Resources staff). The City will appoint an OMA to objectively assess medical information to make recommendations for design of individual return -to -work plans, and to act as a liaison with the employee's attending physician to understand relevant restrictions or limitations. The OMA shall be knowledgeable of the Employer's and the Employee's obligations and responsibilities concerning accommodation and return -to -work, as well as the various agencies and professionals available to assist in the return -to - work process. The involvement of an OMA is aimed at the individual's prognosis and assisting in determining steps that need to be taken to facilitate a timely return to work. The focus during this process will be on working with the individual employee directly or through their doctors to ensure a timely return to work. Using a case management approach the OMA will provide the following: identification of functional abilities determination of whether a disability exists determination of anticipated duration of illness or disability identification of work accommodations that might promote an earlier return to work City of Saint John 11 2018 Wel Terms and Conditions of Employment - Non -Union Administrative Personnel All costs associated with the OMA service including any fees associated with medical advice required by the service will be paid for by the Employer. LONG-TERM DISABILITY The City of Saint John shall maintain an insured Long -Term Disability Plan which provides: - a benefit amount eaual to 70% of monthly earnings for a period of up to two years where an individual is unable to return to their own occupation due to illness or disability. - payment equal to 70% of salary until agre 65 where an individual is unable to return to any occupation. A aualifving period of six (6) months. The EmDIover will continue to pay sick benefits for the duration of the qualifying period provided that the employee fully participates in the established Return to Work process including following the treatment and recommendations provided by the OMA and Rehab providers. Employees who have been absent from work for a period of ninety days (90) shall complete the reauired application for Long Term Disability. Adiudication and administration of all claims under this Policy will be the responsibility of the insurance provider. PART FIVE: LEAVES OF ABSENCE BEREAVEMENT LEAVE For purposes of clarification, bereavement leave shall be defined as an approved leave of absence from work for a specified period without loss of pay, seniority or other benefits for the purpose of making funeral arrangements and/or attending the funeral of a deceased member of the employee's immediate family. Additional time may be provided in each of circumstances noted below, at the discretion of the Department Head. In the event of the death of an employee's father, mother, spouse, son, daughter, brother, sister, father-in-law, mother-in-law or legal guardian up to a maximum of three consecutive shifts shall be granted, one of which shifts shall be on the day of the funeral and to the extent that any or all of these are scheduled shifts. In the event of the death of an employee's grandparents, sister-in-law, brother-in-law, or child of a brother or sister, an employee shall be entitled to two shifts off with pay. City of Saint John 12 2018 091 Terms and Conditions of Employment - Non -Union Administrative Personnel One full shift of leave shall be granted without loss of salary or wages to attend a funeral as an active pallbearer. EMERGENCY LEAVE An employee may be granted up to five (5) shifts off without loss of pay, in the event they are left homeless due to fire, flood, or any act of God, subject to the approval of the Manager concerned. GENERAL LEAVE Once, every five (5) years, the Employer shall grant leave of absence without pay to a maximum of twelve (12) months to any employee requesting such leave for good and sufficient cause. The employer may grant additional absences. Such requests shall be made in writing by the employee and submitted to the appropriate Manager. If the Manager refuses to grant such leave of absence; the employee may appeal such decision to the City Manager. Upon approval by the City Manager, such leave of absence shall be granted. SPECIAL LEAVE Up to five (5) weeks unpaid leave of absence shall be granted at the employee's request once every four (4) years, providing the employee has completed at least four (4) years' continuous service to earn entitlement. Such special leave shall be taken at a mutually agreed upon time. Such request shall be made in writing by the employee to the department head not later than two (2) months prior to commencement of the leave. Time off with pay shall be granted for the following: Employee's Marriage - one (1) day Birth of Child - one (1) day Adoption of Child - one (1) day SELF-FUNDED LEAVE The City recognizes the potential of self-funded leave to help achieve employee and organizational goals. The purpose of this article is to provide an opportunity for self funded leave, once every five years, for a period of not less than five weeks and up to and including one year. The City of Saint John will hold a portion of an employee's salary for a specified period of time and then allow the employee to take off the requested time with pay equivalent to the amount withheld. This leave would allow an employee to continue receiving a salary. The salary that an employee would have City of Saint John 13 2018 31 Terms and Conditions of Employment - Non -Union Administrative Personnel received during this period, minus the leave without pay, is spread out or averaged over a reasonable amount of time. An employee who is interested in this program shall apply in writing, a minimum of six months in advance (unless mutually agreed) to their department head. If the department head refuses to grant the leave, then the employee may apply directly to the City Manager or his designate. Once a request is approved then the department head must notify Human Resources. Human Resources will make arrangements to initiate this request. On return from the leave, the employee shall be placed in their former position. If the former position no longer exists, they shall be placed in position of equivalent responsibility and remuneration. COURT DUTY When an employee is on jury duty or called as a witness in City related court proceedings, they shall receive full pay at the prevailing rates. Any monies received by the employee, for said matters in lieu of weekly pay, shall be paid to the City of Saint John. CHRISTMAS LEAVE An employee may request an unpaid leave absence, hereinafter referred to as Christmas Leave, between December 20 and January 7 of each year. Interested employees shall make a request for Christmas Leave, in writing, to the Manager responsible. The number of employees on Christmas Leave shall be limited to a reasonable number at the discretion of the Manager responsible. Christmas Leave may be taken without immediate loss of income. Deductions for Christmas Leave shall be made at the rate of not less than one day per month beginning in January; i.e., deductions for Christmas Leave would commence in January of the following year. MATERNITY LEAVE Maternity Leave shall cover a period of 16 weeks. An employee who resigns for maternity reasons shall be considered as having been on leave without pay if she is re-employed within six (6) months of the date of her resignation. Supplementary Unemployment Benefit Plan a) This plan is conditional upon the approval and continued approval of the Federal Government. City of Saint John 14 2018 W Terms and Conditions of Employment - Non -Union Administrative Personnel b) An employee who provides proof that she has applied for and is eligible to receive Employment Insurance Benefits pursuant to the Employment Insurance Act, shall be eligible to be paid a maternity leave allowance in accordance with the Supplementary Unemployment Benefit Plan for a period not to exceed sixteen (16) continuous weeks inclusive of the one (1) week waiting period for Employment Insurance benefits. c) In respect of the period of maternity leave, payments made according to the Supplementary Unemployment Benefit Plan will consist of payments equal to the difference between the Employment Insurance benefits the employee is eligible to receive and ninety percent (90%) of her regular rate of pay at the time maternity leave commences, less any other monies received during the period which may result in a decrease in employment insurance benefits to which the employee would have been eligible if no extra monies had been received during this period. d) Regular rate of pay shall mean the rate of pay the employee was receiving at the time maternity leave commences, but does not include: overtime, or any other form of supplementary compensation. During the period of maternity leave, if permissible under the relevant plan, the Employer shall continue to pay its share of Pension, Health & Dental and Group Life Insurance. The employee also agrees to pay her share. When an employee decides to return to work after maternity leave, she shall provide the employer with at least two (2) weeks notice. On return from maternity leave, the employee shall be placed in her former position or if that position no longer exists one of equivalent stature within the organization. Employees shall be permitted to accumulate vacation credits while on maternity leave. PARENTAL LEAVE Parental leave shall be unpaid and cover a period of up to thirty-five (35) weeks after the birth of a child or adoption of a child under the age of nineteen. Employees will be entitled to one week payment at ninety (90%) percent of wages the last week of Parental Leave. During the period of parental leave, if permissible under the relevant plan, the Employer shall continue to pay its share of Pension, Health & Dental and Group Life Insurance should the employee agrees to pay his/her share. When an employee decides to return to work after parental leave, he/she shall provide the employer with at least two (2) weeks notice. On return from parental City of Saint John 15 2018 091 Terms and Conditions of Employment - Non -Union Administrative Personnel leave, the employee shall be placed in his/her former position or if that position no longer exists one of equivalent stature within the organization. Employees shall accumulate vacation credits for a maximum of six (6) months total including Maternity and Parental Leave. PART SEVEN: GENERAL PROBATIONARY PERIODS All newly hired employees must serve a probationary period of 12 months from the date of appointment. During such period the Employer shall evaluate the suitability of the employee for continued employment. Upon successful completion of the probationary period, the employee shall be confirmed in the position. WORKPLACE CONFLICT RESOLUTION PROCEDURE Workplace conflicts are to be resolved quickly, in an orderly fashion with the least possible anxiety for all concerned. The Employer is committed to the development and maintenance of a conflict resolution procedure whereby employees can bring matters of concern to their supervisor; ensure fair and equitable treatment for all employees; eliminate dissatisfaction, and resolve problems so that constructive workplace relationships are established and retained. City of Saint John 16 2018 COUNCIL REPORT M&C No. 2018-113 Report Date April 12, 2018 Meeting Date April 23, 2018 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Proposal for CCTV Video Inspection OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Kendall Mason/Jason Leclerc Brent McGovern Jeff Trail RECOMMENDATION It is recommended that the standing offer agreement for the supply of closed circuit television (CCTV) video inspection and associated work be awarded to Industrial Hydro -Vac NB Limited for 2018 with an option to extend for years two through five. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval for the award of the supply of CCTV video inspection and associated work to support advancement of the City's asset management program and sewer maintenance program. This initiative was approved as part of the 2018 budget process for both the 2018 Water and Sewerage Utility Fund and the General Fund. Continuing this sewer asset management and maintenance program supports the sustainable management of storm and sanitary sewer infrastructure along with greatly improving the accuracy and completeness of the asset management data. PREVIOUS RESOLUTION Not applicable W -2 - STRATEGIC ALIGNMENT Valued Service Delivery — Saint John invests in sustainable City services and municipal infrastructure. The award of the standing offer agreement for CCTV video inspection and associated work supports Council's Priorities, reinforces the principles of PlanSJ and is key to the development of an integrated sewer asset management plan that will allow for better decision making and the prioritization of investments. REPORT A sewer asset management and maintenance program will support the sustainable management of Saint John storm and sanitary sewer infrastructure and it will greatly improve the accuracy and completeness of the asset management data, a recommendation recently made to the Finance Committee. A key aspect of this management and maintenance program is the ongoing inspection of sewer assets providing Saint John Water with a clear understanding of asset condition. The City currently has approximately 650,OOOm (650km) of storm, sanitary, and combined sewers. A reasonable time frame for inspection of these sewers would be every ten years, resulting in a need to inspect 65,OOOm (65km) every year through video inspection. The video inspection and associated works allows the collection of the following asset condition assessment information: Information Resulting Action Sustainable Benefits Sewers with minor Suitable for trenchless -Repair has a reduced defects repair by Saint John cost over traditional Water Staff construction methods (avoiding open cut street excavation) and limited disruption to the public. -Asset life extended Sewers with sediment Suitable for flushing -Reduces the risk of buildup or physical maintenance sewer backups and obstructions emergency call -ins Sewers with roots and Suitable for root cutting -Reduces the risk of root balls obstructing sewer backups and flow emergency call -ins -Asset life extended Sewers with large Suitable for trenchless -Increases the capacity of amounts of inflow and spot repairs or full sewer the sewer allowing for infiltration rehabilitation further development without system 01.1 -3 - As noted in the table above, the CCTV video inspection provides a means for collecting valuable condition assessment information used to determine the most suitable and cost effective repair method or action required. All of the actions above result in either an extended asset life, the prevention of serious sudden sewer failures or backups and the prioritization of the project on the capital program which will represent cost savings to the ratepayers of Saint John Water and the taxpayers of the City of Saint John, while at the same time improving the level of service. All video inspections will be provided to the City in an electronic format, easily stored and accessed utilizing the City's existing CCTV software for future reference. While the City has some CCTV video equipment, that equipment is used in the trenchless sewer main repair program, where repairs are completed with Saint John Water resources on the sewer main without requiring an excavation. Saint John Water Staff utilize the video equipment to locate the area for repair and then to inspect the repair once completed. This repair process allows Saint John Water to effectively improve and extend the life of the sewer assets at a lower monetary cost and reduced disruption to the public. Kul expansion or upgrades -Reduces pumping and treatment costs and maintenance -Asset life extended Sewers with multiple Suitable for sewer -Repair has a reduced minor defects or major rehabilitation by cost over traditional defects trenchless technology construction methods as it avoids the traditional approach of street excavation and assures limited disruption to the public. -Asset life extended Sewers beyond repair Requires full -Recommendations made replacement to add the sewer to the capital funding program for full replacement -Full condition assessment allows for prioritization within the capital program. As noted in the table above, the CCTV video inspection provides a means for collecting valuable condition assessment information used to determine the most suitable and cost effective repair method or action required. All of the actions above result in either an extended asset life, the prevention of serious sudden sewer failures or backups and the prioritization of the project on the capital program which will represent cost savings to the ratepayers of Saint John Water and the taxpayers of the City of Saint John, while at the same time improving the level of service. All video inspections will be provided to the City in an electronic format, easily stored and accessed utilizing the City's existing CCTV software for future reference. While the City has some CCTV video equipment, that equipment is used in the trenchless sewer main repair program, where repairs are completed with Saint John Water resources on the sewer main without requiring an excavation. Saint John Water Staff utilize the video equipment to locate the area for repair and then to inspect the repair once completed. This repair process allows Saint John Water to effectively improve and extend the life of the sewer assets at a lower monetary cost and reduced disruption to the public. Kul -4 - SERVICE AND FINANCIAL OUTCOMES Transportation and Environment Services will also be utilizing this standing offer to complete condition assessments of the storm sewer infrastructure. Transportation and Environment Services have allocated approximately $65,000 in funds for this work in 2018 and Saint John Water has allocated approximately $150,000 in the 2018 Utility Fund. The total estimated cost of this one year standing offer agreement will be approximately $245,175.00 plus HST, which will be managed within the 2018 approved budgets. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Materials Management: Materials Management facilitated the Request for Proposal (RFP) process to solicit proposals for CCTV Video Inspection. As such the RFP closed on Monday, March 26, 2018 with the following companies responding by submitting proposals: FERO Waste and Recycling Inc. O/A Ready John Environmental Saint John, N.B. Industrial Hydro -Vac NB Limited Moncton, N.B. Envirosystems Inc. Dartmouth, N.S. Aone Pumping Services Ltd. Saint John, N.B. Trenchless Solutions Inc. Moncton, N.B. A review committee, consisting of staff from Materials Management and Saint John Water reviewed the submission for completeness and compliance with the RFP requirements and selection criteria consisting of the following: 1. Quality and Completeness 2. Proponent's Experience 3. Experience and Qualification of Key Personnel 4. Equipment 5. Cost The proposal submitted by Industrial Hydro -Vac NB Limited was ranked highest by the evaluation committee and met all the requirements set forth in the RFP. The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. M-11 -5 - Transportation and Environment Services: Transportation and Environment Services have been involved in this initiative, have budgeted the funds and are supportive of the recommendation in this report. Risk Management: The City currently has immunity from backups or issues relating to storm, sewer water and water systems through provisions in the Local Governance Act S. 177. Those provisions provide that the City would not be responsible in the case of nuisance, meaning simply providing the service or owning the infrastructure does not necessarily make the City responsible when the system may fail unless the City did something wrong to cause damages to others. Having said that, there have been cases when the courts have decided that if a City does not have a reasonable system of reporting, inspection and maintenance they have been found liable for damages to private property by essential "ignoring" potential issues. In simple terms, we must have ongoing preventative maintenance systems in place to proactively manage the water and sewer systems but also to be able to demonstrate when there is a leak or backup situation that the system is being managed. The court system will look for a reasonable prevention system and re- occurring inspections based on reasonable criteria to allow the City to exercise the immunity provided for in the Local Governance Act. ATTACHMENTS No Attachments Wel COUNCIL REPORT M&C No. 2018-119 Report Date April 16, 2018 Meeting Date April 23, 2018 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Cleanup of Unsightly Properties at Various Locations OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Christopher McKiel Jacqueline Hamilton /Amy Poffenroth Jeff Trail RECOMMENDATION Your City Manager recommends that Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, to arrange for the cleanup of the following unsightly properties: 1. 2 & 4 Wellesley Avenue, PID# 00371310; 2. 15 Milford Road, PID# 55189419; 3. 16 & 18 Milford Road, PID# 55097406; EXECUTIVE SUMMARY As a result of a recommendation from the Growth Committee, Growth and Community Development Services has implemented a Community Standards pilot program to focus on issues that directly impact the aesthetics, enjoyment and pride of a neighbourhood, including unsightly premises, zoning by-law issues and general upkeep of properties. As part of this program it is sometimes necessary to issue Notices to Comply in cases where owners do not voluntarily remedy the conditions on their property. The unsightly conditions outlined in the attached Notices have not been remedied within the required time frame. Pursuant to the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, Staff is looking for authorization from Council to arrange for the cleanup of the aforementioned properties. -2 - PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT This report aligns with Council's Vibrant, Safe City priority. REPORT As part of the Community Standards pilot program, Growth and Community Development Services has focused on issues that directly impact the aesthetics, enjoyment and pride of a neighbourhood, including unsightly premises. This involves working closely with property owners to achieve voluntary compliance wherever possible. When voluntary compliance cannot be achieved, it is necessary to issue a formal Notice to Comply. Properties requiring further Enforcement Action Notices to Comply have been issued for the following properties after efforts to gain voluntary compliance did not come to fruition. Some of these properties are in close proximity or have multiple civic addresses that span across multiple PIDs. For convenience, a Site ID Letter has been assigned to each of these related groups of properties which correspond to the attached photos. 2 & 4 Wellesley Avenue 04371310 February 161 12018 A 15 Milford Road 55189419 February 20t , 2018 B 16 & 18 Milford Road 55097406 February 201", 2018 C SERVICE AND FINANCIAL OUTCOMES As is written in the Local Governance Act that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior to starting cleanup activities at these properties. Where possible, staff will use internal resources for the cleanup of unsightly properties and the cost will be billed to the property owners. If the use of internal resources is not possible, staff will seek competitive bidding in HI -3 - accordance with the City's purchasing policy and the cost of the work will be billed to the property owners. If the bill is left unpaid, it will be submitted to the Province with a request for reimbursement. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Solicitor's Office provided ownership verification by obtaining the Certificate of Registered Ownership for the properties. Additionally, the City Solicitor's Office registered the Notices to Comply with Service New Brunswick's Land Registry. ATTACHMENTS Notices to Comply and Inspection Reports Affidavits of Service - Notices to Comply Aerial Photos of Properties Photos :1 FORM I NOTICE TO COMPLY -0?1 �ml Elm majul K Parcel Identifier: 00371310 ru"�� AVIS DE CONFORMIA "Loi sur les municipalitis, L.R.N.-B. de 197 ch. M-22, par. 190.01(3)) i Numiro d'identification de la parcelle : 00371310 Address: 2-4 Wellesley Avenue, Saint John, New Adresse: 2-4 avenue Wellesley, Saint John, Nouveau - Brunswick Brunswick Name: Keating, Matthew Brian Address: 4 Wellesley Avenue, Saint John, New Brunswick, E2K 2T9 MUMMMEMEM By-law contravened: Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, By- law Number M-30 and amendments thereto (the "By- law"). Provision(s) contravened: Paragraph 190.01 (1) of th�., Municipalities 4ct, and amendments thereto. Description of condn(s): The conditions of 's of premises are not in compliance with the standar t provided for pursuant to the By-law. The conditions the premise are described in Schedule "A", jannex x hereto, a true copy of the Inspection Report dat I ,a N Mark 01:1 c M I I Remedy or remedies required: The owner is to remedy the conditions by complying with the requireli im r, 4;j ,L,f42#_x61 Bv-law. Propriitaire(s) ou occupant(s) : Nom : Keating, Matthew Brian Adresse: 4 avenue Wellesley, Saint John, Nouveau - Brunswick, E2K 2T9 U Arr6ti enfreint : Arr6tj concernant les b6timents et structures incsth&iFxcx_�*u L'yngereux-dems the Cig)­-f Saint John, Arr&6 numdro M-30, ainsi que les modifications aff6rentes (1' <( Arr&6 ))). Disposition(s) enfreinte(s) : Le p, .g190.01(l) de la Loi sur les municipalit6s, ainsi que les modifications aff6rentes. pr6vus dans I'Arr&6. Les conditions des lieux sont d6crites d I'annexe "A" ci-joint, une copic conforme du rapport d'inspection en date du 11 decembre, 2017 sign6 par Mark O'Leary, un agente des normes. INIesure(s) i prendre : Le propri6taire doit restaurer du rapport d'inspection susmentionn6 et d'amener les lieux en conformitds avec I'Arr&6. Date i laquelle la on les mesures doivent ftvc prisesi : Within 30 days of being served with the Notice to Dans les 30 jours qui suivent la signification de l'avis Comply. de conformit6. Date by which notice may be appealed: Within 14 days of being served with the Notice to Comply. Process to appeal: The owner may, within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall — 8th Floor, 15 Market Square, Saint John, New Brunswick, E21, 4L L Dans les 14 ours qui suivent la notification de l'avis de confonnit6. Processus d'appel : Le propri6taire peut dans les 14 jours qui suivent la notification de I'avis de conformit6, envoy6 un avis d'appel par cout-rier recommandd A la greffi6re communale de la municipalit6, a The City of Saint John, tdifice de I'h6tel de ville, 8' 6tage, 15 Market Square, Saint John, Nouveau -Brunswick, E21, 4LI. under section 190.011 of the said Act, commits an offence that is punishable under Part 11 of the Provincial Qffences Procedure Act as . category F offence. Municipality's I t undertake repairsf II 1 Paragraph of /: Noticelities A I• ComvLy has been +4444 I sectionll' of R Act and the ownerI deemed confirmed or as confirmed or modified by committee of council or a judge under section 190.0 of r Act within the time set • in the Notice• Comply, the municipality. . •. the premises # becomes a debt due to the municipality. I UT P4 s •• - The City of Saint John 15 Market Square, City Hall Building, 10'h Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: 506-658 2911, F lecopien 506-632 6199 Email: t n.a.rk„o'learv0)sa.intj Notes: 1. All appropriate permits must be obtained and all relevant legislation must be complied with in the course of carrying out the required remedial action. 2. Payment of the fine does not alleviate the obligation to comply with the by-law, standard or notice to comply. 3. Costs become a debt due to the municipality and may be added to the joint municipal and provincial Real Property Assessment and Tax Notice. notifi& aux termes de190.011 a R • infraction qui estpunissable en vertu I•, la Partie II 1' la Loi,Proc4� bLrca.-uplicable aux Winfraction de la classe F. Pouvoir de la municipalit6 d'entreprendre riparations on 1'.” prendre les tl' Conform6ment au 1.....g . 190.04(l) aux termes • 190.011 • ' laditeque le 1:11 1u ]'occupant ne se conformei. avis de conformit6 dans#. par un comitd du conscilou par un juge _ vertu • 190.021.1 loi, la municipalit6peut de cet occupant • compris toute redevance ou tout#• it • 1aIe la municipalit6. Coordonnees de la representante municipale : • "Jill Adressepostale D6partement aux services d'inspection et des batiments The City of Saint John 15 Market Square, Edifice de 1'®tel de ville, 10' stage, Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L 1 61 oIne: 506-651-6864 •p-ur: 506-632-6199 •el. rfl?r• saintJO 1ca Notes 1. Taus les permis prescrits doivent etre obtenus et toute la legislation pertinente doit etre respectde, pendant I'exdcution de la mesure de recours. 2. Le paiement de I'aende n'annule pas 1'obligation de respecter 1'arret6, la norme on 1'avis de conformitd. 3. Les cofits deviennent une dette envers la municipalitd et peuvent etre ajoutds a I'avis d'dvaluation et d'impot foncier municipal et provincial. Inspection Date: November 17, 2017 Inspector: Mark O'Leary Property Address: 2-4 Wellesley Avenue, Saint John, NB PID: 00371310 At an inspection of the above property on November 17, 2017, violations of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law were noted. The By-law adopts sections 190.001(l) to 190.07 of the Municipalities Act. The Municipalities Act Section 190.01(1) states "No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises: (a) Any ashes, junk, rubbish or refuse, (b) An accumulation of wood shavings, paper, sawdust or other residue of production or construction, (c) A derelict vehicle, equipment or machinery or the body or any part of a vehicle, equipment or 7"M 2NIM rubbish or refuse, (b) An accumulation of residue of production or construction, (c) A derelict vehicle or the body or part of a vehicle. liy• 1,70T,= There are several items on the subject property which are considered unsightly. There are concrete blocks, garbage bags, old flue pipe, shovels, office chairs, motorcycle body parts, electrical wire, appliances, old dimensional lumber, wooden shelf units, old tires, plastic bins, plastic pails, window screens, a medicine cabinet, ladders, a barbeque, toys, a hand cart, bicycles, a sofa under a tarp, window blinds, a futon frame, �a white Grumman cube van that has an expired inspection and no license plates, plywood, a partially dismantled Suzuki motorcycle not currently licensed as well a-, rubbish and refuse spread out around the property. The property is in an unsightly condition and i(-, not in compliance with the By-lami. Required remedies: All the items listed must be removed and properly disposed of at an appropriate landfill site. �11 Alternatively, should t1h6se items remain on the premise for storage, they must be stored in a garage or shed, sufficient in' size so as to hold the items and provide full enclosure. The unsightly citions at the premise must be remedied and the property brought into compliance with the Bv-lak tld'_ 00 oil, .............. . . . .............................. Date . ............... FORM I NOTICE TO COMPLY "Municipalities Act, R.S.N.B. 1973. c.M-22, s.190.01(3)) Parcel Identifier: 55189419 I 12�� =01 Name: Sonier, Robin Ann Address: 15 Milford Road, Saint John, New Brunswick, E2M 4R2 Z=��=EMZKMEE� By-law contravened: Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, By- law Number M-30 and amendments thereto (the laV). Provision(s) contravened: Paragraph 190.01(l) of th��. Municipalities Act, and amendments thereto. Description of condition(s): The conditions of th3 premises are not in compliance with the sitandarl provided for pursuant to the By-law. The conditions the premise are described in Schedule "A", annex hereto, a true copy of the Inspection Report dat December 22, 2017 signed by Mark O'Leary, Stan Officer. I Remedy or remedies required: The owner is to remedy the conditions by complying with the requirei i -it* c*mDliance with the By-law. I FORMULE 1 AVIS DE CONFORMITt (Loi sur les municipalitis, L.R.N.-B. de 197 ch. M-22, par. 190.01(3)) Numkro d'identification de la parcelle : 55189419 Adresse: 15 chemin Milford, Saint John, Nouveau - Brunswick Propriktaire(s) on occupant(s) : Nom. : Sonier, Robin Ann Adresse : 15 chemin Milford, Saint John, Nouveau - Brunswick, E2M 4R2 Or= li�illillill'sil IME =-1. I ♦ . I Arr&6 enfreint : Arr6tj concernant les bdtiments et Saint John, Arr&6 1um6ro M-30, ainsi que les modifications aff6rentes (1' <( Arr&6 ))). Disposition(s) enfreinte(s) : Le paragraphe 190.01(l) de la Loi sur les municipalit6s, ainsi que les modifications aff6rentes. I M, 1" I I pr6vus dans I'Arr&6. Les conditions des lieux sont d6crites A I'annexe "A" ci-joint, une copie conforme du rapport d'inspection en date du 22 decembre, 2017 sign6 par Mark O'Leary, un agente des normes. IvIesure(s) it prendre : Le propri6taire doit restaurer les c,*A4iti*,2,.s e -A se c,*%f#jm&?at 9 -v -x du r,?Vpw-1_iV-wj_q,,ection susmentionn6 et d'amener les lieux en c1nformit6s avec I'Arr&6. I -Cate A laquelle la ou les mesures doivent 6tre prisesi -. Within 30 days of being served with the Notice to Dans les 30 jours qui suivent la signification de Favis Comply. de conforn-At6. Date by which notice may be appealed: Within 14 days of being served with the Notice to comply. Process to appeal: The owner may, within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall — 8"' Floor, 15 Market Square, Saint John, New Brunswick, E21, 4LI. ip;ansiesi4joursquiSUIVCIILtdllULII14;UL 11 de confarmit& Trocessus d'appel : Le pr�Z`_�, �L_11_ jours qui suivent ]a notification de I'avis de conformit6, envoy6 un avis d'appel par courrier recommand6 h la greffi6re communale de la municipalit6, �i The City of Saint John, Pdifice de I'h6tel de ville, 8' 6tage, 15 Market Square, Saint J1hn, Nouveau -Brunswick, E21, 4:I. ce that is yunishable under Part 11 of the Provincial Offences Procedure Act as a category F offence. 1UY I320MI ITIMMMErmV rg--tfll I 1A I VL4 _Mj=11W1V W§f A@01 nalffillWJ51 J Y mmzgffa� states Mat it a IPDXIU, 'I I Mpff?""Mm section 190.011 of the said Act and the owner or nvmw�, deemed confirmed or as confirmed or modified by a committee of council or a judge under section 190.021 of the said Act within the time set out in the Notice to Comply, the municipality may, cause the premises of that owner or occuoier to be cleaned up or repaired and IS becomes a debt due to the municipality. 4 Mf � • !' 11 zli�111111 iiiiii PRO' or=, ini tilIC-11 III IF�� The City of Saint John 15 Market Square, City all Building, 10'b Floor P. 0. Box 1971 Saint John, New Brunswick E2L 4L1 TLelephone: 506-658�-2911 0� Telecopier: 506-632- _ 6 19 _�! 9, 928MIZ=6 on Notes: 1. All appropriate permits must be obtained and all relevant with in the course of ngr out the required remedial action. 2. Payment of the fine does not alleviate the obligation to comply with the by4aw, standard or notice to comply. 3. C*sts become a debt due to the municipality andd may be added to commet une infraction qui est punissable en vertu de la Partie 11 de la Loi sur la prom6dure applicable aux inifractio,zv rtroviiiciales A titre d'infraction de la classe ouvoir de In municipaliti d'entreprendre les reparations ou de prendre les mesureS3 : Conform6ment au •. .• 190.04(l) de la Loi sur les municipalit6s, si un avis de confonnit6 a W notifi6 aux tertnes de I'article 190.011 de ladite loi et, que le 1ropri6taire ou l'occupant ne se conforme pas d cet avis de conformit6 dans le 16lai imparti et tel qu'il est r6put6 confirm6 ou tel qu'il est confirmd ou modifi6 par un comit6 du conseil ou par un juge en vertu de ]'article 190.021 de ladite loi, In municipalit6 peut de cet occupant et les frais relatifs A 1'ex6cution de ces tra-vaux, y compris toute redevance ou tout droit aff6rent, sont A la charge du propri6taire ou de l'occupant et devierment une cr6ance de la municipalit6. MEM =I • .Mlr 0q- Wil •I , -=11F 11 1 111113911TTIT . Coordonnies de In repr6sentante municipale : D6partement aux services d'inspection et des bAtiments The City of Saint John 15 Market Square, fdifice de Ph6tel de ville, 10' 6tage, Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L1 T616phone: 506-651-6864 T616copieur: 506-632-6199 r# rk, kt 1A." W W #1 jag. A otes : 1. Tous les permis prescrits doivent 6tre obterms ct toute ]a l6gi6tativii ?�e�iAcate,,Iqit 6tre respect6e, )[ead 2at l',.-x6cuti*X -le k mesure de recours. 2. Le paiement de I'amende Wannule pas Pobligation de respecter t'arr&6, la norme ou 1'avis de conformit6. -LJ.,��v—,�.Qlts�nn�entune d�etteenvers ers�m municin i ' �etqeuvvnt 8tre ajout&s A l'avis d'dvaluation et Wimp& foncier municipal et provincial. M $,I IVB *1#T1m4W11 Inspection Date: December 4, 2017 Inspector: Mark O'Leary Property Address: 15 Milford Road, Saint John, NB PID: 55189419 At an inspection of the above property on D- •- 2017, violations of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law were noted. The By-law adopts sections 190.001(l) to 190.07 of the Municipalities Act. The Municipalities Act Section 190.01(l) states "No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises: (a) Any ashes, junk, rubbish or refuse, (b) An accumulation of wood shavings, paper, sawdust or other residue of production or construction, (c) A derelict vehicle, equipment or machinery or the body or any part of a vehicle, equipment or MEIMENIM (a) Junk, rubbish or refuse, (b) An accumulation of wood shavings, paper, sawdust or other residue of production or There are several items on the subject property which are considered unsightly. There is an old rusted freezer, a portable sign, scrap metal, scrap wood, old carpet, used Styrofoam, old tarps, siding, plastic pipe, old wooden pallets, an axle from a car, bicycles and several rusted metal bed frames. The property is in an unsightly condition and is not in compliance with the by-law. d I at aila-m-crODriate landfill site. Alternatively, should these items remain on the premise for storage, they must be stored in a garage or shed, sufficient in so as to hold the items and provide full enclosure. The unsightly conditions,at the ,Iprey mise must be remedied and the property brought into compliance with the by -la,,,. oe2i`, Report Pr*p6red and Signed R. mark Meary Date I I'd Reviewed and Concurred In By Christopher McKiel, P. Eng. FORM 1 NOTICE TO COMPLY /r r197 s.190.01(3)) I I 077n, W, rmtr4m_,141141 11 FORMULE 1 AVIS DE coNFoRmat de 1_973 ch. M-22, par. 190.01(3)) Numiro d'identification de la parcelle : 55097406 A1dress:16-18 Milford Road, Saint John, New Adresse: 16-18 cl Milford, Saint John, Brunswick Nouveau -Brunswick Name: Clark, Dorine Floreda Address: 16 Milford Road, Saint John, New Brunswick, E2M 4R4 It Clark, Robert Allan Address: 16 Milford Road, Saint John, New Brunswick, E2M 4R4 it Sonier, Robin Ann Address: 16 Milford Road, Saint John, New Brunswick, E2M 4R4 By-law contravened: Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, By- law Number M-30 and amendments thereto (the "By- law"). Provision(s) contravened: Paragraph 190.01(l) of the Municipalities Act, and amendments thereto. Description of condition(s): The conditions of the premises are not in compliance with the standards provided for pursuant to the By-law. The conditions of the premise are described in Schedule "A", annexef. ` `III f" ecember 22, 2017 signed by Mark O'Leary, Standards Officer. Remedy or remedies required: The owner is to remedy the conditions by complying with the required Propriktaire(s) on occupant(s) � Nom :Clark, Dorine Floreda Adresse: 16 chemin Milford, Saint John, Nouveau - Brunswick, E2M 4R4 Name: Clark, Robert Allan Address: 16 chemin Milford, Saint John, Nouveau- V,runswick, E2M 4R4 Name: Sonier, Robin Ann Address: 16 chemin Milford, Saint John, Nouveau - Brunswick, E2M 4R4 Aff6tk enfreint : Arr&6 concernant les bdtiments et swwvfflmriw�rf .jaes Saint John, Arr&6 num6ro M-30, ainsi quc; les modifications aff6re1tes Disposition(s) e1te(s) : Le paragraphe 190.01(l) de la Loi sur les municipalitis, ainsi que les modifications aff6rentes. 119m IM mr, I 1 1111 111 1 11,11, trz A W-9 mW -1 *w"W IW."r, -1 Le 4 r, I I r I pr6vus dans I'Aff6t6. Les conditions des lieux sont d6crites A Vannexe "A" ci-joint, une copie conforme du rapport d'inspection en date du 22 decembre, 2017 sign6 par Mark O'Leary, un agente des normes. 11 dQ 1,111 t - N rin M I will V P.Mv I W Iviv 9 1 MIM-Ma.4 WY II WK Vol —Il.ff.i r1,. du rapport d'inspection susmentionn6 et d'amener les licuy. e -ti conformit6s avec I'Arr&6. Date A laquelle la on les mesures doivent 6tre prisesi : Within 30 days of being served with the Notice to Dans les 30 jours qui suivent la signification de 1' vis Comply. de conformit6. Date by which notice may be appealed: Date A laquelle un appel de I'avis peut itre dipos:M Within 14 days of being served with the Notice to Dans les 14 jours qui suivent la notification de I'avi-I Clerk of The City of Saint John, City Hall — 8h Floor, 15 recommand6 A la greffi&e communale de la Market Square, Saint John, New Brunswick, E2L 4LL municipalitk, a The City of Saint John, tdifice dc Fh6tel de ville, 8' 6tage, 15 Market Square, Saint John, Nouveau -Brunswick, E2L 4LL Potential penalty for non-compliance within specified tiMe:2 Paragraph 190.03(l) of the Municipalities Act states that a person who fails to comply with the terms of the Notice to Comply given under section 190.011 of the said Act, commits an states that if a Notice to Comply has been given und section 190.011 of the said Act and the owner bp Notice to COMT-L-,. deemed confirmed or as confirmed or modified by I committee of council or a judge under section 190.0 of the said Act within the time set out in the Notice Comply, the municipality may, cause the premises A?t*vaer *r *ccirtier t(sp 4;e cle-uted un -or reDaired �n go MRINNOIN small "-I U-tku A;C im IVrI, JL6 undli'CUIVII VOFUYG 194; becomes a debt due to the municipality. W -MU= SEMM= The City of Saint John 15 Market Square, City Hall Building, 10t" Floor P. 0. Box 1971 Saint John, New Brunswick E21, 4LI Telephone: 506-658-2911 Telecopier: 506-632-61.99 Email.: marI<..o`Iearv(sainti VAVrtrIT77-IV-P-et TVV I V-WtDWPVA7-MT7-FA M! I.erescrit2 Le paragraphe 190.03(l) de la Loi sur les notifi6 aux termes de I'article 190.011 de ladite loi, la Partie R de la Loi sur la procMure applicable aux Pouvoir de la 1icipalit6 dlentreprendre les r6parations on de prendre les mesureS3 : Confon-n6ment an paragraphe 190.04(l) de la Loi sur les WzVVicjialit,;.v, si un avis de c1nf1'rmit6 a W notifi6 propri6taire ou ]'occupant ne se conforme pas A cet 62111* econf1rmit6dansle16laiimyarfiettel1u'ilest r6put6 confirm6 on tel qu'il est confirm6 on modifi6 par un comit6 du conseil on par un juge en vertu de I'article 190.021 de ladite loi, ]a munici1alit6 peut travaux, y compris toute redevance ou tout droit aff6rent, sont A la charge du propri6taire ou de l'occupant et deviennent une cr6ance de la municipalit6. mzm=§Emzm��� Coordonn6es de la reprise ntante municipale : ME332MMLUM D6partement aux. services Winspection et des bitiments The City of Saint John 15 Market Square, Edifice de I'h6tel de ville, 10' eta e, Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4Ll `1 Ii 506-651-6864 T616copieur: 506-632-6199 . .1 11 . Mrt-e.? required remedial action. 2. Payment of the fine does not alleviate the obligation to comply with the by-law, standard or notice to comply. 3. Costs become a debt due to the municipality and may be added to the joint municipal and provincial Real Property Assessment and Tax Notice. mesure de recours. 2. Le paiement de l'amende n'annule pas l'obligation de respecter I'arrdtd, la norme ou 1'avis de conformite. 3. Les coots deviennent une Bette envers la municipalite et peuvent etre ajoutds a 1'avis d'dvaluation et d'impot foncier municipal et provincial. Inspection Date: December 22, 2017 Inspector: Mark O'Leary Property Address: 16 - 18 Milford Road, Saint John, NB PID: 55097406 At an inspection of the above property on December 22, 2017, violations of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law were noted. The By-law adopts sections 190.001(l) to 190.07 of the Municipalities Act. The Municipalities Act Section 190.01(l) states "No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises: (a) Any ashes, junk, rubbish or refuse, (b) An accumulation of wood shavings, paper, sawdust or other residue of production or construction, (c) A derelict vehicle, equipment or machinery or the body or any part of a vehicle, equipment or machinery, or (d) A dilapidated building. rubbish or refuse, (b) An accumulation of paper, or other residue of production or construction, a (c) The body or any part of a vehicle, equipment or machinery. I There are several items on the subject property which are considered unsightly. There are plastic buckets, plastic bottles, flexible clucting, old tarps, plastic barrels, window frames, old freezers, pieces of laminate flooring, bath tubs, a toilet seat, old carpet, cinder blocks, plastic crates, plastic gas cans, a metal shelf with plastic jugs stored on it, extension cords, shovels, a screen door, scrap wood, folding chairs, broken window glass, wooden chairs, old tires, lawn mowers, wheelbarrows, a metal box from a straight truck labeled Baxter, a car top carrier, old plywood, metal ladders, metal cable, vinyl siding, clay flu liner, card board, plastic hose, a toilet seat, a rusted floor sander, a rusted mattress spring, and a rusted furnace oil tank laying on its side with the side cut out. The property is in an unsightly condition and is not in compliance with the by-law. Required remedies: All the items listed must be removed and properly disposed of at an appropriate landfill site. Alternatively, should these items remain on the premise for storage, they must be stored in a garage orshed,s icient size so as to hold the items and provide full enclosure. MMIT-3 Report0ropared and Mined by R. Mark O'Leary 7 Date ------- L�L —It L—L—A Reviewed and Concurred In By Christopher McKiel, PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN CITY OF SAINT JOHN AFFIDAVIT OF SERVICE of the City of Saint John in the County of Saint John and Province of New Brunswick MAKE OATH AND SAY AS FOLLOWS: On theday of , - . d , 2418, I mailed the following documents: • a true copy of a Notice to Comply, a copy of which is annexed hereto as Exhibit `°A"; • a true copy of a Notice of Appeal, a copy of which is annexed hereto as Exhibit "B". to by registered mail at the Canada Post Office in Lawton's at Brunswick Square, King Street, Saint John. I addressed the envelope, placed the above documents in the envelope, sealed the envelope and took it to the Post Office. The tracking number is y Sworn To before me at the City of Saint John, N.B., on the day of 2018 CHEL A VAN WART COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEMBER 31 ST, 2022 6V Canada Post - Track - Result Detail Print cr ,r1ap parr POST caraAo� Tracking Number RN258111685CA Product Type: Registered Mail Delivery progress j(eN Page 1 of 1 Date Time Location Description Retail Location Signatory Name 2018/01/17 PM LEPREAU Delivered 2018/01/17 08:59 LEPREAU Item out for delivery 2018/01/16 17:57 SAINT JOHN Item processed 2018/01/16 14:35 SAINT JOHN Item accepted at the Post Office reatures ano options Signature Required ........ .. ______......_.._. _........... © 2017 Canada Post Corporation https://www.canadapost.calcpotoolslapps/track/pers 1/printThisResult?execution=e1s1 17/01/2018 e Date: 2018/01/18 Dear Sir or Madam Please find below the scanned delivery date and signature of the recipient of the item identified below: Item Number RN258111685CA Product Name Registered Mail/Courrier recommande Reference Number 1 Not Applicable Reference Number 2 Not Applicable Delivery Date (yyyy/mm/dd) 2018/01/17 Signatory Name MATTHEW KEATING Signature Yours sincerely, Customer Relationship Network 1-888-550-6333. (From outside Canada 1 416 979-3033) This copy confirms to the delivery date and signature of the individual who accepted and signed for the item in question. This information has been extracted from the Canadapost data warehouse 55 AFFIDAVIT OF SERVICE dd of the Community of Nerepis in the County of Kings and Province of New Brunswick MAKE OATH AND SAY AS FOLLOWS: 1. On the day, of 201, at approximately served with the following documents: 0 a Notice to Comply, attached hereto as Exhibit "A", • a Notice of Appeal, attached hereto as Exhibitl", by leaving a copy with him_ he at (< 4) /�c, ¢$o New Brunswick. 2. 1 was able to identify the person served by means of the fact that he /Qhe ackno7ed to me he /he Sworn To before me at the City of Saint John, N.B. On the 22 od day of ice" etlrlj�c 201t 56 FORM 1 �""`" FORMULE 1 NOTICE TO COMPLY missioner of Oaths AVIS DE CONFORMITE (Municipalities Act, R.S.N.B. 1973, (Loi sur les municipalites, L.R.N.-B. de 1973, c.M-22, s.190.01(3)) ch. M-22, par. 190.01(3)) Parcel Identifier: 55189419 Address: 15 Milford Road, Saint John, New Brunswick Owner(s) or Occupier(s): Name: Sonier, Robin Ann Address: 15 Milford Road, Saint John, New Brunswick, E2M 4R2 Municipality issuing notice: The City of Saint John By-law contravened: Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, By- law Number M-30 and amendments thereto (the "By- law"). Provision(s) contravened: Paragraph 190.01(1) of the Municipalities Act, and amendments thereto. Description of condition(s): The conditions of the premises are not in compliance with the standards provided for pursuant to the By-law. The conditions of the premise are described in Schedule "A", annexed hereto, a true copy of the Inspection Report dated December 22, 2017 signed by Mark O'Leary, Standards Officer. Remedy or remedies required: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the premises into compliance with the By-law. Date by which the remedy or remedies must occur: Numbro d'identification de la parcelle : 55189419 Adresse: 15 chemin Milford, Saint John, Nouveau - Brunswick Proprietaire(s) on occupant(s) : Nom : Sonier, Robin Ann Adresse : 15 chemin Milford, Saint John, Nouveau - Brunswick, E2M 4R2 Municipalite signifiant 1'avis :The City of Saint John Arrete enfreint : Arrete concernant les batiments et structures inesthetiques ou dangereux dans the City of Saint John, Arrete numero M-30, ainsi que les modifications afferentes (1' « Arrete »). Disposition(s) enfreinte(s) : Le paragraphe 190.01(1) de la Loi sur les municipalites, ainsi que les modifications afferentes. Description de la (des) condition(s) : Les conditions des lieux ne sont pas en conformite selon les standards prevus dans I'Arrete. Les conditions des lieux sont decrites a 1'annexe "A" ci joint, une copie conforme du rapport d'inspection en date du 22 decembre, 2017 signe par Mark O'Leary, un agente des normes. 1Vlesure(s) i prendre : Le proprietaire doit restaurer les conditions en se conformant aux recommandations du rapport d'inspection susmentionne et d'amener les lieux en conformites avec 1'Arrete. Date a laquelle la on les mesures doivent etre prisesi : Within 30 days of being served with the Notice to Dans les 30 jours qui suivent la signification de l'avis Comply. de conformite. Date by which notice may be appealed: Within 14 days of being served with the Notice to Comply. Date a laquelle un appel de Pavis peut etre depose: Dans les 14 jours qui suivent la notification de 1'avis de conformite. Process to appeal: The owner may, within 14 days after Processus d'appel : Le proprietaire pent dans les 14 having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall — 8"` Floor, 15 Market Square, Saint John, New Brunswick, E2L 4L1. fours qui suivent la notification de 1 avis de conformite, envoye un avis d'appel par courrier recommande a la greffiere communale de la municipalite, a The City of Saint John, Edifice de Photel de ville, 8' etagc, 15 Market Square, Saint John, Nouveau -Brunswick, E2L 4LL offence that is punishable under Part II of the Provincial Offences Procedure Act as a category F offence. Municipality's authority to undertake repairs or remedy:3 Paragraph 190.04(1) of the Municipalities Act states that if a Notice to Comply has been given under section 190.011 of the said Act and the owner or occupier does not comply with the Notice to Comply, as deemed confirmed or as confirmed or modified by a committee of council or a judge under section 190.021 of the said Act within the time set out in the Notice to Comply, the municipality may, cause the premises of that owner or occupier to be cleaned up or repaired and the cost of carrying out such work, including any related charge or fee, is chargeable to the owner or occupier and becomes a debt due to the municipality. Dated at Saint John thv2day of December, 2017 Municipality: The Clity of Saint J Signature of Municipal Officer's Contact information Name: Mark O'Leary Mailing address: Buildings and Inspection Services Department The City of Saint John 15 Market Square, City Hall Building, 10"' Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: 506-658-2911 Telecopier: 506-632-6199 Email: mark.o' leary(a),sair Seal of municipality Notes: 1. All appropriate permits must be obtained and all relevant legislation must be complied with in the course of carrying out the required remedial action. 2. Payment of the fine does not alleviate the obligation to comply with the by-law, standard or notice to comply. 3. Costs become a debt due to the municipality and may be added to the joint municipal and provincial Real Property Assessment and Tax Notice. commet une infraction qui est punissable en vertu de la Partie H de la Loi sur la procedure applicable aux infractions provinciales a titre d'infraction de la classe F. Pouvoir de la municipalite d'entreprendre les reparations on de prendre les mesures3 Conformement au paragraphe 190.04(1) de la Loi sur les municipalites, si un avis de conformite a ete notifie aux termes de Particle 190.011 de ladite loi et, que le proprietaire ou l'occupant ne se conforme pas i cet avis de conformite dans le delai imparti et tel qu'il est repute confirms ou tel qu'il est confirms ou modifie par un comite du conseil ou par un juge en vertu de Particle 190.021 de ladite loi, la municipalite peut faire nettoyer ou reparer les lieux de ce proprietaire ou de cet occupant et les frais relatifs a ('execution de ces travaux, y compris toute redevance ou tout droit afferent, sont a la charge du proprietaire ou de Poccupant et deviennent une creance de la municipalite. Fait a Saint John le 22 decembre 2017. Municipalite : The City of Saint John Signature de la representante municipals Coordonnees de la representante municipale : Nom: Mark O'Leary Adresse postale : Departement aux services d' inspection et des batiments The City of Saint John 15 Market Square, Edifice de 1'h6tel de ville, l0e stage, Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L1 Telephone: 506-651-6864 Telecopieur : 506-632-6199 Courriel: mark.o'leary@saintjohn.ca Sceau de la municipalite Notes : 1. Tons les permis prescrits doivent etre obtenus et toute la legislation pertinente doit etre respectee, pendant 1'exdcution de la mesure de recours. 2. Le paiement de ramende n'annule pas l'obligation de respecter l'arrete. la norme ou l'avis de conformite. 3. Les couts deviennent une dette envers la municipalite et peuvent etre ajoutes a ('avis d'evaluation et d'imp6t foncier municipal et provincial. Schedule "A" Inspection Date: December 4, 2017 Inspector: Mark O'Leary Property Address: 15 Milford Road, Saint John, NB PID: 55189419 At .an inspection of the above property on December4, 2017, violations of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law were noted. The By-law adopts sections 190.001(1) to 190.07 of the Municipalities Act. The Municipalities Act Section 190.01(1) states "No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises: (a) Any ashes, junk, rubbish or refuse, (b) An accumulation of wood shavings, paper, sawdust or other residue of production or construction, (c) A derelict vehicle, equipment or machinery or the body or any part of a vehicle, equipment or machinery, or (d) A dilapidated building. At the property, the following violations of Municipalities Act Section 190.01(i) were noted: (a) Junk, rubbish or refuse, (b) An accumulation of wood shavings, paper, sawdust or other residue of production or construction, (c) The body or any part of a vehicle. General Comments about the violations at the property: There are several items on the subject property which are considered unsightly. There is an old rusted freezer, a portable sign, scrap metal, scrap wood, old carpet, used Styrofoam, old tarps, siding, plastic pipe, old wooden pallets, an axle from a car, bicycles and several rusted metal bed frames. The property is in an unsightly condition and is not in compliance with the by-law. Required remedies: All the items listed must be removed and properly disposed of at an appropriate landfill site. Alternatively, should these items remain on the premise for storage, they must be stored in a garage or shed, sufficient in s' so as to hold the items and provide full enclosure. The unsightly co ition at th r mise must be remedied and the property brought into compliance with the by -lam ' Report Pr red and Sign b R. Mark O'Leary Date Reviewed and Concurred In By Christopher McKiel, P. Eng. l e' r✓ c % 7 —i i 7 W4"'UL'TL&A I (Afunicipalifies Act, R.S.N.B. I 6MMISS*Mw oat oadu s nrunicipalifbv, L.R.N.-B. de 1973, c. M-22, s.190-021(1)) ch. M-22, par. 190.021 (11)) File No.: BETWEEN: Appellant(s), -and- THE and -THE CITY OF SAINT JOHN, Respondent. Parcel Identifier : PID 4 Parcel Address: Owner(s) or Occupier(s): Name: Address: Telephone: Name: Address: Telephone: N' du dossier ENTRE: Appelant(s), -et- THE et -THE CITY OF SAINT JOHN, Intim6e. Num6ro d'identification de la parcelle : # NID Adresse dc la parcelle : Propri&taire(s) ou occupant(s) Nom : Adresse T61ephone: Nom: Adresse T616phone: with the terms and conditions set out in the notice that has been given under section 190.011 of the Municipalities Act and appeals to the Saint John Substandard Properties Appeal Committee. The appellant's grounds for this appeal are as follows (set out the grounds clearly but briefly): Dated at 2017. modalites ou les conditions qui y sont enonces dans 1'avis qui a W notifid aux teretes de Particle 190.011 de la Loi sur les municipalites et fait appel au Comite d'appel des proprietes inferieures aux normes de Saint John. Les motifs d'appel de 1'appelant(s) dans le present appel sont les suivants (enoncer les motifs de.fagon claire et concise) : the day of Fait a Signature of owner or occupier The appellant(s) intends to proceed in the English or French language (Please check the appropriate box). Please.forward your Notice of Appeal by registered mail to the clerk of The City of Saint John within fourteen (14) days after having been given the notice at the following address: Common Clerk's Office 15 Market Square, City Hall Building, 8`h Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: 506-658-2862 Telecopi er: 506-674-4214 le 2017. Signature du propridtaire ou 1'occupant L'appelant(s) a (ont) 1'intention d'utiliser la langue Francaise ou an laise (Veuillez cocker la case appropriee). Veuillez _ faire parvenir votre Avis d'appel par courrier recommande au secretaire de The City of Saint John dans les quatorze (14) jours qui suivent la notification de 1 'avis a 1 'adresse suivante : Bureau du greffier communal 15 Market Square, Edifice de I'h6tel de ville, 8e etage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4Ll Tel ephonc: 506-658-2862 Tel ecopieur: 506-674-4214 Notes: Notes : bringing the appeal has (have) a right to be heard and may be represented by counsel. 3. On an appeal, the Saint John Substandard Properties Appeal Committee may confirm, modify or rescind the notice or extend the time for complying with the notice. 4. The Saint John Substandard Properties Appeal Committee shall provide a copy of its decision to the owner(s) or occupier(s) of the premises, building or structure who brought the appeal within .fourteen (14) days after making its decision. 5. The owner(s) or occupier(s) provided with a copy of a decision from the Saint John Substandard Properties Appeal Committee may appeal the decision to a judge of The Court of Queen's Bench of New Brunswick within fourteen (14) days after the copy of the decision was provided to the owner(s) or occupier(s) on the grounds that (a) the procedure required to be followed by the Municipalities Act was not followed, or (h) the decision is patently unreasonable. propnetarre(s) ou i occupant(s) qui mterjetteknt) appet a (ont) le droit d'dtre entendu(s) et peut(vent) se faire representer par un avocat. 3. Lors d'un appel, le Comite d'appel des propri&e-s infdrieures aux normes de Saint John peut confirmer, modifier ou annuler l'avis ou proroger le ddlai pour s'y conformer. 4. Le Comitd d'appel des proprietes infdrieures aux normes de Saint John doit fournir une copie de sa decision au(x) propridtaire(s) ou a 1'occupant(s) des lieux, du batiment ou de la construction qui lui a(ont) interjete appel dans les quatorze (14) jours suivant la date a laquelle it a rendu sa decision. 5. Le(s) propridtaire(s) ou t'occupant(s) a qui une copie dune decision a dtd foumie par le Comitd d'appel des proprietes infdrieures aux normes de Saint John peut(vent), dans les quatorze (14) jours qui suivent, interjeter appel de la decision devant un juge de la Cour du Banc de la Reine du Nouveau -Brunswick au motif que (a) la demarche a suivre en vertu de la Loi sur les municipalitds n'a pas dtd suivie, ou (h) la decision est manifestement deraisonnable. AFFIDAVIT OF SERVICE 1101-b CC -11 ".11 Ay ,\J l -� 1 of the Community of Nerepis in the County of Kings and Province of New Brunswick MAKE OATH AND SAY AS FOLLOWS: '7 -IL/ 1. On the day or r,/ Lf 4 -e -z 201'X at approximately OZO 4r,-\ ff!q-5- I served W—o'-f; i 1� with the following documents: a Notice to Comply, attached hereto as Exhibit "A", • a Notice of Appeal, attached hereto as Exhibit "B", by leaving a copy with hi / her�at 100(� New Brunswick. 2. 1 was able to identify the person served by means of the fact that he /@e) acknowledged to me he / he vas Sworn To before me at the City of Saint John, N.B. On the day of ev, k. l"11201T5 DECEMBER31 ST 2022 63 FORM 1_...( FORMULE I NOTICE TO COMPLY . ; AVIS DE CONFORMITE (Municipalities Act, R.S.N.B. 1973, (Loi sur les municipalites, L.R.N.-B. de 1973, c.M-22, s.190.01(3)) ch. M-22, par. 190.01(3)) Parcel Identifier: 55097406 Num6ro d'identification de la parcelle : 55097406 Address: 16-18 Milford Road, Saint John, New Adresse: 16-18 Chemin Milford, Saint John, Brunswick Nouveau -Brunswick Owner(s) or Occupier(s): Name: Clark, Dorine Floreda Address: 16 Milford Road, Saint John, New Brunswick, E2M 4R4 Name: Clark, Robert Allan Address: 16 Milford Road, Saint John, New Brunswick, E2M 4R4 Name: Sonier, Robin Ann Address: 16 Milford Road, Saint John, New Brunswick, E2M 4R4 Municipality issuing notice: The City of Saint John By-law contravened: Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, By- law Number M-30 and amendments thereto (the "By- law"). Provision(s) contravened: Paragraph 190.01(1) of the Municipalities Act, and amendments thereto. Description of condition(s): The conditions of the premises are not in compliance with the standards provided for pursuant to the By-law. The conditions of the premise are described in Schedule "A", annexed hereto, a true copy of the Inspection Report dated December 22, 2017 signed by Mark O'Leary, Standards Officer. Remedy or remedies required: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the premises into compliance with the By-law. Date by which the remedy or remedies must occur: 7 Propri6taire(s) ou occupant(s) : Nom : Clark, Dorine Floreda Adresse : 16 chemin Milford, Saint John, Nouveau - Brunswick, E2M 4R4 Name: Clark, Robert Allan Address: 16 chemin Milford, Saint John, Nouveau - Brunswick, E2M 4R4 Name: Sonier, Robin Ann Address: 16 chemin Milford, Saint John, Nouveau - Brunswick, E2M 4R4 Munieipalit6 signifiant 1'avis :The City of Saint John Arr6t6 enfreint : Arrete concernant les bdtiments et structures inesthetiques ou dangereux dans the City of Saint John, Arrete num6ro M-30, ainsi que les modifications aff6rentes (1' « Arrete o). Disposition(s) enfreinte(s) : Le paragraphe 190.01(1) de la Loi sur fes municipalites, ainsi que les modifications aff6rentes. Description de la (des) condition(s) : Les conditions des lieux ne sont pas en conform -A6 selon les standards pr6vus dans !'Arrete. Les conditions des lieux sont decrites a !'annexe "A" ci joint, une copie conforme du rapport d'inspection en date du 22 decembre, 2017 signe par Mark O'Leary, un agente des normes. Mesure(s) i prendre : Le propri6taire doit restaurer les conditions en se conformant aux reeommandations du rapport d'inspection susmentionn6 et d'amener les lieux en conformit6s avec !'Arrete. Date a laquelle la on les mesures doivent etre prisesi: Within 30 days of being served with the Notice to Dans les 30 jours qui suivent la signification de 1'avis Comply. de conformite. Date by which notice may be appealed: Date i laquelle un appel de !'avis peut itre dkpos6: Within 14 days of being served with the Notice to Dans les 14 jours qui suivent la notification de 1'avis Clerk of The City of Saint John, City Hall — 8`h Floor, 15 Market Square, Saint John, New Brunswick, E21, 4L1. Potential penalty for non-compliance within specified time:2 Paragraph 190.03(1) of the Municipalities Act states that a person who fails to comply with the terms of the Notice to Comply given under section 190.011 of the said Act, commits an offence that is punishable under Part II of the Provincial Offences Procedure Act as a category F offence. Municipality's authority to undertake repairs or remedy:3 Paragraph 190.04(1) of the Municipalities Act states that if a Notice to Comply has been given under section 190.011 of the said Act and the owner or occupier does not comply with the Notice to Comply, as deemed confirmed or as confirmed or modified by a committee of council or a judge under section 190.021 of the said Act within the time set out in the Notice to Comply, the municipality may, cause the premises of that owner or occupier to be cleaned up or repaired and the cost of carrying out such work, including any related charge or fee, is chargeable to the owner or occupier and becomes a debt due to the municipality. Dated at Saint John the 22 day of December, 2017. Municipality: The C}tyyf Saint John Signature of MuCffial Officer: Municipal Officer's Contact information: Name: Mark O'Leary Mailing address: Buildings and Inspection Services Department The City of Saint John 15 Market Square, City Hall Building, 10`" Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1' Telephone: 506-658-2911 Telecopier: 506-632-6199 Email: mark.o'leary(a-),sainti recommand6 a la greffiere communale de la municipalit6, a The City of Saint John, Edifice de 1'h6tel de ville, 8e 6tage, 15 Market Square, Saint John, Nouveau -Brunswick, E2L 4L1. Penalite possible pour non-conformite dans le delai prescrit2 : Le paragraphe 190.03(1) de la Loi sur les municipalites prevoit quiconque omet de se conformer aux exigences formul6es dans un avis de conformit6 notifid aux termes de ]'article 190.011 de ladite loi, commet une infraction qui est punissable en vertu de la Partie II de la Loi sur la procedure applicable aux infractions provinciales a titre d'infraction de la classe F. Pouvoir de la municipalit6 d'entreprendre les reparations on de prendre les mesures3 : Conform6ment au paragraphe 190.04(1) de la Loi sur les municipalites, si un avis de conformite a ete notifi6 aux termes de ]'article 1.90.011 de ladite loi et, que le proprietaire ou ]'occupant ne se conforme pas a cet avis de conformite dans le delai imparti et tel qu'il est repute confirme ou tel qu'il est confirme ou modifi6 par un comit6 du conseil ou par un juge en vertu de ]'article 190.021 de ladite loi, la municipalit6 peut faire nettoyer ou r6parer les lieux de ce proprietaire ou de cet occupant et les frais relatifs i 1'ex6cution de ces travaux, y compris toute redevance ou tout droit afferent, sont a la charge du proprietaire ou de ]'occupant et deviennent une cr6ance de la municipalit6. Fait a Saint John le 22 decembre 2017. Municipalite : The City of Saint John Signature de la repr6sentante municipale : Coordonnees de la representante municipale : Nom: Mark O'Leary Adresse postale : D6partement aux services d'inspection et des bitiments The City of Saint John 15 Market Square, Edifice de l'h6tel de ville, 10' 6tage, Case postale 1971 Saint John (Nouveau -Brunswick) E21, 4L 1 Telephone: 506-651-6864 Telecopieur : 506-632-6199 Courriel: mark.o'leary@saintjohn.ca required remedial action. 2. Payment of the fine does not alleviate the obligation to comply with the by-law, standard or notice to comply. 3. Costs become a debt due to the municipality and may be added to the joint municipal and provincial Real Property Assessment and Tax Notice. mesure de reccurs. 2. Le paiement de I'amende n'annule pas ('obligation de respecter 1'arrete, la norme ou I'avis de conformite. 3. Les couts deviennent une dette envers la municipalite et peuvent etre ajoutds a l'avis devaluation et d'impot foncier municipal et provincial. Inspection Date: December 22, 2017 Inspector: Mark O'Leary Property Address: 16 -18 Milford Road, Saint John, NB PID: 55097406 At an inspection of the above property on December 22, 2017, violations of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law were noted. The By-law adopts sections 190.001(1) to 190.07 of the Municipalities Act. The Municipalities Act Section 190.01(1) states "No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises: (a) Any ashes, junk, rubbish or refuse, (b) An accumulation of wood shavings, paper, sawdust or other residue of production or construction, (c) A derelict vehicle, equipment or machinery or the body or any part of a vehicle, equipment or machinery, or (d) A dilapidated building. At the property, the following violations of Municipalities Act Section 190.01(1) were noted: (a) Junk, rubbish or refuse, (b) An accumulation of paper, or other residue of production or construction, and (c) The body or any part of a vehicle, equipment or machinery. General Comments about the violations at the property: There are several items on the subject property which are considered unsightly. There are plastic buckets, plastic bottles, flexible ducting, old tarps, plastic barrels, window frames, old freezers, pieces of laminate flooring, bath tubs, a toilet seat, old carpet, cinder blocks, plastic crates, plastic gas cans, a metal shelf with plastic jugs stored on it, extension cords, shovels, a screen door, scrap wood, folding chairs, broken window glass, wooden chairs, old tires, lawn mowers, wheelbarrows, a metal box from a straight truck labeled Baxter, a car top carrier, old plywood, metal ladders, metal cable, vinyl siding, clay flu liner, card board, plastic hose, a toilet seat, a rusted floor sander, a rusted mattress spring, and a rusted furnace oil tank laying on its side with the side cut out. The property is in an unsightly condition and is not in compliance with the by-law. Required remedies: All the items listed must be removed and properly disposed of at an appropriate landfill site. Alternatively, should these items remain on the premise for storage, they must be stored in a garage or shed, sufficient ir}isize so as to hold the items and provide full enclosure. The unsightly £cditi at e premise must be remedied and the property brought into compliance with the bv-ld % ReportrPr�pared and !MlV'd by R. Mark O'Leary Date -� /1/LL Reviewed and Concurred In By Christopher McKiel, P. Eng. (Municipalities Act, R.S.N.B. 1 or sur es nrunicipalites, L.R.N.-B. de 1973, c. M-22, s.190.021(1)) ch. M-22, par. 190.021(1)) File No.: BETWEEN: Appellant(s), -and- THE CITY OF SAINT JOHN, Respondent. Parcel Identifier, PID # Parcel Address: Owner(s) or Occupier(s): Name: _ Address: Telephone: Name: Address: Telephone: N° du dossier: ENTRE: Appelant(s), -et- THE CITY OF SAINT JOHN, Intimee. Numero d"identification de la parcelle : # NID Adresse de la parcelle : Proprietaire(s) ou occupant(s) Nom Adresse Telephone: Nom: Adresse Telephone: with the terms and conditions set out in the notice that has been given under section 190.011 of the Municipalities Act and appeals to the Saint John Substandard Properties Appeal Committee. The appellant's grounds for this appeal are as follows (set out the grounds clearly but briefly): Dated at .2017. modalites ou les conditions qui y sont enonces dans Favis qui a W notifid aux teretes de ]'article 190.011 de la Loi sur les municipalites et fait appel au Comite d'appel des proprietcs inferieures aux normes de Saint John. Les motifs d'appel de l'appelant(s) dans le prdsent appel sont les suivants (enoncer les motifs de.faeon claire et concise) : the day of Fait a Signature of owner or occupier The appellant(s) intends to proceed in the English or French language (Please check the appropriate box). Please , forward your Notice of Appeal by registered mail to the clerk of The City of Saint John within fourteen (14) days after having been given the notice at the following address: Common Clerk's Office 15 Market Square, City Hall Building, 8eh Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: 506-658-2862 Telccopi er: 506-674-4214 le 2017. Signature du propridtaire ou ]'occupant L'appelant(s) a (ont) ]'intention d'utiliser la langue francaise ou anglaise (Veuillez cocher la case appropriee). Veuillez . faire parvenir votre Avis d'appel par courrier recommande au secretaire de The City of Saint John dans les quatorze (14) jours qui suivent la notification de I 'avis a 1 'adresse suivante : Bureau du greffier communal 15 Market Square, Edifice de l'h6tel de ville, 8' etage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 41_1 T616pho n c: 506-658-2862 Telecopieur: 506-674-4214 Notes: Notes : bringing the appeal has (have) a right to be heard and may be represented by counsel. 3. On an appeal, the Saint John Substandarcl Properties Appeal Committee may confirm, modify or rescind the notice or extend the time for complying with the notice. 4. The Saint John Substandard Properties Appeal Committee shall provide a copy of its decision to the owner(s) or occupier(s) of the premises, building or structure who brought the appeal within fourteen (14) days after making its decision. 5. The owner(s) or occupier(s) provided with a copy of a decision from the Saint John Substandard Properties Appeal Committee may appeal the decision to a judge of The Court of Queen's Bench of New Brunswick within .fourteen (14) days after the copy of the decision was provided to the owner(s) or occupier(s) on the grounds that (a) the procedure required to be followed by the Municipalities Act was not followed, or (b) the decision is patently unreasonable. propnetaire(s) ou Voccupant(s) qui mterjetteknt) appei a (ont) le droit d'dtre entendu(s) et peut(vent) se faire reprdsenter par un avocat. 3. Lors d'un appel, le Comite d'appel des proprietes inferieures aux normes de Saint John peut confirmer, modifier ou annuler 1'avis ou proroger le ddlai pour s'y conformer. 4. Le Comite d'appel des proprietes infcrieures aur normes de Saint John doit foumir une copie de sa decision au(x) propridtaire(s) ou a l'occupant(s) des lieux, du batiment ou de la construction qui lui a(ont) interjete appel dans les quatnrze (14) jours suivant la date a laquelle it a rendu sa decision. 5. Le(s) propridtaire(s) ou 1'occupant(s) a qui une copie d'une ddcision a etc fournie par le Comite d'appel des proprietes infcrieures aux normes de Saint Jahn peut(vent), dans les quatnrze (14) jours qui suivent, interjeter appel de la decision devant un juge de la Cour du Banc de la Reine du Nouveau -Brunswick au motif que (a) la demarche a suivre en vertu de la Loi sur les municipalites n'a pas dtd suivie, ou (b) la decision est manifestement deraisonnable. -c- oo (U C!) ° 0 < M -c- oo (U C!) ° 0 < M E Em oo �q CU C/) 0< UM e� � ii � `p 'i� , uv COUNCIL REPORT M&C No. 2018-117 Report Date April 17, 2018 Meeting Date April 23, 2018 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Contract No. 2017-24: Visart Street (Adelaide Street to Natalie Street) — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Kevin O'Brien Michael Hugenholtz / Brian Keenan Jeff Trail RECOMMENDATION It is recommended that Contract No. 2017-24: Visart Street (Adelaide Street to Natalie Street) — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction be awarded to the low Tenderer, Galbraith Construction Ltd., at the tendered price of $482,203.05 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award Contract 2017- 24: Visart Street (Adelaide Street to Natalie Street) — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction to the low Tenderer. PREVIOUS RESOLUTION November 14, 2016; 2017 Water & Sewerage Utility Fund Capital Program Approved. March 6, 2017; 2017 Water & Sewerage Utility Fund and General Fund Capital Program Adjustments Approved. 0I91 -2 - October 2, 2017; 2018 Water & Sewerage Utility Fund Capital Program Approved. October 2, 2017; 2018 General Fund Capital Program Approved April 9, 2018; Visart Street (Adelaide Street to Natalie Street) Public Information Session Report Received and Filed. REPORT I*.&T005e1109111►U1 The approved 2017 and 2018 Water and Sewerage Utility Fund Capital Programs and 2018 General Fund Capital Program include funding for the reconstruction of Visart Street from Adelaide Street to Natalie Street. The work involves the replacement of the existing watermain and sanitary sewer, installation of a new storm sewer for separation and full street reconstruction including new concrete curb and sidewalk, roadway granulars, asphalt and landscaping. TENDER RESULTS Tenders closed on April 17, 2018 with the following results, including HST: 1. Galbraith Construction Ltd., Saint John, NB $ 482,203.05 2. Dexter Construction Company Limited, $ 548,205.00 Saint John, NB 3. Fairville Construction Ltd., Saint John, NB $ 557,314.15 4. Classic Construction (2012) Ltd., Saint John, NB $ 620,299.08 5. Maguire Excavating Ltd., Saint John, NB $ 627,831.69 The Engineer's estimate for the work was $636,871.15, including HST. ANALYSIS The tenders were reviewed by staff and 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 2017 and 2018 Water and Sewerage Utility Fund Capital Programs and 2018 General Fund Capital Program. This project is partially funded by the New Building Canada Fund Small Communities Fund program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. 021 The analysis is as follows: Budget Project net cost Variance (Surplus) -3 - $ 660,000.00 $ 558,800.00 $ 101,200.00 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. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. SERVICE AND FINANCIAL OUTCOMES The municipal infrastructure on this street is in poor condition and requires replacement. The renewal of the infrastructure will reduce the likelihood of future service disruptions to the local residents due to infrastructure failures. The storm water and sanitary sewer flows will also be separated on this section of Visart Street. In addition, this project provides the opportunity to improve the streetscape with the installation of a grass median on one side of the street. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A ON COUNCIL REPORT M&C No. 2018-125 Report Date April 17, 2018 Meeting Date April 23, 2018 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Posting of Saint John Water Notices on the City's Website OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager J. Brent McGovern J. Brent McGovern m I Jeff Trail RECOMMENDATION That, effective April 24, 2018, Common Council authorize City staff to post Saint John Water related public notices; including Fire Hydrant Flushing and Public Open Houses on the City's website and on social media, as appropriate, instead of in the local newspaper. EXECUTIVE SUMMARY Saint John Water has lead, using the continuous improvement lens, an initiative that would see public notices related to Fire Hydrant Flushing and Public Open Houses posted on the City's website and social media pages, as appropriate, instead of posting in the local newspaper. In the past, paid advertisements have been published in the local newspaper to keep customers informed for Fire Hydrant Flushing and some Public Open Houses. This recommended change will move information from a traditional print publication to an accessible online electronic forum using the City's website and a dedicated Public Notices webpage for Saint John Water. Further communication using social media will allow Saint John Water to broaden the reach of the notices by pushing the information out on the City's official Twitter and Facebook pages. This change would deliver annual recurring savings of approximately $45,843. Note the amount of information shared would remain the same; the only change being recommended is the opportunity to post the information electronically in publicly accessible locations as opposed to using traditional media. 019] -2 - PREVIOUS RESOLUTION With M&C 2017-288 dated November 27, 2017 it is was resolved "That, effective January 1, 2018, Common Council authorize City staff to post public notices on the City's website instead of the local newspaper for Municipal Plan Presentations, Municipal Plan Amendments, Zoning By-law amendments, and Section 59 amendments (Section 39 amendments under the current legislation)." STRATEGIC ALIGNMENT This recommendation aligns with Council's Priority of being Fiscally Responsible while also advancing a culture of continuous improvement to drive operational efficiencies. REPORT Over the past five months, a cross -departmental team was established with representatives from Finance, Engineering, Communications, Continuous Improvement, I.T. and Saint John Water. The team was established to assess the opportunity of eliminating costs associated with the placement of paid advertisements by Saint John Water. Those advertisements are made up of two types; Fire Hydrant Flushing and Public Open House with most of the costs being associated with Fire Hydrant Flushing. Fire Hydrant Flushing Advertisements have traditionally been run in the local newspaper with approximately 16 advertisements annually. These advertisements are run in the summer and fall to inform citizens in specific neighbourhoods of the timeline that the hydrants will be flushed. The new recommended procedure for Fire Hydrant Flushing would see the same style of advertisement posted on the City's Public Notices webpage that has been created to post Saint John Water related advertisements and in addition the advertisement would be pushed out on Twitter, Facebook and to those subscribed to receive the City's daily a -News. Public Open Houses For Public Open Houses, the advertisements have traditionally been hand delivered door-to-door as most of the capital work is localized and impacts a limited number of citizens; however, in instances that involve larger community engagement, advertisements have been run in the newspaper. In 2017, a total of six Public Open House newspaper advertisements were run. With Public Open Houses, the traditional door-to-door hand delivery of notices would still remain for projects that are localized and for the larger projects, the new recommended procedure for Public Open Houses would see the same style SLI of advertisement posted on the City's Public Notices webpage and the advertisement also pushed out on Twitter, Facebook and on the City's e -News If Council were to support this cost savings opportunity, a final advertisement would be run in the local newspaper the week of April 23, 2018 to inform the readership of the transition to a more electronic means of communication. SERVICE AND FINANCIAL OUTCOMES A Standard Operating Procedure has also been developed to standardize the internal process for electronically posting Fire Hydrant Flushing and Public Open House Notices. It is important to note that the only change being proposed is the posting of this information on the City's website and via social media instead of the local newspaper. The change also allows for enhanced communication as it provides Saint John Water the opportunity to communicate with customers and change Hydrant Flushing locations if there is work going on in a particular neighbourhood that does not allow the flushing to proceed as originally planned. It also allows for the notices to be posted for more than a day, which is the distribution period of a single newspaper advertisement. A detailed review of costs incurred in 2017 for the above has shown a total cost of $45,843.33 for a total of 16 Fire Hydrant Flushing advertisements and 6 Public Open House advertisements; an average newspaper advertisement cost of approximately $1,993. The opportunity for posting public notices for Fire Hydrant Flushing and Public Open Houses on the City's website and on social media will yield ratepayer savings in the order of $45,843 annually. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The project team is comprised of a cross -departmental team with representatives from Finance, Engineering, Communications, Continuous Improvement, IT and Saint John Water, all of whom are fully supportive of proceeding with the recommended change. ATTACHMENTS N/A OR COUNCIL REPORT M&C No. 2018-108 Report Date April 18, 2018 Meeting Date April 23, 2018 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: 237 Foster Thurston Drive — Cancellation of Public Hearing OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Mark Reade Jacqueline Hamilton m I Jeff Trail RECOMMENDATION That Common Council 1. Cancel the Public Hearing, which was scheduled for Monday May 7, 2018 at 6:30 p.m. in the Council Chamber, for the rezoning application of Tim Jones for the property located at 237 Foster Thurston Drive. EXECUTIVE SUMMARY The applicant has requested that the rezoning and subdivision applications be put on hold while additional review of site and proposal are completed. Staff recommend cancelling the Public Hearing that was scheduled for May 7, 2018. PREVIOUS RESOLUTION On March 26, 2018 Common Council scheduled the public hearing for the rezoning application of Tim Jones (237 Foster Thurston Drive) for May 7, 2018 at 6:30 p.m. in the Council Chamber, and referred the application to the Planning Advisory Committee for a report and recommendation. REPORT On March 26, 2018 Common Council scheduled the public hearing for the rezoning application of Tim Jones (237 Foster Thurston Road) for May 7, 2018 at 6:30 p.m. in the Council Chamber, and referred the application to the Planning Advisory Committee for a report and recommendation. -2 - Growth and Community Development Staff received an e-mail from the applicant on Wednesday April 4, 2018 requesting that the application be withdrawn from consideration by Common Council and the Planning Advisory Committee. Staff have had further discussions with the applicant and they have indicated that they would like the application to be essentially put on hold while applicant conducts an additional review of the site and proposed uses. Staff are recommending that the Public Hearing be cancelled. Staff note no notification or advertising has occurred with respect to the rezoning application. If the applicant contacts staff to reinitiate the process, Staff will report back to Council with a recommended Public Hearing date. Should the applicant chose to withdraw the application at later date, Staff will report back to Council in order that the application can formally be withdrawn and the necessary refund of the application fee can be processed. STRATEGIC ALIGNMENT Not Applicable SERVICE AND FINANCIAL OUTCOMES Not Applicable INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Not Applicable ATTACHMENTS N/A Otl COUNCIL REPORT M&C No. 2018-120 Report Date April 17, 2018 Meeting Date April 23, 2018 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Musquash Water Pumping Station — Access Road and Water Pipeline - Easement OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Susan Steven -Power Brent McGovern / Brian Keenan Jeff Trail RECOMMENDATION It is recommended that the City of Saint John enter into an Easement with the Province of New Brunswick (Energy and Resource Development) subject to the terms and conditions attached to M&C No. 2018-120, the Easement being for the purposes of maintaining an existing 1200mm diameter watermain and an access road to the Musquash Water Pumping Station and that the Mayor and Common Clerk execute all necessary documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council enter into an Easement with the Province of New Brunswick (Energy and Resource Development) to maintain an existing 1200mm diameter watermain and an access road to the Musquash Water Pumping Station. PREVIOUS RESOLUTION November 14, 2016; 2017 Water & Sewerage Utility Fund Capital Program Approved. March 6, 2017; 2017 Water & Sewerage Utility Fund and General Fund Capital Program Adjustments Approved. October 2, 2017; 2018 Water & Sewerage Utility Fund Program approved. 01:3 -2 - REPORT The approved 2017 and 2018 Water & Sewerage Utility Fund Programs include a project for the relocation and upgrades to the Musquash Water Pumping Station Electrical Substation. The Electrical Substation and Water Pumping Station have existed in their current location on the shoreline of the East Branch Musquash Reservoir since the early 1970s. There is a 1200mm diameter watermain that carries industrial water from the East Branch Musquash Reservoir to Menzies Lake in order to supplement Spruce Lake during dry periods when the water level is low. Adjacent to the 1200mm diameter watermain is a road that the City of Saint John uses to access the Musquash Water Pumping Station and Electrical Substation. The City of Saint John has no property rights for the location of the 1200mm diameter watermain or the access road. At the request of Saint John Water, the Province of New Brunswick (Energy and Resource Development) has provided an offer of an Easement for this property. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. SERVICE AND FINANCIAL OUTCOMES During dry periods of the year when the water levels in Spruce Lake are low and Spruce Lake cannot provide the required flows to the industrial customers in West Saint John, the Musquash Water Pumping Station is turned on. Water is pumped from Musquash through the 1200mm diameter watermain into Menzies Lake. The water then makes its way through the watershed and supplements Spruce Lake. There is also an access road running parallel to the 1200mm diameter watermain that allows City staff to access the Musquash Water Pumping Station and Electrical Substation as well as the 1200mm diameter watermain. The approved 2017 and 2018 Water & Sewerage Utility Fund Capital programs include funding for the design, construction and construction management components of the project. There was an $1,140.23 (HST included) application fee associated with this easement. Once the offer is accepted by the City of Saint John, a legal survey will be required which will cost approximately $4,315 (HST included). There will be no additional rental fees related to this easement. 06%] -3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS This report, as well as the attached Easement offer and attached schedules from the Province of New Brunswick (Energy and Resource Development), have been reviewed by the Legal Department. ATTACHMENTS Easement offer letter Easement offer— Schedule "A" Easement offer— Schedule "C" `[eIl] BNe Nouveau runswik March 19,2018 C A N A D A File No.: 422 02 0587 Brent McGovern City of Saint John P.O. Box 1971 Saint John, NB E2L 4LI Via e-mail: bi-ent.me(yovemLi)saintiohii.ea 1p�ffly 21 Re: Application for easement - access road and water pipeline, Musquash I am pleased to inform you that the review of your application for an easement across Crown land to authorize and maintain an existing buried 1.200 min water pipeline, along with the associated access road, is complete. I am prepared to recommend to the Minister that he issue an easement in the form of a right-of-way over the subject lands, as shown on the attached map. The easement will be subject to your written acceptance of this offer, as well as the following: 1. Aj2l2rovals The approval of the Minister is required. 2. Easement Area The easement measuring 30.48 m wide by 3,6 kin long shall comprise approximately 11.08 ha, more or less (see attached plan), The actual Easement area will be confirmed once the final survey has been accepted and filed at this office. The area stated in section 2) of the attached Schedule "C" will be updated accordingly. 3. Survev The Easement must be surveyed, at your expense, by a N.B. Land Surveyor of your choice, The Land Surveyor you have chosen must submit a coordinated Plan of Survey on which co- ordinates shown were derived from ties to adjusted NB Monuments or HPN Monuments, along with an electronic version of a description (Schedule "A") of the surveyed area. It is recommended that the surveyor contact Mr. Jim Dickie, Project Manager, for additional details and for information on submitting a preliminary plan for evaluation. Please note that the survey must be completed within three months from the date of your acceptance of this offer, _/2 Energy and Resource Development / D6veloppement de 1'6nergle et des ressources P.O. Box 6000 / C. P. 6000 Fredericton Now Brunswick / Nouveau -Brunswick E3B 5H1 wvvw,gnb,ca Brent McGovern March 19, 2018 Page 2 If you wish to proceed with the proposed easement offer, subject to the terms and conditions outlined in this letter and in the attached Schedule "C", please sign where indicated below and return to Jim Dickie by April 30, 2018. If there is no response from you by that date, it will be assumed that you are not interested in authorizing your use of the subject Crown land, If this is the case, this offer shall become null and void and the occupation will be treated as an unauthorized occupation of Crown land and will be dealt with accordingly. Please note that should you wish to pursue this application in the future, you will be required to submit a new application through the Land Use Application Service Centre (telephone 1-888-312-5600) or website at www.gnb.ca/naturalresources) and pay the appropriate fees. If you have any questions on this matter, please contact Jim Dickie at 444-3645. Yours truly, Beinzie Doucet Approvals Section Manager Crown Lands Branch W=41 Encl. CC' FrWric Paillard, Regional Programs Manager, Region 3 The City of Saint John hereby accepts the terms and conditions of this offer and those contained in the attached Schedules "C" this day of ,2018. Per and Common Council Resolution: i to] O� 1 1� \ I- 1 � I I Q`O OOIZ �y�a 1 N � � O a V O 0 -- - O 00 o O - 0 - o -_ o �g 0 N .2 -UN � Q � O w 0 U a m CLa a w w U W N J N li 5 in U a m 1 1 i4i. C � O O co Q Q CO N LO 7 = '-* . tCWDO V 0 CO 11') M I--C-4 CCS O _O d 0) O_ O N C 'O �'� Q N N .0 0 � Q y V N LL �a J .wnLVVLL v (File No. 422 02 0587) 1) The following terms and conditions apply to this Easement issued to the City of Saint John and related to the operation and maintenance of a buried water pipeline and access road on the subject Crown lands, subject to the Crown Lands & Forests Act, without restricting the generality of the foregoing. This Easement is subject to the terms specified in Lands Administration Regulation — Crown Lands and Forests Act, as the same may be amended from time to time. 2) The Easement will comprise an area of Crown land containing 11.85 ha, hereinafter called the subject lands. 3) The subject lands shall be used for the purpose of operating, maintaining or repairing a buried water pipe under the subject lands, and also for maintaining and using an access road over the subject lands. 4) The Grantee, its servants, agents and employees may enter upon and place upon the same lands all materials and equipment and machinery necessary for the operation, repairing and maintenance of the infrastructure. 5) All maintenance, operations, and repairs shall be at the Grantee's expense. There will be no claim made for compensation against the Grantor. 6) The Grantee acknowledges that this Easement is not transferrable and does not confer exclusive use of the subject lands upon the grantee. The grantee will consult with the Grantor prior to approving any other use of the subject lands. 7) After conducting any onsite activities, the grantee shall rehabilitate the affected lands occupied under this Easement, to the satisfaction of the Grantor, failing which, the Grantor may do so at the expense of the Grantee. 8) Measures shall be taken to prevent soil erosion by installing sediment control structures or other methods on areas affected as a result of the Grantee's activities to stabilize any disturbed soil in a manner satisfactory to the Grantor. 9) The Grantee shall take all necessary precautions to prevent the release of any contaminant onto, over or under the Easement lands. 10) In the event that the Grantee creates any environmental or other nuisance on or adjacent to the lands occupied under this Easement, the Grantee shall remedy the problem to the satisfaction of the Grantor. 11) The Grantee shall comply with all applicable Federal and Provincial laws and obtain such permits or authorizations as may be required from time to time by those authorities, a copy of which is to be duly forwarded to Crown Lands Branch upon request. 12) The Grantee shall save harmless the Grantor from any damages or legal action associated with litigation arising from this occupation. However, the Grantee must inform the Grantor of any claims, suit or proceeding against the Grantee immediately. 0k.*rIGUULG V (File No. 422 02 0587) 13) The Grantor reserves the right to amend or withdraw this authorization at any time should it be in the public interest to do so for reasons of public safety, environmental protection, an Act of the New Brunswick Legislature, and/or a directive from the Lieutenant -Governor in Council. The Grantor is not responsible for compensating the Grantee. 14) This Easement will cease to exist if it is not used for its intended purpose for three continuous years. 15) The Grantee shall forever indemnify and save harmless the Grantor from and against all liabilities, damages, claims, suits and actions whatsoever resulting in any way from the development use or maintenance of the Easement by the Grantee or of the employees, agents, contractors or subcontractors of the Grantee, other than liabilities, damages, claims, suits and actions resulting from the gross negligence or willful misconduct of the Grantor, Her officers and employees. 16) All structures and works should not obstruct public access on or use of, the subject lands; or alternate, safe access is provided by the Grantee over or around the structure at all times. 17) Before any work occurs on demised lands, the Grantee must obtain a work permit from the nearest Department of Energy and Resource Development (ERD) District Office as authorized under the Forest Fires Act (this applies during the fire season as declared by the Minister. Please contact the District Resource Supervisor at (506) 755-4040. COUNCIL REPORT M&C No. 2018-124 Report Date April 18, 2018 Meeting Date April 23, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Agreement with 632504 New Brunswick Ltd. to Conduct Work for City Infrastructure in Mobile Home Park off Glen Road OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Curtis Langille Ian Fogan/Kevin Fudge m I Jeff Trail RECOMMENDATION That The City of Saint John enter into the Agreement as per attached to M & C #2018-124 with 632504 New Brunswick Ltd., being the owner of the property, identified as being Parcel Identifier 300855; and that the Mayor and Common Clerk be authorized to execute the agreement. EXECUTIVE SUMMARY In 2017, the City's Engineering Department was tasked with reviewing a section of sanitary sewer near the intersection of Glen Road and Glenview Trailer Park, which requires excessive maintenance to prevent sewer back-ups. It was determined there is a portion of City sanitary pipe on Glen Road that is "sagging" and causing the pipe to back-up into the privately owned sanitary sewer contained within the trailer park. A detailed design has been completed to fix the problem and the City is ready to tender the project. The grade change (slope) in this area of Glen Falls is very gradual and in order for the City to achieve sufficient regrade to install the necessary piping, it was determined the City would need to reinstate the sanitary sewer back onto a portion of the trailer park property owned by 632504 New Brunswick Ltd. Schedule "A" of the attached agreement highlights the area of private property the City requires to access and re-lay a portion of sanitary sewer along with other related infrastructure. Once completed, the owner of the trailer park will assume ownership of the new infrastructure within the park and be responsible for any future maintenance. The attached agreement will allow the City and or `191-1 its agents to enter upon the private lands to complete the necessary sanitary sewer re -grading work for this project. PREVIOUS RESOLUTION On October 2, 2017 Council approved the 2018 Water and Sewer Utility Fund. REPORT In 2017, the Engineering Department was tasked with reviewing a section of sewer near the intersection of Glen Road and Glenview Trailer Park which requires excessive maintenance to prevent sewer back-ups, causing the Park owner and the City to flush their respective sewer lines multiple times per year. Once a video was received, along with reviewing pipe inverts (elevations), it was found that there was a "sag" in the pipe. Due to the flat grade, as well as other pipe constraints, it was determined that the City would need to re-lay a section of sanitary sewer back to a manhole on private property in order to achieve sufficient grade (slope) to remedy the present issues. The owner of the mobile home park property is in agreement with allowing the City and/or its agents onto the site to place new pipe infrastructure that will alleviate excessive preventative maintenance and the back-up of the sanitary sewer. The work will not only resolve an ongoing City issue with respect to the improper flow of the sanitary sewer, but will also benefit the trailer park as well. As a result, there is no financial compensation offered or expected for this agreement. If Council is in agreement, the project will be tendered and work will commence and be completed later this year. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. SERVICE AND FINANCIAL OUTCOMES Once completed, the new infrastructure will provide for proper flow of the sanitary sewer within the trailer park and surrounding area. The renewal of infrastructure will reduce the likelihood of future service disruptions to the local residents while also decreasing the sewer flushing activity by Saint John Water. An amount of $490,000.00 has been approved in the 2017/2018 Capital Program to replace the infrastructure. `[9tl -3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Saint John Water has reviewed and provided their input into this report. The City's Legal Department prepared the attached agreement. ATTACHMENTS 1. Location Map 2. Agreement between City and 632504 New Brunswick Ltd. `[@I:] `tole.] This Agreement made the -L9 day Of 2018 BY AND BETWEEN. THE CMM OF SAINT JOHN, having its City Hall at 15 Market Square, Saint John, New Brunswick,, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "City" OF THE FIRST PART And 632504 NEW BRUNSWICK LTD, a body corporate duty registered to do business in the province of New Brunswick, having its registered office at 170 Ashburn Road, Saint John, New Brunswick E21L 4C3, hereinafter called the "Company" OF THE SECOND PART WHEREAS the Company, is the owner of lands designated by SNB with Parcel Identifier 300855 (the "Lands"); AND WHEREAS the Lands, on the eastern side of Glen Road, are used as a mobile home park (the "Park"); AND WHEREAS there are inadequacies in the water and sewage system servicing the Park and surrounding area; AND WHEREAS the City and the Company have agreed as to the remedy to alleviate the said inadequacies; NOW THEREFORE THIS AGREEMENT WITNESSETH that the Parties in consideration Of these presents and the covenants herein contained agree as follow:s� 1, The City by its officers, servants, agents, contractors and workers shall, at its c 8 expense, enter upon that portion of the Lands shown in yellow on Schedulet cost, risk and with machinery, materials, "A" attached 'vehicles and equipment to construct and install a 200 mm water main and a 200 mm sanitary sewer including all related works appurtenant thereto (the "Work"') restoring as far as is practicable the surface of the Lands to the same condition as it was prior to excavation. isM a 2. The Work shall be performed during the 2018 construction Season in accordance with the specifications found in City of Saint John Project No. G01 1-007 Contract No. 2018-04. 3. Upon completion of the Work, the ownership of the Work shall vest in the Company and the Company shall at its cost, risk and expense be responsible for all maintenance, inspection, alteration, repair and replacement of the Work, 4. During the Work. the Company shall: a, provide access for Park residents, their invitees and for all persons seeking entry to the Park and travel within the Park and to and from the Lands and Glen Road; and b. permit the City to lay on the surface of the Lands temporary water pipeline to service the Park. IN WITNESS WHEREOF the parties have affixed their respective corporate seals, attested by the hands of their respective officers duly authorized in that behalf on the day aforementioned. SIGNED, SEALED AND DELIVERED in the presence of: 111 99359��� Mayor Common Clerk Common Council Resolution: 2018 632504 NEW BRUNSWICK LTD, Per, President COUNCIL REPORT M&C No. 2018-111 Report Date April 10, 2018 Meeting Date April 23, 2018 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Contract No. 2018-03: Sandy Point Road (Hawthorne Avenue to Parkwood Avenue) — Storm Sewer Installation OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Joel Landers Michael Hugenholtz/Brian Keenan Jeff Trail RECOMMENDATION It is recommended that Contract No. 2018-03: Sandy Point Road (Hawthorne Avenue to Parkwood Avenue) — Storm Sewer Installation be awarded to the low Tenderer, Fairville Construction Ltd., at the tendered price of $124,217.25 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award Contract 2018- 03: Sandy Point Road (Hawthorne Avenue to Parkwood Avenue) — Storm Sewer Installation to the low Tenderer. PREVIOUS RESOLUTION October 2, 2017; 2018 Water & Sewerage Utility Fund Program approved. October 2, 2017; 2018 General Fund Capital Program approved. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. MR] -2 - REPORT BACKGROUND The approved 2018 General Fund Capital Program includes a project on Sandy Point Road for the installation of 100 m of new 300 mm storm sewer for separation of storm from the sanitary sewer between Hawthorne Avenue and Parkwood Avenue. I111019111:l1163110 1 61 Tenders closed on April 10, 2018 with the following results, including HST: 1. Fairville Construction Ltd., Saint John, NB $ 124,217.25 2. Galbraith Construction Ltd., Saint John, NB $ 137,977.00 3. Midi Construction Ltd., Saint John, NB $ 141,582.25 4. Maguire Excavating Ltd., Saint John, NB $ 168,366.90 5. Steele Trucking Ltd., Saint John, NB $ 171,243.66 6. Classic Construction (2012) Ltd., Saint John, NB $ 183,005.25 7. Debly Enterprises Ltd., Saint John, NB $ 187,265.40 The Engineer's estimate for the work was $147,470.25 including HST. ANALYSIS The tenders were reviewed by staff and were found to be formal in all respects with the exception of the tender from Steele Trucking Ltd.. which contained a conflict between the written and numerical bid prices that required correction in accordance with specification article 2.11 (u) (ii). The corrected tender result is indicated above. 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 2018 General Fund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. The analysis is as follows: Budget $ 115,000 Project net cost $ 115,147 Variance (Shortfall) $ 147 ` E111 -3- Igo] 114V=II1►19711 ilk] 1►[eto] aiI 0RII: e141 M 011150]►1111ATTO W The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. SERVICE AND FINANCIAL OUTCOMES The project will separate the combined Storm water and Sanitary flows on Sandy Point Road between Hawthorne Avenue and Parkwood Avenue. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/a ATTACHMENTS N/a `sk COUNCIL REPORT M&C No. 2018-128 Report Date April 18, 2018 Meeting Date April 23, 2018 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT. Proposed rezoning of PID 55071070 Simonds LSD OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Kendall Mason, P.Eng. J. Brent McGovern, P.Eng. Jeff Trail RECOMMENDATION It is recommended that Common Council receive and file this report. EXECUTIVE SUMMARY The purpose of this report is to advise Common Council of a rezoning application of a parcel of land (PID 55071070) within the Simonds Local Service District (LSD). This parcel of land lies within and adjacent to the Loch Lomond Drinking Water Watershed. Debly Enterprises Ltd. has initiated the rezoning application for industrial usage as a first step to obtaining an Approval to Operate a Construction and Demolition (C&D) site on this parcel of land that falls within and adjacent to the Loch Lomond Drinking Water Watershed. Debly Enterprises has submitted a rezoning application to the Simonds LSD which has gone through Planning Review Adjustment Committee of the Fundy Region Service Commission. A public meeting was held on April 17th where the rezoning was presented to the public. The public or stakeholders of the rezoning can send all comments to Brian Shannon of The Fundy Regional Service Commission or the Provincial Planning Director, Joanne Glynn. PREVIOUS RESOLUTION N/A `§1.1 -2 - STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. BACKGROUND The Loch Lomond Watershed is a provincially designated protected Drinking watershed that has limited permitted activities within the three zones of the watershed and a Construction and Demolition site in the opinion of Saint John Water is not a permitted usage. The rezoning of a parcel of land within the protected watershed to Industrial usage also appears to not meet the permitted activities within the three zones of the protected watershed and in addition it sends the wrong message to the Community and the Province in regards to protecting the drinking water supply for the citizens of Saint John. When Saint John Water is investigating land usage within and near the Loch Lomond Watershed, staff utilize all available data to determine if the land usage is a potential risk to the long-term quality of the drinking water supply. The Province of New Brunswick has determined the boundary of the provincially designated watershed based on the best available data at the time of producing the provincial map titled Protected Areas - Loch Lomond watershed — City of Saint John Map A-25. ANALYSIS Considering land use applications are for a very specific site, it is critical that the engineering analysis and rezoning utilize the most accurate elevation data available to determine the actual watershed boundary that crosses the parcel being rezoned as opposed to the watershed boundary line that was established many years ago by the Province using the best data at the time. Saint John Water staff obtained LiDAR data and created more accurate contours lines which resulted in a more accurate watershed boundary. Note LiDAR stands for Light Detection and Ranging; it is a remote sensing method used to examine the surface of the Earth which is collected by air and the data collected via this means serves to greatly enhance the accuracy of the watershed boundary line. This higher accuracy watershed boundary is shown on the attached Figure 1. Industrial land uses such as construction and demolition sites are required by Regulation 2001-83 of the Clean Water Act to be a minimum of 75 meters outside the determined watershed boundary. Considering the more accurate watershed boundary and the additional 75 meter buffer required in accordance with the Regulation drinking watersheds, there is very limited land remaining on PID 55071070 that would be available for Industrial usage. -3 - After reviewing the details of this application that is before the Fundy Regional Service Commission (FRSC) for consideration; Saint John Water will be strongly recommending that the land within a protected watershed plus the 75 metre setback not be rezoned for industrial usage. SERVICE AND FINANCIAL OUTCOMES Service outcome will be maintaining the high quality raw source water that is the source of supply to all customers in East, North and South areas of Saint John. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS Figure 1 `§F:3 p pw U) 75- U)m ry x w LL LU Z U Q J ry c�0< pw < Z p Z O ry U 0 Z 0 �m0J p LU U) xw wz Q J �i J ry Q Q Zp Z Z) �0 Om ' im?" w Z) z_pp J w m W Q p LU LL LL X L p U) CO W LnOt- T Q r-LL3 WHEREAS: raising and increasing the AWARENESS of Human Values of truth, right conduct, peace, love and non- violence, and all the multiple sub values like honesty, integrity, kindness and caring in the City of Saint John is a primary goal of this wonderful city; and WHEREAS: these values are inherent in all creeds, countries, cultures and communities making these values truly "Values without Borders"; and WHEREAS: making the City of Saint John 'A City of Character' is for the greatest benefit of all our citizens; and WHEREAS: reducing and even erasing the incidents of violence of all types in our communities and our City will bring PEACE and PROGRESS in all aspects and activities of this province; and WHEREAS: unlike other walks, Walk for Values is not a fund- raiser, but a way to make the City richer and healthier by pledging our commitment to practice human values, and be motivated to serve our community through volunteer work, or by donating blood or food for the needy; and WHEREAS: "Walk for Values" is designed to raise the awareness of Human Values and to promote individual responsibility towards the collective future of humanity. Walk for Values is a platform to educate people on the importance of practicing these five Human Values in daily life and the awareness it creates in making of enlightened citizens for universal peace. NOW THEREPORE: I, Mayor on Darting, of Saint John do hereby proclaim April 24, 2018 as "Human Values Day" in the City of Saint John. En witness whereof I have set my hand and affixed the official sed of the Mavor of the Citv of Saint John. Ugq�'og q� my� Numb T FT WHEREAS: Every year nearly one thousand Canadian workers are killed by workplace injuries and many more die from occupational disease; and WHEREAS: Thousands more are permanently disabled; and WHEREAS: Tens of Thousands are injured or made ill; and WHEREAS: Concerned Canadians are determined to prevent these tragedies by: • Observing April 28th as a day of mourning to remember these victims of workplace injuries and disease; • Renewing our efforts to seek stronger safety and health protections, better standards and enforcement, and fair and just compensation; and ® Rededicating ourselves to improving safety and health in every Canadian workplace; NOW THEREFORE: 1, or on Darling, of Saint John do hereby proclaim that April 28, 2018, a Day of Mourning in Recognition of Workers Killed, Injured or Disabled on the job in the City of Saint John and I encourage everyone to work together to make safety a priority. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. �jTIW/� j .. . ....... ..... . . . . . . . WHEREAS: The fear of losing one's mind and the fear of losing control of one's body are among the most profound human fears; and WHEREAS: Both losses occur in Huntington disease, an inherited and fatal brain disorder that strikes in the prime of life; and WHEREAS: Every child of a parents with Huntington disease faces a 50 percent risk of inheriting this genetic disorder, and there is no effective treatment and no known cure - yet; and WHEREAS: The Huntington Society of Canada has initiated and supported research into the cause and nature of this fatal disease, and the work of the Society has brought new hope to the people with Huntington disease and families who bear the burden of this affliction; and WHEREAS: Research continues to offer the promise of early diagnosis, treatment techniques and ultimately a cure for Huntington disease; and WHEREAS: The month of May will be observed as Huntington Disease Awareness Month in communities across Canada. NOW THEREFORE: 1, Mayor on Darling, of Saint John do hereby proclaim May, 2018, as Huntington Disease Awareness Month in the city of Saint John and urge all our citizens to lend their support to the Huntington Society of Canada in its efforts to unravel, not only the mystery of Huntington disease, but also a wide range of other genetic, neurological and psychiatric disorders affecting the lives of so many Canadians. In witness whereof I have set my hand and affmed the official seal of the Mavor of the Citv of Saint John. WHEREAS: Lyme disease is one of the fastest growing infections in Canada; and WHEREAS: The population of ticks, 'the prime cause of Lyme disease, is growing and expanding in New Brunswick; and WHEREAS: The tick season is also extended due to climate change; and WHEREAS: There is an increasing number of New Brunswickers who are suffering from Lyme disease; and WHEREAS: Lyme disease, if not diagnosed and treated early, can become a debilitating condition, causing extreme fatigue, cardiac and nervous system disorders and/ or arthritic symptoms; and WHEREAS: All New Brunswickers would benefit by being more aware of Lyme Disease, how it is contracted, what the symptoms associated with the disease are and how to get the prompt medical care needed to avoid illness and suffering. NOW THEREFORE: 1, or Don Darling, f of Saint John do hereby proclaim May, 2018, as Lyme Awareness Month in the city of Saint John. in witness whereof I have set my hand and affixed the official seal of o of the City of Saint John. COUNCIL REPORT M&C No. 2018-121 Report Date April 18, 2018 Meeting Date April 23, 2018 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: City of Saint John Smart Cities Challenge Application OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Nancy Moor Neil Jacobsen m I Jeff Trail RECOMMENDATION That Saint John Common Council support the community by endorsing its application for the Smart Cities Challenge and authorizing the Mayor to send a letter of support to accompany the application on behalf of Saint John Common Council. EXECUTIVE SUMMARY In late 2017, Infrastructure Canada released details of its Smart Cities Challenge inviting all eligible municipalities across the country to define and tackle their biggest challenge using a "smart cities" approach. This means achieving meaningful outcomes for a city's residents by leveraging the benefits that data and connected technology can offer including openness, integration, transferability and collaboration. Through a community -wide engagement process, population decline was chosen as the challenge participants would like the City of Saint John to submit. Addressing this challenge is vital, as Saint John was the only CMA in Canada to see its population decline in the last census. This challenge fully aligns with the City's number one and most urgent growth priority — population growth, as reflected in Council Priorities, the Roadmap for Smart Growth and the recently released Population Growth Framework. The process also reflects a high level of community input, support and passion with respect to our community's Smart Cities submission. The challenge comprises two phases. Phase 1 is a preliminary application consisting of 20 specific questions designed to describe our project. From this phase Infrastructure Canada will give ten municipalities $250,000 to develop a submission for Phase 2 resulting in two municipalities receiving $10,000,000 to implement their solution. As part of the formal application process, Common Council is required to endorse the community's intent to submit an application to the Federal Government's Smart Cities Challenge. Applications must be submitted by April 24. The application in full will be released publically upon permission from Infrastructure Canada. `f�zl -2 - REPORT In January, under the co -leadership Enterprise Saint John and the City, a broad cross- section of local social, economic and environmental stakeholders from the community were invited to help identify initial theme ideas for our Smart Cities Challenge application. From that workshop six potential challenge themes were developed: digital connectivity, historical assets, climate change, population decline, energy costs and poverty. As an outcome from that same workshop, members from the local Ernst & Young (EY) office generously offered to provide in-kind project management support for our Smart Cities proposal development efforts. They have subsequently provided hundreds of hours of professional advisory services at no cost to the Project Team. It should also be noted that MP Wayne Long continues to be an enthusiastic advocate of our local "smart cities" journey and has also provided access to in-kind research and project support. The Project Team continued to engage the community in order to formulate a compelling application via a public survey and series of workshops. Mayor Darling personally contributed to the workshop process, providing enthusiastic support and encouragement on behalf of the City and Council. It was particularly encouraging to meet and engage with many new residents as part of this process, and the level of input we received was truly exceptional. Regular progress updates were also provided over the past number of months to the City's Growth Committee. April 23 Report and presentation to Council April 24 Application submitted TBD Permission from Infrastructure Canada ;Outcomes Six themes developed Opportunity for public input into the six themes Over 325 responses received "Population Decline" chosen as our primary Smart Cities theme Over 40 people attended a half-day session to further refine the theme Exploration of regional Smart Cities themes and best practices Over 40 representatives from local IT sector met to explore technical solutions and viability Full application published Using input from the survey and workshops, "population decline" was the theme chosen as the challenge the community would like to see the City pursue. The Project Team continues to refine our Community's Challenge Statement and related proposal content, which will form the basis of our application to be submitted on April 241H The Challenge Statement is a single sentence that defines the outcome or outcomes a community aims to achieve by implementing its Smart Cities proposal. It must be `P491 Key Engagement Activities February 2 Stakeholders Workshop February 23 Public Survey released March 9 Survey closes March 14 Theme presentation and evaluation workshop March 27 Constructing the Challenge Statement Workshop March 28 Tri -City Smart Cities meeting in Fredericton April 3 Milestone update to Growth Committee April 4 Challenge Viability Workshop April 23 Report and presentation to Council April 24 Application submitted TBD Permission from Infrastructure Canada ;Outcomes Six themes developed Opportunity for public input into the six themes Over 325 responses received "Population Decline" chosen as our primary Smart Cities theme Over 40 people attended a half-day session to further refine the theme Exploration of regional Smart Cities themes and best practices Over 40 representatives from local IT sector met to explore technical solutions and viability Full application published Using input from the survey and workshops, "population decline" was the theme chosen as the challenge the community would like to see the City pursue. The Project Team continues to refine our Community's Challenge Statement and related proposal content, which will form the basis of our application to be submitted on April 241H The Challenge Statement is a single sentence that defines the outcome or outcomes a community aims to achieve by implementing its Smart Cities proposal. It must be `P491 -3 - measurable, ambitious, and achievable through the use of data and connected technology to provide solutions to a currently "unsolvable" problem. The technical viability of the project and the capacity to carry out the project must also be considered. With this in mind, our Saint John submission will fully leverage the capacity and capabilities of Enterprise Saint John's "Smart and Connected Community Data Project." The joint Enterprise Saint John — City of Saint John Project Team have been both encouraged and truly inspired by the community interest and support around the Smart Cities Challenge process and the population decline theme. We have also received a number of letters from government and community organizations in support of our application, which are attached to this Report. STRATEGIC ALIGNMENT This initiative supports Council's Priorities (Growth and Prosperity Theme), the Roadmap for Smart Growth and the City's new Population Growth Framework. Recognizing that Fredericton, Moncton and Saint John are each submitting applications to the Government of Canada's Smart Cities Challenge and the level of work that has gone into each application, the three Cities have agreed to share key learnings and best practices. The first step will be a Tri -City Smart Cities webinar to be organized in June. Staff from Fredericton, Moncton and Saint John have also committed to actively supporting each of the Tri -City projects that progress to the second round of the Smart Cities Challenge. SERVICE AND FINANCIAL OUTCOMES This application is for Phase 1 of the Government of Canada's Smart Cities Challenge. Ten winners from across Canada will be selected based on the outcomes of Phase 1. Winners will receive $250,000 to prepare a final application for $10,000,000 in transformational community funding to address their community challenge using a "smart city" lens. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS This report has been prepared with input from Growth and Community Development and Enterprise Saint John, and input from the City Solicitor's Office. The application has been supported by EY Saint John, MP Wayne Long's office and hundreds of community members. ATTACHMENTS 1. Letter of Support from Mayor Darling and Saint John Common Council 2. Smart Cities Challenge Presentation 3. Letters of Support `IOU Mayor Don Darling Mayor's Office Bureau de maire April 23, 2018 The Honourable Amarjeet Sohi Minister of Infrastructure and Communities I am pleased to submit this letter on behalf of Saint John Common Council in support of Saint John's application to the Smart Cities Challenge. At its meeting of April 23, 2018, Common Council passed the following recommendation: That Saint John Common Council support the community by endorsing its application for the Smart Cities Challenge and authorizing the Mayor to send a letter of support to accompany the application on behalf of Saint John Common Council. Our community has identified "Population Decline" as the challenge we would like to pursue in our application. Saint John was the only CMA to lose population in the last census. Hundreds of volunteers from across our community have dedicated hundreds of hours to guide the Project Team in our "Smart Cities Journey." I truly believe that our submission meets your requirements and supports your message: And when those talented people come together in pursuit of a common goal, they can come up with inspired solutions that will have a real and tangible impact. And when those talented people come together in pursuit of a common goal, they can come up with inspired solutions that will have a real and tangible impact. On behalf of Common Council and our community, thank you for this opportunity. Sincerely Mayor Don Darling City of Saint John P.O. Box 1971 Saint John, NB Canada E2L 4L1 ( www.saintjohn.ca ( C.P. 1971 Saint John, N. -B. 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U O U 4' 2 u i 40 -" fig+ �' wis Q C6 �. .CL CL m y' E E 0 O E III rn (Y) OIZ a--+ C6 (3.)�V u N cr . U O U i Q C6 ON E E 0 O E u 00 N .� O +moi OV . 0 O W O O E O .w E N ® }'O L Q }' cn GJ N O cc -U OL O U U u E CL Q V Q iz III rn (Y) I April 11, 2018 Mayor Don Darling and Common Council City of Saint John PO Box 1971 Saint John, NB E21-41-1 • X Q' Mayor Darling and Members of Common Council It is BellAliant's pleasure to support the City of Saint John's application for the Government of Canada's Smart Cities Challenge. BellAliant has a long standing relationship with the City of Saint John and is viewed as the City's primary technology partner. As such we have been actively engaged in the Smart City Challenge as well as other Smart and Connected city initiatives. BellAliant has also been significantly investing in technologies to assist cities like Saint John to ensure they succeed in their Smart City journey. We have been impressed with the level of community engagement conducted to develop the Challenge Statement and the application. We are particularly interested in the emphasis on Population Decline with a focus on Newcomer Retention as the focus of the application and the initiatives this area could generate. Our community recognizes how important this is for all of us who live or would like to live here. Saint John was the only CMA in the country to lose population in the 2016 census. We believe that a successful application could mean positive change for our population and could well serve communities across the country facing a similar situation. Sincerely Steve Titus Director of Sales Bell Aliant MMI April 9, 2018 Mayor Darling and Members of Common Council As Canada's first incorporated City, Saint John has many opportunities and challenges. One of our greatest assets is the collaborative nature of our people. We have seen evidence that when unusual partners come together we can achieve measureable improvements. In the late 1990's Saint John's poverty rate was over 26%, it now hovers near 20%. While we were pleased with this progress, we saw child poverty rates did not follow the same positive trend and re aligned our efforts to tackle generational poverty. These efforts and have seen literacy rates increase dramatically in the last year among our most vulnerable children. I share this example to illustrate our track record. We know how to identify a community priority by engaging stakeholders (many who had not before been engaged in the issue), establishing a plan and clear metrics, revisiting our plan to ensure optimal impact, and our long term commitment to results. In other words, Saint John is well positioned to successfully tackle tough issues. It is my pleasure to support the City of Saint John's application for the Government of Canada's Smart Cities Challenge. We have another broad community challenge; Saint John was the only city in the country to lose population in the 2016 census. This phenomenon is not unique to Saint John but a pervasive trend in Atlantic Canada and the prairies, in particular. Many stakeholders from community organizations, public sector, tech sector, newcomer organizations and newcomers to Saint John themselves have come together to develop this important Challenge Statement and the application. Without population growth our economy and communities will not thrive. Sincerely, fi f Wendy MacDermott Executive Director United Way Saint John, Charlotte, Kings M11% TECZEN DIGITAL SIMPLIFIED TecZen Digital Inc 5 Whitetail Lane Saint John, NB, E2K-4T5 April 13, 2018 Mayor Don Darling and Common Council City of Saint John PO Box 1971 Saint John, NB E21- 4L1 CommonClerk2@jgLnt*Lohn.ca Mayor Darling and Members of Common Council It is my pleasure to support the City of Saint John's application for the Government of Canada's Smart Cities Challenge. I have been impressed with the level of community engagement conducted to develop the Challenge Statement and the application. I am particularly heartened that the community chose Population Decline with a focus on Newcomer Attraction and Retention as the focus of the application. With the new digital economy, people now have more choices than ever as to where to physically live, while making their living everywhere online. Having the city as a community focused on this issue harnessing the power of innovation and technology is a great fit for our organization of digital citizens. Given that we choose to live here and work anywhere. We want and need a diversity of great friends and neighbors physically surrounding us. Saint john has much beauty, culture and potential; however, the lack of population growth is the most serious threat we face. We believe that a successful application could mean positive change for our population and could well serve communities by being a replicable model across the country facing a similar situation. Sincerely Glen Hicks President TecZen Digital Inc. 143 April 9, 2018 Mayor Don Darling and Common Council City of Saint John PO Box 1971 Saint John, NB E21-41-1 CommonClerk2@saintiohn.ca Mayor Darling and Members of Common Council It is my pleasure to support the City of Saint John's application for the Government of Canada's Smart Cities Challenge. I have been impressed with the level of community engagement conducted to develop the Challenge Statement and the application. I am particularly heartened that the community chose Population Decline with a focus on Newcomer Retention as the focus of the application. As you know, T4G has long evangelized about the power of data to drive informed decision making and have seen Saint John as a regional concentration point for "Big Data" skills related to Data Science and Data Analytics. T4G believed so much in the future of Big Data and the community that we created and hosted the Big Data Congress conference which, now in its 6t" year, was first held in Saint John in 2012 and remains a place where leading thinkers and practitioners gathers once a year to talk all things data. This project's focus on data collection and the use of that data to drive models that will allow decision makers to measure impact, and drive informed decisions, will be distinguishing factor of this project. Our community recognizes how important this is for all of us who live or would like to live here. Saint John was the only CMA in the country to lose population in the 2016 census. We believe that a successful application could mean positive change for our population and could well serve communities across the country facing a similar situation. Sincerely Geoff Flood President T4G 144 17 J 1 April 12, 2018 Mayor Don Darling and Common Council City of Saint John PO Box 1971 Saint John, NB E21-41-1 CommonClerk2@saintiohn.ca Mayor Darling and Members of Common Council; It is my pleasure to support the City of Saint John's application for the Government of Canada's Smart Cities Challenge. I have been impressed with the level of community engagement conducted to develop the Challenge Statement and the application. I am particularly heartened that the community chose Population Decline with a focus on Newcomer Retention as the focus of the application. NBCC attracts students from around the world who are often interested in staying in New Brunswick after they graduate. They are job ready and keen to be part of the community. We how important this is for all of all who live or would like to live in Saint John as the city was the only municipality in the country to lose population in the 2016 census. We believe that a successful application could mean positive change for the population and could well serve communities across the country facing a similar situation. Sincerely Ryan Sullivan Director of International Education -w -IF numan Development Council Identifies and addresses social issues in Greater Saint John through research, information, coordination and networking. April 12, 2018 Mayor Don Darling and! Common Council City of Saint John, PO Box 1971 Saint John, NB E21- 41-1 Mayor Darling and Members of Common Council: Re: Smart Cities Challenge The Saint John Human Development Council (HDC) is pleased to offer its support to the City of Saint John's application for the Government of Canada's Smart Cities Challenge. As the region's social planning council, the HDC studies - and seeks to respond to - local social conditions that affect the quality of life of Saint John's residents. A number of these issues are connected. And a number of them have been affected negatively by recent population decline. The importance of this demographic challenge was affirmed during the development of the city's challenge statement. A thorough and inclusive selection process led to the choice of Population Decline with a, focus on Newcomer Retention as the subject of the application. A successful application would provide our community with an opportunity to address this urgent issue. We further believe that our responses to the challenge of population decline would help inform strategies in other communities that face similar demographic challenges. Sincerely, Randy H field Executive Director 3rd Floor- Social Enterprise Hub, 139 Prince Edward St., Saint Join), NB F21, 3S3 Main Line: 506-63 U913 o %~v.sjlI)dc,ca BNe%,,A.rqouveau fGhsWiEk C A N A D A 2�4 �-* Mayor Don Darling and Common Council City of Saint John P.C. Box 1971 Saint John, NB E2L 4L1 It is my pleasure to support the City of Saint John's application for the Government of Canada's Smart Cities Challenge. I am very p�leas,ed with the community's engagement and dedication displayed during the clevelopment of the city's Challenge Statement and application;. In particular, I am encouraged by the community's decision to focus on population decline with an emphasis on newcomer attraction and retention! as population growth is, an important issue currently impacting many New Brunswick communities, including Saint John, The Department of Post -secondary Education Training and Labour has worked closely with the City of Saint John over the past several years to create, develop and implement strategies aimed to grow our povince's population and economy. The Department wi;ll continue to work closely with the municipality to w on these efforts moving forward. lt is important to continue to work together to provide the provincial and community supports that will best help newcomers and their families settle, int�egrate and find employment in New Brunswick. Your success in this endeavor wiII be very beneficial, not only for the City of Saint John, but for the Province as a who!le as we continue to support our mutual population growth goals, The Department is :supporfive of the city's applicatilon to the Smart Cities Challenge and wish you all the best as you move forward in the application process, Sincerely, Jean -Marc Dupuis Deputy Minister Post -Secondary Education,'Training and LabourAducaflon postsecondaire, Formation et TravaR E EMEEMM EI IId 8, YciI nq I I AHa[flw Canada ('(i,UrM I April 13, 2018 11Inq hoi rS� r M r IpIuI, Ill§ V 1,A /Y/ cd � 1_',( 81,".,()Yr Fa v: t ) 506 119 r h. t ,n iod(7,ri;'kcm, NF, L3 2 re iI r s i91 'L paxrtl"fly rb t 4I Mayor Don Darling and Common Council City of Saint John PO Box 1971 Saint John, NB E2L 4L1 CommonClerk2@saintiohn.ca Mayor Darling and Members of Common Council tis{ V,,itp pJd n'° c, 1,13l1 Hollis st! 'irk IMI lx pd '; 193J ( c", ank +i 'rfai" 4 0 1OF" 0 dhil n Iia korai `flat/tho ;b o IO john, G41[1 1565 -oc l -:,06 i5;34 uitc !SOO `.,t. John',, NI_ IA t ` ('F4 ek +'I 709 (,.'A6,1914 ) I xI 09 Ll(,0 41? On behalf of EY it is my pleasure to support the City of Saint John's application for the Government of Canada's Smart Cities Challenge. Since we became involved earlier this year I have been impressed with the level of community engagement the team has conducted to develop the Challenge Statement and the application. My perspectives originate from being both a business professional as well as a concerned resident in the region, and I am particularly heartened that the community chose Population Decline with a focus on Newcomer Retention as the focus of the application. Our community recognizes how important this is for all of us who live or would like to live here. As I am sure you are well aware, Saint John was the only census metropolitan area (CMA) in the country to lose population in the 2016 census. We believe that a successful application will mean positive change for our population and will serve communities across the country facing a similar situation. Sincerely Partner EY `[E:3 Friday, April 13, 2018 Mayor Don Darling and Common Council City of Saint John PO Box 1971 Saint John, NB E2L 4L1 Com monClerk2@saintiohn.ca Mayor Darling and Members of Common Council It is my pleasure to support the City of Saint John's application for the Government of Canada's Smart Cities Challenge. I have been impressed with the level of community engagement conducted to develop the Challenge Statement and the application. I am particularly heartened that the community chose Population Decline with a focus on Newcomer Retention as the focus of the application. Our community recognizes how important this is for all of us who live or would like to live here. Saint John was the only city in the country to lose population in the 2016 census. The IMPART investigator team Canada (https://impart.team/) was founded in 2017, with Saint John as the central hub of what is called a Living Lab for medical research and innovation. Our mission is to promote the health research enterprise of this city, provide advanced medical education (MBA, MD & PhD), support a diverse workforce of homegrown and newcomer talents in the health sector. We value being in Saint John, as the community is strongly supportive of our mission to grow the knowledge economy through medical entrepreneurship and innovation. Recently, our team won Canada's first ever -Medical Dragons Den for $500,000 to acquire a Novel prize winning technology called a super - resolution microscope (also called a nanoscope). We have successfully recruited world-class physicians and scientists to Saint John to train the next generation of medical professionals and innovators. Our medical specialists are recognized as world class, often performing better than larger cities in patient outcomes. Companies from major cities have come to partner and do business with our deeply specialized team. This helps recruit and retain the best professionals by providing opportunity for their families and the security of knowing they have access to the very best medical care the world can offer. We believe that a successful application could mean positive change for our population and could well serve communities across the country facing a similar situation. Sincerely Juliana Prestes Community & Medical Technology Engagement IMPART investigator team - Canada Dalhousie Medicine New Brunswick April 10, 2018 Mayor Don Darling and Common Council City of Saint John PO Box 1971 Saint John, NB E2L4L1 Your Worship and Esteemed Members of Common Council, Newcomer Connections YMCA of Saint John 191 Churchill Blvd. Saint John, NB E2K3E2 On behalf of the YMCA of Greater Saint John, I am writing to support the City of Saint John's application for the Government of Canada's "Smart Cities Challenge". We have been impressed with the level of community engagement conducted to develop the Challenge Statement and application. We are also encouraged that the community has chosen to focus its application on the topic of population decline and newcomer attraction and retention. As the largest provider of settlement services in the Saint John region, and as the Co -Chair of the newly formed Local Immigration Partnership, we fully agree these are among the top challenges our community must address. Furthermore, the YMCA has identified diversity and growth as key impact areas under its current strategic plan, and we are happy to know our efforts will continue to align with community needs and innovation. Saint John was the only city in the country to lose population in the 2016 census. Having since helped navigate the community through the Syrian Response, we at the YMCA understand first-hand how urgently our systems need to evolve in order to fully address the population challenges facing our City. We believe that a successful application could mean positive change for our population and could positively impact communities across the country facing similar circumstances. Sincerely, Angelique Simpson, MA, LLB Vice President, Newcomer and Community Connections Lilcli6 �,eal / c4 m ry' kA y6 12S `N791 April 9, 2018 Mayor Darling and Members of Common Council As Canada's first incorporated City, Saint John has many opportunities and challenges. One of our greatest assets is the collaborative nature of our people. We have seen evidence that when unusual partners come together we can achieve measureable improvements. In the late 1990's Saint John's poverty rate was over 26%, it now hovers near 20%. While we were pleased with this progress, we saw child poverty rates did not follow the same positive trend and re aligned our efforts to tackle generational poverty. These efforts and have seen literacy rates increase dramatically in the last year among our most vulnerable children. I share this example to illustrate our track record. We know how to identify a community priority by engaging stakeholders (many who had not before been engaged in the issue), establishing a plan and clear metrics, revisiting our plan to ensure optimal impact, and our long term commitment to results. In other words, Saint John is well positioned to successfully tackle tough issues. It is my pleasure to support the City of Saint John's application for the Government of Canada's Smart Cities Challenge. We have another broad community challenge; Saint John was the only city in the country to lose population in the 2016 census. This phenomenon is not unique to Saint John but a pervasive trend in Atlantic Canada and the prairies, in particular. Many stakeholders from community organizations, public sector, tech sector, newcomer organizations and newcomers to Saint John themselves have come together to develop this important Challenge Statement and the application. Without population growth our economy and communities will not thrive. Sincerely, fi f Wendy MacDermott Executive Director United Way Saint John, Charlotte, Kings 151 Saint John / Local Immigration PextnmvsNp VVoWnQwith thmCommunity, For the [ommmun|ty April 11,2U18 Mayor Don Darling and Common Council City ofSaint John P.OBox 1971 Saint John, NB, E2L4L1 Re,: The Government of Canada's Smart Cities Challenge The Saint John Local Immigration Partnership is pleased to support the City of Saint Johini's application for the Government of Canad�a's Smart Cities Challenge. The Saint John region currently faces a number of socio-economic concerns, from generational poverty and high rates of obesity and illiteracy, to continuing populati�n decline. A number of organizationis are collaborating totackle these challenges, including the Saint John Local Immigration Partnership, ugroup of over fifteen organizations working together to enhance settlement and integratimn outcomes among newcomers in our city. Having participated actively in the Smart Cities Challenge Workshop, I have been impressed with the level of community engagement in developing the challenge statement and the application, Above all, I am tremendously delighted that the community chose Population Decline with a focus on Newcomer Retention as the emphasis of the a��lication. Our community is beginning, to understand that the way out ofpopulation decline is to attract and integrate newcomers, into the community and ithas become a top priority. As a newcomer who loves Saint John, and wants to remain in the community to welcome other newcomers and help them integrate smoothly, | strongly believe that asuccessful application could mean a positive change for this great community and for other communities going thirough similar challenges. The Saint John Local Immigration Partnership is excited that the community chose Newcomer Retention asits main focus, omdvvefully support this exceptional selection. Sincerely Ab�����mo|o Project Officer Saint John: Local Immigration Partnership 3 d Floor -Social Enterprise Hub, 139 Prince Edward Street, Saint John, N13 E2L 3S3 T:(506)799'23l7 BY-LAW NUMBER C.P. 111-53 A LAW TO AMEND THE ZONING BY-LAW Y717K) ZONAGE DE THE CITY 1" :•1 JOHN Be it enacted by The City of Saint Le conseil communal de The City John in Common Council convened, as of Saint John 6dicte cc qui suit follows: The Zoning By-law of The City of .4"44#jh-v�-aiacted on the fifteenth dali-of Itecember, A.D. 2014, is hereby amended vs follows: 1. Section 3.1 is amended by deleting the definitions for "agricultural "farmers market", "forestry use", C'garden centre", "health services laboratory", "light industrial use", "regional commercial centre", "research and development facility", "retail convenience", "retail general", "retail warehouse" and "special industrial use" and replacing them with the following: 64agricultural use" means the cultivation of a domestic animal, including, but not limited to, the growing of a crop, an agro- forestry operation, garden, greenhouse, maple syrup production, nursery, orchard, or vineyard, or the keeping and raising of bees, fish, fowl, livestock, or ffir or wool bearing animals, but does not include a cannabis production facility. (usa- a* s gagrico REIN include other foods, beverages, or arts and cralts. are sold to the Dublic bv a vou-P Q& retail use. (march6fermier) "forestry use" means any use of land, building, or structure, where timber resources of any cumulative ground area are cultivated, managed, or harvested, but does not include manufacturing or yLq,cessing of such yroducts- or a cannabis production facility; (usageforestier) "garden centre" means any use of land, building, or structure for the display and sale of plants, gardening, or landscaping a cannabis production facility or cannabis retail use. (centrejardinier) "health services laboratory" means an establishment where bio -medical samples L'Arr&6 de zonage de The City of John, 6dict6 le 15 d6cembre 2014, est 4--insi modifi6: 1. L'article 3.1 estmodifi6 par suppression des definitions de << centre commercial regional >>, o centre jardinier », << d6panneur >>, o entrep6t de vente au d6tail >>, << installation de recherche et de d6veloppement >>, o laboratoire de services de sante >>, << march6 fermier >>, << usage agricole >>, << usage d'industrie 16g6re >>, << usage forestier >>, << usage industriel particulier >> et << vente au d6tail g6n6rale >> et leer remplacement par cc qui suit : << centre commercial r6gional >> Lot ou complexe commercial comportant un ou p6W&wm, une aire de plancher brute totale minimale dc 3 000 m6tres carr6s et oit sont exerc6s un ou plusieurs des usages suivants, destin6s A rdpondre aux besoins en mati&re d'achats dans la r6gion de Saint John: studio d'artiste ou d'artisan, boulangerie, bar, salon -bar on boite de nuit, bureau d'affaires, vente au d6tail du cannabis, •. ertissement A des fins commerciales, centre communautaire, bureau de police communautaire, garderie, institution financi6re, salon fim6raire, 6picerie, centre de sant6 et de conditionnement physique, biblioth6que, clinique m6dicale, boutique d'animaux familiers, bacs de recyclage, restaurant, vente an d6tail g6ndrale, entrep6t de vente au d6tail, entreprise de service et de r6paration d'articles professionnelle et clinique v6t6rinaire. (regional commercial centre) << centre jardinier)) Vise l'usage d'un terrain, d'un bfitiment ou d'une construction pour 1'exposition et la vente de plantes ou d'6quipement et de paysager, mais ne vise pas les installations de goduction du cannabis on les usaoes di << d6panneur >> ttablissement oiL sont offerts .2re tested, medical research is conducted, or medical and or dental aids, devices, or yrostheses are serviced, but does not include a cannabis processing facility or a cannabis production facility. (laboratoire de services de santi) "light industrial use" means any use of land, building, or structure, involving a manufacturing process whether or not a finished article is produced, and may include the repairing and or servicing of a vehicle, machinery, or building where the manufacturing process occurs or the material is used or stored, and the transportation of material, goods, or tyw will not cause injury to or prejudicially Iromfir4REIIIII (a) Water usage being restricted to employee washrooms, indirect cooling and pressure testing of equipment, cleaning of uses ancillary to the manufacturing process; (b) No effluent discharge or contaminant which may contribute to the biological, chemical, physical, or aesthetic pollution of land, water, and or air; and (c) No manufacturing processes or activities, other than outdoor storage, parking, and loading, shall take place outside of a building. A cannabis production facility is not included. (usage d'industrie ljglre) de gros des biens, articles, marchandises, substances, produits ou choscs diverses, y compris notarnment des confiseries, des provisions, de la quincaillerie, des boissons non alcoolis6es, des articles de soins 9., des m6dicaments- des imprim6s Vr —If./111:/ se t/as les usages de vente au d6tail du cannabis. (retail convenience use) C4regional commercial centre" means a lot or commercial group containing one or more commercial buildings having a total gross floor area of 3,000 square metres or more which contains one or more of the following uses intended to serve the shopping needs of the Saint John region: Artist or Craftsperson Studio, Bakery, Bar, Lounge, or Nightclub, Business Office, Cannabis Retail, Commercial Entertainment, Community Centre, Community Policing Office, Day Care Centre, Financial Services, Funeral Services, Grocery Store, Health and Fitness Facility, Library, Medical Clinic, Personal Service, Pet Grooming, Recycling Bins, Restaurant, Retail General, Retail Warehouse, Service and Repair, Household, Technical or Vocational School, or Veterinary Clinic. (centre commercial .r /:/.; << entrep6t de vente au 16tail >> kablissement ou point de vente grossiste- d6taillant ofi sont vendus an public des biens pour lesquels une grande superficie d'exposition est requise, tels que, notamment, des mat&riaux de construction, des meubles ou des gros appareils 6lectrom6nagers, mais ne vise pas les usaRes de vente au d6tail du cannabis. (retail warehouse) o installation de recherche et de ,i6veloppernent >> ktablissement oit sont effectu6s des recherches, des 6tudes, des essais ou des exp6riences scientifiques A l'int6rieur d'un bdtiment en vue du d6veloppement de technologie de 1"'R, 66111r,"TM V vwwl I vE pointe et pouvant comporter de nombreux usages secondaires Us A 1'6tablissement, tels que, notamment, des salles de v.--x,w,-,4w—sendces de —restauration de sant6 et de bien-6tre, des laboratoires, des salles de r6union, des services d'imprimerie, des services professionnels ou juridiques, des services de consultation technique, des installations de formation ou d'autres installations similaires, mais ne vise pas les installations de production du cannabis. (research and development facility) << laboratoire de services de sant6 >> ttablissement ofj se fait I'analyse d'6chantillons biom6dicaux, la recherche m6dicale on 1'entretien de proth6ses, de dispositifs ou d'appareils m6dicaux ou dentaires, mais ne vise pas les installations de transformation du cannabis et les installations de production du cannabis. (health services laboratory) << march6 fermier >> Ptablissement ofi sont vendus au public par un ..l;.# 1• de fdv"Olcilt oit peuvent aussi 6tre vendus d'autres des cruvres d'art et de I'artisanat, mais oii No 1-11MON MEW WAM,Wke I&MORIMLIW �,Pw Wam"WW"ME-11 q investigation, testing, or experimentation takes place within a building for the development of advanced information technology, prototypes, or manufacturing of advanced technology products, and includes a wide variety of secondary uses relating to the operation such as, but not i� -1 �nce fa�cilit -food service, wNm health and wellness, laboratory, meeting facility, printing service, professional and or legal service, technical consulting, training facility, or other similar facilities, but does not include a cannabis production facility. (installation de recherche et de d6veloppement) 4cretail convenience" means an establishment where goods, wares, merchandise, substances, articles, or things are offered for sale to local area residents or employees on a daily basis at retail or wholesale value including, but not limited .o, confectioner,-, F.ocerieshardware, non- alcoholic beverages, personal care items, pharmaceutical, printed material, or tobacco, but does not include cannabis retail use. (d6panneur) "retail general" means the sale of goods, M• Marticles, or substances,. things to the public and may include the accessory storage and servicing of such items, but does not include cannabis retail use. (vente au d6tail gin6rale) 44retail warehouse" means an establishment a large disniay floor area are sold to the public such as, but not limited to, building material, furniture, major appliances, or wholesale retail 4%#Jeu,'�mLAPes not include cannabis ret.,A use. (entrep6t de vente au ditail) ne se tact pas is N (farmers market) << usage agricole >> S'entend du travail du sol en vue de produire une r6colte et de I'dievage d'animaux. domestiques; sont notamment vis6s la culture de produits agricoles, les activit6s agroforesti6res, les jardins, les serres, les productions de sucre d'6rable, les pdpini6res, les vergers, les vignes, Papiculture, la pisciculture, I'aviculture et 1'61evage de b6tail et d'animaux A fourrure ou A laine, mais ne vise pas les installations de production du cannabis. (agricultural use) 44special industrial use" means an industrial use, principally for one or more of the following: (a) The manufacture or assembly of products using innovative or advanced technology where substantial value is process of its manufacture or assembly; (b) Research and development uses tOcNnI&*,&S are employed; and the storaaq,.c"mment. or distribution of the << usage d'industrie 16g6re )) Usage de terrains, de bAtiments ou de constructions ayant recours A un proc6d6 de fabrication, R. importe qu'un article fini soit produit ou non, et pouvant comprendre la r6paration ou Fentretien de vdhicules, de machines ou de bfitiments, oi� ont lieu le proc6d6 de fabrication on Putilisation ou Pentreposage du mat6riel, ainsi que le transport, jusqu'aux lieux et A partir de ceux-ci, de mat6riaux, de ws ou de produits, qui Woccasionne pas de dommages et ne porte pas pr6judice A Fagr6ment de la localit6, 6tant exerc6 dans les respect des conditions suivantes : a) l'utilisation de 1'eau est limit6e aux usages accessoires au proc6d6 de fabrication, notamment I'alimentation en eau des toilettes des employ6s, le refroidissement indirect, les essais de mise ' -w,7!yage de t - a,: wiW,.pe. m P-9 L el I a n e t to v6hicules et d'6quipement; b) il Wy a pas de rejet d'effluents ou de contaminants susceptibles de contribuer i, iq i.*Ibiiii i't4gial Aiwill h si u% M c) aucun proc6d6 de fabrication ni aucune activit6 manufacturi6re, sauf Fentreposage en plein air, le stationnement et le chargement, Wont lieu A Pext6rieur d'un hitiment. Ne vise pas les installations de production du cannabis. (light industrial use) << usage forestier Pusage d'un terrain, d'un bAtiment ou d'une construction A des fins de culture, de gestion ou de r6colte des ressources ligneuses de tout agr6gat de terrains, mais ne vise pas la fabrication et la transformation de ces ressources et les installations de production du cannabis. product, shall be considered accessory to any Special Industrial Use, but does not j-ft-*Vpjr—jn o �.Atrin.Livw�v .&�Uvrocess r�awr petrochemical materials. A cannabis production facility and a cannabis processing facility are not included. (usage industrielparticulier) 2. Section 3.1 is amended by deleting the definition for "medical marijuang production facility" << usage industriel particulier >> Usage industriel servant principalement A une ou plusicurs des fins suivantes : a) la fabrication ou I'assemblage de produits ayant recours � des technologies innovatrices ou h des technologies de pointe entramant la cr6ation d'une valeur consid6rable ou 1'ajout d'une valeur consid6rable A ces produits; b) les usages de recherche et de d6veloppement ayant recours A des technologies innovatrices ou A des technologies de pointe. c) Les bureaux d'exposition int6rieurs, les aires de soutien technique ou 1'entreposage, le transport ou la distribution des produits sont r6put6s accessoires A tout usage industriel particulier. Ne sont pas vis6s les usages industriels visant la produits p6trochimiques. r4ff - ; WIT11 �#T#T du cannabis et les installations de transformation du cannabis. (special industrial use) << vente au d6tail g6n6rale >) La vente de biens, d'articles, de marchandises, de substances, de produits ou de choses diverses au public, et peut viser leur entreposage accessoire et leur entretien, mais ne vise pas les usages de vente au d6tail du cannabis. (retail general) F4. L'article 3.1 est modifi.6 par suppression de la d6finition d<< installation de production de marihuana th6rapeutique >>. 3. Section 3.1 is amended by adding 3. L'article 3.1 est modifi.6 par the following definitions: insertion des d6finitions suivantes : "cannabis" means cannabis as defined by Cannabis Act. (cannabis) "cannabis processing facility" means any use of land, building, or structun-i involving: (a) the processing of raw Cannabis materials; cannabis. (cannabis) << installation de production du cannabis >> Installation on lieu titulaire d'une licence d6livr6e par le Gouvemement du Canada en vertu de la Loi sur le cannabis Fautorisant A cultiver, h produire, A analyser, A d6truire, A entreposer ou A distribuer le cannabis, mais ne vise pas les (b) the making, testing, manufacturing, assembling or in any way altering the chemical or physical properties of semi- finished or finished goods and products involving cannabis; or (c) the storage or transhipping of materials, goods and products. A cannabis processing facility includes, but is not limited to the laboratory testing, research and development and the production of pharmac- • •1 products. (installation de transformation du cannabis) 44cannabis production facility" means a facility or premises licensed by the Government of Canada pursuant to the Cannabis Act for growing, producing, testing, destroying, storing, or distributing cannabis, but does not include cannabis retail use. (installation de production du cannabis) "cannabis retail" means the sale of general public. (vente au d6tail A cannabis) ,t 4. Subsection4.2(b) is amended deleting the followiISI ng words under following headings: Use Minimum Number of Required Parking Spaces usages de vente an d6tail du cannabis. (cannabis production facility) o installation de transformation du cannabis >> Terrains, bitiments ou constructions servant, selon le cas : .?) A la transformation du cannabis bn1.J b) A la cr6ation, a Fanalyse, A la fabrication, A I'assemblage ou A la modification de quelque mani&re que ce soit des caract6ristiques chimiques ou �ir*#.Wes ou finis contenant du cannabis; C) a Fentreposage ou au transbordement de mati&es, de biens et de produits. Td ln% I cannabinoldes, la recherche et le d6veloppement ainsi que la production de produits assimil6s aux produits pharmaceutiques. (cannabis processing facility) 11regmr Ir '0 by 4. Le paragraphe 4.2b) est modifi6 par the suppression des mots suivants sous les titres suivants : Medical I per 200 square metres Marijuana for the first 2,000 square Production metres plus I per 500 Facility square metres of additional floor area 5. Subsection 4.2(b) is amended by adding the following words under th+ following headings: Use mum Number of Required Parking Spaces Cannabis I per 50 square metres Processing Facility Usage Nombre minimal d'emplace ments de stationnement obligatoires Installation un par 200 m6tres caff6s, de plus un par 500 tn�trcs production carr6s au-delA de de 2 000 m6tres carr6s 5. Le paragraphe 4.2b) est modifi6 par Usage Nombre minimal d'emplacements de stationnement obligatoires Installation un par 50 metres carr6s de transformat Cannabis 1 per 200 square metres Production for the first 2,000 square Facility metres plus 1 per 500 square metres of additional floor area Cannabis less than 5,000 square Retail metres: I per 30 square metres greater than 5,000 square metres: I per 25 square metres Installation un par 200 m6tres carr6s, de plus un par 500 m6tres production carr6s au-delA d,,- W.,,-,,-qnnabis 2 000 m6tres car-r6s Vente au mains de 5 000 metres d6tail du carr6s : cannabis un par 30 metres carr6s plus de 5 000 metres carr6s : un par 25 metres carr6s 6. Section 9.20 Medical Marijuana 6. L'article 9.20 Installations de Production Facilities is repealed. production de marihuana th6rapeutique est supprim6. 7. The following section is added 7. L'article qui suit est insd immediately following section 9.19: imm6diatement apr&s I'article 9.19 Where permitted by this by-law, a cannabis production facility is subject to the following requirements: "a) all functions associated with a cannabis production facility shall be conducted within a completely enclosed building; (b) no lot containing a cannabis production facility shall be permitted within 150 in of sidential zone or a Rl"ROD41 a I I g -rig -11 1 V-14 w OR 9 1 U-01101 I 'M IYA am N_ [w, I mr, •Is) •62 U •t$14 101*11 Los •a rao) I I IVA N72 go I vis 4 111 A ug 9.20 Installations de production du cannabis LA oit le pr6sent arrdt& les permet, les 44wA� # •• •• aux conditions suivantes a) toutes les activit6s rattach6es A Finstallation de production du cannabis sont exerc6es A l'int6rieur d'un bAtiment compl6tement ferm6; b) il est interdit d'am6nager une installation de production du cannabis a i1Ph&"tP-_'44 'iWAQ44-ty. d'un lot sur lequel se trouve une dcole publique ou priv6e existante, distance mesur6e a partir de la limite de propri6t6; c) 1'entreposage A I'air libre rattachd A est interdit. 8. The following section is added 8. L'article suivant est i n s 4199 immediately following section 9.20: imm6diatement apr6s I'article 9.20: Where permitted by this by-law, cannabis retail is subject to the following requirements: E-A oA le pr6sent arrdt6 la permet, la vente au d6tail du cannabis est •• +• aux conditions suivantes : a) la vente au d6tail du cannabis est interdite sur un lot situ6 A moins de 300 in d'un lot sur lequel se trouve une 6cole (maternelle A la huiti�me ann6e) ou une 6cole (neuvi&me A la douzi6me ann6e), (b) a lot being used for cannabis retail shall be at least 1000 m away from another lot also being used for cannabis retail measured to the property line. 1. Section 11 is amended by adding to Table 11-1 the following words under the following headings: Use Zone Permitted Cannabis CRC CBP CR Processing Facility Cannabis CU CRC CC CR CG Retail 10. Subsection 11.1(1) is amended by adding the words "Cannabis Retail, subject to section9.21;" immediately after the words "Business Office, subj ect to paragraph EMMEM, (a) adding the following words "Cannabis Processing Facility;" immediately after the words "Business Office;", and (b) adding the following words "Cannabis Retail, subject to section 9.21;" immediately after the words "Cannabis Processing Facility;". distance mesur6e A partir de la imute Cie propri6t6; b) la. vente an d6tail du cannabis est interdite sur un lot situ6 A moins de 1000 m d'un autre lot servant aussi A, la vente an d6tail du cannabis, distance mesur6e � partir de la limite de propri6t6. 12. Subsection 11.4(l) is amended by adding the following words "Cannabis Processing Facility;" immediately after the words "Business Support Service;". 13. Subsection 11.5(l) is amended by adding the following words "Cannabis lKetail, subject to section 9.2 1;" immediately after the words "Business Support Service;". 14. Subsection 11.6(l) is amended by: 9. L'article 11 est modifi6 par adj onction, au tableau 11 - 1, des mots suivants sous les titres suivants : Usage Zone oii permis Installation CRC G CR de transformatio n du cannabis Vente au CU CRC CC CR CG d6tail du cannabis 10. Le paragraphe 11. 1 (1) est modifi6 -tar insertion des mots << vente au d6tail du cannabis, sous r6serve de ]'article 9.21; >> 66ate-".ezt a7,r6s les Nm*ts << on coll6ge; >>. a) par insertion des mots << installation de transformation du cannabis; )> de services d'urgence; >>; b) par insertion des mots << vente au. d6tail du cannabis, sous r6serve de I'article 9.21; >> imm6diatement apr6s les mots << universit6 on coll6ge; >>. 12. Le paragraphe 11.4(l) est modifi6 r�)ar insertion des mots o installation de transformation du cannabis; >> de recherche et de d6veloppement; >>. 13. Le paragraphe 11.5(l) est modifi6 par insertion des mots << vente au d6tail du cannabis, sous r6serve de I'article 9.21; >> imm6diatement apr6s les mots << studio de toilettage d'animaux familiers; >). 14. Le paragraphs 11.6(1) est modifi6: (a) adding the following words "Cannabis Processing Facility;" immediately after the words "Accommodation;", (b) adding the following words "Cannabis Retail, subject to section 9.21;" immediately after the words "Cannabis Processing Facility;and ,c) adding the following words "Cannabis Retail, subject to section 9.21; " immediately after the words "Business Office, subject to paragraph 11.6(3)(d);" in the list of permitted uses under Regional Commercial Centre, 15. Subsection 11.7(l) is amended by adding the following words "Cannabis Retail, subject to section 9.2 1;" immediately after the words "Business Office, subject to paragraph 1 1.7(3)(b);". 16. Section 12 is amended by deleting from Table 12-1 the following words under the following headings: Use Zone Permitted Medical IM III Marijuana Production Facility 17. Section 12 is amended by adding to Table 12-1 the following words under the following headings: Use Zone Permitted Cannabis 1L IM Processing Facility Cannabis IM 114 Production Facility, subj ect to section 9.20 a) par insertion des mots o installation de transformation du cannabis; >> imm6diatement apr&s le mot << h6bergement; >>; b) par insertion des mots << vente au d6tail du cannabis, sous r6serve de I'article 9.2t; >> im16diatement apr&s les mots << station-serviee, sous r6serve du paragraphe 11.6(3)a); >>; c) par insertion des mots << vente au d6tail du cannabis, sous r6serve de I'article 9.21; >> imm61iatement apr&s les mots << studio do toilettage d'animaux familiers; >> dans la liste des usages permis dans un centre commercial r6gional. 15. Le paragraphe 11.7(l) est modifi6 par insertion des mots << vente au d6tail du cannabis, sous r6serve do Farticle 9.21; >> imm6diatement apr6s les mots << vente accessoire de v6hicules; >>. 16. L'article 12 est modif16 par la suppression, au tableau 12-1, des mots suivants sous les titres suivants : Usage Zone oii per is Installation IN4 H4 de production de marihuana th6rapeutique 17. L'article 12 est modifi6 par adjonction, au tableau 12-1, des mots suivants sous les titres suivants : — Usage Zone ou' permis Installation IL W de transformatio n du cannabis Installation 11\4 III de production du cannabis, sous do I'article 9.20 18. Subsection 12.1(1) is amended by 18. Le paragraphe 12.1(1) est modifi6 ,zdding the following words "Cannabis Processing Facility;" immediately after th* words "Business Support Service;". 19. Subsection 12.2(l) is amended by deleting the words "Medical Marijuana Production Facility, subject to section 9.20;". (a) adding the following words "Cannabis Processing Facility;" immediately after the words "Business Support Service;", and (b) adding the following words "Cannabis Production Facility subject to section 9.20;" immediately after the words "Cannabis Processing Facility;". 21. Subsection 12.3(l) is amended by deleting the words "Medical Marijuana Production Facility, subject to section 9.20;". 22. Subsection 12.3(l) is amended by adding the following words "Cannabis Production Facility, subject to section 9.20;" immediately after the words "Bulk Fuel Storage Depot;", IFIN 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. 2018 and signed by- Mayor/Maire par insertion des mots <<mstallation cte transformation du cannabis; >> invc-.&iiateneAt,?fr&_ �P_ �,<< ix�%t?ikti�+Xl de recherche et de d6veloppement; >>. 19. Le paragraphe 12.2(l) est modifi6 par suppression des mots << installation de production de marihuana th6rapeutique, sous r6serve de Particle 9.20; >>. REEM a) par insertion des mots o installation de transformation du cannabis >> imm6diatement apr6s les mots << installation de recherche et de d6veloppement; >>; b) par insertion des mots << installation de production du cannabis, sous r6serve de Particle 9.20; )> in1m6diatement apr�s les mots << installation de distribution; C. 1. Le paragraphe 12.3(l) est modifik [!ar suppression des mots o installation _& production de marihuana th6rapeutique, sous r6serve de Particle 9.20; >>. 22. Le paragraphe 12.3(l) est modifi6 par insertion des mots << installation de production du cannabis, sous r6serve de Particle 9.20; >> imm6diatement apr6s les mots o gare de triage; >>. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr6t6 le 2018, avec les signatures suivantes First Reading April 9, 2018 Premi&re lecture le 9 avril 20 Second Reading April 9, 2018 Deuxi�me lecture le 9 avril 20 Third Reading Troisi&me lecture A LAW TO AMEND THE ZONING BY-LAW JIF TVE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: I Amending Schedule A, the Zoning g-t-:o6m wozvning a. parcel of land having an area of approximately 1.13 hectares, located at 10- 40 High Ridge Road, also identified as a portion of PID No. 00050575 from Future Development (FD) to One -Unit Residential (RI) pursuant to a resolution adopted by Common Council under Section 59 of the Community Planni&_y Act. - all as shown on the plan attached hereto and forming part of this by-law. 1'.N- WITNESS WHEREOF The City of Saint John has caused the Corporate G#aw-me-A_*f tke sai?, City t*!t@xffixCj, to this by-law the * day and signed by: Mayor/Maine ARRETE N` C.P. 111-54 ZONAGE DE THE CITY OF SAINI JOHN Lors dune r6union du conseil communal, The City of Saint John q d6cr&6 cc qui suit: L'arrdt& de zonage de The City of d6cemb" 2014, est modifi6 par: 1 La modification de Vannexe A, Carte de zonage de The City of Saint John, NID 00050575, de zone d'amenagement futur (FD) A zone r6sidentielle unifamiliale (Rl) conform6ment A une r&-&A&kn ak#V&Sz en vertu de Particle 59 de la Loi sur Purbqx isme. F r .NVOTOM11W1 fjifiRW1110 le plan oint et font partie du pr6sent arr&& EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr&6 le 2018, avec les signatures suivantes '. Common Clerk/Greffier communal First Reading - April 9, 2018 Premi6re lecture le 9 avril 2018 Second Reading - April 9, 2018 Deuxi6me lecture le 9 avril 2018 Third Reading - Troisi6me lecture Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe ((A)) de I'Arr6t6 de zonage de The City of Saint John Future Development Zone d'am6nagement futu r One -Unit Residential FD IM R1 Zone r6sidentielle unifamiliale Pursuant to a Resolution under Section 59 of the Community Planning Ali Codorm6ment A une resolution 7dopt6e par le conseil municipal en vert de I'article 59 de la Loi sur l'urbanisme I RUM That, pursuant to Section 59 of the Community Planning Act, the development ana Visp-M-rM, parcel of land with an area of approximately 11,315 square metres, located at 10, 20, 40 High Ridge Road be subject to the following conditions: a) That any development of the site be in accordance with a detailed site plan to be prepared by the proponent and subject to the approval of the Development Officer, indicating the location of all buildings, structures, parking areas driveways, loading areas, signs, exterior OWMFoic", -*i*j&-fjamqe- area s -ame n it-vLaL=sF- e d estri a n ci rcu I ati on e I e m e nts a n d oth e r site features. This site plan is to be attached to the application for the building permit for the proposed development and all site improvements illustrated on the plan must be completed within one year of completion of the building; b) The owner/developer's engineering consultant must provide an engineered storm drainage submission and engineered design report indicating how storm water collection and disposal will be handled. If any municipal infrastructure improvements are required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. Prior to determining this, detailed engineering plans and a design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval by the City. No storm water is to be directed to adjacent lands without approval from that landowner. c) Private drainage easements must be provided for each developed lot if any drainage is to be discharged to the adjacent private land owner to the rear of these lots. d) The design of the sanitary sewer connections must be submitted to the City for review and approval. If any municipal infrastructure improvements are required to service this proposal, il will be the owner/developer's full responsibility and cost to complete. COUNCIL REPORT M&C No. 2018-122 Report Date April 13, 2018 Meeting Date April 23, 2018 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Demolition of vacant, dilapidated and dangerous building at 251 Rockland Road (PID# 25924) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Rachel Van Wart J Hamilton/A Poffenroth Jeff Trail RECOMMENDATION Your City Manager recommends that Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, to arrange for the demolition of the building at 251 Rockland Road (PID#25924), in accordance with the applicable City purchasing policies. EXECUTIVE SUMMARY The purpose of this report is to advise Council that a Notice to Comply was issued under Part 13 of the Local Governance Act for the building at 251 Rockland Road. The hazardous conditions outlined in the Notice have not been remedied by the owner within the required time frame and staff is looking for authorization from Council to arrange the demolition of the building. PREVIOUS RESOLUTION N/A REPORT Inspections of the property at 251 Rockland Road have revealed that there is one building on the premise; a three-storey, two -unit, wood framed building with a three door attached garage at the rear. Staff first became aware of the property's vacancy in February 2017 and began standard enforcement procedures, however the property was previously pursued under the Minimum `W -2 - Property Standards Program with a 2011 Court Order registered on title. The property is located in the City's North End in a mid -rise residential zone. The building is a hazard to the safety of the public by reason of being open, vacant, by reason of dilapidation and by reason of unsoundness of structural strength. For the reasons described in the attached Inspection Report, a Notice to Comply was issued on March 5, 2018 and was posted to the front entrance of the building on March 6, 2018 as per section 132(3) of the Local Governance Act that outlines acceptable methods of service. The Certificate of Registered Ownership for the building lists one individual as the registered owner. The building has been confirmed to be abandoned by the bank and attempts to contact the property owner, who has gone bankrupt, have been unsuccessful. The property has been left open and abandoned. The Notice provided the owner with 30 days to remedy the conditions at the properties. During this time no appeal was formally requested. A compliance inspection was conducted on April 6, 2018 which revealed that the conditions which gave rise to the Notice have not changed since the Notice was issued. Attached for Council's reference is the Notice to Comply that was issued and the affidavits attesting to service on the owner via posting and personal service. Also included are photographs of the buildings. The Local Governance Act indicates that where a Notice to Comply has been issued arising from a condition where a building has become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, the municipality may cause the building to be demolished. As required in the Act a report from an engineer is attached, forming part of the issued Notice to Comply, and provides the evidence to the buildings' vacancy, dilapidation, unsoundness of structural strength and resulting hazard to the safety of the public. A copy of the letter advising of the Common Council Hearing date and affidavit is attached; it was posted to the front of the building on March 27, 2018 and sent to encumbrances via registered mail. STRATEGIC ALIGNMENT Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law aligns with Council's Vibrant, Safe City priority. SERVICE AND FINANCIAL OUTCOMES As is written in the Local Governance Act that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior to starting demolition activities at this property. Cost of the demolition work is approximated at $15,000 and will take about 2-4 weeks before it is complete. To accelerate the demolition process, staff will seek competitive -3 - bidding by issuing the Request for Quotation prior to Common Council approval, with a closing date and award of contract (pending Council approval) occurring on April 25, 2018. This is in accordance with the City's purchasing policy and the cost of the work will be billed to the property owners. If the bill is left unpaid, it will be submitted to the Province with a request for reimbursement. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Solicitor's Office provided ownership verification by obtaining the Certificate of Registered Ownership for the property. Additionally, the City Solicitor's Office registered the Notice to Comply with Service New Brunswick's Land Registry. ATTACHMENTS Notice to Comply and Inspection Report Affidavit of Posting - Notice to Comply Affidavit of Posting - Notice of Common Council Hearing Letter Photos `ff- A F01,11A I NOTICE TO COMPLY �(_Munick,zalities Act', R. "NBI A' c.M-22, s.190.01(3)) Address: 251 Rockland Road, Saint John, New Brunswick Name: Connelly, Peter Kenneth FORMULEI AVIS DE CONFORMITE I'Loi sur les munic' %a '. H -v, L.R.N.-B. de 1971 ch. M-22, par. 190.01(3)) 1 3 =�I Adresse: 251, rue Rockland, Saint John, Nouveau - Brunswick Propri6taire(s) on occupant(s) : Nom : Connelly, Peter Kenneth Address: 251 Rockland Road, Saint John, New Adresse: 251, rue Rockland, Saint John, Nouveau - Brunswick, E2K 3K3 Brunswick, E2K 3K3 By-law contravened: Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, By- law Number M-30 and amendments thereto (the "By- law"). Municipalit6 signiflant I'avis : City of Saint John Arr&6 enfreint : Arrjte relatif aux lieux inestheliques et aux b6timents et constructions dangereux de Saint John, Arr&6 num6ro M-30, ainsi que ses modifications ci-aff6rentes (1' << Arret6 )>). Provision(s) contravened: Subsections 131(1), 131(2) Disposition(s) enfreinte(s) : Les paragraphes 131(1), and 131(3) of the Local Governance Act, S.N.B. 2017, 131(2) et paragraphs 131(3) de la Loi sur la c. 18 and amendments thereto. gouvernance locale municipalites, ainsi que les modifications aff6rentes. The Land Registry Forms Regulation - Municipalities Act, New Brunswick Regulation 2007-22, which prescribes that a Notice to Comply shall be in Form 1, remains valid and continues to be in force pursuant to section 196 of the Local Governance Act. Description of condition(s): The premise is unsightly by permitting junk, rubbish, refuse and a dilapidated building to remain on the premise. The building has become a hazard to the safety of the public by reason of being vacant or unoccupied and has become a hazard to the safety of the public by reason of dilapidation and by reason of unsoundness of structural strength. The conditions of the building and premise are described in Schedule "A", a true copy of the inspection report dated March 5, 2018 prepared by Rachel Van Wart, EIT, By- law Enforcement Officer, reviewed and concurred in by Amy Poffenroth, P. Eng., By-law Enforcement Officer. Remedy or remedies required: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report. and bring the building and premises into compliance with the aforesaid By-law. Le Reglement stir les formules du registre de bien- finds — Loi sur les municipalites, Reglement 2007-22 du Nouveau -Brunswick, qui prescrit qu'un avis de confonnit& doit etre 6tabli selon la forniule 1, demeure valide et reste en vigueur en vertu de ]'article 196 de la Loi sur la gouvernance locale. Description de la (des) condition(s) : Les lieux sent inestlietiques en permettant la pr&sence de ferraille, de d6tritus et le bdtiment d6labr6. Le bAtiment est devenu dangereuse pour ]a s6curit6 du public du fait de son inhabitation ou de son inoccupation et est devenu dangereuse pour la s6curit6 du public du fait de son d6labrement et du fait de manque de solidit6. Les conditions du bdtiment et des lieux sont d6crites A ]'annexe << A>>, une copie conforme du rapport d'inspection en date du 5 mars 2018 et pr6par6 par Rachel Van Wart, IS, une agente charg6 de 1'ex6cution des arr&6s municipaux, r6vis6 et en d'accorde avec par Amy Poffenroth, ing., une agente charg6 de 1'ex6cution des arr&6s municipaux. Mesure(s) A prendre : La propri6taire doit restaurer les conditions en se conformant aux recommandations du rapport d'inspection susmentionn6 et d'amener le bdtiment et les lieux en conformit6s avec I'Arr&6. In the event that the owner does not remedy the Dans 1'6ventualit6 que la propri&taire ne rem6dient pas condition of the building and premises in the time le bAtiment et les lieux dans le temps prescrit par le nri-QrrihPt1 hif tliic NTnf;t,, to C-1— fl— ­­ —A-4 ­­ A- ___4r_-1.2: I- 1_n-*_____- 11 premises will be disposed of as the corrective action to address the hazard to the safety of the public. The aforementioned remedial actions relating to the demolition of the building and the disposal of debris and items on the premises do not include the carry -out clean- up, site rehabilitation, restoration of land, premises or personal property or other remedial action in order to control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. Date by which the remedy or remedies must occur: l a) The demolition of the building, clean-up of the property and related remedies must be complete, or plans and permit applications for repair related remedies, must be submitted: within 30 days of being served with the Notice to Comply. b) The repair related remedies must be complete within 120 days of being served with the Notice to Comply. Date by which notice may be appealed: Within 14 days of being served with the Notice to Comply. Process to appeal: The owner may within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Ilan — 8"' Floor, 15 Market Square, Saint John, New Brunswick, E2L 4LL Potential penalty for non-compliance within specified time:z Subsection 136(1) of the Local Governance Act states that a person who fails to comply with the terms of a Notice to Comply given under subsection 132 of the said tact, commits an offence that is punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence. Where an offence under subsection 136(1) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph 136(3) (b)(i)- Municipality's authority to undertake repairs or re edy:3Paragraphs 137(1)(a), 137(1)(b) and 137(1)(c) of the Local Governance Act state that if an owner or occupier does not comply with a Notice to Comply autres items sur les lieux seront dispos6s comme mesure corrective dans le but de rem6dier le danger pour la s6curit6 du public. Les mesures correctives susmentionn6es relativement A la d6molition du batiment et la disposition des d6bris ct autres items sur les lieux ne comprennent pas le nettoyagc, la remise en 6tat des lieux, des terrains ou des biens personnels ou toute autre mesure corrective dans le but de controler on de r6duire, d'elimincr le d6versement, de modifier le mode de d6versement ou le d6versement d'un polluant dans on sur Penvironnement ou toute partie de 1'environnement. Date a laquelle la on les mesures doivent Etre prisesi : a) La d6molition du batiment et le nettoyagc des lieux doivent etre complet66s, ou a laquelle les plans et demande de permis pour les mesures des reparations, doivent etre soumises, dans les 30 jours qui suivent la signification de l'avis de conformite. b) Les r6parations relies aux mesures doivent etre compl6t6es dans les 120 jours qui suivent Ia signification de 1'avis de conforrnite. Date A laquelle un appel de 1'avis peut Etre d6pos6: Pians les 14 jours qui suivent la notification de Pavis de conformit6. Processus d'appel : La proprietaire peux dans les 1.4 jours qui suivent la notification de Pavis de conformite, envoye un avis d'appel par courrier recommand6 a la greffj&e communale de la municipalit6, a The City of Saint John, tdifice de I'hetel de ville, 8e 6tagc, 15 Market Square, Saint John, Nouveau -Brunswick, E21. 4L1. P6nalit6 possible pour non-conformit6 dans le d6lai prescritz : Le paragraphe 136(1) de la Loi sur la gouvernance locale pr6voit quiconque omet de se conformer aux exigences formulees dans un avis de conformite notifie aux teretes de I'article 132 de ladite loi, commet une infraction qui est punissable en vertu de la partie 2 de la Lai sur la procedure applicable aux infractions provinciales a titre d'infraction de la Glasse F. Lorsqu'une infraction prevue an paragraphe 136(1) se poursuit pendant plus d'une journee, I'amende mimmale qui peut etre imposee est I'amende minimale prevue par la .Loi sur la procedure applicable aux infractions provinciales pour une infraction de la Glasse F multipli6e par le nombre de jours pendant lesquels ]'infraction se poursuit conform6ment a I'alinea 136(3)(b)(1). Pouvoir de la municipalit6 d'entreprendre les r6parations on de prendre les mesureS3 : Conformement aux alin6as 137(1)(a), 137(1)(b) et 137(1)(c) de la Lai sur la kouvernance locale, si un subsection 137(3) of the Local Governance Act states that the cost of carrying out such work, including any associated charge or fee, is chargeable to the owner or occupier and becomes a debt due to the local government. atcd at. Saint John thea day of March, 2018 Municipality: The City of Saint John Signature of Municipal Officer: comite du conseil on par un juge en vertu le paragraphe 137(3) de ladite loi, la municipalite peut faire nettoyer ou reparer les lieux de ce proprietaire on de cet occupant ou de faire reparer on demolir le batiment on autre construction de ce proprietaire ou de cet occupant, et les cofits afferents a i'execution des ouvrages, y compris toute redevance ou tout droit connexe, sont mis a la charge du proprietaire on de i'oecupant et deviennent une creance du gouvernement local. Fait a Saint John le _ mars, 2018. Municipalite : The City of Saint John Signature de la representante municipale: 1111111111 inn 1K, I Natne: Rachel Van Wart, EIT Mailing address: Growth and Community Development Services The City of Saint John. 15 Market. Square City }fall Building, 10"' Floor P. O. Box 1971.. Saint John, New Brunswick L2L 4L1 Telephone: (506) 658-2911 Telecopier: (506) 632-6199 Email: rache i.vanwa:rt(cr lg t plrn Via. Seal of municipality Notes: R% 1. All appropriate pen -nits must be obtained and all relevant legislation must be complied with in the course of carrying out the required remedial action. 2. Payment of the fine does not alleviate the obligation to comply with the by-law, standard or notice to comply. 3. Costs become a debt due to the municipality and may be added to the joint municipal and provincial Real Property Assessment and Tax Notice. Nom: Rachel Van Wart, IS Adresse postale: Service de la Croissance et du D6veloppement Communautaire The City of Saint John 15 Market Square edifice de Ph6tel de ville, i Oe etage Case postale 1971 Saint Jahn (Nouveau -Brunswick) E21, 4L1 Telephone: (506) 658-2911 Telecopieur : (506) 632-6199 Courriel: rachet.vanwartg5aipl'�)hn.c; Sceau de la municipalite Notes : 1. Tons les perms prescrits doivent etre obtenus et toute la legislation pcninente don etre respecter, pendant 1'execution de la mesure de recours. 2. Le paiement de l'amende n'annule pas l'obligation de respecter 1'arrete, la norme on ]'avis de conformitd. 3, Les couts deviennent une dente envers la municipalite et peuvent etre ajoutes a ]'avis devaluation et d'imp6t foncier municipal et provincial. 251 Rockland RIII oad Saint John, New Brunswick PID# 25924 Inspection Date: December 20, 2017 Inspection Conducted by: Rachel Van Wart, Ell this day of 201L, 1��=, . .... ..... . Sty dards Officer Inspections of the property at 251 Rockland Road, PID# 25924, have revealed that there is one building on the premise (the "Building"); a three-storey, two -unit, woodframed building with a three door attached garage at the rear. Staff first became aware of the property's vacancy in February 2017 and began standard enforcement procedures, however the property was previously pursued under the Minimum Property Standards Program with a 2011 Court Order registered on title. The property is located in the City's North End in a mid -rise residential zone. The Building is a hazard to the safety of the public by reason of being open, vacant, by reason of dilapidation and by reason of unsoundness of structural strength. The Building is not in compliance with the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, By-law Numberand amendments thereto ATE, ''J"ITF, Subsection 131(1) of the Local Governance Act states: No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises (a) any ashes, junk, rubbish or refuse; (b) an accumulation of wood shavings, paper, sawdust or other residue of production or construction; (c) a derelict vehicle, equipment, machinery or the body of any part of a vehicle equipment or machinery, or (d) a dilapidated building. L There is an accumulation of junk, rubbish, and refuse on the property. These items include, but are not limited to; a mattress, box spring, discarded wooden fencing, a desk and various other loose garbage. The aforementioned accumulation of junk, rubbish, and refuse is unsightly. 2. The Building is dilapidated. The exterior of the Building on the sides and rear consists of wooden shingles that are rotten, peeling and large sections are missing in numerous locations. Portioof ns the rear wall are exposed with no cladding or vapour barrier. A portion of the front fagade consists of vinyl siding, however other portions of the front fagade are missing vapour barrier and siding, with wooden walls exposed. The front vestibule is missing siding, with framed walls, exposed plywood and peeling vapour barrier forming the wall assembly. The roof of the front vestibule is bowing with rusted metal eaves trough. The concrete foundation supporting the front vestibule of the Building is deteriorated with portions of the walls leaning and cracked. There is graffiti on one of the rear 16TT"KA1�9'al. 11-- a two storey drop to grade on the right of the Building. Windows on the gro floor of the Building on the left side are boarded; windows on other storeys a] broken with glass hanging. -Vacant and Unoccupied Subsection 131(2) of the Local Governance Act states: �V11 s I t a bui ing or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of being vacant or unoccupied. The Buildings is a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: 1 . The Building continues to be found open during routine inspections. Buildings in dilapidated condition and left unsecured from public entry can attract vandalism, arson and criminal activity. There are currently two points of entry to the Building; the front door to the main floor unit and the front door to the second floor unit, both accessible through the front vestibule. The front door to the main floor unit provides unrestricted access to the unit and the entire basement. There are two police reports on file dated November 29, 2017 and December 19, 2017, both report open doors and damage to the interior of the Building. The City of Saint John has also received numerous citizen complaints regarding the state of the Building. The City of Saint John Finance department confirmed that the water has been turned off since October 2015. Saint John Energy confirmed that the power has been turned off since April 2016. There is a higher risk of a fire event occurring at the property since it is known to the public that the Building is vacant and because it has been left open and abandoned. The Building is adjacent to a single family home at 255 Rockland Road and a 7 -unit building at 10 First Street. Two properties away at 267 Rockland Road is a special care home with at risk occupants. If a fire event were to occur within the Building it could potentially spread to the neighboring properties which could cause significant damage to the buildings and endanger the lives of the occupants. There is a concern for emergency personnel safety in the event of a fire or emergency. If firefighters suspect there may be people inside the Building, it would be reasonable to expect they may be required to enter the Building. The interior conditions of the Building are not known to firefighters which pose a hazard to their safety and others who may be inside in the event of a fire. The interior inspection found a significant amount of discarded, combustible construction material in the basement main floor garage. In addition, there are various discarded household objects and construction material and debris throughout the interior of the Building. The stairs leading to the basement are dangerous as the stair treads are unsafe and deteriorated. The only accessible exits in and out of this large building are the front doors. The lack of exiting may restrict the movement of emergency personnel and limit their ability to respond to an emergency situation. These items and hazards could restrict the movement or cause injury to emergency personnel should they need to gain entry. Subsection 1.31(3) of the Local Governance Act states ••e shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. The Building is a hazard to the safety of the public by reason of dilapidation for the following reasons: The exterior of the Building is dilapidated and hazardous. Wooden shingles ar* loose and hanging in numerous locations on the exterior of the Building. There is broken glass hanging from an upper storey window on the left hand side of th* Building. The concrete foundation supporting the front vestibule of the Building is deteriorated with portions of the walls leaning and cracked. The concrete walkway at the front of the Building is broken and cracked. This could cause a tripping hazard for those attempting to enter the Building, emergency personnel, mail service or otherwise. Exits at the side and rear of the Building do not have stairs to grade. The deck the right side of the Building has the stairs removed. Two exits, both on the thi oor, one at the rear of the Ru "din do not have landings or stairs, wit the interior doors leading to a single stor droR ta th�,z, on the right of the Building. There is a basement window that is open and missing and accessiblefrom. th* front of the Building into the basement. This open space could allow for animals to enter and cause further damage to the structure. There is a significant amount of discarded, combustible construction material in the basement main floor garage. This large fire load could become extremely hazardous if ignited. There is water damage throughout the interior of the Building on the walls a ceilings. The lack of a complete building envelope protecting the structure fro precipitation and weathering, will only cause the Building to further deterioralt, _I There is construction debris throughout, with lathe, plaster and insulati removed from the walls in some locations, exposing severe water damage of t exterior walls. The stairs leading to the basement are dangerous as the stair treads are unsafe a deteriorated. Tripping, falling or failure of the stair system could cause sevel injury to those entering the Building. There are nails protruding from discarded objects in basement, causing hazardo conditions for anyone who may enter the Building. I Subsection 131(3) of the Local Governance Act states No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. The Building is a hazard to the safety of the public by reason of unsoundness of structural strength for the following reasons: 1. The floors are sloping in the Building which indicates significant movement in the structural components of the Building. 2. The concrete foundation supporting the front vestibule of the Building is deteriorated with portions of the walls leaning and cracked. Some cracks are at least one inch wide. In addition, there are numerous other cracks in the Building foundation. Repairs to cracks are visible in the basement of the Building. The owner must comply with one of the two options stated below: Option 1: Remedy the conditions of the Building through all repair and remedial actions as follows: 1. The Building must be must be completely repaired to remedy the above mentioned hazards to public safety while meeting the requirements of the National Building Code ref Canada (2010) as well as all other applicable by-laws. 2. The Building must be maintained, kept secure, and monitored on a routine basis while the property remains vacant or unoccupied. 3. A detailed plan must be submitted to the Growth and Community Development Services Department of the City of Saint John (the "Department") for review and approval. The plan should also include a schedule for the work that is to be carried out. The repaired Building must meet the National Building Code of Canada (2010) as well as other applicable codes. 4. The detailed plan, including schedules and any engineering reports, must be approved by the Department prior to commencing repair work. 5. A building permit must be obtained for any and all applicable work prior to commencing said work from the City of Saint John in order to comply with the Saint John Building By-law, By-law Number C.P. 102 and amendments thereto (the "Saint John Building By-law"). 6. The premise must be cleared of all debris found on the property, including any and all rubbish that may be considered hazardous or unsightly. The debris from the premise must be disposed of at an approved solid waste disposal site, in accordance with all applicable by-laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. The premise must comply with all applicable By-laws, Acts, Codes and Regulations. Option 2: Demolition of the Building and cleanup of all debris on the premise by complying with all the remedial actions as follows: The -,tremise must be_�kam,-#1 4-if-JUIM"WARMIN made reasonably level with grade so as to not create a tripping or falling hazar All debris must be disposed of at an approved solid waste disposal site, and 71 accordance with all applicable By-laws, Acts and Regulations. Document proof, that clearly demonstrates an approved solid waste disposal site was used f the disposal of debris, must be provided to the Department. 4. All debris that is currently on the premise must be removed and disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, Acts and Regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 5. The property must be in compliance with all applicable By-laws, Acts and Regulations. 'Oarhel Van Wart-, EST Date/ Technical Services Officer Growth and Community Development Services Amy Poffe P. Eng Building Inspector Deputy Commissioner Growth and Community Development Services , ma, _,SAINT JOHN, N.B. (PID number of Saint John, N.B., Make Oath And Say As Follows: 1, 1 am employed by The City of Saint John in its Growth and Community Development Services Department. I have personal knowledge of the matters herein deposed except where otherwise stated. 2. On at approximately I posted a copy of the attached Notice to Comply, marked Exhibit "A" and Notice of Appeal, TIM.W411M. I I mil -,Saint John, N.B. Sworn To before me at the City of Saint John, N.B., on the day of 2018 7? ................... . ...... . RACHEL A VAN WAR"," COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEMBER 31ST. 2022 UFR P" FORM 1 to�ml_sdoner of Oaths FORMULE 1 NOTICE TO COMPLY AVIS DE CONFORMITE (Municipalities Act, R.S.N.B. 1973, (Loi sur les municipalitis, L.R.N.-B. de 1973, c. -22, s.190.01(3)) ch. M-22, par. 190.01(3)) Parcel Identifier: 25924 Numiro didentification de la parte le : 25924 Adresse: 251, rue Rockland, Saint John, Nouveau - Brunswick Propri6taire(s) on occupant(s) : 1eVr1*1WW1T1% M-FAFV-P4r-4W541T1r1 W-1 Address: 251 Rockland Road, Saint John, New Adresse: 251, rue Rockland, Saint John, Nouveail rPrunswick, E2K 3K3 Brunswick, E2K 3K3 By-law contravened: Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, By- law Number M-30 and amendments thereto (the "y- law"). Provision(s) contravened: Subsections 131(1), 131(2) and 131(3) of the Local Governance Act, S.N.B. 2017, c. 18 and amendments thereto. The Land Registry Forms Regulation - Municipalities Act, New Brunswick Regulation 2007-22, which prescribes that a Notice to Comply shall be in Form 1, remains valid and continues to be in force pursuant to section 196 of the Local Governance Act. Description of condition(s): The premise is unsight by permitting junk, rubbish, refuse and a dilapidat building to remain on the premise. The building become a hazard to the safety of the public by reason being vacant or unoccupied and has become a hazard • h reason of unsoundness of structural strength. T conditions of the building and premise are described Schedule "A", a true copy of the inspection report dat I March 5, 2018 1 repared by Rachel Van Wart. EIT. B 2; emedy or remedies required: The owner is remedy the conditions by complying with the requirl ZVA,4- and bring the building and premises into complian with the aforesaid By-law. 11 Arr&6 enfreint : Arrjte relatif aux lieux inestUtiques et aux bdtiments et constructions dangereux de Saint John, Arr&6 num6ro M-30, ainsi que ses modifications ci-affdrentes (F o Arr&6 >>). Disposition(s) enfreinte(s) : Les paragraphes 131(1), 131(2) et paragraphe 131(3) de la Loi sur la gouvernance locale municipalites, ainsi que les modifications aff6rentes. Le Reglement sur les formules du registre de bien- fonds — Loi sur les municipalit6s, R6glement 2007-22 du Nouveau -Brunswick, qui prescrit qu'un avis de conformit6 Boit etre 6tabli selon la formule 1, demeure valide et reste en vigueur en vertu de Particle 196 de la Loi sur la gouvernance locale. Description de la (des) condition(s) : Les lieux sont inesth6tiques en permettant la pr6sence de ferraille, de d6tritus et le bdtiment •: ,• Le bAtiment estdevenu dangereuse pour la s6curit6 du public du fait de son inhabitation on de son inoccupation et est devenu dangereuse pour la s6curit6 du public du fait de son d6labrement et du fait de manque de solidit6. Les conditions du bitiment et des lieux sont d6crites A Fannexe << A >>, une copie confornie du rapport d'inspection en date du 5 mars 2018 et pr6par6 par Rachel Van Wart, IS, une agente charg6 de 1'exdcution des arr6t6s municipaux, r6vis6 et en d'accorde avec par Amy Poffenroth, ing,, une agente charg6 de 1'exdcution des arret6s municipaux. Mesure(s) A prendre : La 1ropri6taire doit restaurer les conditions en se conformant aux reconm�,-yj�k du rapport d'inspection susmentionn6 et d'arnener le Nitiment et les lieux en conformit6s avec I'Arr&6. In the event that the owner does not remedy the Dans 1'6ventualit6 que la propri6taire ne rem6dient pas condition of the building and premises in the time le bdtiment et les lieux dans le temps prescrit par le premises will be disposed of as the corrective action to address the hazard to the safety of the public. The aforementioned remedial actions relating to the demolition of the buildin2 anei e Tmilis on Me premises Zio not incittue tne carry -out up, site rehabilitation, restoration of land, premises or personal property or other remedial action in order to control- or -reduce- eliminate the release alter th• W ^1 off 6 •, 91 a) The demolition of the building, clean-up of th* property and related remedies must be complete, or plans and permit applications for repair related remedies, must be submitted: within It days of being served with the Notice to Comply. b) The repair related remedies must be complete within 120 days of being served with the Notice to Comply. 1f Logy'm wervaligmaNKI lav to mo ffm k, rQE§MrIxq E Process to appeal: The owner may within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall — 8t" Floor, 15 Market Square, Saint John, New Brunswick, E2L 4LL Potential penalty for non-compliance within specified time:2 Subsection 136(1) of the Local Governance Act states that a person who fails to comply with the terms of a Notice to Comply given under subsection 132 of the said Act, commits an offence that is punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence. Where an offence under subsection 136(l) continues f more than one day, the minimum fine that may imposed is the minimum fine set by the Provinci Offences Procedure Act for a category F offen multiplied by the number of days during which t offence continues pursuant to subparagraph 136( (b(i) Municipality's authority to undertake repairs or remedy:3 Paragraphs 137(1)(a), 137(1)(b) and 137(1)(c) of the Local Governance Act state that if an owner or occupier does not comply with a Notice to Comniv autres items sur les lieux seront dispos6s comme mesure corrective dans le but de rem6dier le danger pour la s6curit6 du public. Les mesures correctives susmentionn6es relativement A la d6molition du bitiment et la disposition des d6bris et autres items sur les lieux ne comprennent pas le nettoyage, la remise en 6tat des lieux, des terrains on des biens personnels ou toute autre mesure corrective dans le but de contr6ler ou de r6duire, d'61iminer le d6versement, de modifier le mode de d6versement ou le d6versement d'un polluant dans ou sur 1'environnement ou toute partie de 1'environnement. Date i laquelle la on les inesures doivent etre prisesi: a) La d6molition du batiment et le nettoyage des lieux doivent etre compl&66s, ou A laquelle les plans et demande de permis pour les mesures des r6parations, doivent etre sounuses, dans les 30 jours qui suivent la signification de Favis de confortnit6. b) Les reparations reli6es aux mesures doivent etre compl6t6es dans les 120 jours qui suivent la signification de Favis de conformit6. Flate i laquelle un appel de Vavis peut itre d6pos-u7i- �s 14 jours qui suivent la notification de Favij, fie conformit6. Processus d1appel La propri6taire peux dans les 14 jours qui suivent la notification de Favis de confon-niteenvoye un avis d'appel par courrier recommandommunale de la municipalit6, A The City of Saint John, tdifice de Fh6tel de ville, 8' 6tage, 15 Market Square, Saint John, Nouveau -Brunswick, E21, 4LI. PinalW possible pour non-conformiti dans le d6lai prescrit2 : Le paragraphe 136(1) de la Loi sur la gouvernance locale pr6voit quiconque omet de se conformer aux exigences formul6es dans un avis de conforrnit6 notifi6 aux termes de Particle 132 de ladite loi, cominct une infraction qui est punissable en vertu de la partie 2 de la Loi sur la procMure applicable aux infractions provinciales A titre d'infraction de la classe F. Lorsqu'une infraction pr6vue au paragraphe 136(1) se poursuit pendant plus d'une journ6e, Yamende minimale qui pent etre impos6e est Famende minimale pr6vue par la Loi sur la proc6dure applicable aux infractions provinciales pour une infraction de la classe F multipli6e par le nombre de jours pendant lesquels ]'infraction se poursuit conform6ment h I'alinda 136(3)(b)(i). Pouvoir de la municipaliti d'entreprendre les reparations on de prendre les inesures3 : Conform6ment aux alin6as 137(1)(a), 137(1)(b) et subsection 137(3) of the Local Governance Act states that the cost of carrying out such work, including any associated charge or fee, is chargeable to the owner or occupier and becomes a debt due to the local government. L,tated at Saint John the day of March, 201 11 Municipality: The City of Saint John Signature of Municipal Officer: comit6 du conseil ou par un juge en vertu le paragraphe 137(3) de ladite loi, la municipalit6 peut faire nettoyer ou r6parer les lieux de ce propri6taire ou de cet occupant ou de faire r6parer ou d6molir le bdtiment ou autre construction de ce propri6taire ou de cet occupant, et les coftts aff6rents A 1'ex6cution des ouvrages, y compris toute redevance ou tout droit connexe, cont mis A la charge du propridtaire ou de I'occupant et deviennent une cr6ance du gouvernement local. Fait A Saint John le mars, 2018. Municipalit6: The City of Saint John Signature de la repr6sentatite municipale: Name: Rachel Van Wart, EIT Mailing address: Growth and Community Development Services The City of Saint John 15 Market Square City Hall Building, 10"' Floor Box 1971 Saint John, New Brunswick E2L 4LI Telephone: (506) 658-2911 Telecopier: (506) 632-6199 • Seal of municipality Notes: L All appropriate pennits must be obtain7tr_and all relevant legislation must be complied with in the course of carrying out the required remedial action. 2. Payment of the fine does not alleviate the obligation to comply with the by-law, standard or notice to comply, 3. Costs become a debt due to the municipality and may be added to the joint municipal and provincial Real Property Assessment and Tax Notice. Nom : Rachel Van Wart, IS Adresse postale: Service de la Croissance et du D6veloppement Communautaire The City of Saint John 15 Market Square Edifice de I'h6tel de ville, I Oe dtage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4LI T616phone: (506) 658-2911 T616copieur: (506) 632-6199 Sceau de la municipalit6 Notes : I. Tous les permis prescrits doivent etre obtenus et toute la 16gislation pertmente doit etre respectde, pendant 1'exdcution de la inesure de recours. 2. Lc paiement de I'amende n'annule pas l'obligation de respecter Farrdtd, la norme on I'avis de conformit6. 3. Les coots deviennent une dette envers la municipalit6 et peuvent etre Ajout6s A Pavis d'dvaluation et d'imp6t foncier municipal et provincial. 251 Rockland Road Saint John, New Br., v 'ek PID# 25924 Inspection Date: December 20, 2017 Inspection Conducted by: Rachel Van Wart, EIT this day of 201—S, Sta ands Officer Inspections of the property at 251 Rockland Road, PID# 25924, have revealed that there is one building on the premise (the "Building"); a three-storey, two -unit, wood framed building with a three door attached garage at the rear. Staff first became aware of the property's vacancy in February 2017 and began standard enforcement procedures, however the property was previously pursued under the Minimum Property Standards Program with a 2011 Court Order registered on title. The property is located in the City's North End in a mid -rise residential zone. The Building is a hazard to the safety of the public by reason of being open, vacant, by reason of dilapidation and by reason of unsoundness of structural strength. M,-,Tff r The Building is not in compliance with the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, By-law Number M-30, and amendments thereto (the "By-law"). Unsightly Premise Conditions No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises (a) any ashes, junk, rubbish or refuse; (b) an accumulation of wood shavings, paper, sawdust or other residue of production or construction; (c) a derelict vehicle, equipment, machinery or the body of any part of a vehicle equipment or machinery, or (d) a dilapidated building. I . There is an accumulation of junk, rubbish, and refuse on the property. These, items include, but are not limited to; a mattress, box spring, discarded wooden fencing, a desk and various other loose garbage. The aforementioned accumulation ofjunk, rubbish, and refuse is unsightly. 2. The Building is dilapidated. The exterior of the Building on the sides and rear consists of wooden shingles that are rotten, peeling and large sections are missing in numerous locations. Portions of the rear wall are exposed with no cladding or vapour barrier. A portion of the front fagade consists of vinyl siding, however other portions of the front fagade are missing vapour barrier and siding, with wooden walls exposed. The front vestibule is missing siding, with framed walls, exposed plywood and peeling vapour barrier forming' the wall assembly. The roof of the front vestibule is bowing with rusted metal eaves trough. The concrete foundation supporting the front vestibule of the Building is deteriorated with portions of the walls leaning and cracked. There is graffiti on one of the rear - - -- —y 'w %.Al- "I'VI Itl LIM 111aln noor garage at the rear and a two storey drop to grade on the right of the Building. Windows on the ground floor of the Building on the left side are boarded; windows on other storeys, are broken with glass hanging. -Vacant and Unoccupied No verson shall the person to become a hazard to the safety of the public by reason of being vacant or unoccupied. The Buildings is a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: I - The Building continues to be found open during routine inspections. Buildings in dilapidated condition and left unsecured from public entry can attract vandalism, arson and criminal activity. There are currently two points of entry to the Building; the front door to the main floor unit and the front door to the second floor unit, both accessible through the front vestibule. The front door to the main floor unit provides unrestricted access to the unit and the entire basement. There are two police reports on file dated November 29, 2017 and December 19, 2017, both report open doors and damage to the interior of the Building. The City of Saint John has also received numerous citizen complaints regarding the state of the Building. The City of Saint John Finance department confirmed that the water has been turned off since October 2015. Saint John Energy confirined that the power has been turned off since April 2016. 2. There is a higher risk of a fire event occurring at the property since it is known to the public that the Building is vacant and because it has been left open and abandoned. The Building is adjacent to a single family home at 255 Rockland Road and a 7 -unit building at 10 First Street. Two properties away at 267 Rockland Road is a special care home with at risk occupants. If a fire event were to occur within the Building it could potentially spread to the neighboring properties which could cause significant damage to the buildings and endanger the lives of the occupants. 3. There is a concern foremergency personnel safety in the event of a fire or emergency. If firefighters suspect there may be people de the Building, it would be reasonable to expect they may be required to enter the Building. The interior conditions of the Building are not known to firefighters which pose a hazard to their safety and others who may be inside in the event of a fire. The interior inspection found a significant amount of discarded, combustible construction material in the basement main floor garage. In addition, there are various discarded household objects and construction material and debris throughout the interior of the Building. The stairs leading to the basement are dangerous as the stair treads are unsafe and deteriorated. The only accessible exits in and out of this large building are the front doors. The lack of exiting may restrict the movement of emergency personnel and limit their ability to respond to an emergency situation. These items and hazards could restrict the movement or cause injury to emergency personnel should they need to gain entry. Q,ubsection 131(3) of the Local Governance Act states No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. The Building is a hazard to the safety of the public by reason of dilapidation for the following reasons: I The exterior of the Building is dilapidated and hazardous. Wooden shingles are loose and hanging in numerous locations on the exterior of the Building. There is broken glass hanging from an upper storey window on the left hand side of the Building. The concrete foundation supporting the front vestibule of the Building is deteri Subsection 131(3) of the Local Governance No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. strength for the following reasons: floors are sloping in B which indicates significant movement in the structural components of the Building. ft. The concrete foundation supporting the front vestibule of the Building is deteriorated with portions of the walls leaning and cracked. Some cracks are at least one inch wide. In addn, there are numerous other cracks in the Building foundation. Repairs to cracks are visible in the basement of the Building. Option 1: Remedy the conditions of the Building through all repair and remedial actions as follows: 1. The Building must be must be completely repaired to remedy the above mentioned hazards to public safety while meeting the requirements of the National Building Code of Canada (2010) as well as all other applicable by-laws. The Building must be maintained, kept secure, and monitored on a routine basis while the property remains vacant or unoccupied. I A detailed plan must be submitted to the Growth and Community Development Services Department of the City of Saint John (the "Departmenf') for review and approval. The plan should also include a schedule for the work that is to be carried out. The repaired Building must meet the National Building Code of Canada (2010) as well as other applicable codes. The detailed plan, including schedules and any engineering reports, must bF+ approved by the Department prior to commencing repair work. 56 A building permit must be obtained for any and all applicable work prior to commencing said work from the City of Saint John in order to comply with the Saint John Building By-law, By-law Number C.P. 102 and amendments thereto (the "Saint John Building By-law"). ri. The premise must be cleared of all debris found on the property, including any and all rubbish that may be considered hazardous or unsightly. The debris from the premise must be disposed of at an approved solid waste disposal site, in accordance with all applicable by-laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. The premise must comply with all applicable By-laws, Acts, Codes and Regulations. Option 2: Demolition of the Building and cleanup of all debris on the premise complying with all the remedial actions as follows: I 3. The premise must be -cleared of the debris from the demolition and the lot must be made reasonably level with grade so as to not create a tripping or falling hazard. All debris must be disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, Acts and Regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 4. All debris that is currently on the premise must be removed and disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, Acts and Regulations. Documented proof, that clearly demonstrates an approve:? solid waste disposal site was used for the disposal of debris, must be provided N', the Department. 5. The property must be in compliance with all applicable By-laws, Acts and Regulations. ufi.,. -� • a hel Van Wart, EIT _Date� Technical Services Officer Growth and Community Development Services Amy PoffenrVM, Building Inspector Deputy Commissioner Date � Z (Municipalities A ct, R.S.N.B. I ! 1171 -11 i ve"'IJ) Loi vFjr les municipalk6s, L.R.N.-B. de 1973, c. M-22, s.190.021(l)) hIlWoner of Oaths ch. M-22, par. 190.021(l)) =I. = '= �- Owner(s) or Occupier(s): Name: Address: Telephone: Name: Address: Telephone: N' du dossier: ENTRE: L.-� 1 3 Propri6taire(s) ou occupant(s) Nom: Adresse Nom: Adresse T616phone: vLL in Lne no1 i that has been given under section 190.011 of t Municipalities Act and appeals to the Saint Jo Substandard Properties Appeal Committee. 1 mocialites ou les conditions qui y sont 6none6s darl� I'avis qui a dt6 notif16 aux termes de Farticle 190.011 V• - la Loi sur les municipalitis et fait appel au Comh d'appel des propri6t6s inf&ieures aux normes de Sai Les motifs d'appel de I'appelant(s) dans le pr6sent appel sont les suivants (6noncer les motifs de faqon claire et concise) : the — day of Fait a The appellant(s) intends to proceed in the English or French language (Please check the appropriate Iox). Please forward your Notice of Appeal by registered mail to the clerk of The City of Saint John within fourteen (14) days after having been given the notice at thefollowing address: Common Clerk's Office 15 Market Square, City Hall Building, 8t" Floor P. 0. Box 1971 Saint John, New Brunswick E2L 4L1 ME Signature du propri6taire ou Foccupant 0- L'appelant(s) a (ont) l'intention d'utiliser la langue ftan-9—aise ou anglais (Veuillez cocher la case appropri&). Veuillez jaire parvenir votre Avis d'appel par courrier recommand6 au secr&aire de The City of Saint John dans les quatorze (14) jours qui suivent la notification de Vavis 6 Vadresse suivante : Bureau du greffier communal 15 Market Square, Edifice de Fh6tel de ville, 8' 6tage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L1 - - --- - --r T- - - ---- �,-, -,, may be represented by counsel. 3. On an appeal, the Saint John Substandard Properties Appeal Committee may confirm, modify or rescind the notice or extend the time for complying with the notice. 4. The Saint John Substandard Properties Appeal Committee shall provide a copy of its decision to the owner(s) or occupier(s) of the premises, building or structure who brought the appeal within fourteen (14) days after making its decision. 5 *The owner(s) or occupier(s) provided with a copy of a decision from the Saint John Substandard Properties Appeal Committee may appeal the decision to a judge of The Court of Queen's Bench of New Brunswick within fourteen (14) days after the copy of the decision was provided to the owner(s) or occupier(s) on the grounds that (a) the procedure required to be followed by the Municipalities Act was not followed, or (b) the decision is patently unreasonable. [Oil W• 01 Foccupant(s) qui interjette(nt) appel a (ont) le droit d'&re entendu(s) et peut(vent) se faire cepr6senter par un avocat. 3. Lors d'un appel, le Comiti d'appel des propri&& infi�rieures aux normes de Saint John peut confirmer, modifier ou annuler Favis ou proroger le Mai pour s'y conformer. 4. Le Comiti d'appel des propriitis inf6rieures aux normes de Saint John doit fournir une copie de sa d6cision au(x) propri&taire(s) ou d Foccupant(s) des lieux, du Witiment ou de la construction qui lui a(ont) interjet6 appel dans les quatorze (14) jours suivant la date h laquelle il a rendu sa d6cision. 5. Le(s) propri6taire(s) ou Foccupant(s) a qui une copie d'une d6cision a &6 fournie par le Comit6 d'appel des propiri&�s inf�rieures aux normes de Saint John peut(vent), dans les quatorze (14) jours qui suivent, inteiJeter appel de la d6cision devant un juge de la Cour du Banc de la Reine du Nouveau -Brunswick au motif que (a) la d&marche A suivre en vertu de la Loi sur les municipalit6s Wa pas 6t6 suivie, ou (b) la 16cision est manifestement 16raisonnable. CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN IN THE MATTER OF THE BUILDING THAT IS LOCATED AT SAINT JOHN, N.B. ( PID number AFFIDAVIT OF SERVICE C A of Saint John, N.B., Make Oath And Say As Follows: 1. 1 am employed by The City of Saint John in its Growth and Community Development Services Department. I have personal knowledge of the matters herein deposed except where otherwise stated. A 0,11,111 ' 2. On at approximately ), I posted a copy of the attached Notice of Common Council Hearing Letter, marked Exhibit "A" to the front door of the building that is located at .') V✓,Saint John, N.B. Sworn To before me at the City of Saint John, N.B., on the 214" day of lqrych , 2018 RACHEL A VAN WART COMMISSIONER OF OATHS mY COMMISSION EXPIRES DECEMBER 31ST, 2022 188 March 26, 2018 Permitting & Inspection / Service des inspections et de I'application By -Law Enforcement / Service d'Application des Arretes Municipaux Phone / TO: (506) 658-2911 Fax / Telec: (506) 632-6199 Case Number: 17-0092 VIA POSTING TO BUILDING Peter Kenneth Connelly 251 Rockland Road Saint John, NB E2K 3K3 ExhibitThis is Referred to In the Affidavit BrunswickSworn before me at the City Saint John, Now the,42�Vay of Comrnissi* •-. NOTICE OF COMMON COUNCIL HEARING Dear Sir/Madam: Re: Property located at 251 Rockland Road, PID # 00025924 Dangerous and Vacant Building Program On March 5, 2018, a Notice to Comply was issued for the above mentioned property which required remedial action to bring the building and premises into compliance with the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, The Notice to Comply was posted to the building on March 6, 2018. The fourteen (14) day appeal period has now expired. Therefore, a compliance inspection will be conducted on April 6, 2018. If the property is not in compliance with the aforesaid By-law at the time of the inspection, City Staff will be attending the Common Council meeting scheduled on April 23, 2018 at 6:00 p.m. to recommend that the building be demolished. Please be advised that at this meeting, you will have the opportunity to present evidence to the contrary. If you have any questions, please do not hesitate to contact me at (506) 658-2911. Regards, Ra hel Van Wart, EIT Technical Services Officer c: Royal Bank of Canada c: Fundy Energy c/o Eastern Collection Services c: Bank of Montreal P.O. Box 1971 C.P. 1971 Saint John, NB Saint John, NA. Canada EA 41 Canada Eli_ 41 SAINT JOHN www.saintjohn.ca 189 I I I I I I 6 0 1 1 0 CL COUNCIL REPORT M&C No. M&C 2018-118 Report Date April 17, 2018 Meeting Date April 23, 2018 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Management of Urban Deer Population and Lyme Disease OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Emilie Murphy/Tim O'Reilly Michael Hugenholtz Jeff Trail RECOMMENDATION Your City Manager recommends Common Council support follow-up actions by City staff to assist managing the urban deer population and lyme disease in the City as detailed in M&C 2018-118 as follows: Continue a communication program that advises the public how they can help control the deer population and protect themselves against lyme disease, 2. Install Deer Crossing roadway warning signage on Millidge Avenue, University Avenue, Hickey Road, and Heather Way, and 3. Conduct an information session and a survey of property owners in the Millidgeville area with a follow-up report back to Common Council as first steps toward a possible Nuisance Deer Management Program. EXECUTIVE SUMMARY This report discusses methods of controlling the deer population and lyme disease in the Millidgeville area. PREVIOUS RESOLUTION At its September 5, 2017 meeting Common Council "resolved that the City Manager be directed to have staff investigate ways to mitigate the problems caused by the deer population, including liaison with the province, and report back to Council." The preamble to this September motion referred to the problems as being lyme disease, motor vehicle accidents and property damage in the Millidgeville area. `Pl%7 -2 - REPORT Quantifying the Problems Urban Deer Population — There is certainly anectodal evidence of greater deer population in the Millidgeville area, among other areas of the City and surrounding municipalities. Unfortunately there is no data available that quantifies the urban deer population. It should be noted that populations fluctuate from year to year naturally. A short term reduction of the population caused by weather, human intervention measures, etc. at one time can result in a subsequent rebounding of the population if the pressure on the population is not continued. Quantifying the extent of the problem, causes, and impacts of solutions are difficult with any level of assurance. Road Safety — City staff worked with the Saint John Police Force to identify the number and locations of motor vehicle accidents involving deer in the City. There has been an average of 185 accidents involving deer per year for the last five years. The below map of the City shows a concentration of these accidents in both the Hickey/Heather Way area and the Millidge/University Avenue area. i2013 to 2018 9 tAccidents Involving Lyme Disease —The Millidgeville area and Rockwood Park have been dragged for ticks by the Provincial Department of Health twice during the 2017 summer. They have confirmed that there is a higher than average number of ticks that carry the Lyme disease bacteria in these areas. City of Saint John Parks staff M9191 -3 - members are regularly in contact with the department regarding Lyme disease in order to best educate the public on prevention. The influence of deer population on the spead of lyme disease is less clear. Ticks do not travel far without help. Many domestic and wild animals besides deer can transport ticks. Reducing deer population alone therefore may not significantly hinder the spread of lyme disease. Property Damage — It is clear many Saint John residents experience damage to flowers, gardens, etc. on their property. The extent of this problem is not currently known. One of the only ways to better quantify this issue is to survey residents. Identifying the Possible Solutions Programs that successfully reduce urban deer populations are multi -faceted and are implemented for a long period of time. The following are possible solutions to addressing the urban deer population and/or lyme disease. Refraining from Feeding Wildlife — Plentiful food sources, including from citizens who feed deer, can draw the population into urban areas. By-law Probiting Feeding Deer —The City currently does not have a by-law that prohibits feeding deer. This would be an alternate approach to self -compliance by citizens. Such a by-law would be required if the City adopted a Nuisance Deer Management Program, explained further in this report. Resources are currently unavailable to adequately enforce such a by-law. Choosing Vegetation — Planting vegetation that is not appealing to deer can help reduce drawing deer into neighbourhoods and minimize damage. Citizens are encouraged to consult with a nursery or landscape company for options. Fencing — Residents can protect their properties from deer by installing fencing around their yard or placing other protective barriers around flowers, gardens, etc. Roadway Warning Signage — Deer Crossing warning signage is appropriate in areas where it is known that deer are present. The Millidgeville and Hickey/Heather Way areas are excellent candidates for this signage given the concentration of accidents. Similar to all traffic control signage, it is important to limit use of these warning signs./ Contraception - This solution is expensive and can pose additional public safety concerns. Wel -4- Tranquilizing/relocating deer —This solution is expensive and can pose additional public safety concerns. Public Communications — The Province provides information related to lyme disease. City staff refer specific public concerns/inquiries related to lyme disease to the Department of Health and/or the Saint John Regional Hospital. The City has posted two signs in Rockwood Park educating about lyme disease and prevention. Public awareness with respect to feeding wildlife and thus reducing unnatural human/wildlife relationships is also an ongoing priority for City park staff. Nuisance Deer Management Program —This solution allows a property owner to issue an antlerless deer hunting license on their property for hunters with bows. Such a program is currently implemented successfully in Quispamsis, Rothesay, Hampton, and St. Andrews. If approved by the Provincial Department of Energy and Resource Development (ERD), the program would entail a relaxation of the rules with respect to distance from a dwelling required for bow licensing within a particular area of the City such as Millidgeville. Elligible properties would need to be a minimum of one acre in size and hunting cannot occur within 100 metres of a neighighbouring house. City of Saint John staff would first receive the applications from an interested property owner to ensure that the location and land size meet the minimum criteria of the program, and forward the applications to ERD. ERD would assess each application on an individual basis to ensure there are no land layout or public safety concerns and would contact the requesting property owner. If approved, the property owner could then contact a licensed hunter and give them permission to take one antlerless deer (which would be in addition to the hunter's own tag) on their property. This program would take place during the regular hunting season only. Before ERD would consider approving the program, the City of Saint John would need to hold an information session, that ERD would support, and ensure that the majority of property owners (50% + 1) in the proposed area are supportive of the nuisance deer program via a survey. The City would also be required to enact a bylaw prohibiting the public from feeding wildlife and allow residents to erect fences on their properties (the former would need to be developed). Council would then need to send a request to the Minister of Energy and Natural Resource Development to implement the program, and review on an annual basis. Certain communities that have participated in the program for several years now have been granted further permission to have several hunters take one deer each on one property. There have also been approvals for an aggregation of neighbours, who do not have enough land to qualify individually, to apply. The WIN -5 - bow hunters are able to attend a specific presentation that addresses previous issues and additional responsibilities through a provincial bow hunting association. It is difficult to prove that a program, if implemented in Saint John, would significantly reduce the urban deer populations because of the lack of population data trends and the infancy of similar programs elsewhere. Anecdotal input from property owners engaged in such a program elsewhere suggest lower numbers on their properties. However, subsequent requests from other neighbourhoods also suggest the herd could simply be moving to a new location. The program would be of benefit to the property owners who apply by providing another option toward reducing deer on their land. Below are some statistics of the program in the Kennebecasis Valley. Again, statistics on changes in the population itself are not available. There is no real trend in a critical factor such as changes to the number of roadkill. Staff suggests other factors be considered in deciding if such a program should be implemented: • Public safety concerns with deer hunting in neighbourhoods • Investment of City staff time for consultation, administering the vote, administering applications, and managing a new by-law that prohibits feeding of wild animals • The City of Saint John, as a property owner, may apply for a permit to allow hunters on any of its applicable properties. Would the City do this and how would it choose hunters? Recommended Path Forward Staff are recommending a communication program continue that advises the public of steps they can take to manage deer population including refraining from feeding deer, choosing appropriate vegetation, and considering fencing and barrier options. The public would also be educated about the various factors that contribute to the spread of Lyme disease. M9191 2017 2016 2015 2014 4 Applications 93 75 78 111 4 Approved Properties 82 56 66 58 4 Acres 1814 1383 1736 1087 4 Permits 332 199 265 266 4 Hunters 220 147 223 187 4 Deer 141 69 95 103 Success Rate 64% 1 47% 1 43% 1 55% 4 Roadkill (Jan - Sept) 180 111 151 133 Staff suggests other factors be considered in deciding if such a program should be implemented: • Public safety concerns with deer hunting in neighbourhoods • Investment of City staff time for consultation, administering the vote, administering applications, and managing a new by-law that prohibits feeding of wild animals • The City of Saint John, as a property owner, may apply for a permit to allow hunters on any of its applicable properties. Would the City do this and how would it choose hunters? Recommended Path Forward Staff are recommending a communication program continue that advises the public of steps they can take to manage deer population including refraining from feeding deer, choosing appropriate vegetation, and considering fencing and barrier options. The public would also be educated about the various factors that contribute to the spread of Lyme disease. M9191 -6 - Staff are also recommending Deer Crossing warning signs be added to Millidge Avenue, University Avenue, Hickey Road and Heather Way in the concentrated areas of the motor vehicle accidents. City staff are also recommending next steps be taken toward a possible implementation of a Nuisance Deer Management Program. Staff would arrange a public information session with ERD staff and complete a survey of property owners in the Millidgeville area on their support of such a program. Staff would then return to Council with more information, including result of the vote and more clarity on the required resources. Council could then decide whether or not to pursue next steps, including directing staff to develop a by-law that prohibits feeding of deer and sending an official request to the Minister of Energy and Natural Resources Development to implement the program. Implementation would need to be considered within context of the Corporate Work Plan beyond 2018. City staff are suggesting the area of the proposed program be defined by the area immediately to the north of Highland Road, Belleview Avenue, Spar Cove Road, Millidge Avenue from Spar Cove to Ropewalk Road, Samuel Davis Drive, Sandy Point Road from Samuel Davis Drive to Foster Thurston, Foster Thurston Drive from Sandy Point Road to Crowley Road and Crowley Road. This area would define which property owners can respond to the survey and which properties greater than 1 acre in size would be eligible to request hunting on their property if the program is implemented. The suggested area is identified by the red line below: If successful in this area, consideration could be given to expanding the program to other areas of the City where similar concerns exist and/or the Hickey/Heather Way area with the higher concentration of motor vehicle acccidents involving deer. KIM STRATEGIC ALIGNMENT A reduction of the urban deer population in prudent ways can contribute to liveable and safe neighbourhoods. SERVICE AND FINANCIAL OUTCOMES Staff's recommendations can be implemented with current resources. As indicated, implementation of a Nuisance Deer Management Program requires a more complete comparison of available and required resources. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS City staff consulted the Provincial Department of Energy and Resource Development for this report. ATTACHMENTS KV Nuisance Deer Management Program Fact Sheet 18017 Kennebecasit Valley Nuisance Deer Management Assistance Program What? The NUiSaince Deer Management Assustaince Program (NIDMAP) w,111 allow andoarners within the Kennebi-ec-Aslis Valley area to rece1we speciall permits. 3111hicglIzing hunte.irs to harvest ONE anteirless deer on the!14 property. The permits are !issued to huintp,rs chosen by the landagamier to harvest deer ons their property. Peirmirts will1l be Ipirovded to harvest only antleidess cleer, as reinmaval of those deer will] Iha,we the greatest effern on cointraIIIIIiing lor-al popuJa1ions. The n UIMIF-eir of avau]able perr6ts w,il The delermuned by the Department of Energy and Res OU roe De,we]opment (ER'ID,) on a case-by-case basis.. Whe,ni? INDIMAPs wiIIIII be valid for Use by hunteirs, oinly during the legall deeir Ihuntlinq season (Gnobeir 3 - November 19, 201,5). ApplFization dates are Siepterrh1beir 6 to October 311, �20116. Why? Deeir nUirnlbers have increased iin the Keninebecasis. Valley area since the mid -2000,"s and have baoonme a significant nUlisairce to thre Ilocalli c:omimunrbes. ERID is working cooperatively witi the Towns of Rothesay, QlUisparnsis, Haimptain andlocall coinni-nUnifies to IiowwWer the deeir numbers in a Mainines that !is safe,,, effective and aziceplahlle to most residents. Allowing hunters to harvest e,dra cleer froirn this area is an efficient approach to ad dress the Ilssue wfilIe al]Milng P Uldlic beireRt of the re sCrU rce. HOW TO APPLY (FOR A, INUIIISANCIE IDEERMANAGEMENT ASSISTANCE PERMIT: STEP' I Caintact ya,ur local Towrri Office, to express your iiinterest in obtaining a NIDMAP permit - Property Ildeinti5catiloin NIUmbeirs RlDs) are reCjUilred to apply-" and will The submitted to ER D for assessirnent, STEP2 SMe Assessirnent - Properties greater than 1 ac -,re wth IpotienUall for NIDMAFI perrnks may recel,ve a site v1slil by ERR staff to assess for any pventiall safety conceirns. and the number of Ipernmits to The issued. Hunting willl NOT be ally owerl Mlhiin'tog metersof ineighborling 1houuses. Discharge distances for ardhery may be redUced from the andcune,rs dwell,ing, wth 11he landowner's. permission. STEP'3 Apprawall - Quallifying Ilandowswners w,11111 recell-we nciffication From ERD of the inumber of joemnits that will The iissw,ued, for their property (FID) and airy resviclions that may be appIllied r STEPA Mob,ifizalion of Hunters - MoslLzmdowrers desire sorne introll over who accesses thveir property r It wiIIIII be the respoinsiblIky of the land owner to sele46-1 (hunters to (hunt deer on t�hear 1pirolpert�y under a INDIMAP pelrrhutr LandowAmiers Mill pirrcrOde each hunter's name, address and 21005 beer hUntilng license inumber to the HamptonERD, suffice (832 451155) to applly for NDIMAPs. since apprcwed, ejJgjhNjer hUnlers can pick Up thels pernmit at tile Haimpton (ERC," crffiq-,e. INOTE: a. 0 rilly hun te rs ho [dJng ac-unreint deeir lhunting liucen s,e are ebgble:� b. Only cine (tl), INDIMAP permit M11 The issued fair each [ILlInter Iger Year: C- Orillycine anIllerlless deer may be harvested Under a NIEMAP permit; d. The INDIMAP ipernmit its iin addJbon to the incin-nall one-clees had firnt e. Airche,ry hlinfing may The preferred !in mostonases; f. Hunteirs mUst re inter the harvested deer at the IHartrrlpton ERD office. Appdicationends :on0r,tober3l,2016. Pirocessiing Urn, es For appFicatiorls; could take 3 up to weeks:, but niay vary depencrrng on voMme. S Me"MbLf 20 1 IE MIN COUNCIL REPORT M&C No. 2018-126 Report Date April 18, 2018 Meeting Date April 23, 2018 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Transportation Strategic Plan — MoveSJ OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Katherine Shannon Michael Hugenholtz m I Jeff Trail RECOMMENDATION It is recommended that this report be received and filed. EXECUTIVE SUMMARY The purpose of this report is to inform Council on the status of Phase 2 of the Transportation Strategic Plan MoveSJ. PREVIOUS RESOLUTION RESOLVED that as recommended by the City Manager in the submitted report M&C 2017-95: City of Saint John Transportation Strategic Plan Phase 2 Consulting and Engineering Services — Follow up, Common Council authorizes the following: 1) Common Council award engineering and consulting services for Transportation and Strategic Plan Phase 2 to IBI Group at a cost of 200,100.00 plus applicable taxes; and 2) That the Mayor and Common Clerk be authorized to execute the Consulting Engineering Agreement. KIYA -2 - REPORT Phase 2 of the Transportation Strategic Plan MoveSJ began in April of 2017 and is now near completion. The scope of phase 2 includes strategies for Pedestrian Movement, Transit & Parking, Truck Routes as well as a Demand Model for future transportation as the City grows. Upcoming weeks will see the presentation of the various components of this plan to Council/Committee as well as consultation with the public as follows: - May 7 Pedestrian Strategy presentation to Council - May 22 Transit & Parking ABC Presentation to Council - May 22 Truck Routes Presentation to Council - June 12 Traffic Model presentation to Growth Committee - June 18 Phase 2 Summary & Award Phase 3 - May 22- June 11—Consultation with Public and Trucking Industry - July 9 Summary of Consultation & Phase 2 adoption Details of the consultation sessions will be shared with Council once they are determined. STRATEGIC ALIGNMENT This report aligns with Councils Priority for Sustainable Infrastructure by developing a comprehensive Transportation Strategic Plan for the City which advances the development of a multi -modal transportation system. SERVICE AND FINANCIAL OUTCOMES Phase 2 of MoveSJ, contributes to identifying a plan for how people and goods will move throughout the City. It will help guide the transportation infrastructure investments for the next 25 years. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A 1801.13 COUNCIL REPORT M&C No. M&C 2018-123 Report Date April 16, 2018 Meeting Date April 23, 2018 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Customer Service and Management of Work Requests OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Michael Hugenholtz Michael Hugenholtz/Brent McGovern Jeff Trail RECOMMENDATION City staff recommend that this report be received and filed. EXECUTIVE SUMMARY This report discusses the customer service model and work request management for Transportation & Environment Services and Saint John Water. PREVIOUS RESOLUTION N/A REPORT Customer Service to Citizens Transportation & Environment Services and Saint John Water deliver many of the services that citizens make use of on a daily basis. Many of these services are delivered pro -actively, that is to say activities are scheduled in advance and delivered to meet established service level standards. An example of this would be solid waste collection which occurs on a set frequency. Other work for these service areas is 'reactive' in nature and driven by requests from the public. With the sheer volume of requests received, it is important to have a good system in place to manage and prioritize these requests. This report (016.1 is intended to outline for Council and for the public how these requests for service are received by the various departments and how the work is actioned. Citizens are able to contact the City of Saint John through the main telephone line (658-4455) on a 24/7/365 basis for service requests or inquiries relating to Transportation & Environment Services (TES) or Saint John Water (SJW). From Monday to Friday, 8:30 a.m. to 4:30 p.m. (holidays excluded) customer service staff answer the telephone, handle inquiries relating to all TES/SJW services, and enter work orders for service requests. Over and above their customer service responsibilities, these staff members also provide administrative support for all TES/SJW service areas. Due to the volume of incoming calls, the City of Saint John uses a queue -type telephone system. Each call is directed to an open telephone line for which the operator is signed in and ready to receive calls. If all telephone lines are busy, then callers are placed in a queue until an operator becomes available. Outside of regular business hours, the main telephone line is call -forwarded to our 24/7 Customer Service team cell phone. The Customer Service team is responsible for many routine tasks such as monitoring of sewage lift stations, water treatment facilities and other duties. Recently, Customer Service for the City of Saint John was enhanced through the engagement of an answering service. The answering service acts as a backup to our 24/7 Customer Service team when they are unable to answer the telephone because they are working outside of the truck, or they are on the telephone. For winter parking ban notifications (South Central Peninsula bans and North, East West bans), a recorded information line (English and French) is available for citizens to contact to find out whether an overnight parking ban has been declared. The parking ban recorded information line is updated by Transportation & Environment Services Operations Managers in accordance with the Traffic By-law. Service requests or inquiries may also be made through the City of Saint John external e-mails, or by filling out the on-line Service Request Form: service@saintiohn.ca waterandsewerage@saintiohn.ca - SJW recandparks@saintiohn.ca - Parks & Recreation These external email addresses are easily found on each service area page of the City of Saint John website. External email folders are checked by administrative staff frequently during regular business hours (Monday to Friday, 8:30 a.m. to 4:30 p.m., holidays excluded). PA to] -3 - Call Volumes and Abandoned Calls In 2017 there were over 17,000 calls to our Customer Service line, or an average of 47 calls per day. During major winter storm events or large boil -water orders call volumes can spike up considerably, beyond staff's capacity to keep up. On average over the year there is an average of 7.5% calls abandoned due to wait times which means 92.5% of all calls are answered. As part of the 2018 operating budget one vacant customer service position was eliminated. At current staffing levels TES and SJW have two customer service staff answering the phones during regular work hours. There are another eight staff members working a rotating shift to provide 24/7 coverage during nights and weekends. Through mechanisms such as the answering service as well as cross -training of a larger pool of employees staff hope to sustain the current level of service with less resources. Work Requests Although some of the calls handled by our customer service staff are simple service inquiries, many are requests for work. Over 8,000 work requests were entered for TES & SJW in 2017. These work requests are prioritized based on severity and assigned to crews for action. Through the work of the City's continuous improvement team staff are working on technology solutions to improve the efficiency of the crews in the field. This is anticipated to take the form of a tablet -based system allowing field staff to open and close work requests, see nearby work requests on a GIS -based application, and to better record maintenance activities (which in the full course of time will link automatically to our asset management system). A limited pilot program is currently underway with broader roll-out anticipated after proof of concept. Council Support Council can support effective service delivery by referring citizens to the regular points of contact for any work requests relating to TES & SJW. A uniform response to these requests can help ensure that requests are properly actioned, and that work is prioritized using objective criteria. STRATEGIC ALIGNMENT A strong commitment to customer service aligns with Council's priority of 'valued service delivery'. 211 COUNCIL REPORT M&C No. 2018-129 Report Date April 18, 2018 Meeting Date April 23, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Operating Budget Policy FAS -004 OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager David Merrithew Kevin Fudge m I Jeff Trail RECOMMENDATION Be it resolved that: Common Council approves the City Operating Budget Policy FAS -004; EXECUTIVE SUMMARY Having met and reviewed the attached Operating Policy, the Finance Committee recommends that Common Council approve the attached Operating Budget Policy for the City of Saint John. The Policy applies to both General and Water & Sewerage Utility Operating Budgets. The Operating Budget Policy is considered a best practice financial policy for municipalities which promotes fiscal responsibility and is a key instrument in the development of a robust Long Term Financial Plan. PREVIOUS RESOLUTION (lick here to eWer anv J)reViOUS releV�IW reSOILfliOn REPORT The Operating Budget is one of the most significant public documents a municipality produces as it sets forth the City's taxing and spending plans that fund explicit service priorities. The document also outlines the organization service areas that are responsible for achieving service priorities and are accountable for spending tax payer's dollars. Furthermore, the operating budget PAN -2 - is an important communication tool for making spending decisions transparent to elected officials and to citizens. An Operating Budget Policy is considered a municipal best practice in North America. The objective of the Operating Budget Policy is to: 1. Strengthen Financial Sustainability by budgeting recurring expenditures with recurring revenues and allocating one time revenues to one time expenditures or reserves; 2. Reduce Financial Vulnerability by gradually decreasing reliance on sources of revenue outside its controls such as operating grants from other government sources. Financial policies provide the "rules" that shape financial decisions. When policies are effective they can enhance the financial health of governments. By contrast, weak policies can create fiscal instability. The Operating Budget Policy includes fundamental principles that will protect the City from future structural deficits: 1. The City's Operating Budget shall align with Council approved policies and a Council approved Long Term Financial Plan; 2. The City must be able to bear the budgeted costs of providing services without incurring financial difficulty or risking other undesirable consequences; 3. The City will consider implementation of operational efficiencies, continuous improvement initiatives, and new revenue generation strategies when planning the operating budget; 4. The Operating Budget will be produced with a long-term lens of achieving a structurally balanced budget; giving taxpayers a better representation of the link between financial resources and services that can be delivered over the long term; 5. The City will seek to improve its mix of operating budget revenues to the extent feasible within the confines of the Local Governance Act, and other applicable legislation; The Operating Budget Policy also establishes important parameters to safeguard the City's Financial Health, including policy for the Use of Non -Recurring Revenue, policy regarding the setting of User Charges and Fees, and policy respecting the City's applications for Grant funding. Ph 191 -3 - USE OF NON-RECURRING REVENUE Non -Recurring Revenues are revenues that the City cannot reasonably expect to receive on an ongoing basis. Non-recurring revenue can introduce significant instabilities into the City's service provision strategy if they are used to fund ongoing services and programs. A best practice operating policy directs non- recurring revenues away from ongoing expenditures to prevent the probability of becoming structurally imbalanced. The Operating Budget Policy states the following: "Non-recurring revenues shall be directed to onetime uses and away from funding ongoing services; and Short term revenue spikes should be treated in a similar way to non- recurring revenue" Some examples of Non -Recurring Revenue includes short term inter- governmental operating grants that have an ending date of less than 36 months, revenue spikes due to higher than normal transactional activity, and one time transactions, such as the sale of assets. This policy serves to improve Financial Sustainability and Reduce Financial Vulnerability as it mitigates the risk of Structural Deficits — a budget for which recurring operating revenues are not sufficient to fund recurring operating expenses. USER FEES A user fee policy is important for ensuring that fees are fair and cover the cost of the service they are intended to fund. The Operating Budget Policy requires that service areas assess the cost of activities supported by user fees on an annual basis to identify the impact of inflation and other cost increases. The policy also prescribes that service areas should develop cost recovery policies for its user fees that describes the service cost recovery goals based on quantitative targets (percentage recovery of costs targets). Factors suggesting higher or lower levels of cost recovery are described in the detailed policy. GRANT FUNDING Inter -Governmental funding opportunities will be pursued for initiatives that are in line with Council priorities, the approved budget, and the Long Term Financial Plan. Any opportunities falling outside this will require a Council approved adjustment to the operating budget, the Long Term Financial Plan and be supported by a business case. -4 - SERVICE AND FINANCIAL OUTCOMES This report and recommendation are in alignment with best practices and will support future strong fiscal management. Chc k here to enter text, ATTACHMENTS: FAS 004 Operating Budget Policy Statement PhN'7 OPERATING BUDGET CITY OF SAINT JOHN POLICY STATEMENT POLICY SECTION: FINANCE AND ADMINISTRATIVE SERVICES POLICY STATEMENT The purpose of this policy is to outline the financial principles governing the funding of the City operating budget. Operating budget planning shall comply with all relevant provisions of the Local Governance Act and all other applicable legislation. The City's objectives with respect to the Operating Budget Policy are as follows: 1. Strengthen Financial Sustainability by budgeting recurring expenditures with recurring revenues and allocating one time revenues to one time expenditures or reserves; 2. Reduce Financial Vulnerability by gradually decreasing reliance on sources of revenue outside its controls such as operating grants from other government sources. PRINCIPLES AND STRATEGIES • Aligns with Strategy: the City's budgeted operations shall be in line with agreed upon Council priorities and the Long Term Financial Plan; • Affordability: the City's budgeted operations shall be in line with agreed upon Council priorities and the Long Term Financial Plan; • Innovation: implementation of operational efficiencies, continuous improvement initiatives, and new revenue generation strategies will be considered when planning the operating budget; • Sustainability — the operating budget will be produced with a long-term focus of achieving a structurally balanced budget; giving taxpayers a better representation of the link between financial resources and services that can be delivered over the long term; • Diversification — the City will seek to improve its mix of operating budget revenues to the extent feasible within the confines of the Local Governance Act, and other applicable legislation. Ph 1.1 USE OF NON-RECURRING REVENUES 1. Non-recurring revenues shall be directed to onetime uses and away from funding ongoing services. Examples of non-recurring revenues would include one-time sale of assets. Examples of acceptable uses would include funding Pay -As -You -Go for capital expenditures that would otherwise be funded by debt, funding the infrastructure deficit, or to build up capital or operating reserves; 2. Short term revenue spikes should be treated in a similar way to non-recurring revenue. USER CHARGES AND FEES 1. The City will seek to balance the need for services and the ability to raise fees, charges, and taxes to support those services. User fees will be assessed relative to the cost of providing the services; 2. Service areas should assess the cost of activities supported by user fees on an annual basis to identify the impact of inflation and other cost increases; 3. Council may decide against full cost recovery in cases where greater public benefit is demonstrated; 4. Service areas should develop cost recovery policies that will be used as a basis for setting the charges or fees, as well as the service cost recovery goals based on quantitative targets (percentage recovery targets) and how the charges and fees will be levied and collected; GRANTS 1. Inter -Governmental funding opportunities will be pursued for initiatives that are in line with Council priorities, the approved budget, and the Long Term Financial Plan; 2. Any opportunities falling outside this criteria will require Council approved adjustment to the budget and the Long Term Financial Plan and be supported by a business case. PAN COUNCIL REPORT M&C No. 2018-130 Report Date April 19, 2018 Meeting Date April 23, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Banking Resolution OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Councillor Merrithew Cathy Graham/Kevin Fudge Jeff Trail RECOMMENDATION It is recommended that Common Council adopt: It is recommended that Finance Committee endorse the following resolutions to be submitted to Common Council for adoption at its next meeting. Resolved: 1. That the banking business of the City of Saint John, or any part thereof, may be transacted with the Bank of Nova Scotia. 2. That any two of the: Commissioner of Finance Comptroller Assistant Comptroller Senior Manager Financial Planning, Reporting and Analysis Senior Financial Analyst be and are hereby authorized on behalf of the City: (a) To borrow money from time to time and in accordance with existing and applicable council resolution(s) in that regard, by way of direct advances by Promissory Notes, Overdraft, or Standby Letters of Credit/Letters of Guarantee; (b) To oversee banking business to include, without limitation, the operation of the City's accounts; the making, signing, drawing, accepting, endorsing, negotiating, lodging, depositing or transferring of any cheques, 218 -2 - promissory notes, drafts, acceptances, bills of exchange and orders for the payment of money; the approval of any administrative arrangement relating to any such banking business and defining the rights and power of the parties thereto; and the authorizing of any officer of such institution to do any act or thing on the City's behalf to facilitate such banking business; and (c) To delegate certain transactions which fall under a dollar threshold to designated positions in an administrative internal policy. 3. That any one of the: Commissioner of Finance Comptroller Assistant Comptroller Senior Manager Financial Planning, Reporting and Analysis Senior Financial & Economic Analyst be and are hereby authorized on behalf of the City: (a) To negotiate with or transfer to the Bank of Nova Scotia for deposit or discount with or collection by the Bank (but for the credit of the City's accounts only) cheques, promissory notes, bills of exchange, drafts, orders for the payment of money and other instruments, whether negotiable or not, purporting to be signed or endorsed on behalf of the City by any one of them or having the name of the City impressed thereon by rubber stamp or other devise without any signature; (b) To arrange, settle, balance and certify all books and accounts between the City of Saint John and the Bank and to receive all paid cheques and other vouchers, unpaid and unaccepted bills of exchange and other negotiable instruments and to sign the Bank's form of settlement of balances and release; and (c) To delegate any authority conferred on such person by sub -paragraphs (a) and (b) of this paragraph by any other employee of the City, by notice in writing filed with the Bank. 4. That all agreements, documents and instruments signed, drawn, accepted, endorsed or executed as aforesaid shall be valid and binding on the City. That this resolution shall, from the time Common Council approves, supersede any previous resolutions and instructions respecting the transaction of banking business between the City and Bank of Nova Scotia. -3 - EXECUTIVE SUMMARY At the meeting of April 17, 2018, the following report to update the 2016 Banking Resolution was presented to the Finance Committee and the following motion was approved: "RESOLVED that the Finance Committee endorse the resolutions and submit to Common Council for adoption at its next meeting." The attached resolution is consistent with the authority bestowed upon the Treasurer in Provincial Legislation. The last time the resolution required updating was in 2006. The Bank of Nova Scotia, which is the City's banker, requires certain resolutions to be passed by Common Council. One of these is the banking resolution that sets out the signing officers of the Corporation. As a result of the recent staffing changes it is necessary to refresh the existing banking resolutions to reflect the actual staffing structure. The City is taking this as an opportunity to update the wording and processes. PREVIOUS RESOLUTION M&C 2006-266 Banking Resolution STRATEGIC ALIGNMENT The recommendation aligns with Council's priority of fiscal responsibility and continuous improvement. REPORT The City's banking resolutions were last updated in 2006. There have been several staffing changes, realignments and banking technology advances that has occurred since that time. The purpose of these resolutions are to update staffing changes to reflect the current structure, as well as update the language in the resolutions to better reflect the current banking service environment the City operates in. SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Staff has reviewed the changes with Legal, the City Auditors and Bank of Nova Scotia. PIN91 ATTACHMENTS N/A 221 -4 - Romero House Fund Raising Event March 29th 2018 Romero House has been serving the community of greater Saint John for over 30 years. The Lions of Greater Saint John along with many organizations have come together to honor the Late Carolyn McNulty and host a fundraising event. The goal is to raise enough money to purchase a new mobile unit to carry on the Romero House street ministry. For almost two decades, the Romero House mobile unit has hand -delivered help to any individual who needs a snack or a chat on a freezing winter night. In some cases, people visit the mobile unit simply "for a social thing, to chat with somebody, while some clients are sleeping on the streets, many more "live in housing or in poor -condition rooms, where they must keep warm as best they can. On May 9th, 2018 we will host the Romero House fundraising event at The Marco Polo Cruise Terminal from 6:00pm — 10:00 pm The evening will begin with a cocktail hour at 6:00pm and dinner at 7:00pm Event tickets are $125.00 or $1250.00 to purchase a table for the event. Help us Help Romero House in keeping Hope on The Road. We thank you for your support and look forward to achieving our goal together. YoRy S o-- . •..�e�•, a ....•�IiI 506 -648 -23 77 0% Trinity Church 115 Charlotte Street Saint John, N.B. E2L 2J2 Tel: (506) 693-8558 E-mail: trinsj@nb.aibn.com NOW Lieutenant General (Ret.) Michael Day Mr. Day is a riveting speaker with very wide milit experience. Commanding a variety of units at eve e a level and rank with world wide deployments, he h a wealth of experience to share and has had a huge successful career and earned several prestigio 1, awards and honours, domestic and internationa t He is inducted into the Order of Military Merl Gen. Day has deployed operationally to Africi the Balkans, the Middle East and Afghanistan. L. General Day graduated with distineti®n from the University of Manitoba majoring in Political Studies and a Master of Arts in War Studies from the Royal Military College of Canada. He was born in Nova Scotia. He joined the Princess Patricia's Light Infantry in 1983. In addition to serving and commanding within his Regiment, the majority of his field and command time has been as an Operator wn Canada's Counter Terrorist and Special Forces community commanding Joint as Force Two (JTF 2), Canada's Special Operations Forces Command, as well as a variety of other commands assignments. He is married with two adult children. 1,ieutenant General (Ret.) D. Michael Day, cmm, msc, CD,MA. Oil Eli 0 -111W1211-8102501 I THURSDAY. MAY 24TH. 201 Z 5 1 Reception 6 P.M., Dinner W SUBMISSION TO COUNCIL FORM I First f7,ame: Paul Last Name: Groody Name of Organization/Group (where applicable): West Side Ratepayers Association Mailing Address: Click here to enter text. City or Town: Saint John Province: New Brunswick Postal Code: Click here to enter text. Day Time Phone Number: Click here to enter text, Email: Click here to enter text, Z If you do NOT wish to have your personal information (address, phone number, email) become part of the public record, please check this box. Topic of Submission: Meaningful Dialogue with Ratepayers Purpose for Submission (what is the ask of Council): The ratepayers of West Saint John respectfully request that Council engage with us in a process of meaningful, interest -focused dialogue towards finding solutions to the issues and concerns of West Side water ratepayers. Executive Summary: Our work is cut out for us; it is also important for families, businesses and, ultimately, our children and the future. People with legitimate concerns are speaking out. Elected representatives need to listen. More often than not, when people enter into earnest, interest -focused d4itagr u e co m m o n u nd e rsta n d i n V ca n be a c h ieved a n d n_nab_LP_s_n_h itio_ms_f_h_Lu4�_D_PJ_,vi remain unresolved, the longer meaningful dialogue is avoided ... the greater will be the costs to all concerned — not only in terms of dollars, but just as importantly in terms of goodwill and in terms of focusing on the countless positive stories to be told about this great city of ours. ff*1T1�M WT.H-3FToTTT-#r,M' Attention: Common Clerk PO Box 1971 Saint John New Brunswick 11 11111 �111111� III MINE 1 11 1111 11 11111 111 111111111 1 � I 111 111 j NOW it should be evident to each of you that people in West Saint John — the "West Side" — are very upset; and, with good reason. The West Side is a great place to live; it is of safe and welcoming community. People are friendly and we have many wonderful neighbourhoods for families. Life on the West Side — ... usually quite tranquil — suddenly changed. People's lives were thrown into turmoil. Problems began slowly. A bathroom faucet stopped working; staining appeared on fixtures and sediment built-up in kettles. Then came the burst water yay&s,.a�, along with those ylumbin yroblems'. substantial costs — unexpected and undue costs to the people and businesses affected. In a MY nortierwner. T71 norprepU M-.,' r a' ro go wrorg have that kind of money"... a West Side ratepayer Yve been forced to pick up extra work shifts to cover... plumbing bills" Side ratepayer 181401 West Side Ratepayers Association April 17, 2018 Re: Meaningful Dialogue with Ratepayers On top of those damages, water heaters began to fail prematurely. The build-up of hard water scale in hot water heaters contributes to gradually lower unit efficiency "4,4!cr r-4 the units work harder (using more energy) to produce hot water. A large number of people are not drinking the water. Many are worried about skin conditions and other serious health concerns. Bottled water is the chosen alternative to break and I'm concerned any time I leave my home."... a West Side We've been told water softeners may be a solution. Another unforeseen and undue expense. But, there is more to this than just a lot of our money. As you have been advised, most softeners "cause calcium and magnesium to be replaced by sodium". We need to limit sodium intake. So, for those who decide (and are able) to install a water softener, we are advised to "keep a separate, non -softened water supply for drinking and cooking". There is also the matter of buying salt supplies, lugging heavy bags, ongoing operation and maintenance, and contracts with suppliers. ... Things are getting complicated. 'Are we receiving the quality of service for which we are paying?"... a West Side ratepayer It was our understanding that the basic objective of the Safe Clean Drinking Water Program was to deliver safe, clean drinking water to our taps. In the most simple 'terms, that means being able to fill one's glass directly from the tap and to drink the water confidently, as well as to use that same water for cooking, bathing and d 2eratin our using in sses. That is thgi rvicL_ There is also the question of property values. Many property owners have appealed their 2018 assessments. Are real estate values being affected by this "water crisis"? 2 227 West Side Ratepayers Association Apr`117, 2018 Re: Meaningild Dialogue with Ratepayers X JV IM J IWO, -1p, -TVION-W-WIWO — I prepared for the changeover to the new "wellfield" source and its "very hard water". Those concerns are evidently well-founded iven the re,,-,,'-]- announced measures "Council approved... a plan to start slowly adding sodium hydroxide to the east side water to start increasin,-rLLhe %E_�% —�% in mid-to-late April. ... As soon (as) the water reaches the desired pH, it will then start reuxwhps, city's west side water system to help prevent more copper pipe leaks. ... had planned to start slowly adjusting the pH of the east side water ahead of the treatment facility switchover, but ... hadn't planned on starting to add orthophosphate ... ... 'but given the risks' ... recommended ... the step be made ... . ... Telegraph -Journal, page Bi, March 27, 2018 "We're atree dypaying huge amounts ofmone yfor water."... a West Side ratepayer Underlying everything else is the already high cost of the water service. We will "4*n!YA4W_-*C #IwffA*-,V�4iawil;mv,--�'%muv,�`i-f *.T -mf when it established a separate "wellfield" water system for West Saint John. You should expect this issue to become a problem for today's Council — across all wards. We will be putting forward a more detailed argument on this question at a later date. 7WITTMI — 777W, TITS is es'.FeciaY icai — Tnat aDout tne water environment is the future of Spruce Lake — long our community's source of water? What about safety and security of the new "wellfield"? What are the contingency plans? Wri-r-IM111110--iff -poll 1777 syscem. In trying to get answers, ratepayers have been met with an apparent unwillingness to listen. This has forced people to initiate measures available to them. 228 West Side Ratepayers Association April i7,2oiS Re: Meaningful Dialogue with Ratepayers When Council decides to engage in meaningful dialogue, you will find that West Side ratepayers: ... are knowledgeable — the quality of questions and discussion we are not going away; and... want dialogue — are open-minded and willing to listen, but also insist on being heard. NrM 0IM111,1773,14107110 At the Association's meeting of March 15th, members asked that all councillors be invited to the next meeting. People want to know where elected representatives stand. Each member of Council was invited — by letter and e-mail — to participate Six councillors chose not to respond to the invitation; five did, however, indicating they could not attend — essentially because the "matter is before the courts". "The ClassAction is no reason not to speak."... a West Side ratepayer (and lawyer) It would appear though that at least four or five elected representatives want some sort of dialopgue with rate-ta4mrs. Peo:de were aypreciative of the three who did, in fact, attend the meeting — although only "to listen". In the letter of invitation, we indicated a "need to know where elected representatives stand on working with us to understand concerns, get answers, resolve problems and, ultimately, foster confidence in our water system". We want to work toward "solutions that are in the best interest of the community and its water service ratepayers". To I iJL U 1 k - I a 1; 0 C S. cpalcrs came To I F1 meeting hoping to listen to what councillors had to say. Instead, three council attendees came "to listen" to ratepayers. We remain focused on that goal. Our work is just beginning. We are not going away. Concerns will ultimately be addressed and issues will be resolved. 229 West Side Ratepayers Association April 17, 2018 Re: Meaningful Dialogue with Ratepayers at is the City actually doing about the water issue? Why are no comments being made by those councillors here?... We need a letterfi-om Council explaining why members are preventedfrom speaking with us." ... a West Side ratepayer (and another lawyer) discussiR n on our water system and a voice for ratepayers. Like many such grass roots organizations across the country, we are here for the long-haul. In fact, we would encourage ratepayers across the city to organize. After all, this is our ��M Our work is cut out for us; it is also important for fames, businesses and, 1ALW ?_tel�L�l r c3d Uren R ut. Elected representatives need to listen. More often than not, when people enter into earnest, interest -focused dialogue common understanding can be achieved and MY01 �_# �4 �41 I � The longer problems remain unresolved, the longer meaningful dialogue is avoided ... the reater will be the costs to all concerned —not onlr as im, .portantlyin terms of -oodwill and in terms of stories to be told about this great city of ours. It is in the best interest of the community, its water service ratepayers and Council (as steward of the city's water systems) that parties seek to understand concerns, get answers, resolve problems anR, ultimately, foster confidence in our water systems. The ratepayers of West Saint John respectfully request that Council engage with us in a process of meaningful, interest -focused dialogue towards finding solutions to 1= ISM �# �11 P 230 Common Council, ril 23, 2018 Item 15.1 est Side Rate Payers Association Mayor's Statement regarding West Side water: Common Council Is elected to serve all residents and as such has a responsibility to make City staff have been directed to provide public «a r r' ng the transition the .;• Clean Drinking Waterppoof channels, including: website, direct mailers, interviews with media, publico,d social media. The commencement of a proposed class action lawsuit on behalf of residents, side brings with it the added complication that ALL ratepayers on the west side have th potential to become part of the class action should it eventually be certified by the' Because of this fact, and in protecting the interests of ALL ratepayers, our very clear leg `1 advice is to provide factual and timely information through a clear and consistent ' decision to make"g.8million(net p" `, investment in the Safe Clean Drinking Water project was made by the previous Council and this current Council supports the model which was adopted. The Public Private Partnership, also referred to as a P3 model, enabled the City to aaof the funding required to make this enormous investment at this time. The discovery of a high volume of excellent drinking water in the South .,, millions of dollars of additional investment As with any largeproject,1" ' unforeseen challenges* City remains committed to investigating the reported problems associated with the water system, but make ; b mistake,oprovides et safer This Council is committed to engaging with all residents and hearing all perspectives or issues as they present themselves. As with any legal proceeding however, the flow of information wiled appropriately in order to protect public '"s 1"he Common Clerk will be tasked with M a presentation by a group of west side residents at their request, but please note that this presentation will not be accompaniec by the normal question and answer period. Materials will be provided in advance, 231 presented under our normal procedures and immediately referred to staff for appropria recommendations regarding any follow-up or response. i "RESOLVED that the gathering of documentation and the production of documentation and information regarding the subject matter of the west water class action be managed by the City's in-house and outside defense counsel through the process of the legal proceeding and further RESOLVED that the West Side Ratepayers Association be invited to present to Council at its meeting of May 7, 2018." 09%