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2017-03-20_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, March 20, 2017 6:00 pm Council Chamber Committee of the Whole 1. Call to Order Si vous avez besoin des services en fran�ais pour une reunion de Conseil Communal, veuillez contacter le bureau de la greffiere communale au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of section 10 of the Municipalities Act and Council/Committee will make a decision(s) in that respect in Open Session: 4:30 p.m. 8th Floor Boardroom City Hall 1.1 Approval of Minutes 10.2(4) 1.2 Financial Matter 10.2(4)(c) 1.3 Property Matter 10.2(4)(c,d) 1.4 Financial Matter 10.2(4)(c) 1.5 Financial Matter 10.2(4)(c) 1.6 Financial Matter 10.2(4)(c) 1.7 Extended Hours for Bars for ECMA's and Discussion on Stage at Boardwalk (Deputy Mayor McAlary) 1.8 Financial Matter 10.2(4)(c) Regular Meeting 1. Call to Order 2. Approval of Minutes 2.1 Minutes of March 6, 2017 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Public Information Session: Morna Heights and Greenwood Subdivision — Wastewater Treatment Facilities Upgrades (Recommendation: Receive for Information) 5.2 Materials Testing and Construction Inspection Services for 2017 and 2018 (Recommendation in Report) 5.3 Designation of Inspection Officer (Recommendation in Report) 5.4 Spring 2017 Debenture Application (Recommendation in Report) 5.5 Saint John Parking Commission Appointment of Corey Vautour as ByLaw Enforcement Officer (Recommendation in Report) 5.6 Port City Water Partners — Upcoming Public Information Session (Recommendation: Receive for Information) 5.7 Museum of New York Department of Rights and Reproduction (Recommendation in Report) 5.8 ARCf Request for City to Remove Statutes from Harbour Passage (Recommendation: Refer to City Manager) 5.9 Long Term Disability Group Insurance Policy (Recommendation in Report) 5.10 Easement Acquisition — Portion of Civic 4491 City Line (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 Purple Day — March 26, 2017 8. Delegations / Presentations 9. Public Hearings — 6:30 pm 10. Consideration of By-laws 10.1 Proposed Zoning By -Law Amendment — 139 Bay Crescent Drive (3rd Reading) 10.2 Weight Restrictions By -Law Amendment and Agreement (1" and 2nd Reading) 11. Submissions by Council Members 12. Business Matters — Municipal Officers 12.1 Central Peninsula Neighbourhood Plan Consultant Award 12.2 City of Saint John Transportation Strategic Plan Phase 2 Consulting and Engineering Services 12.3 Engineering Inspection Services 2017 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 NB Power — Licence Renewal Process re Point Lepreau Nuclear Generating Station 15.2 Saint John Labour Community Services Worker Appeal Services May Day Fundraiser Dinner — May 1, 2017 16. Supplemental Agenda 16.1 Provincial Funding for West Side Splash Pad 16.2 527 Simonds Squadron Royal Canadian Air Cadets 17. Committee of the Whole 17.1 Insurance Services 17.2 Saint John Energy Optimization 17.3 Letter of Support for Extended Hours for Local Bars 17.4 Letter of Support for ACOA Funding for New Boardwalk Stage 18. Adjournment Ville de Saint John Seance du conseil communal Le fundi 20 mars 2017 18 h, Salle du conseil Comit6 pl6nier 1. Ouverture de la s6ance Si vous souhaitez obtenir des services en fran�ais pour une seance du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. Chacun des points suivants, en totalit6 ou en partie, peut faire l'objet d'une discussion en priv6 en vertu des dispositions pr6vues a 1' article 10 de la Loi sur les municipalites. Le conseil/comite prendra une ou des decisions a cet egard au cours de la seance publique 16 h 30 — Salle de conf6rence, 8e 6tage, h6tel de Ville 9 Approbation du proces-verbal — paragraphe 10.2(4) 10 Question financiere — alinea 10.2(4)c) 11 Question relative a la propriete — alineas 10.2(4)c),d) 12 Question financiere — alinea 10.2(4)c) 13 Question financiere — alinea 10.2(4)c) 14 Question financiere — alinea 10.2(4)c) 15 Heures prolong6es pour les bars lors du spectacle de 1'association de la musique de la c6te Est (ECMA) et discussion a propos de la scene sur la promenade (mairesse suppleante McAlary) 16 Question financiere — alinea 10.2(4)c) S6ance ordinaire 1. Ouverture de la s6ance 2. Adoption du proces-verbal 2.1 Proces-verbal du 6 mars 2017 3. Adoption de Pordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a 1'approbation du conseil 5.1 Seance informative publique : Lotissement Morna Heights et lotissement Greenwood — Modernisation des installations de traitement des eaux us&es (recommandation : accept& a titre informatif) 5.2 Services d'essai des mat&riaux et d'inspection des travaux de construction pour 2017 et 2018 (recommandation figurant au rapport) 5.3 Nomination d'un agent des inspections (recommandation figurant au rapport) 5.4 Demande d'obligation du printemps 2017 (recommandation figurant au rapport) 5.5 Commission sur le stationnement de Saint John — Nomination de Corey Vautour en qualit& d' agent d' execution des arret&s municipaux (recommandation figurant au rapport) 5.6 Port City Water Partners — S&ance informative publique a venir (recommandation : accept& a titre informatif) 5.7 Mus&e de New York — d&partement des droits et de la reproduction (recommandation figurant au rapport) 5.8 Demande de 1'Association R&gionale de la Communaute francophone de Saint-Jean inc. (ARCf) visant a enlever les statues au Passage du port (recommandation : transmettre au directeur g&n&ral) 5.9 Police d'assurance collective d'invalidit& a long terme (recommandation figurant au rapport) 5.10 Acquisition d'une servitude — Parcelle situ&e au num&ro de voirie 491, Chemin City Line (recommandation figurant au rapport) 6. Commentaires pr6sent6s par les membres 7. Proclamation 7.1 Journ&e pourpre — 26 mars 2017 8. D616gations et pr6sentations 9. Audiences publiques —18 It 30 10. Etude des arret6s municipaux 10.1 Projet de modification de 1'Arret6 de zonage visant le 139, promenade Bay Crescent (troisi&me lecture) 10.2 Modification de 1'Arret6 et entente concernant la restriction de poids (premiere et deuxi&me lectures) 11. Interventions des membres du conseil 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux 12.1 Expert-conseil du Plan de voisinage de la p6ninsule centrale 12.2 Services d' experts-conseils et d'ing6nierie concernant la phase 2 du plan strategique en matiere de transport de la Ville de Saint John. 12.3 Services d'inspection d'ing6nierie 2017 13. Rapports d6pos6s par les comit6s 14. Etude des sujets 6cart6s des questions soumises a 1'approbation du conseil 15. Correspondance g6n6rale 15.1 Energie NB — Processus de renouvellement de licence concernant la centrale nucleaire de Point Lepreau 15.2 Services d'appel pour les travailleurs des services communautaires du conseil du travail de Saint John — souper-benefice du May Day — Le I' mai 2017 16. Ordre du jour suppl6mentaire 16.1 Financement provincial de la fontaine a jets douchants du quartier West Side 16.2 Ligue des cadets de 1' air du Canada, escadron 527 Simonds 17. Comit6 pl6nier 17.1 Services d'assurance 17.2 Optimisation de Saint John Energy 17.3 Lettre a 1'appui des heures prolong6es pour les bars locaux 17.4 Lettre d'appui pour le financement de 1'APECA concernant une nouvelle scene sur la promenade 18. Lev& de la s6ance MINUTES—REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN MARCH 6, 2017 AT 6:00 PM IN THE COUNCIL CHAMBER Present: Mayor D. Darling Deputy Mayor S. McAlary Councillor -at -Large Gary Sullivan Councillor Ward 1 Blake Armstrong Councillor Ward 1 Greg Norton Councillor Ward 2 John MacKenzie Councillor Ward 2 Sean Casey Councillor Ward 3 Gerry Lowe Councillor Ward 3 Donna Reardon Councillor Ward 4 David Merrithew Councillor Ward 4 Ray Strowbridge Also Present: Acting City Manager / Commissioner of Growth and Community Development J. Hamilton Deputy City Manager N. Jacobsen City Solicitor J. Nugent Commissioner Water B. McGovern City Engineer B. Keenan Comptroller C. Graham Deputy Commissioner Transportation and Environment J. Hussey Deputy Commissioner Parks and Open Spaces T. O'Reilly Deputy Commissioner Administration I. Fogan Fire Chief K. Clifford Police Chief J. Bates Common Clerk J. Taylor Deputy Common Clerk P. Anglin 1. Call to Order The Mayor called the meeting to order. 2. Approval of Minutes 2.1 Minutes of February 14, 2017 Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the minutes of the meeting of Common Council, held on February n n -- 1-- --- -- --- ----I 2.1 Minutes of February 20, 2017 Moved by Deputy Mayor McAlary, seconded by Councillor Strowbridge: RESOLVED that the minutes of the meeting of Common Council, held on February 20, 2017 be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the agenda of this meeting be approved with the addition of the following items: 16.1Tender for Heritage Window Replacement Saint John City Market Hall; 17.1 Termination of Neighbourhood Service Agreement; 17.2 Tendering Process Construction Contracts — Bidders List; 17.3 Recommended Appointments to Committees; 17.4 Realty Services, City Hall; and 17.5 Letter to Minister of Environment and Local Government re: new Local Governance Act, and Community Planning Act. MOTION CARRIED. 4. Disclosures of Conflict of Interest S. Consent Agenda 5.1 That The Y's Men's Club - Letter of Approval for Special Event Liquor License and Forgiving Cost of License be received for information. 5.2 That the St. Nicholas Philoptochos Society Request for $100 Donation be received for information. 5.3 That the letter from Construction Association of New Brunswick Saint John Region re Plans Taker List be received for information. 5.4 That the Letter from the Province of New Brunswick re age Friendly Recognition Program be referred to the City Manager. 5.5 Refer to Item 14.1 5.6 That as recommended by the City Manager in the submitted report M&C 2017-043: Traffic Paint Award of Contract, notwithstanding the City's Procurement Policy, Common Council authorize City staff to purchase Franklin Paint Company traffic paint for the 2017 construction season as a sole source procurement from Stinson Equipment Limited at a cost of $91,014.60 plus HST. 5.7 That as recommended by the City Manager in the submitted report M&C 2017-045: Tender for Asphalt 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 31, 2017), construction season (May 1 to November 10, 2017) and post construction season (November 11, 2017 to plant close). 5.8 That the Letter from P. Josselyn re Buildings at Union and Wellington Row be received for information. 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 17-19 Main Street (PID#00374686), in accordance with the applicable City purchasing policies. 5.10 That as recommended by the City Manager in the submitted report M&C 2017-036: 2017 Water& Sewerage Utility Fund and General Fund (Transportation & Storm Categories) Capital Program Adjustments, Common Council approve the adjustments to the 2017 Water & Sewerage Utility Fund and General Fund (Transportation & Storm Categories) Capital Programs as contained in the submitted documents with the overall City Share component of the 2017 Capital Programs to remain the same as originally approved by Common Council in November 2016. 5.11 That as recommended by the City Manager in the submitted report M&C 2017-050: Engineering Services —Tilley Avenue — Sanitary Lift Station & Sewer Improvements, the proposal from Crandall Engineering Ltd. for engineering design and construction management services for the Tilley Avenue — Sanitary Lift Station & Sewer Improvements project in the amount of $110,452.90 including HST be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. 5.12 That as recommended by the City Manager in the submitted report M&C 2017-052: Engineering Services — West Side Sanitary Sewer and Storm Water Model Development, notwithstanding the City's Procurement Policy for Engagement of Professional Services, Common Council authorize staff to conduct direct negotiations with CBCL Limited to carry out engineering services for the West Side Sanitary Sewer and Storm Water Model Development. 5.13 That as recommended by the City Manager in the submitted report M&C 2017-040: Lease Renewal of St. Patrick Street Pedway Space for an ATM with Melrim Properties, Common Council adopt the following resolution: 1. That the annual rent, under the Lease dated April 8, 1997 between the City and NBR Holdings Ltd., with the consent of the City now assigned to Melrim Properties Inc., for the five (5) year term from March 1, 2017 to February 28, 2022, is $19.00 per square foot; and 2. That the Mayor and Common Clerk are authorized to execute the necessary documents. 5.14 That as recommended by the City Manager in the submitted report M&C 2017-049: Sale of City Property at Civic #100 Clovelly Drive, Common Council enter into the Agreement of Purchase and Sale with Village View No. 2 Limited Partnership by its general partner, SBLS Holdings Inc., attached to the report, and further direct the Mayor and Common Clerk to execute any document necessary to effect the transfer. 5.15 That as recommended by the City Manager in the submitted report M&C 2017-046: Land Acquisitions — Portions of Civic #483 and #487 City Line, Common Council adopt the following resolution: 1. That the City acquire from Amy Elizabeth Lanteigne: Freehold interest in a 39.35 sq. m. +/- portion of land designated PID # 389346, and Freehold interest in a 46.34 so. m +/- portion of said PID # 2. That the Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction. 5.16 That as recommended by the City Manager in the submitted report M&C 2017-047: Submitter Merchant New Division Application & Agreement and Chase Paymentech Processing Instructions & Guidelines, Common Council authorize the Mayor and Common Clerk to execute the submitted agreements between City of Saint John, Chase Paymentech and Paymentus Corporation to facilitate online payments for the City of Saint John. 5.17 That the Letter from Ability New Brunswick — Increased Fines for Violations of Accessible Parking be referred to the Parking Commission. 5.18 Refer to Item 14.2 5.19 That the Forever Highland Dance Association Request for Financial support be received for information. 5.20 That the Samuel -de -Champlain Request for Financial Contribution be received for information. 5.21 That as recommended by the City Manager in the submitted report M&C 2017-042: Canada Games Aquatic Centre (CGAC)- Air Handling Units (AHU(s)) assets renewal, the tender submitted by John Flood and Sons (1961) Ltd for the replacement of the two Air Handling Units (AHU), in the amount of $1,165,070.70 including HST be accepted; and further to the base tender amount, Council approves that a contingency allowance be carried for this project in the amount of $15,000, for a total amount of $1,180,070.70, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the recommendation set out for each consent agenda item respectively, with the exception of items 5.5 and 5.18 which have been identified for debate, be adopted. 1► [QIM0114L1all all 1I191 6. Members Comments Council members commented on various community events. 7. Proclamation 7.1 Nutrition Month - March, 2017 The Mayor proclaimed March 2017 as Nutrition Month in the City of Saint John. 7.2 National Engineering Month - March, 2017 The Mayor proclaimed March 2017 as National Engineering Month in the City of Saint John. 8. Delegations/Presentations 9.1.1 Planning Advisory Committee report recommending amendment of Section 39 Conditions 9.1.2 Proposed Section 39 Amendment - 28-36 Carmarthen Street and 25 Wentworth Street The Common Clerk advised that the necessary advertising was completed with regard to the proposed Section 39 Amendment amending the Section 39 conditions imposed on the April 13, 2015 rezoning of the property located at 28- 36 Carmarthen Street, and 25 Wentworth Street, also identified as PID Numbers 00016626, 00016642, 00017046, 00017053, 00017061, 00017079, 00017087, 00017095, 00017103, 00017111, 00017129, 55106827, 55106835, 55106843 and 55227742 to permit a revised proposal to develop a parking structure, 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 February 6, 2017 meeting at which the committee recommended the amendment of the existing Section 39 conditions. 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 Rick Turner Hughes Surveys representing JD Irving Limited presenting. A video of the project was shown that highlighted the substantial benefits to the City and JDI including: ➢ Convenient, functional and safe parking for employees; ➢ Pedestrian promenade enhances public access in a park -like setting; ➢ Development beautifies the neighbourhood; ➢ Additional parking supports future growth of JDI operations. Moved by Deputy Mayor McAlary, seconded by Councillor Lowe: RESOLVED that Common Council: 1) Amend the existing Section 39 conditions for a parcel of land having an area of approximately 6400 square metres, located at 28-36 Carmarthen Street, and 25 Wentworth Street, also Identified as PID Numbers 00016626, 00016642, 00017046, 00017053, 00017061, 00017079, 00017087, 00017095, 00017103, 00017111, 0017129, 55106827, 55106835, 55106843 and 55225742, to permit the establishment of a structured parking garage. 2) That pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 6400 square metres, located at 28-36 Carmarthen Street, and 25 Wentworth Street, also Identified as PID Numbers 00016626, 00016642, 0017046, 00017053, 00017061, 00017079, 00017087, 00017095, 00017103, 00017111, 00017129, 55106827, 55106835, 55106843 and 55225742 for a parking garage serving the adjacent office tower at 300 Union Street, be subject to the following conditions: a. The site shall not be developed except in accordance with a detailed site plan and elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location, height and dimensions of the proposed parking linking Carmarthen Street to Wentworth Street as a component of the development to preserve public access through the site. The walkway shall be maintained by the applicant; c. That a signalized Intersection be installed at the Wentworth Street and Union Street intersection, subject to the approval of the Chief City Engineer or designate; d. That a ground -mounted pedestrian crosswalk be installed on Wentworth Street, south of Elliott Row, subject to the approval of the Chief City Engineer or designate; e. That the Signalized intersection mentioned in condition (c) and the pedestrian crosswalk mentioned in condition (d) above be completed prior to the opening of the proposed garage; f. That all costs associated with the installation of the signalized intersection mentioned in condition (c) and the pedestrian crosswalk mentioned in condition (d) above be paid for by the developer; g. The approved plans mentioned in condition (a) above must be attached to the application for building permit for the development; and h. All work shown on the site plan must be completed by June 30, 2018. i. That existing water and/or sewer lines located beneath the section of the subject site that previous formed a portion of Elliott Row be decommissioned and disconnected by the developer prior to the completion of the proposed parking garage, subject to the approval and satisfaction of the Chief City Engineer or designate. j. The developer, prior to the completion of the proposed parking garage, subject to the approval and satisfaction of the Chief City Engineer or designate, shall disconnect and remove an existing fire hydrant and provide and install a new fire hydrant. 9.2 Staff Presentation —139 Bay Crescent Drive — Proposed Zoning Bylaw Amendment 9.2.1 Planning Advisory Committee report recommending Rezoning 9.2.2 Proposed Zoning Bylaw Amendment (1St and 2nd Reading) The Common Clerk advised that the necessary advertising was completed with regard to the proposed zoning bylaw amendment for a parcel of land located at 139 Bay Crescent Drive to accommodate the existing wastewater treatment facility, with no written objections received. The Planning Advisory Committee recommended approval of the re -zoning as set out in the submitted report. The Mayor called for members of the public to speak against the re -zoning with no one presenting. Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John," amending Schedule A, the Zoning Map of The City of Saint John, by re -zoning a parcel of land having an area of approximately 1,468 square meters, located at 139 Bay Crescent Drive, also identified as PID Number 00024364, from Rural Settlement Residential (RS) to Utility Service (US), be read a first time. 1► [0000114L1:k]k]11191 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 MacKenzie: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John," amending Schedule A, the Zoning Map of The City of Saint John, by re -zoning a parcel of land having an area of approximately 1,468 square meters, located at 139 Bay Crescent Drive, also identified as PID Number 00024364, from Rural Settlement Residential (RS) to Utility Service (US), 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." 9.3 Staff Presentation — Saint John Heritage Conservation Areas Bylaw — Proposed Amendments for an Improved Heritage Service 9.3.1 Proposed Amendments to Heritage Conservation Areas Bylaw (1St and 2nd Reading) Referring to the submitted report entitled Proposed Amendments to Heritage Conservation Areas Bylaw Deputy Commissioner Poffenroth commented on the proposed amendments and their strategic alignment with Council priorities and modernization. Responding to questions, the Acting City Manager advised that before third reading a report addressing the public members comments will be submitted to Council. The Common Clerk advised that the necessary advertising was completed with regard to the proposed amendments to the Heritage Conservation Areas Bylaw, with no written objections received. The Mayor called for members of the public to speak against the proposed amendments with Jim Bezanson, Wentworth Street and Joan Pearce, Pelton Road presenting. Bezanson comments / questions included the following points: ➢ Legal importance for defining terms: maintenance, respectful, subordinate, standards, guidelines; ➢ Demolition of accessory buildings needs clarification; ➢ Concern with scheduling monthly meetings of Heritage Development Board rather than bi-weekly when the appeal process remains 15 days: Pearce comments / questions included the following points: ➢ Questioned the rationale removing definitions maintenance, standards, guidelines, design; ➢ Concern current section 6 deleted and replaced with vague wording. The Mayor called for members of the public to speak in favour of the proposed amendments with Howard Yeomans, 451 Millidge Avenue presenting. H. Yeomans comments supported growth and encouragement of clarity on heritage development. Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that the by-law entitled, "By -Law Number HC -1 A Law to Amend the Saint John Heritage Conservation Areas By -Law", amending several sections of the Heritage bylaw to provide clarity and efficiency, be read a first time. Read a first time by title, the by-law entitled, "By -Law Number HC -1 A Law to Amend the Saint John Heritage Conservation Areas By -Law." Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that the by-law entitled, "By -Law Number HC -1 A Law to Amend the Saint John Heritage Conservation Areas By -Law", amending several sections of the Heritage bylaw to provide clarity and efficiency, be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "By -Law Number HC -1 A Law to Amend the Saint John Heritage Conservation Areas By -Law." 10. Consideration of By-laws 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 Clean Water Wastewater Fund (CWWF) Funding Contribution Agreements Referring to the submitted report M&C #2017-035: Clean Water Wastewater Fund (CWWF) Funding Contribution Agreements, Commissioner McGovern commented on the applications for the SCDWP twelve funding projects. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that as recommended by the City Manager in the submitted report M&C 2017-035: Clean Water Wastewater Fund (CWWF) Funding Contribution Agreements, Common Council authorize the Mayor and Common Clerk to execute the submitted twelve Funding Contribution Agreements under the Clean Water Wastewater Fund. MOTION CARRIED. 13. Committee Reports base, jobs, people and actions. The forthcoming document will be presented to Council on or about March 27tH Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the verbal update be received for information. MOTION CARRIED. 13.2 Planning Advisory Committee: Proposed LPP Release - 177 Mark Drive Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that Common Council approves the sale of a portion of a city owned parcel of land, previously vested to the City as Land for Public Purposes, located and 177 Mark Drive, also identified as PID number 55151328 and that the Mayor and Common Clerk be authorized to execute the required documents. 1► [QIM0114L1all all 1I191 13.3 City of Saint John Asset Management Policy Statement Referring to the submitted report entitled City of Saint John Asset Management Policy Statement, Energy Manger Samir Yammine outlined the long-term objectives of the policy. Moved by Councillor Merrithew, seconded by Councillor Sullivan: RESOLVED that as recommended by the City Manager in the submitted report entitled City of Saint John Asset Management Policy Statement, Common Council approve the City of Saint John Asset Management Policy Statement contained in Appendix A to the report, as follows: " 1. POLICY STATEMENT To confirm the City of Saint John's (City's) support for implementing asset management practices to ensure sustainable delivery of services, the City adopts the following statement. The City of Saint John shall adopt and apply recognized asset management practices in support of delivering services to its customers reflecting the vision presented in the City's Municipal Plan, PlanSJ, and related strategic plans. Specific objectives of the Asset Management (AM) policy are to: • Improve the reliability of customer service by maintaining clearly defined levels of service • Improve the decisions related to the management of the City's assets • Improve the transparency and accountability of community investments in the management of the City's assets • Improve the management of the City's exposure to risks of reduced service delivery • Facilitate the leveraging of partnerships and infrastructure funding from external sources The City shall maintain a strategy for the implementation of asset management • Incorporating industry recognized asset management protocols • Defining levels of service • Applying risk-based decision making processes • Utilizing lifecycle costing principles • Incorporating continuous improvement practices Asset management will be considered and integrated in the development of all other organizational plans." MOTION CARRIED. 14. Consideration of Issues Separated from Consent Agenda 14.1 Petition from the Residents of Greater Saint John re: Frustration with the Escalators and Elevators within the Pedway system Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that the petition entitled Petition from the Residents of Greater Saint John re: Frustration with the Escalators and Elevators within the Pedway system be received for information. MOTION CARRIED. 14.2 Pedway Escalators Status Report Samir Yammine updated Council on the new safety standards regulations and testing by the Provincial Inspector to address the step gap issue. New steps were ordered that will be installed on Friday and tested early next week. The escalator is currently being operated as a stair. Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that M&C 2017-054: Pedway Escalators Status Report, be received for information. MOTION CARRIED. 15. General Correspondence 16. Supplemental Agenda 16.1 Tender for Heritage Window Replacement Saint John City Market Hall Samir Yammine commented on the estimate for the custom made windows that are 14 feet wide and recommended the proposed replacement. Moved by Councillor Sullivan, seconded by Deputy Mayor McAlary: RESOLVED that as recommended by the City Manager in the submitted report M&C 2017-048: Tender for Heritage Window Replacement Saint John City Market Hall, the tender submitted by Eclipse Construction Services, for the replacement of the Heritage Window Replacement, in the amount of $853,252.85 including HST be accepted. Further to the base tender amount, it is recommended that a contingency allowance be carried for this project in the amount of $35,000 plus HST, for the total amount of $893,502.85 including HST; and further that the 17. Committee of the Whole 17.1 Termination of Neighbourhood Service Agreement Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that as recommended by the Committee of the Whole having met on March 6t", 2017 Common Council approves to immediately terminate its Neighbourhood Service Agreement with Westside P.A.C.T. with one exception, being that Westside P.A.C.T. not be obligated to reimburse the City unused 2016 funds via said Agreement, and that the Mayor and Common Clerk be authorized to process the necessary documentation. 1► IQ11000114Y1:l11I191 17.2 Tendering Process Construction Contracts - Bidders List Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that as recommended by the Committee of the Whole, having met on March 6t", 2017, Common Council approves that the Chief City Engineer be directed to advise the Saint John Construction Association that the City will continue its existing Tendering Policy For Construction Contracts regarding not releasing the names of those companies who have taken out tender documents. MOTION DEFEATED with Councillors Armstrong, MacKenzie, Norton, Casey, Reardon, and Strowbridge voting nay. 17.3 Recommended Appointments to Committees Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that as recommended by the Committee of the Whole, having met on March 6t", 2017, Common Council approve the following appointments: Central Peninsula Neighbourhood Action Team: to appoint Lauchlan Ough, Ben Appleby, Milad Pirayegar Emrouzeh, Jeff Roach, Kay Gilles, Sophie McAloon and Anne McShane effective March 6, 2017 until the neighbourhood plan is complete. MOTION CARRIED with Councillor Lowe voting nay. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that as recommended by the Committee of the Whole having met on March 6t", 2017 Common Council approve the following appointments: Jeux Canada Games Foundation: to appoint Sean Darrah for a three year term from March 6, 2017 to March 6, 2020. Saint John Community Arts Board: to appoint Darren McLeod for a three year term from March 6, 2017 to March 6, 2020. Taxicab Advisory Committee: to appoint Councillor Ray Strowbridge from March 6, 2017 to the end of his current term on Council. Power Commission of The City of Saint John: to reappoint James Shaw for a three year term from March 13, 2017 to March 13, 2020; and to reappoint Shelley Courser for a three vear term from March 25. 2017 to March 25. 2020. Harbour Station Commission: to appoint Ron Hutton for a three year term from March 6, 2017 to March 6, 2020. PRO Kids: to appoint Jennifer Brown for a three year term from March 6, 2017 to March 6, 2020; and to reappoint Natalie Hatt from April 28, 2017 to April 28, 2020. Saint John Port Authority: to authorize the Common Clerk's office to publish two advertisements in the Telegraph Journal for interested applicants. MOTION CARRIED. 17.4 Realty Services, City Hall Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that as recommended by the Committee of the Whole having met on March 6t", 2017 Common Council approve the contract with Eastern Commercial Inc. doing business as Cushman Wakefield Atlantic upon the following terms and conditions: The City's obligations are: • On Purchase, 2% of value, to a maximum of $100,000, • On Lease, 50 cents per square foot per year of term, to a maximum of $150,000, • With a minimum payment of $40,000. The rate included is very competitive for a commercial transaction and provides excellent value to the City. The minimum is considered reasonable given there is a possibility that the City could obtain new City Hall space at close to no up -front costs or at minimal cost. The proposed fee is to provide fair compensation for services included should a straight commission not be applicable. The list of services to be provided for with the contract are: a. Reviewing and providing input on the City's space allocation study of the City of Saint John's requirements; b. Assisting the City in finalizing the mandatory and technical specifications required to select appropriate space for city hall. This will include the development of comprehensive evaluation criteria to ensure that the City of Saint John's requirements are met (including specifications, schedule and budget); c. Preparing a comprehensive market study of available properties and options for city hall. In order to ensure a fair and transparent process, properties to be included in the market study will be identified through various means including, but not limited to: • Advertising through newspaper and website ads, the City's pursuit of property (informal expression of interest) directing interested parties to the proponent; • The proponent's research of the market; and • Contacting parties who have shown an interest to -date. d. Work with the City to evaluate potential properties in relation to the requirements and evaluation criteria to determine the suitability of each space in order to develop an appropriate shortlist of candidate properties/space; e. In the event that the city determines that a negotiated RFP process is warranted, support the City in preparing the same; f. Prepare and negotiate potential landlord leases and/or building purchase agreements for existing location and alternatives; g. Analyze initial term sheets received — both financial and non-financial proposed terms, as well as build -out costs and timeframe implications; h. Prepare presentations comparing alternatives to the City of Saint John's key stakeholders including the senior leadership team and Common Council as required; i. Assist the City of Saint John in selecting primary and fallback locations; j. Solicit draft transaction documents from selected landlords and/or sellers; k. Assist the City of Saint John and legal counsel with lease and/or purchase negotiation processes; I. Coordinate execution of all transaction documents, evidence of insurance, and other relevant documents; and m. Provide consulting services to support occupancy in new city hall space, as appropriate. Additionally, Cushman shall not at any time during the operation of this Agreement either have a commercial relationship or be engaged in attempting to establish such a relationship with the owner of any property identified, pursuant to the negotiated RFP process anticipated by this Agreement, as a potential location for Saint John City Hall. Breach of this provision shall operate to terminate this Agreement, to disentitle the Consultant to any compensation hereunder, and shall oblige the Consultant to promptly indemnify the City with respect to any cost or expense which the City it incurs in obtaining from a third party the services described herein, which would otherwise have been provided by the Consultant. It is expressly agreed that this provision survives the termination of this Agreement. Together with the terms and conditions customarily included in similar consulting contracts with the City; and further that the Mayor and Common Clerk be authorized to execute the corresponding contract. MOTION CARRIED. 17.5 Letter to the Minister of Environment and Local Government on the new Local Governance Act and Community Planning Act Moved by Deouty Mavor McAlarv. seconded by Councillor MacKenzie: with our feedback that will be forthcoming in more detail. MOTION CARRIED. 18. Adjournment Moved by Councillor Strowbridge, seconded by Councillor Armstrong: RESOLVED that the meeting of Common Council held on March 6, 2017 be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 8:22 p.m. Deputy Mayor/ maire Common Clerk/ greffier communal COUNCIL REPORT M&C No. 2017-067 Report Date March 14, 2017 Meeting Date March 20, 2017 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Public Information Session: Morna Heights and Greenwood Subdivision - Wastewater Treatment Facilities Upgrades OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Kevin O'Brien Brent McGovern /Brian Keenan Jeff Trail RECOMMENDATION It is recommended that this report be received and filed. EXECUTIVE SUMMARY The purpose of this report is to inform Council of two Public Information Sessions that will be held in relation to the Morna Heights and Greenwood Subdivision - Wastewater Treatment Facilities Upgrades project, and to update Council on the status of the project. PREVIOUS RESOLUTION November 14, 2016 - 2017 Water & Sewerage Utility Fund Capital Program Approved. March 6, 2017 — Revisions to 2017 Water & Sewerage Utility Fund Capital Program. 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. 15 -2 - REPORT The approved Water & Sewerage Utility Fund Program includes projects for the design and replacement of the Morna Heights and the Greenwood Subdivision Wastewater Treatment Facilities. The design work for the replacement of each facility is underway. As part of the environmental approval process, each project must be registered for an Environmental Impact Assessment (EIA) with the Province. Public engagement is one component of the EIA process. In addition, these are major projects that will have an impact on each of the local areas during construction. It is for these reasons that staff have decided to hold Public Information Sessions to allow local residents an opportunity to view the project drawings, ask questions and give their feedback. The following Public Information Sessions will be held: Morna Heights Wastewater Treatment Facilitv Upgrades Wednesday, March 22, 2017 2-4 p.m. and 6-8 p.m. Saint John Marina 2050 Westfield Road Greenwood Subdivision Wastewater Treatment Facilitv Upgrades Thursday, March 23, 2017 2-4 p.m. and 6-8 p.m. Silver Falls United Church 840 Loch Lomond Road This report is being provided for the information of Council and to extend an invitation to any Councillors who may wish to attend the Public Information Sessions. The Public Information Sessions will be advertised and a copy of the attached notices will be delivered door to door in the project areas. SERVICE AND FINANCIAL OUTCOMES The existing Morna Heights and Greenwood Subdivision Wastewater Treatment Facilities are older, trickling filter type facilities. Both facilities have experienced issues with the mechanical systems in the past and both are in need of replacement. The approved 2017 Water & Sewerage Utility Fund Capital program includes funding for the design, construction and construction management components of the project. Partial funding for each project will come from the Clean Water Wastewater Fund. -3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/a ATTACHMENTS Morna Heights Public Information Session Notice Greenwood Subdivision Public Information Session Notice 17 PUBLIC INFORMATION SESSION GREENWOOD SUBDIVISION WASTEWATER TREATMENT FACILITY UPGRADES The City of Saint John will be undertaking the installation of a new wastewater treatment facility to replace the existing facility located at 173 Karen Street. The existing facility will be demolished once the new facility is in operation. The purpose of this project is to provide upgraded wastewater treatment to the Greenwood Subdivision area. The project will begin in April 2017 with an anticipated completion by March 31, 2018. Construction activities will include: • Site vegetation clearing — anticipated to begin late March or early April 2017. • The construction of a new wastewater treatment facility contained within a small building, new underground infrastructure and the decommissioning and removal of the existing facility once the new facility is operational. • The project is expected to be completed by March 31, 2018. • There will be minimal traffic disruptions during the project; however, construction crews and associated traffic will be present. This project is part of the City's ongoing commitment to continually improve its infrastructure and is included in the 2017 City of Saint John Water & Sewerage Utility Fund Capital Program. Representatives from the City of Saint John and the project design team from Dillon Consulting Limited will be available to answer questions related to the project. The public is invited to attend an information session on this project on the following date and times: Date: Thursday, March 23, 2017 Time: 2:00 — 4:00 pm and 6:00 — 8:00 pm Location: Silver Falls United Church 840 Loch Lomond Road For further information about this project, please contact Saint John Water at (506) 658-4455 or the Consultant, Dillon Consulting Limited, at (506) 633-5000. iF:3 PUBLIC INFORMATION SESSION MORNA HEIGHTS WASTEWATER TREATMENT FACILITY UPGRADES The City of Saint John will be undertaking the installation of a new wastewater treatment facility to replace the existing facility located at 139 Bay Crescent Drive. The existing facility will be demolished once the new facility is in operation. The purpose of this project is to provide upgraded wastewater treatment for the Morna Heights area. The project will begin in April 2017 with an anticipated completion by March 31, 2018. Construction activities will include: • Site vegetation clearing — anticipated to begin late March or early April 2017. • The construction of a new wastewater treatment facility contained within a small building, new underground infrastructure and the decommissioning and removal of the existing facility once the new facility is operational. • The project is expected to be completed by March 31, 2018. • There will be minimal traffic disruptions during the project; however, construction crews and associated traffic will be present. This project is part of the City's ongoing commitment to continually improve its infrastructure and is included in the 2017 City of Saint John Water & Sewerage Utility Fund Capital Program. Representatives from the City of Saint John and the project design team from Dillon Consulting Limited will be available to answer questions related to the project. The public is invited to attend an information session on this project on the following date and times: Date: Wednesday, March 22, 2017 Time: 2:00 — 4:00 pm and 6:00 — 8:00 pm Location: Saint John Marina 2050 Westfield Road For further information about this project, please contact Saint John Water at (506) 658-4455 or the Consultant, Dillon Consulting Limited, at (506) 633-5000. COUNCIL REPORT M&C No. 2017-56 Report Date March 10, 2017 Meeting Date March 20, 2017 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council: SUBJECT: Materials Testing and Construction Inspection Services for 2017 and 2018 OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Rod Mahaney Michael Hugenholtz /Brian Keenan Jeff Trail RECOMMENDATION It is recommended that the proposal from Stantec Consulting Ltd., for Material Testing and Construction Inspection Services for 2017 and 2018 in the amount of $725,801.35 including HST be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award the Materials Testing and Construction Inspection services for asphalt concrete, Portland cement concrete and soils compaction for the years 2017 and 2018 to Stantec Consulting Ltd. PREVIOUS RESOLUTION November 28, 2016; 2017 General Fund Capital Program Approved. December 12, 2016; 2017 General Fund Operating 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. K91 -2 - REPORT BACKGROUND The approved 2017 General Fund Capital and General Fund Operating Programs include funding for the Materials Testing and Construction Inspection Services. A Request for Proposal (RFP) was advertised to engage an Engineering firm to carry out the following services for the above noted project: ♦ Asphalt Concrete Testing, Inspection, and Engineering Technical Services ♦ Portland Cement Concrete Field and Laboratory Testing, Inspection, and Engineering Technical Services; and ♦ Soils and Granular Materials Compaction, Testing, Inspection and Engineering Technical Sevices. In each of these three areas there are significantly different services required in providing for inspection and testing. Asphalt concrete requires a number of tests on both its physical and chemical properties requiring sophisticated lab equipment and facilities. Portland cement concrete requires a number of field tests as well as a physical stress test for which the City does not possess the equipment. Soils compaction testing involves both field and laboratory evaluation for base/sub-base aggregate for road construction, retaining wall construction and other projects. ANALYSIS With a comprehensive terms of reference document developed by staff, a public call for proposals was made for Materials Testing and Construction Inspection Services. The Request for Proposal (RFP) closed on March 9, 2017 with responses received from the following four consulting engineering companies: • Stantec Consulting Ltd., Saint John, NB • Gemtec Ltd., Saint John, NB • Brunswick Engineering & Consulting Inc., Saint John, NB • Conquest Engineering Ltd., Saint John, NB A Review Committee consisting of staff from Materials Management and Transportation & Environment Services was formed to evaluate submissions. Each member completed an independent review of the submissions and a joint discussion was held to develop the final ranking of submissions. The Review Committee came to a conclusion on their recommendation, which follows later in the report. 21 -3 - The evaluation process uses the expertise of a variety of staff from Purchasing, Engineering and Operations to ensure a thorough review of the various submissions. Care must be taken to ensure that the necessary level of effort and expertise is being directed to the various tasks involved in the work, while still ensuring that costs to be incurred are appropriate and controllable. It is for these reasons that cost, although very important, cannot be the sole nor most critical deciding factor in making the selection of a consulting engineering firm. The Committee was tasked with the role of reviewing each submission against the proposal evaluation criteria as defined in the proposal call document. These criteria consisted of the following: 1. Quality and Completeness — Does the proposal address all of the needs raised? Is the proposal presented in an organized and professional manner? 2. Consultant's Experience — Has the consultant demonstrated a level of expertise with the requirements of this project? 3. Experience of Employees / Sub -consultants — Has the consultant demonstrated a level of expertise for the employees of the company and sub consultants listed? 4. Methodology— Does the approach to the project outlined in the proposal address, in a realistic sense, attainable goals and is it in keeping with the City's expectations for the project? 5. Cost— Cost will be a factor, however not the only factor to be considered. Is the price quoted in line with the City's estimate for the work and has it allowed for each aspect of the project to be adequately addressed? After careful, independent consideration of presentation, company experience, personnel and technical proposal, the Review Committee met to analyze the findings of each member. After completion of the "technical" evaluation, the financial proposals were opened and addressed. These had been submitted in separate, sealed envelopes. After due consideration, the Review Committee selected the submission of Stantec Consulting Ltd., as the best proposal based on an overall rating of the evaluation criteria - presentation, company experience, personnel, technical proposal and cost. The submission from Stantec Consulting Ltd., met all of the requirements of the proposal call, in a manner acceptable to the committee, with a cost effective bid for the project. WA -4- Stantec's proposal scored the highest overall, offering the best overall solution for the City with the most comprehensive methodology and approach, a project schedule to meet project expectations and highly experienced and qualified project team members. Staff believed that Stantec's proposal demonstrated a deeper understanding of the scope and objectives outlined by the City and that Stantec's proposed methodology represents the greatest value for the City. POLICY — ENGAGEMENT OF ENGINEERING CONSULTANTS The costs incurred by the consultant will be paid in accordance with the terms of the Request For Proposal at the rates submitted and accepted in the consultants proposal not to exceed the Recommended Hourly Rates as contained in The Association of Consulting Engineering Companies — New Brunswick fee guideline. SERVICE AND FINANCIAL OUTCOMES The proposed cost of work from Stantec Consulting Ltd., to provide Materials Testing and Construction Inspection Services for this project is $725,801.35 including HST, based on estimated quantities. This cost is based on providing the requested services for a period of 2 years ($354,784.55 in 2017 and $371,016.80 in 2018). The cost to cover these services are included in the Operating and General Fund Capital Program Budgets. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Materials Management facilitated the RFP process to solicit proposals from Engineering Consultants for the Material Testing and Construction Inspection Services. The committee was tasked with the role of reviewing each submission against the proposal evaluation criteria as defined in the proposal call document. In accordance with the City's policies and procedures, separate assessments of the technical and financial aspects of the submissions were undertaken by the evaluation committee members. The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. ATTACHMENTS N/a W COUNCIL REPORT M&C No. 2017-064 Report Date March 10, 2017 Meeting Date March 20, 2017 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Designation of Inspection Officer OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Rachel Van Wart A Poffenroth/J Hamilton Jeff Trail RECOMMENDATION It is recommended that Common Council adopt the attached resolution. EXECUTIVE SUMMARY The purpose of this report is to designate Gary Bennett, Assistant Building Inspector, for the various by-laws enforced by Growth and Community Development Services. In doing so, Mr. Bennett is designated and authorized to: • Conduct inspections pertaining to enforcement of the Saint John Minimum Property Standards By-law; • Enter on property for the purpose of making any inspection necessary for the administration of by-laws that fall within the scope of the Community Planning Act; and • Conduct inspections pertaining to enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT This report aligns with Council's Vibrant, Safe City priority. 0&1 -2 - REPORT From time to time, due to staff changes, it is necessary to designate appropriate individuals as Inspection Officers for the various by-laws enforced by Growth and Community Development Services. Mr. Gary Bennett has been hired as an Assistant Building Inspector. At this time, it is necessary to appoint Mr. Bennett as an Inspection Officer, so that he may conduct inspections pertaining to enforcement of the Saint John Minimum Property Standards By-law. It is also necessary at this time to authorize Mr. Bennett for the right to enter upon property for the purpose of making any inspection necessary for the administration of by-laws that fall within the scope of the Community Planning Act. These powers of entry are described in Section 92(1) of the Act and extend to the Saint John Building By- law, the Zoning By-law and the City of Saint John Flood Risk Areas By-law. In addition, Mr. Bennett will be designated and authorized to conduct inspections pertaining to enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law. SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS Resolution OR RESOLVED, that as recommended by the City Manager, the following resolution be adopted: 1. WHEREAS the Common Council of The City of Saint John has enacted certain by- laws pursuant to the authority of the Community Planning Act, R.S.N.B 1973, c. C- 12, and amendments thereto, (the "Community Planning Act") including the Saint John Building By-law, By-law Number C.P. 102 and amendments thereto, and it may from time to time be necessary to make inspections for the administration of this By- laws; AND WHEREAS subsection 92(1) of the Community Planning Act provides that a council may authorize persons to enter at all reasonable times upon any property within its jurisdiction for the purpose of making any inspection that is necessary for the administration of a by-law: NOW THEREFORE BE IT RESOLVED, that Gary Bennett, who is a City Inspector, is hereby authorized to enter at all reasonable times upon any property within the territorial boundaries of the City of Saint John for the purpose of making any inspection that is necessary for the administration of the Saint John Building By-law, effective immediately, and this authorization shall continue until he ceases to be an employee of the Growth and Community Development Services department of The City of Saint John or until rescinded by Common Council, whichever comes first. 2. WHEREAS the Common Council of The City of Saint John has enacted certain by- laws pursuant to the authority of the Community Planning Act, R.S.N.B 1973, c. C- 12, and amendments thereto, (the "Community Planning Act") including the Saint John Building By-law, By-law Number C.P. 102, and amendments thereto, and it may from time to time be necessary to make orders for the administration of these By-laws; WHEREAS subsection 93(1) of the Community Planning Act provides that a council may authorize persons to, when a development is undertaken in contravention of the Community Planning Act, a by-law or regulation under the Community Planning Act, a by-law or terms and conditions imposed on the development, order the cessation of the development, alteration of such development so as to remove the contravention, or the doing of anything required to restore the land, building or structure to its condition immediately prior to the undertaking of such development: NOW THEREFORE BE IT RESOLVED, that Gary Bennett who is a City Inspector, is hereby authorized to, when a development is undertaken in 41.1 contravention of the Community Planning Act, the Saint John Building By-law or the terms and conditions imposed on the development, order the cessation of the development, alteration of such development so as to remove the contravention, or the doing of anything required to restore the land, building or structure to its condition immediately prior to the undertaking of such development, effective immediately, and this authorization shall continue until he ceases to be an employee of the Growth and Community Development Services department of The City of Saint John or until rescinded by Common Council, whichever comes first. 3. WHEREAS subsection 4(1) of the Saint John Minimum Property Standards By-law, By-law number M-14, provides that Common Council may for the purposes of the administration and enforcement of the said by-law, appoint inspection officers who may exercise such powers and perform such duties as may be set out in the said by- law and/or the Residential Properties Maintenance and Occupancy Code Approval Regulation Municipalities Act and/or the Municipalities Act: NOW THEREFORE BE IT RESOLVED, that Gary Bennett is hereby appointed as an inspection officer with respect to the enforcement of the Saint John Minimum Property Standards By-law which received first and second reading by Common Council on August 18, 2008 and third reading on September 2, 2008, being enacted upon approval by the Minister of Local Government, and/or the Residential Properties Maintenance and Occupancy Code Approval Regulation Municipalities Act and/or the Municipalities Act, and this appointment shall continue until he ceases to be an employee of the Growth & Community Development Services department of the City of Saint John or until it is rescinded by Common Council, whichever comes first. 4. WHEREAS the Common Council of The City of Saint John has enacted certain by- laws pursuant to the authority of the Municipalities Act, R.S.N.B 1973, c. M-22, and amendments thereto, (the "Municipalities Act") including the Saint John Unsightly Premises and Dangerous Buildings and Structures By- law, By-law Number M- 30 and amendments thereto, and it may from time to time be necessary to make inspections for the administration of the By-law; AND WHEREAS subsection 102.1(1) of the Municipalities Act provides that a council may authorize officers to enter at all reasonable times upon any property within its jurisdiction for the purpose of making any inspection that is necessary for the administration the By-law: NOW THEREFORE BE IT RESOLVED, that Gary Bennett, City Inspector, is hereby appointed as an inspection officer and authorized to enter at all reasonable times upon any property within the territorial boundaries of the City of Saint John AXI for the purpose of making any inspection that is necessary for the administration of the Saint John Unsightly Premises and Dangerous Buildings and Structures By- law which received first and second reading by Common Council on February 27, 2012 and third reading on March 12, 2012, being enacted upon approval by the Minister of Local Government, and/or the Municipalities Act, effective immediately, and this authorization shall continue until he ceases to be an employee of the Growth and Community Development Services department of The City of Saint John or until rescinded by Common Council, whichever comes first. K-11 COUNCIL REPORT M&C No. 2017-58 Report Date March 10, 2017 Meeting Date March 20, 2017 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Spring 2017 Debenture 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 Hilary Nguyen Kevin Fudge m I Jeff Trail RECOMMENDATION Whereas occasion having arisen in the public interest for the following public civic works and needed civic improvements, that is to say: GENERAL FUND Protective Services $ 500,000 Transportation Services $ 3,700,000 Economic Development $ 300,000 Parks and Recreation $ 500,000 TOTAL Wel $ 5,000,000 5 -2- 1. Therefore resolved that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto to the amount of five million dollars ($5,000,000). 2. Commissioner of Finance be authorized to issue and to sell to the New Brunswick Municipal Finance Corporation (the "Corporation") a City of Saint John bond or debenture in the principal amount of five million dollars ($5,000,000) at such terms and conditions as are recommended by the Corporation. 3. Commissioner of Finance be authorized to pay principal and interest charges on the above bond or debenture to the Corporation. 4. And further that the Commissioner of Finance be hereby authorized to receive an offer in connection with the foregoing debenture at a price not less than $98 per $100 of debenture, at interest rates not to exceed an average of 4.50% and at a term not to exceed 15 years for the issue related to the General Fund. 5. And further that the Commissioner of Finance report to Common Council the exact values for price per $100 of debenture, interest rate and term in years, together with the date of the issue. EXECUTIVE SUMMARY Notice of motion was given at the February 6t", 2017 meeting of Common Council regarding the need to borrow five million dollars ($5,000,000). The next step in the debenture financing is to submit application to the New Brunswick Municipal Finance Corporation. In order to proceed with the debenture financing this recommendation requires Council's adoption. PREVIOUS RESOLUTION M&C — 2017-016 — Spring 2017 Debenture Issue — Notice of Motion 091 -3 - REPORT The New Brunswick Municipal Finance Corporation is planning a bond issue in the near future and applications are to be submitted by March 29, 2017. While the issue will not be sold until the Corporation feels that rates are reasonable, they have provided ranges within which the issue could be sold. These are as follows: Interest Rate: Not to exceed an average of 4.50% Price, Net: Not to be less than $98.00 per $100.00 of debenture Term: Serial form to mature in equal annual amounts over a term not to exceed 15 years for the General Fund Notice of motion was given at the February 6t" meeting of Common Council regarding the need to borrow five million dollars ($5,000,000). SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A 31 r Commission +, March 8, 2017 Jonathan Taylor Common Clerk City of Saint John 8t" Floor, City Hall Saint John, NB Dear Mr. Taylor, RE: Appointment of Corey Vautour Canadian Corps of Commissionalres as By -Law Enforcement Officer 11 th Floor, City Hall, 11 ieme Etage, H6tel de Ville P.O. Box 19711 C.P. 1971 Saint John, N.BJN.-B. E21_41_1 Tel / Tel: (506) 658-2897 Fax/ Telecopieur: (506) 649-7938 E-mail / Courriel: parking@saintjohn.ca 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: Corey Vautour. 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." Ys ruly, our Marc Dionne Operations Manager Saint John Parking Commission Arn 32 www.saintjohn.ca Pablo Casi|lasGomarra,Project Manager Port City Water Partners 3O0Bayside Drive, Suite #1O1 Saint John, NB E2.1 4Y8 March 13, 2017 Mayor Darling and Common Council, On behalf ofPort City Water Partners, the construction joint venture partner working with the City of Saint John to deliver the Safe Clean Drinking Water Project (SCDWP), we would like to invite you to attend our upcoming public information session about the project. This event will provide the broader community with general information on the SCDWP, including an overview ofcurrent construction activities and anticipated activities lnthe coming months. This event will be drop -|n, tradeshow format, with information booths dedicated to key topic areas ofthe project, including project timelines, safety and environment, and descriptions of the infrastructure being constructed. Project staff aind other key representatives will be on hand toexplain and answer questions. This open house, will be an opportunity to communicate the value of this project to local residents and businesses and encourage further understanding of the future benefits that will result from this joint venture. Having members of the Council present would be of huge value to demonstrate the collaborative nature of this project, and build excitement for the near -future availability ofsafe clean drinking water for Saint ]mhmers. Event details are as follows: Thursday, March 30, 4-7pm at the New Brunswick Community College (NBCC) Gymnasium, 950 Grandview Avenue. This event will be a key part of communicating the benefits of this project to the community, further demonstrating our mutual commitment to improving the quality of water for ratepayers and residents. VV#look forward tnseeing you there. 091 �PORT CITY Safe Clean Drinking Water Project NOTICE OF CONSTRUCTION ACTIVITIES Date: March 9, 2017 Locations: Loch Lomond Road, Westmorland Road and Rothesay Avenue Starting this construction season, Port City Water Partners will be conducting the next phase of construction work activities on Loch Lomond Road, Westmorland Road and Rothesay Avenue, as part of City of Saint John's Safe Clean Drinking Water Project (SCDWP). Port City Water Partners will be undertaking the following road closures and traffic flow adjustments between April 2017 and late Fall 2017: • Closing down Loch Lomond Road to through -traffic from Westmorland Road to MacDonald Street from April 2017 until June 2017 • Closing Westmorland Road to through -traffic from Loch Lomond Road to Ellerdale Street from June 2017 until September 2017 • Closing down 2 eastbound lanes of traffic flow on Rothesay Avenue from Thorne Avenue to McLean Street from April 2017 until late Fall 2017. Rothesay Avenue will remain open to two-way traffic during construction. Motorist should expect significant delays while travelling in this area. • Closing down or reducing traffic by one lane on Loch Lomond Road from Hickey Road to Bon Accord Drive from April 2017 until late Fall 2017 When Final dates of road closures and detours will be announced in official Traffic Advisories posted on the City of Saint John website (http://www.saintjohn.ca/en/home/news/newsreleases/default.aspx) as well as through local media agencies and more specific public notifications. Motorists are encouraged to plan alternate routes and avoid the noted areas when possible. Traffic detours will be noted allowing for traffic flow around the affected areas. Access For the duration of this work, Port City Water Partners will maintain access to all residences, businesses and emergency vehicles within the specified construction area at all times. Through - traffic on closed sections of roads will be prohibited for the specified period of time. This work is required to install new water transmission mains, as part of the City of Saint John's Safe Clean Drinking Water project. 0111 �PORT CITY Motorists and residents should expect delays accessing properties on the noted roadways during the specified period. We thank you for your continued patience and support as we continue our work on ensuring that Saint John residents have access to safe clean drinking water. If you have questions or would like further information about these planned work activities, or the Safe Clean Drinking Water Project, please visit www.saintjohn.ca or contact Customer Service at (506) 658-4455 / service@saintjohn.ca. W Project d'eau potable saine et propre AVIS DES ACTIVITES DE CONSTRUCTION Date: 13 mars 2017 �PORT CITY Emplacements: le chemin Loch Lomond, le chemin Westmorland et ('avenue Rothesay A compter de cette saison de construction, Port City Water Partners commencera la prochaine phase des travaux de construction sur le chemin Loch Lomond, le chemin Westmorland et ('avenue Rothesay, dans le cadre du projet d'eau potable saine et propre de la Ville de Saint John. Port City Water Partners effectuera les fermetures des routes suivantes et des ajustements des voies de circulation entre avril 2017 et la fin de I'automne 2017 • Fermeture a la circulation du chemin Loch Lomond entre le chemin Westmorland et la rue MacDonald a compter d'avril 2017 jusqu'a juin 2017 • Fermeture a la circulation du chemin Westmorland entre le chemin Loch Lomond et la rue Ellerdale a compter de juin 2017 jusqu'a septembre 2017 • Fermeture de 2 voies de circulation en direction est sur ('avenue Rothesay entre ('avenue Thorne a la rue McLean a compter d'avril 2017 jusqu'a la fin de I'automne 2017. L'avenue Rothesay restera ouverte a la circulation aux deux sens pendant la construction. Les automobilistes devront s'attendre a des retards importants en voyageant dans cette region. • Fermeture ou reduction de la circulation d'une voie du chemin Loch Lomond des le chemin Hickey jusqu'a la promenade Bon Accord a compter d'avril 2017 jusqu'a la fin de I'automne 2017 Quand Les dates finales des fermetures des routes et des detours seront annoncees dans les Avis de circulation officiels affiches sur le site Web de la Ville de Saint John (http://www.saintjohn.ca/fr/home/news/newsreleases/default.aspx) ainsi que par des agences de presse et des notifications publiques plus specifiques. Les automobilistes sont avises de prevoir leurs deplacements en consequence et d'eviter les zones indiquees lorsque possible. Les detours a la circulation seront indiques permettant le maintien de la circulation autour des zones affectees. Acces Pour la duree de ces travaux, Port City Water Partners maintiendra I'acces en tout moment aux residences, entreprises et vehicules d'urgence dans la zone de construction specifiee. La circulation directe sur les trongons des routes fermees sera interdite pendant la periode specifiee. Ce travail est 01.1 �PORT CITY necessaire pour installer de nouvelles conduites de distribution d'eau, dans le cadre du projet d'eau potable saine et propre de la Ville de Saint John. Les automobilistes et les residents devraient s'attendre a des retards d'acces aux proprietes sur les routes indiquees au cours de la periode specifiee. Nous vous remercions de votre patience et de votre soutien alors clue nous poursuivons nos travaux pour assurer un acces a 1'eau potable saine et propre pour les residents de la Ville de Saint John. Si vous avez des questions ou si vous souhaitez de plus ampler renseignements sur les activites planifiees, ou sur le projet d'eau potable Baine et propre, s'il vous plait visitez-nous A www.saintjohn.ca ou communiquer avec le service a la clientele au (506) 658-4455 / service @saintjohn.ca. Kul �PORT CITY Safe Clean Drinking Water Project NOTICE OF CONSTRUCTION ACTIVITIES Date: March 9, 2017 Location: Intersection of Bridge Road and Fallsview Drive Starting April 2017, Port City Water Partners will be conducting the next phase of construction work activities on Bridge Road, as part of the Safe Clean Drinking Water Project (SCDWP). Port City Water Partners will be reducing traffic by one lane, on occasion there will be stop and go traffic on Bridge Road at the intersection of Fallsview Drive, starting in April 2017 and lasting through to the end of the month. When Final dates of traffic disruptions will be announced in official Traffic Advisories posted on the City of Saint John website (http://www.saintjohn.ca/en/home/news/newsreleases/defauIt.aspx) as well as through local media agencies and more specific public notifications. Motorists are encouraged to plan alternate routes and avoid the noted area when possible. Access For the duration of this work, Port City Water Partners will maintain access to all businesses, residences and emergency vehicles within the specified construction area at all times. This work is required to install new water transmission mains, as part of the City of Saint John's Safe Clean Drinking Water project. Motorists and residents should expect minor delays accessing properties on the noted roadways during the specified period. M-11 �PORT CITY We thank you for your continued patience and support as we continue our work on ensuring that Saint John residents have access to safe clean drinking water. If you have questions or would like further information about these planned work activities, or the Safe Clean Drinking Water Project, please visit www.saintjohn.ca or contact Customer Service at (506) 658-4455 / service@saintjohn.ca. 061 �PORT CITY Eau potable saine et propre AVIS DES ACTIVITES DE CONSTRUCTION Date: 9 mars 2017 Emplacement: Intersection du chemin Bridge et de la promenade Fallsview A compter d'avril 2017, Port City Water Partners commencera la prochaine phase des travaux de construction sur le chemin Bridge, dans le cadre du projet d'eau potable saine et propre. Port City Water Partners reduira la circulation a une voie, et de temps en temps, it y aura des bouchons de circulation sur le chemin Bridge, a ('intersection de la promenade Fallsview, a partir d'avril 2017 et jusqu'a la fin du mois. Quand Les dates finales des interruptions du trafic seront annoncees dans les Avis de circulation officiels affiches sur le site Web de la Ville de Saint John (http://www.saintjohn.ca/fr/home/news/newsreleases/default.aspx) ainsi que par des agences de presse et des notifications publiques plus specifiques. Les automobilistes sont avises de prevoir leurs deplacements en consequence et d'eviter les zones indiquees lorsque possible. Acces Pour la duree de ces travaux, Port City Water Partners maintiendra I'acces en tout moment aux residences, entreprises et vehicules d'urgence dans la zone de construction specifiee. Ce travail est necessaire pour installer de nouvelles conduites de distribution d'eau, dans Ie cadre du projet d'eau potable saine et propre de la Ville de Saint John. Les automobilistes et residents devraient s'attendre a des retards mineurs a I'acces aux proprietes sur les routes indiquees au cours de la periode specifiee. Nous vous remercions de votre patience et de votre soutien alors que nous poursuivons nos travaux pour assurer un acces a 1'eau potable saine et propre pour les residents de la Ville de Saint John. �PORT CITY Si vous avez des questions ou si vous souhaitez de plus amples renseignements sur les activites planifiees, ou sur le projet d'eau potable saine et propre, s'il vous plait visitez-nous a www.saintjohn.ca ou communiquer avec le service a la clientele au (506) 658-4455 / service@saintjohn.ca. !II COUNCIL REPORT M&C No. 2017-62 Report Date March 14, 2017 Meeting Date March 20, 2017 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Museum of New York Department of Rights and Reproduction OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Patricia Anglin Jonathan Taylor m I Jeff Trail RECOMMENDATION It is recommended that Common Council approve the terms of the Permission for Use agreement for the reproduction of the image of Mayor Gabriel Ludlow for use in a commemorative booklet for Canada 150 and that the Mayor and Common Clerk be authorized to execute the Permission for Use agreement. EXECUTIVE SUMMARY In 2008 the Clerk's office purchased a digital file containing the image of Mayor Gabriel George Ludlow from the Museum of the City of New York. The digital file of the portrait of Ludlow was reproduced on canvas by Photography Flewwelling and hung in the Ludlow Room. A commemorative booklet, for educational purposes, is being planned by the Canada 150 Committee highlighting archival treasures and other items of significance to the City. The group would like to use the image of Mayor Ludlow in the booklet. To use the image a Permission of Use agreement must be entered into between the City and the Museum of the City of New York. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT N/A SERVICE AND FINANCIAL OUTCOMES :1 PA, -2- N'A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Request from Bernard Cormier, Canada 150 Committee. ATTACHMENTS Permission of Use Agreement !i93 Department of Rights and Reproductions 1220 Fifth Avenue New York, NY 10029 Email: rightsandrepro@mcny.org Permission for Use Definitions: The following terms have the following meanings when used herein: "Permission" means the terms and conditions set forth herein. "Image(s)" means each photograph, negative, slide or electronic digitized picture of the object(s) listed in this Permission. "Work" means the final product created with the Image as authorized in this agreement. Permission for Use The Museum of the City of New York (Museum) grants non-exclusive, non -transferable, limited permission to use the Image(s) in the Work in accordance with the terms of this Permission. Nothing set forth in this Permission for Use shall restrict the Museum's right to the Image(s), including the right to allow others to use the Image(s). Use Your permission to use an image is based on the restrictions and rights set forth herein. No other permission will be granted unless specifically stated. For online use the file must be published at 96 dpi or less. Image Requirements No Image may be in any way distorted, whether by rotation, inversion, change of proportion, color alteration, superimposition, animation, or other method without the prior written approval of the Museum. Details of an Image may be used, subject to the prior approval of the Museum, and must be labeled as such in the publication. No Image may be cropped more than 10 percent in any dimension, over -printed, or otherwise altered without the Museum's permission. Credit of Images Full documentation must appear exactly as specified by the Museum without editing, omissions or use of abbreviations or acronyms, either adjacent to the reproduction on the page, or with list of sources and credits within the publication. The credit line must appear as follows, except when otherwise directed by the Museum: Matthew Pratt (1734-1805) / Museum of the City of New York. 72.31 Rights All rights in the Image(s), and any documentation and related text supplied by the Museum, including without limitation any copyrights, other than the nonexclusive permission granted herein, will remain vested in the Museum. Warranties and Indemnities The Museum warrants and represents that so far as it is aware, but without investigation, the permission granted by it hereunder will not infringe the rights of any third parry. Notwithstanding the foregoing, the Museum is acting only as an owner of the physical original. The Museum is not responsible for determining the copyright status of the Image(s), or for securing copyright permission and the payment for any such permissions required. The rights granted under this Agreement do not include any rights that persons other than the Museum may have in the Images or Work, including any artists' rights of attribution or control under the laws of any country or state, moral rights, or the rights of publicity or privacy. Except as expressly set forth herein, the Museum disclaims any warranties, expressed or implied, including warranties of non -infringement or fitness for a particular purpose. The party to whom use is herein granted warrants and represents that the Work, as distinct from the Images subject to Museum's warranties above, will not violate or infringe upon the rights, including, without limitation, copyrights, or any other intellectual property rights, moral rights or publicity or privacy rights of any other person or entity. User of Images) hereby indemnifies and holds Museum harmless against any costs, expenses, losses, damages, judgments and claims (including court and attorney fees) that Museum may suffer or incur: (i) as a result of a claim of any third party based on or arising out of the Work; or (ii) arising from the Image user's breach of any provision of this Agreement. Comulimentary Coov of Work Museum will be furnished, free of charge, with one copy of the Work within thirty (30) days of printing. Permission for the reproduction of the Images) listed herein is granted for the sole purpose specifically indicated: Educational booklet for the 1501' anniversary of the City of Saint John, New Brunswick, Canada We have read and understand the regulations which govern the reproduction of images from the collections of the Museum of the City of New York and we agree to abide by the terms and conditions detailed herein. We understand that this license is not valid until a co-signed copy is on file with the Museum of the City of New York. Signed: Date: Full name, title, company name, address and telephone number: Please send the signed copy and address inquiries to: Lauren Robinson, Rights and Reproductions Museum of the City of New York 1220 Fifth Avenue New York, NY 10029 For and on behalf of the Museum of the City of New York: Signed: Date: (Official date of document) Thank you for your interest in the Museum of the City of New York !l+91 AR( DE SAINT -JEAN Le 3 mars 2017 CMMU ` t6 M. Don Darling, Maire de la Ville de Saint-Jean Membres du Conseil municipale de la Ville de Saint-Jean C. P. 1971 Saint-Jean, NB E2L 4L1 M. Ile maire et membres du conseil municipale, & saint Jean inc. Le present fait suite a des echanges de courriels entre M. Rodney Doucet, Directeur des affaires culturelles a I'ARCf de Saint-Jean et M. Bernard Cormier, Directeur des affaires culturelles de la Ville de Saint-Jean, concernant 1'etat des trois statues personnifiant les personnages marquants du Fort LaTour qui sont installes pres du site du Fort LaTour, le long du passage du port. Ces statues ont ete creees par I'artiste Albert Deveau it y pres d'une vingtaine d'annees dans le cadre du defunt Festival de la Baie Francaise, evenement organise par I'ARCf de Saint-Jean. Depuis quelque temps, it semblerait que la Ville de Saint-Jean a re�u quelques piaintes au sujet de leur niveau d'entretien et de leur apparence. On nous avise meme que le departement de charpenterie de la Ville de Saint-Jean estime que les statues se deteriorent en raison du lois qui pourrit et que par consequent, ils posent un certain danger pour le public. Nous avons egalement effectue une inspection des statues et nous sommes aussi d'avis qu'elles devraient etre enlevees du site. En tant qu'instigateurs du projet, nous aimerions demander a la Ville de Saint-Jean de bien vouloir enlever les trois statues du site. 5i vous avez des questions, nous pouvez communiquer avec Rodney Doucet, au 506-658- 4608. Merci de I'attention que vous porterez a tette requete, "VVQA-- icel Cote Xrecteur general kRCf de Saint-Jean March 3, 2017 Don Darling, Mayor of the City of Saint John Members of the City of Saint John's City Council PO Box 1971 Saint John, NB E2L 4L1 Mr. Mayor and members of the City Council, This is in response to email exchanges between Rodney Doucet, the ARCf de Saint -Jean's Director of Cultural Affairs, and Bernard Cormier, the City of Saint John's Director of Cultural Affairs. The emails concern the condition of three statues of Fort La Tour's pivotal figures, which are located near the Fort La Tour site, along the harbour passage. These statues were created by artist Albert Deveau almost twenty years ago as part of the now -defunct Festival de la Baie Frangaise, an event organized by the ARCf de Saint-Jean. It seems that some time ago, the City of Saint John received a number of complaints about the statues' level of maintenance and their appearance. Please be advised that the City of Saint John's Carpentry Shop thinks that the statues are deteriorating because the wood is rotting and that as a result, they pose a certain danger to the public. We have also inspected the statues and agree that they should be removed from the site. As project developers, we would like to ask the City of Saint John to remove the three statues from the site. If you have any questions, please contact Rodney Doucet at 546-658-4608. Thank you for your attention. Michel C6te Executive Director ARCf de Saint-Jean COUNCIL REPORT M&C No. 2017-61 Report Date March 14, 2017 Meeting Date March 20, 2017 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Long Term Disability Group Insurance Policy, Great West Life Assurance Company OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadActing City Manager Leah Robichaud Scott A. Brittain Neil Jacobsen Neil Jacobsen RECOMMENDATION RESOLVED that the Mayor and Common Clerk be authorized to execute the Long Term Disability ("LTD") Insurance Policy with Great West Life Assurance Company for unionized employees of The City of Saint John and the Saint John Police Commission, further identified by Policy No. 165993GHA, for the period between January 1St, 2013 and December 31St, 2014, and the amended Policy, which took effect on January 1St, 2015 (collectively, the "Policy"). EXECUTIVE SUMMARY With the conversion from the pension plan under the City of Saint John Pension Act to the existing shared risk plan, effective January 1St, 2013, came the elimination of "disability pensions" from the pension plan regime and the corresponding need for the City to arrange for the replacement benefit of LTD insurance coverage in the days leading up to conversion. The obligation for the City to arrange such alternative coverage stemmed from a Memorandum of Understanding ("MOU") that was entered into between the City and CUPE Locals 18 and 486, IAFF Local 771 and the Saint John Police Association (collectively, the "Unions") on December 20th, 2012, paragraph 3(t) of which provides as follows: (t) The employer shall obtain long term disability insurance for all its Employees effective as of the Conversion Date. Such long term disability 48 -2 - insurance must be covered under an insured policy with a life insurance company on terms as the Employer and Unions agree. The terms that were agreed to between the City and the Unions, as noted in the above -referenced paragraph of the MOU, are reflected in the Policy. Common Council will recall that the LTD insurance coverage that was agreed to at first instance applied for an "interim/bridging period" of two years from January 1St, 2013 until December 31St, 2014, subject to the terms that: (1) the City would cover 100% of the cost for the "interim/bridging period"; (2) the coverage would allow for "own occupation" coverage for a period of two years, after which coverage would shift to "any occupation" coverage until age 65, and (3) a Committee chaired by the Mayor and further consisting of a representative from each of the Unions as well as a representative from the Pension Task Force would be established for the purpose of "negotiating a cost sharing arrangement for LTD benefits for the period following the interim/bridging period". This was reflected in a resolution of Common Council dated December 20th, 2012 By resolution of Common Council dated December 23rd, 2013, the Committee contemplated in the December 20th, 2012 resolution of Common Council was created (with some mutually agreed to modifications being made subsequently). Ultimately, this Committee met several times but was unable to reach agreement respecting post interim/briding period LTD benefits. This triggered referral to an Arbitration Board chaired by George P.L. Filliter, Q.C. and ultimately led to an agreement between the parties respecting the scope of the post interim/bridging period benefits that was approved by Common Council by resolution dated November 14th, 2014. The terms agreed to by the City and the Unions is reflected in the document which captures the LTD coverage for the period commencing January 1St, 2015. This left a single remaining issue for the Arbitration Board to decide, which was the proportion of the LTD coverage that would be paid, respectively, by the City and the employees. The Arbitration Board ultimately decided that the City would continue to pay 100% of the benefit but that that would/could change at the negotiating table with each of the Unions. Currently, under the applicable collective agreements, the City pays for 75% of the benefit for members of CUPE Locals 18 and 486 and 100% of the benefit for members of IAFF Local 771 and the Saint John Police Commission pays for 100% of the benefit for members of the Saint John Police Association. Since January 1St, 2013, the City has been paying what is referred to as a monthly binder premium for LTD coverage for the members of the Unions. This is a budgeted and ongoing expense. The formal approval by Common Council of the Policy for the interim/bridging period as well as the amendments thereto, which !Loll -3- took effect on January 1St, 2015, is a housekeeping detail that the recommendation in this report is intended to tidy up. PREVIOUS RESOLUTION The following resolution was adopted by Common Council at its meeting of December 27th, 2012 RESOLVED that as recommended by the City Manager in the submitted report entitled Long Term Disability Coverage for Employees of the City's Bargaining Units: 1) Common Council agree to obtain Long Term Disability coverage for employees of IAFF Local 771; the Saint John Police Association; CUPE Local 18 and CUPE Local 486 effective January 1, 2013 from Great West Life in accordance with a policy containing the provisions generally outlined in the Memorandum of Understanding regarding the City of Saint John Pension Plan and the Common Council resolution respecting Long Term Disability coverage adopted December 20, 2012, 2) AND THAT the Commissioner of Finance be authorized to release a binder premium to Great West Life for the first month's payment prior to January 1, 2013, 3) AND FURTHER THAT the master application and contract between Great West Life and The City of Saint John be subject to the future approval of Common Council. STRATEGIC ALIGNMENT N/A SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS 61191 -4 - The Policy and the amendments thereto have been reviewed by both Human Resources and the City Solicitor's Office generally and vis-a-vis the earlier resolutions of Common Council respecting same. ATTACHMENTS Appendix A Great West Life Group Disability Income Insurance Policy, effective from January 1St, 2013 until December 31St, 2014 (i.e. the "interim/bridging period") Appendix B Amendments to the Great West Life Group Disability Income Insurance Policy, effective from January 1St, 2015 (i.e. the post "interim/bridging period") 51 @ The Great -West Life Assurance Company. This PDF version of the policy, together with any amendments that may not be included with this PDF, constitutes the official version of the policy. This document is write -protected. No additions, deletions, or modifications may be made to this document. Security permissions allow electronic signatures. 6M, GROUP 105URAnCC POLICY GROUP POLICYHOLDER: THE CITY OF SAINT JOHN GROUP POLICY NO.: EFFECTIVE DATE: 165993GHA January 1, 2013 INSURANCE PROVIDED: Disability Income Insurance M THE Gi`eat- est Life ASSURANCE COMPANY APPLICATION FOR GROUP POLICY THE CITY OF SAINT JOHN (the Applicant) applies to The Great -West Life Assurance Company for Group Policy No. 165993GHA in the attached form. The Applicant has approved this Group Policy and has accepted its terms. Dated at this day of Witness Agent or Consultant of Record THE CITY OF SAINT JOHN 0 6'51! Title TABLE OF CONTENTS PAGE AGREEMENT Al OF BENEFITS --TB INSURING PROVISIONS Employer C 1 Insurance Clause C 1 Insurable Employee C 1 Effective Date of Insurance C 3 Changes in Insurance C 3 Actively at Work Requirement C 3 Underwriting Provision C 4 Termination of an Employee's Insurance C 5 Reinstatement of an Employee's Insurance C 6 Assessment Responsibility D 1 Disability D 1 During the Initial Assessment Period D 1 After the Initial Assessment Period D 1 Loss of License D 2 Disability Period D 3 Waiting Period D 3 Benefit Period D 4 Recurrence D 4 Income Benefits D 5 Amount Payable D 5 Offset Provision D 7 All Source Maximum Provision D 8 Rehabilitation Incentive Provision D10 WN 165993 55 Inflation Protection [}11 Aaaaaennant O11 Recalculation D11 Other Income O11 Consumer Price Index Factor D12 Changes tothe Consumer Price Index C}12 Coot-of-LivingAdjustment Factor [) 12 Consumer Price Index D12 Vocational Rehabilitation 013 Participation Commitment O 13 Time Commitment O13 Employment Income D13 Expense Benefit [}14 Limitation [) 14 Medical Coordination O 15 Participation Commitment [] 15 Expense Benefit O 16 Limitations C} 10 General Limitations [] 17 CLAIM PROVISIONS Notice of Claim E1 Proof ofClaim E1 Notice ofAssessment E1 Legal Actions E2 Overpayment E2 Subrogation and Right ofRecovery E2 Beneficiary E2 GENERAL PROVISIONS Currency F1 Furnishing ofInformation: Access toRecords F1 Medical and Vocational Assessments F3 yWiantotarnant of Age F 2 Disclosure Provisions F 3 Appeals F4 Conformity to Legislation F 4 Non -Participating F4 Gender F4 Annual Earnings F5 WE 165993 56 Payment G 1 Grace Period G 1 Calculation: Premium Rate G 1 Adjustments G 1 Rate Changes G 2 TERMINATION OF THE POLICY H 1 TRANSFER PROVISIONS Transfer of Insurance 11 Transfer of Claims 12 165993 57 AGREEMENT Great -West Life agrees to pay the benefits provided by this policy to the persons entitled to receive them. This agreement is made in consideration of the Group Policyholder's payment of the required premiums. This policy takes effect at 12:01 a.m. on the Effective Date, local time at the Group Policyholder's address. The following pages and any riders or amendments are a part of this policy. Signed at The Great -West Life Assurance Company, Winnipeg, Manitoba President and Chief Executive Officer Aus 165993 58 President and Chief Operating Officer, Canada IM Ff_,T:TW:Y91z___T4 Twim This table must be read in conjunction with the rest of this policy. ELIGIBLE CLASSES: All employees WAITING PERIOD: 119 calendar days INITIAL ASSESSMENT PERIOD: the waiting period plus the next 24 months of disability SUBSEQUENT ASSESSMENT LEVEL: 50% BENEFIT FORMULA: 66 2/3% of monthly earnings GROSS BENEFIT: the amount derived from the benefit formula. The maximum gross benefit is $10,000. INCOME BENEFIT: the lesser of the gross benefit and the all source maximum ALL SOURCE MAXIMUM: 85% of take-home pay COST -OF -LIVING PERCENTAGE: 1% TAX STATUS: non-taxable LTD B -TB I 165993 59 INSURING PROVISIONS EMPLOYER Employer means the Group Policyholder. INSURANCE CLAUSE To become insured under this policy a person must: 1. be employed by the employer; 2. be an insurable employee; 3. be in an eligible class; 4. satisfy the eligibility conditions; and 5. satisfy the effective date of insurance provisions. INSURABLE EMPLOYEE - permanent and full-time A permanent and full-time employee becomes employees insurable under this policy, subject to certain exceptions: 1. if he is under age 63; and 2. he is employed for at least 32.5 hours each week. Eligibility commences on the date of the employee's full-time employment. A permanent and full-time employee is not insurable under this policy if he is employed on a seasonal or casual basis. - permanent and part-time A permanent and part-time employee becomes employees insurable under this policy: 1. if he is under age 63; and 2. he is employed for at least 10 hours each week. Eligibilty commences after the employee completes 2 calendar years of employment. In each of the 2 calendar years of employment, he must have earned at least 35% of the Year's Maximum Pensionable Earnings (YMPE) under the Canada Pension Plan. Insuring Provisions - LTD C 1 165993 60 �1T:7P► 1C1 J:ZsIVI 61 Is] i• E'? - continuous employment An employee is considered continuously employed only if he satisfies the actively at work requirement throughout the eligibility waiting period. - eligibility limitation An employee is only eligible for the benefits provided for his class in the Table of Benefits. MR 165993 61 INSURING PROVISIONS EFFECTIVE DATE OF Insurance takes effect on the following dates, INSURANCE subject to the actively at work requirement. Insurance that is applied for before the employee becomes eligible takes effect on the date he becomes eligible. 2. Insurance that is applied for within 31 days after the date the employee becomes eligible takes effect on the date he applies. 3. Insurance that is applied for more than 31 days after the date the employee becomes eligible is subject to the underwriting provision and takes effect on the date of written approval. Changes in Insurance Changes in insurance take effect as they occur, except that: all increases are subject to the actively at work requirement. 2. no change will take effect during a disability period. Actively at Work Requirement To satisfy this requirement, an employee must: be fully capable of performing his regular duties; and 2. be either: (a) actually working at the employer's place of business or a place where the employer's business requires him to work; or (b) absent due to vacation, weekends, statutory holidays, or shift variances. Insuring Provisions - LTD C 3 165993 62 INSURING PROVISIONS Underwriting Provision |fonemployee wishes b)obtain insurance that ks subject t0this provision, hamust apply for dand supply the information Great -West Life requests. Great -West Life will then assess the information according toits underwriting rules. The application will baapproved ifitmeets underwriting standards. - substandard offer |fthe employee's application for insurance isnot approved, Great -West Life may offer toprovide insurance on a restricted basis. 165993 INSURING PROVISIONS TERMINATION OF AN EMPLOYEE'SINSURANCE - for a disabling disease or injury - for a non -disabling disease or injury Insuring Provisions - LTD An employee's insurance terminates on the earliest of the following dates: 1. the date this policy terminates; 2. the due date of the first premium to which he has not made a required contribution; 3. the date he ceases to be in an eligible class; 4. the date he ceases to be an insurable employee; 5. the date he ceases to satisfy the actively at work requirement. If he is not at work because of disease or injury, temporary lay-off, or leave of absence, this date will be extended to the earliest of: (a) the date the employer stops paying premiums or otherwise determines that insurance has terminated. This date must be determined on the same basis for all employees in like circumstances. (b) the date he starts to work in another job more than 20 hours per week, except in an approved rehabilitation plan. (c) the date he first ceases to be eligible for income benefits. 165993 64 (d) for disease or injury for which he does not qualify for income benefits, 31 days after the number of days of the waiting period. C5 INSURING PROVISIONS - for lay-off or leave of absence (e) for temporary lay-off or leave of other than maternity or absence other than maternity or parental leave parental leave, 6 months after the lay-off or leave starts, plus any further period the employer is required by law to extend insurance. - for maternity or parental leave (f) for maternity or parental leave, the end of the leave. REINSTATEMENT OF AN If an employee's insurance terminates because of EMPLOYEE'S INSURANCE disease or injury, leave of absence, or temporary lay-off, it will be automatically reinstated on the date he returns to work. If an employee does not qualify for automatic reinstatement, he will be treated as a new employee unless the insurance terminated because he stopped making required premium contributions. If it did, reinstatement is subject to the underwriting provision. Insuring Provisions - LTD C 6 165993 65 BENEFIT PROVISIONS ASSESSMENT Great -West Life has full responsibility for the RESPONSIBILITY assessment of a person's entitlement to benefits. DISABILITY The benefits under this policy are for disability periods that start while a person is insured. During the Initial Assessment During the initial assessment period shown in the Period Table of Benefits, a person is considered disabled if: 1. disease or injury prevents him from performing the essential duties of his regular occupation; and 2. except for any employment under an approved rehabilitation plan, he is not employed in any occupation that is providing him with income equal to or greater than the income benefit available under this plan, as shown in the Table of Benefits. After the Initial Assessment After the initial assessment period, a person is Period considered disabled if disease or injury prevents him from being gainfully employed. - gainful employment Gainful employment means work: 1. a person is medically able to perform; 2. for which he has at least the minimum qualifications; 3. that provides income of at least 50% of his monthly earnings; and 4. that exists either in the province or territory where he worked when he became disabled or where he currently lives. The availability of work will not be considered in assessing disability. Benefit Provisions - LTD D 1 165993 66 BENEFIT PROVISIONS Loss of License Loss ofany license required for work will not bn considered in assessing disability. 165993 67 BENEFIT PROVISIONS DISABILITY PERIOD A disability period is: 1. the waiting period; plus 2. the benefit period. WAITING PERIOD The waiting period starts when the person first becomes disabled and lasts, if disability is continuous, for the number of days shown in the Table of Benefits. If disability is not continuous, the days the person is disabled will be accumulated to satisfy the waiting period as long as: 1. no interruption is longer than 2 weeks; and 2. the disabilities arise from the same disease or injury. Benefit Provisions - LTD 165993 68 Few BENEFIT PERIOD A benefit period is: 1. the period of time after the waiting period during which the person is continuously disabled; plus 2. if the disability is not continuous, any period of time during which the disability is considered to be a recurrence. A benefit period will not continue past a person's 65th birthday. RECURRENCE After the waiting period, a disability is considered a recurrence if it arises from the same disease or injury and starts: 165993 1. within 6 months after the previous disability ends; or 2. within 6 months after the end of an approved rehabilitation plan. x:1'1 M BENEFIT PROVISIONS INCOME BENEFITS A disabled person is entitled to income benefits after the waiting period ends and for as long as the benefit period lasts. No income benefits are payable for the waiting period itself. Amount Payable The amount payable is the income benefit shown in the Table of Benefits less the reductions, if any, required under the offset and all source maximum provisions. The income benefit is payable to the disabled person monthly in arrears. One thirtieth of the income benefit is payable for each day of any period less than a full month. At Great -West Life's discretion, the income benefit may be paid more frequently than monthly, on a pro -rated basis. - other income The income used in the offset and all source maximum provisions is the income payable for the same period as the income benefit under this policy. Except for retirement benefits, all income is considered payable when a person is entitled to it, whether or not it has been awarded or received. If it has not been awarded, Great -West Life will have the right to estimate it according to the terms of any plans or legislation involved. Retirement benefits are considered payable when they are actually received. If income is payable in a lump sum, the amount used will be the portion payable for loss of income during the benefit period. - special treatment of taxable Before the amount payable is calculated, taxable income income will be reduced by the deductions specified under this plan's take-home pay definition. This does not apply to Canada Pension Plan or Quebec Pension Plan benefits or to benefits from a similar plan in another country which has a reciprocal agreement with Canada or Quebec. Benefit Provisions - LTD D 5 165993 70 BENEFIT PROVISIONS - monthly earnings Monthly earnings are 1/12 of annual earnings. - take-home pay Take-home pay means the person's monthly earnings less deductions for federal and provincial income taxes, Canada and Quebec Pension Plan contributions, and federal Employment Insurance premiums. Benefit Provisions - LT® 165993 71 I NXI BENEFIT PROVISIONS Offset Provision Under this provision, the person's income benefit is reduced by the following income: Disability or retirement benefits to which he is entitled on his own behalf under: (a) the Canada Pension Plan; (b) the Quebec Pension Plan; or (c) a similar plan in another country which has a reciprocal agreement with Canada or Quebec. This does not include retirement benefits that were payable for each of the 12 months before a disability period. 2. Benefits under any Workers' Compensation Act or similar law except for: (a) permanent partial disability awards that were payable for each of the 12 months before a disability period; and (b) benefits related to employment with another employer. 3. Employer sponsored short term disability or sick leave benefits. 4. Loss of income benefits under an automobile insurance plan, to the extent permitted by law. 5. 50% of earnings received from an approved rehabilitation plan. Benefit Provisions - LTD 165993 72 Ah I ANZ A- 11i-aZ017&1150ki[•� All Source Maximum Provision Under this provision, the person's income benefit is reduced if the total of the following income and the income benefit exceeds the all source maximum shown in the Table of Benefits. The reduction is the amount by which this total exceeds the all source maximum. Benefit Provisions - LTD 165993 Loss of income benefits available through legislation to which he or another member of his family is entitled on the basis of his disability, except for Employment Insurance benefits and automobile insurance benefits. 2. The wage loss portion of any criminal injury award, except for awards that included the long term disability income benefits available under this plan in the calculation of the award. 3. Disability benefits under a plan of insurance available through an association, except for benefits that were payable for each of the 12 months before a disability period. 4. Employment income, disability benefits, or retirement benefits related to any employment, except for: rKj (a) disability benefits that are prepayments of life insurance. (b) benefits from retirement plans to which an employer has not contributed. BENEFIT PROVISIONS (c) any amount that is related to employment other than with the employer and that was payable for each of the 12 months before a disability period. All employment income, disability benefits, and retirement benefits resulting from the same employment are considered together in satisfying the 12 -month condition as long as there is no interruption from one to the other. Waiting periods for disability benefits do not count as interruptions. (d) employer sponsored short term disability or sick leave benefits. (e) income from an approved rehabilitation plan. This income is considered under the offset and rehabilitation incentive provisions. Termination pay, severance benefits, and any similar termination of employment benefits, including any salary paid in lieu of notice, are considered employment income under this provision. - commission income If income under this provision is payable on a commission basis, the income used will not be reduced by commission related expenses. - disability income during If disability is a recurrence, employment related recurrence disability benefits that become payable after the disability period starts will be included under the offset provision rather than under this all source maximum provision. r r• 165993 74 BENEFIT PROVISIONS Rehabilitation Incentive Earnings received from an approved Provision rehabilitation plan are not used to reduce a person's income benefit unless 50% of those earnings, his income from this policy, and the income described under the offset and all source maximum provisions would exceed 100% of his take-home pay. If it does, his income benefit is reduced by the amount in excess of 100%. FMVT��MIII 4-1r * C 165993 75 BENEFIT PROVISIONS INFLATION PROTECTION The following provisions provide inflation protection. Assessment In assessing a person's ability to be gainfully employed, Great -West Life will multiply his monthly earnings by the Consumer Price Index factor. Recalculation The amount payable will be recalculated for inflation protection 1 year after the start of the benefit period and annually after that. On those dates: the then current amount payable will be multiplied by the Cost -of -Living Adjustment factor; and 2. the following amounts will be multiplied by the Consumer Price Index Factor: (a) the all source maximum for purposes of recalculating both the income benefit and the amount payable; and (b) the income limit under the rehabilitation incentive provision. Other Income When the amount payable is recalculated, cost - of -living increases in the income described under the offset and all source maximum provisions, that take effect after the benefit period starts, are not included as income subject to the offset, all source maximum and rehabilitation incentive provisions. This provision does not apply to earnings received from an approved rehabilitation plan. 165993 76 BENEFIT PROVISIONS Consumer Price Index Factor The Consumer Price Index factor for an assessment orrecalculation date iothe ratio of the Consumer Price Index eeof3months before that date, hothe Consumer Price Index oeof5 months before the start ofthe benefit period. Changes tgthe Consumer |fthere iaechange inthe method ofcalculating Price Index the Consumer Price Index: 1the Consumer Price Index will beused for the period preceding the change; and 2. onappropriate measure ofinflation will bo used for the period after the change. Cost -of -Living Adjustment The Cost -of -Living Adjustment factor for a Factor recalculation date is the lesser of: 1.' O1�ond the ratio ofthe Consumer Price Index aeuf 3 months before that date, to the Consumer Price Index anof15months before that date. Consumer Price Index The Consumer Price Index means the all -item Consumer Price Index for Canada (not seasonally adjusted). Benefit Provisions - LTD D 12 165993 77 BENEFIT PROVISIONS VOCATIONAL Vocational rehabilitation involves a work related REHABILITATION activity or training strategy that: 1. is designed to facilitate a disabled person's return to his job or other gainful employment; and 2. is recommended or approved by Great - West Life. In considering whether to recommend or approve a rehabilitation proposal, Great -West Life will assess such factors as the expected duration of disability, and the level of activity required to facilitate the earliest possible return to work. The goal of a rehabilitation plan must be: 1. to return the person to work in the same job; 2. to return the person to work in a modified job with the same employer; or 3. to return the person to work in a different job that capitalizes on transferable skills. Participation Commitment If a person does not participate or cooperate in a rehabilitation plan that has been recommended or approved by Great -West Life, he will no longer be entitled to income benefits. Time Commitment The duration of a rehabilitation plan must be approved by Great -West Life. Once approved, a person's benefit period is guaranteed for that duration as long as he continues to participate and cooperate in the plan. Employment Income Employment income earned during a rehabilitation period will be considered under the offset and rehabilitation incentive provisions. Benefit Provisions - LTD D 13 165993 78 Expense Benefit Reasonable expenses associated with a rehabilitation plan, other than usual employment expenses, may be paid for by Great -West Life at its discretion. Expenses claimed under this provision must be pre -authorized by Great -West Life. Limitation Vocational rehabilitation benefits are only available while the person is entitled to income benefits. Benefit Provisions - LTD D 14 165993 79 BENEFIT PROVISIONS MEDICAL COORDINATION Medical coordination is a program that: 1. is designed to provide cost effective, quality care; 2. is designed to facilitate medical stability; and 3. is recommended or approved by Great - West Life. In considering whether to recommend or approve a medical coordination program, Great -West Life will assess such factors as the expected duration of disability, and the level of activity required to facilitate medical stability. A medical coordination program may include the following services: consultation with the disabled person, members of the person's family, and the attending physician to gain further understanding of the treatment plan and its goals. 2. comparison of the person's current treatment plan with generally accepted treatment standards for similar conditions and, where suitable, follow up identified alternatives with the attending physician. 3. referral to professionals, including physician specialists, or facilities, for diagnosis or treatment. Participation Commitment If a person does not participate or cooperate in a medical coordination program that has been recommended or approved by Great -West Life, he will no longer be entitled to income benefits. Benefit Provisions - LTD D 15 165993 80 BENEFIT PROVISIONS Expense Benefit Reasonable expenses associated with a medical coordination program may be paid for by Great - West Life at its discretion. Expenses claimed under this provision must be pre -authorized by Great -West Life. No benefits will be paid for any portion of the expense for which benefits are payable under a government plan. Limitations Medical coordination benefits are only available while the person is entitled to income benefits. Great -West Life will not cover medical coordination services after the person has returned to work, unless he is receiving vocational rehabilitation benefits. • a i 165993 E -11I r GENERAL LIMITATIONS - pre-existing conditions - reasonable and customary treatment Benefit Provisions - LTD BENEFIT PROVISIONS No benefits will be paid for: disability arising from a disease or injury for which the person obtained medical care before he became insured. Medical care is considered to be obtained when he consults a doctor, uses medication on the advice of a doctor, or receives other medical services or supplies. This exclusion does not apply if disability starts after: (a) he has been continuously insured for 1 year; or (b) he has not had medical care for the disease or injury for a continuous period of 90 days ending on or after the date his insurance took effect. 2. any period in which the person does not participate or cooperate in a reasonable and customary treatment program. A reasonable and customary treatment program is systematic treatment that: (a) is performed or prescribed by a legally licensed doctor of medicine; and (b) is of the nature and frequency usually required for the condition involved. Where considered appropriate by Great - West Life for the severity of the condition, the treatment must be prescribed by and, if appropriate, performed or supervised by a certified specialist for the condition involved. 165993 82 If substance abuse contributes to a person's disability, his treatment program must include participation in a recognized substance withdrawal program. JIM BENEFIT PROVISIONS - other disability benefits 3. any period after the person fails to cooperate in applying for other disability benefits, reapplying for such benefits, or appealing decisions regarding such benefits, where considered appropriate by Great -West Life. - rehabilitation plans 4. any period after the person fails to participate or cooperate in a rehabilitation plan that has been recommended or approved by Great -West Life. - medical coordination 5. any period after the person fails to participate or cooperate in a medical coordination program that has been recommended or approved by Great -West Life. - medical/vocational 6. any period after the person fails to assessments participate or cooperate in a medical or vocational assessment required by Great - West Life. - leave of absence 7. the scheduled duration of a leave of absence. A leave of absence is considered to start on the date agreed upon by the employee and the employer. This exclusion does not apply to any portion of a period of maternity leave during which the person is disabled as a result of pregnancy. If a child is born before a period of maternity leave is scheduled to start, the leave is considered to start on the date of birth. - absence from Canada 8. any period in which the person is outside Canada. This exclusion does not apply during the first 30 days of an absence, or if Great -West Life pre -authorized the absence prior to the person's departure. Benefit Provisions - LTD D 18 165993 83 BENEFIT PROVISIONS - incarceration, confinement, 9. any period of incarceration, confinement, or imprisonment imprisonment by authority of law. - war, insurrection, riots 10. disability arising from war, insurrection or voluntary participation in a riot. Provisions • 165993 84 CLAIM PROVISIONS NOTICE OF CLAIM To permit prompt assessment, initial notice of claim should be submitted to Great -West Life no later than 10 days after disability starts. Great -West Life will not be liable for claims for which initial notice is submitted more than 3 months after the earlier of: the end of the waiting period; and the date this policy terminates. PROOF OF CLAIM Benefits under this policy will only be payable for periods for which Great -West Life has received satisfactory proof that the person is entitled to benefits. The claimant must provide information required to prove his entitlement to benefits and must also authorize Great -West Life to obtain information from other sources for this purpose. Whenever Great -West Life requests information or authorization, it must be submitted within 3 months. If it is not submitted within this time, Great -West Life will not be liable for any further benefits. NOTICE OF ASSESSMENT Great -West Life will give the claimant a written notice of assessment showing: 165993 1. whether or not benefits have been approved; 2. whether or not further information is required; and 3. if benefits have not been approved, the reasons for denial and the procedures he may follow to appeal. E:16'7 Aff CLAIM PROVISIONS LEGAL ACTIONS Every action or proceeding against an insurer for the recovery of insurance money payable under the contract is absolutely barred unless commenced within the time set out in the Insurance Act or other applicable legislation (e.g. Limitations Act, 2002 in Ontario, Quebec Civil Code). OVERPAYMENT If benefits are paid that were not payable under this policy, the employee is responsible for repayment within 30 days of Great -West Life sending him a notice of overpayment, or within a longer period if agreed to in writing by Great - West Life. If he fails to fulfill this responsibility, no further benefits are payable under this policy until the overpayment is recovered. This does not limit Great -West Life's right to use other legal means to recover the overpayment. SUBROGATION AND RIGHT Where permitted by law, Great -West Life has full OF RECOVERY rights of subrogation with respect to damages for loss of income when responsibility for a person's disability may be attributable to another party. Great -West Life also has the right to recover from the person any benefits paid under this policy for loss of income for which he has been indemnified by the other party. However, Great -West Life has no obligation under this policy to exercise its rights of recovery and subrogation. BENEFICIARY An employee may make, alter or revoke a designation of beneficiary as permitted by law. Any designation of beneficiary the employee made under the employer's previous policy prior to the effective date of this policy does not apply under this policy. Claim Provisions - LTD 165993 86 E2 GENERAL PROVISIONS CURRENCY All money payable under this policy will be in Canadian funds. FURNISHING OF Upon request, the Group Policyholder must INFORMATION: ACCESS TO forward to Great -West Life: RECORDS 1. required information on the eligibility of employees; 2. employee applications; 3. details relating to changes in insurance; and 4. information required for assessment of claims, including job information. Great -West Life has the right to inspect the Group Policyholder's records relating to employees' insurance. Inspections can take place while this policy is in force and during the first year after it terminates. Great -West Life has the right to have representatives visit an employee's worksite to obtain information about his job. All requests, notices, applications, and claims must be made to Great -West Life in writing. Great -West Life will not be liable for the Group Policyholder's failure to supply required information or records. F1 165993 87 GENERAL PROVISIONS MEDICAL AND VOCATIONAL Great -West Life has the right to conduct ASSESSMENTS necessary investigations relating to applications or claims, and to obtain independent medical or vocational assessments if required. Great -West Life must also be given the opportunity to examine the person for whom an application or claim is made as often as it may reasonably require during the course of an investigation or assessment. Great -West Life will not assume the cost of assessment or investigation in connection with a late application. Great -West Life may assume the cost of other assessments or investigations according to its administrative practices at the time of application or claim. MISSTATEMENT OF AGE Great -West Life may request proof of a person's age at any time. If his age has been misstated, entitlement to insurance and benefits will be determined according to his true age. If premiums have been underpaid for a person's true age, a retroactive adjustment must be paid by the Group Policyholder before any benefits will be paid or continued. If premiums have been overpaid for a person's true age, Great -West Life will pay or credit a retroactive adjustment to the Group Policyholder. General Provisions - LTD F 2 165993 88 GENERAL PROVISIONS DISCLOSURE PROVISIONS 1. This policy will be available through the Group Policyholder for review by employees. Great -West Life, at its discretion, may release a copy of this policy in order to settle claims. 165993 2. If asked to do so within 2 years after notification of a decision concerning insurance or benefits, Great -West Life will disclose to the employee the name of each person or organization that provided information concerning his application or claim. 3. If an employee submits written authorization from a person or organization that provided medical information, Great - West Life will disclose the information to the employee or, at Great -West Life's discretion, to the employee's doctor. 4. Great -West Life may, without specific authorization, disclose information about a person's claim to another insurer or benefits administrator if: E-lue (a) the information could be relevant to assessment of the claimant's entitlement to other disability benefits for the same period of time; and (b) the information is given in confidence with the stipulation that it may not be released to another party. F3 GENERAL PROVISIONS APPEALS A person has the right to appeal a denial of all or part of the insurance or benefits described in this policy as long as he does so within one year of the initial denial of the insurance or a benefit. An appeal must be in writing and must include the person's reasons for believing the denial to be incorrect. CONFORMITY TO If this policy does not conform to legislation that LEGISLATION governs it, it is considered automatically amended to comply with the minimum requirements of that legislation. NON -PARTICIPATING This is a non -participating policy. GENDER The words he, him and his refer to both genders. General Provisions - LTD F 4 165993 90 GENERAL PROVISIONS ANNUAL EARNINGS Annual earnings is the current annual salary paid by the employer, excluding overtime and bonuses. For benefit calculations and in assessing a person's ability to be gainfully employed, annual earnings will be those in effect at the start of the disability period. - hourly -paid employees If an hourly -paid employee's hours vary, his earnings are calculated using the average number of hours worked in the last 12 months and the current hourly rate of pay. If he has worked less than 12 months for the employer, the hours are averaged over the period of employment. - earnings limitation If there is a difference between the actual annual earnings and those reported by the employer for premium purposes, the lesser of the 2 amounts will be considered the annual earnings amount under this policy. This limitation will not apply in assessing a person's ability to be gainfully employed. General Provisions - LTD 165993 91 W PREMIUM PROVISIONS PAYMENT The first premium is due on the effective date of this policy. After that, premiums are due on the first day of each month. Premiums must be paid by the Group Policyholder at Great -West Life's Head Office. Premiums not paid on time will be in default. GRACE PERIOD After the first premium has been paid, 31 days of grace are allowed to pay a premium in default. During this time the policy will stay in force. If the premium is not paid by the end of the days of grace this policy will terminate. The Group Policyholder is liable for a pro rata premium for the time this policy is in force during the grace period and for all other unpaid premiums. CALCULATION: PREMIUM The amount of each premium is the sum of the RATE premiums for each insured employee calculated at the rate last set by Great -West Life. - waiver of premium No premium is payable for an employee during a benefit period. - premium payment not a Payment of premium will not cause insurance to guarantee of coverage take effect or continue if it would not do so according to this policy's insuring provisions. ADJUSTMENTS The premium will be adjusted retroactively to reflect changes in insurance amounts. Credits will be given only for the 4 months preceding receipt of notice. W 165993 92 PREMIUM PROVISIONS RATE CHANGES - renewal changes Great -West Life can change the premium rates on May 1, 2014 or on the first day of any month after that. Written notice will be sent to the Group Policyholder before a change is made. Once a change is made, Great -West Life cannot make another renewal change for 12 months or such other period as may be agreed to by the Group Policyholder. - other changes A rate change can be made at any time if: r 165993 the policy provisions are changed at the request of the Group Policyholder. 2. the introduction, revision, or repeal of a government law or regulation results in a change in: (a) the benefits payable under this policy; or (b) taxes payable to a government authority. 3. there is a change in the number of employees insured under this policy that exceeds 25% since the last renewal change. 019] Em TERMINATION OF THE The Group Policyholder may terminate this policy POLICY by giving written notice to Great -West Life. Termination by the Group Policyholder will take effect on the later of: 1. the date of termination stated in the written notice; and 2. the date Great -West Life receives the written notice. Great -West Life may terminate this policy at any renewal date by giving written notice of termination to the Group Policyholder at least 31 days in advance. This policy will automatically terminate if a premium in default is not paid by the end of the grace period for that premium. Policy Termination - LTD H 1 165993 94 TRANSFER PROVISIONS Transfer of Insurance The following provisions apply when insurance for any class of employees under this policy takes effect during the 31 days after coverage ends for that class under another group long term disability income insurance policy. Transfer Provisions - LTD 165993 Any person who was covered in the terminating class under the other policy when insurance for that class ended will be insured on the effective date of insurance for that class under this policy, as long as he is then an insurable employee. 2. Any person whose insurance has not been interrupted will be entitled to benefits under this policy for a pre-existing condition if: (a) no benefits are payable for that condition under the other policy because of termination of insurance for the employee's class under that policy; but (b) benefits would have been payable under the other policy if insurance for the terminating class had remained in force. 3. No benefits are payable under this policy for a disability period that is covered as a recurrence under a previous policy. OR 11 M", 1 _ ► ' i Transfer of Claims If the Group Policyholder transfers responsibility for the continuing assessment of existing claims: Transfer Provisions - LTD 165993 to Great -West Life, Great -West Life has the right, without the claimant's authorization, to obtain claim records from the previous insurer or benefits administrator. 2. from Great -West Life, Great -West Life has the right, without the claimant's authorization, to disclose claim information to the party assuming responsibility for existing claims. 12 (D The Great -West Life Assurance Company. This PDF version of the policy, together with any amendments that may not be included with this PDF, constitutes the official version of the policy. This document is wri te-p rote cted. No additions, deletions, or modifications may be made to this document. Security permissions allow electronic signatures. AN rxe Life ASSURANCE COMPANY Attached bzand forming part ufGroup Policy No. 1O59S3GHAissued to THE CITY OF SAINT JOHN This policy has been amended effective January 1, 2015 in respect of the following provisions: TABLE OFBENEFITS BENEFIT PROVISIONS Revision Instructions Deleted Pages Replacement Pages (i) (iii) /i\/i0Lkan.O1.15\ B-TB1 B-TB1 (Jan.0115) D5-17 O5-17(Jon.O115) []18-19 - Signed at The Great -West Life Assurance Company, Winnipeg, Manitoba, on January 10.2O17 Pnesidantond Chief Executive Officer Accepted and attached tothis policy on 165993 President and Chief Operating Officer, Canada Signature GROUP lflSURAOCC POLICY GROUP POLICYHOLDER: THE CITY OF SAINT JOHN GROUP POLICY NO.: EFFECTIVE DATE: 165993GHA January 1, 2013 INSURANCE PROVIDED: Disability Income Insurance roe Groat -West 0���m� ^s�vn�mcecomp^w, APPLICATION FOR GROUP POLICY (the Applicant) applies to The Great -West Life Assurance Company for Group Policy No. 1059Q3GHAinthe attached form. The Applicant has approved this Group Policy and has accepted its terms. Dated at this day of THE CITY OF SAINT JOHN Witness Agent or Consultant of Record TABLE OF CONTENTS AGREEMENT Al TABLE OF BENEFITS B -TB 1 INSURING PROVISIONS Employer C1 Insurance Clause {}1 Insurable Employee C1 Effective Date ofInsurance C3 Changes inInsurance C3 Actively at Work Requirement C 3 Underwriting Provision C4 Termination ofanEmployee's Insurance C5 Reinstatement ofanEmployee's Insurance C8 BENEFIT PROVISIONS Assessment Responsibility D1 Disability D 1 During the Initial Assessment Period O 1 After the inUUo| Assessment Period D 1 Loss ufLicense D2 Disability Period O3 Waiting Period [}3 Benefit Period [}4 Recurrence [>4 Income Benefits O5 Amount Payable [J5 Offset Provision D 0 Rehabilitation Incentive Provision D8 LTD (i) 0an.01j6\ 165893 101 Inflation Protection D9 Aaaeaonnerd C)S Recalculation [} 0 Other Income O9 Consumer Price Index Factor O9 Changes tothe Consumer Price Index O9 Cost-of-LivingAdjustment Factor []10 Consumer Price Index C)10 Vocational Rehabilitation [)11 Participation Commitment D 11 Time Commitment O11 Employment Income O11 Expense Benefit [)12 Limitation [) 12 Medical Coordination [)13 Participation Commitment D13 Expense Benefit D14 L|noitoUnnn O 14 General Limitations [] 15 CLAIM PROVISIONS Notice of Claim E1 Proof ofClaim E 1 Notice ofAssessment E1 Legal Actions E2 Overpayment E2 Subrogation and Right ofRecovery E2 Beneficiary E2 GENERAL PROVISIONS Currency F1 Furnishing ofInformation: Access toRecords F1 Medical and Vocational Assessments F2 Misstatement ofAge F2 Oioo|oaur* Provisions F 3 Appeals F4 Conformity to Legislation F4 Non -Participating F4 Gender F4 Annual Earnings F5 LTD (ii) (Jom.01'15) 165993 PREMIUM PROVISIONS Payment Grace Period Calculation: Premium Rate Adjustments Rate Changes III MIN 6 111,! 1—.,% 111501,11111561;h H11:11111061 I TRANSFER PROVISIONS Transfer of Insurance Transfer of Claims mow 165993 103 G1 G1 G1 G1 G2 H1 11 12 (iii) (Jan.01.15) AGREEMENT Great -West Life agrees to pay the benefits provided by this policy to the persons entitled to receive them. This agreement is made in consideration of the Group Policyholder's payment of the required premiums. This policy takes effect at 12:01 a.m. on the Effective Date, local time at the Group Policyholder's address. The following pages and any riders or amendments are a part of this policy. Signed at The Great -West Life Assurance Company, Winnipeg, Manitoba 911t,ez1-- President and Chief Executive Officer Mug 165993 104 President and Chief Operating Officer, Canada Ex TABLE OF BENEFITS This table must be read in conjunction with the rest of this policy. ELIGIBLE CLASSES: All employees WAITING • 180 calendar dag INITIAL ASSESSMENT PERIOD: the waiting period plus the next 24 months of disability SUBSEQUENT ASSESSMENT LEVEL: 50% BENEFIT FORMULA: 70% of monthly earnings INCOME BENEFIT: the amount derived from the benefit formula. The maximum income benefit is $10,000. COST -OF -LIVING PERCENTAGE: 1% TAX STATUS: taxable LTD B -TB 1 (Jan.01.15) 165993 105 EMPLOYER Employer means the Group Policyholder. INSURANCE CLAUSE To become insured under this policy a person 1. beemployed bvthe employer; 2. baoninsurable employee; 3. be in aneligible class; 4. satisfy the eligibility oonditiono and 5. satisfy the effective date of insurance provisions. INSURABLE EMPLOYEE ' permanent and full-time Apermanent and full-time employee becomes enop|uyeae insurable under this po|iny, subject to certain 1. ifheiounder age 03;and 2. heieemployed for otleast 32.5hours each week. Eligibility commences on the date of the employee's full-time employment. Apermanent and full-time employee isnot insurable under this policy ifheinemployed ona seasonal orcasual basis. - permanent and part-time Apermanent and part-time employee becomes employees insurable under this policy: 1. ifheisunder age O3;and 2. hainemployed for otleast 10hours each week. Bigibihvcommences after the employee completes 2calendar years ofemployment. In each ofthe 2calendar years ofemployment, hn must have earned otleast 3596ofthe Year's Maximum Pensionable Earnings (YW1PE)under the Canada Pension Plan. Insuring Provisions -LTD C1 165993 INSURING PROVISIONS - continuous employment An employee is considered continuously employed only if he satisfies the actively at work requirement throughout the eligibility waiting period. - eligibility limitation An employee is only eligible for the benefits provided for his class in the Table of Benefits. Insuring Provisions - LTD C 2 165993 107 INSURING PROVISIONS EFFECTIVE DATE OF Insurance takes effect on the following dates, INSURANCE subject to the actively at work requirement. 1. Insurance that is applied for before the employee becomes eligible takes effect on the date he becomes eligible. 2. Insurance that is applied for within 31 days after the date the employee becomes eligible takes effect on the date he applies. 3. Insurance that is applied for more than 31 days after the date the employee becomes eligible is subject to the underwriting provision and takes effect on the date of written approval. Changes in Insurance Changes in insurance take effect as they occur, except that: 1. all increases are subject to the actively at work requirement. 2. no change will take effect during a disability period. Actively at Work Requirement To satisfy this requirement, an employee must: 1. be fully capable of performing his regular duties; and 2. be either: (a) actually working at the employer's place of business or a place where the employer's business requires him to work; or (b) absent due to vacation, weekends, statutory holidays, or shift variances. Insuring Provisions - LTD C 3 165993 108 INSURING PROVISIONS Underwriting Provision If an employee wishes to obtain insurance that is subject to this provision, he must apply for it and supply the information Great -West Life requests. Great -West Life will then assess the information according to its underwriting rules. The application will be approved if it meets underwriting standards. - substandard offer If the employee's application for insurance is not approved, Great -West Life may offer to provide insurance on a restricted basis. Insuring Provisions - LTD 165993 109 C4 INSURING PROVISIONS TERMINATION OF AN EMPLOYEE'S INSURANCE - for a disabling disease or injury - for a non -disabling disease or injury Insuring Provisions - LTD 165993 An employee's insurance terminates on the earliest of the following dates: 1. the date this policy terminates; 2. the due date of the first premium to which he has not made a required contribution; 3. the date he ceases to be in an eligible class; 4. the date he ceases to be an insurable employee; 5. the date he ceases to satisfy the actively at work requirement. If he is not at work because of disease or injury, temporary lay-off, or leave of absence, this date will be extended to the earliest of: `sK (a) the date the employer stops paying premiums or otherwise determines that insurance has terminated. This date must be determined on the same basis for all employees in like circumstances. (b) the date he starts to work in another job more than 20 hours per week, except in an approved rehabilitation plan. (c) the date he first ceases to be eligible for income benefits. (d) for disease or injury for which he does not qualify for income benefits, 31 days after the number of days of the waiting period. INSURING PROVISIONS - for lay-off or leave of absence (e) for temporary lay-off or leave of other than maternity or absence other than maternity or parental leave parental leave, 6 months after the lay-off or leave starts, plus any further period the employer is required by law to extend insurance. - for maternity or parental leave (f) for maternity or parental leave, the end of the leave. REINSTATEMENT OF AN If an employee's insurance terminates because of EMPLOYEE'S INSURANCE disease or injury, leave of absence, or temporary lay-off, it will be automatically reinstated on the date he returns to work. If an employee does not qualify for automatic reinstatement, he will be treated as a new employee unless the insurance terminated because he stopped making required premium contributions. If it did, reinstatement is subject to the underwriting provision. Insuring Provisions - LTD C 6 165993 111 l 74 l#;111:2CZ0-IT6-1 161LI K ASSESSMENT Great -West Life has full responsibility for the RESPONSIBILITY assessment of a person's entitlement to benefits. DISABILITY The benefits under this policy are for disability periods that start while a person is insured. During the Initial Assessment During the initial assessment period shown in the Period Table of Benefits, a person is considered disabled if: disease or injury prevents him from performing the essential duties of his regular occupation; and 2. except for any employment under an approved rehabilitation plan, he is not employed in any occupation that is providing him with income equal to or greater than the income benefit available under this plan, as shown in the Table of Benefits. After the Initial Assessment After the initial assessment period, a person is Period considered disabled if disease or injury prevents him from being gainfully employed. - gainful employment Gainful employment means work: 1. a person is medically able to perform; 2. for which he has at least the minimum qualifications; 3. that provides income of at least 50% of his monthly earnings; and 4. that exists either in the province or territory where he worked when he became disabled or where he currently lives. The availability of work will not be considered in assessing disability. Benefit Provisions - LTD D 1 165993 112 BENEFIT PROVISIONS Loss of License Loss of any license required for work will not be considered in assessing disability. Benefit Provisions - LTD 165993 113 m BENEFIT PROVISIONS DISABILITY PERIOD Adisability period is: 1. the waiting period; plus 2. the benefit period. WAITING PERIOD The waiting period starts when the person first becomes disabled and |onta, if disability is continuous, for the number ofdays shown inthe l[ob|e of Benefits. |fdisability ionot continuous, the days the person is disabled will be accumulated to satisfy the waiting period aolong as: nointerruption islonger than 2weeks; and the disabilities arise from the same disease or injury. Benefitproaisimns-LTD 165993 • •, BENEFIT PERIOD A benefit period is: 1. the period of time after the waiting period during which the person is continuously disabled; plus 2. if the disability is not continuous, any period of time during which the disability is considered to be a recurrence. A benefit period will not continue past a person's 65th birthday. RECURRENCE After the waiting period, a disability is considered a recurrence if it arises from the same disease or injury and starts: 1. within 6 months after the previous disability ends; or 2. within 6 months after the end of an approved rehabilitation plan. Benefit Provisions - LTD 165993 115 W1 .►O 57M INCOME BENEFITS A disabled person is entitled to income benefits after the waiting period ends and for as long as the benefit period lasts. No income benefits are payable for the waiting period itself. Amount Payable The amount payable is the income benefit shown in the Table of Benefits less the reduction, if any, required under the offset provision. The income benefit is payable to the disabled person monthly in arrears. One thirtieth of the income benefit is payable for each day of any period less than a full month. At Great -West Life's discretion, the income benefit may be paid more frequently than monthly, on a pro -rated basis. - other income The income used in the offset provision is the income payable for the same period as the income benefit under this policy. Except for retirement benefits, all income is considered payable when a person is entitled to it, whether or not it has been awarded or received. If it has not been awarded, Great -West Life will have the right to estimate it according to the terms of any plans or legislation involved. Retirement benefits are considered payable when they are actually received. If income is payable in a lump sum, the amount used will be the portion payable for loss of income during the benefit period. - monthly earnings Monthly earnings are 1/12 of annual earnings. Benefit Provisions - LTD D 5 (Jan.01.15) 165993 116 Offset Provision Under this provision, the person's income benefit is reduced by the following income: Benefit Provisions - LTD 165993 Disability benefits to which he or another member of his family is entitled on the basis of his disability under: (a) the Canada Pension Plan; (b) the Quebec Pension Plan; or (c) a similar plan in another country which has a reciprocal agreement with Canada or Quebec. Benefits payable directly to another family member are not included. 2. Retirement benefits to which he is entitled on his own behalf under: (a) the Canada Pension Plan; (b) the Quebec Pension Plan; or (c) a similar plan in another country which has a reciprocal agreement with Canada or Quebec. This does not include benefits that were payable for each of the 12 months before a disability period. 3. Benefits under any Workers' Compensation Act or similar law except for: (a) permanent partial disability awards that were payable for each of the 12 months before a disability period; and (b) benefits related to employment with another employer. 4. Loss of income benefits under an automobile insurance plan, to the extent permitted by law. D6 (Jan.01.15) Benefit Provisions - LTD 165993 BENEFIT PROVISIONS 5. Loss of income benefits available through legislation to which he or another member of his family is entitled on the basis of his disability, except for Employment Insurance benefits and automobile insurance benefits. 6. The wage loss portion of any criminal injury award, except for awards that included the long term disability income benefits available under this plan in the calculation of the award. 7. Disability benefits under a plan of insurance available through an association, except for benefits that were payable for each of the 12 months before a disability period. 8. Employment income, disability benefits, or retirement benefits related to any employment, except for: `MF:3 (a) disability benefits that are prepayments of life insurance. (b) benefits from retirement plans to which an employer has not contributed. (c) any amount that is related to employment other than with the employer and that was payable for each of the 12 months before a disability period. All employment income, disability benefits, and retirement benefits resulting from the same employment are considered together in satisfying the 12 -month condition as long as there is no interruption from one to the other. Waiting periods for disability benefits do not count as interruptions. D7 (Jan.01.15) :14ilk IMyIi=161TJ MM N1 (d) 50% of earnings received from an approved rehabilitation plan. This amount is considered under the rehabilitation incentive provision. Termination pay, severance benefits, and any similar termination of employment benefits, including any salary paid in lieu of notice, are considered employment income under this provision. - commission income If income under this provision is payable on a commission basis, the income used will not be reduced by commission related expenses. Rehabilitation Incentive Earnings received from an approved Provision rehabilitation plan are not used to reduce a person's income benefit unless 50% of those earnings, his income from this policy, and the income described under the offset provision would exceed 100% of his monthly earnings. If it does, his income benefit is reduced by the amount in excess of 100%. Benefit Provisions - LTD D 8 (Jan.01.15) 165993 119 BENEFIT PROVISIONS INFLATION PROTECTION The following provisions provide inflation protection. Assessment In assessing a person's ability to be gainfully employed, Great -West Life will multiply his monthly earnings by the Consumer Price Index factor. Recalculation The amount payable will be recalculated for inflation protection 1 year after the start of the benefit period and annually after that. On those dates: the then current amount payable will be multiplied by the Cost -of -Living Adjustment factor; and 2. the income limit under the rehabilitation incentive provision will be multiplied by the Consumer Price Index factor. Other Income When the amount payable is recalculated, cost - of -living increases in the income described under the offset provision, that take effect after the benefit period starts, are not included as income subject to the offset and rehabilitation incentive provisions. This provision does not apply to earnings received from an approved rehabilitation plan. Consumer Price Index Factor The Consumer Price Index factor for an assessment or recalculation date is the ratio of the Consumer Price Index as of 3 months before that date, to the Consumer Price Index as of 3 months before the start of the benefit period. Benefit Provisions - LTD D 9 (Jan.01.15) 165993 120 BENEFIT PROVISIONS Changes to the Consumer If there is a change in the method of calculating Price Index the Consumer Price Index: 1. the Consumer Price Index will be used for the period preceding the change; and 2. an appropriate measure of inflation will be used for the period after the change. Cost -of -Living Adjustment The Cost -of -Living Adjustment factor for a Factor recalculation date is the lesser of: 1. 1.01; and 2. the ratio of the Consumer Price Index as of 3 months before that date, to the Consumer Price Index as of 15 months before that date. Consumer Price Index The Consumer Price Index means the all -item Consumer Price Index for Canada (not seasonally adjusted). Benefit Provisions - LTD D10 (,Jan.01.15) 165993 121 BENEFIT PROVISIONS VOCATIONAL Vocational rehabilitation involves a work related REHABILITATION activity or training strategy that: 1. is designed to facilitate a disabled person's return to his job or other gainful employment; and 2. is recommended or approved by Great - West Life. In considering whether to recommend or approve a rehabilitation proposal, Great -West Life will assess such factors as the expected duration of disability, and the level of activity required to facilitate the earliest possible return to work. The goal of a rehabilitation plan must be: 1. to return the person to work in the same job; 2. to return the person to work in a modified job with the same employer; or 3. to return the person to work in a different job that capitalizes on transferable skills. Participation Commitment If a person does not participate or cooperate in a rehabilitation plan that has been recommended or approved by Great -West Life, he will no longer be entitled to income benefits. Time Commitment The duration of a rehabilitation plan must be approved by Great -West Life. Once approved, a person's benefit period is guaranteed for that duration as long as he continues to participate and cooperate in the plan. Employment Income Employment income earned during a rehabilitation period will be considered under the offset and rehabilitation incentive provisions. Benefit Provisions - LTD D 11 (Jan.01.15) 165993 `A BENEFIT PROVISIONS Expense Benefit Reasonable expenses associated with a rehabilitation plan, other than usual employment expenses, may be paid for by Great -West Life at its discretion. Expenses claimed under this provision must be pre -authorized by Great -West Life. Limitation Vocational rehabilitation benefits are only available while the person is entitled to income benefits. Benefit Provisions - LTD 165993 123 D12 (Jan.01.15) 4+ -moo OU MEDICAL COORDINATION Medical coordination is a program that: 1. is designed to provide cost effective, quality care; 2. is designed to facilitate medical stability; and 3. is recommended or approved by Great - West Life. In considering whether to recommend or approve a medical coordination program, Great -West Life will assess such factors as the expected duration of disability, and the level of activity required to facilitate medical stability. A medical coordination program may include the following services: consultation with the disabled person, members of the person's family, and the attending physician to gain further understanding of the treatment plan and its goals. 2. comparison of the person's current treatment plan with generally accepted treatment standards for similar conditions and, where suitable, follow up identified alternatives with the attending physician. 3. referral to professionals, including physician specialists, or facilities, for diagnosis or treatment. Participation Commitment If a person does not participate or cooperate in a medical coordination program that has been recommended or approved by Great -West Life, he will no longer be entitled to income benefits. Benefit Provisions - LTD D 13 (Jan.01.15) 165993 124 BENEFIT PROVISIONS Expense Benefit Reasonable expenses associated with a medical coordination program may be paid for by Great - West Life at its discretion. Expenses claimed under this provision must be pre -authorized by Great -West Life. No benefits will be paid for any portion of the expense for which benefits are payable under a government plan. Limitations Medical coordination benefits are only available while the person is entitled to income benefits. Great -West Life will not cover medical coordination services after the person has returned to work, unless he is receiving vocational rehabilitation benefits. Benefit Provisions - LTD 165993 fiP491 D14 (Jan.01.15) GENERAL LIMITATIONS - pre-existing conditions - reasonable and customary treatment Benefit Provisions - LTD 165993 FEN k `'4 O e k No benefits will be paid for: disability arising from a disease or injury for which the person obtained medical care before he became insured. Medical care is considered to be obtained when he consults a doctor, uses medication on the advice of a doctor, or receives other medical services or supplies. This exclusion does not apply if disability starts after: (a) he has been continuously insured for 1 year; or (b) he has not had medical care for the disease or injury for a continuous period of 90 days ending on or after the date his insurance took effect. 2. any period in which the person does not participate or cooperate in a reasonable and customary treatment program. `PU A reasonable and customary treatment program is systematic treatment that: (a) is performed or prescribed by a legally licensed doctor of medicine; and (b) is of the nature and frequency usually required for the condition involved. Where considered appropriate by Great - West Life for the severity of the condition, the treatment must be prescribed by and, if appropriate, performed or supervised by a certified specialist for the condition involved. If substance abuse contributes to a person's disability, his treatment program must include participation in a recognized substance withdrawal program. D15 (Jan.01.15) BENEFIT PROVISIONS - other disability benefits 3. any period after the person fails to cooperate in applying for other disability benefits, reapplying for such benefits, or appealing decisions regarding such benefits, where considered appropriate by Great -West Life. - rehabilitation plans 4. any period after the person fails to participate or cooperate in a rehabilitation plan that has been recommended or approved by Great -West Life. - medical coordination 5. any period after the person fails to participate or cooperate in a medical coordination program that has been recommended or approved by Great -West Life. - medical/vocational 6. any period after the person fails to assessments participate or cooperate in a medical or vocational assessment required by Great - West Life. - leave of absence 7. the scheduled duration of a leave of absence. A leave of absence is considered to start on the date agreed upon by the employee and the employer. This exclusion does not apply to any portion of a period of maternity leave during which the person is disabled as a result of pregnancy. If a child is born before a period of maternity leave is scheduled to start, the leave is considered to start on the date of birth. - absence from Canada 8. any period in which the person is outside Canada. This exclusion does not apply during the first 30 days of an absence, or if Great -West Life pre -authorized the absence prior to the person's departure. Benefit Provisions - LTD D 16 (Jan.01.15) 165993 127 BENEFIT PROVISIONS incarceration, confinement, 9. any period of incarceration, confinement, or imprisonment imprisonment by authority of law. war, insurrection, riots 10. disability arising from war, insurrection or voluntary participation in a riot. Benefit Provisions - LTD D 17 (Jan.01.15) 165993 128 CLAIM PROVISIONS NOTICE OF CLAIM To permit prompt assessment, initial notice of claim should be submitted to Great -West Life no later than 10 days after disability starts. Great -West Life will not be liable for claims for which initial notice is submitted more than 3 months after the earlier of: the end of the waiting period; and the date this policy terminates. PROOF OF CLAIM Benefits under this policy will only be payable for periods for which Great -West Life has received satisfactory proof that the person is entitled to benefits. The claimant must provide information required to prove his entitlement to benefits and must also authorize Great -West Life to obtain information from other sources for this purpose. Whenever Great -West Life requests information or authorization, it must be submitted within 3 months. If it is not submitted within this time, Great -West Life will not be liable for any further benefits. NOTICE OF ASSESSMENT Great -West Life will give the claimant a written notice of assessment showing: Claim Provisions - LTD 165993 1. whether or not benefits have been approved; 2. whether or not further information is required; and 3. if benefits have not been approved, the reasons for denial and the procedures he may follow to appeal. `P40.1 Chi CLAIM PROVISIONS LEGAL ACTIONS Every action or proceeding against an insurer for the recovery of insurance money payable under the contract is absolutely barred unless commenced within the time set out in the Insurance Act or other applicable legislation (e.g. Limitations Act, 2002 in Ontario, Quebec Civil Code). OVERPAYMENT If benefits are paid that were not payable under this policy, the employee is responsible for repayment within 30 days of Great -West Life sending him a notice of overpayment, or within a longer period if agreed to in writing by Great - West Life. If he fails to fulfill this responsibility, no further benefits are payable under this policy until the overpayment is recovered. This does not limit Great -West Life's right to use other legal means to recover the overpayment. SUBROGATION AND RIGHT Where permitted by law, Great -West Life has full OF RECOVERY rights of subrogation with respect to damages for loss of income when responsibility for a person's disability may be attributable to another party. Great -West Life also has the right to recover from the person any benefits paid under this policy for loss of income for which he has been indemnified by the other party. However, Great -West Life has no obligation under this policy to exercise its rights of recovery and subrogation. BENEFICIARY An employee may make, alter or revoke a designation of beneficiary as permitted by law. Any designation of beneficiary the employee made under the employer's previous policy prior to the effective date of this policy does not apply under this policy. Claim Provisions - LTD 165993 130 AN GENERAL PROVISIONS CURRENCY All money payable under this policy will be in Canadian funds. FURNISHING OF Upon request, the Group Policyholder must INFORMATION: ACCESS TO forward to Great -West Life: RECORDS 1. required information on the eligibility of employees; 2. employee applications; 3. details relating to changes in insurance; and 4. information required for assessment of claims, including job information. Great -West Life has the right to inspect the Group Policyholder's records relating to employees' insurance. Inspections can take place while this policy is in force and during the first year after it terminates. Great -West Life has the right to have representatives visit an employee's worksite to obtain information about his job. All requests, notices, applications, and claims must be made to Great -West Life in writing. Great -West Life will not be liable for the Group Policyholder's failure to supply required information or records. General Provisions - LTD F 1 165993 131 GENERAL PROVISIONS MEDICAL AND VOCATIONAL Great -West Life has the right to conduct ASSESSMENTS necessary investigations relating to applications or claims, and to obtain independent medical or vocational assessments if required. Great -West Life must also be given the opportunity to examine the person for whom an application or claim is made as often as it may reasonably require during the course of an investigation or assessment. Great -West Life will not assume the cost of assessment or investigation in connection with a late application. Great -West Life may assume the cost of other assessments or investigations according to its administrative practices at the time of application or claim. MISSTATEMENT OF AGE Great -West Life may request proof of a person's age at any time. If his age has been misstated, entitlement to insurance and benefits will be determined according to his true age. If premiums have been underpaid for a person's true age, a retroactive adjustment must be paid by the Group Policyholder before any benefits will be paid or continued. If premiums have been overpaid for a person's true age, Great -West Life will pay or credit a retroactive adjustment to the Group Policyholder. General Provisions - LTD F 2 165993 132 GENERAL PROVISIONS DISCLOSURE PROVISIONS 1. This policy will be available through the Group Policyholder for review by employees. Great -West Life, at its discretion, may release a copy of this policy in order to settle claims. General Provisions - LTD 165993 2. If asked to do so within 2 years after notification of a decision concerning insurance or benefits, Great -West Life will disclose to the employee the name of each person or organization that provided information concerning his application or claim. If an employee submits written authorization from a person or organization that provided medical information, Great - West Life will disclose the information to the employee or, at Great -West Life's discretion, to the employee's doctor. 4. Great -West Life may, without specific authorization, disclose information about a person's claim to another insurer or benefits administrator if: (a) the information could be relevant to assessment of the claimant's entitlement to other disability benefits for the same period of time; and (b) the information is given in confidence with the stipulation that it may not be released to another party. `19191 A&I Fff4 NA i , .. e t 1 APPEALS A person has the right to appeal a denial of all or part of the insurance or benefits described in this policy as long as he does so within one year of the initial denial of the insurance or a benefit. An appeal must be in writing and must include the person's reasons for believing the denial to be incorrect. CONFORMITY TO If this policy does not conform to legislation that LEGISLATION governs it, it is considered automatically amended to comply with the minimum requirements of that legislation. NON -PARTICIPATING This is a non -participating policy. GENDER The words he, him and his refer to both genders. General Provisions - LTD F 4 165993 R0111 GENERAL PROVISIONS ANNUAL EARNINGS Annual earnings is the current annual salary paid by the employer, excluding overtime and bonuses. For benefit calculations and in assessing a person's ability to be gainfully employed, annual earnings will be those in effect at the start of the disability period. - hourly -paid employees If an hourly -paid employee's hours vary, his earnings are calculated using the average number of hours worked in the last 12 months and the current hourly rate of pay. If he has worked less than 12 months for the employer, the hours are averaged over the period of employment. - earnings limitation If there is a difference between the actual annual earnings and those reported by the employer for premium purposes, the lesser of the 2 amounts will be considered the annual earnings amount under this policy. This limitation will not apply in assessing a person's ability to be gainfully employed. General Provisions - LTD 165993 135 IM PREMIUM PROVISIONS PAYMENT The first premium is due on the effective date of this policy. After that, premiums are due on the first day of each month. Premiums must be paid by the Group Policyholder at Great -West Life's Head Office. Premiums not paid on time will be in default. GRACE PERIOD After the first premium has been paid, 31 days of grace are allowed to pay a premium in default. During this time the policy will stay in force. If the premium is not paid by the end of the days of grace this policy will terminate. The Group Policyholder is liable for a pro rata premium for the time this policy is in force during the grace period and for all other unpaid premiums. - waiver of premium - premium payment not a guarantee of coverage The amount of each premium is the sum of the premiums for each insured employee calculated at the rate last set by Great -West Life. No premium is payable for an employee during a benefit period. Payment of premium will not cause insurance to take effect or continue if it would not do so according to this policy's insuring provisions. ADJUSTMENTS The premium will be adjusted retroactively to reflect changes in insurance amounts. Credits will be given only for the 4 months preceding receipt of notice. Premium Provisions - LTD 165993 136 G1 RATE CHANGES - renewal changes Great -West Life can change the premium rates on May 1, 2014 or on the first day of any month after that. Written notice will be sent to the Group Policyholder before a change is made. Once a change is made, Great -West Life cannot make another renewal change for 12 months or such other period as may be agreed to by the Group Policyholder. - other changes A rate change can be made at any time if: Premium Provisions - LTD 165993 the policy provisions are changed at the request of the Group Policyholder. 2. the introduction, revision, or repeal of a government law or regulation results in a change in: (a) the benefits payable under this policy; or (b) taxes payable to a government authority. 3. there is a change in the number of employees insured under this policy that exceeds 25% since the last renewal change. `KYA G2 TERMINATION OF THE The Group Policyholder may terminate this policy POLICY by giving written notice to Great -West Life. Termination by the Group Policyholder will take effect on the later of: Policy Termination - LTD 165993 1. the date of termination stated in the written notice; and 2. the date Great -West Life receives the written notice. Great -West Life may terminate this policy at any renewal date by giving written notice of termination to the Group Policyholder at least 31 days in advance. This policy will automatically terminate if a premium in default is not paid by the end of the grace period for that premium. `91.11 H1 TRANSFER PROVISIONS Transfer of Insurance The following provisions apply when insurance for any class of employees under this policy takes effect during the 31 days after coverage ends for that class under another group long term disability income insurance policy. Transfer Provisions - LTD 165993 Any person who was covered in the terminating class under the other policy when insurance for that class ended will be insured on the effective date of insurance for that class under this policy, as long as he is then an insurable employee. 2. Any person whose insurance has not been interrupted will be entitled to benefits under this policy for a pre-existing condition if: (a) no benefits are payable for that condition under the other policy because of termination of insurance for the employee's class under that policy; but (b) benefits would have been payable under the other policy if insurance for the terminating class had remained in force. 3. No benefits are payable under this policy for a disability period that is covered as a recurrence under a previous policy. `197 19 TRANSFER PROVISIONS Transfer of Claims If the Group Policyholder transfers responsibility for the continuing assessment of existing claims: 165993 to Great -West Life, Great -West Life has the right, without the claimant's authorization, to obtain claim records from the previous insurer or benefits administrator. 2. from Great -West Life, Great -West Life has the right, without the claimant's authorization, to disclose claim information to the party assuming responsibility for existing claims. `«91 I1K COUNCIL REPORT M&C No. M&C #2017 - 60 Report Date March 13, 2017 Meeting Date March 20, 2017 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Easement Acquisition — Portion of Civic #491 City Line OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author/ Dept. Head Deputy Commissioner/ Commissioner City Manager Curtis Langille Ian Fogan /Kevin Fudge Jeff Trail RECOMMENDATION That Common Council adopt the following resolution: 1. That the City acquire an Easement for Municipal Services in a 45.40 sq. m +/- portion of said PID # 389353, for $883.00 upon the terms and conditions set out in the Agreement of Purchase and Sale attached to M&C 2017 - 60; and 2. That the Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction. EXECUTIVE SUMMARY The owner of civic #491 City Line has, subject to Common Council's approval, agreed to grant an easement through a portion of their land required for proposed construction of sanitary sewer improvements for the price of $883.00 (+ HST). Funding is approved in the 2017 Water & Sewer Utility Fund Capital Program. The purpose of this report is to obtain Common Council's adoption of the aforementioned recommendation to acquire the last remaining necessary land interest in order for this project to proceed. -2 - PREVIOUS RESOLUTION Common Council, at its February 20, 2017 meeting adopted a resolution to acquire an easement and freehold parcel from Dufferin Point Inc. (see M&C #2017-33) for the proposed construction of sanitary sewer improvements. At its meeting of March 6, 2017 Council also agreed to acquire from Amy Elizabeth Lanteigne a Freehold interest in a 39.35 sq. m. +/- portion of land designated PID # 389346, and a Freehold interest in a 46.34 sq. m +/- portion of said PID # 388736 (see M & C #2017-46). 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. REPORT As noted earlier in this report, Council has previously adopted two resolutions to acquire other lands necessary for this project from Dufferin Point Inc. and from Ms. Lanteigne. Mr. Greenlaw owns the last remaining property from which a land interest is required to facilitate the placement of pipes in the ground (see attached sketch). The land owner has agreed to sell to the City an easement in and through his property which is required for the proposed sanitary sewer improvements at the value contained in the attached Agreement of Purchase and Sale. SERVICE AND FINANCIAL OUTCOMES Acquisition of this real estate will enable the improvement of the sanitary sewer system. This project will be financed from the 2017 Water & Sewer Utility Fund Capital Program that has already been approved by Council. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The following departments have provided input to this report: Saint John Water / Engineering City Solicitor's Office Growth and Community Development Finance and Administrative Services. ATTACHMENTS Location Map Agreement of Purchase and Sale Document I MCI The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to ft Purchaser an easement interest in Parcel 1 as here�nafter set out upon the following terms and conditions: Vendor� GREENLAW, PHILLIP EDMOND 491 City Line Saiint John, NB E2,M 1 M2 Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NB E21- 41-1 Attention Common Clerk Premises: Easement interest in land designated "Proposed Municipal Services Easement Area = 45A0M2:o on Drawing No. 161113 -1A -CO2 dated NOV 14/16, prepared by Crandall Engineering Ltd, entitled" "Easement Acquisition — PID, 010389353", a copy, is attached hereto as Schedule A (hereini"'Parcel V); Purchase Price: $883.00 + HST if applicable Deposit: $ 83.,00 payable lupcn adoption of Common Counci� Resolution Balance., $800.00 on Closing Date Closing Date, On or before 4TO p,m-, local time, on August 31, 2017 1 , The Purchaser shall acqiuire from the Vendor an unencumbered easement and rights ait the cost, risk and expense of the Purchaser, by its officers, servants, agents, contractors and workers, to enter Parcel I (t�he "Lands") with machinery, materials, vehicles and equipment and to construct, alter, maintaini, inspect and repair underground water mains or pipefines, storm sewers, sanitary sewers, or any like municipal works including all related works appurtenant thereto, promptly restoring as far as is practical the surface of the Lands to the same conditions as it was prior to the commencement of the work or excavation, together with the right by action or otherwise at any time to enjoin the Vendor, including the heirs, executor, administrators, successors and assigns of such Vendor from erecting or locating on the Lands any building,, structure or other obstacle which could impair the free and full use of the easement or permitting the erection or ocationi thereon of any such building, -structure or other obstacle. 26 The Purchaser may examine the title to the Premises at its own expense until t Clos,ing Date, If within that time any valid objection to the, title to the Premises is made writing by the Purchaser to the Vendor which, the Vendor shall be unable or unwilling I 11 Agreement of Purchase and' Sala — PID 00389353 PhMip Edmond Greenlaw and The City of Sairt John affecting the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction. 10, This Agreement shall be governed by and construed in accordance with the laws Of the Province of New Brunswick, 111. This offer shall be irrevocable by the Vendolr until 4:0lO p.m. local time, on April 30, 2017 and upon acceptance by the Purchaser shall constitute an Agreement of Purchase! and Sale binding upon the, parties hereto, 12, This offer when accepted shall be real all changes of gender or number required by the context shall be blinding upon the parties hereto, their respective heirs, executors, administrators, and assigns, and time shaH in afl respects be of the essence hereof. 113. MID FIRTHER that, upon acceptance, by the Purchaser, the Purchaser, by its authorized representatives, and with such equipmenit as may be necessary has a right of access to, in and upon the Premises at any time provided such right is exercised with as little disturbance as possible to the Vendor for such purposes and pursuant to the terms hereinafter set out (i) The right of access is to allow the Purchaser to construct improvements to the City of Saint John sanitary sewer system, including but not limited to,, construction of a sanitary lift station and associated pipling; (H) Any entry to, in and upon the Premises shallrequire 48 hours' prior written (email) notice to, the Vendor at (iii) Any entry by or on behalf of the Purchaser shall be at its riskcost and eixpense; and (iv) The Purchaser for itself and its authorized representatives herebi', and salves harmless the Vendor from and against all matters arising by reason of the Purchaser exercising its right of access granted herein., Re,malinder of page intentionally left blank. Signatures on next page. I Agreement of Purchase and Sale — PID 0038935,3 PKIllip Edmond Green law and The Oty of SaMtlohn I IN W7NESS WHEREOF the Vendor has caused' these piresents to be executed this dayo017 A/ hilli'p Edmon Gre6nilaw The Vendor's solicitor is gjr�,I AND the Purchaser has caused these presents to be executed this _ day of ,2017, THE CITY OF SAINT" JOHN Mayor El MIN M-61,577.7. The City of Saint John WHEREAS: Purple Day is a global effort dedicated to promoting epilepsy awareness in countries around the world; and WHEREAS: Purple Day was founded in 2008 by Cassidy Megan, a nine-year-old girl from Nova Scotia, who wanted people to know that if you have epilepsy, you are not alone; and WHEREAS: epilepsy is one of the most common neurological conditions, estimated to affect more than 50 million people worldwide, and more than 300,000 people in Canada; and WHEREAS: the public is seizure types, first aid; and often unable recognize the common or how to respond with appropriate WHEREAS: Purple Day will be celebrated on March 26 annually to increase understanding, reduce stigma and improve the quality of life for people with epilepsy throughout the country and globally, NOW THEREFORE: I, Mayor Don Darling, of Saint John do hereby proclaim March 26, 2017 as Purple Day in the City of Saint John in an effort to raise epilepsy awareness everywhere. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. `N191 n I LH VT 114 V lrinl.it 4.r. 111-07 A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN :►xxr i1Clr l..r. 111-J7 ARRETE MODIFIANT VARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Be it enacted by The City of Saint Lors dune rdunion du conseil John in Common Council convened, as communal, The City of Saint John a follows: ddcrdtd ce qui suit: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: 1 Amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1,468 square metres, located at 139 Bay Crescent Drive, also identified as PID No. 00024364, from Rural Settlement Residential (RS) to Utility Service (US). - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of *, A.D. 2017 and signed by: L'arretd de zonage de The City of Saint John, ddcrdtd le quinze (15) ddcembre 2014, est modifid par: 1 La modification de Pannexe A, Carte de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'unc superficie d'environ 1,468 mdtres carrels, situde au 139 promenade Bay Crescent, et portant les NID. 00024364, de zone rdsidentielle de peuplement rural (RS) a zone de services publics. - toutes les modifications soot indiqudes sur le plan ci joint et font partie du prdsent arrdt6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le prdsent arret6 le 2017, avec les signatures suivantes : mom First Reading - March 6, 2017 Premiere lecture - le 6 mars 2017 Second Reading - March 6, 2017 Deuxi6me lecture - le 6 mars 2017 Third Reading - Troisieme lecture - Moditiant Annexe «A» de I'Arrete de zonage de The City of Saint John prom. Bay Crescent pr TO l A Rural Settlement Utility Service Zone residentielle RS US Zone de services de peuplement rural publics Applicant: City of Saint John Growth and Community Development on behalf of Saint John Water Location: 139 Bay Crescent Drive SPI D(s)/NI P(s): 00024364 Considered by P.A.C.Iconsidere par le C.C.U.: February 21 fevrier, 2017 'Enacted by Council/Approuve par le Conseil: COUNCIL REPORT M&C No. M&C 2017-71 Report Date March 15, 2017 Meeting Date March 20, 2017 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Weight Restrictions By -Law Amendment and Agreement OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Tim O'Reilly Tim O'Reilly for Michael Hugenholtz Jeff Trail RECOMMENDATION City staff recommends that Common Council: 1. Approve 1s' and 2nd Readings of the attached Amendment to the Saint John Weight Restrictions By -Law and, 2. Endorse the attached agreement with J.D. Irving Limited and authorize the Mayor and Common Clerk to execute the required documentation. EXECUTIVE SUMMARY J.D. Irving Limited is planning to construct a parking garage adjacent to their 300 Union Street office building. City approval to construct this structure is being sought through a separate process not being considered via this report. Delivery of construction materials and equipment to the site are planned to start next week in order to meet their construction schedule. Heavy vehicles need to travel on City streets. The Saint John Weight Restrictions By -Law is in place to mitigate damage to City streets and underground utilities with travel by heavy vehicles. Part of this by- law includes a reduction in the maximum allowable per -axle weight permitted on most City streets to 80% during an approximate two month period each Spring as the ground thaws and becomes more vulnerable to damage. The by-law refers to and uses the same spring weight restriction period each year as used by the Province. For 2017 the Spring Weight Restriction period for southern New Brunswick started on March 5 and is planned to continue until May 14, but is fINv -2 - weather dependent. A number of City streets, typically the truck routes or connections to Industrial Parks, are exempt from the 20% per -axle reduction. J.D. Irving Limited is requesting that heavy vehicles above the 80% Spring restriction limit travel to the parking garage construction site travel on two City street streets not exempt from the reduced weight limits, including on Union Street from Crown Street to Wentworth Street and on Wentworth Street from Union Street to King Street East. The rest of the travel route for these heavy vehicles is on streets exempted from the reduced axle weight limits. The vehicles will be within the 80% axle weight limits when they leave the construction site as their materials and equipment will be unloaded. Common Council must approve an amendment to the Saint John Weight Restrictions By -Law to permit these heavy vehicles to travel on Union Street and Wentworth Street (without violating the by-law). Three Readings of the amendment (attached) over two consecutive Council meetings are required. The amendment is for a limited period of time (March 28 - April 3). Attached to this report is a proposed agreement with J.D. Irving Limited. The agreement would aid in placing responsibility for any damage caused to infrastructure by the heavy equipment on J.D. Irving Limited. A series of measures will aid in reducing the risk of damage being caused to infrastructure on and below the street and identifying responsibility should damage occur. Several measures are outlined in the attached proposed agreement. The City will endeavor to conduct pre and post move sewer videos to log condition at crossing locations along route of travel of the heavy vehicles. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT N/A SERVICE AND FINANCIAL OUTCOMES J.D. Irving Limited is paying for the assessment of infrastructure. There will be a cost to the City to complete its pre and post inspections that is yet to be finalized. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Solicitor developed the attached Weight Restrictions By -Law Amendment and Agreement. The City's Growth and Community Development `N'il -3 - Service and J.D. Irving Limited and their contracted services provided input as well. ATTACHMENTS Proposed Amendment to the City of Saint John Weight Restrictions By -Law Proposed Agreement with J.D. Irving Limited BY-LAW NUMBER MV -17 A LAW TO AMEND A BY-LAW RESPECTING WEIGHT RESTRICTIONS WITHIN THE CITY OF SAINT JOHN ENACTED UNDER THE AUTHORITY OF SECTION 262(1) OF THE MOTOR VEHICLE ACT Be it enacted by the Common Council of The City of Saint John as follows: A By -Law of The City of Saint John entitled "a By -Law Respecting Weight Restrictions Within The City of Saint John Enacted Under The Authority of Section 262(1) of The Motor Vehicle Act" enacted on the 5"' day of April, A.D. 2004, is hereby amended as follows: ARRETE No MV -17 ARRETE CONCERNANT LES LIMITATIONS DE POIDS DANS THE CITY OF SAINT JOHN EDICTS EN VERTU DU PARAGRAPHE 262(1) DE LA LOI SUR LES VEHICULES A MOTEUR Lors d'une reunion du conseil communal, The City of Saint John a d&cr&t& cc qui suit: Par les pr&sentes, Farr&t& de The City of Saint John intital& « Arret& concernant les limitations de poids dans the city of Saint John edict& en vertu du paragraphe 262(1) de la loi sur les vehicules a moteur », &dict& le 5 avril 2004, est modifi& comme suit: 1 Schedule A is amended by adding the 1 L'annexe A est modifi&e par 1'adjonction des following words under the following headings: mots suivants sous les titres suivants : Connection Routes Union Street between Crown Street and Wentworth Street only between March 28, 2017 and April 3, 2017 inclusive Wentworth Street between Union Street and King Street East only between March 28, 2017 and April 3, 2017 inclusive IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the day , A.D. 2017 and signed by: Routes de raccordement rue Union entre rue Crown et rue Wentworth entre le 28 mars 2017 et le 3 avril 2017 inclusivement rue Wentworth entre rue Union et rue King Est entre le 28 mars 2017 et le 3 avril 2017 inclusivement EN FOI DE QUOI The City of Saint John a fait apposer son sceau communal sur le pr&sent arret& le 2017, avec les signatures suivantes Mayor/Maire Common Clerk / Greffi&re communale First Reading - Premiere lecture - Second Reading - Deuxi&me lecture - Third Reading - Troisi&me lecture - `RV THIS AGREEMENT made in duplicate as of the day of March, 2017. J.D. IRVING, LIMITED, a corporation duly incorporated under the laws of the Province of New Brunswick, hereinafter called the "DEVELOPER" OF THE FIRST PART and THE CITY OF SAINT JOHN, a body corporate by Royal Charter confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "CITY" OF THE SECOND PART WHEREAS the Developer is planning to construct a parking garage on its property located between Carmarthen and Wentworth Streets in the City of Saint John and Province of New Brunswick (the "Property'); and WHEREAS delivery of construction materials and equipment to the Property requires the operation of vehicles within the City with axle weights in excess of 80% of the axle weights permitted under the Motor vehicle act, RSNB 1973, c M-17, and the Saint John Weight Restrictions By-law, By-law Number MV -17, and amendments thereto (the "Heavy Vehicles"); and WHEREAS the Developer has requested permission from the City to operate Heavy Vehicles on Union Street from Crown Street to Wentworth Street; and Wentworth Street from Union Street to King Street East (collectively, the "Streets") between March 28, 2017 and April 3, 2017 (the "Move"); and WHEREAS the City is prepared to accede to the Developer's request referred to in the immediately preceding recital by enacting an amendment to the Saint John Weight Restrictions By-law; NOW THEREFORE THIS AGREEMENT WITNESSETH that the parties hereto for and in consideration of these presents and the covenants herein contained agree each with the other as follows: 1. That the Developer shall only operate Heavy Vehicles on the Streets between March 28, 2017 and April 3, 2017. 2. That the Developer shall notify the City's Traffic Engineer at least one (1) business day in advance of the Move. 3. That the Developer shall engage an Engineering Consultant to (i) conduct an assessment of the asphalt surfaces on the Streets, and review plans provided by the City with respect to the location and depth of the water, sanitary and storm sewer systems owned or operated by the City, (ii) prepare a Risk Assessment Report for the Move, and (iii) prepare a pre -Move and post -Move Condition Survey Report of the asphalt surfaces relative to the planned and actual route of travel for the Move. 4. That the Developer shall (i) provide copies of the Risk Assessment Report to the Chief City Engineer or designate not later than March 24, 2017; and (ii) provide a copy of the pre -Move and post -Move Condition Survey Reports to the Chief City Engineer or designate not later than three (3) business days following completion of the Move. 5. That the Developer shall be solely responsible for the cost of the Risk Assessment Report and the pre -Move and post -Move Condition Survey Reports. 6. That the Developer hereby indemnifies, defends and saves harmless the City, its employees, officers, agents, successors and assigns, from and against any and all losses, costs, claims, demands, expenses, proceedings and actions of every nature and kind for injury or direct damages, to persons or property to the extent caused by the Move. 7. That the Developer shall reimburse the City for all reasonable costs for work, repairs, alterations, reconstruction or replacement required to remedy any damage caused by the Move, within forty-five (45) days of the date of the Developer's receipt of an invoice together with reasonable back-up information. 8. That the Developer shall receive approval from the Province of New Brunswick for operation of the Heavy Vehicles on provincial highways not later than March 28, 2017. 9. That it is expressly agreed and understood that the execution of these presents by the City does not constitute approval of the proposed parking garage on the Property which approval can be given only by the City's Development Officer. 10. This Agreement shall enure to the benefit of and be binding upon the parties hereto, their successors and assigns respectively. IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed by the properly authorized officers and their respective corporate seals affixed hereto as of the day and year first above written. SIGNED, SEALED & DELIVERED ) in the presence of: ) J.D. IRVING, LIMITED Per: Per: THE CITY OF SAINT JOHN Common Council Resolution: COUNCIL REPORT M&C No. 2017-69 Report Date March 15, 2017 Meeting Date March 20, 2017 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Central Peninsula Neighbourhood Plan Consultant Award OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Jeffrey Cyr Jacqueline Hamilton m I Jeff Trail RECOMMENDATION That Common Council, Common Council award planning and urban design consulting services for the Central Peninsula Neighbourhood Plan to Urban Strategies Inc. at a cost of $173,840.00 plus applicable taxes; and That the Mayor and Common Clerk be authorized to execute the consulting agreement. EXECUTIVE SUMMARY On January 23, 2017 Common Council authorized the issuance of a request for proposal for planning and urban design services for the Central Peninsula Neighbourhood Plan. Following an evaluation of all proposals submitted, it is recommended that Common Council award the planning and urban design consulting services to Urban Strategies Inc... PREVIOUS RESOLUTION On January 23rd, 2017 Common Council adopted the following resolution. "RESOLVED that as recommended by the City Manager in the submitted report M& C 2017-005: Central Peninsula Neighbourhood Plan — Neighbourhood Action Team & RFP, Common Council: 1. Approve the creation of the Neighbourhood Action Team for the Central Peninsula Neighbourhood Plan and direct Community Planning staff to launch a `P10.1 -2 - recruitment effort to fill the proposed 7 seats that will comprise the Neighbourhood Action Team and refer a list of candidates to the Nominating Committee; 2. Request that Uptown Saint John identify one of its members to sit on the Neighbourhood Action Team for the Central Peninsula Neighbourhood Plan and refer his/ her name to the Nominating Committee; 3. Appointment of the two Ward 3 Councillors to the Neighbourhood Action Team for the Central Peninsula Neighbourhood Plan; and 4. Authorize Community Planning staff to issue an RFP for consulting services in support of the Central Peninsula Neighbourhood Plan." STRATEGIC ALIGNMENT As a priority related to a Vibrant Safe City and Growth and Prosperity, focusing strategic investments in the City's core will accelerate urban growth, reduce urban sprawl and encourage a more compact, livable and fiscally sustainable community. Report The Central Peninsula Neighbourhood Plan is an important tool to both guide and encourage positive change and development in Saint John's core urban neighbourhood. Through a comprehensive community engagement process, it will enable the community to play a central role in shaping the areas where they live, work and play. The plan will also identify the actions, programs and services needed for the City and its community partners to undertake in order to implement PlanSJ at the neighbourhood level. The purpose of this report is to recommend the award of consulting services for planning and urban design work to Urban Strategies Inc. The Selection Process The selection of the consultant was completed in accordance with the City of Saint John's procurement policy. A request for proposals authorized by Common Council was issued in early February, which resulted in proposals from five consulting firms. The proposals were reviewed and scored by an evaluation team facilitated by a procurement specialist within the City's Materials Management service. The evaluation weighted a number of criteria, of which the most prominent were cost, quality of the proposed work and the proponents experience and expertise. The proposal evaluation criteria included the following: • Submission Quality `DO] -3- • Project Appreciation & Understanding • Proponent Profile • Proponent Roles and Qualifications • Availability of Key Personnel • Methodology • Value Added • Proponent Costs Urban Strategies Inc. Consulting Team Founded in 1986, Urban Strategies is a planning and urban design firm that offers a wide range of services to public and private clients across Canada, the U.S., Europe, and Asia. The firm's fourteen Partners, two Principals, twelve Associates and large complement of Planners and Designers come from diverse backgrounds, including architecture, economics, landscape architecture, planning, public administration and the visual arts. In the past 30 years, Urban Strategies has been recognized with over 100 awards from provincial, national and international institutions. Their clients include large and small cities, developers, public agencies, universities, hospitals and community groups. As a sub consultant, Taylor Hazell Architects will lead the heritage components of the project. Taylor Hazell Architects have established a reputation as a national leader in both heritage conservation and planning. The firm does its best work in places where culture, landscape, and buildings are open to change through compatible alterations and additions, using new form, space, materials and technology. A Collaborative Approach Urban Strategies Inc. has proposed a collaborative approach to the development of the Neighbourhood Plan, which positions the consulting team and City staff as partners working together to engage the community and to complete the project deliverables. This will allow Urban Strategies Inc. to focus their efforts on components of the plan which require specialized skills and experience. The proposed collaborative approach towards the development of the Neighbourhood Plan will allow City staff to bring a strong understanding of the local context to the project while balancing it with Urban Strategies "fresh eyes perspective" and experience undertaking similar projects across Canada and internationally. This collaborative approach has also provided the City of Saint John with a reduced consulting fee as compared to typical consulting costs for a Neighbourhood Plan of this scale. Experience & Perspective Urban Strategies Inc. brings both a strong local understanding and extensive experience in preparing neighbourhood plans in other jurisdictions. Locally, -4 - Urban Strategies has been the lead consultant for both PlanSJ and the Inner Harbour Land Use Plan, providing a strong understanding of previous work and trends in in Saint John. They also have extensive experience in Atlantic Canada, including planning and urban design engagements in both Halifax and Fredericton. Nationally, Urban Strategies has worked on dozens of neighbourhood planning projects across the Canada and the United States, bringing a wealth of experience and innovative ideas that provides the City of Saint John with the best value for money. Coordination with the MoveSJ Project Phase two of the transportation master plan is a complementary project that will be ongoing throughout the neighbourhood planning process, with several key deliverables focused on transportation themes linked to the Central Peninsula, including parking, transit, and active transportation. A management structure for both projects has been established to ensure the two projects are highly coordinated. This includes the incorporation of key staff members into both project teams, regular standing meetings and the development of a management structure to ensure collaboration and strong communication between the project consultants. SERVICE AND FINANCIAL OUTCOMES The proposed cost of work from Urban Strategies Inc. for planning and urban design services is $173,840.00 plus applicable taxes, which will come to an additional $7,562.04 after HST rebates. The required funding for the Central Peninsula Neighbourhood plan has been allocated in the 2017 operating budget. Applications have been submitted for partial funding of the project from the Federation of Canadian Municipalities Green Municipal Fund and the Province of New Brunswick's Environmental Trust Fund. The application for funding from FCM has completed the peer review process and has received a very positive recommendation to the board of the Green Municipal Fund. Staff is optimistic regarding the potential for a successful outcome for the City, which could potentially yield up to a maximum of $132,200 in project funding. Further information on the status of the Environmental Trust Fund applications is still pending. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Materials Management facilitated the RFP process to solicit proposals from Planning Consulting firms for the development of a neighbourhood plan and urban design manual for the Central Peninsula Neighbourhood Plan resulting in 5 submissions. The committee was tasked with the role of reviewing each fi"M -5 - submission against the proposal evaluation criteria as defined in the proposal call document. A cross -departmental City project team was established to help guide the Central Peninsula Neighbourhood Plan project and coordinate activities and feedback across the organization. The project team was engaged on the development of the Request for Proposal for consulting services and feedback was incorporated into the RFP. ATTACHMENTS N/A flW COUNCIL REPORT M&C No. M&C 2017-55 Report Date February 28, 2017 Meeting Date March 20, 2017 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: City of Saint John Transportation Strategic Plan Phase 2 Consulting and Engineering Services 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: 1) Common Council award engineering and consulting services for Transportation and Strategic Plan Phase 2 to IBI Group at a cost of $205,645.00 plus applicable taxes. 2) That the Mayor and Common Clerk be authorized to execute the Consulting Engineering Agreement. EXECUTIVE SUMMARY In November 2014, Council awarded the engagement of Planning and Engineering services for Transportation Strategic Plan — Phase 1 to IBI Group. The proposal IBI Group submitted for the project included three phases. Phase 1 - Research; which is complete, Phase 2 - Plan Development and Phase 3 - Plan Finalization. With the research phase completed, Phase 2; Demand Model Development is ready to begin. IBI Group will be presenting results of Phase 1 to Common Council on March 20, 2017. `[:�I -2 - PREVIOUS RESOLUTION On November 24, 2014, Common Council adopted the following resolution: "RESOLVED that as recommended by the City Manager in the submitted report M&C 2014-201: Engagement of Planning and Engineering Consultant; Transportation Strategic Plan — Phase 1, that the proposal from IBI Group for planning and engineering consulting services for the City of Saint John Transportation Strategic Plan (MoveSJ) (the "Project"), be accepted as follows: a) Phase 1 of the project is to be completed by IBI Group, at a cost of $201,104.00, all applicable taxes included; b) That the Mayor and Common Clerk be authorized to execute the Consulting Engineering Agreement." STRATEGIC ALIGNMENT This report aligns with key Common Council priorities including: • Vibrant, Safe City—The plan will develop strategies for public and transportation which will aid in developing neighhbourhoods aligned with the community's development vision established in PlanSJ which include accessible, reliable and cost-effective public and active transportation. • Valued Service Delivery — The project will provide an assessment of required transportation system capacity to support future growth and development that will be an important input in managing the City's transportation assets and guiding future investment in the transportation system. This will also serve Council's Priority of Fiscal Responsibility as it provides an input into the long-term financial planning for capital improvements to the City's transportation network. SERVICE AND FINANCIAL OUTCOMES The proposed cost of work from IBI Group to provide planning and engineering services for Phase 2 is $205,645.00 plus applicable taxes. Funding for this project is included in the 2017 operating budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The above process is in accordance with the RFP terms and conditions and the City's Procurement Policy and Materials Management support the recommendation being put forth. `W -3 - ATTACHMENTS M&C 2014-201: Engagement of Planning and Engineering Consultant; Transportation Strategic Plan — Phase 1 REPC R -T 1`0 COMM, ON CO UN CIL M & C 20114- 201 ;N November 17, 2014 Fbe (Ivy d I . il" Pim His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members ofCounc& SUBJECT: Engagement of Planning and Engineering Consultant: Transportation Strategic Plan - Phase I The approved 2014 Operating Budget includes funding for Phase I of aTransportation Strategic Plan. A Transportation Strategic Plan is an important document which provides a tool to guide investment in "d development ofthe City's transportation network over a 25 -year planning horizon. Timing for this project is important as it will update the City's existing Transportation Plan completed in 1999, which mainly focused on the movement of the motorized travel modes such as automobiles and trucks, It will also build on transportation system improvements, such as the One Mile House Interchange, which, have occurred since that tirne and incorporate the community's land use and future development vision established in the Municipal Plan. Elements of the Plan will also incorporate the community's desire, to "create a balanced transportation network to make public transit and active transportation more viable and desirable mobility options". This is in line with North Arnerican trends towards an approach to transportation that considers sustainability, healthy communities and vibrant urban centres. A Request for Proposal (RFP) was issued to engage a Planning, and Engineering consulting firm to carry out Phase I of the Transportation Strategic Plan. The initial phase will focus on the development of a vision fbr the City's transportation network and will include the following work elements,: + Collection of data regarding existing and future travel demand, This will provide data on the type and timing of" trips on the City's transportation network and the locations of where these trips originate and their destinations. This data will guide better decision making regarding development and operation of the transportation network including parking, transit and traffic operations, # Develop Goals and a Vision for the City's Transportation System to guide future development and operations, 117 167 4 Develop Guidelines for incorporating Transportation into the Municipal Plawling and Future Neighbo,urhood Planning Process, The recommended consultwit also has included early deliverables related to truck routes and speed limits and will present the results of Phase I to Common Council, Staff will provide regular updates to Common Council over the course of the project. Phases 2 and 3 of the prqjec-,t 'will include: a review of specific transportation initiatives in the City including transit, parking, active transportation and the City's roadway network. These phases would be of a similar order of magnitude and will be recornmended to proceed upon completion of Phase 1, Phase I will begin upon award in late 2014 and conclude in 2015 with Phase 2 beginning in 2015 and Phase 3 following in 201 6� The purpose of this report is to make a recommendation 'for planning and engineering consulting services for this project, In accordance with the City of Saint John's Procurement Policy and Procedures, Materials Management facilitated the RFP process, The RFP was issued OD September 8, 2014 and closed on October 9, 2014 with submissions received frorn the following firms. * Dillon Consulting Limited, Saint John, NB * HDR, Corporation, Richmond Hill, ON 0 1131 Group, Toronto, ON * MMM Group, Halifax, NS A Review Committee consisting of staff from Materials Management,, Growth & Community Development, Transportation & Environment Services, Saint John Transit, and the Saint John Parking Commission was formed to evaluate the submissions. The Committee was tasked with the role of reviewing each submission against the proposal evaluation criteria as defined in the proposal call document. These criteria consisted of the following - L Preventation — Quality, completeness, clarity and overall presentation of the proposal., 2. Personnel -- Suitability, skills and experience of the Proponent's project team, 1Project Aplt roach and,Melhodology — proponent's strategy and approach to the work, suggested timeline(s) and general approaches to potential subsequent phases, 4. Value Added -... Innovative and valuable solutions beyond the basic scope of work. M & C 2014 — 201 November 17, 201:4 Page 3 5, Cost - Fees, for completing the work, After careful, independent evaluation, the Review Committee met to analyze the findings of each member. In accordance with the City of Saint John's procurement Procedures, after completion of the "technical" evaluation, the financial proposals were opened and factored into the evaluation. After due consideration, the Review Committee unanimously selected the submission from JBI Group as the best proposal based on the overall rating of the evaluation criteria as it best rnet all of the requirements of the proposal call wi,th a cost: effective solution for the project.. Specific elements of the proposal which led to the selection of' tBI err oup's project tearn as the preferred proponent included: corporate experience oil a range of transportation planning and transportation engineering projects throughout Canada and Atlantic Canada; inclusion of New Brunswick subconsultants Exp and Opus who have relevant transportation experience in the New Brunswick and Saint John context along with a local presence; a project team including members with experience in urban planning, transportation planning, urban design, transit, parking erred traffic engineering; and a proposed approach and methodology to provide the required, project deliverables. The: above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. FINANCIAL IMPLICATIONS The proposed cost of work from IBI Group to provide planning an(] engineering services for Phase 1 is $201,,140 including HST. An amount of'$200,O�00 is included in the 2014 Operational Budget for this project. Due to the timing of the award, there may work from Phase I that will occur in 2015, wbicb will extend the timeline of the project, It is recommended that the proposal ftom IBI Group fbr planning and engineering consulting services for the City of Saint John Transportation Strategic Plan (Move ) (the "Project"), be accepted as follows: a) Phase I of the project is to be completed b,y 1131 Group, at a cost of $2011,104.00, all applicable taxes included; b) That the Mayor and Common Clerk be authorized to execute the Consulting Engineenng Agreement. 119 169 M & C 2014 — 201 November 17, 2014 Page 4 Mark Reade, P.Eng., MCIP, RP`P Senior Planner, Growth & Community, Development Services Timothy D. O'Reilly, P.Eng., M.Sc.E, Traffic Engineer, Transportation and Environment Services �VIW-X� Wm,, Edwards, P'.Eng, Commissioner 'Transportation & Environment '6 ...... . . Jacqueline Hamilton, MURT, MCIP, RPP Commissioner, Growth & Community Development Services trick Woods, CGA cl Manager 120 170 1 _ Nimi � \ /w \ r w..� ^». � » «� �: 6� \ ���\} � �{ �\ ' � � �\� \«{ >�/° § : � ��� � \ \ � \ : � \ �\ : � \ \ 2 \� \ \ \!� � � yy �:� � §; � � � � & \» �» ^ �� � / / $ \ . � �� : ; � � <, ,. � ' : � � � \:\ � \:f . . � � , :. ^ §; � � � � z, � ` � ( r 0 0 ry tLo tLo Uj L u, call iiiiiimx`�4 wmmm MEMO 0 wool ; ;;;04 L,) �Ln L u, 2 iiiiiimx`�4 I I wamm� :E a N 4� 4=J � O 4=J (1) %k, Il • N z • i O (n VAdW SOOO 4=J Q � N}, M p (� N C)) N OO i • • • a � a � (n 0 0 4mJ V 4=J 011L 4� N 0 •� •� LU f� L f� 0 L C: 0 •� ,r�"�ryyyr rIN;✓S,xI�YlM//�� '`AA Pi ti a a a a r -I r**4 (Y) I;t U � 0 u J hum". COUNCIL REPORT M&C No. 2017-57 Report Date March 06, 2017 Meeting Date March 20, 2017 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Engineering Inspection Services 2017 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 Brent McGovern/Brian Keenan Jeff Trail RECOMMENDATION It is recommended that Common Council authorize staff to establish supply agreements with the seven consulting firms noted below, at the hourly rates provided in this report totaling $435,000 plus HST for the provision of engineering inspection services for 2017 Capital Program projects. EXECUTIVE SUMMARY The purpose of this report is to have Common Council authorize staff to establish supply agreements totaling $435,000 plus HST for the provision of engineering inspection services. PREVIOUS RESOLUTION November 14, 2016; 2017 Water & Sewerage Utility Fund Capital Program Approved. November 28, 2016; 2017 General Fund Capital Program Approved. March 6, 2017; 2017 Water & Sewerage Utility Fund and General Fund (Transportation & Storm Categories) Capital Program Adjustments 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. `11106%, -2 - REPORT Common Council has approved the 2017 Water & Sewerage Utility Fund Capital Program consisting of 32 projects totaling $14,605,000 and the 2017 General Fund (Storm & Transportation) Capital Program consisting of 14 projects totaling $7,776,250. A portion of the projects in the 2017 Capital Programs are being designed "in- house" and will require engineering inspection services during construction. There will be a requirement to provide engineering inspection for approximately 15 "in-house" designed projects during the 2017 construction season. This is based upon a forecast of staff resource availability and capital project demand. Please note that staff resources will be fully exhausted and committed before seeking the use of external resources. Therefore, in order to ensure that adequate engineering inspection resources are available to the City for the approved Capital Program projects, staff have issued a Request for Proposal (RFP) for engineering inspection services. The RFP was issued to eight local consulting firms that have the appropriate resources on staff capable of providing engineering inspection services on municipal type projects. Seven firms have submitted proposals in response to the RFP, providing resumes for inspection resources including hourly rates. The seven firms that replied were: • Crandall Engineering Ltd. • CBCL Limited • Dillon Consulting Limited • GEMTEC Limited • WSP Canada Inc. • Stantec Consulting Ltd. • Brunswick Engineering & Consulting Inc. No single firm has the resources in place to provide all the required engineering inspection services. The hourly rates submitted by the consultants with their proposals were similar so staff averaged the rates and established one hourly rate for each of the three levels of inspectors — Junior, Intermediate and Senior — as follows: Junior Inspector - $72 Intermediate Inspector - $82 Senior Inspector - $93 `&ON -3 - The hourly rates include all miscellaneous expenses (car, cellular telephone, digital camera, etc.) and do not include H.S.T. All seven engineering firms have confirmed they are in agreement with the above rates. The City will determine the appropriate level of inspector required for a given project and then request the engineering inspection services from the seven consulting firms on a rotational basis. SERVICE AND FINANCIAL OUTCOMES The total overall cost for engineering inspection services for 2017 is difficult to predict as there are a number of variables; most significant of which is how many contractors and the number of construction crews that will be working at a given time period. 2017 is a particularly busy construction year due to the Funding awarded under the Clean Water Wastewater Fund. Staff has estimated the overall value of the engineering inspection services for 2017 to be approximately $435,000 plus 15% H.S.T. Funds to cover the cost of the engineering inspection service are included in the approved 2017 Capital Program project budgets. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Request for Proposal document and this report have been reviewed with the City's Materials Management Department and they support the recommendation being put forth. ATTACHMENTS IReM12 `SLI March 13, 2017 Mr. Jeff Trail, ChyK4amo0er City ofSaint John 15Market Square P(}Box 1971 Saint John, New Brunswick E2L4L1 TLAIMUNIam; New Brunswick Power's Point Lepreau Nuclear Generating Station has been proudly producing safe, reliable electricity for the people of our province for more than three decades. in fact, about one third of the province's electricity is generated at the Point Lepream station, While nuclear power isatechnical business, itisone that relies umthe commitment ofpeople tobe successful. This includes our station leaders, our 800 -plus employees, contractors and our community partners who work with us on many initiatives from emergency preparedness to environmental projects around the station and in the neighbouring regions, We are grateful for this strong community support and collaboration. |mthe City ofSaint John, these partners include community leaders involved hnsocial and environmental initiatives as well as Point Lepreau's skilled workers who share their pride and commitment for operational exceNemoeinthe work they doevery day. A nuclear Station provides electricity. It also provides excellent knowledge -sector jobs, contributes to the local economy and creates opportunities for environmental, social and educational initiatives in the surrounding communities. The station's regularfive-year license is due for renewal inJune 2O17.The review process bunderway by the Canadian Nuclear Safety Commission (CNSC), the federal regulator for nuclear operations in Canada. CNSC staff members are also present on the Point Lepreau site year round and provide us regular feedback and evaluation. Last summer, the CNSC confirmed the strength of our operations in its yearly industry report, where it stated the Station meets all safety expectations. Nothing bmore important tousthan the safety ufour Station, employees, the environment and the surrounding communities, As outlined in our presentation and Station to,ur on August 23, 2016, Point Lepreau has several initiatives to ensure safe operations and robust emergency planning. VVevalue our on-going partnership with the City nfSaint John in providing back-up fire protection services for the Station. As part ofthe licence renewal process, the CNSCwelcomes submissions from communities and stakeholders associated with the station. VVeinvite the Mayor and Council tnparticipate inthe licence renewal process by providing written submission tothe CNS[by KHonch 27, 2017 and an oral Point Lepreau Generating Station, P.O.Box 600, LeuremummEB2m Pa8elo[2 111106191 presentation by His Worship Don Darling to be delivered during the hearing in Saint John, NBon May 10 or11,2Q17. The submission must be filed with the Commission Secretariat by March 27, 2017 via Email: ATTENTION: Senior Tribunal Officer, Secretariat Canadian Nuclear Safety Commission 280Slater Street, P.O.Box 1O4G, Station 8Ottawa, ON KlP55B Tel: G13-99G-9OG]or1-800-6G8-5Z84Fax: G13-995-SOQG Pursuant tothe Canadian Nuclear Safety Commission Rules ofProcedure, the request tointervene must include the following information: awritten submission ofthe comments 1obepresented tothe Commission a statement setting out whether the requester wishes to intervene by way of written submission only nrbvway ofwritten submission and oral presentation 3. the requester's name, address and telephone number The people and council ofthe City ofSaint John have been valued partners and neighbour for the Point Lepreau Nuclear Generating Station. Thank you for your consideration of this matter. Best Regards, Kathleen Duguay Manager, Community Affairs and Nuclear Regulatory Protocol NB Power- Point Lepreau Nuclear Generating Station 5066478057 Point LeomauNuclear Generating Station, P.O. Box 600uep,eam mBBa2as Page 2 of 2 03/13/2017 11:38 FAX 5106 634 7099 Worker Appeal 0001/0002 OW �Wo r, ke r AD-ag-A, I R - S er V Im"s 24-J,<4W,tA.1YS. elouttF. -Sainf John, New Brunswick E,2fc #&a Tel: 506 635 0391 - Fox., 506 634 70!99 Via Fax # 632 6120 March 13, 20,17 His Worship Mayor Don Darling and Members of Common Council P.O. Box 1.971 Saint John, NR E2L.4L4 Dear Mayor Darling and Councilors Re: Saint John Labour Community Services/Worker. Appeal Services May Day Fundraiser Dinner 20,17 On Monday May 1, 2017 Saint John Labour Community Services Inc,, publicly known as Worker Appeal Services, will, be holding a fundraiser, its tenth annual May Day Dinner. The event is being held with the support of the Saint John & District Labour Council as a celebration of May Day and its historic significance for workers throughout the province. The proceeds from last years event once again proved critical to this agency being able to continue its mandate to assist injured, disabled and unemployed workers obtain benefits they were denied by Worksafe N.B., Employment Insurance and CPPD Government agencies. The success we have had for those workers has again resulted in hundreds of thousands of dollars being made available to those " worker's families over the last year and therefore into our community. Our agency's core funding was terminated in February 2015 and the success of our fundraising dinner is even more critical to our ability to. continue, Tickets are still $ 1010.00 each or $700.00 for a table of eight, The City has supported us nearly every year and it is greatly appreciated. The event is again being held at the Lily Lake Pavilion. It will be a lobster dinner (steak for those who wish) followed by the keynote address to be given by Elizabeth Weir. We enclose a poster of the event. Please support our work with injured workers by purchasing tickets, or a table once.again this year. To order yours please call me at 635 — 0391. 0 Ido f?'Y E.�R�alala Executive Director SupptNd by e A IKIIT Ir Ud l 03/4.3/20:1.7 14:39 FAX 506 634 7099 Worker Appeal. i 0002/0002 j % 0 6 at Uly Lake # r Reception 1 � /ai / iA / %/ fY r f � i., i 1 � r r r / � .. c i *i rfi l Dinner / a, r u a Income Tax Receipt available Mi port,ion of the ticket `P111.3 COUNCIL REPORT M&C No. M&C 2017-70 Report Date March 15, 2017 Meeting Date March 20, 2017 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Provincial Funding for West Side Splash Pad OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Lori Lambert and Tim O'Reilly Tim O'Reilly for Michael Hugenholtz Jeff Trail EXECUTIVE SUMMARY Common Council approved that construction of a splash pad on Market Place West beside the Carleton Community Centre be considered a "contingent" project in the amount of $250,000 as part of the 2017 General Fund Capital Program, pending the remaining funds are raised. With any "contingent" project, Common Council did not commit the funding as part of the overall 2017 Capital envelope, requiring Council to consider approving the project spending at a later time. A preliminary design and cost estimate for the project is complete. The current cost estimate for detailed design, construction and construction management is $625,000 + HST ($652,000 with the unrecoverable portion of the HST). An ad-hoc neighbourhood committee has been spearheading the splash pad project. Part of their mandate has been to seek community funding partners for the project. Thus far they have secured $100,000 in corporate funding, equally from the Port of Saint John and DP World. Requests from additional corporate sponsors are currently being considered. In discussions with committee representatives, the Provincial Regional Development Corporation (RDC) has indicated that funding is available for this project. RDC has recently funded a splash pad in Fredericton at $1M and in Campbellton at $250,000. RDC was a major funder of the Fleming Court Splash Pad located in Crescent Valley. `Pl%7 -2 - In order to be considered for funding, a proposal must be submitted by the City of Saint John requesting $250,000 accompanied by a letter indicating support for the project, the resolution passed that confirms the City's $250,000 investment (contingent upon securing the additional funding), the architect's estimate and letters from corporate sponsors (Port SJ, DP World). Council's adoption of the recommended resolution of this report, including approving the Mayor to sign the attached letter, is required to support this funding request. Staff would prepare the rest of the package including finalizing the funding proposal (also attached). Suggested Factors in Council's Consideration of a Resolution: Alignment with PIaySJ — Market Place West is identified as a District recreation facility in PIaySJ where investment is encouraged. PIaySJ promotes co -location of recreation assets and the splash pad would be adjacent to a community centre, playground, ball field and community garden among other amenities. Although a splash pad at Market Place West is not specifically identified as a priority in PIaySJ, this type of Capital investment is supported. Community Commitment and Support —There is strong community commitment and support for the Market Place West Splash Pad project. There is a Master Plan for the Market Place West recreation facility that was created in part through neighbourhood consultation and the splash pad was incorporated into this Master Plan. There is a dedicated committee that has been working hard on this project. Corporate partners of the Port of Saint John and DP World have demonstrated their financial commitment to the project. Serving a Priority Neighbourhood — Lower West is one of five Priority Neighbourhoods in the City. This splash pad would be constructed in and serve this priority neighbourhood. Council's Provincial and Federal Funding Priorities - Common Council has previously identified its priorities for seeking Provincial and Federal Capital funding and the Market Place West Splash Pad Project is not one of these priorities. This project would be funded from the RDC's 2017-2018 fiscal budget. The RDC has confirmed requesting funds for this project will not jeopardize other current City applications but the same guarantee cannot be said for future projects. By requesting RDC funding for this project at this time there is a risk of not acquiring RDC funding for higher priority projects Council may choose to focus on of the Province's 2017-2018 fiscal year. Staff are concerned that Council has not been able to fully revisit their list of priority projects before considering the application for this specific splash pad project. Asset Management — Council recently approved an Asset Management Policy that compels Council to consider asset investments from a lifecycle cost perspective. Lifecycle costs beyond the Capital investment to construct the 180191 -3 - splash pad are required to manage this new recreation asset. The total average annual cost for this splash pad including, financing, operating/ maintenance and depreciation would be approximately $52,000.00 per year over the 15 year debt payback period, which would be new operating budget commitments. It is important to note that other PlaySJ initiatives are mitigating asset lifecycle cost commitments; the rationalization of City ball fields and playgrounds are reducing infrastructure deficits and co -location of facilities at Regional and District recreation facilities are reducing time spent travelling by maintenance crews. Other Future Recreation and City Capital Investments — Other Capital investments in recreation facilities will either be required in the future or have been previously suggested. These include replacement of the City's four aging arenas within the next 10 years or so, continued investment at the Canada Games Aquatic Centre and other developed regional or district master plans including at Rockwood Park, Rainbow Park, Shamrock Park, Dominion Park, and Harbour Passage. The City's Capital spending needs to be limited to control debt; the City's Capital spending on this splash pad project would take the place of spending on these recreation projects or other City Capital priorities. There is a current backlog of approximately $40 million in capital expenditure requests deferred as part of the 2017 capital budget. Unconfirmed Project Funding — Approximately $50,000 of funding necessary to complete the project remains unconfirmed after the corporate, City, RDC funding and fundraising efforts have been accounted for. This funding must be secured before the construction tender is advertised and therefore there remains uncertainty regarding project timelines. Uncertainty of Tender Cost —The market of contractors available to construct splash pads is relatively small, in the range of 2-3. With this small market comes some uncertainty as to the tendered prices that may be received. In the case of the Rainbow Park Splash Pad, the initial tender price was much greater than the project estimate and the project was retendered together with the Fleming Court Splash Pad. The risk of cost overruns would be borne by the City. Return on Investment —There are social benefits of a splash pad on Market Place West through improved access to recreation for a Priority Neighbourhood with transportation challenges, albeit difficult to measure. The investment would also compliment the City's recent investments in the adjacent Carleton Community Centre. There are no counts on how many residents use the existing Rainbow Park or Fleming Court splash pads to quantify the demand. A short "summer" season and inclement weather limits the number of days an outdoor aquatic facility would be used; assuming 60 usable days, the lifecycle cost per usable day of the splash pad would be approximately $867.00 over the 15 year debt payback period. PREVIOUS RESOLUTION Wel -4 - The following resolution was adopted by Common Council in December 2017: Moved by Councillor Merrithew, seconded by Councillor Norton: RESOLVED that as recommended by the City Manager in the submitted report M&C 2016-287:2017 General Capital Budget, Common Council approve the 2017 General Capital Budget in the amount of $22,410,250 (gross) with contributions from other sources of $12,237,750 yielding a net Capital budget in the amount of $10,172,500 (net) as set in Exhibit 1; and further, the West Side Splash Pad be added on the 2017 Capital Budget contingency list for the amount of $250,000, contingent on matching funds of $250,000 being raised. STRATEGIC ALIGNMENT Construction of the Market Place West Splash Pad supports Investment in recreation experiences that create a sense of community pride. Considering lifecycle cost implications, limits on Capital spending and prioritizing investments as detailed in this report demonstrates commitment to asset management, fiscal responsibility and strategic investment decisions. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Staff from Finance and Administrative Services provided input to this report. ATTACHMENTS Letter from the City of Saint John indicating support for the project Funding Proposal to RDC WIN March 16, 2017 His Worship Mayor Don Darling and City of Saint John Common Council Members City of Saint John 15 Market Square PO Box 1971 Saint John, New Brunswick E21-41-1 Re: Request for council support to release contingent funds for the Carleton Community Splash Pad to capital and endorsement of RDC proposal. Dear Mayor Darling and Council Members, I am writing on behalf of the West Side Community Partnership requesting that this letter be submitted for consideration and added to the March 20th council agenda. As you are aware, our committee has been working diligently over the past several months to secure funding that will allow for the construction and completion of the long awaited Carleton Community Splash Pad. This project has been a desire of West Side residents for the past five years and we are so very pleased that we have been successful in gaining corporate support in the amount of $100,000, with the potential for more sponsorship with the city's endorsement. Please understand that this neighbourhood has lost their elementary school (St Patrick's) and two playgrounds (St Patrick's and King Square West), during these past five years and that this splash pad is much needed and much wanted by the community. This initiative aligns with PlaySJ in that it reinvests in a district playground that will serve a broader population. Given the evidence of matched funds that were contingent on the city's $250,000 investment, the West Side Community Partners request that common council approve the city's commitment as a capital expense in order to meet a 2017 project completion. We are asking city staff to submit the splash pad funding proposal to the Regional Development Corporation, accompanied by a signed letter of support from the mayor. Urgency of the request for approval is to meet a 2017 construction timeline and to secure the corporate funding that is allocated from their 2017 calendar year. Thank you for your consideration in this matter. Sincerely, Jill Roberts RN BN, on behalf of the West Side Community Partnership Jill. Roberts gHOrizonNB.Ca `IN FundingProposal Market Place Splash Pad Project 3/21/2017 City of Saint John ( 4-)"- SAINTJOHII Funding Proposal fwf Market Place Splash Pad Saint John, New Brunswick The City of Saint John is seeking provincial funding support to construct a splash pad in the City's lower west side. This significant capital project will serve to provide accessible recreational opportunity for residents of the community and its neighbours. The scope of work includes the waterlines and drainage infrastructure, electrical, concrete pad, base, a service facility, equipment and installation, signage and landscaping. The splash pad will echo the size and playability of Flemming Court Splash Pad located in the Saint John's north end. The anticipated realisation of this project would not be possible without acknowledging the tremendous support of the local community. While the land and project are owned by the City of Saint John, fundraising efforts were spearheaded by local stakeholders. The West Side Community Partnership is a committee that brings together the various community organizations and service providers of the Lower West Side. The committee meets regularly to share information and resources, and to forge partnerships in order to enhance the delivery of programs and services to meet the needs of lower west side residents. They are the eyes and ears of the community and have direct daily contact with residents. K - Jill Roberts, Market Place Wellness Centre, Horizon Health I Carleton Community Garden Krista Turnbull, St. Patrick's School Shelley Scott, West Side Food Bank Julie Baribault, Westside P.A.C.T. David O'Toole, Carleton Community Centre Advisory Board my T �-#IITTTM Councillor Gerry Lowe, City of Saint John Chuck Edison, Carleton Community Centre, City of Saint John Lori Lambert, Parks & Recreation, City of Saint John SAINT JOHN Market Place Splash Pad Project I City of Saint John I Saint John, New Brunswick 205 The Lower West Side, also known as Carleton, is one of five Priority Neighbourhoods in Saint John. With Saint John identified as the second poorest city in Canada, 33% of the community lives in poverty. Many are single -parent families who struggle with food security, poor health, lack of education, unemployment and challenges with transportation. With the goal of improving quality of life for residents and revitalizing the neighbourhood, a conceptual plan for Market Place was unveiled in 2010 based on community input. The plan's vision was the full use of Market Place land for recreation, including a new playground, outdoor fitness equipment, a skate park, and a volleyball court, with elements of Harbour Passage tied into the design features. Following the installation of splash pads in other Priority Neighbourhoods in Saint John (lower South End, North End), Market Place plans were revised to accommodate a splash pad in a future phase of the project. In 2012, during the construction of Phase 1, the land was excavated, an engineered fill base laid, piping and draining, and concrete retaining wall blocks were installed. 7=7 Built on a steep hill and surrounded on three sides by the Saint John Harbour, residents of Carleton greatly rely on Market Place for the recreational and wellness needs. The ultimate goal of the Market Place Splash Pad is to bring the cottage and beach to residents who otherwise do not have the means to access these summer recreation destinations. Approximately two hundred neighbourhood children ages 5-12 attend St. Patrick's School. In September 2017, these children will join the newly constructed school in neighbouring Fundy Heights with an anticipated population of nearly five hundred. Not only will the splash pad provide accessible recreation opportunities for lower west side residents, it will serve as an attraction to bring hundreds of Saint John residents and visitors to the area. Splash Pad Benefits Q Provides opportunity for safe, active outdoor play for all ages and abilities. Q Supports Saint John's Community Vision to revitalize priority neighbourhoods. Q Aligns with Common Council priorities to invest in recreational experiences that create a sense of community pride. Q Overcomes transportation barrier for families to access to a free enjoyable entertainment attraction. Q Enhances existing assets and positions Market Place to become the hub of recreation and wellness in the west side Q Aligns with PlaySJ to develop district parks for recreation. Q Serves as a lure to access other programs and services offered in the area. Q Stimulates more investment in the area. SAINT JOHN Market Place Splash Pad Project I City of Saint John I Saint John, New Brunswick 206 The cost of the Market Place Splash Pad Project is estimated at $652,000 (incl HST). A complete detailed report provided by the Glenn Group Ltd. is attached (see APPENDIX C). The City of Saint John is requesting that the Regional Development Corporation match the City's commitment. Additional funds by way of corporate sponsors and fundraising activities have been raised due to the efforts of the West Side Community Partnership. Revenue Sources City of Saint John (applicant) $250,000 Regional Development Corporation $250,000 Corporate Sponsor: Port of Saint John $50,000 Corporate Sponsor: dp World $50,000 Corporate Sponsor (unconfirmed) $50,000 Fundraising activities ($1000 raised to date) $2,000 TOTAL $652,000 April 2017 — October 2017 Pending the immediate approval of funding, the timeline aims to have construction completed by the end of October 2017 before weather prohibits work. This would mean the preparation of tendering documents would begin in April. III L III IIIII� I III ulll III IIII)I IIII��II�II 1 2 3 44 1 2 3 4 1 2 3 44 1 2 3 44 1 2 3 44 5 1 2 3 44 1 2 3 44 Tender documents Bridget rev�ewvws Tender Award Coo-nstructuon SAINT JOHN Market Place Splash Pad Project I City of Saint John I Saint John, New Brunswick 207 w w w Ms. Lori Lambert Community Liaison City of Saint John Email: lori.lambert@saintjohn.ca Telephone: (506) 658-4521 Mailing Address: Physical Address: Parks & Recreation 171 Adelaide Street City of Saint John Saint John, NB E2K 1W9 PO Box 1971 Saint John, NB E21- 41-1 SAINT JOHN Market Place Splash Pad Project I City of Saint John I Saint John, New Brunswick 208 CO3 coo COD All" c ,Mora wa MMMA 91. :z IS A In i Class C Opinion of Probable Cost 22 -Nov -12 Demolition Site Work 0�1 Prepared By: Glenn Group Ltd. Rough Grading 700 mz $ 3.00 $ 2,100.00 Finish Grading 700 mz $ 5.00 $ 3,500.00 Cut Unsuitable Materials 650 m3 $ 20.00 $ 13,000.00 Gravel Sub Base (1 Meter Rip Rap) 309 mz $ 30.00 $ 9,268.23 Landscaping Topsoil -Sod 1035 mz $ 10.00 $ 10,350.00 Planting - Soil 20 m3 $ 30.00 $ 600.00 Mulch 10 m3 $ 25.00 $ 250.00 Shrubs 3 each $ 100.00 $ 300.00 Perennials 30 each $ 30.00 $ 900.00 Benches 5 each $ 2,500.00 $ 12,500.00 Concrete Sidewalk 8.5 mz $ 70.00 $ 595.00 Retaining Wall 12 mz $ 650.00 $ 7,800.00 Retaining Wall Base & Drainage 1 each $ 1,500.00 $ 1,500.00 Retaining wall steps 1 each $ 2,500.00 $ 5,000.00 Splash Pad Waterline 38.5 I'm. $ 130.00 $ 5,005.00 Waterline Connection 1 each $ 500.00 $ 500.00 Backflow Preventer 1 each $ 2,500.00 $ 2,500.00 CID Connection 1 Lump $ 1,000.00 $ 1,000.00 Storm Line 50 Lm. $ 120.00 $ 6,000.00 Equipment 1 Lump $ 300,000.00 $ 300,000.00 Water Tank 1 Lump $ 20,000.00 $ 20,000.00 Reinforced Coloured Concrete Pad & Equipment Install 289 mz $ 300.00 $ 86,700.00 Concrete Pad Perimeter 204 mz $ 60.00 $ 12,240.00 Concrete Pad Insulation 485 mz $ 20.00 $ 9,700.00 Gravel Base (0.15) 43 mz $ 40.00 $ 1,734.00 Service Building Building w deck 275 sf $ 175.00 $ 48,125.00 Electrical Drop 1 ea. $ 2,500.00 $ 2,500.00 Security Upgrades 1 ea. $ 2,500.00 $ 2,500.00 Contingency 10% $ 56,616.72 Subtotal $ 622,783.95 12% Contractor Ad min./Markup Etc. $ 74,734.07 Subtotal $ 697,518.03 10% Consulting Fees $ 69,751.80 Testing and Inspection $ 2,500.00 15% HST $ 90,677.34 I y SAINT JOHN Market Place Splash Pad Project I City of Saint John I Saint John, New Brunswick 210 APPENDIX C — ESTIMATE B (revised estimate with cost saving alternatives to reflect project budget) .............. Class C Cost Estimate with Optional Budget reduction measures 22 -Nov -12 Or, I '( , rpl@111011" Prepared By: Glenn Group Ltd. OPTION A - REMOVE FEATURES Landscaping Removal of Planting 1 Lump Sum 1,250.00 1,250.00 Removal of Benches S Ea. 2,500.00 12,50D,00 Splash Pad Equipment Removal of Octopus or Lighthouse Features 1 Lump Sum 9,500.00 $ 9,500,00 Removal of WaterJourney Feature 1 Lump Sum 50,000.00 50,000.00 Removal of Luminary Spray Features 1 1 Lump Sum $ 14,500.00 14,500.00 Reduction of Pad size by 10% 1 Lump Sum 10,000.00 10,000.00 Removal of Concrete Colouring and Design 1 Lump Sum ID,000.00 $ 10,OOD.00 Service Building Remove Security System 1 ca. 2,500.00 $ 2,500.00 Contingenry 40% 5 45,894.72 Subtotal $ 95 12% Contractor Admin /Markup Etc 60,57707 Subtotal 565,38603 IY, Consulting Foes 56,54860 Testing and lnspectian is 2,50000 OPTION B WATER TREATMENT REMOVAL Landscaping Removal of Planting 1 Lump Sum 1,250.00 $ 1,250,00 Removal of Benches 5 Ea. $ 2,500.00 $ 12,50D,00 Splash Pad Equipment Removal of Water Treatment System 1 Lump Sum $ 5D,000.00 $ 50,OOD.00 Removal of Octopus or Lighthouse Features 1 Lump Sum $ 9,500.00 $ 9,50D.00 Removal of Luminary Spray Features 1 Lump Sum $ 14,500.00 $ 14,500,00 Reduction of Pad size by 10% 1 Lump Sum $ 10,000.00 $ 10,000,00 Removal of Concrete Colouring and Design 1 Lump Sum $ ID,000.00 $ 10,OOD.00 Service Building Remove Security System 1 ca. $ 2,500.00 $ 2,50D.00 Coatinq6OCY10% 45,891,72 Subtotal 504,3618 95 12% Contractor Admip 1Mnrk.p Etc 60,57707 Subtotal 565,38603 I0% Consulting Fees 56,53860 Testing and Inspection 2,5616100 SAINT JOHN Market Place Splash Pad Project I City of Saint John I Saint John, New Brunswick 211 Port, Saint John December 21, 2016 West Side Community Partnership c/o Chuck Edison & Jill Roberts Carleton, Community Centre QZMarket Place Dear Mr. Edison and Ms. Roberts, Thank you for the recent meetings with our team inwhich you and your colleagues hmthe West Side Community Partnership outlined the proposal to have a splash pad/water park created at the Carleton Community Centre at Market Place. VVewere touched bythe dedication ofyour group and your goal tnprovide opportunities for the neighborhood nfthe West Side and weappreciate that the need for both government and corporate funding support isgenuine. VYeare pleased inadvise, that our Board ofDirectors has approved funding huthe 2U27calendar year ut $50,000 for the splash pad/water playground project at the Carleton Commumity Centre on Market Place. This funding is contingent on the West Side Community Partnership securing the remaining amount required for the project. VVelook forward tmthe positive outcome ofthis project and wewill beready tudiscuss any publicity opportunities when the time arises. With respect toany future publicity opportunities, please coordinate with Paula Copeland at (506) 650-5288 or Philip Brower Jim Board Chair President & CEO n,'"uc Water smPe^saA*John, wP. w/Nouvpm� ffi unswvk c==h ER OB I PA N 'll 0 February 27, 2017 West Side Community Partnership c/o Jill Roberts By email: Jill.Roberts@HorizonNB.ca Dear Jill: As previously discussed on the telephone, please accept this letter as confirmation of a $50,000 commitment towards the West Side Splash Pad Project by our partner DP World Saint John. As with the Port Saint John funding commitment ($50,000), this DP World Saint John commitment is contingent upon all other funding being secured. We hope that this will help make this a reality in 2017 and we look forward to moving forward with the project. Sincerely, Manager of Corporate Communications & Governance Port Saint John JI,Im i'v IN(, v m14i iw,vdirK 1 mwdY I'.)I Ob! a, I C,[,,, ,.'l r, r 5v, 114 F S p P G6 t,%'IDM PA 191 Mayor Don Darling Mayor's Office Bureau de maire Ms. Lisa Hay-Busson Project Development Officer Regional Development Corporation Chancery Place PO Box 6000 Fredericton NB E313 1G1 March 21, 2017 Dear Ms. Hay-Busson, I am writing to confirm the support of the City of Saint John and Saint John Common Council for the Market Place Splash Pad Project. Enclosed you will find a detailed funding request to the Regional Development Corporation's Strategic Projects Fund. The total cost of the project is estimated at $652,000, including HST. Saint John Common Council is pleased to commit $250,000 and is requesting RDC match that commitment. The splash pad has been the desire of the lower west side community since 2012. It is a part of the master plan developed for Market Place West and aligns with PlaySJ, the City of Saint John's Parks and Recreation Strategic Plan. Considering these factors and the cost-sharing opportunity that presents itself, Common Council felt the time was right to devote capital funds for this project. Much credit must go to a grass roots committee, the West Side Community Partnership, who took it upon themselves to gain community and corporate support for this project. This is a neighbourhood that faces significant poverty -related challenges, including the means to access recreation assets outside of the area. Nearly five hundred children will attend the new elementary school nearby in September 2017. There is no doubt that a splash pad in the area will enhance the quality of life of many residents of the lower west side and its neighbouring communities. Thank you for considering this request. I hope that the attached proposal demonstrates the merits of this project and that RDC will chose to support it in the same capacity as the City of Saint John. Sincerely, Don Darling Mayor P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Can PAE1 On behalf of 527 Simonds Squadron Royal Canadian Air Cadets, I am writing to ask if you would present Bronze Duke of Edinburgh Awards to five of our cadets during the April 3rd Council Meeting. The cadets who have achieved their Bronze Awards are: Flight Sergeant Ethan Wilson Sergeant Devin Debly Sergeant Adam Hargrove Sergeant Devon Richard Flight Corporal Megan Costain The Bronze Duke of Edinburgh Award is the first of three levels of the International Award Program developed by Prince Charles the Duke of Edinburgh. The Bronze Award takes a minimum of six months commitment to a Service, a Skill, Physical Fitness, as well as participation !in an Adventurous Journey. The cadets range in age from 14 to 18 years of age. We are proud of their accomplishment and would be very pleased if you could present these awards to them. Lt. Lorna Hargrove 527 Simonds Squadron PhN'7 The City of swat John March 20, 2017 Deputy Mayor and Councillors Subject: Insurance Services The Committee of the Whole, having met on March 20, 2017, made the following recommendation: RESOLVED that as recommended by the Committee of the Whole, having met on March 20th, 2017, Common Council adopt the following: 1. That the official Agent of Record be changed to JM & CW IHlope Grant Ltd. effective April 1, 2017; 2. Issue payment to BFL Canada in the amount of $798,285 for insurance premiums; and, 3. The Agency Fee of $25,400 be split between Hub International Atlantic Limited and JM & CW Hope Grant Ltd. in the amount of $6,350 payable to Hub International Atlantic Limited and $19,050 payable to JM & CW Hope Grant Ltd. Sincerely, n J, y° °74 & DINT rho i,'I FIS.). Box 10711 wird �bkff' IJ"! + ati a"i"� ",jl 4t I u; nH 111171[ °„ gut I��='louu� Ir"J, h' 1�'w`. t4 1 21� r AI t 1111je Uty of Sam John March 20, 2017 Deputy Mayor and Councillors Subject: Saint John Energy Optimization The Committee of the Whole, having met on March 20, 2017, made the following recommendation: RESOLVED that as recommended by the Committee of the Whole, having met on March 20th 2017, Common Council adopt the following resolution: RESOLVED that: The Power Commission of The City of Saint John, doing business as Saint John Energy (SIE) be requested to undertake due diligence inquiries on behalf of the City with respect to potential initiatives for revenue generation associated with electric power, which might come to its attention from time to time, with such due diligence to proceed with the assistance of such municipal officers and employees as the City sees fit; and further SJE report to the City in a timely manner as material information respecting such potential initiatives or the results of the aforesaid inquiries is available. Sincerely, '�JOHN R 0. Box 1I9,�11hiiti �JoIII'in, IkNAII3 ¢. 'niachIIE'21- Z�� �� a�,�,��P�����s���i�.g���b��r� �,,� � �(` I '119,71 5,diit tio,hiro II���. "x @ (-'ai ostia [21 J March 20, 2017 Deputy Mayor and Councillors Subject: Letter of Support for Extended Hours for Local Bars The Committee of the Whole, having met on March 20, 2017, made the following recommendation: RESOLVED that as recommended by the Committee of the Whole, having met on March 20th, 2017, Common Council authorize the City to provide a letter of support for an extended hours licence as referenced in the Liquor Control Act to allow active licensees in good standing to extend hours of service until 3 a. m. during the East Coast Music Awards from April 26 to 30, 2017. Sincerely, Don Darling Mayor A r�� VRo Box 1 '7'1.E<<Rnt'f'on 111NIVI� ("u iw"Aa ["I V, w{uvvv, """no n' I P 110/1'Pk Sr""nIH'i ija4'u�¢6 c� Ir;. k L "11..24,A 218 7he City of SaWt John March 20, 2017 Deputy Mayor and Councillors Subject: Letter of Support for ACOA Funding for New Boardwalk Stage The Committee of the Whole, having met on March20, 2017, made the following recommendation: RESOLVED that as recommended by the Committee of the Whole, having met on March 20th 2017, Common Council send a letter of support for the application to ACOA for funding for a new stage at the Market Square Boardwalk. Sincerely, k7Of"4 a 'v?'uU`�.�"r'Ik v.�i�i� �'?��IIYI,°II�G ;ti W °U R �Fw°,''' . ° p ,.-�„� o�„ �'sY IES �� yl4�:'II �u� Q ou �ouA �� �� �� 216 March 20, 2017 City of Saint John 15 Market Square Saint John N.B. E2L 4L 1 c � RIC1'4AR 2 (3, 01? Attention: The Honourable Don Darling and Members of City of Saint John Council Dear Mayor Darling and the Members of City Council: Please accept this as an update and subsequent request to present this information regarding the Canada 150 Infrastructure Program partnership for the community waterfront stage refurbishment. The North Market Wharf Cultural Association (non-profit organization) proudly hosts signature festivals and events free of charge and open to the public. As the venue for over a hundred festivals and events throughout the year, daily programming throughout the summer season, and the upcoming Canada 150 celebrations, this outdoor, waterfront stage is the heart of the community. With the Boardwalk stage quickly approaching its eighteenth season, the current infrastructure is far past its usability-. Minor fixes and adjustments are no longer enough for this landmark to maintain its reputation and surpass the expectations of the thousands of tourists and locals, year after year. With the support of the City of Saint John as a co -applicant for ACOA funding, the Boardwalk stage will receive not only a much needed upgrade structurally, but also cosmetically. This will act as a major catalyst to maintain momentum and continue the journey to excellence in programming goals. Attached is a quote provided by Avant Garde Construction to replace the existing stage as well as additional information regarding the upgrade of sound and electrical equipment; the necessary pieces required to achieve the goals outlined above. One Market Square Saint John N.B. E2L 4Z6 PIXI7 Should any additional information be required, please do not hesitate to contact the North Market Wharf Cultural Association at your earliest convenience. Please note that this matter is of an urgent nature as ACOA is quickly approaching the final stages of funding allocation. Yours Truly, No rtl 5 . ket Wharf Cultural Association a 6 Stephany Peterson Arts+Culture Director cc: North Market Wharf Cultural Association Board of Directors Peter Stoddart Chris Grannan Matt Costain Phil Croft Corey McGill Lori Cleveland cc: Heather Peterson, Regional Property Manager, The Hardman Group Limited Colin Whitcomb, Executive Vice President, The Hardman Group Limited One Market Square Saint John N.B. E2L 4Z6 221 `Ik\\ Construction and Management Inc, D te: January 2017 roje : Boardwalk Stage CH_nt : North Market Wharf Cultural Association Avant -Garde Job ;i: E-2328 7i rylq� SCOPE , E...... k T _u OUTLINE SCOPE OF WORK Removal of the existing boardwalk stage and supply and installation of a new one to the National Building Code of Canada. Division 1: General Conditions 1. Supervision and project management 2. Building permit obtained by Avant -Garde I WorkSafe and general liability insurance 4. Safety and temporary barricades 5. Periodic and final cleaning and trash removal Division 2: Demolition 6. Demolition and removal from site of the entire wood structure i<�nsi.O,n, fi ,'Ncad a.ry c rngn 7. Supply and installation of identical size wood structure with stairs and landing at the exit door and re -using the existing steel beam Division 7: Roofing 8. Supply and installation of 25 year 3 tab shingles on new black paper with drip edges Divl9pn. 8: AO.Qrs anS ,,, YLnd_q s 9. Doors 10. Supply and installation of 1 pressed steel frame, 1 steel door 36" cjw hinges, chain stop and lever lockset Division -9 :. ,f= _F!isbes 11. Painting 12. Paint new building structure with 2 colors as per the existing E-2328 Project Scope and Estimate 20161117 184% 1 of 2 t- rde, Mjsfon 16: Electrical a mm i° ions 13. Supph and installation of 6 new LED 8' strip Ilghtiricm 14. Disconrect and rcrnnml I'o' re -use of e4stirr� electrical na—nei 15. Dismaned aerial line for re -use in new buil-Mg 16. vin. wiring as existirµ: i oW Price 56,CN1 HST Extra 5r)20ftc E,,.Jusiers: - Remoa-al rend re-InsmNa ton cf grind screens - $1,500 (approximately - Signage and mural - $3,5G0 (approximateiy) - Remotmi and instalkiton oil all and o/IEghting equirxnenit/rtvpe ligh'Or:E4 o :5,500 (approximate!! ly) - Ne`vv ales riml penel "-1,200 (approximately) TOTAL: $12, y0 FIST Extra GRAND -ro,TAI-: $68,700 HS)T Extra E-2328 Project Scope and Estimate 20161117 NOW Project .15 2 of 2 N N LO N N N N