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2017-05-15_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting AGENDA Monday, May 15, 2017 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plait utiliser I'entree Chipman Hill Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Pages 1. Call to Order 2. Approval of Minutes 2.1 Minutes of April 18, 2017 1 - 10 2.2 Minutes of May 1, 2017 11 - 19 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Province of New Brunswick - Letter of Thanks for participating in Heritage Week 20-21 2017 (Recommendation: Receive for Information) 5.2 Saint John Development Corporation - Supplemental Agreement regarding 22-25 Lease Extension on Fundy Quay (Recommendation: Authorize Mayor and Common Clerk to execute agreement) 5.3 Human Development Council - Request for Letter of Support for funding 26-27 (Recommendation: Mayor's office to send Letter of Support) 5.4 Saint John Parking Commission - Request from Ability New Brunswick for 28-29 Increased Fines in Designated Areas (Recommendation in Report) 5.5 Saint John Parking Commission - Parking Meter ByLaw Amendment Schedule 30-30 "A" Parking Meters (Recommendation in Report) 1 Poeta By: (L 5.6 B. Wilkinson Letter - Funding Proposal of Les Jeux de I'acadie 31-32 (Recommendation: Receive for Information) 5.7 SCDWP - South Bay Wellfield Designation (Recommendation in Report) 33-42 5.8 ARCf de Saint John - Request to Present to Council re Acadian Games 43-43 (Recommendation: Refer to the Clerk to Schedule) 5.9 Contract No. 2017-07: Currie Avenue - Street Reconstruction - Water Main, 44-46 Sanitary and Storm Sewer Installation (Recommendation in Report) 5.10 Contract No. 2017-04: Pokiok Road and McLellan Street - Water, Sanitary, 47-49 Storm and Street Reconstruction (Recommendation in Report) 5.11 Public Information Session: McAllister Drive Water Main Renewal - Phase 2 50-52 (#402 McAllister Drive to Mountain View Drive) (Recommendation: Receive for Information) 5.12 Microsoft Business and Services Agreement (Recommendation in Report) 53-63 5.13 Contract No. 2017-15: Fairville Boulevard (Linton Rd. to Plaza Ave. & Outfall) 64-66 98-113 Storm Sewer Improvements and Manawagonish Creek Channel Upgrades (Recommendation in Report) 5.14 Enterprise Saint John License Agreement (Recomendation in Report) 67-70 5.15 Province of New Brunswick - Federal Gas Tax Fund (GTF) Additional Allocations 71 -73 (Recommendation: Receive for Information) 5.16 Consultant Services - Water and Sewerage Services Rate Study and Universal 74-78 Metering Evaluation (Recommendation in Report) 5.17 Federation of Canadian Municipalities (FCM) Funding Programs applications 79-83 (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 Police Week - May 15th to May 21 st, 2017 84-85 7.2 Disability Awareness Week - May 28th to June 3rd, 2017 86-87 8. Delegations / Presentations 8.1 Portage Atlantic Treatment Facility 88-97 8.2 Transit and Parking Commission 98-113 9. Public Hearings - 6:30 p.m. 9.1 Stop Up and Close - portion of Grannan Street (1 st and 2nd Reading) 114-116 K 9.2 Stop Up and Close - portion of Clovelly Drive (1 stand 2nd Reading) 117-119 10. Consideration of By-laws 10.1 Proposed Zoning Bylaw Amendment with Section 39 Conditions - 307 120-122 Westmodand Road (3rd Reading) 10.2 Proposed Zoning Bylaw Amendment - Medical Marijuana Production Facilities 123-126 (3rd Reading) 10.3 Common Council Procedural Bylaw Amendment (3rd Reading) 127-131 11. Submissions by Council Members 11.1 Road Re -naming - Pat Rocca Way (Councillor Lowe) 132-132 12. Business Matters - Municipal Officers 12.1 Central Peninsula Neighbourhood Action Plan - Project Update & Public 133-154 Launch Event 12.2 Tendering Policy for Construction Contracts 155-157 12.3 Ovemight Parldng - Entertainment District 158-160 13. Committee Reports 13.1 Growth Committee Verbal Update 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Third Space - Permission to Install Public Work of Contemporary Art on City 161 -162 Property 16. Supplemental Agenda 17. Committee of the Whole 17.1 Supply Agreement for Road Salt 163-164 17.2 Updated Version of Mandate Letters associated with Roadmap for Smart 165-175 Growth 18. Adjoumment K3 City of Saint John Common Council Meeting Monday, May 15, 2017 Committee of the Whole 1. Call to Order Si vous avez besoin des services en fran�ais pour une r6union de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 10.(2)(4) of the Municipalities Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:30 p.m., 8th Floor Boardroom, City Hall 1.1 Update — Governance of New Brunswick Municipal Legislation (Local Governance Act and Community Planning Act 1.2 Approval of Minutes 10.2(4) 1.3 Financial Matter 10.2(4)(c) 1.4 Financial Matter 10.2(4)(c) 1.5 Financial Matter 10.2(4)(c) 1.6 Negotiations 10.2(4)(c) 1.7 Financial Matter 10.2(4)(c) 1.8 Employment Matter 10.2(4)0) 1.9 Financial Matter 10.2(4)(c) 1.10 Financial Matter 10.2(4)(c) C! Ville de Saint John Seance du conseil communal Le lundi 15 mai 2017 18 h, Salle du conseil Comit6 pl6nier 1. Ouverture de la s6ance Si vous souhaitez obtenir des services en fran�ais pour une s6ance du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. Chacun des points suivants, en totalite ou en partie, peut faire 1'objet d'une discussion en prive en vertu des dispositions prevues a Particle 10 de la Loi sur les municipalites. Le conseil/comite prendra une ou des d6cisions a cet egard au cours de la s6ance publique 16 h 30 — Salle de conf6rence, 8e 6tage, h6tel de Ville 1 Mise a jour — Gouvernance de la 16gislation municipale du Nouveau - Brunswick (Loi sur la gouvernance locale et Loi sur 1'urbanisme) 2 Approbation du proces-verbal — paragraphe 10.2(4) 3 Question financiere — alinea 10.2(4)c) 4 Question financiere — alinea 10.2(4)c) 5 Question financiere — alinea 10.2(4)c) 6 Negociations — alinea 10.2(4)c) 7 Question financiere — alinea 10.2(4)c) 8 Question relative a 1' emploi — alinea 10.2(4)j) 9 Question financiere — alinea 10.2(4)c) 10 Question financiere — alinea 10.2(4)c) S6ance ordinaire 1. Ouverture de la s6ance 2. Approbation du proces-verbal 2.1 Proces-verbal du 18 avril 2017 2.2 Proces-verbal du ler mai 2017 3. Adoption de Pordre du jour 4. Divulgations de conflits d'int6rets 5. Approbation du conseil 5.1 Province du Nouveau -Brunswick — Lettre de remerciement pour la participation a la Semaine du patrimoine 2017 (Recommandation accepter a titre informatif) 5.2 Saint John Development Corporation — Convention suppl&mentaire concernant la prolongation du bail sur le quai de Fundy (Recommandation : Autoriser May et le greffier communal a executer la convention) 5.3 Conseil du perfectionnement social — Demande pour une Lettre d'appui relative au soutien financier (Recommandation : le bureau du maire enverra une Lettre d' appui) 5.4 Commission sur le stationnement de Saint John — Demande de la part de Capacit& Nouveau -Brunswick pour que Fon augmente les amendes pour les infractions relatives aux stationnements d&sign&s (Recommandation figurant au rapport) 5.5 Commission sur le stationnement de Saint John — Modification de 1'Arret& concernant les parcom&tres, a Fannexe « A » Parcom&tres (Recommandation figurant au rapport) 5.6 Lettre de B. Wilkinson — Proposition de financement pour Les Jeux de 1'Acadie (Recommandation : accept& a titre informatif) 5.7 Projet Eau potable saine et propre (PEPSP) — D&signation d'un champ de captage a South Bay (Recommandation figurant au rapport) 5.8 ARCf de Saint John — Demande Fautorisation de pr6senter un expos& au conseil concernant les Jeux de 1'Acadie (Recommandation : transmettre au greffier pour qu'une date de pr6sentation soit fixe) 5.9 Contrat no 2017-07 : avenue Currie — Travaux de r6fection de la rue — Installation de la conduite d'eau, des &gouts sanitaires et pluviaux (Recommandation figurant au rapport) 5.10 Contrat no 2017-04 : chemin Pokiok et rue McLellan — Conduite d'eau, &gouts sanitaires et pluviaux, et travaux de r6fection des rues (Recommandation figurant au rapport) 5.11 S&ance d'information publique : Renouvellement de la conduite d'eau principale de la promenade McAllister — Phase 2 (du no 402, promenade McAllister jusqu'a la promenade Mountain View) (Recommandation : accepter a titre informatif) 5.12 Entente commerciale et de services avec Microsoft (Recommandation figurant au rapport) 5.13 Contrat no 2017-15 : modernisation du r6seau d' &gout pluvial du boulevard Fairville (du chemin Linton a Favenue Plaza, et 1'&missaire) et du canal du ruisseau Manawagonish (recommandation : accepter a titre informatif) 5.14 Contrat de licence avec Entreprise Saint John (Recommandation figurant au rapport) 5.15 Province du Nouveau -Brunswick — Allocations additionnelles dans le cadre du Fonds federal de la taxe sur 1'essence (FTE) (Recommandation accepter a titre informatif) 5.16 Services d' expert-conseil — Etude sur la tarification des services d' aqueduc et d'egouts et evaluation du programme de comptage universel (Recommandation figurant au rapport) 5.17 Demandes de financement dans le cadre des programmes de la Federation canadienne des municipalites (FCM) (Recommandation figurant au rapport) 6. Commentaires pr6sent6s par les membres 7. Proclamation 7.1 Semaine de la police — du 15 mai au 21 mai 2017 7.2 Semaine de sensibilisation a la situation des personnes handicapees du 28 mai au 3 juin 2017 8. D616gations et pr6sentations 8.1 Centre de traitement de Portage Atlantique 8.2 Commissions du transport et du stationnement 9. Audiences publiques —18 It 30 9.1 Fermeture et barrage d'une partie de la rue Grannan (Ire et 2e lecture proposee) 9.2 Fermeture et barrage d'une partie de la promenade Clovelly (Ire et 2e lecture proposee) 10. Etude des arret6s municipaux 10.1 Modification proposee a 1'Arrete de zonage sous r6serve des conditions prevues a Particle 39 Conditions — 307, chemin Westmorland (3e lecture) 10.2 Projet de modification de 1'Arrete de zonage visant les installations de production de marijuana therapeutique (3e lecture) 10.3 Modification de Farrete procedural du Conseil communal (3electure) 11. Interventions des membres du conseil 11.1 Changement de nom — voie Pat Rocca (conseiller Lowe) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Plan de voisinage de la peninsule centrale — Mise a jour du projet et evenement de lancement public 12.2 Politique d'appels d'offres relatifs aux contrats de construction 12.3 Stationnement de nuit — District du divertissement 13. Rapports deposes par les comites 13.1 Mise a jour verbale relative au Comite de croissance 14. Etude des sujets ecartes des questions soumises a Papprobation du conseil 15. Correspondance generale 15.1 Galerie Tiers-espace — Permission d'installer des oeuvres d'art contemporain public sur une propriete appartenant a la Ville 16. Ordre du jour supplementaire 17. Comite plenier 17.1 Entente relative a 1'approvisionnement en sel de voirie 17.2 Version corrigee des lettres de mandat associees a la Feuille de route pour une croissance intelligente 18. Levee de la seance MINUTES—REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN APRIL 18, 2017 AT 6:00 PM IN THE COUNCIL CHAMBER Present: Mayor Don Darling Deputy Mayor Shirley 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 N. Jacobsen Solicitor J. Nugent Commissioner of Transportation and Environment M. Hugenholtz Commissioner Growth and Community Development J. Hamilton Commissioner Finance and Administrative Services K. Fudge Commissioner Saint John Water B. McGovern Police Chief J. Bates Fire Chief K. Clifford 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 March 27, 2017 Moved by Councillor MacKenzie, seconded by Councillor Armstrong: RESOLVED that the minutes of the meeting of Common Council, held on March 27, 2017 be approved. MOTION CARRIED. 2.2 Minutes of April 3, 2017 LTA IQIM►[4M0011191 3. Approval of Agenda Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the agenda of this meeting be approved with the Proposed Supplemental agenda item 16.1 Tendering Policy for Construction Costs withheld due to the City Manager's absence. MOTION CARRIED. 4. Disclosures of Conflict of Interest S. Consent Agenda 5.1 That the Letter from Saint John District Labour Council re Day of Mourning be received for information. 5.2 That the Letter J. Wickens — Tucker Park be received for information. 5.3 That the Letter from Sackville Memorial Hospital Foundation —The 2017 Give Our Surgeons Inside Information Campaign be received for information. 5.4 That NB Youth Orchestra — Letter of Thanks for Support of Sistema New Brunswick Saint John be received for information. 5.5 That as recommended by the City Manager in the submitted report M&C 2017-088: New Logger Recorder for the Public Safety Communications Centre, Common Council approve and authorize City staff to purchase a NICE NRX Analog Logger, software licenses, and related installation services from Bell Mobility in the amount $152,174 + HST; and further that the Mayor and Common Clerk be authorized to execute the appropriate documents. 5.6 That as recommended by the City Manager in the submitted report M&C 2017-093: Network Communication Services for the City of Saint John, The City enters into the Amendment 3 to Bell Ethernet Services Schedule agreement (submitted) with Bell Aliant Regional Communications, Limited Partnership (Bell Aliant) for the delivery of Ethernet network services; and • That the Mayor and Common Clerk be authorized to execute the necessary documents. 5.7 That the submitted report M&C2017-099: Saint John Police Force -2016 Operating Budget — December Year End (Unaudited) Financial Results, be received for information. 5.8 That the Fundy Regional Service Commission — Audited Financial Statements for the Year Ended 31 December 2016, be received for information. 5.9 That as recommended by the City Manager in the submitted report M&C 2017-097: BeaverTails Mobile Unit License Agreement: License Agreement. 5.10 Refer to Item 14.1 5.11 That as recommended by the City Manager in the submitted report M&C 2017-082: 2017-463001P Sewage Pump Replacement, the Request for Proposal be awarded to Xylem Canada Company at the cost of $281,815.49 excluding HST, and that the Mayor and Common Clerk be authorized to execute the appropriate documents. 5.12 That the C. Kilpatrick Letter — Growth Committee report be received for information. 5.13 That as recommended by the City Manager in the submitted report M&C 2017-105: Central Peninsula Neighbourhood Plan Digital Engagement Contract, The City enter into a Hosted Services Agreement with CoUrbanize for digital engagement software services in the form attached to M&C 2017- 105; and 2. That the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.14 That the submitted report M. Cote —Acadian Games 2020 Memorandum of Understanding, be referred to the City Manager. 5.15 That the D. Walton Request to Block off Street for Canada 150 Celebration be referred to the City Manager. 5.16 That as recommended by the City Manager in the submitted report M&C 2017-100: Stop -up and Closure and Subsequent Sale for Portion of Clovelly Drive, Common Council adopt the following resolution: That the Public Hearing to consider the passing of a By-law to Stop Up and Close a 2,441 square metre portion of a public street known as Clovelly Drive, as shown on a Plan of Survey (submitted), be set for Monday, May 15, 2017 at 6:30 p.m. in the Council Chamber; That Common Council authorize the publishing of a notice of its intention to consider passing of such By-law identified above; and In the event that a 2,411 square metre portion of Clovelly Drive, as shown on the submitted Plan of Survey is stopped -up and closed; the City being neither explicitly nor implicitly obligated to enact any by-law to stop -up and close any public street, the City sell the portion of closed street, pursuant to the Agreement attached to this report as Schedule "A" and the Mayor and Common Clerk be authorized to sign all pertinent documents. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the recommendation set out for each consent agenda item respectively be adopted with the exception of item 5.10 which has been identified for debate and with the necessary amendments to items 5.5 and 5.11 as advised by the City Solicitor. Council members commented on various community events. 7. Proclamations 7.1 Public -Rail Safety Week — April 24 to 30, 2017 The Mayor proclaimed April 24 to 30, 2017 as Public -Rail Safety Week in the City of Saint John. 7.2 Human Values Day — April 24, 2017 The Mayor proclaimed April 24, 2017 as Human Values Day in the City of Saint John. 7.3 Day of Mourning in Recognition of Workers Killed, Injured or Disabled — April 28, 2017 The Mayor proclaimed April 28, 2017 as Day of Mourning in Recognition of Workers Killed, Injured or Disabled in the City of Saint John. 8. Delegations/Presentations 9. Public Hearings 6:30 PM 10. Consideration of By-laws 10.1 Proposed Municipal Plan Amendment —180 Cosy Lake Road Moved by Councillor Sullivan, seconded by Deputy Mayor McAlary: RESOLVED that Council directs that the proposed Municipal Plan Bylaw Amendment regarding 180 Cosy Lake Road be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized with a Public Hearing to be held on Monday, May 29th at 6:30 p.m. in the Council Chamber. LTA 100000114Y1ilk]ilk] Iif91 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 Demolition of Vacant, Dilapidated and Dangerous Building at 287 Tower Street PID # 364513 Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that as recommended by the City Manager in the submitted report M&C 2017-096: Demolition of vacant, dilapidated and dangerous building at 287 Tower Street (PID#364513), Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, to arrange for the demolition of the building at 287 Tower Street (PID#364513), in accordance with the applicable City purchasing policies. MOTION CARRIED McLean Street commencing in the summer and into the fall to allow construction. The proposal would improve access to the neighbourhood residents and improve safety to the construction workers. Supervised barricades at Westmorland Road and MacLaughlan would prevent access to McLean Street during working hours. Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that as recommended by the City Manager in the submitted report entitled M&C 2017-090: Temporary Removal of the McLean Street Barricades, Common Council adopts the following: WHEREAS Common Council by amendment to the Street Closing By -Law enacted February 13, 2006 did stop up and close permanently a portion of McLean Street; and WHEREAS barricades were placed to stop the flow of traffic on that portion of McLean Street; and WHEREAS Common Council deems it advisable for the purpose of the Safe Clean Drinking Water Project to temporarily allow traffic to flow on that portion of McLean Street; Now therefore be it resolved: 1. That the Commissioner of Transportation & Environment Services is hereby directed pending a public open house information session to be held by Port City Water Partners (PCWP) to remove the barricades on the said portion of McLean Street just prior to the start construction work by PCWP on Westmorland Road so as to allow traffic to flow freely; 2. And further, that a Public Hearing to consider the passing of a by-law to stop and close the said portion of McLean Street be set for August 8, 2017. 3. And further that Common Council hereby authorizes the publishing of a Notice of its intention to consider the passing of such a by-law identified a bove. MOTION CARRIED. 12.3 Project Performance Update — Safe, Clean Drinking Water Project Referring to the submitted report entitled Project Performance Update — Safe, Clean Drinking Water Project, Dean Price updated Council on the project timelines January— March that proceeded on schedule and communications to the public for the zones under seasonal construction. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the submitted report M&C2017-103: Project Performance Update —Safe, Clean Drinking Water Project, be received for information. MOTION CARRIED. 12.4 City of Saint John Asset Management Roadmap Referring to the submitted report entitled City of Saint John Asset Management Roadmap, S. Yammine Energy Manager, outlined the business process approach that will be applied by all departments to measure the associated cost of the asset to the level of service provided. LTA W I [Q 0 KeYTI 0 0 11191 12.5 Community Awareness Emergency Response (CAER) Partner Program Referring to the submitted report entitled Community Awareness Emergency Response (CAER) Partner Program, Fire Chief Clifford outlined the planned engagement strategy for existing and future industrial partners. The City's current planning and zoning risk management guidelines and policies are collaborating with the CAER emergency program. Moved by Councillor Norton, seconded by Councillor MacKenzie: RESOLVED that as recommended by the City Manager in the submitted report Community Awareness Emergency Response (CAER) Partner Program, Common Council authorize the Saint John Fire Department to approach the community's industrial stakeholders to determine their interest in becoming a Saint John Fire Department CAER Partner. MOTION CARRIED. 12.6 Committee Structure Moved by Councillor Reardon, seconded by Councillor Merrithew: RESOLVED that as recommended by the City Manager in the submitted report Committee Structure, based on the pilot evaluation period from September 2016 through March 2017, that Common Council adopts the current structure of standing Committees for Finance and Growth as standard practice and directs the Nominating Committee to maintain a full complement of Council members as per the existing Terms of Reference. MOTION CARRIED with Councillor Sullivan voting nay. A motion to amend the main motion as follows was moved by Councillor Sullivan, seconded by Councillor Reardon: "AND FURTHER BE IT RESOLVED that the Community Services Committee be added to the Committee Structure for a six month pilot evaluation period." The amendment was defeated with Deputy Mayor McAlary and Councillors Merrithew, Lowe, MacKenzie, Armstrong, Casey, Reardon and Strowbridge voting nay. 12.7 City of Saint John Transportation Strategic Plan Phase 2 Consulting and Engineering Services — Follow Up Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that the report entitled City of Saint John Transportation Strategic Plan Phase 2 Consulting and Engineering Services — Follow Up, be lifted from the table. MOTION CARRIED. Referring to the submitted report entitled M&C 2017-095: City of Saint John Transportation Strategic Plan Phase 2 Consulting and Engineering Services — Follow Up, Commissioner Huaenholtz commented on the benefits of the holistic Responding to a question, the current misalignment of many streets was not by design but as a result of land issues and lack of funds to install proper intersections. Recouping costs from industry users destroying pavement would be difficult to identify. Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that as recommended by the City Manager in the submitted report M&C 2017-095: City of Saint John Transportation Strategic Plan Phase 2 Consulting and Engineering Services — Follow Up, Common Council authorizes the following: 1) Common Council award engineering and consulting services for Transportation and Strategic Plan Phase 2 to IBI Group at a cost of $200,100.00 plus applicable taxes; and 2) That the Mayor and Common Clerk be authorized to execute the Consulting Engineering Agreement. MOTION CARRIED with Councillors Merrithew and Sullivan voting nay. 12.8 2017 Asphalt Pavements Work Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the submitted report M&C2017-106: 2017Asphalt Pavements Work, be received for information. MOTION CARRIED. 12.9 Contract No. 2017-13 Asphalt Resurfacing 2017 The City Solicitor commented on the provincial tendering rules to award to the lowest bidder. Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that as recommended by the City Manager in the submitted report M&C 2017-101: Contract No. 2017-13 Asphalt Resurfacing 2017,the contract be awarded to the low Tenderer, Classic Construction (2012) Ltd., at the tendered price of $5,004,472.25 (including HST) as calculated based upon estimated quantities; and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. MOTION CARRIED. 13. Committee Reports Councillor MacKenzie withdrew from the meeting. 14. Consideration of Issues Separated from Consent Agenda 14.1 M&C 2017-091: Stop -Up and Closure and Subsequent Grant of Easement for Portion of Grannan Street Moved by Deputy Mavor McAlarv. seconded by Councillor Armstrong: 1. That the Public Hearing to consider the passing of a By-law to Stop Up and Close a 4.0 square metre portion of a public street known as Grannan Street, as shown on a Plan of Survey (submitted), be set for Monday, May 15, 2017 at 6:30 p.m. in the Council Chamber; 2. That Common Council authorize the publishing of a notice of its intention to consider passing of such By-law identified above; and 3. In the event that a 4.0 square metre portion of Grannan Street, as shown on the submitted Plan of Survey is stopped -up and closed; the City being neither explicitly nor implicitly obligated to enact any by-law to stop -up and close any public street, the City grant an easement over the portion of closed street, pursuant to the Agreement attached to this report as Schedule "A" and that the Mayor and Common Clerk be authorized to sign all pertinent documents. LTA 100000114Y1:k]k]11191 Councillor MacKenzie re-entered the meeting. 15. General Correspondence 15.1 Carol Teel Request to Address Council regarding Jelly Bean Buildings The Common Clerk advised that Ms. Teel has requested to speak at this evening's Council meeting, noting that a 2/3 of whole of Council affirmative vote would be required to permit the speaker to present. The City Solicitor stated that the Option Agreement for the Property in place will not be affected by hearing the presentation. Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that Council not hear from any group or individuals with respect to the Jelly Bean buildings because of the Option Agreement currently in place. MOTION DEFEATED with Councillors Merrithew, Lowe, MacKenzie, Casey, Reardon, Strowbridge, and Norton voting nay. Moved by Councillor Norton, seconded by Councillor Strowbridge: RESOLVED that the applicant Carol Teel be allowed to present to Council. MOTION CARRIED with Deputy Mayor McAlary voting nay. Janelle Russell of Douglas Avenue, speaking on behalf of Carol Teel, addressed Council on issues of transparency, dialogue, communication, purchase price, developers, Saint John Non Profit Housing (SJNPH) option, a perceived conflict of interest of the Deputy Mayor sitting on the Board of SJNPH, and concerns for the future of heritage properties. A point of order was raised by Councillor Strowbridge on the commentary. Moved by Councillor Norton, seconded by Councillor Armstrong: RESOLVED that the verbal report as presented by Janelle Russell be received for information Moved by Councillor McAlary, seconded by Councillor Armstrong: RESOLVED that the Citizen Petition —Jelly Bean Buildings be received for information. MOTION CARRIED. 15.3 Citizen Letters — Jelly Bean Buildi Moved by Councillor Sullivan, seconded by Councillor Armstrong: RESOLVED that the Citizen Letters —Jelly Bean Buildings, from the below listed citizens, be received for information. • Dee Stubbs -Lee • Carrol Teel • Christine Gilliland • Melissa Osborne • John Haddon • John Neville • Lori Seymour • Jonathan Northrup • Andreas Holmes • Christopher Osborne • Monique Gionet • Megan Mainwaring • Joshua Thomson MOTION CARRIED. 15.4 J. Bezanson — Offer to Purchase Remaining Jelly Bean Buildings Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that the letter from J. Bezanson — Offer to Purchase Remaining Jelly Bean Buildings be received for information. MOTION CARRIED. 16. Supplemental Agenda 17. Committee of the Whole 18. Adjournment Moved by Councillor Armstrong, seconded by Councillor MacKenzie: RESOLVED that the meeting of Common Council held on April 18, 2017 be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 9:45 p.m. Mayor/ maire Common Clerk/ greffier communal MINUTES—REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN MAY 1, 2017 AT 6:00 PM IN THE COUNCIL CHAMBER Present: Mayor D. Darling Deputy Mayor Shirley McAlary Councillor -at -Large Gary Sullivan Councillor Ward 1 Blake Armstrong Councillor Ward 1 Greg Norton Councillor Ward 2 John MacKenzie Councillor Ward 3 Gerry Lowe Councillor Ward 3 Donna Reardon Councillor Ward 4 David Merrithew Councillor Ward 4 Ray Strowbridge Absent: Councillor Ward 2 Sean Casey Also Present: City Manager J. Trail Deputy City Manager N. Jacobsen Solicitor J. Nugent Commissioner of Transportation and Environment M. Hugenholtz Commissioner Growth and Community Development J. Hamilton Commissioner Finance and Administrative Services K. Fudge Commissioner Saint John Water B. McGovern Police Chief J. Bates Deputy Fire Chief J. Armstrong Common Clerk J. Taylor Deputy Common Clerk P. Anglin 1. Call to Order The Mayor called the meeting to order. 2. Approval of Minutes 3. Approval of Agenda Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the agenda of this meeting be approved with the addition of items 17.2 Sale of Portions of City Real Estate at Baxter's Corner; and 17.3 Employment Contract with Stephen D. Carson. Councillor Armstrong declared a conflict of interest with item 17.1. S. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M&C 2017-109: Recreation Facility Booking Software: 1) The City enter into a three (3) year Software as a Service Master Agreement with Maximum Solutions Inc. for the purpose of accessing and using its software in the form attached to M&C 2017-109; and 2) That the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.2 Refer to Section 14.1 5.3 That the letter from New Brunswick Association of Real Estate Appraisers be received for information. 5.4 That the letter from D. Burt - Jelly Bean Houses be received for information. 5.5 That the letter from D. Cosman - Deterioration of Roads on Baywatch Lane be referred to the City Manager. 5.6 That the Residents of New Albert Court Lane - Letter of Thanks for Demolition of Abandoned Building be received for information. 5.7 That as recommended by the City Manager in the submitted report M&C 2017-111: Proposed Public Hearing Date —17-19 St. James Street, Common Council schedule the public hearing for the rezoning application of Silk Stevens Limited on behalf of the New Brunswick Department of Transportation and Infrastructure (17-19 St. James Street) for Monday, May 29, 2017 at 6:30 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for a report and recommendation. 5.8 That as recommended in the submitted report from the Planning Advisory Committee entitled Subdivision Application - 483 & 487 City Line, Common Council assent to the submitted photo -reduced Amy E. Lantegine Subdivision Plan with respect to the vesting of two parcels of land having an area of approximately 46 square metres and 39 square metres as part of the City Line public street right- of-way. 5.9 That as recommended in the submitted report from the Planning Advisory Committee entitled Subdivision Application 145 Lansdowne Avenue, Common Council authorize the acceptance of money -in -lieu of the required Land for public purposes (LPP). 5.10 That as recommended in the submitted report from the Planning Advisory Committee entitled Subdivision Application Galbraith Construction Ltd. —26-44 Royal Parkway, 1. Common Council assent to one or more subdivision plans in one or more phases in general accordance with the submitted tentative subdivision plan more City/Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. 5.11 That as recommended by the City Manager in the submitted report M&C 2017-108: Engineering Services — District Metering Program -2017, the proposal from CBCL Limited for engineering design and construction management services for the District Metering Program - 2017 project in the amount of $202,543.75, 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 2017-117: SCADA Upgrades, Common Council approves the following: • The quotations from Softchoice LP for the supply of hardware and software totaling $93,454.65 + HST be accepted and approval provided for a Purchase Order to be issued, and That the quotation from Softchoice LP for Remote EMC and Cisco Installation totaling $14,950 + HST be accepted and that the Mayor and Common Clerk be authorized to execute the agreement. 5.13 That the submitted report M&C2017-113: Public Information Session: Fairville Boulevard (Linton Rd. to Plaza Ave & Outfall) Storm Sewer Improvements and Manawagonish Creek Channel Upgrades, be received for information. 5.14 That the submitted report M&C2017-116: Public Information Session: King Street — Bus Lay-by Reconstruction, be received for information. 5.15 That as recommended by the City Manager in the submitted report M&C 2017-118: RDC Funding — Carleton Community Centre Windows, the Mayor be authorized to send a request to the Regional Development Corporation (RDC) for funding support of the Carleton Community Centre window replacement. 5.16 Refer to 14.2. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the recommendation set out for each consent agenda item respectively be adopted, with the exception of items 5.2 and 5.16 which have been identified for debate. MOTION CARRIED. 6. Members Comments Council members commented on various community events. 7. Proclamations 7.1 CMHA Mental Health Week - May 1st to May 7th, 2017 The Mayor proclaimed May 1st to 7th, 2017 as CMHA Mental Health Week in the City of Saint John. 7.3 Emergency Preparedness Week May 7th to 13th, 2017 The Mayor proclaimed May 7th to 13th, 2017 as Emergency Preparedness Week in the City of Saint John. 8. Delegations/Presentations 9. Public Hearings 6:30 PM 9.1 Proposed Rezoning and Section 39 Amendment — 307 Westmorland Road 9.1.1 Proposed Zoning Bylaw Amendment and Section 39 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 307 Westmorland Road to permit a broader range of land uses for future redevelopment of the site, with no written objections received. The Planning Advisory Committee recommended approval of the re -zoning as set out in the submitted report, with Section 39 conditions. The Mayor called for members of the public to speak against the re -zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re -zoning with Krista McDevitt, the property owner 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 4,227 square metres, located at 307 Westmorland Road, also identified as PID Number 00316430, from Local Commercial (CL) to General Commercial (CG), be read a first time. LTA 100000114Y1: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 4,227 square metres, located at 307 Westmorland Road, also identified as PID Number 00316430, from Local Commercial (CL) to General Commercial (CG), 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." 9.2 Proposed Zoning Bvlaw Amendment — Medical Mariivana Production The Common Clerk advised that the necessary advertising was completed with regard to the proposed zoning bylaw amendment that affects a number of sections of the Zoning By-law in order to add a Medical Marijuana Production Facility to the list of permitted uses in the Medium Industrial (IM) and Heavy Industrial (IH) zones along with specific development standards for these facilities. The amendment also includes replacing existing definitions with new definitions to provide clarity with respect to the interpretation of this land use. No written objections were received. The Planning Advisory Committee recommended approval of the changes 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. The Mayor called for members of the public to speak in favour of 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," that affects a number of sections of the Zoning By -Law in order to add a Medical Marijuana Production Facility to the list of permitted uses in the Medium Industrial (IM) and Heavy Industrial (IH) zones, be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." Moved by Councillor Sullivan, seconded by Councillor Merrithew: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John," that affects a number of sections of the Zoning By -Law in order to add a Medical Marijuana Production Facility to the list of permitted uses in the Medium Industrial (IM) and Heavy Industrial (IH) zones, be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By - Law of The City of Saint John." 10. Consideration of By-laws 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 280 Main Street (PID # 374330) Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that as recommended by the City Manager in the submitted report 280 Main Street (PID # 374330), Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, to arrange for the demolition of the building at 280 Main Street (PID#374330), in Reading) Consideration was given to a submitted report from the City Solicitor entitled M&C 2017-115: Amendments to Common Council's Procedural By -Law. Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that the bylaw entitled, "By -Law Number M-5 A Law to Amend a By - Law Respecting the Procedure of the Common Council of The City of Saint John," dealing with a new deadline to submit agendas and Council kits for regular meetings of Council; and the adoption of a procedure to manage communications from the public, be read a first time. LTA [0000114YARRIN91 Read a first time by title, the by-law entitled, "By -Law Number M-5 A Law to Amend a By -Law Respecting the Procedure of the Common Council of The City of Saint John." Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that the bylaw entitled, "By -Law Number M-5 A Law to Amend a By - Law Respecting the Procedure of the Common Council of The City of Saint John," dealing with a new deadline to submit agendas and Council kits for regular meetings of Council; and the adoption of a procedure to manage communications from the public, be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "By -Law Number M-5 A Law to Amend a By -Law Respecting the Procedure of the Common Council of The City of Saint John." 12.3 Tendering Policy for Construction Contracts The City Manager commented on the contemplated change of policy and publishing the Plan Takers List. Under the existing practice, only staff is aware of the number of bidders. As an analogy the City Manager used the auction process. The bidder does not continue to hold up his/her hand to bid, if there are no other bidders. Publishing the data decreases competition and is not sound business practice. Commissioner Hugenholtz discussed the survey results other municipalities follow, saying they are about divided in the process followed to publish the lists and the approach taken by some municipalities to simply release the bidders list for the specialty projects. Referring to the submitted report M&C2017-104: Tendering Policyfor Construction Contracts, Commissioner McGovern stated that the Procurement Department follows the Procurement Act and the engineering department follows the Crown Construction Contracts Act. The Crown Construction Act requires a procuring entity to maintain a registered bidders list for each procurement while the Procurement Act does not. Commissioner McGovern recommended Council consider the concept of a specialty projects category and releasing the bidders list for specialty projects as a middle ground. In specialty projects the bidders would not be commonly known because the contracts are not recurring on a regular RESOLVED that item 12.3 Tendering Policy for Construction Contracts, be tabled. MOTION CARRIED. 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 14.1 Land for Public Purposes Trust Fund Application Island View School Playground Project Responding to a question, the City Solicitor stated that Land for Public Purposes would cover a school playground. Moved by Deputy Mayor McAlary, seconded by Councillor Norton: RESOLVED that as recommended by the City Manager in the submitted report M&C 2017-110: Land for Public Purposes Trust Fund Application Island View School Playground Project, Common Council, under existing policy, approve a Land for Public Purposes grant of $5,000 to the Parent and Playground Committee of Island View School toward the cost of replacing playground equipment at Island View School. MOTION CARRIED. 14.2 Secondary Logo Use on Commercial Promotional Items Moved by Deputy Mayor McAlary, seconded by Councillor Strowbridge: RESOLVED that as recommended by the City Manager in the submitted report M&C2017-114: Secondary Logo Use on Commercial Promotional Items, Common Council authorizes the Communications Department to distribute the "Secondary Explorer Logo" to eligible commercial enterprises or individuals to use for production of commercial manufactured promotional merchandise. MOTION CARRIED. 15. General Correspondence 15.1 J. Bezanson - Architectural Salvage Jelly Bean Buildings Responding to a question, the City Manager confirmed the properties are now owned by the Saint John Non Profit Housing. Moved by Councillor MacKenzie, seconded by Councillor Reardon: RESOLVED that the letter from Jim Bezanson entitled, Architectural Salvage Jelly Bean Buildings, be referred to SJNPH for their consideration. MOTION CARRIED. 15.2 M. Cote - Acadian Games Memorandum of Understanding The City Manager discussed the Acadian Games, and the opportunity a major sporting event presents for promoting the City. A more thorough review of the MOU terms needs to be undertaken for approval at a later date. MOTION CARRIED with Councillor Merrithew voting nay. 16. Supplemental Agenda 17. Committee of the Whole Councillor Armstrong withdrew from the meeting. 17.1 Exotic / Entertainment License Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the draft letter to the Provincial Minister concerning Exotic/ Entertainment License be withdrawn. MOTION CARRIED. Councillor Armstrong re-entered the meeting. 17.2 Sale of Portions of City Real Estate in Baxter's Corner, including Former Caretaker's Home and Adiacent Parcel of Land Moved by Councillor MacKenzie, seconded by Deputy Mayor McAlary: RESOLVED that as recommended by the Committee of the Whole having met on May 1St, 2017 Common Council adopts the following: That the City of Saint John: 1. Sell to Dylan Leroy Edward Reagon and Kelly Elizabeth Ridgeway a 50,000 +/- square foot portion of PIDs 00427674 and 00355115 including the house and garage thereon, being civic address 479 Route #820, Baxter's Corner, New Brunswick upon the terms and conditions set out in the Agreement of Purchase and Sale attached to M&C 2017-112; and 2. Sell to David Alden Chamberlain and Diane Elizabeth Chamberlain 39,800 +/- square foot portion of PID 00355115 in Baxter's Corner, New Brunswick upon the terms and conditions set out in the Agreement of Purchase and Sale attached to M&C 2017-112; and 3. That the Mayor and Common Clerk be authorized to execute all documentation required to effect the sales. MOTION CARRIED with Councillor Reardon voting nay stating that she does not approve of selling watershed land since it is such a valuable commodity. 17.3 Emglovment Contract with Stephen D. Carson The City Manager discussed the City's real estate alignment under the Growth Plan and Mr. Carson's involvement and the transition at Enterprise Saint John to a new Executive Director. MOVED by Councillor MacKenzie, seconded by Councillor Armstrong: RESOLVED that as recommended by the Committee of the Whole having met on May 1St, 2017 Common Council approves the following: That the Mayor and Common Clerk be authorized to execute the Secondment Agreement between the Citv of Saint John. the Greater Saint John Economic Employment Agreement between the City of Saint John and Stephen D. Carson, which commences on October 1St, 2017, in the form submitted. MOTION CARRIED with Councillor Norton voting nay. 18. Adjournment Moved by Councillor MacKenzie, seconded by Councillor Armstrong: RESOLVED that the meeting of Common Council held on May 1, 2017 be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 8:20 p.m. Mayor/ maire Common Clerk/ greffier communal Nouvealu April 13, 2017 Mr. Jonathan! Taylor City of Saint John 15 Market Square Saint John, NB E21411 Dear Mr.'Taylor As Minister of Tourism, Heritage and Culture, I wish to thank you and your organization for your participation in, Heritage Week 2017. This year's theme for Heritage Week was "CelebraUng 150 Years — C616brons 150 ans. " In total, more than 80 events were organized throughout the Province in honour of New Brunswick's role in Confederation, Heritage Week providedNew Brunswickers with an opportunity to kick off a very special year, and we are very proud of our contribution in this regard. Thank you for doing your part in recognizing New Brunswick's leadership legacy during Heritage Week 2017'. Over the days ahead, there will be many activities happening throughout the Province in celebration of the 150th Anniversary of Confederation. I invite you to continue your efforts to bringindividuals together, in celebration of our rich and diverse past. To learn more about activities happening in communities near you, please visit the Canada 150 NB events page (Lp,s_1/cqnada150nbca/), where new information is being added on a reguilarly basis. As a token, of our appreciation for your organization's participation in Heritage Week 2017, enclosed please find a certificate of appreciation. I wish you all' the best in your endeavors during this very special commemorative year. Sincerely, /5 ,../johin B. Ames Minister Enclosure Mlin ister I Min istre Tourism, Heritage and Cufture I Tourisme, Patriimoinie et Culture www,gnbca P.O. Box 1 U 6000 Fredericton New Brunswick / Nouveau -Brunswick E3B 5H1 Canada Te9 / Tel. (506) 453-3009 Fax / TMec, (506) 457-4984 SAI4 P.O. Box 7200, Saint John, New Brunswick E2L 456 Tel: 506-649-6066 Fax: 506-649-6068 April 28, 2017 Jeff Trail City Manager City of Saint John 15 Market Square Saint John, New Brunswick Dear Mr. Trail; As the agent for the City of Saint John regarding Fundy Quay, please find attached four copies of the Supplemental Agreement regarding the lease extension on Fundy Quay between Her Majesty The Queen (Department of Fisheries and Oceans) and the City of Saint John. As previously stated, the Department of Fisheries and Oceans (DFO) will be vacating the property at the end of the lease extension (June 30, 2018). DFO is currently addressing tenders for a new constructed building within Saint John and anticipate relocation June 30, 2018. Once the agreement has been signed, witnessed and initialed please return three copies to the address below. Upon execution of documents by DFO a signed copy will be returned to City of Saint John. Send to: Mr. Jeffery MacDonald Senior Leasing Officer, Real Property Branch Public Works and Government Services Canada 3 Queen Street Charlottetown, PE C1A 4A2 KeiPt Marc:-trOtyre i Gr:,,neral ]Viaroagir r 2 THIS SUPPLEMENTAL AGREEMENT made as of the day of_____ 2017 BETWEEN: 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, as LESSOR AND HER MAJESTY THE QUEEN, in right of Canada as represented by the Minister of Public Works and Government Services acting on behalf of the Minister of Fisheries and Oceans, as LESSEE WITNESSETH WHEREAS by Lease, commencing April 1, 2013, the Lessor leased to the Lessee all that certain tenement or premises commonly known as Lot 2008-2, and depicted on a Subdivision Plan entitled, "H.M. In Right of Canada", dated June 10, 2010, approved by the Development Officer for the City of Saint John on the 241h day of September, 2010 and filed in the Registry Office for the County of Saint John as Plan Number 29301794 on October 1, 2010 ("the Plan") upon the terms, covenants and conditions therein contained, which Lease is now in full force and effect and is hereinafter called the "Lease Agreement", and WHEREAS the parties hereto mutually desire to amend said Lease Agreement, and are entering into this Supplemental Agreement Number 1 for such purpose. NOW, THEREFORE, in consideration of the rent, the premises and other good and valuable consideration, Lessor and Lessee hereby mutually covenant and agree that the Lease Agreement shall be amended as follows: (1) The Lease Agreement shall be extended one (1) year commencing on the first (1") day of July 2017 with the Lessee granting the Lessor the Right to Terminate this Lease at any time on or after the thirty-first (3 l') day of December 2017, by the Lessor serving to the Lessee at least six (6) months prior written notice, such notice may be served at any time on or after the first (1') day of July 2017. (2) The Lessee shall pay rent to the Lessor, subject to the provisions of this Lease, for the period July 1, 2017 to June 30, 2018 the sum of Three Hundred Forty Nine Thousand Six Hundred Seventy Two and 641100 Dollars ($349,672.64) per annum, plus applicable taxes, payable in monthly instalments of Twenty Nine Thousand One Hundred Thirty Nine and 39/100 Dollars ($29,139.39) each, on the last day of each and every month during the period noted. (3) Except as herein amended, the Lease Agreement shall remain in full force and effect in accordance with its terms, provisions and conditions. (4) This Supplemental Agreement Number 1 shall enure to the benefit of and be binding upon the parties hereto, their heirs, executors, administrators, successors and assigns. v -- -- -- — ---J .+--W � uav ii AA FLaVilV CLL14 therefore, the Lessee reserves the right to make this information available to the general public, that is, the address of the Building the name and address of the Lessor ® the commencement date of this Lease the termination date mm the options to renew and dates thereof the area of the leased premises and the Lessor agrees to the disclosure to the public of such information and agrees not to object in any way whatsoever to the disclosure of such information. Agreement Number 1 as of the day and year first above written. Signed, Sealed and Witnessed THE CITY OF SAINT JOHN in the presence of HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by Public Works and Government Services on behalf of Fisheries and Oceans Witness Jeff MacDonald, Senior Leasing Officer May 5t", 2017 City of Saint John 15 Market Square PO Box 1971 Saint John, NB E21_41_1 Dear Mayor and Council, RE: Request for Letter of Support As was the case in 2015, the Human Development Council is applying on behalf of the Community Council on Homelessness (CCH) for federal funding to conduct a 24 hour Point -in -Time Count of the homeless population in Saint John. As you may remember, our last count took place in February of 2016 and was seen as a great success. The upcoming count will take place in March or April of 2018. This activity is research -driven and will provide our community with a better understanding of homeless issues. Having established baseline data with our first count, we anticipate the 2018 count will allow for valuable comparison over the two year period. Our results will also be included in a national study as participating communities across Canada will be using the same methodology. As part of the application for funding we are required to obtain a letter of support from the City. I have included in this email the letter of support received in 2015, for reference. This initiative does not require any funding or in-kind support from the City, simply your expressed endorsement of the effort. If you are interested in learning more about the upcoming Point -in -Time Count, additional information can be found here. If you have any questions or concerns, please do not hesitate to reach out. Kind regards, Michael MacKenzie Community Development Coordinator Human Development Council 506-636-8549 41.1 The City of Saint John NVILIAMIAMALM October 13th, 2015 Patrick Hunter Community Development and Homelessness Partnerships Directorate Employment and Social Development Canada Government of Canada Subject: Point in Time Count To whom it may concern, 1 am writing you today to offer the City's support towards the Human Development Council's application for funding to conduct a 24 hour point in time count of the homeless population in Saint John. We look forward to receiving data to better understand homelessness in Saint John, with the caveat that the point in time count is entirely research -driven, conducted in a respectful manner while upholding the dignity of all those involved. Sincerely, ........' Mayor Mel Norton City of Saint John i Parking Commission Commission �I�I Saint John y II station nemenit de Saint John May 8, 2017 Common Council of The City of Saint John Your Worship and Councilors: Re: Referral of request from Ability New Brunswick RECOMMENDATION It is recommended that Common Council approves an increased fine in the amount of $125.00 for parking on a designated area for disabled persons contrary to paragraph 5(4)(i) of the Saint John Traffic By-law and directs City Solicitor's Office to prepare amendments to the said By -Law. EXECUTIVE SUMMARY Ability New Brunswick put forward a request that the Saint John Parking Commission should increase the fine for parking on a designated area for disabled persons under the Traffic By-law to $172.50 in order to be consistent with the fine imposed for the same offence under the Motor Vehicle Act (the "MVA"). After consultation with the City Solicitor's Office, the following was determined: Paragraph 113(1)(a) of the MVA authorizes Municipalities to make By -Laws regulating the standing or Parking of vehicles. Concurrently, section 113(6) of the MVA provides that a local authority may, by the imposition of penalties not exceeding one hundred and twenty-five dollars ($125.00) for each offence, enforce By -Laws enacted under the authority of the Act. Therefore, the maximum fine that can be imposed for an offence under the Traffic By -Law is $125.00. The City's current practice under the Traffic By -Law as it relates to the fine imposed for parking on a designated area for disabled persons is as follows: There is a fixed penalty of seventy-five ($75.00) dollars if paid within 30 days of the offence; There is a fixed penalty of one hundred ($100.00) dollars if payment is made after 30 calendar days of the offence; and After summary conviction in Provincial Court for said offence, the penalty will be not less than one hundred dollars ($100.00) and not more than one hundred and twenty-five dollars ($125.00). Considering the limitation imposed by section 113(6) of the MVA mentioned above as to the amount that can be imposed for offences under the Traffic By -Law, it is recommended that the City of Saint John amends the said By -Law to increase the fine to one hundred and twenty-five ($125) dollars, to maximize the immediate penalty for those individuals parking on a designated area for disabled persons contrary to paragraph 5(4)(i) of the By -Law. K-11 Respectfully submitted, Marc Dionne Operations Manager, Saint John Parking Commission [Type text] Wel i Parking Commission Commission �I�I Saint John y II station nernent de Saint John May 8, 2017 Common Council of The City of Saint John Your Worship and Councillors: Re: Saint John Parking Meter By -Law Amendment - Schedule "A" Parking Meters RECOMMENDATION That Common Council directs City Solicitor to prepare an amendment to the Saint John Parking By-law as more fully described in a report to Common Council from the Saint John Parking Commission, dated April 26"', 2017. EXECUTIVE SUMMARY Currently, there are three (3) identified parking spaces on Peel Plaza, directly in front of the Saint John Law Courts Building (See inserted picture). There is a parking meter for the Mobility parking space. The Saint John Parking Commission would like to add two (2) parking meters to the other two (2) parking spaces. Based on the above information, the Saint John Parking Commission is requesting that City Solicitor be directed to draft an amendment to the Parking Meter By-law to incorporate "Peel Plaza" in Schedule "A" Parking Meters. Respectfully submitted, Marc Dionne Operations Manager 091 O'Connor, From: Taylor, Jonathan on behalf of External - CornmonClerk Sent: May -03-17 5:32 AM To: O'Connor, Colleen Subject: FW: funding proposal of lesjeux de 1'acadie Follow Up Flag: Follow up Flag Status: Flagged From: Tom Wilkinson[mailto:jot,wilkinson@gmail.com] Sent: May -02-17 12:01 PM To: External - CoimmonClerk Subject: funding proposal of les jeux de U'acadie Good afternoon Mr. Taylor: The Association regionale de la communate francophone de Saint-Jean (ARCF) have made recent presentations to all 3 communities, Saint John, Rothesay and Quispamsis. The article in the Telegraph Journal by Michel Cote, Exec. Director of ARCF stated it was to show case the francophone and acadian athletes in the Atlantic regions. Basically another French agenda event that they want the English-speaking to assist in funding. An estimated budget which now sits at .$500,000 and to which we are all aware that estimates are generally presented low to ensure and secure backing. Our communities would 17e on the hook for 1.0% of the budget, or a minimum of $50,000. 1 am against this outrageous proposal by ARCF. At one time the city of Saint John, a Loyalist city, alloted $100,000 towards Loyalist Day with media exposure for an entire day of family - filled activities, a parade, and ending with a Grand Ball. Now there is no city funding alloted for Loyalist Day. No city funding for Tartan Day for the Scottish. No city funding f or'St. Paddys Day for the Irish No city funding for St. George's Day for the English. These English- speaking cultures in our communities are being discarded as unimportant, but our history, our English-speaking minority cultures need to be celebrated just as the francophone and Acadian history needs to be celebrated. The francophone and acadian cultures are being widely and tavishly show eased and funded, but they are not the only minority culture in NB. Rights to Information documents verify from. Jan. 1st, 2014 to March 31st, 2015 Canadian Heritage over $126 million dollars. ARCF received $140 thousand Societe des jeux de I'Acadie Inc. received $364 thousand Societe nationale de VAcadie received $781 thousand federation des jeunes francophones du. NB $417 thousand societe de I'Acadie du NB received $1.1 million the French -related organizations in NB received from The ARCF they should not be pressuring our English communities to fund them for anything! They have been more than generously funded already. Once your association or organization secures a position on the list for Canadian Heritage, it's guaranteed funding for life. Stastics Canada 2011 indicate that our 3 communities are 95% English-speaking and for a representaffi e of ARCF to change the name of their event to Acadian Games instead of les jeux de YAcadie does not make this an English-speaking friendly or welcoming event. This is not about inclusiveness, this is not about advancing an Atlantic regions sporting events here at the QPlex for all athlete's in our area. This is all about show casing the francophones and acadians in the Atlantic regions. Les jeux de l Acadie is a French event, and should be funded totally by the French associations coffers, they receive ample funding to cover all the costs. Let us not forget, Carayuet in northern NB held this event last year with a shortfall, that is a good indication that the French do not want to be taxed extra for a. French event, so they are targeting English-speaking areas to host it. This year "'les jeux de I'Acadie" is being held in Fredericton (Stats Canada 2011, 10% french popula'(ion in F'ton) and the city already guaranteed that if there is another shortfall this year, then the taxpayers of Fredericton will incur the costs. I shake my head in amazement of how such an ill-advised decision could have been obtained. So now ARCF which is based in Saint John is targeting our 3 English-speaking communities here to support this French event all under the guise that it is a positive endeavour to support all aspects of our population and how this sporting event would greatly benefit r:rs. Stats X31 Canada 2011, Saint John area has a 5% french population base. We have a K-5 school in Quisparnsis, ecole des pioneers that remains at half capacity. We do not have a lot of feancophone families in our regions as Michel Cote insinuates. If goverment funding was proportionally divided, if government funding was equally divided to all the minorities in N13 only then would I support les jeux de ➢"Acadie to be hosted by our communities, but the reality is that government funding is riot distributed proportionally or equally. So before anything gets decided, let it be known there are many English-speaking taxpayers in our 3 neighbouring communities that do not support les jeux de ]'Acadie. if our communities could afford funding of $50,000 it should be better spent than on something other than another French agenda event. There are many other worthy minority events, minority cultures that should be show eased 'before "les jeux de ]'Acadie". 1 would appreciate being allowed to present at the next council meeting so that an informed decision pertaining to whether our 3 communities should play host to the les jeux de ➢'Acadie 2020, incurring the 10% estimated budget casts, when ARCF and the French associatons pertaining to this event have a surplus of federal and provincial funding to cover the entire cost. Is it reasonable to disperse public funding when our english speaking youths are excluded from participating? Bottom line, this is about money and being excluded. I want to state that 1 am not against the les jeux de i"Acadie, I'm against being host to it and being on the hook for a minimum 10% of the estimated budget, a number frorn 2010 which Mr. Cote believes will remain the same. Everything has increased in funding in the past 10 years,, this event will be no different, it will be significantly higher than the projected 2010 budget cost. I would appreciate knowing the time, date and guidelines that is required for arse to do a presentation. Beth Wilkinson 849-7724 Beth Wilkinson X32 COUNCIL REPORT M&C No. 2017-120 Report Date May 03, 2017 Meeting Date May 15, 2017 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: SCDWP - South Bay Wellfield Designation OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Gerry Mattsson Brent McGovern m I Jeff Trail RECOMMENDATION That the City Manager be authorized to direct City Staff to begin the wellfield designation process under the Clean Water Act, Regulation 2000-47 prior to distributing well water from South Bay. EXECUTIVE SUMMARY The Minister of Environment and Local Government's Certificate of Determination (Minister's Determination) includes, as a condition to proceed with the exploration of groundwater in the South Bay area, the requirement of The City of Saint John to adopt a Resolution of Council initiating the wellfield designation process under the Clean Water Act. This process would result in the designation of a Wellfield Protected Area around the South Bay wells to prevent water contamination. The New Brunswick Minister of Environment, under the Clean Water Act, would issue a Wellfield Protected Area Designation Order. This Order identifies zones which encompass the recharge area associated with and surrounding the wellfield. The Wellfield Protected Area would be divided into three smaller zones, Zone A, Zone B and Zone C in which specific land use activities would have restrictions applied. PREVIOUS RESOLUTION Common Council at its meeting on March 11, 2013 approved the exploration for groundwater (M&C 2013-40). 091 -2 - STRATEGIC ALIGNMENT This report aligns with Council's Priority for Sustainable Infrastructure by ensuring the area surrounding the South Bay Wellfield is protected thus minimizing potential risk of contamination of the groundwater supply. REPORT The Safe, Clean Drinking Water Project will provide the citizens of West Saint John with a new source of drinking water. Upon completion, water from Spruce Lake will be used both as an emergency backup to the new groundwater supply and for industrial purposes. Three production wells will provide all of the drinking water for all Saint John Water customers west of the Saint John River whom are connected to the municipal water system. Therefore, the designation of the wellfield as a Wellfield Protected Area will help in the protection of the groundwater supply at South Bay (future drinking water source) from becoming contaminated. This is a proactive approach to maintaining both the water quality and quantity of municipal groundwater supplies. A wellfield protected area is the area (surface and subsurface) surrounding a water well or wellfield which supplies a public water supply system. In a wellfield protected area, there are prohibitions or limitations on chemical storage and land use activities. Certain activities carried out near the wells could adversely impact water quality. The most concerning of potential groundwater contaminants can be included into five general groups: 1. Bacteria and viruses (Sources: septic systems/sewer lines, animal waste) 2. Petroleum products and solvents (Sources: home heating tanks or underground tanks, paint thinners) 3. Chlorinated solvents (Sources: dry cleaning fluids, metal degreasers) 4. Pesticides (Sources: lawn care/agricultural/forestry management chemicals) 5. Inorganic contaminants (Sources: road salt, inorganic fertilizers) Wellfield Protected Area Designation Orders work by preventing water contamination in the first place. By placing restrictions on land use activities and controlling quantities of harmful substances permitted within the protected area, the potential for contaminating the wells is greatly reduced. Under the guidance of BGC Engineering Inc. (SCDWP Groundwater Advisor) the recharge area surrounding the South Bay wellfield will have Zones identified and designated. The Wellfield Protected Area will have three zones; Zone A, Zone B, and Zone C as shown in the attached figure. These zones reflect the fact that 011 -3 - different contaminants persist in the environment for different time -frames, move at different rates and pose different health risks. Zone A is the closest to the wells and is therefore the most environmentally sensitive. Zone A includes the most stringent controls on chemical storage, development and other activities as the risk of contamination is the greatest in this area. It is generally accepted that bacteria and viruses will be eliminated when their residence time (time of travel to the wellhead) is greater than 250 days. Zone B is more distant from the wells and surrounds Zone A. The risk of bacterial contamination from land use is greatly reduced in Zone B, but significant pollution risks still persist from petroleum products, chlorinated solvents and other persistent chemicals or activities. This zone is defined by a 5 -year groundwater travel time; sufficient time for petroleum contaminants to break down based on permitted volumes. Zone C surrounds Zones A and B and is located furthest from the wellhead. Controls on some chemicals or activities are much less stringent in Zone C but are still required for chlorinated solvents and petroleum products. Zone C is defined by a 25 -year groundwater travel time. An example of the more common permissible activities under a designation order can be found in the attached Table 1 from the New Brunswick Department of Environment's document, "An Overview of New Brunswick's Wellfield Protection Program". It is important to note that every activity, thing or use that is permitted in a Zone A is permitted in Zone B or Zone C and every activity, thing or use that is permitted in Zone B is permitted in Zone C, unless otherwise indicated. SERVICE AND FINANCIAL OUTCOMES The cost of completing the Wellfield Designation Process is included within the budget of the Safe, Clean Drinking Water Project. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Saint John Water Operations ATTACHMENTS PDF — Sample Illustration of a Wellfield Protected Area. PDF — "Table 1: Sample of Activities Permitted in Zones A, Band C, - This table reflects the more common, permissible activities under the Designation Order. W Q W Q W F- U U W F- 0 0 a J W LL J J W Q LL 0 z _0 F- F - (A HN D J J W J a Q N NOV SAMPLE Table 1: Activities Permitted in Zones A, B and C Permitted Activities Permitted Activities Permitted Activities Permitted Activity in Zone A in Zone B in Zone C (see Section 5 of (see Section 6 of (see Section 7 of Designation Order) Designation Order) Designation Order) Liquid Petroleum Can store liquid Can store liquid Can store liquid Storage (i.e. home petroleum products petroleum products petroleum products heating oil, diesel, up to a total of 25 up to a total of up to a maximum of gas, kerosene, L, excluding fuel 1200 L, excluding 2000 L. hydraulic fluid) contained in fuel tanks fuel contained in of motor vehicles. fuel tanks of motor Can install one or vehicles, provided more new liquid Can install one or more that the storage tanks petroleum storage new liquid petroleum possess a secondary tanks up to a storage tanks up to system that contains maximum capacity of a maximum capacity the product without 2000 L. of 25 L. leaking if the original fuel tank fails and Can use liquid is acceptable to the petroleum that is Minister. stored on a parcel of land to provide heat Can repair or install or power to a building new and existing as long as the liquid liquid petroleum petroleum is situated storage tanks up to on the same parcel of a total maximum land as the building. capacity of 1200 L, provided that all tanks possess a secondary containment system as described above. Can store up to 75 L of liquid petroleum product in new or existing single -walled containers. Pesticides Storage Can store pesticides up Can store pesticides Can store pesticides and Application to a total weight of 10 up to a total of up to a total weight kg or total volume of 15 kg or total volume of 50 kg or total 10 L, whichever is less. of 15 L, whichever volume of 50 L, is less. whichever is less. Can apply pesticides using manufacturer - recommended amounts and concentrations, provided that you (1) wash or dispose of pesticide containers outside the Wellfield Protected Area (2) store 37 J R Table 1: Activities Permitted in Zones A, B and C Permitted Activities Permitted in Activities Permitted Activities Permitted Activity Zone A in Zone B in Zone C (see Section 5 of (see Section 6 of (see Section 7 of Designation Order) Designation Order) Designation Order) Pesticides and clean any pesticide Storage and application equipment Application outside Zone A (3) hold contd... a certificate as required to in Table 2 of this by the Pesticides Control Guide, provided that Act if you are applying stated under Zone A of that non-domestic pesticides as you do not exceed the defined under that Act. Gardening and Can do routine gardening (Same as Activities (Same as Activities Fertilizers and lawn maintenance, Permitted in Zone A) Permitted in Zones A including compost for and B) residential purposes. Can apply lawn fertilizers (other than animal manure) between April 1 and October 31, at a rate not exceeding 75 kg in total weight or 75 L in total volume, whichever is less, per hectare per year. Can store fertilizers (other than animal manure) up to 75 kg in total weight, or 75 L in total volume, whichever is less Can apply packaged/ manufactured/processed compost products that do not contain pathogens (disease causing organisms). Other Can store or use chemicals Can store or use Can store or use Chemicals referred to in Table 2 of this chemicals referred chemicals referred Guide, provided that you to in Table 2 of this to in Table 2 of this do not exceed the amounts Guide, provided that Guide, provided that stated under Zone A of that you do not exceed the you do not exceed the Table. amounts stated under amounts stated under Zone B of that Table. Zone C of that Table. 0 Table 1: Activities Permitted in Zones A, B and C Permitted Activities Permitted in Activities Permitted Activities Permitted Activity Zone A in Zone B in Zone C (see Section 5 of (see Section 6 of (see Section 7 of Designation Order) Designation Order) Designation Order) Recreational Can carry out recreational Activities activities. Agriculture Can use, maintain and repair existing recreational facilities including swimming pools, parks, playgrounds, golf courses, ball fields, tennis courts, basketball courts, trails and skating rinks. Can conduct existing agricultural activities including the use and renovation of farm buildings, provided that (1) surface waters continue to flow away from all wellheads in all zones (2) livestock are not grazed or stabled in Zone A (3) liquid or other dry manure or pathogen source composted products are not spread or stored in Zone A (4) roads constructed for agricultural purposes are properly ditched as to direct surface water away from all wellheads within the Wellfield Protected Area. May store or apply packaged/processed compost products that do not contain pathogens (disease causing organisms). Can possess and apply fertilizer for agricultural purposes according to an approved fertilizer management strategy by a registered agrologist. Can construct (Same as Activities recreational facilities, Permitted in Zones A except golf courses. and B) Can conduct existing agricultural activities including the use and renovation of farm buildings, plus the storage and spreading of manure, provided that (1) grazing land is fenced to prevent livestock from entering in Zone A (2) fencing or some other suitable device is used to keep livestock at least 30m away from any surface water that flows from Zones B or C into Zone A (3) liquid or dry manure is stored in a clay -lined pit, a steel or concrete structure, or some other government - approved containment system (4) manure produced during agricultural operations is disposed of outside the Wellfield Protected Area if it is not spread in Zones B or C. 39 (Same as Activities Permitted in Zones A and B) 7 Table 1: Activities Permitted in Zones A, B and C Permitted Activities Permitted Activities Permitted Activities Permitted Activity in Zone A in Zone B in Zone C (see Section 5 of (see Section 6 of (see Section 7 of Designation Order) Designation Order) Designation Order) Road Construction Residential Buildings: Existing Can use and maintain existing roads, provided that they are properly ditched to direct surface water away from all wellheads within the Wellfield Protected Area. Can store road salt up to a maximum of 50 kg. Can use, renovate, maintain or rebuild a multiple or single- family house plus associated outbuildings when it is serviced by existing sanitary sewers. Can use, renovate or maintain any existing multiple or single family house with an on-site septic system that meets Health Act standards, provided that you do not increase the house's floor area; can also repair that septic system. If a house with an on-site septic system is irrevocably damaged, the house can be rebuilt, provided that the new home is not closer to a production well than the original house and that the only outbuilding is a garage. .N Can construct, use and maintain new or existing roads, provided that they are properly ditched to direct surface water away from all wellheads within the Wellfield Protected Area. (Same as Activities Permitted in Zones A and B) (Same as Activities (Same as Activities Permitted in Zone A) Permitted in Zones A and B) Table 1: Activities Permitted in Zones A, B and C Permitted Activities Permitted Activities Permitted Activities Permitted Activity in Zone A in Zone B in Zone C (see Section 5 of (see Section 6 of (see Section 7 of Designation Order) Designation Order) Designation Order) Residential Buildings: New Can build a new multiple or single family house and outbuilding provided that it is serviced by existing sanitary sewers and that all other wastes are disposed of outside the Wellfield Protected Area. Commercial, Can maintain or Institutional renovate existing or Industrial commercial, Buildings Institutional or institutional or industrial buildings, industrial buildings, provided that existing provided that sanitary sanitary sewers service sewers service the the buildings and that buildings and that all other wastes are all other wastes are disposed outside the disposed outside the Wellfield Protected Wellfield Protected Area. Can build, use, renovate or maintain any existing multiple or single family house with an on-site septic system that meets Health Act standards, provided that you do not increase the house's floor area; can also repair the septic system. (Same as Activities Permitted in Zones A and B) Can construct, Can construct, maintain, or maintain or renovate renovate new or new or existing existing commercial, commercial, institutional or institutional or industrial buildings, industrial buildings, provided that sanitary provided that (1) sewers service the building is serviced by buildings and that sanitary sewers or (2) all other wastes are building is serviced disposed outside the by an on-site septic Wellfield Protected system used by no Area. more than 25 people per hectare of land that the building is serviced on, and (3) all other wastes are disposed outside the Wellfield Protected Area. 41 9 IN SAMPLE Table 1: Activities Permitted in Zones A, B and C Permitted Activities Permitted Activity in Zone A (see Section 5 of Designation Order) Activities Permitted in Zone B (see Section 6 of Designation Order) Activities Permitted in Zone C (see Section 7 of Designation Order) Forestry Can remove dead or Can cut down trees (Same as Activities blown -down trees in forested areas, Permitted in Zones A from forested areas. provided that (1) and B) no more than 1/3 Can cut trees in of the total trees forested areas for the on the property are protection against cut down within insects or disease any 10 -year period if approved by the (2) none of the Minister. resultant openings in the forest canopy Can cut down trees are larger than 300 and other vegetation square metres (3) in non -forested areas. a well distributed stand of trees and other vegetation is maintained on the property. Can cut down trees in forested area if the Minister approves the activity. Other Can use or store Can drill, dig, use, (Same as Activities propane gas. maintain or repair Permitted in Zones A a well. and B) Can construct and repair a natural gas pipeline. Can use, maintain or repair an existing well. :A DE SAI LISsocia ion Wiona e de la Communaute francophone do Saint-Jean inc. Saint-Jean, le 10 mai 2017 A: Mr. Jeff Trail, General Manager City of Saint -John 15 Market Square, Saint John, NB E2L 4L1 DE: Mr. Michel Cote, Directeur general de 1' ARCf Dear Mr. Trail, I wanted to know if it was possible to make a presentation at the June 12th council meeting about the Acadian games. Over the last couple of weeks you received some information regarding the games such as the memorandum of understanding. I would like to have the chance to tell you more about the games and the great benefits that it would bring to our region. I'll be waiting to hear from you and thank you in advance for considering my request. Sincerely, !191 Michel Cote, Directeur general COUNCIL REPORT M&C No. 2017-119 Report Date May 02, 2017 Meeting Date May 15, 2017 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT. Contract No. 2017-07. Currie Avenue — Street Reconstruction — Water Main, Sanitary and Storm Sewer Installation OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Joel Landers Brent McGovern/ Brian Keenan Jeff Trail RECOMMENDATION It is recommended that Contract No. 2017-07: Currie Avenue — Street Reconstruction — Water Main, Sanitary and Storm Sewer Installation be awarded to the low Tenderer, Galbraith Construction Ltd., at the tendered price of $647,255.65 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award Contract No. 2017-07: Currie Avenue — Street Reconstruction — Water Main, Sanitary and Storm Sewer Installation to the low Tenderer. 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 Capital Program Adjustments Approved. !ElI -2 - STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. REPORT BACKGROUND The approved 2017 General Fund and Water & Sewerage Utility Fund Capital Programs include funding for the installation of water main, sanitary and storm sewers, as well as street reconstruction of Currie Avenue which includes new concrete curb and sidewalk, asphalt surface and landscaping, between Visart Street and Pugsley Avenue. TENDER RESULTS Tenders were closed on May 2, 2017 with the following results, including HST: 1. Galbraith Construction Ltd., Saint John, NB $ 647,255.65 2. Midi Construction Ltd., Saint John, NB $ 697,259.38 3. TerraEx Inc., Saint John, NB $ 719,033.76 4. Debly Enterprises Ltd., Saint John, NB $ 875,638.75 The Engineer's estimate for the work was $ 943,500.00, including HST. ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work and recommend acceptance of their tender. Work is expected to begin in June and be completed by the end of August 2017. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2017 General Fund and Water & Sewerage Utility Fund Capital Programs. This work is partially funded under the Clean Water Wastewater Fund. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. !1'7 -3 - The analysis is as follows: Budget $ 815,000 Project net cost $ 633,860 Variance (Surplus) $ 181,140 POLICY—TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. SERVICE AND FINANCIAL OUTCOMES The municipal infrastructure on this street is in poor condition and requires replacement. The renewal of the infrastructure will reduce the likelihood of future service disruptions to the local residents and businesses due to infrastructure failures. This project will be completed within the original approved financial budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A COUNCIL REPORT M&C No. 2017-121 Report Date May 05, 2017 Meeting Date May 15, 2017 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT. Contract No. 2017-04: Pokiok Road and McLellan Street — Water, Sanitary, Storm and Street Reconstruction OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadtJeffTrail Manager David Russell Brent McGovern /Brian Keenan RECOMMENDATION It is recommended that Contract No. 2017-04: Pokiok Road and McLellan Street — Water, Sanitary, Storm and Street Reconstruction be awarded to the low Tenderer, Galbraith Construction Ltd. at the tendered price of $2,170,957.93 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award Contract 2017- 04: Pokiok Road and McLellan Street — Water, Sanitary, Storm and Street Reconstruction to the low Tenderer. 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 Capital Program Adjustments Approved. -2 - STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. REPORT I*.&T005e1109111►U1 The approved 2017 General Fund and Water & Sewerage Utility Fund Capital Programs include funding for the renewal of the existing watermains and sanitary sewers, installation of separate storm sewers and full street reconstruction on Pokiok Road from Spar Cove Road to the end, McLellan Street from Pokiok Road to Highland Road, and Belleview Avenue from Pokiok Road to Civic # 32. This project will also involve the installation of a new sanitary lift station on Pokiok Road. TENDER RESULTS Tenders closed on May 3, 2017 with the following results, including HST: 1. Galbraith Construction Ltd., Saint John, NB $ 2,170,957.93 2. TerraEx Inc., Saint John, NB $ 2,282,826.76 3. Fairville Construction Ltd., Saint John, NB $ 2,387,467.28 4. Debly Enterprises Ltd., Saint John, NB $ 2,573,562.77 The Engineer's estimate for the work was $2,909,000, including HST. ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. Work is expected to begin in June and continue until October, 2017. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2017 Water & Sewerage Utility Fund and General Fund Capital Programs. Partial funding for this project will come from the Clean Water Wastewater Fund. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. !E:3 -3 - The analysis is as follows: Budget $ 2,801,250 Project net cost $ 2,150,000 Variance (Surplus) $ 651,250 POLICY—TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. SERVICE AND FINANCIAL OUTCOMES The municipal infrastructure in this area is in poor condition and requires replacement. The renewal of the infrastructure will reduce the likelihood of future service disruptions to the local residents and businesses due to infrastructure failures. This project will be completed within the original approved financial budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/a ATTACHMENTS N/a COUNCIL REPORT M&C No. 2017-126 Report Date May 09, 2017 Meeting Date May 15, 2017 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Public Information Session: McAllister Drive Water Main Renewal — Phase 2 (#402 McAllister Drive to Mountain View Drive) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Susan Steven -Power 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 a Public Information Session that will be held in relation to the McAllister Drive — Water Main Renewal — Phase 2 (#402 McAllister Drive to Mountain View Drive) project and to update Council on the status of the project. PREVIOUS RESOLUTION November 14, 2016 - 2017 Water & Sewerage Utility Fund Program approved. March 6, 2017 - 2017 Water & Sewerage Utility Fund Capital Program Adjustments approved. 61191 -2 - STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. REPORT The approved 2017 Water & Sewerage Utility Fund Program includes a project for the renewal of water main on McAllister Drive, from #402 McAllister Drive to Mountain View Drive. This project is to be partially funded by the Clean Water Wastewater Fund. Staff looks forward to the tender closing in late -May 2017. Construction is expected to begin in June 2017 and continue until September 2017. This is a project that will impact the local area during construction. It is for this reason that staff have decided to hold a Public Information Session to allow local residents and business owners an opportunity to view the project design drawings, ask questions and give their feedback. The Public Information Session will be held at Threshold Ministries at 105 Mountain View Drive on Tuesday, May 16, 2017, from 2-4 p.m. and 6-8 p.m. This report is being provided for the information of Council and to extend an invitation to any Councillors who may wish to attend the Public Information Session. The Public Information Session will be advertised and a bilingual copy of the attached notice will be delivered door to door in the project area. SERVICE AND FINANCIAL OUTCOMES The water main on McAllister Drive is in poor condition and requires replacement. The renewal of the water main will reduce the likelihood of future service disruptions to the local residents and businesses due to infrastructure failures. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS Public Information Session Notice 51 The City of Saint John PUBLIC INFORMATION SESSION WALLISTER DRIVE -WATER MAIN RENEWAL - PHASE 2 (#402 WALLISTER DRIVE TO MOUNTAIN VIEW DRIVE) The City of Saint John will be renewing the water main on McAllister Drive from the Pressure Reducing Valve at #402 McAllister Drive to Mountain View Drive. The project includes the installation of new water main and services as well as reinstatement of concrete curb, concrete sidewalk and asphalt as required. Construction is expected to begin in June and continue into September 2017. Prior to construction, another notice will be distributed to inform residents and business owners of the actual construction schedule. Although there will be water interruptions and delays in traffic, it is our intent to keep these inconveniences to a minimum. This project is part of the City's ongoing commitment to continually improve its infrastructure. This project is part of the 2017 City of Saint John Water & Sewerage Utility Fund Capital Program. Representatives from the City of Saint John 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: Tuesday, May 16th, 2017 Time: 2:00 — 4:00 pm and 6:00 — 8:00 pm Location: Threshold Ministries 105 Mountain View Drive For further information about this project, contact the City of Saint John at (506) 658-4455. *Please note — this facility is fully accessible.* 61► COUNCIL REPORT M&C No. 2017-129 Report Date May 09, 2017 Meeting Date May 15, 2017 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Microsoft Business and Services Agreement OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Brian Woods Stephanie Rackley -Roach / Neil Jacobsen Jeff Trail RECOMMENDATION Resolved: 1. That the City enter into a three (3) year term Enterprise Enrollment Agreement with Microsoft Corporation for Volume Licensing Renewal of Microsoft's Software as outlined in the form attached to M&C No. 2017- 129 2. That the Mayor and Common Clerk be authorized to execute the necessary documents. EXECUTIVE SUMMARY In 2013 the City entered into a three (3) year Business and Services Agreement with Microsoft for Software Assurance and in 2016 this agreement was extended for one year. This agreement expired on May 1St, 2017. In order to continue to use and benefit from Microsoft software, the City is required to execute a Business and Services Agreement with Microsoft. In the past year the Information Technology (IT) team has undertaken a review and audit of the City's Microsoft licensing requirements. This review considered current requirements, strategic priority changes for the City over next three years, recent changes in the options for the delivery of IT service (i.e., cloud computing), and changes to Microsoft's licensing rules. The result is a $10,000 a year reduction in licensing costs to a budgeted $176,385.72 per year for the life of the agreement. 6V -2 - PREVIOUS RESOLUTION None. STRATEGIC ALIGNMENT The Microsoft operating system, Windows, and the Microsoft Office products (Word, Excel, PowerPoint, etc.) are integral to City operations. The agreement will also allow provide fiscal stability and enable strategic policies and improvements. BACKGROUND INFORMATION The City uses a number of Microsoft software products. These include the: • Operating Systems (OS) for 639+ desktop computers, laptops, and tablets; • Microsoft Office Suite (Word, Excel, PowerPoint, etc.); • Operating Systems for 155 servers; and • Application software for servers (e.g. email —Exchange, internal web site service — SharePoint, databases — SQL). This software listed above is used by 1,000+ employees. More importantly, this software powers and enables City communication systems (saintjohn.ca, email), financial systems, protective services (911 dispatch, Police records, Fire Resource Management), road maintenance tracking, Saint John Water utility infrastructure monitoring and design, property planning, and Council agendas for the citizens of Saint John. It is important that these enabling technologies remain secure, up to date, and operating. As such the majority of the expenditure associated with the Business and Services Agreement is for Software Assurance (SA) enrollment. Software Assurance (SA) enables the City to use the latest version of software, take advantage of technology advancements available in version upgrades, and provide training and support for staff. The SA also affords licenses for a training lab, staff online training content and software, and gives Information Technology staff access to senior Microsoft planning and technical support services. These services provide in-depth deployment planning expertise from qualified Microsoft partners or Microsoft services to help plan deployments or migrations. In 2013 the maintenance costs were set at $172,500 per year and through the previous agreement this cost was fixed for three years. During the duration of this agreement a number of systems were added most notably thirteen (13) additional databases. As a result in 2016 the yearly maintenance cost increased by close to 8% to 186,300. 6'i! -3 - Over the last year IT staff along with a Microsoft partner performed an audit and license optimization process. This process resulted in a reduction in server and database licensing and removal of unnecessary software. The process also included investigating Office 365, Continuous Improvement initiatives and potential new council priorities, and potential changes in City Hall. These efforts and changes to Microsoft's licensing process have resulted in a yearly licensing cost of $176,400 which represents a 5.3% decrease per year from 2016 expenditures of $186,300 (or approximately 0.5% increase over the 2013 agreement cost). The licensing portfolio recommended is optimal, enabling and strategically aligned with the coming changes in City Hall and service delivery paradigms available. SERVICE AND FINANCIAL OUTCOMES The City will expend $176,385.72 in 2017 and for the next three (3) years on Microsoft licensing. Funds were budgeted in 2017 and are built into the City's internal Desktop Chargeback Fund. Future costs will be included in the chargeback costs to service areas in the coming operating budgets. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City's Materials Management staff have reviewed the report and process, and supports the recommendation. The City's Legal Service has reviewed the contract and is supportive of the recommendation and resolution. ATTACHMENTS • Microsoft Business and Services Agreement 6191 l ��4 Pfi :u°tsoft r,,)I .�ume Lla:ew ing Enterprise Enrollment (Direct) Corporate Enterprise Enrollment number Previa us Enrollment number 8207127 somvareaonaorm wnrvete This Enrollment must be attached to a signature form to be valid. This Microsoft Enterprise Enrollment is entered into between the entities identified on the signature form as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or Customers Affiliate, that entered into the Enterprise Agreement identified on the signature form. This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement identified on the signature forth, (3) the terms of either the Microsoft Business Agreement or Microsoft Business and Services Agreement ("Master Agreement") identified on the signature form, (4) the Product Selection Form, (5) the Customer Price Sheet, (6) the Product Terms, (7) the Online Service Terms, (8) any Supplemental Contact Information form, Previous Agreement/Enrollment form and other forms that may be required, (9) the Online Services Supplemental Terms and Conditions if Customers Master Agreement is a version 2009 or earlier and Enrolled Affiliate is ordering Online Services,. and (10) any order submitted under this Enrollment. This Enrollment may only be entered into under 2011 or later Enterprise Agreement. By entering into this Enrollment, Enrolled Affiliate agrees to be bound by the terms and conditions of the Enterprise Agreement and the Master Agreement Effective date. If Enrolled Affiliate is renewing Software Assurance or: Subscription Licenses from one or more previous Enrollments or agreements, then the effective date will be the day after the first prior Enrollment or agreement expires or terminates. If this Enrollment is renewed, the effective date of the renewal term will be the day after the Expiration Date of the initial term. Otherwse, the effective date will be the date this Enrollment is accepted by Microsoft. Any reference to "anniversary date' refers to the anniversary of the effective date of the applicable initial or renewal term for each year this Enrollment is in effect.' Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months from the effective date of the initial term. The renewal term will expire 36 full calendar months after the effective date of the renewal term. Any reference in this Enrollment to "day' will be a calendar day. Prior Enrollment(s). If renewing Software Assurance or Subscription Licenses from another Enrollment or agreement, the previous Enrollment or agreement number must be identified in the appropriate box above. If renewing from multiple Enrollments or agreements, or transferring Software Assurance or MSDN details, the Previous Agreement/Enrollment forth must be used. Terms and Conditions 1. Definitions. Terms used but not defined in this Enrollment will have the definifion in the Enterprise Agreement and applicable Master Agreement. The following definitions also apply: "Additional Product" means any Product idenfified as such in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. FA2017Enr(Dirj(NA)(EN6)(Feb2Ol7l) Pgge 1 af Document X20-10387 2. Order requirements. a. Minimum order requirements. Enrolled Affiliate's Enterprise must have a minimum of 500 Qualified Users or Qualified Devices. The initial order must include at least 500 Licenses in a single Product pool for Enterprise Products or Enterprise Online Services. (i) Enterprise commitment. Enrolled Affiliate must order enough Licenses from the Product pool for each Enterprise Product ordered to cover all Qualified Users and/or all Qualified Devices. Enrolled Affiliate may elect to mix Enterprise Products and Enterprise Online Services within a Product pool as long as all Qualified Devices not covered by a License are only used by users covered with a user License. (ii) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled Affiliate need only maintain at least 500 Subscription Licenses for Enterprise Online Services. b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products and Services. c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has more restrictive use rights than the version that is current at the start of the applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled Affiliate's use of that Product during that term. d. Country of usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders. e. Software Advisor:. Enrolled Affiliates must select and work with a Software Advisor authorized in Enrolled Affiliate's location. The Software Advisor will assist in the preparation of the order and then transmit the order to Microsoft. Microsoft may pay fees to Software Advisors and other third parties Microsoft authorizes to assist Enrolled Affiliates in exchange for their advisory services. Software Advisors and other third parties do not have authority to bind or impose any obligation or liability on Microsoft f. Adding Products (i) Adding new Products not previously ordered. New Enterprise Products or Enterprise Online Services may be added at any time by contacting a Microsoft Account Manager or Software Advisor. New Additional Products, other than Online Services, may be used if an order is placed in the month the Product is first used. For Additional Products that are Online Services, an initial order for the Online Service is required prior to use. (ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products other than Online Services may be added at any time but must be included in the next true -up order. Additional Licenses for Online Services must be ordered prior to use unless the Online Services are (1) identified as eligible for true -up in the Product Terms or (2) included as part of other Licenses. g. True -up requirements. Enrolled Affiliate must submit an annual true -up order that accounts for any changes since the initial order or last order. If there are no changes, then an update statement must be submitted instead of a true -up order. (i) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the number of Qualified Devices and Qualified Users (if ordering user -based Licenses) at the time the true -up order is placed and must order additional Licenses for all Qualified Devices and Qualified Users that are not already covered by existing Licenses, including any Enterprise Online Services. (ii) Additional Products. For Additional Products that have been previously ordered under this Enrollment, Enrolled Affiliate must determine the maximum number of Additional Products used since the latter of the initial order, the last true -up order or the prior anniversary date and submit a true -up order that accounts for any increase. EA2017Enr(Dir)(NA,(EN6,(Feb2Ol7l) Pgge3 af Document X20-10387 "Customer Price Sheet" means the written statement provided to Enrolled Affiliate that contains Enrolled Affiliate's initial order and associated pricing. "Enterprise Online Service" means any Online Service designated as an Enterprise Online Service in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted. "Enterprise Product" means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products must be licensed for all Qualified Devices and Qualified Users on an Enterprise -wide basis under this program. "Expiration Date" means the date upon which the Enrollment expires. "Industry Device" (also known as line of business device) means any device that: (1) is not useable in its deployed configuration as a general purpose personal computing device (e.g., personal computer), a mulfi-function server, or a commercially viable substitute for one of these systems, and (2) only employs an industry or task -specific software program (e.g., a computer-aided design program used by an architect or a point of sale program) ("Industry Program"). The device may include features and functions derived from Microsoft software or third -party software. If the device performs desktop functions (e.g., email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program functionality, and (2) must be technically integrated with the Industry Program or employ technically enforced policies or architecture to operate only when used :with the Industry Program functionality. "Managed Device" means any device on which any Affiliate in the Enterprise directly or indirectly controls one or more operating system environments. Examples of Managed Devices can be found in the Product Terms. "Qualified Device" means any device that is used by or for the benefit of Enrolled Affiliate's Enterprise and is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running Windows Pro locally (in a physical or virtual operating system environment), or (2) a device used to access a virtual desktop infrastructure ("VDI"). Qualified Devices do not include any device that is: (1) designated as a server and not used as a personal computer, (2) an Industry Device, or (3) not a Managed Device. At its option, the Enrolled Affiliate may designate any device excluded above (e.g., Industry Device) that is used by or for the benefit of the Enrolled Affiliate's Enterprise as a Qualified Device for all ora subset of Enterprise Products or Online Services the Enrolled Affiliate has selected. "Qualified User" means a person (e.g., employee, consultant, confingent staff) who: (1) is a user of a Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access License or any Enterprise Online Service. It does not include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms. "Reserved License" means for an Online Service idenfified as eligible for true -up in the Product Terms, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service available for activation. "Software" means licensed copies of Microsoft software identified in the Product Terms. Software does not include Online Services or Services Deliverables, but Software may be part of an Online Service. "Software Advisor" means an entity authorized by Microsoft and engaged by an Enrolled Affiliate to provide pre- and post -transaction assistance related to this agreement. "Use Rights" means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site. The Use Rights supersede the terms of any end user license agreement (on-screen or otherwise) that accompanies a Product. The Use Rights for Software are published by Microsoft in the Product Terms. The Use Rights for Online Services are published in the Online Services Terms. Eae017Enrtoir/(NAL(ENSL(Feb2Ol71LPgge 2 af9 "tDacum t X20-10387 (iii) Online Services. For Online Services identified as eligible for true -up in the Product Terms, Enrolled Affiliate may place a reservation order for additional Licenses prior to use, and payment may be deferred unfil the next true -up order. Microsoft will provide a report of Reserved Licenses ordered but not yet invoiced to Enrolled Affiliate and its Software Advisor. Reserved Licenses will be invoiced retroactively to the month in which they were ordered. (iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of Subscription Licenses at the Enrollment anniversary date on a prospective basis if permitted in the Product Terms, as follows: 1) For Subscription Licenses that are part of an Enterprise -wide purchase, Licenses may be reduced if the total quantity of Licenses and Software Assurance for an applicable group meets or exceeds the quantity of Qualified Devices or Qualified Users (if ordering user -based Licenses) identified on the Product Selection Form, and includes any additional Qualified Devices and Qualified Users added in any prior true -up orders. Step-up Licenses and add-on Subscription Licenses do not count towards this total count. 2) For Enterprise Online Services in a given Product pool that are not a part of an Enterprise -wide purchase, Licenses can be reduced as long as the initial order minimum requirements are maintained. 3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate's use of the applicable Subscription License will be cancelled.. Invoices will be :adjusted to reflect any reductions in Subscription Licenses at the true -up order Enrollment anniversary date and effective as of such date. (v) Update statement. An update statement must be submitted instead of a true -up order if, since the initial order or last We -up order, Enrolled Affiliate's Enterprise: (1) has not changed the number of Qualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services, and (2) has not increased its usage of Addifional Products. This update statement must be signed by Enrolled Affiliate's authorized representa five. (vi) True -up order period. The true -up order or update statement must be received by Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The third - year true -up order or update statement is due within 30 days prior to the Expiration Date, and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate may submit true -up orders more often to account for increases in Product usage, but an annual true -up order or update statement must still be submitted during the annual order period. (vii) Late true -up. If the true -up order or update statement is not received when due, Microsoft will invoice Enrolled Affiliate for all Reserved Licenses not previously invoiced, and Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable). h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher edition or suite as follows: (i) For step-up Licenses included on a Customer Price Sheet, Enrolled Affiliate may order according to the true -up process. (ii) If step-up Licenses are not included on a Customer Price Sheet, Enrolled Affiliate may step-up initially by following the process described in the Section fified "Adding new Products not previously ordered," then for additional step-up Licenses, by following the true -up order process. FA2017Enr(Dirj(NAL(EN6L(Feb2Ol71LPgge 4 af9 "t56 Dncom t X20.10387 i. Clerical Errors. Microsoft may correct clerical errors in this Enrollment, and any documents submitted with or under this Enrollment, by providing notice by email and a reasonable opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor mistakes, unintentional additions and omissions. This provision does not apply to material terms, such as the identity, quantity or price of a Product ordered. j. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance with this Enrollment as set forth in the Master Agreement. 3. Pricing Price levels. Each Product is assigned to a Product pool as shown in the Product Tens. Price levels (A, B, C or D) are set separately for each pool. Price levels for the applicable Product pools are set forth in the Product Selection Form. It. Setting prices. Except for Online Services designated in the Product Tens as being exempt from fixed pricing, Enrolled Affiliate's prices for each Product or Service ordered will be fixed throughout the applicable initial or renewal Enrollment ten, provided that Enrolled Affiliate qualifies for the same price level for the entire term. Price levels and prices are reestablished at the beginning of the renewal term. If Enrolled Affiliate qualifies for a different price level during the applicable initial or renewal term, Microsoft may at its discretion establish a new price level for future new orders either upon Enrolled Affiliate's request or on its own initiative. Any changes will be based upon price level rules in the Product Selection Form. t. Payment terms. a. Standard payment terms. For the initial or renewal order, Enrolled Affiliate may pay upfront or elect to spread its payments over the applicable Enrollment tens. If spread payments are elected, unless indicated otherwise on the Customer Price Sheet, Microsoft will invoice Enrolled Affiliate in three equal annual installments. The first installment will be invoiced upon Microsoft's acceptance of this Enrollment and remaining installments will be invoiced on each subsequent Enrollment anniversary date. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other Licenses. b. Extended payment terms. Extended payment terms are payment terms that allow for monthly, quarterly, semi-annual, or customized structured payments, as well as modified payment timing on standard payment terms ("Extended Payment Terms"). Depending on Enrolled Affiliate's location, Enrolled Affiliate may have the ability to request Extended PaymentTerms for an order. 5. End of Enrollment term and termination. a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment. It. Renewal option. At the Expiration Date of the initial ten, Enrolled Affiliate can renew Products and Services by renewing this Enrollment for one additional 36 month ten or by signing a new Enrollment. Microsoft must receive a Renewal Fon, Product Selection Fonn, and renewal order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal. Microsoft may make changes to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at renewal. E,V017Enrt Dld(NA)(ENS)(Feb20171) Enrollment Details Pgge 5 of 9 Dacum ent X22-10387 Enrolled Affiliate's Enterprise. a. Identify which Affiliates are included in the Enterprise (Required). Affiliates must be separate legal entities, not departments, divisions, or business units. Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the Enterprise to include the largest number of Affiliates. ® Enrolled Affiliate only ❑ Enrolled Affiliate and all Affiliates ❑ Enrolled Affiliate and the following Affiliate(s) (Only identify specific affiliates to be included if fewer than all Affiliates are to be included in the Enterprise.): ❑ Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded: It. Please indicate whether Enrolled Affiliate's Enterprise will include all new Affiliates acquired after the start of this Enrollment: Exclude future Affiliates 2. Contact information. Each parry will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks (*)indicate required fields. By providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at htt s://www.microsoft.comllicensin /servicecenter. a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled Affiliate's Enterprise. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. The Primary contact will be the default contact for all purposes unless separate contacts are identified for specific purposes. Name of entity (must be legal entity name)* The City of Saint John. Contactname: First* Brian Last* Woods Contact email address* brian.woods@sain(johnoa Street address* 15 Market Square, City Hall, 9th Floor City* Saint John State/Province* New Brunswick If Enrolled Affiliate elects not to rene (i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring a new License with Software Assurance. (ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Tenn in the Product Tens, the following options are available at the end of the Enrollment initial or renewal ten. 1) Extended Term. If Enrolled Affiliate does not renew prior to the Expiration Date, access to the Online Services will automatically continue month-to-month in accordance with the terms of the Enrollment ("Extended Term") for up to one year unless designated in the Product Terms to continue unfil cancelled. For the first twelve months of the Extended Tenn, Online Services will be invoiced monthly at the then -current published price for Enrolled Affiliate's price level as of the Expiration Date plus a 3% administrative fee. As of the first day of the thirteenth month of the Extended Tenn, Online Services that continue unfil cancelled will be invoiced at the then -current published price for price level A plus a 3% administrative fee. During the Extended Tenn, the then -current Online Services Tens and Product Tens will apply to Enrolled Affiliate's use. If Enrolled Affiliate does not want an Extended Tenn, Enrolled Affiliate must submit a request to Microsoft at least 30 days prior to the Expiration Date. 2) Cancellation during Extended Term. At any time during the .first year of the Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a notice of cancellation to Microsoft for each Online Service. Thereafter, either party may,terminate the Extended Tenn by providing the other Mth a notice of cancellation for each Online Service. Cancellation will be effective at the endof the month following 30 days after Microsoft has received or issued the notice. (iii) Subscription Licenses and Online Services without an Extended Term. If Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as of the Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled Affiliate's Enterprise must discontinue use. Microsoft may request written certification to verify compliance. d. Termination for cause. Any termination for cause of this Enrollment will be subject to the "Termination for cause" section of the agreement. Without limiting any other remedies Microsoft may have, if Microsoft terminates this Enrollment for cause, all amounts due under any unpaid invoices shall become due and payable immediately. e. Early termination. If an Enrolled Affiliate terminates its Enrollment as a result of a breach by Microsoft, or if Microsoft terminates this Enrollment because Enrolled Affiliate has ceased to be Customers Affiliate, then Enrolled Affiliate will have the following options for Licenses, excluding Subscription Licenses: (i) It may immediately pay the total remaining amount due, including all installments, in which case, Enrolled Affiliate will have perpetual rights for all Licenses it has ordered (for the latest version of Products ordered under Software Assurance coverage in an initial or renewal term), or (ii) It may pay only amounts due as of the temmination date, in which case Enrolled Affiliate will have perpetual Licenses (for the latest version of Products ordered under Software Assurance coverage in an initial or renewal term) for (1) all copies of Products for which payment has been made in full, and (2) a proportional number of copies of Products it has ordered for which payment has been made. For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft temminates an Online Service for regulatory reasons, Enrolled Affiliate will receive a credit for any amount paid in advance for the period after termination. FA2017Enrt Did(NA)(EN6)(Feb2Ol71L Pgge e af Document X22-10387 Postal code* E2L 4L1 - (For U.S. addresses, please provide the zip +4, e.g. xxxxx-xxxx) Country* CA Phone 506-649-7950 Tax to * indicates required field It. Notices contact and Online Administrator. This contact (1) receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may grant online access to others, and (3) is authorized to order Reserved Licenses for eligible Online Services, including adding or reassigning Licenses and stepping -up prior to a true -up order. ❑ Same as primary contact (default if no information is provided below, even if box is not checked) Contactname: First* Last* Contact email address* Street address* City* State/Province* Postal code* - (For U.S. addresses, please provide the zip +4, e.g. xxxxx-xxxx) Country* Phone Language preference. Choose the language for notices. English ❑ This contact is a third party (not Enrolled Affiliate). Warning: This .contact receives personally identifiable information of the Customer and its Affiliates. * indicates required field Billing contact. This is the contact to which Microsoft will send invoices ❑ Same as primary contact (default if no information is provided below, even if box is not checked) Name of entity Accounts payable contact name: First* Last* Accounts payable contact email address* Street address* City« State/Province* Postal code* Country* Phone * indicates required field d. Online Services Manager. This contact is authorized to (1) manage the Online Services ordered under the Enrollment and (2) reserve Licenses for eligible Online Services, including adding or reassigning Licenses and stepping -up prior to a true -up order. ❑ Same as notices contact and Online Administrator (default if no information is provided below, even if box is not checked) Contact name: First* Last* Contact email address* Phone ❑ This contact is from a third party organization (not the entity). Warning: This contact receives personally identifiable information of the entity. * indicates required field EA 017Enr(oir)(NA)(ENS)(Feb22171) Pgge7 af EA 017Enr(oir)(NA)(ENS)(Feb22171) Document X20.10387 57 Pgge 8 of 9 Dacum ent X20-10387 e. Software Advisor information. Software Advisor's contact for this Enrollment is: Software Advisor company name* SoftwareONE Canada Inc. Street address (PO boxes will not be accepted)* 2680 Skymark Avenue Suite 415 City* Mississauga StatelProvince* ON Postal code* L4W 5L6 Country* CA Contact name* MS Admin Phone 800-444-9890 Contact email address* ms-admin.us@softwareone.com indicates required field By signing below, the Software Advisor identified above confirms that all information provided in this Enrollment is correct. Signature* Printed name* Printed titre* Date* *indicates required field Changing a Software Advisor. If Microsoft or the Software Advisor chooses to discontinue doing business with each other, Enrolled Affiliate must choose replacement Software Advisor. If Enrolled Affiliate or the Software Advisor intends to terminate their relationship, the initiating party must notify Microsoft and the other party using a :form provided by Microsoft at least 90 days prior to the date on which the change is to take effect. f. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact Information forth. Otherwise, the notices contact and Online Administrator remains the default. (i) Additional Notices Contact (ii) Software Assurance Manager (iii) Subscriptions Manager (iv) Customer Support Manager (CSM) contact 3. Financing. Is a purchase under this Enrollment being financed through MS Financing? ❑ Yes, ❑ No. If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to finance any associated taxes, it must pay these taxes directly to Microsoft. EA2017Enr(Dir)(NA)(ENG)(Feb20171) Pgge 9 of 9 Document X20-10387 Country* CA Phone* 514-909-0935 Fax ❑ This contact is a third party (not the entity). Warning: This contact receives personally identifiable information of the entity. 3. Subscriptions manager. This contact will assign MSDN, Expression, and TechNet Plus subscription licenses to the individual subscribers under this Enrollment or Registration. Assignment of the subscription licenses is necessary for access to any of the online benefits, such as subscription downloads. This contact will also manage any complimentary or additional media purchases related to these subscriptions. Name of entity* Contact name*: First Last Contact email address* Street address* City* StatelProvince* Postal code* Country* Phone* Fax ❑ This contact is a third party (not the entity). Warning: This contact receives personally identifiable information of the entity. 4. Online services manager. This contact will be provided :online permissions to manage the online servicesordered under the Enrollment or Registration Name of entity* The City of Saint John. Contact name*: First Brian Last WOODS Contact email address* brian.woods@saintjohn.ca Street address*brian.woods@saintjohn.ca City* Saint John StatelProvince* New Brunswick Postal code* E2L 4L7 Country* CA Phone* 506-649-7950 Fax ❑ This contact is a third party (not the entity). Warning: This contact receives personally identifiable information of the entity. 5. Customer Support Manager (CSM). This person is designated as the Customer Support Manager (CSM) for support -related activities Name of entity* Contactname*: First Last Contact email address* Street address* City* StatelProvince* Postal code* Country* Phone* Fax 6. Primary contact information An individual from inside the organization must serve as the primary contact. This contact receives online administrator permissions and may grant online access to others. This contact also receives all notices unless Microsoft is provided written notice of a change. Name of entity* The City of Saint John. ue:orasoft Supplemental Contact Information Form This form can be used in combination Wth MBSA, Agreement, and Emollment/Registration. However, a separate form must be submitted for each enrollmentiregistration, when more than one is submitted on a signature form. For the purposes of this form, "entity' can mean the signing entity, Customer, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement. Primary and Notices contacts in this form wII not apply to enrollments or registrations. This forth applies to: ❑ MESA ❑ Agreement ® EnrollmentiAffiliate Registration Form Insert primary entity name if more than one En rollment/Registmtion Forth is submitted Contact information Each parry will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks (*) indicate required fields; if the entity: chooses to designate other contact types, the same required fields must be completed for each section. By providing contact information, entity consents to its use for purposes of administering the Enrollment by Microsoft and other parties that help Microsoft administer this Enrollment. The personal information provided in connection with this agreement will be used and protected according to the privacy statement available at httos;/Acensina—rosoft.con, 1. Additional notices contact. This contact receives all notices that are sent from Microsoft. No online access is granted to this individual. Name of entity* SoftwareONE Canada Inc. Contact name*: First MS Last Admin Contact email address* ms-admin.us@softwareone.com Street address* 2680 Skymark Avenue Suite 415 City* Mississauga StatelProvince* ON Postal code* L4W 5L6 Country* CA Phone* 800-444-9890 Fax ❑ This contact is a third party (not the entity). Warning: This contact receives personally identifiable information of the entity. 2. Software Assurance manager This contact will receive online permissions to manage the Software Assurance benefits under the Enrollment or Registration. Name of entity* SoftwareONE Canada Inc. Contactname*: First Andre Last Levesque Contact email address* andre.levesque@softwareone.com Street address* 2680 Skymark Avenue Suite 415 City* Mississauga StatelProvince* ON Postal code* L4W 5L6 SupContactl nf,F, n(NAI ND)(ENG)(0ct2013) Pgge1 of Contact name*: First Brian Last WOODS Contact email address* brian.woods@saintjohn.ca Street address* 15 Market Square, City Hall, 9th Floor City* Saint John StatelProvince* New Brunswick Postal code* E2L 4L1 Country* CA Phone* 506-649-7950 Fax 7. Notices contact and online administrator information This individual receives online administrator permissions and may grant online access to others. This contact also receives all notices. ❑ Same as primary contact Name of entity* Contact name*: First Last Contact email address* Street address* City* StatelProvince* Postal code* Country* Phone* Fax ❑ This contact is a third party (not the entity). Warning: This contact receives personally identifiable information of the entity. SupContactl nf,F, n(NAI ND)(ENG)(0ct2013) Page 2 of 58 SupCo-d nfoForrn(NAI ND)(ENG)(0ct2013) Pgge3 of 11VIll wcrtgr11'~i,t VoluIIla Cicely "I 'iBY1g Qualifying Government Entity Addendum This Qualifying Government Entity Addendum modifies the terms of the Select or Select Plus ("Agreement") or Enterprise or Enterprise Subscription Agreement ("Agreement") as follows'. 1. The following definition is added: "Eligible Entity"means opublic sector entity that meets the criteria set out at tt�'. h//www. microsoft. reMcenainc/contrects in the document entitled "Microsoft Government Eligibility Definition " 2. The definitions of "Customer" and "Affiliate" are amended as follows: When used in this Agreement or Enrollmentas applicable. "Customer' refers to the Eligible Entity that signs this Agreement/Enrollment with Microsoft. and the definition of "Affiliate". as set forth in the Master Agreementis modified to include only Eligible Entities located in the same country as the Eligible Entity signing this Agreement/Enrollment, as applicable., with Microsoft. 3. The Minimum Order requirements section of the Agreement is amended as follows: Notwithstanding anything to the contrary in the Agreement. an Eligible Entity's Enterprise must have a rininnum of 250 Qualified Users or Qualified Devicesand its initial order must include at least 250 Lice ses in a single Product pool for Enterprise Products or Enterprise Online Services, If no Enterprise Product is ordered, an Eligible Entity need only maintain at least 250 Subscription Licenses for Enterprise Online Services. 4. The following pricing provision is added: Customer represents that Customer and Customer's Affiliates are Eligible Entities. As an Eligible Entity., Customer may receive price level D for all Products and pools under this Agreement/Enrollment, as appllicable. 5. The following "Mid-term Cancellation for Non -appropriation of Funds" provision is added: Termination of Enrollment — non -appropriation of funds. Subject to the provisions in the Section titled "Effect of termination or expiration" a Customer or an Enrolled Affiliate may terminate an Agreement or Enrollment without liability., penalty or further obligation to make payments if funds to make payments under the Agreement or Enrollment are not appropriated or allocated for such purpose. Effect of termination. Upon termination of any Enrollment. the Enrolled Affiliate must order Licenses for all copies of Products it or its Affiliates have run under its Enrollment for which the Enrolled Affiliate has not previously submitted an order. Except as provided in the next paragraph., in the event of terminationall unpaid installments of the purchase price for any Licenses will immediately become due and payableand the Enrolled Affiliate will be entitled to perpetual Licenses only after all such payments have been made. Early termination. If Customer or Enrolled Affiliate terminates an Enrollment for non -appropriation of funds. or Microsoft terminates an Enrollment for non-payment due to non -appropriation of funds of Customer or Enrolled Affiliate., then Customer or the Enrolled Affiliate will have the following options'. G,xllfying GovE Hye d -du ,VVVV)Ex EA(EN G)(J,1y2016) Page 1 of 2 '1110rrr°r'.rwft Vollaurn e L'u�rr.:nnsing 111- Commodity Tax Terms & Conditions (Canada Only)(Direct) This document establishes the Tax Address (as defined in section 1(b) below) and the commodity tax terms & conditions for purchases of licenses, services, software assurance, online services, or other products (collectively "Products") purchased under the associated Enrollment. This forth must be submitted for all new direct enrollments for customers with a Delivery Address located within Canada (hereinafter "Customer'). Furthermore, if Customer is applying a tax exemption in section 5 below, this forth must be submitted to Microsoft for approval prior to submission of the related Enrollment for acceptance. For purposes of this document, commodity tax includes any federal or provincial and local taxes, fees, charges, surcharges or other similar fees or charges imposed on or with respect to Products and Services that are the subject of the associated Enrollment and include, but are not limited to Goods and Services Tax, Harmonized Sales Tax, Quebec Sales Tax, and Provincial Sales Tax, and all other federal, provincial and local taxes and regulatory fees as defined by the applicable laws or authority of the Tax Address jurisdiction and the Canada Revenue Agency ("Commodity Tax"). 1. Customer Information. a. Customer's legal entity name as it appears on the Enrollment (i.e. the 'Primary Contact' on the Enrollment and Program Signature Forth): Customer's Legal Name: * THE CITY OF SAINT JOHN b. Customers Tax Information: Customers address as it applies to the.:. Enrollment for application of Commodity Taxes ('Tax Address'): Address: * 15 Market Square, City Flail, 9th Floor City: * Saint John Province: * New Brunswick Postal Code: * E2L 41-1 c. The Enrollment is for which Licensing Program (e.g. EA, EAS, SCE)? * EA d. Enrollment Number (to be completed by Microsoft): 2. Application of Commodity Taxes. Commodity Tax shall be applied to purchases made under the Enrollment based on the laws or authority of the Tax Address jurisdiction provided in section 1(b) above, unless this address is updated. Commodity Tax is not based on any other address identified or indicated on an invoice. Any other addresses or location(s) identified on an invoice (e.g. country of usage) are for internal reference only. 3. Liability for Taxes. Customer shall pay all Commodity Taxes imposed on purchases made under this Enrollment. 4. Communication Products and Services. Microsoft may provide Products and Services to its Customers separately or together with other Products and Services provided under this Enrollment. Communication services, to the extent included under this Enrollment, may be subject to additional Commodity Taxes. Microsoft reserves the right, to determine in its sole discretion, whether to unbundle Products and Services provided to the customer for a single a. It may immediately pay the total remaining amount due. including all installments. in which case the Enrolled Affiliate will have perpetual Licenses for all copies of the Products it has ordered., or It. It may pay only amounts due as of the termination datein which case the Enrolled Affiliate will have perpetual Licenses for (1) all copies of all Products for which payment has been made in full. and (2) the number of copies of Products it has ordered (including the latest version of Products ordered under SA coverage in an initial or renewal term) for which payment has been made in installments that is proportional to the total of payments made versus total amounts due if the early termination had not occurred. 6. Where "Extended Term" is available for eligible Online Services, the following is added: Enrolled Affiliate will not automatically have an Extended Term. If Enrolled Affiliate wants an Extended Term. Enrolled Affiliate may submit a request to Microsoft. Microsoft must receive the request not less than 30 days prior to the Expiration Date. 7. The following provision is added: Natural Disaster. In the event of a natural disaster. Microsoft may provide additional assistance or rights by posting them on htto'.//www. microsoft.com at such time. Gualify,,g GovE,t,tyAdde,d,m(VVVV)ExEM EA(ENG)(J,lY20l6I Page 2 of 2 charge for the purpose of separately applying Commodity Taxes to any of the Products and Services provided under this Enrollment. 5. Certification of Commodity Tax Exemption. Complete this section if a Commodity Tax exemption applies to the purchases made under this Enrollment. Pursuant to the law(s) of the jurisdiction for the Tax Address indicated in 1(b) above, purchases made under this Enrollment should not include Commodity Tax based on the attached exemption documentation identified in the drop-down menu below: [Click here to choose document type if an exemption applies Exemption applies to:* GSTIHST only ❑, PST only ❑, both GST and PST ❑ Any pre -approval granted shall be void if the Customers legal name in Section 1(a) does not match the Enrollment submitted for processing. 6. Commodity Tax Status Change Request. Microsoft has, in good faith relied upon the Customer's representations regarding Commodity Tax exemption status for the Enrollment, as identified in Section 5 of this forth. If Customer later requests a change in the Commodity Tax exemption status, the Commodity Tax exemption status change will be applied on a prospective basis to invoices issued under this Enrollment after the date that the Commodity Tax exemption status change is processed by Microsoft. MicrasaffTuTertnsendCandi[ians(E )(CAN)(ENG)(Dec2016)Page 2elf 2 MicrasaffTaxTerrnsandCandi[,.,s(E )(CAN)(ENG)(Dec2016) Pagel aft Dacum"t X20-12806 D ... ment X26.12806 59 Microsoft IVollume Licensing The City of Saint John. Microsoft Volume Licensing -Customer Price Sheet - Final Pricing QD,reet EtteMf-Erirollmoi5 Reteval Quote Merv. P— -A i,] AI Enterprise Enrollment Product Selection Form Proposal ID 0505911.001 M iciroscfVt I V.I.nmp Licer,sh,q Enrollment Number Enrolled AfIllates Enterprise Products andEnterprise Online Serwce summary for the initial order: ¢ allra Proille D -Cas - Qua fe9 Users C-, e/user cALucens n9 Rata Irl —.t Platrortn Made Enterprise 252 262 1 CYes User Lcenses Office 365 Plen E3 Add-on 10 L -I 511 5N Core CAL oducts Enter�nse 9uantty Gouemmenf Worker ¢uantty Office Professional Plus Office Professional Plus 252 337 Office 365 Plans Office 365 Plen E3 Add-on 10 Client Access License (CAL) Core CAL Gare CAL 262 337 Windows Ca,1t,p Windows Enterprise OS Upgrade 252 337 Enrolled Affil ate's Product: Quantities; Pnce Group 1 2 3 d ntemdee Praduc[z "+ Ecce 6fie(Plan ure 56c(Pl11tl 61+ tlEe7+ + ure Pr_tttve Entaphse tlucttve E terpdse cove nterydse nterphPe tlu ¢uantlry5H 599 599 589 Enrolled, Misters on. Level' Prod- ORedng / Pool Pnce Level ntemdee—d-t. and, Enterpnse Online S.— US" Unless otherwise Intlicatetl In asmuatetl contract u m, Pnce level set using the highest—I—Groups 1 through 4. D EA-EASPmd6elF.,,, 1N)(ENG) Page 1 of 2 MS Quote C'M Enterprise Enrollment Product Selection Form 14'r iciroscfft I V.I.Omlp Licern,sdanq Add,— In t Applmadon Pool: Unlerwise ess othmcatetl In —.-dd con— d--ts. Pneve ce ll usingqu tty fmm Gmup 1. G tl S. ntl adt onathA h PPrrotluquarrtryttoP.1U 2sth v or se catetl nasmcatetl contract ocumentsPrce . level, set G Prod- systems Poo Uness oth—lse nticaretl nasmcaretl cono-act d--ts. Prceevel set s ng quantty I— Group a. o NOTES 111— d1111111 the price level Nr each Pmtluct tittering / pool Is setas tle t—d ve. _.upon the qu tty to prlcueaevel mapping bel_ Quantity of Licenses and Software Assurance Price Level Nots 1: ntemhse online services may not be available In all locations. Please see me Pmtluct ust for a list of locaoons}vhere mese may be ,rth— Nots 2. U11— omenvise Intlit— In assouatm Agreement documents. me GAL selection must be me same across me Enterphse for etlges thw Inortlertouse a third, partym ream agethe11 douvs Opemtlng Syslem U pgratle. Enron Al artily tha acquired, quallfng opemtlng system licenses. The requlremant applies to Wlntlouvs Enterydse os Affillzte murtc [Rhos upgratlesee Pmtluct Tenns Nr tlebll,. Note 1, If E Afnerpnse P—ct or Enry0 sn appabe P—ct poo pve"tloPmhe nthe smepoo v hep Athmµghout the tmof[he . Enm ment EA-EASPmd6elF.,,, 1N)(ENG) Page 2 of 2 MS Quote Program Signature Form MBA—v number 08753202 7-LBNNTAIT Agreement number 75E61130 Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here., or listed below as new. For the purposes of this form, "Customer" c an the signing entity, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement. This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing., as of the effective date identified below. By signing below. Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documentsincluding any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents. Name of Entity (must be legal entity name)* THE CITY OF SAINT JOHN. Signature - Printed First and Last Name* Don Darling Printed Title Mayor Signature Date* Resolution Date. 15 -May -2017 Tax ID * indicates required field W Microsoft Corporation I Signature Printed First and Last Name Printed Title Signature Date (d- Mr—.ft Affiliate... nt,signs) Agreement Effective Date Optional 20° Customer signature or Outsourcer signature (if applicable) Name of Entity (must be legal entity name)* THE CITY OF SAINT JOHN Signature* Printed First and Last Name* Jonathan Taylor Printed Title Common Clerk Signature Date* Resolution Date. 15 -May -2017 indicates required field Name of Entity (must be legal entity name)- Signature- Printed ame)`Signature*Printetl First and Last Name - Printed Title Signature Date* * indicates required field If Customer requires physical mediaadditional contactsor is reporting multiple previous Enrollments., include the appropriate form(s) with this signature form. After this signature form is signed by the Customersend it and the Contract Documents to Customer's channel partner or Microsoft account manager., who must submit them to the following address. When the signature form is fully executed by Microsoft., Customer will receive a confirmation copy. Microsoft Corporation Dept. 551. Volume Licensing 6100 Neil Road. Suite 210 Reno. Nevada 89511-1137 USA COUNCIL REPORT M&C No. 2017-131 Report Date May 09, 2017 Meeting Date May 15, 2017 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Contract No. 2017-15: Fairville Boulevard (Linton Rd. to Plaza Ave. & Outfall) Storm Sewer Improvements and Manawagonish Creek Channel Upgrades OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Susan Steven -Power Michael Hugenholtz/ Brian Keenan Jeff Trail RECOMMENDATION It is recommended that Contract No. 2017-15: Fairville Boulevard (Linton Rd. to Plaza Ave. & Outfall) Storm Sewer Improvements and Manawagonish Creek Channel Upgrades be awarded to the low Tenderer, Debly Enterprises Limited, at the tendered price of $1,901,275.45 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award Contract 2017- 15: Fairville Boulevard (Linton Rd. to Plaza Ave. & Outfall) Storm Sewer Improvements and Manawagonish Creek Channel Upgrades to the low Tenderer. PREVIOUS RESOLUTION March 16, 2015 - 2015 General Fund Capital Program Approved. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. AElI -2 - REPORT BACKGROUND The approved General Fund Capital Program includes projects for the installation of new storm sewer on Fairville Boulevard and for drainage channel improvements to Manawagonish Creek. TENDER RESULTS Tenders closed on May 9, 2017 with the following results, including HST: 1. Debly Enterprises Limited, Saint John, NB $ 1,901,275.45 2. Terraex Inc., Saint John, NB $ 2,094,788.25 3. Fairville Construction Ltd., Saint John, NB $ 2,117,280.53 4. Galbraith Construction Ltd., Saint John, NB $ 2,189,508.00 The Engineer's estimate for the work was $1,853,498, including HST. ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work and recommend acceptance of their tender. Work is expected to begin in June 2017 and continue into October 2017. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the General Fund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. The analysis is as follows: Budget $ 2,123,723 Project net cost $ 1,978,677 Variance (Surplus) $ 145,046 POLICY—TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. ARI -3 - SERVICE AND FINANCIAL OUTCOMES This project will alleviate flooding in the Sherbrooke/Honeysuckle Drainage Basin and on Fairville Boulevard in the area of the Comfort Inn during major rain events. This project will be completed within the approved financial budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A C�� COUNCIL REPORT M&C No. 2017-134 Report Date May 11, 2016 Meeting Date May 15, 2016 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Enterprise Saint John License Agreement OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Nancy Moar Neil Jacobsen m I Jeff Trail RECOMMENDATION RESOLVED that the Mayor and Common Clerk be authorized to execute the License Agreement between the City and the Greater Saint John Economic Development Agency, Incorporated, carrying on business as Enterprise Saint John, in the attached form. EXECUTIVE SUMMARY At the May 2 meeting of Common Council, a resolution was passed to authorize the Communications Department to distribute the "Secondary Explorer Logo" to eligible commercial enterprises or individuals to use for production of commercial manufactured promotional merchandise. As the owner of the Explorer brand, Enterprise Saint John supplied a license agreement for the the City to use the Secondary logo. The above resolution authorizes the Mayor and Common Council to execute the agreement. PREVIOUS RESOLUTION Common Council authorizes the Communications Department to distribute the "Secondary Explorer Logo" to eligible commercial enterprises or individuals to use for production of commercial manufactured promotional merchandise. STRATEGIC ALIGNMENT SERVICE AND FINANCIAL OUTCOMES INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS AYA -2 - Legal Services and Enterprise Saint John ATTACHMENTS Appendix 1: License from Enterprise Saint John THIS LICENSE AGREEMENT made in duplicate this day of May, 2017. BY AND BETWEEN: GREATER SAINT JOHN COMMUNITY ECONOMIC DEVELOPMENT AGENCY, INCORPORATED, a body corporate carrying on business as ESJ ENTERPRISE SAINT JOHN, hereinafter called the "Licensor" OF THIS 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 "Licensee" OF THE OTHER PART WHEREAS, the logo described as the "True Growth Explorer Logo", as is depicted in visual form at Schedule "A" hereto (the "Logo') is the property of the Licensor; AND WHEREAS all intellectual property and other rights to the Logo belong to the Licensor; AND WHEREAS the Licensee has developed a secondary logo, of which the Logo forms part thereof (the "Secondary Logo'), as is depicted in visual form at Schedule "B" hereto; AND WHEREAS the Licensee wishes to acquire all necessary rights and permission from the Licensor required at law in order to allow the Licensee to permit third party applicants to utilize the Secondary Logo for the limited purposes and subject to the corresponding Terms of Use, as is attached at Schedule "C" hereto; NOW THEREFORE THIS AGREEMENT WITNESSETH that the parties hereto for and in consideration of these presents and other valuable consideration, the receipt whereof is hereby acknowledged, covenant and agree each with the other as follows: 1. The Licensor hereby grants all legal rights and permission necessary to the Licensee for the Licensee to utilize the Logo in the Secondary Logo and for the Licensee to allow third parties, as approved by the Licensee pursuant to the Terms of Use particularized in Schedule "C", to utilize the Secondary Logo for the limited purposes set out in the said Terms of Use. 2. The Licensee shall not be obligated to pay any fee whatsoever to the Licensor for the License herein granted. 3. The License herein granted shall be for a term commencing on May ls` 2017. 4. Notwithstanding paragraph 3 of this License Agreement, the Licensor may terminate the License herein granted by giving six (6) months written notice to the Licensee. 5. The Licensee shall not have any claim against the Licensor for loss or damage of any nature, kind or description whatsoever arising from the avarrica nr nnrnnrtarl avarrica of dip T franca lura;" nrantarl nnlacc cnrli lncc 6. The Licensee hereby indemnifies, defends and saves harmless the Licensor, its employees, officers, agents, successors and assigns, from and against any and all losses, costs, claims, demands, expenses, proceedings and actions of every nature and kind for injury or damages, including indirect, consequential and incidental damages to persons or property which are or may be in any way related to, or connected or associated with this License or anything done or purported to be done in any manner hereunder, provided that the Licensee is not obligated to indemnify the Licensor for claims arising from the negligence or willful misconduct of the Licensor, its employees, officers, agents, successors and assigns. 7. All notices shall be in writing and shall be deemed validly given if personally served, sent by courier, registered mail or facsimile as follows or to any other address that may be provided in writing from time to time by one party to the other. The Licensor ESJ Enterprise Saint John The Telegraph Building 40 King Street Saint John, NB E2L 1G3 Attn: Chief Executive Officer The Licensee: The City of Saint John 15 Market Square P.O. Box 1971 Saint John, NB E2L 4L1 Attn: Common Clerk The License herein granted shall be governed by and construed in accordance with the laws of the Province of New Brunswick. 9. Any provision of the License herein which is prohibited or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be severed for the balance of this License without affecting its remaining provisions. IN WITNESS WHEREOF the parties hereto have set their corporate seals duly attested by the signature of their properly authorized officers respectively the day and year first written above. SIGNED, SEALED & DELIVERED THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: , 2017 Witness May 11, 2017 To: Municipal Administrators Le 11 mai 2017 Aux : Administrateurs municipaux Administratrices municipales A"Nouveau Subject: Federal Gas Tax Fund (GTF) — Objet: Fonds federal de la taxe sur 1'essence Additional Allocations (FTE) — Allocations additionnelles On March 29, 2017, we were advised by Nous avons a ete informee le 29 mars par Infrastructure Canada that the Province would be Infrastructure Canada que la Province recevra des receiving uncommitted funds from legacy federal contributions non engagees en vertu d'anciens infrastructure programs to be allocated as per the programmes d'infrastructure federaux a etre repartis current Gas Tax Fund (GTF) allocation formula. selon la formule d'affectation actuelle du Fonds de la taxe sur 1'essence (FTE). We are pleased to confirm that the Province will Nous sommes heureux de confirmer que la Province transfer legacy funds totalling $436,095 among transferera des fonds d'anciens programmes eligible GTF local governments on a per capita totalisant 436 095 $ entre les administrations locales basis. This additional amount will be added to your qui sont admissibles au FTE calcule au prorata de la scheduled payment in July. population. Ce montant additionnel sera ajoute au versement prevu en juillet Please note that these additional funds must be Veuillez noter que ces fonds additionnels doivent accounted for and spent on eligible GTF etre comptabilises et depenses envers des projects. projets FTE admissibles. You will find attached the list of allocation for each Vous trouverez, ci-jointe, la liste d'allocation pour eligible recipient. chaque recipiendaire admissible. If you have any questions, please contact Pour plus information, veuillez communiquer avec Luc Theriault at (506) 453-4021. Luc Theriault au (506) 453-4021. Thank you for your continuous cooperation. Merci pour votre collaboration continue. Original copy signed by / Copie originale signee par Annie Dietrich Director/ Directrice Community Infrastructure Funding / Financement de ('infrastructure communautaire Department of Environment and Local Government / Ministere de I'Environnement et des Gouvernements locaux 71 Budget $ 552,578.60 Admin. Costs (1.35%) $ 7,459.81 Balance $ 545,118.79 Incorporated Areas (80% of Balance) $ 436,095.03 Unincorporated Areas (20% of Balance) $ 109,023.76 Ultimate Recipients 2011 Census Allocation Alma 232 $ 198 Aroostook 351 $ 300 Atholville 1,237 $ 1,058 Baker -Brook 585 $ 500 Balmoral 1,719 $ 1,470 Bas-Caraquet 1,380 $ 1,180 Bath 532 $ 455 Bathurst 12,275 $ 10,496 Beaubassin-Est 6,200 $ 5,301 Belledune 1,548 $ 1,324 Beresford 4,351 $ 3,720 Bertrand 1,137 $ 972 Blacks Harbour 982 $ 840 Blackville 990 $ 847 Bouctouche 2,423 $ 2,072 Cambridge -Narrows 620 $ 530 Campbellton 71385 $ 6,315 Campobello Island 925 $ 791 Canterbury 336 $ 287 Cap -Pete 2,256 $ 1,929 Caraquet 4,169 $ 3,565 Centreville 542 $ 463 Charlo 1,324 $ 1,132 Chipman 1,236 $ 1,057 Clair 857 $ 733 Cocagne 2,545 $ 2,176 Dalhousie 3,512 $ 3,003 Dieppe 23,310 $ 19,932 Doaktown 793 $ 678 Dorchester 1,167 $ 998 Drummond 775 $ 663 Edmundston 16,032 $ 13,709 Eel River Crossing 1,209 $ 1,034 Florenceville-Bristol 1,639 $ 1,401 Fredericton 56,224 $ 48,076 Fredericton Junction 752 $ 643 Gagetown 698 $ 597 Grand Bay -Westfield 51117 $ 4,375 Grand Falls 5,706 $ 4,879 Grand Manan 2,377 $ 2,033 Grande -Anse 738 $ 631 Hampton 4,292 $ 3,670 Hanwell 4,266 $ 3,648 Hartland 947 $ 810 Harvey 363 $ 310 Hillsborough 1,350 $ 1,154 Memramcook 4,831 $ 4,131 Millville 307 $ 263 Minto 2,505 $ 2,142 Miramichi 17,811 $ 15,230 Moncton 69,074 $ 59,064 Nackawic 1,049 $ 897 Neguac 1,678 $ 1,435 New Maryland 4,232 $ 3,619 Nigadoo 952 $ 814 Norton 1,301 $ 1,112 Oromocto 8,932 $ 7,638 Paquetville 706 $ 604 Perth -Andover 11778 $ 1,520 Petitcodiac 1,429 $ 1,222 Petit -Rocher 1,908 $ 1,631 Plaster Rock 1,135 $ 971 Pointe-Verte 976 $ 835 Port Elgin 418 $ 357 Quispamsis 17,886 $ 15,294 Rexton 818 $ 699 Richibucto 1,286 $ 1,100 Riverside -Albert 353 $ 302 Riverview 19,128 $ 16,356 Riviere-Verte 744 $ 636 Rogersville 1,170 $ 1,000 Rothesay 11,947 $ 10,216 Sackville 5,558 $ 4,753 Saint Andrews 1,889 $ 1,615 Saint John 70,063 $ 59,910 Saint -Andre 1,953 $ 1,670 Saint -Antoine 1,770 $ 1,513 Sainte -Anne -de -Madawaska 1,002 $ 857 Sainte -Marie -Saint -Raphael 955 $ 817 Saint-Frangois de Madawaska 533 $ 456 Saint -Hilaire 303 $ 259 Saint -Isidore 748 $ 640 Saint-Leolin 684 $ 585 Saint -Leonard 1,343 $ 1,148 Saint-Louis de Kent 930 $ 795 Saint -Quentin 2,095 $ 1,791 Salisbury 2,208 $ 1,888 Shediac 6,053 $ 5,176 Shippagan 2,631 $ 2,250 St. George 1,543 $ 1,319 St. Martins 314 $ 268 St. Stephen 4,817 $ 4,119 Stanley 419 $ 358 Sussex 4,312 $ 3,687 Sussex Corner 1,495 $ 1,278 Tide Head 1,036 $ 886 Tracadie 16,212 $ 13,863 Tracy 611 $ 522 Upper Miramichi 1 2,3731 $ 2,029 Woodstock 1 5,2541 $ 4,493 COUNCIL REPORT M&C No. 2017-124 Report Date May 10, 2017 Meeting Date May 15, 2017 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Consultant Services — Water and Sewerage Services Rate Study and Universal Metering Evaluation OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Pierre LeBlanc Brent McGovern m I Jeff Trail RECOMMENDATION It is recommended that the proposal from Hemson Consulting Ltd. for Consultant Services for the Water and Sewerage Services Rate Study and Universal Metering Evaluation in the amount of $123,625.00 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 Consultant Services for the Water and Sewerage Services Rate Study and Universal Metering Evaluation to Hemson Consulting Ltd. PREVIOUS RESOLUTION November 14, 2016; 2017 Water & Sewerage Utility Fund Operating Budget approved. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Fiscal Responsibility, specifically as it relates to investigating options to allocate water costs among ratepayers. rL! -2 - REPORT BACKGROUND The City of Saint John is seeking consultant services to undertake a Water and Sewerage Services Rate Study and Universal Metering Evaluation. The last water and sewer rate study was completed in 2008. Since that time the Harbour Clean-up Project has been completed and the Safe, Clean Drinking Water Project (SCDWP) is well underway and scheduled for completion at the end of 2018. While rates are reviewed annually to ensure accuracy, fairness and equity amongst the various ratepayers it is considered best practice to regularly complete a rate study, particularly where there are very significant financial changes such as the ones we have experienced with Harbour Clean-up and the Safe, Clean Drinking Water Project. This study will look at numerous areas, for example; the current flat rate, By -Law rates (including sewer charge block rate), the number of blocks, existing debt and new debt relating to the SCDWP, the appropriateness/accuracy of internal "transfer payments" including the general government, fire protection and storm sewerage charges. Also in support of Council priorities it will investigate options to allocate water costs among ratepayers, reviewing best practices, giving consideration to allocating cost to vacant or unoccupied lands. In addition, the study will also consider the pros and cons associated with a universal metering program, as well as costs (capital and operational), the potential impact of universal metered rates on the customer's water and sewer bill and the ability of Saint John to fund such a Project. The study will deliver a long-term (fifteen year) water and sewerage financial plan to fund current and future operations. A Request for Proposal (RFP) was advertised to engage a Consultant to carry out the services noted below: ♦ Part A — Review Current Rates Structure ♦ Part B — Request and Review Input from Saint John Water Customers ♦ Part C — Evaluate Other Rate Structure Options ♦ Part D — Identify Options to Assist Low -Income Water Customers and Situations of Water Leakage ♦ Part E — Evaluate Universal Metering ♦ Part F —Update Utility Water and Sewerage Rates 01 -3 - PURPOSE The purpose of this report is to make a recommendation for consulting services for this projects. ANALYSIS With a comprehensive terms of reference document developed by staff, a public call for proposals was made for consultant services. The Request for Proposal (RFP) closed on April 20, 2017 with responses received from the following three Consultants: • AMEC Foster Wheeler, Saint John, NB • Hemson Consulting Ltd., Toronto, ON • RV Anderson Associates Limited, Moncton, NB A Review Committee consisting of staff from Materials Management, Saint John Water and Finance was formed to evaluate submissions. Each member completed an independent review of the submissions and a joint discussion was held to develop the final ranking of submissions. The Review Committee came to a conclusion on their recommendation, which follows later in the report. The evaluation process uses the expertise of a variety of staff from Purchasing, Operations and Finance 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- 4. Methodology— Does the approach to the project outlined in the proposal address, in a realistic sense, attainable goals and is it in keeping with the City's expectations for the project? 5. Value Added — What additional information, technology, process or options has the consultant included in his proposal? Is there value added to the consultant's response for this additional information? 6. Cost— Cost will be a factor, however not the only factor to be considered. Is the price quoted in line with the City's estimate for the work and has it allowed for each aspect of the project to be adequately addressed? After careful, independent consideration of presentation, company experience, personnel and technical proposal, the Review Committee met to analyze the findings of each member. After completion of the "technical" evaluation, the financial proposals were opened and addressed. These had been submitted in separate, sealed envelopes. After due consideration, the Review Committee selected the submission of Hemson 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 Hemson 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. 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 consultant's 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 Hemson Consulting Ltd. to provide Consultant services for this project is $123,625.00 Including HST. The estimated HST rebate for the total cost of $123,625 from the Hemson proposal would be 11,517.55. The total cost including the estimated HST rebate would then be $112,107.45. The approved 2017 Water & Sewerage Utility Fund Operating Budget includes funding for this project in the amount of $200,000. rr11 -5 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS A Review Committee consisting of staff from Materials Management, Finance, and Saint John Water was formed to evaluate the submission. Materials Management facilitated the proposal review process. ATTACHMENTS N/A N-11 COUNCIL REPORT M&C No. 2017-133 Report Date May 10, 2016 Meeting Date May 15, 2016 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Federation of Canadian Municipalities (FCM) Funding Programs applications OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Acting Commissioner/Dept. Head City Manager Samir Yammine Cathy Graham Ian Fagan I Jeff Trail RECOMMENDATION It is recommended that Common Council: Request staff to submit an application to the Federation of Canadian Municipalities (FCM) under the Municipalities for Climate Innovation Program (MCIP) for Phase 1 and Phase 2 of the Climate and Asset Management Network; Request staff to submit an application to the Federation of Canadian Municipalities (FCM) under the Municipalities for Climate Innovation Program (MCIP) for the City Market Energy Retrofit Upgrade; and Request staff to submit an application to the Federation of Canadian Municipalities (FCM) under the Municipal Asset Management Program (MAMP) for the City of Saint John Asset Management asset inventory. EXECUTIVE SUMMARY FCM has recently launched two programs: Municipalities for Climate Innovation Program (MCIP) The MCIP is a five-year, $75 -million program that helps municipalities prepare for, and adapt to, climate change, and to reduce emissions of greenhouse gases (GHGs). Delivered by the Federation of Canadian Municipalities (FCM) and funded by the Government of Canada, MCIP is available to all municipalities and their partners, which will provide municipalities with access to funding, training and learning opportunities to increase their capacity to reduce greenhouse gas r�%] -2 - emissions, build resilience to the impacts of climate change, and support better planning and management of municipal infrastructure. This funding program is well aligned with the Council's Priorities for 2016-2020 for the Asset Management Program and City Market Upgrade. Municipal Asset Management Program (MAMP) The MAMP is a five-year, $50 -million program designed to help Canadian municipalities make informed infrastructure investment decisions based on sound asset management practices. The program is funded by the Government of Canada and delivered by FCM. This funding program is well aligned with the Council's Priorities for 2016-2020 for the Asset Management Program. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT The City of Saint John Asset Management program and the City Market Upgrade are well aligned with the Council's Priorities 2016-2020, Plan SJ and the long- term financial sustainability of the City of Saint John. REPORT Background FCM has recently launched two programs to provide municipalities with access to funding, training and learning opportunities to increase their capacity to reduce greenhouse gas emissions, build resilience to the impacts of climate change, and support better planning and management of municipal infrastructure. Municipalities for Climate Innovation Program (MCIP) The MCIP is a five-year, $75 -million program that helps municipalities prepare for, and adapt to, climate change, and to reduce emissions of greenhouse gases (GHGs). E:ii] -3 - The type of initiatives the program supports include: • The assessment of the vulnerability to flooding of assets such as roads, buildings, etc. in a neighborhood. • Ways to reduce GHG emissions from buildings, wastewater and water pumping station, waste collection trucks by optimizing routes and reducing the frequency of garbage and recycling pick-up. • Plans to encourage residents to use less polluting forms of transportation by encouraging cycling, walking and transit. • The impact of a municipal policy change, such as a no -idling policy. • District Energy System. • Community initiative such as residential solar projects, etc. • Climate change adaptation to City assets as a result of flooding, ice storm, wind, etc. • Climate and Asset Management Network. Program Highlights • Funding is available for plans, studies, operations and demonstration projects • Grants of up to $175,000 or up to 80% of eligible costs for plans and studies • Eligible costs include staff time and external resources • Demonstration project. Grants of up to $1 Million or up to 80% of the eligible costs • Must meet 50% reduction in GHG emissions from an existing baseline. • Applications are open all year, with the exception of the Climate and Asset Management Network • Climate and Asset management Network. This program is part of the MCIP ,the following are the highlights: o Deadline for application is June 15, 2017 o Program consists of two phases : ■ Phase 1: Asset Management policy and government structure and ■ Phase 2: Implementation of asset management o Grants up to $175,000 o FCM will select 10 to 15 municipalities to participate o Competitive process Municipal Asset Management Program (MAMP) The MAMP is a five-year, $50 -million program that will support Canadian cities and communities to make informed decisions about infrastructure, such as the planning and construction of roads, recreational facilities, and water and wastewater systems. E -11I -4 - The Municipal Asset Management Program will enable municipalities to access the data needed to plan effectively. The program helps municipalities in four ways: • Broadening adoption and reliance on sound asset management practices • Training and workshops on best practices tailored to the needs of participating municipality • Funding to assist with the planning, data management and analysis undertaken by a municipality or partner • Gathering and sharing relevant knowledge and lessons learned about the experiences of Canadian cities and communities Program Highlights • Funding is available for plans, studies and implementation of asset management practices and programs such defining level of services, condition and risk assessment framework, inventory of asset, etc. • Grants of up to $50,000 or up to 80% of eligible costs • Eligible costs include staff time and external resources • Open all year for applications Implication for the City of Saint John City staff have met to review and identify a list of projects for 2017, which are aligned with the FCM programs and the Council Priorities for 2016-2020. The following are the list of recommended projects for the FCM funding programs with a high-level overview: City Market Energy Retrofit • Total Cost of the City Market renovation project: $6.09 Million • RDC and ACOA contribution: $4.06 Million • City Funding Request under the MCIP: $1 million if successful • Council approved $2.03 Million • City of Saint John is aiming at 50% GHG emissions reduction for the City Market to be eligible for the MCIP funding • Overview. The staff in cooperation with the consultant has completed a detailed energy study. The objective of the study is to identify energy measures to help reduce the total energy costs and GHG emissions and meet the FCM (MCIP) funding requirements in order to apply for the MCIP. E:3► -5 - City of Saint John Asset Management Program Phase 2 • Total Cost of Asset Management Phase 2 Stream 1 is $154,000 • Funding available under the gas tax fund is $150,000 • City funding request under the Climate and Asset Management Network is $175,000 • Deadline is June 15, 2017 • Competitive process • Overview: The City has completed asset management road map. The document has identified five streams to help achieve the AM objectives and strategies as indicated in the City of Saint John's AM policy and strategy. Staff will be submitting an application under the FCM MCIP for phase 1 and phase 2 of the Climate and Asset Management Network which will include the implementation of stream 1: Life Cycle Management. In addition, staff will submit additional applications in 2018-2020 to receive funding for the remaining streams of phase 2. City of Saint John Asset Management Program Phase 2: asset inventory • Total cost of asset inventory is : $70,000 • City funding request under the Municipal Asset Management Program (MAMP) is $50,000 • Applications are open all year • Overview. As part of the City asset management implementation plan, staff is required to update their asset registry including condition rating. This project will be completed using internal SERVICE AND FINANCIAL OUTCOMES The City of Saint John has an opportunity to leverage capital funding from the new FCM funding programs toward the capital cost of the City Asset Management Program and the City Market Renovation Project. These projects, if successful, will help reduce the City capital costs and support the long-term financial sustainability of the City of Saint John. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The following City departments were consulted during this process and preparation of the report: Finance & Administration Services, Saint John Water, Transportation, Corporate Services and Growth and Development. ATTACHMENTS N/A E:ic3 "Mil -74-Y... The city of Saint John 'A* 1'3 W51' WHEREAS: The Government of Canada recognizes the week of May 15 as National Police Week; and WHEREAS: the Saint John Police Force will be recognized as providing exemplary leadership and service reflective of the public safety needs of the community to enhance the quality of life; and WHEREAS: the Saint John Police Force has grown to be a modern and scientific law enforcement body, which increasingly provides a vital public service; and 'WHEREAS: everyday, law enforcement officers render dedicated service to their community, often times exposing themselves to substantial risk of death or great bodily harm; and WHEREAS- as concerns about crime rise, the way Canadians think about policing transformed. Integration of the creative thinking of law enforcement administrators and academics with a wide body of policy research findings has yielded the concept of community policing. Unlike programs intended to address specific problems faced by law enforcement, community policing calls an all- encompassing change in the way police perform their duties; and WHEREAS: it is important that all citizens know and understand the problems, duties and responsibilities of their police force, recognize their duty to serve the people by safeguarding life and property, by protecting them against deception and the weak against oppression or intimidation. ti NOW THEREFORE: 1, Mayor Don Darting, of Saint John do hereby proclaim that May 15 to 2,1, 2017, as Police Week in the City ofSaint John. In witness 'whereof I have set my hand and affixed the official seal of the Mavor of the Citv of Saint John. WHEREAS: the municipality of Saint John is committed to assisting citizens with disabilities to participate fully in our community; and WHEREAS: many persons living with disabilities face barriers in the areas of employment, access to information, transportation, housing, education, recreation, and other disability -related supports; and WHEREA S: we believe that more citizens with disabilities should have the chance to access disability related support to improve the opportunities in New Brunswick; and WHEREA S: we support the theme: "We need In!" NOW THEREFORE: 1, Mayor Don Darling, --of Saint ,John do hereby request the citizens of Saint John to join with our Common council in recognizing persons with disabilities and their role in our community by observance of disability Awareness Week, May 28th to June 3rd, 2017. In Witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. OPENING CEREMONIES: Monday, May 29,2017,630-8:30p.m. Harbour View High School, 305 Douglas Avenue, Saint John, NB Stage Production,: "StageAbility", a variety show. Show casing talents in singing, instrumental, dancing, story -telling, magic, comedy. Surprise guests and: Awards Presentations. CELEBRATING ABILITIES: Wednesday, May 31, 201,7, 1.1a.m. — 1:00 p.m. Little Angels Daycare, 815 Loch Lomond Road, Saint John, NB Experience through simulation daily living barriers of someone with, a disability. Receive specific information about various disabilities. EMPLOYMEN T SERVICES OPEN HOUSE: "rhursday, June 02, 2016, 2:00 -- 4:00p.m. 1,ptions Employment Outreach, 28 Richmond St. Suite 304, Saint John, NB Come meet representatives from many agencies in Greater Saint John who assist individuals with disabilities prepare for, gain, and maintain employment. Exchange information, business cards, and make appointments. *2 hour free parking on Exmouth Street. 'TOWN HALL MEET'ING:Thursday, June 01, 2017, 6:30 - 9,00p.m. Key Industries, 239 Charlotte Street, Saint John, NB World Caf6 style event focuses on disability issues in the City of Saint John. Registration starts at 6:30, come discuss barriers and celebrate successes with staff of various City departments, City Councilors and Door Prizes! WALK & ROLL CHALLENGE: Friday, June 03, 2016, 12:30 - 1:00 p.m. Marco Polo Cruise (111 Water Street) terminal to City Hall, Saint John, N13 A province wide 15 -minute Walk and Roll Challenge held at schools and other public locations in New Brunswick. Greetings from Mayor and Council at City Hlall plus a cake cutting ceremony and prizes to wind up the week!! Sign language interpreting services will be provided. Accessible Transportation available upon request: HANDI-BUS — 648-0609 For further information call Greg Cutler at 650-3763 or Cathy Patterson at 654-7877. Presented by SJAAC and our Partners:.Finca us on Facebook: Sant-John-,ANH!yL?�� New., Bf Nouveau unsWOR ,y i I rc� bA ct cn � � U C� ct • c O cn O (:t •� c cn ctU 4-4 O p cn ct cn � O � U +-j cn Ct O cncn N • U ct c U c U cn O cn O U U O U U 4-j a� , cn i U .ct U U • ct U cn O O Elm a--+ ct ct bA CZ U cz U cz O O � N CA CIO � O U Q c O a ct O .ct a --j cn O Wk NO �C m i •ctcty O +--+ O 4--j U ct --+ ctcn s--. 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(PlanSJ & MoveSJ) An efficient and safe operation/strategic planning of municipal transit services. Jeff McAloon — Chair Patricia Ellsworth — Vice Chair Tim Peterson - Secretary Treasurer Michael McGovern, Charles Bryant, David Duplisea, Donna Reardon — Members 87 staff comprised of- - 59 Full Time / 5 Part Time Drivers; - 19 Maintenance staff; - 10 Administration staff; $5,521,620 $4,647,500 City Fleet North Depot Continuous Improvement project has been identified and is ongoing in an effort to potentially utilize capacity at the Transit Building; A Continuous Improvement project is underway to review the potential of the City's Computer Data Center into the Transit Building. $10,169,120 YTD Actual Revenue: $1,093,312 Expenses: $2,569, 413 Cost of Operations: $1,476,101 City Subsidy: $1,380,406 Surplus / Deficit: (-$95,695) YTD Budget Revenue: $1,155,500 Expenses: $2,576,087 Cost of Operations: $1,420,587 City Subsidy: $1,380,406 Surplus / Deficit: (-$40,181) - Focus on completion of Phase II of the Transportation Plan (MoveSJ) as it relates to Transit and Parking; - Immediate (2017) execution of tactical items as identified in the new Transportation Plan; - Complete a multi-year Strategic Parking and Transit Plan with the Commission(s); - Continued analysis and route optimization initiative utilizing electronic passenger Ii[II:3 counters with the goal of increasing ridership and decreasing costs; - A focus on strategic marketing and external communications making Transit top of mind; - Understanding Phase II funding requirements of the Public Transit Infrastructure Fund program; - A review of Transit - Pay by Phone - applications reducing the cost of handling cash; - A focus on Employer and Post -Secondary Transit programs to increase ridership; - Continued focus on full utilization of the Transit building garnering a revenue stream and/or cost reduction; Performance Area Targets will continue to evolve as a result of Phase II of the Transportation Plan and through the Commission(s) efforts on a multi-year Strategic Plan; - Successfully engaged Service New Brunswick property assessment in a Transit building site walk as a result of the Public Library tenant change. Public Libraries are exempt from paying property Tax. This resulted in more than a $127,000 annual reduction to Transit's property tax bill. (Note: While this will be realized in 2017, the above financials do not include this expense reduction.) - Continuously improving upon our real time information passenger information system, with the installation of an Automatic Voice Announcement system (AVA); - Continuously improving upon our real time information passenger information system, with the installed Automatic Passenger Counter (APC) systems; - Acquired Public Transit Infrastructure funding totalling 3.6M; - Procured 12 new buses inclusive of all real time information passenger information; - Initiated development of a part time roster of drivers to reduce overtime expenditures— Annual estimated Savings: $50,000 - Final stages of enhanced safety program in conjunction with WorkSafeNB advisement. The goal with this initiative is to reduce assigned rate. Conservative estimated annual savings: $30,000; - Due to non-use, targeted trip and route reductions. Annual savings to date: $28,000; - Customer Service training for all drivers underway; Ridership to date, or revenue to operate, is slightly lower in 2017 compared to 2016. Both are significantly lower than 2015. Notable is the fact that April 1, 2015 Transit fare increased and it would appear this has had an impact on ridership. While a fare increase is not the only factor impacting ridership, it has had an impact. Three of our Commission(s) member terms are ending in the fall of 2017. Each member has interest, and is eligible to, reoffer for an additional 3 year term. SJPC would more than welcome these highly contributing members in an additional term. None. `[ole.] `sK May 2017 Parking Commission The Commission exists for the purpose of conducting the necessary activity, to maintain the efficient operation of both on -street and off-street parking facilities. These business processes are for the fulfillment of public needs in relation to- - Parking in general; - The establishment of a permanent coordinated system of parking facilities; - Parking planning, design, location and acquisition; - Maintenance, operation, ownership, leasing, in the capacity of lessor or lessee, land, buildings and facilities allocated to parking; To effectively and efficiently manage On and Off -Street Parking while supporting Municipal growth and priorities. Jeff McAloon — Chair Patricia Ellsworth — Vice Chair Tim Peterson - Secretary Treasurer Michael McGovern, Charles Bryant, David Duplisea, Donna Reardon — Members 17 - comprised of Saint John Parking Commission staff and contracted services members; Saint John Parking Commission does not receive an operating subsidy from the City; There are two (2) revenue streams for the Saint John Parking Commission - On -Street Parking: Net revenue generated by this business process is directly allocated to the City of Saint John. The Saint John Parking Commission does not realize a net financial benefit of this business process. Off -Street Parking inclusive of the Peel Plaza Parking Garage. Note: 100% of this revenue stream is realized by the Saint John Parking Commission. In January 2017 the City's Continuous Improvement team embarked on a comprehensive review of all projects with the goal of identifying which will be worked on in 2017. Upon review, the projects proposed by the SJPC were moved out beyond 2017. The Summons process that commenced in 2016 will be finalized in April 2017. The end State of the Summons process was to have all meter and traffic by-law infractions, tied directly to Service New Brunswick services. This portion of the Cl project was deemed out of scope, but the SJPC is going to pursue this regardless. On -Street Parking 2017 Budget Revenue: $1,920,500, Expenses: $602,655, Surplus / Deficit: $1,317,845 Off -Street Parking 2017 Budget 111 Revenue: $2,932,661, Expenses: $2,944,939, Surplus/Deficit: (-$12,278) On -Street: March YTD Actual — Revenue: $384,085, Expenses: $116,370, Surplus / Deficit: $267,715 YTD Budget - Revenue: $ 475,245, Expenses: $149,994, Surplus / Deficit: $325,251 Revenues are lower than budgeted. This is a result of a very challenging month of February with significant snowfall. Although lower than budgeted, our monthly revenue is approximately $50,000 higher than at the same point in 2016. HotSpot is having a significant impact on parking tickets, which is great for the public. A win-win situation, as it generates additional meter revenue while reducing the number of tickets issued. Off Street: March YTD Actual — Revenue: $662,509, Expenses: $799,903, Surplus / Deficit: (-$137,394) YTD Budget — Revenue: $715,637 Expenses: $778,068, Surplus / Deficit: (-$62,431) Last fall SJPC budgeted to have Off -Street parking rates increased by January 1. Varying challenges prevented this and we could not increase rates until March 1 which is largely the cause of the above variance from budget. . - Focus on completion of Phase II of the Transportation Plan as it relates to Parking and Transit; - Immediate (2017) execution of tactical items as identified in the new Transportation Plan; - Complete a multi-year Strategic Parking and Transit Plan with the Commission(s); - Plan Off -Street Parking capacity as new structured parking emerges (Ex. JD Irving Parking Garage, Irving Oil HQ Parking Requirements); - Review and understand how SJPC can add value to Parking at City owned assets (Ex. Harbour Station, Market Square); - Identify strategic land use opportunities as it relates to the overall Growth Plan; - Identify technology to add efficiency to On -Street Parking enforcement (Ex. Electronic Chalking); - Align On -Street Parking enforcement with uptown business needs (Ex. On -street Overnight Parking); - Work toward On and Off street parking availability representation, electronically; Performance Area Targets will continue to evolve as a result of Phase II of the Transportation Plan and through the Commission'(s) efforts in development of a multi-year Strategic Plan; - All Off-street parking lot rental rates match market demand and align with other parking entities throughout the City. - Introduced Volunteer and Reserved meter parking passes, to assist with parking issues in the Uptown area; Renewal of all existing expired (2016 & earlier) land lease agreements; Enhanced Social Media efforts - Introduction of a Twitter account for the SJPC; Notable: This was particularly useful especially during the significant snowfalls in February. Anticipation of Waterfront Development to eliminate two (2) significant parking lots. - Ward Street (100 spaces) — Hourly and daily parking - Water Street (179 spaces) — Monthly parking Addition of a new parking structure by JD Irving representing (537 spaces). Notable: SJPC currently rents more than 380 monthly spaces to JD Irving employees. Addition of a new parking structure by Irving Oil — impact to be determined.. Monthly Rental Price inconsistencies with other city owned entities. (Ex. Harbour Station) It is SJPC's view that monthly off street parking offered by any City owned property be managed centrally by SJPC. Three of our Commission(s) member terms are ending in the fall of 2017. Each member has interest, and is eligible to, reoffer for an additional 3 year term. SJPC would more than welcome these highly contributing members for an additional term. 10 1567M `6193 STREET CLOSING GRANNAN STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending "A By-law Respecting The Stopping Up and Closing of Highways In The City of Saint John" at its regular meeting to be held on Monday, May 15, 2017 at 6:30 p.m. to stop up and close the following highway: GRANNAN STREET: All that portion of Grannan Street, a public street in the City of Saint John, in the County of Saint John and Province of New Brunswick, comprising 4.0 square metres, as shown on a Plan of Survey titled, "Plan of Survey Showing portion of Grannan Street, City of Saint John, Saint John County, New Brunswick," prepared by Hughes Surveys & Consultants Inc. and dated January 30, 2017 attached hereto. (INSERT PLAN) The proposed amendment and plan of the above described highway may be inspected by any interested person at the office of the Common Clerk, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m. Monday to Friday inclusive, holidays excepted. Written objections to the proposed amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk at 658-2862. FERMETURE DE RUE RUE GRANNAN Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier Vo Arrdtd sur l'interruption de la circulation et la fermeture des routes dans The City of Saint John >> lors de la reunion ordinaire qui se tiendra le lundi 15 mai 2017 6 a 18 h 30 afin d'interrompre la circulation et de fermer la route suivante : RUE GRANNAN: Tout le tronron du rue Grannan, une rue publique dans The City of Saint John, comt6 de Saint John, dans la province du Nouveau -Brunswick, d'une superficie d'emiron 4.0 mz comme le montre le plan d'arpentage intitule « Plan d'arpentage indiquant une partie du rue Grannan, City of Saint John, comt6 de Saint John, Nouveau - Brunswick », pr6par6 par Hughes Surveys & Consultants Inc. et date du 30 janvier 2017, ci- joint. (INSERER LE PLAN) Toute personne intdressee peat examiner les projets de modification et le plan des rues decrites ci-dessus au bureau de la greffiere communale a 116tel de ville au 15, Market Square, a Saint John, au Nouveau -Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours fdrids. Veuillez faire part de vos objections au projet de modification par dcrit a 1'attention du soussign6 a 1'h6tel de ville. Si vous exigez des services en frangais pour une reunion du conseil communal, veuillez communiquer avec le bureau de la greffiere communale au 658-2862. 114 Street JRue Canterbury cant�rbuN 1 y m I N v m SLi trE5 Z p � ' Y G 1 n o c� tN 1 c �`�E tee t5 yo• p � o 1 G7 p i 3 oma M a na r 1 F l �.P p ✓�� X PVD wig t n e11e aom�,uoe G-Mmol, pNeY�� Prapem gt2 p4D�NQu�txn wd Po gsht4 totor+ l Quattr°Rag IF -m. z t~*Lar} .S 6130 t3 oGC' Y $y$$$E zz 2 eoeo Xaaag3 �s a p wz a: 7 C.Uc LQVm222 i Z a c = 0 a yy pp Nm 1i19.nb O-1°m�1Om°'mb U.� 'm nnnnnr�innn � o nnn>`nnnn C `m C7 � Y O w •m n c mn a'��am ni'ym� C p m 'O Ng�n�W m o x asi }Y wxi mi -"r3 n� rHnNnnnw Z v e o a Y Ott*' p J2n •; p E m� U� ZNgp mm qqm r _ .i g e •07M y. o e' w m a9n c S �d� c2�e $ A s a a a 4� N q 4m a E �- n w$° $S-$° L V)C7 F2A Q O 4D G 7 e -°an C O Y.F7 7S �p =m v 6 E'^ 8¢ _ c �� e �2� 88=� 8 o mIH aL�m ° .3 y � mz 00 u c ° m` m n Via•.. 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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: Cif a,,yror d aire ARRETE MODIFIANT L'ARRETE SUR L'INTERRUPTION DE LA CIRCULATION ET LA FERMETURE DES ROUTES DANS THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a decrete ce qui suit : 1 Par les presentes, 1'arretd de The City of Saint John intitule, «L'arretd sur ]'interruption de la circulation et la fermeture des routes dans The City of Saint John», decrete le 19 decembre 2005, est modifid par Pajout de Particle 243 immediatement apres ]'article 242, comme suit : 243 Par les prdsentes, The City of Saint John barre et ferme de fagon permanente la route suivante : RUE GRANNAN : Tout le trongon du rue Grannan, une rue publique dans The City of Saint John, comte de Saint John, dans la province du Nouveau -Brunswick, dune superficie d'environ 4.0 m2 comme le montre le plan d'arpentage intitule « Plan d'arpentage indiquant une partie du rue Grannan, City of Saint John, comte de Saint John, Nouveau -Brunswick », prepare par Hughes Surveys & Consultants Inc. et date du 30 janvier 2017, ci joint. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete *** ***** 2017, avec les signatures suivantes : First Reading Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture - STREET CLOSING CLOVELLY DRIVE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending "A By-law Respecting The Stopping Up and Closing of Highways In The City of Saint John" at its regular meeting to be held on Monday, May 15, 2017 at 6:30 p.m. to stop up and close the following highway: CLOVELLY DRIVE: All that portion of Clovelly Drive, a public street in the City of Saint John in the County of Saint John and Province of New Brunswick, comprising 2,411 square metres as shown on a Plan of Survey titled, "Plan of Survey Showing portion of Clovelly Drive, City of Saint John, Saint John County, N.B.," prepared by Kierstead Quigley and Roberts Ltd. and dated March 28, 2017 attached hereto. (INSERT PLAN) The proposed amendment and plan of the above described highway may be inspected by any interested person at the office of the Common Clerk, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m. Monday to Friday inclusive, holidays excepted. Written objections to the proposed amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk at 658-2862. FERMETURE DE RUE PROMENADE CLOVELLY Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier 1'« Arrdte sur l'interruption de la circulation et la fermeture des routes dans The City of Saint John >> lors de la reunion ordinaire qui se tiendra le lundi 15 mai 2017 a 18 It 30 afin d'interrompre la circulation et de fermer la route suivante : PROMENADE CLOVELLY: Toute la pantie de la promenade Clovelly, une rue publique dans The City of Saint John, comte de Saint John, dans la province du Nouveau -Brunswick, d'une superficie d'environ 2 411 rn2 comme le montre le plan d'arpentage intitule << Plan d'arpentage indiquant une partie de la promenade Clovelly, City of Saint John, comte de Saint John, Nouveau -Brunswick », prepare par Kierstead Quigley and Roberts Ltd. et date du 28 mars 2017. (INSERER LE PLAN) Toute personae interessee peut examiner les projets de modification et le plan des rues decrites ci-dessus au bureau de la greffiere communale a 116tel de ville au 15, Market Square, a Saint John, au Nouveau -Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire part de vos objections au projet de modification par ecrit a 1'attention du soussigne a 116tel de ville. 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B$I �n �'g°' I P2,4i'7'& ou"U�l ee h (7 N N N N �I I isU �Si ii�E I.m rK G o'a m IIl��@� Z % S.�mm �mm,yinmmY Sm ® O d 'EE2zxi1 2 L99£ A BY-LAW TO AMEND A BY-LAW RESPECTING THE STOPPING UP AND CLOSING OF HIGHWAYS IN THE CITY OF SAINT JOHN Be it enacted by the Common Council of The City of Saint John as follows: 1 A by-law of The City of Saint John entitled, "A By-law Respecting The Stopping Up and Closing of Highways in The City of Saint John", enacted on the nineteenth day of December, A.D. 2005, is hereby amended by adding thereto Section 244 immediately after Section 243 thereof, as follows: 244 The City of Saint John does hereby stop up and close permanently the following highway: CLOVELLY DRIVE: All that portion of Clovelly Drive, a public street in the City of Saint John in the County of Saint John and Province of New Brunswick, comprising 2,411 square metres as shown on a Plan of Survey titled, "Plan of Survey Showing portion of Clovelly Drive, City of Saint John, Saint John County, N.B.," prepared by Kierstead Quigley and Roberts Ltd. and dated March 28, 2017 attached hereto. IN WTI'NESS 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: ARRETE N- M-23 ARRETE MODIFiANT L'ARRETE SUR L'INTERRUPTION DE LA CIRCULATION ET LA FERMETURE DES ROUTES DANS THE CITY OF SAINT JOHN Lors d'unc reunion du conseil communal, The City of Saint John a ddcrdtd ce qui suit : 1 Par les prdsentes, Parretti de The City of Saint John intituld, «L'arretd sur 1'interruption de la circulation et la fermeture des routes dans The City of Saint John» , d6cr&6 le 19 ddcembre 2005, est modifid par Pajout de Particle 244 immddiatement apres Particle 243, comme suit . 244 Par les presentes, The City of Saint John barre et ferme de fagon permanente la route suivante : PROMENADE CLOVELLY : Toute la partie de la promenade Clovelly, une rue publique dans The City of Saint John, comtd de Saint John, dans la province du Nouveau -Brunswick, d'une superficie d'environ 2 411 mz comme le montre le plan d'arpentage intituld « Plan d'arpentage indiquant une partie de la promenade Clovelly, City of Saint John, comtd de Saint John, Nouveau - Brunswick », prdpard par Kierstead Quigley and Roberts Ltd. et datd du 28 mars 2017. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arretd *** ***** 2017, avec les signatures suivantes : Common Clerk/Greffier communal First Reading M Premidre lecture Second Reading - Deuxiemc lecture - Third Reading - Troisidrne lecture A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: 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 4,227 square metres, located at 307 Westmorland Road, also identified as PID No. 00316430, from Local Commercial (CL) to General Commercial (CG) pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. 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: A K K r, it r4 IN 1..1'. 11,1-4u ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decr6te ce qui suit : L'arrete de zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par: 1 La modification de 1'annexe A, Carte de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain d'une superficie d'environ 4227 metres carres, situee au 307 Chemin Westmorland, et portant les NID. 00316430, de zone Commerciale locale (CL) a zone Commerciale generale (CG) conformement a une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur Purbanisme. - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2017, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - May 1, 2017 Premiere lecture - le 1 mai 2017 Second Reading May 1, 2017 Deuxieme lecture - le 1 mai 2017 Third Reading Troisieme lecture - Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe ((A>) de I'Arrete de zonage de The City of Saint John Pursuant to a Resolution under Section 39 of the Community Planning Act Conform&ment A une resolution adopt6e par le conseil municipal en vertu de I'article 39 de la Lai sur l'urbanisme Applicant: Krista McDevitt Location: 307 Westmorland Road PlD(s)INiP(s): 00316430 Considered by P.A.C.Iconsidere par le C.C.U.: April 19 avril, 2017 Enacted by Council/Approuve par le Conseil: RM Section 39 Conditions -307 Westmorland Road RESOLVED that Common Council rescind the Section 39 conditions imposed on the January 25, 1988, rezoning of the property located at 307 Westmorland Road, also identified as PID Number 00316430; and that, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land having an area of approximately 4,227 square metres, located at 307 Westmorland Road, also identified as PID Number 00316430 shall be subject to the following conditions: a. The following uses General Commercial [CG] uses are not permitted: a. Accommodation b. Bar, Lounge, or Nightclub c. Financial Service d. Private Club e. Recreational Vehicle Sales and Service, Small f. Recycling Bins g. Service Station h. Vehicle Repair Garage i. Vehicle Sales, Incidental j. Parking Lot, Commercial k. Parking Lot, Parking Structure b. The front yard of the property be improved through landscaping in accordance with the general landscaping provisions of the Zoning Bylaw subject to a plan prepared by the property owner and approved by the Development Officer and that this be completed within the earlier of three years of the rezoning or within one year of the sale of the property from the current owner. 122 A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is hereby amended as follows: 1. Section 3.1 is amended by deleting the definitions for "agricultural use", "forestry use", "garden centre", "light industrial use", "research and development facility", and "special industrial use" and replacing them with the following: "agricultural use" means the cultivation of the soil to produce a crop, or the raising of a domestic animal, including, but not limited to, the growing of a crop, an agro-forestry operation, garden, greenhouse, maple syrup production, nursery, orchard, or vineyard, or the keeping and raising of bees, fish, fowl, livestock, or fur or wool bearing animals. A Medical Marijuana Production Facility is a separate use. "forestry use" means any use of land, building, or structure, where timber resources of any cumulative ground area are cultivated, managed, or harvested, but does not include manufacturing or processing of such products. A Medical Marijuana Production Facility is a separate use; "garden centre" means any use of land, building, or structure for the display and sale of plants, gardening, or landscaping equipment or supplies. A Medical Marijuana Production Facility is a separate use. "light industrial use" means any use of land, building, or structure, involving a manufacturing process whether or not a finished article is produced, and may include the repairing and or servicing of a vehicle, machinery, or building where the manufacturing process occurs or the material is used or stored, and the transportation of material, ARR 1 E IV C.Y. 111-41 ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a ddcrdtd cc qui suit : L'arrete de zonage de The City of Saint John, ddcrdtd le quinze (15) decembre 2014, est modifid par: 1. L'article 3.1 est modifie par suppression des definitions de << centre jardinier », < installation de recherche et de developpement », v usage agricole », usage d'industrie ldgere », (< usage forestier » et « usage industriel particulier » et leur remplacement par cc qui suit: centre jardinier » Vise 1'usage d'un terrain, d'un batiment ou d'une construction pour Pexposition et la vente de plantes ou d'dquipement et de fournitures de jardinage ou d'amenagement paysager. Les installations de production de marihuana thdrapeutique constituent un usage distinct. (garden centre) « installation de recherche et de developpement » Etablissement ou sont effectues des recherches, des etudes, des essais ou des experiences scientifiques a Finterieur d'un batiment en vue du ddveloppement de technologie de l'information de pointe ou de prototypes ou de fabrication de produits de technologie de pointe et pouvant comporter de nombreux usages secondaires lies a 1'etablissement, tels que, notamment, des salles de conference, des services de restauration, de sante et de Bien -etre, des laboratoires, des salles de reunion, des services d'imprimerie, des services professionnels ou juridiques, des services de consultation technique, des installations de formation ou d'autres installations similaires. Les installations de production de marihuana therapeutique constituent un usage distinct. (research and development facility) << usage agricole » S'entend du travail du sol en vue de produire une recolte et de 1'e1evage d'animaux domestiques; sont notamment visas la culture de produits agricoies, les activites agroforestieres, les jardins, les serres, les productions de sucre d'erable, les pepinieres, les vergers, les vignes, I'apiculturc, la pisciculture, l'aviculture et 1'elevage de betaiI et goods, or commodities to and from the premises that will not cause injury to or prejudicially affect the amenity of the locality by reason of the following restrictions: (a) Water usage being restricted to employee washrooms, indirect cooling and pressure testing of equipment, cleaning of vehicles and or equipment, and similar uses ancillary to the manufacturing process; (b) No effluent discharge or contaminant which may contribute to the biological, chemical, physical, or aesthetic pollution of land, water, and or air; and (c) No manufacturing processes or activities, other than outdoor storage, parking, and loading, shall take place outside of a building. A Medical Marijuana Production Facility is a separate use. "research and development facility" means an establishment, where scientific research, investigation, testing, or experimentation takes place within a building for the development of advanced information technology, prototypes, or manufacturing of advanced technology products, and includes a wide variety of secondary uses relating to the operation such as, but not limited to, conference facility, food service, health and wellness, laboratory, meeting facility, printing service, professional and or legal service, technical consulting, training facility, or other similar facilities. A Medical Marijuana Production Facility is a separate use. "special industrial use" means an industrial use, principally for one or more of the following: (a) The manufacture or assembly of products using innovative or advanced technology where substantial value is created or added to the product through the process of its manufacture or assembly; d'animaux a tourrure ou a lame. Les installations de production de marihuana thdrapeutique constituent un usage distinct. (agricultural use) usage d'industrie legere » Usage de terrains, de batiments ou de constructions ayant recours a un procede de fabrication, peu importe qu'un article fini soit produit ou non, et pouvant comprendre la reparation ou Pentretien de vehicules, de machines ou de batiments, ou ont lieu le procedd de fabrication ou Putilisation ou Fentreposage du materiel, ainsi que le transport, jusqu'aux lieux et a partir de ceux-ci, de materiaux, de biens ou de produits, qui n'occasionne pas de dommagcs et ne porte pas prejudice d Pagrdment de la localite, etant exercd dans le respect des conditions suivantes : a) 1'utilisation de Peau est limitde aux usages accessoires au procede de fabrication, notamment Palimentation en eau des toilettes des employes, le refroidissement indirect, les essais de mise en pression d'equipement et le nettoyage de vehicules et d'dquipement; b) it n'y a pas de rejet d'effluents ou de contaminants susceptibles de contribuer A la pollution biologique, chimique, physique ou esthetique du sol, de Peau ou de Pair; C) aucun procddd de fabrication ni aucune activitd manufacturiere, sauf Pentreposage en plein air, le stationnement et le chargement, n'ont lieu a 1'exterieur d'un batiment. Les installations de production de marihuana thdrapeutique constituent un usage distinct. (light industrial use) « usage forestier » Vise l'usage d'un terrain, d'un batiment ou d'une construction a des fins de culture, de gestion ou de recolte des ressources ligneuses de tout agregat de terrains, mais non la fabrication et la transformation de ces ressources. Les installations de production de marihuana therapeutique constituent un usage distinct. (forestry use) o usage industriel particulier » Usage industriel servant principalement a une ou plusieurs des fins suivantes : a) la fabrication ou Passemblage de produits ayant recours a des technologies (b) Research and development uses where innovative or advanced technologies are employed; and (c) Any indoor display office, technical, administrative or employee support area, or the storage, shipment, or distribution of the product, shall be considered accessory to any Special Industrial Use, but does not include industrial uses that process raw or petrochemical materials. A Medical Marijuana Production Facility is a separate use. mnovatnces ou a cies tecnnologies ae pointe entramant la creation d'une valour considerable ou Pajout d'une valeur considerable a ces produits; b) les usages de recherche et de ddveloppement ayant recours a des technologies innovatrices ou a des technologies de pointe; C) les bureaux d'exposition interieurs, les aires de soutien technique ou administratif ou de soutien a 1'employe, ou 1'entreposage, le transport ou la distribution des produits sont reputes accessoires a tout usage industriel particulier; sont exclus les usages industriels visant la transformation de matii;res premieres ou de produits petrochimiques. Les installations de production de marihuana therapeutique constituent un usage distinct. (special industrial use) 2. Section 3.1 is amended by adding 2. L'article 3.1 est modifie par the following definition: insertion de la definition suivante : "medical marijuana production facility" means an establishment where marijuana used for medical purposes is cultivated, processed, tested, destroyed, stored, packaged or distributed. c< installation de production de marihuana therapeutique » Etablissement oit a lieu la culture, le traitement, les essais, la destruction, le stockage, 1'emballage ou la distribution du marihuana therapeutique. (medical marijuana production facility) 3. Subsection 4.2(b) is amended by 3. Le paragraphe 4.2b) est modifid adding the following: par adjonction de cc qui suit Use Medical Marijuana Production Facility Minimum Number of Parking Spaces 1 per 200 square metres for the first 2,000 square metres plus 1 per 500 square metres of additional floor area Usage Installation de production de marihuana therapeutique Nombre minimal d'emplacements de stationnement obligatoires un par 200 metres carrels, plus un par 500 metres carrels au -dela de 2 000 metres carres 4. The following section is added 4. L'article qui suit est insdrd immediately following Section 9.19: immediatement apres Particle 9.19 : "9.20 Medical Marijuana « 9.20 Installations de production de Production Facilities marihuana thdrapeutique Where permitted by this by-law, a medical marijuana production facility is subject to the following requirements: (a) all functions associated with a medical marijuana production facility shall be conducted within a completely enclosed building; La ou le present arret permet leur amenagement, les installations de production de marihuana therapeutique sont subordonndes aux conditions suivantes a) toutes les activitds rattachecs h Nnstallation de production de marihuana therapeutique ont lieu a l'intdrieur d'un batiment completement ferme; (b) no lot containing a medical marijuana production facility shall be permitted within 15 in of any residential zone or a lot containing an existing public or private school measured to the property line; (c) no outdoor storage associated with a medical marijuana production facility is permitted. 5. Section 12 is amended by adding to Table 12-1 a row immediately after the row containing the words "Marshalling Yard" in the column labelled "Use" with the words "Medical Marijuana Production Facility" and indicating that the permitted zones are IM and IH. 6. Subsection 12.2 (1) is amended by adding the following words "Medical Marijuana Production Facility, subject to section 9.20;" immediately- after the words "Light Industrial Use." 7. Subsection 12.3 (1) is amended by adding the following words "Medical Marijuana Production Facility, subject to section 9.20;" immediately after the words "Marshalling Yards." 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: ITS b) it est interdit d'amenager une installation de production de marihuana therapeutique a moins de 15 m d'unc zone residentielle ou d'un lot sur lequel se trouve une ecole publique ou privee existante, distance mesuree a partir de la limite de propriete; C) Fentreposage a fair libre rattache a une installation de production de marihuana therapeutique est interdit. 5. L'article 12 est modifie par insertion dans le tableau 12-1, immediatement apres Pentree « Installation de distribution », d'une ligne comportant les mots a Installation de production de marihuana therapeutique » dans la colonne intitulee « Usage » et indiquant que Pusage est permis dans les zones IM et IH. 6. Le paragraphe 12.2 (1) est modifie par insertion de o installation de production de marihuana therapeutique, sous reserve de Particle 9.20; » immediatement apres installation de distribution; >>. 7.' Le paragraphe 12.3 (1) est modifie par insertion de o installation de production de marihuana therapeutique, sous reserve de Particle 9.20; » immediatement apres gare de triage; ». EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2017, avec les signatures suivantes Common Clerk/Greffier communal First Reading - May 1, 2017 Premiere lecture - le 1 mai 2017 Second Reading - May 1, 2017 Deuxieme lecture - le 1 mai 2017 Third Reading - Troisieme lecture BY-LAW NUMBER M-5 A LAW TO AMEND A BY-LAW RESPECTING THE PROCEDURE OF THE COMMON COUNCIL OF THE CITY OF SAINT JOHN ARRETE N° M-5 ARRETE MODIFIANT L'ARRETE CONCERNANT LE REGLEMENT INTERIEUR DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN Be it enacted by the Common Council of Lors dune reunion du conseil communal, The City of Saint John as follows: The City of Saint John a d6cr&6 ce qui suit : A By -Law of The City of Saint John entitled "a By -Law Respecting the Procedures of the Common Council of The City of Saint John" enacted on the 29'l' day of November, A.D. 2010, is hereby amended as follows: Par les pr6sentes, Parretd de The City of Saint John intitul6 << Arret6 concernant le reglement intdrieur du conseil communal de The City of Saint John », 6dict6 le 29 novembre 2010, est modifi6 comme suit : 1 Sections 8.6 to 8.9 are repealed and 1 Les paragraphes 8.6 a 8.9 sont abrog&s et replaced with the following: remplacds par ce qui suit : "8.6 Delivery - to Members - prior to Meeting The Clerk shall use best efforts to ensure that copies of the agenda and Council kit for regular meetings of Council are delivered in printed format and/or distributed electronically to each Member so that they are received in each case by 4:30 p.m, on the Thursday immediately preceding the regular meeting. 8.7 Made available - to officers - staff The Clerk shall use best efforts to ensure that electronic copies of the agenda and Council kit for regular meetings of Council are made available to all Corporation officers and staff who are to receive copies thereof as determined by the City Manager on the Thursday immediately preceding the meeting. 8.8 Made available - public The Clerk shall use best efforts to ensure that copies of the agenda and Council kit for regular meetings of Council are made available to the general public at the office of the Clerk and on the website of The City o 8.6 Distribution aux membres avant la reunion Le greffier ou la greffiere doit faire tout ce qui est en son pouvoir pour s'assurer que les copies de l'ordre du jour et la trousse de documents relatifs aux r6unions ordinaires du conseil sont distribu6es sous forme imprim6e et/ou 6lectronique de maniere a ce que chaque membre les reNoive avant 16 h 30 le jeudi pr6c6dant la rdunion ordinaire. 8.7 Mis a la disposition des dirigeants et des employes Le greffier ou la greffiere doit, le jeudi pr6c6dant la reunion, faire tout ce qui est en son pouvoir pour s'assurer que l'ordre du jour et la trousse de documents relatifs aux r6unions ordinaires du conseil, sont transmis sous forme 6lectronique a tour les dirigeants et employds de la Corporation qui doivent les avoir recus, comme 1'indique le directeur g6ndral. 8.8 Disponibilite de Pordre du jour, grand public HOW Le greffier ou la greffiere doit faire tout ce qui est en son pouvoir pour s'assurer que l'ordre du jour et la trousse de documents relatifs aux r6unions ordinaires du conseil sont mis a la disposition du grand public au of Saint John by 4:30 p.m. on the Friday immediately preceding the regular meeting. 8.9 Submissions - to Clerk - deadline All submissions for inclusion in the agenda for regular meetings of Council shall be submitted to the Clerk no later than 4:00 p.m. on the Wednesday immediately prior to the day on which the agenda is to be distributed pursuant to Sections 8.6 and 8.7." 2 Section 9 is amended by adding the words "- Communications from the public" immediately after the word "Petitions". bureau du greffier communal ou de la greffiere communale et sur le site Web de The City of Saint John avant 16h30 le vendredi precedent 1a reunion ordinaire. 8.9 Propositions au greffier ou A In greffi0e, date limite Toute proposition devant etre inscrite a 1'ordre du jour des reunions ordinaires du conseil doit etre remise au greffier ou a la greffiere avant 16 h le mercredi precedant la date a laquelle Pordre du jour doit Etre distribu6 en vertu des paragraphes 8.6 et 8.7. » L'article 9 est modifid par Padjonction des mots «, communications du public » immediatement apr6s le mot « Petitions ». 3 The following Section is enacted and added 3 Le paragraphe suivant est edictds et immediately following Section 9.2: suivent imm6diatement Ie paragraphe 9.2: "9.3 Communications from the public (1) Communications from the public given to the Council, a Committee or the CIerk: (a) All communications about a matter on a meeting agenda that Council, a Committee or the Clerk receives shall become part of the public record. (b) All communications shall be available to Members and to the public before a meeting or, if necessary, distributed directly to Members and the public during a meeting. (2) Requirements for communications from the public given to Council, a Committee, or the Clerk: All communications shall be in writing and: (a) be delivered in person or sent by mail, e-mail or fax; (b) be addressed to Council, a Committee or to the Clerk; iIK-13 9.3 Communications du public (1) Les communications du public presentdes au conseil, a un comit6, au greffier ou a la greffiere : a) Toute communication relative a un sujet a 1'ordre du jour d'une reunion que le conseil, un comit6, le greffier ou la greffi6re recoit, fait partie des archives publiques. b) Toute communication est mise a la disposition des membres et du public avant une reunion, ou si n6cessaire, remise directement aux membres et au public au cours d'une reunion. (2) Exigences relatives aux communications du public remises au conseil, a un comite, au greffier ou a la greffiere : Toute communication est faite par ecrit et: a) est livree en personne ou envoy6e par la poste, par courriel ou par fax; b) est adress6e au conseil, a un comit6, au greffier ou a la greffi&e; (c) be legible; (d) be in a reproducible format; (e) include the name and mailing address or the telephone number of the author, and (f) not contain defamatory or offensive language. (3) Public communications and public record: Personal information and opinions in communications shall become part of the public record, unless the author of the communication requests the removal of his personal information when submitting it, or the Clerk determines that the release of the personal information contravenes the Right to Information and Protection of Privacy Act, SNB 2009, c R-10.6, and amendments thereto. (4) Consideration of communications by Corporation officer: (a) If the Clerk determines that a Corporation officer should consider any communication prior to a meeting, the Clerk shall forward a copy of the communication to the appropriate Corporation officer. (b) If paragraph (a) applies, the Corporation officer may submit a report directly to Council or the Committee in response to the communication." c) est lisible; d) est dans un format reproductible; e) inclut les nom et adresse postale ou le num6ro de 161ephone de 1'auteur; et f) ne contient pas de propos diffamatoires ou offensants. (3) Communications publiques et archives publiques : Toute information personnelle et opinion contenues dans les communications font partie des archives publiques, a moins que 1'auteur de la communication demande que son information personnelle soit retiree lorsqu'il la pr6sente ou si le greffier ou la greffiere juge que la diffusion de Pinformation personnelle contrevient a la Loi sur le droit a Pinformation et la protection de la vie privee, LN -13 2009, c R-10.6 et les modifications aff6rentes. (4) Examen des communications par un dirigeant de Ia Corporation : a) Si le greffier ou la greffiere consid6re qu'un dirigeant de la Corporation devrait examiner une communication avant une reunion, le greffier ou la greffiere retransmet une copie de la communication au dirigeant de la Corporation concern. b) Si I'alin6a a) s'applique, le dirigeant de la Corporation peut soumettre un rapport directement au conseil ou au comitd en r6ponse a la communication. » 4 Section 10.1 is amended by deleting the 4 Le paragraphe 10.1 est modifi6 par la word "Tuesday" immediately after the words suppression du mot « mardi » "prior to 4:00 pm on the" and replacing it with the imnnddiatement apres les mots o avant 16 word "Wednesday". h le » et son remplacement par le mot o mercredi ». 5 Section 10.3 is amended by deleting the 5 Le paragraphe 10.3 est modifi6 par la word "Tuesday" immediately after the words suppression du mot « mardi » "prior to 4:00 pm on the" and replacing it with the immddiatement apres les mots « avant 16 word "Wednesday". h le » et son remplacement par le mot o mercredi ». 11NO.1 6 Section 15.24 is amended by deleting the 6 Le paragraphe 15.24 est modifie par la word "Tuesday" immediately after the words "not suppression du mot o mardi » later than 4:00 pm on the" and replacing it with the imm6diatement apr6s les mots o au plus word "Wednesday". tard a 16 h le >> et son remplacement par le mot << mercredi >>. 7 Section 21.2 is amended by deleting the 7 Le paragraphe 21.2 est modifie par la word "Wednesday" immediately after the words suppression du mot «mercredi >> "received in each case on the" and replacing it with imm6diatement apres les mots << les the word "Thursday". regoivent touj ours le >> et son remplacement par le mot « jeudi >>. 8 Section 21.3 is amended by deleting the 8 Le paragraphe 21.3 est modifie par la word "Wednesday" immediately after the words suppression du mot << mercredi >> "by the Chief Administrative Officer, on the" and imm6diatement apr6s les mots o commc replacing it with the word "Thursday". Pa indiyud le directeur, le >> et son remplacement par le mot o jeudi » . 9 Section 21.5 is amended be deleting the 9 Le paragraphe 21.5 est modifie par la word "Tuesday" immediately after the words "not suppression du mot o mardi » later than 4:00 pm on the" and replacing it with the imm6diatement apres les mots << au plus word "Wednesday". tard a 16 h le >> et son remplacement par le mot « mercredi >>. 10 Section 21.22 is amended by deleting the 10 Le paragraphe 21.22 est modifid par la word "Tuesday" immediately after the words suppression du mot << mardi » "prior to 4:00 pm on the" and replacing it with the imm6diatement apres les mots « avant 16 word "Wednesday". h le » et son remplacement par le mot o mercredi ». 11 Section 21.23 is amended by deleting the 11 Le paragraphe 21.23 est modifid par la word "Tuesday" immediately after the words suppression du mot « mardi » "prior to 4:00 pm on the" and replacing it with the imm6diatement apres les mots « avant 16 word "Wednesday". h le >> et son remplacement par le mot mercredi )>. 12 Section 21.26 is amended by deleting the 12 Le paragraphe 21.26 est modifie par la word "Tuesday" immediately after the words "by suppression du mot «mardi » 4:00 pm on the" and replacing it with the word imm6diatement apr6s les mots << avant 16 "Wednesday". h le >> et son remplacement par le mot mercredi ». 13 Sections 8.3, 8.4, 15.14, 17.3, 18.1, and 13 Les paragraphes 8.3, 8.4, 15.14, 17.3, 21.3 are amended by deleting the words "Chief 18.1, et 21.3 sont modifi6 par la Administrative Officer" and replacing them with suppression des mots << directeur general » the words "City Manager". et son remplacement par Ies mots << directeur general ». IN WITNESS WHEREOF The City of Saint John EN FOI DE QUOI The City of Saint John a fait has caused the Corporate Common Seal of the said apposer son sceau communal sur le present arret6 `Bill City to be affixed to this by-law the ....day le 2017, avec les signatures , A.D. 2017 and signed by: suivantes : Mayor/Maire Common Clerk / Greffier communal First Reading - May 1, 2017 Premi&re lecture - le 1 mai 2017 Second Reading - May 1, 2017 Deuxieme lecture - le 1 mai 2017 Third Reading - Troisieme lecture - 131 Received Date May 03, 2017 Meeting Date May 15, 2017 Open or Closed Open Session ' His Worship Don Darling and Members of Common Council Your Worship and Councillors: Subject: Road Re -naming— Pat Rocca Way Background: The Committee of the Whole, having met on March 6, 2017, recommended that the City Manager provide a report to Common Council regarding the renaming of North Market Wharf to Pat Rocca Way. That Common Council approve the renaming of North Market Wharf to Pat Rocca Way. Respectfully Submitted, (Received via email) Gerry Lowe Ward 3 Councillor City of Saint John C1107,11-11 SAINT JOHN r�r P.Q. Box 1971 Saint john, NB Canada E2L 40 i wwwsai"ohn.ca � C.P. 1971 Saint John, N. -B. Canada E2L 41-1 `19% COUNCIL REPORT M&C No. 2017-130 Report Date May 10, 2017 Meeting Date May 15, 2017 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Central Peninsula Neighbourhood Action Plan — Project Update & Public Launch Event 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 receive and file the Central Peninsula Neighbourhood Plan Public Launch Report. EXECUTIVE SUMMARY Since staff last connected with Council on the neighborhood plan, the neighborhood planning exercise has experienced great progress, including ongoing communications with potential external funding sources (Federation of Canadian Municipalities and Department of Environment and Local Government), participation from the Neighborhood Action Team, and a successful first trip to Saint John by the project consultant. Following the award of consulting services for the neighbourhood plan to Urban Strategies Inc., work has been underway to prepare for the formal public launch event, scheduled for May 24th, beginning at 4:30 PM at the Interaction School of the Performing Arts at the intersection of Germain and Duke Streets. The public launch is the first event of a comprehensive strategy to engage the community and key stakeholders on the development of the neighbourhood plan. PREVIOUS RESOLUTION That Common Council, `19193 -2- 1. 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 2. That the Mayor and Common Clerk be authorized to execute the consulting agreement. 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 Action Plan is an important tool to both guide and encourage positive change and development in Saint John's core urban neighbourhoods. 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 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. Since staff last connected with Council on the neighborhood plan, the neighborhood planning exercise has experienced great progress, including ongoing communications with potential external funding sources (Federation of Canadian Municipalities and Department of Environment and Local Government), participation from the Neighborhood Action Team, and a successful first trip to Saint by the project consultant. Engagement Completed to Date Since Common Council awarded consulting services for the neighbourhood plan to Urban Strategies Inc., preparation and preliminary engagement has been undertaken to support the public launch of the project on May 24th. This included the consulting team's first trip to Saint John, in which preliminary stakeholder engagement and an analysis of the community was undertaken. This included: • More than 20 key stakeholder interviews and focus groups with more than 50 participants; • Meetings with the Neighbourhood Action Team, the City's project team, the key stakeholder working group, and Common Council; and • A three hour walking tour of the Central Peninsula. Major Engagement Program Milestones -3 - The timeline for the overall engagement program for the development of the neighbourhood plan will be driven by major community engagement events coordinated with the project consultant, Urban Strategies Inc. These will be large scale open house and workshop style events open to the broader Saint John community and intended to draw a high volume of participants. They will include presentations, interactive panels and engagement stations, information on how participants can continue their involvement in the process, and in the case of the 2.5 day Central Peninsula Summit, it will include full workshops on specific themes. These events include: • Public Launch: May 24th • Central Peninsula Summit: July 6,7 & 8 • Public Open House: October • Adoption Process Public Hearings: spring 2018 Public Launch Event The first of the major engagement milestones is the public launch, which is scheduled for May 24th, beginning at 4:30 PM at the Interaction School of the Performing Arts at the intersection of Germain and Duke Streets. The role of the public launch is to kick-start the planning and community engagement process, raise awareness and excitement in the community, and to begin collecting visionary input from the community to inform the development of the neighbourhood plan. Draft Event Agenda 4:30 — Sign in, read about the project, and share your thoughts at the stations 5:30 — Welcoming remarks & Introduction of the Neighbourhood Action Team 5:40 — Presentation: About the Central Peninsula Neighbourhood Plan 6:00 — Community Speakers: Neighbourhood Action Team members share their aspirations for the Central Peninsula 6:20 — How to stay involved 6:30 — Meet, mingle and share your thoughts at the stations 8:00 — Event concludes The public launch will be a family friendly event with daycare provided on site. Efforts to market the program to the greater Saint John community with the following communications initiatives planned to be undertaken in conjunction with this update to Common Council. This includes: • Advertising the event through the City's website and social media, including the previous social media accounts established for PlanSJ; • An advertisement in the Around the Block community newspaper; • Approaching print and radio news media regarding stories on the neighbourhood plan and upcoming public launch; `19191 -4- • Reaching out to stakeholders and applicants to the Neighbourhood Action Team; • Placing 6 advertising signs in strategic locations in each of the Central Peninsula communities; and • Table top cards and window signs provided to Uptown businesses. Supplemental Engagement Program To supplement the major community engagement efforts hosted with the project consultant, the city project team in collaboration with key stakeholders will be hosting smaller scale, grass roots engagement events throughout the summer and fall. These engagement initiatives will be organized around the major engagement events with the goal of maintaining momentum and excitement around the project while also broadening the community discussion on the future of the neighbourhood. This will include the following engagement activities: • Digital Engagement: A digital engagement platform will go live in advance of the Public Launch to provide public information on the project and to allow the community to provide feedback from the convenience of their own home; • SMS Text Messaging Campaign: Signs will be placed in strategic locations on the Central Peninsula asking for feedback from the community on specific themes. Residents will be given the opportunity to text in their feedback, which will be displayed on an online interactive map; • Project Storefront: A project storefront will be piloted in the Uptown Saint John Inc. office on Canterbury Street. The storefront will act as a venue to display project information and to engage the community and will include city staff available periodically to interact with interested community members. The project storefront may be strategically relocated to other venues to engage the community on specific themes; • Pop -Up Engagement: City of Saint John staff will be attending key community events, festivals and facilities to engage community members that may not typically attend structured consultation events; • Stakeholder led Engagement: City staff will support and empower key stakeholders and community groups to further engage their clients, stakeholders and hard to reach segments of priority communities; • Stakeholder Focus Groups: Additional high impact stakeholders will be engaged through strategic workshops and focus groups on specific themes; and • Neighbourhood Plan Workbooks: Brief workbooks will be prepared for community members wishing to take home more information and to provide more detailed commentary on the future of the Central Peninsula. Cl�i�l 70n1in,eFeedb@& Communil� Text„ Campa� 0 Ne�basrhaxi FktiaiTeam W., �., - ; ffl�z - ............ E.orxxnhArts Ern�ironmersk & SERVICE AND FINANCIAL OUTCOMES -5- Stak +dderfaass Netrbourf ood Groups P1anVvbdd=1G (7� 177 Neighbourhood planning provides a framework for enhancing services, building community capacity and encouraging re -investment in targeted neighbourhoods. An application to the Department of Environment and Local Government's Environmental Trust Fund was successful in awarding $25,000 is grant funding for the neighbourhood action plan. Details on the results of the City's application for funding from the Federation of Canadian Municipalities Green Municipal Fund will be known within the next 1-2 weeks. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS Staff Presentation `19YA III Illlllllllllllllllllluu �, MrIts �Illllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllm PubkLaunch May24th III wIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Central Peninsula summit Jul? Illllllllllllllllllllllu �, PublicOpen House Ocmbe� Prarss(F>�L;HDB &CourxilPublic 10/05/2017 oa o r INP Waterloo Village s" i �Jptown South 's End v; `191.11 10/05/2017 10/05/2017 10/05/2017 MINI 10/05/2017 MIN 10/05/2017 `[193 10/05/2017 M"El! 10/05/2017 10/05/2017 M111.1 [N/ 10/05/2017 10 8[111:3 10/05/2017 11 `L'�7 10/05/2017 12 10/05/2017 13 151 10/05/2017 14 `M 10/05/2017 15 fIM 10/05/2017 16 WIt'll 10/05/2017 17 COUNCIL REPORT M&C No. 2017-123 Report Date May 08, 2017 Meeting Date May 15, 2017 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT. Tendering Policy for Construction Contracts OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioners City Manager Brian Keenan Brent McGovern/Michael Hugenholtz Jeff Trail RECOMMENDATION Common Council resolves to adopt the attached revision to the City of Saint John General Specifications Division 2 — Instruction to Tenderers and Tendering Procedures. EXECUTIVE SUMMARY As directed by Council at the May 1, 2017 meeting, the purpose of this report is to return to Council with the attached revision to Division 2 — Instruction to Tenderers and Tendering Procedures for consideration and adoption. BACKGROUND The existing City of Saint John Tendering Procedure for Construction Contracts states under Division 2.4 TENDER DOCUMENTS that "The City will not disclose its official list of bidders to Tenderers." This existing Tendering Policy for Construction Contracts was adopted by Common Council on November 17, 2003. -2 - ANALYSIS On January 23, 2017 the Saint John Construction Association presented at Common Council requesting release of the Plan Takers List prior to the closing of tenders for construction contracts. Common Council at its May 1, 2017 meeting tabled M&C 2017-104 with direction to the City Manager to return with proposed wording for a resolution relating specifically to releasing bidders lists for specialty projects. Routine street reconstruction or water and sewer renewal projects are tendered regularly and it is well understood in the local construction community who the suppliers are and who the general contractors are that would typically bid this work. 'Specialty' projects are those of a nature that are not frequently tendered in the City, and it may be conceivable that there are suppliers, subtrades and general contractors that do not know who would be interested. Staff have drafted the proposed attached policy language based on direction from Council from the May 1, 2017 meeting. It is proposed that specialty projects be identified for approval by Council at the time of the annual capital program submissions. For the previously approved 2017 Capital Programs staff recommend that the following approved projects be considered as "specialty" projects: • Greenwood Subdivision Wastewater Treatment Facility • Morna Heights Wastewater Treatment Facility • Musquash Pumping Station — Electrical Substation • Prestressed Concrete Cylinder Pipe Repair and Inspection The proposed revision to the current clause of Division 2 — Instruction to Tenderers and Tendering Procedures is shown in red and is attached to this report. ATTACHMENTS General Specifications proposed revision to Division 2 - Instruction to Tenderers and Tendering Procedures. `&V 2.3 SCHEDULE FOR THE TENDER PROCESS Issue Date of Request for Tender Deadline for Enquiries Deadline for Issuing Addenda Tender Closing The Schedule for the Tender Process is tentative only and may be changed by the City in its sole discretion at any time prior to Tender Closing. 2.4 TENDER DOCUMENTS 2.4.01 Tender Documents to be Obtained in Prescribed Manner Tender Documents shall be obtained from the City of Saint John, 175 Rothesay Avenue, 1St Floor, Saint John, New Brunswick. In order to obtain the Tender Documents the following requirements must be met: a) deposit a non-refundable payment for each set of Tender Documents in an amount specified in the tender advertisement; and b) the Tenderer must register on the City's official list of bidders for this project, as follows: (i) registration of the full legal name, contact person, telephone number, email address and fax number of the Tenderer obtaining the Tender Documents; or, if applicable, (ii) the registration of the full legal name, contact person, telephone number, email address and fax number of the Tenderer on whose behalf the Tender Documents are being obtained. The names of the Tenderers having complied with the above criteria will be consolidated onto the City's official bidders list. Only Tenderers listed on the City's official bidders list shall be entitled to submit a Tender. Any Tender received from a Tenderer who has not obtained the Tender Documents from the City of Saint John and is not registered on the City's official list of bidders for this project in the manner set out above will not be evaluated. The City will only disclose its official list of bidders for specialty projects which will be identified in conjunction with the annual capital program submissions for approval by Council. The City will post the official list of bidders for specialty projects meeting the above criteria, with updates on Tuesdays and Thursdays during the tendering period on the City of Saint John website www.saintiohn.ca under the Tenders & Proposals link. `N' FA COUNCIL REPORT M&C No. 2017-125 Report Date May 09, 2017 Meeting Date May 15, 2017 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Overnight Parking — Entertainment District OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Michael Hugenholtz I Jeff Trail RECOMMENDATION That staff proceed with appropriate by-law amendments for Council's consideration. EXECUTIVE SUMMARY Given the increasing number of bars and restaurants in the Uptown area, staff are recommending changes to the Traffic By -Law to permit overnight parking on certain streets in the Uptown. (lick here to eWer anv J)reViOUS releV�IW reSOILfliOn STRATEGIC ALIGNMENT This report aligns with Council's Priority for Vibrant Safe Community, specifically as it relates to increasing the vibrancy of the Uptown core. REPORT The Uptown core has seen a significant increase in recent years in the number of bars and restaurants, increasing the vibrancy of this area. Currently vehicles parking on -street overnight are in violation of the Traffic By -Law and may be ticketed. There has been feedback from the public and local business owners that this is bad for business and may encourage drinking and driving. After consultation and review of this issue it is proposed that overnight, on - street parking be allowed for certain times of the year. The area these rules would apply to is bounded by King Street & Duke Street, and Water Street and Charlotte Street. Specifically this would allow for overnight parking on Thursday, Friday and Saturday nights from May 1— October 31. fIN'f:3 -2 - SERVICE AND FINANCIAL OUTCOMES The specific days and time of the year has been selected so as not to interfere with regular service delivery. During the summer months the street sweeping and litter pickup efforts can be undertaken between Sunday and Wednesday evenings. During the winter months it is still recommended that the parking restrictions remain in place to facilitate snow clearing operations. This change will require an update to the Traffic By -Law, and replacement of the parking signage in the affected area. The cost is minor, and can be accommodated within existing budgets. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Staff from Growth & Community Development and Parking & Transit have been consulted and are supportive of this change. Uptown Saint John has been consulted and their membership is supportive of this change. ATTACHMENTS Letter of support from Uptown Saint John `P10.1 May 08, 2017 City of Saint John 15 Market Square Saint John, NB E21-41-1 Dear Mayor and members of Common Council; Uptown Saint John has experienced growth and more vibrancy over the last number of years. Therefore, we are very pleased that an initiative to have overnight parking in and around the entertainment district is being considered. We feel that the timing that coincides with the patio season is good messaging and aligns with the ease of operations. Thank you for this initiative and opportunity to change policy, enabling our Uptown to continue to grow! Regards, Na cy Tissington Executive Director Uptown Saint John Inc. CC: Board of Directors, Uptown Saint John Inc. Urove•Iife•uptown 17 Canterbury Street, Suite 180, Saint John, N B E2L 2C3 160 506.633.9797 1 uptownsj.com''1 (@uptowns] third space tiers espace J contemporary art contemporain 89 Canterbury St. Suite 407 Saint John New Brunswick E21 -2C7 CANADA www.thirdspacegattery.ca Mayor Don Darling and City Council 15 Market Square Saint John, NB E21-41-1 Re: Approval for Public Art Work on City Property Dear Mayor Don Darling and Council, On behalf of Third Space, I write this letter to request your permission to install a public work of contemporary art on city property. The requested location is at the end of Sydney Street, near Tin Can Beach and was chosen with guidance from the City of Saint John's Parks and Recreation Department. Please see the attached photo for reference. The proposed project is called Galleryfill and will be created by a Canadian artist named, Keeley Haftner. For this project, Keeley will be spending the last two weeks of June producing a miniature landfill (4'x 3') at the requested location and inviting Saint John artists to dispose of their unwanted, problematic, decaying, broken or damaged artworks. For this project, Third Space has partnered with Fundy Region Solid Waste and will be following the exact specifications expected of a municipal landfill: removing the topsoil, lining the shallow hole with stones, clay, a leachate barrier, packing the 'waste' (artworks) within the barrier, and sealing it to create a completely enclosed 'pocket' within the soil. Once covered, the area will be re -sodded and an engraved plaque will be erected to identify the grassy mound as a public work of art. This project has received full funding from the Canada Council for the Arts. Third Space consulted the Department of Fisheries and Oceans and has concluded that this project poses no risks to marine life. We look forward to hearing your decision and appreciate your time and attention. Sincerely, Emily Saab Executive Director Proposed location for Galleryfill installation: fl"M `ft M&C No. 2017-127 Report Date May 09, 2017 Meeting Date May 15, 2017 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Supply Agreement for Road Salt OPEN OR CLOSED SESSION This matter is to be discussed in closed session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jeff Hussey Mike Hugenholtz I Jeff Trail RECOMMENDATION It is recommended that Common Council that: 1. Award the supply contract for road salt to Windsor Salt Ltd. for a two year period, and further, that staff be authorized to exercise the optional third, fourth and fifth year extension periods if deemed in the City's best interest at that time. 2. That the Mayor and Common Clerk be authorized to sign the required contract documents. EXECUTIVE SUMMARY The City of Saint John uses road salt as well as sand to keep streets and sidewalks clear in the winter. Both materials are procured through supply contracts. Staff from Materials Management has reached out to the Province of NB and has requested that we 'piggy back' on the Provinces supply contract with Windsor Salt Ltd. The salt is to be stocked piled at the Saint John Port. Windsor Salt Ltd. will be supplying weigh scales at this location to be used when loading this commodity. The City of Saint John will be responsible for the pickup and delivery of the product to our salt storage facilities. The contract is a 2 year guaranteed fixed pricing with the option for up to 3 additional year's extension. The additional 3 year extensions will be negotiated on a year by year basis. IilCcfc3 -z - PREVIOUS RESOLUTION This commodity is tendered on an annual basis. STRATEGIC ALIGNMENT This report supports Council's priorities of Safe and Vibrant City and valued service delivery. SERVICE AND FINANCIAL OUTCOMES Staff estimate, based on historical usage data, the City's requirement for road salt is approximately $864,900 for year one and $874,950 for year 2 of this agreement. The severity of each winter however will impact how much material will actually be required. This is a planned expenditure for which funds are included in the annual operating budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Staff of Materials Management have reviewed the information provided by the Province and Windsor Salt Ltd. and have found them to be complete and formal in every regard. Staff believes that Windsor Salt Ltd. has the necessary resources and expertise to perform the work. The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. ATTACHMENTS None `[:�I The, Ory or Saint IUdhn May 15, 2017 Deputy Mayor and Councillors Subject: Updated Version of Mandate Letters associated with Roadmap for Smart Growth The Committee of the Whole, having met on May 15, 2017, made the following recommendation: RESOLVED that Common Council adopt and submit the attached mandate letters to Human Development Council, Saint John Industrial Parks, Saint John Waterfront Development and Enterprise Saint Jo Sincerely, Don Darling Mayor PO I3ox 11971 itm�tjd'in, III IFS ztn E� III 4l1I � °'� '5W111rr l'mn.Cd � 011 197 )Ibdtri„ M -B, t.„tnuud,,) II ” Ill.4L 165 She OW orsaint John Mayor Pion Darling Mayor's Office Bureau du malre May 151h, 2017 Randy Hatfield & Brian Stephenson Human Development Council PO Box 6125, Station A 47 Charlotte Street Saint John, NB Canada E2L 4116 Dear Colleagues, Common Council has identified Growth & Prosperity as a key priority to achieve over the next four years. Council is actively pursuing a multi -pronged growth agenda to expand the tax base, create job opportunities, and increase the population. To focus strategically on these goals, Council has created the Growth Committee, which has authored a Roadmap for Smart Growth to improve the alignment of growth -related organizations and identify concrete actions for all partners to work on together. Achieving sustainable growth requires a coordinated effort. By working together, we can GrowSJl The Roadmap for Smart Growth is an action -oriented document that provides direction for real change and clarifies goals that all partners are expected to deliver. To understand the strategic direction the Growth Committee and Common Council are taking, please review the Roadmap for Smart Growth and familiarize yourself with its guiding vision. As a key partner, you are expected to take ownership of the Roadmap for Smart Growth and use it to guide your decision-making. In addition to creating an overarching strategy and governance structure to drive growth, the Roadmap for Smart Growth outlines key focal points for development, including, but not limited to: • Aggressively facilitating the development and sale of key municipal -owned properties; • Further enticing the development community to pursue large-scale development projects; Dramatically improving the marketability of Saint John to visitors, investors, students, businesses and newcomers; Focusing priority development in Saint John's urban core. This mandate letter is the first in a new Council -approved initiative to communicate annual goals and objectives for the relationship between the Human Development Council (HDC) and the City. The City's Growth Committee is mandated to support Common Council through recommendations - - -'-' P.O. Box 1971 Saint John,QNB Canada E2L 41.1 www.saintjohn.ca 9 C.P. 1971 S �.� aint John, SAis r J1"w4'J m economic and sustainable growth of Saint John, and HDC will be expected to periodically present and report to the Committee. In addition, the City's Growth and Community Development Service Area is the central lead for growth and economic development within the administrative structure of the City of Saint John, and HDC is encouraged to work closely with staff within the Service Area to align efforts. HDC and the City are embarking on the Local Immigration Partnership (LIP) -- an exciting three year initiative funded by immigration Refugees and Citizenship Canada (IRCC) that will strengthen local capacity to create the conditions to grow the population through immigration attraction, settlement, and retention. Population growth is essential if we are to prosper in the coming years. Moreover, immigration recruitment and retention must be aligned with the various other facets of the City's Roadmap for Smart Growth in order to maximize the City's ability to achieve its growth outcomes. As the agreement holder of the LIP, HDC will oversee the development of an integrated immigration strategy for Saint John. One of the key outcomes of the LIP is to embed a strategic immigration coordination capacity within the municipal structure before the end of the three year duration of LIP funding, and the City of Saint John is determined to expedite that process and seek to welcome such added immigration capacity in 2018 (subject to the approval of IRCC). As an investor, key stakeholder, and the eventual steward of the community's immigration Strategy, the City of Saint John has specific goals for the LIP's development and for HDC. In particular, the HDC will: C000rdinate and engage with other agencies, including Enterprise Saint John, to ensure that the LIP is aligned with other economic development activities, especially those related to job creation; • Align the LIP with the Roadmap for Smart Growth and contribute to achieving its identified deliverables; * Present to the Growth Committee in July 2017 with a preliminary overview of measures and indicators it intends to develop to support population growth and how the community can equip itself to begin the process of establishing annual population growth targets; Present a preliminary environmental scan of immigration retention and recruitment in November 2017, along with an initial inventory of immediate actions needed for the Saint John community in order to strengthen its ability to achieve population growth; Work closely with and collaborate regularly with the new Economic and Financial Analyst position within the City of Saint John to ensure data continuity, validation and sharing of economic conditions and to assist with preparation and development of economic reports; Work closely with and collaborate regularly with the new Population Growth Manager position within the City of Saint John to ensure there is alignment between immigration recruitment, settlement and integration with broader population growth efforts, including interprovincial migration, intra -provincial migration, and regional migration. `ff- A The City of Saint John is prepared to invest an additional $30,000 (Common Council has already allocated $20,000 to HDC through the 2017 Community Grant Program) in May 2017 upon confirmation from HDC that it is prepared to fulfill the terms of this mandate letter. Sincerely, Mayor Don Darling City of Saint John 7'!1c City aPSpint�a Mayor Don Darling Mayor's Office Bureau du rnaire May 151h, 2017 Brian Irving & Lois Vincent Saint John Industrial Parks 15 Market Square, 10th floor P.O. Box 1971 Saint John, NB E2L4L1 Dear Colleagues, Common Council has identified Growth & Prosperity as a key priority to achieve over the next four years. Council is actively pursuing a multi -pronged growth agenda to expand the tax base, create job opportunities, and increase the population. To focus strategically on these goals, Council has created the Growth Committee, which has authored a Roadmap for Smart Growth to improve the alignment of the four economic agencies and identify concrete actions for all partners to work on together. Achieving sustainable growth requires a coordinated effort. By working together, we can GrowSJl The Roadmap for Smart Growth is an action -oriented document that provides direction for real change and clarifies goals that all partners are expected to deliver. To understand the strategic direction the Growth Committee and Common Council are taking, please review the Roadmap for Smart Growth and familiarize yourself with its guiding vision. As an economic agency, you are expected to take ownership of the Roadmap for Smart Growth and use it to guide your decision-making. in addition to creating an overarching strategy and governance structure to drive growth, the Roadmap for Smart Growth outlines key focal points for development, including, but not limited to: • Aggressively facilitating the development and sale of key municipal -owned properties; • Further enticing the development community to pursue large-scale development projects; • Dramatically improving the marketability of Saint John to visitors, investors, students, businesses and newcomers; Focusing priority development in Saint John's urban core. This mandate letter is the first in a new Council -approved annual initiative to communicate annually goals and objectives for the relationship between Saint John Industrial Parks (SJIP) and the City. The City's Growth Committee is mandated to support Common Council through recommendations an social, —---------- ----��mu RO. Box 197! Saint John, NB Canada E.2L 41-1 8 www.saintjohn.ca 9 C.i? 1971 Saint John, N. -B. Canada F2L 41.1 SAINT JOHN `Mei economic and sustainable growth of Saint John, and SAP willll be expected to periodically present and report to the Committee. In addition, the City's Growth and Community Development Service Area is the central lead for growth and economic development within the administrative structure of the City of Saint John, and SAP is encouraged to work closely with staff within the Service Area to align efforts. All economic development partners will work together to implement the Roadmap for Smart Growth and achieve concrete results by taking the following actions: • All economic development efforts within the City of Saint John, economic development agencies as well as economic development assets must deliver on the creation of additional tax base, jobs and population; • Objectives and priorities for Saint John's industrial parks will be presented to the Growth Committee in July 2017 in order to provide year-end targets to grow the City's tax base; • Objectives and priorities for Saint John's industrial parks will be presented to the Growth Committee in November 2017 to report on the year-end actuals to grow the City's tax base; • Participate in the development of a community value -proposition and deliver a final recommendation to the Growth Committee in July 2017; • Work closely with and collaborate regularly with the new Economic and Financial Analyst position within the City of Saint John to ensure data continuity, validation and sharing of economic conditions, assist with preparation and development of economic reports. To increase coordination, the City is seeking to align its real estate practices. A new aligned real estate practice will advance clear development priorities, greater proactive coordination with private sector, sales and marketing, and the establishment of annual targets. The City of Saint John will oversee an alignment exercise starting in May 2017, and SJIP will be expected to cooperate and participate in the process. The remaining funding envelope for 2017 previously identified for SJIP will be available to continue operations beyond July 1, 2017 or as defined by the alignment exercise. SAP will be provided clarity on remaining funding for 2017 as it relates to Saint John's real estate practices in lune 2017. Until the finalization of the real-estate alignment exercise, staff of SJIP will continue participation in the City's interim Strategic Land Development Committee, comprised of representatives from: Saint John Industrial Parks, City's Real Estate Division, City Manager's Office, Growth and Community Development Services, Finance and Administrative Services The interim Committee will work towards the development and sale of priority municipally -owned properties in 2017. Sincerely, Mayor Don Darling H091 May 15`h, 2017 Kent Maclntyre & Bruce Phillips Saint John Waterfront Development One Market Square, Suite 301 Saint John, NB E2L4Z6 Dear Colleagues, Common Council has identified Growth & Prosperity as a key priority to achieve over the next four years. Council is actively pursuing a multi -pronged growth agenda to expand the tax base, create job opportunities, and increase the population. To focus strategically on these goals, Council has created the Growth Committee, which has authored a Roadmap for Smart Growth to improve the alignment of the four economic agencies and identify concrete actions for all partners to work on together. Achieving sustainable growth requires a coordinated effort. By working together, we can GrowSJ! The Roadmap for Smart Growth is an action -oriented document that provides direction for real change and clarifies goals that all partners are expected to deliver. To understand the strategic direction the Growth Committee and Common Council are taking, please review the Roadmap for Smart Growth and familiarize yourself with its guiding vision. As an economic agency, you are expected to take ownership of the Roadmap for Smart Growth and use it to guide your decision-making. in addition to creating an overarching strategy and governance structure to drive growth, the Roadmap for Smart Growth outlines key focal points for development, including, but not limited to: 0 Aggressively facilitating the development and sale of key municipal -owned properties; Further enticing the development community to pursue large-scale development projects; Dramatically improving the marketability of Saint John to visitors, investors, students, businesses and newcomers; 0 Focusing priority development in Saint John's urban core. This mandate letter is the first in a new Council -approved annual initiative to communicate annually goals and objectives for the relationship between Saint John Waterfront Development (SJWD) and the City of Saint John. The City's Growth Committee is mandated to support Common Council through recommendations on social, economic and sustainable growth of Saint John, and SJWD will be expected to periodically present and report to the Committee. in addition, the City's Growth and Community Vill,c. '° P.O. Box 1971 Saint John, NB Canada UL 41.1 9 www.saintjohn.ca C.P. 1971 Saint John, N. -B. Canada E2L 4L1 S tll'4T JOHN 171 Development Service Area is the central lead for growth and economic development within the administrative structure of the City of Saint John, and SJWD is encouraged to work closely with staff within the Service Area to align efforts. All economic development partners will work together to implement the Roadmap for Smart Growth and achieve concrete results by taking the following actions: All economic development efforts within the City of Saint John, economic development agencies as well as economic development assets must deliver on the creation of additional tax base, jobs and population; Objectives and priorities for Saint John's waterfront properties will be presented to the Growth Committee in July 2017 in order to provide year-end targets to grow the City's tax base; 0 Objectives and priorities for Saint John's waterfront properties will be presented to the Growth Committee in November 2017 to report on the year-end actuals to grow the City's tax base; Participate in the development of a community value -proposition and deliver a final recommendation to the Growth Committee in July 2017; f Work closely with and collaborate regularly with the new Economic and Financial Analyst position within the City of Saint John to ensure data continuity, validation and sharing of economic conditions, assist with preparation and development of economic reports. To increase coordination, the City is seeking to align its real estate practices. A new aligned real estate practice will advance clear development priorities, greater proactive coordination with private sector, sales and marketing, and the establishment of annual targets. The City of Saint John will oversee an alignment exercise starting in May 2017, and SJWD will be expected to cooperate and participate in the process. The remaining funding envelope for 2017 previously identified for SJWD will be available to continue operations beyond July 1, 2017 or as defined by the alignment exercise. SJWD will be provided clarity on remaining funding for 2017 as it relates to Saint John's real estate practices in June 2017. Until the finalization of the real-estate alignment exercise, staff of SJWD will continue participation in the City's interim Strategic Land Development Committee, comprised of representatives from: Saint John Industrial Parks, City's Real Estate Division, City Manager's Office, Growth and Community Development Services, f=inance and Administrative Services. The interim Committee will work towards the development and sale of priority municipally -owned properties in 2017. Sincerely, Mayor Don Darling City of Saint John Mayor Cion Darling Mayor's office Bureau clu rnaire May 15`fi, 2017 Steve Carson and Martin Chlasson Enterprise Saint John 40 King Street Saint John, NB ER iG3 Dear Colleagues, Common Council has identified Growth & Prosperity as a key priority to achieve over the next four years. Council is actively pursuing a multi -pronged growth agenda to expand the tax base, create job opportunities, and increase the population. To focus strategically on these goals, Council has created the Growth Committee, which has authored a Roadmap for Smart Growth to improve the alignment of the four economic agencies and identify concrete actions for all partners to work on together, Achieving sustainable growth requires a coordinated effort. By working together, we can GrowSJI The Roadmap for Smart Growth is an action -oriented document that provides direction for real change and clarifies goals that all partners are expected to deliver. To understand the strategic direction the Growth Committee and Common Council are taking, please review the Roadmap for Smart Growth and familiarize yourself with its guiding vision. As an economic agency, you are expected to take ownership of the Roadmap for Smart Growth and use it to guide your decision-making. In addition to creating an overarching strategy and governance structure to drive growth, the Roadmap for Smart Growth outlines key focal points for development, including, but not limited to: Aggressively facilitating the development and sale of key municipal -owned properties; Further enticing the development community to pursue large-scale development projects; Dramatically improving the marketability of Saint John to visitors, investors, students, businesses and newcomers; Focusing priority development in Saint John's urban core. This mandate letter is the first in a new Counci kapprove d annual initiative to communicate annually goals and objectives for the relationship between Enterprise Saint John (E51) and the City. The City's Growth Committee is mandated to support Common Council through recommendations on social, economic and sustainable growth of Saint John, and ESJ will be expected to periodically present and PO., Box 1971 SaintohnN8 Canada E2L4L1 II www.saingohn.ca�� ]�m,�� 1 I� C.P. R 1 1971 971 S Saint oh report to the Committee. in addition, the City's Growth and Community Development Service Area is the the central lead for growth and economic development within the administrative structure of the City of Saint John, and ESJ is encouraged to work closely with staff within the Service Area to align efforts. All economic development partners will work together to implement the Roadmap for Smart Growth and achieve concrete results by taking the following actions: • All economic development efforts within the City of Saint John, economic development agencies as well as economic development assets must deliver on the creation of additional tax base, jobs and population; Enterprise Saint John will communicate with the Growth Committee in May 2017 on how the existing ESJ work plan aligns with the objectives and outcomes as outlined in the Roadmap for Smart Growth; • Enterprise Saint John will present to the Growth Committee in July 2017 to provide an update on year-to-date results in terms of the pre-existing approved targets set -out by the Regional Oversight Committee; ® Enterprise Saint John will present to the Growth Committee in July 2017 to provide an overview of its investment readiness strategy, as laid out in the Regional Oversight Committee approved work plan; • Enterprise Saint John will present to the Growth Committee in September 2017 to deliver a report and strategy to respond to the existing gaps within Saint John's labour market; Enterprise Saint John will present to the Growth Committee in November 2017 to report its year-end actuals, as defined by pre-existing ESJ work plan, to grow the numberjobs created as a result of its efforts; • Participate in the development of a community value -proposition and deliver a final recommendation to the Growth Committee in July 2017; Work closely with and collaborate regularly with the new Economic and Financial Analyst position within the City of Saint John to ensure data continuity, validation and sharing of economic conditions, assist with preparation and development of economic reports; • Work closely with and collaborate regularly with the new Population Growth Manager position within the City of Saint John as well as the Local Immigration Partnership through the Human Development Council to ensure there is alignment between the creation and identification of new employment opportunities and the population growth strategy that seeks to recruit and retain new residents to Saint John. Enterprise Saint John has an important role in growing Saint John's employment base as the regional economic development agency. ESJ will help grow the economy by ensuring that our community is investment ready, from workforce development and expansion, prioritization of high -potential and growth sectors, investment and business attraction, business development and entrepreneurship. ` FM tiro addition to creating an overarching strategy and governance structure to drive growth, the Roadmap for Smart Growth outlines specific goals for Enterprise Saint John. To build on its existing strengths, ESJ will lead the development of an employment growth strategy for Saint John. This employment growth strategy must be aligned with provincial counterparts so that it is part of a larger effort and has maximum impact. Collaboration and coordination are essential to maximizing the impact of the growth - related efforts. ESJ will develop strong partnerships with Opportunities New Brunswick, Atlantic Canada Opportunities Agency, and regional partners. The City of Saint John is prepared to invest an additional $237,500 to Enterprise Saint John (Common Council has already allocated $237,500 to ESJ for the first 6 months of 2017) in July 2017 upon confirmation from Enterprise Saint John that it is prepared to fulfill the terms of this mandate letter. it is the intention of the Growth Committee to recommend and support comparable funding of Enterprise Saint John on move forward basis, provided key metrics and outcomes are being met. Sincerely, Mayor Don Darling City of Saint John ` FAR