2017-09-05_Agenda Packet--Dossier de l'ordre du joure
City of Saint John
Common Council Meeting
AGENDA
Tuesday, September 5, 2017
6:00 pm
Council Chamber
Please use Chipman Hill entrance
S'il vous plait utiliser 1'entree Chipman Hill
Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le
bureau du greffier communal au 658-2862.
Pages
1. Call to Order
2. Approval of Minutes
2.1 Minutes of August 8, 2017 1 -16
3. Approval of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 Designation of Community Standards Coordinator (Recommendation in Report) 17-22
5.2 Appointment of a Heritage Officer Pursuant to the Heritage Conservation Act 23-24
(Recommendation in Report)
5.3 One Change Inc. Request to Present (Recommendation: Refer to the Clerk to 25-25
Schedule)
5.4 New Brunswick Federation of Union Retirees - Mayoral Proclamation of October 26-26
1 st as National Seniors Day (Recommendation: Refer to the Clerk to Prepare
Proclamation)
5.5 N.A. Manson Letter - Commercialization of Tucker Park (Recommendation: 27-28
Receive for Information)
5.6 South Korea's Dog Meat Industry / Friendship City Donghae (Recommendation: 29-31
Receive for Information)
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5.7 Canadian Commission for UNESCO - "What if I was wrong - When we talk, we 32-51
learn" Campaign (Recommendation: Receive for Information)
5.8 D. Scott Letter - Paving of Baywatch Lane (Recommendation: Receive for 52-52
Information)
5.9 Proposed Public Hearing Date - Cedar Point Estates Area and 104 Saint 53-55
Catharine Street (Recommendation in Report)
5.10 Canada Games Aquatic Centre (CGAC) Air Handling Units Replacement - 56-57
Additional Cost (Recommendation in Report)
5.11 Contract No. 2017-16: District Meter Installations 2017 (Recommendation in 58-60
Report)
5.12 Carleton Community Centre ASD Model Update (Recommendation: Receive for 61 -62
Information)
5.13 Public Information Session: Fundy Heights SCADA Tower (Recommendation: 63-65
Receive for Information)
5.14 Contract No. 2017-11: Sanitary Sewer System - CSO-SSO Controls 66-68
(Recommendation in Report)
5.15 Continuous Improvement Project - Automatic Vehicle Locator System 69-72
(Recommendation in Report)
5.16 Letter from Judith Jones - Poor/Lack of Signage (Recommendation: Refer to the 73-73
Parking Commission)
5.17 Sculpture Saint John (Recommendation in Report) 74-75
6. Members Comments
7. Proclamation
7.1 Recovery Day - September 15, 2017 76-76
7.2 Prostate Cancer Awareness Month - September 2017 77-77
7.3 Freedom of the City - September 16, 2017 78-78
8. Delegations / Presentations
8.1 Regional Ice Strategy 79-91
9. Public Hearings - 6:30 p.m.
10. Consideration of By-laws
10.1 Proposed Zoning Bylaw Amendment with Section 39 Conditions - 510 Ellerdale 92-94
Street (3rd Reading)
1
10.2 Proposed Zoning Bylaw Amendment with Section 39 Conditions - 12, 24 and 95-97
26 Westmorland Street (3rd Reading)
11. Submissions by Council Members
11.1 Deer Population Problems in Millidgeville (Councillor MacKenzie) 98-98
11.2 Operations Savings Discussion (Deputy Mayor McAlary) 99-99
11.3 Financial Commitments (Councillor Merrithew) 100-100
11.4
Cost Update - Lord Beaverbrook Rink - Railing around Ice Surface (Councillor
101
-101
MacKenzie)
11.5
West Side Splash Pad (Councillor Lowe)
102-102
11.6
Support for Private Member's Bill C-323 (Councillor Reardon)
103-103
12. Business Matters - Municipal Officers
12.1
City of Saint John Fiscal Update
104-133
12.2
Demolition of Vacant, Dilapidated and Dangerous Building at 192 Waterloo
134-159
Street (PID # 13565)
12.3
Demolition of Vacant, Dilapidated and Dangerous Building at 202 Tower Street
160-183
(PID #364695)
12.4
ACOA Funding for West Side Splash Pad
184-187
12.5
Safe, Clean Drinking Water - West Side Ground Water System
188-193
12.6
Taxi By -Law Update and Recommended Amendments to A By -Law Respecting
194-233
the Regulation and Licensing of Owners and Operators of Taxicabs in the City
of Saint John (1 st and 2nd Reading)
13. Committee Reports
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
15.1 SJPF Tee Off for Mental Health Golf Tournament 234-236
15.2 The Hardman Group Limited - New Year's Eve 2018 Partnership Opportunity 237-239
15.3 New Brunswick Energy & Utilities Board - Application to Operate New 240-243
Scheduled Public Motor Bus Service between Saint John and St. Stephen
15.4 Annual General Meeting - Pension Board of Trustees 244-244
3
16. Supplemental Agenda
17. Committee of the Whole
17.1 Arena Canteen Operators 245-245
17.2 Tri -City Partnership 246-246
17.3 J. Bezanson Letter re Donation for New City Hall
18. Adjournment
II
247-248
City of Saint John
Common Council Meeting
Tuesday, September 5, 2017
Committee of the Whole
1. Call to Order
Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez
contacter le bureau du greffier communal au 658-2862.
Each of the following items, either in whole or in part, is able to be discussed in private pursuant
to the provisions of subsection 10.(2)(4) of the Municipalities Act and Council / Committee will
make a decision(s) in that respect in Open Session:
4:30 p.m., 8th Floor Boardroom, City Hall
1.1 Approval of Minutes 10.2(4)
1.2 Financial Matter 10.2(4)(c)
1.3 Financial Matter 10.2(4)(c,d)
1.4 Financial Matter 10.2(4)(c,d)
1.5 Financial Matter 10.2(4)(c)
1.6 Financial Matter 10.2(4)(c)
1.7 Land Matter 10.2(4)(c,d)
y
S
Ville de Saint John
Reunion du conseil communal
Mardi 5 septembre 2017
18 h, salle du conseil
Comite pl6nier
1. Ouverture de la seance
Si vous souhaitez obtenir des services en frangais pour une seance du conseil communal,
veuillez communiquer avec le bureau du greffier communal au 658-2862.
Chacun des points suivants, en totalit6 ou en partie, peut faire 1'objet d'une discussion en
priv6 en vertu des dispositions pr6vues a Particle 10 de la Loi sur les municipalites. Le
conseil/comit6 prendra une ou des decisions a cet 6gard au cours de la s6ance publique
16 h 30 — Salle de conference, 8e etage, h6tel de ville
1.1 Approbation du proces-verbal — paragraphe 10.2(4)
1.2 Question financi&re — alin6a 10.2(4)c)
1.3 Question financi&re — alin6as 10.2(4)c),d)
1.4 Question financi&re — alin6a 10.2(4)c)
1.5 Question financi&re — alin6a 10.2(4)c)
1.6 Question financi&re — alin&a 10.2(4)c)
1.7 Question relative aux biens-fonds — alin6as 10.2(4)c), d)
Seance ordinaire
1.Ouverture de la seance
2. Approbation du proces-verbal
2.1 Proc&s-verbal de la s6ance tenue le 8 aout 2017
3. Adoption de 1'ordre du jour
4. Divulgations de conflits d'int6rets
5. Questions soumises a 1'approbation du conseil
5.1 Nomination d'un coordonnateur des normes communautaires
(recommandation figurant au rapport)
5.2 Nomination d'un agent du patrimoine en vertu de la Loi sur la
conservation A patrimoine (recommandation figurant au rapport)
5.3 ONE Change Inc. d6sire se pr6senter devant le conseil (recommandation
transmettre a la greffiere pour qu'une date de pr6sentation soit fix6e)
5.4 176d6ration des syndicalistes retrait6s du Nouveau -Brunswick — Le
ler octobre est proclam6 Journ6e nationale des ain6s par le maire
(recommandation : transmettre a la greffiere pour que la proclamation soit
pr6par6e)
5.5 Lettre de N. A. Manson — Commercialisation du parc Tucker
(recommandation : accepter a titre informatif)
5.6 Industrie de la viande de chien en Cor6e du Sud et jumelage avec la ville
de Donghae (recommandation : accepter a titre informatif)
5.7 Commission canadienne pour FUNESCO — Campagne « Et si je me
trompais — quand on discute, on apprend » (recommandation : accepter a
titre informatif)
5.8 Lettre de D. Scott — L'asphaltage de Fall6e Baywatch (recommandation
accepter a titre informatif)
5.9 Date pr6vue d'une audience publique — Lotissement Cedar Point Estates et
104, rue Saint Catherine (recommandation figurant au rapport)
5.10 Centre aquatique des jeux du Canada — Remplacement des groupes de
traitement de fair — Cout suppl6mentaire (recommandation figurant au
rapport)
5.11 Contrat no 2017-16 : Installations de compteurs de district 2017
(recommandation figurant au rapport)
5.12 Mise a jour du modele de diversification des modes de prestation du centre
communautaire Carleton (recommandation : accepter a titre informatif)
5.13 S6ance informative publique : Fundy Heights — Tour SCADA
(recommandation : accepter a titre informatif)
5.14 Contrat no 2017-11 : R6seau d'6gouts sanitaires — Chambres des
d6versoirs d'orage et des d6versoirs de 1'6gout sanitaire (recommandation
figurant au rapport)
5.15 Projet d'amelioration continue — Systeme de localisation automatique de
v6hicules (recommandation figurant au rapport)
5.16 Lettre de Judith Jones — Signalisation inad6quate (recommandation
accepter a titre informatif)
5.17 Sculpture Saint John (recommandation figurant au rapport)
6. Commentaires presentes par les membres
7. Proclamation
7.1 Journ6e du r6tablissement — 15 septembre 2017
7.2 Mois de sensibilisation au cancer de la prostate — septembre 2017
7.3 Droit de cit6 — 16 septembre 2017
8. Delegations et presentations
8.1 Une strat6gie r6gionale relative a la patinoire
9. Audiences publiques —18 h 30
10. Etude des arretes municipaux
10.1 Projet de modification de 1'Arr&6 de zonage sous reserve des conditions
pr6vues a Particle 39 Conditions — 510, rue Ellerdale (3e lecture)
10.2 Modification propos6e a 1'Arret6 de zonage sous r6serve des conditions
pr6vues a Particle 39 Conditions — 12, 24 et 26, rue Westmorland
(3e lecture)
11. Interventions des membres du conseil
11.1 ProblEmes concernant la population de chevreuils dans Millidgeville
(conseiller MacKenzie)
11.2 Discussion sur les Economies lilies aux op6rations (maire
suppl6ant McAlary)
11.3 Engagements financiers (conseiller Merrithew)
11.4 Mise a jour sur les couts relatifs a Far6na Lord Beaverbrook — Bande
plac6e autour de la patinoire (conseiller MacKenzie)
11.5 Aire de jeux d'eau dans le quartier West Side (conseiller Lowe)
11.6 Soutien au projet de loi C-323 6manant des d6put6s (conseillere Reardon)
12. Affaires municipales evoquees par les fonctionnaires municipaux
12.1 Mise a jour financiere de la Ville de Saint John
12.2 Destruction du batiment vacant, d6labr6 et dangereux situ6 au 192,
rue Waterloo (NID 13565)
12.3 D6molition du batiment vacant, d6labr6 et dangereux situ6 au
202, rue Tower (NID 364695)
12.4 Financement de 1'Agence de promotion 6conomique du Canada atlantique
pour faire de jeux d'eau du quartier West Side
12.5 Programme d'eau propre, saine et potable — R6seau d'aqueduc du
quartier West Side
12.6 Mise a jour de 1'Arret6 r6glementant les taxis et modification
recommand&e de 1'Arret6 portant sur la r6glementation des activit6s des
propri6taires et exploitants de voitures taxis et de Foctroi de permis aux
propri6taires et exploitants de taxis dans The City of Saint John (premiere
et deuxieme lectures)
13. Rapports deposes par les comites
14. Etude des sujets ecartes des questions soumises a 1'approbation du conseil
15. Correspondance generale
15.1 Coup de d6part par le Service de police de Saint John du tournoi de golf
pour la sant6 mentale
15.2 The Hardman Group Limited — Possibilit6 de partenariat pour la veille du
jour de Fan 2018
15.3 Commission de 1'6nergie et des services publics du Nouveau -Brunswick —
Demande d'exploitation d'un nouveau service public d'autobus a horaire
fixe entre Saint John et St. Stephen
15.4 Assembl6e g6n6rale annuelle — Conseil d'administration de la
Commission du r6gime de retraite
16.Ordre du jour supplementaire
17. Comite plenier
17.1 Op6rateurs de cantines d'arenes
17.2 Tri-ville partenariat
17.3 Formulaire de lettre J. Bezanson pour nouvelle mairie
18. Levee de la seance
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Council Minutes- Regular Meeting
August 8, 2017
MINUTES—REGULAR MEETING
COMMON COUNCIL OF THE CITY OF SAINT JOHN
AUGUST 8, 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 Sean Casey
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
Also
Present: City Manager Jeff Trail
Deputy City Manager, N.Jacobsen
City Solicitor J. Nugent
Comptroller C. Graham
Commissioner of Transportation and Environment M. Hugenholtz
Commissioner Growth and Community Development J. Hamilton
Commissioner Saint John Water B. McGovern
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 July 10, 2017
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that the minutes of the meeting of Common Council, held on July 10,
2017 be approved.
MOTION CARRIED.
3. Approval of Agenda
Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong:
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Common Council Minutes
August 8, 2017
RESOLVED that the agenda of this meeting be approved with the addition of the
following items:
17.1 Last Chance Agreement
17.2 Aquatic Golf Driving Range Lease Extension
17.3 Safe, Clean Drinking Water Project — Saint John West Milestone
17.4 Contract No. 2017-15 Fairville Boulevard (Linton Rd. to Plaza Ave. & Outfall)
Storm Sewer Improvements and Manawagonish Creek Channel Upgrades
17.5 Canada 150 Community Infrastructure Program — Renovate Existing
Community Stage
17.6 City Manager Performance Review
MOTION CARRIED.
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 That pursuant to Section 14 of the Police Act of the Province of New
Brunswick, the Common Council of the City of Saint John does hereby appoint the
following member of the Canadian Corps of Commissionaires as By -Law
Enforcement Officer with the responsibility and authority to enforce provisions of
the Parking Meter By -Law and the provisions of Section 5, Section 5.1, Section 7,
Section 8, Section 15 and Section 16 of the Saint John Traffic By -Law, namely: Eric
White.
And further that this appointment shall continue until such time as the appointee
ceases to be a member of the Canadian Corps of Commissionaires or until the
appointment is rescinded by Common Council, whichever comes first.
5.2 That the Letter from Albert Richard - Restoration of the Barrier located at
the end of McLaughlin Crescent be received for information.
5.3 That the Saint John Transit and Parking Commission — 2016 Annual Report
be received for information.
5.4 That the Citizen Letters regarding Tucker Park be received for information.
5.5 That as recommended by the City Manager in the submitted report M&C
2017-193: Intersection Safety Devices, Common Council directs the Mayor to send
a letter to Hon. Denis Landry, Minister of Justice and Public Safety,
communicating the City of Saint John's support to amend the New Brunswick
Motor Vehicle Act to enable the use of intersection safety technology to
supplement policing capacity in improving public safety in New Brunswick.
5.6 That the Letter from Heating, Refrigeration and Air Conditioning (HRAI) -
Heat Pump Rental Program be referred to Saint John Energy.
5.7 That as recommended by the City Manager in the submitted report M&C
2017-189: 2017 Agreement with SOT Brunswick Square Inc. for Cleaning and
Security Services for Chipman Hill:
1) The City enter into a one (1) year agreement with SOT Brunswick Square Inc.
for cleaning and security services for the Chipman Hill Pedway at an annual
cost of $48,830.75 (excluding HST) for the calendar year 2017; and
2) That the Mayor and Common Clerk be authorized to execute the said
agreement.
5.8 That the Letter from the Province of New Brunswick - Declare Wellness
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Council Minutes- Regular Meeting
August 8, 2017
Week in your Community be referred to the Clerk to Prepare Proclamation.
5.9 That the City Manager's Follow -Up Letter to Members of the Select
Committee on Cannabis be received for information.
5.10 That as recommended by the City Manager in the submitted report M&C
2017-200: 2017-463003P Bar Screen Repair and Pump Installation, the Request
for Proposal be awarded to Filtrum Inc. at the cost of $239,600 excluding HST,
and that the Mayor and Common Clerk be authorized to execute the necessary
agreement.
5.11 That as recommended in the submitted Planning Advisory Committee
report Subdivision 1065 King William Road, Common Council authorize the
acceptance of money -in -lieu of the required land for public purposes (LPP).
5.12 That as recommended by the City Manager in the submitted report M&C
2017-199: Contract No. 2017-06: Water Main Cleaning & Lining — Phase 13 be
awarded to the Tenderer, Trenchless Solutions Inc., at the tendered price of
$456,297.00 (including HST) as calculated based upon estimated quantities, and
further that the Mayor and Common Clerk be authorized to execute the
necessary contract documents.
5.13 That as recommended by the City Manager in the submitted report M&C
2017-202: Fall Debenture Issue — Notice of Motion:
His Worship the Mayor gave the following Notice of Motion. "I do hereby give
Notice that I will, at a meeting of Common Council held after the expiration of
thirty days from this day, move or cause to be moved, the following resolution:
Namely,
RESOLVED that occasion having arisen in the public interest for the following
Public Civic Works and needed Civic Improvements, that is to say:
Purpose of Issue
The City of Saint John
Proposed issue of Debentures
To Be Dated On or after September 7t", 2017
GENERAL FUND
General Government
$
200,000
Protective Services
$
150,000
Transportation Services
$
1,000,000
Economic Development
$
200,000
Parks and Recreation
$
450,000
$ 2,000,000
SAINT JOHN TRANSIT COMMISSION $ 1,000,000
REFINANCE DEBENTURES
Debenture No. AX 13-2007 $ 1,900,000
(General Fund — 5 years)
Debenture No. AX 14-2007 $ 3,500,000
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Common Council Minutes
August 8, 2017
(Water & Sewerage — 10 years)
Debenture No. AX 15-2007 $ 170,000
(Transit Commission — 5 years)
$ 5,570,000
TOTAL $ 8,570,000
THEREFORE RESOLVED that debentures be issued under provisions of the Acts of
Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the
amount of $ 8,570,000.
5.14 That as recommended by the City Manager in the submitted report M&C
2017-192: Federation of Canadian Municipalities (FCM) Funding Programs
application — Field House Storm Water Management Project, Common Council:
1. Endorse Greater Saint John Field House Inc. application to the Federation of
Canadian Municipalities (FCM) under the Municipalities for Climate
Innovation Program (MCIP) for the Field House Storm Water Management
Project.
2. If successful, reduce the City's Capital contribution by 50% of the grant
amount request to the Field House Project. The total amount of funding
request is $1 Million.
5.15 That as recommended by the City Manager in the submitted report M&C
2017-198: MoveSJ Phase 3 Federal Funding Opportunity, Common Council
endorse City staff submitting an Expression of Interest toward applying for
funding of Phase 3 of the City's Transportation Strategic Plan (MoveSJ) from the
federal National Trade Corridors Fund.
5.16 That as recommended by the City Manager in the submitted report M&C
2017-194: Procedural Bylaw Amendment respecting submissions/representation
made subsequent to a public hearing, Common Council direct the City Solicitor to
amend the Bylaw Respecting Procedures of the Common Council to incorporate
the resolution of Common Council made on October 27th, 2014 respecting
submissions and representations made subsequent to a public hearing, with the
deletion of the following phrase "and further that the author of any such
submission/representations be advised by the Common Clerk of the foregoing
direction"; and further that the City Solicitor consolidate the Procedural Bylaw to
incorporate all amendments.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the recommendation set out for each consent agenda item be
adopted.
MOTION CARRIED.
6. Members Comments
Council members commented on various community events.
7. Proclamations
7.1 Saint John Pride Festival - August 8th to 13th, 2017
The Mayor proclaimed August 8th to 13th, 2017 as Saint John Pride Festival in the
El
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Council Minutes- Regular Meeting
August 8, 2017
City of Saint John.
7.2 Exhibition Days - August 29th to September 2nd, 2017
The Mayor proclaimed August 29th to September 2nd, 2017 as Exhibition Days in
the City of Saint John.
8. Delegations/Presentations
8.1 Saint John Airport
Referring to the submitted report entitled Saint John Airport, D. Stanford
President and CEO Saint John Airport, accompanied by N. McFarlane presented
the challenges of the airport's aging infrastructure and capacity and announced
the Federal Funding program for six designated small airports. SJA will submit an
application this September for enhancements to runway and lighting.
The airport is a strategic alignment for the City and the support of the City to the
funding application is requested.
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that the presentation from Saint John Airport be received for
information.
MOTION CARRIED.
11.1 A Show of Support for the SJ Airport's Federal Funding Application
(Mayor Darling)
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that Council endorse and support the efforts of the Saint John Airport
in their application for federal funding to upgrade and modernize its
infrastructure, and continue to contribute to our region's economic growth.
MOTION CARRIED.
9. Public Hearings 6:30 PM
9.1 Proposed Zoning Bylaw Amendment 510 Ellerdale Street with Plannin
Advisory Committee report recommending Rezoning
9.1.1 Zoning Bylaw Amendment — 510 Ellerdale Street (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 at 510
Ellerdale Street to permit an 18 -unit multiple dwelling, 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 Rod Crowther, Kings Valley Consulting Ltd., presenting.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The
City of Saint John" amending Schedule A, the Zoning Map of The City of Saint
John, by rezoning a parcel of land having an area of approximately 2634 square
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Common Council Minutes
August 8, 2017
metres, located at 510 Ellerdale Street, also identified as PID Number 55186720
from Two -Unit Residential (R2) to Mid -Rise Residential, be read a first time.
MOTION CARRIED.
Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law
of The City of Saint John."
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The
City of Saint John" amending Schedule A, the Zoning Map of The City of Saint
John, by rezoning a parcel of land having an area of approximately 2634 square
metres, located at 510 Ellerdale Street, also identified as PID Number 55186720
from Two -Unit Residential (R2) to Mid -Rise Residential, 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 Bylaw Amendment 12, 24-30 Westmorland Street with
Planning Advisory Committee report recommending Rezoning
9.2.1 Zoning Bvlaw Amendment — 12. 24-30 Westmorland Street (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
12, 24-30 Westmorland Street to provide parking for future commercial
development at 12 Westmorland Street and to construct a mixed-use building at
24-26 Westmorland Street, 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 no one presenting.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by -entitled, "A Law to Amend the Zoning By -Law of The City of
Saint John", amending Schedule "A", the Zoning Map of The City of Saint John, by
rezoning a parcel of land having an area of approximately 1012 square metres,
located at 12 Westmorland Street, also identified as PID Number 55222228 from
Two -Unit Residential (R2) to Corridor Commercial (CC); and, rezoning a parcel of
land having an area of approximately 929 square metres, located at 24 and 26
Westmorland Street, also identified as PID Numbers 55158067 and 55232664
from Two -Unit Residential (R2) and Neighbourhood Community Facility (CFN) to
Local Commercial (CL), be read a first time.
MOTION CARRIED.
Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law
of The City of Saint John".
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by -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
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Council Minutes- Regular Meeting
August 8, 2017
rezoning a parcel of land having an area of approximately 1012 square metres,
located at 12 Westmorland Street, also identified as PID Number 55222228 from
Two -Unit Residential (R2) to Corridor Commercial (CC); and, rezoning a parcel of
land having an area of approximately 929 square metres, located at 24 and 26
Westmorland Street, also identified as PID Numbers 55158067 and 55232664
from Two -Unit Residential (R2) and Neighbourhood Community Facility (CFN) to
Local Commercial (CL), be read a second time.
MOTION CARRIED.
Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -
Law of The City of Saint John".
10. Consideration of By-laws
10.1 Zoning Bylaw Amendment with Section 39 Conditions — 65 Univers
Avenue (3rd Reading)
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "By -Law Number C.P. 111-43 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 1877 square metres, located at 65 University Avenue, also
identified as PID Number 55024210, from Neighbourhood Community Facility
(CFN) to General Commercial (CG), be read.
MOTION CARRIED.
The by-law entitled, "By -Law Number C.P. 111-43 A Law to Amend the Zoning By -
Law of The City of Saint John", was read in its entirety.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that pursuant to the provisions of Section 39 of the Community
Planning Act, the proposed use of the parcel of land having an area of
approximately 1877 square metres, located at 65 University Avenue, also
identified as PID Number 55024210, be subject to the following conditions:
a. That a detailed site plan, prepared by the developer and subject to the
approval of the Development Officer, indicating the location of all
buildings and structures, as well as the location of all parking spaces,
accesses, concrete cast -in-place curbing, and all landscaped areas, and
that this site plan be submitted with the building permit/change of use
application;
b. The site improvements identified on the site plan submitted in 2(a) be
completed no later than one year after the issuance of a building permit;
c. That a restaurant not be a permitted use.
MOTION CARRIED.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "By -Law Number C.P. 111-43 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
7
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August 8, 2017
approximately 1877 square metres, located at 65 University Avenue, also
identified as PID Number 55024210, from Neighbourhood Community Facility
(CFN) to General Commercial (CG), be read a third time, enacted, and the
Corporate Common Seal affixed thereto.
MOTION CARRIED.
Read a third time by title, the by-law entitled, "By -Law Number C.P. 111-43 A Law
to Amend the Zoning By -Law of The City of Saint John".
10.2 Zoning Bylaw Amendment with Section 39 Conditions — 45 Noel Avenue
(3rd Reading)
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that the by-law entitled, "By -Law Number C.P. 111-44 A Law to Amend
the Zoning By -Law of The City of Saint John" amending Schedule A, the Zoning
Map of The City of Saint John, by rezoning a parcel of land having an area of
approximately 2650 square metres, located at 45 Noel Avenue, also identified as
PID Numbers 00370593, 00370601, 00370767 and a portion of PID Number
00050575 from Two -Unit Residential (R2) and Future Development (FD) to Mid -
Rise Residential (RM), be read.
f01Eel IIEel 01[lL1Nilk] II191
The by-law entitled, "By -Law Number C.P. 111-44 A Law to Amend the Zoning By -
Law of The City of Saint John", was read in its entirety.
Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew:
RESOLVED that pursuant to Section 39 of the Community Planning Act, the
development and use of the parcel of land with an area of approximately 2650
square metres, located at 45 Noel Avenue, also identified as PID Numbers
00370593, 00370601, 00370767 and a portion of PID Number 00050575 shall be
subject to the following conditions:
a) That any development of the site be in accordance with a detailed site
plan to be prepared by the proponent and subject to the approval of the
Development Officer, indicating the location of all buildings, structures,
parking areas driveways, loading areas, signs, exterior lighting, outdoor
storage areas, amenity areas, pedestrian circulation elements and other
site features. This site plan is to be attached to the application for the
building permit for the proposed development and all site improvements
illustrated on the plan must be completed within one year of completion
of the building;
b) That any development of the site shall be in accordance with a detailed
landscaping plan, to be prepared by the proponent and subject to the
approval of the Development Officer. This landscaping plan is to be
attached to the application for the building permit for the proposed
development and all landscaping illustrated on the plan must be
completed within one year of completion of the building;
c) That the proposed building be constructed in accordance with detailed
elevation plans prepared by the developer and approved by the
Development Officer. These building elevation plans must be attached to
the application for the building permit for the proposed development and
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all work illustrated on the plans must be completed within one year of
completion of the building;
d) An engineering water and sewer analysis must be completed by the
applicant's engineering consultant and submitted to the City for review
and approval in order to determine the impact this development (capacity
requirements, peak flows, fire flows, etc.) will have on the existing water
and sewer infrastructure and also to ensure that this proposal does not
exceed the current capacity of the existing systems. If any upgrades to
existing infrastructure are necessary, this will be the responsibility of the
developer;
e) The applicant's engineering consultant must submit a detailed storm
water drainage plan and design report indicating how storm water
collection and disposal will be handled to the City for review and approval.
If any infrastructure improvements are required to service this proposal, it
will be the applicant's responsibility and cost to complete. No stormwater
is to be directed to adjacent lands;
f) That servicing for electrical and telephone utilities be provided
underground from existing facilities;
g) That the proposed building be limited to 46 dwelling units.
h) That notwithstanding Subparagraph 10.3(3)(1) of the City of Saint John
Zoning By -Law, the height of the building is permitted to be a maximum of
16.6 metres.
MOTION CARRIED.
Moved by Councillor Merrithew, seconded by Councillor MacKenzie:
RESOLVED that the by-law entitled, "By -Law Number C.P. 111-44 A Law to Amend
the Zoning By -Law of The City of Saint John" amending Schedule A, the Zoning
Map of The City of Saint John, by rezoning a parcel of land having an area of
approximately 2650 square metres, located at 45 Noel Avenue, also identified as
PID Numbers 00370593, 00370601, 00370767 and a portion of PID Number
00050575 from Two -Unit Residential (R2) and Future Development (FD) to Mid -
Rise Residential (RM), be read a third time, enacted, and the Corporate Common
Seal affixed thereto.
MOTION CARRIED.
Read a third time by title, the by-law entitled, "By -Law Number C.P. 111-44 A Law
to Amend the Zoning By -Law of The City of Saint John".
10.3 Stop Up and Close —Tilley Avenue (3rd Reading)
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "A By -Law Respecting the Stopping Up and
Closing of Highways in The City of Saint John", regarding a portion of Tilley
Avenue by adding thereto Section 246 immediately after Section 245 thereof, be
read.
r►•remus] W�1e :: r"I
The by-law entitled, "A By -Law Respecting the Stopping Up and Closing of
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Highways in The City of Saint John", was read in its entirety.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "A By -Law Respecting the Stopping Up and
Closing of Highways in The City of Saint John", regarding a portion of Tilley
Avenue by adding thereto Section 246 immediately after Section 245 thereof, be
read a third time, enacted, and the Corporate Common Seal affixed thereto.
MOTION CARRIED.
Read a third time by title, the by-law entitled, "A By -Law Respecting the Stopping
Up and Closing of Highways in The City of Saint John".
11. Submissions by Council Members
11.2 Tucker Park Improvements (Councillor Sullivan
It was moved by Councillor Sullivan, seconded by Councillor Norton that City staff
be directed to work with the Tucker Park Recreation Association to establish a
plan whereby the Tucker Park Trust is invested into improvements of the area.
Further, that this be a continuing partnership (as we have with many
neighbourhood groups in the city) for future partnered oversight of Tucker Park.
Moved by Councillor Lowe, seconded by Councillor MacKenzie:
RESOLVED that the matter Tucker Park Improvements be referred to Leisure
Services to work with the Tucker Park Association and report back to the Growth
Committee.
MOTION CARRIED with Councillors Casey, Sullivan, and Norton voting nay.
11.3 Proposed Policy for Street Cuts and Construction Traffic Disruption
(Councillors Armstrone and Lowe)
The City Manager commented on the enforcement of the existing policy, the
priorities for scheduled work and promoting awareness of the policy.
It was moved by Councillor Armstrong, seconded by Councillor Lowe that Council
adopt a policy so that all future contracts with the city involving any cuts in the
street resulting in a sharp edge in the asphalt must be feathered out with
temporary asphalt after 48 hrs of such cuts and further that Council adopt a
policy so that if lanes are closed and no work is being been done that the closed
lanes are opened up to traffic immediately.
MOTION WITHDRAWN.
11.4 Contact Numbers for Senior Staff (Deputy Mayor McAlary)
The City Manager stated a contact list is available, there is a sensitivity to release
emergency contact numbers that are personal phone numbers. Also, there is an
office reception number available to contact all senior staff.
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that a list of Cell Phone numbers for Senior Staff in all departments be
made available for Council with the understanding that they are to be used only
when necessary to do City Business.
MOTION CARRIED with Councillors Merrithew and Sullivan voting nay.
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11.5 Freedom of the City Ceremony (Deputy Mayor McAlary)
The Deputy Mayor outlined the nature of the event to grant Freedom of the City
recognition to nine cadet groups and planned activities for the ceremony.
Moved by Councillor MacKenzie, seconded by Councillor Sullivan:
RESOLVED that the update to Common Council on the Freedom of the City
Ceremony be received for information.
MOTION CARRIED.
12. Business Matters - Municipal Officers
12.1 Demolition of Vacant, Dilapidated and Dangerous Building at 374 Sandy
Point Road (PID# 48702)
Following a new procedure to allow evidence contrary to the Building Inspector's
opinion the Mayor made the following cautionary announcement:
"The information which has been provided in the Council Kit includes the report
of the Building Inspector stating that the building located at 374 Sandy Point Road
is a hazard to the safety of the public by virtue of its being, amongst other things,
structurally unsound. Is there present an owner, including anyone holding any
encumbrance upon this property, who wishes to present evidence to the
contrary, that is to say, that the building is structurally sound?"
No one came forward to present evidence.
Responding to a request for clarification on the caution, the City Solicitor
explained that legislation states an opportunity be provided to encumbrance
holders to present evidence of the structural soundness of the building that is
contrary to the Building Inspector's expert opinion.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that as recommended by the City Manager in the submitted report
M&C 2017-203: Demolition of Vacant, Dilapidated and Dangerous Building at 374
Sandy Point Road (PID# 48702), 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 374 Sandy Point Road (PID#48702),
in accordance with the applicable City purchasing policies.
MOTION CARRIED.
12.2 Demolition of Vacant, Dilapidated and Dangerous Building at 26 Cedar
Street (PID# 377465)
Following a new procedure to allow evidence contrary to the Building Inspector's
opinion the Mayor made the following cautionary announcement:
"The information which has been provided in the Council Kit includes the report
of the Building Inspector stating that the building located at 26 Cedar Street is a
hazard to the safety of the public by virtue of its being, amongst other things,
structurally unsound. Is there present an owner, including anyone holding any
encumbrance upon this property, who wishes to present evidence to the
contrary, that is to say, that the building is structurally sound?"
No one came forward to present evidence.
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August 8, 2017
Moved by Councillor Merrithew, seconded by Councillor Armstrong:
RESOLVED that as recommended by the City Manager in the submitted report
M&C 2017-204: Demolition of Vacant, Dilapidated and Dangerous Building at 26
Cedar Street (PID# 377465), 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 26 Cedar Street (PID#377465), in accordance
with the applicable City purchasing policies.
MOTION CARRIED.
12.3 New action items to be included in the Roadmap for Smart Growth
Referring to the submitted report entitled, New action items to be included in the
Roadmap forSmart Growth, the Deputy Commissioner Growth, commented
generally that of the 45 actions identified 16 actions are completed and the plan
is on track. The roadmap has identified added changes for consideration including
a Development Award Program for the Central Peninsula.
Council members discussed the launch of the proposed development award
program and made several observations including:
• Should the award be restricted to development in the Southern Peninsula;
• Alternatives to a plaque were suggested; such as planting a tree.
Moved by Councillor Sullivan, seconded by Councillor Norton:
RESOLVED that the matter, New Action Items to be included in the Roadmap for
Smart Growth, be referred back to the Growth Committee to consider the
comments made by Councillors around the table.
MOTION DEFEATED with Councillors Casey, Reardon, Strowbridge, Armstrong,
Lowe, MacKenzie, Merrithew, and Deputy Mayor McAlary voting nay.
Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong:
RESOLVED that as recommended by the City Manager in the submitted report
M&C 2017-210: New action items to be included in the Roadmap for Smart
Growth, Common Council approve the following changes to the Roadmap for
Smart Growth:
1. Addition of "ESJ is targeting to create 250 new jobs from external
investors, 500 new and retained jobs from high potential businesses and
40 new jobs from start-ups and entrepreneurs by end -of -2017;"
2. Addition of "HDC to establish the Saint John Local Immigration Partnership
Council by end -of -2017;"
3. Replace Action Item #14 "Release of Saint John's Immigration Strategy"
with "HDC to establish a Local Immigration Partnership Strategy for Saint
John by the end -of -2018;"
5. Addition of "The City of Saint will launch a vacant property and lot
matching program by end -of -2017;"
6. Addition of "The City will review and pursue development opportunities
for 90-102 Mecklenberg St, 45 Boars Head Road, 50 Carleton Street and
the parking structure at the southwest corner of Grannan Lane and
Canterbury Street."
MOTION CARRIED with Councillor Sullivan voting nay.
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Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong:
RESOLVED that the item identified as item 4 in the submitted report M&C2017-
210: New action items to be included in the Roadmap for Smart Growth, the
addition of "The City of Saint John will launch a development award program by
the end -of -2017", be referred back to the Growth Committee for review.
MOTION CARRIED.
12.4 Solid Waste By -Law Review
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the submitted report M&C 2017-205: Solid Waste By -Law Review,
be received for information.
MOTION CARRIED.
12.5 Council Code of Conduct
Moved by Deputy Mayor McAlary, seconded by Councillor Strowbridge:
RESOLVED that as recommended by the City Manager in the submitted report
M&C 2017-195: Council Code of Conduct, Common Council adopt the Council
Code of Conduct.
IO 19111re f[lL1N:]I1193
12.6 Video of Open Council Committee Meetings
Moved by Councillor Sullivan, seconded by Councillor Strowbridge:
RESOLVED that as recommended by the City Manager in the submitted report
M&C 2017-201: Video of Open Council Committee Meetings, the Common Clerk
be directed to purchase the required video equipment and computer (estimated
to be $1500) for the purpose of recording open session meetings of Committee of
the Whole, Growth Committee, and Finance Committee; and further, that the
videos be made available to the public via YouTube subsequent to the meeting.
MOTION CARRIED.
12.7 Proposed Service Enhancements for City Agencies, Boards, and
Commissions
The City Manager commented that the focus of the report is to direct the
resolution to the major high impact ABCs appointed by Council.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that as recommended by the City Manager in the submitted report
M&C 2017-209: Proposed Service Enhancements for City Agencies, Boards, and
Commissions, Council direct the Common Clerk to:
1) Work directly with City ABCs to create board member job descriptions;
2) Request that City ABCs develop a detailed board orientation package for new
board appointees; and,
3) Prepare a presentation for significant City ABCs on governance, effective
meetings, the role of the chair, meeting procedures, and an overview of
relevant legislation.
MOTION CARRIED.
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1 12.8 DeveloD Saint John
Referring to the submitted report entitled Develop Saint John, S. Carson, Director
Strategic Real Estate Services, outlined the organizational mandate reviews
conducted for Saint John Industrial Parks and Saint John Development
Corporation and the process undertaken during the past months which led to the
report recommendation.
Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong:
RESOLVED that Common Council accept the Develop Saint John report and
recommendation and direct the City Manager to commence implementation,
with regular updates to the Growth Committee and Common Council.
MOTION CARRIED.
13. Committee Reports
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
15.1 University of New Brunswick - The 2nd Annual UNB Saint John Golf Classic
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the request from the University of New Brunswick - The 2nd
Annual UNB Saint John Golf Classic, be received for information.
f01Eel IIEel 01[lL\:l ilk] II191
15.2 Saint John Sea Dogs Hockey Club - Beer Garden for Upcoming Sea Dogs
FanFPst
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that Common Council write a letter of support to the NB Liquor
Commission approving the request from the Saint John Sea Dogs Hockey Club for
permission to host a beer garden for the upcoming Seadogs Fan Fest to be held at
King Square on Sunday September 17th, 2017 for Season Ticket Holders and the
general public.
16. Supplemental Agenda
17. Committee of the Whole
17.1 Last Chance Agreement
Moved by Councillor Sullivan, seconded by Councillor Lowe:
RESOLVED that as recommended by the Committee of the Whole, having met on
August 8, 2017, Common Council approve and authorize the Mayor and Common
Clerk to execute the unredacted version of a Last Chance Agreement in the form
presented to Committee of the Whole in closed session at its meeting of August
8, 2017 the redacted version of which (in accordance with the Right to
Information and Protection of Privacy Act) is attached to correspondence from His
Worship, Mayor Darling, to Common Council, dated August 8, 2017.
MOTION CARRIED.
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17.2 Aauatic Golf Drivine Ranee Lease Extension
Moved by Deputy Mayor McAlary, seconded by Councillor Lowe:
RESOLVED that as recommended by the Committee of the Whole, having met on
August 8, 2017, Common Council authorize the Mayor and Common Clerk to
execute the Lease Amendment #2 attached to M&C 2017-196.
MOTION CARRIED.
17.4 Contract No. 2017-15: Fairville Boulevard (Linton Rd. to Plaza Ave. &
Outfall) Storm sewer Improvements and Manawagonish Creek Channel Upgrades
- Update
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that the Common Council accept the offer dated the 26th day of July,
2017 from 04017 NB Ltd. to convey to the City, Easements for the purposes
described therein at the purchase price of $30,000 plus HST and that the City
Solicitor be directed to prepare the appropriate documentation and that the
Mayor and Common Clerk be authorized to execute the necessary documents.
MOTION CARRIED.
Moved by Councillor Sullivan, seconded by Councillor Merrithew:
RESOLVED as recommended by the Committee of the Whole, having met on
August 8t", 2017, Common Council authorize the addition to "Contract No. 2017-
15: Fairville Boulevard (Linton Road to Plaza Avenue and Outfall) Storm Sewer
Improvements and Manawagonish Creek Channel Upgrades", of the
Manawagonish Creek Channel Upgrades described therein, upon portions of land
comprising approximately 2,098 square metres of PID 55177992 and
approximately 6,326 square metres of PID 55167282 each owned by 048017NB
Ltd. at a cost of $145,000 including HST.
MOTION CARRIED.
17.5 Canada 150 Communitv Infrastructure ProLyram
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that as recommended by the Committee of the Whole having met on
August 8t", 2017, Common Council approve the execution of the Canada 150
Infrastructure Program Agreement conditional upon the recipient contribution
funds being received by the City from North Market Wharf Cultural Association
and confirmation by ACOA that such arrangement is acceptable and further that
the Mayor and Common Clerk be authorized to execute the Agreement.
MOTION CARRIED with Councillor Reardon voting nay.
17.3 Safe Clean Drinkini? Water Proiect — Saint John West Milestone
Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong:
RESOLVED that as recommended by the Committee of the Whole, having met on
August 8, 2017, in consideration of the execution of the Release generally in the
form as attached to this M&C No. 2017-208 by Port City Water Partners, that the
City amend the Project Agreement dated February 4, 2016 between The City of
Saint John and Port City Water Partners related to the Safe Clean Drinking Water
Project to change the definition of the "Saint John West Milestone Completion
Target Date" from "June 28, 2017" to "November 15, 2017"; and that the Mayor
and Clerk be authorized to execute Amending Agreement No. 1 generally in the
form attached to this M&C No. 2017-208 in this respect.
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Mayor / maire
Common Clerk / greffier communal
16
MOTION CARRIED.
17.6 City Manager Performance Review
Moved by Councillor Reardon, seconded by Councillor Armstrong:
RESOLVED that as recommended by the Committee of the Whole, having met on
August 8, 2017, Common Council adopt the following: That the City Manager's
performance be confirmed to be meeting expectations of the role and that his
salary be adjusted as per section 5 of the contract between the City of Saint John
and Jeffrey Martin Trail.
MOTION CARRIED.
18. Adjournment
Moved by Councillor Mackenzie, seconded by Councillor Armstrong:
RESOLVED that the meeting of Common Council held on August 8, 2017 be
adjourned.
MOTION CARRIED.
The Mayor declared the meeting adjourned at 9:44 p.m.
Mayor / maire
Common Clerk / greffier communal
16
COUNCIL REPORT
M&C No.
2017-215
Report Date
August 17, 2017
Meeting Date
September 05, 2017
Service Area
Growth and Community
Development Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Designation of Community Standards Coordinator
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Amy Poffenroth
Jacqueline Hamilton
I Jeff Trail
RECOMMENDATION
It is recommended that Common Council adopt the attached resolution.
�:1 x�i�j�19�1�1u1��%►:17
Growth and Community Development Services is implementing a Community Standards
pilot program which will focus on issues that directly impact the aesthetics, enjoyment
and pride of a neighbourhood, including unsightly premises, zoning infractions and
general upkeep of properties.
Mark O'Leary has been hired as the new Community Standards Coordinator who will
lead this new pilot program. The purpose of this report is to appoint Mr. O'Leary with
respect to the by-laws enforced by Growth and Community Development Services,
including the authority to enter upon property to conduct inspections, issue Notices to
Comply and tickets and lay informations in Provincial Court.
PREVIOUS RESOLUTION
N/A
STRATEGIC ALIGNMENT
This report aligns with Council's Vibrant, Safe City priority.
REPORT
In June 2017, the Growth Committee heard from Staff that it intended to move forward
with a Community Standards pilot program. This program aligns with the One -Stop
17
-2 -
Development shop service model that recommended a position within the department
which focuses on community standards compliance or what has, in the past, been
referred to as non -life safety compliance.
The pilot program will be implemented for a period of six months to one year (pending
budget approval for 2018) and will focus on issues that directly impact the aesthetics,
enjoyment and pride of a neighbourhood, including unsightly premises, zoning by-law
issues and general upkeep and maintenance of properties.
The position, Community Standards Coordinator, is new to the organization and
incorporates a skillset focused on experience and education around by-law compliance,
by-law file conclusion, education and awareness. The Coordinator will take a proactive
approach with property owners, encouraging compliance through a combination of
education/awareness, written notices and if necessary, formal legal actions.
Mr. Mark O'Leary has been hired to fill this new role. At this time, it is necessary to
appoint him with respect to the by-laws enforced by Growth and Community
Development Services, including the authority to enter upon property to conduct
inspections, issue Notices to Comply and tickets and lay informations in Provincial Court.
SERVICE AND FINANCIAL OUTCOMES
The Community Standards pilot program will enhance the service level of a variety of
by-law compliance programs, including unsightly premises, zoning by-law and general
upkeep and maintenance of properties.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/A
ATTACHMENTS
Resolution
in
RESOLVED, that as recommended by the City Manager, the following resolution be adopted:
WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant
to the authority of the Municipalities Act, R.S.N.B 1973, c. M-22, and amendments thereto, (the
"Municipalities Act") including the Saint John Unsightly Premises and Dangerous Buildings and
Structures By- law, By-law Number M- 30 and amendments thereto, and it may from time to time
be necessary to make inspections for the administration of the By-law;
AND WHEREAS subsection 102.1(1) of the Municipalities Act provides that a council may
authorize officers to enter at all reasonable times upon any property within its jurisdiction for
the purpose of making any inspection that is necessary for the administration the By-law:
NOW THEREFORE BE IT RESOLVED, that Mark O'Leary, Community Standards
Officer, is hereby appointed as an inspection officer and authorized to enter at all
reasonable times upon any property within the territorial boundaries of the City of Saint
John for the purpose of making any inspection that is necessary for the administration of
the Saint John Unsightly Premises and Dangerous Buildings and Structures By- law
which received first and second reading by Common Council on February 27, 2012 and
third reading on March 12, 2012, being enacted upon approval by the Minister of Local
Government, and/or the Municipalities Act, effective immediately, and this authorization
shall continue until he ceases to be an employee of the Growth and Community
Development Services department of The City of Saint John or until rescinded by
Common Council, whichever comes first.
2. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant
to the authority of the Community Planning Act, R.S.N.B 1973, c. C-12, and amendments thereto,
(the "Community Planning Act") including the Saint John Building By-law, By-law Number C.P.
102 and amendments thereto, and it may from time to time be necessary to make inspections for
the administration of this By-laws;
AND WHEREAS subsection 92(1) of the Community Planning Act provides that a council
may authorize persons to enter at all reasonable times upon any property within its
jurisdiction for the purpose of making any inspection that is necessary for the administration
of a by-law:
NOW THEREFORE BE IT RESOLVED, that Mark O'Leary, who is a Community
Standards Coordinator, is hereby authorized to enter at all reasonable times upon any
property within the territorial boundaries of the City of Saint John for the purpose of
making any inspection that is necessary for the administration of the Saint John Building
By-law, effective immediately, and this authorization shall continue until he ceases to be
an employee of the Growth and Community Development Services department of The
City of Saint John or until rescinded by Common Council, whichever comes first.
3. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant
to the authority of the Community Planning Act, R.S.N.B 1973, c. C-12, and amendments thereto,
(the "Community Planning Act") including the Saint John Building By-law, By-law Number C.P.
102, and amendments thereto, and it may from time to time be necessary to make orders for the
administration of these By-laws;
19
AND WHEREAS subsection 93(1) of the Community Planning Act provides that a council
may authorize persons to, when a development is undertaken in contravention of the
Community Planning Act, a by-law or regulation under the Community Planning Act, a by-law
or terms and conditions imposed on the development, order the cessation of the
development, alteration of such development so as to remove the contravention, or the doing
of anything required to restore the land, building or structure to its condition immediately prior
to the undertaking of such development:
NOW THEREFORE BE IT RESOLVED, that Mark O'Leary who is a Community
Standards Coordinator, is hereby authorized to, when a development is undertaken in
contravention of the Community Planning Act, the Saint John Building By-law or the
terms and conditions imposed on the development, order the cessation of the
development, alteration of such development so as to remove the contravention, or the
doing of anything required to restore the land, building or structure to its condition
immediately prior to the undertaking of such development, effective immediately, and this
authorization shall continue until he ceases to be an employee of the Growth and
Community Development Services department of The City of Saint John or until
rescinded by Common Council, whichever comes first.
4. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant
to the authority of the Municipalities Act, including the Saint John Unsightly Premises and
Dangerous Buildings and Structures By-law, By-law Number M-30, and amendments thereto, (the
"Saint John Unsightly Premises and Dangerous Buildings and Structures By-law") and it may
from time to time be necessary to commence proceedings in the Provincial Court of the Province
of New Brunswick, when a person has contravened or failed to comply with the said By-law;
AND WHEREAS subsection 14(1) of the Police Act provides that a council may appoint
persons as By-law Enforcement Officers for a municipality;
AND WHEREAS subsection 190.01(3) of the Municipalities Act provides that an officer
appointed by council may notify the owner or occupier of premises, a building or structure by
notice in the form prescribed by regulation when a condition exists pursuant to subsections
190.01(1), 190.01(1.1) or 190.01(2) of the said Act;
AND WHEREAS section 101 of the Municipalities Act provides that proceedings for breach
of a by-law shall be commenced in the name of the clerk of the municipality or such other
person as is designated for that purpose by the council:
NOW THEREFORE BE IT RESOLVED, that Mark O'Leary is hereby appointed as a By-
law Enforcement Officer with respect to the enforcement of the Saint John Unsightly
Premises and Dangerous Buildings and Structures By-law, effective immediately, and
this appointment shall continue until he ceases to be an employee of Growth and
Community Development Services of The City of Saint John or until it is rescinded by
Common Council, whichever comes first;
AND BE IT FURTHER RESOLVED, that Mark O'Leary is hereby appointed and
authorized to notify owners and occupiers with respect to premises, buildings or
structures that are unsightly; buildings or structures that are a hazard to the safety of the
public by reason of being vacant or unoccupied; buildings or structures that are a hazard
to the safety of the public by reason of dilapidation or unsoundness of structural strength,
as set out in the Saint John Unsightly Premises and Dangerous Buildings and Structures
By-law, effective immediately, and this appointment and authorization shall continue until
20
he ceases to be an employee of Growth and Community Development Services of The
City of Saint John or until it is rescinded by Common Council, whichever comes first;
AND BE IT FURTHER RESOLVED, that Mark O'Leary is hereby designated and
authorized to lay informations in the Provincial Court of the Province of New Brunswick
for breach of the Saint John Unsightly Premises and Dangerous Buildings and Structures
By-law, effective immediately, and this designation and authorization shall continue until
he ceases to be an employee of Growth and Community Development Services of The
City of Saint John or until it is rescinded by Common Council, whichever comes first.
5. WHEREAS, the Common Council of The City of Saint John has enacted certain by-laws pursuant
to the authority of the Municipalities Act, including the Saint John Dog Control By-law, By-law
Number M-13, Mobile Home Parks By-law, By-law Number M-20, City of Saint John Flood Risk
Areas By-law, By-law Number C.P. 11, Saint John Building By-law, By-law Number C.P. 101, and
The Zoning By-law, By-law Number C.P. 110, including all amendments thereto, and it may from
time to time be necessary to commence proceedings in the Provincial Court of the Province of
New Brunswick, when a person has contravened or failed to comply with the said By-law;
AND WHEREAS subsection 14(1) of the Police Act provides that a council may appoint
persons as By-law Enforcement Officers for a municipality;
AND WHEREAS section 101 of the Municipalities Act provides that proceedings for breach
of a by-law shall be commenced in the name of the clerk of the municipality or such other
person as is designated for that purpose by the council:
NOW THEREFORE BE IT RESOLVED, that Mark O'Leary is hereby appointed as a By-
law Enforcement Officer with respect to the enforcement of the Saint John Dog Control
By-law, the Mobile Home Parks By-law, the City of Saint John Flood Risk Areas By-law,
the Saint John Building By-law, and The Zoning By-law, effective immediately, and this
appointment shall continue until he ceases to be an employee of Growth and Community
Development Services of The City of Saint John or until it is rescinded by Common
Council, whichever comes first;
AND BE IT FURTHER RESOLVED, that Mark O'Leary is hereby designated and
authorized to lay informations in the Provincial Court of the Province of New Brunswick
for breach of the Saint John Dog Control By-law, the Mobile Home Parks By-law, the
City of Saint John Flood Risk Areas By-law, the Saint John Building By-law, and The
Zoning By-law, effective immediately, and this appointment and authorization shall
continue until he ceases to be an employee of Growth and Community Development
Services of The City of Saint John or until it is rescinded by Common Council, whichever
comes first.
6. WHEREAS subsection 100.2(a) of the Municipalities Act provides that offences under subsection
94.2(3) or 102.1(1.2) of the said Act or offences in respect of a by-law under subsection 94(1) or
94(3) or section 190 of the Municipalities Act, are prescribed offences for the purposes of section
9 of the Provincial Offences Procedure Act, S.N.B. 1987, c. P-22.1, and amendments thereto;
AND WHEREAS subsection 100.2(b) of the Municipalities Act provides that a by-law
enforcement officer appointed under section 14 of the Police Act, and designated by
resolution of the council is an authorized person who may serve tickets in respect to offences
referred to in subsection 100.2(a) of the Municipalities Act:
NOW THEREFORE BE IT RESOLVED, that Mark O'Leary is hereby designated and
authorized as a person to serve tickets in respect to offences referred to in paragraph
100.2(a) of the Municipalities Act, effective immediately, and this designation and
21
authorization shall continue until he ceases to be an employee of Growth and Community
Development Services of The City of Saint John or until it is rescinded by Common
Council, whichever comes first.
7. WHEREAS subsection 190.022(4) of the Municipalities Act provides that within thirty days after
the terms of a notice have been complied with or a debt due to a municipality or due to the
Minister of Finance, as the case may be, is discharged, the municipality shall provide a certificate
in the form prescribed by regulation which requires that the corporate seal of the municipality to
be affixed.
NOW THEREFORE BE IT RESOLVED, that Jonathan A. Taylor, Common Clerk, is
hereby authorized to affix the corporate seal of The City of Saint John to a Certificate of
Discharge that is issued by Mark O'Leary under the Saint John Unsightly Premises and
Dangerous Buildings and Structures By-law, and such authorization shall continue until
Jonathan A. Taylor ceases to be the Common Clerk of The City of Saint John or until it is
rescinded by Common Council, whichever comes first.
22
COUNCIL REPORT
M&C No.
2017-216
Report Date
August 17, 2017
Meeting Date
September 05, 2017
Service Area
Growth and Community
Development Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Appointment of a Heritage Officer Pursuant to the Heritage
Conservation Act
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Amy Poffenroth
Jacqueline Hamilton
I Jeff Trail
RECOMMENDATION
Your City Manager recommends that Common Council appoint Ms. Emma
Sampson as a Heritage Officer for the City of Saint John pursuant to Section 54 of
the New Brunswick Heritage Conservation Act.
EXECUTIVE SUMMARY
Ms. Emma Sampson has recently been hired by the City as its Heritage Officer.
Pursuant to Section 54 of the Heritage Conservation Act, it is necessary for
Council to formally appoint her as the Heritage Officer.
PREVIOUS RESOLUTION
N/A
STRATEGIC ALIGNMENT
The Heritage program aligns with Council's priority "Vibrant, Safe City".
REPORT
Section 54 of the New Brunswick Heritage Conservation Act provides that:
For the purpose of assisting a heritage board in carrying out its
duties, the council may appoint a heritage officer who shall carry out
23
the duties assigned to him or her under this Act or the by-laws under
this Act.
Ms. Emma Sampson has recently been hired as the City's Heritage Analyst in the
Growth and Community Development Services Department. In order to
effectively carry out her duties on behalf of the City of Saint John, appointment
as a Heritage Officer pursuant to Section 54 of the Heritage Conservation Act is
necessary.
SERVICE AND FINANCIAL OUTCOMES
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/A
ATTACHMENTS
None
24
4016"Mor �10-1
ONE85 Durham Street • Saint John • New Brunswick • E2K 11_9 •506-658-2980
TOGETHER WE ARE ONE
2107.08.18
Mr. Jonathan Taylor
City Clerk
City of Saint John
P.O. Box 1971
Saint John NB E2K4L1
Dear Jonathan:
The ONE Change Inc. in the Old North End has been working for the past 12 years to help
revitalize and create opportunities within the low-income neighbourhood.
In addition to operating the C.E. Nick Nicolle Community Centre for the City of Saint John, ONE
Change has been active in the development of the neighbourhood. Some examples of this are
the new employment opportunities for residents through partnerships with the Province, local
business and Educational programs which lead to real jobs and paid employment.
With Horizon Health, we have been supporting the health and wellness of residents through
the introduction of the North End Wellness Clinic and has been supporting Food Security in
partnership with local Churches and the North End Food Bank.
One Change is requesting the opportunity to present to Common Council at your earliest
convenience to discuss a proposal that will positively impact our community; ideally this would
take place at Common Council meeting scheduled for September 6t", 2017,
The concept of "transforming Lorne School into a community supported neighbourhood asset"
is an opportunity that will impact poverty issues in one of the most challenging neighbourhoods
in our province.
We are requesting time for our Board President Morgan Lanigan and Executive Director Barry
Galloway to speak to Council to propose a concept that will benefit the City of Saint John both
through it's social innovation and economic development potential.
We look forward to discussing this with you.
Sincerely,
m Ir
o- 4 f I
Barry Galloway, Executive Director
One Change Inc.
Galloway.barry.m@gmail.com
25
Federation des syndicaiistes
retraites du
Nouveau-Brunswick
FSRN8
August 20, 2017
Dear Mayor and Council
New Brunswick
Federation
of Union Retirees
Subject: Mayoral Proclamation of October 1St as National Seniors Day
�L
AUG
On behalf of The New Brunswick Federation of Union Retirees, I am writing to request a
mayoral proclamation of October 1St as National Seniors Day in the City of Saint John.
Internationally, October 1St is the United Nations designated International Day of Older
Persons. Each year, the Government of Canada officially recognizes Canada's seniors
on National Seniors Day on October 1St and is encouraging municipalities across Canada
to do the same. This year marks the 27t" anniversary of this designation.
National Seniors Day recognizes and celebrates the contributions made by seniors in
their communities, families, and workplaces. Because housing co-ops provide stable and
affordable housing, as well as opportunities for involvement, many members choose to
stay in their co-op homes as they age. Older co-op members are a vital part of our co-op
communities and declaring October 1st as National Seniors Day would recognize these
ongoing contributions. We also believe that this proclamation will provide an opportunity
for people of all ages to come together and celebrate. We hope you will consider this
request and proclaim October 1St as National Seniors Day in Saint John.
We have arranged to have a social from 12:00 noon to 2:00 pm Sunday Oct.1, 2017.
Location to be announced shortly. The Mayors office will be advised and we invite Mayor
and council to attend.
If you would like to discuss this further, please contact me at 657-1799 or my cell 343-
1938
Thanking you in advance for your consideration of this request.
qz{ /
Pat Hay, Secretary New Brunswick Federation of Union Retirees
26
N. A. Manson, M.D., F.R.C.S.C.
Dr. Neil Manson Professional Corporation
Spine, Sports Medicine, and Orthopaedic Surgery
Canada East Spine Centre
Department of Orthopaedic and Neurosurgery
August 21, 2017
His Worship Mayor Don Darling
City of Saint John
15 Market Square
PO Box 197
Saint John, NB E2L 4L1
RE: Commercialization of Tucker Park
Dear Mr. Mayor and Counsel:
/ !
AUG 2 4 2017
555 Somerset Street, Suite 200
Saint John, NB E2K 4X2
(506)649-2667
Fax: (506) 649-2769
I write to you out of great concern for your proposal to commercialize Tucker Park into private
building Iots.
I am a father of a young family. I grew up in Fredericton and have called Saint John my home
since 2006. In moving to Saint John I have been very pleased to discover the great character of
the people here, the history of the city, and the wonderful geography with fantastic green space
and waterways. We are lucky to have a number of jewels for outdoor enjoyment including
Rockwood Park, the uptown waterfront, and public access beaches that permit us to enjoy both
the Bay of Fundy and our internal waterways.
The re -designation of Tucker Park from a region for public enjoyment and waterfront access is
concerning for a number of reasons:
1. At present there are a number of regions within Saint John and Milledgeville that remain
under -developed. Thus there is an abundance of building lot opportunities and at present these
lots are not seeing any demand. Cedar Point, Fieldstone Estates, and Drury Cove would be such
examples. All offer exceptional waterfront views in nice locations. Perhaps some of the reason
that these areas have not been completely sold stems from the lack of the expectations on the part
of the city to appropriately develop these regions. Such things as above ground electrical
installation, side road ditches, no sidewalks, and no defined green space, outdoor sporting
facilities, or playgrounds all decrease the desirability of these developments. It is not surprising
these areas have not reached their full potential. Prior to the city re -designating public land it
perhaps would be more beneficial to address these shortfalls in the available building regions in
an effort to attract new growth within the city.
2. Tucker Park was a gift from a very generous benefactor to our city. The optics of absconding
this gift from the people of Saint John to meet budgetary needs is unfavourable. It is
27
unfavourable both to the inhabitants to Saint John and more importantly to the future benefactors
to Saint John. Saint John is blessed with outstanding private and industry support which has
allowed us to realize success in multiple efforts in areas such as city development and hospital
infrastructure. Taking back a gift such as Tucker Park sets a dangerous precedent and one that
will be noticed by future benefactors who may choose to bequeath their generosity elsewhere.
3. Tucker Park and its waterfront beach present the only public access to the Kennebecasis River.
This beach is accessed regularly by our youth and families for their enjoyment. Extensive travel
is not required. Perhaps a more appropriate use of the park would be to consider expansion of the
park with items that complement the present park and beach. Examples would include improved
walking trails, improved picnic facilities, a shelter for barbequing and picnicking.
I respect that fiscal responsibility is paramount for you and your team. I do appreciate your
efforts to balance the books as this leaves our city in a good position for our children and our
city's future. I would encourage you to continue with these efforts. I would however advise you
against the reclamation of Tucker Park for private use to meet this end. While there is an
unguaranteed possibility of short-term gain the long-term penalty to the city cannot be reversed.
I trust you and your team will make the appropriate decision to save Tucker Park for the city's
ongoing public use.
I encourage you to refer to https://m.facebook.com/tuckerparkrecreationassociation/
Sincerely,
N A. Manson, MD, FRCSC dictating
NAM/j cl
cc: Shirley McAlary, Deputy Mayor; Gary Sullivan, Counsillor at Large; Blake Armstrong,
Ward 1 Councillor; Greg J. Norton, Ward 1 Councillor; Sean Casey, Ward 2 Counsillor; John
MacKenzie, Ward 2 Counsillor; Gerry Lowe, Ward 3 Counsillor; Donna Reardon, Ward 3
Counsillor; David Merrithew, Ward 4 Counsillor; Ray Strowbridge, Ward 4 Counsillor, Dr, B.
Sheehan; Mr. Doug Orford
M.
Mayor's Office
15 Market Square
Saint John, NB
E2L 4L 1
Canada
August 2, 2017
Dear Mayor Darling and the City Council members,
We ask you to please watch the videos of South Korea's dog meat industry:
h :ll outu.be!3uR8R8Mu70
http:/.Ioreando s.orp-/horrible-realit)of-meat-dog farms -you -did -not -know/
ht,p://koreandogs.ora/dmp/
h ://koreando s.or com anion-animals-for-consum tion;'.
A4x't2017
Do you think that Saint John should be a Friendship city to any city that allows dogs and cats to
be tortured and eaten?
Please urge Donghae Mayor Gyu-Un Shim to close down all those illegal dog farms and
slaughterhouses, markets, truckers, and restaurants that serve these animal products.
An online petition calling for your support in ending the horrendous South Korean dog and cat
meat cruelty is in progress: haps://ww%v.change•org/p/mayor-don-darling-of-saint-john-tell-
friendship-city-donghae-korea-that-we-re-opposed-to-the-torture-consumption-of dogs,
The favor of your reply is requested.
Thank you,
Mrs. Jan Jorczak
56 Brewster Road
South Windsor, CT 06074
USA
EMAIL: Ln@iorczak.com
CC: Mayor Gyu-Un Shim
Donghae City Hall
77, Cheongok-ro, Donghae, Gangwon-do
Postal Code 25755
South Korea
29
Christopher Silcox
1033 Country Club Lane
Ashland, OH 44805-4330
July 31, 2017
Mayor Don Darling
Mayor's Office
City of Saint John
15 Market Square
PO Box 1971 Saint John, New Brunswick
E2L 4L1
Canada
Dear Mayor Darling and members of the City Council,
VE {D
AUG
o 207
f
I am writing to express my deep concern and opposition to South Korea's cruel dog and cat meat industry, and
to request that you urge Mayor Gyu-Un Shim to take action to bring an end to the cruel dog and cat meat
trade in your Friendship City Donghae.
The dog meat industry in South Korea is shockingly cruel. From birth to slaughter, dogs raised for food are kept
in cramped, rusty cages stacked on top of each other. Their lives are bleak, but their death is worse. The
method of slaughter is usually extremely (and even intentionally) brutal, and the dogs are often butchered in
full view of others. Sadly, many of those who do eat dog meat in South Korea believe that high adrenaline
levels in dogs will produce more tender meat. This results in these helpless creatures often being sadistically
killed by bludgeoning, slow strangulation, or even electrocution. Some even have a blow torch used on them
while they are still alive to remove their hair. At the open-air markets, dogs are electrocuted and their necks
are broken, all in plain sight to passersby.
More and more South Koreans are speaking out against the practice of eating dog and cat meat and the
horrific industry it has spawned. South Korea's Animal Protection Act of 2007 expressly prohibits the cruel
methods used by people in the dog and cat meat trade to handle and slaughter these animals. The law,
however, is widely ignored, despite being revised with stronger penalties.
Do you believe that Saint John should be a Friendship City to any city that allows dogs and cats to be tortured
and eaten? Please urge Donghae Mayor Gyu-Un Shim to close down all of the illegal dog farms and
slaughterhouses, markets, trucks, and restaurants that serve these animal products. Thank you for your time
and consideration of this important matter.
Sincerely,
Christopher Silcox
30
Robert Stroud
2060 Coe Court
Perrysburg, Ohio
43551
Mayor Don Darling
Mayor's Office
15 Market Square
Saint John, NB
E2L 4L1
Canada
Greetings Mayor Darling,
FWE DD
AUG 12 2017
I hope this message finds you well. My name is Robert Stroud and, as part of a "Friendship City"
campaign, I advocate on behalf of a variety of organizations that are attempting to shine a light on the dog
and cat meat trade of South Korea, an industry that sentences millions of companion animals to horrid
living conditions and an unthinkable death. It is my hope that your influence could be helpful in this
endeavor.
If you are (or have ever been) a pet owner yourself you can certainly appreciate this cruelty. Trusting
companion animals (many of them stolen or lost pets), caged in filthy conditions, forced to watch as other
animals'are dragged from cages and beaten (not necessarily to death) and then skinned or cooked. Some
r
animals are intentionally slowly beaten, boiled or even burned alive as the excruciating pain is thought
to provide medicinal properties to their flesh. A video taken recently shows a man seconds away from
applying a blow -torch to a dog that was still alive! Please watch the below videos from South Korea:
http://youtu.be/3uR8R8Mu7OQ, and http://koreandogs.org/horrible-reality-of meal -dog -farms -
you -did -not -know/
As you may know, Saint John is a Friendship City to Donghae, a district in South Korea with one of the
country's many dog and cat meat processing centers. I ask that you and your administration1p ease
reconsider your Friendship City relationship with Donghae until its officials enforce their own laws and
end these intensely cruel practices. Though some would argue that we must respect the customs of other
peoples and cultures, a line must be drawn when those customs entail this magnitude of suffering and
outright cruelty. Other cities have challenged their Friendship City relationships with South Korean cities;
please be the next one!
An estimated 2.5 million dogs and thousands of cats are cruelly slaughtered this way each year in South
Korea. Their lives are a perpetual nightmare of unimaginable agony and suffering. Please help end this
heartless brutality now. Thank you for your time and any assistance you can offer.
Robert Stroud
31
Dear Mayor Darling,
The Canadian Commission for UNESCO (CCUNESCO), in partnership with the
Centre for the Prevention of Radicalization Leading to Violence (CPRLV), is
pleased to invite your municipality to take part in the "What if I was wrong —
When we talk, we learn" campaign. This campaign will be officially launched in
Montreal on September 21, 2017, the International Day of Peace, and during the
following weeks in other Canadian municipalities belonging to the Canadian
Coalition of Municipalities Against Racism and Discrimination.
In joining the Canadian Coalition of Municipalities Against Racism and
Discrimination, your municipality committed to promoting the development of
initiatives and programs aimed at creating more inclusive communities. We
believe that by getting your citizens to confront and think about their own
prejudices and/or preconceived ideas, this campaign will be able to contribute
directly to advancing the priorities of your municipality related to inclusion and
respect for differences.
The campaign is designed to reinforce resilience and promote the development
of critical thinking as protective factors against radicalizing and extremist
rhetoric leading to violence. "What if I was wrong? Talking about it and
learning" is something everyone should consider when thoughts become
inflexible and intolerant and lead us to refuse a dialogue with others.
Canadian Commission for
CCUNESCO is partnering with the CPRLV for this campaign as preventing
2 5 2017
radicalization leading to violence is a global issue that is a priority for UNESCO
rM
August 14 2017 LAUGG,
H I M .
�; s'
His Worship
United Nations
Canadian
Mayor Don Darling
Educational, Scientific and
Commission
150 Elgin Street, Pa sox 1047
Cultural Organization
for UNESCO
City of Saint John
Organisation
Commission
15 Market Square
des Nations Unies
canadienne
q
pour ('education,
lasclenceet[aculture
pour f UNESCO
Saint John, New Brunswick
purchasing advertising space to do so) in the public transit networks of your
www.unesco.ca
E21 -4L1
Dear Mayor Darling,
The Canadian Commission for UNESCO (CCUNESCO), in partnership with the
Centre for the Prevention of Radicalization Leading to Violence (CPRLV), is
pleased to invite your municipality to take part in the "What if I was wrong —
When we talk, we learn" campaign. This campaign will be officially launched in
Montreal on September 21, 2017, the International Day of Peace, and during the
following weeks in other Canadian municipalities belonging to the Canadian
Coalition of Municipalities Against Racism and Discrimination.
In joining the Canadian Coalition of Municipalities Against Racism and
Discrimination, your municipality committed to promoting the development of
initiatives and programs aimed at creating more inclusive communities. We
believe that by getting your citizens to confront and think about their own
prejudices and/or preconceived ideas, this campaign will be able to contribute
directly to advancing the priorities of your municipality related to inclusion and
respect for differences.
The campaign is designed to reinforce resilience and promote the development
of critical thinking as protective factors against radicalizing and extremist
rhetoric leading to violence. "What if I was wrong? Talking about it and
learning" is something everyone should consider when thoughts become
inflexible and intolerant and lead us to refuse a dialogue with others.
Canadian Commission for
CCUNESCO is partnering with the CPRLV for this campaign as preventing
UNESCO operates within the
radicalization leading to violence is a global issue that is a priority for UNESCO
Canada Council for the Arts
and the entire United Nations system. In addition, the CPRLV, which is based in
La commission canadienne
Montreal, is the only centre of its kind in North America.
pour ('UNESCO reizve du
Conseil des arts du Canada
This global issue requires a local response; your support is therefore essential to
the campaign's success. All municipalities in the Coalition are encouraged to
150 Elgin Street, Pa sox 1047
take an active part and support this important and relevant campaign.
Ottawa, Ontario KIP 5V8
Canada
150, rue Elgin, C.P. 1047
There are many ways you can take part in the campaign:
Ottawa (Ontario) KIP 5VS
Canada
• putting up posters on the five main themes of the campaign (or
1-800-263-5588
purchasing advertising space to do so) in the public transit networks of your
www.unesco.ca
municipality (on buses, on bus shelters, in the subway, etc.) or in different
32
public places (municipal libraries, sports centres, community centres, museums, parks, etc.) to
raise awareness of radicalization prevention and teach citizens how to respond to radicalization;
• posting, on your social media platforms, details about the campaign, particularly the contest to
which young people will be able to actively contribute; and
sharing information about the campaign and about the different tools developed by the
CPRLV with different stakeholders in your community (youth workers, social workers, hotline
operators, law enforcement).
Attached is a booklet about the "What if l was wrong — When we talk, we learn" campaign.
We hope that you will join us in making this campaign a success. For more information, please contact
Anamaria Cardona at the CPRLV at acardona@info-radical.org or Cynthia Lacasse at CCUNESCO at
cynth ia.lacasse@unesco.ca.
Yours sincerely,
Herman Deparice-Okomba
Directeur general
Centre de prevention de la radicalisation
menant a la violence
Sebastien Goupil
Secretaire general
Commission canadienne pour I'UNESCO
C.C. City of Saint John CCMARD focal points
Ms. Anamaria Cardona, Communications and Intercultural Relations Officer, CPRMV
Ms. Pauline Dugre, Program Officer, Canadian Commission for UNESCO
Ms. Cynthia Lacasse, Program Officer, Canadian Commission for UNESCO
Encl. "What if l was wrong — When we talk, we learn" campaign booklet
33
34
35
36
Radicalization leading to vio-
lence is a process that tends,
under certain conditions, to
promote "extreme thought
patterns' within a group or in
the minds of certain indivi-
duals, with the outcome that
they reject everything that is
not consistent with their own
beliefs, perceptions, ideas,
values or convictions They
may even agree to use violence.
Factors associated with
RADICALIZATION LEADING TO VIOLENCE
Radicalization leading to violence occurs in situations where a variety
of social issues, individual psychosocial problems, and facilitating
factors intersect. Factors associated with radicalization leading to
violence include:
• Cognitive rigidity
Polarized perceptions
• Unshakeable ideological convictions
• Lack of critical distance
• Dualistic simplifications ("white versus black", "good
versus bad")
All these factors may encourage the development of "extreme
thought patterns" (Bronner 2009) or ideological extremism (Sunsteir
2009). These factors indicate "low cognitive flexibility/'that caracterize
radicalization leading to violence (Liht & Savage 2013; Boyd -MacMillan
2016). In other words, they imply the difficulties certain individuals are
having to integrate multiple values, to compare several points of view,
or to contextualize one's own perceptions and beliefs.
Given this, "low cognitive flexibility" is a risk factor in radicalization
leading to violence because it leads some individuals to be attracted
to dogmatic discourses or polarized views, which in turn promote
the shift to extremism (Kruglanski 2004; Hogg 2004).
It is thus not surprising that "low cognitive ability" could lead a person
to adopt a mental structure in which a single value or belief becomes
the basis of their perceptions, thereby excluding or rejecting all others
(Strozier and al. 2009).
0.
WHAT IF I WAS WRONG ?
... to think that everything is simple?
... to believe too quickly without
challenging myself?
... to imagine there is only one truth?
... to persist in my convictions with
absolute certainty?
... to think that others are not worth
listening to?
... to want to impose my beliefs on others
by any method?
GOAL OF THE
campaign
.................................................................................................
Encourage resilience and critical thinking skills as pro-
tecting factors against radicalizing discourses and ex-
tremism leading to violence.
The "What If I Was Wrong?" campaign does not seek to persuade
anyone to abandon an ideology or delegitimize specific extremist
groups of any stripe. On the contrary, it addresses attitudes that can
lead to violent radicalization: unshakeable ideological convictions,
unquestioning doctrinal rigidity, cognitive isolation, or intolerance of
alternative ideas, values or beliefs.
Target audience Old
• Young people: Age 13-25
• Young adults: Age 26-35
all
Major campaign
THEMES
The campaign "What If I Was Wrong?" is organized around five
major themes that are key factors in radicalization:
A feeling that can gradually lead some people to feel
cast aside by society, and to cut themselves off.
• Feeling excluded from a common destiny and mea-
ningful participation in social life, such individuals
perceive a widening gap between themselves and the
rest of society, sometimes to the point of a fatal rupture.
• Sectarian standardization of world views, ideas
and beliefs.
• Rejection of whatever way of thinking which is consi-
dered different, alternative or marginal and does
not necessarily match that of the majority or what is
recognized outside the "in" group.
• Conforming only with what is shared with the group,
for reassurance.
41
• Perception of deep-seated barriers between some
L groups, based on their social, political, religious, cul
tural or ethnic characteristics, or their beliefs.
• "Us against them": world views, opinions or
beliefs are divided into two antagonistic camps
that seem irreconcilable.
• Turning a blind eye to situations that should in fact elicit
a reaction.
• A feeling of powerlessness in relation to everyday
occurrences.
Generalizing characteristics and behaviour, making
lives one-dimensional when they in fact contain a
wealth of experiences.
Categorization of a person on the basis of specific
characteristics, or the social, cultural, political or reli-
gious group they belong to, or are assigned to.
Refusal to see distinctions within society or among the
individuals within it, and preference for a stereotype
devoid of nuance.
42
Angles of approach
BY THE CAMPAIGN
Each theme of the' What If I Was Wrong?" campaign will be explored
from the following angles:
I question my own perceptions of:
• The world around me
• Other people and my fellow citizens
• Local, national and international events
Are my perceptions:
• Based on facts?
• Subjective, or affected by what I read, what I see or
what I am told?
ItI question:
• My own beliefs
• How my beliefs conflict with those of others
When I think about my beliefs, I wonder how I can
answer these questions:
• Are they unique?
• Are they more valid than other people's?
• How can I practice them without denying other
people's?
43
I question:
• My own convictions
• The actions my convictions lead me to take
• The lines I refuse to cross
Does the end always justify the means?
# question:
• My awn ideas and how I relate to them
• The importance I attach to certain ideas in my life
Do my ideas come from me, or from other people?
I question:
• My own values
• The biases my values introduce into my way of seeing
the world
Are my values:
• Absolute?
• Inclusive of other people's values?
How can I get involved
IN THE CAMPAIGN?
EDUCATOR'S GUIDE
8 The "What If I Was Wrong?" Educator's Guide is for teachers,
community workers and group leaders involved with young
people. The purpose of the guide is to help them organize
activities in their communities that will allow participants to move
forward in a process of self-discovery, discovery of others, and
exploration of the world around them.
You can download the guide here: whatifiwaswrong.org/guide
Target audience: Young people aged 13-17
Number of activities offered. 20
Time: 50 - 90 minutes
QUIZ NIGHT
Quiz Night is an awareness -building workshop that pre-
sents material related to the five campaign themes. The
goal is to create a space for conversation and discussion in
a respectful atmosphere, and to encourage critical thinking and the
practice of questioning one's own convictions.
Target audience: young people and young adults aged 13-35
Time: 120 minutes
• Number of participants required: minimum of 10
45
THE ART OF EXPRESSION
The Art of Expression is an awareness -building work-
shop led by experienced artists who work in different art
forms. It offers a space for artistic expression and the
creation of art that addresses social issues of direct or indirect concern
to workshop participants.
If you are interested in organizing a workshop in your school,
community centre or any other context, please contact us at the
following address: info@whatifiwaswrong.org. We will provide you
with the tools needed to organize your workshop.
Target audience: open to all
Time: 120 minutes
• Number of participants required. minimum of 10
VIDEO STORIES
Make a 60 -second video where you tell your story that relates to one
of the five major themes of the campaign, answering the following
three questions:
1. What was the situation where you felt you were wrong? Start by
saying: "1 was wrong when
2. Why were you wrong?
3. What did you take away from the experience?
Send your video to this email address: info@whatifiwaswrong.org
• Target audience: open to all
M.
INTERNATIONAL
Contest
Enter our "What If I Was Wrong? When We Talk, We Learn!"
contest by submitting your art project based on one of the five
campaign themes.
• Individual:
• Photo
• Text, poem
• Song or musical composition
• Group of 10-30 individuals:
• Short video
• Song or musical composition
To mark the World Day of Social Justice, the winners will be announced
on February 20, 2018.
• Contest runs from: September 21, 2017 to January 21, 2018
• Entrants: Ages 13 - 35
For information about the contest terms and conditions,
especially the criteria for the art project submissions, go to:
whatifiwaswrong.org/contest
47
L,
Filvi if.ti
:' wl"T
VRONG
".N WE TALK,
'I
19
'm LEARN!
Evaluation
OF THE CAMPAIGN
Tools have been prepared to evaluate each type of
campaign activity:
• Questionnaire on resilience and critical thinking completed
by participants in the awareness -building workshops
• "Critical Thinking' grid to analyze comments posted on
social media (awareness workshops, contest, video stories
and the campaign in general)
• Questionnaire for educators, community workers and
workshop leaders who used the Educators Guide
"Critical Thinking" grid for a semiotic analysis of the artworks
submitted to the international contest
"Resilience" analysis grid for the video st
• "Your Impressions of the Campaign" c
pleted by entrants in the International Cc
For more information visit the
whatifiwaswrong.org
.•
Bibliography
• Boyd -MacMillan, E. M. (2015). increasing Cognitive Complexity
and Collaboration Across Communities: Being Muslim Being
Scottish. JournalofStrategic Securiiy, 9(4).
• Branner, G. (2009). La pensee extreme. Comment des hommes
ordinoires deviennent des fonotiques, Paris, Denoel, 2009.
• Hogg, M. (2004) "Uncertainty and Extremism: Identification
with Nigh Entitativity Groups Under Conditions of Uncertain-
ty," in Yzerbyt, V. Judd, C M. and Olivier Corneille (lids.), The
Psychology of Group Perception: Perceived Variability, Entiratmty,
and Essentialism, New York, Psychology Press.
• Koomer, W. and Van per Pligt J. (2015) The Psychology of
Radicalization and Terrorism, Londres, Routledge, 2015.
• Kruglanski, A. W. (2004) The Psychology of Closed Mindedness,
New York, Psychology Press.
• Liht, J., and Savage, S. (2010 Preventing Violent Extremism
through Value Complexity: Being Muslim Being British.Journal
of Strategic Security, 6(4), 44.
• 5trozier, C,B., Terman, D.M. and J.W. Jones (2009), The Fun-
damentalist Mindset, Oxford, Oxford University Press_
• Sunstein C.R. (2009) Going to Extremes : Now Like Minds Unite
and Divide, Oxford, Oxford University Press.
51
[.rLAUG2
E
August 8, 2017 17
His Worship Mayor Don Darlingeaza,
Saint John City Council
RE: Paving of Baywatch Lane, Saint John, N.B.
Dear Mayor Darling and Saint City Council:
I thought I should add my voice in support of my next door neighbour, Mrs. Darlene Cosman (8
Baywatch Lane) regarding the paving of #1 and #2 Clarke Roads and Rockhill Roadway which
was recently completed in the month of July 2017, a cause which she had championed. A fine
job was performed on these roads and i commend the City for its completion. My other
adjacent neighbour, Mr. Kent Atherton has had his house for sale for the last two years, and is
now actually having people drive to his property for viewing, instead of turning around due to
the impassible nature of #1 Clarke Road, up until the time of its paving.
The remaining neglected road, Baywatch Lane has had only a small patch applied to a gravel
strip in front of the Cosman residence. Otherwise, it remains a patchwork quilt of thirty year old
broken chip seal with interspersed areas of asphalt of various ages shoring up failed areas from
the past.
I am very cognizant about fiscal matters the City of Saint John is facing and I applaud prudent
management of spending. However, should residents in this small neighbourhood put their
houses up for sale, the first item to be inspected of any property will be the access road and
how well it is maintained. This presents cosmetic and structural matters completely beyond
the power of any homeowner to address in timely fashion, unlike maintenance issues
pertaining to their own home. Potential buyers of these properties, perhaps from other
communities in Canada, or from other countries, will see the state of the road which would be
clear evidence of adequate scheduled maintenance, or lack thereof.
Now the pavement covering Baywatch Lane is not rated an 18/100, as #1 Clarke Rd had been,
at least not yet. It is no small comfort to know that when it has reached a deplorable state, it
will be duly addressed. I believe this road should have had the same attention as the others
that connect to it and thus bring it up to the same standard that the others currently enjoy.
This improves curb appeal of our community and welcomes those who may be interested in
acquiring property in this area by letting them know that the City of Saint John is interested in
road quality, and that they need not look to other communities such as Quispamsis in order to
feel good about where they live.
I thank you and Council for the time and attention given to this matter, and hope these
consideration may lead to fresh asphalt in the near future.
Sincerely,
Daniel Scot
#4 Baywatch Lane
Resident since 1984
52
COUNCIL REPORT
M&C No.
2017-221
Report Date
August 25, 2017
Meeting Date
September 05, 2017
Service Area
Growth and Community
Development Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Proposed Public Hearing Date — Cedar Point Estates Area and 104
Saint Catherine Street
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Jacqueline Hamilton
Jacqueline Hamilton
I Jeff Trail
RECOMMENDATION
That Common Council schedule the public hearings for the City -initiated rezoning of
undeveloped lands in the Cedar Point Estates area (PID Nos. 55180558 and
55156954) and the Section 39 Amendment application of Jim Knox on behalf of Jack
Stephen (104 Saint Catherine Street) for Monday October 2, 2017 at 6:30 p.m. in the
Council Chamber, and refer the applications to the Planning Advisory Committee for
a report and recommendation.
EXECUTIVE SUMMARY
The purpose of this report is to advise Common Council of the rezoning and Section
39 amendment applications received and to recommend an appropriate public
hearing date. The next available public hearing date is Monday October 2, 2017.
At its meeting of August 3, 2004, Common Council resolved that:
the Commissioner of Planning and Development receive all applications for
amendments to the Zoning By-law and Section 39 resolutions/agreements
and proceed to prepare the required advertisements; and
when applications are received a report will be prepared recommending the
appropriate resolution setting the time and place for public hearings and be
referred to the Planning Advisory Committee as required by the Community
Planning Act.
53
Ira
STRATEGIC ALIGNMENT
While the holding of public hearings for proposed rezoning and Section 39
amendments is a legislative requirement of the Community Planning Act, it is also a
key component of a clear and consistent land development processes envisioned in
the One Stop Development Shop Program. These processes provide transparency
and predictability for the development community and City residents.
On a broader note, the development approvals process works towards fulfilling key
Council priorities including:
■ ensuring Saint John has a competitive business environment for investment,
■ supporting business retention and attraction; and
■ driving development in accordance with PlanSJ which creates the density
required for efficient infrastructure and services.
REPORT
As provided in Common Council's resolution of August 3, 2004, this report indicates
the rezoning and Section 39 amendment applications received and recommends an
appropriate public hearing date. Details of the applications are available in the
Common Clerk's office and will form part of the documentation at the public
hearings.
The following applications have been received:
Name of
Location
Existing
Proposed
Reason
Applicant
Zone
Zone
City of Saint
Cedar Point
Suburban
One -Unit
To require future
John
Estates Area
Residential
Residential
development to
(PID Nos.
(RSS)
(RI)
incorporate a more
55180558 and
urban street
55156954)
standard including
concrete curb and
gutter and sidewalk
Jim Knox on
104 Saint
Corridor
Section 39
To establish a
behalf of Jack
Catherine Street
Commercial
Amendment
plumbing
Stephen
(CC)
contracting
business in the
existing building
Cedar Point Rezoning
On August 8, 2017 Committee of the Whole directed the City Manager to prepare a
report for the September 5, 2017 meeting of Common Council to initiate a rezoning
of the undeveloped lands in the Cedar Point subdivision from Suburban Residential
(RSS) to One -Unit Residential (R-1) prior to the expiration of the approved tentative
subdivision plans for Phases 7 and 8. The intent of Council is to consider through
the rezoning process, the implementation of a higher standard for future
development of the subdivision which reflects requirements such as curbing,
54
-3 -
sidewalks, piped stormwater and underground utilities which are typical standard
for urban service subdivisions.
SERVICE AND FINANCIAL OUTCOMES
The scheduling of the public hearing and referral to the Planning Advisory
Committee satisfies the legislative and service requirements as mandated by the
Community Planning Service.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Not applicable.
ATTACHMENTS
None.
55
COUNCIL REPORT
M&C No.
2017-218
Report Date
August 28, 2017
Meeting Date
September 05, 2017
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Canada Games Aquatic Centre (CGAC) Air Handling Units
Replacement- Additional Cost
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Samir Yammine
Kevin Fudge
I Jeff Trail
RECOMMENDATION
It is recommended that Common Council approve additional cost of
$59,448.40+HST required to address unforeseen mechanical, electrical and
safety code issues found during the replacement of the two main ventilation
systems at Canada Games Aquatic Center
EXECUTIVE SUMMARY
The purpose of this report is to seek Council's approval for the additional cost
required to address mechanical, electrical and safety code issues found during
the replacement of the two main ventilation systems.
PREVIOUS RESOLUTION
At a meeting of the Common Council held on March 6, 2017, the following
resolution was adopted (M&C 2017-042):
"It is recommended that the tender submitted by John Flood and Sons (1961) Ltd
for the replacement of the two Air Handling Units (AHU), in the amount of
$1,165,070.70 including HST be accepted. Further to the base tender amount, it
is recommended that a contingency allowance be carried for this project in the
amount of $15,000, for a total amount of $1,180,070.70.
Additionally, it is recommended that Mayor and Common Clerk be authorized to
execute the necessary contract documents"
56
&A
STRATEGIC ALIGNMENT
The replacement of the two AHU(s) will align with the Council's Priorities for
Vibrant, Safe City:"Invest in arts, culture and recreation experiences that create
a sense of community pride.
REPORT
The existing ventilation units serving the pool areas are original to the building
and have well past their anticipated service life. During the construction and
demolition phases of the project, the City along with the construction and
consultant team has found various mechanical, electrical and safety code issues
that need to be addressed immediately. These issues are unforeseen and could
not be detected during the analysis and design phases. The following are a list of
issues that need to be rectified as part of the replacement of the two ventilation
systems project:
• Replacement of the existing fresh air plenum. Total cost is $40,274.79
o The fresh air plenum is severely rusted and corroded and requires
replacement. This item was discovered during the demolition
phase.
• Fire stopping in the penthouse. Total cost is $5,557.49
o Building code issue.
• Replace Faulted disconnect switch and transformer. Total cost is $4,000
• Other items: Sprinkler interference, drainage pipe leaking, and fire
damper replacement. Total Cost $9,616.12
W-1.1TWOME TINWI►%1►J[elI_I►41501110101uIAL7
The total additional cost to address the mechanical, electrical and safety code
issues as part of the replacement of the two ventilation systems project at the
CGAC is $ 59,448.40+HST.These costs are in addition to the $15,000 contingency
fund approved by Council.
Council has approved under the Capital budget 2015/2017 $1.108 million toward
the capital replacement of two ventilation systems serving the pool areas. The
additional cost required to address the unexpected issues will slightly exceed the
approve capital budget by approximately $60,000. However, staff has identified
projects in the CGAC and Facility Management capital, which are under budget
and can help cover this cost.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The CGAC management team was consulted and engaged throughout the
process.
ATTACHMENTS
NA
57
COUNCIL REPORT
M&C No.
2017-214
Report Date
August 17, 2017
Meeting Date
September 05, 2017
Service Area
Saint John Water
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. Contract No. 2017-16: District Meter Installations 2017
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Kevin O'Brien
Brent McGovern/
Brian Keenan
Jeff Trail
RECOMMENDATION
It is recommended that Contract No. 2017-16: District Meter Installations 2017
be awarded to the low Tenderer, Fairville Construction Ltd., at the tendered
price of $596,346.30 (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.
2017-16: District Meter Installations 2017 to the low Tenderer.
PREVIOUS RESOLUTION
November 14, 2016; 2017 Water & Sewerage Utility Fund Capital Program
Approved.
March 6, 2017; 2017 Water & Sewerage Utility Fund and General Fund Capital
Program Adjustments Approved.
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.
99
sa
REPORT
BACKGROUND
The approved 2017 Water and Sewerage Utility Fund Capital Program includes
funding for the installation of flow meters on watermains at various locations
within the water distribution system to monitor and audit water usage in each
defined district.
TENDER RESULTS
Tenders were closed on August 15, 2017 with the following results, including
HST:
1. Fairville Construction Ltd., Saint John, NB $ 596,346.30
2. Keel Construction Ltd., Grand Bay -Westfield, NB $ 672,107.78
The Engineer's estimate for the work was $624,938.75, including HST.
ANALYSIS
The tenders were reviewed by staff and 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 September and be completed by November 30,
2017.
FINANCIAL IMPLICATIONS
The Contract includes work that is charged against the 2017 Water and
Sewerage Utility Fund Capital Program. This project is partially funded by 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.
The analysis is as follows:
Budget $800,000
Project net cost $738,100
Variance (Surplus) $ 61,900
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.
59
-3 -
SERVICE AND FINANCIAL OUTCOMES
This project will allow for the installation of additional district flow meters on
watermains at eleven locations within the water distribution system. Flow data
from these new meters, as well as existing meters on the distribution system,
will be collected and used to monitor and audit the water demands in each
district to identify abnormal usage and possible water system leakage.
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.
M&C 2017-222
Report Date
August 29, 2017
Meeting Date
September 05, 2017
Service Area
Transportation and
Environment Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Carleton Community Centre ASD Model Update
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Tim O'Reilly
Michael Hugenholtz
I Jeff Trail
RECOMMENDATION
City staff recommends Common Council receive and file this report.
EXECUTIVE SUMMARY
This report updates Common Council on the status of the planned shift in
operations at the Carleton Community Centre to the Alternate Service Delivery
(ASD) model.
PREVIOUS RESOLUTION
On December 12, 2016 Common Council resolved that the West Side Community
Partners be provided a deadline of May 31, 2017 to submit a proposal to
commence operations of the Carleton Community Centre on January 1, 2018.
Should their proposal not be submitted by the deadline of May 31, 2017 or said
proposal is not accepted by the City, a competitive procurement process be
commenced to secure a service provider.
STRATEGIC ALIGNMENT
This report aligns with the City's Parks & Recreation Strategic Plan, which
recommends a shift in operations at the Carleton Community Centre to the
Alternate Service Delivery (ASD) model.
61
-2 -
REPORT
The West Side Community Partners, now officially incorporated as Carleton
Community Centre Inc., submitted their proposal prior to May 31, 2017 as
required. Staff would assess the proposal as being comprehensive and high
quality. The Board of the Carleton Community Centre Inc. comprises members
with varied and applicable expertize. Staff have been working with the Board in
making adjustments to the proposal and developing terms of the planned
Service Agreement. Operations of centre are planned to shift to the ASD model
at the end of January 2018. City staff remain confident an agreement can be
reached for shift in operations at this time. Staff are planning to return to
Common Council in November 2017 with a completed Service Agreement for
consideration. The term of the first agreement is anticipated to be one year
while the organization transitions and develops its future vision and mandate.
SERVICE AND FINANCIAL OUTCOMES
Funds necessary to support the shift in operations to the ASD model are being
contemplated for the 2018 General Fund Operating Budget.
❑��Il►jrda�luL��/:I�:�i�:��/[�i��L'7��F��►PI���r�►:��:[�1��]�:�j
The City Solicitor's Office will be engaged soon to finalize the Service Agreement.
62
COUNCIL REPORT
M&C No.
2017-228
Report Date
August 29, 2017
Meeting Date
September 05, 2017
Service Area
Saint John Water
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Public Information Session: Fundy Heights SCADA Tower
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
David Russell
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 Fundy Heights SCADA Tower project, and to
update Council on the status of the project.
PREVIOUS RESOLUTION
November 14, 2016; 2017 Water & Sewerage Utility Fund Capital Program
Approved.
March 6, 2017; 2017 Water & Sewerage Utility Fund Capital and General Fund
(Transportation & Storm Categories) Capital Program Adjustments Approved.
STRATEGIC ALIGNMENT
This report aligns with Council's Priority for Valued Service Delivery, specifically
as it relates to investing in sustainable City services and municipal infrastructure.
63
-2 -
REPORT
Monitoring of the City's Water and Sewer facilities relies on a Supervisory
Control and Data Acquisition (SCADA) system. This SCADA system monitors the
City's water and sewer facilities 24 hours a day. The approved Water &
Sewerage Utility Fund Capital Program includes a project for upgrades to the
City's SCADA system. As part of these upgrades, a new 45 metre tall tower is
required. This new tower will be located at the site of the existing Lancaster
water tank located at Civic # 685 Fundy Drive.
The design work for this tower is underway. Staff anticipates the Request for
Proposal (RFP) for this project will be issued in September, 2017 with a closing in
October, 2017. Construction is expected to begin later in the fall with
anticipated competition before the end of 2017. Staff have decided to hold a
Public Information Session to allow local residents an opportunity to view the
project drawings, ask questions and give their feedback. The Public Information
Session will be held at the Hillcrest Baptist Church at 476 Lancaster Avenue on
Thursday, September 7, 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 copy of the attached
notice will be delivered door to door in the project area.
F��:��1[�1��TP1�7dIP/_�TPI�/_�l��I►j���1�TI�7
This tower will result in improved connectivity for the City's SCADA system.
The approved 2017 Water & Sewerage Utility Fund Capital program includes
funding for the design, construction and construction management components
of the project. Partial funding for this project will come from the Clean Water
Wastewater Fund.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/a
ATTACHMENTS
Public Information Session Notice
M
ohn yy�
O
o
�syo4r ce5
Water VoVe Qat
PUBLIC INFORMATION SESSION
FUNDY HEIGHTS — SCADA TOWER
Monitoring of the City's water and sewer facilities relies on a Supervisory Control and Data
Acquisition (SCADA) system. This SCADA system monitors the City's water and sewer facilities
24 hours a day. As part of planned upgrades to the City's SCADA system, a new
telecommunications tower is being constructed. This will be a lattice style tower with a height of
45 metres. The new tower will be located at the site of the existing Lancaster water tank located
at Civic # 685 Fundy Drive.
The project is anticipated to begin in the Fall of 2017 and is expected to be completed by the
end of 2017.
This project is part of the City's ongoing commitment to continually improve its infrastructure and
is included in the 2017 City of Saint John Water & Sewerage Utility Fund Capital Program.
Representatives from the City of Saint John and the project design team from Varcon Inc. —
Consulting Engineers will be available to answer questions related to the project. The public is
invited to attend an information session on this project on the following date and times:
Date: Thursday, September 7t", 2017
Place: Hillcrest Baptist Church, 476 Lancaster Avenue
Time: 2:00 p.m. — 4:00 p.m. and 6:00 p.m. — 8:00 p.m.
For further information about this project, contact the City of Saint John at (506) 658-
4455.
65
COUNCIL REPORT
M&C No.
2017-217
Report Date
August 23, 2017
Meeting Date
September 05, 2017
Service Area
Saint John Water
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. Contract No. 2017-11: Sanitary Sewer System — CSO-SSO Controls
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Joel Landers
Brent McGovern/Brian
Keenan
Jeff Trail
RECOMMENDATION
It is recommended that Contract No. 2017-11: Sanitary Sewer System — CSO-SSO
Controls be awarded to the low Tenderer, Galbraith Construction Ltd., at the
tendered price of $193,775.00 (including HST) as calculated based upon
estimated quantities, and further that the Mayor and Common Clerk be
authorized to execute the necessary contract documents.
EXECUTIVE SUMMARY
The purpose of this report is to recommend that Council award Contract 2017-
11: Sanitary Sewer System — CSO -SSC) Controls to the low Tenderer.
PREVIOUS RESOLUTION
November 14, 2016; 2017 Water & Sewerage Utility Fund Capital Program
Approved.
March 6, 2017; 2017 Water & Sewerage Utility Fund and General Fund Capital
Program Adjustments Approved.
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.
99
sa
REPORT
BACKGROUND
The approved 2017 Water and Sewerage Utility Fund Capital Program includes
funding for the installation of CSO-SSO Controls at various locations to meet
requirements set out in the approval to operate granted by NBDELG.
TENDER RESULTS
Tenders closed on August 22, 2017 with the following results, including HST:
1. Galbraith Construction Ltd., Saint John, NB $ 193,775.00
2. Fairville Construction Ltd., Saint John, NB $ 237,227.75
The Engineer's estimate for the work was $ 236,803.50, including HST.
ANALYSIS
The tenders were reviewed by staff and found to be formal in all respects.
Staff is of the opinion that the low tenderer has the necessary resources and
expertise to perform the work, and recommend acceptance of their tender.
Work is expected to begin in September and be completed by November 30,
2017.
FINANCIAL IMPLICATIONS
The Contract includes work that is charged against the 2017 Water and
Sewerage Utility Fund Capital Program. This project is partially funded by 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.
The analysis is as follows:
Budget $ 800,000.00
Project net cost $ 249,175.00
Variance (Surplus) $ 550,825.00
Staff intends to issue another tender to undertake CSO-SSO Control installations
at additional locations to utilize the remaining project funding. Staff has
identified the additional locations, however further investigation and design
work is required due to the complex nature of work needed at these locations.
This additional contract work will be publicly tendered later this year.
67
-3 -
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
This project will allow for the installation of CSO-SSO Controls in chambers at 35
locations within the sanitary sewerage system.
This project will be completed within the original approved financial budget.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/a
ATTACHMENTS
N/a
:`_fj trf-Hr 1
COUNCIL REPORT
M&C No.
2017-229
Report Date
August 29, 2017
Meeting Date
September 05, 2017
Service Area
Transportation and
Environment Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Continuous Improvement Project — Automatic Vehicle Locator System
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Daniel LeBlanc /Jeff
Hussey
Mike Hugenholtz
Jeff Trail
RECOMMENDATION
It is recommended that the supply of an Automatic Vehicle Locator (AVL) System
be awarded to Northern Business Intelligence at an initial cost of $33,945.00
(plus HST), and that the Mayor and Common Clerk be authorized to execute the
necessary contract documents.
EXECUTIVE SUMMARY
Several current and pending vehicle/equipment related continuous
improvement projects are being delayed due to inadequate data collection.
Data collection for fleet vehicles and equipment is linked to automatic vehicle
location (AVL) systems. After reviewing the benefits of an automatic vehicle
location (AVL) system, the Continuous Improvement (CI) Team made the review
of AVL technologies a "just do it" Cl project.
Staff have reviewed and piloted the most current commonly used systems as
well an emerging technology. As a result of the review and pilot processes, a
preferred system has been identified. A price proposal has been obtained and
now the matter is before Council for its consideration.
I]:7��lC�I►1��7�C��7�►i�I�P►7
Not applicable
sa
STRATEGIC ALIGNMENT
The implementation and management of an automatic vehicle location (AVL)
system for City vehicles and equipment supports Council's priority of enhancing
customer focused service delivery by providing the means to measure service
level outputs for most winter and summer equipment related operations, to
make improvement recommendations as well as set measurable service level
expectations.
REPORT
As Council is aware, the City of Saint John has embarked on a continuous
improvement process. Several of the current and planned projects require data
collection to ensure reliable and accurate measurement of service related
activities, to properly develop improvement solutions. More specifically, the lack
of vehicle location data (AVL) reduces staff's ability to make optimal decisions on
equipment scheduling and routing. Monitoring real-time equipment
performance is currently not possible which results in potential efficiency gaps
and resource use optimization.
The analysis of the data collected through an automated vehicle location (AVL)
system could help:
• reduce time, effort and/or costs of operational processes;
• enhance the customer service experience (to the public and internally);
• facilitate better information "hand-off" process between staff using the
same equipment;
• facilitate more efficient resource deployment and reporting; and
• optimize service delivery to align with customer expectations.
By not considering the pursuit of a vehicle location (AVL) system, the City is
losing an opportunity:
• for data rich management for operations;
• to build strong relationships between enabling and public service
provided within the organization; and
• to realize future savings and opportunities of efficiency gains.
Knowing the benefits of an automatic vehicle location (AVL) system, the
continuous improvement team undertook a review (and then a pilot) of
competing types of automatic vehicle location (AVL) systems. The review
included the existing AVL devices installed in Saint John Police Force vehicles, the
supplier to the Government of New Brunswick as well as a smart phone based
system (emerging technology).
As a result of the review, staff concluded that the AVL system provided by
Northern Business Intelligence (supplier to the Government of New Brunswick) is
70
am
the preferred system (and vendor). The AVL system offered by Northern
Business Intelligence:
• is widely used throughout Canada and the US;
• has an advanced web based management portal;
• comes with a winter management package (optional);
• is module based, expandable and customizable; and
• the City can piggy back on GNB's agreement pricing.
It is proposed that over the next few years, AVL devices be installed in all
City owned vehicles and equipment. For now, the process will only include
permanent equipment and vehicles within Transportation and Environment
Services (T&ES).
Based on the data collection needs of current and proposed continuous
improvement projects, staff have obtained an estimated cost of T&ES's AVL
hardware needs as well as ongoing data management costs.
SERVICE AND FINANCIAL OUTCOMES
AVL systems provide the host organization with real time driver and routing
data. Through analysis and regular feedback to operators, the City of Saint John
will eventually realize saving in the areas of fleet fuel and maintenance. The
general public will eventually see less re -work, missed work and stable service
delivery by way of less equipment down time.
The 2017 estimated cost to purchase and support the AVL modules and
accessories in 123 of the Transportation and Environment Services' fleet is:
AVL Hardware $ 33,945 plus HST
Monthly Fee 9,477 plus HST (3 months)
Total $43,422 plus applicable non-recoverable HST
The estimated monthly fee for the ongoing data connection and support of the
123 vehicles and equipment is $3,159 plus HST.
For 2017, this initiative will impact T&ES by approximately $57,785 (after the
non-recoverable HST is taken into account and considering estimated cost of
equipment installation by Fleet Services) and $39,534 annually thereafter. To
facilitate this initiative, other 2017 planned T&ES spending will be deferred. The
applicable adjustments had been made to the 2018 budget submission for the
annual fee. In the short term, AVL monthly fees will be a net increase cost to
T&ES communication lines, to be temporarily offset by other reductions.
71
-4 -
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Fleet Services advised that the City's previous AVL system was phased out due to
the cumbersome nature of the data collection, online system administration and
ease of tampering with the vehicle's AVL devise.
The Cl Team advised that the AVL review process did examine the functionally of
Northern Business Intelligence's web portal, ease of use of communication and
data collection tools as well as error / tamper proofing options. Communication
and consistent system monitoring will be key components of the error proofing
process.
Material Management has reviewed the Province's agreement with Northern
Business Intelligence and support the recommendation being put forth.
ATTACHMENTS
None
72
Mayor and Council
City of Saint John, NB
Aug, 22/17
AUG 252017
I received a parking ticket on King Street as I was escorting relatives from Saskatoon, SK. and Boucherville
PQ to your city market on Au21st.
I was not the only one that received tickets at this location, that was marked no parking between 00:00 -
07:00 am. Wondering why we had received tickets, we were told that there was a pay station on the
street. After being informed of this pay station we discovered by walking up the street that this was not
visible because of tree branches and not noticeable with the faded paint.
I have lived in Halifax, Fredericton and visited many cities in Canada and the US and have never seen such
poor signage.
have paid my ticket by money order today and I do hope that you and your council will consider better
signage at this location.
Also, my relatives were very disappointed in the lack of signage to find the Irving Nature Park as it was not
well marked for tourists.
iu
- Z��
Judith Jones
1861 Lakeview Rd.
Cambridge -Narrows, NB
E4C 1M9
506-488-3425
PS
Have pictures if you require them.
73
{
COUNCIL REPORT
M&C No.
2017-232
Report Date
August 31, 2016
Meeting Date
September 05, 2016
Service Area
Corporate Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. Sculpture Saint John
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author Commissioner/Dept. Head City Manager
Jonathan Taylor Jeff Trail
RECOMMENDATION
That Council request the assistance of the Saint John Community Arts Board with
the Sculpture Saint John 2018 Symposium by recommending the 3 artists choices
and proposing site locations.
EXECUTIVE SUMMARY
The Sculpture Saint John Symposium will take place on August 91h- September
22"a, 2018. The City of Saint John is one of the 7 local community partners (Saint
John, Grand Bay -Westfield, New Maryland, Gagetown, Fundy National Park,
Luxor Shriners of NB- St. Martins, Catholic Health International — Fredericton)
Sculpture Saint John has made an international call to artists and a jury will soon
be making final selections. In November 2017, each of the community partners
will be tasked with choosing a location of the sculptures and selecting their 3
artist choices. Staff recommends that Council engage the Saint John Community
Arts board to assist with the artist and site selections. The Arts board would
subsequently submit its recommendations to Council for consideration and final
approval.
PREVIOUS RESOLUTION
February 20, 2017 Council resolution:
RESOLVED that as recommended by the City Manager in the submitted report
M&C2017-037: Sculpture Saint John, Common Council enter into a City
Partnership with Sculpture Saint John for two sculptures by contributing $30,000
74
in 2016 out of the General Operating Fund.
SERVICE AND FINANCIAL OUTCOMES
The City has contributed $30,000 towards this project.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The City's Cultural Affairs Officer was consulted.
ATTACHMENTS
N/A
75
PRO CLAMA TION
WHEREAS The disease of addiction in its various forms creates a
tremendous burden to individuals, families and
communities in the City of Saint John;
WHEREAS So many hundreds of thousands of steadfast and
courageous citizens over the years have acknowledged their
crippling dependencies and moved on to lives of sobriety;
WHEREAS So many have found again their dignity and self-respect
and loving regard for themselves and those around them;
WHEREAS these brave souls have discovered and truly learned that
honesty and sobriety and a full return to citizenship all
march hand in hand;
WHEREAS many have until this day been reluctant to declare openly
and without need for explanation that they live proudly in
RECOVERY;
WHEREAS these very same people say in unison, "I AM IN
RECOVERY," and I am all the stronger and happier and
more richly fulfilled as a person because of it;
WHEREAS we choose now to CELEBRATE our RECOVERY and the
RECOVERY of those sons and daughters, brothers and
sisters beside us;
NOW THEREFORE: I, Mayor Don Darling, of Saint John, do hereby proclaim
September 15th, 2017 as Recovery Day in the City of Saint John.
In witness whereof I have set my hand and affixed the official seal of the Mayor of the
City of Saint John.
76
PROCLAMATION
WHEREAS: prostate cancer is the most common cancer to affect
Canadian men; and
WHEREAS: I in 7 Canadian men will be diagnosed with the disease in
his lifetime; and
WHEREAS: an estimated 21,600 Canadian men will be diagnosed with
prostate cancer this year; and
WHEREAS: the survival rate for prostate cancer can be over 90% when
detected early; and
WHEREAS: those with a family history of the disease, or those of
African or Caribbean descent, are at a greater risk of
developing prostate cancer; and
WHEREAS: Prostate Cancer Canada recommends that men get a PSA
test in their 40s to establish their baseline;
NOW THEREFORE: I, Mayor Don Darling, of Saint
John do hereby proclaim September 2017 as Prostate Cancer Awareness Month in
the City of Saint John.
In witness whereof I have set my hand and affixed the official seal of the
Mayor of the City of Saint John.
77
fJtJ�.
PRO CLAMA TION
WHEREAS, The Common Council of the City of Saint John on February the 6th. 2017
declared by a motion and was approved at the open session of Common Council that the
nine local Cadet Units of Greater Saint John be granted the City's highest honour the
"Freedom of the City"; And
WHEREAS, The year of two thousand and seventeen (2017) marks the one hundred and
fiftieth (150th) Anniversary of the Confederation of Canada, which is a most fitting time
to honour our local Cadet Units; And
WHEREAS, We are extremely proud of the dedication, commitment and determination
that the Cadets give to their training, education and loyalty of service that provides them
with leadership and community spirit skills; And
WHEREAS, We are committed to providing our young men and women with every
opportunity to advance them in their skills and experiences as tomorrow's leaders; And
WHEREAS, The Common Council of the City of Saint John is very honoured to bestow
the city's highest honour, "Freedom of the City" to the following Cadet Units;
161 C.K. Beveridge Squardon, Royal Canadian Air Cadets
527 Simonds Squardon, Royal Canadian Air Cadets
9 Rodney Royal Canadian Sea Cadets
268 Bras d'Or, Royal Canadian Sea Cadets
311 Halifax, Royal Canadian Sea Cadets
1691 Saint John, Royal Canadian Army Cadets
3034 Blue Mountain, Royal Canadian Army Cadets
1777 Saint John West Army Cadets
140 Kingston Peninsula, Royal Canadian Army Cadets
THEREFORE BE IT RESOLVED: that the Members of the Common Council of the
City of Saint John do hereby Congratulate and extend Best Wishes to our nine local Cadet
Units on the bestowing of the "Freedom of the City" to be held on Saturday, the 16th of
September, 2017.
Dated at the City of Saint John on the fifth day of September, A.D. 2017
In Testimony Whereof
the Common Seal of the City of Saint John
Has been hereunto affixed the day and year
first herein before written.
'i Z!1 [e] OMMIN lei =.`l Ina:
New
11, WiCan
Frederic[cxi ,,�
Fundy Regional Service Commission
Recreation Plan
■ Endorsed by all Fundy Region municipal Councils
- "Motion: Endorse the Regional Recreation Plan; and,
Advocate to the Regional Service Commission that an Ice Strategy that would
result in the replacement of the City's four aging centennial arenas be the pilot
project in the implementation of this Regional Recreation Plan."
- Saint John Council Meeting Minutes, November 14, 2016
■ Plan Accepted by Fundy Regional Service Commission (PRBC)
- December 14, 2016
■ Regional Recreation Facilitator hired by FRSC
- April, 2017
W
Fundy Regional Service Commission
Recreation Plan
■ Emphasizes:
- Collaboration across the
region
- Asset based community
development
- Building capacity for
recreation opportunities,
particularly in rural
communities and the Local
Service Districts
The Fundy Region includes 5 municipalities
81 and 9 Local Service Districts (LSDs)
t u.r
The Fundy Region includes 5 municipalities
81 and 9 Local Service Districts (LSDs)
Regional Ice Strategy
Recreation Plan., Section 3.3
■ "Each Municipality should focus on long
range planning (20 years)."
■ "Current standards vary."
■ "An inter municipal assessment of need and
opportunity is the first step in the process to
document the options for collaboration
which meet the single test for collaboration
to succeed: is there a net financial and
community benefit to each partner and will
that benefit be sustained."
0
.•rte � ) a
ul
oi�v .
`F r
' 1
too
.0 Ole
AV
i
Arena Life Cycles
Arena- --I
Harbour Station
Lord Beaverbrook Rink
Peter Murray Arena
Charles Gorman Arena
Hilton Belyea Arena
Stewart Hurley Arena
Rothesay Netherwood Memorial Arena
Rothesay Arena
gplex
Quispamsis Memorial
River Valley Community Center
4 Season Complex
Constructed • -
1993 City of Saint John
1960 City of Saint John
1967 City of Saint John
1974 City of Saint John
1974 City of Saint John
1974 City of Saint John
Rothesay Netherwood School
1972 Town of Rothesay
2010 Town of Quispamsis
1982 Town of Quispamsis
1996 River Valley Community Centre
2005 Village of St Martins
What problems does a Regional
Ice Strategy address?
■ Multiple arenas going offline simultaneously
- Impact on ice access across the region
■ Communicating ice availability as a region
Is there potential for a central booking
system?
■ Identify operational efficiencies
- Group training and procurement
■ What makes an arena project regional?
- FRSC endorsement: what's the criteria?
"Booking sufficient time in existing facility"
Most significant challenge identified in the
FRSC Rec Plan, Appendix A
Discussion so far
Meetings & Presentations
■
■
■
■
■
■
■
■
Fundy Regional Service Commission
July 12th 2017
Quispamsis Town Council
July 18th 2017
St Martins Village Council
August 14th 2017
Saint John City Council
September 5th 2017
Grand Bay -Westfield Town Council
September 11th 2017
Rothesay Town Council
October 10th 2017
Regional Advisory Committee
September, 2017
Meetings with all municipal recreation
directors individually and as a group.
Goals
■ Discuss access to indoor ice as a
region
■ Inter -Municipal and LSD engagement
■ Procedures and standards for
seamless collaboration
■ Alleviate scheduling conflicts
■ To be a tool for driving applications for
funding forward
■ "Net financial and community benefit
to each partner"
■ Creating a consistent Code of
Conduct (Framework for Recreation in
Canada and the New Brunswick Framework
for Recreation)
Regional Ice Strategy
Project Team
■ Fundy Regional Service Commission, Nick Cameron
■ Town of Quispamsis, Dana Purton Dickson ik Evaluate
■ Government of New Brunswick, Greg Evans
■ City of Saint John, Tim O'Reilly
■ Town of Grand Bay -Westfield, TBA -
■ Town of Rothesay, TBA
■ Village of St Martins, TBA
■ (2) Local Service District Reps, TBA _
Bi -monthly meetings 87
Commitment
■ Project team members will attend bi-monthly meetings
■ Nick Cameron (Service Commission Rep) will provide regular updates to project
team in between meetings
■ Project team members will be the first point of contact for their community
Deliverables
■ A report to support councils when planning decisions that will affect access to
indoor ice across the region.
■ Statistics that may help arena managers with operations or arena owners with
securing funding for capital projects.
■ Identify opportunities for greater collaboration between arenas.
■ Present case studies from other jurisdictions that demonstrate alternative financial
and ice allocation models.
■ A recommended Code of Conduct for arena users.
Timeline
2 -Year Project
■ Present to Commission, Councils and RAC: July- October 2017
■ Survey arena operators: Fall 2017
■ Survey arena users: Winter 2017/18
■ Review asset and survey data: Spring 2018
■ Present update to Councils and ask for comments: Spring - Summer 2018
■ Develop regional ice strategy (first draft): Summer 2018
■ Review first draft with key stakeholders and councils: Fall 2018 - Winter 2018/19
■ Review Feedback: Spring 2019
■ Present final draft to Councils: Summer 2019
■ Present final draft to Commission for approval: Summer 2019
Fundy Regional
Service Commission
Commission de Services
Re"gionaux de Fundy
Nick Cameron
Recreation Facilitator
ncameron@frsc.ca
506.343.7946
91
BY-LAW NUMBER C.P. 111-45
A LAW TO AMEND
THE ZONING BY-LAW
OF THE CITY OF SAINT JOHN
ARRETE No C.P. 111-45
ARRETE MODIFIANT L'ARRETE DE
ZONAGE DE THE CITY OF SAINT
JOHN
Be it enacted by The City of Saint Lors d'une reunion du conseil
John in Common Council convened, as communal, The City of Saint John a
follows: decret6 ce qui suit :
The Zoning By-law of The City of
Saint John enacted on the fifteenth day of
December, A.D. 2014, is amended by:
1 Amending Schedule A, the Zoning
Map of The City of Saint John, by rezoning
a parcel of land having an area of
approximately 2634 square metres, located
at 510 Ellerdale Street, also identified as
PID No. 55186720 from Two -Unit
Residential (R2) to Mid -Rise Residential
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.
W 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:
MayorlMaire
L'arret6 de zonage de The City of
Saint John, d6cr&6 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 designation pour
une parcelle de terrain d'une superficie
d'environ 2634 metres carres, situee au 510
rue Ellerdale, et portant le NID 55186720,
de zone r6sidentielle bifamiliale (R2) a
zone r6sidentielle — immeubles d'habitation
de hauteur moyenne (RM) conform6ment a
une resolution adoptee par le conseil
municipal en vertu de I'article 39 de la Loi
sur Purbanisme.
- toutes les modifications sont indiqu6es sur
le plan ci joint et font partie du present
arretd.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
pr6sent arret6 le 2017,
avec les signatures suivantes
Common C1erk/Greffier communal
First Reading - August 8, 2017 Premiere lecture
Second Reading - August 8, 2017 Deuxieme lecture
Third Reading - Troisieme lecture
92
- le 8 aout 2017
- le 8 aout 2017
GROWTH & COMMUNITY DEVELOPMENT SERVICES
SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE
REZONING 1 REZONAGE
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
FROM 1 DE
Two -Unit Residential
Zone residentielle
bifamiliale
TO 1 A
Mid -Rise Residential
R2 71 RM Zone residentielle — Immeubles
d'habitation de hauteur moyenne
Pursuant to a Resolution under Section 39 of the Community Planning Act
Conformement a une resolution adoptee par le conseil municipal en vertu
de I'article 39 de la Loi sur I'urbanisme
Applicant: Rod Crowther, Kings Valley Consulting Ltd.
Location: 510 Ellerdale Street
PID(s)1NIP(s): 55186720
Considered by P.A.C.lconsidere par le C.C.U.: July 18 juillet, 2017
Enacted by Council/Approuve par le Conseil:
Filed in Registry Office/Enregistre le:
By -Law #IArrete #
Drawn By/Creee Par: Andrew Pollock Date Drawn/Carte Creee: August 28 aout, 2017
93
Section 39 Conditions — 510 Ellerdale Street
That pursuant to Section 39 of the Community Planning Act, the development and use of the
parcel of land having an area of approximately 2,634 square metres, located at 510 Ellerdale
Street, also identified as PID Number 55186720 be subject to the following conditions:
a) That any development of the site be in accordance with a detailed site plan to be prepared
by the proponent and subject to the approval of the Development Officer, indicating the
location of all buildings, structures, parking areas driveways, loading areas, signs, exterior
lighting, outdoor storage areas, amenity areas, pedestrian circulation elements and other site
features. This site plan is to be attached to the application for the building permit for the
proposed development and all site improvements illustrated on the plan must be completed
within one year of completion of the building;
b) That any development of the site shall be in accordance with a detailed landscaping plan, to
be prepared by the proponent and subject to the approval of the Development Officer. This
landscaping plan is to be attached to the application for the building permit for the proposed
development and all landscaping illustrated on the plan must be completed within one year of
completion of the building; and,
c) That any building be constructed in accordance with detailed elevation plans prepared by the
developer and approved by the Development Officer. These building elevation plans must be
attached to the application for the building completed within one year of completion of the
building.
BY-LAW NUMBER C.P. 111-46
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 rezoning
a parcel of land having an area of
approximately 1012 square metres, located
at 12 Westmorland Street, also identified as
PID No. 55222228 from Two -Unit
Residential (R2) to Corridor Commercial
(CC), and
2 Rezoning a parcel of land having an
area of approximately 929 square metres,
located at 24 and 26 Westmorland Street,
also identified as PID Nos. 55158067 and
55232664 from Two -Unit Residential (R2)
and Neighbourhood Community Facility
(CFN) to Local Commercial (CL) pursuant
to a resolution adopted by Common
Council under Section 39 of the
Community Planning Act.
ARRETE No C.P. 111-46
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
ddcr6td ce qui suit :
L'arretd de zonage de The City of
Saint John, d6cr&6 le quinze (15) d6cembre
2014, est modifi6 par:
1 La modification de 1'annexe A,
Carte de zonage de The City of Saint John,
permettant de modifier la designation pour
une parcelle de terrain d'une superficie
d'environ 1012 metres carr6s, situ6e au 12
rue Westmorland, et portant le NID
55222228, de zone r6sidentielle
bifamiliale (R2) A zone commerciale de
corridor (CC), et
2 Modifier la designation pour une
parcelle de terrain d'une superficie
d'environ 929 metres carr6s, situ6e au 24
et 26 rue Westmorland, et portant les NID
55158067 et 55232664, de zone
r6sidentiellc bifamiliale (R2) et zone
d'installations communautaires de quartier
(CFN) a zone commerciale locale (CL)
conform6ment a une r6solution adopt6e par
le conseil municipal en vertu de Particle 39
de la Loi sur l'urbanisme.
- all as shown on the plan attached hereto - toutes les modifications sont indiqu6es sur
and forming part of this by-law. le plan ci joint et font partie du pr&sent
arret6.
IN WTINESS WHEREOF The City of EN FOI DE QUOI, The City of Saint John
Saint John has caused the Corporate a fait apposer son sceau communal sur le
Common Seal of the said City to be affixed pr6sent arret6 le 2017,
to this by-law the * day of *, A.D. 2017 avec les signatures suivantes
and signed by:
Mayor/Maire
Common Clerk/Greffier communal
First Reading - August 8, 2017 Premiere lecture
Second Reading - August 8, 2017 Deuxieme lecture
Third Reading - Troisieme lecture
95
- le 8 aout 2017
- le 8 aout 2017
GROWTH & COMMUNITY DEVELOPMENT SERVICES
SERVICE DE LA CROISSANCE ET DU D�VELOPPEMENT COMMUNAUTAIRE
REZONING 1 REZONAGE
Amending Schedule "A" of the Zoning By -Law of The City of Saint John
ModifiantAnnexe «A» de I'Arrete de zonage de The City of Saint John
\.oGr\.o,1.-
FROM 1 DE TO 1 A
Two-Unit Residential R2
Zone residentielle bifamiliale
Two -Unit Residential R2
Zone residentielle bifamiliale
.gut ........ Corridor Commercial
CC Zone commerciale de corridor
CL Local Commercial
Zone commerciale locale
Neighbourhood Community
Facility i11 Local Commercial
Zone d'installations CFN �- CL Zone commerciale locale
communautaires de quartier
Pursuant to a Resolution under Section 39 of the Community Planning Act
Conformement a une resolution adoptee par le Conseil municipal en vertu
de I'article 39 de la Loi sur I'urbanisme
Applicant: Chris Pyne
Location: 12, 24-30 Westmorland Street
PID(s)INIP(s): 55222228, 55232664, 55158067
Considered by P.A.C.Iconsidere par le C.C.U.: July 18 juillet, 2017
Enacted by Council/Approuve par le Conseil:
Filed in Registry Office/Enregistre le:
By -Law #/Arrete #
Drawn By/Creee Par: Andrew Pollock Date Drawn/Carte Creee: August 28 aout, 2017
Section 39 Conditions —12 Westmorland Street
That, subject to Section 39 of the Community Planning Act, the rezoning of a parcel of land having an
area of approximately 1012 square metres, located at 12 Westmorland Street, also identified as PID
Number 55222228, from Two -Unit Residential (R2) to Corridor Commercial (CC), be subject to the
following conditions:
a. That the use of the property be limited to the proposal;
b. That all areas of the site not used for parking be hydroseeded;
c. That a board -on -board fence, or a hedge used for screening purposes, be placed along the rear yard
and the southern side yard of the subject site;
d. That the work identified in 2(b) and 2(c) be completed within one year of the issuance of a building
permit.
97
Received Date August 16, 2017
Meeting Date September 05, 2017
Open or Closed Open Session
His Worship Don Darling and
Members of Common Council
Your Worship and Councillors:
Subject: Deer Population Problems in Millidgeville
Background:
Millidgeville is one of the top two locations in New Brunswick where people are at highest risk for contracting
Lyme disease, according to data provided by the province's health department. If left untreated, people
bitten by an affected tick can develop arthritis, neurological and heart problems. The family pet dog is also
at risk of being infected by Lyme disease.
In addition to the spread of Lyme disease, the high density of deer in Millidgeville causes both motor vehicle
accidents and other property damage including devastation of plants and gardens.
Motion:
RESOLVED that the City Manager be directed to have staff investigate ways to mitigate the problems caused
by the deer population, including liaison with the province, and report back to Council.
Respectfully Submitted,
(Received via email)
John MacKenzie
Councillor Ward 2
City of Saint John
lr _
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21-41-1 1 vwvw.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
Received Date August 19, 2017
Meeting Date September 05, 2017
Open or Closed Open Session
His Worship Don Darling and
Members of Common Council
Your Worship and Councillors:
Subject: Operations Savings Discussion
Background:
This Council has not had much opportunity for "free discussion" on what could be changed or how we might
do our business differently to manage savings.
One of my reasons to suggest this meeting is that over the past while I have heard many public statements
on what our deficit might be for the upcoming budget but the entire Council has not to this date had any
formal discussion from staff. I realize the Finance Committee probably has had this discussion but I feel that
the entire Council should be fully advised.
Another reason is that the entire Council has not had a presentation from the Continuous Improvement
Committee and I believe they have been sitting now for two years.
Motion:
That Council arrange a workshop to be held in Closed or Open Committee in the very near future where all
Council Members and Senior Staff could discuss ideas and/or suggestions together for how savings can be
acquired from our entire city operations as we do them presently.
Respectfully Submitted,
(Received via email)
Shirley McAlary
Councillor at Large
City of Saint John
lr _
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
Received Date August 23, 2017
Meeting Date September 05, 2017
Open or Closed Open Session
His Worship Don Darling and
Members of Common Council
Your Worship and Councillors:
Subject: Financial Commitments
Background:
Motion:
That under their auspices of good governance Council, make no further financial commitments until
such time as our Capital and Operating budgets have been set and passed.
Respectfully Submitted,
(Received via email)
David Merrithew
Councillor, Ward 4
City of Saint John
lr _
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
100
Received Date August 28, 2017
Meeting Date September 05, 2017
Open or Closed Open Session
His Worship Don Darling and
Members of Common Council
Your Worship and Councillors:
Subject: Cost Update - Lord Beaverbrook Rink - Railing around ice surface
Background:
Common Council approved in the 2017 Capital Budget the amount of $150,000 to install a safety railing
around the ice surface at the Lord Beaverbrook Rink to meet the safety code standards.
Motion:
RESOLVED that Common Council direct the City Manager to prepare a report to update Council on the costs
to complete the installation of the safety railing at the Lord Beaverbrook Rink and if any other improvements
could be implemented at no additional costs.
Respectfully Submitted,
(Received via email)
John MacKenzie
Councillor Ward 2
City of Saint John
lr _
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
101
FI i T JrA.Il
Received Date August 28, 2017
Meeting Date September 05, 2017
Open or Closed Open Session
His Worship Don Darling and
Members of Common Council
Your Worship and Councillors:
Subject: West Side splash pad
Background:
Motion:
That the City of SJ apply for the outstanding balance of the West Side splash pad project, on behalf of the
Carleton Community Centre Splash Pad Committee, and that staff be directed to send the application and
supporting documents as soon as possible to ACOA.
Respectfully Submitted,
(Received via email)
Gerry Lowe
Councillor, Ward 3
City of Saint John
GI -I -
SAINT JOHN
P.O. Box 1971 Saint John, NB Canada E2L 4L1 j www.saintjohn.ca I C.P. 1971 Saint John, N. -B, Canada E2L 4L1
102
Received Date August 30, 2017
Meeting Date September 05, 2017
Open or Closed Open Session
His Worship Don Darling and
Members of Common Council
Your Worship and Councillors:
Subject: Support for Private Member's Bill C-323
Background:
In the thirty years between 1970 and 2000, Canada lost more than 20% of its historic building stock.
The impact was wide spread but the loss among income-producing properties was the greatest: 33%
of commercial and 26% of industrial buildings were lost. Other countries, most notably including the
United States, had the same experience and responded successfully with tax incentives. The U.S.
government refers to its tax credit as the most effective federal program to promote urban and
rural revitalization, and encourage private investment in rehabilitating historic buildings.
In its Agency Act, Parks Canada has responsibility for historic places in Canada. Parks Canada itself
reports to the Minister of the Environment, who has a vested interest in keeping heritage buildings
out of the landfill as part of the fight against climate change.
A federal rehabilitation tax incentive like the one recently proposed (Bill C-323) is a proven way to
attract private and corporate investment to privately -owned historic places, and give older buildings
vibrant new uses.
Motion:
That Saint John Common Council express its support for Private Member's Bill C-323 — An Act to
create tax incentives for the rehabilitation of Historic Property.
Respectfully Submitted,
(Received via email)
Donna Reardon
Councillor, Ward 3
City of Saint John
lr _
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
103
ON
• Provide Common Council with an update of the City's
Financial Position and Projected Budget Shortfall;
• Provide a High Level 10 Year Outlook;
• Recommended Next Steps;
105
n6!4--
SAINT JOHN
Saint John takes a strategic approach to financial management that is
equitable, balanced, and efficient. Decision making is in line with our
strategic plans to ensure our financial sustainability.
Financial Health
• Develop long-term sustainable financial plans and budgets that align
capital investment and fiscal capacity with service objectives.
• Investigate options to allocate water costs among ratepayers.
• Report on performance metrics to show effective service delivery and
good fiscal management.
Innovation and Improvement
• Advance a culture of continuous improvement to drive operational
efficiencies.
• Leverage opportunities to generate alternative revenue sources.
106 �+
SAINT JOHN
• Based on the current economic landscape, the City can no longer hold the tax rate
and maintain existing services and infrastructure;
• Projected 2018 Budget Shortfall currently $4.4M — 6.7 Cents on the Tax Rate;
• Balancing the budget will require service cuts, a tax increase, or a combination of
both;
• Long Term Financial Outlook for Saint John — risk of significant tax rate increases
next 10 years;
• Putting the City on a Sustainable Path requires a dramatic shift in how the City
does business;
• Opportunity for the City to undergo a strategic and foundational process that
focuses on developing long term financial stability for the City;
107
n6!4----
SAINT JOHN
r
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Change in Population
70,063 67,575
1 08011 2016
m
DRAMATIC SLOWING IN REVENUE LAST 5 YEARS
4. " I ff",
114111
Change in Property Taxes/Grant
8.00%
6.98%
7.00%
6.54%
6.00%
t 't�
'
5.00%
.53%
.36%
Break Even
{
4.00%
4.14%
t:
3.00%
3.22% 2.55%
'Y
0
2 .00%
1.45%
1.00%
3 % o
%*'�
�-
0.00%
2007
2008 2009 2010 2011 2012 2013 2014 2015 2016
2017
:A. -4 7
4
'
All
4. " I ff",
114111
Own Sources
$121525,989
8%
Provincial Grant.
$20,225,932
13%
? INSTEM-11 11e
Previous Year
Surplus
$416,472
0%
Data Source: 2017 General Fund Operation Budget
7
110
)epends on
Growth
Property Tax
$1201853,074
79
SAINT JOHN
• Equalization Grants 2006-2017 & Projected $3M Reduction
in 2018
$22,000,000.00
$21,000,000.00
$20,000,000.00
$19,000,000.00
$18,000,000.00
EQUALIZATION GRANT
$17,000,000.00
$16,000,000.00
W W
W
W
W
W
W
$15,000,000.00
W
:3
W
:3
W
:)
W
:)
W W
:) m
W
WW
W
W
W
W
W
W W
W W
w
w
=
=
= =
O
O
O
O
O -4
N
N
N
N
N N
111
--s EQUALIZATION GRANT
SAINT JOHN
W W
W
W
W
W
W
W W
W
W
W
W
W
W W
W
W
W
W
W
N M
V1
w
r�
w
N N
N
N
N
N
N
111
--s EQUALIZATION GRANT
SAINT JOHN
0
2017 General Operating Budget
$154.02M
$33.4M
22%
L-Jm
Limited Flexibility in Operating Budget
112
Salaries & Benefits
■ Principal & Interest
Special Pension & LTD
ABC's & Grants
Operating Expenses
■ SNB Assessment
Capital from Operating
PILT Adjustment
n6!4----
SAINT JOHN
Compare Saint John 2017 tax rates and water/sewer charges to other municipalities
$2.0
$1.8
$1.6
$1.4
$1.2
$1.0
$0.8
$0.6
$0.4
$0.2
2017 Tax Rates
?1.421 $1.37 $1.28
$1,400
$1,200
$1,000
$800
$600
$400
$200
2017 Water and Sewer Average
Annual Charges
0,
�\�� fie,
6 A
�a
* Grandbay Westfield does not provide water services
11$270 represents sewer charges only
n6!4----
SAINT JOHN
• Wages, Benefits and Special Pension Funding Projected to
Exceed $90M in 2018 (approximately 60% of the Operating
Budget)
Wages & Benefits including LTD
and Pension (Budget)
100,000,000
90,000,000
80,000,000
70,000,000
60,000,000
50,000,000
40,000,000
30,000,000
20,000,000
10,000,000
1�0`0 '�Ob '�" 1�1'11 ti��� '-�"o '-�"b
Wages & Benefits
including LTD and
Pension (Budget)
60.0%
71 (Fire)
IFA (Police)
86 (Inside)
8 (Outside)
4anagement
PI Impact
114 Y,
SAINT JOHN
12
Salary & Benefit allocations by Services (%)
Transportation
Public Safety Services
Corporate services
■ Growth & Community Development services
Finance & Administrative services
115
SAINT JOHN
[1061
••i1
Leo •i�
•� e
� J
• M
•i lj
• K
•
City of Saint John Permanent Establishment
(Includes City, SJ Water, Fire and Police)
2668 2669 2616 2611 2612 2613 2614 2615 2616 2617
The City's total establishment
(including Police) has declined
8.3% from its peak of 891
employees in 2008 to 817 in
2017.
Total Establishment
116 �+
Page SAINT JOHN
4 r)
Long Term Debt
$250,000,000
$75M in Long Term Debt In Years 2008-2012 $205,911,000
$200,000,000
$150,000,000
$100,000,000 _ -
�9h n,41 nnn
$50,000,000
2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016
14 117 ON--
SAINT JOHN
RV Anderson State of Infrastructure Report
Infrastructure Deficit - $371M
2.3 Billion Replacement Cost
$5.41"
• 1,246 Lane km Roads
350 Vehicles
75 Buildings
• 69 Water/Wastewater Facilities
• 567 km Water Distribution Pipes
• 340 km Sanitary Sewer Pipes
• 65 km Combined Sewer Pipes
• 63 Parks/Land Improvement
• 850 Machinery & Equipment
• 56 Transit Buses
$1381"
$64.1M
Saint John Water
■ Growth & Community
Development
■ Public Safety
■ Transportation &
Environment
■ Corporate, Finance &
Administrative
43% of Assets - Fair to Very Poor Condition
Very Poor
118
Poor
3%
rai
21',
Good
19%
Very Good
38%
HUM 1CM3N
5p a�a oaa a�a 1p y �
a� ti ti ti ti ti ti ti ti 111>1
y�c
Time Period
16 119 MOT
.
SAINT JOHN
$6,000,000
$5,000,000
$4,000,000
$3,000,000
$2,000,000
$1,000,000
§1
Asphalt & Road Maintenance
2013 2014 2015 2016
17 120
Borrow $4M per Year over 10
Years
Saving or
$11M in
$60,000,000 Interest
$50,000,000 - ZZ
$40,000,000
$30,000,000
$20,000,000
$10,000,000
a
Pay as you Go
Borrow to Fund
%r
SAINT JOHN
CONCLUSIONS
• Results Need to Be Interpreted Cautiously —Significant
Work to be Done to Improve Data — (30-40% Confidence
Leve 1);
• Current Asset Inventory of $2.3 Billion Dollars with a $371
Million Infrastructure Deficit (beyond useful life).
Estimated $588M of Replacement Costs in the next 10
Yea rs;
• At a high-level, the City is underfunding its infrastructure
assets (44% funding ratio);
• The City's infrastructure scores a "C" and is in a "Fair"
condition. Infrastructure requires attention — it is
approaching the "cliff" and requires corrective action.
Tipping Point Ahead
18 121+--
SAINT JOHN
What's happening now...
Nancy .L.Upla"Nanry
WMn your ebgvfsaink ahn provides inion YOul actions =
il� civic pridr comm to mind. Ccngratz CdondarlirmfiJ �� •.:x
ftcouncu.+rCilyarFirsts
a Luke Tudor �Rad.
�� f —� PE11I11511U'.:-1
May 14. 2017 � f7a•d1EFwYL7'LW e�y::
�-larbour Passage is an kxredible asset,
bringing It all the way around the peninsula
and up to Rockwood Park would make it even
defier
JM �
y
.........
+_
O'.w axr+taorawe c,:- Le.._
addu�.rfl.rry �. . site r • e'
+n.
iLrwiNPkIM-I3.— 4 r c. �r 1 f}
*P %A
Y '•�
. i Y *VWM E4M MWMI4GYktk
40Ht" -`
!!�' �AiL� r• Ilii ._ ..
IMMEMEME
122
HUM J[1HN
20
2018 Budget Outlook 0.5% Growth Assessment Reductions
2017 Budget 2018 Budget Variance
Property Taxes
$120,853,074
$120,853,074
-
Unconditional Grant
$20,225,932
$17,205,932
-$3,020,000
Other Revenue
$12,525,989
$11,983,904
-$542,085
Previous Year Surplus
$416,472
$1,338,515
$922,043
$154,021,467
$151,381,425
-$2,640,042
Wages & Benefits
$88,843,677
$90,981,656
-$2,137,979
Operating Expenses
$48,728,003
$48,185,213
$542,790
Fiscal Charges
$16,449,787
$16,709,579
-$259,792
$154,021,467
$155,876,448
-$1,854,981
Shortfall
-
-$4,495,023
2018 Budget 2018 Budqet
$604,265
$604,265
$604,265
-$610,470
-$610,470
-$610,470
------------------------------------------------------------------------------------------------------------------,
Tax Rate 6.7 Cen is
Shortfall Represents 6.7 cents on the Tax Rate
123
Assessment
Increase offset
by Assessment
Reductions
SAINT JOHN
• 0.5% Assessment Base Growth 2018
• Scenarios of 1%-4% Assessment Base Growth 2019 & Beyond
• $3M Permanent Loss in the Unconditional Grant
• No Further Loss in Population or Unconditional Grant
• Fund Infrastructure Deficit over 50 Years;
• Capital Budget Increase 3% Annually for 50 Years
• Funded Through Operating Budget (Reserves & Capital from Operating)
• Special Pension Payments up to 2028
• Wages and Benefits increase 2.6% per year
• Status Quo Service Model with No Further Enhancements
124 �+
SAINT JOHN
$2.200
$2.100
$2.000
$1.900
$1.800
$1.700
$1.600
22
Tax Rate - 1% Growth 2019-2028
2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028
125
1% Growth
SAINT JOHN
$2.200
$2.100
$2.000
$1.900
a)
ru $1.800
oc
x
$1.700
$1.600
$1.500
$1.400
2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028
1% Growth 2% Growth
126
3% Growth 4% Growth
SAINT JOHN
Citizen Perspective
Reduce Services
to Maintain Tax
Level, 28%-\
Increase Tai
Reduce Services
to Reduce
Taxes, 19%
None of these/
Don't Know,
15%
:rease Taxes
to Maintain to Expand
Services, 20% Services, 20%
Source: 2016 Citizen survey conducted by IPSOS
127
SAIN1 JOHN
OPTION 1: Continue Down The Same Path
• Address shortfalls through the annual budget processes ($3 to $5 million per year).
• Continuous cycle of service reviews and expenditure reductions
• Death by a thousand painful and continuous cuts... both unsustainable and demoralizing.
OPTION 2: Major Cuts in 2018
• Dramatic and severe reductions to the 2018 budget (goods, services and people).
• Potential $10 - $15 million immediate impact (i.e., "we rip the Bond -Aid off').
• Major sudden impacts to citizen services, employee morale, and our City's overall brand / reputation.
OPTION 3: Balance 2018 and Mobilize Resources to fix the Long Term Financial issues
through a Long Term Financial Strategy
• Strategic approach to expenditure reductions and new revenue growth based on service levels
• Rationalize Infrastructure based on service levels through the Asset Management Process
• Implement new service delivery and workforce management models that the City can afford.
• Short-term pain based on a well-defined and disciplined long-term sustainability vision and plan.
128
SAINT JOHN
Get through
immediate
challenge to create
breathing room to
make sustainable
reforms
SUSTAINABILITY
Carry out short
term recovery plan
while developing
and implementing
long term strategies
129
Institutionalize Long
Term Financial Plan
& Policies, to
become not only
sustainable but
resilient �r
SAINT JOHN
Long-term financial planning is the process of aligning financial capacity with long-term
service objectives
LTFP is a financial roadmap toward sustainability
Corporate Plans
Recd - �`Gi?2S� N%✓eS1
Neighborhood Plan Growth Plan
I I
Annual Operating &
Capital Budgets
130
SAINT JOHN
Current environment:
Low
Revenue
Growth
Significant
Infrastructure
Deficit
• The Financial Plan will enable the City to:
• Make decisions about service affordability
Increasing by defining service levels and related costs
Cost over a multi-year period
Pressures
• Provide the taxpayers a clearer link between
financial resources and affordable services
Low Assessment
Base Growth
Challenging
Economic
Environment
• Rapidly evaluate the long term impacts of
today's decisions
• Take mitigating action in advance, rather
than adjusting tax rates or reducing services
annually
• Set aside adequate reserves for needed
capital renewal costs and growth
investments
131
SAINT JOHN
29
• At the end of the project, the City will have an actionable
strategy to:
• Achieve Financial Sustainability by enabling the City to
anticipate and prepare for financial shocks to insulate
taxpayers from unexpected tax increases or cuts to service.
• Increase Financial Flexibility by setting aside adequate
reserves for needed capital renewal costs and growth
investments.
• Reduce Financial Vulnerability by reducing reliance on
sources of funding outside the City's influence.
132
SAINT JOHN
• Direct the Finance Committee to Bring Back a
Recommended Balanced 2018 Operating Budget for
Common Council Consideration;
• Common
Council endorse taking a
Long
Term Financial
Strategic
Approach to address the
City's
Financial
Challenges;
• Mobilize Resources to fix the Long Term Financial issues
through a Strategic Long Term Financial Plan process
starting in 2018;
30 133 �+
SAINT JOHN
COUNCIL REPORT
M&C No.
2017-224
Report Date
August 28, 2017
Meeting Date
September 05, 2017
Service Area
Growth and Community
Development Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Demolition of vacant, dilapidated and dangerous building at 192
Waterloo Street (PID#13565)
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Rachel Van Wart
A Poffenroth /J Hamilton
Jeff Trail
RECOMMENDATION
Your City Manager recommends that Common Council direct one or more of the
Officers appointed and designated by Council for the enforcement of the Saint
John Unsightly Premises and Dangerous Buildings and Structures By-law, to
arrange for the demolition of the building at 192 Waterloo Street (PID#13565), in
accordance with the applicable City purchasing policies.
EXECUTIVE SUMMARY
The purpose of this report is to advise Council that a Notice to Comply was
issued under Section 190 of the Municipalities Act for the building at 192
Waterloo Street. The hazardous conditions outlined in the Notice have not been
remedied by the owner within the required time frame and staff is looking for
authorization from Council to arrange the demolition of the building.
PREVIOUS RESOLUTION
N/A
STRATEGIC ALIGNMENT
Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and
Structures By-law aligns with Council's Vibrant, Safe City priority.
134
sa
REPORT
Inspections of the property at 192 Waterloo Street, PID# 13565, have revealed
that there is one building on the premise; a three-storey, three -unit apartment
building. Staff first became aware of the property's vacancy in July 2013 and
began standard enforcement procedures. The property is located in the City's
South Central Peninsula Waterloo Village in an urban centre residential zone.
The building is a hazard to the safety of the public by reason of being vacant, by
reason of dilapidation and by reason of unsoundness of structural strength.
For the reasons described in the attached Inspection Report, a Notice to Comply
was issued on July 26, 2017 and was posted to the front entrance of the building
on July 27, 2017. The Certificate Regarding Title for the building lists two
individuals as the registered owners. The Notice provided the owners with 30
days to remedy the conditions at the property. During this time no appeal was
formally requested.
A compliance inspection was conducted on August 28, 2017 which revealed that
the conditions which gave rise to the Notice have not changed since the Notice
was issued.
Attached for Council's reference is the Notice to Comply that was issued and the
affidavits attesting to service on the owners. Also included are photographs of
the building. The Municipalities Act indicates that where a Notice to Comply has
been issued arising from a condition where a building has become a hazard to
the safety of the public by reason of dilapidation or unsoundness of structural
strength, the municipality may cause the building to be demolished. As required
in the Act a report from an engineer is attached, forming part of the issued
Notice to Comply, and provides the evidence to the building's vacancy,
dilapidation, unsoundness of structural strength and resulting hazard to the
safety of the public. A copy of the letter advising of the Common Council Hearing
date and affidavit is attached; it was posted to the front of the building on
August 14, 2017 and sent to the owners via process server and sent to
encumbrances via registered mail.
SERVICE AND FINANCIAL OUTCOMES
As is written in the Municipalities Act that a municipality must commence in the
proceedings of remedial action, approval of Common Council is required prior to
starting demolition activities at this property. Cost of the demolition work is
approximated at $15,000 to $20,000 and will take about 4-6 weeks before it is
complete. Staff will seek competitive bidding in accordance with the City's
purchasing policy and the cost of the work will be billed to the property owners.
If the bill is left unpaid, it will be submitted to the Province with a request for
reimbursement.
135
-3 -
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The City Solicitor's Office provided ownership verification by obtaining the
Certificate Regarding Title for the property. Additionally, the City Solicitor's
Office registered the Notice to Comply with Service New Brunswick's Land
Registry.
ATTACHMENTS
Notice to Comply and Inspection Report
Affidavit of Service - Notice to Comply
Affidavit of Service - Notice to Comply
Affidavit of Posting - Notice of Common Council Hearing Letter
Photos
136
FORM 1
NOTICE TO COMPLY
(Municipalities Act, R.S.N.B. 1973,
c.M-22, s.190.01(3))
Parcel Identifier: 13565
Address: 192 Waterloo Street, Saint John,
New Brunswick
Owner(s) or Occupier(s):
Name: Ruttan, Daniel Charles
FORMULE 1
AVIS DE CONFORMITE
(Loi sur les municipalites, L.R.N.-B. de 1973,
ch. M-22, par. 190.01(3))
Num6ro d'identification de la parcelle : 13565
Adresse : 192, rue Waterloo, Saint John, Nouveau -
Brunswick
Proprietaire(s) ou occupant(s) :
Nom : Ruttan, Daniel Charles
Address: 2-41 Frink Street, Saint John, New Adresse: 2-41, rue Frink, Saint John, Nouveau -
Brunswick, E2K 2Z1 Brunswick, E2K 2Z1
Name: Whittaker, Barbara Anne
Nom : Whittaker, Barbara Anne
Address: 2-41 Frink Street, Saint John, New Adresse: 2-41, rue Frink, Saint John, Nouveau -
Brunswick, E2K 2Z1 Brunswick, E2K 2Z1
Municipality issuing notice: City of Saint John
By-law contravened: Saint John Unsightly Premises
and Dangerous Buildings and Structures By -Law, By-
law Number M-30 and amendments thereto (the "By-
law").
Provision(s) contravened: Paragraphs 190.01(1),
190.01(1.1) and 190.01(2) of the Municipalities Act, and
amendments thereto.
Description of condition(s): The premise is unsightly
by permitting junk, rubbish, refuse and a dilapidated
building to remain on the premise. The building has
become a hazard to the safety of the public by reason of
being vacant or unoccupied and has become a hazard to
the safety of the public by reason of dilapidation and by
reason of unsoundness of structural strength. The
conditions of the building and premise are described in
Schedule "A", a true copy of the inspection report dated
July 26, 2017 prepared by Rachel Van Wart, EIT, By-
law Enforcement Officer, reviewed and concurred in by
Amy Poffenroth, P. Eng., By-law Enforcement Officer.
Remedy or remedies required: The owner is to
remedy the conditions by complying with the required
remedial actions of the aforementioned inspection report
and bring the building and premises into compliance
with the aforesaid By-law.
In the event that the owner does not remedy the
condition of the building and premises in the time
prescribed by this Notice to Comply, the building may
be demolished as the corrective action to address the
hazard to the safety of the public and the premises may
be cleaned up.
In the event of demolition, all debris and items on the
premises will be disposed of as the corrective action to
137
Municipalite signifiant Pavis : City of Saint John
Arrete enfreint : Arrete relatif aux lieux inesthetiques
et aux bntiments et constructions dangereux de Saint
John, Arrete num6ro M-30, ainsi que ses
modifications ci-afferentes (1' « Arrete »).
Disposition(s) enfreinte(s) . Les paragraphes
190.01(1), 190.01(1.1) et paragraphe 190.01(2) de la
Loi sur les municipalites, ainsi que les modifications
afferentes.
Description de la (des) condition(s) : Les lieux sont
inesth6tiques en permettant la presence de ferraille,
de d6tritus et le batiment d61abr6. Le batiment est
devenu dangereuse pour la s6curit6 du public du fait
de son inhabitation ou de son inoccupation et est
devenu dangereuse pour la s6curit6 du public du fait
de son d6labrement et du fait de manque de solidit6.
Les conditions du batiment et des lieux sont d6crites a
l'annexe « A », une copie conforme du rapport
d'inspection en date du 26 juillet 2017 et pr6par6 par
Rachel Van Wart, IS, une agente charge de
1'ex6cution des arretds municipaux, r6vis6 et en
d'accorde avec par Amy Poffenroth, ing., une agente
charg6 de 1'ex6cution des arr6t6s municipaux.
Mesure(s) a prendre : La propri6taire doit restaurer
les conditions en se conformant aux recommandations
du rapport d'inspection susmentionn6 et d'amener le
batiment et les lieux en conformit6s avec 1'Arret6.
Dans 1'6ventualite que la propri6taire ne rem6dient pas
le batiment et les lieux dans le temps prescrit par le
pr6sent avis de conformitd, le batiment pourront etre
d6molis comme mesure corrective compte tenu qu'il
repr6sente un danger pour la s6curit6 du public et les
lieux pourront etre nettoy6s.
Dans 1'6ventualit6 de d6molition, tous les debris et
autres items sur les lieux seront dispos6s comme
address the hazard to the safety of the public.
The aforementioned remedial actions relating to the
demolition of the building and the disposal of debris and
items on the premises do not include the carry -out clean-
up, site rehabilitation, restoration of land, premises or
personal property or other remedial action in order to
control or reduce, eliminate the release, alter the manner
of release or the release of any contaminant into or upon
the environment or any part of the environment.
Date by which the remedy or remedies must occur: i
a) The demolition of the building, clean-up of the
property and related remedies must be complete,
or plans and permit applications for repair
related remedies, must be submitted: within 30
days of being served with the Notice to Comply.
b) The repair related remedies must be complete
within 120 days of being served with the Notice
to Comply.
Date by which notice may be appealed: Within 14
days of being served with the Notice to Comply.
Process to appeal: The owner may within 14 days after
having been served with this Notice to Comply, send a
Notice of Appeal by registered mail to the Common
Clerk of The City of Saint John, City Hall — 8t" Floor, 15
Market Square, Saint John, New Brunswick, E21, 4L1.
Potential penalty for non-compliance within
specified time:2 Paragraph 190.03(1) of the
Municipalities Act states that a person who fails to
comply with the terms of the Notice to Comply given
under Section 190.011 of the said Act, commits an
offence that is punishable under Part II of the Provincial
Offences Procedure Act as a category F offence.
Where an offence under paragraph 190.03(1) continues
for more than one day, the minimum fine that may be
imposed is the minimum fine set by the Provincial
Offences. Procedure Act for a category F offence
multiplied by the number of days during which the
offence continues pursuant to subparagraph
190.03(1.2)(b)(i).
Municipality's authority to undertake repairs or
remedy:; Subparagraphs 190.04(1)(a), 190.04(1)(a.1)
and 190.04(1)(b) of the Municipalities Act states that if
a Notice to Comply has been given under section
190.011 of the said Act and that an owner or occupier
does not comply with the Notice to Comply, as deemed
confirmed or as confirmed or modified by a committee
of council or a judge under section 190.021 of the said
Act, within the time set out in the Notice to Comply, the
municipality may, cause the premises of that owner or
138
mesure corrective dans le but de remedier le danger
pour la securite du public.
Les mesures correctives susmentionnees relativement
A la demolition du batiment et la disposition des debris
et autres items sur les lieux ne comprennent pas le
nettoyage, la remise en etat des lieux, des terrains ou
des biens personnels ou toute autre mesure corrective
dans le but de controler on de reduire, d'eliminer le
deversement, de modifier le mode de deversement ou
le deversement d'un polluant dans ou sur
1'environnement ou toute partie de l'environnement.
Date i laquelle la on les mesures doivent etre
prisesi :
a) La demolition du batiment et le nettoyage des
lieux doivent etre completees, ou a laquelle
les plans et demande de permis pour les
mesures des reparations, doivent etre
soumises, dans les 30 jours qui suivent la
signification de 1'avis de conformite.
b) Les reparations reliees aux mesures doivent
etre completees dans les 120 jours qui suivent
la signification de ('avis de conformite.
Date i laquelle un appel de Pavis peut etre depose:
Dans les 14 jours qui suivent la notification de 1'avis
de conformite.
Processus d'appel : La proprietaire peux dans les 14
jours qui suivent la notification de l'avis de
conformite, envoye un avis d'appel par courrier
recommande a la greffiere communale de la
municipalite, a The City of Saint John, Edifice de
1'h6tel de ville, 8e etage, 15 Market Square, Saint
John, Nouveau -Brunswick, E21, 4L1.
Penalite possible pour non-conformite dans le delai
prescrit2 : Le paragraphe 190.03(1) de la Loi sur les
municipalites prevoit quiconque omet de se conformer
aux exigences formulees dans un avis de conformite
notifie aux ten -nes de Particle 190.011 de ladite loi,
commet une infraction qui est punissable en vertu de
la Partie II de la Loi sur la procedure applicable aux
infractions provinciales a titre d'infraction de la Glasse
F.
Lorsqu'une infraction prevue au paragraphe 190.03(1)
se poursuit pendant plus d'une joum6e, l'amende
minimale qui peut etre imposee est 1'amende
minimale prevue par la Loi stir la procedure
applicable aux infractions provinciales pour une
infraction de la classe F multipliee par le nombre de
jours pendant lesquels l'infraction se poursuit
conformement a 1'alinea 190.03(1.2)(b)(i).
Pouvoir de la municipalite d'entreprendre les
reparations on de prendre les mesures :
Conformement aux alineas 190.04(1)(a),
190.04(1)(a.1) et 190.04(1)(b) de la Loi sur les
municipalites, si un avis de conformite a ete signifie
aux termer de Particle 190.011 de ladite loi et, que le
proprietaire ou I'occupant ne se conforme pas a cet
avis de conformite dans le delai imparti et tel qu'il est
repute confirme ou tel qu'il est confirme ou modifie
par un comite du conseil ou par un juge en vertu de
occupier to be cleaned up or repaired, or cause the
building of that owner or occupier to be repaired or
demolished, and the cost of carrying out such work,
including any related charge or fee, is chargeable to the
owner or occupier and becomes a debt due to the
municipality.
41-
Dated
hDated at Saint John thea day of July, 2017
Municipality: The City of Saint John
Signature of Municipal Officer:
Municipal Officer's Contact information
Name: Rachel Van Wart, EIT
Mailing address:
Growth and Community Development Services
The City of Saint John
15 Market Square
City Hall Building, 10`x' Floor
P. O. Box 1971
Saint John; New Brunswick
E2L 4L 1
Telephone: (506) 658-2911
Telecopier: (506) 632-6199
Email: rachel.vanwartAsaintjohn.ca
Seal of municipality
Notes:
1. All appropriate permits must be obtained and all relevant
legislation must be complied with in the course of carrying out the
required remedial action.
2. Payment of the fine does not alleviate the obligation to comply
with the by-law, standard or notice to comply.
3. Costs become a debt due to the municipality and may be added to
the joint municipal and provincial Real Property Assessment and Tax
Notice.
139
]'article 190.021 de ladite loi, la municipalit6 peut
faire nettoyer ou r6parer les lieux de ce propri6taire ou
de cet occupant ou de faire r6parer on d6molir la
propri6t6 de ce propri6taire ou de cet occupant, et les
frais relatifs A 1'ex6cution de ces travaux, y compris
toute redevance ou tout droit aff6rent, sont a la charge
du propri6taire ou de ]'occupant et deviennent une
cr6ance de la municipalit6.
Fait a Saint John le _ juillet, 2017.
Municipality: The City of Saint John
Signature de la repr6sentante municipale:
Coordonn6es de la repr6sentante municipale :
Nom: Rachel Van Wart, IS
Adresse postale:
Service de la Croissance et du D6veloppement
Communautaire
The City of Saint John
15 Market Square
Edifice de 1'h6tel de ville, l0e dtage
Case postale 1971
Saint John (Nouveau -Brunswick)
E2L 4L1
T616phone : (506) 658-2911
T616copieur : (506) 632-6199
Courriel: rachel.vanwartAsaintiohn.ca
Sceau de la municipalit6
Notes :
1. Tous les permis prescrits doivent etre obtenus et toute la
legislation pertinente doit etre respectde, pendant 1'ex6cution de la
mesure de recours.
2. Le paiement de 1'amende n'annule pas ]'obligation de respecter
1'arretd, la norme ou ]'avis de conformit6.
3. Les co-ats deviennent une dette envers la municipalit6 et peuvent
We ajoutds a ]'avis d'dvaluation et d'imp6t foncier municipal et
provincial.
INSPECTION REPORT
Schedule "A"
192 Waterloo Street
Saint John, New Brunswick
PID# 13565
Inspection Date: July 4, 2017
Inspection Conducted by: Rachel Van Wart, EIT
Introduction
thereby certify that this
document is a true copy of tW
original.
Dated at Saint John,
this-2i2::t day of
2p
`t'' -girds Officer
Inspections of the property at 192 Waterloo Street, PID# 13565, have revealed that there
is one building on the premise (the "Building"); a three-storey, three -unit apartment
building. Staff first became aware of the property's vacancy in July 2013 and began
standard enforcement procedures. The property is located in the City's South Central
Peninsula Waterloo Village in an urban centre residential zone. The Building is a hazard
to the safety of the public by reason of being vacant, by reason of dilapidation and by
reason of unsoundness of structural strength.
Discussion
The Building is not in compliance with the Saint John Unsightly Premises and
Dangerous Buildings and Structures By-law, By-law Number M-30, and amendments
thereto (the `By-law").
Unsightly Premise Conditions
Subsection 190.01(1) of the Municipalities Act states:
No person shall permit premises owned or occupied by him or her to be
unsightly by permitting to remain on any part of such premises
(a) any ashes, junk, rubbish or refuse;
(b) an accumulation of wood shavings, paper, sawdust or other residue of
production or construction;
(c) a derelict vehicle, equipment, machinery or the body of any part of a
vehicle equipment or machinery, or
(d) a dilapidated building.
1. There is an accumulation of junk, rubbish, and refuse on the property. These
items include, but are not limited to; broken glass, plywood, vinyl siding, rusted
metal, fallen roof shingles and other various loose and bagged garbage. The
aforementioned accumulation of junk, rubbish, and refuse is unsightly.
2. The Building is dilapidated. The Building's exterior cladding consists of vinyl
siding with a brick foundation. The parging on the brick foundation is cracked,
loose and has fallen. The bricks are broken, cracked and missing, with a hole in
the foundation approximately 1x2 ft. in size. The front entrance steps to the
Building are sloping. The flashing on the front step canopy is rusted. The rear ell
wall of the Building is rotten where the rear deck was removed. There is a
dilapidated wooden garbage enclosure in the rear yard. The fascia of the Building
is rotten. There is a hole in the roof that has been covered with a piece of
plywood. The rear ell is out of plumb and leaning towards the adjacent property.
There are numerous pieces of broken glass scattered throughout the rear yard.
140
Vacant and Unoccupied
Subsection 190-01(l .1) of the Municipalities Act states:
No person shall permit a building or structure owned or occupied by him
or her to become a hazard to the safety of the public by reason of being
vacant or unoccupied.
The Building is a hazard to the safety of the public by reason of being vacant or
unoccupied for the following reasons:
1. Buildings that are in a dilapidated condition can attract vandalism, arson, or
criminal activity as well as devalue properties in the area and pose a hazard to
the safety of the public in the surrounding area. The City of Saint John
Finance department confirmed that the water has been turned off since July
2013. Saint John Energy confirmed that the power has been disconnected
since August 2013.
2. There is a higher risk of a fire event occurring at the property since it is known
to the public that the Building is vacant. The property is adjacent to a four -unit
apartment building at 196 Waterloo Street and two -unit building located at
190 Waterloo Street. If a fire event were to occur within the Building, it could
spread to neighboring properties which would cause significant damage to the
buildings and endanger the lives of the occupants. This hazard is also
amplified due to the amount of pedestrian traffic and population density in the
area.
3. There is a concern for emergency personnel safety in the event of an
emergency. If firefighters suspect there may be people inside the Building, it
would be reasonable to expect they may be required to enter it. The condition
of the interior is not known to firefighters which pose a hazard to their safety
and others who may be inside in the event of a fire. Other emergency
personnel that may be required to respond to a call would be at risk to injury if
required to enter the Building. The July 4, 2017 interior inspection found
numerous amounts of construction materials and household items strewn
throughout the inside of the Building. These items and hazards could restrict
movement of emergency personnel should they need to gain entry. In addition,
the rear exit from the second storey has been removed, which restricts exiting
during an emergency situation.
Dilapidated Building Conditions
Subsection 190.01(2) of the Municipalities Act states
No person shall permit a building or structure owned or occupied by him
or her to become a hazard to the safety of the public by reason of
dilapidation or unsoundness of structural strength.
The Building is a hazard to the safety of the public by reason of dilapidation for the
following reasons:
1. Exterior Conditions:
The parging on the brick foundation is cracked, loose and has fallen. The
bricks are broken, cracked and missing, with a hole in the foundation
approximately 1x2 ft. in size. The brick foundation of the Building may no
longer be providing adequate support to the structure and if it deteriorates
further, could lead to areas of structural failure. The hole in the foundation
also allows for an access point for animals that may take shelter in the
Building. Animals can cause further destruction and deterioration to Buildings
in addition to depositing hazardous waste by way of feces.
141
The front entrance steps to the Building are sloping and pose a hazard as they
could cause personal injury through tripping or failure under live load.
The rear ell is out of plumb and leaning towards the adjacent property which
indicates structural unsoundness. In addition, the rear wall of the Building is
rotten where the rear deck was removed. The wooden members exposed to the
elements will accelerate deterioration and amplify the sloping.
The fascia of the Building is rotten and could cause personal injury if pieces
continue to deteriorate and fall off the Building.
There are numerous pieces of broken glass scattered throughout the rear yard
that could cause personal harm or injury to those who may enter upon the
property.
2. Interior Conditions:
The main floor unit is gutted with exposed lathe walls. The ceiling is missing
drywall and has exposed vapour barrier. On the main floor of the Building
there is a layer of dirt, including animal feces, insulation, broken plaster,
discarded household items and other scattered loose garbage. A portion of
flooring on the main floor of the Building is covered in carpet, concealing
uneven floor which poses a tripping hazard.
The rear ell of the Building is visibly sloping with horizontal members sloping
to the left. Other wooden members visible on the main floor of the rear ell
show signs of water damage, some with white mould growth. The damage to
the structure as a result of dilapidation impacts the soundness of the structure.
Black mould, rot and water damage is present in the real ell on the main floor.
There is also mould and fungi growth on the second storey. Water damage,
mould and fungi all pose a respiratory hazard for those who may enter the
Building.
The ceiling drywall and vapor barrier is torn and hanging from the ceiling in
numerous locations. The hanging debris is a hazard to anyone who may enter
the Building.
Structurally Unsound Building Conditions
Subsection 190.01(2) of the Municipalities Act states
No person shall permit a building or structure owned or occupied by him
or her to become a hazard to the safety of the public by reason of
dilapidation or unsoundness of structural strength.
The Building is a hazard to the safety of the public by reason of unsoundness of structural
strength for the following reasons:
1. The front foundation brick wall has failed. There is a hole in the wall
approximately 1 by 2 feet in size. It is apparent that repairs to the brick wall have
been attempted with a portion of the wall under the front entrance deck
constructed with randomly placed bricks, stones and mortar. The opening allows
access to the basement where wooden structural members appear to be rotten. The
brick foundation of the Building may no longer be providing adequate support to
the structure and if it deteriorates further, could lead to additional areas of
structural failure.
2. The interior inspection revealed sloping floors in the Building. The rear ell of the
Building is sloping towards the adjacent neighbouring building, with the ell wall
bulging towards the neighbouring property. Horizontal sloping members on the
142
interior of the Building indicate significant movement in the structural
components of the Building.
Required Remedial Actions
The owner must comply with one of the two options stated below:
Option 1: Remedy the conditions of the Building through all repair and remedial actions
as follows:
1. The Building must be completely repaired to remedy the above mentioned
hazards to public safety while meeting the requirements of the National Building
Code of Canada (2010) as well as all other applicable by-laws.
2. The Building must be maintained, kept secure, and monitored on a routine basis
while the property remains vacant or unoccupied.
3. A detailed plan must be submitted to the Growth and Community Development
Services Department of the City of Saint John (the "Department") for review and
approval. The plan should also include a schedule for the work that is to be
carried out. The repaired Building must meet the National Building Code of
Canada (2010) as well as other applicable codes.
4. The detailed plan, including schedules and any engineering reports, must be
approved by the Department prior to commencing repair work.
5. A building permit must be obtained for any and all applicable work prior to
commencing said work from the City of Saint John in order to comply with the
Saint John Building By-law, By-law Number C.P. 102 and amendments thereto
(the "Saint John Building By-law").
6. The premise must be cleared of all debris found on the property, including any
and all rubbish that may be considered hazardous or unsightly. The debris from
the premise must be disposed of at an approved solid waste disposal site, in
accordance with all applicable by-laws, acts and regulations. Documented proof,
that clearly demonstrates an approved solid waste disposal site was used for the
disposal of debris, must be provided to the Department. The premise must comply
with all applicable By-laws, Acts, Codes and Regulations.
Option 2: Demolition of the Building and cleanup of all debris on the premise by
complying with all the remedial actions as follows:
1. The Building must be demolished to remove the hazard to the safety of the public
by reason of dilapidation and by reason of being vacant or unoccupied.
2. A demolition permit must be obtained from the City of Saint John in order to
comply with the Saint John Building By-law.
3. The premise must be cleared of the debris from the demolition and the lot must be
made reasonably level with grade so as to not create a tripping or falling hazard.
All debris must be disposed of at an approved solid waste disposal site, and in
accordance with all applicable By-laws, Acts and Regulations. Documented
proof, that clearly demonstrates an approved solid waste disposal site was used for
the disposal of debris, must be provided to the Department.
4. All debris that is currently on the premise must be removed and disposed of at an
approved solid waste disposal site, and in accordance with all applicable By-laws,
Acts and Regulations. Documented proof, that clearly demonstrates an approved
solid waste disposal site was used for the disposal of debris, must be provided to
the Department.
143
5. The property must be in compliance with all applicable By-laws, Acts and
Regulations.
Prepared by:
achel Van Wart, EIT
Technical Services Officer
Growth and Community Development Services
Reviewed by and concurred in by:
Amy PoffeMdfh, P. Eng., MBA
Building Inspector
Deputy Commissioner
Growth and Community Development Services
144
•__� I., I n l/
Date
QLk (L/�' �Z(o
ate
CANADA
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
CITY OF SAINT JOHN
AFFIDAVIT OF SERVICE
I, LL-� ` v ,,;� �- of the Community of Nerepis in the
County of Kings and Province of New Brunswick MAKE OATH AND SAY AS
FOLLOWS:
1. On the i day ofj U
1 r I �L C CL--C`I�/�; i1r�iA
2017, I served
with the following documents:
• a Notice to Comply, attached hereto as Exhibit "A";
• and a Notice of Appeal, attached hereto as Exhibit `B";
by leaving a copy :wit�him/ her at
'-, rr 'A NJ , New Brunswick.
2. I was able to identify the person served by means of the fact tha he/ she
acknowledged to me&j she was
Sworn To before me at the
City of Saint John, N.B.,
onthe day of
'' , 2017
PAMELA M H BENTLEY
COMMISSIONER OF OATHS
MY COMMISSION EXPIRES
DECEMBER 318T, 2018
145
CANADA
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
CITY OF SAINT JOHN
AFFIDAVIT OF SERVICE
1
I, c_, of the Community of Nerepis in the
County of Kings and Province of New Brunswick MAKE OATH AND SAY AS
FOLLOWS:
On the day of
�___ A r�
2017, I served
with the following documents:
• a Notice to Comply, attached hereto as Exhibit "A";
• and a Notice of Appeal, attached hereto as Exhibit "B";
by leaving a copy with him /(er t
14 ^J , New Brunswick.
2. I was able to identify the person served by means of the fact that he /
acknowledged to me he /6h was
Sworn To before me at the
City of Saint John, N.B.,
on the 3 1 day of
2017
PAMELA M H BENTLEY
COMMISSIONER OF OATHS
MY COMMISSION EXPIRES
DECEMBER 31ST, 2018
146
CANADA
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
IN THE MATTER OF THE BUILDING THAT IS LOCATED AT
SAINT JOHN, N.B. ( PID number C)M (5 )
AFFIDAVIT OF SERVICE
I, 5 tC-Ap Cif(- e y e+j-r, , of Saint John, N.B., Make Oath And Say As Follows:
1. I am employed by The City of Saint John in its Growth and Community Development
Services Department. I have personal knowledge of the matters herein deposed except
where otherwise stated.
2. On /JUGaf+ RO at approximately s , I posted a
copy of the attached Notice of Common Council Hearing Letter, marked Exhibit "A"
to the front door of the building that is located at `)L�±..Cjoc,) `j{ e-+ ,Saint
John, N.B.
Sworn To before me at the
City of Saint John, N.B.,
on the 15 day of
P�Ucws'- , 2017
13
CHRJSTOPHER D MCKIEL
COMMISSIONER OF OATHS
MY COMMISSION EXPIRES
DECEMBER 31ST, 2019 147
August 14, 2017
Case Number: 13-0460
Permitting & Inspection / Service des inspections et de 1'application
By -Law Enforcement / Service d'Application des ArrU& Municipaux
Phone / Tel: (506) 658-2911
Fax / Telec: (506) 632-6199
VIA PROCESS SERVER
Ruttan, Daniel Charles
Barbara Anne Whittaker
2-41 Frink St
Saint John, NB
E2K 2Z 1
Dear Sir/Madam:
This is Exhibit k
Referred to in the Affidavit of
Sworn efore me at the City of
Saint John, New Brunswick
the 1�_�d y of
Commissioner o at"
NOTICE OF COMMON COUNCIL HEARING
Re: Property located at 192 Waterloo St, PID # 00013565
Dangerous and Vacant Building Program
On July 27, 2017, a Notice to Comply was issued for the above mentioned property which required
remedial action to bring the building and premises into compliance with the Saint John Unsightly Premises
and Dangerous Buildings and Structures By-law. The Notice to Comply was posted to the building on July
27, 2017.
The fourteen (14) day appeal period has now expired. Therefore, a compliance inspection will be conducted
on August 28, 2017. If the property is not in compliance with the aforesaid By-law at the time of the
inspection, City Staff will be attending the Common Council meeting scheduled on September 5, 2017 at
6:00 p.m. to recommend that the building be demolished. Please be advised that at this meeting, you will
have the opportunity to present evidence to the contrary.
If you have any questions, please do not hesitate to contact me at (506) 658-2911.
Regards,
Rachel Van Wart, EIT
Technical Services Officer
Cc: Scotia Mortgage Corporation
35 Main St., Saint John, NB
/ P.O. Box 1971 C.P. 1971
Saint John, NB Saint John, NA.
Canada E2L 41 Canada EA 41
SAINT JOHN www.saintjohn.ca
148
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COUNCIL REPORT
M&C No.
2017-225
Report Date
August 28, 2017
Meeting Date
September 05, 2017
Service Area
Growth and Community
Development Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Demolition of vacant, dilapidated and dangerous building at 202
Tower Street (PID#364695)
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Rachel Van Wart
A Poffenroth /J Hamilton
Jeff Trail
RECOMMENDATION
Your City Manager recommends that Common Council direct one or more of the
Officers appointed and designated by Council for the enforcement of the Saint
John Unsightly Premises and Dangerous Buildings and Structures By-law, to
arrange for the demolition of the building at 202 Tower Street (PID#364695), in
accordance with the applicable City purchasing policies.
EXECUTIVE SUMMARY
The purpose of this report is to advise Council that a Notice to Comply was
issued under Section 190 of the Municipalities Act for the building at 202 Tower
Street. The hazardous conditions outlined in the Notice have not been remedied
by the owner within the required time frame and staff is looking for
authorization from Council to arrange the demolition of the building.
PREVIOUS RESOLUTION
N/A
STRATEGIC ALIGNMENT
Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and
Structures By-law aligns with Council's Vibrant, Safe City priority.
160
-2 -
REPORT
Inspections of the property at 202 Tower Street, PID# 364695, have revealed
that there is one building on the premise; a three-storey, three -unit apartment
building. Staff first became aware of the property's vacancy in July 2014 and
began standard enforcement procedures. The property is located in the City's
West Side in a two -unit residential zone. The building is a hazard to the safety of
the public by reason of being open, vacant, by reason of dilapidation and by
reason of unsoundness of structural strength.
For the reasons described in the attached Inspection Report, a Notice to Comply
was issued on July 27, 2017 and was posted to the front entrance of the building
on the same day. The Certificate of Registered Ownership for the building lists
one individual as the registered owner. The Notice provided the owners with 30
days to remedy the conditions at the property. During this time no appeal was
formally requested.
A compliance inspection was conducted on August 28, 2017 which revealed that
the conditions which gave rise to the Notice have not changed since the Notice
was issued.
Attached for Council's reference is the Notice to Comply that was issued and the
affidavits attesting to service on the owners. Also included are photographs of
the building. The Municipalities Act indicates that where a Notice to Comply has
been issued arising from a condition where a building has become a hazard to
the safety of the public by reason of dilapidation or unsoundness of structural
strength, the municipality may cause the building to be demolished. As required
in the Act a report from an engineer is attached, forming part of the issued
Notice to Comply, and provides the evidence to the building's vacancy,
dilapidation, unsoundness of structural strength and resulting hazard to the
safety of the public. A copy of the letter advising of the Common Council Hearing
date and affidavit is attached; it was posted to the front of the building on
August 14, 2017 and sent to the owner via process server and sent to
encumbrances via registered mail.
SERVICE AND FINANCIAL OUTCOMES
As is written in the Municipalities Act that a municipality must commence in the
proceedings of remedial action, approval of Common Council is required prior to
starting demolition activities at this property. Cost of the demolition work is
approximated at $15,000 to $20,000 and will take about 4-6 weeks before it is
complete. Staff will seek competitive bidding in accordance with the City's
purchasing policy and the cost of the work will be billed to the property owners.
If the bill is left unpaid, it will be submitted to the Province with a request for
reimbursement.
161
-3 -
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The City Solicitor's Office provided ownership verification by obtaining the
Certificate of Registered Ownership for the property. Additionally, the City
Solicitor's Office registered the Notice to Comply with Service New Brunswick's
Land Registry.
ATTACHMENTS
Notice to Comply and Inspection Report
Affidavit of Service - Notice to Comply
Affidavit of Posting - Notice of Common Council Hearing Letter
Photos
162
FORM 1
NOTICE TO COMPLY
(Municipalities Act, R.S.N.B. 1973,
c.M-22, s.190.01(3))
Parcel Identifier: 364695
Address: 202 Tower Street, Saint John,
New Brunswick
Owner(s) or Occupier(s):
Name: Sears, Eugene Douglas
FORMULE 1
AVIS DE CONFORMITE
(Loi sur les municipalites, L.R.N.-B. de 1973,
ch. M-22, par. 190.01(3))
Numero d'identification de la parcelle : 364695
Adresse : 202, rue Tower, Saint John, Nouveau -
Brunswick
Proprietaire(s) ou occupant(s) :
Nom : Sears, Eugene Douglas
Address: B-22 Main Street West, Saint John, New Adresse: B-22, rue Main ouest, Saint John, Nouveau -
Brunswick, E2M 3N1 Brunswick, E2M 3N1
Municipality issuing notice: City of Saint John
By-law contravened: Saint John Unsightly Premises
and Dangerous Buildings and Structures By -Law, By-
law Number M-30 and amendments thereto (the "By-
law").
Provision(s) contravened: Paragraphs 190.01(1),
190.01(1.1) and 190.01(2) of the Municipalities Act, and
amendments thereto.
Description of condition(s): The premise is unsightly
by permitting junk, rubbish, refuse and a dilapidated
building to remain on the premise. The building has
become a hazard to the safety of the public by reason of
being vacant or unoccupied and has become a hazard to
the safety of the public by reason of dilapidation and by
reason of unsoundness of structural strength. The
conditions of the building and premise are described in
Schedule "A", a true copy of the inspection report dated
July 27, 2017 prepared by Rachel Van Wart, EIT, By-
law Enforcement Officer, reviewed and concurred in by
Amy Poffenroth, P. Eng., By-law Enforcement Officer.
Remedy or remedies required: The owner is to
remedy the conditions by complying with the required
remedial actions of the aforementioned inspection report
and bring the building and premises into compliance
with the aforesaid By-law.
In the event that the owner does not remedy the
condition of the building and premises in the time
prescribed by this Notice to Comply, the building may
be demolished as the corrective action to address the
hazard to the safety of the public and the premises may
be cleaned up.
In the event of demolition, all debris and items on the
premises will be disposed of as the corrective action to
address the hazard to the safety of the public.
The aforementioned remedial actions relating to the
demolition of the building and the disposal of debris and
items on the premises do not include the carry -out clean-
Municipalite signifiant 1'avis : City of Saint John
Arrete enfreint : Arrete relatif aux lieux inesthetiques
et aux bdtiments et constructions dangereux de Saint
John, Arrete numero M-30, ainsi que ses
modifications ci-afferentes (P o Arrete »).
163
Disposition(s) enfreinte(s) . Les paragraphes
190.01(1), 190.01(1.1) et paragraphe 190.01(2) de la
Loi stir les municipalites, ainsi que les modifications
afferentes.
Description de la (des) condition(s) : Les lieux sont
inesthetiques en permettant la presence de ferraille,
de detritus et le batiment delabre. Le batiment est
devenu dangereuse pour la securite du public du fait
de son inhabitation ou de son inoccupation et est
devenu dangereuse pour la securite du public du fait
de son delabrement et du fait de manque de solidite.
Les conditions du batiment et des lieux sont decrites a
1'annexe « A », une copie conforme du rapport
d'inspection en date du 27 juillet 2017 et prepare par
Rachel Van Wart, IS, une agente charge de
1'execution des arretes municipaux, revise et en
d'accorde avec par Amy Poffenroth, ing., une agente
charge de 1'execution des arretes municipaux.
Mesure(s) a prendre : La proprietaire doit restaurer
les conditions en se conformant aux recommandations
du rapport d'inspection susmentionne et d'amener le
batiment et les lieux en conformites avec I'Arrete.
Dans 1'eventualite que la proprietaire ne remedient pas
le batiment et les lieux dans le temps prescrit par le
present avis de conformite, le batiment pourront etre
demolis comme mesure corrective compte tenu qu'il
represente un danger pour la securite du public et les
lieux pourront etre nettoyes.
Dans 1'eventualite de demolition, tous les debris et
autres items sur les lieux seront disposes comme
mesure corrective dans le but de remedier le danger
pour la securite du public.
Les mesures correctives susmentionnees relativement
A la demolition du batiment et la disposition des debris
et autres items sur les lieux ne comprennent pas le
up, site rehabilitation, restoration of land, premises or
personal property or other remedial action in order to
control or reduce, eliminate the release, alter the manner
of release or the release of any contaminant into or upon
the environment or any part of the environment.
Date by which the remedy or remedies must occur: i
a) The demolition of the building, clean-up of the
property and related remedies must be complete,
or plans and permit applications for repair
related remedies, must be submitted: within 30
days of being served with the Notice to Comply.
b) The repair related remedies must be complete
within 120 days of being served with the Notice
to Comply.
Date by which notice may be appealed: Within 14
days of being served with the Notice to Comply.
Process to appeal: The owner may within 14 days after
having been served with this Notice to Comply, send a
Notice of Appeal by registered mail to the Common
Clerk of The City of Saint John, City Hall — 8"' Floor, 15
Market Square, Saint John, New Brunswick, E2L 4L1.
Potential penalty for non-compliance within
specified time:2 Paragraph 190.03(1) of the
Municipalities Act states that a person who fails to
comply with the terms of the Notice to Comply given
under Section 190.011 of the said Act, commits an
offence that is punishable under Part II of the Provincial
Offences Procedure Act as a category F offence.
Where an offence under paragraph 190.03(1) continues
for more than one day, the minimum fine that may be
imposed is the minimum fine set by the Provincial
Offences Procedure Act for a category F offence
multiplied by the number of days during which the
offence continues pursuant to subparagraph
190.03(1.2)(b)(i).
Municipality's authority to undertake repairs or
remedy:; Subparagraphs 190.04(1)(a), 190.04(1)(a.1)
and 190.04(1)(b) of the Municipalities Act states that if
a Notice to Comply has been given under section
190.011 of the said Act and that an owner or occupier
does not comply with the Notice to Comply, as deemed
confirmed or as confirmed or modified by a committee
of council or a judge under section 190.021 of the said
Act, within the time set out in the Notice to Comply, the
municipality may, cause the premises of that owner or
occupier to be cleaned up or repaired, or cause the
building of that owner or occupier to be repaired or
demolished, and the cost of carrying out such work,
including any related charge or fee, is chargeable to the
owner or occupier and becomes a debt due to the
municipality.
nettoyage, la remise en etat des lieux, des terrains on
des biens personnels ou toute autre mesure corrective
dans le but de controler on de reduire, d'eliminer le
deversement, de modifier le mode de deversement ou
le deversement d'un polluant dans ou sur
1'environnement ou toute partie de 1'environnement.
Date a laquelle la on les mesures doivent etre
prisesi :
a) La demolition du batiment et le nettoyage des
lieux doivent etre completees, ou a laquelle
les plans et demande de permis pour les
mesures des reparations, doivent etre
soumises, dans les 30 jours qui suivent la
signification de l'avis de conformite.
b) Les reparations reliees aux mesures doivent
etre completees dans les 120 jours qui suivent
la signification de Pavis de conformite.
Date it laquelle un appel de Pavis peut etre depose:
Dans les 14 jours qui suivent la notification de ]'avis
de conformite.
Processus d'appel : La proprietaire peux dans les 14
jours qui suivent ]a notification de ]'avis de
conformite, envoye un avis d'appel par courrier
recommande a la greffiere communale de la
municipalite, a The City of Saint John, Edifice de
]'hotel de ville, 8e etage, 15 Market Square, Saint
John, Nouveau -Brunswick, E2L 4L1.
164
Penalite possible pour non-conformite dans le delai
prescritz : Le paragraphe 190.03(1) de la Loi sur les
municipalites prevoit quiconque omet de se conformer
aux exigences formulees dans un avis de conformite
notifie aux termes de Particle 190.011 de ladite loi,
commet une infraction qui est punissable en vertu de
la Partie II de la Loi sur la procedure applicable aux
infractions provinciales a titre d'infraction de la classe
F.
Lorsqu'une infraction prevue an paragraphe 190.03(1)
se poursuit pendant plus d'une joum6e, 1'amende
minimale qui pent etre imposee est l'amende
minimale prevue par la Loi sur la procedure
applicable aux infractions provinciales pour une
infraction de la classe F multipliee par le nombre de
jours pendant lesquels ('infraction se poursuit
conformement a l'alinea 190.03(1.2)(b)(i).
Pouvoir de la municipalite d'entreprendre les
reparations on de prendre les mesures; :
Conformement aux alineas 190.04(1)(a),
190.04(1)(a.1) et 190.04(1)(b) de la Loi sur les
municipalites, si un avis de conformite a ete signifie
aux termes de Particle 190.011 de ladite loi et, que le
proprietaire on ]'occupant ne se conforme pas a cet
avis de conformite dans le delai imparti et tel qu'il est
repute confirme ou tel qu'il est confirme on modifie
par un comite du conseil on par un juge en vertu de
Particle 190.021 de ladite loi, la municipalite pent
faire nettoyer on reparer les lieux de ce proprietaire ou
de cet occupant ou de faire reparer on demolir la
propriete de ce proprietaire on de cet occupant, et les
frais relatifs a 1'execution de ces travaux, y compris
toute redevance ou tout droit afferent, sont a la charge
-I�h
Dated at Saint John the 2q -day of July, 2017
Municipality: The City of Saint John
Signature of Municipal Officer:
Municipal Officer's Contact information
Name: Rachel Van Wart, EIT
Mailing address:
Growth and Community Development Services
The City of Saint John
15 Market Square
City Hall Building, l0`h Floor
P. O. Box 1971
Saint John, New Brunswick
E2L 4L1
Telephone: (506) 658-2911
Telecopier: (506) 632-6199
Email: rachel.vanwart(asaintjohn.ca
Seal of municipality
Notes:
1. All appropriate permits must be obtained and all relevant
legislation must be complied with in the course of carrying out the
required remedial action.
2. Payment of the fine does not alleviate the obligation to comply
with the by-law, standard or notice to comply.
3. Costs become a debt due to the municipality and may be added to
the joint municipal and provincial Real Property Assessment and Tax
Notice.
165
du propri6taire ou de l'occupant et deviennent une
cr6ance de la municipalit6.
Fait a Saint John le _ juillet, 2017.
Municipalit6 : The City of Saint John
Signature de la repr6sentante municipale:
Coordonn6es de la repr6sentante municipale :
Nom : Rachel Van Wart, IS
Adresse postale:
Service de la Croissance et du D6veloppement
Communautaire
The City of Saint John
15 Market Square
Edifice de 1'h6tel de ville, l0e 6tage
Case postale 1971
Saint John (Nouveau -Brunswick)
E2L 4L1
T616phone : (506) 658-2911
T616copieur : (506) 632-6199
Courriel: rachel.vanwartgsaintjohn.ca
Sceau de la municipalit6
Notes :
1. Tous les permis prescrits doivent etre obtenus et toute la
l6gislation pertinente doit etre respectde, pendant 1'exdcution de la
mesure de recours.
2. Le paiement de I'amende n'annule pas l'obligation de respecter
1'arretd, la norme ou ]'avis de conformitd.
3. Les couts deviennent une dette envers la municipalit6 et peuvent
etre ajoutds A ]'avis d'dvaluation et d'imp6t foncier municipal et
provincial.
INSPECTION REPORT
Schedule "A"
202 Tower Street
Saint John, New Brunswick
PID# 364695
Inspection Date: July 7, 2017
Inspection Conducted by: Rachel Van Wart, EIT
Introduction
I hereby certify that this
document is a tare copy
:original.
.Dated at Saint John,
this 22 day of
2014.
a dards OflFicer
Inspections of the property at 202 Tower Street, PID# 364695, have revealed that there is
one building on the premise (the "Building"); a three-storey, three -unit apartment
building. Staff first became aware of the property's vacancy in July 2014 and began
standard enforcement procedures. The property is located in the City's West Side in a
two -unit residential zone. The Building is a hazard to the safety of the public by reason of
being open, vacant, by reason of dilapidation and by reason of unsoundness of structural
strength.
Discussion
The Building is not in compliance with the Saint John Unsightly Premises and
Dangerous Buildings and Structures By-law, By-law Number M-30, and amendments
thereto (the `By-law").
Unsightly Premise Conditions
Subsection 190.01(1) of the Municipalities Act states:
No person shall permit premises owned or occupied by him or her to be
unsightly by permitting to remain on any part of such premises
(a) any ashes, junk, rubbish or refuse;
(b) an accumulation of wood shavings, paper, sawdust or other residue of
production or construction;
(c) a derelict vehicle, equipment, machinery or the body of any part of a
vehicle equipment or machinery, or
(d) a dilapidated building.
There is an accumulation of junk, rubbish, and refuse on the property. These
items include, but are not limited to; broken glass, newspapers/flyers, a rug, five
chairs, a tire, exterior door, lawn chairs, fallen roof shingles and other various
loose and bagged garbage. The aforementioned accumulation of junk, rubbish,
and refuse is unsightly.
2. The Building is dilapidated. The Building's exterior cladding consists of vinyl
siding. Slats of siding are detaching from the Building in locations at the front,
right side and rear of the Building. Pieces of fascia on the right side of the
Building are broken and missing. A basement window on the left side of the
Building is open. There are numerous windows on all sides of the Building that
are open and broken, with shards of glass remaining on the property. There is a
second story deck at the rear of the Building with debris on it. The stairs that lead
to the deck have been removed, however a portion of the stairs remains in the rear
yard. There are large bushes at the right side of the property that are beginning to
penetrate through the broken windows.
1B6
Vacant and Unoccupied
Subsection 190.01(1.1) of the Municipalities Act states:
No person shall permit a building or structure owned or occupied by him
or her to become a hazard to the safety of the public by reason of being
vacant or unoccupied.
The Building is a hazard to the safety of the public by reason of being vacant or
unoccupied for the following reasons:
1. The Building continues to be found open during routine inspections. There is
one point of entry into the Building: a basement window on the left side which
allows access to the entire Building. A second point of entry was disclosed to
this department by the owner: the window of the left side door can be lifted
open from the exterior, allowing the ability to easily reach through the
window and unlock the door. Buildings that are in a dilapidated condition and
left unsecured can attract vandalism, arson, or criminal activity and pose a
hazard to the safety of the public in the surrounding area. In February of 2015
it was reported to The Saint John Police Force that there were individuals
entering the Building. In April of 2015 there was a report of an open door. In
July 2016 copper was stolen from the Building by two males and reported to
Police. Again in August 2016, there was a report of an open door. The City of
Saint John Finance department confirmed that the water has been turned off
since January 2014. Saint John Energy confirmed that the power has been
disconnected since October 2013.
2. There is a higher risk of a fire event occurring at the property since it is known
to the public that the Building is vacant. The property neighbors a two -unit
apartment building at 194-196 Tower Street. If a fire event were to occur
within the Building, it could spread to the neighboring property which would
cause significant damage to the buildings and endanger the lives of the
occupants.
3. There is a concern for emergency personnel safety in the event of an
emergency. If firefighters suspect there may be people inside the Building, it
would be reasonable to expect they may be required to enter it. The condition
of the interior is not known to firefighters which pose a hazard to their safety
and others who may be inside in the event of a fire. The July 7, 2017 interior
inspection found numerous amounts of household items and construction
debris strewn throughout the interior of the Building. These items and hazards
could restrict movement of emergency personnel should they need to gain
entry. The magnitude of fire may also be amplified due to the amount of
combustible material in the Building.
Dilapidated Building Conditions
Subsection 190.01(2) of the Municipalities Act states
No person shall permit a building or structure owned or occupied by him
or her to become a hazard to the safety of the public by reason of
dilapidation or unsoundness of structural strength.
The Building is a hazard to the safety of the public by reason of dilapidation for the
following reasons:
I. Exterior Conditions:
The deck at the rear of the Building is dilapidated as the stairs to grade have
been removed. The decking that remains has debris on it and the staircase
remains laying in the rear yard. A piece of wood remains hanging from the
deck.
t,
Slats of vinyl siding are detaching from the Building in locations at the front,
right side and rear of the Building. Pieces of fascia on the right side of the
Building are broken and missing. As the Building is on a corner lot, the hazard
for pedestrian traffic being injured by these conditions is amplified.
Multiple windows of the Building are broken with glass found on the ground
around the property. The left side basement window is missing and continues
to be found open, providing no protection from inclement weather, animals or
trespassers.
2. Interior Conditions:
The Building has been left in a state of disrepair. There is a large amount of
debris and junk items strewn throughout the interior of the Building including,
but not limited to, construction materials, wooden boards with protruding
nails, discarded household furniture including couches and beds, broken glass,
broken lathe from the walls and other loose garbage materials. Many rooms
throughout the Building have exposed lathe walls due to missing or fallen
gyproc that now covers the floor. Paint is peeling from many surfaces
throughout the Building. Evidence of trespassers stealing copper wiring is
evident with holes in the walls. There are also holes in the floors near
plumbing fixtures in the bathrooms. These conditions pose a tripping hazard
to anyone who may enter the Building, including trespassers or emergency
personnel.
There are numerous locations of water damage and moisture throughout the
Building. The ceiling tiles in one area of the Building are water damaged,
bowed and discoloured. Ceiling tiles are missing from a room on the first
storey, exposing pink insulation that has turned black due to water damage
and mould. The ceiling in another room on the first storey is missing,
exposing the wood ceiling system which is discolored due to water damage.
There are holes in the floor of the second storey bathroom, revealing floor
boards which show signs of water damage from a broken water pipe. Water
damage can be seen in the first storey bathroom around the same water pipe.
Black mould is present in the basement of the Building. Water damage and
mould growth conditions pose a respiratory hazard for anyone who may enter
the Building. In addition, water damaged building components contribute to
the deterioration and impacts the soundness of the structure.
Animal feces are present in abundance in multiple locations throughout the
Building. Wild animals such as raccoons can carry diseases and cause concern
for public safety, in addition to the deterioration of the Building with
composting feces on the floor.
Structurally Unsound Building Conditions
Subsection 190.01(2) of the Municipalities Act states
No person shall permit a building or structure owned or occupied by him
or her to become a hazard to the safety of the public by reason of
dilapidation or unsoundness of structural strength.
The Building is a hazard to the safety of the public by reason of unsoundness of structural
strength for the following reasons:
1. Water damage throughout the Building impacts the soundness of the structure.
The floor of the bathroom on the second storey is in poor condition. A broken
water pipe has caused extensive water damage leaving a hole in the floor and
rotten wooden members. This room is extremely unsafe due to the condition of
the wooden floor. The exposed floor boards show signs of rot and decay. The
weight of the items in the bathroom, such as a toilet and bathtub could cause the
floor to collapse. Any person entering the room could also cause collapse and
could be seriously injured. Water damage from the broken pipe can also be seen
in the first storey bathroom. Other water damaged building components such as
water -stained, deteriorated roof members impact the soundness of the structure.
Required Remedial Actions
The owner must comply with one of the two options stated below:
Option 1: Remedy the conditions of the Building through all repair and remedial actions
as follows:
1. The Building must be completely repaired to remedy the above mentioned
hazards to public safety while meeting the requirements of the National Building
Code of Canada (2010) as well as all other applicable by-laws.
2. The Building must be maintained, kept secure, and monitored on a routine basis
while the property remains vacant or unoccupied.
3. A detailed plan must be submitted to the Growth and Community Development
Services Department of the City of Saint John (the "Department") for review and
approval. The plan should also include a schedule for the work that is to be
carried out. The repaired Building must meet the National Building Code of
Canada (2010) as well as other applicable codes.
4. The detailed plan, including schedules and any engineering reports, must be
approved by the Department prior to commencing repair work.
5. A building permit must be obtained for any and all applicable work prior to
commencing said work from the City of Saint John in order to comply with the
Saint John Building By-law, By-law Number C.P. 102 and amendments thereto
(the "Saint John Building By-law").
6. The premise must be cleared of all debris found on the property, including any
and all rubbish that may be considered hazardous or unsightly. The debris from
the premise must be disposed of at an approved solid waste disposal site, in
accordance with all applicable by-laws, acts and regulations. Documented proof,
that clearly demonstrates an approved solid waste disposal site was used for the
disposal of debris, must be provided to the Department. The premise must comply
with all applicable By-laws, Acts, Codes and Regulations.
Option 2: Demolition of the Building and cleanup of all debris on the premise by
complying with all the remedial actions as follows:
1. The Building must be demolished to remove the hazard to the safety of the public
by reason of dilapidation and by reason of being vacant or unoccupied.
2. A demolition permit must be obtained from the City of Saint John in order to
comply with the Saint John Building By-law.
3. The premise must be cleared of the debris from the demolition and the lot must be
made reasonably level with grade so as to not create a tripping or falling hazard.
All debris must be disposed of at an approved solid waste disposal site, and in
accordance with all applicable By-laws, Acts and Regulations. Documented
proof, that clearly demonstrates an approved solid waste disposal site was used for
the disposal of debris, must be provided to the Department.
4. All debris that is currently on the premise must be removed and disposed of at an
approved solid waste disposal site, and in accordance with all applicable By-laws,
Acts and Regulations. Documented proof, that clearly demonstrates an approved
IM
solid waste disposal site was used for the disposal of debris, must be provided to
the Department.
5. The property must be in compliance with all applicable By-laws, Acts and
Regulations.
Prepared by:
fa hi 21-11
chel Van art, EIT Mle
Technical Services Officer
Growth and Community Development Services
Reviewed by and concurred in by:
V
Amy PoffeIW6th, P. Eng., MBA
Building Inspector
Deputy Commissioner
Growth and Community Development Services
V0
J
CANADA
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
CITY OF SAINT JOHN
AFFIDAVIT OF SERVICE
I, of the Community of Nerepis in the
County of Kings and Province of New Brunswick MAKE OATH AND SAY AS
FOLLOWS:
4_
1. On the 7 day of �/ <./ , 2017, I served
eV C -&(c �, c3�--tis �tm=1S with the following documents:
• a Notice to Comply, attached hereto as Exhibit "A";
• and a Notice of Appeal, attached hereto as Exhibit `B";
by leaving a copy witl(hinl / her at 2 "Z— MA/
r i , New Brunswick.
2. I was able to identify the person served by means of the fact tha he/ she
acknowledged to meo she was
G- a G /:-; L 0 Uy C-' L.AK c�19 fc'
Sworn To before me at the
City of Saint John, N.B.,
on the � i day of
i' , 2017
PAMELA M H BENTLEY
COMMISSIONER OF OATHS
MY COMMISSION EXPIRES
DECEMBER 3187, 2018
171
CANADA
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
IN THE MATTER OF THE BUILDING THAT IS LOCATED AT
a L ,�► C7t vP� c� f ire j , SAINT JOHN, N.B. ( PID number (03 (It I ()q 5 )
AFFIDAVIT OF SERVICE
I, 5�- :Pk1 C,7,te ni',74r. , of Saint John, N.B., Make Oath And Say As Follows:
1. I am employed by The City of Saint John in its Growth and Community Development
Services Department. I have personal knowledge of the matters herein deposed except
where otherwise stated.
2. On Au cA it J q1, 2 c) i , at approximately "� � u 2 1�) ., I posted a
copy of the attached Notice of Common Council Hearing Letter, marked Exhibit "A"
to the front door of the building that is located at 'o UG� (dug- 5+ree-+ , Saint
John, N.B.
Sworn To before me at the
City of Saint John, N.B.,
on the 15 day of
a , 2017
� L. � /1// &'
CHRISTOPHER D MCKIEL
COMMISSIONER OF OATHS
MY COMMISSION EXPIRES 172
DECEMBER 31ST, 2019
August 14, 2017
Case Number: 14-0346
Permitting & Inspection / Service des inspections et de I'application
By -Law Enforcement / Service d'Application des Arr6t6s Municipaux
Phone / T61: (506) 658-2911
Fax / T616c: (506) 632-6199
VIA PROCESS SERVER
Sears,Eugene Douglas
B-22 Main St W
Saint John, NB
E2M 3N1
Dear Sir/Madam:
This is Exhibit "A�
Referred to in the Affidavit of
Sworn bef re me at the City of
Saint John, New Brunswick
theay-of '+" ,_-7_V L-1—�--�-
Commissioner of Oaths
NOTICE OF COMMON COUNCIL HEARING
Re: Property located at 202 Tower St, PID # 00364695
Dangerous and Vacant Building Program
On July 27, 2017, a Notice to Comply was issued for the above mentioned property which required
remedial action to bring the building and premises into compliance with the Saint John Unsightly Premises
and Dangerous Buildings and Structures By-law. The Notice to Comply was posted to the building on July
27, 2017.
The fourteen (14) day appeal period has now expired. Therefore, a compliance inspection will be conducted
on August 28, 2017. If the property is not in compliance with the aforesaid By-law at the time of the
inspection, City Staff will be attending the Common Council meeting scheduled on September 5, 2017 at
6:00 p.m. to recommend that the building be demolished. Please be advised that at this meeting, you will
have the opportunity to present evidence to the contrary.
If you have any questions, please do not hesitate to contact me at (506) 658-2911.
Regards,
P
Rac el Van Wart, EIT
Technical Services Officer
Cc: Royal Bank of Canada
100 King St., Saint John, NB
Fundy Energy Limited
560 Main St., Saint John, NB
P.O. Box 1971 C.P. 1971
Saint John, NB Saint John, NA.
Canada E2L 41.1 Canada E2L 4LI
SAINT JOHN www.saintjohn.ca
173
202 Tower Street, Sit John, New Brunswick
PID# 364695
Photo 1
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202 Tower Street, Sit John, New Brunswick
PID# 364695
Photo 5
202 Tower Street, Spt John, New Brunswick
PID# 364695 Photo 6
202 Tower Street, Sr rbt John, New Brunswick
PID# 364695 Photo 7
Fj
202 Tower Street, Sr qt John, New Brunswick
PID# 364695 Photo 8
202 Tower Street, Sr rpt John, New Brunswick
PID# 364695 Photo 9
202 Tower Street, Sr rpt John, New Brunswick
PID# 364695
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Photo 10
flu IDT1 -1
COUNCIL REPORT
M&C No.
M&C 2017-226
Report Date
August 29, 2017
Meeting Date
September 05, 2017
Service Area
Transportation and
Environment Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: ACOA Funding for West Side Splash Pad
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Lori Lambert and Tim
O'Reilly
Tim O'Reilly for Michael
Hugenholtz
Jeff Trail
RECOMMENDATION
Your City Manager recommends Common Council provide direction to City staff
on whether to submit an application to the Atlantic Canada Opportunities
Agency (ACOA) requesting $100,000 toward the construction of the slash pad at
the Market Place West recreation facility.
PREVIOUS RESOLUTIONS
The following resolution was adopted by Common Council in March 2017:
RESOLVED that Common Council release the contingent $250,000 funds for the
Carleton Community Splash Pad from the 2017 budget and send a letter of
support to the RDC for the proposal.
The following resolution was adopted by Common Council in December 2016:
RESOLVED that as recommended by the City Manager in the submitted report
M&C 2016-287: 2017 General Capital Budget, Common Council approve the 2017
General Capital Budget in the amount of $22,410,250 (gross) with contributions
from other sources of $12,237,750 yielding a net Capital budget in the amount of
$10,172,500 (net) as set in Exhibit 1; and further, the West Side Splash Pad be
added on the 2017 Capital Budget contingency list for the amount of $250,000,
contingent on matching funds of $250,000 being raised.
REPORT
The Market Place Splash Pad has been a desire for the lower west side
community for over five years. Its realization would align with the master plan
developed in 2010 for this district park.
HE
sa
In fall of 2016, a neighbourhood stakeholder committee began to spearhead a
fundraising initiative for the splash pad and successfully secured corporate
sponsorship totaling $100,000.
In March 2017, Common Council approved the release of $250,000 to support
the project, contingent upon successfully obtaining other funding sources to
meet the estimated total project cost of $652,000. Council further approved the
submission of a funding request of $250,000 from the Province's Regional
Development Corporation. On August 25, 2017, RDC confirmed the Market
Place Splash Pad prosect was successful in obtaining $200,000 in provincial
funding support.
With a shortfall of approximately $100,000 remaining, the neighbourhood
committee has requested the City of Saint John, as the property owner, apply to
ACOA for the remaining balance of $100,000 in order to meet the Capital
investment requirements to proceed with this project. Staff is seeking direction
from Common Council on whether to apply for this possible funding source.
Suggested Factors in Council's Consideration of a Resolution:
Staff sees both pros and cons for applying for the ACOA funding and proceeding
with this project. Staff recommends Common Council consider these factors in
deciding whether or not to apply for the $100,000 in ACOA funding:
Alignment with PIaySJ — Market Place West is identified as a District recreation
facility in PIaySJ where investment is encouraged. PIaySJ promotes co -location
of recreation assets and the splash pad would be adjacent to a community
centre, playground, ball field and community garden among other amenities.
Community Commitment and Support — There is strong community
commitment and support for the Market Place Splash Pad project. There is a
Master Plan for the Market Place West recreation facility that was created in
part through neighbourhood consultation and the splash pad was incorporated
into this Master Plan. There is a dedicated committee that has been working
hard on this project. Corporate partners have demonstrated their financial
commitment to the project.
Serving a Priority Neighbourhood — Lower West is one of five Priority
Neighbourhoods in the City. This splash pad would be constructed in and serve
this priority neighbourhood.
Council's Provincial and Federal Funding Priorities — The City of Saint John
strives to strategically seek out available external funding programs from federal
and provincial levels of government, and as such, Common Council periodically
coordinates priority setting sessions to define key priorities associated with such
185
am
funding opportunities. Council completed such an exercise in the summer of
2016, which informed not only Council's direct applications to federal and
provincial funding programs, but also Council's focus when discussing funding
priorities with other levels of government. While the West Side Splash Pad was
not identified as a top priority within this past exercise, Council can still define or
revisit its priorities through specific funding applications. In addition, there is also
the possibility of federal and provincial funding programs that define priorities
that fall outside the focus of the City's infrastructure interests. In this scenario,
the City enters into a discussion on whether the pursuit of such projects is
worthwhile, recognizing that there is always a required municipal contribution in
order to access external funding programs.
Staff has connected with colleagues from Atlantic Canada Opportunities Agency
(ACOA), and there is no indication that applying for the West Side Splash Pad
project would jeopardize any other funding requests before ACOAs funding
program.
Existing Infrastructure Deficit — Council recently approved an Asset
Management Policy that compels Council to consider asset investments from a
lifecycle cost perspective. Lifecycle costs beyond the Capital investment to
construct the splash pad are required to manage this new recreation asset,
including operations, maintenance, and financing costs and eventual
replacement of the asset. Other PlaySJ initiatives are mitigating asset lifecycle
cost commitments; the rationalization of City ball fields and playgrounds are
reducing infrastructure deficits and co -location of facilities at Regional and
District recreation facilities are reducing time spent travelling by maintenance
crews. Staff will be presenting to Common Council in the near future the current
state of all the City's existing infrastructure including reporting a significant
infrastructure deficit. Adding new infrastructure without a plan to re -invest in
existing infrastructure is not sustainable and does not align with Council's Asset
Management Policy.
Current Financial Situation — The City is facing in the range of a $5 million
shortfall to its General Fund Operating budget for 2018. The total average
annual cost for this splash pad including, financing, operating/ maintenance and
depreciation would be approximately $65,000.00 per year over the 15 year debt
payback period, which would be new operating budget commitments. These
additional funds would need to be offset on top of the current projected
shortfall for 2018 and beyond.
Other Future Recreation and City Capital Investments — Other Capital
investments in recreation facilities will either be required in the future or have
been previously suggested. These include replacement of the City's four aging
arenas within the next 10 years or so, continued investment at the Canada
Games Aquatic Centre, Harbour Station, LBR and other developed regional or
district master plans including for Rockwood Park, Rainbow Park, Shamrock Park,
-4 -
Dominion Park, and Harbour Passage. The City's Capital spending needs to be
limited to control debt; the City's Capital spending on this splash pad project
would take the place of spending on these recreation projects or other City
Capital priorities. There is a current backlog of approximately $40 million in
capital expenditure requests deferred as part of the 2017 capital budget.
Uncertainty of Tender Cost — The market of contractors available to construct
splash pads is relatively small, in the range of 2-3. With this small market comes
some uncertainty as to the tendered prices that may be received. In the case of
the Rainbow Park Splash Pad, the initial tender price was much greater than the
project estimate and the project was retendered together with the Fleming
Court Splash Pad. The risk of cost overruns would be borne by the City. A fall
2017 tendering for 2018 construction, assuming all required Capital funding is
confirmed in time, may mitigate this risk.
Return on Investment —There are social benefits of a splash pad at Market Place
West through improved access to recreation for a Priority Neighbourhood with
transportation challenges. The investment would also compliment the City's
recent investments in the adjacent Carleton Community Centre. There are no
figures on how many residents use the existing Rainbow Park or Fleming Court
splash pads to quantify the demand. A short "summer" season and inclement
weather limits the number of days an outdoor aquatic facility would be used;
assuming 60 usable days, the lifecycle cost of the splash pad would be
approximately $1083.00 per day over the 15 year debt payback period.
Construction of the Market Place West Splash Pad supports investment in
recreation experiences that create a sense of community pride. Considering
lifecycle cost implications, limits on capital spending and prioritizing investments
as detailed in this report demonstrates commitment to asset management, fiscal
responsibility and strategic investment decisions.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Staff from Finance and Administrative Services as well as Growth & Community
Services provided input to this report.
187
COUNCIL REPORT
M&C No.
2017-223
Report Date
August 17, 2017
Meeting Date
September 05, 2017
Service Area
Saint John Water
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. Safe, Clean Drinking Water - West Side Ground Water System
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Heady
Manager
Kendall Mason, P.Eng.
James Margaris, P.Eng
J. Brent McGovern, P.Eng.
Jeff Trail
RECOMMENDATION
It is recommended that Common Council receive and file this report.
EXECUTIVE SUMMARY
The purpose of this report is to advise Common Council of the approaching Safe,
Clean Drinking Water milestone on the west side of Saint John. Port City Water
Partners remains focused on the final west side Safe, Clean Drinking Water
project work while Saint John Water operations are focused on the upcoming
transition that will involve switching customers from Spruce Lake water to the
new South Bay well water. The switch from lake water to well water for west
side customers is currently scheduled for the period of early to mid-September
subject to finalizing the remaining construction items.
Some of the changes water system users may notice is the change in water
temperature as the well water will be slightly cooler than the lake water
particularly at this time of year. During the transition there is the potential of
colour variation and elevated levels of chlorine in the water as the water system
transitions from one water quality to another. If this does occur for any
customers the colour variation will settle in time with the end result being
clearer higher quality drinking water. This system change is being planned in
collaboration with the New Brunswick Department of Public Health and the New
Brunswick Department of the Environment.
HE
sa
Once the transition is complete the end result will be higher quality drinking
water for all west side customers.
PREVIOUS RESOLUTION
N/A
STRATEGIC ALIGNMENT
This report aligns with Council's Priority for Valued Service Delivery, specifically
as it relates to investing in sustainable City services and municipal infrastructure.
BACKGROUND
In the fall of 2013, The City of Saint John drilled a 406mm diameter production
scale well in the South Bay area of the West Side. In January of 2014 hydraulic
testing (pumping) began on the production scale well and continued for one
year. After several months of pumping and data collection this source of ground
water showed considerable promise. In 2014 two additional production scale
wells were drilled and hydraulic testing began on these wells in mid-November
2014 and continued until early 2015. The total withdrawal from the three wells
during the hydraulic testing ranged from 10 to 27 ML/d. The hydraulic testing of
the production scale wells and the analytical modelling concluded the three
production size test wells would have the ability to supply the west side with
drinking water. Saint John Water staff then moved forward with the Safe, Clean
Drinking Water project based on ground water being the source of the west
side's drinking water.
The Spruce Lake Watershed will continue to be a backup drinking water supply
should there ever be the need in the future and in addition the resource will
continue to be utilized for industrial water to supply process water to industries
located on the west side of Saint John, thus reducing the amount of water
demand on the ground water aquifer and the amount of water requiring
treatment.
Ground Water Quality
Water samples were collected from the production -scale wells for water quality
testing at a contract lab. The water quality samples from the production wells
met the maximum acceptable concentrations (MAC) and aesthetic objectives
(AO) set out in the Guidelines for Canadian Drinking Water Quality. The lab
testing and engineering analysis concluded the only treatment presently
required on the ground water recovered from South Bay Well Field was the
addition of chlorine to meet the requirements set out in the City's Approval to
Operate water treatment and distribution facilities.
-3 -
Potable Water System
The west side drinking water system will be supplied from three ground water
production wells located in the new South Bay Well Field. The South Bay
Wellfield is located in the Mahogany Heights/Westgate Park neighborhoods
behind Island View School, at the end of Gaelic Drive.
Figure 1. New South Bay Well Field Pumphouse Building
Three 200 horsepower well pumps individually located in three production wells
will pump ground water through a common header into a 600 mm transmission
main. The ground water will travel in the water transmission system along the
pipeline road west corridor to the Spruce Lake Pump Station. The ground water
will arrive at the Spruce Lake Pump Station and booster pumps located in the
Spruce Lake pump station will move the ground water from the station to the
Spruce Lake Tank (Reservoir). As the ground water leaves the Spruce Lake
Pumping Station it will be injected with sodium hypochlorite (liquid chlorine) as a
means of disinfection. The ground water and the chlorine solution will begin to
mix as the water travels to the Spruce Lake Tank. The ground water will be
stored in the tank and delivered to the distribution system and customers as the
system requires water (much the same as is done today).
190
Chlorinated well v
to Spruce Lake Tal
Eau de puits
chloree deversee
dans le reservoir
du lac Spruce
-4 -
LANCASTER
/ Untreated water Eau non trail —011111 \
Ellfrom wells des puitr
I
P� s
,oma
00
01Irving Nalure Park
Parc natures riving
After treatment, well water passes l Apres le traitement, Peau de puns passe dans le
through existing system to customers systeme de distribution pour arriverjusqu'aux clients
Figure 2. New West Saint John Raw Water System Schematic
ANALYSIS
u
The conversion from Spruce Lake as a water supply for drinking water to a new
ground water source at South Bay does not relieve the City of Saint John of the
requirement to maintain a chlorine residual in the water distribution system. The
Department of Environment has drafted a new Approval to Operate W-1510 that
grants approval to The City of Saint John for the operation of drinking water
treatment and distribution facilities. One of the many requirements set out in
the approval to operate is the requirement to maintain a chlorine residual of no
less than 0.04mg/I at all points in the distribution system. Below is the
requirement as stated in the Approval to operate.
The Approval Holder shall ensure that a free chlorine residual of no less than 0.1
mg/L be maintained at the entry point of the distribution system and that a free
chlorine residual of no less than 0.04 mg/L be maintained at all other points
within the distribution system.
Typically surface water has a higher chlorine demand than ground water because
of the higher dissolved organics in the water. During the transition from surface
water to ground water customers on the west side may experience higher than
normal chlorine levels in the water. Depending on the customers proximity to
the treatment facility and the current level of chlorine in the water at their taps
the taste of chlorine might be greater during the transition period. Saint John
Water Staff will be maintaining the chlorine residual levels at the surface water
191
-5 -
injection rate and testing the chlorine residual in the distribution system. The
rate at which chlorine is injected into the drinking water will be gradually
transitioned down until it reaches a stable level and achieves the chlorine
requirements at the extremities of the system as set out in the approval to
operate. This conversion (from lake water to well water) will be managed in
close collaboration with the New Brunswick Departments of Health and
Envionment.
Groundwater is traditionally better quality than surface water because it has
filtered through the soil. Ground water is likely to be more mineralized than
surface water because of the contact time with the aquifer materials. The below
table compares some raw water quality parameters between Spruce Lake
surface water and the South Bay wellfield water.
Parameter
Spruce Lake
South Bay WellField
pH
6.3 to 6.7
7.9-8.1
Colour (Apparent)
12 to 50 Pt -Co units
Non detect
Hardness (as CaCO3)
5.89 — 9.0 mg/L
170 — 198 mg/L
Alkalinity (Total as CaCO3)
1.24 — 4.6 mg/L
100 mg/L
Conductivity
30 µS/cm
400 — 500 µS/cm
Disolved Organic Carbon
4.7 mg/L
1 mg/L
Total Organic Carbon
4.9 mg/L
2 mg/L
With such a change in water chemistry as shown in the table above, customers
could experience colour variation, sediment and elevated levels of chlorine for a
period of time during and after the water transition. This will normalize with
time however in the event any potable customer has questions or concerns they
can contact 658-4455. It should also be noted that increased water sampling and
testing will be done during the conversion process and for a period of time
following the conversion.
UDF
Saint John Water has planned additional maintenance activities in the west
water distribution system during the conversion and the months following the
conversion of surface water to ground water. Starting in mid-September Saint
John Water will be flushing the west water distribution system utilizing the
unidirectional flushing process (UDF) that has been successfully cleaning pipes in
water distribution systems throughout North America. UDF involves the strategic
closing of valves in the distribution system thereby increasing the flushing
velocities of the water to scour the pipe walls and expel sediment, grit and
particles in the water distribution pipes and flush this water through fire
hydrants.
192
-6 -
Tank Maintenance
Saint John Water has planned water reservoir maintence for the months
following the conversion to well water. Once well water is introduced into the
distribution and the Spruce Lake Pump Station and Well Field Pumps are fully
commissioned one tank at a time will be taken out of service to perform tank
cleaning and inspection. This will purge all remaining surface water (Spruce
Lake) from the tanks and fresh well water will be used to fill the tank prior to
putting it back into service.
SERVICE AND FINANCIAL OUTCOMES
Service outcome will be higher quality drinking water for all west side potable
water customers.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Saint John Water has worked closely with Department of Health and Department
of Environment during the design and construction phases of the Project leading
up to the commissioning of the South Bay Well Field. During the conversion of
the west side drinking water from Spruce Lake surface water to South Bay
ground water Saint John Water staff will have frequent interactions with these
regulators to ensure the safety of the drinking water to all customers on the
west side.
ATTACHMENTS
N/A
193
COUNCIL REPORT
M&C No.
2017-191
Report Date
August 28, 2017
Meeting Date
September 05, 2017
Service Area
Strategic Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Taxi By -Law Update and Recommended Amendments to A By -Law
Respecting the Regulation and Licensing of Owners and Operators of
Taxicabs in the City of Saint John
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Authors
Commissioner/Dept. Head
City Manager
Scott Brittain
Sergeant Mike McCaig,
Jeff Trail
Neil Jacobsen
City's Taxi Inspector(Saint
Chief John Bates
John Police Force)
John Nugent
RECOMMENDATION
It is recommended that:
Common Council give first and second reading to an amendment to A By -Law
Respecting the Regulation and Licensing of Owners and Operators of Taxicabs
in the City of Saint John, which is provided as Attachment "B".
That Common Council refer the following two items to the City Manager for
consideration as part of the 2018 work plan and budgeting process:
1. In cooperation with the Taxi industry, the Taxi Advisory Committee, Taxi
Inspector, and City Staff should revisit plans to create a permanent taxi
industry training program.
2. The Taxi Advisory Committee, Taxi Inspector and City Staff should
establish a Working Group to explore the issues, challenges and
opportunities relating to the introduction of mobile tablet technology as
an alternative option to the Centrodyne meters.
EXECUTIVE SUMMARY
In June of 2015, Common Council enacted A By -Law Respecting the Regulation
and Licensing of Owners and Operators of Taxicabs in the City of Saint John
194
-2 -
(the "Taxi By-law") and, in so doing, repealed the previous by-law. Among the
central reform themes associated with the Taxi By-law changes were two
objectives:
• Fair, reasonable, consistent and transparent rates (for the general public,
taxicab drivers and taxicab owners).
• Public safety - on-going public safety considerations focus on five key
issues to ensure citizens and visitors are provided safe and high quality
taxicab service in the City: offences, driving records, driver training,
taxicab requirements and insurance.
One of the primary changes introduced in the Taxi By-law was a move to a
metering system for calculating taxi fares using the Centrodyne brand of
metering device, which become operational in May 31St, 2016. The new
metering system replaced the zone system that was previously used to calculate
taxi fares in the City. The new Taxi By-law also introduced requirements
regarding the age of taxi vehicles and additional operational, safety and By-law
enforcement considerations. These changes represent industry best practices
and operational standards in place in other major Canadian cities.
Based on additional industry (including six local taxi companies) and public /
stakeholder feedback, the City's Taxi Advisory Committee (established under
section 16 of the Taxi By -Law, of which the Taxi Inspector is a member), returned
to Council in June 2016 with recommendations to adjust the metered fare
components as defined in the Taxi By-law.
Taxi By-law amendments were enacted in July 2016 with a new rate structure
($5.00 minimum charge and $1.10 per km), replacing the previous ($3.00
minimum and $1.64 per km). The new fare calculations were designed to slightly
increase the cost of short haul runs (under 2.3 km) while more significantly
decreasing the cost of longer runs (over 2.3 km). This was deemed by the Taxi
Advisory Committee as being a fairer and more reasonable fare structure for the
general public.
The Taxi Advisory Committee returned to Council in late November 2016 with a
further update, and as a result of subsequent meetings and discussion with the
Taxi Inspector and City staff, is recommending additional Taxi By-law reforms in
three key areas:
1. Clarification of contract provisions
2. General By-law enforcement provisions
3. Other items designed to enhance public safety
The purpose of this Report is to provide an update with respect to A By -Law
Respecting the Regulation and Licensing of Owners and Operators of Taxicabs
in the City of Saint John, while also introducing a series of recommended
195
-3 -
amendments to the Taxi By-law that reflect feedback from the City's Taxi
Advisory Committee and Taxi Inspector.
PREVIOUS RESOLUTION
Nov 28, 2016 Council minutes:
8.2 Taxi Advisory Committee Presentation
Mr. Ralph Holyoke, Chair of the Committee, gave an overview of the submitted
presentation, mainly:
• The Committee is not recommending any changes to the rate structure,
• The Committee is proposing a public awareness campaign through city
staff and media outlets,
• The Committee is making recommendations and clarifications to wording
be made to the by-law through the City Solicitor's office.
Sgt. McCaig spoke about the wording of the by-law and how it affects
enforcement.
Mr. Holyoke and Sgt. McCaig responded to questions from Council.
Moved by Councillor Reardon, seconded by Deputy Mayor McAlary:
RESOLVED that the Taxi Advisory Committee recommendations be referred to the
City Manager to incorporate in the existing Taxi Meter By -Law for Council's
consideration.
MOTION CARRIED.
STRATEGIC ALIGNMENT
Aligns fully with Council's Priority — Vibrant, Safe City.
rIN961131
On June 22nd, 2015, Common Council enacted an amended Taxi By-law. This
enactment was the culmination of several years of work undertaken by the Taxi
Review Committee that was established by Common Council in 2011.
The mandate of the Taxi Review Committee was to pursue a comprehensive
study of the previous Taxi By-law, conduct significant comparative research (with
an emphasis on Canadian cities of a similar size) and engage several stakeholder
groups (owners, operators, citizens, community/representative groups, business
196
-4 -
groups, etc.) through a series of public and transparent consultations. The
process was very comprehensive.
Among its recommendations, the Taxi Review Committee recommended that
Common Council move from an ad hoc zone system to a metering system for
calculating taxi fares in the City. Moreover, it was the recommendation of the
Taxi Review Committee that the Centrodyne brand of metering device be
adopted as the permitted metering device to be used in the City. This
recommendation was informed by significant market and other research, which
included trials conducted by the Taxicab Inspector as well as consultations with
other cities that utilize the Centrodyne brand of metering device. Indeed, the
Taxicab Inspector had occasion to travel to the Halifax Regional Municipality
where the Centrodyne brand of metering device has been used for several years.
Further amendments were made to the Taxi By-law and its related fare structure
in the summer of 2016 based on feedback from the City's Taxi Advisory
Committee, which is constituted as follows under subsection 16(2) of the Taxi
By-law:
16(2) The Committee shall consist of seven (7) members who shall be appointed
by Common Council and shall consist of.
(a) the Taxicab Inspector, who shall be a non-voting ex -officio member of
the Committee;
(b) two (2) citizens who are not involved in the Taxicab industry and have
not been involved in it during the five (S) years prior to their appointment,
(c) one (1) person who holds a valid Taxicab Owner's License;
(d) one (1) person who holds a valid Taxicab Operator's License;
(e) one (1) person who holds either a valid Taxicab Operator's License or a
valid Taxicab Owner's License;
(f) one (1) member of Common Council of the City of Saint John,
(g) one (1) member appointed from the Hospitality/Business Community.
It should also be noted that the mandate of the Taxi Advisory Committee is set
out in subsection 16(6) of the Taxi By-law, which provides as follows:
16(6) The Committee may make recommendations to Common Council
respecting:
(a) the setting of license fees,
197
-5-
(b) the role of the Taxicab industry,
(c) any problems in the Taxicab industry,
(d) possible changes to by-laws and other statutes relevant to the
Taxicab industry, including changes respecting Schedule "B" (which shall
be made by the Committee to Common Council annually) and Educational
Requirements.
As per Attachment A, the Taxi Advisory Committee is recommending to Council
that:
The City's Taxi By-law (M-12) be amended to:
a. Clarify the use of contract provisions.
b. Add greater definition and clarity with respect to the required use
of meters and metered fares (as per Schedule "B").
c. Strengthen the enforcement provisions available to the City's Taxi
Inspector within the By-law.
d. Require licensed taxicabs to have fully operational roof lights that
are integrated with taxicab meters.
2. The City implement a supporting communications effort to educate and
inform the industry and public.
The Taxi Advisory Committee is also recommending two additional initiatives for
consideration:
1. In cooperation with the Taxi industry, the Taxi Advisory Committee,
Taxi Inspector, and City Staff should revisit plans to create a
permanent taxi industry training program.
2. The Taxi Advisory Committee, Taxi Inspector and City Staff should
establish a Working Group to explore the issues, challenges and
opportunities relating to the introduction of mobile tablet technology
as an alternative to the Centrodyne meters.
Both initiatives will need to be referred to the City Manager for consideration as
part of the 2018 work plan and budgeting process.
The Taxi Advisory Committee is not recommending any immediate changes to
taxicab fares, as per Schedule "B".
It is recommended the existing rates remain in place for the remainder of 2017,
and be reviewed in 2018 based on input from the general public and industry
(taxi operators and taxi owners). The Taxi Advisory Committee would then return
to Council with any recommended fare adjustments.
HE
M
SERVICE AND FINANCIAL OUTCOMES
N/A
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The City Solicitor's Office has reviewed the Taxi Advisory Committee's
recommendations and has prepared recommended amendments to A By -Law
Respecting the Regulation and Licensing of Owners and Operators of Taxicabs
in the City of Saint John (see Attachment B).
The City's Taxi Inspector was an active participant in the preparation of this
Council Report and is supporting the City Solicitor's Office in preparing and
reviewing potential By-law amendments.
The Deputy City Manager and the City's Communications Manager have
provided support in efforts to review and amend the Taxi By-law.
ATTACHMENTS
Attachment "A" —Taxi By -Law Update Presentation to Common Council (August
8, 2017)
Attachment "B" — Recommended Amendments to "A By -Law Respecting the
Regulation and Licensing of Owners and Operators of Taxicabs in the City of
Saint John" (By-law M-12)
199
200
i. Background (city staff)
• 2015 and 2oi6 Taxi By -Law Amendments
Z. Taxi By -Law Enforcement and Inspection
Update (Taxi Inspector)
• Current Compliance Issues and Challenges
3. Taxi Advisory Committee Update (chair)
• Observations and Recommendations
4. Overview of Proposed By -Law Amendments
0
(city Staff)
261
The City of Saint John
zoo - Taxi Advisory Committee brought a number of
concerns to Council with respect to the City's Taxi
Industry & Taxicab By-law (NumberM-12):
• Inconsistent cab fares
• High industry turnover
• Tourist/user complaints re: overcharging, lack of local
knowledge, vehicle cleanliness
• Safety concerns re: insufficient background check
requirements
• Vehicles were old, unsafe, deteriorated, poor condition
0
202
The City of Saint John
Taxicab By-law Review Committee was formed
�. Comprehensive consultation process
• Taxi Advisory Committee
• 5 Stakeholder sessions plus Council meetings/updates
Z. Best practice research of municipalities across Canada
Reform Recommendations adopted by Council and By-
law approved reflecting reforms
Two main objectives:
1. Public Safety
• Offences, driving record, training, vehicle req'ts, insurance
Z. Fair and Reasonable Rates
• Fares, standard rates
263
The City of Saint John
Main reforms:
1. Meters
• required for all routes, in all taxicabs
• industry standard technology adopted (Centrodyne)
2. Standardized rates
• set in by-law, based on review of rates across Canada & industry feedback
3. Vehicle age not to exceed 7 years
• implemented gradually over a four year period
By-law Adoption - June 2015
• Transition date of May 31, 2o16 for meters
• Industry had one year to engage the Taxi Advisory Committee
regarding metered rates
• Further industry engagement took place during June 2o16 to address
0
implementation concerns
204
The City of Saint John
Rate Structure as Approved By Council (May 2015)
• Initial Fee: Three Dollars ($3.00) for the first 67 meters of travel (67 meters
= 1/24 mile)
• Distance Rate: Eleven Cents ($0.11) for every 67 meters of travel following
the Initial Fee (this amounts to One Dollar and Sixty Four Cents ($1.64) per
kilometre of travel)
Amended Rate Structure In Keeping With Taxi Industry Feedback
and Recommendations - Approved By Council (July M6)
• Initial Fee: Five Dollars ($5.00) for the first 67 meters of travel (67 meters =
1/24 mile)
- Distance Rate: Seven and Four Tenths Cents ($0.074) for every 67 meters of
travel following the Initial Fee (this amounts to One Dollar and Ten Cents
($1.10) per kilometre of travel)
° 265
The City of Saint John
The Taxi Inspector, Sergeant Mike McCaig, is a member of the
Saint John Police Force
The Taxi Inspector is responsible to ensure that drivers and their
vehicles operate within the rules set out by the By-law.
For more information or to contact the Taxi Inspector visit:
http://www.saintjohn.ca/en/home/cityhaII/pubIicsatety/police/services/iawenf
orcement/trafficunit/taxiinspector.aspx.
The Taxi Inspector's office can be reached at 648-3261 for more
C
information.
0
206
The City of Saint John
On -Going Focus of Taxi Inspector:
•
Licencing requirements.
• Vehicle safety and inspection.
• The use of calibrated meters is a requirement
for all cabs operating in the City of Saint
John.
• Meters must be operational, running and
visible when the cab is in service.
0
267
The City of Saint John
Highlights > 2oi6-17 Transition to Meters:
• The meters approved for use in the City of Saint John are
Centrodyne (an industry standard).
• Meters must be calibrated and sealed by the Taxi Inspector.
• There are currently 149 licensed drivers, 147 licensed and
inspected taxicabs and 13 taxi companies operating in Saint
John.
• Taxi companies range from one (independent cab owner/
operators) to over 50 cabs.
• Rates are stipulated in Schedule "B" of the City's Taxicab By-
0
law.
C 2®a
The City of Saint John
Schedule "B" - By-law NumberM-12:
There shall be a Centrodyne brand Taxicab Meter installed in every Taxicab in the City that shall be calibrated and used to calculate
Metered Rates in accordance with the parameters prescribed in this Schedule to the By-law.
Initial Fee: Five Dollars ($5.00) for the first 67 meters of travel (67 meters = 1/24 mile).
Distance Rate: Seven and Fourth -Tenths of One Cent ($0.074) for every 67 meters of travel following the Initial Fee (this amounts to
One Dollar and Ten Cents ($1.1o) per kilometre of travel).
Waiting Rate: Eight and Three - Tenths of One Cent ($ o. 083) for the passage of every Ten (1o) second period that elapses when
the speed of the Taxicab falls below Twenty (zo) kilometres per hour (KPH).
Additional Passenger: One Dollar ($1. oo) per person aged Six (6) Years and over.
Hourly Rate: Fifty Dollars ($ 50.00) (Taxicab Meter off) by arrangement between the Taxicab Owner/Taxicab Operator and
passenger(s).
Contract Rate: By Taxicab Meter with contract discount by arrangement between Taxicab Owner/Taxicab Operator and client.
Note: No additional fees or charges maybe levied for Baggage Handling or for After Hours/Holiday service.
WE
Current Compliance and Enforcement Challenges:
• Examples of poor vehicle condition (mechanical, operational
and interior cleanliness).
• Meters are not being used/ no consistency in fares.
• Inconsistent application of meters (i.e., start - stop times,
multiple passenger fares, maximum allowable fares).
• The By-law's contract rate provisions are being used to
circumvent the use of metered fares as stipulated in Schedule
«B„
• Roof operating lights are not being used as per industry
standards and By-law requirements.
0
" 210
The City of Saint John
Chair: Richard Lee
The Committee shall promote and encourage service to the public,
professionalism, and the interests of the Taxicab industry. The Committee's
mandate includes serving as a local "voice" for both industry and taxicab users.
The Committee, in cooperation with industry and the general public, may make
recommendations to Common Council respecting:
a) the setting of license fees;
b) the role of the Taxicab industry;
c) any problems in the Taxicab industry;
d) possible changes to By-laws and other statutes relevant to the Taxicab
industry, including changes respecting Schedule "B" and Educational
Requirements.
C
0
211
The City of Saint John
The Taxi Advisory Committee consists of seven (7) voting
members auuointed by Common Council and consists of:
• two citizens who are not involved in the Taxicab industry and have not
been involved in it during the five years prior to their appointment;
• one person who holds a valid Taxicab Owner's License;
• one person who holds a valid Taxicab Operator's License;
• one person who holds either valid Taxicab Operator's License or a
valid Taxicab Owner's License;
• one member of Common Council of the City of Saint John; and
• one member appointed from the Hospitality / Business Community;
Note: the City's Taxi Inspector serves on the Committee in an ex -officio
0
capacity.
212
The City of Saint John
Observations:
It has been over one year since the transition to metered fares, but
unfortunately there remains a lack of compliance within the industry
and general confusion within the public and our visitor (tourist)
communities.
The Taxi By-law requires that meters be installed and turned on but
there is still no uniformity with some companies charging the former
zone rates, some charging amended zone rates, some charging the new
meter rates and others charging a variation of all three.
There remains a lack of consistency in how taxi customers are being
treated in the City of Saint John. Schedule "B" is not being adhered to.
0
2' 13
The City of Saint John
Observations (continued):
It is also apparent that the City's Taxi Inspector lacks the authority to
effectively enforce the intent of some portions of the City's Taxi By-
law.
As such, the Taxi Advisory Committee is recommending certain specific
amendments to the Taxicab By-law.
Immediate Recommendations:
The Taxi Advisory Committee is recommending that:
1. The City's Taxi By-law (M-12) be amended to:
a. Clarify the use of contract provisions.
b. Add greater definition and clarity with respect to the required use
of meters and metered fares (as per Schedule "B").
C. Strengthen the enforcement provisions available to the City's Taxi
Inspector within the By-law.
d. Require licensed taxicabs to have fully operational roof lights.
Z. The City implement a supporting communications effort to educate
and inform the industry and public.
0
2V5
The City of Saint John
Additional Considerations:
1. In cooperation with the Taxi industry, the Taxi Advisory Committee,
Taxi Inspector, and City Staff should revisit plans to create a
permanent taxi industry training program.
2. The Taxi Advisory Committee, Taxi Inspector and City Staff should
establish a Working Group to explore the issues, challenges and
opportunities relating to the introduction of mobile tablet technology
as an alternative option to the Centrodyne meters.
0
2W6
The City of Saint John
Important Note:
The Taxi Advisory Committee is not recommending any immediate
changes to taxicab fares, as per Schedule "B".
It is recommended the existing rates remain in place for the
remainder of 2017, and be reviewed in zoi8 based on input from
the general public and industry (taxi operators and taxi owners).
The Taxi Advisory Committee would then return to Council with
any recommended fare adjustments.
0
2V7
The City of Saint John
Contact Information:
A list of the current Taxi Advisory Committee Members can be found at:
ht�//saintiohn.ca.granicus.com/boards/w/ic8752566a6aoe6b/boards/1252
To contact a Member of the Committee, please email:
taxiadvisorvcommittee@saintiohn.ca or phone 648-3261 (Taxi Inspector's Office)
D•
(A) Clarify the use of "contract rate" provisions:
Since taxicab meters were adopted in May Of 2oi6, the industry has used a
loophole/exception in the definition of "contract rates" as a work -around to using
taxicab meters, which has led to the new metered system being largely
undermined and the old ad hoc zone rate system being largely
perpetuated. Section 8 of the proposed By-law amendments brings clarity to and
sets clear parameters for the "contract rate" provision, bringing it back to its
original intention and putting in place a system that will ensure that such an
exception is not abused. Moreover, Section g of the proposed By-law amendments
clarifies "hourly rates" in order to avoid it being used as the next mechanism for
flouting the adoption of the metered system. See Schedule "E" as well, which will
create a mechanism for the registration of eligible "contract rates" so the Taxicab
Meter can verify the legitimacy of "contract rates" on a case by case basis.
0
The City of Saint John
(6) Add greater definition and clarity with respect to the
required use of meters and metered fares (as per Schedule "6"):
In addition to the inconsistency generated by some drivers not using
meters, there is also inconsistency in how meters are being
utilized. This pertains to when the meter is turned on and shut
off. Section 3 of the proposed By-law amendments is intended to
address this gap and achieve consistency. This will augment what is
proposed in Sections 8 and 9 of the proposed By-law amendments.
(C) Strengthen the enforcement provisions available to the
City's Taxi Inspector within the By-law:
The Taxi Inspector has identified many areas where challenges
were being experienced respecting enforcement. Most notably
was the abuse of the "contract rates" provision. Other provisions
address those instances where the seal on the taxicab meter
becomes broken (see Section 5) or when mechanical issues are
identified (see Section 7), both of which are designed to protect
the integrity of the metered system and the safety of passengers
and drivers.
0
2�1
The City of Saint John
(D) Require licensed taxicabs to have fully operational roof
lights:
Roof lights are a means of quickly identifying whether a taxicab is
available for hire. They can and should be connect to the taxicab
meter in all cases, which means that the light will go on or off
f
depending upon whether the taxicab is in use. This will assist the
public and also assist with enforcement. Sections z and 6 of the
proposed By-law amendments deal with these dimensions.
Taxi By-law Communications:
1. Public Advisories & Community Engagement (City / SJ Police Force).
2. Driver and Industry Engagement (Taxi Inspector and Taxi Advisory
Committee).
3. Enforcement and Compliance Issues (Taxi Inspector).
Phone 648-3261 to contact the Taxi Inspector's Office or the Taxi Advisory
Committee.
0
The City of Saint John
That Common Council give first and second reading to the attached
amendments to the Saint John Taxicab By-law.
That Common Council refer the following two items to the City Manager for
consideration as part of the 2o18 work plan and budgeting process:
i. In cooperation with the Taxi industry, the Taxi Advisory Committee, Taxi
Inspector, and City Staff should revisit plans to create a permanent taxi
industry training program.
2. The Taxi Advisory Committee, Taxi Inspector and City Staff should establish a
Working Group to explore the issues, challenges and opportunities relating to
the introduction of mobile tablet technology as an alternative option to the
Centrodyne meters.
0
2N
The City of Saint John
Gp
BY-LAW NO. M-12
A Law to Amend A By-law respecting the
Regulation and Licensing of Owners and
Operators of Taxicabs in the City of Saint John
ARRETE NO M-12
Arrete Modifiant 1'Arrete portant
reglementation des activites des proprietaires et
exploitants de voitures-taxis et de l'octroi de
permis aux proprietaires et exploitants de taxis
dans The City of Saint John
Be it enacted by the Common Council of Le conseil communal de The City of Saint
The City of Saint John as follows: John d&cr&te ce qui suit :
A By-law of The City of Saint John
entitled "A By-law respecting the Regulation and
Licensing of Owners and Operators of Taxicabs in
the City of Saint John", enacted on the 22nd day of
June, A.D. 2015, is hereby amended as follows:
1. The definition of "Taxicab", as set out in
section 2 of this By-law, is amended by
deleting the words "or trolley" in both
instances and adding the words
immediately after the first reference to
"bus" "(as defined in section 1 of the
Motor Vehicle Act)".
2. Section 9 of this By-law is amended by
deleting the words "(m) Not have the roof
sign of his Taxicab illuminated unless the
Taxicab is at that time available for hire"
and replacing them with the words "(m) At
all times during which a Taxicab is
available for hire, except for when a
Taxicab is occupied by a passenger or
passengers for which a Contract Rate or
Hourly Rate fare is being paid pursuant to
the terms of this By-law, the roof light
shall be on which shall signify its
availability for hire".
3. Section 9 of this By-law is further amended
by adding immediately after subsection
9(o) the words "(p) In all circumstances in
which a Taxicab Meter must be used to
calculate a fare pursuant to the provisions
of this By-law, the Taxicab Meter shall not
Par les pr&sentes, 1'arret6 de The City of
Saint John intitul& « 1'Arret6 portant reglementation
des activites des proprietaires et exploitants de
voitures-taxis et de l'octroi de permis aux
proprietaires et exploitants de taxis dans The City
of Saint John)), decrete le 22 juin 2015, est modifi&
comme suit:
226
1. La definition de « taxi », tel que pr&vu a
Particle 2 du present ARRETE, est modifiee
par 1'adjonction des mots « (tel que d&fini a
Particle 1 de la Loi sur les vehicules a
moteur) » imm&diatement apr&s la
premiere reference a « autobus ».
2. L'article 9 du present ARRETE est modifie
par la suppression des mots «m) s'abstient
d'allumer 1'enseigne lumineuse sur le toit
de son TAXI a moins que le TAXI ne soit
disponible pour le transport de voyageurs »
et leur replacement par les mots « m) en
tout temps lorsque le TAXI est disponible
pour le transport de voyageurs, sauf
lorsqu'un TAxi est occup& par un ou des
passagers pour lequel ou lesquels le prix
d'une course determine par TARIF
CONTRACTUEL ou par TARIF HORAIRE est
pay& en vertu des modalit&s du present
ARRETE, 1'enseigne lumineuse sur le toit
est allum&e, ce qui indique qu'il est
disponible pour le transport des
voyageurs >>.
3. L'article 9 du pr&sent ARRETE est
&galement modifi& par 1'adjonction
imm&diatement apres le paragraphe 9o) des
mots « p) Dans toutes les circonstances ou
un TAXIMETRE doit etre utilis& pour
calculer le prix d'une course en vertu des
be started until all passengers are inside the
Taxicab and all doors of the Taxicab are
closed and shall be stopped immediately
upon the Taxicab having come to a
complete stop at the destination of the
passenger or passengers".
4. Section 9 of this By-law is further amended
by adding immediately after subsection
9(p) the words "(q) Shall, in no
circumstances in which a Taxicab Meter
must be used to calculate a fare pursuant to
the provisions of this By-law, charge a
passenger or passengers a fare that is either
higher or lower than the fare which has
been calculated using the Taxicab Meter"
and
5. Section 9 of this By-law is further amended
by adding immediately after subsection
9(q) the words "(r) Shall, in no
circumstances, tamper or otherwise
interfere with the Taxicab Inspector's
calibration of a Taxicab Meter or break,
damage or otherwise interfere with the seal
affixed to the Taxicab Meter by the
Taxicab Inspector at the time of inspection
or calibration. Any broken or damaged
seal on a Taxicab Meter shall be prima
facie evidence regarding whether the
Taxicab Meter has been tampered or
otherwise interfered with. Notwithstanding
the foregoing, in any circumstance where
the seal affixed to the Taxicab Meter by the
Taxicab Inspector at the time of inspection
or calibration becomes damaged or broken
by accident or inadvertence on the part of a
driver or passenger or as a consequence of
wear and tear over time, which seal should
be examined daily by the Taxicab
Operator, the Taxicab Operator is under a
positive obligation to immediately notify
the Taxicab Inspector so that a follow-up
inspection is performed and, if necessary, a
recalibration of the Taxicab Meter is
carried out by the Taxicab Inspector in
order to protect the integrity of the Taxicab
Meter and passengers."
227
dispositions du present ARRETE, le
TAXIMETRE nest pas demarre avant que
tous les passagers soient a l'interieur du
TAXI et que toutes les portes du TAXI soient
fermees et est immediatement arrete
lorsque le TAXI est immobilise une fois que
le ou les passagers sont arrives a
destination ».
4. L'article 9 du present ARRETE est
egalement modifie par 1'adjonction
immediatement apres le paragraphe 9p) des
mots o q) en aucun cas, lorsqu'un
TAXIMETRE doit est utilise pour calculer le
prix d'une course en vertu des dispositions
du present ARRETE, n'impose au passager
ou aux passagers un prix qui est superieur
ou inferieur an prix qui a ete calcule par le
TAXIMETRE », et
5. L'article 9 du present ARRETE est
egalement modifie par 1'adjonction
immediatement apres le paragraphe 9q) des
mots « r) en aucun cas, n'altere ou
autrement ne porte atteinte au calibrage
d'un TAXIMETRE effectue par
I'INSPECTEUR DES TAXIS, ou ne brise ou
n'endommage ou autrement ne porte
atteinte au sceau appose all TAXIMETRE par
I'INSPECTEUR DES TAXIS lors de
l'inspection ou du calibrage. Tout sceau
brise ou endommage constitue une preuve
prima facie que le TAXIMETRE a ete altere
ou qu'on y a porte atteinte. Nonobstant ce
qui precede, quelles que soient les
circonstances oiu le sceau appose au
TAXIMETRE par I'INSPECTEUR DES TAXIS,
au moment de l'inspection ou du calibrage,
devient endommage ou brise par accident
ou par inadvertance de la part d'un
conducteur ou d'un passager on en
consequence de 1'usure normale, ledit
sceau qui devrait etre examine
quotidiennement par 1'EXPLOITANT DE
TAXI, 1'EXPLOITANT DE TAXI est dans
1'obligation positive d'aviser
immediatement I'INSPECTEUR DES TAXIS
afin qu'une inspection de suivi puisse etre
6. Subsection 10(1) of this By-law is
amended by adding to paragraph 10(1)(g)
the words "The Taxicab Meter shall be
connected at all times to the roof sign of
the Taxicab in which it is installed in such
a way that when the Taxicab Meter is in
use, the roof sign shall not be illuminated
and when the Taxicab Meter is not in use,
the roof sign shall be illuminated. Whether
the roof sign is or is not illuminated while a
Taxicab is occupied by a passenger or
passengers shall be prima facie evidence
regarding whether the Taxicab Meter is or
is not in use at any particular time. At all
times, the illuminated roof sign shall be
free of obstructions and maintained in good
working order by the Taxicab Owner,
complete with a functioning/operable
light", with such amendment taking effect
on May 31 st, 2018.
7. Subsection 12(1) of this By-law is
amended by adding to paragraph 12(1)(b)
the words ", is, at all times, in safe working
order, which shall include but not be
limited to tires with a tread depth not less
than that stipulated under the Motor
Vehicle Act or its corresponding
Regulations.
8. Schedule `B" to this By-law is amended
by deleting the words "Contract Rate: By
Taxicab Meter with contract discount by
arrangement between the Taxicab
Owner/Taxicab Operator and client " and
replacing them with the words "Contract
Rate: By prior written contractual
arrangement between the Taxicab Owner
and any business or corporation, provided
that: (1) the existence of a written
contractual arrangement between the
Taxicab Owner and any business or
corporation seeking to have the benefit of a
Contract Rate is first evidenced by the
228
effectuee et, si necessaire, un nouveau
calibrage du TAXIMLTRE soit effectu& par
1'INSPECTEUR DES TAXIS afin de prot&ger
1'integrite du TAXIMLTRE et des
passagers. »
6. Le paragraphe 10(1) du present ARRLTL est
modifie par 1'adjonction a Palin&a 10(1)g)
des mots « Le TAXIMLTRE est branche en
tout temps a 1'enseigne lumineuse sur le
toit du TAXI dans lequel it est place, d'une
maniere a ce que lorsque le TAXIMLTRE est
en service, 1'enseigne lumineuse sur le toit
soit eteinte, et lorsqu'il n'est pas en
service, 1'enseigne lumineuse sur le toit
soit allumee. Que 1'enseigne lumineuse sur
le toit soit allumee ou eteinte lorsqu'un ou
des passagers se trouvent dans le TAXI
constitue une preuve prima facie selon
laquelle, a quelque moment que ce soit, le
TAXIMLTRE est ou n'est pas en service. En
tout temps, 1'enseigne lumineuse sur le toit
est libre de toute obstruction et elle est
gard&e en bon &tat de fonctionnement par
le PROPRIETAIRE DE TAXI, avec une lumiere
utilisable qui fonctionne », ladite
modification entrera en vigueur le 31 mai
2018.
7. Le paragraphe 12(1) du present ARRLTL est
modifie par 1'adjonction a 1'alin&a 12(1)b)
des mots «, est, en tout temps, en bon &tat
de fonctionnement, ce qui inclut sans s'y
limiter les pneus dont la profondeur de la
rainure n'est pas inferieure aux
specifications prevues dans la Loi sur les
vehicules d moteur ou ses reglements
correspondants.
8. L'annexe « B » du present ARRETL est
modifiee par la suppression des mots
TARIF CONTRACTUEL : Par
TAXIMLTRE avec un rabais contractuel
selon une entente entre le PROPRILTAIRE DE
TAXI et/ou 1'EXPLOITANT DE TAXI et le
client » et leur remplacement par les mots
TARIF CONTRACTUEL : Par une entente
contractuelle prealable par ecrit entre le
PROPRIETAIRE DE TAXI et toute entreprise
ou compagnie, pourvu : 1) qu'il existe une
filing of a completed "Contract Rate Form"
with the Taxicab Inspector on an annual
basis, which appears as Schedule "E" to
this By-law, and (2) each Contract Rate
fare only involves the use of a paper chit as
payment (there shall be no exchange of
cash or any other in -car payment method,
such as credit card or debit card, used to
pay a Contract Rate fare), with the Taxicab
Owner subsequently direct billing the
recipient of a Contract Rate at regular
intervals and on a global basis for all paper
chits collected as payment for fares for a
particular period (for example, if a car
dealership has a Contract Rate with a
Taxicab Owner to provide transportation to
its customers, as evidenced by the filing of
Schedule "E", paper chits will be issued
and used as in -car payment and the car
dealership will later be billed by the
Taxicab Owner at regular intervals for all
Contract Rate fares that were paid using a
paper chit for a particular period). The
paper chit shall identify the name of the
party with whom the Contract Rate exists
respecting each Contract Rate fare as well
as the corresponding Contract Rate
Number that has been assigned by the
Taxicab Inspector. Any fares not paid by a
Contract Rate pursuant to the terms of this
By-law shall be calculated in accordance
with the other provisions of Schedule `B"
using a Taxicab Meter in every instance
with the exception of the Hourly Rate
provision. Any Contract Rate fare that
does not comply with the strict terms of
Schedule `B" shall constitute a violation
of this By -Law on the part of the Taxicab
Owner.
229
entente contractuelle ecrite entre le
PROPRIETAIRE DE TAXI et toute entreprise
ou compagnie qui cherche a se prevaloir
d'un TARIF CONTRACTUEL se traduisant
d'abord par le depot annuel d'un
o FORMULAIRE DE TARIF CONTRACTUEL >>,
qui se trouve a « Fannexe E» du present
ARRETE, aupres de l'INSPECTEUR DES
TAXIS et 2) que le prix de la course
determine par TARIF CONTRACTUEL
implique uniquement Futilisation d'un
coupon en guise de paiement (aucun
echange d'argent nest effectue ou toute
autre methode de paiement qui s'effectue
dans la voiture, tel le paiement par carte de
credit ou la carte de debit, utilisee pour
payer le prix d'une course determine par
TARIF CONTRACTUEL nest utilisee), ofi le
PROPRIETAIRE DE TAXI procedera
ulterieurement A la facturation directe du
beneficiaire d'un TARIF CONTRACTUEL A
intervalles reguliers et, d'une maniere
globale, pour tous les coupons regus A titre
de paiement pour le prix des courses, pour
une periode donne (par exemple, si un
concessionnaire automobile a negocie un
TARIF CONTRACTUEL avec le
PROPRIETAIRE DE TAXI qui fournit le
transport A ses clients, comme le demontre
le depot de « Fannexe E », les coupons
seront emis et utilises en guise de paiement
dans la voiture et le concessionnaire
recevra, A intervalles reguliers, une facture
du PROPRIETAIRE DE TAXI, pour le prix de
toutes les courses determine par TARIF
CONTRACTUEL qui ont ete payes avec des
coupons pour une periode donne). Le
coupon specifie le nom de la partie qui
beneficie d'un TARIF CONTRACTUEL,
respectant chaque TARIF CONTRACTUEL
pour le prix d'une course, ainsi que le
NUMERO DE TARIF CONTRACTUEL
correspondant qui a ete attribue par
1'INSPECTEUR DES TAXIS. Tout prix d'une
course qui nest pas paye par TARIF
CONTRACTUEL en vertu des termes du
present ARRETE est calcule conformement
aux autres dispositions de « Fannexe B »,
par Futilisation, dans tous les cas, d'un
TAXIMETRE, A Pexception des dispositions
qui regissent le TARIF HORAIRE. Tout prix
9. Schedule "B" to this By-law is further
amended by deleting the words "Hourly
Rate: Fifty Dollars ($50.00) (Taxicab
Meter off) by arrangement between the
Taxicab Owner/Taxicab Operator and
passenger(s)" and replacing them with the
words "Hourly Rate: an hourly rate of Fifty
Dollars ($50.00) (Taxicab Meter off) may
be charged by arrangement between the
Taxicab Owner/Taxicab Operator and
passenger(s). Under this By-law, an hourly
rate can only be charged by arrangement
for periods of travel of One (1) hour or
longer in duration. Rates for periods of
travel of less than One (1) hour in duration
shall be calculated by Taxicab Meter unless
the Contract Rate provision of this By-law
applies."
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 signed by:
Mayor /Maire
d'une course determine par TARIF
CONTRACTUEL qui ne respecte pas les
termes stricts de « Fannexe B » constitue
une violation du present ARRLTL de la part
du PROPRIETAIRE DE TAXI.
9. « L'annexe B » du present ARRLTL est
egalement modifiee par la suppression des
mots « TAUX HORAIRE : Cinquante dollars
(50 $) (TAXIMETRE eteint) par entente entre
le PROPFATAIRE DE TAXI et/ou
FEXPLOITANT DE TAXI et le ou les
passagers » et leur remplacement par les
mots « Taux horaire : un taux horaire de
cinquante dollars (50 $) (TAXIMtTRE
eteint) peut etre facture par entente entre le
PROPRIETAIRE DE TAXI et/ou FEXPLOITANT
DE TAXI et le on les passagers. En vertu du
present ARR -TE, UN TAUX HORAIRE peut
etre seulement facture par entente pour des
voyages d'une duree d'une (1) heure on
plus. Les taux pour des voyages d'une
duree inferieure a une (1) heure sont
calcules par TAXIMtTRE sauf si la
disposition relative an TARIF
CONTRACTUEL s'applique. »
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 - Premiere lecture
Second Reading - Deuxieme lecture
Third Reading - Troisieme lecture
230
231
:Yy.l0411ilPMDU
CONTRACT RATE FORM
, a Taxicab Owner duly licensed pursuant to
the terms of By-law Number M-12 - A By-law respecting the Regulation and Licensing of
Owners and Operators of Taxicabs in the City of Saint John, hereby certifies that a written
contract exists between and
a business or corporation,
under which the former provides to the latter taxicab services pursuant to a Contract Rate, as that
term is used in the aforementioned By-law. In completing this form, it is also hereby certified
that Contract Rate fares are only paid using paper chits that fully conform to the requirements of
the aforementioned By-law and that no other payment mechanism, in -car or otherwise, is to be
used for the payment of Contract Rate fares.
Upon the filing of a Contract Rate Form with the Taxicab Inspector, the Taxicab Inspector shall
assign a corresponding Contract Rate Number, which shall subsequently be recorded on every
paper chit that is used as payment for a Contract Rate fare.
Dated this day of 520
Taxicab Owner
232
Contract Rate Recipient
ENO X1:4BMon
FORMULAIRE DE TARIF CONTRACTUEL
, un PROPRIETAIRE DE TAXI, dument autorise en
vertu des termes de Farrete numero M-12 — Arrete portant riglementation des activites des
proprietaires et exploitants de voitures-taxis et de Poctroi de permis aux proprietaires et
exploitants de tams dans The City of Saint John, certifie par la presente qu'un contrat ecrit
existe entre et
une entreprise ou une
compagnie, en vertu duquel le premier fournit au second un service de taxi conformement a un
TARIF CONTRACTUEL, tel que ce terme est utilise dans FARRETE susmentionne. En remplissant ce
formulaire, it est aussi certifi& par la presente que le prix des courses determine par tarif
contractuel est uniquement pay& par Putilisation de coupons qui se conforment pleinement aux
exigences de FARRETE susmentionne et qu'aucun autre m&canisme de paiement, que ce soit dans
la voiture ou autrement, nest utilise pour le paiement du prix des courses determine par tarif
contractuel.
Apr&s le depot d'un FORMULAIRE DE TARIF CONTRACTUEL aupres de FINSPECTEUR DES TAXIS,
FINSPECTEUR DES TAXIS attribue un numero de tarif contractuel qui sera par la suite inscrit sur
chaque coupon utilise en guise de paiement pour le prix d'une course determine par tarif
contractuel.
Fait ce jour de/d' 120
Propri&taire de taxi B&n&ficiaire du tarif contractuel
233
From: Lawlor, Tanya
Sent: July -22-17 11:35 PM
Subject: FW: 2ND ANNUAL TEE OFF FOR MENTAL HEALTH GOLF TOURNAMENT
Good Day Everyone,
The organizing Committee for the SJPF Tee Off for Mental Health Golf tournament are excited to
announce that plans are well underway for our second annual golf event on Friday, September 29th,
2017 at Rockwood Park. Once again, this important day is in support of the Saint John office of the
Canadian Mental Health Association of New Brunswick and the Saint John Police Force's Total Balance
Wellness Committee.
Last year, we raised close to $20,000 through the combined support of teams and local
businesses. Their gifts played an integral part in the Committee's fundraising efforts and we are
inviting you to be part in this annual event.
The need for mental wellness programs continues to climb and we are even more committed to bringing
awareness and financial assistance to fund these valuable programs. We are hoping we can count on
your continued support to join us in our cause.
Should you wish to support our event in other ways, we are offering several sponsorship levels, which
are:
Presenting Sponsor - $15,000
Gold Sponsor - $10,000
Silver Sponsor - $5,000
Bronze Sponsor - $2,500
Hole Sponsor - $1,000.00
Hole plus Team - $1500
Team Registration - $600
Of course, donations of any amount (monetary, prize or otherwise) would be accepted and greatly
appreciated.
Please visit our tournament website at: http://www.sapoliceteeoff.ca for event information and
announcements.
We thank you in advance for your generosity and look forward to seeing you.
PLEASE NOTE: START TIME IS 10:00 AM
Sincerely,
110gf, TwHyw Lawoof
"Total Balance Wellness Committee"
234
Wellness for Mind Body and Soul
TOTAL BALANCE WELLNESS COMMITTEE
235
This Fall the Saint John Police Force is hosting it's second annual golf tournament at the Rockwood Gaff Course.
On September 29,2017 members of the community will have the oplortunity to take part in a fundraising effort
to support the Canadian Mental Health Association of New Brunswick, Saint John office, and the
SJPF Total BalanceWellnessCommittee.
The Purpose of ourevent is to bring awareness to an issue that affects us all as individuals, families, and society
.. .. . . .. ..... . ..
236
August 23,d, 2017
15 Market Square
PO Box 1971
Saint John, NB
E2L AL1
Attention: (Mayor Don Darling & Council
Dear Mayor & Council;
Re: New Year's Eve Celebrations 2018
Sooner than one might imagine, hearts and souls will light up with
the warmth and joy of the most wonderful time of the year, and
children will be bursting with anticipation of a magical visit. To top
off all of our community's joyous celebrations is our New Year's
Eve festivities.
Each year, families from all over our region gather in the Arts &
Culture District, Uptown Saint John, to see our spectacular
fireworks show, which lights up the Saint John skyline. Along with
live entertainment, activities for the whole family to enjoy, and
festive giveaways, this year promises to be our region's most
active to date!
As always, Saint John's New Year's Eve festivities are provided at no
charge to our citizens. In order to provide the highest of both quality and quantities
to our citizens, we would greatly value a contribution from your organization. Your financial
support will help to provide that priceless feeling of warmth as we gather with family and friends,
neighbors and strangers alike, rejoicing in the promise of a new year.
In appreciation for your partnership, we will promote your business throughout the New Year's
Eve promotions and event via print, radio, and social mediums. In this fashion, your business
garners high-profile placement in heavily trafficked areas that extends beyond conventional
advertising and demonstrates your support of our community - the gift that keeps on giving.
Thank you for your anticipated collaboration in providing one of the most cherished and
memorable parts of Saint John's New Year's Eve festivities. We would appreciate confirmation
of your contribution at your earliest convenience so that we may coordinate the highest caliber
event possible!
Yours very truly,
The Hardmc[ Group Limited
.f
Heather Peterson
Regional Property Manager
237
RECSCP��`EID.-
AUG 2 5 2011
CANADA 150 PARTNER $5,000
✓ Recognition as Canada 150 Partner in all advertising pre, during, and post event
✓ Banners/signage displayed, boardwalk and interior
✓ Logo placement on event website
✓ Web link to your company website
✓ VIP seating for four guests and $500 in gift certificates
✓ Recognition by Emcee as Canada 150 Partner throughout evening
✓ Exhibit opportunity available to your company during the event
✓ Opportunity to introduce headlining band and engage with crowd onstage
FIRE PARTNER
$3,000
✓ Recognition as Fire Partner in advertising pre, during and post event
✓ Logo placement on event website
✓ Web link to your company website
✓ VIP seating for four guests and $300 in gift certificates
ICE PARTNER
$1,500
✓ Recognition as Ice Partner on signage during and post event
✓ Logo placement on event website
✓ VIP seating for four guests and $150 in gift certificates
✓ Web link to your company website
EVENT PARTNER
$1,000
✓ Recognition as Event Partner on signage during and post event
✓ VIP seating for four guests and $150 in gift certificates
✓ Logo placement on event website
COMMUNITY PARTNER $500
✓ Recognition as Community Partner on signage during and post event
✓ Logo placement on event website
FRIEND $250
✓ Logo placement on event website
238
Thank you for your contribution to the 2018 Saint John and surrounding area
New Year's Eve Celebrations, and the continued development of our
community.
Please indicate your level of sponsorship:
❑ CANADA 150 PARTNER $5,000.00
❑ FIRE PARTNER $3,000.00
❑ ICE PARTNER $1,500.00
❑ EVENT PARTNER $1,000,00
❑ COMMUNITY PARTNER $500.00
❑ FRIEND $250.00
❑ OTHERIINKIND
Please make cheques payable to:
The Hardman Group Limited
One Market Square
Saint John, NB
E2L 4Z6
Please forward this form via fax to (506) 658-3605, email to
jhamer@hardmangroup,ca or mail to the above address with your payment,
For more information or any questions please contact (506) 658-3600.
Please indicate contact information below:
Business Name:
Contact Name:
Mailing Address:
Email:
Phone:
239
«A»
. NEW BRUNSWICK
ENERGY & UTILITIES BOARD
COMMISSION DE L'tNERGIE ET DES SERVICES PUBLICS
,..�n NOUVEAU -BRUNSWICK
Application to Operate a New Scheduled Public Motor Bus Service
between the communities of Saint John and St. Stephen
NOTICE
The New Brunswick Energy and Utilities Board (Board) has received an application
from Coach Atlantic Transportation Group Inc. (Applicant) to amend its approved
routes and schedules in order to operate a new scheduled public motor bus service
between the communities of Saint John, N.B. and St. Stephen, N.B., as a pilot project
with a fixed end date. The Applicant operates its public motor bus service under the name
Maritime Bus.
The Application, the proposed schedule and other supporting documents may be viewed
on the Board's website at www.nbeub.ca as Matter No. 372.
1. Interested parties may provide written comments to the Board by using the
contact information below. Please refer to Matter 372 in your correspondence.
2. Written comments must be received on or before Thursday, August 31, 2017.
Interested parties must:
a) Provide their contact information and indicate their language of
choice-, and
b) Indicate if they support or oppose the Application with supporting
reasons.
3. After written comments have been received, interested parties may offer
written replies on the comments received, on or before Tuesday, September
5, 2017.
4. If the comments filed with the Board are substantive in nature, the Board may
schedule an oral hearing with respect to the Application. If an oral hearing is
required, parties who have provided written comments will be advised of the
hearing date.
240
-2 -
Board Contact Information:
New Brunswick Energy and Utilities Board
P.O. Box 5001
Suite 1400, 15 Market Square
Saint John, NB E2L 4Y9
Telephone: (506) 658-2504
Toll Free: 1-866-766-2782
Fax: (506) 643-7300
E -Mail: eneral nbeub.ca
Website: www.nbeub.ca
241
A»
COMMISSION DB L'ENERGIE ET LIES SERVICES PUBLICS
NOUVEAU -BRUNSWICK
NEW BRUNSWICK
ENERGY & UTILITIES BOARD
Demande visant ['exploitation d'un nouveau service d'autobus publics regu[ier
entre les communautes de Saint John et St. Stephen
AVIS
La Commission de I'energie et des services publics du Nouveau -Brunswick
(Commission) a requ une demande de Coach Atlantic Transportation Group Inc.
(demanderesse) visant I'approbation de is modification de ses trajets et horaires
approuves afin d'exploiter un nouveau service d'autobus publics regulier entre les
communautes de Saint John (N. -B.) et St. Stephen (N. -B.) en tant que projet pilote avec
une certaine date d'echeance. La demanderesse exploite son service d'autobus
publics sous le nom Maritime Bus.
La demande, I'horaire propose et les autres preuves a I'appui sont affichees sur le site
Web de la Commission a I'adresse www.cespnb.ca sous ('instance no 372.
1. Les parties interessees peuvent fournir leurs commentaires ecrits a la
Commission en utilisant les coordonnees ci-dessous. Veuiiiez faire reference
a ]'Instance no 372 dans votre correspondance.
2. Les commentaires ecrits doivent etre rebus le ou avant jeudi, le 31 ao0t 2017.
Les parties interessees sont tenues de :
a) fournir leurs coordonnees et indiquer la langue de leur choix; et
b) indiquer s'ils appuient ou opposent la demande et fournir leurs
raisons.
3. Suivant le depot de ces commentaires, les parties interessees auront
['occasion de fournir des commentaires ecrits supplementaires ie ou avant
mardi, le 5 septembre 2017.
242
yR
4. Si des commentaires de fond sont deposes aupres de fa Commission, celle-ci
pourrait tenir une audience orale concernant la demande. Si une audience orale
est requise, les parties qui auront fourni des commentaires 6crits seront informees
de la date de I'audience.
Coordonnees de la Commission:
Commission de 1'6nergie et des services publics du Nouveau -Brunswick
C. P. 5001
Bureau 1400, 15 Market Square
Saint John (N. -B.) E2L 4Y9
T61ephone : 506-658-2504
Sans Frais : 1-866-766-2782
T616copieur : 506-643-7300
Courriel : -general a_cespnb.ca
Site Web: www.ces nb.ca
243
August 23, 2017
Mayor and Common Council
City of Saint John
PO Box 1971
Saint John, NB
E2L 41-1
Mayor Darling, Deputy Mayor and Councillors:
Subject: Annual General Meeting — Pension Board of Trustees
As mandated in article 2.5(e) of the City of Saint John Shared Risk Plan Declaration of Trust, the annual
general meeting of the Board of Trustees will be held on Wed^esday, September 27, 2017 at 1:00 p.m.
in the gth Floor Boardroom of City Hall.
Please confirm attendance and the name of the individual who swill be attending on behalf of the Mayor
and Common Council by Wednesday, September 20, 2017 by rasponding to Kelly Tibbits at the Common
Clerks Office, email kelly.tibbits@saintiohn.ca _
Sincerely,
Fred Slipp
Chair
City of Saint John Shared Risk Plan
Board of Trustees City of Saint John P.O. Box 1971,15 Market Square
Shared Risk Pension Plan Saint John, N.B. E21- 4L1
506-658-2862
f► —11
The City of Saint John
September 8, 2017
Deputy Mayor and Councillors
Subject: Arena Canteen Operators
The Committee of the Whole, having met on September 5, 2017, made the following
recommendation:
RESOLVED that Committee of the Whole, having met on September 5, 2017, recommends the
City enter into agreements for canteen services at the Stewart Hurley Arena, Charles Gorman
Arena, Hilton Belyea Arena, and Peter Murray Arena in accordance with the respective vendors
chosen through the Request for Proposals process described in M&C 2017-230, facilitated by
Materials Management, and that the Mayor and Common Clerk be authorized to execute said
agreements.
Sincerely,
Don Darling
Mayor
&UNT J(:lI N RO, Box 1971 �a�iu� ���aui7, Nil Canada E?-L4L1 CA VYI SJIr t]OhU, NAGOnE L FLI &I
245
JI,
r _
The City of saint John
September 8, 2017
Deputy Mayor and Councillors
Subject: Tri -City Partnership
The Committee of the Whole, having met on September 5, 2017, made the following
recommendation:
RESOLVED that Committee of the Whole, having met on September 5, 2017, recommends that
Common Council:
1. Endorse the City of Saint John's participation in a tri -city partnership with the Cities of
Moncton and Fredericton as per the Memorandum of Understanding as submitted in
Attachment A;
2. Authorize the Mayor and Clerk to execute the agreement.
Sincerely,
Don Darling
Mayor
SAINT POINN
I6N). �kw 19A &*-..1:10 iY , NK CariMa LAALI I 'lPnyw..`.iinijoh Axa I C.P. FYI Saiz ohri, N. B. GAP'Aa F%411
246
Meeting Date I September 05, 2017
Deputy Mayor McAlary and Councillors,
Subject: J. Bezanson Letter re Donation for New City Hall
RESOLVED that Committee of the Whole, having met on September 5, 2017, Common Council receive, the
letter from J. Bezanson regarding a donation for a new City Hall, for information.
Sincerely,
Don Darling
Mayor
lr _
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
247
JIM H. BEZANSON
16 August, 2017
r , C,, E[ ED;
AUG 17 2017
r
Mayor Darling and
Members of Common Council
P Floor City Hall
Saint John, NB
$1,000,000. Donation for City Hall Building
I understand that the City of Saint John is exploring options for an alternate location for
City Hall. As well as `floor space' it is important that a City Hall building, be a symbol
that reflects the values and aspirations of its citizens, which is demonstrated by each of
you, as a civic leader. I hope that Council shares my vision of a Saint John that
continues building on its architectural legacy created over the past 232 years, while
proudly developing for our prosperous future.
We are fortunate that the former County Courthouse on Sydney Street is available. This
iconic nationally significant symbol for Saint John is ready for reuse. With an addition at
the rear this would be a very appropriate new, City Hall.
I offer to donate to the citizens of our City, up to $1,000,000 (one million dollars) toward
the acquisition and development, of the former Saint John County Courthouse, at 24
Sydney Street, for use as a new, City Hall for Saint John. Please instruct appropriate staff
to contact me, if you wish to accept this donation.
Sine rely,
Ji H. Bezanson
116 WENTWORTH STREET, SAINT JOHN, N.B. E2L 2S4 (506) 642-3363
*11