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2008-07-07_Agenda Packet--Dossier de l'ordre du jour (2)�1 �i 0 City of Saint John Common Council Meeting Monday, July 07, 2008 Committee of the Whole 1. Call to Order 5:00 p.m. 1.1 Employment Matter 10.2(4)(b,j) 1.2 Employment Matter 10.2(4)(b,j) 13 Employment Matter 10.2(4)(b,j) 1.4 Employment Matter 10.2(4)(b,j) 1.5 Personal/Procedural Matter Regular Meeting 1. Call to Order — Prayer 7:00 p.m. 2. Approval of Minutes 2.1 Minutes from Swearing in Ceremony May 26, 2008 2.2 Minutes from Council Meeting June 23, 2008 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Uptown Saint John Supporting Skateboard Park (Recommendation: Receive for Information) 5.2 Saint John Art Club - Sculptures (Recommendation: Refer to Saint John Art Advisory Board) 5.3 PRUDE Inc (Recommendation: Mayor to Write Letter of Support) 5.4 Enterprise SJ Request to Present (Recommendation: Refer to Clerk to Schedule) 5.5 Enterprise SJ Changes to Letters Patent (Recommendation: Refer to City Solicitor) 5.6 Urban Core Support Network Request to Present (Recommendation: Refer to Clerk to Schedule) 5.7 Enterprise SJ Nominations (Recommendation: Refer to Nominating Committee) 5.8 Collection of Residential Solid Waste (Recommendation in Report) 5.9 Contract 2008 -01 Westgate Park Sanitary Forcemain Renewal and Installation of Gravity Overflow (Recommendation in Report) 5.10 Administration Accountability Transaction (Recommendation: Receive for information) 5.11 Closure of Blue Rock St (Recommendation in Report) 1 5.12 Proposed Public Hearing Date Blue Rock Court 20 Alma St and 2 First St East (Recommendation in Report) 5.13 Cancellation of Public Hearing 3795 Loch Lomond Rd (Recommendation in Report) 5.14 Sale of Goldsworthy Road Parcel PID 340570 (Recommendation in Report) 5.15 Award of Contract for Shamrock Park Master Plan (Recommendation in Report) 5.16 Engineering Design Services North of Union Infrastructure Upgrades (Recommendation in Report) 5.17 Lease 117 Union Street (Recommendation in Report) 5.18 Tax Dollars for Ocean Westway (Recommendation: Receive for information) 5.19 Garbage Collection (Recommendation: Refer to City Manager) 5.20 ILA Request to Present (Recommendation: Refer to Clerk to Schedule) 5.21 Flemming Court Project Update (Recommendation in Report) 5.22 Air Conditioning Unit for City Technology Data Center City Hall 9th Floor (Recommendation in Report) 6. Members Comments 7. Proclamation 8. Delegations/ Presentations 9. Public Hearings 7:00 p.m. 9.1(a) Proposed Zoning By Law Amendment 640 Hillcrest Rd 9.1(b) Planning Advisory Committee Recommending Rezoning 640 Hillcrest Rd 9.2(a) Proposed Zoning By Law Amendment 7 Pokiok Rd 9.2(b) Planning Advisory Committee Recommending Proposed Rezoning 7 Pokiok Rd 10. Consideration of By -laws 10.1(a) Third Reading 79 -81 Clovelly Dr 10.1)b) Section 39 Conditions 11. Submissions by Council Members 11.0 Traffic Lights on Rothesay Ave (Mayor Court) 11.1 Industrial Expansion Impact on Municipal Services (Councillor Farren)(Tabled June 23, 2008) 11.2 Public Transportation Fuel Tax (Councillor Titus))(Tabled June 23, 2008) 113 Absence from Council Meeting (Councillor Killen) 11.4 Absence from Council Meeting (Councillor Sullivan) 11.5 Land Banking Reports (Councillor Sullivan) 11.6 Safe Communities & Neighbourhood Legislation (Councillor Snook) 12. Business Matters - Municipal Officers 12.1 Assistant Common Clerk Appointment 12.2 Phase I Fairville Blvd Simms Corner Bridge Rd Corridor 12.3 Enbridge Gas New Brunswick Inc Street Rehabilitation 12.4 Skate Park Final Authorizations 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Urban Core Support Network Request to Attend Workshop 16. Adjournment 93- COMMON COUNCIL /REUNION DU CONSEIL MAY 26, 2008 /LE 26 MAI, 2008 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — May 26'h, 20081h, 7:00 PM At the meeting of the Common Council held at City Hall in The City of Saint John, on Monday, the 26th day of May A.D. 2008, at 7:00 o'clock p.m., the day fixed for swearing in the new members of Common Council, An Honour Guard of the Saint John Police Force was present in the Council Chamber. Mark Wilson, Piper, entered the Council Chamber, followed in procession by Patricia Anglin, Sergeant -at Mace; Elizabeth Gormley, Common Clerk; Councillors - elect: Chris Titus, Peter McGuire, Donnie Snook, Bruce Court, Stephen Chase, Joe Mott, Gary Sullivan, Carl Killen, William Farren and Mayor - elect, Ivan Court escorted by Chief of Police Al Bodechon. SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN A L'HOTEL DE VILLE LE 26 MAI 2008, A 19 H 00 Reunion du conseil communal qui a eu lieu a I'h6tel de ville de The City of Saint John, le Iundi 26 mai 2008 a 19 h, le jour fixe pour la ceremonie d'assermentation des nouveaux membres du conseil communal. Un garde d'honneur du service de police de Saint John est present dans la salle du conseil. Mark Wilson, le cornemuseur, entre dans la salle, suivi de Patricia Anglin, la sergent d'armes portant la masse; Elizabeth Gormley, la greffiere communale; les conseillers designes Chris Titus, Peter McGuire, Donnie Snook, Bruce Court, Stephen Chase, Joe Mott, Gary Sullivan, Carl Killen, William Farren et le maire designe Ivan Court, sous 1'escorte du chef de police Al Bodechon. 1. National Anthem Elizabeth Cormier performed the National Anthem. 1. Hymne national Elizabeth Cormier chante I'hymne national 2. Oath of Office to Mayor Ivan Court, Mayor - elect, took the Oath of Office of Mayor before the Common Clerk of The City of Saint John. 2. Assermentation du maire Ivan Court, le maire designe, prete le serment du maire devant la greffiere communale de The City of Saint John. 3. Oath of Office to Councillors Chris Titus, Peter McGuire, Donnie Snook, Bruce Court, Stephen Chase, Joe Mott, Gary Sullivan, Carl Killen and William Farren individually took the Oath of Office of Councillor before the Common Clerk and, preceded by the Mayor, took their seats at the Council table. Also present were T. Totten, City Manager; J. Nugent, City Solicitor; P. Groody, Commissioner of Municipal Operations; Ken Forrest, Commissioner of Planning and Development; and R. Simonds, Fire Chief. 3. Assermentation des conseillers Chris Titus, Peter McGuire, Donnie Snook, Bruce Court, Stephen Chase, Joe Mott, Gary Sullivan, Carl Killen et William Farren pretent individuellement le serment de conseiller devant la greffiere communale et, precedes par le maire, prennent leurs places au bureau de la salle du conseil. Sont presents egalement T. Totten, directeur general; J. Nugent, avocat municipal; P. Groody, commissaire aux operations municipales; Ken Forrest, commissaire a l'urbanisme et au developpement et R. Simonds, chef du service d'incendie. 93- COMMON COUNCIL /REUNION DU CONSEIL MAY 26, 2008 /1-E 26 MAI, 2008 4. Meeting Called to Order- Prayer Mayor Court called the meeting to order. 4. Ouverture de la seance — priere La seance est ouverte par le maire Court. 5. Invocation Msgr. B. Sheehan, Our Lady of Assumption Church offered the opening prayer. 5. Invocation Msgr. B. Sheehan de I'eglise Our Lady of the Assumption recite la priere d'ouverture. 6. Election of Deputy Mayor On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that Stephen Chase be elected Deputy Mayor of The City of Saint John. Question being taken, the motion was carried. Congratulations were extended to Councillor Chase on his election to the position of Deputy Mayor. 6. Nomination du maire suppleant Proposition du conseiller Farren Appuyee par le conseiller McGuire QUE Steven Chase soit nomme au poste de maire suppleant de The City of Saint John. A I'issue du vote, la proposition est adoptee. Le conseil felicite le conseiller Chase de sa nomination au poste de maire suppleant. 7. Address by the Mayor Mayor Ivan Court addressed Council with a brief statement. 7. Discours du maire Le maire Ivan Court fait une breve declaration devant le conseil. 8. Remarks by Councillors Councillors made brief comments related to their new roles. 8. Commentaires formules par les conseillers Les conseillers commentent brievement Ieurs nouveaux roles. 9. Adjournment The Mayor adjourned the meeting at 8:00 p.m. and invited those present to attend a reception in the Ludlow Room on the 8t" Floor of City Hall. 9. Cloture de la seance Le maire declare que la seance est levee a 20 h 00 et invite Ies personnes presentes a assister a la reception suivant la reunion dans la salle Ludlow au 8e etage de I'hotel de ville. 5 93- COMMON COUNCIL /REUNION DU CONSEIL MAY 26, 2008 /LE 26 MAI, 2008 Mayor /maire Common Clerk/greffiere communale 93- COMMON COUNCIL / CONSEIL COMMUNAL June 23, 2008 /Le 23 juin 2008 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — June 23, 2008 7:00 P.M. present Ivan Court, Mayor Deputy Mayor Chase and Councillors Court, Killen, McGuire, Mott, Snook and Sullivan -and - T. Totten, City Manager; J. Nugent, City Solicitor; Greg Yeomans, Commissioner of Finance and Treasurer; P. Groody, Commissioner of Municipal Operations; K. Forrest, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; A. Beckett, Deputy City Manager; A. Bodechon, Chief of Police; M. Gillen, Deputy Fire Chief, B. Morrison, Commissioner of Leisure Services and E. Gormley, Common Clerk. SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN A L'HOTEL DE VILLE, LE 23 JUIN 2008 A 19 H Sont presents : Ivan Court, maire le maire suppleant Chase et les conseillers Court, Killen, McGuire, Mott, Snook et Sullivan et T. Totten, directeur general; J. Nugent, avocat municipal; Greg Yeomans, commissaire aux finances et tresorier; P. Groody, commissaire aux operations municipales, K. Forrest, commissaire a I'urbanisme et au developpement; W. Edwards, commissaire aux services d'inspection et des batiments; A. Beckett, directeur general adjoint; A. Bodechon, chef de police; M. Gillen, chef du service d'incendie, B. Morrison, commissaire aux services des loisirs et E. Gormley, greffiere communale. Call To Order — Prayer Mayor Court called the meeting to order and Councillor Snook offered the opening prayer. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire Court, et le conseiller Snook recite la priere d'ouverture. 2. Approval of Minutes On motion of Councillor Sullivan Seconded by Councillor Mott RESOLVED that the minutes of the meeting of Common Council, held on June 9 & 10, 2008, be approved. Question being taken, the motion was carried. 2. Approbation du proces- verbal Proposition du conseiller Sullivan Appuyee par le conseiller Mott RESOLU que le proces- verbal de la seance du conseil communal tenue les 9 et 10 juin 2008 soit approuve. A I'issue du vote, la proposition est adoptee. 93- COMMON COUNCIL /CONSEIL COMMUNAL June 23, 2008 /Le 23 juin 2008 3. Approval of Agenda On motion of Deputy Mayor Chase Seconded by Councillor McGuire RESOLVED that the agenda of this meeting be approved with the addition of 10.1(a) Section 39 conditions, 50 Newport Crescent; 10.2(a) Section 39 conditions 646 George Street; 10.4(a) Section 39 conditions 47 -55 Golden Grove Road; Revised report for 5.18; 13.5 Committee of the Whole Report Employment Contract and 13.6 Committee of the Whole Appointments to Committees Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition du maire suppleant Chase Appuyee par le conseiller McGuire RESOLU que I'ordre du jour de la presente seance soit adopte, moyennant I'ajout des points 10.1a) Conditions imposees par I'article 39 visant le 50, croissant Newport; 10.2a) Conditions imposees par I'article 39 visant le 646, rue George; 10.4a) Conditions imposees par I'article 39 visant le 47 -55, chemin Golden Grove; 5.18 Rapport revise; 13.5 Rapport du comite plenier — Contrat de travail et 13.6 Comite plenier sur Ies nominations pour sieger aux comites. A ('issue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest 4. Divulgations de conflits d'interets 9. Public Hearings 7:00 P.M. 9.1(a) Proposed Zoning By -Law Amendment 79 -81 Clovelly Drive 9.1(b) Planning Advisory Committee Recommending the Rezoning The Common Clerk advised that the necessary advertising was completed with regard to the proposed re- zoning of a parcel of land located at 79 -81 Clovelly Drive, having an area of 730 square meters, also identified as being PID Number 00370858 from "R -2" One and Two Family Residential to "R -4" Four Family Residential. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its June 17, 2008 meeting at which the Committee decided to recommend approval as set out in the staff recommendation, to re -zone a parcel of land located at 79 -81 Clovelly Drive as described above. 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 present. On motion of Deputy Mayor Chase Seconded by Councillor McGuire RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" re- zoning a parcel of land with an area of approximately 730 square meters, also identified as being PID Number 00370858 from "R -2" One and Two Family Residential to "R -4" Four Family Residential classification, be read a first time. Question being taken, the motion was 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 ". On motion of Councillor Killen Seconded by Councilor Sullivan RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" re- zoning a parcel of land with an area of approximately 730 square meters, also identified as being PID Number 00370858 from "R -2" One and Two Family Residential to "R -4" Four Family Residential classification, be read a second time. 93- COMMON COUNCIL /CONSEIL COMMUNAL June 23, 2008 /Le 23 juin 2008 Question being taken, the motion was 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. Audiences publiques a 19 h 9.1a) Projet de modification de I'arrete de zonage visant le 79-81, promenade Clovelly 9.1b) Comite consultatif d'urbanisme recommandant le rezonage La greffiere communale indique que les avis requis ont ete publies relativement au projet de modification du zonage d'une parcelle de terrain situee au 79 -81, promenade Clovelly d'une superficie de 730 metres carres et inscrite sous le NID 00370858, pour faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone residentielle — habitations de quatre Iogements « R -4 ». Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie lors de la seance du 17 juin 2008, a laquelle le comite a resolu de recommander I'approbation de la proposition, comme le souligne la recommandation du personnel, voulant que le conseil communal procede au rezonage de la parcelle de terrain susmentionnee situee au 79 -81, promenade Clovelly. Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite le public a se prononcer en faveur du rezonage, mais personne ne prend la parole. Proposition du maire suppleant Chase Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete sur le zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 730 metres carres et inscrite sous le NID 00370858, pour faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone residentielle — habitations de quatre Iogements « R -4 », fasse l'objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de 1'arrete intitule «Arrete modifiant 1'arrete de zonage de The City of Saint John ». Proposition du conseiller Killen Appuyee par le conseiller Sullivan RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete sur le zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 730 metres carres et inscrite sous le NID 00370858, pour faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone residentielle — habitations de quatre Iogements « R -4 », fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de 1'arrete intitule « Arrete modifiant 1'arrete de zonage de The City of Saint John ». 12. Business Matters - Municipal Officers 12.1 Requested Sale of Lantic Sugar Site — Development on Long Wharf Referring to his submitted report, the City Manager reviewed the proposed development on Long Wharf and the sale of the Lantic Sugar site and recommended the sale of the property. On motion of Councillor Sullivan Seconded by Councillor McGuire RESOLVED that the report on the Requested Sale of the Lantic Sugar Site be tabled until August 18, 2008. 93- COMMON COUNCIL /CONSEIL COMMUNAL June 23, 2008 /Le 23 juin 2008 Question being taken, the motion was carried, with Councillor McGuire voting nay. (Councillor Snook withdrew from the meeting.) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Vente demandee de 1'emplacement de Sucre Lantic — Amenagement dans la region de Long Wharf Se reportant a son rapport presente anterieurement, le directeur general examine le projet d'amenagement dans la region de Long Wharf et la vente de 1'emplacement de Sucre Lantic et recommande la vente du bien- fonds. Proposition du conseiller Sullivan Appuyee par le conseiller McGuire RESOLU que le compte rendu sur la vente demandee de 1'emplacement de Sucre Lantic soit reporte au 18 aout 2008. A I'issue du vote, la proposition est adoptee. Le conseiller McGuire vote contre la proposition. (Le conseiller Snook quitte la seance.) 8. Delegations /Presentations Referring to his submitted report, Dr. Robert MacKinnon made a presentation to Council regarding the future direction of the University of New Brunswick Saint John Campus. 8. Delegations et presentations Se reportant a son rapport presente anterieurement, le Dr Robert MacKinnon donne une presentation devant le conseil au sujet de ('orientation future du campus de Saint John de I'Universite du Nouveau - Brunswick. 5. Consent Agenda 5.1 That the letter from Lorne Daltrop, Producer of Rising Tide Productions, be referred to the Mayor to write a letter of support. 5.3 That, as recommended by the City Manager, the engineering services agreement with ADI Limited for engineering design and construction management of the Spar Cove Road Wastewater Lift Station project be increased from $460,000. to $620,320.50 as outlined in the submitted report. 5.4 That as recommended by the City Manager, the proposal of BDA Landscape Architects for consulting services (design and construction management) for the Rockwood Park Redevelopment Project be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. 5.6 That as recommended by the City Manager, Contract 2008 -25: Glen Road and Simpson Drive — Cross Culverts be awarded to the low tenderer, L. Halpin Excavation Limited, at the tendered price of $318,394.92 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary documents. 5.7 That as recommended by the City Manager, the proposal of the Terrain Group Inc. for engineering design services for the Westfield Road Transportation and Storm Water Systems Upgrades project be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. 5.8 That as recommended by the City Manager, the Contract No: 2008 -27: Rope Walk Road — Road Reconstruction, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $1,092,334.84 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.9 That as recommended by the City Manager, the Contract 2008 -13: Brentwood Crescent — 900mm Storm Sewer Renewal be awarded to the low tenderer. Dean 10 93- COMMON COUNCIL /CONSEIL COMMUNAL June 23, 2008 /Le 23 juin 2008 Construction Limited, at the tendered price of $90,388.70 as calculated based upon estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.10 That as recommended by the City Manager, the proposal submitted by Master Mechanical for the supply and installation of a domestic hot water system at Fire Station #5, 55 Adelaide Street in the amount of $27,000. plus tax, be accepted. 5.11 That as recommended by the City Manager, the Commissioner of Finance be authorized to advance the Salty Jam Festival the sum of $9,500. the timing of which to be at the Commissioner's discretion. 5.12 That as recommended by the City Manager and pursuant to the Mobile Home Parks By -law, Common Council permit a mini -home to be situated on the large property at 3396 Loch Lomond Road for a temporary period of one (1) year. 5.13 That as recommended by the City Manager: 1. Common Council schedule the public hearings for the rezoning applications of Khalid Malik (1660 Manawagonish Road) and Dan Estey (3795 Loch Lomond Road) for Monday, July 21, 2008 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for report and recommendation. 2. Common Council schedule the public hearing for the rezoning application of North Star Holdings Ltd. (40 Mountain View Drive) for Tuesday, August 5, 2008 at 7:00 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for report and recommendation. 5.14 That as recommended by the City Manager, The City of Saint John sell the fee simple absolute interest in lands identified at PID Number 55118269 as shown on the submitted sketch to Ritchie's Discount Warehouse Ltd. (or related company) for a purchase price of $800. plus H.S.T. (if applicable), plus a proportionate share of the real estate taxes levied, if any, on or before August 31, 2008. 5.17 That as recommended by the City Manager, the report regarding an Economic Development Officer for West Saint John be received for information and a copy sent to Enterprise Saint John and to the Saint John West Business Association. 5.18 That as recommended by the City Manager: 1. The City purchase the freehold title free from encumbrances, in the property at 117 Union Street having PID Number #37341 not later than seventy two (72) hours following the adoption of this resolution for the purchase price of $190,000., subject to normal adjustments and any deposits, such purchase being upon condition that the Vendor has first executed and delivered to the City; a) a Consent order for Discontinuance without costs of Cause Number S/C146/08; and b) a Full Release in favour of the City in respect of the subject matter of Cause Number S/C/146/08; and that the City Solicitor or his designate is hereby authorized to execute the aforesaid Notice of Discontinuance; 2. The City lease to Lori Roy the ground floor premises of 117 Union Street upon the terms and conditions set out in the submitted Lease dated June 19, 2008 with the City's contributing up to $400. toward Ms. Roy's legal expenses respecting such Lease; and 3. The Mayor and Common Clerk are hereby authorized to execute the documentation required to effect the foregoing. On motion of Councillor Sullivan Seconded by Councillor Killen RESOLVED that the recommendation set out for each consent agenda item respectively, with the exception of items 5.2, 5.5, 5.15, 5.16, and 5.19, which have been identified for debate, be adopted. Question being taken, the motion was carried 11 93- COMMON COUNCIL /CONSEIL COMMUNAL June 23, 2008 /Le 23 juin 2008 5. Questions soumises a I'approbation du conseil 5.1 Que la lettre de Lorne Daltrop, producteur de Rising Tide Productions, soit transmise au maire afin que celui -ci envoie une lettre d'appui. 5.3 Que, comme le recommande le directeur general, la convention des services d'ingenierie conclue entre ADI Limited et la Ville, relativement a la gestion de la conception et de la construction du projet lie a la modernisation du systeme d'egouts sanitaires et de la station de relevement des eaux uuses du chemin Spar Cove, soit modifiee en faisant passer le montant de 460 000 $ a 620 320,50 $ comme le souligne le rapport presente. 5.4 Que, comme le recommande le directeur general, la proposition presentee par BDA Landscape Architects visant Ies services d'experts - conseils (conception et construction) relativement au projet de reamenagement du parc Rockwood soit acceptee et que le maire et la greffiere communale soient autorises a signer la documentation exigee a cet egard. 5.6 Que, comme le recommande le directeur general, le contrat n° 2008 -25, relatif a ('installation de buses horizontales au chemin Glen et a la promenade Simpson soit accorde au soumissionnaire le moins - disant, L. Halpin Excavation Limited, au prix offert de 318 394,92 $, etabli a partir de quantites estimatives, et que le maire et la greffiere communale soient autorises a signer la documentation requise. 5.7 Que, comme le recommande le directeur general, la proposition presentee par Terrain Group Inc. relative aux services d'ingenierie visant la modernisation des transports et du reseau d'egouts pluviaux dans le chemin Westfield soit acceptee et que le maire et la greffiere communale soient autorises a signer la documentation exigee a cet egard. 5.8 Que, comme le recommande le directeur general, le contrat n° 2008 -27 relatif a la refection du chemin Rope Walk, soit accorde au soumissionnaire le moins - disant, Fairville Construction Ltd., au prix offert de 1 092 334,84 $, etabli a partir de quantites estimatives, et que le maire et la greffiere communale soient autorises a signer Ies documents contractuels necessaires. 5.9 Que, comme le recommande le directeur general, le contrat n° 2008 -13 relatif a la restauration des egouts pluviaux de 900 mm du croissant Brentwood, soit accorde au soumissionnaire le moins - disant, Dean Construction Limited, au prix offert de 90 388,70 $, etabli a partir de quantites estimatives et, que le maire et la greffiere communale soient autorises a signer Ies documents contractuels necessaires. 5.10 Que, comme le recommande le directeur general, la proposition presentee par Master Mechanical relative a la fourniture et a ('installation d'un systeme de distribution d'eau chaude residentiel a la caserne de pompier n° 5 situee au 55, rue Adelaide, au montant de 27 000 $, taxes en sus, soit acceptee. 5.11 Que, comme le recommande le directeur general, le commissaire aux finances soit autorise a verser la somme de 9 500 $ au festival Salty Jam, 1'echeance etant a la discretion du commissaire. 5.12 Que, comme le recommande le directeur general, le conseil communal autorise le proprietaire d'une maison mobile, installee sur le vaste terrain situe au 3396, chemin Loch Lomond, a Iaisser Iadite maison mobile sur place pour une periode temporaire de un (1) an, en vertu de I'arrete sur Ies pares pour maisons mobiles. 5.13 Que, comme le recommande le directeur general : 1. le conseil communal prevoie I'audience publique relative a la demande de rezonage de Khalid Malik (1660, chemin Manawagonish) et Dan Estey (3795, chemin Loch Lomond), le Iundi 21 juillet 2008 a 19 h, dans la salle du conseil, et que la demande soit soumise au Comite consultatif d'urbanisme aux fins de presentation d'un rapport et de recommandations; 2. le conseil communal fixe la date de I'audience publique au 5 aout 2008, a 19 h, dans la salle du conseil, relativement a la demande de rezonage de North Star Holdings Ltd. (40, promenade Mountain View), et qu'il transmette la demande au Comite consultatif d'urbanisme aux fins de rapport et de recommandation. 12 93- COMMON COUNCIL /CONSEIL COMMUNAL June 23, 2008 /Le 23 juin 2008 5.14 Que, comme le recommande le directeur general, The City of Saint John vende le lot des terrains portant le NID 55118269 comme le montre le croquis presente a Ritchie's Discount Warehouse Ltd. (ou a une societe affiliee) au prix d'achat de 800 $, TVH et part proportionnelle des imp6ts fonciers preleves en sus (le cas echeant), au plus tard le 31 aout 2008. 5.17 Que, comme le recommande le directeur general, le rapport concernant un agent au developpement economique dans Saint John Ouest soit accepte a titre informatif et qu'un exemplaire soit expedie a Enterprise Saint John et a la Saint John West Business Association Inc. 5.18 Que, comme le recommande le directeur general 1. la Ville acquiere le titre franc libre de grevements du bien -fonds situe au 117, rue Union, inscrite sous le NID 37341, au plus tard soixante -douze (72) heures suivant I'adoption de la presente resolution au prix d'achat de 190 000 $, sous reserve de 1'execution des rajustements courants et de tout dep6t. Une telle acquisition n'est autorisee qu'a la condition que le fournisseur ait d'abord signe, puis transmis a la Ville a) une ordonnance par consentement pour un desistement sans frais de la cause portant le numero S/C146/08-1 b) une quittance complete en faveur de la Ville afferente a la question visee dans la cause portant le numero S/C/146/08-1 une autorisation accordee par Ies presentes a I'avocat municipal de signer I'avis de desistement susmentionne. 2. la Ville conclue un bail de location entre elle -meme et Lori Roy, visant le rez -de- chaussee situe au 117, rue Union, selon Ies conditions etablies dans le bail presente date du 19 juin 2008, et accorde a Mme Roy une contribution jusqu'a concurrence de 400 $ conformement aux frais juridiques afferents au bail. 3. le maire et la greffiere communale sont autorises par Ies presentes a signer la documentation exigee afin de conclure ce qui precede. Proposition du conseiller Sullivan Appuyee par le conseiller Killen RESOLU que la recommandation formulee relativement a chacune des questions soumises a I'approbation du conseil, a 1'exclusion des points 5.2, 5.5, 5.15, 5.16, et qui a ete selectionnee aux fins de discussion, soit adoptee. A I'issue du vote, la proposition est adoptee. 6. Members Comments Council members commented on various community events. 6. Commentaires presentes par les membres Les membres du conseil s'expriment sur diverses activites communautaires. 7. Proclamation 7. Proclamation 10. Consideration of By -laws 10.1 Third Reading Zoning By -Law Amendment 50 Newport Crescent 10.1(a) Section 39 Conditions On motion of Councillor Killen Seconded by Councillor McGuire RESOLVED that the by -law entitled, "By -law Number C.P. 110 -74 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 13 93- COMMON COUNCIL /CONSEIL COMMUNAL June 23, 2008 /Le 23 juin 2008 of land located at 50 Newport Crescent, having an area of approximately 5,525 square metres, also identified as being a portion of PI Number 00042531, from "IL -1" Neighbourhood Institutional to "RM -1" Three Storey Multiple Residential classification, be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number C.P. 110 -74, A Law to Amend the Zoning By -law of The City of Saint John, was read in its entirety. On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that pursuant to the provisions of Section 39 of the Community Planning Act, the proposed rezoning of Lot 08 -01 and Lot 08 -02, as generally shown on the submitted subdivision plan, be subject to the condition th at: a. The site shall not be developed except in accordance with a detailed site plan, prepared by the Developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, landscaped areas, amenity space and other site features. The approved site plan must be attached to the building permit application for the development; and b. The site shall not be developed except in accordance with a detailed drainage plan, prepared by the Developer and subject to the approval of the Chief City Engineer or his designate. Question being taken, the motion was carried. On motion of Councillor Sullivan Seconded by Councillor McGuire RESOLVED that the by -law entitled, "By -law Number C.P. 110 -74, A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land located at 50 Newport Crescent, having an area of approximately 5,525 square metres, also identified as being a portion of PID Number 00042531, from "IL -1" Neighbourhood Institutional to "RM -1" Three Storey Multiple Residential classification, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number C.P. 110 -74, A Law to Amend the Zoning By -law of The City of Saint John." 10. Etude des arretes municipaux 10.1 Troisieme lecture du projet de modification de I'arrete de zonage visant le 50, croissant Newport 10.1a) Conditions imposees par I'article 39 Proposition du conseiller Killen Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete n° C.P. 110- 74 modifiant I'arrete de zonage de The City of Saint John », modifiant I'annexe A, plan de zonage de The City of Saint John, relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 5 525 metres carres, situee au 50, croissant Newport et inscrite sous le NID 00042531, pour faire passer la classification s'y rapportant de zone de quartier a vocation collective « IL -1 » a zone residentielle d'immeubles a logements multiples de trois etages « RM -1 », fasse ('objet d'une lecture. A I'issue du vote, la proposition est adoptee. L'arrete intitule « Arrete n° C.P. 110 -74 modifiant I'arrete sur le zonage de The City of Saint John » est lu integralement. Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU qu'en vertu des dispositions prevues a I'article 39 de la Loi surPurbanisme, le rezonage propose des lots 08 -01 et 08 -02, comme le montre de maniere generale le plan de lotissement, soit assujetti aux conditions suivantes : 14 93- COMMON COUNCIL /CONSEIL COMMUNAL June 23, 2008 /Le 23 juin 2008 a. 1'emplacement doit titre amenage conformement au plan de situation, prepare par le promoteur et sujet a I'approbation de I'agent d'amenagement, indiquant 1'emplacement de tous Ies batiments, Ies aires de stationnement, Ies voies d'acces, Ies aires de chargement, Ies affiches, 1'eclairage exterieur, Ies espaces paysagers, Ies espaces ouverts et Ies autres caracteristiques de 1'emplacement. Le plan de situation doit titre joint a la demande de permis de construction relative au projet d'amenagement; b. 1'emplacement doit titre amenage conformement au plan de drainage detaille prepare par le promoteur et sujet a I'approbation de l'ingenieur municipal en chef ou de son remplagant. A I'issue du vote, la proposition est adoptee. Proposition du conseiller Sullivan Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete n° C.P. 110- 74 modifiant I'arrete de zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 5 525 metres carres situee au 50, croissant Newport et inscrite sous le NID 00042531, pour faire passer la classification s'y rapportant de zone de quartier a vocation collective « IL -1 » a zone d'immeubles a logements multiples de trois etages « RM -1 », fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A I'issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule « Arrete n° C.P. 110 -74 modifiant I'arrete sur le zonage de The City of Saint John ». 10.2 Third Reading Zoning By -Law Amendment 646 George Street 10.2(a) Section 39 Conditions On motion of Councillor Sullivan Seconded by Councillor Mott RESOLVED that the by -law entitled, "By -law Number C.P. 110 -73 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 located at 646 George Street, having an area of approximately 450 square metres, also identified as PID Number 00035105, from "R -2" One and Two Family Residential to "IL -1" Neighbourhood Institutional, be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number C.P. 110 -73, A Law to Amend the Zoning By -law of The City of Saint John ", was read in its entirety. On motion of Councillor Court Seconded by Councillor Sullivan RESOLVED that pursuant to the provisions of Section 39 of the Community Planning Act, the proposed rezoning of the property at 646 George Street be subject to the condition that the use of the property is limited to a group care facility providing care for not more than ten (10) clients and, that further upon rezoning of the property, the land, building or structures thereon must be developed and used in conformity with the proposal and conditions identified herein. Question being taken, the motion was carried. On motion of Councillor Sullivan Seconded by Councillor Court RESOLVED that the by -law entitled, "By -law Number C.P. 110 -73, 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 located at 646 George Street, having an area of approximately 450 square metres, also identified as PID Number 00035105, from "R -2" One and Two Family Residential to "IL -1" Neighbourhood Institutional classification, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number C.P. 110 -73, A Law to Amend the Zoning By -law of The City of Saint John." 15 93- COMMON COUNCIL /CONSEIL COMMUNAL June 23, 2008 /Le 23 juin 2008 10.2 Troisieme lecture du projet de modification de I'arrete de zonage visant le 646, rue George 10.2a) Conditions imposees par I'article 39 Proposition du conseiller Sullivan Appuyee par le conseiller Mott RESOLU que 1'arrete intitule « Arrete no C.P. 110- 73 modifiant 1'arrete de zonage de The City of Saint John », modifiant I'annexe A, plan de zonage de The City of Saint John, relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 450 metres carres, situee au 646, rue George et inscrite sous le NID 00035105, pour faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone de quartier a vocation collective « IL -1 », fasse l'objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule « Arrete no C.P. 110 -73 modifiant 1'arrete de zonage de The City of Saint John » est lu integralement. Proposition du conseiller Court Appuyee par le conseiller Sullivan RESOLU qu'en vertu des dispositions de I'article 39 de la Loi surl'urbanisme, le rezonage propose du bien -fonds situe au 646, rue George soit assujetti a la condition que ('usage du bien -fonds se limite a 1'exploitation d'un etablissement de soins en groupe destine a un nombre maximal de dix (10) clients et qu'a la suite du rezonage du bien- fonds, le terrain et tout batiment ou construction qui s'y trouvent doivent titre amenages et utilises conformement a la proposition et aux conditions figurant aux presentes. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Sullivan Appuyee par le conseiller Court RESOLU que 1'arrete intitule « Arrete no C.P. 110- 73 modifiant 1'arrete de zonage de The City of Saint John », modifiant I'annexe A, plan de zonage de The City of Saint John, relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 450 metres carres, situee au 646, rue George et inscrite sous le NID 00035105, pour faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone de quartier a vocation collective « IL -1 », fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arrete intitule «Arrete no C.P. 110 -73 modifiant 1'arrete sur le zonage de The City of Saint John ». 10.3(a) Third Reading Zoning By -Law Amendment 112 Mount Pleasant Avenue On motion of Councillor Sullivan Seconded by Councillor Court RESOLVED that the by -law entitled, "By -law Number C.P. 110 -75, A Law to Amend the Zoning By -law of the City of Saint John ", adding to the list of zones in Section 30(1) and adding Section 740(23) and Zone Standards and re- zoning a parcel of land located at 112 Mount Pleasant Avenue, having an area of approximately 5,400 square metres, also identified as PID Number 55186928, from "R -1A" One Family Residential classification to "SZ -23" Special Zone #23 classification. be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number C.P. 110 -75, A Law to Amend the Zoning By -law of The City of Saint John ", was read in its entirety. 16 93- COMMON COUNCIL /CONSEIL COMMUNAL June 23, 2008 /Le 23 juin 2008 On motion of Councillor Court Seconded by Councillor Mott RESOLVED that the by -law entitled, "By -law Number C.P. 110 -75, A Law to Amend the Zoning By -law of the City of Saint John ", amending the Zoning Map of The City of Saint John, adding to the list of zones in Section 30(1) and adding Section 740(23) and Zone Standards and re- zoning a parcel of land located at 112 Mount Pleasant Avenue, having an area of approximately 5,400 square metres, also identified as PID Number 55186928, from "R -1A" One Family Residential to "SZ -23" Special Zone #23 classification, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number C.P. 110 -75, A Law to Amend the Zoning By -law of The City of Saint John." On motion of Councillor Court Seconded by Councillor McGuire RESOLVED to delay the consideration of item # 10.4 until later in the agenda. Question being taken, the motion was carried. 10.3a) Troisieme lecture du projet de modification de I'arrete de zonage relatif au 112, avenue Mount Pleasant Proposition du conseiller Sullivan Appuyee par le conseiller Court RESOLU que 1'arrete intitule « Arrete no C.P. 110- 75 modifiant 1'arrete sur le zonage de The City of Saint John » modifiant le plan de zonage de The City of Saint John, relativement au rezonage d'une parcelle de terrain situee au 112, avenue Mount Pleasant d'une superficie d'environ 5 400 metres carres et inscrite sous le NID 55186928, ajoutant celle-ci a la Iiste des zones inscrite au paragraphe 30 (1) et ajoutant Ies normes de zonage connexes au paragraphe 740 (23) afin de faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales « R -1A » a zone speciale no 23 « SZ -23 », fasse l'objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule « Arrete no C.P. 110 -75 modifiant 1'arrete de zonage de The City of Saint John » est lu integralement. Proposition du conseiller Court Appuyee par le conseiller Mott RESOLU que 1'arrete intitule « Arrete no C.P. 110- 75 modifiant 1'arrete sur le zonage de The City of Saint John », modifiant le plan de zonage de The City of Saint John, relativement au rezonage d'une parcelle de terrain situee au 112, avenue Mount Pleasant d'une superficie d'environ 5 400 metres carres et inscrite sous le NID 55186928, ajoutant celle -ci a la liste des zones inscrite au paragraphe 30 (1) et ajoutant Ies normes de zonage connexes au paragraphe 740 (23) afin de faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales « R -1A » a zone speciale no 23 « SZ -23 », fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arrete intitule « Arrete no C.P. 110 -75 modifiant 1'arrete sur le zonage de The City of Saint John ». Proposition du conseiller Court Appuyee par le conseiller McGuire RESOLU que 1'examen du point 10.4 soit reporte a plus tard au cours de la seance. A ('issue du vote, la proposition est adoptee. 17 93- COMMON COUNCIL /CONSEIL COMMUNAL June 23, 2008 /Le 23 juin 2008 11. Submissions by Council Members 11.0 Absence from Council Meeting (Councillor Titus) On motion of Councillor McGuire Seconded by Councillor Mott RESOLVED that the letter from Councillor Titus advising of his absence from this Council meeting be received for information. Question being taken, the motion was carried. 11. Interventions des membres du conseil 11.0 Absences aux seances du conseil (conseiller Titus) Proposition du conseiller McGuire Appuyee par le conseiller Mott RESOLU que la lettre du conseiller Titus avisant de son absence a la presente seance du conseil soit acceptee a titre informatif. A I'issue du vote, la proposition est adoptee. 11.1 Industrial Expansion /Impact on Municipal Services (Councillor Farren) On motion of Deputy Mayor Chase Seconded by Councillor McGuire RESOLVED that the letter from Councillor Farren on Industrial Expansion /Impact on Municipal Services be tabled until Councillor Farren is present. Question being taken, the motion was carried. 11.1 Incidence de 1'expansion industrielle sur les services municipaux (conseiller Farren) Proposition du maire suppleant Chase Appuyee par le conseiller McGuire RESOLU que 1'examen de la lettre du conseiller Farren au sujet de l'incidence de 1'expansion industrielle sur Ies services municipaux soit reporte jusqu'a ce que le conseiller Farren soit present. A I'issue du vote, la proposition est adoptee. 11.2 Current Process of Performance Evaluation and Reporting (Councillor Sullivan) On motion of Councillor Sullivan Seconded by Councillor McGuire RESOLVED that Management undertake a review of the current process of performance evaluation and reporting of the four staff that report to Council. Question being taken, the motion was carried. 11.2 Processus actuel lie a I'evaluation et a la declaration du rendement (conseiller Sullivan) Proposition du conseiller Sullivan Appuyee par le conseiller McGuire RESOLU que la direction entreprenne un examen du processus actuel He a I'evaluation et a la declaration du rendement des quatre employes qui relevent du conseil. A I'issue du vote, la proposition est adoptee. 18 93- COMMON COUNCIL /CONSEIL COMMUNAL June 23, 2008 /Le 23 juin 2008 11.3 Public Transportation Fuel Tax (Councillor Titus) On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that the letter from Councillor Titus on Public Transportation Fuel Tax be tabled until Councillor Titus is present. Question being taken, the motion was carried. 11.3 Taxe sur 1'essence pour le service de transport en commun (conseiller Titus) Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que 1'examen de la lettre du conseiller Titus au sujet de la taxe sur 1'essence pour le service de transport en commun soit reporte jusqu'a ce que le conseiller Titus soit present. A I'issue du vote, la proposition est adoptee. 11.4 Overhead Projection System in Council Chamber (Councillor Killen) On motion of Councillor Killen Seconded by Councillor McGuire RESOLVED that Council direct the Common Clerk to determine a solution to the overhead problem before the next meeting of the Planning Advisory Committee. If repair before that time proves impossible, the system is to be replaced. Question being taken, the motion was carried. 11.4 Systeme de retroprojection dans la salle du conseil (conseiller Killen) Proposition du conseiller Killen Appuyee par le conseiller McGuire RESOLU que le conseil charge la greffiere communale de trouver une solution au probleme He a la retroprojection avant la prochaine reunion du Comite consultatif d'urbanisme. S'il s'avere impossible de reparer le systeme a temps, celui -ci devra titre remplace. A I'issue du vote, la proposition est adoptee. 11.5 Value for Money Audit (Councillor Killen) On motion of Councillor Killen Seconded by Councillor Sullivan RESOLVED that Council instruct the City Manager to bring back to Council a Value for Money Audit to be conducted on an annual basis, subject to budget approval of Common Council. Question being taken, the motion was carried. 11.5 Evaluation de l'optimisation des ressources (conseiller Killen) Proposition du conseiller Killen Appuyee par le conseiller Sullivan RESOLU que le conseil charge le directeur general de lui presenter une evaluation de ('optimisation des ressources qui sera menee chaque annee et sujette a I'approbation du budget du conseil communal. A I'issue du vote, la proposition est adoptee. 19 93- COMMON COUNCIL /CONSEIL COMMUNAL June 23, 2008 /Le 23 juin 2008 11.6 Parking in the Southern Peninsula (Councillor Killen) On motion of Councillor Killen Seconded by Councillor Sullivan RESOLVED that Common Council direct the Saint John Parking Commission to change the regimen of year -round alternate side parking throughout the Southern Peninsula. Specifically: 1. That parking bans (mostly for snow but they need not be limited to that) be maintained and used whenever street clearing is necessary; 2. That parking staff determine optimum parking on individual streets and post signage indicating the preferred side; 3. Where feasible when street is of sufficient width parking be permitted on both sides of the street from May 15tthrough October 31St, and That the Parking Commission present why changes as directed may not be able to be made at the August 18, 2008 meeting. Question being taken, the motion was carried 11.6 Stationnement dans le quartier Southern Peninsula (conseiller Killen) Proposition du conseiller Killen Appuyee par le conseiller Sullivan RESOLU que le conseil communal charge la Commission sur le stationnement de Saint John de modifier le regime relatif au stationnement en alternance permanent a 1'echelle du quartier Southern Peninsula, en particulier : 1. que les interdictions de stationnement (surtout celles liees a la neige, mais ne devant pas y titre limitees) soient maintenues et utilisees lorsque le deblayage d'une rue ('oblige; 2. que les employes au stationnement determinent le cote optimal ou stationner sur certaines rues et affichent des enseignes a cet egard; 3. que lorsque la largeur d'une rue le permet, it soit permis de stationner des deux cotes, et ce, du 1" mai au 31 octobre; que la Commission sur le stationnement explique pourquoi, au cours de la seance du 18 aout 2008, it pourrait ne pas titre possible d'apporter les changements susmentionnes. A ('issue du vote, la proposition est adoptee 11.7 Recycling (Councillor Killen) On motion of Councillor Killen Seconded by Councillor McGuire RESOLVED that Council instruct staff to prepare, in conjunction with the relevant city committees and organizations, a report and recommendations on alternatives for an expanded recycling program for the city. This report should include, but not be limited to, recommendations regarding curbside pick -up programs, limiting the number of bags that will be collected on pick -up day and separation of recyclables. This report should be submitted to Council by the last Council meeting in September. Question being taken, the motion was carried. 11.7 Recyclage (conseiller Killen) Proposition du conseiller Killen Appuyee par le conseiller McGuire RESOLU que le conseil charge le personnel de preparer, en collaboration avec les comites et les organismes pertinents, un rapport et des recommandations sur des solutions de rechange aux fins d'un programme de NA 93- COMMON COUNCIL /CONSEIL COMMUNAL June 23, 2008 /Le 23 juin 2008 recyclage elargi pour la ville. Le rapport devrait notamment comprendre des recommandations sur des programmes de collecte selective en bordure de rue, un nombre limite de sacs ramasses le jour de la collecte et la separation des produits recyclables. Le rapport devrait titre soumis au conseil pendant sa derniere seance de septembre, au plus tard. A ('issue du vote, la proposition est adoptee. 11.8 KBM Ball Field (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Mott RESOLVED that the City Manager request Mr. Morrison, Director of Parks and Leisure Services to assess and put into action positive changes to the KBM ballpark. Question being taken, the motion was carried. 11.8 Terrain de balle KBM (conseiller McGuire) Proposition du conseiller McGuire Appuyee par le conseiller Mott RESOLU que le directeur general fasse appel a M. Morrison, directeur des Services de loisirs, afin d'evaluer les ameliorations pouvant titre apportees au terrain de balle KBM et de les mettre en oeuvre. A ('issue du vote, la proposition est adoptee. 11.9 Province of New Brunswick Hearings on Tax Options (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that the Mayor and Commissioner of Finance, Mr. Greg Yeomans, make an appropriate presentation to the Province of New Brunswick's Select Committee on Tax review, on July 8, 2008 in Saint John. Question being taken, the motion was carried. 11.9 Audiences de la province du Nouveau - Brunswick relativement aux options fiscales (conseiller McGuire) Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que le maire et le commissaire aux finances, M. Greg Yeomans, donnent une presentation concernant la revision de I'impot aux membres du comite special de la province du Nouveau - Brunswick le 8 juillet 2008 a Saint John. A ('issue du vote, la proposition est adoptee. 11.10 Public Engagement Consultation (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Mott RESOLVED that the request to have the City Manager prepare a general policy to guide future public /engagement processes, be received for information. The City Manager advised that Mr. Beckett is working on a report on that issue and it will come back to Council in the near future. Question being taken, the motion was carried. 21 93- COMMON COUNCIL /CONSEIL COMMUNAL June 23, 2008 /Le 23 juin 2008 11.10 Consultation relative a I'interessement du public (conseiller McGuire) Proposition du conseiller McGuire Appuyee par le conseiller Mott RESOLU que la demande visant a ce que le directeur general elabore une politique generale pour guider les processus d'interessement du public soit acceptee a titre informatif. Le directeur general indique que M. Beckett travaille a un rapport sur la question et qu'il en fera la presentation au conseil dans un avenir proche. A I'issue du vote, la proposition est adoptee. 13. Committee Reports 13.1 Planning Advisory Recommending Subdivision Approval 50 Newport Crescent On motion of Councillor Killen Seconded by Councillor McGuire RESOLVED that: 1. Common Council assent to a subdivision plan for the proposed creation of Lot 08 -01 and 08 -02 from the property at 50 Newport Crescent as generally shown on the submitted Portland United Church of Canada Tentative Subdivision Plan and to any required municipal services or public utility easements; and 2. Common Council assent to the proposed cash -in -lieu of Land for Public Purposes dedication equal to 8% of the market value of the land in the subdivision at the time of submission for final subdivision approval. Question being taken, the motion was carried. 13. Rapports deposes par les comites 13.1 Comite consultatif d'urbanisme recommandant I'approbation du projet de lotissement situe au 50, croissant Newport Proposition du conseiller Killen Appuyee par le conseiller McGuire RESOLU que: 1. le conseil communal autorise le plan de lotissement en vue de la creation proposee des lots 08 -01 et 08 -02 sur le bien -fonds situe au 50, croissant Newport comme le montre de maniere generale le plan de lotissement provisoire de Portland United Church of Canada Inc. ainsi que les services municipaux et les servitudes d'utilite publique exiges; 2. le conseil communal approuve la compensation monetaire proposee pour le terrain d'utilite publique egale a 8 % de la valeur marchande du terrain inclus dans le lotissement au moment de la soumission aux fins de I'approbation definitive du lotissement. A I'issue du vote, la proposition est adoptee. 13.2 Planning Advisory Committee Recommending Highlands of Drury Cove Subdivision Phase 12 On motion of Councillor Killen Seconded by Councillor McGuire RESOLVED that: 1. Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted 36 -lot (approximately) Phase 12 extension of the Highlands of Drury Cove Subdivision, located at 110 Drury Cove Road, (portions of PID Numbers 55178909 and 297572), with respect to the vesting of the proposed public streets, land for public purposes and any required municipal services easements and public utility easements, except that the proposed LPP parcel extending from Shoreline Drive to Drury Cove shall be increased in size by consolidation with portions of Lots D -3 and D -6 and /or the landlocked parcel adjacent to PID Number 55171847. 22 93- COMMON COUNCIL /CONSEIL COMMUNAL June 23, 2008 /Le 23 juin 2008 2. Common Council authorize the preparation and execution of one or more City /developer subdivision agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer or his designate. Question being taken, the motion was carried. 13.2 Comite consultatif d'urbanisme recommandant la phase 12 du lotissement Highlands of Drury Cove Proposition du conseiller Killen Appuyee par le conseiller McGuire RESOLU que: 1. le conseil communal approuve le ou les plans de lotissement en une ou plusieurs phases, conformement, de maniere generale, a la phase 12 — prolongement du lotissement Highlands of Drury Cove par l'ajout de 36 lots (environ) (parcelles inscrites sous les NID 55178909 et 297572), relativement a la devolution des rues publiques proposees, toute servitude necessaire aux fins de services municipaux et publics, a ('exception que la dimension du terrain d'utilite publique se prolongeant de la promenade Shoreline au chemin Drury Cove doit titre accrue suivant le regroupement avec des parties des lots D -3 et D -6 et/ou avec la parcelle environnee de terre attenante a celle inscrite sous le NID 55171847; 2. le conseil communal autorise la redaction et la signature de contrats de lotissement entre la Ville et le promoteur afin de permettre 1'execution des travaux requis et la mise en place des installations necessaires, y compris 1'e1aboration de plans de situation et de drainage detailles soumis a I'approbation de l'ingenieur municipal en chef ou de son remplagant. A ('issue du vote, la proposition est adoptee. 13.3 Planning Advisory Committee Recommending Public Street Vesting and Variances - By Road #5 and Poplar Lane On motion of Councillor Killen Seconded by Councillor Sullivan RESOLVED that Common Council assent to the vesting of various parcel of land as a public street along By Road # 5 and Poplar Lane as generally shown on the submitted subdivision plans. Question being taken, the motion was carried. 13.3 Recommandation du Comite consultatif d'urbanisme visant ('inclusion d'une rue publique et les derogations au niveau de 1'embranchement no 5 et de I'allee Poplar Proposition du conseiller Killen Appuyee par le conseiller Sullivan RESOLU que le conseil communal approuve la devolution de diverses parcelles de terrain en tant que rue publique au niveau de 1'embranchement no 5 et de I'allee Poplar comme le montre de maniere generale les plans de lotissement presentes. A ('issue du vote, la proposition est adoptee. 10.4(a) Third Reading Municipal Plan and Zoning By -law Amendments 47- 55 Golden Grove Road On motion of Councillor Court Seconded by Councillor McGuire RESOLVED that the Proposed Municipal Plan and By -law Amendments to amend Schedule 2 -A, the Future Land Use Plan by re- designating a parcel of land with an area of approximately 1.1 hectares located at 47 -55 Golden Grove Road, also identified as being PID Numbers 00299271, 00300129, 00301986, 55027510, and 55173033, from Low Density Residential to Service Corridor classification and the proposed Zoning By -law for the same parcel, be denied. Question being taken, the motion was carried. 23 93- COMMON COUNCIL /CONSEIL COMMUNAL June 23, 2008 /Le 23 juin 2008 10.4a) Troisieme lecture du projet de modifications du plan municipal et de I'arrete sur le zonage visant le 47-55, chemin Golden Grove Proposition du conseiller Court Appuyee par le conseiller McGuire RESOLU que le projet de modification du plan municipal et les modifications de I'arrete pour modifier I'annexe 2 -A du plan d'amenagement futur des terres, la classification d'une parcelle de terrain situee au 47- 55, chemin Golden Grove d'une superficie d'environ 1,1 hectare et portant Ies NID 00299271, 00300129, 00301986, 55027510 et 55173033, pour la faire passer de zone residentielle de faible densite a zone de corridor de service, et que I'arrete de zonage propose visant la meme parcelle, soient rejetes. A I'issue du vote, la proposition est adoptee. 12.2 Translating Vision Action Referring to a submitted report, the Deputy City Manager of Programs & Priorities reviewed the project charter and recommended that Council approve the charter. On motion of Councillor Killen Seconded by Councillor Sullivan RESOLVED that Saint John Common Council approve the planning framework for translating vision into action as detailed in the submitted project charter, Translating Vision into Action: Defining the Planning Framework. Question being taken, the motion was carried. (Councillor Snook re- entered the meeting.) On motion of Councillor Killen Seconded by Councillor Mott RESOLVED that the Council meeting continue past 10:00 to complete the agenda. Question being taken, the motion was carried. 12.2 Concretiser la vision Se reportant a un rapport depose anterieurement, le directeur general adjoint, charge des programmes et des priorites, examine I'arrete de projet et recommande que le conseil I'approuve. Proposition du conseiller Killen Appuyee par le conseiller Sullivan RESOLU que le conseil communal de Saint John approuve le cadre de planification en vue de concretiser la vision conformement a I'arrete de projet soumis, Translating Vision Into Action: Defining the Planning Framework. A I'issue du vote, la proposition est adoptee. (Le conseiller Snook est de nouveau present a la reunion.) Proposition du conseiller Killen Appuyee par le conseiller Mott RESOLU que la seance du conseil soit prolongee au -dela de 22 h afin de pouvoir traiter de tous Ies points figurant a I'ordre du jour. A I'issue du vote, la proposition est adoptee. 12.3 Performance Management On motion of Councillor Court Seconded by Councillor Killen RESOLVED that the report from the City Manager on Performance Management be received for information. 24 93- COMMON COUNCIL /CONSEIL COMMUNAL June 23, 2008 /Le 23 juin 2008 Question being taken, the motion was carried. On motion of Councillor Sullivan Seconded by Councillor Mott RESOLVED that items 15.1, 15.2 and 15.3 be brought forward on the agenda at this time. Question being taken, the motion was carried. 12.3 Gestion du rendement Proposition du conseiller Court Appuyee par le conseiller Killen RESOLU que le rapport presente par le directeur general sur la gestion du rendement soit accepte a titre informatif. A I'issue du vote, la proposition est adoptee. Proposition du conseiller Sullivan Appuyee par le conseiller Mott RESOLU que les points 15.1, 15.2 et 15.3 a I'ordre du jour soient examines des maintenant. A I'issue du vote, la proposition est adoptee. 15. General Correspondence 15.1 Advertisement for Proposed Business Improvement Area On motion of Councillor Killen Seconded by Councillor Sullivan RESOLVED that the letter from Saint John West Business Association Inc. regarding its request for the creation of a Business Improvement Area be received for information. Question being taken, the motion was carried. 15. Correspondance generale 15.1 Publication d'avis concernant le projet de zone d'amelioration des affaires Proposition du conseiller Killen Appuyee par le conseiller Sullivan RESOLU que la lettre de la Saint John West Business Association au sujet de la demande de creation d'une zone d'amelioration des affaires soit acceptee a titre informatif. A I'issue du vote, la proposition est adoptee. 15.2 Hospice Request for Annual Recurring Grant On motion of Councillor Sullivan Seconded by Councillor McGuire RESOLVED that the letter from Hospice of Greater Saint John requesting an annual recurring grant be referred to the City Manager. Question being taken, the motion was carried. 15.2 Demande de I'hospice visant I'obtention d'une subvention recurrente annuelle Proposition du conseiller Sullivan Appuyee par le conseiller McGuire RESOLU que la lettre de Hospice of Greater Saint John au sujet de la demande visant I'obtention d'une subvention recurrente annuelle soit transmise au directeur general. A I'issue du vote, la proposition est adoptee. 25 93- COMMON COUNCIL /CONSEIL COMMUNAL June 23, 2008 /Le 23 juin 2008 15.3 Letter from Patricia Dashwood On motion of Deputy Mayor Chase Seconded by Councillor Sullivan RESOLVED that the letter from Patricia Dashwood regarding fluoride in drinking water be referred to the City Solicitor. Question being taken, the motion was carried, with Councillor McGuire voting nay. 15.3 Lettre de Patricia Dashwood Proposition du maire suppleant Chase Appuyee par le conseiller Sullivan RESOLU que la lettre de Patricia Dashwood relative au fluorure dans 1'eau potable soit transmise a l'avocat municipal. A Tissue du vote, la proposition est adoptee. Le conseiller McGuire vote contre la proposition. 12.4 Neighbourhood Development Funding Terms of Reference On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that Common Council approve the submitted Terms of Reference for the Neighbourhood Development grant funding program. Question being taken, the motion was carried. 12.4 Mandat de financement de I'amenagement du voisinage Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que le conseil communal approuve le mandat presente pour le programme de subvention de I'amenagement du voisinage. A ('issue du vote, la proposition est adoptee. 12.5 Grant Funding- Westside PACT On motion of Councillor Killen Seconded by Councillor Sullivan RESOLVED that Common Council approve funding in the amount of $25,000. for Westside PACT from the Neighbourhood Development Program to fund a Community Coordinator salary and to support program operations. Question being taken, the motion was carried. 12.5 Subventions pour Westside PACT Proposition du conseiller Killen Appuyee par le conseiller Sullivan RESOLU que le conseil communal approuve le financement au montant de 25 000 $ pour Westside PACT du programme d'amenagement du voisinage et le soutien des operations connexes. A ('issue du vote, la proposition est adoptee. 12.6 Realignment of the Governance Structure: Public Safety Communications Centre On motion of Councillor Killen Seconded by Councillor Sullivan RESOLVED that Common Council approve the submitted Memorandum of Agreement with the Board of Commissioners, Saint John Police Force related to the transfer of responsibility for the management and operation of the Public Safety Communication Centre, subject to review by each party's solicitors and further authorize the Mayor and Common Clerk to sign the Memorandum on behalf of the City. Question being taken, the motion was carried. (Councillor Killen withdrew from the meeting.) 99 93- COMMON COUNCIL /CONSEIL COMMUNAL June 23, 2008 /Le 23 juin 2008 12.6 Remaniement de la structure de gouvernance — Centre des communications de la securite publique Proposition du conseiller Killen Appuyee par le conseiller Sullivan RESOLU que le conseil communal approuve le protocole d'entente avec le Bureau des commissaires de la police de Saint John relatif au transfert de responsabilites liees a la gestion et au fonctionnement du Centre des communications de la securite publique, sous reserve d'une etude effectuee par les avocats de chaque partie et que le maire et la greffiere municipale soient autorises a signer le protocole au nom de la Ville. A I'issue du vote, la proposition est adoptee. (Le conseiller Killen quitte la seance.) 13.4 North of Union Steering Committee Report On motion of Councillor Killen Seconded by Deputy Mayor Chase RESOLVED that: 1. In addition to the three elected officials being appointed to the Police /Justice Steering Committee, Council also appoint: (a) Chairman of the Saint John Board of Police Commissioners (b) Chairman of the Saint John Parking Commission (c) Chairperson of the Saint John Arts Centre (d) Scott Gibson, Supply and Services, Province of N.B. 2. Common Council approve the submitted "Interim Organization Chart" as the framework upon which the project is to proceed. 3. The City Manager be instructed to finalize a contract with Toss Solutions related to the position of Design Coordinator. 4. The City Manager be instructed to bring before the Steering Committee a proposal with respect to the assignment of staff to various roles within the Organization Chart as well as a discussion paper regarding the topic of a full time Project Manager to be engaged from September 2008 to completion. 5. The Steering Committee, at a duly constituted meeting with a quorum in attendance and upon receipt of a recommendation from the Project Admin Coordinator be provided with authority to authorize an expenditure of up to $100,000. from the Council approved budget for this project without seeking further Council approval. 6. The Steering Committee provide to Common Council a written monthly status report including a list of all approval expenditures. Question being taken, the motion was carried. On motion of Councillor Sullivan Seconded by Councillor Court RESOLVED that the report be referred to the Nominating Committee for appointment of Councillor Snook or Councillor Killen to the Police Justice Committee. Question being taken, the motion was carried. (Councillor Killen withdrew from the meeting.) 13.4 Rapport du Comite directeur relatif au secteur situe au nord de la rue Union Proposition du conseiller Killen Appuyee par le maire suppleant Chase RESOLU: 1. qu'en plus des trois representants elus nommes au Comite directeur de la justice, le conseil communal nomme egalement : 27 93- COMMON COUNCIL /CONSEIL COMMUNAL June 23, 2008 /Le 23 juin 2008 (a) le president du Bureau des commissaires de la police de Saint John; (b) le president de la Commission sur le stationnement de Saint John; (c) le president du centre des arts de Saint John; (d) Scott Gibson, Approvisionnement et Services, province du Nouveau - Brunswick. 2. que le conseil communal approuve 1'« organigramme provisoire » en tant que cadre selon Iequel le projet doit titre mene; 3. que l'on charge le directeur general de conclure un contrat avec Toss Solutions relatif au poste de coordonnateur de la conception; 4. que l'on charge le directeur general de presenter une proposition au Comite directeur concernant I'affectation d'employes a des r6les divers de l'organigramme ainsi qu'un document de travail concernant 1'embauche d'un gestionnaire de projet a temps plein de septembre 2008 a I'achevement; 5. que le Comite directeur, dans le cadre d'une reunion du" ment constituee ou le quorum a ete atteint et suivant la reception d'une recommandation du coordonnateur de projet, soit investi du pouvoir d'autoriser une depense jusqu'a concurrence de 100 000 $ du budget approuve par le conseil communal, et ce, sans devoir recourir a celui -ci pour obtenir une autorisation supplementaire; 6. que le Comite directeur fournisse au conseil communal un rapport d'etape ecrit mensuel comprenant une Iiste de toutes Ies depenses autorisees. A Tissue du vote, la proposition est adoptee. Proposition du conseiller Sullivan Appuyee par le conseiller Court RESOLU que le rapport soit transmis au Comite des candidatures aux fins de la nomination du conseiller Snook ou du conseiller Killen au sein du Comite directeur de la justice. A Tissue du vote, la proposition est adoptee. (Le conseiller Killen quitte la seance.) 13.5 Employment Contract Executive Assistant to the Mayor On motion of Councillor Court Seconded by Councillor Snook RESOLVED that the Mayor and Common Clerk be authorized to execute the Employment Contract between The City of Saint John and Allan Rouse the text of which was submitted to Common Council. Question being taken, the motion was carried. (Councillor Killen re- entered the meeting.) 13.5 Contrat de travail du poste d'adjoint de direction au maire Proposition du conseiller Court Appuyee par le conseiller Snook RESOLU que le maire et la greffiere communale soient autorises a signer le contrat de travail entre The City of Saint John et Allan Rouse dont le texte a ete soumis au conseil communal. A Tissue du vote, la proposition est adoptee. (Le conseiller Killen est de nouveau present a la reunion.) 13.6 Committee of the Whole Report Appointments to Committees On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that Common Council make the following appointments to committees: No 93- COMMON COUNCIL /CONSEIL COMMUNAL June 23, 2008 /Le 23 juin 2008 Saint John Substandard Properties Appeals Committee — to appoint the Nominating Committee and Councillor Killen as follows: G. Ivan Court, Donald L. Snook, H. Gary Sullivan, Christopher T. Titus and J. Carl Killen. Board of Trustees City of Saint John Pension Plan - to appoint Deputy Mayor Chase until November 30, 2010. Saint John Industrial Parks - to appoint Councillor Farren and Peter Trites for three year terms ending June 23, 2011. Saint John Harbour Bridge Authority — to appoint Councillors Farren and Titus until September 23, 2008. Council Emergency Measures Committee —to appoint Mayor Court and Councillors Mott, Snook and Sullivan until the end of their terms on Council. Saint John Board of Police Commissioners — to appoint Councillor McGuire for a three year term ending June 23, 2011, and re- appoint Andrew Britton for a three year term beginning August 4, 2008 and ending August 3, 2011. Fundy Region Solid Waste Committee — to appoint Councillor Titus for a three year term ending June 23, 2011. Saint John Energy — to appoint Councillor Killen until the end of his term on Council. Justice /Police Complex Advisory Committee — to appoint Mayor Court and Councillors Titus and Sullivan. Council Finance Committee — to appoint Deputy Mayor Chase and Councillors Court, Killen, Mott and Sullivan until the end of their terms on Council. Heritage Development Board (Preservation Review Board) — to appoint Councillor Snook until the end of his term on Council. City of Saint John Environment Committee - to appoint Councillor Court until the end of his term on Council. Question being taken, the motion was carried. 13.6 Rapport du comite plenier relativement aux nominations pour sieger aux comites Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que le conseil procede aux nominations suivantes Comite d'appel sur les residences non conformes aux normes de Saint John — la nomination du conseiller Killen et du Comite des candidatures comme suit: G. Ivan Court, Donald L. Snook, H. Gary Sullivan, Christopher T. Titus et J. Carl Killen. Conseil d'administration du regime de retraite de The City of Saint John — la nomination du maire suppleant Chase jusqu'au 30 novembre 2010. Saint John Industrial Parks [pares industriels de Saint John] — la nomination du conseiller Farren et de Peter Trites pour remplir un mandat se terminant le 23 juin 2011. Administration du pont du port de Saint John — la nomination des conseillers Farren et Titus jusqu'au 23 septembre 2008. Comite des mesures d'urgence etabli par le conseil — la nomination du maire Court et des conseillers Mott, Snook et Sullivan jusqu'a 1'expiration de leur mandat au sein du conseil. Bureau des commissaires de la police de Saint John — la nomination du conseiller McGuire pour remplir un mandat de trois ans se terminant le 23 juin 2011 et la reconduction du mandat d'Andrew Britton pour remplir un mandat de trois ans commengant le 4 aout 2008 et se terminant le 3 aout 2011. 29 93- COMMON COUNCIL /CONSEIL COMMUNAL June 23, 2008 /Le 23 juin 2008 Commission de gestion des matieres usees solides de la region de Fundy — la nomination du conseiller Titus pour remplir un mandat de trois ans se terminant le 23 juin 2011. Saint John Energy — la nomination du conseiller Killen jusqu'a la fin de son mandat au sein du conseil. Comite consultatif sur le centre judiciaire et policier — la nomination du maire Court et des conseillers Titus et Sullivan. Comite des finances du conseil — la nomination du maire suppleant Chase et des conseillers Court, Killen, Mott et Sullivan jusqu'a la fin de leur mandat au sein du conseil. Conseil d'amenagement du patrimoine (Comite de revision sur le patrimoine) — la nomination du conseiller Snook jusqu'a la fin de son mandat au sein du conseil. Comite sur 1'environnement de The City of Saint John — la nomination du conseiller Court jusqu'a la fin de son mandat au sein du conseil. A ('issue du vote, la proposition est adoptee. 14. Consideration of Issues Separated from Consent Agenda 14.1 Contract 2008 -14: Water Street Precinct, Saint Patrick (Three Sisters) Park On motion of Councillor Sullivan Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager: 1. Common Council in reliance upon correspondence dated June 23, 2008 from Mr. Chris Wilson of Wilson Builders (1978) Ltd. addressed to The City of Saint John, rescind the resolution of Common Council dated June 9, 2008 to award Contract 2008 -14 to Wilson Builders (1978) Ltd.; and 2. Award Contract 2008 -14: Water Street Precinct - Saint Patrick (Three Sisters) Park Enhancements to the low tenderer, Fairville Construction Ltd., at the tendered price of $428,134.40, as calculated based on estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 14.1 Contrat no 2008 -14 : zone environnante de la rue Water et parc Saint Patrick (Three Sisters) Proposition du conseiller Sullivan Appuyee par le conseiller McGuire RESOLU que, comme le recommande de directeur general : 1. le conseil communal en se fiant a la lettre datee du 23 juin 2008 de M. Chris Wilson, Wilson Builders (1978) Ltd., adressee a The City of Saint John, abroge sa resolution datee du 9 juin 2008 d'accorder le contrat no 2008 -14 a Wilson Builders (1978) Ltd.; 2. le contrat no 2008 -14 relatif aux ameliorations apportees a la zone environnante de la rue Water et au parc Saint Patrick (Three Sisters) soit accorde au soumissionnaire le moins - disant, Fairville Construction Ltd., au prix offert de 428 134,40 $, etabli a partir de quantites estimatives, et que le maire et la greffiere communale soient autorises a signer les documentscontractuels necessaires. A ('issue du vote, la proposition est adoptee. 30 93- COMMON COUNCIL /CONSEIL COMMUNAL June 23, 2008 /Le 23 juin 2008 14.2 Saint John Transit Commission On motion of Deputy Mayor Chase Seconded by Councillor McGuire RESOLVED that the Saint John Transit Commission report to Council on its plans to address the reported deficit in its submitted report. Question being taken, the motion was carried. 14.2 Commission des transports de Saint John Proposition du maire suppleant Chase Appuyee par le conseiller McGuire RESOLU que la Commission des transports de Saint John rendre compte au conseil de ses plans en vue de regler le deficit presente dans le rapport sou mis. A I'issue du vote, la proposition est adoptee. 14.3 Designation of Building Inspector for Enforcement Proceedings On motion of Deputy Mayor Chase Seconded by Councillor McGuire WHEREAS Mr. William Edwards, P. Eng., is the Building Inspector and the Standards Officer for The City of Saint John and is responsible for the enforcement of such by -laws as the City's Building By -law and its Minimum Property Standards By -law, WHEREAS Mr. Edwards has advised, among other things, that: (i) The building (herein referred to as "the Beverly House Limited Building ") that is located at 53 Elliot Row, Saint John, N.B. (PID# 17269 and 55020226) is owned by Beverly House Limited, and (ii) The Beverly House Limited Building is used as an apartment building, and (iii) The Beverly House Limited Building continues to be in non - compliance of 71 requirements of the Saint John Minimum Property Standards By -law and New Brunswick Residential Properties Maintenance and Occupancy Code notwithstanding the fact that two Provincial Court Orders were issued to Beverly House Limited by Judge Andrew LeMesurier on April 24, 2007 and October 15, 2007 and a Notice to Comply to Standards was issued by Amy Poffenroth, P. Eng., a Standards Officer for The City of Saint John on January 19, 2006. WHEREAS Mr. Edwards has further advised that the Beverly House Limited building continues to deteriorate and that the following violations of the Saint John Minimum Property Standards Bylaw and New Brunswick Residential Properties Maintenance and Occupancy Code present a life- safety hazard to persons occupying the Beverly House Limited building and to other persons entering into it: (i) Exterior wooden stairs, rising 3 stories and representing a second exit system for several units of the building, are in deteriorated condition and are structurally unsound. (ii) Some units of the building are not provided with a means of second exit in the event of an emergency, such as a fire. (iii) Electrical conditions of the building are severely deteriorated. Many electrical receptacles in the building are improperly wired and there are conditions of exposed electrical wiring. (iv) Some units are not provided with smoke detectors and other units have smoke detectors in improper locations. (v) Some units in the building are not properly identified. 31 93- COMMON COUNCIL /CONSEIL COMMUNAL June 23, 2008 /Le 23 juin 2008 (vi) The rear stairs and landing contain rotted wood and are improperly supported by their footings. (vii) A number of clapboards and shingles on several faces of the building are precariously loose and in danger of falling on an occupant or passerby. (viii) Most of the doors to the units are not fire - rated. (ix) Some bedroom windows do not open to a sufficient size as per the National Building Code and one bedroom window does not open at all. (x) Fire separations are breached or non - existent. The rear interior exit stairwell, basement exit path and the furnace room have no fire separations present. WHEREAS Mr. Edwards has requested authority to apply to the Court of Queen's Bench of New Brunswick for an order that: (i) Will require Beverly House Limited to have the building vacated within 15 days after the service of the Order (unless in the meantime the aforesaid life - safety violations have been remedied), and to keep the building vacated and secured against unauthorized entry until the aforesaid violations have been remedied; (ii) Will require Beverly House Limited to have all other outstanding violations of the Minimum Property Standards Bylaw and New Brunswick residential Properties Maintenance and Occupancy Code remedied within such time the judge may direct and to the satisfaction of the Building Inspector; and (iii) Will require Beverly House Limited to pay court costs and disbursements to the City of Saint John in such an amount as the judge may consider appropriate. THEREFORE, Be it Resolved, that Mr. William Edwards is hereby designated and authorized to make an application on behalf of The City of Saint John to the Court of Queen's Bench of New Brunswick, pursuant to the authority of the Municipalities Act of New Brunswick, for the aforesaid order. Question being taken, the motion was carried. 14.3 Affectation d'un ins pecteur des batiments aux procedures demise en application Proposition du maire suppleant Chase Appuyee par le conseiller McGuire ATTENDU QUE M. William Edwards, Ing., est ('inspecteur des batiments et I'agent des normes de The City of Saint John et est notamment responsable de la mise en application des arretes municipaux suivants : I'arrete relatif a la construction et I'arrete sur les normes minimales regissant les residences; ATTENDU QUE M. Edwards a indique, entre autres, que le batiment (ci -apres appele le « batiment Beverly House Limited ») situe au 53, ruelle Elliot, Saint John, Nouveau - Brunswick (NID 17269 et 55020226) appartient a Beverly House Limited; le batiment Beverly House Limited est utilise en tant qu'immeuble d'habitation; (iii) le batiment Beverly House Limited continue d'etre en non- conformite avec 71 exigences de I'arrete sur les normes minimales regissant les residences de Saint John et le Code d'entretien et d'occupation des residences du Nouveau - Brunswick, independamment du fait que deux ordonnances de la Cour provinciale ont ete delivrees a Beverly House Limited par le juge Andrew LeMesurier le 24 avril 2007 et le 15 octobre 2007 et qu'un avis de se conformer aux normes a ete delivre par Amy Poffenroth, Ing., agente des normes de The City of Saint John, le 19 janvier 2006. 32 93- COMMON COUNCIL /CONSEIL COMMUNAL June 23, 2008 /Le 23 juin 2008 ATTENDU QUE M. Edwards a egalement mentionne que le batiment Beverly House Limited continue a se deteriorer et que les infractions suivantes a 1'arrete sur les normes minimales regissant les residences de Saint John et au Code d'entretien et d'occupation des residences du Nouveau - Brunswick constituent un risque pour la securite des occupants du batiment Beverly House Limited et des autres personnes qui y entrent : (i) les escaliers exterieurs en bois sur trois etages servant de second systeme de sortie pour plusieurs unites d'habitation se deteriorent et sont en mauvais etat de par leur structure; (ii) certaines unites d'habitation du batiment ne sont pas dotees d'une seconde sortie de secours servant en cas d'incendie, par exemple; (iii) 1'etat electrique du batiment est grandement deteriore. De nombreuses prises electriques du batiment sont mal installees et des cables electriques sont a decouvert; (iv) certaines unites d'habitation ne sont pas dotees de detecteurs de fumee tandis que d'autres le sont, mais pas aux bons endroits; (v) certaines unites d'habitation du batiment ne sont pas identifiees correctement; (vi) les escaliers arriere et les paliers contiennent du bois pourri et ne sont pas supportes de fagon efficace par leurs semelles; (vii) un certain nombre de planches a clin et du bardeau de plusieurs fagades du batiment sont mal fixes ou risquent de tomber sur un occupant ou un passant; (viii) la majorite des portes des unites d'habitation ne sont pas classees resistantes au feu; (ix) certaines fenetres de chambres a coucher ne s'ouvrent pas suffisamment grand conformement au Code national du batiment tandis qu'une fenetre d'une chambre a coucher ne s'ouvre pas du tout; (x) les separations coupe -feu sont abimees ou inexistantes. L'escalier de secours interieur arriere, la voie d'issue du sous -sol et la chaufferie du batiment ne comptent aucune separation coupe -feu. ATTENDU QUE M. Edwards a presente une demande d'ordonnance devant la Cour du Banc de la Reine du Nouveau - Brunswick qui : (i) sommerait Beverly House Limited d'evacuer le batiment dans les 15 jours suivant la signification de l'ordonnance (a moins que l'on ait entre temps remedie aux infractions susmentionnees constituant un risque pour la securite des personnes) et de s'assurer que le batiment demeure vacant et barricade de sorte a empecher toute entree non autorisee jusqu'a ce que l'on ait remedie aux infractions; (ii) sommerait Beverly House Limited de remedier a toute autre infraction non resolue a 1'arrete sur les normes minimales regissant les residences de Saint John et au Code d'entretien et d'occupation des residences du Nouveau - Brunswick selon les delais impartis par le juge et a la satisfaction de l'inspecteur des batiments; (iii) sommerait Beverly House Limited d'acquitter les frais judiciaires et des debours encourus par The City of Saint John au montant estime adequat par le juge. IL EST DONC RESOLU que M. William Edwards est, par les presentes, charge et autorise a deposer une requete au nom de The City of Saint John a la Cour du Banc de la Reine du Nouveau - Brunswick en vertu des dispositions de la Loi sur les municipalites du Nouveau - Brunswick pour l'ordonnance susmentionnee. A ('issue du vote, la proposition est adoptee. 33 93- COMMON COUNCIL /CONSEIL COMMUNAL June 23, 2008 /Le 23 juin 2008 14.4 City Market Update On motion of Councillor Court Seconded by Councillor Killen RESOLVED that the report with background information regarding the City Market management structure and current rental arrangements, bench rents and related information at the City Market, be referred to the City Manager for a report back in one month. Question being taken, the motion was carried. 14.4 Mise a jour — marche municipal Proposition du conseiller Court Appuyee par le conseiller Killen RESOLU que le rapport contenant des renseignements generaux au sujet de la structure de gestion du marche municipal, des dispositions de location, de la location de bancs et d'information connexe actuelles concernant le marche municipal soit soumis au directeur general pour qu'il produise un rapport dans un mois. A ('issue du vote, la proposition est adoptee. 14.5 Proposed Skateboard Park Update On motion of Deputy Mayor Chase Seconded by Councillor Snook RESOLVED that legal documents related to the establishment of a Skateboard Park be reviewed by the City Solicitor with a report back to Council at the next meeting with specific timelines. Question being taken, the motion was carried. 14.5 Mise a jour — planchodrome propose Proposition du maire suppleant Chase Appuyee par le conseiller Snook RESOLU que les documents juridiques sur I'amenagement d'un planchodrome soient examines par I'avocat municipal et que celui -ci presente a la prochaine seance un rapport comportant un echeancier precis. A ('issue du vote, la proposition est adoptee. 16. Adjournment The Mayor declared the meeting adjourned at 11:00 p.m. 16. Levee de la seance Le maire declare que la seance est levee a 23 h. Mayor /maire Common Clerk/greffiere communale 34 I W N W M z z x 0 H z Q F~ w w x 0 z x c C June 24, 2008 City of Saint John Your Worship and Councillors: We are writing this letter is in support of the proposed skateboard park in the uptown. We understand approvals that are required for insurance, however we want to underscore the importance of this project and hope that the youth of our community will soon be able to enjoy the facility. The positive benefits of a skateboard park in the city centre are great. Generations of Saint John youth will benefit greatly from the physical exercise as well as skills both mental and social that would be developed through this venue. Thank you for ensuring this project proceeds in a timely fashion. 0 �? Sean O'Neill President ._ Uptown Saint John Inc. c� (n T. 506.633.9797 F. 506.652.3525 www.uptownsj.com MR1 Saint John Art Club Inc. P.O. Box .2657 Saint John .NB EM 2Z1 Saint John Mayor and Council The following resolution was Passed at our regular meeting on June 27/2008. Whereas: concern over the placement of the John Hooper Stature and their future preservation have been made. And where as: Placement at Saint Andrews Square will place them out in the elements for further deteriation. And where as: these are of to great a value to be destroyed in this manner. Be it resolved that the Saint John Art Club 1908 request that city council consider a more sheltered position for the sculptures such as inside market square in front of the N.B. Museum or inside the museum or some other suitable location in the city protected from the elements and vandalism. We hope you will give this request due consideration. TL BA B John Nodd in . . Ed. , Immediate past president. Former member Saint John Art Advisory Board C: Telegraph Journal 01 July 2, 2008 To: Mayor and Common Council On behalf of Prude Inc., we the Black community, would appreciate a letter from our present day Mayor and Council recognizing our contribution to the City of Saint John under difficult conditions. These past injustices would not be tolerated in today's society. Respectfully submitted, (Source vlcriRrcl) Ralph Thomas President of Prude Inc. David J Peter's Past President of Prude. ON July 3, 2008 Mayor Ivan Court Members of Saint John Common Council City of Saint John PO Box 1971 Saint John, NB E2L 41-1 Your Worship and Members of Common Council, RE: REQUEST TO PRESENT AND TO SOLICIT FEEDBACK IN TO THE ENTERPRISE SAINT JOHN 2008 -2010 STRATEGIC PLAN As you are aware, Saint John is in a period of dramatic transformation. This transformation is introducing new opportunities — and new challenges — at an unprecedented pace. There are many signs that Saint John is well positioned to effectively meet these challenges and opportunities. There is a high level of cooperation between the regional Mayors and municipalities, there is increased activity with neighbouring provinces and states, there is a high degree of engagement from the community's organizations and companies, and there is strong growth in each of the four strategic growth sectors (Tourism, Health Sciences, Energy and Advanced Manufacturing, and Information and Communications Technology). As a result of the anticipated changes, Enterprise Saint John underwent a Strategic Planning process to align our efforts to the changing needs of the community. A major shift in emphasis for the organization will be workforce development. Enterprise Saint John will take the lead role in coordinating a fully developed community Workforce Expansion Strategy. Workforce development will become a core client service function, and be our most important priority. The traditional core program areas of entrepreneurship, small and medium -sized enterprise and investment attraction services remain a fundamental strategic priority for Enterprise Saint John. Moving forward there will be a particularly strong focus on entrepreneurship and targeted niche investment attraction services. We will continue its proactive support of the four emerging growth sectors, with a particular emphasis in 2008 -10 on the development of a diverse and sustainable local Grand Bay - Westfield - Quispamsis38Rothesay • Saint John - St. Mart Community Economic Development Agency • Agence de d6veloppement @conomique communautaire rue King Street ENTERPRISE Saint john, NB Canada E2L1G3 Ca T: 506- 658 -2877 0- 561 -2877 SAINT OHN F.. 5 F: 506 - 658 -2872 info@enterprisesi.com www.enterprisesj.com Mayor Ivan Court Members of Saint John Common Council City of Saint John PO Box 1971 Saint John, NB E2L 41-1 Your Worship and Members of Common Council, RE: REQUEST TO PRESENT AND TO SOLICIT FEEDBACK IN TO THE ENTERPRISE SAINT JOHN 2008 -2010 STRATEGIC PLAN As you are aware, Saint John is in a period of dramatic transformation. This transformation is introducing new opportunities — and new challenges — at an unprecedented pace. There are many signs that Saint John is well positioned to effectively meet these challenges and opportunities. There is a high level of cooperation between the regional Mayors and municipalities, there is increased activity with neighbouring provinces and states, there is a high degree of engagement from the community's organizations and companies, and there is strong growth in each of the four strategic growth sectors (Tourism, Health Sciences, Energy and Advanced Manufacturing, and Information and Communications Technology). As a result of the anticipated changes, Enterprise Saint John underwent a Strategic Planning process to align our efforts to the changing needs of the community. A major shift in emphasis for the organization will be workforce development. Enterprise Saint John will take the lead role in coordinating a fully developed community Workforce Expansion Strategy. Workforce development will become a core client service function, and be our most important priority. The traditional core program areas of entrepreneurship, small and medium -sized enterprise and investment attraction services remain a fundamental strategic priority for Enterprise Saint John. Moving forward there will be a particularly strong focus on entrepreneurship and targeted niche investment attraction services. We will continue its proactive support of the four emerging growth sectors, with a particular emphasis in 2008 -10 on the development of a diverse and sustainable local Grand Bay - Westfield - Quispamsis38Rothesay • Saint John - St. Mart Community Economic Development Agency • Agence de d6veloppement @conomique communautaire energy hub. As the regional economy continues to evolve, Enterprise Saint John will be responsive to emerging business and investment opportunities. As the Benefits Blueprint Initiative transitions in to the Program Management and Implementation Phase, Enterprise Saint John will continue to participate in that initiative as a strong community partner alongside all levels of government and the private sector. In order to ensure that we continue to coordinate our community planning and economic development efforts, we respectfully request the opportunity to appear before Mayor and Council to present key elements of the Enterprise Saint John 2008 -2010 Strategic Plan, and to invite feedback from Mayor and Council in to the regional economic development strategy and workplan. As your Economic Development Agency, we look forward to continuing to work closely with all members of Common Council and staff during this exciting time for our Community and our Region. Yours truly, A 9XI,�OtAAMOJ Bob Manning Chair, Enterprise Saint John Grand Bay - Westfield - Quispamsis Aothesay • Saint John • St. Mart Community Economic Development Agency • Agence de d6veloppement &onomique communoutaire rue King Street ENTERPRISE Saint John, NB Ca Canada E2L1G3 T: 506- 658 -2877 - 800-561 Sl NT T JOHN F: 506- 658 -2872 1.LN ,U i rpris infoC�enterprisesj.com www.enterprisesj.com energy hub. As the regional economy continues to evolve, Enterprise Saint John will be responsive to emerging business and investment opportunities. As the Benefits Blueprint Initiative transitions in to the Program Management and Implementation Phase, Enterprise Saint John will continue to participate in that initiative as a strong community partner alongside all levels of government and the private sector. In order to ensure that we continue to coordinate our community planning and economic development efforts, we respectfully request the opportunity to appear before Mayor and Council to present key elements of the Enterprise Saint John 2008 -2010 Strategic Plan, and to invite feedback from Mayor and Council in to the regional economic development strategy and workplan. As your Economic Development Agency, we look forward to continuing to work closely with all members of Common Council and staff during this exciting time for our Community and our Region. Yours truly, A 9XI,�OtAAMOJ Bob Manning Chair, Enterprise Saint John Grand Bay - Westfield - Quispamsis Aothesay • Saint John • St. Mart Community Economic Development Agency • Agence de d6veloppement &onomique communoutaire June 27`h, 2008 ENTERPRISE SAINT JOHN Mayor Ivan Court Members of Saint John Common Council CITY OF SAINT JOHN P. O. Box 1971 Saint John, NB E2L 4L I RE: CHANGES TO LETTERS PATENT Your Worship and Members of Common Council: 40 rue King Street Saint John, NB Canada E2L1G3 T: 506- 658 -2877 1- 800 -561 -2877 F: 506- 658 -2872 info@enterprisesi.com www.enterprisesj.com This past year the Board of Directors of the Greater Saint John Community Economic Development Agency Incorporated (Enterprise Saint John) established a Governance Committee to conduct a review of our organization's governance model, Letters Patent and By -laws. As a result of that review, the Board has approved (subject to obtaining the approval and consent of each of our appointing bodies) amendments to both our Letters Patent and By -laws. We therefore respectfully request that you consider and approve the amendments summarized as follows: Letters Patent: 1. Language change for the use of the terms "Chairperson" and "Vice- Chairperson" to "Chair" and "Vice- Chair" respectively. 2. Revise the current Reporting to Municipalities process to state that the Agency will report annually to `each individual' participating municipality (or their respective representatives). At present, the Letters Patent state that our organization will report twice annually to a `joint' meeting of councils. In addition, a provision has been added to state that we would meet at anytime at the request of our participating municipalities. By-laws: Grand Bay - Westfield • Quispamsis4oRothesay • Saint John • St. Mart Community Economic Development Agency • Agence de d@veloppement Oconomique communautaire 1. Language change for the use of the term "Commission" to "Agency" to reflect the current Letters Patent. 2. The addition of "the Village of St. Martins" to reflect the current Letters Patent. 3. Language change for the use of the terms "Chairperson" and "Vice- Chairperson" to "Chair" and "Vice- Chair" respectively; 4. Language change for the use of the term "General Manager" to "CEO ". 5. Revise the description of quorum for meetings to "a majority of appointed directors," rather than "seven directors represent a quorum." We have enclosed copies of the original Letters Patent, Amended Letters Patent and By -laws with the additions highlighted in green and deletions in red for your review. Once we have received written approval from you and our other appointing bodies we would like to proceed with filing the amendments to the Letters Patent with the province of New Brunswick in September, 2008. Thank you for your attention to this matter. Your truly e ' i Bo Ma Wing, Chair Enterprise Saint John Cc: Dora Nicinski, Chair, Enterprise Saint John Governance Committee Enc. Grand Bay - Westfield • Quispamsis41 Rothesay • Saint John - St. Marti Community Economic Development Agency • Agence de d6veloppement Oconomique communautaire rue King Street ENTERPRISE Saint John, NB Ca Canada E2L1G3 T : 506- 658 -2877 1- 800 -561 -2877 SSAINT O J F: 506 - 658 -2872 info@enterprisesj.com www.enterpri5e5j.com 1. Language change for the use of the term "Commission" to "Agency" to reflect the current Letters Patent. 2. The addition of "the Village of St. Martins" to reflect the current Letters Patent. 3. Language change for the use of the terms "Chairperson" and "Vice- Chairperson" to "Chair" and "Vice- Chair" respectively; 4. Language change for the use of the term "General Manager" to "CEO ". 5. Revise the description of quorum for meetings to "a majority of appointed directors," rather than "seven directors represent a quorum." We have enclosed copies of the original Letters Patent, Amended Letters Patent and By -laws with the additions highlighted in green and deletions in red for your review. Once we have received written approval from you and our other appointing bodies we would like to proceed with filing the amendments to the Letters Patent with the province of New Brunswick in September, 2008. Thank you for your attention to this matter. Your truly e ' i Bo Ma Wing, Chair Enterprise Saint John Cc: Dora Nicinski, Chair, Enterprise Saint John Governance Committee Enc. Grand Bay - Westfield • Quispamsis41 Rothesay • Saint John - St. Marti Community Economic Development Agency • Agence de d6veloppement Oconomique communautaire New " '° "' Nouveau Bru"fillswkk PROVINCE OF NEW BRUNSWICK LETTERS PATENT INCORPORATING PROVINCE DU NOUVEAU BRUNSWICK LETTRES PATENTES CONSTITUANT EN CORPORATION GREATER SAINT JOHN ECONOMIC DEVELOPMENT COMMISSION, INCORPORATED a u Ref. No. /N° de renvoi R ,; " `. TO ALL TO WHOM THESE PRESENTS SHALL COME, or who the same way in anywise concern, Greeting: WHEREAS, in and by the "companies act" (being Chapter C -13 of the Revised Statues, 1973), it is amongst other things in effect enacted, that the Minister of Justice may, by Letters Patent, grant a Charter to any number of persons not less that three, who have complied with the requirements of the Act, apply therefore, constituting such persons and others who thereafter become Shareholders or members (as the case may be) in the Company thereby created, a Body Corporate and Politic, for any of the purposes or objects to which the Legislative authority of the Legislature of New Brunswick extends, except the construction and working of Railways, the Business of Insurance other than as provided in Part II, the Management of Trades Unions, Friendly Societies, Building Societies, Trust Companies, Loan Companies, or other Associations of like character, upon the applicants therefore establishing to the satisfaction of the Minister of Justice due compliance with the several conditions and terms in and by the said Act set forth and thereby made conditions precedent to the granting of such Charter. WHEREAS an application has been filed to incorporate a company pursuant to the provisions of Part I of the Companies Act, under the name of A TOUS CEUX QUE LES PRESENTES INTERESSENT OU INTERESSERONT, SALUT: ATTENDU QU'AUX terme et en vertu de is "LOI SUR LES COMPAGNIES" (chapitre C -13 des Lois revisdes de 1973), it est ddcretd entre autres que le minister de la Justice peut, par lettres pattentes, accorder une charte 4 tout groupe d'au moins trios personnes qui, apres avoir satisfait aux exigences de la loi, demandent une telle charte les constituent, elles et touter les autres personnes qui deviennent par la suite actionnaires ou membres (selon le cas) de la compagnie ainsi crdde, en corporation pour les objets et fins relevant de I'autoritd de la legislature du Nouveau - Brunswick, sauf la construction ou 1'exploitation de chemin de fer, les operations d'assurance sauf dans les cas prdvus � la pantie II, la direction de syndicates ouvriers, les societds de secours mutuel, les socidtds immobilieres, les compagnies fiduciares, les compagnies de prets ou d'autres associations en meme nature, aupres qu'elles auront ddmontr€ A la satisfaction du ministre de la Justice qu'elles se sont dument conformds aux diverses conditions et modalitds que ladite loi prdvoit et impose comme conditions prdalables A l'octroi de cette charte; ET ATTENDU QU' une demande a dtd ddposde visant A constituer une compagnie conformdment aux dispositions de la Partie I de la Loi sur les compagnies sous la raison sociale suivante: GREATER SAINT JOHN ECONOMIC DEVELOPMENT COMMISSION, INCORPORATED THEREFORE, under the authority of Part I of the Companies Act, by these presents, constitutes the applicants and such persons as may hereafter become members in the company hereby created, a body corporate and politic under the above name, all the rights and powers conferred by the said Act, pursuant to the provisions of the application which is attached hereto and forms part hereof. PAR CONSEQUENT, en vertu de 1' autoritd de la Partie I de la Loi sur les compagnies, les prdsentes lettres patentes constituent conformdment aux dispositions de is demande qui y est jointe et en fait partie, les requdrants et les personnes qui deviendront ulterieurement membres de la compagnie ainsi crdde en une corporation sous la raison sociale prdcitde, dotde des pouvoirs et droits confdrds par cette loi. GIVEN under my hand, the 31st day of REVETU de ma signature, le jour de Minister of Justice/ Le ministre de la justice March, 1998 u APPLICATION FOR INCORPORATION UNDER THE COMPANIES ACT (NEW BRUNSWICK) (Companies Act, R.S.N.B. 1973, c. C -13, ss. 7(1)) FORM 36 TO THE HONOURABLE MINISTER OF JUSTICE The application of David G. Barry Grace Losier William J. Bishop Daryl R. Bishop for the purpose of promoting economic development in the municipalities of the City of Saint John, the town of Rothesay, the town of Quispamsis and the town of Grand Bay - Westfield (hereinafter each a "participating Municipality" and collectively called the "participating Municipalities" and geographically the "Region "), respectfully shows as follows: COMPANY NAME u u The undersigned applicants are desirous of obtaining Letters Patent under the Companies Act, constituting your applicants and such others who may become members in the company hereby created a body corporate and politic, under the name of GREATER SAINT JOHN ECONOMIC DEVELOPMENT COMMISSION, INCORPORATED or any such other name as shall appear to you to be proper in the premises The undersigned have satisfied themselves and are assured that the proposed corporate name of the company under which incorporation is sought is not the corporate name of any other known company incorporated or unincorporated or a registered partnership or business name or any name liable to be confounded therewith or otherwise on public grounds objectionable other than The Greater Saint John Economic Development Commission which was incorporated by The Greater Saint John Economic Development Commission Act, c. 11 0 S.N.B. 1994, a private act of the legislature of New Brunswick. Transmitted with this application is the consent of The Greater Saint John Economic Development Commission to this application and to the use of the name "Greater Saint John Economic Development Commission" and its undertaking to take all available measures to have its name changed or the Act repealed. OBJECTS AND PURPOSES The purposes for which incorporation is sought by the applicants are: (a) To provide small business counseling, consulting, advisory and other services throughout the Region; GREATER SAINT JOHN ECONOMIC DEVELOPMENT COMMISSION, INCORPORATED Application for Incorporation Page 2 (b) To provide small business counseling, consulting, advisory and other services to other areas within the counties of Saint John and Kings or outside the Region, if considered appropriate; (c) to promote business and industrial development in the Region; (d) to seek, promote, solicit and encourage the establishment, development and growth of new businesses and industries in the Region; (e) to encourage the development and growth of existing businesses and industries within the Region; (f) to undertake economic development and promotion initiatives for the Region; (g) to develop and implement economic development strategies for the Region; (h) to investigate the inclusion of tourism development for the Region within the mandate of the company including, without limitation, the marketing and promotion of the Region as a place to live, carry on business and to visit and, if unanimously agreed by the participating Municipalities, to develop and implement tourism development strategies and initiatives for the Region; LO (i) To promote, establish and develop business and industrial parks in the Region; (j) to establish an annual budget for the company and to obtain the unanimous approval of the participating Municipalities for the budget; (k) to calculate each participating Municipality's share of the costs of the company's budget based upon and pro -rata to each participating Municipality's property tax base used to determine property tax rates for the participating Municipality's budget year (excluding property owned by the Government of Canada or its crown corporations or agencies not subject to real property tax), in accordance with provincial legislation or in any other mariner unanimously agreed by the participating Municipalities, and to present the calculation to the participating Municipalities for their unanimous approval; (I) to enter into arrangements with any public or private authorities that are conducive to the attainment of the objects of the company and to obtain from these authorities any arrangements, rights, privileges and concessions which the company may think it desirable to obtain, and to carry out, exercise and comply with these arrangements, rights, privileges and concessions, (m) to solicit and accept grants, subsidies or other contributions to the costs of the company from federal, provincial and municipal governing bodies and their agencies or other public or private entities, and to enter into and carry out agreements and undertakings in connection with the grants, subsidies or contributions; GREATER SAINT JOHN ECONOMIC DEVELOPMENT COMMISSION, INCORPORATED Application for Incorporation Page 3 (n) to solicit, accept, acquire by purchase, lease, agreement, grant, donation, bequest or otherwise property necessary for the carrying on of the undertaking of the company and to enter into and carry out agreements and undertakings in connection with the property and its acquisition; (0) to hold, manage, sell or convert any of the property from time to time owned by the company and to invest and reinvest any income or principal of the monies of the company as a trustee in any manner as may from time to time be determined by the directors exercising the judgment and care that a man of prudence, discretion and intelligence would exercise as a trustee of the property of others; (p) to demand, receive, sue for, recover and compel the payment of all sums of money that may become due and payable to the company and generally to sue and be sued; (q) to employ assistants, clerks, agents, representatives or employees and to maintain offices and other facilities and to incur reasonable and necessary expenses within the mandate and purposes of the company; (r) to draw, make, accept, discount, execute and issue bills of exchange, promissory notes and other negotiable instruments; M u (s) to do all other acts and things as may seem directly or indirectly incidental to or conducive to or convenient or proper for the purposes of the company or the attainment of the mandate and objects of the company or expedient for the protection of the company and its members. POWERS The company shall exercise and be subject to clauses (a) through 0) inclusive of subjection 18(2) of the Companies Act. PROPERTY The company is to have no capital stock and may acquire personal property to a cost or value not to exceed one hundred and fifty thousand dollars ($150,000.00). The company shall hold all property acquired by it by purchase, gift or otherwise and the income and profit arising from it in trust for the purposes and objects for which incorporation is sought. GREATER SAINT JOHN ECONOMIC DEVELOPMENT COMMISSION, INCORPORATED Application for Incorporation Page 4 HEAD OFFICE The head office and mailing address of the company in New Brunswick will be at 40 King Street, Saint John, N.B. E2L 1G3 or at any other place or mailing address within the Region determined from time to time by the directors. THE APPLICANTS The following are the names in full and the address and calling of each of the applicants:- APPLICANT ADDRESS CALLING David G. Barry Barry & O'Neil Lawyer P.O. Box 6010, Sta. A 3"6 fl — Royal Bank Building 85 Charlotte Street Saint John, NB E2M 4G2 Grace Losier Town of Grand Bay - Westfield Mayor P.O. Box 180 Grand Bay Community Centre Grand Bay - Westfield, NB EOG 1 WO William J. Bishop Town of Rothesay Businessman & 149 gibbon Road Deputy Mayor Rothesay, NB E2H 1 R4 Daryl Bishop Town of Quispamsis Manager & 18 Municipal Drive Councillor Quispamisis, NB E2E 4Z4 The applicants will be the first directors and members of the company. Each of your applicants is of the full age of nineteen (19) years. FITUTRI-1111M The company will be managed by a board of directors consisting of fourteen (14) members appointed by the participating Municipalities in the following manner: a u GREATER SAINT JOHN ECONOMIC DEVELOPMENT COMMISSION, INCORPORATED Application for Incorporation Page 5 • one (1) member appointed by the Council of the town of Quispamsis; • one (1) member appointed by the Council of the town of Quispamsis chosen from • the business community or from a list of names submitted by the Kennebecasis Valley Chamber of Commerce or any successor body representing the business community; • one (1) member appointed by the Council of the town of Rothesay; • one (1) member appointed by the Council of the town of Rothesay chosen from the business community or from a list of names submitted by the Kennebecasis Valley Chamber of Commerce or any successor body representing the business community; • one (I) member appointed by the Council of the town of Grand Bay - Westfield; • one (1) member appointed by the council of the town of Grand Bay - Westfield chosen from the business community or from a list of names submitted by the River Valley Chamber of Commerce or any successor body representing the business community; • four (4) members appointed by the Common Council of the City of Saint John; and • four (4) members appointed by the Common Council of the City of Saint John Co • chosen from a list of names submitted by the Saint John Board of Trade or any • successor body representing the business community of the City. The following are the names in full and the address, calling, term and appointing Municipality of each of the persons who will be the directors of the company after the first organizational meeting of the first directors of the company following approval of this application and the issuance of the Letters Patent. DIRECTOR ADDRESS CALLING MUNICIPALITY TERM Daryl R. Bishop Town of Quispamsis Manager & Quispamsis 2 years 18 Municipal Drive Councillor Quispamsis, NB E2E 4Z4 J. Paul O'Hara NB Tel Regional Quispamsis I year One Bruswick Square Manager P.O. Box 1430 Saint John, NB E2L 2K2 William J. Bishop Town of Rothesay Businessman & Rothesay 3 years 149 Gibbon Road Deputy Mayor Rothesay, NB E2H J R4 GREATER SAINT JOHN ECONOMIC DEVELOPMENT COMMISSION, INCORPORATED Application for Incorporation Page 6 DIRECTOR ADDRESS CALLING MUNICIPALITY TERM J. Patrick Gallagher Shadow Lawn Inn Innkeeper Rothesay 2 years 3180 Rothesay Road Rothesay, NB E2E 5V7 Grace Losier Town of Grand Bay — Mayor Grand Bay- 3 years Westfield Westfield P.O. Box 180 Grand Bay Community Center Grand Bay - Westfield, NB EOG 1 WO Diane Bormke P.O. Box 738 Publisher Grand Bay- 1 year 86 George Street Westfield Grand Bay - Westfield, NB EOG 1 WO E. Neil McKelvey Stewart McKelvey Lawyer Saint John 3 years Sterling Scales P.O. Box 7289, Sta. A 44 Chipman Hill Saint John, NB E2L 4L5 Dr. Rick Miner University of New University Saint John 3 years Brunswick Vice-President Saint John Campus P.O. Box 5050 Tucker Park Road Saint John, NB E2L 4L5 Peter G. Murray Manulife Financial Account Saint John 2 years 75 Prince William Street Representative Saint John, NB E21, 2B2 John Thomas Saint John Shipbuilding President Saint John 2 years P.O. Box 970 300 Union Street Saint John, NB E2L 4E5 Bruce J. Dowd Wm. P. Dowd & Sons President Saint John 1 year Ltd. 550 Somerset Street P.O. Box 5 Saint John, NB E21, 3X1 Darryl Goyetche Saint John Board of General Manager Saint John 3 years Trade 40 King Street Saint John, NB E2L 1 G3 a u GREATER SAINT JOHN ECONOMIC DEVELOPMENT COMMISSION, INCORPORATED Application for Incorporation Page 7 DIRECTOR ADDRESS CALLING MUNICIPALITY TERM Helen Halliday Delta Brunswick Hotel General Saint John 3 years 6`s Level, Mezzanine Manager 39 King Street Saint John, NB E21, 4W3 David G. Barry Barry & O'Neil Lawyer Saint John 2 years P.O. Box 6010, Sta A 3rd fl- Royal Bank Building 85 Charlotte Street Saint John, NB E2M 4G2 The Mayors of each participating Municipality (unless they are a director), by virtue of their office, are entitled to receive notice of and to attend and be heard at meetings of directors but are not entitled to vote. A Mayor (if they are not a director, or if they are a director and are unable to attend a meeting) may send their designate to a meeting of the directors to represent them. The designate must be the Deputy Mayor or a member of the Council, or the City or Town Manager of the participating Municipality and is not entitled to 0 vote. LO The other qualifications of a person to serve as a director of the company may be established from time to time by the by -laws of the company. A director shall be appointed to hold office for a term of three (3) years and shall hold office until their successor is elected or appointed. The terms of the directors have been established by the participating Municipalities and will be considered to take effect on the issuance of Letter Patent and will expire on the later of March 31 of the appropriate year based upon the length of their term or the appointment of their successor. The terms of the directors have been have been staggered for continuity. A director (including the first directors) may serve for no more than two (2) consecutive terms. A director, on being appointed to office, shall be considered a member of the company and the directors shall be the only members of the company. A director of the company may be removed from office (with or without cause) by the participating Municipality which appointed the director. In the event of a vacancy occurring on the board of directors for any reason the participating Municipality which appointed the director shall appoint a director for the duration of the term of the director. GREATER SAINT JOHN ECONOMIC DEVELOPMENT COMMISSION, INCORPORATED Application for Incorporation Pagel The officers of the company shall be a chair chairperson, a vice-(:hair Voce Chairperson, a secretary and a treasurer, and any other officer established under the by-laws of the company. The duties of the officers shall be established by the by-laws of the company. The offices of r_-.hair chaiq)erson, vice chair vice-chairperson, secretary and treasurer shall be elected or appointed annually by the directors from among themselves in the manner determined by by-law. Any other officers appointed by the directors need not be directors. A director may serve no more than two (2) consecutive one (1) year terms as chai,ii.-pti-son unless the directors unanimously agree to extend their term. The directors may limit the terms of other officers by resolution or by-law. The directors may, in relation to the company, employ and act on the opinion, advice or information obtained from any lawyer, accountant, valuer, broker or other professional or expert and shall not be responsible for any loss occasioned by acting or not acting on the advice or information, and are entitled to pay proper and reasonable compensation for any opinion, advice or assistance. Meetings of directors and members of the company may be held together. LO Members and directors may participate in a meeting, or a meeting of members or directors may be held, by telephone conference call or other communication facilities that permit all members or directors to hear and communicate with each other. A member or director participating in a meeting by communication facilities is considered to be in attendance at the meeting. Meeting's of the members or directors of the company shall be held in the Region or at nny other place within New Brunswick determined by the directors. A resolution in writing signed by all the directors entitled to vote on the resolution at a meeting of the directors, or a committee of the directors, is as valid as if it had been passed at a meeting of the directors or committee of directors, and a copy of the resolution shall be kept with the minutes of the meetings or proceedings of the directors or committee of directors. A resolution in writing signed by all the members of the company entitled to vote on the resolution at a meeting of members is as valid as if it had been passed at a meeting of the members and a copy of the resolution shall be kept with the minutes of the meetings of members. GREATER SAINT JOHN ECONOMIC DEVELOPMENT COMMISSION, INCORPORATED Application for Incorporation Page 9 REMUNERATION OR BENEFIT The directors of the company, and any officers of the company who are directors, shall serve without remuneration other than payment of reasonable expenses incurred in the performance of their duties and no director shall directly or indirectly receive any benefit or profit from his position as a director. The company shall not carry on any business or trade for the pecuniary gain or profit of its members, directors or officers, and any profit or other accretions to the company shall be held in trust and used for the purposes and objects of the company. INDEMNITY TO A DIRECTOR Each director of the company shall assume office on the express undertaking, agreement and condition that every director and their heirs, executors, administrators and estate shall from time to time and at all times be indemnified and saved harmless out of the funds of the company from and against costs, losses, charges and expenses which the director sustains or incurs in or about any action, suit or proceeding which is brought, commenced or prosecuted against him for or in respect of any act, deed, matter or thing made, done or permitted by them in or about the execution of the duties of their office and also from and against all other costs, losses, charges and expenses, including traveling and other expenses I which they sustain or incur in or about or in relation to the affairs of the company, except N costs, losses, charges or expenses which are occasioned by their own willful neglect, misconduct or default. LIQUIDATION On the liquidation or other dissolution of the company the assets of the company shall be distributed to or among a not -for- profit entity or entities succeeding to or assuming responsibility for the mandate of the company. If there is no successor not - for - profit entity to the company, the assets shall be distributed among the participating Municipalities in the same manner or proportion they contributed to the budget of the company during its last full fiscal year or in any other manner agreed by the participating Municipalities. The provisions of paragraph 14(1)(u) of the Companies Act do not apply to the company. FISCAL YEAR The fiscal year of the company shall end on December 31" in each year unless changed by the directors and members of the company by by -law with the consent of all the participating Municipalities. GREATER SAINT JOHN ECONOMIC DEVELOPMENT COMMISSION, INCORPORATED Application for Incorporation Page 10 I'lie, Board of [)ircca (,Yrs or iht,-,ir i-cpre"Ciltalives skall une�cl (.N.Ich 0hlcir I'IcSITCICIM. to �'wrcsicxa �1.1%: -iii�, 7 1 % reporl O'd - Coiaipan.N Thic Roail,d oF I )ireictiors sliall also repol't to or 1111jeel %a1011 flllc, fro rl Gallo to V��IrF e 11.11C, of (11c. Mu[,nici ahtles. The board of diFectors or flicir representairves Sh.111 ineet johaly wilh the Cooru;fls of ffic participating MunicipMities: during 1he month of March, in each year to, pu,Iesent the anniiial ieport of the cotnpany�� and during the niorah of Sq)tcmbe�, in each yez, io rq)ort, and to presei,a aui d subn it for approval ['110 CM VI I!UIY's proposcd 1:)L1kjg0t for uts nexi N]sk'111 year, I'll board of directors sliall a�soi report to or joinfly �ineet with the Mt, nlc pah�,ic,s frmi� fline to fline at thejoint request 01,1fic P�Uqicip��Itial'g mu liclpajitJes W55TV 1110 UBQ 1_01&" W 101 URV WIN 0 0112 1 The directors and members of the company shall not enact, approve, ratify or confirm any by-law or resolution or take any other steps intended to amend the Letters Patent of the company without having first obtained the approval of each participating Municipality to the proposed amendments. [The remainder of this page has been intentionally left blank] co LO GREATER SAINT JOHN ECONOMIC DEVELOPMENT COMMISSION, INCORPORATED Application for Incorporation Page 11 REGISTER A company register has been opened and a .memorandum of agreement by the applicants under seal, in accordance with the Companies Act has been executed in duplicate, one of the duplicates being transmitted with this application. The undersigned request that a Charter may be granted constituting them and such other persons as hereafter become members in the company, a body corporate and politic for the purposes set forth. SIGNATURE OF WITNESS SIGNATURE OF APPLICANT ........................ ............................... Witness . ............................... David G. Barry ......... _ ..................... Witness Grace Losier Witness William J. Bishop Witness _ Daryl R. Bishop DATED at Saint John, New Brunswick on March 19, 1998. Enacted: April 29, 1998 GENERAL BY -LAWS OF GREATER SAINT JOHN COMMUNITY ECONOMIC DEVELOPMENT A,GEN(A'C0NfNHSS10N INC. BACKGROUND The GREATER SAINT JOHN COMMUNITY ECONOMIC DEVELOPMENT A1,', 1m1` 11 ' (:'1" COMMISS101111S INC (the "Agionq1, Commission ") was incorporated by Let- ters Patent issued by the Minister of Justice for the Province of New Brunswick and dated March 31, 1998 and ended on June 26, 2002 (the "Letters Patent'). The An,e ncy Conunission was established and caused to be incorporated by the City of Saint John, the town of Grand Bay - Westfield, the town of Rothesay, the town of Quis- pamsis andffic Village of St. N1aftinns (addid.on.) (collectively "Greater Saint John" or the "Municipalities" and individually a "Municipality ") to carry business development, small business counseling and other purposes more particularly described in the Letters Patten. The directions of the Agency Con,anission consider it advisable to pass general by -laws for the regulation of the Agency',, Coiri:nni,ssio�n's affairs. `o ACCORDINGLY the following are enacted as the general by -laws of the A,1:iILNIC: "onnsnni;ssionn. 1 FISCAL YEAR 1.1 The fiscal year of the Carr nnnn.ssionn. shall terminate on December 31 in each year. 2 CORPORATE SEAL 2.1 The corporate seal of the Agency Connunnissisnnn shall have inscribed there on s `on r n n w n b n u snn.n. and the year of its incorporation. It is as the name of the � i „ii,n�an�nn; d shown on the impression of the right margin. l,"i'M 0111y nn fll[Orizx,:�dl office n,, ndim°wot's„ or mnnnnd°mioiIC."(n,ns s77ay Sign docnmlmaents 1011Jll.y an offic°ien or u:nf'hicen-s, u]d rectos (�).r dnncc°tosns Oat an tiwnngflcm ),,ec, or employees ann- dsnnnn ed to sign diocunniennt,s under the corporate seal under these by -laws or a resolution of the board may sign under the corporate seal. 2.3 The corporate seal, when not in use, shall be kept at the office of the i' "onn vissnomon and in the custody of the Secretary. GREATER SAINT JOHN COMMUNITY General By -Laws ECONOMIC DEVELOPMENT AGENCY INC. Page 2 3.1 The affairs of the ,0.m,m n � Col ill minission shall be managed by the board of di- rectors established under the Letters Patent (the "board ") who may exercise all powers and do all acts and things under which may be exercised or done by the Coinrrmissi on. 4.1 A director's term of office shall be established and limited in accordance with the Letters Patent. 5.1 The office of a director is vacated if a director resigns their office by notice in writing to the Agency Commission or the Municipality which appointed the director; if the director is removed from the office by resolution of the Council of the Municipality which appointed the director; or on expiry of his or her terra. 6.1 All acts done bona fide by any meeting of the board or by any person acting as a director, notwithstanding that it is discovered that there was some defect in the election or appointment of any nier ber of tbe Board or person acting as a director, or that they or any of them were disqualified, is as valid as if every person had been duly elected or appointed and was qualified to be a director. 7 DIRECTOR CONTRACTING WITH '1��" Cl` COMMISS [ON 7.1 Subject to section 7.2, the Con nmssio ,u may enter into contracts or transact business with one or more of its directors or members or with any firm of which one or more of its directors are members or employees, or with any other corporation or association of which one or more of its directors or members are shareholders, directors, officers or employees. The contracts or transactions are not invalidated or affected by the fact that the director or di- rectors, or member or members, have or may have interests in the contracts which are or might be adverse to the interest of the d l Commission as long as the fact of the interest has been disclosed to the other directors and members acting upon or in reference to the contracts or transactions and the director or directors, and member or members, have not participated in or in- fluenced the decision with respect to the contracts or transactions. z. GREATER SAINT JOHN COMMUNITY General By -Laws ECONOMIC DEVELOPMENT AGENCY INC. Page 3 7.2 The Comm ission shall not enter into contracts or transact business � ..m °irmq° with one or more of its directors or members who are subject to conflict of in- terest legislation or guidelines as elected representatives of a municipality or other government. 7.3 A general notice that a director is a member, officer or shareholder of any specified firm, partnership, syndicate, association or corporation and is to be regarded as interested in all transactions with that firm, partnership, syndicate, association or corporation, is sufficient disclosure in respect to the director and the contracts or transactions and after the general notice it shall not be necessary for the director to give special notice of any particular contract or transaction with that firm, partnership, syndicate, association or corporation. 1) 1 19 1 1► 11 11 04 VIA"'i 016111 1 r r 8.1 Subject to section 7.2, a director or member of this .),­ency Commission may be or become a shareholder or director of any corporation in which this Aic"LI .1V Coinrnissmon may be interested as vendor to, purchaser from or oth- erwise, and no director or member shall be accountable for any benefits re- ceived as a shareholder or director of the corporation. 9.1 No remuneration is to be paid the directors by the Agency Comrillssion. 10.1 Each director of the Aqi.,i m,nn °y Coiinmmi sio n assumes office on the express un- dertaking, agreement, and condition that every director of the Agemmm,, Corn... nd i( °un°m and their heirs, executors, administrators, estate and effects respec- tively shall at all times be indemnified and saved harmless out of the funds of the Aqm;mmnm y Conunission from and against all costs, losses, charges and ex- penses whatsoever which the director sustains or incurs in or about any action, suit or proceeding which is brought, commenced or prosecuted against them for or in respect to any act, deed, matter or thing whatsoever made, done or permitted by him in or about the execution of the duties of their office, and also from and against all other costs, losses, charges and expenses whatsoever, including traveling expenses, which they sustain or incur in or about or in re- lation to the affairs of the � �dq��mTMmma��i "o namui mmm;ionn, expect costs, losses, charges or expenses occasioned by their own willful neglect or default. i GREATER SAINT JOHN COMMUNITY General By-Laws ECONOMIC DEVELOPMENT AGENCY INC. Page 4 11. LIABLITY No director or officer for the time being of the Commission is liable for the acts, receipts, neglects or defaults of any other director, officer or em- ployee of the A ' p m m ency Coi&,;icn; for joining in any receipt or act for con- formity; for the loss, damage, or expense happening to the A,(,�A-ncv Corariiis- sioiii through the insufficiency, or deficiency of title to any property acquired by order of the board for or be-half of the Conunisii0n; for the insuffi- ciency or deficiency of any security iii or upon which any of the money, of or belonging to the j%giancy Conimission, shall be placed out or invested; for the loss or damage arising from bankruptcy, insolvency or tortuous act of any per- son, firm or corporation with whom which any money, securities or effects of the enicy Commission shall be lodged or deposited; or for any other loss, damage or misfortune whatsoever which may happen to the %-c cy Conanis &icin in the execution of the duties of their respective office Of trust or in rela- tion to their office; unless the same shall happen by or through their own will- ful neglect or default. 12.1 The directors of the ikit C1111C conimission, are authorized from time to time to give indemnities to any director, officer or other person who has undertaken or is about to undertake any liability on behalf of the Agency Cornmission and may acquire directors liability insurance for the directors. 13 PLACE 13.1 Meetings of the board or members may be held at the office of the Coahniission or elsewhere in Greater Saint John or the Province of New Brunswick as the directors may from time to time determine. 14.1 The d,'iair chab'pm'son, or in their absence the ctcair vice-ciiiabTerson, or any two directors may at any time convene a meeting of the board or the members. The secretary by direction of the i chairperson, or in the ab- sence of the ch��d r chi !�irperson, the ice claaii vice diairpenson, or any two di- rectors shall convene a meeting of the board or members. 15 NOTICE 15.1 Notice of a meeting of the board or members shall be given to each director or member, and to the Mayor of each Municipality at least seven (7) clear days before the meeting is to take place. Meetings may be held on two (2) days no- tice if the citair (,,Ili airpe'i'sw or other persons calling the meeting consider it necessary. Meetings of the board or members may be held at any time without V " 0 r o i General By -Laws Paee 5 formal notice if all directors or members are present, or if those absent have signified their consent in writing to the meeting being held in their absence. 16.1 A n1aJor11i° cf aimroimm.1.a.ai mii�:INA()IW° �,� II.�� �a �mA. a (..iu.w r° iii ii Seven (7) directors mrp... resent a quomrmei for the transaction of business at any meeting of the directors l m,), !imm` "oniiiini.ssio m. or members o ii the • r �r " r 17.1 If less than a quorum of the directors or members is in attendance at the time for which any meeting of the board has been called, the meeting may, after a lapse of fifteen (15) minutes from the time appointed for holding the meeting, may be adjourned from time to time by the directors or members present for a period of up to one (1) week at any one time without any notice other than by announcement at the meeting until a quorum attends. 17.2 Any meeting of the board or members at which a quorum is present may also be adjourned in like manner for the period of time determined by vote. At any adjourned meeting at which a quorum attends, any business may be transacted which might have been transacted if the meeting had been held as originally called. t I 18.1 Questions arising at any meeting of the board or members shall be decided by a majority vote of those present. OFFICERS OF THE ,Gl, I.'Y COMMISSION 19.1 The officers of e imr. mgr.:° " Connnission shall consist of a chair s'im �e �m:�ii� mum cliairpersm:mm���r, a secretary, a treasurer and the CEf� ¢_ 'Yc nc', I� �mm 19.2 Any two of the offices, except those of cluair° chaiiperson and r ir° :° c1iaiar v ice- rimab'person, may be held by the same person. ►f UVI DUMF M1k m i� ° I "emiumrummssimrrs (other than the "f;( m erumrai Man 20.1 Teo officers o e ,�� rqr: agie r) shall serve without remuneration from the mtibarn Amin Corr rulissirm¢m. .'►I r "' 0 L" 11 XT - AD IKIJ U05 I WIN WW" 0101wa 10% General By-Laws Page 6 21.1 The c iafi­ chaifl�)erson, %iiu:e ilt Jii vice chahperson, secretary and treasurer shall be elected annually by the directors from amongst themselves. All other officers need not be members or directors of the %geiiicy Comixiiission, and shall be appointed by the board and hold office only during the pleasure of the board. The if.I[i-air diairpersor may not hold the office of d,hiiiii- chauperson for more than two (2) consecutive one (1) year terms unless the directors unani- mously agree to extend their term. 21.2 The term of office for an officer expires on the later of (March 31")? in each year or when their successor is elected or appointed. 21.3 The officers of the Cornrnis ioiD (other than the General Manager) shall be elected of appointed during the March meeting or the board and shall assume office on April 1" in each year. The directors may appoint a nominat- ing committee to make recommendations to the board for the election or ap- pointment of officers for the following year. 1 21.4 The CE0 Gcnera�i Manager of the Agenc)� Coaffliiissioli"i shall be appointed by the board who may establish their terms of employment including the term of their appointment, their remuneration and other employee benefits. 21.5 All officers, in the absence of agreement to the contrary, may be removed by resolution of the board at any time, with or without cause. 21.6 To the extent appropriate, the board may take into account the residency of directors within Greater Saint John in electing or appointing its officers. IL I MU 0 IWI 5 22.1 in case of absence of the ci.'KAir ch lii i)erso it the vicc­ cll. air vice &hairperson or any other officer of the or for any other reason that the board may consider sufficient, the board may delegate for the time being the powers of the officer to any other officer or any director of the Ag,cric,y Cott)- missioti, if a majority of the entire board concurs. 1 .1 DUTIES OF CHAI µ1f.41111 RIIERSON 23.1 The �,hair chairperson, shall preside at meetings of the board and members; sign all instruments which require the c1ialr's cfiwrpers(�)ris signature; perform all duties incident to the office of a.,,hair chairpeismi and have the powers and duties assigned to the c1wh' c1liairperson by the board. 23.2 The �,'hair cliau'person, when presiding at meetings of the board or members, shall not have a second or casting vote in addition to their original vote. 1001M134146 1 ) WTJ 04 103 WO I D101 WAM DI " 24 DUTIES OF Vli.T', C "HAl VICE AIRIIERSON 24.1 The v ice- c1It�G�uir vice chairperson is vested with all the powers and shall per- form all the duties of the ch,,Off chairperson in the absence of disability or re- fusal to act of the Llll, l u. 1 irperso . The ic .cl' n. i vice cNairp.mersor° will have other powers and duties from time to time be assigned to them by the board. When presiding at meetings of the board or members the wACC- Cl7rld, ' Vi CC!!: chairperson shall not have a second and casting vote in addition to their origi- nal vote. r 11 It MIM43 " 25.1 The secretary shall issue or cause to be issued notices of all meetings of the board, members and committees (if any) when directed to do so; have charge of the minute and membership record books of the A!,g .nic,y " umunissim ; sign with the liaiT l.ne m°son,� or other signing office or officers of the A,uenc' Cornniission all instruments as require their signature and perform all other duties the terms of their engagement call for, or the board may from time to time properly require of them. 25.2 The secretary is responsible for the safe custody of the seal of the Agicur c�,,. Coni: nis ioaL IVAR 25.3 The secretary, unless another officer is specially charged with the duty, shall keep or cause to kept a book or books wherein shall be kept recorded: - a) a copy of the Letters Patent and any amendments to the Letters Patent; b) a copy of the by -laws of the gage ncy "' "01THIMSM1 1fl; and c) the names, addresses and calling of all persons who are or have been directors and members of the Z w �,;,y 1 oni� nssion, with the several dates at which each be- come or ceased to be a director or member. 25.4 The directors may appoint an assistant secretary to act on behalf of the secretary in their absence and to perform other duties assigned to them by the board. The assistant secretary need not be a director. 1 1r If fwlffl fl 26.1 The Treasurer shall perform all the duties that are properly required of the Treas- urer by the board. They may be required to give the bonds for the faithful per- formance of their duties as the directors in their uncontrolled discretion may re- quire but no director shall be liable for failure to require any bond or for any loss by reason of the failure of the Ageiwy Commission to receive any indemnity pro- vided in the bond. The Treasurer shall at all reasonable times exhibit his books I-POPMOTITUTM 7 DE411JOL410 I END] 1 '' General By -Laws Page 8 and accounts to any director of the Connnission upon application at the office of the „ "anrunission during business hours. 27 DUTIES OF THE (1110 (1110 l:l General Manager 27.1 The `1`0 Ger ral Mw tiger is the chief executive officer of the Agency Comnlis- si :n and is responsible for the administration of theA,i,,i_ncy (_'oi�mnlsslo i and car- rying out its mandate under the direction of the board including, without limita- tion, the employment of the staff of the °nmnd ;sion and the establish- ment of their terms of employment in accordance with the organizational struc- ture, budget and guidelines established by the board. 28.1 If the office of the chair c ha [rperson or vice chair vice becomes va- cant by reason of death, resignation, disqualification or otherwise, the board by resolution duly passed at any meeting duly called and held may elect or appoint any person to fill the vacancy, subject to qualifications of office required by the by -laws. 29.1 The board may appoint one or more attorneys or agents and may confer upon any one or more of the attorneys or agents all the powers of the Aaerlety. °�Y "ornmission as may be legally conferred or delegated by the board, and the board shall not be responsible for any fault, negligence, improper act or exercise of judgment on the part of such attorneys or agents nor for any lack of judgment in the selection of the attorney or agents nor shall the directors be subject individually to any liabil- ity whatsoever in respect of any act, or failure to act, on the part of the board's at- torneys or agents. 30.1 At each annual meeting of the members an auditor may be appointed for the pur- pose of auditing and verifying the accounts of the A.genc,,.p� CrmnindsSion for the then current year and if approved, their report shall be submitted at the next an- nual meeting of the members. The auditor shall not be a director or an officer of the A,gcnt,,y Cara.tn�ssion. Unless fixed by the meeting of members at which he is appointed, the remuneration of the auditor shall be determined from time to time by the board. 30.2 Irregularities in the notice of any annual, special or other meeting, or in the giving of the notice or the accidental omission to give notice of the meeting to any mem- ber, or the non - receipt of any notice by any of the members, shall not invalidate any resolution adopted or any action taken by or at the meeting. 31 PROXIES A GREATER SAINT JOHN COMMUNITY General By -Laws ECONOMIC DEVELOPMENT AGENCY INC. Page 9 31.1 No votes of directors may be given by proxy. 31.2 A director must be present at a meeting of the board in order to exercise their right to vote. 32 SERVICE OF NOTICE 32.1 Any notice maybe served by the A Greed „� Coriuimiuni �icc upon any director or mem- ber a) By personal delivery, b) By telephone call to the director or member c) By facsimile, electronic mail or other electronic transmission to the facsimile or electronic address in the books of the A ge,jic °cm�nnss� I�cn; or d) By first class mail addressed to the director or member at their address in the books of the i a:.mmii ° Conarnission, or if no address be given in the books, to the last address of the director or member known to the secretary. co Notices delivered personally or by telephone are considered delivered on the day of de- livery or the telephone call. Notices delivered by facsimile, electronic mail or other elec- tronic transmissions are considered delivered on the first business day following the transmission. Notices delivered by mail are considered on the third business day follow- ing the mailing. 32.2 With respect to every notice sent by post it is sufficient to prove that the envelope containing the notice was properly addressed and put into a Post Office letter box. 1 I 1 , ', 33.1 A certificate of the secretary or other duly authorized officer of the .Agemmw :" cnunission in office at the time of the making of the certificate as to the facts in relation to the personal delivery, mailing, or facsimile, electronic mail or other electronic transmission of any notice to any member, director or officer, or publi- cation of any notice, shall be conclusive evidence of the facts and is binding on every member, director or officer of the r\ y oniimi: i uri as the case may be. GENERAL 34.1 All cheques, drafts or orders for the payment of money and all notes and accep- tances and bills of exchange shall be signed by the officers or persons, whether or General By -Laws Page 10 not officers of the tat.Ticu ommission and in the manner the board may from time to time designate. 35.1 Contracts, documents or any instruments in writing (except trade contracts made in the ordinary course of business) requiring the signature of the Coin... mmmiss" �n shall be signed by the chair L° ima: ��m�u���,Il��m.��u��u,�mm�i1m, vice-chair secretary, treasurer and E01 Gemmimeral N4,,,nmma­.1or or any two (2) of them and all contracts, documents and instruments in writing so signed shall be binding upon the A,� en °y "om:nrnissior, without any further authorization or formality. The board of direc- tors shall have power from time to time by resolution to appoint any officer or of- ficers on behalf of the .' ��.i en( :v Clor n.missio�n either to sign contracts, documents and instruments in writing. 36.1 No officer, director or member is entitled to require any information respecting any details or conduct of the 2%giency''s Commission's business which the opinion of the board is not expedient and in the interest of all members of the J+mm.mmwanev 37.1 The board may from time to time determine whether and to what extent and at what time and place and under what conditions or regulations the records or files of the Age ni(:y Conimission or any of them shall be open to the inspection of di- rectors or members. No director or member shall have any right of inspecting any records or files of the Agc.nc ,,v Com°mmrnissiorh except as conferred by statute or au- thorized by the board. This provision does not apply to the financial books and accounts of the .mmmgmml- n�rr.iy Cowninission, which any director is entitled to inspect in accordance with section 26.1. 38.1 in these general by -laws and in all other by -laws of the i m irmn: °i olnmissi n the singular includes the plural and the plural includes the singular; the masculine in- cludes the feminine and vice - versa; "board" means the board of directors of the Ammum;mmcy Commission; "member" or "members" means a member or members of the Ag n(,.,,y Coninaission and "person" includes firm, syndicate, association, part- nership or corporation. lig URBAN CORE SUPPORT NETWORK 116 Coburg Street Saint John, N. B. E21- 3K1 (506) 642 -9033 Fax: (506) 632 -5539 Email: murbre @reg2. health. nb.ca July 2, 2008 Mayor Ivan Court Members of Common Council City of Saint John P.O. Box 1971 Saint John, N. B. E21- 41-1 Dear Mayor Court and Members of Common Council, The Urban Core Support Network in partnership with the Human Development Council, BCAPI, CMHC, City of Saint John, Vibrant Communities Saint John and the National Working Group on Women and Housing, sponsored a very successful event on June 2nd where one hundred stakeholders from a wide cross section in our community came together to initiate an affordable housing strategy with a focus on each of Saint John's five priority neighbourhoods with high concentrations of poverty. The following day, our planning committee met with City staff, CMHC, and the New Brunswick Department of Social Development to discuss how we could move forward some of the excellent ideas generated at the previous day's event. As a result of these two sessions, our planning committee has prepared a report that we would like to present to Council Recent and accelerating housing challenges resulting from new economic growth certainly speak to the urgent need for our community to put in place both short and longer term strategies to help minimize the negative impacts on households with modest and fixed incomes. We would certainly appreciate the opportunity to present our report to Council as soon as is convenient. Thank you for your consideration of this matter and we look forward to hearing from you. Sincerely yours, � a Brenda Murphy Coordinator l 3 July, 2008 Mayor Ivan Court and ENTERPRISE SAINT JOHN Members of Saint John Common Counci City of Saint John P.O. Box 1971 Saint John, NB E2L 41-1 Your Worship and Members of Common Council: 40 rue King Street Saint John, NB Canada E2L1G3 T: 506- 658 -2877 1- 800 -561 -2877 F: 506- 658 -2872 info@enterprisesj.com www.enterprisesj.com RE: APPOINTMENTS TO THE BOARD OF DIRECTORS FOR THE GREATER SAINT JOHN COMMUNITY ECONOMIC DEVELOPMENT AGENCY, INC. (ENTERPRISE SAINT JOHN) The City of Saint John has five representatives on the Board of Directors of Enterprise Saint John. At present, the current City of Saint John representatives are Bob Manning, Donald Bonnell, Nathalie Godbout (nominated by the Saint John Board of Trade), Brian Cunningham and Shelley Rinehart. In June of this year, both Mr. Cunningham and Dr. Rinehart completed their second three -year terms, the maximum allowable under our by -laws. Each year, the Board of Directors appoints a Nominating Committee to: Advise appointing bodies of the names of potential nominees based on skills and abilities, willingness to dedicate the time, and have the level of interest and commitment to the betterment of the region. Work with the appointing bodies to maintain a Board whose members have a diverse range of professional and business skills, including a strong familiarity with the sectors that are strategic to the region. This year's Nominating Committee was chaired by Brian Cunningham and included past Board Chair Dale Knox and myself. Over the past several months, the Committee has met regularly to discuss potential names for the Board and have met with a number of potential nominees. The results of these deliberations were then shared with the entire Board to solicit feedback. Grand Bay - Westfield • Quispamsis66Rothesay • Saint John • St. Marl Community Economic Development Agency • Agence de d6veloppement Oconomique communoutaire ENTERPRISE SAINT JOHN 40 rue King Street Saint john, NB Canada E2L1G3 T:506- 658 -2877 1- 800 -561 -2877 F: 506- 658 -2872 info@enterprisesj.com www.enterprisesj.com I am pleased to submit the following two names for Council's consideration for appointment to three year terms: Ms. Anita Punamiya An immigrant to our city, Ms. Punamiya is an entrepreneur with more than twenty years' experience in a variety of roles in management, consulting, training and lecturing. She is currently the Executive Director of CompreCultures, a licensed partner of Richard Lewis Communications, UK. 2. Dr. Robert MacKinnon As Dean of Arts at UNB Saint John since 2007, Dr. MacKinnon has been an active volunteer in many community organizations. As the newly- appointed Vice President of UNB Saint John, Dr. MacKinnon will play a critical role in the enhancement of Post - Secondary education in our region. Included for your information are bios for both Ms. Punamiya and Dr. MacKinnon. Both have also completed the online application as an expression of interest in volunteering for a board, agency or commission through the City of Saint John. We respectfully request a letter from the City of Saint John concurring that Ms. Punamiya and Dr. MacKinnon's appointment recommendations are acceptable. Yours truly, 6 Bob Manning Chair, Enterprise Saint John Grand Bay - Westfield • Quispamsis 6�othesay • Saint John • St. Mart Community Economic Development Agency • Agence de d &eloppement r;conomique communautaire Anita Punamiya Based in Canada, Anita is the Executive Director for CompreCultures, a licensed partner of Richard Lewis Communications, UK. Originally from India, Anita lived in the United Arab Emirates from 1994 until 2004. Working in the UAE gave her great exposure to a wide range of nationalities and cultures. Anita moved to Canada in 2004. She has more than 20 years of experience in a variety of roles such as management, consulting, training, and lecturing. Anita teaches `Cross- Cultural Communications and Negotiations' to the pre -MBA and MBA class at the University of New Brunswick, Saint John. She also conducts a workshop on `Diversity in the Workplace' at the College of Extended Learning, Fredericton. She has conducted workshops on `Cultural Competency' for clients such as Bell- Aliant, Mariner Partners Inc., Saint John Regional Hospital, and Innovatia. Anita holds a Masters in Business Administration with a major in International Business. She has received formal training in Cross - Cultural Communications at Richard Lewis Communications, UK and at the Interchange Institute in Boston, USA. Anita is on the Board of Directors of Propelsj, Saint John and on the Steering Committee of Canadian Women in Communication, Saint John Chapter. Anita is fluent in English and three Indian languages — Hindi, Marathi and Gujarati. She also has a moderate fluency in Swedish. &1 Dr. Robert MacKinnon is currently the Dean of Arts at The University of New Brunswick's Saint John campus. On July 1, 2008, he will take up the position of Vice - President at UNB Saint John. He is a Geographer with a BA from Mount Allison University, an MA from Memorial University of Newfoundland, and a PhD from The University of British Columbia. He has previously held the positions of Chair, Department of Social and Environmental Studies, University College of the Cariboo (now Thompson Rivers University); Visiting Professor at The University of Bonn's North America Program; and Visiting Fellow at Obirin University in Tokyo, Japan. He has contributed to such journals and publications as National Geographic Magazine, Acadiensis, Canadian Journal of Regional Science, Canadian Historical Review, and The Historical Atlas of Canada; and he is a Co- Director of a CURA project at UNB Saint John entitled: "The Industrial City in Transition: A Cultural and Environmental Inventory of Greater Saint John ", that has been funded by the Social Sciences and Humanities Research Council of Canada. He is also a member of two national research teams coordinated from the University of Western Ontario, and the University of Toronto that are examining, respectively, Multilevel Governance and Public Policy issues in Canadian Municipalities, and Social Dynamics of Economic Performance in City Regions. 1%] M & C — 2008 -184 4 July 2008 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for the Collection of Residential Solid Waste BACKGROUND: 9 4� adL Cky of SaiRL JAM Once again this year the City has called a public tender, which closed on Wednesday, May 21, 2008, for the establishment of a supply agreement for the collection of residential solid waste in the outlying areas. There are a number of differences with this year's tender call. First the proposed changes to the existing bylaw for the "Storage, Collection and Disposal of Solid Waste" have been incorporated into the terms and conditions of the contract. As well changes to the manner and frequency of waste pickup have been included in the specifications of the bid documents. For these reasons, for the first time in several years, the City finds itself in the enviable position of calling a tender for the establishment of a multi year supply agreement. Depending on the wishes of Common Council this new, 24 month supply agreement will commence on Monday, September 29, 2008. ANALYSIS: Contractors were provided with a number of bidding options; they were requested to submit bids for collection in one, several or all routes. While staff would prefer to award all of the routes identified to one contractor, we also had to reserve the right to award each route separately, if it is determined by cost, to be in the City's best interest to do so. Three companies responded to the City's tender call by submitting bids. Page Two 70 ANALYSIS... Cont' d; A summary of the bids is enclosed for your consideration. After carefiil review and analysis by staffs of Municipal Operations and Materials Management, it has been determined that the most economical option available is to recommend award of this bid to one contractor for all of the routes. Fero have offered a unit cost, if awarded the entire contract, of $15.10 per household. This represents a per unit savings, in some cases, over the present contract, of $2.90. FINANCIAL CONSIDERATIONS: The prices contained in the enclosed summary represent the monthly costs for the collection and disposal, including tipping fees, of residential solid waste for each household identified in each route. If awarded as recommended, and based on the lowest unit cost, multiplied by the number of units for all contracted routes, the cost to the City of Saint John will be $118,368.90 monthly, plus tax. Funds to cover the cost of this service are included in the Annual Operating Budget. RECOMMENDATION: It is recommended that the tender of Fero Waste & Recycling Inc. be accepted for the establishment of a supply agreement for the collection of residential solid waste in the routes identified in the tender document and for a period from September 29, 2008 through to September 4, 2010, be accepted. Respectfully submitted, rd--� g�' David Logan, CPPB Purchasing Agent T.L. Totten, FCA City Manager 71 SUMMARY OF BIDS 2008- 084001T COLLECTION OF RESIDENTIAL SOLID WASTE Description # of Units Fero Waste Management Dominion Refuse Option A — All Routes 7342 $ 15.10 * NO BID $ 15.49 Option B Week 1 Mon — Loch Lomond (Airport) 415 $ 15.99 - Golden Grove 457 $ 15.99 Tues- Latimore 446 $ 15.99 - Heatherway 449 $ 21.82 $ 15.99 Thurs- Riverview / Prince 547 $ 15.99 - Beaconsfield 509 $ 15.99 Fri - Green Head 452 $ 15.99 - Greendale 449 $ 15.99 - Fairville 497 Week 2 Mon - Toryburn 358 $ 15.99 - University 513 $ 15.99 Tues- Redhead 487 $ 15.99 - Bayside 502 $ 21.82 $ 15.99 Thur- Beaverbrook 396 $ 15.99 - Rockwood 518 $ 15.99 Fri - Acamac 404 $ 15.99 - Morna 440 $ 15.99 Total Units 7839 * Indicates Recommendatiaon 72 M & C 2008 - 185 July 3, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: CONTRACT 2008 -01: WESTGATE PARK- SANITARY FORCEMAIN RENEWAL AND INSTALLATION OF GRAVITY OVERFLOW PURPOSE It Im The purpose of this report is to update Council on the status of the Westgate Park - Sanitary Forcemain Renewal and Installation of Gravity Overflow Project. BACKGROUND On June 9, 2008 (M &C 2008 -146) Common Council awarded Contract 2008 -01: Westgate Park - Sanitary Forcemain Renewal and Installation of Gravity Overflow to Galbraith Constriction Ltd. at their tender price of $455,690.58. ANALYSIS This sanitary forcemain renewal project commenced in June 2008 and to date is approximately 50% complete. During preliminary asphalt cutting in preparation for trench excavation, it was discovered that the asphalt on the Downsview Drive portion of the project, between the pumping station and Westgate Drive, was in very poor condition. As the contractor proceeded with asphalt cutting along the centreline of the roadway, the asphalt was in such a `brittle' state that the edge of the cut continued to break back well beyond the centerline of the roadway. As a result, it will be necessary to perform additional asphalt reinstatement beyond what was originally contemplated under the contract. It will be required to reinstate the asphalt curb to curb over a 500 m distance with the additional work estimated at approximately $110,000. 73 M & C 2008 - 185 July 3, 2008 Page 2 FINANCIAL IMPLICATIONS The original contract included a contingency in the amount of $35,700.00 for typical, unforeseen work that would arise over the course of constriction. Normally, this contingency amount would be sufficient to cover the unforeseen work, but with the poor condition of the asphalt encountered, the projection at this time is that the contract will likely exceed the award amount by approximately $100,000.00. Supplementary fiinding is now required to offset the additional costs identified in this report. When the project is completed and the final quantities are agreed upon then staff will update Council with the final project costs and identify an offset for the additional project costs. CONCLUDING COMMENT Staff will update Council with the final project costs, and identify an offset for the additional project costs. RECOMMENDATION It is recommended that this report be received and filed. Respectfidly submitted, J. M. Paul Groody, P. Eng. Terrence L. Totten, F.C.A. Commissioner, City Manager Municipal Operations & Engineering 74 REPORT TO COMMON COUNCIL July 7, 2008 M &C - 2008 -187 His Worship Mayor Ivan Court and Members of Common Council City of Saint John Your Worship and Councillors: RE: Political- Administration Accountability Transaction BACKGROUND In March of last year Council referred a letter from then Councillor Chase regarding development of a political - administration accountability framework to the Vision 2015 Steering Committee.(copy attached) The letter described a number of circumstances where it was felt that timely communication between Council and the Administration had not taken place resulting in lack of action on various issues. The issues raised in the letter are quite varied and there are many reasons why communications may have broken down. There is no one "magic" solution or framework that will deal with these issues however there are some procedural considerations that Council may want to discuss further. ANALYSIS The Common Clerk's Office does track all referrals from Council to staff and various committees, etc. to ensure that they are followed up on. Depending on the complexity of the issue however sometimes the follow -up can take several weeks or months leaving the appearance that no action is being taken. At present the dealings between Council and the Administration are formalized through reports prepared for Council and items being referred from Council to the staff for consideration. There are not many opportunities provided for a more informal inter -change to discuss items of interest or concern that may not need this more formalized approach. Some considerations for changing this include the following. Committee of the Whole: Over the past number of years Council has largely used Committee of the Whole for consideration of items that fit under specific categories in the Municipal Act allowing for closed meetings. Council can discuss any item in Committee of the Whole if the meeting 01 is kept open to the public. The City Manager and Gord McIntosh (external consultant) have each suggested in the past that a Committee of the Whole meeting be scheduled every 4 -6 weeks to discuss the status of various files /issues. A consideration for Council here is whether this might also be a more effective venue for dealing with the large list of Councillor items that currently appear on the bi- weekly Council Agendas. If a regular Committee of the Whole meeting was scheduled as suggested above these types of issues could be placed on the Agenda with the Committee having the ability to direct staff to take action as deemed appropriate. The more informal nature of a Committee meeting would allow greater flexibility in discussing these matters so that there could be a clear understanding of desired outcomes. It would have the added benefit of improving the efficiency of Council meetings as these items have, over the past few months, consumed a considerable amount of time at the formal Council sessions. Standing Policy Committees: The Standing Policy Committees are meant to provide a means to engage with the public in a more informal setting when considering and developing policy items. They will also provide a more focused context to hear from various staff members around actions being taken on various issues and limitations that exist in addressing particular concerns. CONCLUSION Staff would welcome the opportunity to discuss these and any other suggestions for improving the City's governance functions and the relationship between Council and the Administration. RECOMMENDATION That Common Council receive this report for information purposes. Respectfully submitted, w P._Beckett CA Manager Terry L. Totten FCA City Manager 0.1 March 8, 2007 Mayor and Council: Re: Political — Administration Accountability Transaction A Problem Solving Model for Understanding Program and Service Deficiencies Motion: Refer to Deputy City Manager of Programs and Priorities (Mr. Andrew Beckett) for implementation. We as a council are aware of many various issues faced by the city which often cause frustration as result of seemingly fruitless or an agonizing lengthy time to resolve and /or proceed to meet objectives. Examples of issues range in scale from large scale development to neighborhood nuisance issues such as littering. A few examples are: West side development Concrete traffic barriers on King Street Side walk snow plowing Unsightly premises on Rothesay Road Speeding Gravel Trucks on Latimore Lake Road Businesses conducting practices in violation of zoning or section 39 conditions This model proposes a framework in which these community issues can be applied with the objective of understanding and resolving where the problem manifests itself. When the nature of the problem is identified solutions can be identified and acted on. The model proposes to: 1. Record and analyse community issues and citizen complaints 2. Identify the problem Constraints 3. Identify solutions The Frame work proposed is: Is the problem: 1. Systems a. Constrained by Statues, b. Bylaws limitations c. Service Delivery Models Deficiency 2. Bureaucratic a. Wrong department b. Work Flow issue c. Other levels of government responsible (may require lobbying) d. Policy PDF created with pdfFactory trial version www.r)dffact .com I A Matter of Resource Constraints This is a model based on my own experiences and insights and accordingly, I recognize that this model could be expanded or reformed to accommodate its intent — which is to move issues from static states to resolutions. Sincerely Received by e -mail Stephen Chase Councillor PDF created with pdfFactory trial version www.i)dffactgMcom REPORT TO COMMON COUNCIL M & C — 2008 -190 July 3, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: STOP -UP AND CLOSURE OF BLUE ROCK STREET (ALSO CALLED BLUE ROCK COURT) BACKGROUND: City of Saint John Common Council at its April 28, 2008 meeting adopted a resolution to sell Blue Rock Street (Court), including those adjoining properties identified as PID Numbers 368076, 367144, 365619, 367581 and 367573, to Canterbury Developments Ltd. for $15,000.00 plus H.S.T. (if applicable), and that Canterbury Developments Ltd. be responsible for their own legal fees and any associated registration or administration fees associated with the closing and registration of title on or before March 31, 2009. The resolution adopted by Council also included the following: the City retaining an option to repurchase the land, assent of any easements required and authorizing the proponent to apply for any necessary zoning application. ANALYSIS: Canterbury Developments Ltd. has reached a purchase agreement with the property owner at civic #26 Blue Rock Court to acquire that property. This will alleviate the need to have Blue Rock Court remain open for access to that property. The sale of this property to Canterbury Developments Ltd. will occur prior to 3`a Reading being given to the street closure. The only remaining property that utilizes the street for access purposes is identified as civic 4110 -112 Victoria Street West, which is located at the southern tip of Blue Rock Court. The owner of this property has been contacted by Canterbury Developments Ltd. to explain the intended street closure and proposed project. The portion of Blue Rock Street (Court) that provides access to this property will remain open as a public street. 79 A previous attempt to stop -up and close Blue Rock Street (Court) and sell the property to Canterbury Developments Ltd. was prevented due to the required access to the owner of #26 Blue Rock Court. The purchase of this property will alleviate this concern of City staff. The purpose of this report is to seek approval from Common Council to initiate the process for street closure of the subject property. RECOMMENDATION: That the Public Hearing for the consideration of the passing of a By -law to Stop Up and Close a portion of a public street known as Blue Rock Street (also called Blue Rock Court), as shown and identified on the attached plan, be set for Tuesday, August 5, 2008 at 7:00 p.m. in the Council Chamber. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager CL /c Attachments AN m m b m b h m A O Oo / t 4� B 145 ..0 71 h h v'?B 1� / w Oy 0 0 Description of Plan: Stop -Up and Closure of a Public Street. N PID: 367144 Address: Blue Rock Street (also known t as Blue Rock Court I Pan: N/A Date: July 3, 2008 RE W ALBERT STREET CITY OF SAINT JOHN 10 1118 1119 1120 10 S + � ^ o o in to o e ti �o � � N 2 C4 co W CO 9 i0 t PI D 00365 I .I 11 Saint John, NB VICTORIA STREET Jan 31st 1953 W M &C- 2008 -191 July 2, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date Blue Rock Court, 20 Alma Street and 2 First Street East BACKGROUND: As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 applications received and recommends an appropriate public hearing date. The full applications are available in the Common Clerk's office and will form part of the documentation presented at the public hearing. The following applications have been received. Name of Location Existing Auulicant Zone Canterbury Develop- Blue Rock Court "RM -2" ments Ltd. Credit Counselling Services of Atlantic Canada Inc. Irving Oil Ltd. 20 Alma Street "ID" 2 First Street East "SZ -11" Proposed Reason Zone Sec. 39 To permit a amendment revised apart- ment proposal Sec. 39 To permit an amendment increase in the amount of office space "13-2" To permit offices RECOMMENDATION: That Common Council schedule the public hearings for the rezoning and Section 39 amendment applications of Canterbury Developments Ltd. (Blue Rock Court), Credit m Report to Common Council Page 2. Counselling Services of Atlantic Canada Inc. (20 Alma Street) and Irving Oil Ltd. (2 First Street East) for Tuesday, August 5, 2008 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for report and recommendation. Respectfidly submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager KF /r El M & C — 2008 - 192 July 4, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Cancellation of Public Hearing 3795 Loch Lomond Road BACKGROUND: On June 23, 2008, Common Council set a public hearing date of July 21, 2008 for the above -noted rezoning application of Dan Estey, and referred the application to the Planning Advisory Committee for a report and recommendation. ANALYSIS: Subsequent to Council's June 23rd meeting, the applicant contacted Planning and Development to request that consideration of his application be postponed until further notice. Mr. Estey indicated that he is currently exploring development alternatives, which may result in revisions to the proposal. Given the request of the applicant, it would be appropriate to cancel the July 21, 2008 public hearing but not schedule a new hearing at this time. A further report to Council, recommending a new hearing date, can be prepared once the applicant advises staff that he is ready to proceed. RECOMMENDATION: That the July 21, 2008 public hearing for the rezoning application of Dan Estey, 3795 Loch Lomond Road, be cancelled. Respectfidly submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development KF /r 85 Terrence Totten, F.C.A. City Manager M & C — 2008 -174 July 4, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Sale of Goldsworthy Road Parcel, PID 340570 BACKGROUND: The City of Saint John and Irving Oil Ltd. have for some time now been discussing mutual land needs and wants in and around the City of Saint John. The City was interested in obtaining adequate lands to facilitate its Transit facility off McDonald Street. Irving Oil (Canaport) hoped to secure a parcel of lands known as the Goldsworthy parcel as part of its assembly of lands in east Saint John. The City and Irving Oil have also been trying to address a couple of minor housekeeping items; Irving had asked the City to stop up, close and convey the undeveloped right of way (Mount Pleasant Avenue East) within their McDonald St. parcel. The City hoped to acquire some Irving lands at the corner of McDonald St. and Mt. Pleasant Avenue East to ensure sightlines are protected and that encroachments of the right of way onto Irving lands are addressed. In the fall of 2007 Irving Oil Ltd. sold the City a 7 acre parcel +/- at the corner of Loch Lomond and McDonald at a price below appraised value. The City subsequently closed the transaction and began the process of developing the new Transit facility. At that time the City indicated it would seek Council concurrence to sell the Goldsworthy parcel if there was no opposition from the various municipal departments. The Goldsworthy parcel is a 284 acre parcel +/- located in east Saint John proximate to Old Black River Road. The City acquired the lands in a tax sale in the early 1900's. It was acquired as a potential watershed parcel, however it is not serving this purpose, as such it may be considered surplus. There was no opposition to the sale from Municipal Operations. An appraisal was commissioned which provided a valuation of $94,000. 0 Report to Common Council July 4, 2008 Page 2 The purpose of this report is to seek Council's support to transfer the Goldsworthy lands at the appraised value to Irving Oil Ltd. and to advise Common Council of staff's intention to return with a report seeking Council's approval to exchange lands in and around the corner of McDonald St. and Mt. Pleasant Avenue East to finalize this series of exchanges and housekeeping items. RECOMMENDATION: The City of Saint John sell the fee simple absolute interest in lands identified at PID 340570 as shown on the attached sketch to Irving Oil Ltd. (or related company) for a purchase price of $94,000.00 plus H.S.T. (if applicable), plus a proportionate share of the real estate taxes levied, if any on or before August 31, 2008 Respectfully submitted, Ken Forrest, MCIP Commissioner, Planning and Development Terrence Totten, F.C.A. City Manager BI /mmf a Report to Common Council July 4, 2008 Page 3 . ........ . . . ...... . �',PID:34,0570 Address: Golftwarthy Road - - - - --------- ...... �Pan: N/A Date., ,],ulna 19, 2008, M Subject Parcel Description of Plea.: Sketch indicates the par yed to Irving O!il': Ltd. or a related company., Addresis,: Goldsworthy Road Date: J'uine 19, 2;OiO8 %Us M & C — 2008 July 7, 2008 His Worship Mayor Ivan Court And Members of Common Council: N, , SUBJECT: Awarding of Contract for Shamrock Park Master Plan BACKGROUND: As part of the Leisure Services Capital Budget Program for 2008, fiinds were allocated to have design work done to enhance the sports fields at Shamrock Park. Shamrock Park has a long history with the City of Saint John and the last time a major renovation of the site took place was for the Canada Games in 1985. In the summer of 2008, the tennis courts will be totally renovated and there are plans for an artificial surface for the major sports field. The park is heavily used and indications are the various venues in Shamrock are in need of attention. It is proposed that the entire site be reviewed and development recommendations be made. Shamrock Park is an important venue for the sporting community but it is also a major park in the North End of the City. It is proposed that consultation with the public and the various sporting groups needs to take place to ensure the City is developing the park sensitively and in keeping with the wishes of the residents. In keeping with this vision a Request for Proposals (RFP) for the engagement of professional services for the development a Master Plan for Shamrock Park was called. ANALYSIS: The submission of proposals closed on June 18 with two consultant firms opting to respond by submitting offers. This plan is to provide for public consultation and design work for all of Shamrock Park which includes the various sporting venues as well as its use as a community park. For this reason representatives from ONE Change were invited to be active participants in the a Page Two proposal call process. One Change was asked to participate as to the park is a major landmark in the North End. The two proposals received were from; The Glenn Group, Fredericton and Basic Design & Associates (BDA), Sussex. The City's policy for the Proposal Call Method of Vendor Selection requires a proposal review committee to be established and to evaluate the proposals received against standard and clearly defined criteria. These criteria included; Quality and Completeness of the proposal, Demonstrated Experience and Expertise of the Bidder, the Bidders Staff and any Sub Consultants engaged by the bidder, Methodology or Approach to the Project, and finally Cost. In this particular case the review committee, which consisted of staff from Leisure Services and representation from ONE Change, was unanimous in its findings. After careful consideration of the technical aspects of the proposal submissions the group found that the proposal submitted by the Glenn Group was far superior in services offered and demonstrated the ability and experience necessary to provide the services and requirements as outlined in the Request for Proposal document. As is the practice, once the technical ranking of the bids was concluded, the financial proposals were opened by the committee and added to the overall evaluation of the bids. While BDA's bid was slightly lower in overall cost than the Glenn proposal, the evaluation team once again agreed unanimously that the overall presentation and content of the Glenn bid was sufficiently superior to warrant the minimal additional cost. FINANCIAL: If awarded as recommended the total cost of this proposal will be $66,472.50 plus tax. The amount budgeted for the project is $100,000 in the 2008 Capital Program. INPUT FROM OTHERS: The City's Purchasing Agent has reviewed this process in relation to Council's policies for The Engagement of Professional Services and The Proposal Call Method of Vendor Selection and has found that staff and the evaluation committee have acted in accordance with requirements of both of these polices and the related procedures. 91 Page Three RECOMMENDATION: It is recommended that the proposal submitted by the Glenn Group, Fredericton, N.B., for the Development of a Master Plan for Shamrock Park in keeping with the requirements of the proposal call document and Council's Procurement Policies, and for the estimated total cost of $66, 472.50, plus tax, be accepted. Respectfully submitted, Bernie Morrison Commissioner of Leisure Services Terrence L. Totten, C.A. City Manager 'A M & C 2008 - 193 July 3, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: It Im SUBJECT: Engineering Design Services: North of Union Infrastructure Upgrades BACKGROUND The approved 2008 General Fund Capital Program — Transportation category and the approved 2008 Water & Sewerage Utility Fund Capital Program — Infrastructure Renewal Water category include projects for the design of infrastructure upgrades and street reconstruction related to the North of Union redevelopment project as follows: • Water, sanitary sewer and storm sewer renewal on Hazen Avenue from Union Street to Carleton Street, • Water, sanitary sewer and storm sewer renewal on Carleton Street from Wellington Row to Union Street, • Water, sanitary sewer and storm sewer renewal on Chipman Street from Hazen Avenue to Peel Street and • Water, sanitary sewer and storm sewer renewal and street reconstruction on Union Street from Saint Patrick Street to Wellington Row. On January 21, 2008 (M &C 2008 -04), Common Council authorized staff to negotiate with Stantec Consulting Ltd. for the engagement of engineering services. The project includes the funding necessary to complete the following: • site survey and preliminary investigation; • public consultation process; • preliminary design, and design report with cost estimates; • detailed design. 93 M & C 2008 - 193 July 3, 2008 Page 2 PURPOSE The purpose of this report is to make a recommendation for consulting engineering services for this project. ANALYSIS On April 14, 2008, with a comprehensive and detailed scope of work document developed by staff, a proposal for consulting engineering services was requested from Stantec Consulting Ltd. In response to this request, Stantec Consulting Ltd. submitted a proposal on April 23, 2008. Staff was previously authorized by Council to conduct negotiations with this consultant for engineering services for the project. A Review Committee of staff was selected to complete an analysis of all aspects of the submission: Brian Keenan, P. Eng. Engineering Manager, Municipal Engineering Brett McLean, P. Eng. Municipal Engineer, Municipal Engineering Tim O'Reilly, P. Eng., M.Sc.E. Manager, Pedestrian and Traffic Services David Logan, CPPB Purchasing Agent /Manager, Materials and Fleet Management Each member completed a review of the submission and a subsequent meeting of the Review Committee was held to jointly discuss the information presented in the Stantec Consulting Ltd. proposal. A number of clarifications were requested which resulted in the consultant submitting a revised proposal on June 18, 2008. A second meeting was held by the Review Committee to discuss the revised proposal. The upset price contained in the revised proposal was also evaluated and the Committee agreed that the consultant's requested fee was appropriate for submission to Council for approval. The revised submission from Stantec Consulting Ltd. met all of the requirements of the proposal call, in a manner acceptable to the Committee, with a cost effective bid for the project. ., M & C 2008 - 193 July 3, 2008 Page 3 FINANCIAL IMPLICATIONS The proposed cost of the work from Stantec Consulting Ltd. to provide design services is approximately $417,542 including the City's eligible HST rebate. An amount of $500,000 is included in the 2008 General Fund and Water & Sewerage Utility Fund Capital Programs for design services. RECOMMENDATION It is recommended that the proposal of Stantec Consulting Ltd. for engineering design services for the North of Union Infrastructure Upgrades project be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Respectfi lly submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 95 5 (I REPORT TO COMMON COUNCIL July 4, 2008 City of Saint John Mayor Ivan Court and Members of Common Council Re: Lease 117 Union Street Last week, Council adopted a resolution authorizing the Mayor and Common Clerk to execute a lease for the premises at 117 Union Street. Unfortunately, the lease was not attached to the report, therefore the need for resubmission. Recommendation That the Mayor and Common Clerk be authorized to execute a lease with Lori Roy for the ground floor premises of 117 Union Street upon the terms and conditions set out in the attached lease dated June 19, 2008 with the City contributing up to $400.00 toward Ms. Roy's legal expensrres ting such lease. Yurs truly, Terrance Totten City Manager FCA 0I1 THIS LEASE made in duplicate this day of June, 2008. BY AND BETWEEN: THE CITY OF SAINT JOHN (hereinafter the "City ") -and- LORI ROY, doing business as Kneading Hands RMT, (hereinafter the "Tenant ") WHEREAS Lori Roy, doing business under the Name and Style Kneading Hands RMT, hereinafter the Tenant, occupies the ground floor premises being civic address 117 Union Street, Saint John, New Brunswick, (hereinafter the Demised Premises); and WHEREAS The City of Saint John, (hereinafter the City), has purchased the land and building being civic address 117 Union Street; and WHEREAS the Tenant and the City have established the terms and conditions under which the Tenant will lease the Demised Premises from the City; NOW THEREFORE THIS AGREEMENT WITNESETH that in consideration of the rents reserved and the covenants and agreements herein, the City leases to the Tenant the Demised Premises and one (1) parking space at the rear of the building at 117 Union Street for a term of one (1) year beginning and including July 1, 2008 and ending at 11:59 p.m. local time June 30, 2009 at a rent of Eight Thousand and Two ($8,002.00) Dollars (plus HST) payable in the following manner: the sum of One ($1.00) Dollar on July 1, 2008 and on August 1, 2008, the sum of Five Hundred ($500.00) Dollars on each of September 1, 2008, October 1, 2008, November 1, 2008 and December 1, 2008; and the sum of One Thousand ($1,000.00) on each of January 1, 2009, February 1, 2009, March 1, 2009, April 1, 2009, May 1, 2009 and June 1, 2009. I. Tenant's Covenants The Tenant hereby covenants with the City as follows: 010 2 1. that she shall pay the rent hereby reserved in the manner and on the days specified at the Cashier's Office, Shoppes of City Hall, Market Square, Saint John, New Brunswick or at such other place as the City may from time to time direct; 2. that she shall use the Demised Premises to carry on a clinic for massage therapy and to sell at retail supplies related to a massage therapy business. At no time during the term hereof, shall the Tenant, without express consent in writing from the City, use the Demised Premises or any part thereof for any other business or purpose; 3. that she shall not make any modifications or alterations to the Demised Premises including but not limited to permanent fixtures, repainting, flooring changes, changes to lighting, signage, partition of walls and any similar interior renovations without the prior written consent of the City, which consent shall not be unreasonably withheld; 4. that she shall permit the City and its employees and agents at all reasonable times to enter and view the state of repairs to the Demised Premises and that she shall promptly make repairs and maintenance in accordance with such instructions to do so given by the City and its employees and agents; 5. that she shall keep the Demised Premises in good repair, reasonable wear and tear only excepted and deliver them up in this condition at the termination of this Lease; 6. that there are no other existing leases for the Demised Premises with the City or any predecessors in title to the City. II. City's Covenants The City hereby covenants with the Tenant: 1. to permit the Tenant, so long as she pays the rent and complies with her covenants, to use the Demised Premises without interference from the City or those claiming thereunder; 2. that the rent payable by the Tenant includes heat and lights together with the costs for water consumption and sewerage charges. 001 3 III. Provisos Provided always and it is agreed: 1. The City may determine this Lease and re -enter the Demised Premises: a) if any installment of rent or any part thereof is in arrears for fifteen (15) days whether formally demanded or not; b) if the Tenant is adjudicated bankrupt or judged to be insolvent, or if a receiver or trustee of the Tenant's property is appointed or if the Tenant files a petition in bankruptcy or insolvency, or if an execution or attachment is issued against the Tenant or any of the Tenant's property whereby the Demised Premises or any part thereof may be taken or occupied by someone other than the Tenant; and c) if the Tenant breaches any of her covenants herein. 2. The City is not liable for any injury to the Tenant or her employees, servants or visitors caused by any defect in the Demised Premises. 3. In the event that the Tenant holds over beyond the duration of this Lease with or without the consent of the City and without any further written agreement, the tenancy resulting shall be a monthly tenancy only, at a monthly rental of One Thousand ($1,000.00) Dollars plus HST and subject to termination at the election of the City or the Tenant upon one (1) month's notice in writing and subject also to the terms, conditions and covenants herein set out. 4. The Tenant may, on one (1) month's written notice to the City terminate this Lease. IN WITNESS WHEREOF the parties have executed these Minutes of Settlement and Attornment Agreement on the dates below their respective signatures. SIGNED, SEALED & DELIVERED) Lori Roy Witness ) 061 M THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: i[8I87 30 Colpitts Avenue Saint John, NB E2M 5G7 July 3, 2008 His Worship Mayor Ivan Court & Members of Common Council Dear Mayor Ivan Court & Members of Common Council: Re: Tax Dollars Needed for Ocean Westway We all know many parts of West Saint John have been ignored and the tax dollars just did not get to all areas. My family and I have lived in the same house for 31 years. We have called and asked many times but we were told they have a list they follow. The money went to the city streets closer to the center and whoever had the greatest need. Councillor McGuire spoke about receiving money for the Westside areas. He mentioned South Bay and Lorneville areas in his statements at council. I am asking to include Ocean Westway, Gault Road and South Bay Rd and Lorneville. We all have no sidewalks. Some areas need wider roads. The Gault Road needs money to finish the work started and complete their sidewalk on one side. Maybe councillors have made promises to some people but you represent all taxpayers. Since we now have the Ward System it appears on council that some councillors are trying to pass all their items before other councillors have a chance. Maybe the newest councillors do not understand that when the money runs out, their items will be put aside until the next year or more funds can be found. Before any items are agreed on and passed why not see how much money we have and share the money in all areas or for the greatest need. Sometimes being fully informed works for the better good of all citizens. I thought the Ward system was intended to help all areas now it appears some Councillors are only concerned for their ward only. Sincerely, Patricia Dashwood 101 30 Colpitts Avenue Saint John, NB E2M 5G7 July 3, 2008 His Worship Mayor Ivan Court & Members of Common Council Dear Mayor Ivan Court & Members of Common Council: Re: Garbage Collection There have been numerous discussions throughout the years about cutting back on how many bags of garbage that can go curbside. We all understand the concept. If you only allow two bags; this will lead to disposing of garbage in the woods or on someone else's property. We want to encourage people to lessen the number of bags. At the same time we don't want to have to collect the extra bags in the woods. Citizens have always paid a lot for garbage pickup in their taxes. So an extra bag or two at curbside should be taken now or more tax dollars will be needed to collect garbage in the woods, back roads or another neighbour's yard. We can set a max for the number of bags but two is too low for several families; garbage collection is every other week. We must consider all people and all situations. Since Spring Clean Up has been cancelled we have more garbage in the woods. Sincerely, Patricia Dashwood i18Y T J I � l I � I I r , � I I � r- , � r- � r- � �- � r� r� l� rl r -I Sri rl C �r� Sri Jl��lli �r1 ,-1 J I �l r-10r 20 Mayor and Common Council City Hall P.O. Box 1971 Saint John, N.B. E2L 4L 1 Dear Mayor and Councillors : � f�l f) r r �� r C) J___ (50 ) JJJ-JJ_U r' r 6'5-699' _. (J0U) July 3, 2008 We are requesting to appear before the Mayor and Common Council on August 5, 2008 or August 18, 2008 with regard to the Long Wharf issue. A copy of our presentation will be submitted on the Thursday before the relevant date. Please response as soon as you can so that we can arrange our schedule. We thank you very much for your anticipated cooperation. Sincerely yours, (:P, 1. Patrick T. Riley Business Agent Secretary Treasurer WIN M & C — 2008 July 07, 2008 His Worship Mayor Ivan Court And Members of Common Council: SUBJECT: Fleming Court Park Development Proiect BACKGROUND: In 2007, staff of Leisure Services met with CVROC to discuss development options for an empty green space in Crescent Valley. It was the wishes of the residents to develop a more user friendly space that they could be proud of and would have greater play and social value. The Glenn Group of Fredericton volunteered the time of one of their designers to work with CVROC to develop a plan. Since then fiinds were allocated in the 2008 Capital Budget to fiirther develop the plans and to provide some fiinding to get the project started. It is the plans of the CVROC to now take the plans to various stakeholders and the general community to raise the necessary funds to make this park a reality. Attached is the concept plan for the proposed project. Plans include a new playground, a water park, a gazebo, a treed green space and areas for socializing. FINANCIAL: The total project cost is estimated at $650,000. The City contributed $100,000 to entice others to invest in this worthwhile community project. RECOMMENDATION: It is recommended that this report be received and filed. Respectfidly submitted, Bernie Morrison Commissioner of Leisure Services 104 Terrence L. Totten, C.A. City Manager sm Aerial Photo of Fleming Court as it exists: 105 LLj (D C) z w Z) cf) 00 cf) CD 2 Z_ cf) 00 °m w ct) 0 0 0 cn . . . . . . . . . . . . . . . . . . . . . . . ..... ..... por" Y Z m cn Vs. m 0 z < z Z cn W 1: 0 cn z < W �— (Y co W 2 0 cn > W w UJ Z cn w W9 cn cn 1: z w w 0 z z cn co 0 of w D 0 of w z > cn 0 Of 1: 0 cn w 12f 0 �— Y of mo LL I W —J < < I-- < /) Of cn C of 12f 0 w 0 z w D w L oo 0 0 cn m 0 z < z Z cn W 1: 0 cn z < W �— (Y co W 2 0 cn > W w UJ Z cn w W9 cn cn 1: z w w 0 z z cn co 0 of w D 0 of w z > cn 0 Of 1: 0 cn w 12f 0 �— Y of mo LL I W —J < < I-- < /) Of cn C of 12f 0 w 0 z w D w L oo 0 0 cn S*.*, Z) 0 o U L'u, Lu Z zz 0 LU —j LL tM REPORT TO COMMON COUNCIL June 26th, 2008 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Councillors: SUBJECT: Air Conditioning Unit for City Technology Data Center (City Hall 9th Floor) BACKGROUND } City of sent John The City's data center located on the 9th floor of City Hall houses the servers and network equipment needed to support the City's growing information technology requirements. While these systems themselves get ever smaller, the number and the heat they produce continue to increase. A review of departmental needs in preparation for the 2008 capital budget program identified the need to replace the existing, aging air conditioning system. This system which relies on water to cool the air is barely meeting the present needs of the equipment it is required to protect and has no room left for expansion. Further concerns are raised as this system does not function during a power outage, or water shortage, necessitating the shutdown of critical computer equipment in order to avoid damage from over heating. The initial plan was for the purchase of one new system, using newer technology, to replace the existing aging system and for the old system to remain temporarily available as a back -up. An additional, new, backup air conditioning system was planned for purchase in 2009 in order to provide for redundancy in the case the first system should fail. ANALYSIS A power outage on May 14th, 2008 impacted most of uptown. The City Hall Data Center had to be shut down due to failure of the existing AC unit. This event underscored the need for a fault tolerant AC unit in support of our Computer Data Center. To address this requirement Information Technology team has acquired input from the City's Energy Manager and Direct Energy. Direct energy is a 107 PAGE TWO vendor currently under contract with the City to provide maintenance and service to the City's Heating, Ventilation, and Air Conditioning systems. The outcome of this process had Direct Energy submit a proposal that would fulfill the current AC requirements of the Data Center and allow for future growth. Upon review of the five options presented, the Energy and IT Manager have selected the second. This option includes the purchase and installation of a new Liebert environmental control system (model BF067A -BAEI Challanger 3000 with a 95 °F Ambient Lee Temp Control Condenser model DCSL083 -B, 600/3/60), the necessary peripheral equipment, and provides for a "turn key" installation. FINANCIAL IMPLICATIONS The total cost to purchase a new air temperature control unit as described will be $58,950.00 plus HST. This is a planned expenditure and as such funds were included in the 2008 Information Technology Capital Budget. INPUT FROM OTHERS The circumstances of this situation have been reviewed with the City's Purchasing Agent who agrees that, in this case, the need to call for competitive bids is out weighed by the need to address what is quickly becoming an emergency situation and that the City's Procurement Policy allows for this contingency. RECOMMENDATION It is recommended that the proposal from Direct Energy for a "turn key" installation of a new Liebert (model BF067A -BAEI Challanger 3000 with a 95 °F Ambient Lee Temp Control Condenser model DCSL083 -B, 600/3/60) environmental control system with the necessary peripheral equipment for $58,950.00 plus HST, be accepted. Respectfully submitted, Ian MacKinnon, Manager Information Technology PAGE TWO Terrence Totten, FCA City Manager 109 Application for a Zoning By -law Amendment Demande de modification a 1'arrete sur le zonage Applicant Related Information / Renseignements sur le demandeur C� Name of Applicant / Nom du demandeur c a-404 -4 stt,00// S Mailing Address of applic ant / Addresse postale du demandeur G✓GS �c Postal Code / Code postal 4,=- ZN 1 Telephone Number / Num6ro de telephone Z<10— 02 % 2— Home / Domicile Work / Travail Fax Number / Num6ro de telecopieur ZS— J / / % Name of Property Owner (if different) / Nom du propri6taire (si different) Address / Adresse Property Information enseignements sur la propriete Location / Emplacement 1q11 • C / , j• Civic If / No de vome Postal Code / Code postal Street / Rue Lot Area / Superficie du lot t Street Frontage / Fagade sur rue 4'1 L;bM Existing Use of Property / Utilisation actuelle de la propri&te INOEU EWPPA ru r Municipal Plan land Use Designation Designation de utilization des terres sur le plan municipal UNSELV IGFD RESIO&J T A,L, Amendment Requested / Modification demandee Present Zoning / Zonage actml —I ONE. bo jo -TWO FA iuf SU9UR3A+.J I�F_sI [EiTI &L_ {� Change Zoning to/ Modification du zonage A ONE FAmiu-f Ruk[,NL and/or / ou ❑ Text Amendment (indicate particulars) / Modification due texte (indiquez les details) is[$] Development Proposal / Proposition d'amenagement Description of Proposal / Description de la proposition Rutm- R,s►oF -,1 TDB- SugiD►yls lbrJ CsEE- A- r-rat-REP - eN"X TvE- PUNN You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. The plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Vous devez fournir un plan du site a 1'echelle illustrant votre proposition. Vous pouvez egalement fournir des photographies, des plans de batiment, des dessins de plan d'elevation et toute autre forme de renseignement Le plan dolt indiquer les dimensions de la propriete, !'emplacement de la totalite des bdtiments, des allees, des aires de stationnement, des amenagements paysagers et des panneaux de signalisation. It est important d'indiquer la distance entre les limites de la propriete et les bdtiments. Provide reasons why these amendments should be approved. / Fourmr tout autre renseignement concernant votre proposition qui pourrait titre approuvbes. IW (CE p SE_ -TPx BAS- I tQ !� f-D w 1 C1 E�S I DEnI P t--- tielrA Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concernant votre proposition qui pourrait etre utile. Signature of Applicant / Signature du demandeur yl/ 4� Date Y' M S40o Application Fee Enclosed / Ciyoint les frais de demande�de If you are not the owner of the land in question Si vous n'etes pas le proprietaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du proprietaire dans la partie the owner is authorizing this application to proceed ci- dessous. La signature du proprietaire autorisant le for consideration by Common Council. traitement de la presente demande pour que cette derni&e soit examinee par le conseil communal. Signature of Owner (if applicable) Signature due proprietaire (s'il y a lieu) Date: 111 BY -LAW NUMBER C.P. 110 - 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 nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 640 Hillcrest Road, having an area of approximately 38.5 hectares, also identified as being PID Nos. 00310615 and 55062053, from "RS -1" One and Two Family Suburban Residential to "RR" One Family Rural Residential, classification - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2007 and signed by: Mayor/ Maire ARRETE No C.P. 110 - ARRETE MODIFIANT VARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une r6union du conseil communal, The City of Saint John a decrete ce qui suit : Uarr&6 sur le zonage de The City of Saint John, decrete le dix -neuf (19) d6cembre 2005, est modifie par: 1 La modification de 1'annexe <<A >>, Plan de zonage de The City of Saint John, permettant de modifier la designation d'une parcelle de terrain situ6e au 640, chemin Hillcrest, d'une superficie approximative de 38,5 hectares et portant les NID 00310615 et 55062053, afin de faire passer la classification de zone r6sidentielle de banlieue — habitations unifamiliales et bifamiliales «RS -1» a zone r6sidentielle rurale — habitations unifamiliales <<RR>> - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2007, avec les signatures suivantes Common Clerk/Greffiere communale First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - 115 Troisi6me lecture PROPOSED ZONING BY -LAW AMENDMENT RE: 640 HILLCREST ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, July 7, 2008 at 7:00 p.m., by: Rezoning a parcel of land located at 640 Hillcrest Road, having an area of approximately 38.5 hectares, also identified as being PID Nos. 00310615 and 55062053, from "RS -1" One and Two Family Suburban Residential to "RR" One Family Rural Residential, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To rezone the subject area in order to undertake a rural residential subdivision. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. PROJET DE MODIFICATION DE L'ARRE E T SUR LE ZONAGE Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658 -2862 OBJET: 640, CHEMIN HILLCREST Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a FarrW sur le zonage de The City of Saint John, lors de la r6union ordinaire qui se tiendra dans la salle du conseil le lundi 7 juillet 2008 a 19 h, en apportant la modification suivante : Rezonage d'une parcelle de terrain situ6e au 640, chemin Hillcrest, d'une superficie approximative de 38,5 hectares et portant les NID 00310615 et 55062053, afin de faire passer la classification de zone r6sidentielle de banlieue — habitations unifamiliales et bifamiliales «RS -1» A zone r6sidentielle rurale — habitations unifamiliales « RR>>, comme le montre la carte ci- dessous. (INSERER LA CARTE) RAISON DE LA MODIFICATION: Rezoner la parcelle de terrain en question de sorte a entreprendre une subdivision r6sidentielle rurale. ifi[1 Toute personne int6ressde peut examiner la modification proposee au bureau du greffier communal ou au bureau de l'urbanisme et du d6veloppement a Fh6tel de ville situ& au 15, Market Square, a Saint John, au Nouveau - Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire part de vos objections au projet de modification par 6crit a 1'attention du soussign6 a 116tel de ville. Elizabeth Gormley, Greffiere communale 658 -2862 PROPOSED ZONING BY -LAW AMENDMENT RE: 640 HILLCREST ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, July 7, 2007 at 7:00 p.m., by: Rezoning a parcel of land located at 640 Hillcrest Road, having an area of approximately 38.5 hectares, also identified as being PID Nos. 00310615 and 55062053, from "RS -1" One and Two Family Suburban Residential to "RR" One Family Rural Residential, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To rezone the subject area in order to undertake a rural residential subdivision. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment maybe sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 640, CHEMIN HILLCREST Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a 1'arret6 sur le zonage de The City of Saint John, lors de la r6union ordinaire qui se tiendra dans la salle du conseil le lundi 7 juillet 2008 a 19 h, en apportant la modification suivante : Rezonage d'une parcelle de terrain situ6e au 640, chemin Hillcrest, d'une superficie approximative de 38,5 hectares et portant les NID 00310615 et 55062053, afin de faire passer la classification de zone r6sidentielle de banlieue — habitations unifamiliales et bifamiliales «RS -1» a zone r6sidentielle rurale — habitations unifamiliales « RR>>, comme le montre la carte ci- dessous. (1NSERER LA CARTE) RAISON DE LA MODIFICATION: Rezoner la parcelle de terrain en question de sorte a entreprendre une subdivision r6sidentielle rurale. Toute personne int6ress6e peut examiner la modification proposee au bureau du greffier communal ou au bureau de l'urbanisme et du d6veloppement a 1'h6tel de ville situ6 au 15, Market Square, a Saint John, au Nouveau - Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. 117 Veuillez faire part de vos objections au projet de modification par 6crit a Pattention du soussign6 a Ph6tel de ville. Elizabeth Gormley, Greffi6re communale 658 -2862 iMRI City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 1 10 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: Elizabeth Gormley Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, June 10, 2008 Date(s): Wednesday, July 2, 2008 Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal 0 Public Notice line if applicable): FrText: INSERT ATTACHED tion: Elizabeth Gormle , Common Clerk/Greffiere communale Telephone: (506) 658 -2862 i M K Ipzsl Planning Advisory Committee July 4, 2008 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint john New Brunswick Canada E21, 4I I SUBJECT: Rezoning - Sierra Supplies Ltd. - 640 Hillcrest Road On June 9, 2008 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its July 2, 2008 meeting. City of Saint John The developer, Wes Debly of Sierra Supplies Ltd., appeared before the Committee in support of the application and staff recommendation. The developer's surveyor (Edward Desaulniers) also appeared before the Committee in support of the proposed development. There were no other presentations made at the meeting concerning this matter, but there was one letter received from an area resident (see attachments). The Committee inquired whether the developer intended to excavate the property prior to undertaking the proposed subdivision. Mr. Debly indicated that he had no intention of excavating. City staff indicated that if the developer wished to excavate the property that he would have to come back to the Committee for approval. After considering the presentations and staff report, the Committee resolved to adopt the staff recommendation, which is set out below for your convenience. As mentioned in the staff report, City staff will undertake further discussion with the developer and his consultant in order to explore possible improvements to the submitted tentative plan. A report and recommendation concerning the anticipated revised tentative subdivision plan will be provided at a later date. RECOMMENDATION: That Common Council rezone a parcel of land located at 640 Hillcrest Road, having an area of approximately 38.5 hectares (95.1 acres), also identified as being PID Nos. 00310615 and 55062053, from "RS -1" One and Two Family Suburban Residential to "RR" One Family Rural Residential. Respectfully submitted, Stephen Horgan Chairman 121 Planning and Development P.O. Box/C.P. 1971 Urbanisme et developpement Saint John, NB/N. -B. Canada E2L 4L1 4e, ;o www.saintjohn.ca. DATE: JUNE 27, 2008 The City of Saint John TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF JULY 2, 2008 0 Mark O'Hearn Planning Officer SUBJECT: Name of Applicant: Sierra Supplies Ltd. Name of Owner: Sierra Supplies Ltd. Location: 640 Hillcrest Road PID: 00310615 & 55062053 Municipal Plan: Unserviced Residential Zoning: Existing: "RS -1" One and Two Family Suburban Residential Proposed: "RR" One Family Rural Residential Proposal: To rezone two large unserviced properties in order to undertake a rural residential subdivision. Type of Application: Rezoning 122 Simon Subdivision Page 2 640 Hillcrest Road June 27, 2008 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, July 7, 2008. STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone a parcel of land located at 640 Hillcrest Road, having an area of approximately 38.5 hectares (95.1 acres), also identified as being PID Nos. 00310615 and 55062053, from "RS -1" One and Two Family Suburban Residential to "RR" One Family Rural Residential. BACKGROUND: In 1989 the Planning Advisory Committee considered a rezoning application by Spectrum Enterprises Ltd. to rezone the subject property from "RS -1 " One and Two Family Suburban Residential to "RF" Rural in order to permit the excavation of gravel.' This application was not recommended by staff or the Committee, and was eventually refused by Common Council under strong resident opposition. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering does not object to the proposed rezoning in order to undertake a rural residential subdivision on the subject property, but has indicated that the submitted tentative subdivision design raises concerns with respect to several factors at this time. These concerns are as follows: (a) The proposed street (Simon Street) intersection with Hillcrest Road has to be further considered and analyzed with respect to the existing geometry, topography, sight distances and grades. There may be other more suitable alternatives for this intersection, and as such this should be explored with the developer and his surveying consultant. ' At that time the rural zoning permitted pits and quarries. Today such land uses are only allowed in the "PQ" Pits and Quarries zone. 123 Simon Subdivision Page 3 640 Hillcrest Road June 27, 2008 (b) It should be noted that the existing watercourse travelling through the area from Hillcrest Road will not become the responsibility of the City of Saint John, and discussions between the developer and NB Department of Environment should ensue. Again, there may be other more suitable design alternatives with regards to this watercourse. (c) Public access to the Land for Public Purposes is not shown. It is understood that the intent of L.P.P. should provide for public access to this land along Graham's Brook. (d) There is no provision for walking trails or pedestrian accesses. With proposed future developments and neighbouring planned developments, pedestrian walkways have been encouraged. Additionally, it would be very worthwhile to consider how the entire property could be developed. Therefore, the developer should submit a revised tentative plan that illustrates how the land to the west would be developed. (e) Further discussion between the developer and City staff is recommended prior to submitting a revised tentative subdivision plan. Building and Technical Services has no objection to this proposal. Saint John Transit has indicated that it does not provide service along Hillcrest Road. The Commission does service Golden Grove Road as far as Mystery Lake, and they also offer service along Loch Lomond Road. A Park and Ride lot at either of these ends would provide an opportunity for local residents to avoid having to bring their vehicles into the Uptown area. Saint John Energy has indicated that there are overhead facilities in the area that can be extended in order to provide services. Aliant Telecom has no concerns with the requested rezoning and subsequent subdivision development. The extension of overhead public utilities will be jointly undertaken with Saint John Energy. Details and costs will be discussed with the developer. Rogers has been advised of this application. Maritimes & Northeast Pipeline has been advised of this proposed development. Leisure Services has been advised of the proposed Land for Public Purposes dedication along Graham's Brook. In the past they have supported the concept of a linear trail system along this major watercourse. Fire Department has no objection to the proposed subdivision application provided the street network is properly constructed. The Fire Department has raised concern with regards to the length of the proposed cul -de -sac. 124 Simon Subdivision Page 4 640 Hillcrest Road June 27, 2008 NB Department of Public Health and Wellness has been advised of this proposed subdivision. NB Department of Environment and Local Government has been advised of this proposed subdivision development. The developer has been advised that An Abbreviated Water Supply Assessment report from a qualified consultant is required in order to evaluate this proposed subdivision. School Board has been advised of the residential development. ANALYSIS: Subject Property and Neighbourhood The subject property is situated to the south of Hillcrest Road in East Saint John (see attached location map). The site is comprised of two large undeveloped properties with a total area of approximately 38.5 hectares (95.1 acres). The area is mostly covered by trees with a watercourse travelling through the area from Hillcrest Road, which connects to a more significant watercourse (Graham's Brook) running along the southern portion of the property. The area has an undulating terrain with steep slopes especially in the vicinity of Graham's Brook and where the other watercourse meets Hillcrest Road. There are nine residential properties adjacent to the site along Hillcrest Road. The MacDonald Subdivision (Marilyn Drive) is situated to the north on the other side of the road. This rural residential subdivision was developed some years ago with a long cul -de -sac street and 14 unserviced lots. The Greenwood, Secord and Sunrise Park Subdivisions are to the south along Loch Lomond Road. Earlier this year the City favourably considered a further phase of the Secord Subdivision at the end of Gibbon Avenue for approximately 18 new unserviced lots. Back in 2004 (and in 2006) the City approved the Hillcrest Heights Subdivision involving 4 new public roads and approximately 59 unserviced residential lots. This rural residential subdivision is immediately to the east of the proposed Simonds Subdivision. The tentative subdivision plan for this subdivision illustrates a street connection to a portion of the Hillcrest Heights Subdivision. In recent years there have also been other rural residential subdivisions approved to the east along Hillcrest and Loch Lomond Roads. Development Proposal The developer, Sierra Supplies Ltd. (Wes Debly), is seeking permission to rezone the subject lands in a manner that would permit the development of a rural residential subdivision. The submitted tentative subdivision plan illustrates 22 lots along 2 new public roads over the eastern portion of the site (see attached tentative plan). The surveyor has illustrated conceptually how most of the remainder of the property may be developed. 125 Simon Subdivision Page 5 640 Hillcrest Road June 27, 2008 The tentative plan also illustrates a Land for Public Purposes dedication along the southern portion of the property where a significant watercourse (Graham's Brook) is located. A minimum L.P.P. dedication of 1.43 hectares (3.53 acres) is required for the proposed 22 lot subdivision. The developer's surveying consultant has indicated that the dedication will exceed this requirement and may even be enlarged. It has been mentioned to the developer that public access will be required. There is also another watercourse running through the area. The tentative plan illustrates the 30 metre (100 foot) buffer required by NB Department of Environment from both sides of this stream. The submitted tentative plan can satisfy most of the requirements of the Subdivision and Zoning By -laws except for the following: A variance would be required in order to allow the proposed cul -de -sac street (Simon Street) to have an approximate distance of 250 metres (820 feet), since the Subdivision By -law normally restricts the length to a maximum of 105 metres (350 feet). Technically, a depth variance would be required for Lot 9B as the Zoning By -law would determine its minimum depth at 21.25 metres (69.72 feet). A depth of 40 metres (131 feet) is required which the majority of this lot can exceed. As indicated by Municipal Operations and Engineering, further discussion with the developer and his surveying consultant will need to occur with respect to developing a revised tentative subdivision design that would better address the existing topography and watercourses. Of particular concern is the proposed intersection of Simon Street with Hillcrest Road as mentioned by Engineering (please see their comments). For these reasons this report will only provide a recommendation with regards to the requested rezoning. The developer is agreeable to this arrangement. Municipal Development Plan and Rezoning The Municipal Development Plan has designated the general area as Unserviced Residential. This Plan designation supports the development of rural residential subdivisions, which are planned subdivisions with new streets and unserviced residential lots. Rural residential subdivisions are approved on the basis that they are permanent features of the outlying areas of the city. Therefore, it's vital that the suitability for private on -site facilities (i.e., septic disposal systems and wells) is carefully considered. Both the Provincial Departments of Public Health Services and Environment are consulted in determining this suitability. At the time of preparing this report, NB Department of Public Health Services had not yet undertaken their assessment of the proposed lots. This assessment is expected to occur over the summer months once the tentative plan is revised. Similarly, An Abbreviated Water Supply 126 Simon Subdivision Page 6 640 Hillcrest Road June 27, 2008 Assessment will be submitted to NB Department of Environment later this year when the design is revised. Final subdivision approval would not be given until written confirmation is received from these Provincial departments. As mentioned previously in this report, there have been a number of other rural residential subdivisions that have been approved in this area of the municipality. The rezoning of the subject property to permit a rural residential subdivision can be readily supported. A further . report and recommendation dealing with the subdivision will be provided when a revised tentative plan is submitted. CONCLUSION: The applicant is seeking permission to rezone subject property in order to undertake a rural residential subdivision. The proposed rezoning can be recommended for approval. There is opportunity for improvement to the submitted tentative subdivision plan. Therefore, a further report and recommendation concerning the subdivision will be provided when a revised tentative plan is submitted. MRO Project No. 08 -151 127 1 I. PLANNING AND DEVELOPMENT / URBANISME ET DEVELOPPEMENT FQ RS RF RS -1 RS -1 RS -1 RR RR .W--- - -\\�A RS- ' R RS- 1 I t r t t. R / Subject Site site en question: PID(s) NIP(s): 00310615 55062053 Location: 640 Hillcrest Rd. / ch. Hillcrest Date: May / mai 27, 2008 Scale / echelle: Not to scale / Pas a 1'echelle 128 gg CL -? -r: 8i _ _ Hies i ( o w o Ty R Z OOOM04�x w V, C) — m tj Z a IN z RIX M a s zz �Z3 Z I Z ui > --izz ZZ m 3 CO v M lz I a z q. eel W11 212 it, orl 0 llrA %0 It It 0 % 'pe o0oz.ST -QLSL. 0 0 0 0. 8.0 0 Or 10 Ob �pl ........ .... Qlrl 1� co t9 0.00, . .......... .............. .......... ........... oocz"T. .................. ............................. 0 0 0 0 0 06, z OOZZbt 0.. .0 uj C3 uj M 0 LL 0 V) C) CL 0 0 ix EL mm olm M13NW8 bT 1 2D oosiec � , � • � FC r.�'�' =� � � boo 1. C� . I4 JU N 17 r �,. 6 co Zi�wv -►-., �.i- �.,k,'- ,��- c,,.� -� . �' - �e -e"�. �-� �'�� r�.� �i-� -cue �1 d,l,�t✓� '1ti.. Q-'�' L�J � c�/1•�.. f�:�t%�t�' -t� C�. --�' c�.�i�'(,�(. vvta.,t'''� " �^-•�'i�v�%� E-�' c� •r-- l��i.c� u�, -�• yeas , Ct � 130 - 2 131 PLANNING AND DEVELOPMENT / URBANISME ET DEVELOPPEMENT \ Y Rti.t iE!d M, IN'1. �s{ .W> V I V 1d4yFA �1r Kit) I� i tai ,.�,5�ur.�lld s4pfl � A.�A }�p�3���• RR \ R1 1 / I I � Rst I \ us I \ Subject Site / site en question: `r Location: 640 Hillcrest Rd. / ch. Hillcrest Date: May / mai 27, 2008 Scale / echelle: Not to scale / Pas a 1'echelle 132 i Jvv0 0 tut 5 Q'Sl> W1 -7 to PID(s) / NIP(s): 00310615 55062053 ° e 0 C 0 }1 0 n R.btO[ W10 Vlix 1 0 I ° $42050 i p LA O O ir T O IC C � O A � � m 'II 1D c l h m O O I O m 5422:^ O o O \ V 3 \ / m Z � O S O o -� O O 6/ o `� \ o o o o 542 )bJ - S •� r � � \ e 1 \. U z o � i ..... ..... w U \\ W p so o j \ go O bO o .,: aJ: '�Ywi°k9tMP r�•s'dh y .s \ _ � . -l. ^� =_ .ass 4N i a� w av z 15 o P g3 to -� `s CA Ip zel -1 N G ° p _ D 9 q^ n . _- - _ __ =1d ct5ii• .ass ° p _ _- - _ __ =1d ct5ii• 133 := i YI Application for a Zoning By -law Amendment Demande de modification a 1'arrete sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur & k l x Wine must I t1 c Mailing Address of applicant / Addresse postale du demandeur �3 n/tNWA- Postal Code / Code postal �2L 3 �t Telephone Number / Nmntso de telephone 0_00 (916 " V 0 S O Home / Domicile Work / Travail Fax Number / Numdro de tel&opiew n Y 6 _ Q 00 q Name of Property Owner (if different) / Nom du proprietaire (si different) Address / Adresse Postal Code / Code postal Property Information / Renseignements sur la propriete Location / Emplacement 7 TO �G ► d S5/1(97S9 Civic # / No de voirie Street / Rue PID / NIP Lot Area / Superficie du lot fi I a q I M Z Street Frontage / Fasade sur rue fi �{ q rn Existing Use of Property / Utilisation actuelle de la proprietd y(',c. C q4\.+ Municipal Plan land Use Designation /� 1 Designation de utilization des terres sur le plan municipal �.Dy! n S 11 1w IC P S 1 d `t. J—( 'a Amendment Requested / Modification demandee Present Zoning / Zonage actuel 119-2 1/ Change zoning to / Modification du zonage A and/or / ou ❑ Text Amendment (indicate particulars) / Modification due texte (indiquez les details) 134 Development Proposal / Proposition d'amenagement Description of Proposal / Description de la proposition You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. The plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. vous devez fournir un plan du site a 1'echelle illusrrant votre Proposition. Yous pouvez egalement fournir des photographies, des plans de batiment, des dessins de plan d'elevation et toute autre forme de renseignement. Le plan doit indiquer les dimensions de la propriete, !'emplacement de la totalite des bdtiments, des allees, des arras de stationnement, des amenagements paysagers et des panneaux de signalisation. Il est important d'indiquer la distance entre les limites de la propriete et les bdtiments. Provide reasons why these amendments should be approved / Fournir tout autre renseignement concernan t votre proposition qui pourrait titre approuvbes. N ► �- kc- -Go r 4 I a,hll Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concer nant votre proposition qui pourrait titre utile. Signature of Applicant / Signature du demandeur Geratd 0 . We-b5te.r Date ,� MCr a ZUO $400 Application Fee Enclosed / Ci -joint les finis de demande de 400 $ If you are not the owner of the land in question Si vous n'etes pas le proprietaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du proprietaire dans la partie the owner is authorizing this application to proceed ci- dessous. La signature du proprietaire autorisant le for consideration by Common Council. traitement de la presence demande pour que cette derniere Signature of Owner (if applicable) soit examinee par le Conseil communal. Signature due propri6taire (s'il y a lieu) Date: 135 136 18' 11'6" �'' 616" 18' 9'9" 6' S.f Beam - 3-Tx8" R.S. = 34!'x 84" I i R.S.O. = 82" x 32" � I -1-1 DWI I 30 I 05 KITCHEN — 6'3" 3 3 0 lo liilll �v a o -4 3 0) DINING m GREAT ROOM GREAT ROOM cn cn R.S.O. = 94" x�— R.S.O. 2'9" 2-9-- R.S.O. = 38" x 84" �\ R.S.O. 94" x 6 " 6' 9'311- 9'3" 6' Covered Deck Covered Deck C' a a ftn Beam- 42"x10" > > Beam -4- 2"x10" 6" x 6" Posts 6" x 6" Posts 6" x Posts MAIN FLOOR PLAN Living Area = 684 &. Ft. 137 18' 6' 7' 5' —� = 55" x 51" R.S.O. = 4" x 11'6" -, c6 4 BAT BEDROOM 28" C.3 8'6" co s 30" 3 3'6" closet 7 L ^ J 6' tub NSUI = SA 0, 91 30" ao cz MASTER BEDROOM W.I.C. 12'6" V SrMNG L.V.L. Beam AREA 18' 5' 7' < 6' )u. i R.S.O. = 55" x 51" 11'6 "--------- m 28" I BEDROOM w co 30" di �—_ 81611 - APS 3'6" ' closet �s ^J 7'21 \ 6' tub ,r I 3 30" 00 w 3 12'6" m siTTiNG AREA L.V.L. Beam vi Flankers R 5.0. = 18" x 4T' R.S.O. = 2" x 4T'' Flankers IR.5.0. = 18" x 4T' Center R.S 0. = 42" x 54" Center R S.O. = 42" x 54" 8,3„ 3.9,E 3,9„ 8'3" 6' 6' 18' 18' UPPER FLOOR PLAN 1 [48 CA) ao .. - � -& 1, w - - -& IIwM w -� . -0. PROPOSED ZONING BY -LAW AMENDMENT RE: 7 POKIOK ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, July 7, 2008 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 1991 square metres, located at 7 Pokiok Road, also identified as being PID No. 55116735, from "R -2" One and Two Family Residential to "TH" Townhouse, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To permit the construction of a six -unit townhouse building. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 7, CHEMIN POKIOK Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a Farrete sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 7 juillet 2008 a 19 h: Rezonage d'une parcelle de terrain d'une superficie d'environ 1991 metres carr6s, situ6e au 7, chemin Pokiok, et portant le NID 55116735, de zone r6sidentielle — habitations unifamiliales et bifamiliales <<R -2» a zone de maisons en rang6e TH >>, comme le montre la carte ci- dessous. (INSERER LA CARTE) RAISON DE LA MODIFICATION: Permettre la construction d'un batiment de maisons en rangee de six unites. Toute personne int6ress6e peut examiner le projet de modification au bureau du greffier communal ou au bureau de Furbanisme et du developpement a 1'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feri6s. Veuillez faire parvenir vos objections au projet de modification par 6crit a Fattention du soussign6 a 1'h6tel de ville. Elizabeth Gormley, Greffiere communale 658 -2862 i[[i7 PROPOSED ZONING BY -LAW AMENDMENT RE: 7 POKIOK ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, July 7, 2008 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 1991 square metres, located at 7 Pokiok Road, also identified as being RID No. 55116735, from "R -2" One and Two Family Residential to "TH" Townhouse, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To permit the construction of a six -unit townhouse building. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658 -2862 PROJET DE MODIFICATION DE VARRETE SUR LE ZONAGE OBJET: 7, CHEMIN POKIOK Par les prdsentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'dtudier la modification suivante a 1'arret6 sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 7 juillet 2008 a 19 h : Rezonage d'une parcelle de terrain d'une superficie d'environ 1991 metres carres, situee au 7, chemin Pokiok, et portant le NID 55116735, de zone residentielle — habitations unifamiliales et bifamiliales «R -2» a zone de maisons en rangee « TH >>, comme le montre la carte ci- dessous. (INSERER LA CARTE) RAISON DE LA MODIFICATION: Permettre la construction d'un batiment de maisons en rangee de six unit6s. Toute personne int6ress6e peut examiner le projet de modification au bureau du greffier communal ou au bureau de Furbanisme et du d6veloppement a 1'h6te1 de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les fours fdries. Veuillez faire parvenir vos objections au projet de modification par dcrit a Fattention du soussignd a 116tel de ville. 141 Elizabeth Gormley, Greffiere communale 658 -2862 EIy City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Budget Number: 1 10 0801 442 2010 Department: Common Clerk's Office (Account # 71206) Contact: Elizabeth Gormley Phone: (506) 658 -2862 Fax: �(5060) Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad Date(s): Tuesday, June 10, 2008 SJTJ Independent Placement Date(s): Wednesday, July 2, 2008 SJTJ Classifieds Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal ❑x Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common Clerk/Greffiere communale Contact: Telephone: (506) 658 -2862 i«j AQb O O Ia U 4r BY -LAW NUMBER C.P. 110 - 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 nineteenth day of December, A.D. 2005, is amended by: I Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 1991 square metres, located at 7 Pokiok Road, also identified as being PID No. 55116735, from "R -2" One and Two Family Residential to "TH" Townhouse - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2008 and signed by: Mayor/Maire ARRETE No C.P. 110 - ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a d6cret6 ce qui suit : L'arrete sur le zonage de The City of Saint John, ddcr6te le dix -neuf (19) d6cembre 2005, est modifi6 par: 1 La modification de 1'annexe <<A», Plan de zonage de The City of Saint John, pern1ettant de modifier la designation d'une parcelle de terrain d'une superficie d'environ 1991 metres carres, situ6e au 7, chemin Pokiok, et portant le NID 55116735, de zone residentielle — habitations unifamiliales et bifamiliales <<R -2» a zone de maisons en rang6e a TH - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du present arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2008, avec les signatures suivantes : Common Clerk/Greffi6re communal First Reading - Premi6re lecture Second Reading - Deuxieme lecture Third Reading - Troisi&me lecture i Ell Ee'� REPORT TO COMMON COUNCIL July 3, 2008 Your Worship and Councillors: SUBJECT: Proposed Rezoning 7 Pokiok Road On June 9, 2008 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its July 2, 2008 meeting. Mr. Gerry Webster attended the meeting on behalf of the applicant and expressed agreement with the staff recommendation. Giselle St. Pierre and Michael Curran, 22 Pokiok Road, addressed the Committee in opposition to the proposal. They expressed the opinion that the proposed development would not be compatible with the area and requested that the application be denied. No other presentations were made and no letters were received. After considering the report and presentations, the Committee decided to recommend that the proposed rezoning be approved. RECOMMENDATION: That Common Council rezone a parcel of land with an area of approximately 1991 square metres, located at 7 Pokiok Road, also identified as being PID No. 55116735, from "R -2" One and Two Family Residential to "TH" Townhouse. Respectfully submitted, Stephe Horgan 7� Chairman RGP /r Attachments Project No. 08 -221 146 City of saint John Planning and Development P.O. Box/C.P. 1971 Urbanisme et developpement Saint john, NB/N. -B. Canada E2L 4L1 www.saintjohn.ca DATE: JUNE 27, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT :rni'rni: The City of Saint job n Municipal Plan: Low Density Residential Zoning: Existing: "R -2" One and Two Family Residential Proposed: "TH" Townhouse Proposal: To construct a six -unit townhouse Type of Application: Rezoning JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By -law. Common Council will consider the Committee's recommendation at a public hearing on Monday, July 7, 2008. 147 Matrix Management Inc. Page 2 7 Pokiok Road June 27, 2008 STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone a parcel of land with an area of approximately 1991 square metres, located at 7 Pokiok Road, also identified as being PID No. 55116735, from "R -2" One and Two Family Residential to "TH" Townhouse. - INPUT FROM OTHER SOURCES: Municipal Operations and Engineering advises as follows: • The property owner is responsible to verify the grades on the existing infrastructure to accommodate separate gravity connections from each of the proposed units. • Separate water and sewer services are required for each unit and the developer should coordinate, the service installations to be concurrently installed. • Parking should be provided for on-site (each unit) and it is understood that there will not be additional on -site parking separate from each unit. • The developer must provide for proper on-site drainage so as not to adversely affect w adjacent property owners. _ • , _Driveways should be designed and constructed in order to mairitain_proper sight distances. Building and Technical Services has no objection. Saint John Transit.advises that it provides significant service levels along Pokiok Road with the North End bus. Saint John Energy has been advised of the proposal. Aliant Telecom has no objection. Rogers has been advised of the proposal. Maritimes & Northeast Pipeline has no objection. Enbridge Gas N.B. has been advised of the proposal. Fire Department has no objection provided that the National Building and Fire Codes are adhered to, including proper fire separations within building units and between buildings. WU Matrix Management Inc. Page 3 7 Pokiok Road June 27, 2008 ANALYSIS: Site and Neighbourhood The subject site is located on Pokiok Road between Spar Cove Road /Bridge Street and Belleview Avenue in the City's North End. The neighbourhood consists mainly of older one and two family dwellings on small urban-sized lots. The major exception is the property on the opposite side of Pokiok Road, which is part of the former Snowflake Lime Co. holdings and most recently has - been used for outdoor storage of various materials by Northern Marine Services Ltd. - The site has a frontage of approximately 45 metres (150 feet) on Pokiok Road and a depth of approximately 40 metres (130 feet). The total area of the site, which is currently undeveloped, is approximately, 1991 square metres (%2 acre). The elevation of the site rises by approximately 9 metres (30 feet) from the front right -hand corner to the rear left -hand corner. The property to the west of the site is a vacant lot that is owned by the property- owners of the next lot (at the corner of Pokiok Road and Belleview Avenue) and is used by them as a landscaped yard area. The property to the southeast of the site contains an older dwelling situated very close to the turn in the road. To the rear of the site is rugged undeveloped land that extends to Highland Avenue. Proposal The applicant proposes to construct a building containing six attached one - family dwellings (i.e. - six -unit townhouse), as illustrated on the attached plans. Each unit would be 6 metres (20 feet) wide, three storeys at the front with built in garages, similar to the attached elevation drawings.. Because of the topography of the site, the units would step up the slope and would be only two storeys high at the rear. Upon completion of the units, they would be subdivided into part lots along the common walls to permit owner- occupancy of each unit. Each unit would have its own driveway. In this regard, sight distances appear adequate given the low- traffic nature of the street. The property is currently zoned "R -2" One and Two Family Residential and the applicant has requested that it be rezoned to "TH" Townhouse in order to permit the proposal. Proposed Rezoning The subject area is designated Low Density Residential by the Municipal Plan. The Plan's policies for low density residential areas envision a variety of housing forms developed to a maximum density of 3 8 units per net residential hectare (15 units per acre). The subject proposal falls within this density guideline. As noted above, this neighbourhood is mainly composed of one and two - family dwellings. However, townhouse projects are a typical feature in many low density residential neighbourhoods. It can also be noted that there is a large parcel of land on the opposite side of Pokiok Road from the subject site that is currently zoned "RM -1" Three Storey Multiple Residential, permitting either apartments or townhouses. The larger area also includes the older multiple residential neighbourhood of the Old North End, which is zoned "RM -IF" 149 Matrix Management Inc. 7 Pokiok Road Page 4 June 27, 2008 Multiple Residential Infill. The proposed development of six attached dwelling units on the subject site is compatible with this overall residential mix and, therefore, the requested rezoning can be recommended. Site Development The attached site plan indicates that the proposed units will be set back at least 7.5 metres (25 feet) from the front lot line. This will provide ample space on the lot for parking of at least one vehicle in each unit's driveway in addition to the parking spaces in the individual garages. The proposed side yards are 3.2 metres (10'/2 feet) on the left side and 4.85 metres (15.9 feet) on the right side. It may be necessary to shift the building to the right to ensure that the minimum required side yard is provided on the left side of the building. In this regard; the Zoning By -law requires a minimum yard of 3 metres (10 feet) or, one -half the height of the end unit, whichever is greater. At this time, the applicant estimates that the end unit will have a height of approximately 8 metres (26.2 feet), which would require a side yard of 4. metres (13.1 feet) on that side. The actual building height and, required setback will be determined when detailed plans are submitted - for building permit approval. If it is found at that time that the required yard cannot be provided, the applicant will need to reduce the number of units or snake a further application to the Committee for consideration of a variance from the requirement. - CONCLUSION: The submitted proposal suggests that this will be a high quality. residential development that will enhance the surrounding neighbourhood. Approval of the requested rezoning is supported. RGP /r Project No. 08 -221 150 PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT � � r ./r B_ » • Z 1 i 14 n ill +r r \ ) r .. - « « • __._ i � alwl :♦ fr-.. ; «1„*11 ■Iw /rlobr/'rQkl w w. ♦ - Irlr/r.Iwlw.Irlrlrl�irlrli -. _ •. - - • Subject Site /site en question: PID(s) /NIP(s): 55116735 Location: 7, rue Pokiok Road Date: June 6 juin 2008 Scale /khelle: Not to scale /Pas a 1'echelle 151 P I' 1; ti GQ i •, I. ii � • I; it li Mom! 152 pr n,e G &W JOHN COUNTY lia, mr* ohmswM ' 00 HEREBY CUMFY TO.TNE CMRMNES �'; uan TWAT 1 MMW SAT►St" TUC QrODUM Dirinv VantS 10" Conc{ eje Tubes to Min. 4' Below t} rac! J -- 4' Frost Wall �_ j Footing Line i`�'! —'_ 4' Frost Wall 1 I DETAILEQ ELEVATION. 153 I Ceiling Line Floor Line ing Line Garage Floor BY -LAW NUMBER C.P. 110 -77 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: ARRETE No C.P. 110 -77 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : The Zoning By -law of The City of L'arrete sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, decrete le dix -neuf (19) December, A.D. 2005, is amended by: decembre 2005, est modifte par: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 730 square metres, located at 79 -81 Clovelly Drive, also identified as being PID No. 00370858, from "R -2" One and Two Family Residential to "R-4" Four Family Residential - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2008 and signed by: Mayor/Maire 1 La modification de I'annexe «A» , Plan de zonage de The City of Saint John, permettant de modifier la designation d'une parcelle de terrain d'une superficie d'environ 730 metres carres, situee an 79- 81, promenade Clovelly, et portant le NID 00370858, de zone residentielle — habitations unifamiliales et bifamiliales <<R -2» A zone residentielle — habitations de quatre logements <<R -4» - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son secau communal sur le present arrete le 2008, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading - June 23, 2008 Premiere lecture 23 juin 2008 Second Reading - June 23, 2008 Deuxieme lecture 23 juin 2008 Third Reading - Troisieme lecture 154 PLANNING AND DEVELOPMENT / URBANISME ET D�VELOPPEMENT REZONING ! 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 i of � al, Tnd \ o \ V y O� v\ C FROM / DE TO / A R -2 R-4 One and Two Family Residential Four Family Residential / Zone residentielle- habitations /Zone residentiel le- habitations unifamiliales et bifamiliales de quatre logements 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 surl'urbanisme Applicant: 621946 NB Inc. Location: 79 -81 promenade Clovelly Drive PID(s) /NIP(s) 00370858 07N70SW Drawn By /Creee Par: David Couture Date Drawn /Carte Cr66e: June 25 juin, 2008 Considered by P.A.C. /considers par le C.C.U.: June 17 juin, 2008 Enacted by Council /ApproM par le Conseil: Filed in Registry Office /Enregistre le: By -Law # /Arrete #: 116191 SECTION 39 CONDITIONS- 79 -81 CLOVELLY DRIVE RESOLVED that pursuant to the provisions of Section 39 of the Community Planning Act, the use of the parcel of land with an area of approximately 730 square metres, located at 79 -81 Clovelly Drive, also identified as being PID No. 00370858, is subject to the condition that a maximum of three dwelling units is permitted. 11N7 The Ofy of 51111A �17,hn July 3, 2008 Deputy Mayor and Members of Common Council City of Saint John Dear Deputy Mayor and Fellow Councillors: The street light on Rothesay Avenue at the entrance of Ritchie's Warehouse is a safety issue. The poor condition of the road and the traffic light problem must be addressed sooner than later. Accidents have occurred at this location. Motion: That Staff report to Council in open Council session on the time line and steps to be taken to alleviate these two problems. Respectfully submitted, (Source verified) Mayor Ivan Court The City of Saint John, P.O. Box/C.P. 1971, Saint John, NB (N. -B.) E2L 4L1 www . saintioin. ca � ��,. 157 Your Worship Mayor Ivan Court June 3, 2008 and fellow Members of Common Council Re: Industrial Expansion/Impact on Municipal Services A great deal of growth in Saint John's industrial base is expected over the next several years. This growth may be expected to have a significant impact on the demand for municipal infrastructure and service delivery. This significant growth will at the same time, bring great taxation benefits to both the Federal and Provincial Governments. I would urge, in anticipation of this demand and its impact on municipal expenditures, that Enterprise Saint John be requested to examine and make recommendations on; • What is the anticipated impact on City Hall on the delivery of services arising from this significant growth, • What realignment of responsibilities on City staff will this entail and what additional staffing, if any, will we require to handle this delivery of services, • What is the anticipated impact on property taxes arising from this anticipated growth? It is on the basis of this information that City Hall, being the prime deliverer of services for this growth, will be able to go to the Federal and Provincial Governments to seek a share of the windfall of tax benefits that will come to these two levels of government. This will help share the burden for the Saint John Taxpayers. I move that Enterprise Saint John be requested to analyze and report back to Council within five months on the above mentioned issues within the context of Saint John's Growth Blueprint. Respectfully, /J� ,,/ Bill Farren Councillor The City of Saint John Access to Trade and Transportation Portfolio's iRIQ June 18, 2008 Your Worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Fellow Councillors: Subject: Public Transportation Fuel Tax Whereas public transportation is of growing economic need in urban centres; and Whereas public transportation, together with "car pooling", "ride share ", and "park and ride" will be helpful in reducing "greenhouse gases "; and Whereas a reduction in automobiles on city roads will reduce the rising costs associated with infrastructure of our roads, streets and highways; and Whereas public transportation services are a burdensome expense to municipalities and the Provincial Government provides no support for this vital service; and Whereas the cost of fuel and the "tax" associated will have a major impact on the ability of municipalities to continue with this service; and Whereas the Provincial taxes on fuel used by public transportation is very high; Now therefore be it resolved that the Provincial Government be requested to take the necessary action to rebate the tax imposed on fuel used by municipal public transportation services. Respectfully submitted, Coun ' r TAus % - 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 40 iP01 July 3, 2008 Your worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Fellow Councillors: I am writing to inform you of my impending absence from three meetings of council, specifically July 7th, July 21st and August 5th As you know, I am a teacher. I applied last fall for the opportunity to participate in an initiative sponsored by the Canadian Teachers' Federation which involves Canadian teachers travelling to various countries in the developing world to share their expertise with local educational agencies and their member teachers. I will be part of a team of five teachers from various places in Canada who will work with teachers in Ghana in Western Africa. We are expected to share our experience with and knowledge of various elements of curriculum and instruction. As you might expect, I am both excited by the challenge and honoured to have been selected to serve in this voluntary capacity. I want to assure council that I will do everything in my power to stay abreast of council business while absent. I will return prepared to participate fully in all of my responsibilities as a councillor. Respectfully submitted, Received by e -mail Councillor Killen Project Overseas Project Overseas is a joint endeavour by the Canadian Teachers' Federation and its Members to give professional assistance to fellow teachers in developing countries. Project Overseas is held during the months of July and August. Started in 1962, with one program in Nigeria, Project Overseas has now assisted teacher organizations in over fifty countries of Africa, Asia, the Caribbean and the South Pacific. With the financial assistance of the Canadian Teachers' Federation, the provincial and territorial teacher organizations which are members of CTF, the Canadian International Development Agency and the Wild Rose Foundation (an Alberta agency for international development), in a single year, as many as sixty volunteers are sent to approximately fifteen countries. 160 ,kdu N,, "7., 2008 Your Worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Members of Council Please accept my regrets that I will not be attending the Council Session on July 7, 2008 as my wife and I will be vacationing out of the country. Received by e-mail Respectfully Submitted Gary Sullivan 161 ,kdQ N' "7., 2,008 Your Worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Members of Council Motion: The City Manager submit a report with regards to the City of Saint John establishing a program of land banking. With the impending energy boom in the city, and the furthering of the Benefits Blueprint, I believe that we need to protect both Saint John Non - Profit (a City appointed non - profit) from potentially escalating prices, but by controlling potential in -fill space the city will be in a strong position to control the type development that occurs. The timing is such that in many of our Priority Neighbourhoods that we should be able to bank land at a low rate and in the future turn it over to either non - profit housing (and protecting their costs) or private developers (and return a profit to the city). Respectfully Submitted Received by e -mail Gary Sullivan 162 July 4, 2008 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: Subject: Safer Communities and Neighbourhood Legislation It is my hope that in the near future, Saint John Common Council will request the Provincial government of New Brunswick to adopt "Safer Communities and Neighbourhoods" (SCAN) legislation in order to address public disorder and neighbourhood deterioration caused by problem addresses; and urge other New Brunswick municipalities to do the same. SCAN legislation uses civil law to promote peaceful communities and neighbourhood public safety. The legislation is designed to improve community safety by targeting and, if necessary, shutting down residential and commercial buildings which are habitually used for illegal activities. SCAN Legislation allows government to give residents a way to register complaints and help put an end to illegal activities in a neighbourhood. The legislation helps residents feel safe within their neighbourhoods and communities. Many municipalities across the country have advocated successfully for SCAN legislation. In Ontario, for instance, both municipalities and organizations urged and endorsed SCAN legislation: City of Ottawa, City of Kingston, City of Hamilton, Federation of Ontario Municipalities, Ottawa Police Service, Ottawa Police Services Board, Ottawa Centre MPP, Ottawa Neighbourhood Watch Executive Committee, Concerned Citizens for Safer Neighbourhoods, Eastern Ontario Landlord Organization, Friends and Tenants of Ottawa Community Housing, Hintonburg Community Association, Somerset Street Chinatown BIA, Boys and Girls Club of Ottawa and the Dalhousie Community Association. This legislation is having success in many jurisdictions where it is being implemented! It is being utilized in Manitoba, Saskatchewan, Nova Scotia, Newfoundland, and the Yukon. 163 Winnipeg, the first municipality in Canada to advocate for SCAN legislation, has seen good things happen as a result of the Province of Manitoba passing this law. From 2002, when the law came into force, until mid -2007, 304 complaints were received. Drug and prostitution problems ceased at 219 addresses. Only one complaint ended up in court. Two million dollars in drugs were seized during investigations under the act and 93 people were charged with crimes and drug offences. In Nova Scotia, Fred Sanford, Nova Scotia's director of Public Safety, said out of 197 complaints received under the SCAN Act, 174 were drug related. They've issued 41 evictions and have taken three other cases to court. Under the legislation, the courts must hear the case quickly. To this point, the Nova Scotia Supreme Court has upheld the legislation and put down any challenges. (Telegraph Journal) Unfortunately, many neighbourhoods in Saint John are experiencing fatigue over locations experiencing chronic crime. A grade five student from St. Patrick's School wrote to me saying: "I once saw a party where they were throwing beer bottles out the windows and smoking drugs, and they are always doing it," In many places, unacceptable behavior is becoming the norm. We need to respond and do better by looking seriously at solutions aimed at building safer and stronger communities. Const. Darrell Scribner of the Saint John Police force has indicated that he is looking forward to seeing similar legislation here in New Brunswick. Scribner said it will help the police deal with chronic tenants that break the law and the landlords that rent to them. "I certainly do believe that it would put them on notice." (Telegraph Journal) Motion: I recommend that a representative from the Saint John Police force present to common council information on "Safer Communities and Neighbourhood legislation" by the end of September 2008. Sincerely, Donnie Snook Councillor, City of Saint John, Ward 3 *Stats from a variety of sources on Provincial Government websites 164 165 1..f July 7, 2008 Deputy Mayor Chase and Councillors Subject: Committee of the Whole Report The Committee of the Whole, having met on June 30, 2008 proposes the following resolution for Council's consideration: Assistant Common Clerk Position Recommendation: That Council appoint Jonathan Taylor as Assistant Common Clerk pursuant to Section 74(3) of the Municipalities Act at Step A, Group 5 of the 2008 Management/Professional Salary Grid effective July 14, 2008. Sincerely, _.--- Ivan Court 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 i[:11.1 REPORT TO COMMON COUNCIL Your Worship and Members of Council, SUBJECT: PHASE I, FAIRVILLE BLVD - SIMMS CORNER - BRIDGE RD CORRIDOR PURPOSE OF REPORT The purpose of this report is to recommend that Council proceed with a Phase I for the Fairville Boulevard — Simms Corner — Bridge Road Corridor (NB Highway 4100) reconfiguration and reconstruction project. REFERENCE REPORTS TO COMMON COUNCIL 1. Design and Construction Management: Simms Corner Reconfiguration, M &C 2007 -13, dated January 11th, 2007 2. Fairville Boulevard Simms Corner Bridge Road Corridor, dated June 22"a, 2007 3 . Provincially Designated Highuu�ays, P��oposed Five Year Capital Improvement Program (2008 2012), M & C 2007 - 292, dated September 4th, 2007 4. Fairville Boulevard Simms Corner Bridge Road Corridor, M &C 2007- 348, dated October 31st, 2007 5. Fairville Boulevard ,Simms Corner Bridge Road Corridor, M &C 2008 -98, dated April 22" a 2008 6. Design and Construction Management - Simms Corner Reconfiguration, M &C 2008 -122, dated April 2-1 , 2008 BACKGROUND Among the core recommendations of the 1999 Transportation Study was one to make much needed improvements at Simms Corner; part of a package of measures designed to enhance safety and traffic management, and address several existing and future network deficiencies. 167 Report to Common Council, M &C 2008 -188 July 2 ', d 1 2008 Phase I, Fairville Blvd -Simms Corner — Bridge Rd Corridor "The realignment and signalization of ,Simms Corner will improve traffic flows through the intersection, particularly along Route 100 east-urest from Bridge Rd to Fairville Blvd, and trill divert most of the through traffic from Harding ,St and Ready St. Overall safety and driving ease at Simms Corner and truck access from Mill Rd and Mill ,St on to Bridge Rd and Main ,St West trill be improved"' Much has happened for West Saint John traffic since 1999, including: improvements to Fairville Boulevard and a redefined Highway 4100; better Highway 41 ramps at Bleury / Catherwood; a private industrial access road; a natural gas pipeline and an east -west water link through Simms Corner; and significant planned developments in the area. ANALYSIS After a public call for proposals, Council accepted the submission of the Terrain Group Inc. for engineering design and constriction management services for the Simms Corner reconfiguration project at its meeting of January 15th, 2007. The Simms Corner Corridor ( Catherwood to Reversing Falls Bridge) is an integral part of NB Highway 100. The cost of its much needed upgrade (to do the job right) will be considerable and many issues need to be addressed before improvements can come about. " Cost - sharing commitments for this piece of Provincial highway need to be firm. " Affordability for taxpayers; project cost is high for Saint John to go it alone. " Land issues; acquisitions and transfers need to be settled well in advance. " Coordination of constriction with multiple interests (public /private) is essential. " Best long -term outcomes and value for the public and other stakeholders. The 2007 preliminary estimate for the overall Corridor project was about $8.4 million, excluding land acquisition. This large "special" project was identified for 50/50 cost sharing in 2009 with the Department of Transportation ($4.2 million each) as part of the City's proposed Five -Year Capital Improvement Program for Provincially Designated Highways (2008- 2012). The Province has yet to indicate any willingness to partner to this extent in the reconstruction of this section of NB Highway 4100; the cost far exceeds what is typically available under the PDH program. There has been ongoing consultation with a variety of stakeholders, including the Saint John West Business Association, major industries and others involved with development in the area. The impetus for the recommendations of this report ( "Phase I ") is related to two critical considerations: (1) time sensitive development, and (2) the far from ideal access - egress situation at Fairville Boulevard for the Lancaster Mall. The condition of this section of street is also poor and pedestrian movements are difficult at best. i 00) of 1airztJolzrz Trarzsportatiorz Plarz, Executive Summary-, FGA Consultants Ltd. February- 1999, p 6 Page 2 Report to Common Council, M &C 2008 -188 July 2 ', d 1 2008 Phase I, Fairville Blvd -Simms Corner — Bridge Rd Corridor The magnitude of the larger undertaking calls for separate negotiations with the Province, and perhaps others, to develop a satisfactory funding mechanism for the Corridor project. Reconfiguration Options Various reconfiguration options were considered for the Simms Corner Corridor — with very different outcomes and cost implications. After weighing the feasibility of each, along with anticipated costs and benefits, a corridor upgrade solution was selected as most favourable: an intersection retrofit with traffic signals and extensive roadway upgrades between Catherwood Street and the Reversing Falls Bridge: " Continuous 2 -way traffic on Fairville Boulevard from the Bridge. " Pedestrian and bicycle movements accommodated through the intersection. " Overall roadway improvements between Catherwood Street and the Reversing Falls Bridge would serve as a "gateway" to West Saint John. " Improvements to the horizontal and vertical alignment of Bridge Road and of Fairville Boulevard. " Enhanced entrance and trick movements at Irving Pulp & Paper and the new industrial access road, through roadway geometry modifications and turning radius improvements. " Roadway improvements along Fairville Boulevard, including Lancaster Mall entrances (one signalized; the other right - in/right -out). " Bridge Road realignment would be significant, with likely relocation of high - voltage wiring to Irving Pulp & Paper Limited (and associated industry). " The Irving Oil transmission pipeline requires relocation. " Extensive property acquisition is needed. Page 3 169 Report to Common Council, M &C 2008 -188 July 2 ', d 1 2008 Phase I, Fairville Blvd -Simms Corner — Bridge Rd Corridor Proposed Phase I — Simms Corner Corridor The figure below generally shows the overall future alignment of Fairville Boulevard, the new Harding Street connector and the intersection at the main entrance to the Lancaster Mall. There are several engineering challenges associated with placing a well configured arterial street and provincially designated highway in the land space available. The Lancaster Mall is owned and operated by Counsel Corporation, a Toronto company. It is planning extensive redevelopment of its property, with constriction commencing this year. Among its projects are a new Shoppers Drug Mart building (currently underway), possible expansion of the Superstore, and an improved public transit interface. In conjunction with these upgrades, Counsel Corporation has requested that the City consider improvements to the intersection of the Harding Street connector road, Fairville Boulevard and the Mall entrance. A signal controlled intersection to better coordinate the safe movement of vehicles and pedestrians at this location is particularly important. Counsel Corporation has acquired lands on both sides of the existing connector road, as well as along Fairville Boulevard to the Tim Horton's /Wendy's property. A land exchange has been discussed with staff that would allow relocation of the connector road to the east. The developer would demolish the existing building in preparation for road relocation and also provide lands along Fairville Boulevard for widening in conjunction with the overall Fairville Boulevard — Simms Corner — Bridge Road Corridor (NB Highway 4100) Project. Page 4 170 Report to Common Council, M &C 2008 -188 July 2 ', d 1 2008 Phase I, Fairville Blvd -Simms Corner — Bridge Rd Corridor With the land exchange, the City could constrict a new Harding Street connector road that is aligned safely with the Mall entrance and acquire land needed for further (future) constriction along Fairville Boulevard. The land holding adjustments could also enhance the development potential of property in the immediate area. Shown below are part A (new Harding Street connector and Mall intersection) and part B (lower section of Fairville Boulevard) to be realigned and reconstructed, along with the Catherwood Street / Fairville Boulevard intersection — should Council so approve. 1 M � f � g'; i i M' � NM 1i to m Page S 171 Report to Common Council, M &C 2008 -188 July 2 ', d 1 2008 Phase I, Fairville Blvd -Simms Corner — Bridge Rd Corridor FINANCIAL IMPLICATIONS The overall reconfiguration and reconstruction of this very busy transportation corridor must address essential needs - in a manner that optimizes the required major investment — estimated in 2007 at $8.4 million. Final costs could be higher. The 2008 estimated cost of Phase I is $1,350,000: Part A $725,000 Harding Street connector and Lancaster Mall intersection Part B $440,000 Lower section of Fairville Boulevard Part C $185,000 Intersection at Fairville Boulevard and Catherwood Street The land transfers proposed would provide the City with property it needs for the ultimate completion of most of Fairville Boulevard and will make possible an improved Harding Street connector. It would also require that the City assume responsibility for the retaining stricture adjacent to the mall to accommodate a widened street, grass medians and sidewalks on both sides. The land transferred to the developer would give them a contiguous parcel of land available for fi ture development. Staff believes that the land exchanges being proposed are in the best interest of the City of Saint John and taxpayers. Those land transactions remain to be finalized. Counsel Corporation would contribute $70,000 to the cost of traffic control signals at one entrance to their Lancaster Mall site. Proceeding with the Phase I recommendation at this time will require the City to act essentially on its own; that is, without any commitment of fiunding from NB DOT. The overall $4.2 million request to the Province is substantial, particularly given traditional PDH fiunding levels and the investment it is making in the One -Mile House Interchange. It is our understanding that the timing for a commitment to Phase I is particularly crucial because of development plans for the area. This is one of those situations where the City is being asked to be proactive; to take the initiative and work with those committed to investing in Saint John West. These private sector intentions align nicely with the City's long -term plans for its street network and needed street repairs along Fairville Boulevard. Planning and Development Counsel Corporation has made significant land purchases along both sides of Fairville Boulevard and are looking to develop those properties. The Commissioner of Planning and Development Services has advised that further development applications along other parts of Fairville Boulevard are anticipated. He also suggests that care be taken to design and reconstruct streets in a manner that reflects the character the people of Saint John West want for their community. Page 6 172 Report to Common Council, M &C 2008 -188 July 2 ', d 1 2008 Phase I, Fairville Blvd -Simms Corner — Bridge Rd Corridor Capital Program Considerations Staff has reviewed projects approved in the 2008 Capital Program (General Fund) and is able to identify only $300,000 that could be reallocated to this project - the City's share of Phase V of the Howes Lake Landfill Site closure. The Department of Environment, which has cost shared all previous phases of this environmental work, has recently indicated that Provincial funding is no longer available. The City will need to re- evaluate its approach for this restoration and that of the old Spruce Lake site in 2009. With the contribution from Counsel Corporation, the remainder of the estimated cost ($980,000) would have to be added to the overall 2008 Capital Program envelop. Engineering and Construction Terrain Group is currently preparing the detailed design of Phase I, with completion expected not later than July 24th. This would allow tender advertising this summer, giving Council the ability to award a constriction contract in 2008 and demonstrate its commitment to the upgrade of Fairville Boulevard. It is unrealistic, however, (and potentially very costly) to expect project completion earlier than summer 2009. Contract specifications would give the successful contractor the option to begin work in 2008, with priority given to Part A - connector road and the intersection at the Lancaster Mall. RECOMMENDATION It is recommended that Common Council: 1. Authorize staff to complete negotiations with Counsel Corporation for the exchange of lands required for the Fairville Boulevard — Simms Corner — Bridge Road Corridor (New Brunswick Highway 4100) project and private development in the area, as a prerequisite for constriction of Phase I. 2. Approve Phase I reconstruction of the Fairville Boulevard — Simms Corner — Bridge Road Corridor between Catherwood Street and the new Harding Street connector and Lancaster Mall intersection as described herein, for tendering in 2008 at an estimated cost of $1,350,000, with an "other share" of $70,000. 3. Redirect $300,000 from the City's share of the Howes Lake Landfill Site project to the above project and add $980,000 to the overall Capital Budget envelop for the General Fund in 2008 to cover the remainder. Respectfi lly submitted, J.M. Paul Groody, P.Eng. Terrence L. Totten, FCA Commissioner, City Manager Municipal Operations & Engineering Page 7 173 M & C 2008 - 186 June 30, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT Enbridge Gas New Brunswick Inc. — Street Rehabilitation BACKGROUND It Im On June 10, 2008, a request was made by Council to provide an update with respect to the City's Agreement with Enbridge Gas. Enbridge Gas New Brunswick Inc. entered into a Municipal Operating Agreement (MOA - attached) with The City of Saint John on August 14, 2000. Under the terms of the Agreement, Enbridge Gas has a non - exclusive licence irrevocable for a 20 year term commencing August 31, 1999 and any renewal thereof to enter upon all highways or at any time thereafter under the jurisdiction of the City to install, constrict, maintain, replace, remove, operate and repair a gas distribution system for the distribution of gas in and through the Municipality. This work includes the excavation of streets, sidewalks and landscaped areas and their reinstatement. The following articles specifically identify Enbridge's requirements for reinstatement under the MOA. As per Section IV (Constriction) of the MOA, • Sub- section I (a) states: "The Gas Company shall, to the satisfaction of the Engineer, restore or cause to be restored' at its cost, all highways or municipal iyfrastrnctnre ichich it may excavate or inteifere frith in the course of installing, constructing, repairing or removing its gas distribution system located within highways, and shall, to the satisfaction of the Engineer, make good any settling or subsidence thereafter caused by such excavation or intei ferenee. Unless othericise agreed by the parties, ichere the excavation takes place on a highiray that has been paved or siu faced after Augnst 1, 1998 and irithin the previons five years and ichere the excavation requires a longitudinal cut of the asphalt surface in excess q/'10 metres, the Gas Company will restore and resui lbce the affected area of highiray or road alloirance for the length cif the excavation, froi�i curb to curb. • Sub- section 1(c) states: "The Gas Company hereby warrants and agrees that all restorations or reinstatement of highways iri11 endure until the road foundation is reconstructed " 174 M &C 2008 - 186 Enbridge Gas New Brunswick Inc. — Street Rehabilitation June 30, 2008 Page 2 ANALYSIS The MOA does not specifically identify when restoration is to be completed but it has been Enbridge's practice to complete the restoration as soon after completion of the pipe work as possible. Over the last few years, the City has had discussions with Enbridge about timely reinstatements and it has been agreed that reinstatement on high volume streets and main thoroughfares would be a priority, with all other reinstatements to be within a two week period, where possible. Where reinstatements are not immediate, it is the responsibility of Enbridge to maintain the cut until such time as a permanent fix is completed. In the fall of 2007 Enbridge installed substantial lengths of natural gas main in various locations in the City and was falling behind to complete permanent restorations before winter conditions set in. In all cases, temporary repairs were made so that dangerous conditions did not exist. Inspections by staff in October 2007 revealed that restoration was not proceeding in a timely manner and a large amount of restoration work had not been finished — although staff was advised that it had been. Staff had discussions with Enbridge and presented a list of existing deficiencies. Enbridge was advised that no new constriction permits would be issued until it demonstrated a commitment to timely restoration and completion of outstanding work. Enbridge committed to expedite the restoration work and immediately had their contractor begin work on outstanding asphalt, concrete, sidewalk and landscaping reinstatements. In January 2008, staff sent Enbridge a letter (attached) concerning the 2007 and 2008 constriction programs. This letter noted that nearly 30% of the 2007 Enbridge gas main line constriction work was submitted after the October 15, 2007 asphalt surface course reinstatement timeline. Also contained in this letter, was the City's requirement that all reinstatements be in accordance with the City's General Specifications and deadlines adhered to. As well, the City requested that construction/reinstatement schedules be provided earlier each year to provide more timely coordination of work. Discussions with Enbridge Gas have resulted in an increased commitment to more timely restorations of City streets after the gas lines have been installed. Beginning this year, weekly submissions from Enbridge to the City are provided outlining upcoming work and reinstatement schedules. Daily staff inspections have noted a substantially improved commitment by Enbridge Gas toward eliminating the backlog of restoration work. With their proposed large work schedule, it is imperative that the City have the necessary resources to monitor and inspect the installations and reinstatements, thus protecting and maintaining the integrity of municipal infrastructure. Enbridge's work plan is aggressive, and as such, the City must be able to commit sufficient inspection resources to this responsibility. New permit applications for gas pipeline installations will continue to be authorized as a result of the restoration commitment by Enbridge. Where the commitment falls short, permits will be withheld by the City until such time as restorations are caught up. The City has seen good effort placed into rectifying outstanding reinstatement work to date and look forward to the continued commitment in the fi ture. Our goal is to protect the interests of the public and ensure that safe roadways and sidewalks are provided for the use of both motorists and pedestrians. 175 M &C 2008 - 186 Enbridge Gas New Brunswick Inc. — Street Rehabilitation June 30, 2008 Page 3 Staff is of the opinion that Enbridge is following the Municipal Operating Agreement. City inspectors work closely with Enbridge staff and their contractor. Meetings this past year with Enbridge have reiterated the City's position of providing safe roadways and sidewalks for the citizens of Saint John and Enbridge understands this expectation. FINANCIAL IMPLICATIONS The cost associated with all reinstatement work is the responsibility of Enbridge Gas New Brunswick Inc. It should be noted, however, there is a large Capital cost to the City when Enbridge receives requests for services and thus arranges installations on streets recently reconstructed by the City. Resources for the reconstruction of streets are limited and, as such, the City must ensure for the citizens that all reconstructed streets achieve an acceptable service life. Any service cuts following street reconstructions not only minimizes the service life and integrity of the street, but also yield negative citizen feedback for allowing said cuts on newly reconstructed streets. Enbridge must make every effort to sign -up customers in the area and not only install main lines in advance of road reconstructions but also endeavor to have all service connections completed at the same time. This is part of the ongoing dialogue with Enbridge. RECOMMENDATION It is recommended this report be received and filed. Respectfully submitted, J. M. Paul Groody, P. Eng. Terrence L. Totten, F.C.A. Commissioner, City Manager Municipal Operations & Engineering 176 January 30, 2008 Mr. Ed Armstrong Manager, Distribution Operations Enbridge Gas New Brunswick Inc. 440 Wilsey Road Fredericton, NB E3B 7G5 Attn: Mr. Ed Armstrong Re: 2007 & 2008 Enbridge Construction Programs Dear Mr. Armstrong: The City Of Saint John is in receipt of Enbridge Gas New Brunswick's 2008 Construction Plan, inclusive of the construction carry-overs from 2007. The 2008 program as outlined is very aggressive with the inclusion of a number of projects remaining to be completed from the 2007 Program. The City has reviewed all submitted plans from the 2007 Program; however, we have not yet received the final copies stamped by a Professional Engineer of some of these plans for approval. Please send the 2007 completed plans for review and approval. To date, we have not received any of your approved 2008 Program plans for review. We would recommend that the plans for the 2008 Program be submitted for early review. We trust that construction on all work for Enbridge within the City of Saint John in 2008 will commence much earlier than in previous years. As you are aware, the City of Saint John received over 30% of the 2007 Enbridge gas main line construction work for initial review and/or approval all within one week and after the asphalt surface course deadline of October 15, 2007. These late submissions led to disorderly construction planning and numerous requests from Enbridge to receive expeditious approvals. The City of Saint John would like to again reiterate this year that the City's General Specifications must be adhered to, specifically for asphalt reinstatement deadlines. As per the City's General Specifications, Section 27.5.08 - Placing Hot Mix, states: 4-4)- - -- SAINT JOHN RO. Box 1971 Saint John, NB Canada E21- 4L1 I wwwsaintjohn.ca I CA 1971 Saint John, N.-B. Canada E21-41-1 177 Januaty 30, 2008 Pace 2 Paving operations shall not continue after the following specified dates unless approved in writing by the Engineer, Sinface Courses October 15"' Base Courses October 31s' As stated above, any paving deadline deviations from the City of Saint Jol-in General Specifications must be approved in writing by the Engineer significantly in advance of the proposed construction. Approval will only be given on the number of projects that the City determines that Enbridge can successfully complete given the weather conditions at the time of year. The City's decision to grant such approvals will be binding on Enbridge Gas New Brunswick. Additionally, please ensure plans submitted accurately reflect the infrastructure on the street right-of-way, including underground and surface conditions. In previous years, such inaccuracies have led to some unnecessary delays in approvals. Finally, it is important to reiterate that Enbridge Gas New Brunswick: a Submit plans significantly in advance of proposed construction; and 0 Submit construction/re-instaternent schedules earlier. Timely submissions and coordination of plans to be approved will avoid confusion and urniecessary delays in your construction work. The City of Saint John looks forward to working with you again this year. egar J. M. Paul Groody, P. Commissioner, Municipal Operations & Engineering Eric Giffin, NBLS, P. Eng. — Deputy City Engineer Holly Young, P. Eng., Manager, Traffic & Infrastructure Development 178 Municipal Operating Agreement THIS AGREEMENT made this 14'h day of August, 2000 BETWEEN: THE CITY OF SAINT 'JOHN, a body corporate by Royal Charter (the "Corporation") - and - ENBR►DGE GAS NEW BRUNSWICK INC., a corporation incorporated under the laws of Canada, (the "Gas Company") WHEREAS the Gas Company was granted a 20 year general fianchise pursuant to the Gas Distribution Act, 1999 commencing August 31, 1999 to distribute gas and provide customer services in the Province of New Brunswick; AND WHEREAS the Gas Company desires, at its own cost, to install and operate its gas distribution system in the Municipality upon the terms and conditions provided in this Agreement; 1 AND WHEREAS the Corporation owns and maintains highways within the Municipality; AND WHEREAS the parties consider the arrival of natural gas to be an attractive alternative to traditional sources of energy and wish to ensure the timely availability of natural gas to the residents of the Corporation; AND WHEREAS subsection 7(5) of the .Municipalities Act authorizes the Corporation to enter into an agreement with a distributor of natural gas respecting the use of the property of the 0 Z� ZD Corporation and any other matter associated with the construction or operation of a natural gas distribution system; AND WHEREAS by Resolution passed by the Common Council of the Corporation (the "Resolution"), the Mayor and the Common Clerk have been authorized to execute this .Agreement on behalf of the Corporation; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the sum of $1.00 paid by each party to the other and other good and valuable consideration, the receipt 179 and sufficiency of which are hereby acknowledged, the Corporation and the Gas Company agree as follows: Definitions 1. In this Agreement: (a) "Claim" means a claim, demand, writ, process, notice, or written proceeding pertaining to damages to any property and/or injuries, including death, to any person or persons and C I? includes any mandatory order, direction, or notice from a governmental authority requiring a party, its servants, agents, or employees, to monitor, remediate, repair, neutralize or otherwise address any environmental pollutant or contaminant; (b) "Engineer" means the Corporation's Chief City Engineer or his designate; (c) "gas" means any hydrocarbon or mixture of hydrocarbons that, at a temperature of 15 degrees Celsius and an absolute pressure of 101.325 kilopascals, is in a gaseous state; (d) "gas distribution system" means all property and works within the Municipality between the city gate station up to and including the meter including such mains, plants, pipes, meters, pipelines, conduits, services, valves, regulators, curb boxes, stations, drips or such other equipment as the Gas Company may reasonably require for the distribution of gas in or through the Municipality; (c) "highway" means all common and public highways (which includes any public street, road, lane, alley, way or catchbasin with roadwork) and shall include any bridge, viaduct or structure forming part of a highway, and any public square, road allowance or walkway and shall include not only the travelled portion of such highway, but also ditches, driveways, sidewalks, and sodded areas forming part of the road allowance, now or at any time during the term hereof under the jurisdiction of the Corporation; "municipal infrastructure" means structures owned by the Corporation and contained within a highway including but not limited to water pipelines and all appurtenances thereto, sanitary and storm sewer pipelines and all appurtenances thereto, culverts, traffic control devices, signs, curbs, sidewalks, asphalt surface including sub-base, landscaping, trees, bridges, viaducts, street light standards, parking meters, civic monuments, and bus shelters; (g) "Municipality" means the territorial limits of the Corporation on the date when this Agreement takes effect, and any territory which may thereafter be brought within the 0 jurisdiction of the Corporation, and "Municipal" shall have a like meaning. 11. Non-exclusive Licence To Use Road Allowances (a) Subject to the provisions—of this Agreement, the Corporation hereby grants to the Gas Company a non-exclusive licence irrevocable for the Term and any renewal thereof to im - 3 - enter upon all highways now or at any time hereafter under the jurisdiction of the Corporation and to install, construct, maintain, replace, remove, operate and repair a gas distribution system for the distribution of gas in and through the Municipality. (b ) Notwithstanding., the 'definition of highway, this Agreement does not grant a right to attach gas lines or other parts of a gas distribution system to any bridges or viaducts owned by the 'Corporation; the attachment of gas lines or other parts of the gas distribution system to such structures must be applied for explicitly by the Gas Company on a case by case basis and are subject to the prior written approval of the Engineer. (c) The exercise of the non-exclusive licence granted in accordance with the terms and conditions of this Agreement must be carried out by the Gas Company in compliance with all applicable federal and provincial statutes, laws and regulations and'municipal by-laws of general application save and except those sections of by-laws which impose permit or other fees and those sections of by-laws which are inconsistent with this Agreement, which sections of by-laws shall not be binding upon the Gas Company. 0 0 (d) The non-exclusive licence granted by this Agreement does not extend to the construction, operation or maintenance of any fibre optics cable or any other electronic communication system, except such communications as may form an integral part and be required for the proper operation of the gas distribution system. 2. Alternative Easement The Corporation will, in the event of the stopping " up and- chasing part of any highway or any pa of a highway where a gas line has been constructed in accordance with this Agreement, give the Gas Company reasonable notice of such stopping Lip and closing and will provide the Gas Company with casements over that part Of the highway stopped up and closed sufficient to allow the Gas Company to preserve any part of the gas distribution system in its then existing location, provided however where a stopping up and closing of any highway is carried out to facilitate development of adjacent lands, any gas line located within that part of the highway stopped up and closed may at the election of the Corporation and without cost to the Gas Company be, relocated. 3. Duration of Agreement and Renewal Procedures (a) The non - exclusive licence hereby granted to the Gas Company shall be for a term of 20 years (the "Term") from August 31, 1999. N At any time within two years prior to the expiration of this Agreement, either party may give notice to the other that it desires to enter into negotiations for a renewal upon such terms and conditions as may be agreed upon. In the event the parties do not agree on the terms and conditions of a renewal agreement prior to the end of the Term, either party may apply to the New Brunswick Board of Commissioners of Public Utilities (the "Board") to cstablish an appropriate renewal term and to resolve any other contractual issues that may not have been agreed to. 4. Owhershi.p of Gas Distribution SYE-temm The Corporation and the Gas Company acknowledge and agree that title to and ownership of the gas distribution system shall at 181 all times during the Term, any renewal thereof and at all times following the expiration or termination thereof, be vested in the Gas Company notwithstanding any rule of law as to the immediate vesting of title to and ownership of the gas distribution system in the owner of the freehold. III. Approvals and Other Conditions 1. Construction at Gas Company's Cost Subject to the terms and conditions contained herein, the Gas Company shall pay the costs of installing and operating its gas distribution system within the Municipality. 2. Approval of Constiaiction/Permits (a) On or before the 15th day of September of any calendar year, th%,Pas Company shall meet with the Engineer for the purposes of exchanging known or . proposed projects of the Corporation and proposed servicing plans of the Gas Company during the next 12 months. (b) At least 20 business days before beginning construction of, or any planned extension or change to, the gas distribution system saving and excepting service laterals, the Gas Company shall file with the Engineer a plan, stamped by a Professional Engineer registered in the Province of New Brunswick, satisfactory to the Engineer, drawn to Engineer, scale and of sufficient detail considering the complexity of the specific location, showing the highways in which it proposes to lay its gas distribution system and the particular parts thereof it proposes to occupy. The plan shall show the location, depth and dimensions of the proposed pipelines and, to the extent information is provided by the Corporation in hard copy and/or electronic format, existing curbs, sidewalks, property lines, sewer pipes, water mains, service connections and other underground utilities within 3.0 metres of the proposed pipelines and, to the extent information is provided by the Corporation in electronic format, pavement surface, drainage ditches, trees, street lights, fire hydrants, curb stops, valve boxes and other relevant features with respect to the construction to be under-taken. (c) Geodetic (vertical) information will not be required from the Gas Company except in complex urban intersections or in other locations specified by the Engineer in order to facilitate known or proposed projects which are reasonably anticipated by the Engineer to be installed or constructed in the future. Unless otherwise approved by the Engineer, the Gas Company and the Corporation agree that the gas distribution system, excluding service laterals, will be installed at a minimum depth of 900 ram from the existing or planned finished grade and the Gas Company will relocate, as required by the Corporation, gas lines originally installed less than 600 mm from the existing or planned finished grade in depth and shall be responsible for all costs associated with the relocation. (d) The Engineer may require sections of the gas distribution system to be laid at a greater depth than required by CSA — Z662 to facilitate known or proposed projects or existing municipal infrastructure. 182 -5- (e) The location of the work, as shown on the plan submitted in accordance with subsection (b) above must be approved by the Engineer before the commencement of the work and the timing, special terms and conditions relating to the installation of such works shall be to his satisfaction. The Engineer shall be the final approval authority for the location of I all portions of the gag distribution system located within the highways. (f) No excavation, opening, or work in, on or under a highway by the Gas Company will be commenced until an approval and/or permit therefor has first been obtained from the Engineer as provided in subsection (e). An application for an approval and/or permit shall be Processed within 10 business days of receipt unless there are unusual circumstances. The approval of the Engineer shall not be unreasonably withheld. With respect to short main extensions, the Corporation shall make every effort to expedite the process unless there are unusual circumstances, (g) Notwithstanding subsection (f) above, where the Gas Company is undertaking construction of a service lateral running from a highway to a customer's property, the Gas Company shall, before undertaking construction, obtain an approval and/or permit. An application for an approval and/or permit under this paragraph shall be processed within three business days of receipt unless there are unusual circumstances. The approval of the Engineer shall not be unreasonably withheld. (h) In the event of any emergency, the Gas Company shall ' not be required to obtain an approval and/or permit prior to excavation but shall, on the next business day, submit a request for an approval and/or permit for the work undertaken. IV. Construction 1. Reinstatement (a) The Gas Company shall, to the satisfaction of the Engineer, restore or cause to be restored, at its cost, all highways or municipal infrastructure wl-fth it may excavate or interfere with in the course of installing, constructing, repairing or removing its gas distribution system located within highways, and shall, to the satisfaction of the Engineer, make good any settling or subsidence thereafter caused by such excavation or interference. Unless otherwise agreed by the parties, where the excavation takes place on a highway that has been paved or surfaced after August 1, 1998 and within the previous five years and where the excavation requires a longitudinal cut of the asphalt surface in excess of 10 metres, the Gas Company will restore and resurface the affected area of highway or road allowance for the length of the excavation, from curb to curb. (b) Unless otherwise agreed by the parties, the Gas Company shall provide annually an Irrevocable Standby Letter of Credit issued by a Chartered Bank in the amount of $25,000.00 to the Corporation to guarantee the cost of restoration of highways to the satisfaction of the Engineer. Should the Gas Company fail within a reasonable time to do any work required by Article IV L(a), the Corporation may do or cause such work to be done and the Gas Company shall, on demand, pay any reasonable account therefor as certified by the Engineer-._ Should the Gas Company fail to pay forthwith- on demand, the Corporation will draw on the letter of credit'to pay the sum demanded. 183 a M, (c) The Gas Company hereby warrants and agrees that all restorations or reinstatement of highways will endure until the road foundation is reconstructed. 2. Darnaee to Nlunici al Pro ertv (a) If any portion, of any highway or municipal infrastructure is damaged by reason of defects in any portion of the gas distribution system, or by reason of any other - cause arising directly from the installation, construction, maintenance, replacement, removal, operation or repair of the gas distribution system, the Gas Company shall, at its own expense, immediately repair any such damage and restore such portion of such damaged highway or municipal infrastructure to as good or better condition as existed before such defect or other cause of damage occurred, such work to be done under the direction of the Engineer, and to his satisfaction. (b) Trees within Municipal highways are to be protected at all times. The gas ' distribution system is to be designed on the premise that, unless approved by the Engineer, municipal trees are not to be adversely affected by. the installation or operation of th(! gas distribution system. (c) If any tree within Municipal highways is damaged or destroyed by reason of defects in any portion of the gas distribution system maintained or constructed under this Agreement, or by reason of any other cause arising directly from the installation or operation of any gas distribution system constructed : or maintained under this ' Agreement, the Gas Company shall, at its own cost and expense, repair any such damage or replace such trees under the direction and to the satisfaction of the Engineer. 3. traffic control Traffic Control The Gas Company shall be responsible for appropriate traff' measures while working within the highways. Where such work requires the temporary re- routing of traffic within the highway, the Gas Company shall request approval from the Engineer at least two business days in advance of the re-routing; the Gas Company shall also notify the general public of such traffic diversions, through the local media, at least 24 hours prior to the re-routing. 4. As Built Drawings (a) The Gas Company shall not deviate from the approved location for any part of the gas distribution system unless the prior approval of the Engineer to do so has been received. (b) The Gas Company must, at its own expense, supply to the Corporation "as-built" drawinas in hard copy form and in an electronic format compatible with the Corporation's corporate GIS system within 20 business days afler commissioning that portion of the gas distribution system. The "as-built" drawings must horizontally locate the gas distribution system relative to the New Brunswick Grid Co-Ordinate System (NAD S3 .or any system substituted in lieu therco�� and show depth of cover. The Gas Company must also supply an X - Y co-ordinate list of each point surveyed (and a Z co- ordinate where required by Article III 2.(c)) and shown on the as-built drawings. im pis -7- (c) Paragraphs (a) and (b) do not apply to service laterals. In the case of service laterals, the Gas Company shall provide, if requested by the Corporation, the information maintained by the Gas Company on its Street Service Operations Records System. S. Emergencies In the -event of an emergency involving the gas distribution system, the Gas Company will proceed with the work to address the emergency and in any instance where prior approval of the Engineer is normally required, shall use its best efforts to immediately notify the Engineer of the location and nature of the emergency and the work being, done. 6. Indemnification (a) The Gas Company shall, at all times, indemnify and save harmless the Corporation, its agents, officers, elected officials and employees from and against all losses, damages, claims, costs or expenses incurred in connection with Claims arising out of the Gas Company installing, constructing, maintaining, replacing, removing, operating and repairing its gas distribution system in the Municipality, or utilizing its gas distribution system for the carriage of gas owned by others. Provided that the Gas Company shall not be required to indemnify or save harmless the Corporation from and against losses, damages, claims, costs or expenses incurred in connection with Claims resulting from the negligence or wrongful act of the Corporation, its servants, agents, officers, elected officials or employees, or for losses, damages, claims, costs or expenses incurred in connection with Claims related to environmental pollutants or contaminants not caused by the Gas Company. (b) The obligation of the Gas Company provided in subsection (a) above shall survive the termination of this Agreement. 7. Insurance The Gas Company shall deliver to the Corporation a Certificate of Insurance naming the Corporation as an additional insured evidencing a policy of commercial general liability coverage on "an occurrence basis" and containing a cross-liability clause which policy has an inclusive limit of not less than $10,000,000.00. The aforesaid certificate must provide that the coverage will stay in force and not be amended, cancelled or allowed to lapse without 20 business days prior written notice being given to the Corporation. The aforesaid insurance coverage must remain in full force and effect during the term of this Agreement and any renewal(s) thereof. 8. Public Notification The Gas Company will give reasonable notice to the public of all major construction taking place within a highway and respond to all inquiries relative to the installation of the gas distribution system. V. Operational PiT)eli-re Relocation If in the course of constructing, reconstnicting, changing, altering or 1.7 C;� improving any highway or any municipal infrastructure located in the highway, the Corporation, acting reasonably, deems that it is necessary to take up, remove or change the location of any part of the gas distribution system, the Gas Company shall upon 185 notice frorn the Corporation remove and/or relocate within a reasonable period of time such part of the gas distribution system t€i a location approved by the Engineer. 2. Payment Where any part of the gas distribution system relocated in accordance with this section is located other than on a bridge, viaduct or structure, the costs of relocation shall be shared between the Corporation and the Gas Company on the basis of the total relocation costs, excluding the value of any upgrading of the gas distribution system, and deducting any contribution paid to the Gas Company by others in respect to such relocation as follows: (a) where the relocation is a result of highway work or conflicts in elevation with any sewer crossings) g(s) and occurs within two years of the installation of the portion of the gas distribution system to be relocated, the costs shall be paid 100% by the Corporation; (b) where the relocation is a result of highway work or conflicts in elevation with any sewer crossing(s) and occurs after the end of the second year following the installation of the P portion of the gas distribution system to be relocated, but within five years, the' e©sts shall be shared 65% by the Gay Company and 35% by the Corporation; (c) where the relocation is a result of highway work or conflicts in elevation with any sewer crossing(s) and occurs after the end of the fifth year following the installation of-the portion of the gas distribution system to be relocated, the costs shall be paid 1.00% by the Gas Company; and (d) where the relocation is a result of any municipal infrastructure other than highway work or conflicts in elevation with any sewer crossing(s), the costs shall be paid 100% by the Corporation. Where any part of the gas distribution system relocated in accordance with this section is located on a bridge, viaduct or stnicture, the Gas Company shall alter or relocate, at its I sole expense, such part of the gas distribution system. 3. Disposition of Gas Distribution System (a) During the term of this Agreement, if the Gas Company abandons a part of its gas distribution system affixed to a bridge, viaduct or structure owned by the Corporation, the Gas Company shall, at its sole expense, remove that part of its gas distribution system affixed to the bridge, viaduct or structure. (b) If at any time the Gas Company abandons any part of its gas distribution system located within highways, it shall deactivate that part of its gas distribution system in the Municipality. Thereafter, the Gas Company shall have the right, but nothing herein contained shall require it, to remove that part of its gas distribution system. If the Gas Company fails to remove its gas distribution system and the Corporation requires the removal of all or any of the gas distribution system for the purpose of altering or improving ng a highway or in order to facilitate the construction of utility or other works in any highway, the Corporation may remove and dispose of so much of the deactivated gas distribution system as the Corporation may require for such purposes and neither im VI "a party shall have recourse against the other for any loss, costs, expenses or damage occasioned thereby. Fees and Contributions 1. Permit — Processing Costs (a) On or before the 31" day of December for the years 2000, 2001 and 2002, the Gas Company shall pay to the Corporation the sum of $115,000.00 (plus HST) for professional services relating to plan review, processing of submission of drawings for installation and construction and field locates. In consideration of this payment, the Corporation will identify appropriate staff to the Gas Company to serve as the Corporation's primary contact for the Gas Company. (b) After December 31, 2002, the Gas Company will pay, at the time of submission of drawings for installation and construction of pipeline as set out in Article III 2.(b), a fee for the Processing of the submission by the Corporation in the amount of X6.50 (plus HST) per $1,000 of construction value. Such fee is intended to reimburse the costs incurred by the Corporation for the reviewing of the submission, processing the necessary approvals and/or permits, record keeping and inspections. (c) Where the Gas Company is proposing to construct a service lateral which will• not materially interfere with any municipal infrastructure or impede traffic on the relevant highway, no fee for processing the notification will be required. (d) Payment of the fees under this Article VI are in lieu of any municipal fees and, except to the extent provided in Articles IV L(b) and IV 6.(a) of this Agreement, the Gas Company shall not be required to make any other payments to the Corporation that in any way relate to the gas distribution system. 2. Training (a) The Gas Company will, in cooperation with and to the satisfaction of the Corporation, provide without charge to the Corporation within six weeks of the commencement of installation and construction of the gas distribution system within the Municipality, training (including refresher courses as necessary) for the municipal operations or public works staff as to the appropriate measures for excavating and working in the vicinity of gas pipelines. (b) The Gas Company will, in co-operation with and to the satisfaction of the Corporation, provide without charge to the Corporation within six weeks of the commencement of installation and construction of the gas distribution system within the Municipality, training (including refresher courses as necessary) for firefighting staff as to how to respond to emergencies arising in connection with the construction or operation of the 1 0 gas distribution system. (c) The . Gas Company will, b co-operation with and to the satisfaction of the Corporation, provide without charge to- the Corporation within six weeks of the commencement of 187 -10- installation and construction of the gas distribution system within the Municipality, training (including refresher courses as necessary) for EMO officials as to how to respond to emergencies arising in connection with the construction or operation of the gas distribution system. Locations The Gas Company will provide without charge, line location services to the Corporation, together with a 24 hour 7 day emergency locate service. VII. Miscellaneous 1. Condition of Municipal Infrastructure (a) The Corporation makes no representations or warranties as to the state of repair of its highways or municipal infrastructure or the suitability of same for any business, activity or purpose whatsoever and the Gas Company hereby takes the said highways or municipal infrastructure on an "as is, where is" basis. Provided, however, that this paragraph shall not in any way limit the Corporation's responsibility or liability for its Z� own negligence or wrongful acts. 1= (b) Notwithstanding Article VII L(a), in the event that the Gas Company encounters any existing environmental pollutant or contaminant while installing its pipelines, the Gas Company shall, at its cost and in an environmentally respopsible manner in compliance with all applicable legislation, dispose of the material 'it removes in the course of installing its pipelines; provided, however, that the Corporation shall indemnify the Gas Company, its agents, officers, directors and employees from and against all losses, damages, claims, costs or expenses incurred in connection with or as a result of any order, direction or notice from a governmental authority requiring the Gas Company, its agents, officers, directors or employees to monitor, remediate, repair, neutralize or otherwise address the remaining environmental pollutant or contaminant, and the Corporation shall make no Claim against the Gas Company in relation to that environmental pollutant or contaminant. The foregoing shall survive the termination of this Agreement. 2, Dispute Resolution In the event of any dispute arising out of or relating to this Agreement, the parties agree that the matter at issue shall be referred to the City Manager on behalf of the Corporation and the Manager, Operations on behalf of the Gas Company for resolution. In the event that the said City Manager and Manager, Operations cannot resolve the matter at issue, either the Corporation or the Gas Company may refer the matter at issue to the Board whose decision shall be final and conclusive. Any responsibility for costs shall be determined by the Board. Acting Reasonably The Engineer, in carrying out his functions and obligations (which shall include granting approvals) pursuant to this Agreement shall act in a reasonable manner, 4. Most Favoured Nation The Gas Company will provide to the Corporation copies of any other licence or operating--agreements entered into between the Gas Company and other municipalities situated in the Province of New Brunswick. To the extent that provisions 188 4 -II- in such agreements are more favourable (other than the amounts set out in Article VI for professional services relating to plan review,"• processing of submission of drawings for installation and construction and field locates and permit processing fees) to the municipalities than the provisions in favour of the Corporation in this Agreement, the Corporation may request that the benefit of such provisions be extended to the Corporation and the Gas Company and the Corporation shall amend this Agreement accordingly. The election to adopt provisions from such other agreements shall be in the entire discretion of the Corporation but shall be made in a timely manner once the Corporation becomes aware of the provisions in such other agreements. 5. Amendments Except as herein otherwise provided, no amendment, waiver, discharge or termination of any provision of this Agreement and no waiver of" any breach by any party of any provision of this Agreement shall be effective unless it is in writing, and then the amendment, waiver, discharge or termination shall be effective only in the specific instance, for the specific purpose and for the specific length of time for which it is given, 6. Noticc Any notice, demand, approval, consent, information, request or other communication (hereinafter referred to as a ' Niotice") to be given under or in connection with this Agreement shall be in writing and shall be given by personal delivery, or by fax or other electronic communication which results in a written or printed notice being given, addressed or sent as set out below or to such other address or electronic number as may from time to time be the subject of a Notice: (a) the Corporation: The City of Saint John P.O. Box 1971 Saint John, N.B. E2L 4LI Attention: The Common Clerk Tel: (506) 658-2862 Fax: (506) 658-2802 (b) the Gas Company: Enbridge Gas New Brunswick Inc. 440 Wilsey Road, Suite 203 Fredericton, N.B. E313 7G5 Attention: President Tel: (506) 444-7773 Fax: (506) 452-2868 Any Notice, if personally delivered, shall be deemed to have been validly and effectively given and received on the date of such delivery and if sent by fax or other electronic communication with confirmation of transmission, shall be deemed to have been validly and effectively given and received on the Business Day following the day it was sent. 7. Entire-Ageement This Agreement is the entire agreement between the Corporation and the Gas Company regarding the subject of this Agreement and it can be amended. or 189 �C- -12- supplemented only by a document executed in writing by both the Corporation and the Gas Company. 8.. Relatiopahip (a) Nothing herein or any acts of, nor arrangements between, the Corporation and the Gas Company shall be construed to mean or imply that the Corporation and the Gas Company are carrying on business as a joint venture, in partnership, as principal and agent, master and servant, or any other relationship. (b) The Corporation acknowledges that it will not assert that a joint venture, partndrship or principal and agent relationship exists between the Province of New Brunswick and the Gas Company. 9. Further Assurances Each party to this Agreement shall from time to time promptly upon the reasonable request of the other party take such action, and execute and deliver such further documents, as shall be reasonably required in order to fully perform the terms of, and carry out the intention of, this Agreement. Such action, execution of delivery shall be done at the expense of the party so requesting. 10. Assignment Neither the Corporation nor the Gas C6.Tnpany shall assign or transfer,this Agreement or the privileges given by it without the written consent of the other party gr first had and obtained, and the consent shall not be unreasonably withheld, provided, however, that the Corporation acknowledges that the Gas Company is in the process of assigning its general franchise to Enbridge Gas New Brunswick Limited Partnership and agrees that no consent shall be required for the Gas Company to assign this Agreement and the privileges given by it to Enbridge Gas New Brunswick Limited Partnership. Together with arIy request for consent, an assignor shall provide the other party with the assignee's written confirmation that the assignee is familiar with the terms of this Agreement and agrees to be bound by the terms of this Agreement. 11. Enurement This Agreement shall enure to the benefit of and be binding upon the Corporation and the Gas Company and their respective successors and the permitted assigns. 12. Counter rparts, each of Counterparts This Agreement may be executed and delivered in counte which, when so executed and delivered, shall be deemed to be an original and such counterparts together shall constitute one and the same agreement. 13. Number and Gender Unless otherwise specified, words importing the singular include the plural and vice versa and words importing gender include all genders. 14. Governing Law This Agreement shall be governed by, and construed and interpreted in accordance with, the laws of the Province of New Brunswick and of Canada applicable therein and the Gas Company and the Corporation irrevocably submit to the jurisdiction of the Courts of New Brunswick. 190 - 13 - 15. Severability Any provision of this Agreement which is illegal, invalid or unenforceable shall not affect the legality, validity or enforceability of the remaining provisions. 16. Time of the Essence Time shall be of the essence in this Agreement. IN WITNESS MIHEREOF the parties hereto have duly executed these presents with effect from the date first above written. THE CI OF SAINT JOHN THE Y OF SAINT by ayor A Common Vlerk ENBRTDGE--GAS NEW BRUNSWICK INC. 31MEMNW-M 191 PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN 1, MARY L. MUNFORD, of the City of Saint John, in the County of Saint John and Province of New Brunswick, MAKE OATH AND SAY:- 1. THAT I am the Common Clerk- of the City of Saint John and have custody of the Common Seal hereof. 2. THAT the Seal to the aforegoincy instrument affixed is the Common Seal of the 0 t;l said The City of Saint John and that it was so affixed by Order of the Common Council of the said City. 3. THAT the signature "Shirley McAlary" to the said instrument is the signature of Shirley McAlary, Mayor of the said City, and the signature "Mary L. Munford" thereto is my own signature. instrument on behalf of aforegoing .THAT we are the proper officers to sign the 4. 0 The City of Saint John. SWORN.BEFORE ME at the City of Saint John, in the County of Saint John and Provi_nge of New Brunswick this day of August, 2000. August, (Oaths Being a Solicitor 192 ME, 11 wjpj)— W-1 101 1 Room PROVINCE OF NEW BRUNSWICK COUNTY OF YORK 1, ROCK IVL4ROIS, of the City of Fredericton, in the County of York and Province of New Brunswick, MAKE OATH AND SAY: 1. I am the Manager, ger, Corporate Services of Enbridge Gas New Brunswick Inc. (hereinafter called the "Company"), and as such have personal knowledge of all matters sworn to herein. 2. The sea] affixed to the foregoing instrument is the seal of the Company and was affixed thereto by order of the board of directors of the Company. * " , - ►'ll 3. The signature "A. J. Pleckaitis" subscribed to the foregoing instrument is the signature of Arunas J. Pleckaitis who is the President of the Company and the signature "R. Marois". subscribed thereto is my signature. 4. The President and the Manager, Corporate Services are the officers of the Company duly authorized to execute the foregoing instrument. SWORN TO BEFORE ME at the City of Fredericton, in the County of York and Province of New Brunswick, this 14`" day of Aug st, 2000. C! 7 issioner of Oatfi--s Celu a Solicitor RdCK MAROIS 193 Saint john Harbour Bridge Author"Ity (P 29 KIN'G STREET WEST, SAINT JOHN, N.B. E2M 7'Y8 / 506 635-1320 Approval is hereby granted to the City of Saint John ("City") to enter onto the 91 sq. m+/- parcel as identified on the Plan of Survey entitled "Plan E Plan of Survey" to undertake work for the construction of the Saint John Skateboard Park prior to a lease / licence being finalized. This permission is granted in advance of The Saint John Harbour Bridge Authority Board of Directors formalizing or considering any approval to grant a lease or licence to the City with the understanding that: The Saint John Harbour Bridge Authority makes no guarantee that it will give approval to enter into a lease or license with the City. The City shall be advised when a decision is reached. 2. There will be no reimbursement for work performed and all improvements will be removed at the expense of the City should a lease or licence not be granted. The City shall be responsible for all costs associated with the construction of the proposed Skate Park, including site preparation, I All activities shall be carried out solely at the expense and risk of the City and no claim shall be made against the Saint John Harbour Bridge Authority. 4 The City shall at its expense obtain all other necessary permits and approvals that are required, 5. The City shall indemnify and save harmless the Saint John Harbour Bridge Authority from any and all claims that may arise from the use of the subject property by the City by persons claiming under the City or from the exercise by the City of any of its rights or the failure to perform any of its obligations hereunder, 6. The Saint John Harbour Bridge Authority will not be held liable for any injury that may arise from this activity, 7 Please contact the Saint John Harbour Bridge Authority prior to the commencement of any work. 194 Sincerely, The Saint Jo /nHarbour Bridge Authority Please indicate your acceptance of the above stated terms and conditions by signing below and returning a copy to this office. THE CITY OF SAINT JOHN Ivan Court, Mayor Elizabeth Gormley, Common Clerk 195 MR Resolution: CP �0- yygg r \ \ I .\ jk •JO .y \ cti \ ,. 11 / r �G/ - / \ \ \\ $oho q'. \• �nC,`opl IV 000 ' ° aaaet�� oo of \\ \ \\ 196 E g t� 6 Y o > Ym _++ 2 < m b� p Z; ;m "�Risoon 11 F oN � O� �' 3 3p v" m°md m °nv"'i °:� nn •� L ,� :3•p z v,m S o ti a Ea !' $ ° �nnnn�nMMh - W v o o 0-71 '' Oxag fi e v- jgPagp°ryoq.C. °m," 0 E a . ;c : 1-- O p° o c �� � c 3)0 on' C o 34 •O O is X ry z , w O o c) g ga EE g= m��Smrn�r CD a: �� e•� _ 3o�> m nnr nn �r •c 0 V)• o�N NV0 _ ffi Fl _- _ •v Ia_.a - - - - - CP �0- yygg r \ \ I .\ jk •JO .y \ cti \ ,. 11 / r �G/ - / \ \ \\ $oho q'. \• �nC,`opl IV 000 ' ° aaaet�� oo of \\ \ \\ 196 { 1 Department of Transportation Highway Usage 2003 gD E VZv 'r .IVED JUN 5 203 M JU eu4j Permit No. 200811OM43000101 197 It a r HIGHWAY USAGE PERMIT PERMIT NUMBER 2008110M43000101 THIS PERMIT issued in duplicate originals this of , 2008. FROM: HER MAJESTY THE QUEEN in right of the Province of New Brunswick, as represented by the Minister of Transportation (hereinafter called the "Minister "); TO: CITY OF SAINT JOHN a municipal corporation duly incorporated, under and by virtue of the laws of the Province of New Brunswick (hereinafter called the "Applicant ") WHEREAS the Minister, under and by virtue of the Highway Act, Chapter H -5 R.S.N.B. ( "Highway Act "), has the administration and control of highways, as defined therein, in the Province of New Brunswick ( "Highways "); AND WHEREAS the Applicant submitted an application on February 12, 2008 to the MINISTER to construct and operate a skate park beneath the Mill Street Viaduct in the City of Saint John ( "skate park "); AND WHEREAS the Applicant has requested that the Minister consent to the skate park being constructed and operated within the Highways pursuant to an application and plan submitted, and the Minister has agreed to review this application and plan pursuant to Section 44.1 of the Highway Act for permission to enter upon, use, cross, construct and operate a skate park in, under and over those portions of the Highways more particularly described in Schedule "A" hereto attached and forming a part hereof ( "Approved Highways ") for the purpose of constructing and operating the skate park; 4 AND WHEREAS the Minister has, in his discretion, agreed to issue a highway usage permit pursuant to Section 44.1 of the Highway Act containing terms and conditions as more particularly described herein ( "HUP "); THEREFORE in consideration of the payment of the sum of ten dollars ($10.00) by each party to the other, the receipt and sufficiency of which is acknowledged by each to the other, and in consideration of the covenants, terms and conditions hereinafter contained, the Minister and the Applicant covenant and agree as follows: 1. GENERAL 1.01 The Minister, pursuant to Section 44.1 of the Highway Act, hereby authorizes the Applicant, subject to the terms and conditions herein contained, to enter upon, use and cross the Approved Highways for the purpose of constructing the skate park ( "Construction ") for the periods of time more particularly hereinafter described. 1.02 The Applicant shall pay to the Minister upon execution and for each fiscal year thereafter, due and payable on the thirty -first day of December in each fiscal year: (i) twenty -rive cents per square meter ($.25/m2) for each square meter of highway right -of -way occupied by the parking lot as described in Schedule "A" for a total of one hundred fifty -seven dollars and fifty cents ($157.50) plus HST. 2. CONSTRUCTION 2.01 The Applicant, its contractors, servants, agents, employees and workmen, may, from time to time during the term hereof and at its own expense, perform Construction on the Approved Highways. The Applicant shall carry out the Construction in accordance with and meeting the prescribed standards by all applicable federal and provincial statutes, as amended from time to time, and municipal by -laws and all regulations, orders, directives, permits and licences in respect thereof which apply to or otherwise affect the Construction or which apply to or otherwise affect the Applicant and its business assets, insofar as the same relates to the Construction, including, but not limited to, this HUP, the Highway Act and all environmental and occupational health and safety laws. 2.02 The Applicant shall submit all plans and specifications detailing location, timing and duration of Construction to the Minister for his approval prior to the commencement of any Construction on the Approved Highways. The Applicant shall not undertake or commence any Construction prior to receiving written approval from the Minister of the plans and specifications. The approval of the plans and specifications for any Construction to be carried out on the Approved Highways does not in any way affect or alter the Applicant's responsibility for the design and construction of the skate park and the Minister hereby specifically denies any such responsibility. 199 2.03 The Applicant agrees to complete and deliver to the Minister for approval, which approval will not be unreasonably withheld, a final "as built" plan of the skate park at locations where it is on the Approved Highways, within one (1) month of the completion of the installation of the skate park. 2.04 The Applicant shall carry out the Construction in such a manner as to comply with the Occupational Health and Safety Act, Chapter 0 -0.2, R.S.N.B. 1973, including any regulations or orders made thereunder. 2.05 The Applicant shall during the period of Construction: (i) take every reasonable precaution to ensure the health and safety of its employees and the health and safety of any other person having access to the place of employment where any of the Construction is taking place; and (ii) ensure that its employees comply with the Occupational Health and Saft� Act, the regulations and any order made in accordance with the Act or the regulations. 2.06 The Applicant shall, upon the request of the Minister, provide to the Minister, within seven (7) days of such request, a letter outlining the steps taken by the Applicant to comply with the provisions of Paragraph 2.04 and Paragraph 2.05 hereof. 2.07 No material or equipment shall be deposited or stored on the Approved Highways without the prior written approval of the District Engineer of the Minister ( "the District Engineer "). 2.08 All brush and debris is to be disposed off the Approved Highways. 2.09 The method of installation and construction of the skate park shall be as per Schedule "A" and Schedule "B ". If conditions do not permit the method of installation as described in Schedule "A" and Schedule "B" at a particular location, the Applicant may, with the prior written approval of the District Engineer, which approval shall not be unreasonably withheld, use an alternate method of installation. 2.10 No Construction is to take place during darkness or reduced visibility, except with the prior approval of the District Engineer. 2.11 The Applicant shall give the District Engineer not less than two (2) weeks written notice before commencing the Construction, excluding normal maintenance activities. 2.12 The Applicant shall ensure that it, its contractor, workmen or agents abide by and will be bound by the terms and conditions of this HUP. 200 0 4 3. PUBLIC NOTICE 3.01 No Construction excluding aerial patrol and normal maintenance activities shall be commenced or carried out prior to the Applicant giving timely and sufficient notice to the travelling public using the Approved Highways, warning of the Construction and of the disruption to traffic that may result therefrom. 4. STANDARD OF CONSTRUCTION 4.01 All Construction shall be performed by the Applicant in a good and workmanlike manner at its own expense. If, in the Minister's opinion, Construction is not being carried out in a good and workmanlike manner according to Clause 2.01.1 of this HUP, the following procedure shall apply: (i) The Minister will advise the Applicant of the basis for his opinion and the Applicant will rectify any deficiencies in the Construction to the reasonable satisfaction of the Minister; (ii) If the Applicant does not rectify the deficiencies to the reasonable satisfaction of the Minister, the dispute shall be referred to an independent third party (the "Independent "), selected in advance by mutual agreement of the parties, who shall assess the reasonableness of the Minister's opinion. If the Independent determines that the Minister's opinion that the work is not being carried on in a good and workmanlike manner is reasonable, the Applicant agrees to rectify and repair any deficiencies in the work to the reasonable satisfaction of the Minister and to pay the costs of the preparation of the Independent's assessment. If the Independent determines that the Minister's opinion is not reasonable, the Minister shall be responsible for the cost of the preparation of the Independent's assessment. It is understood and agreed between the parties that any request by the Minister for the Applicant to rectify deficiencies in the Construction or the invocation of the authority granted by this section shall not give rise to any claim by the Applicant against the Minister, regardless of the reasonableness of the Minister's opinion, and any such claim is hereby specifically barred. It is further understood and agreed between the parties that failure of the Minister to give instructions in regards to the Construction does not relieve the Applicant of any responsibilities and liabilities under this HUP or otherwise. (iii) Notwithstanding the above, where the Minister, acting reasonably, is of the opinion that the Construction poses a hazard to the safety of any person using the Highways, the Minister may request that the Applicant take such action, as is necessary, in the opinion of the Minister, to alleviate the hazard. Upon receiving such a request, the Applicant agrees to take the requested action at the cost of the Applicant. If the Applicant fails to take such action, the Minister may take such action as is necessary to alleviate the hazard. If the Minister is required to take action under this clause, the Applicant shall, upon demand, reimburse the Minister for all 201 . i � r or 5.04 The Applicant shall provide to the Minister, at the time of the execution of this C red ff HUP, a c in the amount of one hundred thousand dollars ($100,000.00) for the purpose of this section to be held by the Minister, on a wit interest basis. The Minister may use portions, or all of the c t `for the purposes of ensuring that the Applicant meets its obligations herein contained. At the end of three (3) years from the date of commencement of Construction, the Minister shall return to the Applicant that portion of the se .4— A epesit that remains unused, without interest thereon. 1 c're ' 6. RELOCATION OF APPROVED HIGHWAYS 6.01 Notwithstanding any other provisions of this HUP, if the Minister relocates, either permanently or temporarily, repairs, or redesigns the Approved Highways, he may request the Applicant to alter, remove or relocate, either permanently or temporarily, the skate park at the Applicant's expense, within sixty (60) days after being requested in writing by the Minister. The Applicant shall alter, remove or relocate, either permanently or temporarily, the skate park within sixty (60) days after being requested to do so by the Minister, provided, however that the Minister shall, if possible, grant to the Applicant a new HUP containing similar terms and conditions as herein set out allowing the Applicant to construct the skate park on an alternate or replacement site, if any. Nothing herein contained obligates the Minister to pay any costs of the Applicant or to provide the Applicant with an alternate means or replacement skate park. 7. LIABILITY AND INDEMNITY 7.01 The Minister shall not be responsible for any damage to the skate park from any cause whatever other than damage resulting from the gross negligence or wilful misconduct of the Minister, his officers and employees. 7.02 The Applicant shall indemnify and save harmless the Minister from and against all liabilities, damages, claims, suits and actions whatsoever resulting in any way from the Construction or the operations of the Applicant or of its employees, agents, contractors or subcontractors of the Applicant other than liabilities, damages, claims, suits and actions resulting from the gross negligence or wilful misconduct of the Minister, his officers and employees. 7.03 The Applicant shall promptly pay compensation to the Minister for all damages suffered by the Minister as a result of the Construction or the operation of the skate park on the Approved Highways. 7.04 The Applicant agrees that if any contamination should be encountered, on, in, under or around the property owned by the Minister that: (i) all work will cease immediately in that area; and 202 .; 7 (ii) the Minister will be immediately advised of the said contamination in order for the Minister to assess the situation. 7.05 If the Applicant fails to abide by Section 7.04 and contamination is later determined to have been present, the Minister shall not be responsible for the resulting deterioration or damage. 8. INSURANCE 8.01 The Applicant, at its own expense, shall purchase and maintain in full force during the term of the HUP, and any extensions or renewals thereof, general liability, pollution, and automobile insurance in form and content acceptable to the Minister, acting reasonably, to protect the Applicant, their contractors and subcontractors, as well as the Minister, his respective successors and assigns, and his respective directors, officers, employees, agents and servants. Notwithstanding the foregoing, such general liability and pollution insurance shall not provide protection for the Minister, his successors and assigns, and his respective directors, officers, employees, agents and servants in relation to the negligence or misconduct of the Minister, his successors and assigns, and his respective directors, officers, employees, agents and servants. 8.02 Such insurance shall provide coverage for property damage to the Approved Highways, including loss of use thereof, and shall protect the Minister, his successors and assigns, and his respective directors, officers, employees, agents and servants from all claims arising out of liability for property damage, bodily injury (including death and personal injury) arising out of the existence, construction, use, operation, maintenance and rehabilitation of the skate park and use and occupancy of the HUP, but excluding any claims to the extent that they arise out of the negligence or misconduct of the Minister, his successors and assigns, and his respective directors, officers, employees, agents and servants. 8.03 This liability insurance shall provide for, but shall not be limited to: (i) a five million dollar ($5,000,000.00) limit of liability per occurrence; (ii) Sudden and Accidental Pollution coverage for all insured perils; (iii) broad form occurrence property damage; (iv) cross liability and separation of interest with respect to each named and additional insured; (v) the Minister, on behalf of himself and his respective successors and assigns, and his respective directors, officers, employees, agents and servants, shall be included as an additional insured with respect to liabilities arising out of the skate park. Notwithstanding any breach of any of the terms or conditions of the policy, or any negligence or wilful act or omission or false representation (individually or collectively, a "Breach ") by any insured, additional insured, or any other person, such Breach shall not invalidate or otherwise limit the Applicant's liability, indemnity and insurance obligations under this HUP. 203 . i 8.04 All policies shall be insured by financially sound insurers licensed to carry on business in Canada. Insurers shall not cancel, lapse or materially change the policy without sixty (60) days prior written notice to the Minister. 8.05 If closely held insurance facilities (e.g. captive, reciprocal or any other form of alternate risk financing) are used instead of conventional insurance the Applicant shall provide ninety (90) days prior written notice to the Minister of the program structure and participants with sufficient information to determine what, if any, supplementary insurance requirements may be needed (e.g. "cut- through" endorsement to captive reinsurers) to ensure continued, adequate protection for the Minister. 8.06 Certificates of insurance for all insurance policies maintained in compliance with this provision, or other documentation in form and content acceptable to the Minister, shall be delivered to the Minister prior to any construction work on the skate park that may affect the Approved Highways and prior to commencement of the operation of the skate park. Certificates of insurance, or other documentation in form and content acceptable to the Minister, acting reasonably, evidencing any renewal of or replacement insurances, shall be delivered to the Minister not later than fifteen (15) days prior to the expiration of existing policies. All such certificates of insurance required hereunder shall be deemed to comply with the requirements of Subparagraph 8.03 (v) hereof by identifying the additional insured as follows: HER MAJESTY THE QUEEN in right of the Province of New Brunswick, as represented by the Minister of Transportation PO Box 6000 Fredericton, NB E313 5H1 Facsimile: (506) 453 -2900 8.07 The insurance requirements set out in this HUP shall not in any way limit the Applicant's liability arising out of the HUP or otherwise. 9. TERMINATION 9.01 This HUP shall terminate: (a) on the 31st day of December 2013 or (b) at the option of the Minister upon written notice to the Applicant: (i) if the skate park is used for any purpose other than a skate park; (ii) in the event the Applicant shall not have commenced operations on the Approved Highways for the construction of the skate park within two (2) years from the date hereof, the permission hereby granted shall thereupon immediately terminate without further act or notice; 204 t `J (iii) if the Applicant defaults in observing or performing the obligations herein and it fails to remedy or to diligently take steps with a view of remedying such default within a reasonable period of time after the same has been brought to the attention of the Applicant by the Minister by way of written notice thereof, the Minister may at his sole discretion and without recourse by the Applicant terminate the HUP; but the obligations of the Applicant under this HUP shall survive such cessation and determination of such permission. If this HUP is terminated pursuant to Subparagraph 9.01(b), the rights hereby granted shall thereupon immediately terminate without further act or notice, and all rights of the Applicant shall thereupon cease and expire, and the Applicant agrees to execute and file such documents as may be necessary to confirm or to give public notice of such termination. 9.02 At the expiry of the term under Clause 9.01(a) this HUP shall be renewed for successive periods of five (5) years, each such renewal to be on substantially the same terms and conditions as set out in this HUP, excepting the payment of fees which may be established or provided for by legislation or regulation, until the skate park is abandoned as set out in Clause 9.04 or until it is terminated in accordance with Clause 9.01(b). 9.03 The Minister shall not be liable to pay any amount for costs or damages incurred by the Applicant as a result of the termination of this HUP for any reason. 9.04 In the event the Applicant elects to abandon the operation of the skate park in whole or in part, the Applicant shall provide notice in writing to the Minister of its intention to abandon and the notice of such abandonment shall effectively terminate this HUP, provided that the Applicant shall thereafter have the obligation hereunder, to forthwith undertake and complete all those demolition, removal, remedying and rehabilitation undertakings or conditions necessary to comply with the conditions of this HUP. 9.05 As a condition of abandonment, the surface and the right -of -way of the Approved Highways concerned shall be restored, so far as practicable, to the same condition as it was prior to the entry and use of the Applicant. Any such work done by the Applicant pursuant to or recognized by this provision is to be carried out completely at the expense of the Applicant. 9.06 Where the Minister has obligated the Applicant as a condition of approving the abandonment, to maintain, remedy or take other measures with respect to the skate park, the Applicant shall have full right and permission at any time where necessary thereafter, notwithstanding the termination of this HUP, to enter upon the said Approved Highways with people, machinery and material, for the purpose of carrying out such obligations; but always restoring or repairing however, any damage to the Approved Highways thereby occasioned, and where required, paying compensation for damages to the Minister arising from such entry. Any such work done by the Applicant pursuant to, or as contemplated by, this provision is to be carried out completely at the expense of the Applicant. 205 10 9.07 Except for those matters contained in Paragraph 9.01(b), if the Applicant defaults in observing or performing any of the terms and conditions herein set forth to be observed and performed by it and it fails to remedy or to diligently take steps with a view of remedying such default after the same has been brought to the attention of the Applicant by the Minister by way of written notice thereof the Applicant agrees to pay, as liquidated damages to the Minister for each such default or breach, the amount of ten thousand dollars ($10,000.00). 10. NATURE OF HUP 10.01 The Applicant's right to occupy the Approved Highways for the purpose of the skate park pursuant to this HUP is as a mere licencee. This HUP does not grant or convey to the Applicant any title to the Approved Highways. 10.02 It is understood and agreed that any plans, including the plans specified in Section 2.02 and Section 2.03 are to be prepared by the Applicant for purposes of the Construction or for identifying property or the status of title of property, that the Minister does not, in any way, represent or warrant to the Applicant that its Approved Highways are located as shown on the said plans or that the Minister owns or controls all or any portion of the right -of -way shown. The location of the Approved Highways is determined by the Applicant at its sole risk and the skate park is placed thereon solely at the risk of the Applicant. If the Applicant wishes to confirm or determine the title or ownership of the Approved Highways, it shall examine such title and ownership at its own expense and the Minister shall not be required to produce any abstract of title, title deeds, or copies thereof or any evidence of title other than those in possession of the Minister. 10.03 This HUP is non - exclusive. The Minister hereby reserves the right to grant permission to other persons to use the Approved Highways for whatever purpose the Minister deems necessary provided, always, that the Minister shall not permit any other person to use the Approved Highways for any such purpose if such use or any construction of other work in connection therewith would in any way damage the skate park or interfere with the Applicant's use thereof. 10.04 This HUP, and any right conveyed herein by the Minister to the Applicant, is subject to any other agreement, permission or right previously entered into or granted by the Minister to any other persons or corporations to use the Approved Highways. The Applicant hereby agrees not to damage or in any way interfere with any other person's or corporation's use and enjoyment of the Approved Highways. The Applicant further agrees to reimburse any person or corporation for the costs of any damages to their plant or equipment located on the Approved Highways arising from or caused by the negligence of the Applicant in the carrying out of the Construction. 10.05 While the provisions of this HUP are intended to be fully binding and effective between the parties, in the event that any particular provision or provisions hereof or a portion of any said provision is found to be void, violable or unenforceable for any reason 206 ii whatsoever, then the same shall be deemed to be severed from the remainder of this HUP, and all other provisions shall remain in full force and effect. 10.06 This HUP in no way affects or binds any other Minister, department, agency or crown corporation of the Province of New Brunswick. 10.07 The Applicant grants leave to the Minister to operate vehicles or mobile equipment across the skate park, at those locations described in Schedule "A ", for the purposes of inspection and maintenance. 11. NOTICE 11.01 Any notice, direction or other instrument required or permitted to be given to the Minister hereunder shall be in writing and may be given by registered post, postage prepaid, or by delivering the same addressed to the Minister as follows: Minister of Transportation PO Box 6000 Fredericton NB E3B 5H1 Facsimile (506) 453 -2900 or to such other address as the Minister may from time to time designate in writing to the Applicant. Any notice, direction or other instrument required or permitted to be given to the Applicant hereunder shall be in writing and may be given by registered post, postage prepaid, or by delivering the same addressed to the Applicant as follows: City of Saint John 15 Market Square PO Box 1971 Saint John, NB E2L 4L1 Facsimile (506) 658 -4740 or to such other address as the Applicant may from time to time designate in writing to the Minister. 11.02 Any notice, direction or other instrument aforesaid, if delivered, shall be deemed to have been given or made on the date on which it was delivered or, if mailed, shall be deemed to have been given or made on the third business day following on which it was mailed. 207 12 12. NEW BRUNSWICK LAWS OR REGULATIONS 12.01 This HUP will be interpreted according to the laws and regulations of the Province of New Brunswick. In the event this HUP or any portion of this HUP is or appears to be in conflict with any provision of the Laws or Regulations of the Province of New Brunswick, then the provisions of the Laws or Regulations of the Province of New Brunswick shall prevail and this HUP or the portion of the HUP in conflict shall be void and of no force or effect, but any portion of this HUP not in conflict shall continue in full force and effect. 12.02 The Highway Act and regulations made thereunder, as each may be amended from time to time, and any act or regulations made in substitution thereof apply to the HUP and the Applicant agrees to be bound thereby. 13. SINGULAR - PLURAL 13.01 Whenever herein the context permits, words denoting the singular shall include the plural, the masculine shall include the feminine, and a person shall include a corporation and vice versa. 14. BINDING EFFECT 14.01 This HUP, and everything herein contained, shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns provided, however, that the inclusion herein of the word assigns shall not be construed as permitting any assignment by the Applicant not authorized by this HUP. 15. ASSIGNMENT 15.01 This HUP, and the permission granted hereby, shall not be assigned by the Applicant without the prior written consent of the Minister and such consent shall not be unreasonably withheld or delayed. 16. NON - WAIVER 16.01 The failure by the Minister to exercise any right or to require or insist that action be taken according to the terms of this HUP in no way waives the right of the Minister to require or insist that an action be taken according to the terms of this HUP. 17. AMENDMENTS 17.01 If at any time during the continuance of this HUP the parties deem it necessary or expedient to make any alteration or additions to this HUP, they may do so by means of a M: 13 written understanding between them which shall be supplemental to and form part of this HUP 18. TIME 18.01 Time is of the essence of this HUP. 19. DISCONTINUANCE 19.01 In the event that the Minister intends to discontinue any of the Approved Highways, the Minister shall provide reasonable notice to the Applicant of such intention; provided that the Applicant shall be responsible in accordance with the provisions of Section 6 as a result of such discontinuance. IN WITNESS WHEREOF the parties hereto have duly executed this Highway Usage Permit at the City of Fredericton, in the County of York and Province of New Brunswick, on the date shown above. SIGNED, SEALED and DELIVERED in the presence of- Witness Witness HER MAJESTY THE QUEEN in Right of the Province of New Brunswick as represented by the Minister of Transportation M G Trites, P. Eng. Assistant Deputy Minister /Chief Engineer on behalf of the Minster of Transportation CITY OF SAINT JOHN Per: Title: 209 DOT (08050617) Schedule "A" Transportation District 4 County of Saint John Method of Installation Skate Park (as described in Schedule "B ") Concrete Curbs, Trench Drains, Catch Basins, Mud Slabs, Steps, Ledges, Granit Caps, Ramps, Wedges, Rails, Boxes, Fences and other installations associated with a Skate Park See Plan: Saint John Skate Plaza, Project No. SK2007 -08, Drawing No. SK -1 to SK -11 and SK -D -1 to SK -D -7 210 I, Province of 15 AFFIDAVIT of in the County of . MAKE OATH AND SAY: IN 1. THAT I am of , a duly incorporated company under and by virtue of the laws of the Province of having its head office therein at in the County of and Province of 2. THAT the signature " indenture is the deponent. signature it set and subscribed to the said of the and is in the true and proper handwriting of me, this 3. THAT the is an authorized signing officer to execute documents in the name and on behalf of the Company. 4. THAT the said Indenture was executed by the said Company, to and for the uses and purposes therein expressed and contained. SWORN TO AT in the County of. and Province of this day of. BEFORE ME, FA 211 16 SCHEDULE "B" NVld IMUN03 2! ID 0 ji U) IN I Y ....... ...... ..... ....... .. ........ u5 cr Z m LLJ ui w z Lu ....... ........... . -.M:: ............ . ......... % ................ ....... . .......... ", . .... .. . ....... X Li! z . . . . . . . . . . . . . U . . . . . . . . . . . . . ................ ............. .... . ... . .. . ........ ...... . . 9D . ....... cc) U) 0 1. z -- ---- --- ---- ---- - — — - — - ---- ---- --- --- ---- — -- - W Lli er El............ .......... ........... ..... . ................. .......... ... 212 17 SCHEDULE c"B" NVId H011110WID GNV SNOIII0NO3 BNIISIXJ 00 >'s . ....................... ... .. ..... ----------- Ip g ... ... ... ... ... ... ... .... 213 18 SCHEDULE "B" 214 m4"'2 !E5 19 SCHEDULE 44B)) Ifloul NOIHGNROJ D 60-LOOZNS ti -�$ ----------- 1- 11 !goo ... . .. . .... - . ... ... 215 20 SCHEDULE 46B59 NVId SHOISMIG GNV IROAVI ............... N4, . ........... J 216 m 21 SCHEDULE "B" --------------------------------- ------- NVId IROAVI IIVNIOHO [� 90 LOOLNS W 9 = AS i m. ... .... ... s a r Rig ay m in -a g . ... ... .... . 217 22 SCHEDULE "B" Nvid ]UNIVU0 ONV offlavus Alt; N .. . ... .. co . ... 218 23 SCHEDULE "B" Old 30VNIVHU ....................... . . .......... HM io b U) . ... ....... ikl . ... ..... . ........... .. ....... .. I ............. ...................... ..................... ... .......................................................... ............ �44 fgmq,�, �,J LU . . ........ 11,7 . ............ ... ......... . ...... ..................... ............ . . . . . . k Alt e,%y A. . ... ...... . . ............ . ...... list . '4111M 219 24 SCHEDULE"B" NVld SIVIUIIVW F6-- AS „,,, -I o o.. . ........ . pa t li 41 . . ..... ... E jj ................................ w E- US U 220 25 SCHEDULE "B" --- ---------- NVId 11114101 0 [o�Q pal Gd iii .. ... ... ... fl 'RE N 0. 2 ... ... ... ... . ......... O Put R A� YX 221 Cl CD 26 SCHEDULE 44B55 Emil: Zm LLJ iz ux 27 SCHEDULE "B" IONIHIIIH IWO -7---] 0 Afl 28 SCHEDULE "B" -ci.- Ki 29 SCHEDULE "B" Z slivilo 9' i . ... .. Z. Jig, HW ......... .. ........ . .. ...... . .... 4) ......... . ... ....... ..... .. .. ..... ... . . ......... ix ; t ...................... ti ............. .. ............ . ............ Al ji Z.. J11 I Ig IM, I p 225 30 SCHEDULE "B" - -------- - - - -1 IONIODIS N011008ISNO3 30031 —52 co co . ... ... ... ... ... . .... ... .... ... ii ...................... E E At II s 1 c 1- 0 ............ E .......... EE g E S ............. .... r E A= . ......... I i Ti ........... ............. co ....... . ... . ............. .. .. ............ ...... fli S ................. . ........... 9 ...... ...... ........... PL fi Pg 226 I , 31 SCHEDULE "B" IONIODIS N011308ISN03 MNVO ONV IN -RRN! N 3 ..... .. .... 0 0 Rill- J. i. ..... . .... G4 k i NJ 24 8 n, INP Hai 227 419, a 32 SCHEDULE "B" IONIO DIS N011308ISNOO IINVd NOIIISNUNI O-LOOZMS IN! I I I I k" I .... ..... .. ..... . .................... P Ll ypy ... . ..... .. - ............. ............ AvIll CQ I'X Ih ............. Al Iu y x........... --- (021 - ........... I F 228 •k C+� 33 SCHEDULE "B" 34 Schedule "C" Further to the requirements of Section 2 of this Highway Usage Permit, the Applicant shall ensure that the following requirements are met: 1. The City of Saint John shall ensure unrestricted access to the Mill Street Viaduct by New Brunswick Department of Transportation personnel and/or vehicles for inspection and maintenance purposes. Should any gate or barrier be installed that inhibits access to the Mill Street Viaduct as a result of the construction or presence of the skate park and which requires a key for access or removal, then the City of Saint John shall provide a copy of said key to the District Engineer to be retained at the local District offices. 2. Should any part of the skate park infrastructure require removal for inspection or maintenance purposes, the City of Saint John shall remove that part of the infrastructure, which inhibits the inspection or maintenance within one (1) week written notice to the District Engineer. 3. The City of Saint John shall assume all liability for the construction, operation and occupancy of the skate park. 4. The City of Saint John shall assume all costs associated with the construction, operation and occupancy of the skate park. 5. The City of Saint John shall repair or reimburse the Minister for any damage /vandalism to the Mill Street Viaduct or New Brunswick Department of Transportation equipment resulting from the construction, operation and occupancy of the skate park. 6. The City of Saint John shall ensure that no fixtures, such as lights, rails, fences or similar items, are attached to any part of the bridge structure. 7. The City of Saint John shall ensure that a construction schedule for the skate park is submitted to the New Brunswick Department of Transportation District Offices in Saint John at least two (2) weeks prior to the commencement of construction. 8. The City of Saint John shall be required to ensure an inspector remains on site during any construction involving heavy equipment, excavation, construction adjacent to bridge piers or footings or similar activities, said inspector to be supplied by the New Brunswick Department of Transportation District Office in Saint John. The City of Saint John agrees to incur all costs associated with the presence of the inspector. The City of Saint John will be invoices by the New Brunswick Department of Transportation for these costs. 230 Saint John Skate Park Budget Contributors Amount Totals Government City of Saint John 265,000.00 Province of New Brunswick 180,000.00 Town of Quispamsis 5,000.00 450,000.00 Donations Aliant 25,000.00 Moosehead 10,000.00 Commercial Properties 15,000.00 Uptown Saint John 5,000.00 RBC 2,500.00 Aliant Pioneers 1,000.00 United Commercial Travellers Assoc 5,000.00 Strescon (in -kind) 10,000.00 73,500.00 Greater Saint John Community Grants Foundation 10,000.00 10,000.00 Fundraising Local 18 - BBQ at X -Fest 500.00 Proceeds from Art Auction 2,870.00 Cash from donations at X -Fest 946.00 4,316.00 Total Donations 537,816.00 Estimated Cost (not including HST) 607,120.00 Variance (not including HST) - 69,304.00 Cost of reconstruction of Parking Lot Exit and Landscaping - 30,000.00 Shortfall - 99,304.00 As of July 2, 2008 231 re M & C — 2008 July 7, 2008 His Worship Mayor Ivan Court And Members of Common Council,': SUBJECT: Proposed Skate ParklFinal Authorizations BACKGROUND: At the meeting of Common Council on June 23, 2008, staff was asked to bring back a recommendation that would allow the proposed skate park to proceed at the earliest possible date. This report is an update on the project and what remains to be done to allow for a summer start-up of the project. ANALYSIS: The two remaining issues are (1) � requirement for Council to authorizing the Mayor and Common Clerk to sign the necess�ry documents and (2) additional funding to ensure the project is completed as designed. Below is an outline of the various permissions required for this project to proceed. INPUT FROM OTHERS: Community Planning & DevelopmT Department Real Estate Interests 1� he City of Sault john There are five (5) various interest olders involved in this proposed project which the City must secure some degree of approval in order to build, operate and maintain the Saint John Skate Park. In no particular order he interest holders are; The Harbour Bridge Authority, CN Railways, The Province of N w Brunswick (DOT), City of Saint John (former Mill St.), City of Saint John (Harbour tation) and Maritimes and Northeast Pipeline. The City of Saint John ideally requires leas us or at a minimum licenses to operate and maintain the Park. In the interim early access agreements would enable the City to secure the right to access the lands for the purpose of constructing the project. During the construction phase 99YA leases or licenses may be negotiate to formalize the use of the lands. The development of the Harbour Bridge and Harbour P ssage used this mechanism to move the project forward on a timelier basis. Staff has had various discussions securing the necessary rights to er addition subsequent licenses or lei and operation of the Skate Park. T interest holders which must be ac and has identified solutions which vith the affected parties regarding the City's interest in -r upon the lands at a minimum to begin construction. In e agreements are necessary for the ongoing maintenance ere have been a series of concerns cited by several of the tressed. Staff has worked through the various concerns emedy these items specifically. As is typical, each interest holder has unique decision making processes and capacities, each might have varying concernsl or sensitivities. The following section will address the individual grantor's concerns, if lany, their decision making process and their current commitment or granting they are p�epared to offer. The General Manager of the HBA as secured his Board's approval to grant early access to the City for the purpose of co encing construction with the indication it would be prepared to enter into a Lease or icense, subject to HBA Board approval. The City has been asked to prepare such a document for consideration at a future meeting. The parcel in question is a 91 sq. m. parcel fronting on Station Street. The "Early Access Agreement" is attached for Council's consideration complete with a plan showing the parcel. Canadian National Railway(CNR) CNR has indicated it is prepared �o grant the City of Saint John early access to a 520 sq. meter portion of PID 426202. The lSaint John Parking Commission (SJPC) currently leases the land from CN for the purpose df parking. The Skate Park requirement does not encroach on the SJPC parking stalls. CNR ii currently in the process of transferring this parcel to the SJPC, as such, it makes sense to +ure the lease to operate and maintain the park from the SJPC once they have title to the 1 nds. The General Manager of the SJPC has indicated he is supportive of the project and 411 seek his Board's approval to grant a lease or license once the parcel is transferred. The early access agreement is not attached as the R/E Manager for CNR is securing the appropriate operational sign offs prior to releasing the document to the City of Saint John. Maritimes and Northeast Pipeline(�d &NE) M &NE has informed the City it is upportive of the project as designed and proposed. Their' only request is that the City provides a letter for their file, acknowledging the existence of the M &NE easement and the entitlements which follow that easement. Province of New Brunswick (DOTE) DOT has shown its support for the Skate Park and accordingly forwarded their document used for granting approval to build, operate and maintain same; a Highway Usage Permit'. (HUP). The HUP as attached addresses a multitude of issues which Council must consider. 99V The HUP offers a term of 5 years $157.50 in the first term and coi largest item of consideration is the credit to the Province as security infrastructure. The City has entere municipal project impacting DOT i Harbour Station Commission (HS) ith 5 year renewals available, calls for an annual fee of L prises an area of approximately 600 sq. metres. The requirement of the City to extend a $100,000 letter of ;ainst any damage caused by the construction to DOT into similar HUP agreements in recent years in other The Skate Park as designed would encroach on approximately 740 sq. metres of lands occupied by Harbour Station and t e Canadian Amateur Hockey building, PID 40048. The General Manager of Harbour Station has worked closely with City staff in order to identify areas of concern and possible reme fies. Items which warranted discussion are as follows: 1) Appropriate fencing and landscaping separating the Skate Park from HS parking. 2) A requirement for a new exit onto Station St. from the HS parking lot in lieu of the lost exit from the existing lot at the corner of Station Street and Smythe Street. 3) Liability concerns emanating form skate boarding activities. The City has confirmed it will e sure mutually acceptable, functional and aesthetically pleasing fencing subject to Counc'1 support. Additional landscaping on the HS side of the fence may be required to ensure visual relief and buffering from the park. An alternate exit from the HS parking lot has been designed by Terrain complete with an estimated budget of $15,000. City engineering staff has verified the exit meets municipal standards as designed. This exit ensures egress from the parking lot is functional during peak usage times. A right hand only exit will be signed to ensure proper traffic flow. The liability concerns emanate from the fact that Harbour Station occupies City owned land, PID 40048. The HS Commission is concerned any incident which may commence a legal proceeding against the City would result in Harbour Station being named in the suit. The simple solution may be to subdivide that portion of the lands which the Skate Park encroaches upon from the Harbourl Station land. A letter from City staff acknowledging the HS concerns along with specific remedies and timeframes for each would be rea onable in this instance. An agreement granting the City rights in City owned lands is not appropriate. City of Saint John The City owns the lands under the Mill St. viaduct, formerly a public right of way. The L DOT pillars rest upon this City land with the consent of the City. This DOT infrastructure is recognized in the HUP agreement It should be clear the City holds the fee simple to this portion of the lands which abut t e City owned parcel occupied by Harbour Station, PID 40048. As discussed, the required agreements are attached for Council's consideration save and except the CNR document. Tl e recommendation contained in this report will seek 991,11 Council's approval to enter into signing authorities to execute sam FINANCIAL: The call for proposals in 2007 ask $500,000 price tag. The winning 1 NLS held a community meeting i people. From this meeting's inpu wishes of the community. Howev input was $607,000 (excluding H stay within the $500,000 budget. T that were considered important to this to the increasing cost of materi As well, funds for recon included in these costs nor $30,000. Staff is recommending that the Ci completed and fulfills the wishes c 2008 Leisure Services Capital Pro indicating the contributions to this RECOMMENDATION: It is recommended that: 2 agreements as well as authorize the appropriate ;d for a lump sum design build for a skate park with a id was New Line Skateparks (NLS) from Langley, BC. i September of 2007 which was attended by over 100 a design was developed taking into consideration the r, the price tag for the project based on the community T). Newline was instructed to redesign the project to its was done but the redesign left out a number of items he skateboarding community. The consultant attributed of the parking lot exit at Harbour Station were not d landscaping. This is estimated at a combined total of y contribute a further $100,000 to ensure the project is the users. This funding can be absorbed in the existing Tam. Attached for Council's information is the budget roiect from various sources. Council authorize the May r and Common Clerk to sign all necessary documents to obtain the various permissions required to build a skate park under the Main Street Overpass, notwithstanding that the City is the owner of the lands beneath the Viaduct which are referenc d in the HUP agreement; and that An amount of $100,000 be allocated from the Leisure Services 2008 budget to be used on the construction of he skate park. Respectfully submitted, Bernie Terrence L. Totten, C.A. City Manager 99101 4 , 4. d i F Z H El LU 1 y t 16 C IL F Z H El f LU bft R � n4L Y N 1191. 1 f LU bft R � n4L Y N 1191. low -n. Ono Joe SIM dPW amok dom go* No ONO woo a" too IdW t7 ir 0 r Eoo al UA VMN ul UA ce. fA URBAN CORE SUPPORT NETWORK 116 Coburg Street Saint John, N. B. E2L 3K1 (506) 642 -9033 Fax: (506) 632 -5539 Email: murbre @reg2. health. nb.ca June 16, 2008 Mayor Ivan Court City of Saint John Members of Common Council City of Saint John P.O. Box 1971 Saint John, N. B. E2L 41_1 Dear Mayor Court and members of Common Council, On behalf of the Urban Core Support Network (UCSN), we would like to congratulate each of you on your recent election to Common Council. We would also like to introduce you to our organization and in particular to offer to you the opportunity to participate in a workshop designed to raise and /or increase awareness of the realities of living in poverty in Saint John. The Urban Core Support Network is a coalition of individuals and organizations that has been working to reduce poverty in our community for the past fourteen years. We are a diverse network representing individuals living in poverty, non - profit organizations, government, faith communities and the business community. Our focus has been to increase public awareness about the impact of poverty and to develop actions that will remove barriers faced by many in our community. This past year, we have been involved in two specific projects; Dodging Diabetes, a project designed to explore the link between poverty and health for people living low fixed incomes and to develop resident led solutions to help address the extraordinary challenges to disease prevention and management in vulnerable neighbourhoods. POWER UP! is a neighbourhood based leadership training program developed to assist low income women from the five priority neighbourhoods to enhance or learn new skills that will help them to take a decisive next step in their lives. The first ten week POWER UP program has just finished and we plan to offer five more sessions over the next two years. We know that you each are keenly aware of the high levels of poverty in Saint John and the focus on five priority neighbourhoods, led in part by Vibrant Communities, over the past three years. We also appreciate that you are well informed and indeed, understand that poverty is a complex issue which affects both the social and economic development our community. We have been encouraged with the direction of the City to collaborate with other stakeholders to address the level of poverty in Saint John. NINA While those of us who have worked in these neighbourhoods have a good picture of the realities faced by many living in poverty, we often don't have the time to 'put ourselves in their shoes' even for a short period, to experience the challenges of living far below the 'poverty line'. We would like to provide you with the opportunity to do just that. Our poverty workshop is an hour in length and would work with your schedules to find a time that is convenient for all of council. Saint John is poised for many exciting opportunities and we know that you want to be sure all residents benefit from the predicted growth and prosperity. We look forward to your response and to working with you over the next four years. Sincerely yours, Brenda Murphy Coordinator ME, 10