2011-08-15_Supplemental Agenda Packet--Dossier de l'ordre du jour supplémentaireCity of Saint John
Common Council Meeting
Monday, August 15, 2011
Location: Common Council Chamber
Supplemental to Agenda
5.4 Influenza Vaccines Charges
5.13 Pipeline Crossing Agreement with Maritimes & Northeast Pipeline Crossings KP98 + 700
and 98 + 950
12.3 Princess St — Fusion Block Party
13.4 A Law Relating to Fire Damaged Buildings in the City of Saint John — By -law Number BA -1
Recommendation:
That The City of Saint John enters into a contract with the Victorian Order of Nurses Canada
New Brunswick Branch Inc. to administer influenza vaccines to its employees, and agrees to pay
the charges as follows:
a) Nurse rate and supplies
(Minimum 10 injections per clinic) $25.00 per injection
b) Cancellation charge (less than 48 hours notice) or less than
50% expected participation $250.00
That the City Solicitor be directed to prepare all necessary documents and the Mayor and
Common Clerk be authorized to sign all related documents.
REPORT TO COMMON COUNCIL
M &C2011 -206
August 04, 2011
His Worship Mayor Ivan Court
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: Pipeline Crossing Agreement with Maritimes & Northeast Pipeline
Crossings KP 98 +700 and 98 +950
BACKGROUND:
The City of Saint john
A sanitary sewer forcemain and gravity sewer installation, part of Harbour Clean-Up from Lift
Station #4 at Egbert Street to the new eastern wastewater treatment facility, will cross the
Maritimes and Northeast Pipeline's (M &NP) natural gas pipeline, located at KP98 + 700 and 98
+ 975 off Egbert Street. Maritimes & Northeast have reviewed the City's design drawings and
have no objection to the crossing. A crossing agreement is required. Maritimes & Northeast
have delivered to the City the required agreement. Staff reviewed the agreement and there are no
concerns or objections. The purpose of this report is to present the agreement to Common
Council for its consideration.
RECOMMENDATION:
That the City of Saint John enter into the Crossing Consent Agreement with Maritimes &
Northeast Pipeline Limited Partnership, by its General Partner Maritimes and Northeast Pipeline
Management Ltd. / Maritimes & Northeast Pipeline attached to M &C 2011 -206 and that the
Mayor and Common Clerk execute the said agreement.
Respectfully submitted,
1 6V1_
K Forrest, MCIP, RPP
mmissioner
Planning & Development.
Attachments
PWW /P
J. Patrick Woods, CGA
City Manager
Description of Plan: Thorne Ave, Bayside Dr, Egbert Street Area
N PID: 00031971 Maritimes & Northeast Pipeline
Crossings by City of Saint John
PAN: 05052963 & Date: 04 August, 2011
& 05053155
July 14, 2011
Kendall Mason, P.Eng,
Municipal Engineer
Municipal Operations & Engineering
City of Saint John
P.O. Box 1971
Saint John, NB
E2L 4L 1
SUBJECT: Crossing Consent Agreement for your proposed crossings of
Maritimes & Northeast Pipeline ('M &NP') Saint John Lateral at approximate KP
98 +700 and 98 + 950, in the County of St. John, in the Province of New Brunswick.
M&NP has reviewed the proposed crossings and will consent to them.
In consideration of M&NP consenting to the crossings, we ask that you agree to the
following conditions precedent:
1. That you will comply with the general conditions for consent in Schedule "A ",
attached hereto;
2. That you and your contractor will install the crossings strictly in the manner
described in Schedule `B ", attached hereto;
3. That the crossings will be designed and constructed strictly in accordance with
your drawing flan and Profile Sta. 0+720 to Sta. 1+080, Marsh Creek Sanitary
Sewer & Force Main Installation, sheet 4 of 10 approved by M &NP attached as
Schedule "C ", hereto;
4. That the crossings will be completed within one (1) year of the date of this letter,
otherwise this consent will terminate and a new application will be required.
5, That as per Schedule "A ", Section 10, all contractors working near an exposed
pipeline are required to wear appropriate PPE and fire retardant apparel.
6. That as per Schedule "A ", Section 5, Applicant shall submit certificates or other
evidence of such insurance to M &NP prior to any work commencing for the
Crossing.
Please sign and return all three copies of the agreement, including the three copies of the
enclosed drawing and schedules. We will subsequently sign the copies of the agreement
and will return two for your use, Please ensure that a copy is sent to the persons who will
be performing this work and that it is available "on- site ". Installation of the crossing can
then proceed after giving a minimum of two business days advance notice to myself at
(506) 462- 4800/461 - 5681.
This Agreement and Schedules "A ", 'B" and "C" constitute the entire Agreement
between M &NP and the Applicant and any change or alteration hereof shall be made in
writing between the parties.
Yours very truly,
MARITIMES & NORTHEAST PIPELINE
Andrew Langille, M.Sc., P.Geo.
Lands & Public Awareness Coordinator
Read and agreed to at this day of
WITNESS: ) APPLICANT;
City of Saint John
"I have the authority to bind the
corporation"
SCHEDULE 'A'
General Conditions for Crossing Consent
1. In this agreement:
(a) the term "Applicant" refers to the person(s) who will own, operate and maintain
the Facility;
(b) the term "Contractor" means the person(s) who constructs and installs the
Facility;
(c) the term "Facility" refers to the works of the Applicant as described in the
covering letter- agreement to this Schedule;
(d) the term "Crossing" refers to the crossing of M &NP's pipeline(s) by the Facility
at the location described in the covering letter - agreement to this Schedule.
2. M &NP consents to the Crossing to the extent that it has the right to do so and the
Applicant shall be responsible for obtaining all other applicable approvals, permits,
orders and permissions required to construct and install the Facility.
3. Applicant agrees to comply with all applicable rules, orders, regulations, codes and
guidelines of any competent government body or organization affecting the design,
installation, construction and operation of the Facility.
4. Applicant agrees to indemnify and save harmless M&NP against any claims,
demands, actions, suits, proceedings, damages, injuries (including injuries resulting in
death) that may arise as a result of the construction, installation and operation of the
Facility.
5. In connection with Clause 4, above, Applicant, or Contractor, at its own expense shall
carry and keep in full force and effect;
(a) Comprehensive General Liability insurance with an inclusive limit for personal
injury and property damage of Five Million dollars ($5,000,000.00), and;
(b) Automobile Liability Insurance ( "owned" and "non- owned ") with an inclusive
limit for bodily injury (including passengers) and property damage of One Million
dollars ($1,000,000.00),
Applicant shall submit certificates or other evidence of such insurance to M &NP
prior to any work commencing for the Crossing.
6. Applicant agrees to personally perform the installation and construction of the
Facility or else to closely supervise its installation and construction by a duly
qualified contractor(s) and to ensure that said contractor(s) complies with all terms
and conditions of this agreement.
7. The Applicant shall pay forthwith upon presentation of an invoice by M &NP, all
reasonable costs incurred by M &NP for;
(a) Review, approval and inspection of the Crossing;
(b) Reinforcing, modifying or relocating M &NF's pipelines) to accommodate the
installation of Applicant's Crossing or the maintenance tenance and repair of its Facility;
(c) Any reasonable incremental costs inured by M &NP in the operation,
maintenance, replacement and repair of its pipeline(s) which are caused by the
Crossing.
8. The terms and conditions of this consent shall apply to the construction and
installation of the Crossing and any future maintenance work that may be required.
9. This consent is for the Facility shown in Schedule 'C' only and any additional works
or facilities proposed by the Applicant shall be the subject of a separate agreement.
10. Applicant hereby agrees and acknowledges that its rights in the Crossing are
subordinate to the easement agreement(s) of M&NP that have been registered or
obtained prior to this date and Applicant shall cooperate with all reasonable requests
made by M&NP related to the operation, maintenance and repair of M &NP's
pipeline(s) within the easement(s), in particular the use of Nomex or fire retardant
equivalent apparel.
11. In the case of default by the Applicant to carry out any of the provisions of this
agreement or if the condition of Applicant's Facility has deteriorated and adversely
affects the operation of M&NP's pipeline(s), M&NP may give written notice thereof.
If the Applicant fails to take all reasonable steps to remedy the default or the
deterioration of the Facility within fifteen (15) days after receipt of the written notice
by M &NP, M &NP may take such steps necessary to remedy the default or
deterioration and Applicant shall be liable for and shall pay forthwith all reasonable
costs incurred by M&NP in this regard.
12. All notices required to be given hereunder shall be delivered by registered mail or
facsimile to the addresses shown on the covering letter - agreement and shall be
deemed to be received on the fifth (5a') day following mailing thereof or upon
confirmation of facsimile transmission.
13. This agreement shall be governed in accordance with the laws of the province in
whicb the Crossing is situate.
14. Neither party to this agreement shall assign or transfer their rights and obligations
hereunder to a third party without first obtaining the written consent of the other
party,
15. The rights and obligations of the parties hereto shall terminate upon the earlier of;
(a) two (2) years from the date hereof if the Applicant has not completed the
construction and installation of the Facility and restoration of the lands affected
by the Crossing; or
(b) upon the proper abandonment or removal of the Facility and restoration of the
lands to a condition acceptable to M &NP and the owner of the property where the
Crossing is situate.
16. If any part of this agreement shall become null and void by virtue of law or
governmental regulation, it shall be severed from the agreement, but the remaining
terms and conditions shall remain in full force and effect.
SCHEDULE W
Excavation and Operation of kteavv 1gulpaneiit
17. The following conditions shall apply whenever any construction activities shall
require the need for the operation of equipment or excavation near M &NP's
Pipeline(s).
(a) To protect exposed. M &NP Pipeline(s) from damage during the proposed work,
M&NP's on -site inspector may require the Applicant to install certain safety
precautions before beginning construction.
(b) To avoid possible damage to M&NP's Pipeline(s) while excavating, the
Pipeline(s) shall be supported adequately, as directed by M &NP's on -site
inspector.
(c) To avoid possible damage to M&NP's Pipeline(s), heavy equipment shall be
restricted to crossing within the travelled portion of the easement untess other
crossing locations are approved by M &NP's on -site inspector.
(d) Applicant shall provide at least three (3) business days' advance notice prior to
commencing any excavation near M &NP's Pipeline(s),
General Conditions for Crossings of the Pipeline by Highways, Private Roads,
Railways and Utilities
18. The following general conditions shall apply to Crossings of M&NP's Pipeline(s) by
a highway, private road, railway or utility:
(a) In the case of a crossing of M &NP's Pipeline(s) by a highway, private road,
railway or utility the Crossing shall, except as otherwise provided herein, conform
to the respective specifications and requirements of the current Canadian
Standards Association Code CAN /CS,A. Z662 — 99 for Gas Pipeline Systems and
if the facility will result in the Maritimes Pipeline not conforming, the Crossing
may be made only if the M &NP's Pipeline(s) is reconstructed to conform to such
requirements, the cost of which shall be borne and paid for by the Applicant.
(b) The Applicant shall pay all costs to cnsure M &NP's Pipelines) shall, in all cases,
be of sufficient strength to withstand all stresses and strains resulting from the
Crossing.
(c) The Crossing shall be constructed so as to cross M &NP's Pipeline(s) at an angle
as close as practicable to ninety (90) degrees but not less than forty -five (45)
degrees.
(d) Parallel easements shall not encroach on the M &NP's Pipeline(s) casement
without the prior written consent of M &NP and the owner of the lands being
crossed,
19. At any crossing of M &NP's Pipeline(s), except crossings by overhead telephone,
telegraph or power lines, M &NP's Pipeline(s) and the Facility shall be identified by
suitable markets.
20. A buried utility shall cross under M &NP's Pipeline(s) unless otherwise approved by
M &NP. A clearance of not less than 03m shall be maintained at the point of crossing
between the utility and M &NP's Pipeline(s) and all other underground structures. In
all circumstances, miniinum clearances as stipulated in the current edition of
Canadian Standards Association CAN /CSA- 7_,662 -99 "Gas Pipeline Systems" shall be
complied with.
Underground utility crossings shall also be subject to the following design
constraints:
(a) Utilities must be installed at a level grade across the entire width of M &NP's
Pipeline easement with the exception of gravity dependent structures. In such
cases, the minimum clearances which are specified between the utility and
M &NP's Pipelines) crossed .trust be maintained.
(b) Itx the case of any Applicant's buried pipelines, no joints may be made over or
under any M &NP Pipeline(s).
(c) If Applicant's pipeline(s) will operate under pressure, it/they shall be pre - tested to
at least the required test pressure prior to its installation across M &NP's Pipeline
easement.
(d) If the case of buried power cables, the Applicant shall install a 75mm thick
concrete slab, or suitable equivalent, approved by M&NP, placed 300mm above
the utility service installation, the full width of M&NP's Pipeline easement.
There shall be a minimum separation of 300mm between the top of the concrete
slab and the bottom of M &NP's Pipeline(s). This separation shall be maintained
over the entire width of the M&NP Pipeline easement(s). The concrete slab
should be un- reinfotred red dye concrete. The utility shall be permanently
identified with "caution" tape on top of the concrete slab.
(e) In the case of buried cables, no joints, splices or other connections shall be made
within the M&NP Pipeline easement.
J) The method of installation of all utilities crossing M&NP's Pipeliue(s) below
ground ,level must be specified in the Applicant's submission to M&NP.
21. A public highway, logging road or private road shall be constructed so that the
traveled surface thereof shall be not less than 1,5m above the top of M &NP's
Pipeline(s) or the casing pipe, where required. The bottom ofthe ditches shall be not
less than 1.2m above the top of M &NP's Pipeline(s) or casing pipe.
Railway Crossing Requirements
22. The following conditions apply to the crossings of M &NP's Pipelines) by railways
and shall supplement or supersede the conditions detailed in Section 2, 3, 4 and 5.
(a) Where M&NP specifications stipulate, M &NP's Pipeline(s) shall be encased in a
metal casing pipe, to be installed by M&NP, the cost of which shall be bonne and
paid for by the Applicant.
(b) Railway crossings shall be constructed to allow the following minimum
clearances:
W One point seven (1.7) meters between the top of M &NP's Pipeline(s) or
casing pipe and the base of the rail for a distance of at least 8.Om from the
centerline of the outermost track.
(ii) One point two (1.2) meters between the top of M &NP's Pipeline(s) or
casing pipe and the bottom of the railway right -of -way ditch and/or natural
ground surface.
Overhead Crossing Requirements
23. The following conditions apply to the crossing of M&NP's Pipeline(s) by overhead
telephone, telegraph, telecommunication and electrical power lines:
(a) Prior to construction, the Applicant shall determine if electrical interference
between the Applicant's facilities and M&NP's Pipeline(s) will occur. If so, the
Applicant shall be responsible for providing mitigation design to a level of 15
volts A.C. Steady State; generally in accordance with CSA Standard C22.3 No
6M -1987 (or update), "Principles and Practices of Electrical. Coordination
Between Pipelines and Electric Supply Lines ".
(b) The vertical distance between the lowest wire of an overhead line catenary and
the surface of the ground within the pipeline easement shall not be less than the
minimum vertical clearance distance set out in that part of the Canadian Electrical
Code Part 111 (CSA Standard 0213, "Overhead Systems and Underground
Systems ").
(c) The poles, pylons, towers, guys, anchors and any other supports of an overhead
Jim, shall be located outside the M &NP Pipeline easement and not within ten (10)
meters of any M &NP Pipeline appurtenance.
(d) The Applicant, for an overhead line shall, where directed by M &NP, install aerial
warning devices for the protection of M&NP personnel and equipment conducting
aerial patrols.
Blastiniz Requirements
24. Prior written approval is required from M &NP if construction of the Facility requires
the use of explosives. The Contractor shall comply with all applicable government
laws, regulations and orders concerning the use, storage and transportation of
explosives, including, but not limited to, the Canadian Explosives Act, The Applicant
shall comply with the safety requirements of M &NP,
25. The following conditions shall apply whenever any construction activities shall
require the need for blasting when working within thirty (30) meters of M &NP's
Pipeline(s):
(a) The effects of blasting shall be controlled.
(b) A leakage survey of the designated area shall be performed prior to and after
blasting by the M &NP inspector to determine the effect of such operations, the
cost of which shall be borne and paid for by the Applicant.
(c) When. blasting is necessary in the vicinity of M&NP's Pipeline(s) under pressure,
the Applicant shall limit the intensity of the ground vibrations emanating from
any particular blast, measured on the ground's surface above the pipeline(s) at the
location nearest to the blast to the following specifications:
(i) Maximum amplitude of vibrations 0.1524mm.
(ii) Maximum horizontal peak particle velocity 50mm/sec.
(iii) The permissible quantities of explosive per delay period shall be governed
by the recorded measurements as influenced by the work site conditions.
(iv) Explosive agents must, in all instances, be acceptable to M&NP.
(v) Delays shall be. designed to prevent double readings.
(vi) Further restrictions shall be stipulated, as required, by M&NP.
Cathodic Proteeft I eguirernents
26. Applicant agrees to install, at its cost, all cathodic protection facilities deemed
necessary by M &NP to protect M &NP's Pipeline(s) or otherwise reimburse M &NP
for the cost of such facilities and installation.
SCHEDULE `C'
Plan Showing Approved Crossing
(Prepare 3 prints of your proposal draiving as set out in this Schedule `C' and attach them to the eopias
of the letter - agreement. you return to XMNP)
A drawing of each crossing shall be prepared in accordance with subsections A, B and D
below. The drawing shall show the location and dimensions of the crossing and the
clearance between the lowest catenary and the surface of the ground within the pipeline
right -of -way or its projects limits.
Standard Drawing Requirements (NOTE. All views to be combined in one drawing)
A. PLAN VIEW
Scale:
• In metric — scale of 1:500 or at a scale which clearly defines all details of the
crossing
Dimensions:
• Distance along the M&NP Pipeline easement to the crossing from a definable legal
limit (i.e, lot line, river, road allowance limit, etc.)
• Width of the M&N1P Pipeline easement to one -tenth (0.0) of a meter
• Location of M&NP's Pipeline(s) within the easement to one -tenth (0.0) of a meter at
izght angles to the pipeline easement
• Angle of the crossing (measured to the M &NP Pipeline easement)
• Show the width of the utility easements) to one tenth (0,0) of a meter
• Width of streets in vicinity of crossing
Identify:
• Legal description of the crossing location (i.e. property metes and bounds, PID,
Parish, town, village, etc.)
0 All additional M &NP Pipeline appurtenances (i.e, concrete slabs, weights, pipeline
markers, etc.)
• North arrow
• Scale
B. SECTION VIEW
The section view is to be along the proposed utility that crosses M &NP's
Pipeline,
Scale:
a In metric, vertical 1:100, horizontal 1:200 or to a scale that clearly identifies all
details of the crossing
Dimensions;
• Depth of M &NP's Pipeline(s) to one -tenth (0.0) of a meter
• Vertical distance of the proposed utility below grade to one -tenth (0.0) of a meter
• Clearance to M &NP's Pipeline(s)
+ Diameter of each of M &NP's Pipeline to be crossed
• Easement or right -of -way limits
Identify:
• If elevations are assumed, then reference the point of the assumed datum
• Distance of the pipeline(s) to the M &NP Pipeline easement limits
• Ground surface profile for the 20m on either side of crossing
• Scale
C. PROFILE VIEW
The profile view is to be along M&NP's Pipeline(s) and is only required if the
encroachments is on the M &NP Pipeline easement for a definable distance (i.e.
parallel encroachments such as roads and any grading of the easement, etc.)
Scale:
+ In metric, vertical 1:100, horizontal 1 :200 or to a scale that clearly identifies all
details of the crossing
Dimensions:
v Depth of M &NP's Pipeline(s) to one -tenth (0.0) of a meter
m Depth of the proposed utility to one -tenth (0.0) of a meter
o Clearance to M&NP's Pipeline(s)
o Diameter of each M&NP Pipeline to be crossed
• Easement or right -of -way limits
Identify:
• If elevations are assumed, then reference the point of the assumed datum
• Distance of the pipeline(s) to the M&NP Pipelure easement limits to one -tenth (0.0)
of a meter
• Ground surface profile for 20m on either side of crossing
• Scale
• Existing M &NP pipeline markers
D. LOCATION PLAN VIEW
Scale:
• In metric, scale of 1:12000 or to a scale that clearly identifies the location
Dimensions:
• Distance to the nearest town of major geographic feature to 0.1 of a kilometer
Identify:
• Parish, town, village, city, county, regional municipality, etc.
• PiD, street, highway, road, etc.
• North arrow
TITLE BLOCK
Identify:
• Name of the Applicant and the name of the engineering company who compiled the
drawing (where applicable)
• Drawing number and the date of the drawing
• Revision dates (if. applicable)
• Signature of the applicant and the engineering company
• Legal description of the crossing location
• Description of the utility
• Date of the survey
ADDITIONAL INFORMATION
Identity:
• All specifications of the utility (i,e.) diameter, wall thickness, material to be
conveyed, minimum yield strength, operating pressure, field test pressure, mill test
pressure, materials comprising the utility, protective devices to be installed and the
proper method of installation
• Show a note referencing compliance with all applicable CSA standards and the
National Energy Board Pipeline Crossing Regulations
• Date of the proposed crossing
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- 2 .'2 REPORT TO COMMON COUNCIL
M &C- 2011 -218
August 15, 2011
His Worship Mayor Ivan Court and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Princess Street - FUSION Block Party
BACKGROUND:
On August 10, 2011 Planning and Development received a request for a zoning
confirmation letter to accompany a Liquor Licence Application from FUSION
Saint John for a Special Events Liquor Licence for a Block Party. The event is
planned for Friday August 26, 2011 from 5:00 p.m. until 7:00 p.m. on Princess
Street between Canterbury and Prince William Streets.
City of Saint john
The event has been held for the past two years, with 2011 being the second year
the street has been physically barricaded and a Special Event Liquor License
obtained for the event by the organizers. Staff notes that the Provincial
Department of Public Safety requires a zoning confirmation letter from the
Municipality confirming that the sale of alcohol is a permitted land use at the
location of the proposed licence. While a Special Event Liquor Licence was
obtained for the event in 2010, Staff has no record of a zoning confirmation letter
being requested or issued, although it is our understanding the Special Event
Liquor Licence was issued by the Province.
Based on further consideration of the request received on August 16, Staff
expressed concerns relating to liability exposure for the City and compliance
issues with the Liquor Control Act if the street is not closed and remains a Public
Street. Staff note that while the street was physically barricaded for the event in
2010, the street closure did not receive Council approval as required by the under
the jurisdiction of the Municipalities Act.
M& C-2011 — 218 - 2 - August 15, 201 1.
ANALYSIS:
The event requires the granting of a temporary street closure by Common
Council. While three readings are normally required for a temporary street
closure, Council in the past has approved such events and granted permission for
such events without a street closure being satisfied that the event organizers
address issues such as security, access, garbage collection insurance, and fire
protection to the satisfaction of the City.
FUSION has provided a letter outlining the scope of the event and how they plan
to address issues relating to the event to the satisfaction of the City. Staff note
that one of the requirements is for the event organizers to obtain a Commercial
General Liability Insurance policy in the amount of $5 million that names the City
of Saint John as an additional insured. It is the understanding of Staff that
FUSION is working towards obtaining the coverage and proof of coverage will be
provided to the City prior to the event.
FUSION has contracted a security firm to provide four security personnel for the
event. It is the understanding of Staff that this was the practice at last year's
event. Approval of the Fire Marshall has been granted and City Departments have
been contacted to provide barricades and waste receptacles with FUSION to be
responsible for the cleaning of debris from the street following the event.
A zoning confirmation letter is required by the Provincial Department of Public
Safety for issuance of the Special Event Liquor Licence. Should Council choose
to approve the temporary street closure, staff can issue the zoning confirmation
letter to the applicant.
Staff note that through the process of granting approval for the event, the City
lacks a clearly defined policy and process to review and approve such requests
and that other municipalities such as Moncton and Halifax have policies and
procedures for street closures for community events. Moving forward, it is
recommended that such policies and procedures be developed for the City of Saint
John.
RECOMMENDATION:
i. That Common Council approve the proposal of FUSION Saint
John Inc. to hold a social event known as "Princess Street Block
Party" on Friday, August 26, 2011 between the hours of 5:30 p.m.
and 7:00 p.m. in the area of Princess Street between Canterbury
and Prince William Streets subject to the following conditions:
FUSION Saint John Inc. shall make satisfactory arrangements with
the appropriate City staff, including the City Manager, the Fire
M & C — 2011 —218 - 3 - August 15, 201 l .
Chief and the Police Chief regarding issues such as, but not limited
to: security, availability of adequate fire protection, and street
cleaning.
ii. FUSION Saint John Inc. shall, at its sole cost, obtain and keep in
force commercial general liability insurance for claims for
damages from personal injury including death and for claims from
property damage which coverage shall have an inclusive limit of
not less than Five Million Dollars ($5,000,000) for each
occurrence, and which insurance shall also include the following:
i. The City as an additional insured, and
ii. A cross - liability clause.
FUSION Saint John Inc. shall provide a Certificate of Insurance to
the City evidencing such insurance coverage prior to August 25,
2011.
iii. FUSION Saint John Inc., for itself and its successors and assigns,
and to the fullest extent permitted by law, shall release and forever
discharge the City, its employees, officers, agents, successors and
assigns from and against any and all losses, costs, claims,
demands, expenses, proceedings and action of every nature and
kind for injury or damages to FUSION Saint John Inc. or its
property which are or may be in any way related to or connected or
associated with holding the "Princess Street Block Party" on
Princess Street.
iv. FUSION Saint John Inc. shall indemnify and save harmless the
City from and against all actions, causes of action, proceedings,
claims and demands brought against the City, and from and against
all losses, costs, damages or expenses suffered or incurred by the
City, by reason of any damage to property, including property of
the City, or injury, including injury resulting in death, to persons,
including the employees, servants, agents, licensees and invitees of
the City, caused by, resulting from or attributable to the negligent
act or omission of FUSION Saint John Inc. or any of its
employees, servants, or agents in the holding and managing the
"Princess Street Block Party" on Princess Street on August 26,
2011.
M & C — 2011 — 218 - 4 - August 15. 201 1.
2. That Common Council direct the City Manager to develop policies and
procedures for temporary street closures in conjunction with community
events within the City of Saint John.
Respectfully submitted,
orrest, MCIP, RPP
iissioner
.ng and Development
J. Patrick Woods, CGA
City Manager
Attachments
MR
Reade, Mark
From: Fran Menton [fran.menton @clinicserver.com]
Sent: August 15, 2011 10:59 AM
To: Reade, Mark
Subject: Re: Princess Street Block Party
Mark,
I forgot to mention that we will be blocking off Princess Street from the intersection of Canterbury Street and
Prince William Street.
- Frances Menton
On Mon, Aug 15, 2011 at 10:56 AM, Fran Menton <fian.mentongglinicserver.com> wrote:
Mark,
I really appreciated your time on Friday.
I hope this information covers everything you need at this point.
We are currently look for the approval from the City of Saint John for the annual FUSION Saint John Inc.
Princess Street Block Party which is scheduled for Friday August 26th, 2011. The event will run from 5:30pm -
7pm and will consist of a series of participating sponsors (made up mainly of vendors located on Princess
Street). There will be a DJ on -site, food being passed around from the participating sponsors and we will also
have two bars set -up to sell wine and beer (just waiting for approval from Public Safety so we can receive a
special event liquor licence).
Currently we have approval from Sgt. LaFrance who will have the on -duty supervisor for that day drop off
barricades to block the street off for approximately two hours. The participating local vendors are opening
washroom facilities to meet the requirements from the Health Department (one washroom/50 ppl attending and
at this point we have eight washrooms available).
Approval has also been received from the Fire Marshal and Saint John Parking Commission has also been made
aware of the event. Also we have contracted Source Security to provide us with four security guards.
We will have garbage cans being brought in to ensure the street is kept clean and volunteers will be assisting
with the set -up and clean -up of the event. Also FUSION is currently seeking event insurance naming the city
and ourselves as the insured.
Please let me know if you require any additional details or documents.
Thank you,
- Frances Menton
On Fri, Aug 12, 2011 at 4:33 PM, Reade, Mark <mark.reade(ii)saipt hn.ca> wrote:
Fran / Sean:
Further to our meeting this afternoon, can you provide us with a letter outlining the scope of the event and how
Fusion plans to address the following issues to the City's satisfaction: security, availability of adequate fire
protection, insurance issues, street cleaning and accommodation of the event with Council's approval.
I will follow up on Monday with the status. We are discussing internally at the Staff level regarding the
requirements for moving it forward for a resolution of Council, but will need the letter to bring the item forward
for Council's consideration.
Mark
Mark Reade, P.Eng., MCIP, RPP
Senior Planner / Urbaniste Principal
---------------------------------
Planning & Development / Urbanisme & Ddveloppement
10th Floor, City Hall
City of Saint John
P.O. Box 1971
Saint John, NB
E2L 4L1
Reception: (506) 658 -2835
Direct Tel: (506) 674 -4238
Facsimile: (506) 658 -2837
E -Mail: mark.reade a,saintiohn.ca
RELEASE AND INDEMNITY
KNOW ALL MEN BY THESE PRESENTS that in consideration of the sum of
two Dollars of lawful money of Canada paid to it by The City of Saint John, the receipt
and sufficiency of which is hereby acknowledged, FUSION Saint John Inc., a body
corporate duly registered to do business in the Province of N.B. having offices in the City
of Saint John, in the County of Saint John and Province of New Brunswick, for itself and
its successors and assigns (hereinafter called the "Releasor ") and to the fullest extent
permitted by law, hereby releases and forever discharges The City of Saint John
(hereinafter the "City "), its employees, officers, agents, successors and assigns from and
against any and all losses, costs, claims, demands, expenses, proceedings and actions of
every nature and kind for injury or damages, including indirect, consequential and
incidental damages, to the Releasor or its property which are or may be in any way
related to, or connected or associated with the Releasor holding and managing the
Princess Street Block Party on Princess Street on August 26, 2011 in the area of Princess
Street between Canterbury and Prince William Streets in the City of Saint John;
The Releasor hereby indemnifies, defends and saves harmless the City, its employees,
officers, agents, successors and assigns, from and against any and all losses, costs,
claims, demands, expenses, proceedings and actions of every nature and kind for injury
or damages, including indirect, consequential and incidental damages, to persons or
property which are or may be in any way related to, or connected or associated with the
Releasor holding and managing the Princess Street Block Party on Princess Street on
August 26, 2011 in the area of Princess Street between Canterbury and Prince William
Streets in the City of Saint John;
AND IT IS HEREBY DECLARED that the terms of this Release and Indemnity are fully
understood; that the amount stated herein is the sole consideration of this Release and
Indemnity and that the said sum is accepted voluntarily after receiving independent legal
advice for the purpose of making a full and final Release and Indemnity as aforesaid.
IN WITNESS WHEREOF the Releasor has caused these presents to be executed
by its duly authorized officer and affixed its corporate seal this day of
.2011.
SIGNED, SEALED & DELIVERED)
'In the presence of )
)
}
}
FUSION Saint John Inc.
duly authorized signing officer
I7,"
August 11th, 2011
Deputy Mayor and Councillors,
Subject: Committee of the Whole: Rescinding Resolution re Cedar Point Anchorage
Subdivision
At Common Council's meeting of July 18, 2011, a motion to adopt a resolution framed in the
following language was denied:
"That Common Council:
1) assent to one or more subdivision plans, in one or more phases, in general accordance with
the submitted Cedar Point Anchorage Subdivision, Phase 7 tentative plan, as well as to any
necessary municipal services and public utility easements, on the condition that the plan is
amended to include a 6 metre wide Land for Public Purposes dedication in the vicinity of
proposed Lots 36 -G to 42 -G between Anchorage Avenue (extension) and the Nature Trust of
New Brunswick Inc. property (PID number 55198436); and
2) authorize the preparation and execution of one or more City / Developer Subdivision
Agreements to ensure provision of the required work facilities, including detailed site and
drainage plans for the approval of the Chief City Engineer or his designate, and any required
contributions to the pumping station and potential force main upgrades, as well as any
additional infrastructure costs associated with this proposed subdivision development."
The Committee of the Whole, having met on August 2nd, 2011, makes the following notice of
motion:
"RESOLVED that the Committee of the Whole recommends that Common Council rescind its
resolution of July 18`h, 2011, as referenced above, and adopt in its place, the following
resolution:
"That Common Council:
1) assent to one or more subdivision plans, in one or more phases, in general accordance with
the submitted Cedar Point Anchorage Subdivision, Phase 7 tentative plan, as well as to any
necessary municipal services and public utility easements, on the condition that the plan is
amended to include a 6 metre wide Land for Public Purposes dedication in the vicinity of
proposed Lots 36 -G to 42 -G between Anchorage Avenue (extension) and the Nature Trust of
New Brunswick Inc. property (PID number 55198436); and
(40-
SAINT JOHN
----
P.O. Box 1971 Saint John, NB Canada E2L 41-1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
2) authorize the preparation and execution of one or more City / Developer Subdivision
Agreements to ensure provision of the required work facilities, including detailed site and
drainage plans for the approval of the Chief City Engineer or his designate, and any required
contributions to the pumping station and potential force main upgrades, as well as any
additional infrastructure costs associated with this proposed subdivision development."
Sincerely,
Ivan Court
Mayor