2013-05-21_Agenda Packet--Dossier de l'ordre du jourr.
City of Saint John
Common Council Meeting
AGENDA
Tuesday, May 21, 2013
6:00 pm
Council Chamber
Please use Chipman Hill entrance
S'il vous plait utiliser 1'entree Chipman Hill
Si vous avez besoin des services en francais pour une reunion de Conseil Communal, veuillez contacter le
bureau de la greffiere communale au 658 -2862.
Pages
1. Call to Order - Prayer
2. Approval of Minutes
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2.1 Minutes of May 6, 2013
1 -6
3.
Approval of Agenda
4.
Disclosures of Conflict of Interest
5.
Consent Agenda
5.1 Special Event Usage - Water Street (Coast Guard) Parking Lot PID Number
7-16
55011894 (Recommendation in Report)
5.2 Saint John Police Force - December 2012 Financial Results (Recommendation:
17-26
Receive for Information)
5.3 Harbourview Subdivision Wellfield Protection - Update (Recommendation in
27-29
Report)
6.
Members Comments
7.
Proclamation
7.1 National Safe Kid's Week: May 27 - June 2, 2013
30-30
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2
7.2 Conservation of Cultural Property Week - May 20 -25, 2013
31 -32
8.
Delegations / Presentations
9.
Public Hearings
10.
Consideration of By -laws
10.1 Proposed Municipal Plan Amendment 220 Glen Road (30 -day Letter)
33-36
10.1.1 Letters of Opposition or Support
37-37
11.
Submissions by Council Members
11.1 Adopt a Corner Beautification Project (Councillor Norton)
38-40
12.
Business Matters - Municipal Officers
13.
Committee Reports
14.
Consideration of Issues Separated from Consent Agenda
15.
General Correspondence
15.1 Market Square Boardwalk - Food Vendors
41 -43
16.
Supplemental Agenda
16.1 Contract No.: 2013 -7: Asphalt Resurfacing - 2013 Phase II
44-45
17.
Committee of the Whole
17.1 Committee of the Whole - Operational Assessment of the Fire Department and
46-46
Disposition and Development of City Land on the Corner of Millidge Avenue
and University Avenue
17.2 Committee of the Whole: Sale of Portion of City Owned Property 80 University
47-93
Avenue - Gorman Arena Site
17.3 Committee of the Whole: FCM Conference
94-94
18.
Adjournment
2
City of Saint John
Common Council Meeting
Tuesday May 21, 2013
Committee of the Whole
1. Call to Order
Si vous avez besoin des services en frangais pour une r6union de Conseil Communal, veuillez
contacter le bureau du greffier communal au 658 -2862.
Each of the following items, either in whole or in part, is able to be discussed in private pursuant
to the provisions of section 10 of the Municipalities Act and Council / Committee will make a
decision(s) in that respect in Open Session:
4:30 p.m. 8t" Floor Boardroom City Hall
1.1 Approval of Minutes 10.2(4)
1.2 Property Matter 10.2(4)(d)
3
The City of Saint John
S6ance du conseil communal
Le mardi 21 mai 2013
Salle du conseil, 18 h
Comit6 pl6nier
1.Ouverture de la s6ance
Si vous avez besoin des services en frangais pour une r6union de Conseil Communal,
veuillez contacter le bureau de la greffiere communale au 658 -2862.
Chacun des points suivants, en totalit& ou en partie, peut faire l'objet d'une discussion en
priv6 en vertu des dispositions pr&vues a Particle 10 de la Loi sur les municipalites. Le
conseil /comit6 prendra une ou des d6cisions a cet 6gard au cours de la s6ance publique
16 h 30 — Salle de conf6rence, 8e 6tage, h6tel de ville
1.1 Approbation du proc&s- verbal — paragraphe 10.2(4)
1.2 Question relative a la propri6t6 — alin6a 10.2(4)d)
S6ance ordinaire
1. Ouverture de la s6ance, suivie de la priere
2. Approbation du proces- verbal
2.1 Proc&s- verbal du 6 mai 2013
3. Adoption de Pordre du jour
4. Divulgations de conflits dint& is
5. Questions soumises a 1'approbation du conseil
5.1 Ev6nement special — Utilisation de faire de stationnement de la rue Water
(Garde c6tiere), NID 55011894 (recommandation figurant au rapport)
5.2 Service de police de Saint John — Bilan financier du mois de
d6cembre 2012 (recommandation figurant au rapport)
5.3 Mise a jour relative a la protection des champs de captage — Lotissement
Harbourview (recommandation figurant au rapport)
6. Commentaires pr6sent6s par les membres
7. Proclamation
7.1 Semaine nationale SecuriJeunes : du 27 mai au 2 juin 2013
7.2 Semaine de la conservation des biens culturels : du 20 au 25 mai 2013
8. D616gations et pr6sentations
9. Audiences publiques
10. Etude des arret6s municipaux
10.1 Projet de modification du plan municipal visant le 220, chemin Glen
(pr6avis de 30 jours)
10.1.1 Lettres d'opposition et d'appui
11. Interventions des membres du conseil
11.1 Adoption d'un projet d'embellissement (conseiller Norton)
12. Affaires municipales 6voqu&s par les fonctionnaires municipaux
13. Rapports &pos& par les comWs
14. Etude des sujets 6cart6s des questions soumises a Papprobation du conseil
15. Correspondance g6n6rale
15.1 Promenade Market Square — Vendeurs de produits alimentaires
16. Ordre du jour suppl6mentaire
16.1 Contrat no 2013 -7 : Resurfa� age d'asphalte en 2013, phase Il
17. Comit6 pl6nier
17.1 Comit6 pl6nier : Evaluation op6rationnelle du service des incendies et
ali6nation et am6nagement de terrains appartenant a la municipalit6 a Tangle des
avenues Millidge et University
17.2 Comit6 pl&nier : Vente d'une partie d'une propridt6 appartenant a la Ville,
situ6e au 80, avenue University, ar6na Charles Gorman
17.3 Comit6 pl6nier : Conf6rence de la FCM
18. C16ture de la s6ance
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COMMON COUNCIL /CONSEIL COMMUNAL
MAY 6, 2013/LE 6 MAI 2013
COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN
CITY HALL — MAY 6, 2013 - 6:00 P.M.
Present:
Mel Norton, Mayor
Deputy Mayor Rinehart and Councillors Farren, MacKenzie,
McAlary, Merrithew, Norton, Reardon and Strowbridge
- and -
P. Woods, City Manager; J. Nugent, City Solicitor; C. Graham,
Comptroller; W. Edwards, Commissioner of Transportation and
Environment Services; J. Hamilton, Commissioner of Growth and
Community Development Services; A. Poffenroth, Deputy
Commissioner Building and Inspection Services; K. Clifford, Fire
Chief; J. Taylor, Assistant Common Clerk; and K. Tibbits,
Administrative Assistant.
1. Call To Order — Prayer
Mayor Norton called the meeting to order and Reverend Wally Corey offered the
opening prayer.
2. Approval of Minutes
2.1 Minutes of April 22, 2013
On motion of Councillor McAlary
Seconded by Councillor Strowbridge
RESOLVED that the minutes of the meeting of
Common Council, held on April 22, 2013, be approved.
Question being taken, the motion was carried.
3. Approval of Agenda
On motion of Councillor Farren
Seconded by Councillor Strowbridge
RESOLVED that the agenda of this meeting be
approved with the addition of items 17.1 Committee of the Whole: Access to Seven (7)
City Owned Properties to Decommission Abandoned Oil Pipeline; 17.2 Committee of the
Whole: Partial Release of Easement held by the City, to East Point Inc.; and 17.3
Committee of the Whole: Electoral Provincial Boundaries.
Question being taken, the motion was carried.
4. Disclosures of Conflict of Interest
5. Consent Agenda
6. Members Comments
Council members commented on various community events
7. Proclamation
7.1 Emergency Preparedness Week - May 5 -11, 2013
The Mayor proclaimed the week of May 5 -11, 2013 Emergency Preparedness Week in
the City of Saint John.
On motion of Deputy Mayor Rinehart
Seconded by Councillor McAlary
RESOLVED that Item 15.1 Saint John Sports Hall
of Fame — Induction Ceremony, be moved forward on the agenda.
Question being taken, the motion was carried.
15.1 Saint John Sports Hall of Fame - Induction Ceremony
97-
COMMON COUNCIL /CONSEIL COMMUNAL
MAY 6, 2013/LE 6 MAI 2013
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that the letter from Saint John Sports
Hall of Fame, be received for information.
Question being taken, the motion was carried.
8. Delegations /Presentations
8.1 New Brunswick Association for Community Living - Presentation
The Assistant Common Clerk advised that representatives from the New Brunswick
Association for Community Living were not available, noting that the group is requesting
that it be rescheduled a later date.
On motion of Councillor Farren
Seconded by Councillor McAlary
RESOLVED that the request to present from the
New Brunswick Association for Community Living, be referred to the Clerk to schedule.
Question being taken, the motion was carried.
9. Public Hearings 7:00 P.M.
10. Consideration of By -laws
11. Submissions by Council Members
11.1 Outdoor Chess Boards in King's Square (Councillor Strowbridge)
On motion of Councillor Strowbridge
Seconded by Councillor Merrithew
RESOLVED that the letter from Councillor
Strowbridge regarding outdoor chess boards in King's Square be referred to Uptown
Saint John for a report due back to Council by September 1, 2013 detailing a five -year
beautification plan to be implemented for uptown Saint John by Uptown Saint John
including, but not limited to, installation of outdoor chess boards in King's Square or any
such permissible locations.
Question being taken, the motion was carried.
11.2 Function Mapping Update (Councillor McAlary)
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that a request for an update regarding
Function Mapping and results of the Quality of Work Life study be referred to the City
Manager to schedule.
Question being taken, the motion was carried.
11.3 Skate Canada Request to Present (Mayor Norton)
On motion of Councillor Reardon
Seconded by Councillor McAlary
RESOLVED that the request to present from Skate
Canada be referred to the Clerk to schedule.
Question being taken, the motion was carried.
12. Business Matters - Municipal Officers
12.1 Saint John Transit - Capital Budget Adjustments
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that as recommended by the City
Manager in the submitted report Saint John Transit - Capital Budget Adjustments,
Common Council authorize the Saint John Transit Commission to reallocate funding
2
97-
COMMON COUNCIL /CONSEIL COMMUNAL
MAY 6, 2013/LE 6 MAI 2013
within their 2013 Capital Budget envelope as requested on the condition that actual total
capital expenditures not exceed the approved capital budget allocation of $175,000.
Question being taken, the motion was carried.
12.2 Initiate Street Closure for Portion of Depot Court - East Point
On motion of Councillor McAlary
Seconded by Councillor Strowbridge
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2013 -085: Initiate Street Closure for Portion of
Depot Court - East Point, Common Council adopt the following resolution:
1. The Public Hearing for the consideration of the passing of a By -law to Stop Up and
Close a 491 square metre portion of Depot Court be set for Monday, May 27, 2013 at
7:00 p.m. in the Council Chamber;
2. Common Council authorize the publishing of a notice of the intention to consider
passing of such By -law identified above; and
3. That it being understood that the City is neither explicitly nor implicitly obligated to
enact any by -law to stop -up and close any public street; however in the event that the
City of Saint John does stop -up and close the aforementioned portion of Depot Court,
the City shall sell the 491 square metre parcel of land to East Point Inc. ( "East Point ") or
an affiliated company for $1.00 subject to the following conditions:
a. East Point shall pay all costs associated with the street closure, including but not
limited to, survey costs, translation costs and advertisement costs, and all costs
associated with the conveyance of the stopped up and closed portion of Depot Court to
East Point; and
b. East Point shall, at its sole and absolute cost, obtain and provide to the City any and
all plans of survey required to initiate the above noted street closure and any plan
required for conveyance purposes; and
c. The City, in the conveyance, shall reserve an easement for municipal services as well
as a right of way over the stopped up and closed portion of Depot Court; and
d. East Point shall accept ownership and responsibility for an existing catch basin
located within the stopped up and closed portion of Depot Court; and
e. East Point shall consolidate the stopped up and closed portion of Depot Court to its
adjoining property; and
f. East Point shall, at its sole and absolute costs, extend the concrete curb, concrete
sidewalk and any required landscaping /reinstatements within the new municipal Depot
Court right -of -way to the satisfaction of the Chief City Engineer.
Question being taken, the motion was carried.
12.3 2005 -2009 Gas Tax Funding (GTF) Agreement - Program Adjustments
On motion of Deputy Mayor Rinehart
Seconded by Councillor Reardon
RESOLVED that as recommended by the City
Manager, the submitted documentation entitled City of Saint John Amended Five -Year
Capital Investment Plan Respecting the GTF Agreement (2005 -2009) be adopted, and
that the updated listing of specific projects under the General Fund and the Water &
Sewerage Utility Fund totaling $17,638,489.23 for the years 2006 to 2013 of which
$14,194,908 in funding is being provided under the Gas Tax Fund be approved.
Question being taken, the motion was carried.
12.4 2010 -2013 Gas Tax Funding (GTF) Agreement - Program Adjustments
On motion of Councillor McAlary
Seconded by Councillor Strowbridge
RESOLVED that as recommended by the City
Manager, the submitted documentation entitled City of Saint John Amended Four -Year
Capital Investment Plan Respecting the GTF Agreement (2010 -2013) be adopted, and
that the updated listing of specific projects under the General Fund and the Water &
3
97-
COMMON COUNCIL /CONSEIL COMMUNAL
MAY 6, 2013/LE 6 MAI 2013
Sewerage Utility Fund totaling $25,077,061 for the years 2011 to 2013 of which
$21,151,528 in funding is being provided under the Gas Tax Fund be approved.
Question being taken, the motion was carried.
12.5 Sweeping Management Plan for Street and Sidewalks
Kevin Rice, Deputy Commissioner of Municipal Operations, provided an overview of the
sweeping management plan for City streets and sidewalks.
On motion of Councillor McAlary
Seconded by Councillor Strowbridge
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2013 -087: Sweeping Management Plan for Street
and Sidewalks Common Council endorse the Sweeping Management Plan for Streets
and Sidewalks as a Best Management Practice.
Question being taken, the motion was carried.
12.6 Off Hour Street Paving
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2013 -086: Off Hour Street Paving, Common
Council endorse that staff employ sound engineering judgment and options such as
weekend paving and paving outside of peak travel times, and not policy, be used to
determine when lane closures occur to best minimize the impact to traffic flow.
Question being taken, the motion was carried.
12.7 City Solicitor: By -Law to Prevent the Feeding of Deer within the City Limits
Ms. Poffenroth explained that if a bylaw is enacted with respect to the feeding of deer
within the City limits there would be an expectation from citizens that it will be enforced,
adding that her service area does not currently have sufficient staffing levels to enforce
such a bylaw.
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that the City Solicitor's report entitled
Bylaw to Prevent the Feeding of Deer within the City Limits be referred to the City
Manager for a brief report with respect to enforcement issues and the resources that
would be required to carry out such enforcement.
Question being taken, the motion was carried.
12.8 Amendment - Pomerleau Settlement Agreement
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that as recommended by the City
Manager in the submitted report entitled Amendment - Pomerleau Settlement
Agreement, Common Council approve the submitted text of the Amended Settlement
Agreement between The City of Saint John and Pomerleau Inc., in relation to the Police
HQ project, the text of which accompanies the City Manager's correspondence in this
matter to Common Council, dated May 1st, 2013; and that the Mayor and Assistant
Common Clerk be authorized to execute the Amended Settlement Agreement.
Question being taken, the motion was carried.
13. Committee Reports
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
15.2 M. Flood Letter - City Wide Clean -Up Day
4
97-
COMMON COUNCIL /CONSEIL COMMUNAL
MAY 6, 2013/LE 6 MAI 2013
On motion of Deputy Mayor Rinehart
Seconded by Councillor McAlary
RESOLVED that the letter from M. Flood regarding
a city wide clean -up day be received for information.
Question being taken, the motion was carried.
16. Supplemental Agenda
17. Committee of the Whole
17.1 Committee of the Whole: Access to Seven (7) City Owned Properties to
Decommission Abandoned Oil Pipeline
On motion of Deputy Mayor Rinehart
Seconded by Councillor McAlary
RESOLVED that as recommended by Committee
of the Whole, having met on May 6, 2013, the City of Saint John enter into an Access
Agreement with Irving Pulp & Paper Limited for the purpose of carrying out such
inspections, investigations, surveys, testing's and environmental audits as the Company
shall deem necessary on the affected City owned Lands, upon the terms and conditions
set out in the Agreement submitted with M &C 2013 -91 and dated May 6, 2013; and
further that the Mayor and Clerk be authorized to execute the said Agreement.
Question being taken, the motion was carried.
17.2 Committee of the Whole: Partial Release of Easement held by the City, to
East Point Inc.
On motion of Councillor Farren
Seconded by Councillor MacKenzie
RESOLVED that as recommended by Committee
of the Whole, having met on May 6, 2013, the resolution adopted by Common Council at
its meeting of April 29, 2013 dealing with the partial release to East Point Inc. of an
easement held by the City be amended by adding the following immediately after the
words "...payment of $1.00; subject to confirmation by the Chief City Engineer that doing
so does not prejudice the City's infrastructure or operations generally."
Question being taken, the motion was carried.
On motion of Councillor Farren
Seconded by Councillor McAlary
RESOLVED that Item 17.4 Committee of the
Whole: Supplementary Letters Patent — Greater Saint John Community Economic
Development Agency, Incorporated (Enterprise Saint John), be added to the agenda.
Question being taken, the motion was carried.
17.3 Committee of the Whole: Electoral Provincial Boundaries
On motion of Councillor Farren
Seconded by Deputy Mayor Rinehart
RESOLVED that as recommended by Committee
of the Whole, having met on May 6, 2013, Common Council direct the City Manager to
send a letter to the province outlining concerns regarding the proposed new provincial
electoral boundaries.
Question being taken, the motion was carried.
17.4 Committee of the Whole: Supplementary Letters Patent — Greater Saint
John Community Economic Development Agency, Incorporated (Enterprise Saint
John)
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that as recommended by Committee
of the Whole, having met on May 6, 2013, Council adopt the following resolution:
5
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COMMON COUNCIL /CONSEIL COMMUNAL
MAY 6, 2013/LE 6 MAI 2013
WHEREAS Common Council has adopted the recommendations of the True Growth 2.0
Governance Task Force Report, prepared by a Committee chaired by Daryl Wilson,
dated January 31, 2013; and
WHEREAS to give effect to the recommendations of the said Committee, it is necessary
to amend the provisions of the charter of Greater Saint John Community Economic
Development Agency, Incorporated ( "Enterprise Saint John "); and
WHEREAS the charter of Enterprise Saint John stipulates that before any application
may be made to amend the letters patent of Enterprise Saint John, approval must be
obtained from Council;
NOW THEREFORE BE IT RESOLVED that Common Council of the City of Saint John
approves the submission of supplementary letters patent for Enterprise Saint John
substantially in the form submitted hereto as Schedule "A ".
Question being taken, the motion was carried.
18. Adjournment
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that the Common Council meeting of
May 6, 2013 be adjourned.
Question being taken, the motion was carried.
The Mayor declared the meeting adjourned at 7:00 p.m.
Mayor / maire
Assistant Common Clerk / greffier communal adjoint
A
5
Saint John
Panting Commission
I
- Commission sur
le stationnement de Saint John
April 26, 2013
J. Patrick Woods, City Manager
City of Saint John
8`h Floor, City Hall
Saint John, NB
Dear Mr. Woods:
11th Floor, City Hall, 11iome ttage, Mel de Ville
P.O. Box 1971 / C.P. 1971
Saint John, N.BJN. -B. F21L 4L1
Tel / Tdl: (506) 658 -2897
Fax/ Te16copieur: (506) 649 -7938
E -mail / Courdel: parking0saintjohn.ca
RE: Special Event Usage —Water Street (Coast Guard) Parking Lot
PID #55011894
At its meeting of April 3, 2013, the Saint John Parking Commission approved the use of the
above -noted lot by Salty Jam Festival from July.A to July 7, 2013. Enclosed is the following
information: #
■ Copy of request from Karla McLean, Salty Jam Festival Chairperson, dated February 21,
2013;
■ Copy of License Agreement between the City of Saint John, the Saint John Parking
Commission and Salty Jam Festival Inc.;
■ Copy of Schedule "A" which shows the City -owned properties that will be used during the
special event periods;
■ Copy of Schedule "B" which outlines the terms and conditions for using the parking lot.
It is the recommendation of the Saint John Parking Commission that the City of Saint John
approve the request of the Salty Jam Festival Organizing Committee to use the Water Street
(Coast Guard) Parking Lot for the music festival from July,9to July 7, 2012, as outlined in the
attached License Agreement. 4
Yours truly,
C5�f)�f
C. Dwight Allaby
Chairman
cc: Saint John Police Force
Karla McLean, Salty Jam Festival Inc.
7
www.saintjohn.ca
February 21"',2013
wit. f.'101t;f �s FESTIVAL OF MUSIC
Dear Vice Chairman C.Dwight Allaby,
As the Chair of Saltyjam, Saint John's Festival of Music, I have put in a request with Richard
Smith to use the Coast Guard parking lot, once again, as this year's location for the main tent,
Saltyjam Is requesting use of the parking lot from the evening of Wednesday, July 3'" (for
tent set up) through to Sunday, July7l' (for tearing down). Saltyjam will require full use of the
parking lot for additional equipment such as a reefer truck and an RV (or small tent) for artist
green rooms. (There will be performances In the tent on Thursday, Friday and Saturday
evenings, July 04 -06, 2013.)
I understand that this will affect those who park In the lot on both Thursday and Friday; however,
the City, as well as Uptown business, will benefit from having an increased amount of people in
the immediate area over the four day period,
Saltyjam is a non -profit organization and we would be ever so grateful if the Parking Commission
would consider allowing us use of the parking lot at no cost again this year, In turn, we would
advertise the Saint John Parking Commission as an in -kind sponsor for the event and we would
include your logo on various print materials advertising the festival, as well as on our website.
The Saltyjam Planning Committee cannot thank you enough for taking the time to consider our
request.
Should you have any questions or concerns, please do not hesitate to contact me.
Sincerely,
Karla McLean
Festival Chair
On behalf of Saltyjam Festival, Inc.
/km
_ ._......._...._.._ ............. __. ...._..._.__._........__....... _..._........._........_............. ... ..........- ._..._......_..........._.._...
Saltyjam Festival, Inc. I PQ Box 7205 [Saint John, NB I E2L 4S6 I (506) 639 -7754 1
I
THIS LICENCE made in triplicate as of the day of
2013.
BY AND BETWEEN:
THE CITY OF SAINT JOHN having its City
Hall at 15 Market Square, Saint John, New
Brunswick, a body corporate by Royal Charter,
confirmed and amended by Acts of the
Legislative Assembly of the Province of New
Brunswick, hereinafter called the "Licensor"
OF THE FIRST PART
- and —
SALTYJAM FESTIVAL INC., a body corporate
duly incorporated under the laws of the
Province of New Brunswick, having its head
office in the City of Saint John in the County of
Saint John and Province of New Brunswick,
hereinafter called the "Licensee"
OF THE SECOND PART
-and-
SAINT JOHN PARKING COMMISSION, a
body corporate under S.N.B. 1956, Chapter
128, having its Head Office at the City of Saint
John, in the County of Saint John and Province
of New Brunswick, (hereinafter called the
"Commission ")
OF THE THIRD PART
WHEREAS the City is the owner of certain lands in the said City being PID
number 55011894 (the "Lands ");
AND WHEREAS the Commission manages the parking lot situated upon
those lands for the City;
7
License Agreement
The City of Saint John — Saltyjam Festival Inc. — Saint John Parking Commission
Page 2 of 4
AND WHEREAS the Licensee wishes to use that portion of PID number
55011894 shown outlined in pink on Schedule A attached hereto and forming
part hereof;
AND WHEREAS the City by resolution adopted , 2013
resolved to permit the Licensee to use those lands shown on Schedule A for a
live entertainment event on July 4, 5, 6 and 7, 2013;
NOW THEREFORE THIS LICENCE WITNESSETH that in consideration
of the sum of two ($2.00) Dollars of lawful money of Canada now paid by the
Licensee to the Licensor, the receipt and sufficiency of which is hereby
acknowledged, the Licensor does hereby grant, subject to the terms, conditions,
covenants and provisions herein contained, permission and Licence to the
Licensee to use that portion of PID number 55011894 shown outlined in pink on
Schedule A for a live entertainment event on July 4, 5, 6 and 7, 2013 on the
following terms and conditions.
IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS.
1. The License shall be for a period of 4 days, commencing July 4, 2013 at
6:00 p.m. and terminating July 7, 2013 at midnight.
2. The Licensee shall pay to the Licensor for the privileges herein granted
the sum of two ($2.00) dollars of lawful money of Canada.
3. Notwithstanding anything else herein contained, this Licence may be
terminated forthwith without notice to the Licensee in the event that the
Licensee shall, in the opinion of the Licensor, be in breach of any of the
terms and conditions of this Licence
4. No transfer or assignment of this Licence or of any of the rights or
privileges herein granted shall be made, or caused or permitted to be
made by the Licensee.
5. The Licensee covenants and agrees with the Licensor as follows:
a) It shall comply with the terms and conditions outlined in Schedule B
attached hereto and forming part hereof.
b) It shall, at no expense to the Licensor, obtain and maintain in full force
and effect during the entire term of this Licence, a Commercial General
10
License Agreement
The City of Saint John — Saltyjam Festival Inc. — Saint John Parking Commission
Page 3 of 4
Liability Insurance policy with policy limits of not less than two million
dollars ($2,000,000.00) inclusive per occurrence for bodily injury and
property damage; which policy shall name the Licensor as an
additional insured and shall contain a cross - liability clause;
c) that it shall, on or before June 28, 2013, submit to the Licensor a
Certificate of insurance or other satisfactory evidence of having
obtained and maintained the insurance coverage required at
paragraph b) hereof;
IT IS FURTHER MUTUALLY AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
5. No change or modification of this Licence shall be valid unless it is in
writing and signed by all parties to this Licence.
6. This Licence supersedes and takes the place of all prior agreements
entered into by the parties with respect to the Live Entertainment event which is
to take place on July 4, 5, 6 and 7, 2013.
7. This Licence shall not be enforced or bind any of the parties thereto, until
executed by all the parties named in it.
8. Notwithstanding any clauses herein, the Licensee does hereby indemnify
and save harmless the Licensor from all damages, cost, claims, demands,
actions, suits or other proceedings by whomsoever claimed, made, brought or
prosecuted in any manner and whether in respect of property owned by others or
in respect of damage sustained by others based upon or arising out of or in
connection with the use of the Lands pursuant to the within Licence or anything
done or purported to be done in any manner hereunder, except for damages
caused by the Licensor's negligence.
THIS LICENCE shall enure to the benefit of and be binding upon
successors and permitted assigns of the parties hereto respectively.
11
License Agreement
The City of Saint John — Saltyjam Festival Inc. — Saint John Parking Commission
Page 4 of 4
IN WITNESS WHEREOF the parties hereto have caused these presents
to be duly executed the day and year hereinbefore written.
SIGNED, SEALED & DELIVERED)
In the presence of: ) THE CITY OF SAINT JOHN
Mayor
Common Clerk
Common Council Resolution:
, 2013
SALTYJAM FESTIVAL INC.
Per:
Karla McLean, Chair
SAINT JOHN PARKING COMMISSION
Per:
Donna Reardon, Chairman
And:
Lionel Bordage , Secretary- Treasurer
12
SMDU 4
13
Schedule "B"
Terms and Conditions — 2013
Parking Lot Usage
The Saint John Parking Commission will review each request from local
businesses or community events to use our parking lots based on the following
criteria:
1. Alcohol
■ Copy of the Liquor License provided to the Saint John Parking Commission
■ Alcohol is only to be dispensed on the site indicated on the application that is
provided to the applicant.
• Alcohol may not be consumed outside designated areas during the specific
event, and under conditions of the license, municipal and provincial by -laws
and legislation.
■ Particular attention must be paid to security and safety. (Refer to Security
Section)
2. S curl
• The organizer is responsible for security of the area where the event is taking
place.
• The organizer must retain the services of the Saint John Police Force to
provide security and provide other security personnel as required by the
police department.
• The organizer is responsible for providing signage in the parking lot area, as
required, to allow notice to the general public of the event.
3. Gen�Gonditions
• Any approval is always subject to any lease held by the Saint John Parking
Commission
14
2
■ No parking or storage of materials will be permitted in common alley ways,
walkways or fire lanes.
■ The event area must be fenced or barricaded to dearly define event area.
■ Each request must dearly show the layout of the event, the type of event,
event times and estimated number of people attending.
■ Consent of Common Council is required if any part. of the event is held on
City -owned property.
■ A damage deposit of $500 - $1,000 will be required, payable to the Saint John
Parking Commission, and must be received 48 hours prior to the event.
■ $2,000,000 Liability insurance is required and must contain the following
clauses:
1. Policy must show the Saint John Parking Commission and the City of
Saint John (when City -owned land is used) as insured on the policy.
2. Policy must indemnify the Saint John Parking Commission and the City of
Saint John (when City -owned land Is used) against any claims or loss
incurred as a result using our parking lot for a special event.
3. Proof of insurance with the appropriate clauses must be provided to the
Saint John Parking Commission office seven (7) days prior to the event.
■ Use of the parking lot for special events other than community events such as
the Saint John Jazz & Blues Festival and Festival by the Sea, will only be
Permitted on Friday or Saturday evenings.
• Set up for any special event will be reviewed by the Saint John Parking
Commission and arrangements made with the organizer.
• Music will not be permitted before 8:00 p.m. on the evening of the event and
must and by 1:00a.m.
■ All people must vacate the special event area by 1:30 a.m. on the evening of
the event.
• Any expenses incurred such as towing, signage, damage to the parking lot
area, including but not limited to landscaping, will be the responsibility of the
event organizers.
■ We do not guarantee vacant possession.
15
■ AN sound levels, including artist and music equipment, must maintain volumes
no more than 88 Db at 10 meters from the sound source with peak
frequencies no louder than 101 Db. In addition, the organizer must comply
with our request by the Saint John Polio Force to lower music levels, if
required.
■ Any request for use of our parking lots must be made at least 60 days prior to
event to allow for approval by the Saint John Parking Commission, the Saint
John Police Force and Common Council.
• Any request will require the approval of the above parties before any
agreement is finalized.
■ Any contract or agreement must be signed by individuals who have
appropriate signing authority for a company or Individual.
■ The Saint John Parking Commission reserves the right to charge a rental fee
for the parking lot, depending upon the type of event and revenues
generated.
• The Saint John Parking Commission reserves the right to waive any of the
conditions herein.
16
SAINT JOHN BOARD
OF POLICE
COMMISSIONERS
PO Box 1971
Saint John, New Brunswick
Canada E2L 4L1
Bureau des Commissaires du
Service de Police de Saint John
C.P. 1971
Saint John Nouveau - Brunswick
Canada E2L 4L 1
CHRISTOPHER WALDSCHUTZ
Chair/ President
DAVID EMERSON
Vice Chair/Vice President
MARY- EILEEN O'BRIEN
S e cre to ry/Se cre to ire
MAYOR IVAN COURT
Commissioner/ Commissaire
JONATHAN FRANKLIN
Commissioner /Commissaire
PETER MCGUIRE
Commissioner /Commissaire
TIMOTHY CHRISTIE
Commissioner /Commissaire
WILLIAM G. REID
Chief of Police /Chef de Police
JACKIE FERRAR
Executive Administrator/
Secretaire Administrative
Teleph one/Tele phone:
(506) 674 -4142
Fax/Telecopieur.
(506) 648 -3304
E- mail/Cournek
Aolicecommission@saing hn.c
a
Explore our past/
Explorez notre passe
Discover your future/
Decouvrez votre avenir
May 8, 2013
PUBLIC SESSION
M&C 2013 -94
Mayor Mel Norton and Members of
Common Council
Your Worship and Councillors:
Re: Saint John Police Force - December 2012 Financial Results
The Saint John Board of Police Commissioners, at its meeting on
Tuesday, May 7, 2013 accepted and approved the Saint John Police
Force 2012 Operating Budget - December Financial Results.
On behalf of the Saint John Board of Police Commissioners, I am
pleased to provide a copy of this report to Common Council in
accordance with Section 7(3) of the New Brunswick Police Act.
Respectfully submitted,
C)
Christopher Waldschutz
Chairman
Saint John Board of Police Commissioners
/jaf
encl.
17
REPORT TO SAINT JOHN BOARD
OF POLICE COMMISSIONERS
•
PUBLIC SESSION
May 7, 2012
Chris Waldschutz, Chairman and
Members of the Board of Police Commission
Chairman Waldschutz and Members
SUBJECT
2012 Operating Budget — December Financial Results
BACKGROUND
The purpose of this report is to provide the Board with a update on the (unaudited)
financial position of the Saint John Police Force's Operating Budget for the year
ended December 31, 2012.
FINANCIAL POSITION/RESULTS
For the period ended as at December 31, 2012, the Saint John Police Force was
over budget by $8,998 or 0.04 %.
There were six key revenue /expense categories that contributed to this budget
variance.
1. Revenue Surplus - $225,887.
2. Salaries and Wages were under budget by $207,603.
3. Overtime costs exceeded budget by $344,441.
4. Wage costs for On -Cali and Court Time were over budget by $129,894.
5. Fringe Benefits were over by $56,590.
6. Good and Services were under budget by $88,437.
W
Chris Waldschutz, Chairman and
Members of the Board of Police Commission
May 7, 2013
Page 2
Subject: 2012 Operating Budget — Year -End Financial Results
Budget Analysis
REVENUE OFF -SETS
The $225,887 surplus is a credit against operating expenses. The additional
revenue recovered for extra -duty assignments and other miscellaneous revenue is
a direct offset to the total expenses for the year.
Budget
Revenue Source Variance
Prisoner Lodging $4,356
Accident Reports 2,350
Taxi Licences 6,095
Security Clearances 17,997
Secondments and Peacekeeping Missions (5,526)
Extra -Duty Billings and Misc. Revenue 200,615
$225,887
SALARIES AND WAGES
Police officer salaries were under budget by $196,391. This variance results from
vacancies that occurred in 2012.
OVERTIME
Saint John Police Association
The overtime costs were over budget by $324,430. The Patrol Division accounted
for $210,118 and the Criminal Investigation Division was over budget by $92,559.
This overall variance in overtime for both divisions is reduced by $200,615 in
revenue that was recovered from billings to third parties for extra -duty
assignments.
19
Chris Waldschutz, Chairman and
Members of the Board of Police Commission
May 7, 2013
Page 3
Subject: 2012 Operating Budget — Year -End Financial Results
OTHER PERSONNEL COSTS
Court Time - Local 61
The cost for court time exceeded budget by $121,969.
GOODS & SERVICES
The various Goods and Services accounts were under budget by $88,437. This
favourable variance for Goods and Services was significant accomplishment
considering the rent for City Hall exceeded budget by $73,821 due to the one
month delay in moving to Peel Plaza. The overall savings were achieved by
deferring or making the decision not to make certain purchases in 2012.
CONCLUSION
The 2012 budget year was a difficult time for the Force with unprecedented
change, unplanned expenditures, and the move to the new police headquarters
that had many unknown factors.
Delivering a balanced budget for 2012 is another example of the high level of
stewardship and professionalism demonstrated by the senior management team
of the Force.
The number one goal was to provide a value -added service to the citizens of Saint
John while continuously monitoring and maintaining operating costs to stay within
the 2012 Operating Budget approved by Common Council.
RECOMMENDATION
• It is recommended that the Board accept and approve this Financial
Report for the period ended as at December 31, 2012 and forward a copy
to Common Council as required under Section 7 (3) of the New
Brunswick Police Act.
20
Chris Waldschutz, Chairman and
Members of the Board of Police Commission
May 7, 2013
Page 4
Subject: 2012 Operating Budget — Year -End Financial Results
Attached reports and documents:
• Budget Variance Analysis - December 31, 2012
• Consolidated Statement of Operations - Comparative Report 2012 vs.
2011
Respectfully submitte ,
Marve E. Corscadden, CGA
DIRECTOR HR & FINANCE
4
Willia e
C OF POLICE
21
April 11, 2013
Saint John Police Force
Consolidated Statement of Operations
For the Period Ended December 31, 2012
2012 2091
Budget Actual Variance Budget Actual Variance
Salaries & Wages
14,416,829
14,209,226
207,603
14,578,179
14,864,076
(285,897)
Overtime
255,837
600,278
(344,441)
258,837
658,655
(399,818)
Other Personnel Costs
158,600
288,494
(129,894)
193,200
353,918
(160,718)
Fringe Benefits
3,598,646
3,655,236
(56,590)
3,665,411
3,825,602
(160,191)
Total Wages & Fringe Benefits
18,429,912
18,753,234
(323,322)
18,695,627
19,702,251
(1,006,624)
General Services
666,500
701,074
(34,574)
666,500
682,996
(16,496)
Insurance
95,500
72,810
22,690
109,683
64,316
45,367
Professional Services
344,370
325,971
18,399
421,000
397,683
23,317
Other Purchased Services
154,500
235,350
(80,850)
124,500
165,046
(40,546)
Repairs & Maintenance
197,667
143,401
54,266
131,000
210,630
(79,630)
Rentals
1,179,500
1,289,238
(109,738)
959,000
1,053,717
(94,717)
Purchased Goods
541,060
435,012
106,048
516,560
557,713
(41,153)
Government Services
13,000
10,601
2,399
12,500
10,155
2,345
Internal Corporate Charges
759,356
749,791
9,565
744,356
700,819
43,537
Asset Purchases
342,700
242,467
100,233
518,700
373,314
145,386
Total Goods & Services
4,294,153
4,205,715
88,437
4,203,799
4,216,389
(12,590)
Revenue Off -Set for 2011
-
-
150,000
1,177,610
1,027,610
Surplus /(Deficit)
$ 22,724,065
$ 22,958,949 $
(234,885)
$ 22,749,426
$ 22,741,030
$ 8,396
-1.03% 0.04%
22
SAINT JOHN POLICE FORCE
BUDGET VARIANCE ANALYSIS
For the Period Ended December 31, 2012
Budget Expenses Variance Current Variance is:
Timing I Actual
$ 22,724,065 1 $22,958,640 1 t$2
Expense Category Variance
Revenue $225,887
Salaries & Wages $207,603
Overtime ($344,441)
23
Explanation of Variance
Prisoner Lodging $4,356
Accident Reports $2,350
Taxi Licences $6,095
Security Clearances $17,997
Secondments and
Peacekeeping Missions ($5,526)
Extra -Duty Billings &
Miscellaneous Revenue $200,615
$225,887
• Salaries- Non -Union under budget by
$23k.
• Salaries -Local 486 under budget by
$14k.
• Police Officer salaries under budget by
$196k and this was the result of
vacancies in 2012.
• Crosswalk Guards over budget by
($23k).
• Overtime -Local 486: Over budget by
($20k)
• Overtime -SJPA- Patrol: Over budget by
($210k) and this variance is reduced by
the revenue generated from Extra —Duty
assignments.
• Overtime-SJ PA-C rim inal
Investigations: Over budget by ($93k)
and this variance is reduced by the
revenue generated from Extra —Duty
assignments.
Saint John Police Force — December 2012 Budget Variance Analysis
Expense Categog
Variance
Other Personnel Costs
($129,894)
Fringe Benefits
($56,590)
General Services
($34,574)
Insurance
$22,690
Professional Services
$18,399
24
Explanation of Variance
• On -Call: On -Call Pay is over budget by
($8k).
• Court Time: Over budget by ($122k).
• Benefits are calculated at 24.5 %. This
expense is directly proportional to actual
wages and other earnings for the year.
• Telephone: Under budget by $67k.
• Radios: Over budget by ($291k).
• Travel: Under budget by $17k.
• Employer Training: Under budget by
$94k and this results from
the timing between the budget allocation
and when training courses are offered by
the employer.
• Employee Initiated Training: Over
budget by ($192k) and this results from
the timing between the budget allocation
and when employees accumulate their
funding (carry up to 3 years) in their
account prior to taking a course.
• Deductible Account: Under budget by
$22k and this relates to the timing of any
charges back to Police via the City's
insurance department for 3rd party
claims.
• Legal Expense — Over budget by ($59k)
and this expense relates to labour
management issues and NB Labour
Board and /or arbitration hearings.
• Detention Security — Corp
Commissionaires — Under budget by
$24k and there is an outstanding charge
from NB Sheriff for guard services render
at Peel Plaza in Nov- December 2012.
• Other Expense - This expense category
is under budget by $53k and this saving
will be used to offset other unplanned
expenditures in 2012.
2 1 Page
Saint John Police Force — December 2012 Budget Variance Analysis
Expense Category Variance
Other Purchased Services ($80,850)
Repair & Maintenance $54,266
Rentals ($109,738)
Purchased Goods $106,048
Explanation of Variance
• Cleaners - This expense was over
budget by ($37k) and it is the cost for
regular cleaning of City Hall, Community
Police Offices and other district police
stations in 2012.
• Other Purchase Services - This
expense is over budget by ($50k) and
this is the timing difference between the
monthly budget allocation and the
acquisition of services.
• Computer Maintenance $53k. This
expense variance relates to the timing of
the annual billing for computer
licence /maintenance contracts and the
allocation of the budget.
• Vehicle Rentals -SCU - This expense is
over budget by ($30k) and this
represents the additional rental of
unmarked vehicles for Street Crime
Operations. A portion of this rental costs
were recovered from CISNB relating to
certain special operations.
• City Hall Rental - The annual lease
charge for City Hall exceeded budget by
($74k). There were additional lease
costs incurred with the delay in the move
to ONE Peel Plaza in November 2012.
• Other Goods — Under budget by $22k.
• Imprest Fund ($10k) — Timing difference
between the budget allocation and the
replenishment of the Imprest Fund based
on investigations and the usage of paid
informants.
• Special Operations $37k — Timing
difference between the budget
allocation and when special Investigative
Operations are launched and completed
in 2012.
3 !'ale
25
Saint John Police Force — December 2012 Budget Variance Analysis
Expense Category Variance Explanation of Variance
Government Services $2,399 No significant variance at the end of
December 2012.
Internal Services $9,565 Fleet Maintenance - $97k — The
maintenance costs at the end of
December 2012 was under budget.
• Fleet Fuel - ($69k) — The fuel costs at
the end of December was over budget
and this is due to high fuel prices in
2012.
• Building Maintenance - ($31k) — The
expense to maintain and repair all the
Police operated facilities was over
budget in 2012.
• Evergreen Computer Replacement
Program - $13k — The monthly lease
charges for the evergreen computer
replacement was under budget at the
end of December 2012.
Asset Purchases $100,233 . Vehicles $73k —The budget for new
marked and unmarked police units was
under budget at the end of 2012.
• Other Assets — Under budget by $28k
and this is a timing difference between
the budget allocation and the acquisition
of other assets.
+4 q _2
26
REPORT TO COMMON COUNCIL
M &C2013 -98
May 14, 2013
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: Harbourview Subdivision Wellfield Protection - Update
PURPOSE:
l
The City of Saint John
The purpose of this report is to update Council on the progress of the wellfield protection project
for the Harbourview Subdivision.
BACKGROUND:
On August 29, 2011 Common Council approved the recommendation of M &C 2001 -178
directing staff to proceed with the required work to protect Seaward Crescent and Ocean Drive
Wellfields under the Clean Water Act, Regulation 2000 -47.
Approximately 252 homes in the Harbourview Subdivision receive drinking water from two (2)
wells operated by the City of Saint John as part of its formal Approval to Operate drinking water
facilities, as issued by the Minister of Environment. The primary well on Seaward Crescent
typically services the demand of the subdivision; the back -up well is on Ocean Drive. The wells
date back to the early 1970s.
In recognition of the need to protect vital groundwater supplies, the Province introduced a
Wellfield Protection Program (WPP) in October 2000. The Program enables the Minister, with
the approval of the Lieutenant - Governor in Council, to issue a Wellfield Protected Area
Designation Order under the Clean Water Act, Regulation 2000 -47 — for the purpose of
protecting the quality and quantity of municipal groundwater sources. I
When a wellfield area is so designated, prohibitions or limitations on chemical storage and land
use can be imposed for the good of the public groundwater supply. It makes far more sense to
prevent water contamination in the first place than to try to clean up a contaminated wellfield or
find an alternative source of drinking water.
1 New Brunswick Regulation 2000 -47 under the Clean Water Act, 2000
27
M &C2013 -98
May 14, 2013
Page 2
Within a designated protected area, the Minister of Environment may:
1. Allocate the use of water;
2. Control, prohibit, or limit any activity or thing which might impair the quality or quantity
of the water;
3. Restrict or prohibit unsuitable land uses; and
4. Establish and enforce guidelines and standards for the purpose of protecting the quantity
and the quality of the water supply.
The WPP provides the means to protect the ground water supply while ensuring equitable
consideration for property owners within the designated area. Officials from Saint John Water
and the New Brunswick Department of Environment have been working collaboratively to have
the Harbourview wellfield recharge areas designated as protected under the Clean Water Act,
Regulation 2000 -47.
The Department of Environment and Local Government is in the final stages of the designating
process which will culminate in the inclusion of the Harbourview Subdivision Municipal
wellfield under the Wellfield Protected Area Designation Order of the Clean Water Act. The
Department of Environment and Local Government has requested from all Municipalities
confirmation prior to this final step that each Municipality wishes to continue with the Wellfield
Protected Areas Designation Order for each Municipality's respective wellfields.
RECOMMENDATION:
It is recommended that
1. Common Council receive and file this report; and
2. Authorize staff to forward a letter to the Department of Environment
Government on behalf of the City of Saint John expressing the continued
protecting Seaward Crescent and Ocean Drive Wellfields under the Clean
Regulation 2000 -47.
Respectfully submitted,
Kendall Mason, P. Eng., PMP
Deputy Commissioner, Saint John Water
Wm. Edwards, . Eng.
Commissioner, J. Patrick Woods, CGA
Transportation & Environment City Manager
28
and Local
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M
PROCLAMATION
WHEREAS: the Greater Saint John Safe Kids Committee in the
City of Saint John, County of Saint John, Province of
New Brunswick is concerned about the safety and
health of its citizens; and
WHEREAS: Safe Kids Week as presented by Greater Saint John
Safe Kid's Committee, is dedicated to preventing and
reducing all injuries especially those which lead to
disability and death in the City of Saint John, the
committee wishes to inform citizens that MOST
injuries are preventable by looking first before you do
something, wearing the proper gear, especially
helmets, and getting proper training in whatever you
do; and
WHEREAS: this year's campaign "Heads Up! Be Alert. Be Safe.
Be Aware of Concussions" encourages each
responsible person to take measures to ensure their
safety, as well as the safety of others they are
responsible for; and that they are fully aware of the
possible dangers in and outside of the home; and will
take due and diligent care to prevent concussions and
head injuries thru education about prevention and
recognition of the signs & symptoms of concussion
including return to activity guidelines; and
WHEREAS: the committee will be holding the 17th annual Safe
Kid's Fun Day & Expo on Saturday, June 1 st, from
10:30am until 2:30pm at the Rockwood Park Kiwanis
Play Park; and
NOW THEREFORE: 1, Mayor Met Norton, of the City of
Saint John do hereby proclaim the week of May 27th thru June 2nd as
National Safe Kid's Week and call upon all citizens and urge everyone
to take the time to prepare yourselves and your children to tl
first, this week and every week thereafter.
In witness whereof I have set my hand and affixed the official
Mayor of the City of Saint John.
W
PROCLAMATION
WHEREAS: The Canadian Association for Conservation of Cultural
Property is having their 39th Annual Conference in
Saint John; and
WHEREAS: The Canadian Association for Conservation of Cultural
Property is the leading professional association for the
preservation of cultural property in Canada; and
WHEREAS: Cultural property gives Saint John citizens a sense of
place, of history, and of artistic expression; and
WHEREAS: The preservation of cultural property is a challenge
which we must face to save our history and culture.
NOW THEREFORE: 1, Mayor Mel Norton,
Saint John do hereby proclaim the week
Conservation of Cultural Property Week.
of the City of
of May 20 -25, 2013 as
In witness whereof I have set my hand and affixed the official seal of the
Mayor of the City of Saint John.
31
*aint 30n, Pebi )Brun -5wir , CCa nab
A
V CDCYaTriatiDlt
"CCou .5erbatiou of Cultural vropertp Veep"
WHEREAS the Canadian Association for Conservation of Cultural
Property is having their 39th Annual Conference in Saint John; and
WHEREAS the Canadian Association for Conservation of Cultural
Property is the leading professional association for the preservation
of cultural property in Canada; and
WHEREAS Cultural property gives Saint John citizens a sense of
place, of history, and of artistic expression; and
WHEREAS the preservation of cultural property is a challenge which
we must face to save our history and culture.
NOW THEREFORE we do by these present proclaim and declare
that the week of May 20th -25th, 2013, inclusive, shall be known as
"CONSERVATION OF CULTURAL PROPERTY WEEK"
Given at Saint John City Hall, in the Province of New Brunswick, this
thirteenth day of May, in the year two thousand and thirteen.
Mel K. Norton
32 Mayor
The racy of Saint )ohn
May 21, 2013
His Worship Mayor Norton
And Councillors
Your Worship and Councillors
SUBJECT: Proposed Municipal Plan Amendment — 220 Glen Road
A Public Presentation was made on April 15`h, 2013 of a proposed amendment to the
Municipal Development Plan which would redesignate on Schedule A of the Plan, a
parcel of land with an area of approximately 11 hectares, located at 220 Glen Road, also
identified as PID number. 00420386 and a portion of PID number. 00300855, from Rural
Resource Area (outside of the Primary Development Area) to Stable Area (within
the Primary Development Area); and to redesignate on Schedule B of the Plan, the
same parcel of land, from Rural Resource (outside of the Primary Development
Area) to Stable Residential (within the Primary Development Area) to permit the
expansion of an existing mobile home park.
The required advertising has been completed, and attached you will find a copy of the
application and public notice of the proposed municipal plan amendment.
If Council wishes, it may choose to refer the matter to the Planning Advisory Committee
for a report and recommendation and authorize the necessary advertising with a Public
Hearing to be held on Tuesday July 2nd, 2013 at 6:30 p.m. in the Council Chamber, or
not to proceed with the proposed amendment process, and adopt a resolution to deny
the application and receive the attached documentation for information.
Respectfully submitted,
Jonathan Taylor
Common Clerk
Attachment
&AINT ;OHN P.O. Sox 1971 Saint john, N8 Canada Mjtl I uwwv saingohn.ca I CA 1971 Saint john, N.-B. Canada E2L 41-1
(aussi disponible en franpois)
Type of Application
®
®
Municipal Plan Amendment
Zonin law Amendment
❑ Subdivision
❑ Variance
❑ Similar /Compatible Use
❑
Amendment to Section 39 Conditions
Conditional Use
T
❑ Temporary Use
❑ Change / Re- establishment of
❑
Zoning Confirmation Letter
❑ Letter for Liquor Licensing
Non - Conforming Use
Contact Information
Name of Applicant Hughes Surveys & Consultants Inc. on behalf of 632504 New Brunswick Ltd
Mailing Address of Applicant (with Postal Code) 575 Crown Street, Saint John, NB E2L 5E9
Home Telephone Number
Fax Number
Work Telephone Number 506 -634 -1717 (Rick Turner)
506- 634 -0759 E -mail
Name of Property Owner (if different from applicant)
Mailing Address (with Postal Code)
Property Information
Location
Glen Falls Mobile Home Park
Civic # Street
Existing Use of Property Vacant Land
rt@hughessurveys.com
632504 New Brunswick Ltd.
c/o Hughes Surveys
Portion of PID 00300855 & PID 00420836
PID
Proposed Use of Property Land Lease Community
Existing Plan Proposed Plan Low Density Residential (an adjustment to the
Designation of Property: Rural Resource Designation of Property: primary development area boundary is also
required)
Existing Zoning of Property RS -2 Proposed Zoning of Property RS -2 (Conditional Use)
Description of Application
Describe what you propose to do (attach additional pages if necessary).
Refer to attached
NOTE: If the applicant is NOT the owner, the Owner's signature or authorization (in writing) to submit this applicati is
required.
Signature of Applican Signature of Owner
Rick Sumer — Hughes Surveys &Consultants Inc. ajid Debly — 632504 New Brunswick Ltd.
Date
For Office Use Only
Reviewed by
Development Officer
Information Accompanying Application:
Date
❑
Letter of Intent
❑
Tentative Subdivision Plan
❑
Site Plan
❑
Building Elevations
❑
Fee
❑
Other
❑ Floor Ph
❑ Sign Dra
P.O. Box 1971 Saint John, NB Canada E2L 4L1 www.saintjohn.ca C.P. 1971 Saint John. N. B. Canada E21_41_1
34
SAINT JOHN
PROPOSED MUNICIPAL PLAN
AMENDMENT
RE: 220 GLEN ROAD
Public Notice is hereby given that the Common
Council of The City of Saint John intends to
consider an amendment to the Municipal
Development Plan which would:
1. Redesignate, on Schedule A of the Plan, a parcel
of land with an area of approximately 11 hectares,
located at 220 Glen Road, also identified as PID
No. 00420386 and a portion of PID No. 00300855,
from Rural Resource Area (outside of the Primary
Development Area) to Stable Area (within the
Primary Development Area), as illustrated below;
2. Redesignate, on Schedule B of the Plan, the
same parcel of land, from Rural Resource (outside
of the Primary Development Area) to Stable
Residential (within the Primary Development
Area).
[INSERT MAP]
A public presentation of the proposed amendment
will take place at a regular meeting of Common
Council on Monday, April 15, 2013 in the Council
Chamber, Lobby Level, City Hall.
REASON FOR CHANGE:
To permit the expansion of existing mobile home
park.
Written objections to the proposed amendment may
be made to the Council, in care of the undersigned,
by May 15, 2013. Enquiries may be made at the
office of the Common Clerk or 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.
If you require French services for a Common
Council meeting, please contact the office of the
Common Clerk.
35
PROJET DE MODIFICATION DU PLAN
MUNICIPAL
OBJET: 220, CHEMIN GLEN
Par les pr6sentes, un avis public est donne par
lequel le conseil communal de The City of Saint
John a l'intention d'etudier la modification du plan
d'am6nagement municipal comme suit:
1. Modifier la designation, a 1'annexe A du plan,
d'une parcelle de terrain d'une superficie d'environ
11 hectares, situ6e au 220, chemin Glen, et portant
le NID 00420386, et 6tant aussi une partie du NID
00300855, afm de la faire passer de secteur de
ressources rurale (hors du principal secteur de
developpement) a secteur stable (dans le principal
secteur de developpement), comme it est indiqu6
ci- dessous.
2. Modifier la designation, a 1'annexe B du plan, de
la parcelle de terrain pr6cit6e, afin de la faire passer
de secteur de ressources rurale (hors du principal
secteur de developpement) a secteur residentiel
stable (dans le principal secteur de
developpement).
[INSERER LA CARTE]
Une pr6sentation publique du projet de
modification aura lieu lors de la rdunion ordinaire
du conseil communal le lundi 15 avril 2013 daps
la salle du conseil, au niveau du hall d'entr6e, a
1'h6tel de ville.
RAISON DE LA MODIFICATION:
Permettre 1'expansion du pare de maisons mobiles
existant.
Veuillez faire part au conseil par 6crit de vos
objections au prof et de modification au plus tard le
15 mai 2013 a 1'attention du soussign6. Pour toute
demande de renseignements, veuillez communiquer
avec le bureau du greffier communal ou le bureau
de 1'urbanisme et du d6veloppement A 116tel 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 f6rids.
Si vous avez besoin des services en frangais pour
une rdunion de Conseil Communal, veuillez
contacter le bureau du greffier communal.
Jonathan Taylor, Assistant Common Clerk Jonathan Taylor, greffier communal adjoint
648 -3703 648 -3703
M
Tibbits, Kelly
Subject: FW: Glen Falls Mobile Home Park Expansion Plan
From: Lynn Fullerton fmailto :lynn.fullertonl @hotmail.com]
Sent: May -09 -13 3:10 PM
To: Taylor, Jonathan
Subject: Glen Falls Mobile Home Park Expansion Plan
To Whom It May Concern
I wish to express my objections to the proposed municipal plan admendment at 220 Glen Road if construction
vehicles plan to utilize Simpson Drive to access the work site. Simpson Drive is a designated "no truck" route.
When heavy trucks utilize this street it causes my house to shake and I fear foundation damage.
I also object to this admendment if the proposed extension to Glen View Drive is not completed at the
beginning of the construction. As a residential street, Simpson Drive currently has extensive vehicle traffic
and, in my opinion, is unable to comfortably support additional traffic.
Your consideration of this matter will be appreciated.
Lynn Fullerton
76 Simpson Drive
634 -1936
�7
May 13, 2013
His Worship Mel Norton and
Members of Common Council
Your Worship and Councillors:
Subject: Adopt a Corner Beautification Project
It is described as the little project with a big impact and arguably the spirit of this motion is born
from an idea that began in 2007 and is best described
here: http: / /www.downtowncharlottetown.com /Files /Adoptacorner.pdf or you may refer to
the attached appendix A.
The aim of this referral motion is to transplant an idea for increased beautification, community
engagement and ownership as it relates to our environment. Currently, there are areas that do
exist alongside our road & sidewalk network that are suitable for planting. The project allows an
adopting business to choose an approved corner (often in close proximity), with whatever
garden plants they desire with a standardized sign promoting the adopting company.
The process can be refined to meet resource capacity but it would include a business contacting
the City of Saint John or Uptown Saint John in the BIA; requesting permission to adopt a small
pocket garden. The City of Saint John can prepare the soil for planting and issue a standardized
sign acknowledging who the adopting business is. The adopting business is responsible for
purchasing the plants, planting and help maintaining the space provided.
Motion: (1.) Refer to Uptown Saint John for consideration; (2.) Refer to the City Manager to
direct to the appropriate department if appropriate in the opinion of the City Manager.
Respectfully Submitted,
(Received via email)
Greg Norton
Councillor —Ward 1
City of Saint John
�r
VU
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
38
Appendix A
Downtown Charlottetown Inc.
Adopt a Corner Story;
The little project with the big impact.
DCI promotes, manages and grows our Adopt a Corner Project. We refer to this as "the little project
with big effect. The program began in 2007. The major Streetscape renovation had just been completed
on lower queen Street. The new sidewalk and interlocking brick parking areas looked great but the area
around the newly planted trees look less then appealing in its current state of mud. One of our board
members and local architect ... who had an office on that street, called Karen at city Hall to ask if he
could plant some flowers in his newly acquired muddy patch to try to spruce up the area. Of course
Karen said sure. DCI felt this was a good idea that could easily be applied to the rest of the BIA. We'd
seen a similar project applied to the street in Charlotte, SC and so we had a vision for what could happen
if we opened up downtown Charlottetown corners to local businesses to adopt. A quick call to City Hall
to seek permission to put the rest of the corners up for adoption and our program was born "Adopt a
Corner ".
The DCI office began right away calling on our members and placing ads to encourage business and
property owners to adopt their corners, or the corner around the corner, or any grassy knoll in the BIA.
Now here's the beauty of Partnering with the City. DCI has few resources for staffing but our partners at
City Hall came on board to say that they would; 1. Dig the garden plot and prepare the soil of planting
and 2. Maintain the gardens throughout the summer having their staff weed and water each corners. This
took a huge responsibility off the property owners. The businesses that choose to adopt a corner needed
only to purchase whatever plant material they liked and as much as they wanted. Most made the planting
a fun team event on a Saturday or warm June evening. DCI plants a prominent "Garden Adopted by..."
sign in each garden to promote the adopting company. Still the sales pitch to participants wasn't an easy
one as there was a worry that they might make this investment only to have their plants pulled out or
gardens trampled by late night summer party goers. That first year we were able to get 7 corners adopted
and there were no lost or trampled gardens. The next year we had 20 and last year we had 49.
Here's another bonus we found with our garden project. Never before were store and property owners
able to contribute to the beautification of not only their property but the city core to this extent. It gave
these folks ownership of their portion of the project... and pride in their accomplishment. This truly is a
fully shared project for the entire downtown business community. A real "feel good" win win process.
These little pocket gardens add so much to the beautification of the City. We receive complements from
locals and visitors. The gardens are photographed often sometime because they are so beautiful and
unique sometimes to take the idea home. No too are alike and there are no restrictions on what can be
planted. If you position yourself just right on one street corner and look around you — you can see as
many as 12 different gardens.
This year we already have 5 new requests for garden spaces and not just from our members, for example
the Women's Institute see this as a way to contribute to the City Beautification, IODE is celebrating an
anniversary this year so they want to commemorate that date with a garden ... the Charlottetown Rotary
Club would like to have a larger prominent garden on Queen Street. Now we are in the position ...
along with our devoted partner at the City, Jerry Mac, to look for additional space that we can dig up for
gardens.
W
We can't say enough how important partners are in this wonderful little project. Everyone likes a little
completion and nothing makes you want to step things up a notch more than seeing what your neighbour
has done. The more participants that come onboard the grander the gardens become. Then there's the big
completion, the Communities in Bloom judging. The City has graciously added the Adopt a Corner
Program as a category for the annual Communities in Bloom completion. During the City's Make
Charlottetown Bloom Awards the best Adopted Corner Garden is presented with an award!
And speaking of awards, you may be familiar with the International Downtown Association; Founded in
1954, the International Downtown Association has more than 650 member organizations worldwide
including: North America, Europe, Asia and Africa. During their annual conference they host the Award
of Distinction ceremonies. Last year we are pleased to announce our Adopt a Corner project was among
the winners;
The project was one of 77 award submissions IDA received last year as part of its Downtown
Achievement Awards. "The number and breadth of entries made judging a difficult task," said Jane
Jenkins, chairman of IDA and the awards program. "The awards jury was impressed with the
accomplishments of the winners and is pleased to honor The Downtown Charlottetown Inc. Adopt a
Corner Project among them."
This really is the little project with a big impact and it is doable in any City Center large or small.
Submitted by Dawn Alan
Executive Director, DCI
40
43D
The Hardman Cfoup Limited
May 7, 2013
City of Saint John
PO Box 1971
Saint John, NB
E2L 4L 1
Attention: Mayor Mel Norton & Council
Dear Mayor & Council:
Re: Market Square Boardwalk Food Vendors
North Market Wharf
Te.n,tr, is A1: sUC4 -tr"Xl
This correspondence represents the voice of the Hardman Group Limited and the North Market Wharf
Tenants' Association; local entrepreneurs that work collectively with their Landlord and various
selectively chosen community partners that share a common vision for our city.
i
It is a primary aspect of our mandate to foster the cultural and economic growth of our region. For this
Development reason, one of our missions is to welcome all walks of life - from across the street, and across the globe
Management - to enjoy what we unabashedly proclaim as the crown jewel of our city, and Atlantic Canada as a
whole: New Brunswick's Festival Place, the Market Square Boardwalk. In addition to the nationally
Consulting recognized and award - winning businesses we provide 365 days a year, we draw hundreds of thousands
to the Uptown each year by providing community events each and every day throughout the summer
Brokerage season, at no charge whatsoever to the public.
i
It is a point of pride that we call Saint John 'home'. Each of the members of the North Market Wharf
Tenants' Association is a long -time resident of the region, and has been a significant part of the
regeneration of the waterfront area for over the past decade; not to mention that each of these
businesses has been created from the ground up right here at home.
It is with a mark of great anticipation that we follow Council's current deliberations with respect to
altering the current bylaw concerning mobile food service in the area. We are greatly pleased to note
that members of Council share in our collective vision of the development of a culturally diverse
environment Uptown. The renewal of King's Square is of particular excitement, as it supports what our
larger events that we fund, such as Canada Day and Buskers, already seek to do: to create an axis of
entertainment Uptown, and to infuse the area with energy that will act as a magnet for our citizens and
visitors alike. King's Square is an ideal location in which to house this new interest for food trucks in
the region. It allows for these new and existing entrepreneurs to have a space to create their own
dynamic to complement that of the Boardwalk (and the rest of the Uptown BIA membership), which we
are proud to have worked for over a decade to craft and hone. We applaud your efforts to further our
city's vibrancy in restoring some of its rich history and making its green space a viable venue.
One Market Square, Saint John, New Bruns 11 Canada E2L 4Z6 Tel 506.658.3600 Fax 506,658.3605
To this point, we wish to address the matter of locating seasonal business in the vicinity of the area we
lease from the City, permitting other businesses to likewise lease space in this area, at a significantly
discounted rate. This creates a disjuncture with the directive that the Association and the City have
worked together to deliver for many years. Unfortunately, this is history that we wish not to repeat, and
the past shows that it was such shortsightedness that saw the dissolution of the Boardwalk some twenty
years ago. We work diligently throughout the year to deliver the caliber of events enjoyed on the
Boardwalk each summer, and contribute a substantial amount in order to see this come to fruition: not
merely in funding of hundreds of thousands of dollars, but also in time and effort. Certainly one can
appreciate that it is inconceivable to have another business enjoy the fruits of this labour without any
contribution whatsoever.
It is already documented and understood that the events we provide create a ripple effect of profit for
those members of the Uptown Business Improvement Area as a whole; this is something which we
celebrate as we are all contributing to the same cause of the betterment of our city. These businesses also
operate 365 days a year, enjoying the bounty of busy seasons in balance with the off and shoulder seasons
as well. Yet, to move in a direction that allows for other businesses of no discerning criteria to set up for
but the peak periods, not to mention taking up valuable real estate that is used for our current free events,
is discordant with that which we have been striving to develop. This position is underscored by the fact
that there lies a prime opportunity- just a few hundred metres away in King's Square, that would see the
development of a new and welcomed concept to our city.
In summary we are requesting that any vendors setting up in this vicinity pay their proportionate share of
our annual summer promotional budget (copy attached). As you can see from this budget it is made up of
funds from each of us (The Hardman Group Limited, Saint John Alehouse, Lemongrass/Peppers Pub,
Grannan's, Cougars, Smoking Pig, and two financial partners). This does not include any funding
whatsoever from the Market Square promotional fund that the City contributes to; the summer budget is
more than the entire Market Square annual promotions budget.
We trust that our position on the circumstance, spoken both as citizens and business owners of the City,
has been well received. Should you wish to further discuss the matter, we are happy to oblige; simply
contact The Hardman Group Administration Office or anyone of us directly-, via the information provided
below, and we can convene at your convenience.
Looking forward to another season of great success in our region!
Yours very truly,
The Hardman Group Limited
Aeaffer Peterson
hpeterson@hardmangroup.ca
658 -3600
Saint John Alehouse
657 -2337
peter(a,siah.ca
Lemongrass
Phil Croft '
657 -8424
peroft@hotmail.com
Grannans
cpgrannan(c%ro ers.com
42
Cougars
Corey McGill
693 -6666
coreydmegill@gmail.com
DETAILED EXPENSE WORKSHEET
North Market Wharf Tenant,' Aa...iaGen
2013 Summer Budget
zx renses: Feb
Sunday - Sax Man / Entertainment
Mar Apr May Jun
Jul
Aux Sep Oct Nov Dec Jan
TOTAL
Monday - Cabaret
1,000
1,000
500
1,500
500
3,500
Tuesday - New Brunswick Talent
3,000
3,000
6,000
Wednesday - Saint John Idol X1
3,000
3,000
3,000
9,000
Thursday Alpine Country Star
1,000
2,000
1,000
4,000
Summer Solstice (June 21 & 22)
1,500
1,500
3,000
Canada Day Weekend (June 28 & 29)
2,000
2,000
4,000
Canada Day Countdown (June 30)
8,000
8,000
16,000
Canada Day (July 1)
10,000
10,000
Salty Jam (July 5 & 6)
1,500
1,500
3,000
Maritime Flavors (July 12 & 13)
1,500
2,000
3,500
Buskers on the Boardwalk (July 18 - 21)
3,500
3,500
7,000
Boardwalk Beach Party (July 26 & 27)
1,200
2,000
3,200
New Brunswick Day Weekend (August 2 - 5)
4,500
4,500
Sweet Sassy Molassy - Rockabilly (August 9 & 10)
3,700
3,700
Flashback to the 80's (August 16 & 17)
1,500
2,500
4,GjO
Fringe Festii. al ( Auguut 23 & 24)
1,500
1,500
3,000
Country Boardwalk Style (August 30 & 31)
500
7,000
7,500
Advertising - Radio
3,000
3,500
3,852 4,000
14,352
Advertising - Print (other than Telegraph Journal)
1,000
1,000
2,000 .
Advertising - Summer Handouts
1,200
1,200
Security for Beer Gardens (1 only)
1,500
1,500
Sound Equipment Rental for Summer
25,000
25,000
Sound Tech Requirements
10,000
10,000
20,000
Additional Sound Equipment
2,000
2,000
4,000
Contingency (d6cor, props, misc. signage, posters, fences)
2,000
1,500
3,500
Cruise Ship Entertainment
1,000 1,000
2,000
Total Expenses for Summer Events
„o -
Revenue:
Partners & Hardman Group 97,500
North Market Wharf Tenants' Association - $14,290 Per Tenant
Total Revenue 71,452 _52
43
\V.\
REPORT TO COMMON COUNCIL
M &C2013 -102 1�7
May 15, 2013'+ «� t
His Worship Mayor Me] Norton
& Members of Common Council The City of saint John
Your Worship and Members of Council,
SUBJECT: CONTRACT NO. 2013-7; ASPHALT RESURFACING — 2013 Phase H
BACKGROUND
The 20I3 General Fund Operating Budget for Transportation and Environment Services and the
General Fund Transportation Capital Program include a provision for the resurfacing of a number
of streets in the City. This is an annual program to upgrade and maintain deteriorating street
surfaces under the maintenance and capital resurfacing programs.
This contract includes all work associated with the resurfacing of a total of 16 streets or segments
of streets. This work consists generally of the supply of all necessary labour, materials and
equipment for the placement of approximately 9,194 tonnes of Superpave hot -mix asphalt. Also
included in this contract is the installation of approximately 2,920 lineal meters of concrete curb
and 1,780 lineal meters of 1.5 meter sidewalk.
TENDER RESULTS
Tenders closed on May 15, 2013, with the following results:
1. Classic Construction (2012) Ltd., Saint John, N.B. $ 1,953,770.00
2. NRB Construction Company Limited, Saint John, N.B. $ 1,976,051.17
3. Debly Enterprises Ltd., Saint John, N.B. $ 2,181,423.47
The Engineer's estimate for the work was $ 2,557,190.57
ANALYSIS
The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is
of the opinion that the low tenderer has the necessary resources and expertise to perform the
work, and recommend acceptance of their tender.
44
M &C 2013 -102
May 15, 2013
Page 2
FINANCIAL IMPLICATIONS
This contract involves work that is to be charged to various operating and capital budgets.
Assuming award of this contract to the low tenderer, the following analysis has been completed.
Combined approved budgets 2013 $1,632,284.88
Low tender net cost $1,838,283.95
Variance (shortfall) $205,999.07
The budget shortfall of $205,999.07 can be accommodated in the overall budget envelope for
Roadway Maintenance without a reduction in the scope of this contract.
POLICY CONFORMANCE
Streets being resurfaced under this contract are located in existing developed neighbourhoods of
the City or areas designated as Stable Residential in the Municipal Plan (P1anSJ). As such, the
project in in accordance with Plan policies that relate to continued maintenance of the City's
existing roadway infrastructure and the overall intent of the plan. Where warranted improvements
to the City's Active Transportation Network are incorporated in the project in accordance with the
Plan.
The recommendation in this report is made in accordance with 'the provisions of Council's policy
for the tendering of construction contracts, the City's General Specifications and the specific
project specifications.
RECOMMENDATION
It is recommended
1. that Contract No. 2013 -7: Asphalt Resurfacing — 2013 Phase II , be awarded to the low
tenderer, Classic Construction (2012) Ltd, at the tendered price of $1,953,770.00
(including HST) as calculated based upon estimated quantities;
2. that the Mayor and Common Clerk be authorized to execute the necessary contract
documents.
Respectfully submitted,
14 V"
Rod Mahaney C.E.T.
Engineering Technologist
Wm. Edwards, P. Eng.
Commissioner
Transportation and Environment
45
R. Kevin Rice B. Sc., CET
Deputy Commissioner
r
3atrick Woods, CGA
City Manager
May 21, 2013
Mayor and Council,
Subject: Committee of the Whole — Operational Assessment of the Fire Department
and Disposition and Development of City Land on the Corner of Millidge Avenue and
University Avenue
The Committee of the Whole, having met on May 13, 2013, adopted the following resolution:
RESOLVED that the Committee of the Whole recommends that:
a. The City of Saint John continue to position Fire - Rescue Services in Millidgeville and retain a
0.84 +/- acre portion of PID number 48454, being the land under and around Fire Station 8, as
generally shown on the submitted plan;
b. Declare surplus to the needs of the City of Saint John, the balance of PID number 48454 along
with PID number 380758, less any land required for public street purposes;
c. Authorize the preparation and filing of a Subdivision Plan; and
d. Authorize the issuance of a proposal call for the sale and development of the surplus property.
Sincerely,
Shelley Rinehart
Deputy Mayor
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 41-1
46
The City of Saint John
May 21, 2013
Deputy Mayor and Councillors
Subject: Committee of the Whole: Sale of Portion of City Owned Property 80
University Avenue — Gorman Arena Site
The Committee of the Whole, having met on May 21, 2013, adopted the following
recommendation:
That the City of Saint John enter in an Agreement of Purchase and Sale with SHX Development
Limited, generally in the form as submitted with the report to the Committee of the Whole, for
the sale of a portion of its property, identified as PID number 00042036, and the construction
and subsequent conveyance of a Storm Water Detention Pond; and, that the Mayor and
Common Clerk be authorized to execute the Agreement of Purchase and Sale and any other
document required to effect the transactions contemplated in the said Agreement of Purchase
and Sale.
Sincerely,
Mel Norton
Mayor
(111 1
SAINT JOHN 1? O. Box 1971 Salnt John, NB Canada f2L 4671 www.sahtjahn.ca I CJ? 1971 Saint John,, N. -B. Canada EA 40
THIS AGREEMENT made this /iday of May, 2013,
BETWEEN:
THE CITY OF SAINT JOHN, a body corporate by Royal Charter, confirmed and
amended by Ads of the Legislative Assembly of the Province of New Bnx*Wck,
(the "Vendor")
OF THE FIRST PART
!1719
SM DEVELOPMENTS LIMITED, a body corporate incorporated under the laws
of the Province of Nova Scotia, maintaining its head office in the City of Halifax,
in the Province of Nova Scotia,
(the "Purchaser')
OF THE SECOND PART
WHEREAS the Vendor Is the owner cf the land wW promises described In
Schedule "A" attached hereto identified as PID 42036 (the "Ctiy Landal and has agreed to sell
and convey a portion thereof as identified by green shading on the plan at Schedule IV
attached hereto (the "Purchased Lands') to the Purchaser, and the Purchaser has agreed to
purchase the Purchased Lands from the Vendor on the terms and conditions set forth In this
Agreement;
AND WHEREAS the Purchaser Intends to develop and construct upon the
Purchased Lands- a seniors living campus containing up to five buldinga for the care and living
accommodations of its residents (the 'Project") as generally depicted on the proposed plans
attached hereto as Schedule "C ",
NOW THEREFORE In conskteration of the mutual covenants and agreements
set forth in this Agreement, and for other good and valuable consideration, (the receipt and
sufficiency of which Is hereby acknowledged), the parties hereto covenant and agree as folows:
V� � L17T
1.1 De fnitions
The terms defined herein shall have, for all purposes of this Agreement, the following meanings,
unless the context expressly or by necessary implication otherwise requires:
"Adjustments" means the adjustments to the Purchase Price provided for and determined
pursuant to Section 3.3.
"Agreement" means this Agreement of Purchase and Sale and the Schedules attached hereto
as amended from time to time in writing by the parties hereto.
EN
2
"Business Day' means any day other them Saturday, Sunday or a statutory holiday in the City of
Saint John, New Brunswick.
Thief City Engine a shall mean the City of Saint John Common Counch appointee or his
designate.
`City Lands' has the meaning set out in the recitals to this Agreement.
"Closing" means the closing on the Closing Date of the transaction contemplated by this
Agreement, including without Imitation the payment of the balance of the Purchase Price and
the delivery of the Closing Documents, at the offices of the Vendors Solicitors.
"Closing Date" means the le day of July, 2013, if that day is a Business Day and, If not, then
the next following Business Day, as may be extended by the Purchaser in accordance with
Section 5.4.
"Closing Documents" moons the agreements, instruments and other documents to be dellvered
by the Vendor to the Purchaser or the Purchaser's Solie tom pursuant to Section 7.1 and the
agreements, Instruments and other documents to be detivered by the Purchaser to the Vendor
or the Vendor's Solicitors pursuant to Section 7.2.
"Deposit" has the meaning ascribed thereto in Section 3.1.
`General Specifications' means those provisions of the General Specifications of the City of
Saint John which are specifically applicable to the construction of the Stormwater Detention
Pond at the time of Its construction.
"Permitted Encumbrances" means the easements, encroachments and other matters affecting
title to or use of the Purchased Lands, If any, as set out in Schedule "D ".
"Project' has the meaning set out in the recitals to this Agreement.
"Purchased Lands' has the meaning set out in the recitals to this Agreement.
"Purchase Price" is as set out in Section 3.1.
"Purchasers Solicitors" means Mdnnes Cooper, or such other tow firm as the Purchaser may
designate from time to time by notice in writing to the Vendor.
"Stormwater Detention Pond" means the proposed concept design for a stormwater detention
pond described in Figures 3 and 4 of a report to the City of Saint John dated February 7, 2013
and prepared by CBCL Limited, a copy of which report is attach hereto as Schedule 'E" and
also the proposed concept plan for a drainage swab described in Figures 5 and 8 as prepared
by CBCL Umited and dated May 3, 2013 which is attached hereto as Scredule 'F.
'Stormwater Detention Pond Land" has the meaning ascribed thereto In Section 6,5.
'Vendor's Solicitors" means the Office of the City Solicitor for the City of Saint John.
49
3
1.1 cS h UWB
The following Schedules are attact ed to the Agreement:
Schedule "A" City Lands
Schedule 'B' Purchased Lands
Schedule TO Project
Schedule `D" Permitted Encumbrances
Schedule TO CBCL Limited Report Re: StomwA ter Detention Pond
Schedule "F" Easements In Favour of Vendor
Article 2 - Aareament of Purchase and Sale
2.1 Agreement of Purchase and Sale
The Vendor hereby agrees to sell, transfer, assign, set over and convey the Purchased Lands to
the Purchaser and the Purchaser hereby agrees to purchase and acquire the Purchased Lards
from the Vendor for the Purchase Price on and subject to the terms and conditions of this
Agreement.
�F;
The Vendor shall delver to the Purchaser within 5 Business Days after being requested by the
Purchaser authorizations to governmental authorities in the form as provided by the Purchaser
necessary to permit the Purchaser to obtain Information concerning the City Lands from
governmental authorities' tiles.
2.3 Documenalon fK JOIRectlon
The Vendor shall deliver within 5 Business Days from the date of execution of the Agreement,
all of the following in the possession or control of to Vendor (collectively referred to as
"Documents for Inspectlon' j:
(a) a copy of any surveys and plans of the City Lands;
(b) copies of any bases, engineering reports, geophysical surveys, hydro-geological
surveys, and environmental reports respecting the City Lands; and
(c) any agreements respecting the City Lands.
2.4 Confidentliailty
The Purchaser shell keep in strict confidence the Documents for Inspection until such time as
the Closing Is completed and the Purchaser agrees to instruct its agents, advisers and
consultants to comply with the provisions of this Section. If the purchase and sale of the
Purduuwd Lands is not completed for any reason, the Purchaser shall promptly deliver to the
Vendor the Documents for Inspection and all copies thereof and shall keep in confidence all
such Information and all discussions between the Vendor and the Purchaser with respect to the
Purchased Lands In connection with the review by the Purchaser of the City Lands.
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11 Payment of Purchase Price
The Purchaser agrees to pay and the Vendor agrees to accept for the Purchased lands the
sum of one Hundred and Five Thousand Dollars ($105,000.00) (the `Purchase Prioel, plus
Harmonized Sales Tax, I applicable.
The Purchase Price shall be paid by the Purchaser to the Vendor as follows:
(a) a deposit of Ten Thousand Dollars ($10,000.00) (the 'Deposit") shall be paid
within two Business Days of exemition of this Agreement by the Vendor, and
shall be paid by the Purchaser to the Vendor by certified cheque or bank draft
to be held In Trust pending completion or other termination of this Agreement
and to be paid to the Vender and credited on account of the Purchase Price
on Closing;
(b) the balance of the Purchase Price, subject to the Adjustmerrts, by delivery of
a certified cheque or bank draft on Closing.
3.2 DOM
The Deposit shag be fully refundable to the Purchaser in the event of a termination of this
Agreement pursuant to Sections 5.2, 5.3. 5.4, 9.1, and 10.94 hereof. The Deposit shall
otherwise be non - refundable to the Purchaser and shall be payable to the Vendor, unless the
transaction is not completed as a result of default by the Vendor.
3.3 AdlyllMents
Adjustments will be made on the Closing Date for all items normally adjusted between a vendor
and purchaser in respect of the sale of property similar to the Purchased lands, including,
without limitation and to the extent applicable to this transaction, real property tam and local
Improvement rates.
3.4 Undertaklna to Readlust
If any amounts to be adjusted are uncertain and cannot be determined on the Closing Date, the
Parties agree to execute an agreement to re- adjust any such items within ninety (90) day of the
Closing Date.
Article 4 - Ho=WZ&d Ssdes Tax
MMEMILT 111 � 1 r : .
With respect to the harmonized sales tax ("HSTJ payable pursuant to the Exclse Tax Act
Canada (the "Act"):
(a) Purchaser represents and warrants to the Vendor that it is a registrant under
the Acct and it will provide confirmation of its HST registration number on or
before Closing;
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(b) In lieu of paying HST to the Vendor on Closing, the Purchaser will provide the
Vendor with an HST Indemnity certificate in a form commonly used in real
property transactions in New Brunswick whereby the Purchaser agrees to file
returns and remit on a timely basis any HST owing to Canada Revenue
Agency and further agreeing to indemnify the Vendor for any failure on the
part of the Purchaser to do so.
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6.1 goditioLil for PUmhgWs B&nWA
The obggation of the Purchaser to complete this transaction shall be coalitional upon each of
the folkrwing conditions being satisfied and fulfilled by such dates as speed:
(a) within 21 days of the Vendor delhering a fully executed copy of this Agreement
to the Purchaser, the environmental condition of the Purchased Lands are
satisfactory for the intended use by the Purchaser;
(b) by the Closing Date, the Purchaser wig have received satisfactory confirmation
from the Vendor that the existing street Infrastructure, water services (both
domestic and fire), sanitary sewers, and storm sewers are in place and are an
sufficient for the Project or, in the event the aforesaid infrastnidure and services
are not in place by the Closing Date, the Purchaser will have received from the
Vendor prior to the Closing Date satisfactory assurances that the sold
infrastructure and services wig be constructed by the Vendor in time to meet the
requirements of the Project;
(c) by the Closing Date, the Purchaser will have ascertained that hydro and gas
facilities and underground wiring are all sufficient in the opinion of the Purchaser
for the Project;and
(d) by the Closing Date, the Purchaser shall be satisfied that title to the Purchased
Lands is good and free from all encwmbmnc es, other than Permitted
Encumbrances.
The conditions precedent set forth in this Section 5.1 are for the benefit of the Purchaser, and
may be waived, in whole or in part, by the Purchaser on or before the dates specified therefor,
5.2 Wafvina the Purchosoes-Conditions Precedent
The conditions set forth in Section 6.1 shall be deemed not to be satisfied unless the Purchaser
notifies the Vendor in writing that the conditions have been satisfied on or before the dates
speckled therefor. If the Purchaser has not provided such written notice to the Vendor that the
conditions have been satisfied, and the Purchaser does not waive the conditions which are not
satisfied then this Agreement will become null and void and the Deposit shall be returned to the
Purchaser and neither party shall have any further obgation to the other hereunder other than
the Purchaser's obligations under Section 24.
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6.3 Condldog2 W1jffMaWs and Vendror's Benefit
The Purchaser's and the Vendor's obligations to carry out the transactions contemplated herein
are both subject to fulfilment of each of the following conditieons on or by the date specified
therefor, unless waived by both the Purchaser and the Vendor:
(a) by the Closing Date, the Purchased Lands wig have been rezoned and ttw
municipal plan will have been amended to permit the Project and the Purchaser
shall be satisfied with all terms and conditions imposed, Including the terms and
conditions of any development agreement required by the City of Saint John;
(b) by the Closing Date, all municipal and governmental approvals associated with
the Project will have been obtained by the Purchaser on germs and conditions
satisfactory to the Purchaser, Including without Imitation, the Chief City
Engineer's approval of the Purchaser's storm water management design for the
Project;
(c) by the Closing Date, the Vendor, at the Vendor's expense, will have subdivided
the City lands so as to create a separate parcel consisting of the Purchased
Lands, the acreage of which is to be certified by a New Brunswick Land
Surveyor,
(d) by the Closing Date, the Chief City Engineer will have given his final approval to
the final Stormwater Detention Pond design, including without limitation, all plans,
engineering drawings, technical specifications, detailed engineering reports and
location boundaries, for the location, construction, operrabon, and maintenance of
the Stormwater Detention Pond;
(e) by the Closing Date, the Chief City Engineer wig have been satisfied wish the
details and final locations of the right- of-way and easements In favour of the
Vendor and referred to in Section 6.1;
(f) by the Closing Date, the Purchaser will have been satisfied with the final
Stormwater Detention Pond design as approved by the Chief City Engineer in
paragraph (d) above, and further the Purchaser will have been satisfied with the
General Specifications; and
(g) by the Closing Date, the Purchaser will have been satisfied with the details and
final locations of the right -of -way and easemwft in favour of the Vendor and
referred to In Section 6.1.
If the parties have not given written notice to each other within the time periods specified that
the conditions set out in this Section 5.3 have been fulfilled or waived, then, notwithstanding any
Intennediate acts or negotiations, this Agreement will become null and void and the Deposit
shall be returned to the Purchaser and neither party shall have any further obligation to the
other hereunder other than the Purchaser's obligations under Sections 2.4.
The Purchaser shall be responsible at its own expense for engaging Brunswick Engineering &
Consulting Inc. (or such other engineering firm mutually acceptable to the parties) to prepare
and submit for review and approval by the Chief City Engineer the aforesaid engineering design
(drawings and design rationale, including all modeled results) for the Stormwater Detention
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Pond, in accordance with the concept proposed by CBCL Limited set out in Schedule "E°.
For clarity, the design of the Stormwater Detention Pond shall:
p) Include a drainage swale for which the drainage easement will be conveyed to the Vendor
pursuant to Section 6.1 (a);
(ii) include a signage plan and vegetation or fencing plans to r8stricd aocess to the Stormwater
Detention Pond;
(Iln provide that the maximum discharge rate shall be 0.21 cubic meters per second from this
area; and
(iv) provide that the construction of the Stormwater Detention Pond is to be in accordance with
the General Specifications.
Within 30 days of the Vendor delivering a fully execxrted copy of this Agreement to the
Purchaser, the Purchaser will deliver to the Chief City Engineer for his Input an initial set of the
Stormwater Detention Pond design plans (when design plans are 60% complete). The Chief
City Engineer shall review such design plans and provide feedback to the Purchaser wittwr five
(5) Business Days of receiving the design plans. Upon receiving such feedback from the Chief
City Engineer, the Purchaser shall then have fifteen (15) Business Days to provide to the Chief
City Engineer the final Stormwater Detention Pond design plans, following which the Chief City
Engineer err disapprove all either approve or approve of the said final design plans within five (5)
Days.
Provided the Purchaser has been acting diligently and In good faith, if any of the conditions
precedent as set forth In Section 5.1(b), 5.1(c), or 5.3 have not been satisfied by the Closing
Date and the Vendor andfor the Purchaser, as applicable, do not waive such conditions, then
the Purchaser will have the option, in its sole discretion, to extend the Closing Date upon wditn
notice to Vendor, on or before Closing, for an additional period not exceeding sixty (60) days to
allow the parties further time to satisfy such conditions. If all such conditions precedent have
not been satisfied on or before such extended Ciosing Date, and the Vendor andlor the
Purchaser, as applicable, do not waWe such conditions, then this Agreement will become null
and void and the Deposit shall be returned to the Purchaser and neither party shall have any
further obligation to the other hereunder other than the Purchaser's obligations under Section
2.4.
6.1 Easements In Faryour of the Vender
The Purchaser acknowledges and agrees that the Purchased Lands shag be subject to the
Wowing easements In favour of the Vendor, which the Vendor will reserve in the transfer to the
Purchaser for the Purchased Lands:
(a) a right- of-way for ingress, egress and regress to and from the Storrrrwater
Detention Pond, including a drainage easement. over the north eastern sidel#ne
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of the Purchased Lands and running perpendicular to University Avenue, the
location being generally as Illustrated in orange on the sketch attached hereto as
Schedule `F" and labelled Figure 6.
The Purchaser further covenants and agrees to grant to the Vendor, following the Closing, an
easement over the lends currently owned by Property Mlanagement/Proman Ltd. and identified
by Service: New Brunswick ss PID 55082269 to allow the Vendor to access and maintain the
Stornrwater Detention Pond. The k=Von of such easement shall be generally as illustrated In
orange on the CBCL Limited sketch attachW hereto as Schedule °F" and labelled as Figure 5.
' 1_ !L �1'. •li •1. i•. is sn�.:�. . 3
Following the Closing, the Purchaser covenants and agrees to carry out at its own expense the
construction of the Stormwater Detention Pond In accordance with the design and specftaticns
provided by Brunswick Engineering & Consulting Inc. and approved by the Chief City Engineer
pursuant to Section 5.3.
The Purchaser covenants and agrees not to commence construction of the Storrs Mer
Detention Pond until such time as the Chief City Engineer gives approval to the final set of
engineering drawings. Construction and commissioning shall be completed by the Purchaser
within one (9 ) year following the Closing Date, subject to any delays referred to in Section 6.3.
The Purchaser further covenants and agrees not to start construction of any buildings above
grade on the Purchased Lands prior to completion of the Stormwater Detention Pond. Provided
however nothing herein shall prevent the Purchaser from commencing site work, foundations,
and services instaffations on the Purchased Lands at any time following the Closing Date.
The Purchaser further convenants and agrees that Brunswick Engineering & Consulting Inc,
shall provide appropriate inspections of the construction of the Stormwater Detention Pond at
various stages of the construction.
The Purchaser hereby authorizes the Vendor, its agent or consultant to access the Purchased
Lands at all times during the construction of the Stonwmd r Detention Pond for the purpose of
inspecting the construction to ensure that it complies with the approved final drawings and with
standard engineering principles. If, during an InspeWOn by the Vendor, its agent or consultant,
it is discovered that the construction or part of it does not comply with the approved final
drawings or with standard engineering principles, the Purchaser shall, at is sole cost, do what
work the Chief City Engineer shall reasonable require to remedy the problem or concern
identified during the inspection.
&3 Permitdnafar Stonnwaier Detention Pond
The Purchaser's obligation to construct the Storrnwater Detention Pond is conditional upon the
Purchaser being able to obtain all necessary municipal and governmental approvals, including
without Imitation, any approvals required from the New Brunswick Department of Environment
The Purchaser agrees to proceed in good faith and with promptness and diligence to obtain the
neoa cry approvals. to the event the Purchaser, aging in good faith, is delayed in obtaining
the necessary approvals, the Purchaser's obligation to complete construction of the StonwMer
Detention Pond shall be extended accordingly.
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The Purchaser covenants and agrees to provide a one year warranty of the construction of the
Stormwater Detention Pond starting at the date of acceptance by the Chief City Engineer of the
certification provided by Brunswick Engineering & Consulting Inc. pursuant to Section 6.5.
Upon the Purchaser's completion of the construction of the Stormwater Detention Pond to the
satisfaction of the Chief City Engineer, acting reasonably, the Pub will obtain from
Brunswick Engineering & Consulting Inc. a certification addressed to both the Purchaser and
the Vendor that the Stormwater Detention Pond has been constructed in accordance with the
approved engineering design. The Purchaser will also provide to the Chief City Engineer a
copy of the 'as-constructed" engineering drwMngs for the Stornmater Detention Pond and
drainage Swale at such time as the certificate is provided to the Chief City Engineer.
Following acceptance by the Chief City Engineer of the certification from Brunswick Engineering
& Consulting Inc., the Purchaser shall cause the lands upon which the Stomwmter Detention
Pond is hoc ed (the `Stormwater Detention Pond Land ") to be subdivided from the Purchased
Lands, all at the Purchaser's ads expense. The Purchaser then covenants to convey back to
the Vendor the Stormwater Detention Pond land for the sum of One Dollar ($1.00), subject to
such usual and ordinary adjustments for such a trorWer of land. The transfer of the Stormwater
Detention Pond Land back to the Vendor shall occur within fifty (50) days following the
acceptance by the Chief City Engineer of the certification from Brunswick Engineering &
Consulting Ina
6.6 Reimbureament of Costs for Stoner wal*r Deten§Rn Fond
Concurrently with the conveyance of the Stormwater Detention Pond Land to the Vendor in
aeco, once with Section 5.5, the Vendor shall pay to the Purchaser five hundred and fifty
thousand dollars ($550,000 plus HST) towards the cost of the Stormwater Detention Pond.
The Vendor shall pay to the Purchaser another five hundred and fifty thousand dollars
($550,000 pike; HST) towards the cost of the Stonnwater Detention Pond exactly one (1) year
later.
6.7 Vendor's B,UX,&ggk Option
The Purchaser covenants that should it fail to commence c onstniction of the first building
forming part of the first phase of the Project within two (2) yeare following the Closing Date, the
Vendor shall have the option to repurchase the Purchased Lands for the amount of the
Purchase Price paid to the Vendor hereunder, and the Purchaser shall deliver to the Vendor a
Transfer effecting the conveyance within 30 days of the Vendor exercising its option.
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Article 7 - Tran r
7.1 Vendors Closing Dacurnents
On or before Closing, subject to the provisions of this Agreement, the Vendor shall execute or
cause to be executed and shall deliver or cause to be delivered to the Purchaser's Solicitors the
following:
(a) a transfer conveying the Purchased Lands, In registerable form;
(b) a certificate of the Vendor confirming that the Vendor's representations In
Section 8.1 of this Agreement are true and correct on the posing Date; and
(c) all other documents which are required and which the Purchaser has
reasonably requested on or before the posing Date to give effect to this
transaction.
All documentation shall be in form and substance acceptable to the Purchaser and the Vendor
each acting reasonably and In good faith.
7. Purchasers Ckxft a Documents
By the Closing Defile, subject to the terms and conditions of this Agreement, the Purchaser shall
execute or cause to be executed and shall deliver or cause to be delivered to the Vendor's
Solicitors the following:
(a) the balance of the Purchase Price; and
(b) all other documents which are required and which the Vendor has reasonably
requested on or before the Closing Date to give effect to this transaction.
All documentation shall be in form aril substance acceptable to the Purchaser and the Vendor
each acting reasonably and in good faith.
The Vendor hereby represents and warrants to and in favour of the Purchaser that
(a) the Vendor is a body corporate duly existing under the laws of the Province of
New Brunswick, and has the rrec essary corporate authority, power and
capacity to own the Purchased Lands and to enter into this Agreement and to
carry out this Agreement and the documents and transactions contemplated
herein;
(b) the agreement of purchase and sale constituted on the execution and
delivery of this Agreement and the obCgaUons of the Vendor hereunder and
the documerts and transactions contemplated herein have been duly and
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validly authorized by all requisite proceedings and constitute legal, valid and
binding obllgations of the Vendor;
(c) the Vendor has not caused any hazardous waste or substance to be stored,
treated or disposed of, and that there are no underground storage tanks, on
the Purchased Lands;
(d) the Vendor has no notice. and Is not aware. of any actual, pending or
threatened action or proceedings relating to the condition of the Purchased
Lands or to the violation (actual or alleged) of any envIronmwdW, health or
safety statutes, regulations or other lawful requirements;
(e) upon execution of this Agreement by both parties, the Vendor covenants and
agrees that it will menage, maintain and repair the Purchased Lands until the
Closing Date as a prudent owner would and shall not make material changes
to the Purchased Lands without the prior consent of the Purchaser;
(f) the Vendor is not aware of any disputes, claims, or actions with respect to the
Purchased Lands.
0.2 e
The Purchaser hereby represents and warrants to and in favour of the Vendor that, as of the
date of this Agreement and as of the Closing Date:
(a) the Purchaser Is a corporation existing and governed by the laws of Nova
Scotia and has the necessary corporate authority, power and capacity to own
the Purchased Lands and to enter into this Agreement and to carry out this
Agreement and the documents and transactions contemplated heroin on the
terms and conditions herein om twined; and
(b) this Agreement and the obligations of the Purchaser hereunder and the
documents and transactions conemplated heroin have been duly and validly
authorized by all requisite corporate proceedings and constitute legal, valid
and binding obligations of the Purchaser enforceable against the Purchaser
in accordance with its terms.
The representations and warranties contained to this Agreement shall not merge on Ctoeing but
shall survive for a period of two (2) years thereafter.
&Eficle 8 - Damage and Indemnification
9.1 Damage Before MgMM
The Purdwoed Lands shaU be at the risk of the Vendor until Closing. In the event of damage to
or destruction of the Purchased Lands, the Purchaser may terminate this Agrearnent by notice
in writing to the Vendor's 3okitors, in which case this Agreement shall be terminated, be null
and void and of no further force or effect whatsoever and the Deposit returned to the Purchaser.
W
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The Purchaser covenants and agrees to Indemnify and save harmless the Vendor from all
actions, causes of actions, proceedings, claims and demands brought against the Vendor, and
from and against all losses, costa, damages or expenses suffered or Incurred by the Vendor, by
reason of any damage to property, Including properly of the Vendor, or injury, including injury
resulting in death, to persons, including the employees, servants, agents, licensees and invitees
of the Vendor, caused by, resulting from or attributable to the negligent act or omission of the
Purchaser or any of its employees, servants, or agents in the performance of this Agreement or
in the construction of the Stonnwater Detention Pond
9.3 M&Mrrification by Vendor
The Vendor covenants and agrees to indemnify and save harmless the Purchaser from an
actions, causes of actors, proceedings, claims and demands brought against the Purchaser,
and from and against all losses, costs, damages or expenses suffered or incurred by the
Purchaser, by reason of any damage to property, Including property of the Purchaser, or injury,
including injury resulting in death, to persons, including the employees, servants, agents,
licensees and invitees of the Purchaser caused by, resulting from or attributable to the negligent
act or omission of the Vendor or any of Its employees, servants, or agents: (1) in the
performance of this Agreement or (10 relating to or in any way connected with the Stormwater
Detention Pond and the Stornweter Detention Pond Land.
LZ 111171 1 . •:1 •11911ilt1
In no event shall the Vendor be liable to the Purchaser, or the Purchaser gable to the Vendor,
for indirect or consequential losses or damages, or damages for pure economic loss, howsoever
caused or oontrlbuted to, in oonnection with this Agreement_
ii
The parties acknowledge and agree that this Article 9 and the covenants of the parties
contained herein will not expire with or be terminated, merged or extinguished by the dosing of
the transaction of purchase and sale contemplated by this AgreemeK and the completion
thereof.
1 '7 1 t
10.1 Gender 11frd Number
Words importing the slngular include the plural and vice versa, Words Importing gender include
all genders.
10.2 Captions and Table of Contents
The captions and headings contained herein are far reference only and In no way affect this
Agreement or its interpretation.
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10.3 Dbljgationg U Cgymnts
Each agreement and obligation of any of the parties hereto in this Agreement, even though not
expressed as a covenant, is considered for all purposes to be a covenant.
10.4 Applicable aw
This Agreement shall be construed and enforced in accordance with the laws of the Province of
New Brunswick applicable thereto and shall be treated In all respects as a New Brunswick
contract.
10.6 Currency and Cheauea
An references to currency In the Agreement shall be deemed to be references to Canadian
dO12rs. All cheques to be tendered shall be drawn on one of the major Canadian CherWed
Banks unless otherwise specifically agreed in writing.
10.6 Inval ..lL
If any immaterial covenant, obligation, agreement or part thereof or the application thereof to
any person or circumstance should to any extent be invalid or unenforceable, the remainder of
this Agreement (or the application of such covenant, obligation or agreement or part thereof) to
any person, party or circumstance other than those to which it is held invalid or unenforceable
shall not be affected thereby. Each covenant, obligation and agreement in this Agreement shall
be separately valid and enforceable to the fullest extent permitted by law.
10.7 Amendment of Aummment
No supplement or amendment of the Agreement shall be binding unless executed in writing by
the parties hereto to the same manner as the execution of this Agreement
10.8 Time of the E.ssetr
Time shall be of the essence of this Agreement.
10.9 Further Assuranm
Each of the parties hereto shall from time to time hereafter and upon any reasonable request of
the other party, make or cause to be made all such further arts, deeds, assurances and things
as may be required or necessary to more effectually implement and carry out the true Intent and
meaning of this Agreement
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10.10 Entire Agreament
This Agreement and any agreements, instruments and other documents herein contemplated to
be entered Into between, by or including the parties hereto constitute the enure agreement
between the parties hereto pertaining to the subject matter of this Agreement and supersedes
all prior agreements, understandings, negotiations and discussions, whether oral or written, with
respect thereto, and there are no other warranties or representations and no other agreements
between the parties hereto in connection with the agreement of purchase and sale provided for
herein except as specificalty set forth in this Agreement.
10.11 waiver
No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a
waiver of any other provision (whether or not similar) nor shall any waiver constitute a
continuing waiver unless otherwise expressed or pnovided.
li ei '1 =till 1 =1' ' .1. •1
If this Agreement Is terminated pursuant to Sections 5.2, 5.3, 5.4, 8.1, or 10.14 no party to this
Agreement shall have a daim against any other party hereto with respect to this Agreement
except as hereinafter in this section provided. Notwithstanding the to mkwion of this
Agreement for any reason, the Purchaser shall remuin obligated to comply with its obligations to
return documents, and repair and restore the Purchased Lands and shall remain obligated to
the confidentiality provisions contained in Section 2.4 hereof.
10.13 Solicitors as Aaaents and Tgrider
Any notice, approval, waiver, agreement, Instrument, document or communication permitted,
required or contemplated In the Agreement may be given or delivered and accepted or received
by the Purchaser`s Solicitors on behalf of the Purchaser and by the Vendor's Solicitors on behalf
of the Vendor and any tender of Closing Documents and the balance may be male upon the
Vendor's Solicitors and the Purchase's Solicitors, as the case may be.
10.14 Exar datlon
If the Purchased Lands or any material part thereof Is contemned or appropriated by public or
other lawful authority before the Closing the Purchaser shall have the right to (I) elect by notice
in writing to take the damages awarded or compensation, as the case may be, and complete or
(ii) cancel this Agreement by nice in writing. In which Witter case the Purchaser shall be
entitled to the return, without deduction, of the Deposit In the event of a lesser condemnation
or appropriation the Purchaser shall complete the Closing and shall be entitled to take the
damages awarded or compensation, as the case may be.
10.13 6lOnment by PM crhaa?Ar
This Agreement Is not assignable, and any attempt to do so is void.
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10.16 Successors and Assigns
All of the covenants and agreements in this Agreement shall be binding upon the parties hereto
and their respective successors and permitted assigns and shall enure to the benefit of and be
enforceable by the parties hereto and their respective successors and their permitted assigns
pursuant to the terns and conditions of this Agreement
10.17 No Registration of Aareemgnt
The Purdukeer shall not register this Agreement or any notice of this Agreement on title to the
Lands.
10.10 N2gaes
Any notice, demand, approval, consent, Information, agreement, offer, payment, request or
other communication (herelmfter referred to as a "Notice ") to be given under or In ccnnedion
with this Agreement shall be in writing and shall be given by personal delivery or by teiecopier 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 sut4ed of a Notice:
(a) Vendor.
City of Saint John
c/o City Solicitors Office
15 Market Square
Saint John, N.B. E21. 41-1
Attention: Melanie Tompkins
Telecopier. 506.1349.7939
(b) Purchaser:
Shannex Developments Limited
48 Lovett Lake Court
Halifax, N.S. 133S 1 B8
Attention: Jason Shannon
Teleco pier. 802.463.5412
Any Notice, if personally delivered, shall be deemed to have beery validly and effectively given
and received on the date of such delivery and If sent by telecopier or other electronic
communication with confi ntatiorr of transmission, shall be deemed to have been validly and
effectively given and received on the day next following the day It was received.
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10.19 ENIMUM
This Agreement may be executed in counte� and may be executed and delivered via
facslmile transmission, kxluding signatures, which counterparts and famimile copies shat
together oonsdhft one and the some Agreement with the same effect as if originally executed
and delivered.
[signature page on next page]
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IN WITNESS WHEREOF the Purchaser has executed this Agreement this
day of May, 2013. ,1
Shi
A, per
Per
IN WITNESS WHEREOF the Vendor has execrated this Agreement this
day of May, 2013
The City of Saint John
Per: Mayor
Per: Common Clerk
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PID 42038, 80 Univenmty Avenue, Saint Jahn, N.B.
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Lv • RUIICK
Erig neering & Consulting Inc.
may 8, 2013
CRU
Contraction Msasgetsew
PO Box 25=
liWKmx NS
BW 4H4
Via eases Dometl.eihCOn@=xo
4Q Ashburn Lake Road tea, 506 636.4158
PC) Bog 1045. tieinl .mW, VB fon 608,596,9158
m2t• aq receD WOmnsweseti8 nebr ng ea
8- PRELUdZP"NY2Z&IWCLWjiC7'$rA22 LifW1lP
PROWPOS DSIMMYRTZIM EWPAMN , GBAVjRV=
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Introduction
ion
Pate: 200MA4
As xegnestcd, Brunswick ga&aesing & Corssaaldug Inc. was retimed by CM to panvide enginaserI
service: at the above namd IDC&d= fog the purpose of completing a troafc k"Ct sbttem=tr Tide
report should be taken as prditntaaty field data cntlecdon and further anal* will be oop q&ted once
the overall sine dew advmcea.
The proposed Shmmx dgveklmmt is located off of MM itige Avetme justaotth of University Avenue
sad on be accessed off of Unkemitp Avenue beside the Gorman Aeeaa, The endre project i, braim
into three pusses, with phase one vgmennting the eonswu2ion of tbraebupldhW and the dtivews s and
most of the paling loft. Pbases tyro and three each iachrde the construction of one bu&liqg and minor
p mlc6g sad dovmg ham',
Site Dncdpdm
The site of the proposed dewelopmum is t 4mcd oar Mill &c Avemaq opposite 701 MiDit V Ave me and
uses an area of appzudmatdy 9.8 hest ux& The site will be accessed feom Unwa shy Avenue
with sae driveway sad offoif UJ1'u V Avenue vkh two main ri veways and out minor daveway whkh
wil operate as a resident drop vf8
L%iv+eraiatg Avenue is a rnIIed= street and has a postod speed limit of 501m/hr. Cuumndy Uaiwamhy
Avmue has four dtiving loupes and at places has dedicated turning lanes and is o&nW in a pattl mt to
sondr+ act direcdon, with the mahweat dkemon being the a* dkccdm of mnei to access the site as a
taar&m currently separates the two Ammums of travel.
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Mcwise, craMc grill only be able to eadt the situ towards the southwest (tight turn onto Uuivesa
Avenue only). The Mcdian is agrase madian with an aged denetiornted asphalt curb, The nx diandoes
have street lighting, with a pole beinglowed opposite alto proposed driveway loaativn. 'Ilia hoazonotl
anti veniced turves on Unive.rrity Avenue in the atria of the proposed driveway ate rdantively flat with
wide smooth awes and will have sufficient litres of newt
To the southwat o f the proposed driveway on University Avenue and within 54 nut= ist commucisl
development driveway that am vices a Tim Hortone and Weadf s restantaat gad a nu Ati unit apartment
lna clbi g. As a note, the co mtaer W development has a dedicated kft turn lane in the median fir
enretittg the aftz terrier to the soudmva. within 140 tnetm of the proposed driv*vvay► is the iWtaed
intecacdoo of Univet dLy Avenue and MMAW Avenue.
At the intersection of Univeraftq Avenue and MiThdpe Avenue, the southwat bcx nd lames on Uttiv�
have a dedicated left turn lane and the rot lane services through traffic and right trim at banidSe
Avenue -
WdUr Avenue is conaid"od a collector star and has a posted speed limit of 50 km/ht Mtl#idge
Avenue, near tit-- proposed development has taro lanes of traffic with the a =q3 i,on of the intmectiion
with Univea* Avenue wheeze a decktated left tutu lane camels. The cannot lanes uljaecmt to the
proposed development an wider than a typical municipal surer, with c nact+ete curb and sidewalk being
Met w4 an the west side of ME* Avenue and an open ditch with gmved shouLdet on the east side.
Curdy, theoe are scrad commercial de:veleapmeots along the west side of Milli* Avenue with many
driveways, in addition to Steeds Street berg located opposite a proposed driveway let the Shona= The
traffic a iwting Reeds Street oaoa MilB* Avenue are cuneady controlled with a stop moo..
7jete are no conccnas for vertical. and horizontal lines of sight an BEIEdge: Avenue adjacent to the arena
of the proposed dtin"yz.
Traffic impact Statenhent Design, Rational
The followit>g is the rational that WM be used to comaplete the aaElyc impaa stateenmet rand to confim
that the developniew will not has a detrimental af%cx on the exis City sttu
Obtain traffic cotum for Lh&enaity Avenue, MAkIge Av mue anti Rot& Street;
Review the horizontal and vertical digatoents of MAIidge ,Avenue, Unive arty Avenue
and Reads Street;
Obtain specifics associated with tht pv4xmed developamm such as use of buddirytp,
employee drift change times, emtployoe shift count;
Obtain Trig Generatiou Estimates for a retircutent/setuors complex;
Model traffic patterns at each driveway and at the intmaction of University and
bMige Avenue;
.Review the possibility of creating scorns to +rod from the site As, the east bound lams
off of University Avenue;
Coondirtate and best fit the locations of the &vcwiys on Milli* Avarua to wont with
cidsting driveways near review the options for er trig turning lanes on Mtllidge
Avexnm
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74
Paamin ry nt aiP Co=adtmdow
'lhe ftrltowing taeks and design considemdon wiU be used w completer cite fiuid Aft denigm-
AD driveways vviB be aligned to propc4r match Unmen ity Avenue,, MIS* Avenue acid
hoods Secant and commercial des m%M
All dareways will be equipped with stop signs to control &oceans onto piJAic stresses;
Ttaff c calming meamns wM be in4gemsnted ae the driveways to deter citizens from
using the; driveways se "shots cute,
Coad»sioas
Based on s brief review of the cdsdag conditions and estimated taaffic vo kwaes, both c urent and
pmjected, it is pnss7tk rivet upSeades uAll be req iced to make the dtivewaeye tdnaa e f um4onal and to
hdp peeveae "book necks" sad lamg queues at dtvewaps gad intaeeedoas. Fora mt dy upgrades to the
City streets is the stress of the proposed developmwt are reh6mly mint as thus eadsting median on
Uniftmty Avenue is cunendy glans ed with aged at VWt fit:, but there maybe a mquimnment to
rdomw an averhesd }iglu pole in the median. With Mtllidgc Avcmw, the exkomg paved toed is very
wide and could acovmmodsw turning hats wuhout any major consm mdoa or a*w owe =p]icstione
Should you havt away quest'soots or if you require didficaborls rega ding the 6adkgM }Meese eonma the
undcm4txd at your vonva*n e.
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S ben Penty, P. Eng.
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Schedule "D" - iWW Encumbranm
Any registered municipal agreements and agreements with utilities, provided that such have
been complied with and which do root materially affect the Purchaser's Mended use of the
Purchased Lands.
77
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22
Schedule °E" - CBCI_ Limited Report Re: Storm g& Deftag sn Pane
See Aiteched
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SCHEDULE ''E�-
7 February 2013
!� LIrTEJD Jodi Stringer -Webb, P. Eng,
C9�D City of Saint John
Municipal Operations & Engineering
PO Box 1971
Saint John, NB E2L 41.1
Dearlodi:
Re: Investigation of Opportunities to Create Detention Storage by Excavation in the
Wetland between Woodhaven Drive and Millidge Ave. — CBCL Limited Project
082842.09
On December 2V 2012, the City of Saint John requested a proposal to evaluate the possibility
of creating the detention storage by excavation on a portion of the City owned property. The
property Is located behind the properties on Millidge Avenue, University Avenue, Woodhaven
Drive, Tudor Lane and Hill Heights Road. We understand that the developer of the property on
Millidge Avenue was interested in obtaining a portion of this property so the excavated
detention pond should be located to maximize the land adjacent to the developer's property.
We were told that additional geotechnical investigations were not warranted and that we
were to assume soil conditions similar to those at Caledonia Brook where a limited
geotechnical investigation was completed in 2012. An acceptable timeline was 2 weeks for
delivery of a drawing showing the extent of the land required for the pond plus a piped outlet
to Millidge Avenue and three and a half weeks for a report. We responded to this request on
January 8th, 2013 and an January 9t' 2013 you authorized us to start the work.
CM4Z a LEOM WoOL11AVEN oPMAVATION OPTKW KEPT 0237.13AOCMS
EVVMMS1120ADAK1 -M =S11:MmoAM 79
1.0 BACKGROUND
22 Street
The Millidgeville Stormwater Management Plan (2010) included a detention pond located in
today's
the wetland adjacent Millidge Avenue, west of University Avenue. As part of the original
Po Box 20040
assessments it was determined that water drains from the wetland through an outlet
Saint John, New Brunswick
structure located adjacent Millidge Avenue just east of Reed Street. During the 1 in 100 year
Canada E2L 582
design rainfall event, It was estimated that the maximum water level would be above
in mind
elevation 28.0 metres, and as a result water would spill over the curb and onto Millidge
Avenue and eventually down Reed Street to Donaldson Street.
Telephone: 606 633 659
In order to minimize disturbance of the wetland, the detention storage was to be created by
Fax: 506 633 6658
constructing berms around the low areas to allow water to pond to higher elevations and
Eanea udu@cbc1.ca
flood more of the lower wetland. This required berms along Millidge Avenue as well as
WWXt;d Ce
along the City owned right of way off Millidge Avenue,
On December 2V 2012, the City of Saint John requested a proposal to evaluate the possibility
of creating the detention storage by excavation on a portion of the City owned property. The
property Is located behind the properties on Millidge Avenue, University Avenue, Woodhaven
Drive, Tudor Lane and Hill Heights Road. We understand that the developer of the property on
Millidge Avenue was interested in obtaining a portion of this property so the excavated
detention pond should be located to maximize the land adjacent to the developer's property.
We were told that additional geotechnical investigations were not warranted and that we
were to assume soil conditions similar to those at Caledonia Brook where a limited
geotechnical investigation was completed in 2012. An acceptable timeline was 2 weeks for
delivery of a drawing showing the extent of the land required for the pond plus a piped outlet
to Millidge Avenue and three and a half weeks for a report. We responded to this request on
January 8th, 2013 and an January 9t' 2013 you authorized us to start the work.
CM4Z a LEOM WoOL11AVEN oPMAVATION OPTKW KEPT 0237.13AOCMS
EVVMMS1120ADAK1 -M =S11:MmoAM 79
in preparation for development of the detention storage projects, this wetland (along with
Solving
the others considered for detention storage in the watershed) was delineated as part of the
today's
assessment completed in 2011, Later that year the Department of Environment changed the
problems
way it deals with wetlands. The owners of the property with the largest portion of the
with
wetiand on Millidge Avenue then proceeded to excavate wetland materials and replace
tomomow
them with rock fill in preparation for development of the property. An alternate plan for
in mind
creation of the detention storage is now required.
On December 2V 2012, the City of Saint John requested a proposal to evaluate the possibility
of creating the detention storage by excavation on a portion of the City owned property. The
property Is located behind the properties on Millidge Avenue, University Avenue, Woodhaven
Drive, Tudor Lane and Hill Heights Road. We understand that the developer of the property on
Millidge Avenue was interested in obtaining a portion of this property so the excavated
detention pond should be located to maximize the land adjacent to the developer's property.
We were told that additional geotechnical investigations were not warranted and that we
were to assume soil conditions similar to those at Caledonia Brook where a limited
geotechnical investigation was completed in 2012. An acceptable timeline was 2 weeks for
delivery of a drawing showing the extent of the land required for the pond plus a piped outlet
to Millidge Avenue and three and a half weeks for a report. We responded to this request on
January 8th, 2013 and an January 9t' 2013 you authorized us to start the work.
CM4Z a LEOM WoOL11AVEN oPMAVATION OPTKW KEPT 0237.13AOCMS
EVVMMS1120ADAK1 -M =S11:MmoAM 79
Jodi Stringer - Webb
7 February 2013
Page 2 of 6
OMMIM We submitted a preliminary drawing of the concept on January 23`a 2013 for review. On
C13CL LIMR'i~D January 301h you sent us preliminary drawings of the proposed development and we were
cofflu la Enpmaers asked to reconfigure the pond to complement the proposed development. It was requested
W that we should maximize the storage on the land available and reduce flows from the
developed area to the extent possible.
This report summarizes the processes followed, the findings of our investigations, and
preliminary plans for creation of detention storage by excavation. Simulated flows and
water levels in the system resulting from a 1 in 100 year design rainfall event are included to
demonstrate the potential flow reduction in the downstream storm sewers, including the
600 mm diameter storm sewer that crosses Millidge Avenue toward Reed Street.
2.0 HYDROLOGIC AND HYDRAUL/c INwjmGAT1oNs
Previous hydraulic investigations indicated that approximately 15,000 cubic metres of
storage was required to limit the discharges from the wetland system to the capacity of a
single 200 mm diameter pipe. This storage would attenuate peak runoff flows from the
undeveloped wetland plus the areas around the wetland that have been developed as a mix
of single family residential, apartments buildings and light commercial, as well as the Charles
Gorman Arena facility.
Similar assessments were completed for this study but with storage generated by excavating
only a portion of the wetland. The computer based model of the storm sewer system in the
areas tributary to the wetland and downstream was used for the hydrologic and hydraulic
assessments. The assessments were completed as if developable areas south of the
proposed pond were developed. it was indicated that the proposed development in the
vicinity of the pond would be mufti-unit residential development.
3.0 SIMULATED RESULTS FOR A 1 IN 1W YEAR DESIGN RAINFALL EVENT
The hydrologic and hydraulic model was used to simulate water levels and flows at key
locations in the drainage system. Key locations for this assessment included the following:
The manholes at the intersectlon of:
Woodward Avenue and the lower exit from Brentwood Crescent;
Woodward Ave and the trunk storm sewer from the Donaldson Street easement;
Donaldson Street and Reed Street;
Reed Street and Millidge Ave; and
The wetlands - detention ponds.
Pipe Flows: in the 1500 mm diameter storm sewer on Woodward Avenue as well as the
flows In several upstream sections of the Woodward Avenue, Donaldson Street and
Reed Street storm sewers, through the proposed pond outlet pipes and overtopping the
curb on Millidge Avenue.
3.1 Existing Drainage System
The model of existing conditions in the watershed was updated to include work that has
been completed to date on the Millidgeville stormwater management plan and the planned
detention ponds at Caledonia Brook. The chart located at the end of this letter Is tltled Flow
o,aaas=ISM1 WMDHAYEN BP EWAVATIDN OPTION RHPT 12M.18AOMM
EY7: =13112MMM M7 MIS1191AOAM 80
Jodi Stringer - Webb
7 February 2013
Page 3 of 6
in Downstream Storm Sewers and shows a time series of flows resulting from the 1 in 100
CECIL UMl'EM year design rainfall event. It shows a peak flow in the 1500 storm sewer on Woodward
Consulting Engineers Avenue with the ponds at Caledonia Brook in service of 4.3 m3 /s, with a significant
-J —� contribution of 1.5 m3 /s from the 1200 mm diameter storm sewer on Millidge Ave. The peak
contribution from the existing wetland is approximately 0.85 m3 /s.
The chart located at the end of this letter is showing the Head at Key Locations in
Downstream Storm Sewers and shows the simulated water elevations during the design
rainfall event, The maximum elevations in the upstream system tend to occur closer to the
peak rainfall at 12 hours, maximum water levels occur up to an hour and a half later In the
downstream system.
3.2 Existing Drainage System with Additional Storage
The effects of providing additional storage at the upstream end of the Woodward Avenue
system are demonstrated in the next set of charts. The peak flow in the 1500 mm diameter
storm sewer on Woodward Avenue doesn't significantly change but the shape of the flow curve
changes, the second peak is slightly reduced and it has a longer duration. Upstream peak flows
are progressively reduced up to the proposed detention storage system, the discharge from the
wetland is reduced from 0.85 m3 /s to 0.21 m3 /s. These effects combine to decrease surcharging
in the upper reaches of the Woodward Avenue storm sewer system during the 1 In 100 year
design rainfall event, as shown in the profile. There will still be surcharging in the 1500
diameter section of this storm sewer, in the vicinity of Brentwood Crescent.
4.0 GEOTECHNICAL INVESTIGATION
At the City's request, geotechnical information collected from a borehole completed on the
City owned property on Boars Head Road was used to develop design criteria for this
assessment. Relevant information obtained at the drill site included;
• Soils encountered in the borehole were:
Fill material (0.9 metres) placed to facilitate house construction along Boars Head
Road, fill Is not anticipated at this site;
The original surface soils are organic sandy silt (0.3 metres);
Sift - clay transition (0.3 metres); and
Clay (6.6 metres) to bedrock.
P The maximum recommended slope for the soils encountered, subjected to occasional
flooding as would occur in a detention pond basin was 5 or 6 horizontal to 1 vertical.
These preliminary assessments assumed that conditions at the borehole site are applicable
at the proposed excavated detention ponds. This will need to be confirmed by additional
geotechnical investigations in any area considered for construction of detention ponds.
5.0 CONCEPT DEVELOPMENT
Preliminary assessments were made of concepts similar to the original concept with the
berms. These included excavation of wetland materials on the property owned by the City
including the 28 metre wide access from Millidge Avenue.
o M4LDU LaM W000HA EN OP EXCAVATION OPTKM KEPT 02A7.13.D0QX&M
ED, s )20131120:00ArwaMADIS11:21ADAM 81
Jodi Stringer - Webb
7 February 2013
Page 4 of 6
mom= 5.1 Constraints
COOL LIIMiTHO New pond arrangements were developed based on the following constraints:
Consuft Engineers a Only the City owned property would be considered for construction;
• There would be no increase in flood elevations on adjacent properties. Maximum water
levels were estimated at approximately elevation 28.2 metres adjacent Millidge Avenue,
on the property that has been excavated and filled. Maximum water levels would be
higher upstream, on the main portion of the City owned land;
• There Is low land on the northwest side of the access from Millidge Avenue, some areas
are as low as elevation 27.6 metres and are subject to flooding when the water level in
the lower end of the wetland reaches its predicted high level during the 1 In 100 year
design rainfall event;
• The outfall from the storm sewer on Woodhaven Drive Is at elevation 28.6 metres so the
maximum water levels in this areas should be in this range or lower so as not to
surcharge this storm sewer; and
• The lowest storm sewer in the vicinity of the proposed pond and in the same watershed
is on Millidge Avenue, measured as elevation 25.58 metres and the low point of the
curb on Millidge Avenue is at approximately 28.0 metres. If the outlet from the pond
was blocked for some reason, the water level in the wetland would be expected to rise
slightly above this level and water from the site would be discharged onto Millidge Ave
then down Reed Street. Any development considered on the site or on adjacent
properties below elevation 28.2 metres should be flood proof,
5.2 Detention Pond Arrangements
The detention pond arrangement developed for the January 251h submission (see Figures i
and 2) was based on the concept of identifying a relatively flat area along the north and
northwest boundaries that naturally receives runoff from most of the areas tributary to the
existing wetland. To maximize the tributary area, a swale was considered from Millidge Ave
to the pond located in the northeast comer of the wetland. The Swale would also serve as
an overflow from the pond, a new pond outlet pipe adjacent the Swale would limit normal
discharges from the pond and slowly drain the pond following a runoff event.
Following review of the plans for the proposed development the arrangement was modified
so that the pond used only the areas not used by the development. In the modified
arrangement (see Figures 3 and 4) the pond is stretched from Millidge Avenue to the storm
outfall from Woodhaven Drive and narrowed in the vicinity of the main pond to fit the area
designated by the developers. This arrangement requires more excavation as the entire pond
will have a bottom water level of 26.0 metres. However, this arrangement requires a much
shorter outlet pipe. This is the concept that will be discussed in the remainder of this report,
5.3 Concept Description for Modified Detention Pond
The concept presented in Figures 3 and 4 will have the following features:
• The proposed detention pond arrangement will required a total area of approximately
1.6 hectares;
• The lowest water elevation will be 26.0 metres, and will be lower under drought
conditions;
uMO-Oa Lmoi wooDMvM on EXCAVATION OPTION REPT 02.07.19.00CXr4o
M. 20,1¢018112MOAMM: MAIM 110:00 Mi 82
_ Jodi Stringer - Webb
7 February 2013
Page 5 of 6
• If the lowest grade adjacent the pond Is used as the highest water elevation then the highest
CDCL LIMITED water elevation will be In the order of 27.6 metres due to the low areas on the northwest
Carl Ang Engineers side of the assess from Millidge Avenue. For this range of water levels, the maximum
volume of storage that could be utilized would be approximately of 11,200 cubic metres;
if the pond is divided into three (3) sections, then the highest water elevations In each
section would range from 27.6 metres In section 1, to 28.0 meters in section 2, to 28.2
metres in section 3. The maximum volume of storage that could be utilized would be In
the order of 16,200 cubic metres;
• As shown in Figure 3, the basin would be formed by excavating material from the wetland
starting from a 2 metre wide buffer along the property line on the northwest, north and
northeast sides of the property. The excavation would be at a slope of 5 to 1 to elevation
25.5 metres. Some of the wetland materials removed at the surface would be replaced at
the new bottom elevation, slightly below the outlet pipe inverts at elevation 26.0 metres.
This would allow accumulation of water, needed to maintain the wetland during dry
weather. The overall depth of active (usable) storage would range from 1.6 metres in
section 1 to 2.2 metres in section 3; from the design high water level to the outlet pipe
invert, just above the invert elevation of the storm sewer on Millidge Avenue,
• The estimated excavation required to form the three sections is approximately 24,900
cubic metres of soils. A small portion of this excavated material, approximately 2,500
cubic metres of wetland material, would be retained on site and used to create the new
open water wetland at the bottom of each section;
• Each section would be connected by a pond outlet pipe complete with an inlet control
device, sized to back -up the runoff flows that are directly tributary to each section. A
weir structure would separate each section and allow excess flows to pass from section
to section and eventually to the existing swale adjacent Miilidge Avenue where excess
flows currently spill; and
• All of the available storage would be filled with runoff from a 1 in 100 year design rainfall
event and inlet control devices are sized to allow a total of 0.21 m3 /s from this area.
5.4 Probable Costs of Construction
Estimates of the probable costs of construction were developed based on the unit costs
provided in the latest version of Division 4.5 Schedule of Quantities and Unit Costs.
Additional costs were developed based on previous experience with similar works. The
estimates are presented in Table 1.
Table 1 shows the estimated costs for the major components for the project, The main
component is earth works, including: excavation of wetland material, stockpiling and
reinstatement and excavation of clay and slit till and removal from site of all but a small
amount of It. The unit rate for excavation and disposal of surplus material used for
estimation purposes was the same as provided in the assessment at Caledonia Brook. As
discussed previously, these rates could be significantly different. It Is anticipated that the
tender amounts for these units' will depend on the contractor's ability to locate a site for
disposal of surplus material and for stockpiling wetiand material.
man.as 1-E001 wooDHAVEN bP EXCAVATION OPTION REPr 02.0 CXFJB
EQ 2aaala Tiamw AAWp :sMIS 11'.11;00 AM
Jodi Stringer - Webb
7 February 2013
Page 6 of 6
mmt Tahip 1! M.-- -Hied Detention Storaree Pond Estimated PnabghlnC-D"
strstctlon Cost
COOL J:iUrMO ..
Cortsutttng [bran 1 Wetland Excavation, Stockpiling and Disposal of Surplus $204,000
Common Excavation and.Disposal $647,50D
Storm Sewer and Flow Control Components $81,100
Sediment Control
$3,400
Fence
$64,800
Conti ency —10% Sinn. 100
Note
As with any drainage system, there is potential for the water levels in the existing wetland and
in the proposed pond to reach elevation 28.2 metres. To minimize the risk of flood damage,
no structure that could be damaged by flooding should be constructed below this elevation
adjacent to the wetland or proposed detention ponds. No basements drainage from
structures below this elevation should be connected to the wetlands orthe proposed ponds.
We trust that this provides a satisfactory summary of our assessments. Please let us know If
you would like additional information.
Yours very truly,
7
Prepared by:
Mike DeLay, P.Eng.
Senior Water Resources Engineer
Direct: (506) 633 -6650 Ext. 3279
E -Mail: miked@cbcl.ca
& -1 //¢
Reviewed by:
Douglas Brownrigg, P,Eng.
Senior Project Manager
This documentwas prepared for the party indicated herein. The material and Intomisfim in the document reflects C9CL UmWs opinion and heat
Judgment based on tie IntomWon wHable at the *% of preWalon, Any use of M doCLFrAN or nrlianoe on b owdiant by tmrd parties is fine
respnmMity of fine U*d parry. CBCL t.imited acc" no responsibRNyfor any damages sutered as a result of flrid party use of Yes ftnnsnt.
Attachments.
Figure 1:
Original Overall Layout and Excavation Plan
Figure 2:
Original Outlet Pipe and Overflow Swale
Figure 3:
Modified Overall Layout and Excavation Plan
Figure 4:
Modified Detention Pond and Outlet Pipe Profile
Graph 1: SWMM Existing Wetland
Graph 2: SWMM with Proposed Detention Basins
Project No: 082847.09
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ASd= ..lA
The My of samt John
May 21, 2013
Deputy Mayor and Councillors
Subject: Committee of the Whole: FCM Conference
The Committee of the Whole, having met on May 21, 2013, adopted the following
recommendation:
That the Mayor and up to three Councillors be permitted to travel to the 2013 FCM Annual
General Meeting in Vancouver, B.C.
Sincerely,
Mel Norton
Mayor
4
SAINT ; ?PN P.O. Box 1971 SahitJohn, NS Canada EX 404 arvAY,•sbntiot n.ra i C.P. 1971 Saint john, N. B. C.an;Aa EM 9L'e