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2015-08-04_Agenda Packet--Dossier de l'ordre du jourr. City of Saint John Common Council Meeting AGENDA Tuesday, August 4, 2015 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plaft utiliser 1'entree Chipman Hill Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658 -2862. Pages 1. Call to Order - Prayer 2. Approval of Minutes 2.1 Minutes of July 20, 2015 2-12 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 K. McLean re: University First Class Painters (Recommendation: Receive for 13-14 Information) 5.2 Sculpture Saint John (Recommendation: Receive for Information) 15-16 5.3 Aquisition of Easement for Collections and Drainage of Surface /Storm 17-23 Waters & Municipal Services - 11 Willow Roadway - PID #5521922 (Recommendation in Report) 5.4 Proposed Public Hearing Date - 100 Watson Street/304 -306 King Street West 24-25 and 30 -40 Galbraith Place (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 National Peacekeeper's Day - August 9, 2015 26-26 1 Powered By; SQ?1BE 8. Delegations / Presentations 8.1 2015 Emera Marathon by the Sea Organizing Committee 27-28 9. Public Hearings - 6:30 p.m. 9.1 Section 39 Amendment - 47 -69 Ross Street and 68 -74 St. James Street (Staff 29-39 Presentation) 9.1.1 Planning Advisory Committee report recommending Section 39 40-101 Amendments 9.1.2 Proposed Section 39 Amendment 102-106 9.1.3 B. Ryan Letter of Support 107-107 10. Consideration of By -laws 10.1 Third Reading - Stop Up and Close portion of Clovelly Drive 108-108 11. Submissions by Council Members 11.1 True Growth Update (Mayor Norton) 109-109 12. Business Matters - Municipal Officers 12.1 City of Saint John Sunshine List / City of Saint John Collective Agreements 110 - 119 12.2 East Side Library Relocation to SJ Transit Building 120-125 12.3 Train Whistling Update 126-129 12.4 Interim Project Financing Saint John Industrial Parks 130-134 13. Committee Reports 13.1 City of Saint John Shared Risk Pension Plan: 2014 Audited Financial 135-148 Statements 13.2 1450 Hickey Road Subdivision and Variances - Staff Presentation 149-159 13.2.1 Planning Advisory Committee: Proposed Subdivision 1450 Hickey 160-172 Road 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Mardi Gras for MindCare Street Closure 173-186 15.2 Horizon Health Network - Proclaiming The City of Saint John as a 187-187 2 Breastfeeding Community 16. Supplemental Agenda 16.1 Provincially Designated Highways Proposed Five -Year Capital Improvement 188-191 Program (2016 -2020) 16.2 Contract No. 2015 -21 - Belleview Avenue — Watermain, Sanitary, Storm and 192-193 Street Reconstruction 16.3 Contract No. 2015 -16 - Harding Street West — Watermain, Sanitary Sewer and 194-195 Storm Sewer Installation 16.4 2015 General Fund Preliminary Operating Fund Results 196-200 16.5 Update regarding the Chief of Police search (Verbal) 17. Committee of the Whole 17.1 Former Fire Department Training Grounds Off of Millidge Ave and University 201 -232 Ave 17.2 Appointments to Committees 233-234 17.3 Appointment to FCM 235-235 18. Adjournment 3 City of Saint John Common Council Meeting Tuesday August 4, 2015 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 subsection 10.2(4) of the Municipalities Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:00 p.m. 8t" Floor Boardroom City Hall 1.1 Approval of Minutes 10.2(4) 1.2 Nominating Committee 10.2(4)0) 1.3 Financial Matter 10.2(4)(c) 1.4 Land Matter 10.2(4)(d) 1.5 Financial Matter 10.2(4)(c) 1.6 Financial Matter 10.2(4)(c) 1.7 Continued City of Saint John Participation in FCM Committees The City of Saint John Seance du conseil communal Le mardi 4 aout 2015 Comite plenier 1. Ouverture de la seance Si vous souhaitez obtenir des services en frangais pour une reunion du Conseil communal, veuillez communiquer avec le bureau du greffier communal au 658 -2862. Chacun des points suivants, en totalite ou en partie, peut faire ('objet d'une discussion en prive en vertu des dispositions prevues au paragraphe 10.2(4) de la Loi sur les municipalites. Le conseil /comite prendra une ou des decisions a cet egard au cours de la seance publique : 16 h — Salle de conference, 8e stage, hotel de ville 1.1 Approbation du proces- verbal — paragraphe 10.2(4) 1.2 Comite des candidatures — alinea 10.2(4)j) 1.3 Question financiere — alinea 10.2(4)c) 1.4 Question relative aux biens -fonds — alinea 10.2(4)d) 1.5 Question financiere — alinea 10.2(4)c) 1.6 Question financiere — alinea 10.2(4)c) 1.7 Participation continue de la Ville de Saint John aux comites de la Federation canadienne des municipalites (FCM) Seance ordinaire a 18 h 1. Ouverture de la reunion, suivie de la priere 2. Approbation du proces- verbal 2.1 Proces- verbal du 20 juillet 2015 3. Adoption de I'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a I'approbation du conseil 5.1 K. McLean au sujet de University First Class Painters (recommandation accepter a titre informatif) 5.2 Sculpture Saint John (recommandation : accepter a titre informatif) 5.3 Acquisition d'une servitude pour la collecte et le drainage des eaux de surface /pluie et les services municipaux visant le 11, chaussee Willow — NID 5521922 (recommandation figurant au rapport) 5.4 Date proposee pour la tenue d'audiences publiques relativement au 100, rue Watson, aux 304 -306, rue King Ouest et aux 30 -40, place Galbraith (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Journee nationale des Gardiens de la paix le 9 aout 2015 8. Delegations et presentations 8.1 Comite organisateur du marathon pres de la mer Emera 2015 9. Audiences publiques a 18 h 30 9.1 Modification des conditions imposees par I'article 39 visant les 47 -69, rue Ross et les 68 -74, rue St. James (presentation du personnel) 9.1.1 Rapport du Comit6 consultatif d'urbanisme recommandant la modification des conditions imposees par I'article 39 9.1.2 Projet de modification des conditions imposees par I'article 39 9.1.3 Lettre d'appui de B. Ryan 10. Etude des arretes municipaux 10.1 Troisieme lecture de I'Arrete concernant la fermeture et le barrage de routes — trongon de la promenade Clovelly 11. Interventions des membres du conseil 11.1 Programme de croissance reelle (maire Norton) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Liste d6voilant la remuneration des employes de The City of Saint John /Conventions collectives de The City of Saint John 12.2 Reinstallation de la bibliothbque publique de Saint John, succursale est, dans ('installation de la Commission des transports de Saint John 12.3 Le point sur I'arret du sifflement des trains 12.4 Financement d'un projet provisoire — Saint John Industrial Parks 13. Rapports deposes par les comites 13.1 Etats financiers verifies de 2014 du regime de retraite a risque partag6 de The City of Saint John 13.2 Lotissement et derogation visant le 1450, chemin Hickey — Presentation du personnel 13.2.1 Comit6 consultatif d'urbanisme : Projet de lotissement au 1450, chemin Hickey 14. Etude des sujets 6cart6s des questions soumises a I'approbation du conseil 15. Correspondance g6nerale 15.1 Fermeture de rue a I'occasion du concert de rue style « Mardi gras » organise pour la fondation MindCare 15.2 R6seau de sant6 Horizon — Proclamation de The City of Saint John en tant que collectivit6 soutenant I'allaitement 16. Ordre du jour supplementaire 16.1 Routes provinciales design6es — Programme quinquennal d'am6lioration des immobilisations proposb (2016 a 2020) 16.2 Contrat no 2015 -21 : Avenue Belleview — Conduite d'eau principale, 6gouts sanitaires et pluviaux, et travaux de r6fection de la rue 16.3 Contrat no 2015 -16 : Rue Harding Ouest — Installation de la Conduite d'eau principale, des 6gouts sanitaires et des 6gouts pluviaux 16.4 Resultats preliminaires du budget de fonctionnement du fonds d'administration de 2015 16.5 Mise a jour sur la recherche d'un chef de police (rapport verbal) 17. Comite pienier 17.1 Anciens terrains d'entrarnement du Service d'incendie a proximite de I'avenue Millidge et de I'avenue University 17.2 Nominations aux comites 17.3 Nomination a la Federation canadienne des municipalites (FCM) 18. Levee de la seance 98- COMMON COUNCIL /CONSEIL COMMUNAL JULY 20, 2015/LE 20 JUILETTE 2015 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — JULY 20, 2015 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe, MacKenzie, McAlary, Merrithew, Norton, Reardon and Strowbridge - and - W. Edwards, Acting City Manager / Commissioner of Transportation and Environment Services; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; J. Hamilton, Commissioner of Growth and Community Development; N. Jacobsen, Commissioner of Strategic Services; K. Clifford, Fire Chief; P. Ouellette, Executive Director; J. Taylor, Common Clerk; P. Anglin, Deputy Common Clerk Call To Order Mayor Norton called the meeting to order. 2. Approval of Minutes 2.1 Minutes for June 22, 2015 On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that the minutes of the meeting of Common Council, held on June 22, 2015, be approved. Question being taken, the motion was carried. 2.2 Minutes for July 7, 2015 On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the minutes of the meeting of Common Council, held on July 7, 2015, be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the agenda of this meeting be approved with the additions of items 16.1 Contract No. 2015 -20: Westgate Park Storm Drainage Channel Upgrades; 16.2 2015 Fleet Replacement — Tender Awards — Phase 1; 16.3 Contract No. 2015 -19: Golden Grove Road Water Pumping Station Upgrades; 16.4 Presentation — Saint John Theatre Company (Mayor Norton); 16.5 Emera Marathon by the Sea — Request to Present; 17.1 City Manager Employment Agreement between the City of Saint John and Mr. Jeff Trail; 17.2 Sale of "to Be" Closed Portion of Clovelly Drive; 17.3 Settlement Small Claims Court Action — Ms. N. T.(Employee No. 3779); 17.4 Lily Lake Trail Lighting — Donation from Saint John Energy; 17.5 The City of Saint John v. M.B. and C.U.P.E. Local 18 — Decision of the Court of Appeal and Next Steps. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 That the request for a proclamation from Canadian Peacekeeping Veterans Association be approved and staff draft a proclamation for the August 4, 2015 Council meeting. I 98- COMMON COUNCIL /CONSEIL COMMUNAL JULY 20, 2015/LE 20 JUILETTE, 2015 5.2 That the Saint John Canada Day Committee Letter re 2015 Canada Day Celebrations be received for information. 5.3 That the letter from Carleton -Kirk Lodge - Request for Reimbursement of Building Permit Fee be referred to the City Manager. 5.4 That as recommended by the City Manager in the submitted report entitled Tenders for Sodium Hypochlorite NaOC/ - 2015- 681002T and Chlorine Gas 2015- 6810037, the tenders for the establishment of supply agreements for chemicals used to treat the City's potable water supply be awarded to the lowest bidder, LAVO Inc. for Sodium Hypochlorite and Brenntag Canada Inc. for Chlorine Gas. 5.5 That as recommended by the City Manager in the submitted report M &C- 2015- 136: Agreement with 630794 NB Inc. to Connect Sanitary Sewer Lateral to City Infrastructure, the City of Saint John enter into the agreement with 630794 N.B. Inc. attached to M & C - 2015 -136 and that the Mayor and Common Clerk sign the agreement. 5.6 That the submitted report M &C- 2015 -151: Public Information Session - Belleview Avenue - Watermain, Sanitary, Storm, and Street Reconstruction, be received for information. 5.7 That as recommended by the City Manager in the submitted report M &C- 2015- 152: Easement Acquisition for New Pedestrian Crossing Equipment Civic No. 113 Bayside Drive (668892 NB Ltd.) PID 55177117: 1. RESOLVED that The City of Saint John acquire from 668892 N.B. Ltd., an Easement in and through the lands at civic # J13 Bayside Drive (bearing PID #55177117) for $1.00, on the terms and conditions contained in the Agreement of Purchase and Sale attached to M &C 2015 - 152; and 2. That the Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction. On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. Question being taken, the motion was carried. 6. Members Comments Council members commented on various community events. 17.1 City Manager Employment Agreement between the City of Saint John and Mr. Jeff Trail By request, the agenda item 17.1 was rearranged in order to conduct business before Council more expeditiously. The Mayor commented that the national search for the city manager was led by the consulting firm Knightsbridge Robertson Surrette. On motion of Councillor Reardon Seconded by Councillor Strowbridge RESOLVED that Common Council approve the Employment Agreement between The City of Saint John and Mr. Jeff Trail, a copy of which accompanied the July 20th 2015 correspondence in this regard from Committee of the Whole to Common Council, and further that the Mayor and Common Council be authorized to execute the aforesaid Agreement on condition that it has been executed by Mr. Jeff Trail not later than the 24th day of July, 2015. Deputy Mayor Rinehart went on record stating she is voting nay not because of the candidate, but due to the contract terms, including the assessment terms and assessment criteria. Councillor MacKenzie went on record stating his reasons for voting nay have nothing to do with the candidate, he could not support the contract terms. 9 98- COMMON COUNCIL /CONSEIL COMMUNAL JULY 20, 2015/LE 20 JUILETTE 2015 Question being taken, the motion was carried with Deputy Mayor Rinehart and Councillors McAlary, MacKenzie, Lowe voting nay. 13.1 P.R.O. Kids 2014 Annual Report By request, the agenda item 13.1 was rearranged in order to conduct business before Council more expeditiously. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that Common Council receive for information the P.R.O. Kids 2014 Annual Report. Question being taken, the motion was carried. 7. Proclamation 8. Delegations /Presentations 9. Public Hearings 6:30 P.M. 9.1 Proposed Street Closing - Clovelly Drive The Common Clerk advised that the necessary advertising was completed with regard to the proposed by -law amendment to stop -up and close Clovelly Drive, by adding thereto Section 240 immediately after Section 239, with no objections received. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with no one presenting. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the by -law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in the City of Saint John" regarding Clovelly Drive, by adding thereto Section 240 immediately after Section 239 thereof, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in the City of Saint John." On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the by -law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in the City of Saint John" regarding Clovelly Drive, by adding thereto Section 240 immediately after Section 239 thereof, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in the City of Saint John." 10. Consideration of By -laws (Deputy Mayor Rinehart and Councillor Strowbridge withdrew from the meeting.) 10.1 Third Reading - Zoning By -Law Amendment - 27 Cliff Street On motion of Councillor McAlary Seconded by Councillor Reardon 11 98- COMMON COUNCIL /CONSEIL COMMUNAL JULY 20, 2015/LE 20 JUILETTE, 2015 RESOLVED that the by -law entitled, "By -Law Number C.P. 111 -9 A Law to Amend the Zoning By -Law of The City of Saint John ", amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 323 square metres, located at 27 Cliff Street, also identified as a portion of PID number 55012074, from Major Community Facility (CFM) to Urban Centre Residential (RC), be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number C.P. 111 -9 A Law to Amend the Zoning By -Law of The City of Saint John ", was read in its entirety. On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the by -law entitled, "By -Law Number C.P. 111 -9 A Law to Amend the Zoning By -Law of The City of Saint John ", amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 323 square metres, located at 27 Cliff Street, also identified as a portion of PID number 55012074, from Major Community Facility (CFM) to Urban Centre Residential (RC), be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number C.P. 111 -9 A Law to Amend the Zoning By -Law of The City of Saint John ". (Deputy Mayor Rinehart and Councillor Strowbridge re- entered from the meeting.) 11. Submissions by Council Members 11.1 Cedarwood Drive Sidewalk and Curb (Councillor MacKenzie) On motion of Councillor MacKenzie Seconded by Councillor Reardon RESOLVED that Common Council direct the City Manager to have the appropriate staff perform a cost analysis to upgrade Cedarwood Drive, between Admiralty Drive and Woodward Avenue, by adding a sidewalk on one side and a curb on the opposite side and to report back to Council, within six weeks, on the cost and recommendation for implementation. Question being taken, the motion was carried. 11.2 Train Whistle Cessation (Councillor Lowe) On motion of Councillor Lowe Seconded by Councillor Strowbridge RESOLVED that Common Council direct the City Manager to provide an update at the next Council meeting on train whistle cessation at Thorne Avenue and Rothesay Avenue, including what has taken place over the past two years, why the delays and who is responsible. Question being taken, the motion was carried. 11.3 Reversing Falls Trails (Councillor McAlary) On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that Council request the City Manager to advise Council if it is possible for this year to at least cut the grass etc. from the paths at the Reversing Falls trails and ensure that the garbage is picked up on a regular basis. Also, to request the City Manager to advise Council who owns the boat dock etc. And further that the City Manager be asked to consider the land on the west side just across from the boat dock as a possible site for the Marco Polo replica. Question being taken, the motion was carried. 5 98- COMMON COUNCIL /CONSEIL COMMUNAL JULY 20, 2015/LE 20 JUILETTE 2015 11.4 Canada Day 2017 (Councillor Strowbridge) On motion of Councillor Strowbridge Seconded by Councillor MacKenzie RESOLVED that Common Council direct the Nominating Committee to create a citizens committee with assigned City staff to oversee the Canada Day 2017 celebration. And further that the committee structure be discussed at a later meeting of Council. Question being taken, the motion was carried with Councillor McAlary voting nay. 12. Business Matters - Municipal Officers 12.1 H. Sauerteig concern on Liaison Plans of Local Pipeline Companies to Secure the Participation of First Responders in Emergencies On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that Common Council receive for information the submitted report entitled, H. Sauerteig concern on Liaison Plans of Local Pipeline Companies to Secure the Participation of First Responders in Emergencies be received for information. Question being taken, the motion was carried. 12.2 2014 Annual Report S. Rackley- Roach, Manager of Corporate Planning, outlined highlights of the report. On motion of Councillor MacKenzie Seconded by Deputy Mayor Rinehart RESOLVED that Common Council receive for information the submitted report entitled, 2014 Annual Report entitled, Investment in Our Priorities — Working Together for a Sustainable Saint John. Question being taken, the motion was carried. 12.3 Capital Financing Consideration was given to a report entitled Capital Financing, submitting as a first step in the permanent financing of certain Capital Projects and to refinance debentures issued in 2005, a Notice of Motion, and advising that the Notice of Motion does not commit the City to any further action. It does however place the City in a position to take action after the expiry of 30 days at such time as bond market conditions and opportunities exist. And further, that at this stage, it is not necessary to set limits with respect to the coupon rate or the terms for which bonds are issued, as these will be related to the market conditions at that time. The Commissioner of Finance explained the capital financing for projects and refinancing for debentures. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that having considered the recommendation in the submitted report entitled, M &C- 2015 -145: Capital Financing, Common Council approve the following Notice of Motion and resolution: Notice of Motion: I, Mayor Mel Norton, do hereby give Notice that I will, at a meeting of Common Council held after the expiration of 30 days from this day, move or cause to be moved, the following resolution: Namely, RESOLVED that occasion having arisen in the public interest for the following Public Civic Works and needed Civic Improvements, that is to say: Purpose of Issue X 98- COMMON COUNCIL /CONSEIL COMMUNAL JULY 20, 2015/LE 20 JUILETTE, 2015 GENERALFUND Transportation Services $ 1,000,000 Economic Development $ 1,000,000 SAINT JOHN TRANSIT COMMISSION REFINANCING DEBENTURES 2,000,000 Debenture No. AT 14 -2005 $ 2,370,000 (General Fund - 5 years) Debenture No. AT 15 -2005 $ 1,750,000 (Water & Sewerage - 10 years) 1,000,000 Debenture No. AT 16 -2005 $ 200,000 (Transit Commission - 5 years) 4,320,000 TOTAL $7,320,000 THEREFORE RESOLVED that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the amount of $7,320,000. Question being taken, the motion was carried. 12.4 Water and Sewerage Accounts Receivable On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that Common Council receive for information the submitted report entitled, M &C- 2015 -147: Water and Sewerage Accounts Receivable. Question being taken, the motion was carried. On motion of Councillor Merrithew Seconded by Councillor McAlary RESOLVED that the Finance Committee provide updates with respect with Water and Sewerage Accounts Receivable to Council on a quarterly basis. Questions being taken, the motion was carried with Councillor Lowe voting nay. 12.5 Winter On- Street Parking Regulations K. Rice and T. O'Reilly outlined the recommendations in the Report. On motion of Councillor Reardon Seconded by Councillor Norton RESOLVED that Common Council approve the recommendation in the submitted report entitled, M &C- 2015 -147: Winter On- Street Parking Regulations, as follows: 1. Endorse in principal Options 6 and 8(b) as described in this report, 2. Direct the City Manager to report back to Common Council prior to October 15, 2015 with an implementation plan for Options 6 and 8(b) that would include the required amendments to the City's Traffic By -Law, communicating the planned regulations changes to the public, developing a protocol of communicating parking bans to the public, and enhanced coordination protocol between snow clearing operations supervisors and the Saint John Police Force. 7 98- COMMON COUNCIL /CONSEIL COMMUNAL JULY 20, 2015/LE 20 JUILETTE 2015 3. Direct the City Manager to request the Province of New Brunswick consider amending Section 113(5) of the Provincial Motor Vehicle Act such that parking restrictions for the purpose of snow clearing can be achieved at any time without installing traffic control devices (signs). Question being taken, the motion was carried with Councillors Merrithew and McAlary voting nay. On motion Councillor Norton Seconded by Councillor Lowe RESOLVED that the City of Saint John request the Province of New Brunswick to amend the applicable sections of the Motor Vehicle Act to allow the City's Parking Commission or Local Municipal Parking Authority the authority to tow vehicles that are in breach of parking bylaws or vehicles abandoned causing a safety hazard or inconvenience to motorists and pedestrians. Question being taken the motion was carried. On motion of Councillor Farren Seconded by Councillor Lowe RESOLVED that the City Manager be directed to bring back a report and recommendation to Council on the costs and feasibility of equipping existing equipment with plows. Question being taken, the motion was carried. 12.6 Winter Management Plan - Priority 3 and 4 Streets On motion of Deputy Mayor Rinehart Seconded by Councillor Reardon RESOLVED that as recommended by the City Manager in the submitted report M &C- 2015 -125: Winter Management Plan - Priority 3 and 4 Streets, be received for information. Question being taken, the motion was carried with Councillor McAlary voting nay. 12.7 Contract No. 2015 -03 - Water Main Cleaning and Lining - Phase II On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report M &C- 2015 -135: Contract No. 2015 -03 - Water Main Cleaning and Lining - Phase fl, Contract 2015 -03: Water Main Cleaning & Lining - Phase 11, be awarded to the tenderer, Trenchless Solutions Inc., at the revised tendered price of $1,383,289.50 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 12.8 Contract No. 2015 -14 - Retaining Wall Replacement - Wright Street On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report M &C- 2015 -150, Contract No. 2015 -14: Retaining Wall Replacement - Wright Street be awarded to the low Tenderer, Fairville Construction Ltd., at the tendered price of $416,938.36 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried with Deputy Mayor Rinehart voting nay. 13. Committee Reports 98- COMMON COUNCIL /CONSEIL COMMUNAL JULY 20, 2015/LE 20 JUILETTE, 2015 13.2 2014 Audited Financial Statements Saint John Transit Commission and Saint John Parking Commission G. Yeomans provided comments on the financial statements. On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that Common Council receive for information the submitted report and the 2014 Audited Financial Statements of the Saint John Transit Commission and the 2014 Audited Financial Statements of the Saint John Parking Commission. Question being taken, the motion was carried. 13.3 Saint John Board of Police Commissioners - Saint John Police Force - 2015 Operating Budget April Financial Results On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that Common Council receive for information the submitted report Saint John Board of Police Commissioners - Saint John Police Force — 2015 Operating Budget April Financial Results. Question being taken, the motion was carried. 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 L. Harlow Letter re University Painters Signage On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the letter from Mr. L. Harlow regarding University Painters signage be referred to the City Manager. Question being taken, the motion was carried. 15.2 P. Groody Letter re Bad Deals and Worse On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the correspondence from Mr. P. Groody be received for information. Question being taken, the motion was carried. 15.3 Canadian Association of Fringe Festivals - Request to Reinstate Funding On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that Canadian Association of Fringe Festivals - Request to Reinstate Funding be referred to the 2016 budget process. Question being taken, the motion was carried. 15.4 Peter Buckland Letter re Funding to the Arts On motion of Councillor McAlary Seconded by Councillor Deputy Mayor Rinehart RESOLVED that Peter Buckland's Letter re Funding to the Arts be referred to the 2016 budget process. Question being taken, the motion was carried. 16. Supplemental Agenda 9 98- COMMON COUNCIL /CONSEIL COMMUNAL JULY 20, 2015/LE 20 JUILETTE 2015 16.1 Contract No. 2015 -20: Westgate Park Storm Drainage Channel Upgrades On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the City Manager in the submitted report M &C- 2015 -130, Contract No. 2015 -20: Westgate Park Storm Drainage Channel Upgrades be awarded to the low Tenderer, Galbraith Construction Ltd. at the tendered price of $115,938.00 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 16.2 2015 Fleet Replacement — Tender Awards — Phase 1 On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report M &C- 2015 -153: 2015 Fleet Replacement — Tender Awards — Phase 1, Common Council award the tenders as follows: 1) One (1) single axle plow and dump truck at a total cost of $240,591.20 plus HST to Applied Pressure Inc.; 2) Five (5) tandem plow and dump trucks at a total cost of $1,455,551.00 plus HST to East Coast International Ltd.; 3) One (1) ice resurfacer at a total cost of $79,140.00 plus HST to Resurfice Corp.; and 4) One (1) loader- mounted snowblower attachment at a total cost of $100,775.00 plus HST to Saunders Equipment Ltd. Question being taken, the motion was carried. 16.3 Contract No. 2015 -19: Golden Grove Road Water Pumping Station Upgrades On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the City Manager in the submitted report M &C- 2015 -129: Contract No. 2015 -19: Golden Grove Road Water Pumping Station Upgrades be awarded to the low Tenderer, Fairville Construction Ltd. at the tendered price of $636,190.00 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 16.4 Presentation — Saint John Theatre Company (Mayor Norton) On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that Common Council approve the request from Saint John Theatre Company to present at an upcoming Council meeting re: 25th anniversary events; and further that the Common Clerk be directed to schedule the meeting. Question being taken, the motion was carried. 16.5 Emera Marathon by the Sea — Request to Present On motion of Councillor McAlary Seconded by Councillor Deputy Mayor Rinehart RESOLVED that Common Council approve the request from Patrick Grannan on behalf of the 2015 Emera Marathon by the Sea Organizing Committee to present to Council on August 4`", 2015 and that the Common Clerk be directed to schedule the meeting. 10 98- COMMON COUNCIL /CONSEIL COMMUNAL JULY 20, 2015/LE 20 JUILETTE, 2015 Question being taken, the motion was carried. 17. Committee of the Whole 17.2 Land Matter 10.2(4)(d) - Sale of "To Be" Closed Portion of Clovelly Drive On motion of Councillor Merrithew Seconded by Councillor Farren RESOLVED that as recommended by the Committee of the Whole, having met on July 20th, 2015, Common Council adopt the recommendation in the submitted report entitled, M &C 2015 -139: Sale of "To Be" Closed Portion of Clovelly Drive, as follows: 1. RESOLVED that The City of Saint John enter into an Offer of Purchase and Sale in the form as attached to this M & C # 2015 -139 for the sale of the "To Be" closed portion of Clovelly Drive as shown on a Plan of Survey prepared by Kierstead Quigley and Roberts Ltd. dated June 16, 2015, showing a portion of Clovelly Drive, comprising an area of 1,011 square metres ±; and 2. That the Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction. Question being taken, the motion was carried. 17.3 Settlement Small Claims Court Action — Ms. N. T.(Employee No. 3779) On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that as recommended by the Committee of the Whole, having met on July 20th, 2015, Common Council adopt the recommendation in the submitted report entitled, Settlement - Small Claims Court Action - Ms. N. T. (Employee No. 3779), as follows: RESOLVED that a payment of $10,446.26, which represents 75% of a onetime payment in lieu of Retirement Pay, be paid to a former employee of the City who was, while an employee, identified by Employee No. 3779, on condition that such former employee provide to the City a Full and Final Release in a form acceptable to the City Solicitor or his designate. Question being taken, the motion was carried. 17.4 Lily Lake Trail Lighting — Donation from Saint John Energy On motion of Deputy Mayor Rinehart Seconded by Councillor Farren RESOLVED that as recommended by the Committee of the Whole, having met on July 20th, 2015, Common Council adopt the recommendation in the submitted report entitled, Lily Lake Trail Lighting — Donation from Saint John Energy, as follows: RESOLVED that the Mayor and Common Clerk be authorized to execute the Memorandum of Understanding (MOU) accompanying this report, between the City of Saint John and the Power Commission of the City of Saint John (Saint John Energy); and RESOLVED that Common Council direct the preparation of an agreement reflective of the terms contained in the Memorandum of Understanding (MOU) accompanying this report and further that the Mayor and Common Clerk be authorized to sign the said agreement, and RESOLVED that Common Council grant early access to Saint John Energy for the purpose of surveying, or testing to allow them to finalize the design details of the proposed lighting project" Question being taken, the motion was carried. 11 98- COMMON COUNCIL /CONSEIL COMMUNAL JULY 20, 2015/LE 20 JUILETTE 2015 17.5 The City of Saint John v. M. B. and C.U.P.E. Local 18 — Decision of the Court of Appeal and Next Steps On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the Committee of the Whole, having met on July 20th, 2015, Common Council adopt the recommendation in the report entitled, The City of Saint John v. M.B. and C. U.P.E. Local 18 — Decision of the Court of Appeal and Next Steps as follows: RESOLVED that the City Solicitor or his designate be authorized and directed to file an Application for Leave to Appeal the decision of the Court of Appeal of New Brunswick in the matter of The City of Saint John v. Canadian Union of Public Employees, Local 18 and M.B., dated June 18th, 2015 and further identified by Court File No. 106- 14 -CA, to the Supreme Court of Canada. Question being taken, the motion was carried. 18. Adjournment On motion of Councillor Farren Seconded by Councillor Norton RESOLVED that the meeting of Common Council held on July 22, 2015 be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned.at 9:20 p.m. Mayor / maire Common Clerk / greffier communal 12 Evans, Richard From: External - CommonClerk Sent: July -22 -15 11:07 AM To: Evans, Richard Cc: Taylor, Jonathan Subject: FW: University First Class Painters From External email From: Kira McLean [mailto:kmclean @ufcp.ca1 Sent: July -17 -15 3:02 PM To: External - CommonClerk Subject: University First Class Painters Dear Saint John Council, I'm one of the University First Class Painters franchise managers in Saint John just getting in touch about a recent complaint you received about our signs. I just wanted to let you know that most of the signs have been removed and the rest will be taken down over the weekend. I also wanted to address some of the hostility of the complaint about us and hopefully clear things up so that Saint John can be a more friendly place to do business, as well as explain a little but about the structure of University Painters that might help to make your interactions with them in the future easier. University Painters is just a franchisor and each outlet is independently owned by a student manager. We are not seeking to compete with any already established businesses or to take anyone's existing business. If customers choose to hire University Painters for their painting needs it is because of our unique and flexible service. University Painters is simply a way for young people to make a living in the summer in a province and city where it is next to impossible to find relevant, well - paying work as a student or recent graduate and where many local businesses, clearly, are very hostile and unwelcoming to youth. The company provides management experience for students like myself, and work experience for local students who would otherwise be unemployed. Most of the points in the complaint you received are incorrect. First, University Painters does contribute to local employment. There are three franchise managers in the area, including myself, who would never have the opportunity to gain first -hand management experience at any other company. We also each employ four to six employees who gain experience with either painting or marketing a small business. Again, these are young people who would otherwise be unemployed. Also we do pay taxes. Each independent franchisor is fully registered and licensed to do business in NB. We do have overhead costs, like any business. Each independent franchisor takes on considerable risk by investing large amounts of money in a vehicle or vehicles, ladders, pressure washing and painting equipment, insurance, training, among many other expenses associated with starting this type of business. There are also ongoing overhead costs throughout the summer such as fuel, cell phone, accounting, and marketing. Again, if customers choose University Painters it is not because we have "no overhead" or because there is an "unfair process" at play, it is because we offer a quality service at reasonable prices with lots of flexibility in our scheduling. We don't want to disturb any established local businesses, we are just a few students trying to make a living close to home. 13 Kira McLean Franchise Manager, Saint John East University First Class Painters 14 Mayor Mel Norton and Members of Council As a community partner for Sculpture Saint John and the New Brunswick International Sculpture Symposium I wanted to take the time to update you on what has been happening and the new things we are working on. It has been very busy since the last symposium. August 41h- September 17th, 2016 we will hold the third International Sculpture Symposium on the Saint John Waterfront. At this point we have seven confirmed community partners: Town of Riverview Saint John Airport Port Saint John Town of Oromocto NB Medical Society- Fredericton (in honor of their 150th anniversary) Village of Cambridge- Narrows Town of Grand Bay- Westfield (number three!) We are looking for an eighth partner if you know of a community or group who are interested in participating. We also have opportunities for 2018 and 2020. Early in August you will be receiving an invitation to an announcement. This will give us an opportunity to show you the new things we, with our ACOA partnership, have been working on to help boost tourism and attract visitors to come see the wonderful public art in your community. We will showcase a mobile app for smart phones, a new mobile friendly website and a revised trail map, all highlighting the International Sculpture Trail. We are also working with the Two Nation Vacation effort to attract visitors from New England to Maine and New Brunswick to take the Trail. We are excited to have just released a video of Sculpture Saint John 2014. This will be used as a documentary to be sent out to the schools. Last year we paid for busing which resulted in over 1200 school children attending the symposium. Next year we plan to do the same thing. Here is the link to the video: https:,[.Ivimeo.com /129128936 15 Sculpture Saint John PO Box 20090 RPO Brunswick Square Saint John, NB Sculpture www.SculptureSaintJohn.com Twitter @sculpturesj J 0 H N Facebooksculpturesaintjohn Mayor Mel Norton and Members of Council As a community partner for Sculpture Saint John and the New Brunswick International Sculpture Symposium I wanted to take the time to update you on what has been happening and the new things we are working on. It has been very busy since the last symposium. August 41h- September 17th, 2016 we will hold the third International Sculpture Symposium on the Saint John Waterfront. At this point we have seven confirmed community partners: Town of Riverview Saint John Airport Port Saint John Town of Oromocto NB Medical Society- Fredericton (in honor of their 150th anniversary) Village of Cambridge- Narrows Town of Grand Bay- Westfield (number three!) We are looking for an eighth partner if you know of a community or group who are interested in participating. We also have opportunities for 2018 and 2020. Early in August you will be receiving an invitation to an announcement. This will give us an opportunity to show you the new things we, with our ACOA partnership, have been working on to help boost tourism and attract visitors to come see the wonderful public art in your community. We will showcase a mobile app for smart phones, a new mobile friendly website and a revised trail map, all highlighting the International Sculpture Trail. We are also working with the Two Nation Vacation effort to attract visitors from New England to Maine and New Brunswick to take the Trail. We are excited to have just released a video of Sculpture Saint John 2014. This will be used as a documentary to be sent out to the schools. Last year we paid for busing which resulted in over 1200 school children attending the symposium. Next year we plan to do the same thing. Here is the link to the video: https:,[.Ivimeo.com /129128936 15 Please feel free to share it. August 41h we will begin the International call to artists with applications closing October 1St, 2015. In 2014 we had 165 applicants for the 8 positions. By January the final artists will be chosen and matched with their community partner. We are excited to tell you that Jim Boyd will be returning as one of the 2016 artists. Early in January we will choose the six New Brunswick interns who will participate in an artist in residency program, living and working alongside the artists. If you know someone who would be interested please ask them to watch the website for the application. As you can see we have been very busy and the fun is just beginning as we prepare for the next symposium. I look forward to seeing you at launch in August and please do not hesitate to contact me if you have any questions. Diana Alexander Executive Director New Brunswick International Sculpture Symposium Sculpture Saint John Diana. aexander@sculpturesaintjohn.com 506 - 643 -8358 16 REPORT TO COMMON COUNCIL M &C- 2015 -158 July 28, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Acquisition of Easement for Collection and Drainage of Surface /Storm Waters & for Municipal Services 11 Willow Roadway — PID # 55212922 BACKGROUND F City of Saint John The existing storm water drainage infrastructure in and through a residential property situated at 11 Willow Roadway (PID # 55212922) has outlived its useful life, resulting in occasional localized storm water flooding. The solution for the problem is to excavate the existing pipe, install a new pipe beneath the roadway, and create an open rock lined ditch enabling proper storm water drainage capacity from Willow Roadway through PID # 55212922 into Blindman's Lake. At present there is no documented easement across this property for the existing infrastructure, and an easement should exist in favour of the City. The property owner of PID # 55212922 is willing to grant the City easements and rights in and through a +/- 270 square metre portion of her land, allowing the required work to be done; now and in the future. Staff have, subject to Common Council approval, negotiated an agreement with Rose Ann Laura Duguay that would result in the City acquiring the easements & rights described above for the price of $540.00 (+ HST if applicable). This price represents fair market value. A copy of the agreement document is attached to this letter. The agreement document has been reviewed by the City Solicitor's Office. This project will be funded through the Saint John 2015 General Operating Budget. 17 M & C-2015 — 158 Easements PID # 55212922 — Laura(aka Rose Ann) Duguay July 28, 2015 RECOMMENDATIONS 1. That The City of Saint John acquire from Rose Ann Laura Duguay, Easements for Collection and Drainage of Surface /Storm Waters & for Municipal Services on, over, in, through, within and under lands being PID # 55212922 for $540.00 (+ HST if applicable) upon the terms and conditions contained in the Agreement of Purchase and Sale attached to M &C 2015 - 158; and 2. That the Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction. Respectfully submitted, Paul Wilson, BBA Brian Irving, BBA, Real Estate Officer Manager Real Estate Grego /Y mans, CPA, CGA, MBA Wm. Edwards Com issio er of Finance Acting City Manager and drrinistrative Services and Commissioner, Transportation and Environment Service Attachments PWW /p -2- Description of Plan: Blindman's Lake Area N I PID: 55212922 Rose Ann Laura Duguay PAN: 05568540 Date: 28 July, 2015 19 AGREEMENT OF PURCHASE AND SALE The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser an easement in a portion of the Vendor's Lands bearing PID # 55212922 as hereinafter set out upon the following terms and conditions: Vendor: ROSE ANN LAURA DUGUAY 11 Willow Roadway, Saint John, NB E2.1 — 3114 Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NB E2 41-1 Attention: Common Clerk Conveyance: Easement in a portion of PID # 55212922 Comprising 270 sq. m. +/- being three metres (3m) on each side of surveyed centreline Illustrated as "+ -270 sq m" on the sketch attached hereto and marked Schedule "A" (hereinafter called "Real Property ") Purchase Price: $ 540.00 + HST if applicable Deposit: $ 100.00 payable upon adoption of Common Council Resolution Balance: $ 440.00 on Closing Closing Date: On or before October 29, 2015. I. The Purchaser shall acquire from the Vendor: (a) easements and rights at the cost, risk and expense of the Purchaser by its officers, servants, agents, contractors and workers to enter the Real Property, at all times and from time to time with machinery, materials, vehicles and equipment (i) to permit the collection and /or drainage of naturally occurring surface and /or storm water on, over, in and through the Real Property; (ii) to construct, alter, maintain, inspect and repair trenches, cuts, ditches and like artificial water channels to permit the collection and /or drainage of naturally occurring surface and storm water on, over, in and through the Real Property; (iii) to construct, alter, maintain, inspect and repair underground water mains or pipelines, storm sewers, sanitary sewers or any like municipal work including all 1 20 Agreement of Purchase and Sale Rose Ann Laura Duguay and The City of Saint John related works appurtenant thereto in, within and under the Real Property, promptly restoring as far as is practicable the surface of the Real Property to the same condition as it was prior to the commencement of the work or excavation; and (b) the right by action or otherwise at any time to enjoin the Vendor and any administrators, successors and assigns of the Vendor from erecting or locating on the Real Property any building, structure or other obstacle which could impair the free or full use of the said easements and rights or permitting the erection or location upon the Real Property of any such building, structure or other obstacle. 2. The Purchaser may examine the title to the Real Property at its own expense until the Closing Date. If within that time any valid objection to the title to the Real Property is made in writing by the Purchaser to the Vendor which the Vendor shall be unable or unwilling to remove within twenty (20) days of notification of such objection or objections and which the Purchaser will not waive, this agreement shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and any deposit shall be returned by the Vendor without interest. 3. The Vendor shall deliver to the Purchaser in a timely manner in registerable form any postponement(s) and /or discharge(s) or partial discharges of any encumbrances which the Purchaser, at its discretion, may require. 4. (i) The Purchaser shall, at its cost, obtain any Plan of Survey required to effect the conveyance herein contemplated; and (ii) The Purchaser shall contribute $500.00 + HST for legal fees expended by the Vendor to finalize the conveyance contemplated herein; and (iii) The Purchaser shall pay for registration & filing fees at SNB for the Plan of Survey, Easement Form 14 and any postponements, discharge(s) or partial discharges of mortgage(s), debenture(s), or other encumbrances. 5. The Vendor shall, at its expense, terminate all leases with respect to the Real Property such that the Purchaser will have vacant possession of the Real Property on the Closing Date. 6. In the event the Purchaser defaults in the purchase contemplated by the terms of this Agreement, any money paid hereunto shall be forfeited to the Vendor by way of liquidated damages, and the Vendor shall have no further or other recourse against the Purchaser. 7. This offer shall be irrevocable by the Vendor until 4:00 p.m. local time on July 29, 2015 and upon acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding 2 21 Agreement of Purchase and Sate Rose Ann Laura Duguay and The City of Saint John upon the parties hereto. 8. This offer when accepted shall be read with all changes of gender or number required by the context shall be binding upon the parties hereto, their respective heirs, executors, administrators, and assigns, and time shall in all respects be of the essence hereof. 9. AND FURTHER, the parties agree that, upon acceptance by the Purchaser and until the Closing Date, the Purchaser, by its authorized representatives, and with such equipment as may be necessary has a right of access to, in and upon the Real Property at any time provided such right is exercised with as little disturbance as possible to the Vendor for such purposes and pursuant to the terms hereinafter set out: a) The right of access is to allow the Purchaser to make improvements to the City of Saint John storm sewerage system, including but not limited to the widening and deepening of the existing storm water drainage ditch; b) Any entry to, in and upon the Real Pro qty shall require 48 1 ou rior w-r-i �I) notice to the Vendor at c) Any entry by or on behalf of the Purchaser shall be at its cost, risk and expense; d) The Purchaser for itself and its authorized representatives hereby indemnifies and saves harmless the Vendor from and against all liability and damages arising by reason of the Purchaser exercising its right of access granted by this clause. 0 IN WITNESS WHEREOF the Vendor has caused these presents to be executed this day of July, 2015. Witness ROSE ANNE L URA DUGUAY AND the Purchaser has caused these presents to be executed this day of 2015. THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 22 3 rat�' .00 0 8 w N 003? G8 43 jou ci8 !A, +�Qyb Me.r-- to a 23 REPORT TO COMMON COUNCIL M &C- 2015 -154 July 21, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: City of Saint John SUBJECT: Proposed Public Hearing Date —100 Watson Street /304 -306 King Street West and 30 -40 Galbraith Place As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. Details of the applications are available in the Common Clerk's office and will form part of the documentation presented at the public hearings. The following applications have been received. Name of Location Existing Proposed Reason Applicant Zone Zone David 100 Watson Street/ CFN & CG To permit a McCashion 304 -306 King Street RM restaurant and West wedding chapel within the former St. George's Anglican Church Barry Gallant 30 -40 Galbraith Place IM (Murfco Inc.) RECOMMENDATION: CC To permit a restaurant, con- venience store, gas bar and car wash That Common Council schedule the public hearings for the rezoning applications of David McCashion (100 Watson Street & 304 -306 King Street West) and Barry Gallant (30 -40 Galbraith Place) for Monday, August 31, 2015 at 6:30 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for a report and recommendation. 24 M & C - 2015- 154 - 2 - July 21, 2015 Respectfully submitted, Jacqueline Hamilton, MURP, MCIP, RPP Commissioner Growth and Community Development Services Wm. Edwards, P.Eng. Acting City Manager JH/r 25 s6 The City of saint John PROCLAMATION WHEREAS To maintain an active program to advocate on behalf of Veterans and their families; WHEREAS To recognize the military experience of veterans; WHEREAS To improve the quality of life and enhance the well -being of veteran and their families through a continuum of programs and service work; WHEREAS To advise and educate society as a whole of the concerns of veterans and their families; WHEREAS To ensure that the graves of the fallen Canadians buried on foreign soil are maintained and visited; WHEREAS To recognize international awards and citations to our military forces; WHEREAS To inform our members and interested citizens using a multimedia approach; WHEREAS To establish a network of chapters to regain the dignity of veterans and their families underprivileged in society by military service; WHEREAS To assist veterans in regaining their rightful place in society. NOW THEREFORE: I, Mayor Mel Norton, of Saint John, do hereby proclaim August 9, 2015 as National Peacekeepers' Day. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 26 MO. , July 24, 2015 2015 Emera Marathon by the Sea Organizing Committee PO Box 7001, Saint John, NB, E21- 4S4 Dear Sir /Madam, At a meeting of the Common Council, held on July 20, 2015 the following resolution was adopted, namely:- "RESOLVED that Common Council approve the request from Patrick Grannan on behalf of the 2015 Emera Marathon by the Sea Organizing Committee to present to Council on August 0, 2015 and that the Common Clerk be directed to schedule the meeting." Yours Truly, Jonathan Taylor Common Clerk Phone: (506)648 -3703 Email: jonathan.taylor @saintjohn.ca (Fy-I- SAINT JOHN P.C. Sox 1971 Saint John, NB Canada E21- 41-1 wvA%saintjohn.ca 1 C.P. 1971 Saint John, NA. Canada E21- 4L1 27 '^ Emera Emera Marathon by the Sea 47 New erunswxk August 7th _ 9th 2015 MH""'r i# 09 21 Yearn Running PO Box 7001, Saint John, NB, E21- 4S4 Tel (506) 642 -5555 Q IN www. ma rathonbAesea.co m Good day your Mayor Norton and Members of Council, Members of the 2015 Emera Marathon by the Sea Organizing Committee would like the opportunity to briefly speak before Saint John Common Council on Tuesday August 4a', 2015. We would like to take the opportunity to thank the City of Saint John for its ongoing support for one of Saint John's most exciting annual events, which will occur from August 7" to 9& this year. 'hank you, Patrick Grannan Chair 2015 265 28 47-69 Ross Street 1 and 68-74 St. ei James Street Section 39 Amendment Ike The City of Saint John Community Planning & Development Growth & Community Development Services m 2 v z a H�p1NG SZ LOWER COVE LP - 200:0 • -AL wig# r , rmtz UP M. TFI" T SXIT - ;2q 112 , 222 �t 2- INTAFF WAS".06" WIT'. -o,, 33 JPN pt. 000 �27 !70, 7c 295 pm ,70 da mvm 0 - PIP e� 46, 57 300 1 41 9,OSS S 80 I 78� t elwoo "I r A AT Photo 1: St. James Street Frontage Photo 2: Ross Street Frontage Photo 3: Side View Photo 4: Neighbourhood Context Federal .Transportation Med -High Density Residential Intensification Area Focus on higher density housing Efficient use of land, r infrastructure and public facilities RC CM RC RC� i C C R 1 ] QUEEN gT C L* RC RC to Ii S' 0 NARK q Z Z �� Y pr�GPNP�- cn1 RC RC RC RC A 4. LOWER COVE LP '4 Queen Square P QUEEN SQ S RC J CM ST Jwes ST Z RC O m N P RC 'BP) Business Park Commercial (CM) Mixed Commercial CFM) Major Community Facility (P) Park -FN) Neighbourhood Community Facility (RC) Urban Centre Residential CG) General Commercial (RH) High -Rise Residential CL) Local Commercial (T) Transportation 36 t RC i PNpRE`t`IS sm1 Cm RC -Am- 0 RC N .G O CL � v CBP RC RC RH BRIT AtN ST RC CM RC CFM * Section 39 Conditions • General Commercial (CG) zone • Transitioning away from Light Industrial uses 'Private Club permitted 37 use is staff Recommendation: �• Approve Proposed Section � 39 Amendment • Reinstate conditions relating to site development n T i � Wes/ Community Planning &Development Growth &Community Development Services PLANNING ADVISORY COMMITTEE July 22, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Section 39 Amendments 47 -69 Ross Street and 68 -74 St. James Street On June 29, 2015 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its July 21, 2015 meeting. The City of Saint John Rick Turner of Hughes Surveys and Consultants, Inc., representing the applicant, Victor Train, appeared before the Committee and spoke in favour of staff recommendation. Mr. Turner added that his client, Mr. Train, has received considerable support from the surrounding community as he has voluntarily committed to helping keep the community clean and safe for many years. The Committee asked Mr. Turner to explain the purpose that his client wishes to have a private club at the subject location. Mr. Turner explained that Mr. Train has been a collector of antique and specialty items for several years, which he has used to decorate his space. As a result, Mr. Train has created an attractive and unique space that he would like to share with his friends and colleagues, which includes the operation of a small bar involving the sale of alcohol on occasion. Mr. Turner added that the proposed private club would not be open every day, nor would it be open to the general public. The Committee asked Mr. Turner to expand on the type of group that would frequent the proposed private club. Mr. Turner responded that Mr. Train is a member of a fishing club, for example, and may wish to invite this group to his place for a special event. Mostly, however, the private club would be for the applicant's friends and colleagues. Page 1 of 3 40 Victor Train 47 -69 Ross Street and 68 -74 St. James Street July 22, 2015 Mr. Turner further explained that the proposed Section 39 amendments, if approved, would allow the applicant to build on the subject site in the future if the opportunity arose, whereas the lots are currently restricted to the use of a commercial parking lot. The Committee expressed a concern with the potential of the proposed private club generating significant noise that would disrupt the surrounding neighbourhood. Mr. Turner responded that it is not in Mr. Train's interest to have a noisy club at the subject site, and added that the surrounding community does not share this concern as there were 41 letters submitted in support of the application. The Committee noted that Mr. Train has worked hard to maintain a clean property, and has made considerable efforts to keep the surrounding neighbourhood clean and safe. There were 41 letters submitted in favour of the application, and one letter submitted expressing concern with the proposed amendments to the Section 39 conditions. After considering the report, the letters submitted, and the comments made by the applicant, the Committee recommended approval of the proposed amendment to the Section 39 conditions. RECOMMENDATION: That Common Council repeal the Section 39 conditions imposed on the November 14, 1988 and July 19, 2010 rezoning of the property located at 47 -69 Ross Street and 68 -74 St. James Street, also identified as PID Nos. 00001628, 00001610, 00001602, 00001792, 00001594, 00001586, 55060560 and 00001800, and replace them with the following: That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 3,000 square metres, located at 47 -69 Ross Street and 68 -74 St. James Street, also identified as PID Nos. 00001628, 00001610, 00001602, 00001792, 00001594, 00001586, 55060560 and 00001800, be subject to the following conditions: a. That the site shall not be developed or redeveloped except in accordance with a survey- accurate site plan, prepared by the developer and subject to the approval of the Development Officer, indicating the location and treatment of parking areas, driveways, concrete curbing, fencing, landscaping, lighting and any other site features. The approved site plan Page 2 of 3 41 Victor Train 47 -69 Ross Street and 68 -74 St. James Street July 22, 2015 must be attached to any application for building or change of use permit for the development. b. That, in conjunction with any development or redevelopment of the site, the developer provide a detailed stormwater and site drainage plan and report, subject to the approval of the Chief City Engineer or his designate, indicating how storm water collection and disposal will be handled. c. That a plan showing the location and width of access points to the site be prepared and subject to the approval of the Chief City Engineer or his designate; d. That the proposed landscaped planters be completed within one (1) year of the substantial completion of the proposed infrastructure upgrades to Ross Street as outlined in the City's program of capital projects. Respectfully submitted, Eric Falkjar Chair Attachments Page 3 of 3 42 f �C�vr The City of Saint John Date: To: July 17, 2015 Planning Advisory Committee From: Community Planning & Development Growth & Community Development Services For: Meeting of Tuesday, July 21, 2015 SUBJECT Applicant: Owner: Location: PID: Plan Designation: Existing Zoning: Proposed Zoning: Application Type: Jurisdiction: 514574 NB Ltd. 514574 NB Ltd. 47 -69 Ross Street and 68 -74 St. James Street 00001628, 00001610, 00001594, 00001586, 00001800, 00001602, 00001792 and 55060560 Medium to High Density Residential General Commercial (CG) General Commercial (CG) Section 39 Amendment Common Council has requested the views of the Planning Advisory Committee concerning proposed amendments to the Section 39 conditions of the subject property. Council will consider the Committee's recommendation at a public hearing on Tuesday, August 4, 2015. 43 Page 1 of 8 Victor Train 47 -69 Ross Street and 68 -74 St. James Street July 17, 2015 SUMMARY The applicant is seeking to amend or repeal existing Section 39 conditions for the properties located at 47 -69 Ross Street and 68 -74 St. James Street in order to operate a 'private club' in the existing building at 70 St. James Street. A private club is permitted use in the General Commercial (CG) zone; however, the existing Section 39 conditions limit the use of the property to a range of uses that do not include a private club. In addition, the adjacent properties were rezoned in 2010 to allow a commercial parking area to exist on six separate properties. Section 39 conditions were placed on the rezoning of these properties at the time, including a condition that limited the use of the property to a commercial parking lot. Although the applicant has no current plans to develop the site, he now wishes to have this condition removed to allow him the ability to do so in the future, should the opportunity arise. The City's Municipal Plan and Zoning By -law envision the subject area, which cradles the South End residential community and the Lower Cove Loop, to evolve into more commercially- oriented land uses. The surrounding community is predominantly characterised by medium to high density residential land uses, which are typically not compatible with light industrial uses. The General Commercial (CG) zone provides the context for this area to transition into more appropriate uses that can coexist adjacent to a residential community. For this reason, staff support the proposed Section 39 Amendments, subject to the conditions laid out below. RECOMMENDATION That Common Council repeal the Section 39 conditions imposed on the November 14, 1988 and July 19, 2010 rezoning of the property located at 47 -69 Ross Street and 68 -74 St. James Street, also identified as PID Nos. 00001628, 00001610, 00001602, 00001792, 00001594, 00001586, 55060560 and 00001800, and replace them with the following: That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 3,000 square metres, located at 47- 69 Ross Street and 68 -74 St. James Street, also identified as PID Nos. 00001628, 00001610, 00001602, 00001792, 00001594, 00001586, 55060560 and 00001800, be subject to the following conditions: a. That the site shall not be developed or redeveloped except in accordance with a survey- accurate site plan, prepared by the developer and subject to the approval of the Development Officer, indicating the location and treatment of parking areas, driveways, concrete curbing, fencing, landscaping, lighting and any other 44 Page 2 of 8 Victor Train 47 -69 Ross Street and 68 -74 St. James Street July 17, 2015 site features. The approved site plan must be attached to any application for building or change of use permit for the development. b. That, in conjunction with any development or redevelopment of the site, the developer provide a detailed stormwater and site drainage plan and report, subject to the approval of the Chief City Engineer or his designate, indicating how storm water collection and disposal will be handled. c. That a plan showing the location and width of access points to the site be prepared and subject to the approval of the Chief City Engineer or his designate; d. That the proposed landscaped planters be completed within one (1) year of the substantial completion of the proposed infrastructure upgrades to Ross Street as outlined in the City's program of capital projects. DECISION HISTORY At its November 14, 1988 meeting, Common Council approved a Municipal Plan Amendment and Rezoning application to redesignate the properties at 70 St. James Street and 55 -57 Ross Street from Medium Density Residential to Light Industrial on the City's Future Land Use Map, and rezone the same properties from "RM -1" Three Storey Multiple Residential to 1 -1" Light Industrial. The applicant was seeking to establish light industrial zoning on the subject properties in order to pursue a range of non - residential tenants. The rezoning of the subject lots was subject to the following Section 39 conditions: a) The use of the property be limited to a combination of uses which may include: a business office, retail store, athletic club, photography studio, printing services, automatic laundry or laundry agency, interior decorating studio, catering establishment, trade or business school, electronic or electronic equipment assembly, film processing or testing laboratory, sign manufacturing, tent and awning manufacturer, jewellery manufacturing, parking areas, wholesale business, warehouse, building equipment and material storage, or workshop complementary to a retail store; b) Outside storage of any kind be prohibited; and c) A plan be required for approval by the Development Officer illustrating the parking lot, loading area and landscaped areas. At its August 11, 2009 meeting, the Planning Advisory Committee considered a Municipal Plan Amendment and Rezoning application to redesignate the subject area from Medium Density Residential to Approved Commercial Development to legalise an existing commercial parking lot at 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street. The application included variances to reduce the minimum required aisle widths from 7.5 metres to approximately 6.7 metres; and reduce the minimum required landscaped side yards adjacent to an "R" residential zone from 3 metres to 2 metres on the condition that the proposed parking areas satisfy all other requirements of the Zoning By -law with regard to landscaping, setbacks, and parking space 45 Page 3 of 8 Victor Train 47 -69 Ross Street and 68 -74 St. James Street July 17, 2015 dimensions. The proposed variances were approved by the Committee; however, third reading for the amendments was postponed as the applicant did not provide security for the necessary landscaping and site work. As third reading was not given within six months from the first advertisement for the Public Hearing, the application was canceled. The applicant returned in 2010 with the same Municipal Plan Amendment and Rezoning application for the subject properties, which was again considered by Common Council to recognise an existing commercial parking area. Council approved the requested Plan amendment and rezoning application, subject to the following Section 39 conditions: a) That the use of the site be limited to a parking area, b) That a site plan of the proposed parking area be submitted to the Development Officer for final approval, indicating the location of parking, driveways, concrete curbing, fencing, landscaping, lighting, as well as any other site features. c) That the developer must provide a detailed stormwater and site drainage plan and report, and obtain written approval thereof from the Chief City Engineer or his designate, prior to undertaking any development of the Lands, d) That the Developer must produce a plan showing the location and width of access points to the site be prepared and obtain the written approval thereof from the Chief City Engineer or his designate prior to undertaking any development of the Lands e) That all site improvements be completed by July 31, 2011 f) That the proposed landscape planters must be completed within one year of the substantial completion of the proposed infrastructure upgrades to Ross Street as outlined in the City's program of capital projects, ZoneSJ resulted in rezoning of the site to General Commercial (CG). However, the existing Section 39 conditions are still in place. ANALYSIS Proposal The applicant is seeking to rescind the Section 39 conditions that were placed on the November, 1988 rezoning of 53 -57 Britain Street (later renamed "Ross Street ") and 70 St. James Street, which limited the use to a specific list of land uses that were found in the 1 -1" Light Industrial zone of the City's previous Zoning By -law. The applicant would like to remove the existing Section 39 conditions to allow any of the identified permitted uses in the General Commercial (CG) zone to be considered at the subject site. Specifically, the applicant is seeking to establish a "private club" in the building, which is identified as a permitted use in the existing General Commercial (CG) zone. The Zoning By -law limits the use of a "private club" to be exclusively for the associated members of the club and their guests, and not an establishment open for regular business to the general public. The proposed `private club' would be located on the ground floor and second floor of the subject building at 70 St. James Street (see attached 46 Page 4 of 8 Victor Train 47 -69 Ross Street and 68 -74 St. James Street July 17, 2015 floor plans). In addition, the applicant wishes to amend the existing Section 39 conditions that were placed on the July, 2010 rezoning of the adjoining commercial parking area to include all the identified permitted uses in the General Commercial (CG) zone. At the time of the rezoning, the properties were limited to a commercial parking lot, which would not permit the applicant to develop the site in any other manner, should the opportunity arise to do so in the future. In order to preserve community expectations for the proper redevelopment of the site, the applicant has indicated that he is willing to retain the following Section 39 conditions: a) That the site shall not be developed except in accordance with a survey- accurate site plan, prepared by the developer and subject to the approval of the Development Officer, indicating the location and treatment of parking areas, driveways, concrete curbing, fencing, landscaping, lighting and any other site features. The approved site plan must be attached to any application for building or change of use permit for the development. b) That the developer provide a detailed stormwater and site drainage plan and report, subject to the approval of the Chief City Engineer or his designate, indicating how storm water collection and disposal will be handled. c) That a plan showing the location and width of access points to the site be prepared and subject to the approval of the Chief City Engineer or his designate; d) That the proposed landscaped planters be completed within one (1) year of the substantial completion of the proposed infrastructure upgrades to Ross Street as outlined in the City's program of capital projects. It should be noted that the applicant has no current plans to develop the properties on the site that presently contain the approved parking area. However, the applicant has indicated that limiting the use of those properties to a parking area would prohibit any future development of the land. Site and Neighbourhood The subject site is located in the City's South End neighbourhood between Charlotte Street and Germain Street, approximately 25 metres north of the Lower Cove Loop. The site includes eight separate contiguous properties that together have a total area of approximately 3,000 square metres. The St. James Street side of the subject site has approximately 24.5 metres of frontage, while the Ross Street frontage is approximately 73 metres. The surrounding neighbourhood is predominantly characterised by multi -unit residential dwellings constructed throughout latter part of the 19th Century and the early part of the 20th Century. According the Province of New Brunswick's assessment data, the building on the subject site located at 70 St. James Street was constructed in 1920. The building currently contains a pawn shop, a dental college, office spaces and the proposed private club. The adjacent parking area is asphalted and contains two 47 Page 5 of 8 Victor Train 47 -69 Ross Street and 68 -74 St. James Street July 17, 2015 raised beds with landscaping. Additional landscaping is required (raised planters) when the City rebuilds Ross Street in the future. Municipal Plan and Rezoning The subject site is located in the Medium to High Density Residential land use designation on Schedule B of the City's Municipal Plan. This land use designation focuses on strengthening existing and encouraging new forms of high density residential development. This land use designation is predominantly located in the historic core of the City where a wide variety of amenities are within reasonable walking distance. A walkable community contributes to enhancing the quality of life experience for residents and visitors to the area, while helping construct a more complete community. A complement of non - residential land uses help create a more desirable community by offering a range of daily amenities. The applicant has indicated that he wishes to establish a "private club" in half of the existing building, fronting St. James Street. The proposed private club, if approved, would be located on two floors with a total area of approximately 255 square metres. The Zoning By -law identifies a "private club" as an establishment meant for the exclusive use of its members, and not open to the general public. It would be eligible for a club liquor licence under the provincial Liquor Control Act. The subject site is currently located in the General Commercial (CG) zone, which identifies a private club as a permitted use. However, the existing Section 39 conditions on the site preclude the establishment of a private club, among other uses identified in the General Commercial (CG) zone. The permitted uses outlined in the Section 39 conditions were selected from the wide range of uses identified in the previous 1 -1" Light Industrial zone, a few of which are less compatible with the current vision for this area of the City, such as warehousing, storage and manufacturing. The property has transitioned from the previous light industrial uses, and is now located in the General Commercial (CG) zone, which envisions a different range of land uses that are more appropriate for this area of the South End. The applicant has indicated that he is in support of carrying forward any existing Section 39 conditions that relate to the treatment of the site as a means of ensuring that the property will continue to meet community standards and expectations. Should the applicant redevelop the site at any point in the future, these conditions would remain applicable. Staff support the proposed Section 39 amendment as it helps align the permitted land uses of the property to the vision granted by the new Zoning By -law. In addition, staff recommend that Council adopt the Section 39 conditions for the entire site proposed by the applicant to ensure that any development of the property will meet the community expectations established through previous rezoning applications. 48 Page 6 of 8 Victor Train 47 -69 Ross Street and 68 -74 St. James Street July 17, 2015 Conclusion The applicant is seeking to amend existing Section 39 conditions on the subject property to align the property with the current vision for the site. The conditions were applied through two separate rezoning applications that occurred in 1988 and 2010, and limited the properties to certain uses that were identified in the 1 -1" Light Industrial zone. The current General Commercial (CG) zoning of the site provides a range of uses that better complement the surrounding Medium to High Density Residential land use designation. ALTERNATIVES AND OTHER CONSIDERATIONS No other alternatives were assessed or recommended by Growth and Community Development. ENGAGEMENT Proponent The applicant has indicated that he has discussed his proposal with the surrounding community and has received letters of written support. Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on July 8, 2015. The public hearing for the rezoning was advertised in the Telegraph - Journal on July 9, 2015. SIGNATURES AND CONTACT Prepared by: Jody Kliffer, MCIP, RPP Planner Contact: Jody Kliffer Phone: 506.632.6846 E -mail: jody.kliffer @saintjohn.ca Project: 15 -110 Approved by: Stacey Forfar, MBA, MCIP, RPP Deputy Commissioner 49 Page 7 of 8 Victor Train 47 -69 Ross Street and 68 -74 St. James Street July 17, 2015 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Submission 1: Site Plan Submission 2: Floor Plan 50 Page 8 of 8 Y� C� Z a Q z cwV-011� 51 G� AN\y S� a J LLJ O V Of W O J C0 D Q O Ix m L C Lr) O � CO .� O ❑3 � c O Qj U� a 0 co U r� e� L CO N d E CO n to L i+ cn N O rn CO n d° t� L � O 51 GROW ST _ e O ° r pill ST N:: t _ CO m o U c6 � wENSWGRTN Si H N v m u! O m N N _ N N y ty z h U1 fd! N Lo SYDN�� ST v .tz Cs 7 :t N d CL N W i . ...... .. . . . . .. .... . . . . . . _ � U+) V w, - W . . . . . ; ................ Y6 N O p L GERMp a ... 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OP UP 711 1i 4 J F Alw P-C. C) 1410r�)" I J . - CAM A T 56 57 nFFI GF tl '�STAF�F W AS 4R-o+0 Chris Jessulat 98 -100 St. James Street, Unit 2 Saint John, NB E2L1V7 July 16, 2015 Planning Advisory Committee c/o City of Saint John Community Plannin4 and Development PO Boy 1971 Saint John, NB E21_4L1 JUL 17 2015 Re: Proposed Section 35Atment meet G7 -6A Ross Ste =nett a; %d 6S -701 St. James Street To whom it may concern: This letter is given in response to an application from Mr. Victor Train as it pertains to a proposed development on St. James Street in the Central /Southern peninsula of Saint John. Written notice of this proposed development came to me the week of July 13`", 2015, and as such I have had only a short time frame to consider the possible implications and determine my response. I am a citizen, homeowner and real estate investor in the Uptown and Southern Saint John regions, and my spouse and I were buyers and developers in the region with the long term belief in the revitalization of the Uptown and Central core to the city. Both buildings we currently own were purchased after being vacant and heavily renovated to deliver modern and "above average" dwellings; we've viken a great deal of pride and enjoyment in both our previous and ongoing contributions to the region, and thus have a constant eye to the future. Indeed, our intention is to start our family in the area in the immediate future, and this decision was in no small part influenced by the great progress Saint John has made in rejuvenating the Central peninsula — between the ever improving prospects for a safe and family - friendly neighbourhood; the quiet beauty and tranquility of its Heritage streets and buildings; the fostering of a mixed and vibrant Uptown, brimming with culture, shops and restaurants; investment in the waterfront and infrastructure to deliver tourist - and citizen- friendly areas and activities; the development of the cruise ship industry and the thousands of visitors to our great city; the realization and success of the Queen Square Market and the significant upgrades to Rainbow Park together in aggregate name but a scant few of the many reasons we are proud to call Uptown /Southern Saint John our home, and why we have personally been honoured and privileged to invest our time and finances into its future. 11+'ir. Train has indicated a desire to modify conditions on an existing building in a manner that will allow for a "private /membors only" club. At present, the site is essentially an office and meeting space, being very well maintained and is frequented by a number of people whom I assume to be the personal friends, family and other invited guests of Mr. Train, who have always presented themselves to me as being respectful and well- mannered_ As he has described it to me, the project will allow for a non - profit establishment and will operate in much the same manner as it has, being a place for a small and select group of friends to meet and quietly socialize, with no stated intent to deviate from this purpose or platform in the future aside from the added ability to enjoy a license beverage. I have known Mr. Train only for a short while, but would describe him as being forthright, sincere and matter -of -fact in his interactions with me. I believe we all want to attract healthy and progressive growth for the region, particularly long term growth that is well aligned and consistent with ensuring the quiet, vibrant and family - friendly orientation of the neighbourhood is preserved. Insofar as the plans have been explained to me — and if executed in the manner represented — I would be supportive of this amendment. I would welcome any additional conversation or comment as requested, and can be reached at your convenience at (506) 343 1868. I thank the Committee and Council for their consideration and attention. With regards, Chris Jessulat, CFA CIM PFP FMA 59 July 14, 2015 Office of the Common Clerk a JUL 15 2015 City of Saint John P.O. Box 1971 n� Saint John, N.B. Attention: Jonathan Taylor Common Clerk RE: 47 -69 Ross Street & 68 -74 St. James Street Dear Sir: I am writing in support of an application to amend The City of Saint John Zoning By -law with respect to the above -noted property, said request to be considered by Common Council at its regular meeting on August 4, 2015. I know the applicant in this matter and I am familiar with some of the past developments he has undertaken at this location and in the immediate area. Mr. Train, in my opinion, has always undertaken his development efforts with a view to the betterment of this area of the City. The results have always been first class. He maintains his buildings /properties to the highest standards resulting in vast improvements in the area over the last several years. I expect that the additional commercial uses, including a private club, will continue to contribute to the ongoing improvements he has already accomplished and result in increased values in this immediate area of the City. My wife and I own various properties in the City, one in very close proximity to this location. As well, we maintain our residence in the south central peninsula and we have no concerns with the uses proposed pursuant to this application. Bill Ryan 147 Germain Street .a July 14, 2015 Mayor & Council Planning advisory committee Re: Removal of Section 39 conditions I have lived at 78 Ross St. for the past 13 years. Mr. Train has provided me with information he provided the Planning Advisory Committee considering removal Section 39 Conditions of his St. James & Ross St. property. I wish to express my support for the removal of Section 39 conditions which were placed on Mr. Train's property. Mr. Train and his organization have been very good neighbours and his buildings are well maintained. Ann Totten 78 Ross St. Saint John, NB 634 -8641 61 July 14, 2015 Mayor & Council Planning advisory committee Re: Removal of Section 39 conditions I have lived at 82 Ross St. Apt 1 for the past 9 years. Mr. Train has provided me with information he provided the Planning Advisory Committee considering removal Section 39 Conditions of his St. James & Ross St. property. I wish to express my support for the removal of Section 39 conditions which were placed on Mr. Train's property. Mr. Train and his organization have been very good neighbours and his buildings are well maintained. Kim Nesbitt. 82 Ross St. Apt 1 Saint John, NB 214 -1968 62 July 14, 2015 Mayor & Council Planning advisory committee Re. Removal of Section 39 conditions i own the following properties, 295 -305 Charlotte St. and 82 1/2 St. James St. Mr. Train has briefed me on the information he provided the Planning Advisory Committee considering removal Section 39 Conditions on his St. James & Ross St_ property. I have no objections to Mr. Train's request. Mr. Train and company have been very good neighbours and have set a very high standard for maintaining properties in the area. Jim Kennedy Halifax, NS kencorprentals @gmaii.com 63 July 14, 2015 Planning advisory committee Re: Removal of Section 39 Conditions placed on St. James and Ross St. property I own the property at bi St. James Street for the past 7 years and witnessed many positive changes to our community as a direct result of Mr. Train's efforts, I wish to express my support for the removal of Section 39 conditions which were placed on Mr. Train's property. Mr. Train has brought real value to our neighbourhood and continues to work hard at developing opportunities which work within our community. I therefore give Mr. Train 100% of my support in any of his future endeavours. I believe Mr. Train should be given the changes he has requested to the section 39 conditions on his property. f e Daniel Houghton 61 St. James St. Saint John, New Brunswick 721 -5847 - 04 JUL 15 2015 July 14, 2015 Mayor & Council Planning advisory committee Re: Removal of Section 39 conditions I have owned 41 Ross St. for the past 6 years. Mr. Train has briefed me on the information he provided the Planning Advisory Committee considering removal Section 39 Conditions on his St. James & Ross St. property. I have no objections to Mr. Train's request. Over the past few years I have noticed a lot of positive changes and additions to our little community here in the lower South End. Mr. Train has been a ve / g o and maintains his properties exceedingly well. Alex Pesold 41 Ross St Saint John, NB 640 -3666 65 July 14, 2015 Mayor & Council Planning advisory committee Re: Removal of Section 39 conditions I live at 82 Ross St., Apt 3. Mr. Train has provided me with information he provided the Planning Advisory Committee considering removal Section 39 Conditions of his St. James & Ross St. property. 1 wish to express my support for the removal of Section 39 conditions which were placed on Mr. Train's property. Mr. Train and his organization have been very good neighbours and his buildings are well maintained. Natasha Jones 82 Ross St_ Apt 3 ' i j t Saint John, NB ! M.- S l� July 14, 2015 Mayor & Council Planning Advisory Committee Re: Removal of Section 39 Conditions placed on St. James and Ross St. property I have owned 102 -104 St. James St. since 1971. 1 have seen many positive changes over the last few years and I wish to express my support for the removal of Section 39 conditions which were placed on Mr. Train's property. Mr. Train has been a very good neighbour within our community. I have appreciated all the positive changes he has done thus far. His properties are always well maintained. fiaeZph Leblanc 102 -104 St. James St. Saint John, New Brunswick 657 -6019 67 JUL 15 2015 A -i July 14, 2015 Mayor & Council Planning advisory committee Re: Removal of Section 39 conditions I have been renting at this location for the past 10 years and positively in favour of this proposal. Doug & Judy Bartlett 305 Germain St. Saint John, New Brunswick 631 -3731 .: 7 JUL 15 2015 S July 14, 2015 Mayor & Council Planning Advisory Committee Re. Removal of Section 39 Conditions placed on St. James and Ross St. property I have lived at 299 Charlotte St. for 14 years. I wish to express my support for the removal of Section 39 conditions which were placed on Mr. Train's property. Mr. Train has brought real value to our neighbourhood. I have appreciated all the positive changes he has done thus far. His properties are always well maintained. Vivian Bedford 299 Charlotte St.. Saint John, New Brunswick 634 -8100 .• JUL 15 2015 S July 14, 2015 Mayor & Council Planning Advisory Committee Re: Removal of Section 39 Conditions placed on St. James and Ross St. property I have lived at 305 Charlotte St. Apt 1 for 7 years and wish to express my support for the removal of Section 39 conditions which were placed on Mr. Train's property. Mr. Train has brought real value to our neighbourhood. I have appreciated all the positive changes he has done thus far. His properties are always well maintained. Darren McLaughlin 305 Charlotte St. Apt 1 Saint John, New Brunswick 721 -4361 70 �� P9 - ,JUL 15 2015 July 14, 2015 Mayor & Council Planning Advisory Committee Re. Removal of Section 39 Conditions placed on St. James and Ross St. property fal /t,3' 1 have owned fry St. James St. since 1991and lived at aiW-St. James St. for 18 years_ I have seen many positive changes over the last few years and I wish to express my support for the removal of Section 39 conditions which were placed on Mr. Train's property. Mr. Train has brought real value to our neighbourhood. I have appreciated all the positive changes he has done thus far. His properties are always well maintained. Louis White 115 St. James St. Saint John, New Brunswick 608 -4735 j juL 5 2015 a F 71 July 14, 2015 Mayor & Council Planning advisory committee Re: Removal of Section 39 conditions We have lived at and owned this property for 10 years. We fully support Victor's application in this matter. We have seen a lot of positive changes due to Victor Train's investment in our community. 1C 0 Derek ther & Michelle Young- Mather 59 St. James St. Saint John, New Brunswick 72 July 14, 2015 Mayor & Council Planning advisory committee Re: Removal of Section 39 conditions I have owned the building since 2000. Victor has done an excellent job cleaning up the block therefore I must support him with this application. Stephen Clark 55 St. James St. Saint John, New Brunswick 542 -3223 73 im 15 2415 July 14, 2015 Mayor & Council Planning advisory committee Re: Removal of Section 39 conditions I have been renting on the corner of Germain & St. James St. for the past 131/2 years. I am very much in favour of Mr. Train's application. etchen Frenette 278 Germain St. Saint John, New Brunswick 674 -9804 634 -0988 74 JUL 15 2015 s July 14, 2015 Mayor & Council Planning advisory committee Re: Removal of Section 39 conditions I rent from Victor Train at 313 Charlotte St., Apt 1. and I am in support of his application. DIWin Bpucher 3 Charlotte St. Apt 1 Saint John, New Brunswick 75 July 14, 2015 Mayor & Council Planning Advisory Committee Re: Removal of Section 39 Conditions placed on St. James and Ross St. property I live at 303 Charlotte St. and wish to express my support for the removal of Section 39 conditions which were placed on Mr. Train's property. Mr. Train has brought real value to our neighbourhood. I have appreciated all the positive changes he has done thus far. His properties are always well maintained. Vanessa Stevens 303 Charlotte St. Saint John, New Brunswick 642 -8187 76 July 14, 2015 Planning advisory committee Re: Removal of Section 39 Conditions placed on St. James and Ross St. property i have lived at 305 Charlotte St. Apt 2 for 4 years. I wish to express my support for the removal of Section 39 conditions which were placed on Mr. Train's property. Mr. Train has brought real value to our neighbourhood. He always ensures his properties are well maintained. Natatie McLaughlin V vi" 305 Charlotte St. l�pt 2 .G & Saint John, New Brunswick 77 jUL 15 2015 July 14, 2015 Planning advisory committee Re: Removal of Section 39 Conditions placed on St. James and Ross St. property I have lived at 297 Charlotte St. for 15 years. I wish to express my support for the removal of Section 39 conditions which were placed on Mr. Train's property. Mr. Train has brought real value to our neighbourhood. I have appreciated all the positive changes he has done thus far. Paul Wilkins 297 Charlotte St. Apt 2 Saint John, New Brunswick 657 -1629 U9 July 14, 2015 Mayor & Council Planning Advisory Committee Re: Removal of Section 39 Conditions placed on St. James and Ross St. property I wish to express my support for the removal of Section 39 conditions which were placed on Mr. Train's property. Mr. Train has brought real value to our neighbourhood. I have appreciated all the positive changes he has done thus far. His properties are always well maintained. Leonard Barry 82 % St, James St. Saint John, New Brunswick 214 -1262 79 Eli JUL 15 zo,5 I Planning advisory committee Ref: Removal of Section 39 Conditions on Train Property My name is Carl Jones and I live at 71 Ross St. and I would like to express my support for the changes Victor is seeking pertaining to Section 39 Conditions on his property. 1 Carl Jones C C� 71 Ross St, Saint John, NB JUL 15 2015 July 14, 2015 Mayor & Council Planning advisory committee Re: Removal of Section 39 conditions I live at 313 Charlotte St., Apt 3 for the past 17 years and very much in favour of this application. Wanda Corvec 313 Charlotte St. Apt 3 Saint John, NB LIM JUL 15 2015 July 14, 2015 Mayor & Council Planning advisory committee Re: Removai of Section 39 conditions I live at 313 Charlotte St., Apt 2. Mr. Train has provided me with information on the removal of Section 39 Conditions of his St. James & Ross St. property. I rent from Victor and in favour of his request. Craig Stacey .— A 313 Charlotte St. Apt 2 Saint John, NB 977 -4977 EM July 14, 2015 Mayor & Council Planning advisory committee Re: Removal of Section 39 conditions I rent from Victor at 315 Charlotte St. and I am in support of Victor Train's application. Elizabeth Wilkins 315 Charlotte St. Saint John, NB juL 15 2015 July 14, 2015 Mayor & Council Planning advisory committee Re: Removal of Section 39 conditions I own the following properties: 275, 277, 279, 285, 287 Charlotte St. as well as 34 Harding St. i am very much in favour of Victor Train's proposal. 0 Philip Massey Saint John, New Brunswick 642 -4957 EM July 14, 2015 Mayor & Council Planning advisory committee Re: Removal of Section 39 conditions I own the four unit located at 79 St. lames St. for the past 41/2 years and I am fully in favour of Victor Train's application. Jeff Murray 79 St. James St. Saint John, NB 634 -7743 EIR JUL 15 2015 July 14, 2015 Mayor & Council Planning advisory committee Re: Removal of Section 39 conditions I have own the apartment bldg at 89 St. James St, and 206 -08 Charlotte St. since 1974. Mr. Train has briefed me on the information he provided the Planning Advisory Committee considering removal Section 39 Conditions on his St. James & Ross St. property. I have no objections to Mr. Train's request. Mr. Train and company have been very good neighbours and maintain his properties exceedingly well. Percy Praught 89 St. James St. 206 -208 Charlotte St. Saint John, New Brunswick :. i� & DES, �Q JUL 15 Z�115 4 )SSA INI O July 13, 2015 Mayor & Council Planning Advisory Committee Ref: Section 39 conditions on Mr. Trains Property I am writing to express my support for removing the section 39 conditions on Mr. Trains property located on Ross and Saint James St. Mr. Train and his family have been very good neighbors and go out of their way to ensure that all their properties are well maintained and in good order. I've spoken with Mr. Train and he always keeps us well informed of his intentions and vision for our small part of Saint John. Doris and I have been living on St_ James St. for 32 years and have noticed and enjoyed the many improvements to our Street since Mr. Train has chosen to invest in our community. We look forward to further development in our area by Mr. Train and family. Doris and I therefore fully support the changes Mr. Train is asking for. James & Doris Soucy 97 St. James St. 657 -5325 LIM JUL 15 2015 July 14, 2015 Mayor & Council Planning advisory committee Re: Removal of Section 39 conditions I live at 313 Charlotte St., Apt 4 for 32 years and I am in support of Victor Train's application. Bill Freake 313 Charlotte St. Apt 4 Saint John, NB .. July 14, 2015 Mayor & Council Planning advisory committee Re: Removal of Section 39 conditions I live at 80 Ross St., Apt 3 for 35 years and I am in support of Victor Train's application. Larry Leslie 80 Ross St. Apt 3 Saint John, NB 6572424 r° ff 114, :• E JUL 17 2015 July 14, 2015 Mayor & Council Planning advisory committee Re: Removal of Section 39 conditions I am the owner of the six unit located at 80 -82 Ross St. for the past 12 years and it is currently the only building situated on the south side of Ross St. I have received the information sent out by the Planning Advisory Committee reference removal Section 39 Conditions on Mr. Train's St. James & Ross St. property. I have no objections to Mr. Train's request. Mr. Train and company have been very good neighbours and maintain his properties exceedingly well. 1 Irfan Pasha 80 -82 Ross St Saint John, New Brunswick a July 15th/2015 To whom it may concern, Hi my name is Harry Gorman, I currently rent from victor at 71 St James Street. I'm writing to speak in favour of the proposed private club across the street from my building. Harry Gorman i 91 July 14, 2015 Mayor & Council Planning advisory committee Re: Removal of Section 39 conditions We reside at 94 St. James St. since 1994. We also own the property at 289 -291 Charlotte St. We are in full support of Victor Train's application. G� Dave and Cfferyle Salesse 94 St. James St. Saint John, New Brunswick 333 -7051 92 JUL 17 2035 July 14, 2015 Mayor & Council Planning advisory committee Re: Removal of Section 39 conditions I have known Victor Train for more than 30 years and anything Victor tackles he does it up right. His various properties speak for themselves demonstrating his pride of ownership. Nellie Clarke 313 Germain St. Apt 1 f Saint John, New Brunswick 642 -7780 JUL 17 2415 fI 93 July 15th/2015 To whom it may concern, My name is Jenna Somerville, I am writing in favour of victor trains application for the proposed section 31 amendments, as I know firsthand how he conducts business due to purchasing 2 vehicles over the years from his auto sales company on Loch Lomond road. Also I am a graduate from his Dental Assistants College of Saint John which has since provided me with a wonderful career. I presently rent from Victor at 75 St lames Street which is directly in front of the purposed private club. I have absolutely no concern as to what a professional business it will become. Truthfully Yours, 0 nna Somerville 0 a JUL 17 2015 July 15th /2015 To whom it may concern, My name is Rick Curtis, I'm writing in favour of victor trains purposed removal of section 39 conditions on Ross and St James Street properties. l rent at 71 St. James Street and know personally how he keeps 14 s pr perties and runs his business_ Rick Curtis JUL 17 2015 s 95 July 14, 2015 Mayor & Council Planning advisory committee Re: Removal of Section 39 conditions I lived at 116 -118 St. James St. and also own 84 Ross St. and 327 Charlotte St. for approximately 20 years. I am very supportive of any business in the area and Victor Train has a well established track record. His properties are always neat and tidy. I strongly support Victor's proposal. i Tom Craft 116 -118 St. James St. Saint John, NB 0 July 14, 2015 Mayor & Council Planning advisory committee Re: Removal of Section 39 conditions I have rented at 82 Ross St. for the past 20 years. Over the years I have seen many positive changes in our neighbourhood and fully support Mr. Train's application. Tennyson Hope 82 Ross St. Apt 2 Saint John, NB J 97 JUL 17 2015 A July 14, 2015 Mayor & Council Planning Advisory Committee Re: Removal of Section 39 Conditions placed on St. James and Ross St. property I wish to express my support for the removal of Section 39 conditions which were placed on Mr. Train's property. Mr. Train has brought real value to our neighbourhood. I have appreciated all the positive changes he has done thus far. His properties are always well maintained. Steel orylUoutour 208 Charlot St. Saint John, New Brunswick 608 -9445 .; Di a JUL 172m GROVE PRINTING GROVE PRINTING GROVE PRINTING GROVE PRINTING Fax From; GROVE PRIN'T'ING 70 St. Jaynes Street (S) P.O. Box 2023 Saint John, New Brunswick, E2L 3T5 Phone: (506) 696-5421 Canada Fax: (506) 632 -9356 July, 16115 To Whom It May Concern; Mark Davey, owner /operator of Grove Printing 70 St. James St., have been leasing from 514574 NB Ltd. For over 7 years! I have seen many good changes made by Victor Train in the neighbourhood to his properties and buildings, he really cares about the neighbourhood and is a very good landlord. I'm in full agreement with what Victor Train is proposing! GROVE PRINTING GROVE PRINTING &ROVE PRINTING GROVE PRINTING E 6 Queen Square South Saint John, NB E21, 1117 jet 205 .Y July 17, 2015 To Whom It May Concern: As residents and business owner in the Charlotte Street Queen Square area we are writing to express our concern over the Proposed Section 39 Amendments for 47 -69 Ross Street and 68 -74 St. James Street. First of all, the proposal is unclear to us. What is the purpose of the "Private Club" What kind of traffic will this proposed establishment create? How will the size and activity of the club be monitored and limited? Can we be assured that noise levels will not increase? We are concerned about the suitability of a "Private Club" that is supplying alcohol in what is mainly a residential area. Despite the zoning for the property itself, all around the club there are homes and apartments. This proposal does not enhance residential life in this area as it offers nothing to the local residents; the club is private and it will only impact on the neighbourhood that we can see are negative: increased noise, increased traffic and possible issues related to alcohol use. It appears to us that this club does not fit with a community development for an area that is largely residential. As professionals with a business in this area we have invested considerably in both our home and office and land in order to enhance our community. We are committed to encouraging developments that improve our community. For instance, we actively support and participate in the Queen Square Farmer's Market and appreciate how this development adds to the life of the community in a positive way, both bringing business and offering services to the whole community and beyond, creating a social centre and a greater sense of community. A private club does not appear to offer any enhancement to the life of the community. It seems to be designed for a select group of people and yet it could impact the community in terms of noise, traffic and perhaps safety. Of greatest concern is the closeness of this proposed establishment to Rainbow Park. This park is busy with vulnerable children and teens. It is a safe and fun place for the youth in the area to play and congregate. Many young people play basketball or skate into the late evening in the park. The presence of an establishment that is providing alcohol to its members in such close proximity may affect the sense of safety in the park. 100 We as residents of the city core embrace the council's vision of the renewal of the city core as put forward by the city in Plan Sj. We look forward to the positive development and renewal that is envisioned in this plan. We request that city council view this proposal very seriously to consider if this amendment fits the vision and mission of our city. Please consider if this planned amendment supports the greater good of the whole community in which this "Private Club" is proposed to be established and think carefully if this fits with a plan for the city that is seeking to enhance residential development, community life and safety for our youth in the city core. Thank you for this opportunity to express our concerns. Sincerely, Carolyn Westin John Paul Westin 101 BN1 Advertiser Name: Saint John Common Clerk Advertiser Cade: S71206 Size: 4.00 x 11.00 in. Sales Rep: Doug Thomson AMENDMENT RE: 47 -69 ROSS STREET AND 68 -74 ST JAMES STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law and to consider a proposal at its regular meeting to be held in the Council Chamber on Tuesday, August 4, 2015 at 6:30 p.m., by: Amending or repealing the Section 39 conditions imposed on the November 14, 1988 and July 19, 2010 rezoning of the property located at 47 -69 Ross Street and 68 -74 St. James Street, also identified as PID Nos. 00001628, 00001610, 00001602, 00001792, 00001594, 00001586, 55060560 and 00001800, to permit a revised proposal. REASON FOR CHANGE: To permit a variety of additional commercial uses on the property, including a private club. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Growth and Community Development Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendments may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 658 -2862 L'ARTICLE 39 OBJET: 47.49, RUE ROSS ET 68 -74, RUE ST. JAMES Par les prdsentes, un avis public est donn6 par lequel le conseil communal de The City of .saint John indique son intention d1tudier la modification su €vante 6 I'arr @t6 sur le zonage de The City of Saint John et d'examiner une proposition, lors de la r6union ordinaire qu€ se tiendra clans la salle du conseil le mardl 4 ao8t 2013 a 18 h 30: Modification ou I'abrogation des conditions impos6es en vertu de I'article 39, le 14 novembre 1988 et le 19 juillet 2010, relativement au rezonage de la propriet6 situ6e au 47 -69, rue Ross et 68 -74, rue St. James, et portant les NID 00001628, 00001610, 00001602, 00001792, 00001594, 00001586, 55060560 and 00001800, pour permettre €a pr6sentation d'une proposition r6vis6e. RAISON DE LA MODIFICATION: Permettre une var €6t6 d'utilisations commerciales additionnelles sur la propr6t6, y inclus un club priv6. Toute personne int6ress6e peut examiner la modification proposee au bureau du greffier communal ou au bureau du service de la cro €ssance et du d6veloppement communautalre 6 I'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 In 30 du lundi au vendredi, sauf les fours f6r4s. Veu €llez faire part de vos objections au projet de modification par 6crit a ('attention du soussign6 6 I'h6tel de ville. Si vous aver besoin des services en fran ;ais pour une r6union de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Greffier communal 658 -2862 Ad Number: 7821904R Ad ID: 7056530 Ad Legacy: 7821904 Current Date: Jul 06 Start Date: 7/9/2015 End Date: 7/9/2015 Color: B/W Client Approval 102 2015 04:48PM OK ❑ Corrections ❑ (aussi disponible en franfais) Type of Application ❑ Municipal Plan Amendment ❑ Subdivision ❑ Similar/ Compatible Use ❑ Zoning By -law Amendment ❑ Variance ❑ Temporary Use ® Amendment to Section 39 Conditions ❑ Conditional 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 514574 NB Ltd. Mailing Address of Applicant (with Postal Code) Home Telephone Number Fax Number 506 - 634 -0759 575 Crown Street, Saint John, NB E2L 5E9 Work Telephone Number 506- 634 -1717 (Rick Turner) E -mail rt @hughessurveys.com Name of Property Owner (if different from applicant) 514574 NB Ltd. Mailing Address (with Postal Code) c/o Hughes Surveys, 575 Crown Street, Saint John, NB E2L 5E9 Property Information Location Ross St. & St. James St. Civic # Street Existing Use of Property Dental School, Pawn Shop, artist studio & Private Club Existing Plan Designation of Property Existing Zoning of Property General Commercial Description of Application 00001628, 00001610, 00001594, 00001586, 00001800, 00001602, 00001792 & 55060560 PID Proposed Use of Property General Commercial Proposed Plan Designation of Property Proposed Zoning of Property General Commercial Describe what you propose to do (attach additional pages if necessary). See Attached NOTE: If the applicant is NOT the owner the Owner's signature or authorization (in writing) to submit this application is required. Signature of Applicant Signature of Owner ��,ccr�— c�^✓ Richard Turner for Hughe S eys & Consultants Inc. Victor Train for 514574 NB Ltd. Date Date For Office Use Only / Reviewed by /�z Date Development Officer Information Accompanying Application: Letter of Intent ❑ ❑ Site Plan �% _ ❑ 2 C7fd ' ❑ Tentative Subdivision Plan Building Elevations Other ❑ Floor Plans ❑ Sign Drawings P.O. Box 1971 Saint John, NB Canada E21. 4L1 www.saintjohn.ca C.P. 1971 Saint John. NA. Canada E2L 41_1 SAINT JOHN 103 The proposal is to rescind various Section 39 Conditions related to the allowed uses for the lands included in this application, namely PID 00001602 & 00001792 including that presently known as 55060560 The remaining parcels are also proposed to be approved for allowed uses in the General Commercial (GC) classification subject to the provisions of Section 39 of the Community Planning Act, the use and development of parcels of land with an area of approximately 1,880 square metres, located at 47 -51 Ross Street, 63 -69 Ross Street and 72 -74 St. James Street, also identified as PID Numbers 00001628, 00001610, 00001594, 00001586 and 00001800 would remain subject to the following conditions: The Lands shall not be developed except in accordance with a survey- accurate site plan, prepared by the Developer and subject to the approval of the Development Officer, indicating the location and treatment of parking areas, driveways, concrete curbing, fencing, landscaping, lighting and any other site features. The approved site plan must be attached to any application for building or change of use permit for the development; • That the Developer must produce a detailed storm water and site drainage plan and report, and obtain written approval thereof from the Chief City Engineer or his designate prior to undertaking any development of the Lands; • That the Developer must produce a plan showing the location and width of access points to the site be prepared and obtain the written approval thereof from the Chief City Engineer of his designate prior to undertaking any development of the Lands; • That all site improvements shown on the plans approved shall be completed within one (1) year of approvals with the exception of the proposed landscaped planters along the Ross Street frontage of the site; • That the proposed landscape planters must be completed within one (1) year of the substantial completion of the proposed infrastructure upgrades to Ross Street as outlined in the City's program of capital projects; and That the following variances remain with the property; a. Reduce the minimum required aisle widths for the proposed parking areas at 47 -51 Ross Street, 63 -69 Ross Street and 72 -74 St. James Street from 7.5 metres to approximately 6.7 metres; and b. Reduce the minimum required landscaped side yards adjacent to an "R" residential zone from 3 metres to 2 metres. P.O. Box 19715aintJohn, NB Canada E2L4L1 www.saintjohn.ca C.P. 19715aintJohn. N. -B. Canada E2L 4L1 r/ SAINT JOHN MMM oesaln[)ohn 104 , '2-22 �-� IL 17 105 7T FiCF �—)AFF L,j -N s vve-o o m I �0uc EtjTUZj% W 2-1711 I wsl i. fi -70 X%T 106 July 14, 2015 Office of the Common Clerk a JUL 15 2015 City of Saint John P.O. Box 1971 Saint John, N.B. Attention: Jonathan Taylor Common Clerk RE: 47 -69 Ross Street & 68 -74 St. James Street Dear Sir: I am writing in support of an application to amend The City of Saint John Zoning By -law with respect to the above -noted property, said request to be considered by Common Council at its regular meeting on August 4, 2015. I know the applicant in this matter and I am familiar with some of the past developments he has undertaken at this location and in the immediate area. Mr. Train, in my opinion, has always undertaken his development efforts with a view to the betterment of this area of the City. The results have always been first class. He maintains his buildings /properties to the highest standards resulting in vast improvements in the area over the last several years. I expect that the additional commercial uses, including a private club, will continue to contribute to the ongoing improvements he has already accomplished and result in increased values in this immediate area of the City. My wife and I own various properties in the City, one in very close proximity to this location. As well, we maintain our residence in the south central peninsula and we have no concerns with the uses proposed pursuant to this application. Bill Ryan 147 Germain Street 107 BY -LAW NUMBER M -23 A BY -LAW TO AMEND A BY -LAW RESPECTING THE STOPPING UP AND CLOSING OF HIGHWAYS IN THE CITY OF SAINT JOHN Be it enacted by the Common Council of The City of Saint John as follows: 1 A by -law of The City of Saint John entitled, "A By -law Respecting The Stopping Up and Closing of Highways in The City of Saint John ", enacted on the nineteenth day of December, A.D. 2005, is hereby amended by adding thereto Section 240 immediately after Section 239 thereof, as follows: 240 The City of Saint John does hereby stop up and close permanently the following highway: CLOVELLY DRIVE: All that portion of Clovelly Drive a public street in the City of Saint John in the County of Saint John and Province of New Brunswick, comprising 1,011 square metres as shown on a Plan of Survey titled, "Plan of Survey Showing portion of Clovelly Drive, City of Saint John, Saint John County, N.B.," prepared by Kierstead Quigley and Roberts Ltd. and dated June 16, 2015 attached hereto. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * * ** day of * * * * *, A.D. 2015 and signed by: Mayor/Maire ARRETE No M -23 ARRETE MODIFIANT L'ARRETE SUR L'INTERRUPTION DE LA CIRCULATION ET LA FERMETURE DES ROUTES DANS THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a d6cr6t6 cc qui suit : 1 Par les pr6sentes, Farret6 de The City of Saint John intitul6, « L'arr&6 sur Pinterruption de la circulation et la fermeture des routes dans The City of Saint John », d6crL6 le 19 d6cembre 2005, est modifi6 par l'ajout de Particle 240 imm6diatement apres Particle 239, comme suit : 240 Par les pr6sentes, The City of Saint John barre et ferme de faron permanente la route suivante : PROMENADE CLOVELLY : Toute la partie de la promenade Clovelly, une rue publique dans The City of Saint John, comt6 de Saint John, dans la province du Nouveau - Brunswick, d'une superficie d'cnviron 1 011 m2 comme le montre le plan d'arpentage intitul6 a Plan d'arpentage indiquant une partie de la promenade Clovelly, City of Saint John, comt6 de Saint John, Nouveau - Brunswick >>, pr6par6 par Kierstead Quigley and Roberts Ltd. et dat6 du 16 juin 2015. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr&sent arret6 * * * * * * *'" * ** 2015, avec les signatures suivantes Common Clerk/Greffier communal First Reading - July 20, 2015 Premiere lecture Second Reading - July 20, 2015 Deuxieme lecture Third Reading Troisieme lecture 1: le 20 juillet 2015 le 20 juillet 2015 j wv, July 23, 2015 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: True Growth Update Background: Based on feedback from Council it appears there is strong willingness to arrange for True Growth Update in the near future from Enterprise Saint John. Motion: That Common Council direct the City Manager through the office of the Common Clerk to schedule time on an upcoming agenda in open session for Enterprise Saint John to provide an update on our economic progress and economic priorities. Respectfully Submitted, (Received via email) Mel Norton Mayor City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 41-1 109 )I J REPORT TO COMMON COUNCIL M & C #2015 -155 August 4th, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: City of Saint John Sunshine List / City of Saint John Collective Agreements BACKGROUND The City of Saint John On November 24th, 2014 Common Council adopted the following recommendations concerning salaries and wages: 1) Whereas listing exact salary by name is not allowable under current RTIPPA Legislation then the direction adopted would be a duplicate model that is currently disclosed by the Province of New Brunswick by which employee names and a corresponding salary range are reported including regular earnings, overtime, personal service contracts, and any other employee remuneration in lieu of exact salary amounts and 2) that the Common Clerk send a copy of this resolution to all of the ABCs urging them to adopt a likeminded policy. At the same meeting, Common Council adopted the following two recommendations concerning Collective Agreements: 1) that the City Manager investigate possible solutions to how Collective Agreements settled with the City of Saint John can be made more accessible to the public and 2) that the City Manager investigate possible solutions to how Collective Agreements settled with any ABCs that receive funding from the City can be made more accessible to the public. ANALYSIS The existing City website design was implemented prior to the movement toward Open Government, a term that is now generally understood to include Open Information, Open Data and Open Dialogue. We submit that a future iteration of the website following new trends in web design to facilitate Open Government will more prominently feature proactive disclosures of City Information, such as salaries, wages and Collective Agreements. Meanwhile, the 2014 Salaries and Wages List has been placed in the Human Resources site on the City Website and an entry created in the website's "A to Z Directory" for "Salaries and Wages ". The directory entry serves as a direct shortcut and facilitates immediate access for the searching public. The 2014 Sunshine List is included in Attachment "A" to the report. The format of the Salaries and Wages list is included in Attachment "B" to the report. 110 Page 2 The Industrial Relations Branch of the Department of Post - Secondary Education, Training and Labour maintains an electronic library of more than 500 collective agreements. This library is known as the Collective Agreement Retrieval System (CARS). Collective agreements in CARS are those falling under Provincial jurisdiction and include those settled with the City of Saint John. At the present time the following collective agreements are available via CARS: CUPE Local 18, CUPE Local 486 and IAFF Local 771. In addition, the collective agreement negotiated between the Saint John Board of Police Commissioners and the Saint John Police Association is also available. A link to CARS has been placed in the Human Resources site on the city website. This single link has the advantage (over separate direct links to each of the Collective Agreements) that the page will be less likely to require updating. Also, a new entry was created in the City website's "A to Z Directory' for "Collective Agreements ". The directory entry serves as a direct shortcut and facilitates immediate access for the searching public. Using the CARS link enables the City to provide access without incurring the cost of translation. The link to salaries, wages and collective agreements can be accessed via the following link: http: / /www.saintiohn.ca /en/ home/ cityhall/ strategicservices/ humanresourcemanagement /salariesandw ages.aspx Further to Council's direction, the Common Clerk sent Resolution letters to all City Agencies, Boards and Commissions advising of Council's request for proactive disclosures of salaries, wages and collective agreements. INPUT FROM OTHER SOURCES Approvals from Communications, Human Resources and assistance from Information Technology Systems enabled the website work to be completed. RECOMMENDATION It is recommended that Common Council receive and file this report. Respectfully submitted, David Burke Privacy and Access Officer Z, Jon Taylor, CMC Common Clerk Patricia Anglin Deputy Common Clerk ms � -_ Wm. Edwards, P. g Acting City Manager 111 Salaries over $60,000 (2014) Name Program Area Salary Information Retirement Allowance Armstrong, Joseph M. PUBLIC SAFETY SERVICES $100,000 and $125,000 Fudge, Kevin D. SAINT JOHN WATER $100,000 and $125,000 Graham, Catherine M. ADMINISTRATIVE SERVICES $100,000 and $125,000 Hugenholtz, Michael A. TRANSPORTATION AND ENVIRONMENT SERVICES $100,000 and $125,000 Keenan, Brian C. SAINT JOHN WATER $100,000 and $125,000 Mason, Kendall E. SAINT JOHN WATER $100,000 and $125,000 Rice, R. Kevin TRANSPORTATION AND ENVIRONMENT SERVICES $100,000 and $125,000 Richard, Shelley M. STRATEGIC SERVICES $100,000 and $125,000 Walsh, Stephanie D. STRATEGIC SERVICES $100,000 and $125,000 Clifford, Kevin M. PUBLIC SAFETY SERVICES $125,000 and $150,000 Edwards, William E. TRANSPORTATION AND ENVIRONMENT SERVICES $125,000 and $150,000 Hamilton, Jacqueline M. GROWTH AND DEVELOPMENT SERVICES $125,000 and $150,000 Jacobsen, Neil E. STRATEGIC SERVICES $125,000 and $150,000 Nugent, John L. LEGISLATIVE SERVICES $125,000 and $150,000 Poffenroth, Amy L. GROWTH AND DEVELOPMENT SERVICES $125,000 and $150,000 Yeomans, Gregory j ADMINISTRATIVE SERVICES $125,000 and $150,000 Woods, J. Patrick LEGISLATIVE SERVICES $175,000 and $200,000 Adair, Sam A. SAINT JOHN WATER $60,000 to $75,000 Armstrong, John TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 Armstrong, Richard K. GROWTH AND DEVELOPMENT SERVICES $60,000 to $75,000 Armstrong, Scott TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 Armstrong, Tyler P. SAINT JOHN WATER $60,000 to $75,000 Arsenault, Gary W. SAINT JOHN WATER $60,000 to $75,000 Bacon, Chris TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 Barry, J. Joseph ADMINISTRATIVE SERVICES $60,000 to $75,000 Barton, Jason S. ADMINISTRATIVE SERVICES $60,000 to $75,000 Basque, Paul Y. ADMINISTRATIVE SERVICES $60,000 to $75,000 Beltrandi chown, Jeanne PUBLIC SAFETY SERVICES $60,000 to $75,000 Benson, Randy A. SAINT JOHN WATER $60,000 to $75,000 Berube, Darryl E. SAINT JOHN WATER $60,000 to $75,000 Bishop, Stephen R. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 Blizzard, Cynthia A. ADMINISTRATIVE SERVICES $60,000 to $75,000 Bogle, George E. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 Bridgeo forbes, Helen A. GROWTH AND DEVELOPMENT SERVICES $60,000 to $75,000 Brown, Ryan C. PUBLIC SAFETY SERVICES $60,000 to $75,000 Busson, Emsley I. SAINT JOHN WATER $60,000 to $75,000 Campbell, Paul D. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 Carpenter, Clyde A. SAINT JOHN WATER $60,000 to $75,000 Carr, Michael SAINT JOHN WATER $60,000 to $75,000 Chan, Vincent GROWTH AND DEVELOPMENT SERVICES $60,000 to $75,000 Clynick, Kevin B. PUBLIC SAFETY SERVICES $60,000 to $75,000 45,805.5 Cook, Michael R. SAINT JOHN WATER $60,000 to $75,000 Cormier, Bernard J. GROWTH AND DEVELOPMENT SERVICES $60,000 to $75,000 Craft, Gordon R. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 Crawford, David G. GROWTH AND DEVELOPMENT SERVICES $60,000 to $75,000 45,805.5 Crowley, Christopher A. SAINT JOHN WATER $60,000 to $75,000 Cusack, Thomas L. ADMINISTRATIVE SERVICES $60,000 to $75,000 Cutler, Greg P. GROWTH AND DEVELOPMENT SERVICES $60,000 to $75,000 Daigle, Jason E. SAINT JOHN WATER $60,000 to $75,000 9,345.5 Denton, Lorraine F. GROWTH AND DEVELOPMENT SERVICES $60,000 to $75,000 Duffy, Michael J. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 112 Long Service Pay Car Allowances 684.44 3,000 684.44 684.44 684.44 684.44 684.44 684.44 4,800 2,145.41 2,009.62 1,742.54 1,928.59 1,521.01 2,188.43 2,052.62 1,901.48 1,959.39 1,724.95 1,968.08 1,882.94 1,890.99 1,794.41 2,010.56 2,084.47 1,891.31 1,560.68 Duke, Tamara G. GROWTH AND DEVELOPMENT SERVICES $60,000 to $75,000 Edison, Charles D. GROWTH AND DEVELOPMENT SERVICES $60,000 to $75,000 2,020.3 Farrah, Valerie S. ADMINISTRATIVE SERVICES $60,000 to $75,000 1,935.24 Ferran, Paul F. STRATEGIC SERVICES $60,000 to $75,000 Ferguson, Mark J. ADMINISTRATIVE SERVICES $60,000 to $75,000 1,919.96 Freeze, Barry GROWTH AND DEVELOPMENT SERVICES $60,000 to $75,000 2,182.09 Fudge, Alice C. GROWTH AND DEVELOPMENT SERVICES $60,000 to $75,000 Gallant, Lawrence C. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 2,000.48 Gerawh, Randy P. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 Goguen, Marc A. GROWTH AND DEVELOPMENT SERVICES $60,000 to $75,000 Graham, Leroy P. SAINT JOHN WATER $60,000 to $75,000 2,058.4 Graham, Paul R. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 1,544.78 Granger, John TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 1,875.49 Grant, Daniel J. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 Graves, Richard D. SAINT JOHN WATER $60,000 to $75,000 Guthrie, Thomas W. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 Hachey, Wayne J. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 1,892.24 Hamilton, Robert L. SAINT JOHN WATER $60,000 to $75,000 2,046.79 Hannah, Sean P. ADMINISTRATIVE SERVICES $60,000 to $75,000 Hanson, Blayne R. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 1,532.79 Hatfield, Evelyn R. STRATEGIC SERVICES $60,000 to $75,000 1,875.49 Hatfield, Gary W. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 1,815.95 Hebert, Frank G. SAINT JOHN WATER $60,000 to $75,000 2,112.86 Henderson, Robert B. ADMINISTRATIVE SERVICES $60,000 to $75,000 Hovey, Todd C. ADMINISTRATIVE SERVICES $60,000 to $75,000 35.9 Hynes, Chesley J. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 1,989.91 James, Ryan C. SAINT JOHN WATER $60,000 to $75,000 Johnson, Paul SAINT JOHN WATER $60,000 to $75,000 2,163.97 Kane, Andrea J. ADMINISTRATIVE SERVICES $60,000 to $75,000 Keenan, Michael F. SAINT JOHN WATER $60,000 to $75,000 Kieu, Phem TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 1,906.92 Kilpatrick, Daryl S. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 2,027.13 Kincade, Kevin F. ADMINISTRATIVE SERVICES $60,000 to $75,000 Kincade, Mark G. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 1,972.52 Kincade, Michael J. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 1,540.33 Kliffer, Jody L. GROWTH AND DEVELOPMENT SERVICES $60,000 to $75,000 Leblanc, Donald J. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 1,468.32 Leblanc, Jeremy M. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 Leonard, John K. PUBLIC SAFETY SERVICES $60,000 to $75,000 1,823.22 Loughery, Kevin ADMINISTRATIVE SERVICES $60,000 to $75,000 Lymburner, Dawn STRATEGIC SERVICES $60,000 to $75,000 Mackin, Patrick J. SAINT JOHN WATER $60,000 to $75,000 1,370.06 Macrae, Ronald B. SAINT JOHN WATER $60,000 to $75,000 1,934.48 Mahaney, Rodney J. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 2,247.17 Maxwell, Scott B. SAINT JOHN WATER $60,000 to $75,000 McCarthy, Kenneth M. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 1,945.99 McCarthy, Patrick J. GROWTH AND DEVELOPMENT SERVICES $60,000 to $75,000 2,009.62 McCluskey, Fred M. ADMINISTRATIVE SERVICES $60,000 to $75,000 1,985.41 McDevitt, Tanner A. SAINT JOHN WATER $60,000 to $75,000 McGrath, Thomas H. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 McGraw, Troy A. STRATEGIC SERVICES $60,000 to $75,000 McGuire, Tony TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 McKenzie, Justin E. ADMINISTRATIVE SERVICES $60,000 to $75,000 McKiel, Christopher D. GROWTH AND DEVELOPMENT SERVICES $60,000 to $75,000 McKinnon, Deborah A. ADMINISTRATIVE SERVICES $60,000 to $75,000 1,875.49 113 McLaughlin, John A. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 McLeod, Christa C. STRATEGIC SERVICES $60,000 to $75,000 McNeill, Daniel B. ADMINISTRATIVE SERVICES $60,000 to $75,000 Montgomery, Michael SAINT JOHN WATER $60,000 to $75,000 Nason, Scott PUBLIC SAFETY SERVICES $60,000 to $75,000 Newman, Adam T. SAINT JOHN WATER $60,000 to $75,000 Nicholson, Blair ADMINISTRATIVE SERVICES $60,000 to $75,000 O'Brien, David J. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 O'Hearn, Mark R. GROWTH AND DEVELOPMENT SERVICES $60,000 to $75,000 Palmer, Joel R. ADMINISTRATIVE SERVICES $60,000 to $75,000 Phinney, Allan B. SAINT JOHN WATER $60,000 to $75,000 Ratcliffe, Barry D. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 Reid, Matthew C. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 Riley, Raymond J. ADMINISTRATIVE SERVICES $60,000 to $75,000 Ring, John G. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 Robertson, Joseph T. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 Rodgers, Robert G. ADMINISTRATIVE SERVICES $60,000 to $75,000 Seaward, Sean L. SAINT JOHN WATER $60,000 to $75,000 Seeley, Jesse M. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 Seeley, Mark D. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 Shannon, Katherine L. STRATEGIC SERVICES $60,000 to $75,000 Shaw, Anthony S. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 Skerry, Rodney J. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 Slader, E. Mark GROWTH AND DEVELOPMENT SERVICES $60,000 to $75,000 Smith, Jessica M. STRATEGIC SERVICES $60,000 to $75,000 Smith, Kurt D. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 Speight, Mark S. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 Stackhouse, Daniel P. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 Stirling, George F. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 Thibodeau, James R. ADMINISTRATIVE SERVICES $60,000 to $75,000 Thorne, R. Noel TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 Tibbits, Kelly A. LEGISLATIVE SERVICES $60,000 to $75,000 Verner, Lori J. GROWTH AND DEVELOPMENT SERVICES $60,000 to $75,000 Walker, Gregory P. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 Waye, Jason A. GROWTH AND DEVELOPMENT SERVICES $60,000 to $75,000 Whalen, Peter E. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 Wilson, Paul W. ADMINISTRATIVE SERVICES $60,000 to $75,000 Wright, Wayne E. TRANSPORTATION AND ENVIRONMENT SERVICES $60,000 to $75,000 Zwicker, Robert G. ADMINISTRATIVE SERVICES $60,000 to $75,000 Adams, Robert B. PUBLIC SAFETY SERVICES $75,000 and $100,000 Alexander, Peter J. PUBLIC SAFETY SERVICES $75,000 and $100,000 Anderson, Steven E. SAINT JOHN WATER $75,000 and $100,000 Anglin, Patricia A. LEGISLATIVE SERVICES $75,000 and $100,000 Arrand, Mark A. PUBLIC SAFETY SERVICES $75,000 and $100,000 Baker, Michael J. TRANSPORTATION AND ENVIRONMENT SERVICES $75,000 and $100,000 Bates, Christopher PUBLIC SAFETY SERVICES $75,000 and $100,000 Bentley, Pamela M. GROWTH AND DEVELOPMENT SERVICES $75,000 and $100,000 Black, Anthony W. PUBLIC SAFETY SERVICES $75,000 and $100,000 Blacquier, Paul R. STRATEGIC SERVICES $75,000 and $100,000 Bramston, Frederick C. PUBLIC SAFETY SERVICES $75,000 and $100,000 Britt, Paul M. PUBLIC SAFETY SERVICES $75,000 and $100,000 Brittain, Scott A. LEGISLATIVE SERVICES $75,000 and $100,000 Buchanan, George D. PUBLIC SAFETY SERVICES $75,000 and $100,000 Buckley, William H. SAINT JOHN WATER $75,000 and $100,000 Burke, David LEGISLATIVE SERVICES $75,000 and $100,000 114 15,268.5 1,894.06 1,947.36 2,170.94 1,833.82 2,179.51 1,843.32 1,723.08 1,572.51 2,166.68 1,906.04 1,811.4 1,876.31 1,538.76 1,628.11 1,895.6 1,833.64 1,894.61 2,000.97 3,139.01 2,511.21 2,318.63 3,139.01 2,391.63 684.44 2,795.04 Burns, Norman E. PUBLIC SAFETY SERVICES $75,000 and $100,000 2,511.21 Byers, Roy V. PUBLIC SAFETY SERVICES $75,000 and $100,000 3,069.26 Caissie, Lisa K. STRATEGIC SERVICES $75,000 and $100,000 Calvin, Cynthia M. ADMINISTRATIVE SERVICES $75,000 and $100,000 684.44 Campbell, D. Alison PUBLIC SAFETY SERVICES $75,000 and $100,000 1,993.03 Campbell, John SAINT JOHN WATER $75,000 and $100,000 Carey, Marc S. PUBLIC SAFETY SERVICES $75,000 and $100,000 2,630.79 Carr, Michael D. PUBLIC SAFETY SERVICES $75,000 and $100,000 2,092.68 Carruthers, John P. PUBLIC SAFETY SERVICES $75,000 and $100,000 3,069.26 Cassidy, Corey H. PUBLIC SAFETY SERVICES $75,000 and $100,000 Charlton, Stephen E. PUBLIC SAFETY SERVICES $75,000 and $100,000 3,208.77 Chase, Gordon E. PUBLIC SAFETY SERVICES $75,000 and $100,000 2,511.21 Chisholm, Mark K. TRANSPORTATION AND ENVIRONMENT SERVICES $75,000 and $100,000 2,411.36 Christian, Peter e..W. PUBLIC SAFETY SERVICES $75,000 and $100,000 Clark, Michael D. PUBLIC SAFETY SERVICES $75,000 and $100,000 2,511.21 Clifford, Paul R. PUBLIC SAFETY SERVICES $75,000 and $100,000 3,069.26 Clinton, Christopher E. PUBLIC SAFETY SERVICES $75,000 and $100,000 1,993.03 Coates, Daniel J. PUBLIC SAFETY SERVICES $75,000 and $100,000 Collings, Peter E. PUBLIC SAFETY SERVICES $75,000 and $100,000 3,208.77 Comeau, Kevin J. PUBLIC SAFETY SERVICES $75,000 and $100,000 2,092.68 Conrad, Karl A. PUBLIC SAFETY SERVICES $75,000 and $100,000 3,069.26 Cook, Lawrence J. PUBLIC SAFETY SERVICES $75,000 and $100,000 3,208.77 Cormier, Joe N. PUBLIC SAFETY SERVICES $75,000 and $100,000 Cornfield, Victor D. PUBLIC SAFETY SERVICES $75,000 and $100,000 2,511.21 Cropley, Terry S. PUBLIC SAFETY SERVICES $75,000 and $100,000 Currie, E. Patrick PUBLIC SAFETY SERVICES $75,000 and $100,000 27,355.33 2,092.68 Day, Clifford C. PUBLIC SAFETY SERVICES $75,000 and $100,000 3,069.26 Demerchant, Kent E. PUBLIC SAFETY SERVICES $75,000 and $100,000 3,069.26 Doucet, Marc D. TRANSPORTATION AND ENVIRONMENT SERVICES $75,000 and $100,000 Doucette, Derek W. PUBLIC SAFETY SERVICES $75,000 and $100,000 Dow, Leonard A. PUBLIC SAFETY SERVICES $75,000 and $100,000 3,208.77 Eatmon, Harold M. SAINT JOHN WATER $75,000 and $100,000 2,647.29 Ferguson, Geoffrey L. PUBLIC SAFETY SERVICES $75,000 and $100,000 2,092.68 Ferris, Ryan P. PUBLIC SAFETY SERVICES $75,000 and $100,000 Finnigan, Daniel P. PUBLIC SAFETY SERVICES $75,000 and $100,000 2,929.75 Fogan, Ian D. ADMINISTRATIVE SERVICES $75,000 and $100,000 Foley, T. Jason PUBLIC SAFETY SERVICES $75,000 and $100,000 2,092.68 Forfar, Stacey GROWTH AND DEVELOPMENT SERVICES $75,000 and $100,000 Forrest, Kevin G. PUBLIC SAFETY SERVICES $75,000 and $100,000 684.44 Freeman, Daniel L. PUBLIC SAFETY SERVICES $75,000 and $100,000 2,511.21 Frigault, Joseph C. TRANSPORTATION AND ENVIRONMENT SERVICES $75,000 and $100,000 2,261.58 Fudge, Peter G. SAINT JOHN WATER $75,000 and $100,000 1,572.75 Furrow, Joseph D. PUBLIC SAFETY SERVICES $75,000 and $100,000 2,929.75 Gamblin, Trevor L. ADMINISTRATIVE SERVICES $75,000 and $100,000 Garland, Eric D. PUBLIC SAFETY SERVICES $75,000 and $100,000 684.44 Gautreau, R. Anthony PUBLIC SAFETY SERVICES $75,000 and $100,000 3,139.01 Goguen, Scott J. PUBLIC SAFETY SERVICES $75,000 and $100,000 Graham, Alastair D. PUBLIC SAFETY SERVICES $75,000 and $100,000 2,929.75 Green, Christopher PUBLIC SAFETY SERVICES $75,000 and $100,000 Green, Gerald T. PUBLIC SAFETY SERVICES $75,000 and $100,000 684.44 Green, Kevin G. PUBLIC SAFETY SERVICES $75,000 and $100,000 3,069.26 Green, Stephen J. PUBLIC SAFETY SERVICES $75,000 and $100,000 3,208.77 Hallett, Paul M. PUBLIC SAFETY SERVICES $75,000 and $100,000 Hamm, Stephen PUBLIC SAFETY SERVICES $75,000 and $100,000 2,511.21 Hanlon, Christopher G. PUBLIC SAFETY SERVICES $75,000 and $100,000 115 4,400 Harley, Jeremy F. PUBLIC SAFETY SERVICES $75,000 and $100,000 Harris, David PUBLIC SAFETY SERVICES $75,000 and $100,000 Hayward, N. Leslie PUBLIC SAFETY SERVICES $75,000 and $100,000 Hayward, Reginald PUBLIC SAFETY SERVICES $75,000 and $100,000 Hebert, Dennis J. PUBLIC SAFETY SERVICES $75,000 and $100,000 Higgins, Mark P. PUBLIC SAFETY SERVICES $75,000 and $100,000 Hodgson, David S. PUBLIC SAFETY SERVICES $75,000 and $100,000 Horton, Justin F. PUBLIC SAFETY SERVICES $75,000 and $100,000 Hovey, Arthur W. SAINT JOHN WATER $75,000 and $100,000 Howard, Robert J. PUBLIC SAFETY SERVICES $75,000 and $100,000 Hoyt, Chris R. PUBLIC SAFETY SERVICES $75,000 and $100,000 Huddleston, Graham J. SAINT JOHN WATER $75,000 and $100,000 Hussey, Craig L. PUBLIC SAFETY SERVICES $75,000 and $100,000 Hussey, Jeff TRANSPORTATION AND ENVIRONMENT SERVICES $75,000 and $100,000 Hutchings, William P. PUBLIC SAFETY SERVICES $75,000 and $100,000 Irving, Brian D. ADMINISTRATIVE SERVICES $75,000 and $100,000 James, Robert STRATEGIC SERVICES $75,000 and $100,000 Johnson, David L. PUBLIC SAFETY SERVICES $75,000 and $100,000 Johnson, Sean W. PUBLIC SAFETY SERVICES $75,000 and $100,000 Johnston, David W. PUBLIC SAFETY SERVICES $75,000 and $100,000 Johnston, Stephen R. PUBLIC SAFETY SERVICES $75,000 and $100,000 Kaine, Robert J. PUBLIC SAFETY SERVICES $75,000 and $100,000 Kearney, K. Jeffrey PUBLIC SAFETY SERVICES $75,000 and $100,000 Kearney, Ronald D. PUBLIC SAFETY SERVICES $75,000 and $100,000 Ketchum, Adam M. PUBLIC SAFETY SERVICES $75,000 and $100,000 King, Peter D. PUBLIC SAFETY SERVICES $75,000 and $100,000 Kingston, J. Derrick PUBLIC SAFETY SERVICES $75,000 and $100,000 Kingston, Lawrence PUBLIC SAFETY SERVICES $75,000 and $100,000 Kingston, Stephen H. SAINT JOHN WATER $75,000 and $100,000 Kyle, Paul W. PUBLIC SAFETY SERVICES $75,000 and $100,000 Landers, Charles H. PUBLIC SAFETY SERVICES $75,000 and $100,000 Landers, P. Joel TRANSPORTATION AND ENVIRONMENT SERVICES $75,000 and $100,000 Langille, Curtis ADMINISTRATIVE SERVICES $75,000 and $100,000 Langille, D. Scott PUBLIC SAFETY SERVICES $75,000 and $100,000 Lavigne, Craig M. ADMINISTRATIVE SERVICES $75,000 and $100,000 Lavigne, Peter O. PUBLIC SAFETY SERVICES $75,000 and $100,000 Leaman, Steven R. PUBLIC SAFETY SERVICES $75,000 and $100,000 Leavitt, Randall E. PUBLIC SAFETY SERVICES $75,000 and $100,000 Leblanc, Daniel F. TRANSPORTATION AND ENVIRONMENT SERVICES $75,000 and $100,000 Leblanc, Pierre SAINT JOHN WATER $75,000 and $100,000 Leger, Yves GROWTH AND DEVELOPMENT SERVICES $75,000 and $100,000 Lucas, Colin PUBLIC SAFETY SERVICES $75,000 and $100,000 Lydon, Erin P. PUBLIC SAFETY SERVICES $75,000 and $100,000 Lynch, Philip J. PUBLIC SAFETY SERVICES $75,000 and $100,000 Maccready, David A. PUBLIC SAFETY SERVICES $75,000 and $100,000 Macdougall, Justin PUBLIC SAFETY SERVICES $75,000 and $100,000 Maguire, Jeffrey R. PUBLIC SAFETY SERVICES $75,000 and $100,000 Maillet, Jamie W. PUBLIC SAFETY SERVICES $75,000 and $100,000 Margaris, James SAINT JOHN WATER $75,000 and $100,000 Martin, Michael D. SAINT JOHN WATER $75,000 and $100,000 Mattsson, Gerald W. GROWTH AND DEVELOPMENT SERVICES $75,000 and $100,000 Mayes, Sean D. PUBLIC SAFETY SERVICES $75,000 and $100,000 McAloney, H. Brian PUBLIC SAFETY SERVICES $75,000 and $100,000 McCarthy, John R. PUBLIC SAFETY SERVICES $75,000 and $100,000 McCavour, Murray R. PUBLIC SAFETY SERVICES $75,000 and $100,000 116 3,069.26 3,069.26 2,092.68 2,929.75 13, 026.25 2,264.03 1,993.03 2,391.63 2,929.75 1,993.03 3,139.01 2,092.68 2,511.21 2,092.68 2,929.75 3,069.26 3,069.26 3,069.26 684.44 2,511.21 2,092.68 3,139.01 2,790.24 684.44 3,208.77 3,069.26 2,364.83 1,993.03 2,511.21 2,929.75 3,208.77 McCormick, James D. PUBLIC SAFETY SERVICES $75,000 and $100,000 McCormick, Mark J. PUBLIC SAFETY SERVICES $75,000 and $100,000 McKenzie, Mark C. SAINT JOHN WATER $75,000 and $100,000 McLeod, Allan B. PUBLIC SAFETY SERVICES $75,000 and $100,000 McMillan, Donald B. PUBLIC SAFETY SERVICES $75,000 and $100,000 Melvin, Craig J. PUBLIC SAFETY SERVICES $75,000 and $100,000 Melvin, Roy L. PUBLIC SAFETY SERVICES $75,000 and $100,000 Mew, Michael A. PUBLIC SAFETY SERVICES $75,000 and $100,000 Mitchell, Andrew H. STRATEGIC SERVICES $75,000 and $100,000 Moar, Nancy M. STRATEGIC SERVICES $75,000 and $100,000 Moran, Jordan J. GROWTH AND DEVELOPMENT SERVICES $75,000 and $100,000 Morgan, F. Peter STRATEGIC SERVICES $75,000 and $100,000 Moriarty, Dean P. PUBLIC SAFETY SERVICES $75,000 and $100,000 Morrow, George R. PUBLIC SAFETY SERVICES $75,000 and $100,000 Moyer, D. Edward PUBLIC SAFETY SERVICES $75,000 and $100,000 Murphy, Grant C. PUBLIC SAFETY SERVICES $75,000 and $100,000 Murray, John D. PUBLIC SAFETY SERVICES $75,000 and $100,000 Murray, John M. PUBLIC SAFETY SERVICES $75,000 and $100,000 Nguyen, Hang T. ADMINISTRATIVE SERVICES $75,000 and $100,000 Nichol, Robert j..E. PUBLIC SAFETY SERVICES $75,000 and $100,000 Nolan, Roy E. PUBLIC SAFETY SERVICES $75,000 and $100,000 Nordstrom, Scott A. PUBLIC SAFETY SERVICES $75,000 and $100,000 O'Brien, Kevin J. GROWTH AND DEVELOPMENT SERVICES $75,000 and $100,000 O'Keefe, Christine TRANSPORTATION AND ENVIRONMENT SERVICES $75,000 and $100,000 O'Neill, Edmund J. SAINT JOHN WATER $75,000 and $100,000 O'Neill, John E. PUBLIC SAFETY SERVICES $75,000 and $100,000 O'Reilly, Timothy D. TRANSPORTATION AND ENVIRONMENT SERVICES $75,000 and $100,000 Oickle, Barry G. PUBLIC SAFETY SERVICES $75,000 and $100,000 Ouellette, Phillippe A. LEGISLATIVE SERVICES $75,000 and $100,000 Palmer, Curt J. PUBLIC SAFETY SERVICES $75,000 and $100,000 Paulin, Michael PUBLIC SAFETY SERVICES $75,000 and $100,000 Petrie, Christopher SAINT JOHN WATER $75,000 and $100,000 Pollock, Randall G. GROWTH AND DEVELOPMENT SERVICES $75,000 and $100,000 Powell, Alan D. PUBLIC SAFETY SERVICES $75,000 and $100,000 Price, Dean E. SAINT JOHN WATER $75,000 and $100,000 Price, Trevor PUBLIC SAFETY SERVICES $75,000 and $100,000 Quigg, Brian J. PUBLIC SAFETY SERVICES $75,000 and $100,000 Rackley- Roach, Stephanie L. STRATEGIC SERVICES $75,000 and $100,000 Reade, Mark D. GROWTH AND DEVELOPMENT SERVICES $75,000 and $100,000 Richard, Michael J. PUBLIC SAFETY SERVICES $75,000 and $100,000 Richards, Kevin D. PUBLIC SAFETY SERVICES $75,000 and $100,000 Robertson, Kevin PUBLIC SAFETY SERVICES $75,000 and $100,000 Robichaud, Laurie PUBLIC SAFETY SERVICES $75,000 and $100,000 Rooney, Andrew PUBLIC SAFETY SERVICES $75,000 and $100,000 Ross, David A. PUBLIC SAFETY SERVICES $75,000 and $100,000 Ross, Derek PUBLIC SAFETY SERVICES $75,000 and $100,000 Russell, Dale L. PUBLIC SAFETY SERVICES $75,000 and $100,000 Russell, David SAINT JOHN WATER $75,000 and $100,000 Russell, Robert M. ADMINISTRATIVE SERVICES $75,000 and $100,000 Ryan, John S. SAINT JOHN WATER $75,000 and $100,000 Salmon, Larry R. PUBLIC SAFETY SERVICES $75,000 and $100,000 Shelley, Joseph J. PUBLIC SAFETY SERVICES $75,000 and $100,000 Sheppard, Billy PUBLIC SAFETY SERVICES $75,000 and $100,000 Slipp, Frederick L. PUBLIC SAFETY SERVICES $75,000 and $100,000 Slovitt, Bruce S. SAINT JOHN WATER $75,000 and $100,000 117 2,092.68 2,511.21 2,036.74 3,069.26 10,857.5 14,746.5 684.44 2,511.21 3,069.26 2,511.21 3,139.01 2,291.98 684.44 2,270.83 3,208.77 684.44 684.44 2,511.21 30,537 2,929.75 2,092.68 3,208.77 684.44 2,511.21 2,401.58 Smith, Matthew D. PUBLIC SAFETY SERVICES $75,000 and $100,000 Stackhouse, Paul Q. PUBLIC SAFETY SERVICES $75,000 and $100,000 3,139.01 Stevens, Terrance T. SAINT JOHN WATER $75,000 and $100,000 2,519.41 Stone, J. Daniel SAINT JOHN WATER $75,000 and $100,000 1,527.35 Stringer -Webb, Jodi T. SAINT JOHN WATER $75,000 and $100,000 Summerville, J. Scott PUBLIC SAFETY SERVICES $75,000 and $100,000 Tait, Peter D. PUBLIC SAFETY SERVICES $75,000 and $100,000 Taylor, Joe R. PUBLIC SAFETY SERVICES $75,000 and $100,000 Taylor, Jonathan A. LEGISLATIVE SERVICES $75,000 and $100,000 Thebeau, Patrick J. PUBLIC SAFETY SERVICES $75,000 and $100,000 Thibodeau, Bernard A. TRANSPORTATION AND ENVIRONMENT SERVICES $75,000 and $100,000 684.44 Tobias, Christopher M. PUBLIC SAFETY SERVICES $75,000 and $100,000 3,208.77 Tompkins, Melanie C. LEGISLATIVE SERVICES $75,000 and $100,000 Tompkins, Trevor S. PUBLIC SAFETY SERVICES $75,000 and $100,000 1,993.03 Trentowsky, Douglas S. PUBLIC SAFETY SERVICES $75,000 and $100,000 2,511.21 Urquhart, Sonny O. PUBLIC SAFETY SERVICES $75,000 and $100,000 Vautour, Joseph J. PUBLIC SAFETY SERVICES $75,000 and $100,000 2,092.68 Vautour, Serge N. PUBLIC SAFETY SERVICES $75,000 and $100,000 Voutour, Stephen R. PUBLIC SAFETY SERVICES $75,000 and $100,000 2,511.21 Walker, Adam C. PUBLIC SAFETY SERVICES $75,000 and $100,000 Walker, Daniel A. PUBLIC SAFETY SERVICES $75,000 and $100,000 3,069.26 Walsh, B. Todd PUBLIC SAFETY SERVICES $75,000 and $100,000 Walsh, Ray E. TRANSPORTATION AND ENVIRONMENT SERVICES $75,000 and $100,000 Watson, Kevin J. GROWTH AND DEVELOPMENT SERVICES $75,000 and $100,000 684.44 Wilson, Brian G. PUBLIC SAFETY SERVICES $75,000 and $100,000 2,014.43 Wilson, Mark T. PUBLIC SAFETY SERVICES $75,000 and $100,000 684.44 Woodhouse, Paul D. SAINT JOHN WATER $75,000 and $100,000 2,417.82 Woodhouse, Peter G. PUBLIC SAFETY SERVICES $75,000 and $100,000 3,139.01 Woods, Brian STRATEGIC SERVICES $75,000 and $100,000 Worthman, Christopher PUBLIC SAFETY SERVICES $75,000 and $100,000 Wright, David L. PUBLIC SAFETY SERVICES $75,000 and $100,000 3,069.26 Yammine, Samir ADMINISTRATIVE SERVICES $75,000 and $100,000 Young, Holly C. GROWTH AND DEVELOPMENT SERVICES $75,000 and $100,000 118 Appendix B Name Program Salary Retirement Travel and Car Area Information* Allowance other allowances ( >$60,000) and employee (any amount) Severance expenses ( >$10,000) ( >$12,000) John Corporate $75,000 - $99,999 $22,000 $14,250 $2,400 Smith Services * Salary Information A listing of calendar year -to -date gross earnings by employee within each program area, where the total earnings amount equals or exceeds $60,000. Employees for the purpose of this disclosure include anyone for whom the City has made any withholdings, including, for example, those on personal service agreements. Please ensure the following with regard to the salaries: • Names are shown exactly as they should appear for publication. (Including: proper capitalization, appropriate accents, hyphens, commas after surnames, and periods after initials.) • Names are grouped into salary ranges starting from $60,000 to $75,000 then $75,000 to $100,000, $100,000 to $125,000 and upward in increments of $25,000. • Include total earnings (as defined below) for each employee. • Notation is made under any unoccupied range up to the highest earner's bracket. (e.g. "There were no employees with salaries in this range. ") • Names in each range are sorted in alphabetical order by the last name. • Employee names are shown with the surname first followed by the first name and initial(s). Total earnings include regular earnings, overtime, bonuses, commissions, taxable benefits (except personal use of employer supplied vehicle), salary top ups, allowances and similar items. Total earnings exclude taxable benefits related to personal use of employer supplied vehicle, deferred salary earnings, retirement allowance and severance payments. 119 REPORT TO COMMON COUNCIL M & C — 2015 —159 July 28, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: East Side Library Relocation to SJ Transit Building BACKGROUND: In April of 2015 staff reported; City of Saint John Following Council's direction of January 2015 (see attached report) Richard and Co. Architecture Inc. was engaged to provide space design and an order of magnitude estimate of the construction costs associated with the design (attached). The process resulted in a plan which would see Transit and East Library co- located in the main floor of the Transit Facility. The plan as presented is to the satisfaction of both parties. The estimated construction cost to do the work is in the order of $220, 000. Based on the Library's projected annual rent of approximately $100,000 at the Westmorland Plaza, the payback to the City for its investment would be slightly more than 2 years. Subsequently Council resolved; 1. That Common Council directs staff to engage Richard and Co. Architecture Inc. to complete finals construction drawings; and further; 2. Directs staff to call for tenders for the construction of the Transit and Library colocation and report back with a recommendation. Staff have executed Council's directive and are presenting the results of the tender with this award recommendation. Bird Construction Group (BCG) was low bid at $281,000. BCG was the contractor that built the Quispamsis Library expansion in 2014. Richard and Co. Architecture Inc. has agreed to manage the construction for $7,200.00 plus HST. INPUT FROM OTHER SOURCES — MATERIALS MANAGEMENT: A public tender call was issued on June 22, 2015 and closed on July 15, 2015. Six (6) companies responded to the tender call by submitting bids. The results are as follows (excluding HST): COMPANY NAME F I TENDER PRICE* 120 M &C- 2015 -159 -2- July 28, 2015 Bird Construction Group $281,000.00 John Flood & Son (1961) Ltd. $287,554.00 Eclipse Construction Services Ltd. $303,178.82 Castle Rock Construction Services Inc. $311,700.00 Avondale Construction Ltd. $315,000.00 King Construction Ltd. $362,600.00 *Exclusive of HST Staff of Materials Management have reviewed the tenders and have found them to be complete and formal in every regard. Staff believes that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. RECOMMENDATION: It is recommended that Common Council award Tender No. 2015- 085102T to Bird Construction Group at a cost of $281,000.00 plus HST, and that Richard and Co. Architecture Inc. be engaged to manage the construction phase at a cost of $7,200.00 plus HST. Respectfully submitted, Brian Irving, BBA Gregory J. Yeomans, CPA, CGA, MBA Manager Real Estate Commissioner Finance and Administrative Services Wm. Edwards, P.Eng. Acting City Manager and Commissioner, Transportation & Environment 121 M &C- 2015 -15 Committee of the Whole January 14, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: East Side Library Relocation to SJ Transit Building BACKGROUND: In January Council received the following: Over the course of the last year the Saint John Free Public Library has been considering its location options and alternatives for its offering in east Saint John, The Library performed a space requirement and site location criteria analysis and subsequently called for expressions of interest from the market. The existing landlord was the only respondent. e! c 7n City of Saint John Negotiations with the current landlord included expanded space needed for programming as identified in the library's aforementioned space needs analysis. Initial lease renewal discussions were positive however the landlord's only submission to the Library did not reflect the negotiated terms and conditions and came in a "take it or leave it" manner. The landlord clearly presented itself to be in a position of strength. This resulted in staff recommitting to search for alternate sites in east Saint John. A couple of alternatives were considered but neither proved fruitful. Commissioner Yeomans suggested the Library take a look at the Transit building as part of a brainstorming session between City and Library staff. The Transit site was somewhat outside of the geographical boundaries outlined in the siting criteria however it is proximate a densely populated residential area, is on the bus route and is close to the Library's original home from 1968 -75, the Loch Lomond Mall. City and Library staff /Directors met several times on site at the Transit Facility to investigate the potential of relocating. There was and remains ongoing positive 122 M & C - 2015 -TBD -2- April 16, 2015 feedback about the possibilities from all the stakeholders. On January 2P the Transit Commission and the SJFree Public Library will be addressing this opportunity at their respective monthly Board meetings. In order to advance this opportunity Council may direct staff to engage the services of an architect to design the space to accommodate approximately 5, 000 square feet of Library use and the Transit management team. There may be a need to locate the Transit management to the upper deck Regardless ofspacial configurations, some capital will be required to accommodate both uses in the shared space. Once design/architectural renderings and associated costing is performed staff would report back with the financial implications. The Library currently rents 4,500 sf. +/- at an annual rent of approximately $75, 000 p. a. and were aiming to grow to 5,200 sf. +/- at a projected annual rent of approximately $100, 000. Clearly any capital requirements to co- locate Library and Transit will be offset by significant annual operating savings to the City. The Library's term expires in May of 2015 at its current location. Library staff has advised that their operations could be ceased for a short period of time to allow for the necessary renovation work at the Transit Facility, if necessary. Library staff would transition to outreach programs in the community over that period. This co- location seems to be a win - win -win. The City, SJFree Public Library and SJ Transit Commission are all getting something they covet. The City seeks to maximize utility and occupancy of its existing real estate, the Library seeks new space to appropriately service its clientele and deliver important programs to the community and Transit seeks revenue creation /cost offsets to make their operations more sustainable. The following Recommendation was adopted: RECOMMENDATIONS That Council directs staff to engage an architectural /design firm to provide the necessary plans and associated cost estimate to co- locate the east branch of the Saint John Free Public Library and the Saint John Transit Commission in the Transit Facility. Subsequently Richard and Co. Architecture Inc. was engaged to perform the space design and provide and order of magnitude estimate of the construction costs associated with the design. Attached please find the space design sketches which allow Transit and East Library to co locate at the Transit Facilty. The estimated construction cost to do so is estimated to be in the order of $220,000. Based on a projected annual rent of approximately $100,000 at the Westmorland Plaza, the payback to the City for its investment would be slightly more than 2 years. 123 M & C - 2015 -TBD -3- April 16, 2015 RECOMMENDATIONS That Common Council direct Richard and. Co to complete finals construction drawings; and further; Directs staff to call for tenders for the construction of the Transit and Library colocation and report back with recommendation. Respectfully submitted, Brian Irving, BBA Gregory J. Yeomans, CGA, MBA Manager Real Estate Commissioner Finance and Administrative Services Patrick Woods, CGA City Manager 124 ■iris ■ ■■ ■ ■■ it Nor�l�� ■■■ ■i■ ■■ Jim ■■■■ Project Name: East Library Relocation Project Location: SJ Transit Building Consultant Name: Richard & Co. Architecture Inc Attn: Rob Zwicker, Ptech City of Saint John Facility Management Dear Mr. Zwicker, Probable Cost April 14, 2015 RCA Project #: 25909 The design of the relocation of the east branch of the Saint John Free Public Library is complete with the detailing of the improvements to follow. A pre - documentation coordination of the architectural, mechanical and electrical improvements is scheduled for April 20. The scope of work is minimized through the retention of existing rooms, walls, flooring and cabinetry. Washrooms, locker rooms and other utility rooms are effectively unchanged. Electrical power and communications are modified to suit changes in occupancy with existing lighting fixtures re -used and relocated as necessary. The probable cost of the proposed library relocation is estimated at $ 219,500.00 plus HST. Architectural $90,000.00 Mechanical $25,500.00 Electrical $56,000.00 Contingency $18,000.00 O/H & P $20,000.00 If you have any questions, please call (506) 633 -1361. Yours truly, Richard & Co. Architecture Inc. Michael Richard, Architect, AANB, MRA1C 40 bMW Gtreet, Sain', io', .n, NB E21L 2A5 Tel: (50x)63& -13:;1 CE; €I 1(503; 609-7047 rnrir iatdOricl ar�'�.rvli;tectu;c.ccm 125 REPORT TO COMMON COUNCIL August 4, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: TRAIN WHISTLING UPDATE BACKGROUND On July 20, 2015, Common Council adopted the following resolution; City of Saint John "The City Manager be directed to have the appropriate staff, dealing with the train whistle cessation at Thorne Avenue and Rothesay Avenue, report to open session at the next meeting to update Council as to what has taken place over the past two years, why the delays and who is responsible." In response, staff have since highlighted the major milestones associated with the pursuit of whistling cessation at the Thorne Avenue and Rothesay Avenue train crossings. ANALYSIS Staff were initially directed by Common Council to pursue an investigation on train whistling cessation in June 2008, with the request to "bring forward a recommendation to Common Council on the feasibility of implementing anti - whistling legislation." Since that time, Staff have presented four reports in Committee of the Whole describing the process to pursue an anti - whistling exemption and corresponding considerations. In order to investigate a whistling exemption in Saint John, Staff have worked closely over the past several months with representatives from New Brunswick Southern Rail (NBSR), the provincial department of Transportation and Infrastructure (NBDTI) as well as Transport Canada. As indicated in earlier Council reports, train whistling cessation requests for short-line railways in New Brunswick are to be submitted by the railway operator (NBSR in this case) to NBDTI. It is a requirement of the railway company that the municipality finance any necessary capital upgrades (signage, lighting, gates), as identified by a safety assessment, for those crossings being considered for train whistling cessation. There is also a requirement for the municipality to `accept liability' and provide the NBDTI and NBSR an indemnity against all actions or claims related to the absence of train whistling. 126 The City did investigate the risk associated with accepting liability, and Council was informed that the City carries liability limits of $50 million, which will likely satisfy the requirements of other levels of government and railways, and as such, no additional change in premium levels would be required (assuming the crossings are otherwise currently at or brought up to an acceptable safety standard). The risk involved is that any incident involving a railway crossing where whistling has been reduced would be directed to the City's insurance program and not the railways, whether the incident resulted from a lack of whistling or not. This added exposure to the City's insurance program will not change premium levels in the short term, but should an incident occur, it will impact the City's insurance premiums. On May 26th, 2014, Council in Committee of the Whole directed the City Manager "to continue liaison with NBSR and NBDTI to proceed with anti - whistling cessation at the Thorne Avenue and Rothesay Avenue railway crossings and to report back to Council on the costs and risk." These two crossings were identified by Council because of the presence of the necessary train safety infrastructure (signage, lighting, gates) to allow for the consideration of an anti - whistling exemption. In other words, there are no needed capital upgrades, and subsequent costs to the City of Saint John, required for the Thorne Avenue and Rothesay Avenue railway crossings in order to be considered for an anti - whistling exemption. An initial safety assessment that was conducted by NBSR, NBDTI and the City of Saint John at the Thorne Avenue and Rothesay Avenue railway crossings in August 2014 suggests that there are no serious safety impediments that would compromise an anti - whistling exemption. In addition, initial findings from the assessment suggest that no major capital upgrades are needed for the two crossings in order to proceed with an anti - whistling exemption. On January 9th, 2015, Council in Committee of the Whole adopted the following two motions: "1. the City Solicitor be directed to draft a release and an indemnity from the City should New Brunswick Southern Rail (NBSR) or the PNB Department of Transportation and Infrastructure ( NBDTI) be sued for anything related to the absence of train whistling at the Rothesay and Thorne Avenue train crossings, and; that 2. the City Solicitor be directed to develop and release an indemnity in a form acceptable to the City and to report back to Council with a final draft that is acceptable to PNB Department of Transportation and Infrastructure and NB Southern Rail." In March 2015, a projected timeline was established between the City of Saint John, NBDTI and NBSR, which identified the major milestones to finalize the approval of the exemption. The projected timeline was the following: 127 Task Timeline Responsibility ssum tions City to send letter to NBSR May City That NBSR does not raise any officials requesting anti - whistling 2015 unforeseen concerns over this request exemption NBSR to send letter to NBDTI May NBSR requesting anti - whistling exemption 2015 Final Transport Canada safety June Transport The final review does not identify any assessment 2015 Canada glaring findings that questions the merit of an anti - whistling exemption Execution of indemnities June City 2015 Final approval from NBDTI on June NBDTI That the Minister does not raise any anti - whistling unforeseen concerns over this request Implementation of anti - whistling July NBDTI and exemption 2015 NBSR The Solicitor's Office, NBSR and NBDTI reached agreement on a final version of the indemnities in early May 2015. On May 11th, 2015, Council adopted a resolution to "formally request NBSR to pursue a train whistling exemption for the Rothesay Avenue and Thorne Avenue train crossings. In addition, "to authorize the City of Saint John to execute the indemnities on the condition that Transport Canada completes a final safety assessment of the Rothesay Avenue and Thorne Avenue train crossings and that the safety assessment concludes that it is appropriate to grant, without condition, a whistling exemption for those crossings." On May 12th, 2015, the City Manager submitted a letter to NBSR to formally request a train whistling exemption for the Rothesay Avenue and Thorne Avenue train crossings. A final safety assessment of the two crossings was conducted by NBDTI on June 25th, 2015. NBDTI, with the assistance of Transport Canada acting as a consultant to NBDTI reviewed the conditions at both crossings and determined that the crossings meet the criteria for the cessation of whistling established in "Guideline 1- procedure and condition for eliminating whistling at public crossings ". As of Monday July 27th, 2015, it is in the hands of NBSR to decide on whether they have the necessary information to be able to make a decision whether to proceed with an official request to NBDTI for the whistling exemption. Once NBDTI receives the official request from NBSR, the request will be submitted to the Minister for consideration. In the event the Minister approves NBSR's request for a whistling exemption, the City of Saint John will execute the indemnities with NBSR and NBDTI in order to finalize approval. 128 RECOMMENDATIONS Staff recommends that Common Council: Receive and file the Report to Council. Respectfully submitted, Phil Ouellette, MA Executive Director, City Manager's Office Wm. Edwards, P. Eng. Acting City Manager 129 REPORT TO COMMON COUNCIL M &C- 2015 -161 July 28, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Interim Project Financing Saint John Industrial Parks BACKGROUND: :Wo city of Saint John As the members of Common Council are aware, and as highlighted in the attached letter from Saint John Industrial Parks (SJIP), Saint John Industrial Parks is constructing the Spruce Lake Barge Facility at a cost of $7.5 million. The Atlantic Canada Opportunities Agency (ACOA) and the Regional Development Corporation (RDC) have each committed to invest up to $3 million towards the project which along with the $1.5 million contribution from SJIP represents the full funding of the project. Under the cost sharing agreement, funding from ACOA and RDC is based on a reimbursement of paid expenditures through the submission of a claim. In the attached documents from SJIP are a Cash Flow Projection and a Projected Expenditure Schedule. As can be seen from the Cash Flow Projection there is a window from October 2015 to February 2016 when SJIP will not have sufficient cash to meet the payments due based on the Projected Expenditure Schedule. SJIP have investigated the requirements for securing a Line of Credit. In light of the short term nature of the need in relation to the requirements to secure the Line of Credit, SJIP is requesting that the City of Saint John provide the Interim Financing to facilitate the completion of the construction of the Spruce Lake Barge Facility. The maximum need identified in the Cash Flow Projection occurs in the December 2015 — January 2016 timeframe in the amount of approximately $1,800,000. All interest and other charges that the City may incur with providing the Interim Financing would be paid by SJIP. FINANCIAL IMPLICATIONS: The City of Saint John has the capacity to provide this Interim Financing to Saint John Industrial Parks with no impact on operations or our economic situation. 130 M &C- 2015 -161 -2- July 28, 2015 RECOMMENDATION Resolved that the Common Council authorize the Commissioner of Finance to provide Interim Project Financing to Saint John Industrial Parks during the construction of the Spruce Lake Barge Facility in an amount not to exceed $3,000,000 at the rate of interest normally charged to the City of Saint John plus 1.00 percent plus any other costs that the City of Saint John may incur on the condition that the repayment of this Interim Project Financing be made by Saint John Industrial Parks upon receipt of claims payments from Atlantic Canada Opportunities Agency and Regional Development Corporation and no later than June 30, 2016. Respectfully submitted, Gregofy J. Yegn;�-ns; CPA, CGA, MBA Commissioner of Finance and Administrative Services Wm. Edwards, P. Eng Acting City Manager 131 I ,r INDUSTRIAL us saintj ohnindustrial. ca @partneringrowth July 14, 2015 Mr. Greg Yeomans Commissioner of Finance City of Saint John P. O. Box 1971 Saint John, NB E21- 41-1 Dear Mr. Yeomans: As you are aware the Spruce Lake Barge Facility is fully funded at $7.5 million in a cost sharing agreement which sees Atlantic Canada Opportunities Agency (ACOA) and Regional Development Corporation (RDC) each investing up to $3 million to match Saint John Industrial Parks Ltd. (SJIPL) $1.5 million contribution. Over the course of construction, there will be cash flow demands that will outstrip the Company's reserves and the Company's ability to claim reimbursement from ACOA and RDC for paid expenditures. As such, SJIPL has determined it requires operating credit of up to $2.5m for a period of up to 6 months (Oct. 2015 -March 2016). The project only has one month whereby a significant amount of credit is required and several other months with minor cash flow requirement. SJIPL has investigated securing a Line of Credit from its banking institution the Bank of Nova Scotia. The requirements to secure this financial mechanism are seemingly onerous. SJIP is asking the City if it would make sense for the City to act as the bank in this instance and reduce the red tape to SJIP and at the same time allow the City to secure the interest and fees which would alternately leave the City /SJIP coffers. Res ully, Lois Vincent, President SAINT JOHN INDUSTRIAL PARKS LTD. Saint John Industrial Parks Ltd. • P 506 658 4418 F 506 658 283715 .Market Square, 10th floor• P.O. Box 1971Saint John, NB E21-41- I 132 CD rC O N M M N O O Q CT Q O O O rY M O u7 O O Cn rn M O m O N v1 00 a 0 0 W O Q O m o N O m In o .-; In o 'D W u7 o m n N m n rn Q c n Q O ' O O In Q cf M n to m n ;3 o �.. 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N N m `o o w E l7 '^ E E °' LL a •x rX E- '� c t m wm o o �, Q m o o = d N E E E K Y « aV-. O N N O N •[ G= C N C V V m C 6 W 6 E E pE o 0 1+ C° O O .ti IA ul Qp O N O O M o W O O> w N L O m N N O ! 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N N m `o o w E l7 '^ E E °' LL a •x rX E- '� c t m wm o o �, Q m o o = d N E E E K Y « aV-. O N N O N •[ G= C N C V V m C 6 W 6 E E pE o 0 1+ C° O O .ti IA ul Qp O N O O M o W O O> w N L O m N N O ! O i O 2 O O O 4 C l7 U H K M n n IU M K K M (7 l7 m 1- = n N 3 U F°- J N= 2 134 July 9, 2015 Mayor Norton and Members of Common Council PO Box 1971 15 Market Square Saint John, N.B. E2L 4L1 Subject: Audited Financial Statements — The City of Saint John Shared Risk Pension Plan Attached for the information of the members of Common Council is a copy of the 2014 Audited Financial Statements for the City of Saint John Shared Risk Pension Plan. We plan to invite representatives of stakeholders of the City of Saint John Shared Risk Pension Plan to our Annual Meeting tentatively planned for late October. At our annual meeting we plan to review all pertinent annual documents including the financial statements, the actuarial report and statement of investment policies & goals. A formal notice of annual meeting will be sent to stakeholder parties in the future. Sincere Regards, JoW de Gruyter Chair, Board of Trus Board of Trustees City of Saint John Shared Risk Pension Plan 135 P.O. Box 1971, 15 Market Square Saint John, N.B. E2L 4L1 506- 658 -2862 FINANCIAL STATEMENTS The City of Saint John Shared Risk Plan December 31, 2014 EY Building a better working world 136 CONTENTS Independent Auditors' Report Statement of Net Assets Available for Benefits Paae W Statement of Changes in Net Assets Available for Benefits 4 Notes to Financial Statements Schedule of Administrative Expenses 137 5 -9 H INDEPENDENT AUDITORS' REPORT To the Board of Trustees of The City of Saint John Shared Risk Plan We have audited the accompanying financial statements of The City of Saint John Shared Risk Plan, which comprise the statement of net assets available for benefits as at December 31, 2014, and the statement of changes in net assets available for benefits for the year then ended, and a summary of significant accounting policies and other explanatory information. The financial statements have been prepared by management to comply with the financial reporting requirements of the New Brunswick Pension Benefits Act. Management's responsibility for the financial statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with the financial reporting provisions of the New Brunswick Pension Benefits Act, and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. Auditors' responsibility Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditors consider internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. 1 EYArreml r firm of Fmsl 6 Vr,mq Vo'a! Uml —d 138 We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, the financial statements present fairly, in all material respects, the net assets available for benefits of The City of Saint John Shared Risk Plan as at December 31, 2014, and the changes in its net assets available for benefits for the year then ended in accordance with the financial reporting requirements of the New Brunswick Pension Benefits Act. Basis of accounting and restriction on use Without modifying our opinion, we draw attention to the fact that the financial statements are prepared to assist The City of Saint John Shared Risk Plan to meet the requirements of the New Brunswick Pension Benefits Act. As a result, the financial statements may not be suitable for another purpose. Other matter These financial statements are prepared to assist in reviewing the activities of The City of Saint John Shared Risk Plan for the year ended December 31, 2014 but they do not portray the funding requirements of The City of Saint John Shared Risk Plan nor do they contain a statement of changes in pension obligations or related disclosures. As a result, they are not general purpose financial statements. Saint John, Canada June 17, 2015 139 'K a&,7 xx P Chartered Professional Accountants 2 The City of Saint John Shared Risk Plan STATEMENT OF NET ASSETS AVAILABLE FOR BENEFITS As at December 31 Financial assets Cash and short-term deposits [Note 3] Other assets [Note 4] Due from the City of Saint John Temporary contributions due from the City of Saint John Accrued interest and dividends 2014 2013 2,669,076 18,659,620 41,833 38,679 641,050 534,500 1,165,626 1,197,836 548,151 843,914 Investments, at market Bonds and fixed income pooled funds; [Cost 2014 — $119,229,552; 2013 — $111,344,841] 128,625,240 110,470,235 Stocks and equity pooled funds; [Cost 2014 — $219,443,506; 2013 — $213,318,867] 311,454,959 270,980,764 Real estate funds [Cost 2014 — $30,885,308; 2013 — $31,159,247] 50,227,344 47,368,633 495,373,279 450,094,181 Financial liabilities Accounts payable 626,087 667,619 Net assets available for benefits 494,747,192 449,426,562 See accompanying notes On behalf of the Trustees;' A Tru tee 140 Trustee 3 The City of Saint John Shared Risk Plan STATEMENT OF CHANGES IN NET ASSETS AVAILABLE FOR BENEFITS Year ended December 31 2014 2013 Increase in assets Contributions [Note 6] The City of Saint John 18,160,690 15,117,102 Employees 6,227,810 6,110,202 24,388,500 21,227,304 Investment Income [Note 7] Fixed income 5,512,704 3,686,641 Equity income 7,897,997 7,790,726 Foreign exchange gain (loss) (195,083) 460,547 Other income 141,107 56,293 13,356,725 11,994,207 Realized gain in market value of investments [Note 7] 38,276,602 18,347,847 Unrealized gain in market value of investments 2,868,311 27,410,024 Hedging loss realized [Note 7] (1,900,241) (223,829) Hedging loss unrealized (610,610) (252,225) 38,634,062 45,281,817 76,379,287 78,503,328 Decrease in assets Pensions paid 25,105,800 24,511,979 Contributions and interest refunded to participants 3,067,756 1,682,165 Administrative expenses [Schedule] 2,885,101 2,899,598 31,058,657 29,093,742 Net increase in net assets available for benefits 45,320,630 49,409,586 Net assets available for benefits, beginning of year 449,426,562 400,016,976 Net assets available for benefits, end of year 494,747,192 449,426,562 See accompanying notes 0 141 The City of Saint John Shared Risk Plan 1. PLAN SUMMARY The City of Saint John Pension Plan (Former CSJ Plan) was converted to The City of Saint John Shared Risk Plan (the "Plan ") effective January 1, 2013. The purpose of the Plan is to provide secure benefits to members of the plan without an absolute guarantee but with a risk focused management approach delivering a high degree of certainty that Base Benefits can be met in the vast majority of potential future economic scenarios. As a Shared Risk Plan, all future cost of living adjustments for current and future retirees and other Ancillary Benefits under the Plan shall be provided only to the extent that funds are available for such benefits, as determined by the Board of Trustees in accordance with applicable laws and the plan's Funding Policy. The assets of the Plan are held by RBC Dexia Investor Services which acts as custodian of the Plan. The assets of the Plan are managed by eight different investment managers who have discretionary investment authority within the investment mandates given to them by the Board of Trustees. The performance of the Plan relative to others is measured on a regular basis by API Asset Performance Inc. Significant features of the Plan are as follows: • For Service prior to January 1, 2013, the Plan provides for pensions on the defined benefit basis at the rate of 2% per year of service times the average of the three consecutive years of service having the highest salary. Upon conversion to shared risk, the targeted benefit basis for service earned after the conversion date is now 1.8% per year of service times the salary (excluding overtime pay) earned during the relevant year to a maximum salary of $125,749. • For Service prior to January 1, 2013, the Plan provides indexing at the rate of 1% per year on the basis of service between January 1, 1975 and December 31, 1992 and at the rate of 2% after January 1, 1993. The shared risk pension plan extinguishes all accrued rights to automatic future indexing. These automatic adjustments have been replaced by contingent indexing as permitted by the Funding Policy. • Under the shared risk model, initial required contributions are based on covered payroll (excluding overtime) and are 9% for employees and 12% for employees in International Association of Fire Fighters and the Saint John Police Association (subject to approval from the Canada Revenue Agency under the Income Tax Act). Members in public safety occupations who accept a non -union position will have a one -time opportunity to elect to continue to contribute at the higher rate. The employer will make initial matching contributions of 11.4% and 15.2 %, respectively, representing an average contribution rate of 13% of covered payroll. The initial contribution rates for both employee and employer may be subject to change as a result of the triggering mechanism and limitations imposed by the shared risk funding policy. Also, commencing April 1, 2013, the employer was also required to make temporary contributions of 17% of covered payroll (excluding overtime) that will cease in 15 years or when the Plan achieves a minimum funding level of 150% of liabilities using a 15 -year open group method. • Under shared risk, the vesting date is defined as the earlier of five years of continuous employment with the employer or two years of membership in the Plan. 142 The City of Saint John Shared Risk Plan 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Basis of presentation These financial statements are prepared on the going concern basis and present the aggregate net assets of the Plan as a separate financial reporting entity independent of the sponsor and plan members. They are prepared to assist in reviewing the activities of the Plan for the year ended December 31, 2014 but they do not portray the funding requirements of the Plan or the benefit security of individual Plan members. Basis of valuation of investment assets Investments are stated at market value, which approximates fair value, using published market valuations, where applicable, or market - related determinations. Pooled fund and earnings Certain of the Plan's investments are held via units of pooled funds. Income earned on these funds is retained within the fund and reflected as part of the current - period change in market values of investments. Market value approximates fair value. Foreign currency translation Investments denominated in United States [ "US "] dollars are translated at the year -end rate of exchange. Foreign exchange gains and losses are included as a component of the current - period change in market value of investments. Hedging The Plan utilizes currency hedges to offset market fluctuations in its investments denominated in US dollars. At year -end, the hedges are fair valued as an increase or decrease in the change in the market value of investments. 3. CASH AND SHORT -TERM DEPOSITS Cash 2014 2013 435,388 8,087,103 Notes and deposits 2,233,688 10,572,517 2,669,076 18,659,620 Z 143 The City of Saint John Shared Risk Plan 4. OTHER ASSETS 2014 2013 Accounts receivable - 20,153 HST receivable 41,833 17,159 Commitments - 1,367 41,833 38,679 5. FINANCIAL INSTRUMENTS The Plan's financial instruments consist of cash and short-term notes, accounts receivable, temporary and long -term investments, accounts payable and amounts due from related parties. All items except investments are recorded at cost which, due to their nature and short-term maturities, approximates fair value. The Plan is subject to financial risks as a result of its investment activities. These risks include market risk, credit risk and liquidity risk. The. Plan manages these financial risks in accordance with the New Brunswick Pension Benefits Act, applicable regulations, and the Plan's investment policies and procedures. The investments of the Plan are managed utilizing a balanced approach, where the Plan invests in bonds, stocks, pooled funds and real estate funds. Market risk Market risk is the risk that the fair value or future cash flows of an investment will fluctuate because of changes in market processes. In accordance with the Plan's policies, the Plan manages market risk by investing in diversified investments and by utilizing fund performance managers. Market risk consists of the following: (a) Foreign currency risk Foreign currency risk arises from investments that are denominated in foreign currencies. Fluctuations in the relative value of foreign currencies against the Canadian dollar can result in a positive or negative effect on the fair value of investments. As at December 31, 2014, the Plan has equity investments denominated in foreign currencies through investments of pooled funds and direct equities. The Plan utilizes currency hedges to minimize this risk to an approved percentage of these investments. As at December 31, 2014, the Plan has currency forward contracts to purchase $33,270,000 in US dollars at an average rate of 1.1505. 7 144 The City of Saint John Shared Risk Plan 5. FINANCIAL INSTRUMENTS (Continued) The Plan's underlying currency exposure in Canadian dollars consists of the following: Impact of I% absolute change in foreign exchange Fair value rates on net assets $ $ Foreign equities and pooled funds 115,852,501 1,158,525 Approximately 23% of the Plan's investment funds are invested in foreign securities. (b) Interest rate risk Interest rate risk refers to the effect on the fair value or future cash flows of an investment due to fluctuations in interest rates. The Plan's interest rate exposure arises from its investment in bonds and in fixed income pooled funds, where those funds have underlying investments in fixed income securities, which are all denominated in Canadian dollars. (c) Price risk Price risk is the risk that the fair value of an investment will fluctuate because of changes in market prices [other than those arising from foreign currency or interest rate risk], whether those changes are caused by factors specific to the individual investment or factors affecting all securities traded in the market. This applies to all of the Plan's investments. The following table demonstrates the sensitivity of the Plan's net assets to a 1% absolute change in the fair value of investments which are exposed to price risk: Impact of I% absolute change in fair value Fair value on net assets Total investments, at market 493,188,459 4,931,884 (d) Credit risk Credit risk on financial instruments is the risk of financial loss occurring as a result of default or insolvency of a counterparty on its obligations to the Plan. The Plan's exposure to credit risk is limited to its investments in bonds and fixed income pooled funds where those funds have underlying investments in debt securities. Approximately 26% of the Plan's investment funds are invested in debt securities. 145 The City of Saint John Shared Risk Plan 5. FINANCIAL INSTRUMENTS (Continued) (e) Liquidity risk Liquidity risk is the risk of being unable to settle or meet commitments as they come due. These commitments include payment of the Plan's pension obligations. Liquidity risk is managed by ensuring that the Plan invests in high quality investments which can be easily disposed of in an active market. 6. CONTRIBUTIONS 2014 2013 Employees Current service 6,109,560 5,921,603 Voluntary purchase of past service 118,250 188,599 6,227,810 6,1 1 0,202 The City of Saint John Current service 7,827,015 7,539,003 Voluntary purchase of past service 350,179 219,572 Temporary contributions 9,983,496 7,358,527 18,160,690 15,117,102 24,388,500 21,227,304 7. COMPARATIVE FIGURES The comparative financial statements have been reclassified from statements previously presented to conform to the presentation of the current year financial statements. 0 146 The City of Saint John Shared Risk Plan SCHEDULE OF ADMINISTRATIVE EXPENSES Year ended December 31 2014 2013 Investment management fees 1,669,570 1,721,094 Actuarial and consulting services 354,380 441,953 Legal fees 344,036 257,752 Administration fees paid to The City of Saint John 175,841 154,880 Performance measurement services 97,220 102,355 Insurance 92,095 79,685 Custodian fees 90,204 107,011 Other administrative expenses 61,755 34,868 2,885,101 2,899,598 [[o] 147 _r f �M 7""' L' Q 1450 Hickey Road Subdivision and Variances The City of Saint John Community Planning & Development Growth & Community Development Services I I ad C� . .. 44 R . r 00 "o a • , - ,a • r EA- BRUCELN H� Y Ron f rL m pC0 po �� IP, 150 A 151 152 rti or v !_ Jr� ., Y HICKEY. RD f y -�1• � tom'- �.t -'`4� ',ti � !r ��. Ar15 �1 153 154 r� A' 155 �-i t • recommend street vesting • grant lot dimension variances Community Planning &Development Growth &Community Development Services 158 • to assent to the proposed street vesting PLANNING ADVISORY COMMITTEE July 22, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Subdivision 1450 Hickey Road The City of Saint John The Planning Advisory Committee considered the attached report at its July 22, 2015 meeting. Mr. Curtis Langille, on behalf of the applicant, the City of Saint John, appeared to speak in support of the application and was in agreement with the Staff Recommendation contained in the report. No one else appeared to speak in support of or in opposition to the application, and no letters were received. After considering the application, the Committee adopted the recommendation as set out below. In considering the application, the Committee granted the following variances from the requirements of the Zoning By -law: 1) to reduce the minimum required lot area from 736 square metres to approximately 460 square metres; 2) to reduce the minimum required lot frontage from 26.2 metres to approximately 18.5 metres; and 3) to reduce the minimum required lot depth from 38.5 metres to approximately 26.5 metres. RECOMMENDATION: That Common Council assent to the attached photo- reduced subdivision plan titled Her Majesty the Queen in right of the Province of New Brunswick (Dept. Transportation and Infrastructure) with respect to the vesting of five parcels of land having a total area of approximately 2,705 square metres as part of the Page 1 of 2 160 City of Saint John 1450 Hickey Road July 22, 2015 Hickey Road public street right -of -way as well as any required municipal services easements. Respectfully submitted, Eric Falkjar Chair Attachments Page 2 of 2 161 The City of Saint John Date: To: July 17, 2015 Planning Advisory Committee From: Community Planning & Development Growth & Community Development Services For: Meeting of Tuesday, July 21, 2015 SUBJECT Applicant: Owner: Location: PID(s): Plan Designation: Existing Zoning: Application Type: Jurisdiction: City of Saint John (c /o Curtis Langille) New Brunswick Department of Transportation and Infrastructure (DTI) 1450 Hickey Road 55007405, 55058622, 55058614, 55225627 and portions of 55209324 Major Community Facility Major Community Facility (CFM) Subdivision and Variances The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council concerning the vesting of a public street in conjunction with the subdivision of land. The Act also authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By -law. The Committee can impose conditions. Page 1 of 5 162 City of Saint John 1450 Hickey Road July 17, 2015 SUMMARY The City of Saint John is in the process of acquiring five parcels of land to be added to the Hickey Road public street right -of -way in order to facilitate the installation of new water mains as part of the City's Safe, Clean Drinking Water Project. Four of the five parcels were created in 1979 for the purpose of being added to Hickey Road. It is unclear why this didn't occur at the time, but the current proposal would resolve this issue in addition to facilitating this phase of the Safe, Clean Drinking Water Project. A fifth parcel is required along the south side of Hickey Road to accommodate the installation of the water mains, which need to be routed around the existing culverts that pass below the street. Given the projects connection to the Safe, Clean Drinking Water Project, as well as the fact that four of the five parcels should have already been vested as part of the Hickey Road right -of- way, the proposed street vesting can be recommended for the assent of Common Council. While the creation of the fifth parcel would further reduce the size of the already undersized parent lot, the resulting lot dimension variances can be considered appropriate given that the remnant lot would be utilized for the purposes of a fish weir required by the Federal Department of Fisheries and Oceans. RECOMMENDATION 1) That Common Council assent to the attached photo- reduced subdivision plan titled Her Majesty the Queen in right of the Province of New Brunswick (Dept. Transportation and Infrastructure) with respect to the vesting of five parcels of land having a total area of approximately 2,705 square metres as part of the Hickey Road public street right -of -way as well as any required municipal services easements. 2) That the Planning Advisory Committee grant the following variances to further reduce: a) the minimum required lot area from 736 square metres to approximately 460 square metres; b) the minimum required lot frontage from 26.2 metres to approximately 18.5 metres; and c) the minimum required lot depth from 38.5 metres to approximately 26.5 metres. ANALYSIS Proposal The applicant, on behalf of the City of Saint John, is proposing to acquire five parcels from the Provincial Department of Transportation and Infrastructure (DTI) which would be vested with the Hickey Road public street right -of -way. The purpose of the conveyance is primarily to allow the installation of two water mains as part of the City's Safe, Clean Drinking Water Project. However, in order to be routed around the existing culverts where the road crosses Little River, the City requires a widening of the Hickey Road right -of -way (see attached tentative subdivision plan). Page 2 of 5 163 City of Saint John 1450 Hickey Road July 17, 2015 The conveyance would result in the further reduction of an existing substandard -sized parcel owned by DTI. However, as part of the Hickey Road reconstruction, it is proposed to construct a type of fish ladder referred to as a "fish weir" on the remnant property' in order to meet the requirements of the Federal Department of Fisheries and Oceans. The use of the parcel would be limited to this purpose. Site and Neighbourhood The subject site is located between the Loch Lomond Road / Hickey Road intersection and the entrance to Simonds High in the City's East Side, more specifically where Little River runs below Hickey Road. To the west of the site is a commercial node anchored by the Home Hardware retail store while the aforementioned high school site is located to the southeast. To the northeast of the site is primarily undeveloped until the small strip mall and apartment tower complex. The site itself is comprised of four existing parcels which were acquired by DTI in 1979 for the purposes of being added to the public street right -of -way. For unknown reasons, this vesting never occurred. A fifth parcel, which would also vest as part of the public street network, would be created along the south side of Hickey Road, to be severed from an undeveloped lot owned by DTI. Street Vesting In order for the subject parcels to vest with the City as a public street, the Community Planning Act requires the Planning Advisory Committee to provide a recommendation to Common Council for its consideration. In the present instance, the parcels are intended to facilitate the installation of new water mains as part of Council's Safe, Clean Drinking Water Project. In addition, four of the five parcels already function as part of the street network and were intended to vest as such in 1979. Consequently, in light of the above, approval of the proposed street vesting can be recommended. Subdivision and Variances The location of the proposed water mains is such that the City needs to acquire, in addition to the four parcels created by DTI in 1979, a portion of PID 55209324. This lot is considered undersized based on the current standards of the Zoning By -law and would have its dimensions further reduced as a result of the proposed parcel exchange. In order to accommodate the proposed subdivision, the following variances are necessary to further reduce: ' When the application was received, there was insufficient detail provided to determine if the "fish weir" met the definition for a minor utility service structure, and the proposal was circulated indicating that the Committee would be considering the fish weir as a similar or compatible use. Since that time, additional detail was provided such that the fish weir can be considered a minor utility service structure and approval by the Committee will not be required. Page 3 of 5 164 City of Saint John 1450 Hickey Road July 17, 2015 1) the minimum required lot area from 736 square metres to approximately 460 square metres; 2) the minimum required lot frontage from 26.2 metres to approximately 18.5 metres; and 3) the minimum required lot depth from 38.5 metres to approximately 26.5 metres. The parent parcel is owned by DTI and it is intended to utilize the remnant lot for a "fish weir ", as illustrated on the attached site plan. Given the proposed use of the property, the reduced lot dimensions can be considered appropriate and the variances can therefore be supported. Conclusion The proposed street vesting would support Council's Safe, Clean Drinking Water Project by facilitating the installation of new water mains. Although lot dimension variances would be required for the remnant lot, these can be supported given the intended use of the lot for a "fish weir ". As such, the proposed street vesting can be recommended and the necessary variances can be supported. ALTERNATIVES AND OTHER CONSIDERATIONS To ensure that the remnant lot is not utilized for other purposes, the Committee may choose to impose a condition that the use of the remnant lot be limited to a "fish weir" and that a notation to this effect be placed on the final subdivision plan. ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on June 30, 2015. SIGNATURES AND CONTACT Prepared by: Patrick Foran Planning Officer Contact: Patrick Foran Phone: 506.649.6074 E -mail: patrick.foran @saintjohn.ca Project: 15 -102 Approved by: Stacey Forfar, MBA, MCIP, RPP Deputy Commissioner Page 4 of 5 165 City of Saint John 1450 Hickey Road July 17, 2015 APPENDIX Map 1: Site Location Map 2: Zoning Map 3: Aerial Photography Map 4: Site Photography Submission 1: Tentative Subdivision Plan Submission 2: Site Plan Page 5 of 5 166 O hmo cn ef� , C- 0 � rh 3 U' r 0 �o x CD MIL o m Q. m � •ydo Em -- f� R�FTT R� - �• 0 2 L� �O IrO Cy �o �o Za �a t (D �1 C) . °�o 4-\ m ,`-7< (--- cn m m NM ° 3 CTI :3 .■ ** I rTfT Em -- f� R�FTT R� - �• 0 2 L� �O IrO Cy �o �o Za �a t zr �CD �n CD �o c �cn CO. : W� o n n n L7 n 177 7 W c n m Z 0 in 0 G) v � n n♦ h c m C m m o a �-� O v o o o E 3 � a 3 3 L CD 3 m m ON �O 3 4:h O (� (D (D O ' 2) Q zr �CD �n CD �o c �cn CO. : W� o n n n L7 n 177 7 W c n m Z 0 in 0 G) v WR-0 i A, zT o CD vn f C- 0 i U) v w� �C- N U1 0 Cn � 1 WR-0 i A, f i 0 ♦ /1 o O r■F O h M w o o L O m O � r IL o O 0 OO MM cn n � � � (D CD � �� O 2) CL zT CD (D O .. —h L cl) C v W L � O U1 170 O 0 Z O zT cn m O m 0 v 0 O N cn O O Q CD O n CD O v Q I t \ Q� \ Eli lok- I v - n m \ J c� 3 \ a \s,�r Io P+ Am I i£ I I8 J' 0 a =sµ u D Q D Lo y q m � � wm uonn ve yr li I OG o t C ? j .O+O O - k a �• e N� um l Z'i'°' CD a�O N m W C FO D � >a c o mmo °vP oCmwmemuP < z z � 3 sm _ o J v ° m f m s CD �8 » =a zai zC9cac�a�aao rrr u44zz zziz 3 3 3' 4 ♦\ ..\m�x.b. \s�s�.o\wc.\s�s�.o wo u.n .r. � •. ca wis � .zs� w 172 RE: Mardi Gras for MindCare Street Closure Mayor Mel Norton & Members of Saint John Common Council, On Wednesday August 12th, Bourbon Quarter is hosting Sweet Crude, a seven -piece ensemble cajun group from New Orleans as part of a fundraiser entitled "Mardi Gras for MindCare ". One significant part of the group's musical aesthetic is that its lyrics are written partly in English, partly in Cajun French. The event will feature an eclectic mix of New Orleans themed food, music & fun with proceeds benefiting MindCare New Brunswick. Admission to the event will be free of charge & open to the general public_ As part of the event plans, Bourbon Quarter hopes to close Prince William Street to vehicle traffic from the corner of Princess Street to the corner of Grannan Street from 5pm to 11pm on the evening of August 12th (Princess & Grannan Streets will both remain open to traffic). The Bourbon Quarter patio on Prince William Street will act as the performance stage with audience viewing on the street. The event team has worked with Sgt. Jeff La France of the Saint John City Police to ensure that written permission has been granted from all storefront businesses affected along Prince William Street. Bourbon Quarter is currently working with provincial regulators on the possibility of serving alcoholic beverages on Prince William Street. We understand that any liquor licensing will be granted by the province however. Bourbon Quarter is seeking endorsement of the event from Saint John Common Council for the street closure including the possibility that alcohol may be served at the event under the rules & regulations of the Province of New Brunswick. We are hopeful that Saint John Common Council will see the potential to bring added activity & energy to Prince William Street and invite all city residents to the musical event on August 12tH Please do not hesitate to contact us with any questions, ideas or concerns you may have, Shawn Verner Bourbon Quarter 112 Prince William Street shawnvernerl9 @email.com Craig Allen Craig Allen Agency 3 Duke Street 506- 333 -9675 info @craieallen.ca /l: f / / 'j, / 'A 173 RE: k1lardi Gras for MindUre Street Closure Prince William Street Business Owner, On Wednesday August 12th, Bourbon Quarter is hosting Sweet Crude, a seven -piece ensemble cajun group from New Orleans as part of a fundraiser entitled "Mardi Gras for MindCare ". One significant part of the group's musical aesthetic is that its lyrics are written partly in English, partly in Cajun French. The event will feature an eclect;c mix of New Orleans themed food, music & fun with proceeds benefitting MindCare New Brunswick. Admission to the event will be free of charge & open to the general public. As part of the event plans, Bourbon Quarter hopes to close Prince William Street to vehicle traffic from the corner of Princess Street to the corner o; Grannan Street from Spm to 11pm on the evening of. August 12th (Princess & Grannan Streets will both remain open to traffic). The Bourbon Quarter patio on Prince William Street will act as the performance stage with audience viewing (& dancing!) on the street. Bourbon Quarter is currently working with prov ?ncial regulators on the possibility of serving alcoholic beverages on Prince William Street during the the event as well. Bourbon Quarter is currently seeking written endorsement of the event from fellow Prince William Street businesses as we request the City of Saint John for the street closure. We are hopeful that our colleagues & neighbours will see the potential to bring added activity & energy to Prince William Street and we encourage you to get involved in the event that evening by staying opening later, street vending and any other idea you feel could add to the atmosphere. Please do not sitate to contact me with any questions, ideas or concerns you may have, Shawn Verner Bourbon Quarter 112 Prince William Street shawnvernerl9 @gmail.com YES! We support the street closure of Prince William Street to vehicle traffic for the Mardi Gras for MindCare fundraiser on August 12th 2015 from 5pm to 11pni. Business Name: �h x _ �r� r-�.e -'foc:" J c Principal Name:�.� c Signature: - ---, 174 RE: Merd! Gras for N41rdCare Stretat Vcsurr Prince William Street Business Owner, On Wednesday August 12th, Bourbon Quarter is hosting Sweet Crude, a seven -piece ensemble cajun group front New Orleans as part of a fundraiser entitled "Mardi Gras for MindCare ". One significant part of the group's musical aesthetic is that its lyrics are written partly in English, partly in Cajun French. The event will feature an eclectic mix of New Orleans themed food, music & fun with proceeds benefitting MindCare New Brunswick. Admission to the event will be free of charge & open to the general public. As part of the event plans, Bourbon Quarter hopes to close Prince William Street to vehicle traffic from the corner of Princess Street to the corner of Grannan Street from 5pm to llpm on the evening of August 12th (Princess & Grannan Streets will both remain open to traffic). The Bourbon Quarter patio on Prince William Street will act as the performance stage with audience viewing (& dancing!) on the street. Bourbon Quarter is currently working with provincial regulators on the possibility of serving alcoholic beverages on Prince William Street during the the event as well. Bourbon Quarter is currently seeking written endorsement of the event from fellow Prince William Street businesses as we request the City of Saint John for the street closure. We are hopeful that our colleagues & neighbours will see the potential to bring added activity & energy to Prince William Street and we encourage you to get involved in the event that evening by staying opening later, street vending and any other idea you feel could add to the atmosphere. Please do not hesitate to contact me with any questions, ideas or concerns you may have, l Sha rner Bourbon Quarter 112 Prince William Street shawnvernerl9 @gmail.com YES! We support the street closure of Prince William Street to vehicle traffic for the Mardi Gras for MindCare fundraiser on August 12th 2015 from 5pm to 11pm. Business Name: �V c Principal Name: W — 175 RE: Mardi Gras for PAIndCare Street Cosure Prince William Street Business Owner, On Wednesday August 12th, Bourbon Quarter is hosting Sweet Crude, a seven -piece ensemble cajun group from New Orleans as part of a fundraiser entitled "Mardi Gras for MindCare ". One significant part of the group's musical zesthetic is that its lyrics are written partly in English, partly in Cajun French. The event will feature an eclectic mix of New Orleans themed food, music & fun with proceeds benefitting MindCare New Brunswick. Admission to the event will be free of charge & open to the general public. As part of the event plans, Bourbon Quarter hopes to close Prince William Street to vehicle traffic from the corner of Princess Street to the corner of Grannan Street from Spm to 11pm on the evening of August 12th (Princess & Gidnnan Streets will boih remain often to irafiic). The Bourbon Quarter patio on Prince William Street will act as the performance stage with audience viewing (& dancing!) on the street. Bourbon Quarter is currently working with provincial regulators on the possibility of serving alcoholic beverages on Prince William Street during the the event as well. Bourbon Quarter is currently seeking written endorsement of the event from fellow Prince William Street businesses as we request the City of Saint John for the street closure. We are hopeful that our colleagues & neighbours will see the potential to bring added activity & energy to Prince William Street and we encourage you to get involved in the event that evening by staying opening later, street vending and any other idea you feel could add to the atmosphere. Please do not hesitate to contact me with any questions, ideas or concerns you may have, Shawn Verner Bourbon Quarter 112 Prince William Street shawnvernerl9 @gmaii.com YES! We support the street closure of Prince Widiam Street to vehicle traffic for the Mardi Gras for MindCare fundraiser on August 12th 2015 from 5pm to 11pm. Business Name: u c Principal Name: Signature: 176 RE: Mardi Gras for MindCare Street Closure Prince William Street Business Owner, On Wednesday August 12th, Bourbon Quarter is hosting Sweet Crude, a seven -piece ensemble cajun group from New Orleans as part of a fundraiser entitled "Mardi Gras for MindCare ". One significant part of the group's musical aesthetic is that its lyrics are written partly in English, partly in Cajun French. The event will feature an eclectic mix of New Orleans themed food, music & fun with proceeds benefitting MindCare New Brunswick. Admission to the event will be free of charge & open to the general public. As part of the event plans, Bourbon Quarter hopes to close Prince William Street to vehicle traffic from the corner of Princess Street to the corner of Grannan Street from 5pm to lipm on the evening of August 12th (Princess & Grannan Streets will both remain open to traffic). The Bourbon Quarter patio on Prince William Street will act as the performance stage with audience viewing (& dancing!) on the street. Bourbon Quarter is currently working with provincial regulators on the possibility of serving alcoholic beverages on Prince William Street during the the event as well. Bourbon Quarter is currently seeking written endorsement of the event from fellow Prince William Street businesses as we request the City of Saint John for the street closure. We are hopeful that our colleagues & neighbours will see the potential to bring added activity & energy to Prince William Street and we encourage you to get involved in the event that evening by staying opening later, street vending and any other idea you feel could add to the atmosphere. Please do not hesitate to contact me with any questions, ideas or concerns you may have, Shawn Verner Bourbon Quarter 112 Prince William Street shawnvernerl9 @gmail.com YES! We support the street closure of Prince William Street to vehicle traffic for the Mardi Gras for MindCare fundraiser on August 12th 2015 from 5pm to 11pm. Business Name: 1 tt, Principal Name: V�i'7 r Signature: 177 RE: Mardi G.-as for P.RindCare St; eet Closure Prince William Street Business Owner, On Wednesday August 12th, Bourbon Quarter is hosting Sweet Crude, a seven -piece ensemble cajun group from New Orleans as part of a fundraiser entitled "Mardi Gras for MindCare ". One significant part of the group's musical aesthetic is that its lyrics are written partly in English, partly in Cajun French. The event will feature an eclectic mix of New Orleans themed food, music & fun with proceeds benefitting MindCare New Brunswick. Admission to the event will be free of charge & open to the general public. As part of the event plans, Bourbon Quarter hopes to close Prince William Street to vehicle traffic from the corner of Princess Street to the corner of Grannan Street from Spm to 11pm on the evening of August 12th (Princess & Grannan Streets will both remain open to traffic). The Bourbon Quarter patio on Prince William Street will act as the performance stage with audience viewing (& dancing[) on the street. Bourbon Quarter is currently working with provincial regulators on the possibility of serving alcoholic beverages on Prince William Street during the the event as well. Bourbon Quarter is currently seeking written endorsement of the event from fellow Prince William Street businesses as we request the City of Saint John for the street closure. We are hopeful that our colleagues & neighbours will see the potential to bring added activity & energy to Prince William Street and we encourage you to get involved in the event that evening by staying opening later, street vending and any other idea you feel could add to the atmosphere_ Please do not hesitate to contact me with any questions, ideas or concerns you may have, Sh n erner Bourbon Quarter 112 Prince William Street shawnvernerl9 @gmail.com YES! We support th.- street closure of Prince William Street to vehicle traffic for the Mardi Gras for MindCare fundraiser on August 12th 2015 from Spm to 11pm. Business Name: t -A 4VI ! I Prncipal Name: f � �� `�P `� Signature: 178 : Mucci Gras for i�JiindCa a Street Closure Prince William Street Business Owner, On Wednesday August 12th, Bourbon Quarter is hosting Sweet Crude, a seven -piece ensemble cajun group from New Orleans as part of a fundraiser entitled "Mardi Gras for MindCare ". One significant part of the group's musical aesthetic is that its lyrics are written partly in English, partly in Cajun French. The event will feature an eclectic mix of New Orleans themed food, music & fun with proceeds benefitting MindCare New Brunswick. Admission to the event will be free of charge & open to the general public. As part of the event plans, Bourbon Quarter hopes to close Prince William Street to vehicle traffic from the corner of Princess Street to the corner of Grannan Street from 5pm to 11pri on the evening of August 12th (Princess & Grannan Streets will both remain open to traffic). The Bourbon Quarter patio on Prince William Street will act as the performance stage with audience viewing (& dancing!) on the street. Bourbon Quarter is currently working with provincial regulators on the possibility of serving alcoholic beverages on Prince William Street during the the event as well. Bourbon Quarter is currently seeking written endorsement of the event from fellow Prince William Street businesses as we request the City of Saint John for the street closure. We are hopeful that our colleagues & neighbours will see the potential to bring added activity & energy to Prince William Street and we encourage you to get involved in the event that evening by staying opening later, street vending and any other idea you feel could add to the atmosphere. Please do not hesitate to contact me with any questions, ideas or concerns you may have, Shawn Verner Bourbon Quarter 112 Prince William Street shawnvernerl9 @gmail.com YES! We support the street closure of Prince William Street to vehicle traffic for the Mardi Gras for MindCare fundraiser on August 12th 2015 from Spm to 11pm. Business Name: r& Utio/ Principal Name: t Signature: 179 RE: Mardi ;eras for klindCare Street Closure Prince William Street Business Owner, On Wednesday August 12th, Bourbon Quarter is hosting Sweet Crude, a seven -piece ensemble cajun group from New Orleans as part of a fundraiser entitled "Mardi Gras for MindCare ". One significant part of the group's musical aesthetic is that its lyrics are written partly in Engl'ssh, partly in Cajun French. The event will feature an eclectic mix of New Orleans themed food, music & fun with proceeds benefitting MindCare New Brunswick. Admission to the event will be free of charge & open to the general public. As part of the event plans, Bourbon Quarter hopes to close Prince William Street to vehicle traffic from the corner of Princess Street to the corner of Grannan Street frcm 5pm to 11pm on the evening of August 12th (Princess & Grannan Streets will both remain open to traffic). The Bourbon Quarter patio on Prince William Street will act as the performance stage with audience viewing (& dancing!) on the street. Bourbon Quarter is currently working w :th provincial regulators on the possibility of serving alcoholic beverages on Prince William Street during the the event as well. Bourbon Quarter is currently seeking written endorsement of the event from fellow Prince William Street businesses as we request the City of Saint John for the street closure. We are hopeful that our colleagues & neighbours will see the potential to bring added activity & energy to Prince William Street and we encourage you to get involved in the event that evening by staying opening later, street vending and any other idea you feel could add to the atmosphere. Please do not hesitate to contact me with any questions, ideas or concerns you may have, ShL ne" r Bourbon Quarter 112 Prince William Street shawnvernerl9 @gmail.com YES! We support the street closure of Prince William St. eet to vehicle traffic for the Mardi Gras for klindCare fundraiser on August 12th 2015 from 5pm to 11pm. Business Name:_; Principal Name: Signature: 4� FT: klarai Gras for MindCare Street Closure Prince William Street Business Owner, On Wednesday August 12th, Bourbon Quarter is hosting Sweet Crude, a seven -piece ensemble cajun group from New Orleans as part of a fundraiser entitled "Mardi Gras for MindCare ". One significant part of the group's musical aesthetic is tha its lyrics are written partly in English, partly in Cajun French. The event will feature an eclectic mix of New Orleans themed food, music & fun with proceeds benefitting MindCare New Brunswick. Admission to the event will be free of charge & open to the general public. As part of the event plans, Bourbon Quarter hopes to close Prince William Street to vehicle traffic from the corner of Princess Street to the corner of Grannan Street from Spm to 11pm on tale evening of August 12th (Princess & Grannan Streets will both remain open to traffic). The Bourbon Quarter patio on Prince William Street will act as the performance stage with audience viewing (& dancing!) on the street. Bourbon Quarter is currently working with provincial regulators on the possibility of serving alcoholic beverages on Prince William Street during the the event as well. Bourbon Quarter is currently seeking written endorsement of the event from fellow Prince William Street businesses as we request the City of Saint John for the street closure. We are hopeful that our colleagues & neighbours will see the potential to bring added activity & energy to Prince William Street and we encourage you to get involved in the event that evening by staying opening later, street vending and any other idea you feel could add to the atmosphere. Please do pot hesitate to contact me with any questions, ideas or concerns you may have, XnerSh V Bourbon Quarter 112 Prince William Street shawnvernerl9 @gmail.com YES! We support the street closure of Prince William Street to vehicle traffic for the Mardi Gras for MindCare fundraiser on August 12th 2015 from Spm to 11pm. Business Name: GL� [mss f Principal Name. ��eoo Y Signature: 62:i Z� 181 RE: Mardi Gras for i %,lindCare Street Closure Prince William Street Business Owner, On Wednesday August 12th, Bourbon Quarter is hosting Sweet Crude, a seven -piece ensemble cajun group from New Orleans as part of a fundraiser entitled "Mardi Gras for MindCare ". One significant part of the group's musical aesthetic is that its lyrics are written partly in English, partly in Cajun French. The event will feature an eclectic mix of New Orleans themed food, music & fun with proceeds benefitting MindCare New Brunswick. Admission to the event will be free of charge & open to the general public. As part of the event plans, Bourbon Quarter hopes to close Prince William Street to vehicle traffic from the corner of Princess Street to the corner of Grannan Street from 5pm to 11pm on the evening of August 12th (Princess & Grannan Streets will both remain open to traffic). The Bourbon Quarter patio on Prince William Street will act as the performance stage with audience viewing (& dancing!) on the street. Bourbon Quarter is currently working with provincial regulators on the possibility of serving alcoholic beverages on Prince William Street during the the event as well. Bourbon Quarter is currently seeking written endorsement of the event from fellow Prince William Street businesses as we request the City of Saint John for the street closure. We are hopeful that our colleagues & neighbours will see the potential to bring added activity & energy to Prince William Street and we encourage you to get involved in the event that evening by staying opening later, street vending and any other idea you feel could add to the atmosphere. Please do no esitate to contact me with any questions, ideas or concerns you may have, Shawn Verner Bourbon Quarter 112 Prince William Street shawnvernerl9 @gmail.com YES! We support the street closure of Prince William Street to vehicle traffic for the Mardi Gras for MindCare fundraiser on August 12th 2015 from 5pm to 11pm. r Business Name: 0 ca-k-g- Principal Name: �>< r) Signature: ; 182 r E: Mardi Gi-ai fer MindCare Strut Ciesure Prince Wiiiiam Street Business Owner, On Wednesday August 12th, Bourbon Quarter is hosting Sweet Crude, a seven -piece ensemble cajun group from New Orleans as part of a fundraiser entitled "Mardi Gras for MindCare ". One significant part of the group's musical aesthetic is that its lyrics are written partly in English, partly in Cajun French. The event will feature an eclectic mix of New Orleans themed food, music & fun with proceeds benefitting MindCare New Brunswick. Admission tc the event will be free of charge & open to the general public. As part of the event plans, Bourbon Quarter hopes to close Prince William Street to vehicle traffic from the corner of Princess Street to the corner of Grannan Street from 5pm to llpm on the evening of August 12th (Princess & Grannan Streets will both remain open to traffic). The Bourbon Quarter patio on Prince William Street wi!I act as the performance stage with audience viewing (& dancing!) on the street. Bourbon Quarter is currently working with provincial regulators on the possibility of serving alcohclic beverages on Prince William Street during the the event as well. Bourbon Quarter is currently seeking written endorsement of the event from fe;low Prince William Street businesses as we request the City of Saint John for the street closure. We are hopeful that our colleagues & neighbours will see the potential to bring added activity & energy to Prince William Street and we encourage you to get involved in the event that evening by staying opening later, street vending and any other idea you feel could add to the atmosphere. Please do not hesitate to contact me with any questions, ideas or concerns you may have Shawn Verner Bourbon Quarter 112 Prince William Street shawnvernerl9 @gmail.com YES! We support the street closure of Prince William Street to vehicle traffic for the Mardi Gras for MindCare fundraiser on August 12th 2015 from 5pm to 11pm. Business Name: c1 k, , � N,r - a -, �, Principal Name: A.r-F VL-f - vv-cl Signature: 0, U L-11 183 RE: Mi2rd! Gras for i.4,'ndCare Street Closure Prince William Street Business Owner, On Wednesday August 12th, Bourbon Quarter is hosting Sweet Crude, a seven -piece ensemble cajun group from New Orleans as part of a fundraiser entitled "Mardi Gras for MindCare ". One significant part of the group's musical aesthetic is that its lyrics are written partly in English, partly in Cajun French. The event will feature an eclectic mix of New Orleans themed food, music & fun with proceeds benefitting MindCare New Brunswick. Admission to the event will be free of charge & open to the general public. As part of the event plans, Bourbon Quarter hopes to close Prince William Street to vehicle traffic from tFle corner of Princess Street to the corner of Grannan Street from 5pm to 11pm on the evening of August 12th (Princess & Grannan Streets will both remain open to traffic). The Bourbon Quarter patio on Prince William Street will act as the performance stage with audience viewing (& dancing!) on the street. Bourbon Quarter is currently working with provincial regulators on the possibility of serving alcoholic beverages on Prince William Street during the the event as well. Bourbon Quarter is currently seeking written endorsement of the event from fellow Prince William Street businesses as we request the City of Saint John for the street closure. We are hopeful that our colleagues & neighbours will see the potential to bring added activity & energy to Prince William Street and we encourage you to get involved in the event that evening by staying opening later, street vending and any other idea you feel could add to the atmosphere. Please do not hesitate to contact me with any questions, ideas or concerns you may have, Y Shaw V er Bourbon Quarter 112 Prince William Street shawnvernerl9 @gmail.com YES! We support the street closure of Prince William Street to vehicle traffic for the Mardi Gras for MindCare fundraiser on August 12th 2015 from Spm to 11pm. Business Name: Principal Name: Signature: 184 RE: Marc'! Gras for MindCc Street Closure Prince William Street Business Owner, On Wednesday August 12th, Bourbon Quarter is hosting Sweet Crude, a seven -piece ensemble cajun group from New Orleans as part of a fundraiser entitled "Mardi Gras for MindCare ". One significant part of the group's musical aesthetic is that its lyrics are written partly in English, partly in Cajun French. The event will feature an eclectic mix of New Orleans themed food, music & fun with proceeds benefitting MindCare New Brunswick. Admission to the event will be free of charge & open to the general public. As ;part of the event plans, Bourbon Quarter hopes to close Prince William Street to vehicle traffic from the correr of Princess Street to the corner of Grannan Street from 5pm to 11pm on the evening of August 12th (Princess & Grannan Streets will both remain open to traffic). The Bourbon Quarter patio on Prince William Street will act as the performance stage with audience viewing (& dancing!) on the street. Bourbon Quarter is currently working with provincial regulators on the possibility of serving alcoholic beverages on Prince William Street during the the event as well. Bourbon Quarter is currently seeking written endorsement of the event from fellow Prince William Street businesses as we request the City of Saint John for the street closure. We are hopeful that our colleagues & neighbours will see the potential to bring added activity & energy to Prince William Street and we encourage you to get involved in the event that evening by staying opening later, street vending and any other idea you feel could add to the atmosphere. Please do not hesitate to contact me with any questions, ideas or concerns you may have, S wn Verner Bourbon Quarter 112 Prince William Street shawnvernerl9 @gmaii.com YES! We support the street closure of Prince William Street to vehicle traffic for the Mardi Gras for MindCare fundraiser on August 12th 2015 from 5pm to 11pm. Business Name. Principal Name l k_�� Signatu 185 RE: Mardi Gas for iVOMCEI °e Street Closure Prince William Street Business owner, On Wednesday August 12th, Bourbon Quarter is hosting Sweet Crude, a seven -piece ensemble cajun group from New Orleans as part of a fundraiser entitled "Mardi Gras for MindCare ". One significant part of the group's musical aesthetic is that its lyrics are written partly in English, partly in Cajun French. The event will feature an eclectic mix of New Orleans themed food, music & fun with proceeds benefitting MindCare New Brunswick. Admission to the event will be free of charge & open to the general public. As part of the event plans, Bourbon Quarter hopes to close Prince William Street to vehicle traffic from the corner of Princess Street to the corner of Grannan Street from 5pm to 11pm on the evening of August 12th (Princess & Grannan Streets will both remain open to traffic). The Bourbon Quarter patio on Prince William Street will act as the performance stage with audience viewing (& dancing!) on the street. Bourbon Quarter is currently working with provincial regulators on the possibility of serving alcoholic beverages on Prince William Street during the the event as well. Bourbon Quarter is currently seeking written endorsement of the event from fellow Prince William Street businesses as we request the City of Saint John for the street closure. We are hopeful that our colleagues & neighbours will see the potential to bring added activity & energy to Prince William Street and we encourage you to get involved in the event that evening by staying opening later, street vending and any other idea you feel could add to the atmosphere.. Please do111not hesitate to contact me with any questions, ideas or concerns you may have, f Sh n Verner Bourbon Quarter 112 Prince William Street shawnvernerl9 @gmaii.com YES! We support the street closure of Prince William Street to vehicle traffic for the Mardi Gras for MindCare fundraiser on August 12th 2015 from 5pm -o 11pm. Business Name: Principal Name: �) Y r - Signature: :. Collins, Julie From: Ouellette, Annie S. {DH /MS} <Annie.Ouellette @gnb_ca> Sent: July -22 -15 10:57 AM To: Collins, Julie Subject: Saint John as Breastfeeding Friendly Community To Mayor and Council, Subject: Proclaiming the City of Saint John as a Breastfeeding Friendly Community Presenters: Public Health Nurse and Dietitian. Breastfeeding is a highly effective way to protect the health of infants, mothers and overall communities. Evidence based research by the World Health Organization has provided us with data regarding the important role breastfeeding plays in preventing obesity, diabetes, asthma and many other common childhood illnesses. While New Brunswick's breastfeeding initiation rate has increased, the rate of breastfed infants at six months continues to fall short compared to the national average. Recently in New Brunswick, various municipalities have eagerly proclaimed themselves as a "Breastfeeding Friendly Community ". An example is the Town of Quispamsis. We have attached a link from their website which includes the bilingual logo "Breastfeeding is Encouraged Here" . Horizon Health Network's Public Health division is interested in providing the Mayor and Council with a presentation, approximately 15 minutes, regarding the benefits and impact breastfeeding has on a community. Public Health's goal is to designate your city to as a "Breastfeeding Friendly Community" by supporting breastfeeding families in Saint John. We are interested in presenting August 17's council meeting. Further instructions with regards to the council process would be appreciated. Thank you, Annie Ouellette Registered Nurse / Infirmi6re Immatricu16e Horizon Health Network / R6seau de sant6 Horizon (506) 643 -6940 annie.ouellette @gnb.ca www. Horizon N B.ca Horizon 187 REPORT TO COMMON COUNCIL M &C2015 -162 July 29, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Provincially Designated Highways Proposed Five -Year Capital Improvement Program (2016 -2020) PURPOSE The city of Saw john The purpose of this report is to present for Council's approval a proposal for a Five -Year Capital Improvement Program (2016 -2020) for Provincially Designated Highways. BACKGROUND The City of Saint John annually submits a proposed Five -Year Capital Improvement Program to the Department of Transportation to fund renewals and upgrades on Provincially Designated Highways (PDH) and Regionally Designated Highways (RDH) within City limits. The Province has a limited budget for 102 New Brunswick municipalities under this Program. Upon consideration and approval by Council, the proposed program is presented to the Provincial Department of Transportation for the Minister's consideration. The Province has committed to providing increased overall funding levels by $25,000,000 in funding for PDH /RDH reconstruction and asphalt resurfacing activities in each year from 2015 to 2018. The City of Saint John will benefit from this program by recovering 50% of asphalt resurfacing project expenses. At the end of construction season each year, the City submits invoices to the Province for all work completed on PDHIRDH roads for consideration. In 2015, the City will make a submission for asphalt resurfacing work on Fairville Boulevard between Simms Corner and Harding Street, Main Street north between Chesley Drive to the Viaduct and between the Viaduct and Union Street, Somerset Street between Paradise Row and Barker Street and Station Street between Smythe Street and City Road. .. PDH 5 Year Capital Improvement Program July 29, 2015 Report to Common Council, M & C 2015 - 162 page 2 ANALYSIS Attached is the proposed Provincially Designated Highways Five -Year Capital Improvement Program submission for the period 2016 to 2020. While the City of Saint John maintains ownership and responsibility for Provincial and Regional Designated Highways running through the city, the Province of New Brunswick maintains control of these roads through the Highway Act resulting in an ongoing partnership. In 2015, the Province has contributed $300,000 plus non - recoverable HST for asphalt resurfacing along Loch Lomond Road, Rothesay Road, Sandy Point Road and Kennebecasis Drive that was completed in the 2014 construction season. The value of this work was approximately $793,875. Global Preventive (Maintenance Resurfacing) - The 2015 asphalt resurfacing effort on PDH/RDH roads includes approximately 9.46 lane kilometers at an estimated cost of $587,000.00. Year Street From To Lane -Km 2015 Fairville Boulevard Simms Corner Harding Street 0.87 2015 Main Street North Chesiey Street Union St. (excluding 3.46 Viaduct) 2015 Somerset Street Paradise Row Barker Street 2.17 2015 Station Street Smythe Street City Road 2.96 PDH /RDHsurface condition - The 77.36 lane- kilometres of PDH/RDH streets are expected to be in an acceptable condition by 2016 although it must be emphasized that the street sections identified in this Capital Improvement Program from 2016 to 2020 for asphalt resurfacing should be completed prior to requiring total street reconstruction at five times the cost of resurfacing. King Street West is currently listed within the SJ Water and Transportation Capital Program for reconstruction at a future date (later than 2020). This project will proceed if it is the highest priority with available funding. The Simms Corner Corridor ( Fairville Boulevard from Bleury Street to Simms Corner, Simms Comer and Bridge Road) is also part of the Provincial highway system in the City. DTI has indicated that provincial funding for the intersection realignment and road reconstruction project is not within the scope of this PDH/RDH Capital Improvement Program and has recommended that other funding options be pursued through the Building Canada Fund if this is the highest priority for the City of Saint John. Such a funding agreement and the acquisition of all lands necessary for the project's realignment must be finalized before this project can proceed. .. PDR 5 Year Capital Improvement Program July 29, 2015 Report to Common Council, M & C 2015 -162 Page 3 RECOMMENDATION Staff recommends that Council: 1. Adopt the attached Provincially Designated Highways Five -Year Capital Improvements Program for the years 2016 -2020. 2. Authorize the Mayor to submit the proposed Provincially Designated Highways Five - Year Capital Improvements Program for the years 2016 -2020 to the Minister with copies to the Director of Design and the District Engineer for the New Brunswick Department of Transportation. Respectfully submitted, R. Kevin Rice, B.Sc., CET Deputy Commissioner Transportation and Environment Services Wm. Edwards, P. g. Commissioner, Transportation and Environment Services Acting City Manager 190 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS ESTIMATES SHOWN REPRESENT PROVINCIAL PORTION OF PROJECT Priority Project Location Project Description Other City Share Share 2016 Saint Martins Road (PDH) Loch Lomond Road to City Asphalt. resurfacing including structure 55,000 55,000 Limits adjustments and cold milling. (1.73LK) 2017 -2020 TBD (PDH) X'arious Locations TBD TBD TOTAL COST $55,000 $55,000 7, Future Pro'ects Project Location Project Description Other City Share Share * ** King Street West (PDH) Market Place to Ludlow Street Stonn Scv,er and Street Reconstruction 500,000 170,000 (excavation, backlill,curb, and paving), (0.87LK) TOTAL: $500,000 $170,000 REPORT TO COMMON COUNCIL M &C2015 -160 July 29, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: The City of Saint john SUBJECT: Contract No. 2015 -21: — Belleview Avenue — Watermain, Sanitary, Storm, and Street Reconstruction BACKGROUND The approved 2015 Water & Sewerage Utility Fund and General Fund Capital Programs include funding for new watermain, sanitary sewer, storm sewer and street reconstruction on Belleview Avenue between Highland Road and civic # 72 as well as new watermain between civic # 72 and Spar Cove Road. TENDER RESULTS Tenders closed on July 29, 2015 with the following results: 1. Galbraith Construction Ltd., Saint John, NB $998,910.40 2. Terraex Inc., Saint John, NB $1,096,208.76 3. Fairville Construction Ltd., Saint John, NB $1,143,306.54 4. Debly Enterprises Ltd., Saint John, NB $1,146,670.89 The Engineer's estimate for the work was $1,285,000. 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. Construction is expected to begin in August 2015 and continue into October 2015. 192 M & C 2015- 160 July 29, 2015 Page 2 FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2015 Water & Sewerage Utility Fund and General Fund Capital Programs. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. The analysis is as follows: Budget $1,125,000 Project net cost $996,500 Variance (Surplus) $128,500 POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract No. 2015 -21: Belleview Avenue — Watermain, Sanitary, Storm, and Street Reconstruction be awarded to the low Tenderer, Galbraith Construction Ltd., at the tendered price of $998,910.40 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, Wm. Edwards, P.Eng. Acting City Manager 193 David Russell, P.Eng. Brian Keenan, P.Eng. Municipal Engineer Engineering Manager Wm. Edwards, P.Eng. Acting City Manager 193 REPORT TO COMMON COUNCIL M & C 2015 -163 July 29, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: "ftfc The City of Saint John SUBJECT: Contract No. 2015 -16: Harding Street West — Watermain, Sanitary Sewer and Storm Sewer Installation BACKGROUND The approved 2015 Water & Sewerage Utility Fund and General Fund Capital Programs include a project on Harding Street West for the installation of approximately 350m of watermain (including new services, fittings, couplings, valves, appurtenances, chambers, fire hydrants and temporary water), approximately 400m of sanitary sewer as well as 41m of forcemain (including manholes, laterals and connections), approximately 212m of storm sewer (including catchbasins with leads, manholes, services and connections) including curb, sidewalk, landscaping and asphalt reinstatement. Tenders closed on July 28, 2015 with the following results: 1. Debly Enterprises Limited, Saint John, NB $1,253,316.90 2. Fairville Construction Ltd., Saint John, NB $1,259,657.90 3. Galbraith Construction Ltd., Saint John, NB $1,281,600.80 4. Terraex Inc., Saint John, NB $1,283,029.10 The Engineer's estimate for the work was $1,484,684.40. ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal with the exception of the tender submitted by Gulf Operators Ltd. The tender submitted by Gulf Operators Ltd. included a qualification to the terms of the Tender Documents and was rejected by the Tender Opening Committee in accordance with General Specifications Division 2 — Instructions to Tenderers and Tendering Procedures, item 2.8.03 j). 194 M &C2015 -163 July 29, 2015 Page 2 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. Construction is expected to begin in August 2015 and continue into October 2015. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 201 5 Capital Program and the 2015 General Fund Capital Program. to the low tenderer, an analysis has been completed which work that will be performed by the Contractor and others. The analysis is as follows: Budget $1,435,000 Project net cost $1,230,005 Variance (Surplus) $ 204,995 Water & Sewerage Utility Fund Assuming award of the Contract includes the estimated amount of POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. It is recommended that Contract No. 2015 -16: Harding Street West — Watermain, Sanitary Sewer and Storm Sewer Installation be awarded to the low Tenderer, Debly Enterprises Limited, at the tendered price of $1,253,316.90 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, Susan Steven - Power, P.Eng. Municipal Engineer Wm. Edwards, P. g. Acting City Manager 195 Brian Keenan, P. Eng. Engineering Manager M &C -2015 -163 July 31, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: 6 091k Te My of Saint John SUBJECT: 2015 General Fund Preliminary Operating Fund Results Background: At a meeting of Common Council held on Monday, February 2, 2015 the attached resolution related to a "Declaration of a State of Local Emergency" for the area of the City of Saint John, referred to as the Southern Peninsula, was passed (Appendix 1). The State of Local Emergency was for a period of seven (7) days. Following completion of this seven day period Common Council was advised that there was a substantial cost associated with the State of Emergency. Councillor Merrithew, Chair of Common Council's Finance Committee undertook to provide to Common Council an estimate of the impact on the 2015 General Fund Operating Budget of the State of Local Emergency projected to December 31, 2015, the municipalities year end. The commitment was to present a high level financial projection of the impact on the Winter Management Program along with other areas of the budget that may have been impacted as a result of record setting snow fall of 2015. Financial Implications: The attached Schedule 1 is the high level financial projection based on a review of results for budget reports prepared as of April 30th, 2015, updated to reflect transactions up to June 30 h 2015. In addition to the impact on the Snow Control budgets (streets and sidewalks) other services whose budgets were impacted include the Fleet Services area and On - Street parking revenues, including both meter revenues and meter violation revenues. 196 Report to Common Council Page 2 July 31, 2015 It is important to recognize when reading this report that the projections are based on a detailed analysis prepared by operational areas of the April results projected for an additional eight months refined on a review of the June 30th budget reports. In particular the Snow Control projection uses as a basic assumption that the months of November and December will be normal experience months in terms of the winter program. As such, should abnormal /extreme conditions develop, the estimates contained herein will need to be revised. Further other economic or weather related events that may occur in the coming months may have an impact on the projections contained in this report. Recommendation: This report be received and filed. Respectfully submitted, Gregory J_ fYeoFAans, CPA, CGA, MBA Commissioner of Finance and Administrative Services J. Patrick Woods, CPA, CGA City Manager Attachments 197 Schedule 1 Areas projecting to be over spent Snow control Overtime Other personnel costs Equipment rentals Vehicle usage and fuel Salt Summary of all other costs Total snow control Fleet services On street parking revenues Total negative variances CITY OF SAINT JOHN General Fund 2015 Year End Budget Projection Budget Projection Variance Per 2015 Approved Rounded to nearest Rounded to nearest Budget 000 000 31/07/2015 April Report Projection Variance Rounded to nearest Rounded to nearest 000 000 193,000 1,351,000 1,158,000 1,381,000 2,498,408 2,636,000 138,000 2,628,000 300,000 1,976,000 1,676,000 1,700,000 1,522,301 1,844,000 322,000 1,844,000 684,000 1,009,000 325,000 709,000 559,268 707,000 148,000 757,000 5,756,977 9,523,000 3,767,000 9,019,000 1,190,274 1,444,000 254,000 1,394,000 1,175,000 969,000 206,000 8,122,251 11,936,000 4,227,000 .M 1,200,000 130,000 1,400,000 322,000 25,000 198,000 3,275,000 200,000 939,000 236,000 11,352,000 3,711,000 Page 1 of 2 Schedule 1 CITY OF SAINT JOHN General Fund 2015 Year End Budget Projection Budget Projection Variance Per 2015 Approved Rounded to nearest Rounded to nearest Budget 000 000 Areas projecting to be underspent Fiscal charges 15,766,676 15,352,095 Revenues PDH Recovery Savings on asphalt contract City Manager's office Vacancies & cost recoveries Total positive variances Projected Year End Variance Total General Fund Operating Budget Projected variance as a percent of total budget 415,000 150,000 290,000 140,000 150,000 300,000 1,445, 000 2,782,000 151,143, 354 1.84% 31/07/2015 April Report Projection Variance Rounded to nearest Rounded to nearest 000 000 15,551,991 215,000 0 0 0 0 0 215,000 3,496,000 151,143, 354 2.31% 199 Page 2 of 2 Appendix 1 98- COMMON COUNCILICONSEIL COMMUNAL FEBRUARY 2, 2015/LE 2 FtYRIER 2015 17. Committee of the Whole 17.1 Declaration of the Local State Emergency Southern Peninsula The Fire Chief / Director Saint John Emergency Measures Organization advised on the necessity for declaring a local state of emergency for the Southern Peninsula due to the extreme snowfall to enable the necessary snow plowing and snow removal to move safely and have accessibility for fire and police apparatus. A 24 / 7 snow ban for 7 days in the designated area is required to adequately address the snowfall accumulation and forthcoming snowstorms. Parking can be made available to the affected residents at Peel Plaza and other designated City parking lots. On motion of Deputy Mayor Rinehart Seconded by Councillor McAiary RESOLVED that a State of Local Emergency is hereby declared with respect to the following area of the City of Saint John, referred to as the Southern Peninsula and more particularly described as follows: beginning at the intersection of the northern sideline of Union Street with the western sideline of St. Patrick Street thence proceeding southwardly to the intersection of St. Patrick Street and Water Street, thence in a southwardly direction along the western sideline of Water Street to its intersection with Broad Street, thence in a eastwardly direction along the southern sideline of Broad Street to its intersection with Crown Street, thence in a north - eastwardly direction along the eastern sideline of Crown Street to its intersection with Union Street, thence westward along the northern sideline of Union Street to the place of beginning, together with all public streets located south of Broad Street. The nature of the emergency is the unusual amount of snow lying on the public rights of way within the area in question and the additional significant snowfall now occurring and anticipated to occur later this week with the resulting impairment of the City's ability to deal with the plowing and removal of such snow which significantly compromises the timely delivery of emergency services to persons and property in the aforesaid area." WHEREAS in order to maintain public safety and enable access for emergency vehicles, the City of Saint John has at its Common Council meeting of February 2, 2015 declared a State of Local Emergency in the Southern Peninsula as the result of current heavy snow accumulation and anticipated further accumulation in the next several days together with the need to have accessibility for public safety, all pursuant to the Emergency Measures Act SNB 2011 c.147; and WHEREAS the Southern Peninsula includes all areas identified in the aforesaid Declaration adopted by Common Council earlier this date February 2, 2015; and WHEREAS the purpose of the declaration is to support more effective snowplowing, push back and removal; therefore it is hereby resolved that a 24/7 on- street parking ban is hereby imposed in the Southern Peninsula. This means that no vehicle may be parked on City streets within that area. Any vehicle parked on such streets will be towed at the owner's expense commencing at noon on February 3, 2015 subject to the following provision: as streets within the Southem Peninsula are cleared of snow so as to permit parking thereon in the assessment of the Deputy Commissioner of Transportation and Environment for the City that assessment will be communicated to the public and parking on such streets will be permitted in accordance with applicable bylaws; and FURTHER BE IT RESOLVED that the City Manager is hereby directed to communicate to the public the aforesaid declaration of the State of Local Emergency and the associated parking ban together with altemative parking arrangements, by the following means: news release, paid advertising, City website, Twitter, Facebook ads, Facebook, Sentinel, email notification, media briefing and any other means he believes to be efficacious. information regarding available off - street parking will be provided in a news release to follow. Question being taken, the motion was carried. 18. Adjournment 10 200 August 4, 2015 Deputy Mayor Rinehart and Councillors, Subject: Committee of the Whole: Former Fire Department Training Grounds Off of Millidge Ave and University Ave The Committee of the Whole, having met on August 4, 2015, adopted the following resolution: "RESOLVED that as recommended by the Committee of the Whole, having met on August 4, 2015, the City enter into an Agreement of Purchase and Sale, in the form as attached, with Plazacorp Property Holdings Inc. for the sale of City Lands bearing PID 55221717. Sincerely, Mel Norton Mayor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21- 41-1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1 201 SAINT Agreement of Purchase and Sale of City Land to Plazacorp '% .4 5 502 4772 , y cv 'l Ai - .,*% Wes, b' �•. z TO Printed: 07/27/15 12:41:40 PM UIVA FINAL DAM- 2015 PLAZACORP PROPERTY HOLDINGS INC. as Purchaser and THE CITY OF SAINT JOHN as Vendor PURCHASE AGREEMENT City Lands Millidge Avenue & University Avenue, Saint John, N.B. 203 PURL SE AGREEMENT Lands at MHUdge Avenue and University Avenue, Saint Joking N.B. (the "Property") THIS AGREEMENT is dated this day of July, 2015. BETWEEN: PLAZACORP PROPERTY HOLDINGS INC. and - THE CITY OF SAINT JOHN as Purchaser as Vendor Recitals: (A) The Vendor is the registered and beneficial owner of the Property_ (B) A portion of the Property as described in the attached Schedule "D" is subject to a restrictive covenant (the "Restrictive Covenant") with respect to use of that portion of the land (the "Restricted Lands "), and can only be amended by an Act of the Legislature of the Province of New Brunswick (the "Private Legislation'). (C) The Vendor has agreed to sell the Property to the Purchaser and the Purchaser has agreed to buy the Property from the Vendor on the terms and subject to the conditions of this Agreement. (D) The Purchaser will uses its best and reasonable efforts to arrange for Private Legislation to be enacted by the New Brunswick Legislature within two years of Closing in order to remove the Restrictive Covenant registered against the Restricted Lands, failing which the Parties agree that this portion of the Property will be transferred by the Purchaser back to the Vendor and the Holdback (as hereinafter defined) will be released to the Purchaser. IN CONSIDERATION OF the sum, of Ten Dollars ($10.00) now paid by each party to the other and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: M ARTICLE 1 INTERPRETATION 1.1 Definitions. In this Agreement, the following terms shall have the meanings set out below unless the context requires otherwise: "Agreement" means this Agreement including the Schedules to this Agreement as it or they may be amended or supplemented from time to time, and the expressions "hereof', "herein ", "hereto", "hereunder", "hereby" and similar expressions refer to this Agreement and not to any particular Section or other portion of this Agreement. "Business Day" means any day other than a Saturday, Sunday, statutory holiday or civic holiday in the Province of New Brunswick. "Closing Date" means not later than thirty (30) days after the Commitmnent Date "Commitment Date" means such date that is One Hundred and Sixty (160) days from execution of this Agreement by the Parties, or such earlier date as the Purchaser's Conditions have been met and/or waived by the Purchaser. "Deposit" has the meaning set out in Subsection 23(a). "Environmental Law" means all applicable laws, statutes, ordinances, by -laws, regulations, orders, directives and decisions rendered by, and all policies, instructions, guidelines and similar guidance of, any governmental authority and the common law relating to the protection of the environment, occupational health, and safety and/or the generation, manufacture, processing, distribution, use, treatment, storage, disposal, discharge, packaging, transport, handling, containment, clean -up or other remediation or corrective action of or relating to any Hazardous Substance, in each case as may be in effect from time to time up to the Closing Date. "Hazardous Substance" means all pollutants, contaminants, chemicals, deleterious substances or individual, toxic or hazardous wastes or substances or any other substance matter or material regulated by or under Environmental Law. "Holdback" has the meaning set out in Section 2.6. "Interim Period" means the period betwcen the date hereof and the Closing Date. "Notice" has the meaning set out in Subsection 7.4(a). "Official Plan" means an official plan or equivalent or similar legislation, documentation or requirement adopted by the City of Saint John which pertain(s) to the use, development and/or servicing of the Property- OR "Party" means a Party to this Agreement and any reference to a Party includes its successors and permitted assigns; "Parties" means every Party. "Person" is to be broadly interpreted and includes an individual, a corporation, a partnership, a trust, an unincorporated organization, the goverment of a country or any political subdivision thereof, or any agency or department of any such government, and the executors, administrators or other legal representatives of an individual in such capacity. "Property" means the lands described on the attached Schedule "A" identified in the New Brunswick Land Registry System with PID number 55221717 and located at the corner of the public streets known as Millidge Avenue and University Avenue. "Property Documents" means all documents in the possession or control of the Vendor relating to the Property, together with each of the following: (a) copies of all unregistered agreements with, and permits and licenses from, federal, provincial or municipal governments or owners of adjoining lands relating to the Property; (b) all plans, specifications and drawings for the property; (c) all documents pertaining to the environmental status of the Property, including all permits, test reports or certificates of approval in respect of the storage or release on, above or below the surface of the Property of any radioactive, toxic or hazardous substances or materials, whether prepared for the Vendor or an adjacent landowner. "Purchase Price" means the purchase price for the Property as set out in Section 2.2. "Purchaser" means Plazacorp Property Holdings Inc. and its successors and assigns permitted by this Agreement. "Requisition Date" means the date, which is ten (l0) days prior to the Closing Date. "Restricted Lands" means that portion of the Property described in the Schedule "D" hereof, that is bound by certain use restrictions as more particularly set out in Deed #166749 dated August 6, 1956 between the City of Saint John and the Eastern Trust Company, as liquidator of Turnbull Real Estate Company. "Site Plan" means the Purchaser's proposed development to be constructed on the Property, as more particularly set out in Schedule "B" hereto. "Vendor" means The City of Saint John and its successors and assigns permitted by this Agreement. I1. "Zoned in Final Form" means according to the records of the Common Clerk, the Zoning By- Law at Closing shows that the Property is zoned "General Commercial" (CG) and the designation under the Municipal Development Plan is "Local Centre"_ Attached as Schedule "C" is the uses permitted by the Zoning By -Law. 1.2 Headings and Table of Contents. The division of this Agreement into Articles and Sections, the insertion of headings, and the pro vision of any table of contents are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. 1.3 Number and Gender. Unless the context requires otherwise, words importing the singular include the plural and vice versa and words importing gender include all genders. 1.4 Currency. Unless otherwise expressly stated in this Agreement, all references to money shall refer to Canadian funds. 1.5 Statute References. Any reference in this Agreement to any statute or any section thereof shall, unless otherwise expressly stated, be deemed to be a reference to such statute or section as amended, restated or re- enacted from time to time_ 1.6 Computation of Time Periods. Except as expressly set out in this Agreement, the computation of any period of time referred to in this Agreement shall exclude the first day and include the last day of such period. If the time limited for the performance or completion of any matter under this Agreement expires or falls on a day that is not a Business Day, the time so limited shall extend to the next following Business Day. ARTICLE 2 PURCHASE AND SALE 2.1 Purchase and Sale. The Purchaser agrees to purchase the Property from the Vendor, and the Vendor agrees to sell the Property to the Purchaser, on the terms and subject to the conditions contained in this Agreement, for the Purchase Price, subject to adjustment as provided in this Agreement- 2.2 Purchase Price. The purchase price for the Property shall be Seven Hundred and Fifty Thousand Dollars ($750,000.00) (the "Purchase Price") subject to the Holdback as set out in Section 2.6 hereof The parties hereto acknowledge and agree that the Property is approximately l .52 hectares including the Restricted Lands. 2.3 Payment of Purchase Price. Subject to adjustment in accordance with Section 2.4, the Purchase Price shall be paid to the Vendor as follows: (a) as to the sum of Fifty Thousand ($50,000.00) (the "Deposit='), by wire transfer or by certified cheque or bank draft payable to the Vendor no later than five (5) days after the date of execution of this Agreement, to be held in trust as a deposit and invested in ►M accordance with the provisions of Section 2.5 pending the completion or other termination of this Agreement and to be credited on the Closing Date on account of the Purchase Price; (b) as to the balance of the Purchase Price, by wire transfer or by certified cheque or bank draft payable to the Vendor, or as it may direct on the Closing Date, 2A Adjustments (a) General. Adjustments shall be made as of the Closing Date for realty taxes, local improvement rates and charges, water and assessment rates, licenses necessary for the operation of the Property and all other items normally adjusted between a vendor and purchaser in respect of the sale of property similar to the Property. (b) Statement of Adjustments. A. statement of adjustments shall be delivered to the Purchaser by the Vendor at least ten (10) Business Days prior to the Closing Date and sha]l have annexed to it complete details of the calculations used by the Vendor to arrive at all debits and credits on the statement of adjustments. The Vendor shall give the Purchaser's representatives access to the Vendor's working papers and backup materials in order to confirm the statement of adjustments. The Purchaser shall receive all income and pay all expenses in respect of the Property for the Closing Date and the period thereafter. (c) Insurance. Insurance premiums shall not be adjusted as of the Closing Date, but insurance shall remain the responsibility of the Vendor until the Closing Date, and thereafter the Purchaser shall be responsible for placing its own insurance. 2.5 Deposit. The Deposit shall be invested by the Vendor in an interest- bearing account or term deposit or guaranteed investment certificate with or issued by one of the fivc largest Canadian chartered banks. Interest on the Deposit shall accrue to the benefit of the Purchaser in the case of termination of this Agreement without Closing when the Purchaser is not in default under this Agreement; otherwise to the credit of the Vendor_ If this Agreement is not completed other than solely by reason of the default of the Purchaser, the Deposit, together with all interest ac,Tued thereon, shall be returned to the Purchaser forthwith without deduction. 2.6 Holdback- The Parties acknowledge and agree that a portion of the Property, being the Restricted Lands, are unavailable for development by the Purchaser as a commercial retail centre given the existing Restrictive Covenant registered against title to the Restrictive Lands. As such, the Parties agree that the Purchaser shall place a portion of the Purchase Price, being One Hundred and Seventy -Five Thousand ($175,000.00), in escrow at Closing with the Purchaser's solicitor, Stewart McKelvey (the "Holdback") pending the release of the Restrictive Covenant. The Purchaser will then use its best and reasonable efforts to arrange for Private Legislation from the New Brunswick Legislature within two (2) years from the date of Closing in order to remove the use restrictions on the Restricted Lands, failing which the Parties agree that the Restricted Lands shall be transferred by the Purchaser back to the Vendor and the Holdback will be released to the Purchaser by its Solicitor. I1: ARTICLE 3 COVENANTS, REPRESENTATIONS AND WARRANTIES 3.1 Representations of the Vendor. The Vendor covenants, represents and warrants to and in favour of the Purchaser that, as of the Closing Date, to the best of its knowledge and belief after due inquiry, such inquiry comprising of a review of the records maintained by the following offices, departments and divisions of the Vendor: Common Clerk, City Manager, Planning and Development, Building Inspector and Municipal Operations: (a) Corporate Status. The Vendor is a corporation created by Royal Charter and has the corporate power, authority, right and capacity to own its property and assets and to enter into, execute and deliver this Agreement and to carry out the transactions contemplated by this Agreement in the manner contemplated by this Agreement; (b) Corporate Authorisation. The transactions contemplated by this Agreement will have been duly and validly authorized by all requisite corporate proceedings and will constitute legal, valid and binding obligations of the Vendor; (c) No Default under Other Agreements. Neither the execution of this Agreement nor its performance by the Vendor will result is a breach of any term or provision or constitute a default under the con.stating documents or by -laws of the Vendor or any indenture, mortgage, deed of trust or any other agreement to which the Vendor is a Party or by which it is bound; (d) No Litigation Regarding the property. There are no actions, suits or proceedings pending against or affecting the Property or the occupancy or use of the Property by the Vendor, in law or in equity, which could affect the validity of this Agreement or any transaction provided for in this Agreement, the title to the Property or any part of the Property, the conveyance of the Property to the Purchaser, the right of the Purchaser from and after the Closing Date to own, occupy and obtain the revenue from the Property or any action taken or to be taken in connection with this Agreement; (e) Vacating Liens. The Vendor will vacate any lien registered against the Property by the Closing Date, provided that such lien was filed as a result of work and/or materials being ordered by the Vendor. The Purchaser agrees to vacate any lien and indemnify the Vendor against any lien registered against the Property for work and/or materials ordered by the Purchaser, in the event that this transaction is not completed between the parties; { Residence. The Vendor is not a non - resident of Canada within the meaning of Section 116 of the Income Tax Act (Canada); (g) No Unregistered Agreements. There are no unregistered agreements in respect of the Property; II• (h) Taxes and Assessments. All municipal taxes, charges, rates, development charges, special levies and assessments, school and water rates and charges that, if unpaid, would create a lien on the Property are paid in full and will be adjusted as of the Closing Date as provided in Section 2.4; (1) Local Improvement Charges. There are no local improvement charges, development charges or special levies outstanding against the Property nor has the Vendor received any notice of a proposed local improvement charge, development charge or special levy, (k) Constriction Liens. The Vendor confirms that no work in respect of construction or repair have been done on the Property which would give rise to a lien under the Mechanics Lien Act (New Brunswick) at least sixty (60) days prior to Closing; (1) Access. The Property has full and free legally enforceable access to and from public roadways, being University Avenue and Millidge Avenue, which accesses arc sufficient for the purposes of the normal operation of the Property, and the Vendor has no knowledge of any fact or condition that would result in the interruption or termination of such access. Notwithstanding the foregoing, the Purchaser acknowledges that it shall have no right to provide commercial access and/or parking over the Restricted Lands until Private Legislation is enacted by the Legislature of the Province of New Brunswick as further set out in Section 2.6 hereof; (m) Zoning and Use. The Property is Zoned in Final Form and the Property has passed all inspections of all governmental agencies having jurisdiction over the Property; the Property and its existing use comply with all applicable ordinances, zoning by -laws, building codes, covenants, registered restrictions, easements, access encroachments, laws, orders, regulations and federal, provincial and municipal requirements (whether relating to fire, safety, the environment, building standards, health standards or otherwise); (n) No Work Orders or Expropriation. The Vendor has not received any written work order, deficiency notice, notice of violation or other similar communication from any municipal or governmental authority, board of insurance underwriters, regulatory authority or otherwise that is outstanding requiring or recommending that work or repairs in connection with the Property or any part of the Property is necessary, desirable or required. Neither the Property nor any part of the Property has been expropriated and there are no existing or, to the knowledge of the Vendor, contemplated expropriation proceedings or other similar public or private proceedings affecting the Property or any part of the Property, (o) No Change in Law Affecting the Property. The Vendor has not received notice, and has no other knowledge or information of any pending or contemplated change in any applicable law, ordinance or restriction or of any pending or threatened judicial or administrative action or of any natural or artificial condition upon the Property or any part of the Property any of which would result in any material change in the condition of the ME Property or any part of the Property or in any way limit or impede the normal operation of the Property or any part of the Property for any purpose; (p) Conservation Authorities. The Property is not designated for regulation by any conservation authority pursuant to all applicable legislation in the Province of New Brunswick; (c) Claims re: Environmental Matters. The Vendor has not received any notice of any violation of Environmental Law relating to the Property or its use; there are no writs, injunctions, orders or judgments outstanding, or lawsuits, claims, proceedings or investigations pending or threatened, relating to the ownership, use, maintenance or operation of the Property, and there are no orders or directions relating to environmental matters requiring any work, repairs, construction or capital expenditures with respect to the Property and the conduct of business at the Property, nor has the Vendor received any notice of any of the foregoing matters; (r) No Consents. There are no consents necessary or required in connection with the sale, transfer, assignment and/or conveyance of the Property by the Vendor to the Purchaser; (s) No Options to Purchase. There exist no options to purchase or rights of first refusal with respect to the Property that have not either expired on their terms or been waived by the benefiting party; (t) Delivery of Agreements. The Vendor has delivered to the Purchaser full and complete copies of all agreements to which it is a party affecting or relating to the Property_ All such agreements are in full force and effect, unamended, there exist no defaults by any party to such agreements and to the extent that consent is required in respect of the assignment of any such agreements, such consents have been obtained; and (u) Full Disclosure. So far as the Vendor is aware, the Vendor has disclosed to the Purchaser all material information pertaining to the Property, whether solicited by the Purchaser or not Neither this Agreement nor any other document referred to in this Agreement or any Schedule to this Agreement nor any statement, schedule or certificate furnished or to be furnished to the Purchaser knowingly pursuant to this Agreement contains or will contain any untrue statement or omits or will omit to state a material fact_ All material information pertaining to the Property is set out in this Agreemcnt or contained in the Property Documents 3.2 Representations of the Purchaser. The Purchaser covenants, represents and warrants to and in favour of the Vendor that, as of the date of this Agreement or such other date as may be specified: (a) Corporate Status. The Purchaser is a corporation duly incorporated and subsisting under the laws of the jurisdiction in which it was incorporated and has the corporate power, 211 authority, right and capacity to enter into this Agreement and to carry out the transactions contemplated by this Agreement in the manner contemplated by this Agreement; and (b) Corporate Authorization. Subject to the satisfaction of the conditions set out in Section 4.2, the transactions contemplated by this Agreement will be duly and validly authorized by all requisite corporate proceedings by the date of execution hereof. 33 Effect of Warranties. Each of the Purchaser and the Vendor agrees to protect, indemnify and save the other harmless from and against any and all losses, costs, expenses, damages, liabilities, claims and demands whatsoever arising or suffered as a result of any misrepresentation or breach of warranty by it under this Agreement or any document, certificate or other instrument delivered by it pursuant to this Agreement. This protection, indemnity and warranty shall cease on the Closing Date. ARTICLE 4 CONDITIONS 4.1 Conditions of the Vendor. The Vendor's obligation to carry out the transaction contemplated by this Agreement is subject to the fulfilment of each of the following conditions on or before the Closing Date or such other date as may be specified, which conditions are for the sole benefit of the Vendor and which may be waived by the Vendor in accordance with Subsection 4.6(a): (a) Representations and Warranties. The covenants, representations and warranties set out in Section 3.2 shall be true and accurate with the same effect as if made on and as of the Closing Date; (b) Delivery- of Documents_ All documents or copies of documents required to be executed and delivered to the Vendor pursuant to this Agreement shall have been so executed and delivered; and (c) Performance of Terms, Conditions and Covenants. All of the terns, covenants and conditions of this Agreement to be complied with or performed by the Purchaser on or before the Closing Date shall have been complied with or performed. 4.2 Conditions of the Purchaser. The Purchaser's obligation to carry out the transaction contemplated by this Agreement is subject to fulfilment of each of the following conditions on or before the Closing Date or such other date as may be specified, which conditions are for the sole benefit of the Purchaser and which may be waived by the Purchaser in accordance with Subsection 4.6(a): (a) Commitment Date. On or before the Commitment Date, the Purchaser shall have delivered to the Vendor Notice that: 212 ]a (i) Based on the results of the due diligence investigations of the Purchaser, the transaction contemplated by this Agreement have been approved by the Purchaser's board of directors, acting reasonably; (ii) the enti•ironmental condition of the Property, or the cost of clean -up of any environmental contamination, is satisfactory to the Purchaser, acting reasonably. (iii) the Purchaser's due diligence has been completed to the satisfaction of the Purchaser, in its sole and absolute discretion, including all matters related to title to the Property; (iv) the Purchaser is satisfied, in its sole and absolute discretion, that the Property is Zoned in Final Form. The Parties acknowledge that the Purchaser will be required to apply for re- zoning of the Property in order to allow for retail power centre development. The Vendor hereby consents to the application by the Purchaser for an amendment to the Municipal Plan and a rezoning of the Property during the due diligence period, on the express condition that the City is not explicitly or implicitly obligated to approve any such amendment to the Municipal Plan or the rezoning; (v) the Purchaser is satisfied, in its sole and absolute discretion, that upon application it will be able to obtain from the appropriate authorities site plan approval for the intended development of the Purchaser (as shown on Schedule "B" hereof) on satisfactory terms; and (vi) the Purchaser is satisfied, in its sole and absolute discretion, that upon making proper application and paying only normal fees a building permit will be issued by the municipality having jurisdiction so as to permit the intended development of the Purchaser in accordance with the site plan shown on Schedule `B" hereof, (b) Representations and Warranties. The covenants, representations and warranties set out in Section 3.1 shall be true and accurate with the same effect as if made on and as of the Closing Date; (c) Delivery of Documents. All documents or copies of documents required to be executed and delivered to the Purchaser pursuant to this Agreement shall have been so executed and delivered; (d) Performance of Terms, Covenants and Conditions. All of the terms, covenants and conditions of this Agreement to be complied with or performed by the Vendor on or before the Closing Date shall have been complied with or performed; (e) Consents. All consents, approvals and assumptions required under any other agreement affecting the Property in connection with the transaction contemplated by this Agreement shall have been obtained and delivered to the Purchaser or entered into by all necessary Parties; 213 W (f) Title to the Property. On the Closing Date, the Property shall be, legally and beneficially owned by the Vendor with good and marketable title in fee simple free and clear of all mortgages, liens, charges, encumbrances, restrictions, security interests, conditional sale agreements, leases and any other claims and interests whatsoever, with the exception of the Restrictive Covenant and any registered utility, oil and gas easements deemed acceptable by the Purchaser, acting reasonably; (g) Interim Period. During the Interim Period, there shall have been no material adverse change in the condition or in the management or operation of the Property, (h) Insurance. The Property shall be insurable by the Purchaser (including, without limitation, fire and extended coverage, liability and property damage, boiler and pressure vessels and loss of use and occupancy insurance) at normal rates for properties similar in age, construction, location and use to the Property; 4.3 Extension of Commitment Date. (a) If the conditions set forth in Subsection 4.2(a) have not been satisfied on or prior to the original Commitment Date, the Purchaser shall have the unilateral right, in its sole, absolute and unfettered discretion, to extend the commitment Date for a further period of ninety (90) days. (b) The Purchaser shall be entitled to exercise the foregoing extension by delivering to the Vendor written Notice of such extension on or before the original Commitment Date, and upon deliver of such Notice the Commitment Date shall be automatically extended for further period of ninety (90) days. 4.4 Subdivision and Planning Legislation. This Agreement shall be effective to create an interest in the Property only if the provisions of all applicable subdivision and planning legislation are complied vrith. 4.5 Satisfaction of Conditions. Each Party agrees to proceed in good faith and with promptness and diligence to attempt to satisfy those conditions in Sections 4.1 and 4.2 that are within its reasonable control. NE 12 4.6 Waiver of Conditions (a) Notice of Waiver. If a condition set out in Section 4.1 or Section 4.2 has not been satisfied on or before the Closing Date or such other date as may be specified for its fulfilment, the Party for whose benefit The condition has been included may waive compliance with the condition in whole or in part, in its sole discretion, by written Notice to the other Party, and without prejudice to any of its rights of termination in the event of non - fulfilment of any other condition in whole or in part, failing which delivery of written Notice of satisfaction or waiver of such condition, this Agreement shall automatically terminate, in which case neither Party shall be under any further obligation to the other to complete the transaction contemplated by this Agreement. (b) Deemed Satisfaction of Conditions. Notwithstanding Subsection 4.6(a), the closing of the transaction contemplated by this Agreement by the Parties shall be deemed to be a waiver by any Parties of compliance with any condition included for its benefit and not satisfied on the Closing Date. 4.7 Not Conditions Precedent. The conditions set out in Sections 4.1 and 4.2 are conditions to the obligations of the Parties hereto and are not conditions precedent to the existence or enforceability of this Agreement. ARTICLE 5 INTEREW PERIOD 5.1 Delivery of Documents. During the Interim Period, the Vendor shall promptly deliver the following documents to the Purchaser: (a) on or before Seven (7) calendar Days after the execution and delivery of this Agreement by the Vendor to the Purchaser, the Vendor shall deliver to the Purchaser all of the Property Documents, together with a certificate signed by a senior officer of the Vendor confirming that the Property Documents so delivered, together with the material trade available to the Purchaser for inspection pursuant to Section 5.4, comprise all of the Property Documents; (b) on or before live (5) calendar Days after the execution and delivery of this Agreement by the Vendor to the Purchaser, the Vendor shall deliver to the Purchaser an executed Early Access Agreement per Section 4.2(a)(ii) hereof, and (c) the Vendor shall continuously and promptly deliver a copy of every agreement affecting the Property that the Vendor from time to time proposes to enter into, together with all related correspondence_ 5.2 Access by Purchaser. During the Interim Period, the Purchaser, its representatives and advisors shall have full access to the Property and to all information relating to the Property that is within the possession or control of the Vendor. The Vendor authorizes the Purchaser to carry 215 13 out such reasonable tests (including soil tests and roof core samples), environmental audits, surveys and inspections of the Property, as the Purchaser, its representatives or adNisors may deem necessary, upon five (5) calendar Days' notice to the Vendor and the Purchaser will not interfere with the Vendor's every- -day use of the Property. The Purchaser shall promptly repair at its sole cost and expense any damage to the Property caused by such tests and inspections and indemnify and save harmless the Vendor from any liability or claim made against it as a result of such testing and/or investigations of the Property. Should the Purchaser not complete the transaction contemplated, any and all reports received from access by the Purchaser shall, forthwith, be delivered to the Vendor. 5.3 Approval by Purchaser. During the Interim Period, the Vendor shall not enter into any agreement affecting the Property or agree to amend, modify, vary, terminate, surrender or cancel any existing agreement affecting the Property without the prior written approval of the Purchaser. The Vendor shall provide to the Purchaser all information that the Purchaser reasonably determines to be necessary in order to decide whether or not to grant its approval. 5.4 Inspection. During the Interim Period, the Vendor shall, at the request of the Purchaser, make available for examination by the Purchaser, its representatives and ads isors at the Vendor's business offices during the Vendor's normal business hours all documents pertaining to the environmental status of the Property including, without limitation, any permits, test reports, manifests or consent orders in respect of the production, manufacture, transportation across, over or through, storage or location on or beneath the surface of the Property of any radioactive, toxic or other noxious substances or materials. 5.5 Governmental Inspections. During the Interim Period, at the request of the Purchaser, the Vendor shall promptly deliver to the Purchaser letters addressed to such governmental authorities as may be requested by the Purchaser or its solicitors authorising each such authority to inspect the Property and to release to the Purchaser such information on compliance matters that the authority may have with respect to the Property. The Purchaser agrees to promptly provide all preliminary and final reports by its consultants arising from its property and environmental investigations. 5.6 Met of Investigations. No investigations, inspections, tests or enquiries made by or on behalf of the Purchaser at any time shall have the effect of waiving, diminishing the scope of or otherwise affecting any covenant, representation or warranty made by the Vendor in or pursuant to this Agreement. 5.7 Registration. The Purchaser shall be entitled to register this Agreement or a notice of this Agreement against title to the Property. If such registration occurs and the transaction contemplated by this Agreement fails to close, then the Purchaser agrees to delete or release any such registration from the Registry or Land. Titles Systems at its sole cost. 5.8 Risk. Until completion of this Agreement, the Vendor shall maintain insurance on the 14 Property in such amounts as a careful and prudent owner of similar property and premises would maintain. The Vendor shall cause the Purchaser to be named as an additional named insured to the extent of its interest in the Property. 5.9 Requisitions. The Purchaser shall have until the Requisition Date to investigate the Vendor's title to the Property and to submit any objections to title. The Vendor shall undertake to satisfy all reasonable objections to title submitted by the Purchaser pursuant to this Section. 5.10 Land Titles Act. The Purchaser shall be responsible for migration of the Property under the Land Titles Act (New Brunswick), if required. ARTICLE b CLOSING ARRANGEMENTS 6.1 Closing Arrangements. This Agreement shall be completed at 10:00 a.m. Atlantic Standard Time on the Closing Date at the office of the Vendor's solicitors in Saint John, N.B. 6.2 Documents of the Vendor. The Vendor shall deliver to the Purchaser the following documents on the Closing Date or on such other date as may be specified: (a) Deed. A duly executed registrable transfer /deed duly completed, in fee simple, for the Property transferring the Property to the Purchaser or as it may direct in accordance with this Agreement; (b) An Escrow Agreement between the Vendor, the Purchaser and Stewart McKelvey as escrow agent with respect to the Holdback funds in a form to be reasonably negotiated between the parties; (c) Certificate of the Vendor_ A certificate of the Vendor executed by a senior officer certifying that: (i) the Vendor is not a non - resident within the meaning of Section 116 of the Income Tax Act (Canada); and (ii) the representations and warranties contained in Section 3.1 are true and accurate as of the Closing Date; 6.3 Documents of the Purchaser. The Purchaser shall deliver to the Vendor the following documents on the Closing hate or such other date as may be specified; (a) Balance of the Purchase Price. A certified cheque, bank draft or electronic wire transfer payable to the Vendor or as the Vendor may in writing direct in the amount of the balance of the Purchase Price in accordance with Section 2.3; 217 15 (b) An Escrow Agreement between the Vendor, the Purchaser and Stewart McKelvey as escrow agent with respect to the Holdback funds in a form to be reasonably negotiated between the parties; (c) HST Certificate. The certificate referred to in Subsection 6.5(b). 6.4 Single Transaction. All documents and funds shall be delivered in escrow at the place of closing specified in Section 6.1 on the Closing Date pending registration of the documents referred to in Sections 6.2 and 6.3 as reasonably required by the solicitors for the Parties and receipt of such evidence that they shall reasonably request that all conditions of this Agreement have been satisfied. It is a condition of closing that all matters of payment, execution and delivery of documents by each Party to the other and the acceptance for registration of the appropriate documents in the appropriate offices of public record shall be deemed to be concurrent requirements and it is specifically agreed that nothing will be complete at the closing until everything required at the closing has been paid, executed and delivered and until all documents have been accepted for registration. 6.5 Taxes and Fees (a) General. The Purchaser shall be responsible for the land transfer tax and registration fees payable in connection with the registration of the decd(s) or transfer(s) referred to in Subsection 6.2(a). Each Party shall pay its own legal fees with respect to this transaction. (b) HST. No Harmonized Sales tax shall be paid by the Purchaser to the Vendor with respect to the purchase by the Purchaser of the Property provided that the Purchaser provides to the Vendor on or prior to the Closing Date a certificate of the Purchaser containing the Purchaser's registration number for the purposes of the Harmonized Sales tax imposed under the Excise Tax Act (Canada)_ ARTICLE 7 AUSCELLANEUUS 7.1 Tender. Any tender of documents or money may be made upon the Party being tendered or upon its solicitors and money may be tendered by certified cheque or bank draft. 7.2 Liability of Purchaser. if the Purchaser defaults in the performance of any obligation under this Agreement and such default entitles the Vendor to terminate this Agreement, such right of termination shall be the Vendor's only remedy and the Vendor shall be entitled to retain the Deposit as liquidated damages. 7.3 Relationship of the Parties. Nothing in this Agreement shall be construed so as to make the Purchaser a partner of the Vendor and nothing in this Agreement shall be construed so as to make the Purchaser an owner of the Property for any purpose until the Closing Date. I 16 7.4 Notices (a) Any notice, certificate, consent, determination or other communication required or permitted to be given or made under this Agreement (a `Noticel� shall be in writing and shall be effectively given and made if (i) delivered personally, (ii) sent by prepaid courier service or mail, or (iii) sent prepaid by fax or other similar means of electronic communication, in each case to the applicable address set out below: (A) in the case of the Vendor addressed to it at: The City of Saint John The Common Clerk & Real Estate Services P. O. Box/C. P. 1971 Saint John, N.B. E2L 4L1 Attention: The Common Clerk & Curtis Langille Fax No.: (506) 674 -4214 (B) in the case of the Purchaser addressed to it at: Plazaeorp Property Holdings Inc. Nashwaaksis Plaza, 98 Main Street Fredericton, NB E3A 9N6 Attention: James Petrie, Executive Vice - President & COO Fax No.: (506) 451 -1802 (b) Any such communication so given or made shall be deemed to have been given or made and to have been received on the day of delivery if delivered, or on the day of faxing or sending by other means of recorded electronic communication, provided that such day in either event is a Business Day and the communication is so delivered, faxed or sent prior to 4:30 p.m. on such day. Otherwise, such communication shall be deemed to have been given and made and to ha,. a been received on the next following Business Day. Any such communication sent by mail shall be deemed to have been given and made and to have been received on the fifth (5 'b) Business Day following the mailing thereof, provided however that no such communication shall be mailed during any actual or apprehended disruption of postal services. Any such communication given or made in. any other manner shall be deemed to have been given or made and to have been received only upon actual receipt. (d) Any Party may from time to time change its address under this Section by Notice to the other Party given in the manner provided by this Section. 7.5 Commissions. The Vendor represents and warrants to the Purchaser that the Vendor has used no real estate agent in connection with this Agreement. The Purchaser represents and warrants to the Vendor that the Purchaser has used no real estate agent in connection with this Agreement. quo 17 7.6 Further Assurances. Each Party shall promptly do, execute, deliver or cause to be done, executed and delivered all further acts, documents and things in connection with this Agreement that the other Party may reasonably require, for the purposes of giving effect to this Agreement. 7.7 Lawyers as Agents. Notices, approvals, waivers and other documents permitted, required or contemplated by this Agreement may be given or delivered by the parties or by their respective solicitors on their behalf. 7.8 Assignment. The rights of the Purchaser hereunder may be assigned upon Notice and consent of the Vendor, acting reasonably, and upon delivery of such Notice and consent having been received, the Purchaser shall be entitled to assign this Agreement to a third Party and upon such assignment the Purchaser shall be relieved of all obligations hereunder. 7.9 Non- Merger. None of the provisions of this Agreement shall merge in the deed or transfer of the Property or any other document delivered on the Closing Date and the provisions of this Agreement shall survive the Closing Date. 7.10 Successors and Assigns. This Agreement shall enure to the benefit of and shall be binding upon the Parties, their respective successors and permitted assigns and shall enure to the benefit of and be enforceable only by such successors and permitted assigns that have succeeded or which have received such assignment in the manner permitted by this Agreement. 7.11 Time of Essence. Time shall be of the essence of this Agreement in all respects. 7.12 Entire Agreement. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter of this Agreement and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written. There are no conditions, warranties, representations or other agreements between the Parties in connection with the subject matter of this Agreement (whether oral or written, express or implied , statutory or otherwise) except as specifically set out in this Agreement. 7.13 Waiver. A waiver of any default, breach or non- compliancc under this Agreement is not effective unless in writing and signed by the Party to be bound by the waiver or its solicitor. No waiver shall be inferred fiiorn or implied by any failure to act or delay in acting by a Party in respect of any default, breach or non - observance or by anything done or omitted to be done by the other Party. The waiver by a Party of any default, breach or noncompliance under this Agreement shall not operate as a waiver of that Party's rights under this Agreement in respect of any continuing or subsequent default, breach or non - observance (whether of the same or any other nature). 7.14 Severability. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of this Agreement, all without affecting is the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction. 7.15 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which taken together shall be deemed to constitute one and the same instrument. Counterparts may be executed either in original or faxed form and the Parties adopt any signatures received by a receiving fax machine as original signatures of the Parties; provided, however, that any Party providing its signature in such manner shall promptly forward to the other Party an original of the signed copy of this Agreement which was so faxed. 7.16 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of New Brunswick and the laws of Canada applicable in that Province and shall be treated, in all respects, as an contract. 7.17 Force Majeure. Neither Party shall be Iiable nor be able to terminate this contract for any failure to perform hereunder where such failure is proximately caused by a Force Majeure Occurrence. A "Force Majeure Occurrence" shall mean an occurrence beyond the control and without the fault or negligence of the party affected and which by exercise or reasonable diligence the said party is unable to prevent or provide against. Without limiting the generality of the foregoing, force majeure occurrences shall include: acts of nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, acts of foreign combatants, terrorists acts, military or other usurped political power or confiscation, nationalization, government sanction or embargo, labor disputes of third parties to this contract, or the prolonged failure of electricity or other vital utility service. Any Party asserting Force Majeure as an excuse to performance shall have the burden of proving proximate cause, that reasonable steps were taken to mininuzc the delay and damages caused by events when known, and that the other Party was timely notified of the likelihood or actual occurrence which is claimed as grounds for a defense under this clause. IN WITNESS WHEREOF the Parties have executed this Agreement. Executed by the Vendor the ` day of , 2015. THE CITY OF SAINT JOHN By: Mayor And: Common Clerk Common Council Resolution: 2615 221 ]9 Executed by the Purchaser the __ day of July, 2015. PLAZAGQRP PRQpERTV HOLDINGS INC. By: Name: Title: I have authority to bind th,- Corporation. Schedules Schedule "A" —Legal Description of Property Schedule `B" — Site Plan Schedule "C" — Uses to be Provided for in Zoning By -Law Schedule "D" — Drawing of Restricted Lands 222 20 SCHEDULE "A" Legal Description of Properties Those vacant lands identified in the New Brunswick Land Registry System by PID number 55221717 and located at the comer of the public streets known as Millidge Avenue and University Avenue, and measuring approximately 1. 52 hectares. 223 21 SCHEDULE "B" Site Plan 224 _ _ - UNIVERSITY ASE 1 C� 225 EXISTING TREES TO REMAIN PARKING PROVIDED: 75 PARKING RATIO, 6.0/1000 Toh SO 401 -1111K M1O UNNVtSf1Y AND MfLLIt)GE AVE De' JUNE 2E /15 Nf5 A-1 UNI�ERS�TY cc) 'a 1 A \& 226 DasnNG TREES TO RE MN PARKING PROVIDED: 143 PARKING RATIO: 5.3/1000 .w... rib � �°� 101 Set -fan ° UNN -Mrry AND MUM AVE Fay 10a L3T -1d0i •••.• [�Ma rt.e.niMM/pete.n dew APp 2Sf13 NTS 13mw A_1 22 SCHEDULE "C" Uses to be Provided for in Zoning By -Law (see attached) 227 11.7 General Commercial (CG) torte Municipal Plan Context .--.r��-7 The General Commercial {CG) zone accommodates midsize commercia I development that provides services and goods to the broader community and may contain residential uses. — The General Commercial (CG) zone is ' ,L 14 intended for land inside of the Primary Development Area that is designated Local Centre, tow to Medium tensity Residential, Mixed Use Centre, or Stable Commercial. However, land in other appropriate designations could be zoned Cr'. 11.7(1) Permitted Uses Any land, building, or structure may be used for the purposes of, and for no other purpose than, the following: Accommodation; Artist or Craftsperson Studio; Bakery, Banquet Hall; C Bar, lounge, or Nightclub, subject to paragraph 11.7(3)(a); Business Office, subject to paragraph 11.7(3)(b); Community Centre, r Community Policing Office; • Contractor Service, Household; Day Care Centre; Dwelling unit, subject to paragraph 11.7(3)(c); Financial Service; Funeral Service; Garden Suite, subject to section 9.8; o Grocery Store; Health and Fitness Facility; Health Services Laboratory; Part 11: Commercial Zones - General Commercial (CG) Zone _"° - -` ` Page ) 166 s, 228 • Home Occupation, subject to section 9.9; Library; Medical Clinic; Personal Service; • Pet Grooming; • Place of Worship; Private Club; Recreational Vehicle Sales and Service, Small; Recycling Bins; Restaurant; Retail General; Secondary Suite, subject to section 9.13; Service and Repair, Household; L Service Station, subject to paragraph 11.7(3)(d); Supportive Housing, subject to section 9.14; Technical or Vocational School; Vehicle Repair Garage, subject to paragraph 11.7(3)(e), h Vehicle Sales, Incidental; Vehicle Sales and Leasing, Existing; Veterinary Clinic; The existing use described in Schedule E: Exceptions, of each lot respectively, Identified therein as being located in the CG zone_ 11.7(2) Conditional Uses Any land, building, or structure maybe used for the purposes of, and for no other purpose than, the following subject to such terms and conditions as maybe imposed by the Committee: Parking Lot, Commercial, subject to paragraph 11.7(3)(f)• Parking Structure. 11.7(3) Conditions of Use (a) A lot containing a Bar, Lounge, or Nightclub permitted in subsection 11.7(1) shall not be located within 60 metres of a Residential zone. (b) A Business Office permitted in subsection 11.7(1) shall not exceed 3,0Q0 square metres in gross floor area. Part 11: Commercial Zones — General Commercial (CG) Zone Page t 229 (c) A Dwelling Unit permitted In subsection 11.7(1): (1) Shall not be looted below the second storey of the building; (ii) Shall have its main access from inside the building at ground level; (iii) Shall not share an internal hallway or entrance with any commercial use In the building; and (Iv) Notwithstanding subparagraphs (1) and (ii), a Dwelling Unit may be located below the second storey and the main access may be directly from outside the building at ground level when the building is located on a lot that is within 30 metres from a Residential zone. (d) A Service Station permitted in subsection 11.7(1) shall be subject to the following- (i) The lot where the Service Station is located shall have a minimum area of 930 square metres and a minimum frontage of 30 metres; (ii) Any vehicle access for the Service Station shall not be closer than 30 metres from an access for a main building in a Community Facility or Residential zone; (iii) No Dwelling Unit shall be located in any portion of the building containing the Service Station; (iv) The fuel pump Island shall not be located closer than 7.5 metres to a front or flankage lot line; and (v) The lot where the Service Station Is located shall not be adjacent to a lot zoned Residential and on the same street. (e) A Vehicle Repair Garage permitted in subsection 11.7(1) shall not be located adjacent to a Residential zone. A Commercial Parking Lot permitted in subsection 11.7(2) shall not be developed an a lot located in the Uptown Parking Exemption Area, as defined by Schedule C of this 8y -law, which contained a main building on the date this By -law was enacted. Part 11, Commercial Zones -- General Commercial (CG) Zone 230 Page 1 168 11.7(4) Zone Standards (8) Minimum Lot Area Square metres (b) Minimum Lot Frontage ® metres (c) Minimum Lot Depth metres (d) Minimum Front Yard metres (h) Maximum Building height metres (e) Minimum Rear Yard: metres Abutting a Residential zone metres Other metres (fj Minimum Side Yard: Part 33. Commercialzones — General Commercial (CG) Zone —"� Page 1189 231 Abutting a Residential zone metres Other metres (g) Minimum Flankage Yard metres (h) Maximum Building height ? metres (�) Except for a Grocery store, the maximum gross floor area for any use shall be 5,000 square metres, (j) No parking or outdoor display area shall be permitted within a required setback. (k) Maximum Lot Occupancy) percent (1) Other Requirements I fi:- �l�,r11 y ;;R `•ly,;�. x:X. Part 33. Commercialzones — General Commercial (CG) Zone —"� Page 1189 231 23 SCHEDITU "D" Drawing of Restricted Lands (see attached) Parcel "0'2,721 rrr' of Oot) 13-021.52ha shown on Subdivision Plan filed in the Saint John County Registry- Office on September 10, 2013 as No. 33122665. 232 j wv, August 4, 2015 Deputy Mayor Rinehart and Councillors, Subject: Committee of the Whole: Appointments to Committees The Committee of the Whole, having met on August 4, 2015, adopted the following resolution: "RESOLVED that as recommended by the Committee of the Whole, having met on August 4, 2015, Common Council approve the following appointments: Canada Games Foundation: to reappoint Andrew Gaunce for a three year term from August 4, 2015 to August 4, 2018. Fundy Trail Development Authority: to reappoint Graeme Stewart - Robertson for a three year term from September 10, 2015 to September 10, 2018. Greater Saint John Regional Facilities: to reappoint Deputy Mayor Rinehart and Councillor McAlary from August 4, 2015 to the end of their current terms of Council. Heritage Development Board: to reappoint Councillor Donna Reardon from August 4, 2015 to the end of her current term of Council. Honorary Street Sign Committee: Terms of Reference — Composition: 1 Councillor, 1 EMS Representative and Tim O'Reilly; Purpose: Develop policy for honorary street signs and administrative procedures; and Commitment: Meet until policy developed and adopted by Council and then terminates. Saint John Development Corporation: to reappoint both Warren Long and Cynthia Goodwin each for a three year term from August 4, 2015 to August 4, 2018. Saint John Free Public Library: to appoint Rachel Bryant for a three year term from August 4, 2015 to August 4, 2018 and reappoint Susanne Daley to a three year term September 10, 2015 to September 10, 2018. Saint John Parking Commission and Saint John Transit Commission: to appoint David Duplisea for a three year term from August 4, 2015 to August 4, 2018. Saint John Substandard Properties Appeal Committee: to appoint Nadia MacPhee as Vice - Chair until the end of her current term on the committee. SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 233 Sponsorship Program Development Committee: to appoint both Councillors MacKenzie and Reardon each from August 4, 2015 to the end of their current terms of Council. Taxicab Advisory Committee: to appoint Andrew Somerville, Richard Lee, Paul Ram, Mack Tobias and Ralph Holyoke each for a three year term from August 4, 2015 to August 4, 2018. Trade and Convention Oversight Committee: to appoint Gerald Clayton for a three year term from August 4, 2015 to August 4, 2018. Sincerely, Mel Norton Mayor SAINT JOHN P.O. Box 1971 Saint Jahn, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada ER 4L1 234 j wv, August 4, 2015 Deputy Mayor Rinehart and Councillors, Subject: Committee of the Whole: Appointment to FCM The Committee of the Whole, having met on August 4, 2015, adopted the following resolution: "RESOLVED that as recommended by the Committee of the Whole, having met on August 4, 2015, Common Council approve the appointment of Councillor McAlary to the Federation of Canadian Municipalities (FCM) until the end of her current term of Council. Sincerely, Mel Norton Mayor l� - VU SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 41-1 235